Res 08-535RESOLUTION NO.08-535
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING MIRROR
LAKE HIGHLAND COTTAGES PRELIMINARY PLAT,
FEDERAL WAY FILE NO.07-106874-00 SU.
WHEREAS, the Federal Way City Council in 2006 adopted a Cottage Housing ordinance that
authorized cottage housing projects on a demonstration project basis; and
WHEREAS, the 16-unit cottage housing project known as Mirror Lake Highland Cottages,
designed by owner William J. McCaffrey, was selected by the Cottage Housing Selection Committee to
advance forward as a demonstration cottage housing project subject to certain conditions; and
WHEREAS, the owner applied to the City of Federal Way for preliminary plat approval to
subdivide certain real property known as Mirror Lake Highland Cottages, consisting of 1.85 acres into
sixteen (16) single-family residential lots of cottage housing located on the northeast corner of SW 312t`
Street at 6"' Place SW; and
WHEREAS, on April 16, 2008, an Environmental Determination of Nonsignificance (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 September 26, 2008, held a public hearing
concerning Mirror Lake Highland Cottages preliminary plat; and
WHEREAS, following the conclusion of said hearing, on October 10, 2008, the Federal Way
Hearing Examiner issued a written Findings of Fact, Conclusions of Law .and Recommendation
containing findings and conclusions, and recommending approval of Mirror Lake Highland Cottages
preliminary plat subject to conditions set forth therein; and
Resolution No. 08-535 Pagel of4
WHEREAS, at the public hearing, the Federal Way Hearing Examiner received from City Staff
revisions to its September 19, 2008 Staff Report that had previously been submitted to the Hearing
Examiner which clarified and corrected the Staff Report's recommended conditions #1 and #10; and
WHEREAS, these revisions were not incorporated into the Hearing Examiner's Findings of Fact,
Conclusions of Law and Recommendation; and
WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-
12E of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions;
and
WHEREAS, on October 20, 2008, the City Council Land Use and Transportation Committee
considered the record and the Hearing Examiner recommendation on Mirror Lake Highland Cottages
preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other
applicable City codes, and voted to forward a recommendation for approval of the proposed Mirror Lake
Highland Cottages preliminary plat to the full City Council; and
WHEREAS, on November 4, 2008, the City Council considered the record and the Hearing
Examiner recommendation on Mirror Lake Highland Cottages 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.
1. The findings of fact and conclusions of the Hearing Examiner's October 10, 2008,
Findings of Fact, Conclusions of Law and Recommendation, attached hereto as Exhibit A and
incorporated by this reference, are hereby adopted as the Endings and conclusions of the Federal Way
City Council subject to the following: the revisions to the conclusions, attached hereto as Exhibit B and
incorporated by this reference, which were part of the record before the Hearing Examiner, are hereby
adopted. Any finding deemed to be a conclusion, and any conclusion deemed to be a Ending, shall be
Resolution No. 08-535 Page 2 of 4
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 City Council's Findings of Fact and
Conclusions as set forth in Section 1 above, the Mirror Lake Highland Cottages preliminary plat, Federal
Way File No. 07-106874-00-SU, is hereby approved.
Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are
all integral to each other with respect to the City Council finding that the public use and interest will be
served by the platting or subdivision of the subject property. Should any court having jurisdiction over the
subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat
approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the
City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or
conditions and conduct such additional proceedings as are necessary to assure that the proposed plat
makes appropriate provisions for the public health, safety, and general welfare and other factors as
required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such
recommendation to the City Council for further action.
Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
Resolution No. 08-535 Page 3 of 4
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause,
or phrase of this resolution.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the
resolution is hereby ratified and affirmed.
Section 6. Effective Date. This resolution shall be effective immediately upon passage by the
Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS 4' DAY
OF NOVEMBER, 2008.
CITY OF FEDERAL WAY
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ATTEST:
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CITY CLERK, A OL TKCNEILLYO
APPROVED As TO FORM:
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CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 10-28-2008
PASSED BY THE CITY COUNCIL: 11-04-2008
Resolution No. 08-535 Page 4 of 4
EXHIBIT A
BEFORE THE HEARING EXAMINER FOR THE CITY OF FEDERAL WAY
Phil Olbrechts, Hearing Examiner
RE: Bill McCaffrey, WJM Studios
FINDINGS OF FACT, CONCLUSIONS OF
07-106874-00-SU LAW AND RECOMMENDATION
INTRODUCTION
The applicant requests approval of a preliminary plat to subdivide 1.85 acres into 16 single-
family cottage -housing units. The Examiner recommends approval subject to conditions
recommended by staff.
ORAL TESTIMONY
Deb Barker, Federal Way Staff.
Ms. Barker presented an overview of the staff report on behalf of the City. Her
testimony, other than her presentation of the staff report, was in response to the public concerns
raised during the hearing. First, she addressed the concern of the residents that too many trees
were being removed. She noted that the applicant's plan actually exceeded the City's
requirements regarding replacement of removed trees. She noted that the project exceeded the
open space requirements stated in the Code, which was also a concern for many residents.
Finally, she reassured the public that although there were concerns raised regarding the grading
proposed for the site, there were further permits that still had to be applied for and examined by
City departments before construction could begin.
Bill McCaffrey, applicant.
Mr. McCaffrey presented the history and background of the project. Specifically, he
described the competitive process to be granted the cottage housing demonstration project. He
noted that it was his proposition to create the development as a Low Impact Development (LID).
In response to community concerns, he stated that he has not been misleading about his
intentions with the project, and that the public has always been presented with the 16-unit plan,
and not with the 12-unit plan as many residents contend. Also he disagreed with the statements
made regarding the experimental nature of rain gardens proposed for the site. He testified that
they were not experimental. They are currently in use in other developments in the City, and are
intended to capture water at the source of the runoff and prevent damage to the lake. Rain
gardens, he noted, are very good at capturing and controlling the flow of contaminants. Finally,
he stated that he followed the recommendations of a hired arborist in order to save important
trees on the property.
Carl Hansen, resident.
Mr. Hansen voiced few concerns regarding the project itself, and about the ingress and
egress issues on 6th Place. He wanted to make sure that the project and plat maps correctly stated
the name of the road, as it appeared to be misnamed on the current mapping.
{BFP707808.D0C;1/ 13041.150015/}
Preliminary Plat Recommendation P. 1 Findings, Conclusions and Recommendation
Simon Garcia, III, resident.
Mr. Garcia also stated concerns regarding the main road, and the problem of runoff
during heavy rains causing cars to hydroplane on the road. In addition he stated that stormwater
runoff from the road often resulted in overflow onto his property down the road, and he hopes
that such problems will be addressed in the planning and construction during the proposed
widening of the road.
Marilyn Gates, resident.
Mrs. Gates first stated her concerns regarding the disruption of animals in the area,
including coyotes, raccoons, and skunks, that due to the project would likely end up in her
backyard. In addition, she was concerned about the ability of the lake to handle any further
runoff, as it already submerges her property during the heavy rainfall of the winter months.
Finally, she stated that she disagrees with the piecemeal development that the City is allowing
around the lake, and that it is the cause of some of the major problems with the lake.
David Toner, resident.
Mr. Toner first raised his concern regarding the lack of notice provided to him as a
property owner with a partial ownership interest in the lake. Although his property is not within
300 feet of the project property, the lake is, and as a partial owner of the lake he believed he,
along with all other partial owners, ought to have been notified regarding the SEPA
determination process. His problem was that due to lack of notice, the property owners around
the lake, who will be most affected by any harm to the lake, were unable to have a voice in the
determination process. He also contends that the project needs an Environmental Impact
Statement, and that because he did not receive notice he was unable to voice this concern to the
City. In addition, he testified that he believed this project posed a great economic risk to the
City, and that the adverse affects that will likely result from mass grading, removal of trees, and
harm to the lake, are reason enough for this proposal to be denied.
Richard Scott, resident.
Mr. Scott also addressed the issue of lack of notice to those residents around the lake who
are not within 300 feet of the subject property, but have partial ownership of the lake. In
addition he opposed the proposed mass grading, and the removal of nearly all of the large trees
on the property, as they are not only crucial to the geological integrity of the lake, but also the
aesthetic quality.
Bob Roper, resident.
Mr. Roper has been monitoring the lake for over 12 years, from 1993 through 2005, and
is concerned by the proposal because of the possible infiltration and flow into the lake that will
occur. He lives on the lake, chairs the Land Use Committee of the Mirror Lake Residents
Association, served on the Board of Directors for the Washington State Lake Protection
Association, and is a chemical engineer. He is specifically concerned that the King County
stormwater manual techniques are insufficient to prevent harm to the lake, especially in regards
to the inadequacies of the proposed rain gardens for controlling stormwater runoff into the lake.
He submitted a letter into the record addressing these issues in great detail. He also stated
concern regarding the cottage housing on the subject location because of its impact on the lake,
{BFP707808.DOC;1/ 13041.150015/}
Preliminary Plat Recommendation p. 2 Findings, Conclusions and Recommendation
and because it would allow double the density of the surrounding zoning districts. Finally, he
proposed conditions to the approval of the plat if approved: reducing the housing to 12 units,
reserving the south side of the property for water retention, providing for City maintenance of the
ponds for the project, and a bond for remediation of future water problems.
Eden Toner, resident.
Mr. Toner also addressed the lack of notice received as a property owner in the area, like
those that testified before him. He felt as though he was essentially excluded from the process.
He also pointed out an easement that would allow lake access to 5 of the cottage homes. This
would create problems for the property owners that own the lake and who are responsible for its
maintenance, because the cottage home owners owe no duty to protect the lake. In addition, he
disagreed with the proposal to remove all of the trees. Mr. Toner also testified that he felt as
though the applicant had deceived the neighbors throughout this process, and that the applicant
only went through the necessary motions in order to have this project approved. Finally, he
proposed conditions for the possible approval of the project: addition of retention ponds,
retention of more trees on the property, fewer number of proposed units, and phased grading.
Patricia Raine, resident.
Ms. Raine testified mainly only to the wildlife problem that is likely to be created from
the clearing of the subject property. Specifically, her concern regarded the increase in rats that
come onto her property and into her house.
James Knannlein, resident.
Mr. Knannlein testified that the quality of the lake has gone down as a result of other
projects in the vicinity, and that it will continue to be adversely impacted if this project is
approved. In addition he pointed out that there are significant important wildlife in the area,
specifically osprey and eagles, and the impact on these animals habitats needs to be addressed in
an Environmental Impact Statement prior to any further action on the project.
Duncan Blanchard, resident.
Mr. Blanchard testified primarily to his concerns regarding water retention on the subject
property and the overflow of the lake that is likely to occur upon clearing the property and
increasing impervious surfaces. He stated that he has installed more retention devices on his
property for a single home than what is proposed for 16 homes.
Barbara Hartloff, resident.
Ms. Hartloff was primarily concerned with the deterioration of the quality of the lake,
how overflow damages the properties, and how even minimal runoff makes a big impact on the
lake, and by extension, the property owners. In addition she pointed out that the property owners
on the lake were the ones responsible for its upkeep, that there is no City involvement or funds
involved, and that this project will impact each of those property owners' interests. She also
stated her belief that an untested idea like the rain garden is simply not enough to prevent harm
to the lake.
William Murphy, resident.
{BFP707808.DOC;1/ 13041.150015/}
Preliminary Plat Recommendation p. 3 Findings, Conclusions and Recommendation
Mr. Murphy has been involved in trying to clean the lake up for the past thirty years, and
believes they have made progress, but that this project will be detrimental to any gain that has
been made. Fish have been added to the lake, which have brought eagles and osprey to the area,
but harm to the lake and clearing of the property will negatively impact that relationship. In
regards to the City, he believes that they have upheld the Code, and are not protecting the
residents, the property, or the environment. Additionally, he believes that the applicant has been
deceptive in what he has presented to the community. Finally, he stated that even if the Hearing
Examiner cannot hear a SEPA appeal, he is able to deny the proposal as it currently stands.
Ann Dower, Federal Way Senior Engineering Plans Reviewer.
Ms. Dower currently works in the City Public Works Department, and has been there for
10 years, she is not a P.E., but has many years of experience working at that level. Ms. Dower
specifically addressed the issue of stormwater for the project. She testified that the applicant has
provided sufficient geotechnical reports and infiltration tests for the water situation, and that
King County and the State Department of Ecology have advocated for this type of infiltration
system in developments. She, and the rest of City staff, believes that the proposed system of
several rain gardens, pervious pavement, infiltration gallery below the pavement, current soil
conditions, and retention trenches will be a successful management system for the project. In
response to a question from the Examiner regarding the longevity of this type of system, she is
confident that the systems will work for this site, and that they will take care of the 100-year
storm and beyond, as well as cover level 3 flow control and phosphorous flow into the lake.
Also, she pointed out that infiltration systems in general, the category that rain gardens fall into,
are the best method for controlling and filtering phosphorous. In addition, she stated that the
development process is not finished, and that she and her department will continue to work with
the applicant to further perfect the system. In response to Examiners question regarding
monitoring of the system, she did state that monitoring issues have not been addressed at this
stage, although she would be open to monitoring conditions, but that bonding will be required,
and is also a proposed condition in the staff report. In addition, she said that because of the
available open space planned for on the site, it would be possible to move the rain gardens or
enlarge them if some type of failure does occur; however she does not see this as a likely
occurrence. When asked by the Examiner about the water quality of the lake, she stated that
there is a Public Works Department study from 2005 that indicates no trend towards degradation
of the Mirror Lake water quality, and that no degradation is foreseen as a result of this project.
In response to Mr. Garcia's concerns, Ms. Dower stated that the design standards require that
water be captured and treated, that the design does not impact neighboring properties with
erosion problems, and that if the impacts on Mr. Garcia's property can be addressed in this
project, that will be done during future planning with the applicant. Finally, in response to Mr.
Roper's letter, she stated that she generally disagrees with its content, and that many departments
within the City have reviewed setbacks proposed for the project. Some of his concerns are also
specifically addressed in Exhibit H-3, and that other aspects of the staff report also address many
of his, and other resident's, concerns.
EXHIBITS
See list of exhibits at p. 19 of the September 19, 2008, staff report prepared by Deb Barker. In
addition, the following exhibits were presented and entered into the record during public hearing:
{BFP707808.DOC;1/ 13041.150015/}
Preliminary Plat Recommendation p. 4 Findings, Conclusions and Recommendation
Y:
Letter from David Toner
Z:
Letter from Bob Roper
Z-1:
Letter from Eden Toner
Z-2:
Letter from Marla Ledin
Z-3:
Email from Marla Ledin
FINDINGS OF FACT
Procedural:
Applicant. The applicant is Bill McCaffrey of WJM Studios.
2. Hearing. The Hearing Examiner conducted a hearing on the application at 2:00 p.m. at
Federal Way City Hall on September 26, 2008.
Substantive:
3. Site/Proposal Description. The applicant proposes to subdivide an approximate 1.85 acre
parcel of land into 16-lots for establishment of single-family cottage housing units. The site,
which consists of five parcels for a total of 1.85 acres, is a long and narrow parcel, 109 feet wide
by 716 feet deep, with frontage onto SW 312th Street and 61h Place SW. A small house on the
southernmost portion will be removed with plat development; the rest of the site is vacant. A 7-
foot wide portion of the property extends northward approximately 140 feet, which has been
referred to as the panhandle on the site. The site is located in the central portion of the City,
north of SW 312th Street and east of 6th Place SW. The site is accessed from 6th Place SW off of
SW 312th Street. The subject site has a land area of 80,598 square feet. The project was
submitted as a potential cottage housing project in January of 2007, in order to be selected to
advance the formal development of the Cottage Housing demonstration project. In this process,
it was established that 8 traditional single-family homes could be situated on the parcels. The
original cottage estimate was for 14 units, but upon purchasing additional land, the City
approved the modification to allow for 16 units. As the development of the site will create
additional runoff from new impervious surfaces such as streets, driveways, and rooftops, the plan
proposes the use of pervious pavement systems, shallow infiltration basins and trenches, rain
gardens and other techniques to be implemented in order to prevent further runoff impacts. In
addition, the property, based on a Forestry evaluation, the site contains two forest cover types; a
fully stocked stand of second growth timber in the northern portion of the site, with conditions
ranging from very poor to good, and the area around the existing house consists of scattered
individual or clusters of evergreen trees, and the understory is grass and weeks, with conditions
ranging from very poor to very good. There are also 63 significant trees located on the subject
site, of which the applicant has proposed removing all of them in addition to removal of most of
the other vegetation on the site. Tree replacement has been proposed with the installation of 28
evergreen trees ten feet in height at the time of planting, and further vegetation replanting. Also
on the site are deer and songbirds, as well as nuisance species such as skunks, raccoons, feral
cats, and rodents.
{BFP707808.D0C;1/ 13041.150015/}
Preliminary Plat Recommendation p. 5 Findings, Conclusions and Recommendation
4. Characteristics of the Area. The property is situated in the central portion of the City in
an already developed single-family residential area. The site is generally surrounded by
residential properties developed with single-family residences on lots ranging from 6,969 square
feet to 20,150 square feet in size. The 18-acre church property to the east contains a sanctuary
with daycare facility, a community building, a school building, and several small rental cottages
throughout the large site. Lots sought of the subject site front onto Mirror Lake, and lots west of
the site front onto 6th Place SW, which is a private easement roadway. Mirror Lake is a
regulated lake as defined under Federal Way Code, and is located approximately 160 feet south
of the subject site. SW 312th Street and a row of developed residential lots separate the proposed
cottage development from the lake. However, one of the underlying lots of the project is the
beneficiary of a ten -foot -wide easement to Mirror Lake. Additionally, the zoning of the
surrounding area is the same as the subject property, RS 7.2, Single -Family - High Density.
5. Adverse Impacts. The surrounding community has expressed several concerns about the
impacts of the project. Staff have thoroughly addressed all of those issues in their report and
testimony. Infrastructure issues are addressed in more detail in Finding Fact No. 6. Other
impacts are addressed below:
A. Easement. Some community members expressed concern about the overuse of an
easement that allows lake access to a portion of the subject property. It is believed that the
drafters of the access easement never intended it to allow access to multiple users, as would
occur if this project is approved. The scope of the easement is a private issue between the future
owners of the subject property and those others who have rights to Mirror Lake. The issue is not
germane to this permit application.
B. Water Quality. The adequacy of the proposed stormwater detention facility is
addressed under Finding of Fact No. 6 below in regard to infrastructure. Water quality is
addressed here as a separate environmental impact. Several citizens, most notably Bob Roper,
expressed concern over impacts on water quality. Mr. Roper, a chemical engineer with extensive
experience in monitoring water quality in Mirror Lake, testified that the rain gardens proposed
by the applicant are experimental and it is unclear whether they will adequately protect Mirror
Lake from water quality problems. Ann Dower, from the Public Work's department, has ten
years of experience in assessing the adequacy of stormwater systems. She noted that a 2005
study of Mirror Lake water quality found no trend towards degradation and that she and others in
Public Works who have assessed the project see no threat to water quality from the proposed
project. Ms. Dower stated that the stormwater system proposed by the applicant is actually the
best suited of the types available for preventing phosphorous contamination of the lake. She also
noted that the system has been subjected to extensive geotechnical analysis. Given the expertise
and testimony of staff and the thorough analysis conducted for the design of the stromwater
system, the Examiner finds that the system is adequately designed to prevent any material water
quality degradation of Mirror Lake.
Mr. Roper noted that the King County Stormwater Drainage Manual, applicable to this
development, does not have compulsory requirements for inspections of system performance or
correction of deficiencies. Mr. Roper points out that the Manual authorizes the review authority
to impose additional conditions based upon site specific conditions. In her testimony Ms. Dower
stated that she was open to conditions that required monitoring. The Examiner will condition the
{BFP707808.DOC;1/ 13041.150015/1
Preliminary Plat Recommendation p. 6 Findings, Conclusions and Recommendation
project to include a monitoring plan and to allow the City to correct deficiencies if they are not
timely corrected by the property owners. These obligations will be recorded upon the property.
This condition is intended to address both water quality control and water flow.
C. Tree Retention. All trees will be removed from the property, but the applicant
will replant 28 evergreen ten or more feet taller. Staff have found this to be consistent with the
City's tree regulations and project opponents have not identified any code provision that is
violated by the clearing of the existing trees. Further, there is nothing in the record to suggest
anything unique about the trees that would warrant protection beyond that required by Federal
Way regulations. For these reasons, there is no justification to require any additional tree
mitigation.
D. Wildlife. Concerns were raised about native wildlife, such as deer, songbirds,
skunks, raccoons, feral cats, and rodents. None of these species are designated as threatened or
endangered under federal regulations and they are not protected under Federal Way regulations.
Comments were made about eagle sightings in the area but there is no evidence to suggest that
there is any eagle habitat on the property that would be affected by the project. Concerns were
also raised that displaced wildlife would become a nuisance to adjoining properties, but there
was no evidence presented to support this issue. Impacts on wildlife are either not adverse or
there is no legal basis to mitigate against the impact.
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 Federal Way City Code
("FWCC"), all internal and external roadways shall be improved to all applicable
FWCC street standards, and rights -of -ways must be dedicated by Statutory Warranty
Deed to the City of Federal Way. As shown on the plat cross-section, streets are
designed in accordance with the City's February 9, 2007, right-of-way modification
granted by the Public Works Department. The section for 61h Place SW is a section
`W' and includes 20-foot pavement width, vertical curb and gutter, four -foot planter
strips, five -foot -wide sidewalks, three-foot utility strip, streetlights, and street trees.
This property will remain private but will be set aside in a "Tract X" for possible
future dedication to the public, and parking will not be allowed in the tract. The
section for SW 312ffi Street is a section "K" and includes a 78-foot-wide right-of-way,
44-foot pavement width, vertical curb and gutter, six-foot planter strips, eight -foot -
wide sidewalks, five-foot bike lanes, streetlights, and street trees. Submitted plans
demonstrate how the full street section can be constructed within the right-of-way. A
sight distance analysis was provided and reviewed by the City. The approved internal
roadway cross section follows those of private road serving 13 or more lots and
consists of 24 feet of pavement, 5-foot wide sidewalk on both sides, and a minimum
easement width of 34-feet. The City granted a modification to eliminate sidewalks on
one side of the private roadway. Both the City's Traffic Engineer and South King
Fire and Rescue reviewed the submitted plans and concluded that the proposed street
layout of the Mirror Lake Highland Cottage subdivision is consistent with the adopted
codes and comprehensive plan.
{BFP707808.DOC;1/ 13041.150015/}
Preliminary Plat Recommendation p. 7 Findings, Conclusions and Recommendation
• Vehicular Access and Circulation: Primary vehicular access to the site will be
provided via 6th Place SW off of SW 312th Street. The applicant will dedicate land to
the 6th Place SW frontage, will construct the half street to meet city standards, and
will establish a Tract X for future dedication. 6th Place SW will remain private until
such a time as required by the City. No direct vehicular access will be allowed to SW
312th Street. No dedication is required along SW 312th Street as that portion of street
contains a section of unopened right-of-way. The internal driveway shall be
improved to a private roadway standard. Pursuant to FWCC street improvement
standards, applicable SW 312th Street improvements must be dedicated to the City of
Federal Way for right-of-way and the public and private streets must be improved to
applicable City standards. The northern extension of Weyerhaeuser Way and the
northern extension of 32"' Avenue South, both from South 320"' Street. The 32"'
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.
• Pedestrian System: As proposed and required, the plat complies with the FWCC
subdivision code requirements for on- and off -site pedestrian circulation; providing
cottage housing requirements for on and off -site pedestrian circulation; providing
pedestrian pathways the length and width of the project as well as along SW 312th
Street and 6th Place SW frontage. The new sidewalks will connect to existing paved
roadway shoulders on 6th Pace SW and SW 312th Street.
• Open Space: There will be both common and private open space within the project
site. The proposed Cottage and Compact Single -Family Housing Development
requires 8,000 square feet of open space for the 16 unites based on a 500 square feet
per unit standard. Provided common open space is 10,431 square feet and rain garden
open space is 4,087 square feet for a total of 14,518 square feet of common open
space. The common open space includes established garden areas, a pea patch, and a
560 square -foot community building, landscaped pedestrian corridors, and includes
rain gardens that incorporate pedestrian trails, seating and landscaping. Of this, 22%
is in common sidewalks. Mr. Roper asserts in his testimony that the rain gardens
have been incorrectly used to count towards the open space requirements for the
project. As noted by the applicant, however, the project complies with open space
requirements even if the rain gardens are not counted. The three open space
"clusters" will be established in tracts to be owned in common by the owners of the
Cottage Housing Development. There will also be front yard open space areas that
are a minimum of 9-feet deep, located between a porch and the property line ranging
in size from 403 square feet to 832 square feet. These private yards will be separated
from common areas with low fencing and will be planted and maintained by
individual homeowners.
{BFP707808.D0C;1/ 13041.150015/}
Preliminary Plat Recommendation p. 8 Findings, Conclusions and Recommendation
• Drainage: Development of this site will create additional runoff from new
impervious surfaces such as streets, driveways, and rooftops. Storm drainage
facilities are being designed in accordance with Low Impact Development (LID)
options from the 2005 King County Surface Water Design Manual ("KCSWDM")
and as modified by the City. The applicant's storm drainage Preliminary Technical
Information Report and Level I Drainage Analysis were reviewed and approved by
the City's Public Works Department. According to the reports, runoff from the site
currently goes into a ditch along SW 312th Street, and crosses under SW 312th Street
to discharge into Mirror Lake. This system drains into Fishers Bog to the south, and
ultimately to Lakota Creek and Puget Sound. Proposed LID techniques depicted on
submitted plans are to reduce impervious surfaces, use pervious pavement for
sections of the private road, increase stormwater infiltration to the maximum extent
feasible through the use of shallow infiltration basins and trenches, allow soil
amendment to provide a good growth medium and enhance treatment of stormwater
to be infiltrated, and infiltrate stormwater runoff from roof areas through the use of
individual infiltration trenches. 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 KCSWDM, the Comprehensive
Surface Water Management Plan, and the Stormwater System Operation and
Maintenance Manual. The approved storm drainage facilities must be constructed per
City code requirements, prior to final plat approval and recording of the subdivision.
Final review and approval of the storm drainage facilities as shown on the
engineering plan will occur in conjunction with full drainage review.
• In his written materials, Mr. Roper takes issue with a decision issued by Ann Dower
waiving the five foot setback requirement for the rain gardens. FWCC 21-23 only
allows the applicant to appeal these decisions and the appeal must be heard by the
Public Works Director. The Examiner and Council have no authority to entertain an
appeal of this decision.
• Water: The applicant proposes to serve the subdivision with a public water supply
and distribution system managed by the Lakehaven Utility District. The December 7,
2007, Certificate of Water Availability 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 December 7, 2008, Certificate of Sewer
Availability indicates the district's capacity to serve the proposed development
through a Developer Extension Agreement (DEA) between the applicant and the
district. The applicant will be extending the sewer to the far edge of the subject site,
and may provide opportunities for other properties to hook up to the sewer on a
latecomer basis.
• 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 March 31, 2008, school
access analysis submitted by the applicant indicates that the site is located in the
service areas of Lake Grove Elementary, Lakota Middle School, and Federal Way
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Preliminary Plat Recommendation P. 9 Findings, Conclusions and Recommendation
High School. School service areas are reviewed annually and may be adjusted to
accommodate enrollment growth and new development. Middle and elementary
school students will walk to school as these schools are within one mile of the subject
site, while high school students will be bused to school. Lakota Middle School
students will walk west along SW 312th Street to the middle school, crossing SW
312th at 8th Avenue SW in a marked crosswalk. Lake Grove Elementary and Federal
Way high School students will walk north along 6th Place SW to SW 308th Street.
The Lake Grove students will continue east to the school grounds within a path
separated from the vehicular travel lane by a curb. High school students will catch
the school bus at SW 308th and 8th Avenue SW. Bus stops are subject to change, as
student needs increase and roads are developed. School impact fees will be collected
at the time of building permit issuance. Currently those fees amount to $3,883.00
plus a $194.00 City administrative fee 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.
• Fire Protection: South King Fire and Rescue requires that a fire hydrant be located
within 350 feet of each lot. If this condition cannot be met, the houses require
sprinklers. In the case of the long narrow lot, hydrant access is limited, so all of the
houses, garages and other buildings will be required to contain sprinkler systems prior
to final inspection. The Certificate of Water Availability from Lakehaven Utility
District indicates that water will be availab 1 e to the site in sufficient quantity to
satisfy fire flow standards for the proposed development. The exact number and
location of fire hydrants will be reviewed and approved by South King Fire and
Rescue.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner: FWCC 20-110 (4) and (5) provide the Examiner with
the authority to conduct a hearing and make a recommendation to the City Council on
preliminary plat applications.
State Environmental Policy"SEPA") Review: SEPA review would be subject to challenge
if notice of the SEPA threshold decision (issuance of the DNS) did not follow code requirements.
Community members raise an interesting notice argument in on this issue. Mirror Lake, which is
within 300 feet of the proposal, is owned by all the members of the Mirror Lake Resident's
Association. FWCC 18.49(a)(1) requires the City to provide notice of a threshold determination
to all "...owners of real property as shown in the records of the county assessor located within
300 feet of the site..." As noted in Exhibit L-3, notice of the SEPA threshold determination was
mailed to the president of the Mirror Lake Resident's Association. There is no case law in
Washington State that directly addresses this type of situation. In general, the constitutional
requirements for notice in permit hearings is to provide notice that is reasonably calculated to
apprise affected parties ofa pending action to afford them an opportunity to present objection.
See, e.g., Pease Hill Community Group v. County of Spokane, 62 Wn. App. 800 (1991). The
members of the Resident's Association managed their ownership rights through their Residents's
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Preliminary Plat Recommendation P. 10 Findings, Conclusions and Recommendation
Association. Under the reasonableness standard of due process, notifying the President of that
Association was an appropriate means of providing notice to the membership. "Reasonableness"
is a concept that works for all participants in the land use process and it would be unreasonable
to expect a municipal entity to asecertain the identify of all members of an organization with
ownership rights to a parcel of property and then mail eachmember notice. The President of the
Association was in a much better position to provide this notice than the City.
Substantive:
2. Zoning Designation: -Single-Family — High Density, RS7.2.
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 Single -Family — High Density. The proposed land use of a
Cottage and Compact Single -Family housing development is permitted within the RS 7.2 zone
and 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"
including Article XII "Cottage and Compact Single -Family Housing"; 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. As discussed in detail in the Findings of Fact, all adverse impacts associated with the
proposal are fully mitigated and all infrastructure needs are met. The proposed Cottage Housing
preliminary plat would permit development of the site consistent with the current Single -Family
High Density land use classification of the FWCP and map. Proposed access and fire hydrant
locations must meet all requirements of South King Fire and Rescue, and all future structures are
required to be sprinklered. Under these conditions the project is designed and conditioned to
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:
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Preliminary Plat Recommendation P. 11 Findings, Conclusions and Recommendation
7. The proposed preliminary plat would promote the purposes identified in FWCC Section
20-2 and the standards and regulations therein, as identified in the staff report, including
effective use of land, promotion of safe and convenient travel on streets, provision for the
housing needs of the community, protection of environmentally sensitive areas, and preservation
of approximately 18% of the site as common open space. As proposed, and with conditions as
recommended, the plat application complies will all provisions of the chapter.
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;
8. 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:
9. As previously noted, the project constitutes development in an area that is already
characterized and developed by residential development. In addition, the project will effectively
use the land, combining high -density housing with high levels of open space and on site
infrastructure. 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.
10. The density of the project meets the density requirements for the RS7.2 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:
11. As noted in the Findings of Fact, the project is served by adequate infrastructure, in order
to properly serve new residents as well as to prevent degradation of current services to existing
residents of the area.
FWCC 20-2(6): Provide for proper ingress and egress:
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Preliminary Plat Recommendation p. 12 Findings, Conclusions and Recommendation
12. According to staff, as conditioned, access to all lots will comply with City design
standards. The widening of 6th Place SW will aid in available safe access to the subject property.
FWCC 20-2(7): Provide for housing and commercial needs of the community:
13. The project constitutes a development at urban densities, and therefore satisfies the above
criteria. In addition, the project is a Cottage Housing Demonstration project that will serve as a
model for future developments of the same type, which will help meet the long term economic
and housing growth in the future.
FWCC 20-2(8): Require uniform monumenting of land divisions and conveyance of accurate
legal descriptions:
14. 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:
15. 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. No appeal has been filed in regards to the SEPA determination, and although
concerns regarding the sensitivity of Mirror Lake have been raised, the LID and other
development techniques have been employed that will minimize adverse environmental impacts.
Although residents are concerned about the adverse impacts to their individual properties, as well
as to the Lake itself, the project has been properly reviewed and mitigated in order to prevent
such damages from occurring. In addition, further review of the engineering site plan will take
place prior to construction and final approval of the plat.
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.
16. The project incorporates features designed to comply with the above criterion. The LID
has been utilized to specifically address the protection of the environment and sensitive areas.
There are also no streams, wetlands, or steep slopes on the project site.
FWCC 20-125(c)(5): It is consistent with the development standards listed in FWCC 20-151
through 20-157, and 20-178 through 20-187.
17. Development of this site is required to comply with the provisions of FWCC Chapter 20,
"Subdivisions"; Chapter 18, "Environmental Protection"; Chapter 22, "Zoning"; and all other
applicable local and state development codes and regulations. As proposed, and as recommended
by City staff, the preliminary plat application complies with all applicable statutes, codes, and
regulations.
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Preliminary Plat Recommendation p. 13 Findings, Conclusions and Recommendation
RECOMMENDATION
The Examiner recommends that the City Council approve the preliminary plat as set forth in the
staff report Deb Barker, subject to conditions 1 through 10 therein noted. In addition, the
applicant shall incorporate a stormwater maintenance and monitoring plan into CC&R's or other
covenants running with the land that provide the following:
1. A reasonable five year monitoring plan prepared by staff designed to monitor
compliance with the performance standards contemplated in the King County Stormwater
Design Manual. The monitoring plan shall authorize the City to impose remedial measures, such
as requiring additional stormwater facilities, if performance standards are not maintained.
2. A right of access to the City for stormwater system inspections.
3. A right of the City to repair stormwater system facilities at the expense of
property owners if the property owners do not conduct the repairs within a reasonable timeframe
imposed by the City.
Dated this IOth day of October, 2008.
Phil Olbrechts
Hearing Examiner
City of Federal Way
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Preliminary Plat Recommendation p. 14 Findings, Conclusions and Recommendation
Res. # 08-535
XII. RECOMMENDATIONS
Based on review of the applications, environmental record, and pertinent decisional criteria, the
Department of Community Development Services recommends that the Hearing Examiner
recommend approval of the preliminary plat subject to the following conditions:
Prior to the City's approval of engineering plans, the applicant shall confirm that submitted plans
meet applicable provisions of Low Impact Development (LID) as detailed in the 2005
KCSWDM. The applicant may be required to provide additional bonding or maintenance
provisions for methods not currently approved by the 1998 KCSWDM.
2. Prior to the City's approval of engineering plans, the applicant shall submit a final landscape
plan, prepared by a licensed landscape architect, addressing common open space and right-of-
way landscaping within plat boundaries for review and approval by the Directors of Community
Development and Public Works.
Prior to the City's approval of engineering plans, the applicant shall strive to reduce the quantity
and overall height of any proposed retaining walls or rockeries. Approved retaining walls or
rockeries associated with plat construction shall reflect cottage housing residential scale, design,
and sensitivity of materials or treatment, including use of texture, vegetation, and terracing.
4. Prior to the City's approval of engineering plans, should the City determine that the proposed
development impacts the location of the existing west -bound bus stop on SW 312' Street, the
approved plans shall depict a 10' x 10' concrete landing pad that meets Americans with
Disabilities Act (ADA) and King County Metro standards.
Prior to final plat approval, the access and configuration of lot 14 shall be revised so that lot 13
receives greater access to the common open space as discussed in the findings.
Prior to final plat approval, the final plat drawing shall dedicate all common open space in an
open space tract(s) 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
tract, except as necessary for maintenance or replacement of existing plantings and as approved
by the City. A note shall be included on the final plat map that the open space tract shall not be
further subdivided, may not be developed with any buildings or other structures except as may
be approved by the City for recreational purposes only for the benefit of the homeowners, and
may not be used for financial gain.
Prior to final plat approval, the applicant shall provide to the City a covenant against the
property that establishes a minimum of two of the housing units as affordable housing as
provided in FWCC Section 22-923(13)(a), for a period of not less than fifteen years, for City
review and approval. Prior to issuance of certificate of occupancy for these units, the approved
covenant shall be recorded at King County at the expense of the applicant.
8. Prior to final plat approval, traffic mitigation in the amount of $64,458.00 shall be paid to the
City.
9. Prior to issuance of any building permit for the subject site, submitted plans shall depict all
buildings to contain approved sprinkler systems.
10. Prior to building permit issuance, the city shall confirm that affordable housing cottage units
have the materials and appearance consistent with the market rate cottage and compact single-
family housing units.
From Staff Report for HEX 08-15 File 07-106874-00-SU/Doc. I.D. 46545
Mirror Lake Highland (Cottages) Preliminary Plat