Council PKT 04-19-2011 SpecialCITY OF
, �,�,,,... Federal Way
AGENDA
FEDERAL WAY CITY COUNCIL
SPECIAL MEETING
Council Chambers - City Hali
April 19, 2011
5:30 p.m.
www. cityoffederalway. com
1. CALL MEETING TO ORDER
2. RETREAT MEADOWS PRELIMINARY PLAT ...pg 2
3. EXECUTIVE SESSION
Potential Litigation pursuant to RCW 42.30.110(1)(i)
4. ADJOURNMENT
The Council may add items and take action on items not listed on the agenda.
COiTNCIL MEETING DATE: Special Meeting - Ap 1 9, 2010 ITEM #:�_
CIT� OF FEDERAL WAY
CITY COUNCIL AGENDA BILL
SUBJECT Retreat Meadows Preliminary Plat, File 08-101729-00-SU
POLICY QUESTION Should the proposed 59-lot residential preliminary plat application be approved?
COMMITTEE N/A
CATEGORY:
❑ Consent ❑ Ordinance
❑ City Council Business � Resolution
STAFF Matthew Herrera, Associate Planner
MEETING DATE April 19 , 2010
❑ Public Hearing
� City Councit Special Meeting
DEPT Community & Economic Development
Attachments:
• Retreat Meadows reduced sized site, preliminary plat and grading/utility plans
• City Council Resolution for Retreat Meadows Preliminary Plat.
• Retreat Meadows Hearing Examiner recommendation dated March 2, 2011; and
• Preliminary plat staff report to the Hearing Examiner dated February 16, 2011
Please refer to the `Retreat Meadows' binder located in City Council office for the full Hearing Examiner record.
Options Considered:
1. Adopt the Hearing Examiner recommendation and approve Retreat Meadows based on the public hearing
record;
2. Reject the Hearing Examiner recommendation and disapprove Retreat Meadows based on the public hearing
record; or
3. City Council adopts its own recommendations and approves the Retreat Meadows Preliminary Plat.
MAYOR'S RECOMMENDATION Option #l, adopt the Hearing Examiner recommendation.
MAYOR APPROVAL: D DIRECTOR APPROVAL:
Counc
PROPOSED COUNCIL MOTION "I move approval of Option #1, adopt the Hearing Examiner recommendation
and approve the Retreat Meadows Preliminary Plat. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1 reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED— 08/12/2010 RESOLUTION #
Doc. I.D.
.
�
;
A PORTION OF THE NW CORNER OF SECTION 30, TOWNSHIP 2� , RANGE 4 EAST, W.M.
PRELIMINARY PLAT OF
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SITE DATA
Si7E ADDRE55: 203, 2�5 AND 225 SW 356TH STREET
FE�ERAL WAY, WA 98023
PARCEL NUMBERS: 302104-9021, 302104-9058, 302104-9082, AND
THE SOUTHERN HALF OF 302104-9020
GRO55 SfTE AREA: t635,000 SF = 14.6 ACRES
COMP PLAN OESIGNATION: SINGIE-FAMILY, HiGH OENSIN
ZONING: RS-7.2 (RESIOENTIAL - 7,200 S.F MINIMUM)
EXISTING USE: SINGLE FAMILY RESIDENCES AND VACANT
PROPOSED USE: 59-LOT SINGLE FAMILY RESIDENTIqL SUBDMSION
DEVELOPMENT STANDARDS
MINIMUM LOT AREA: 7,200 SF'
BUILDING SEf&4CKS:
FROM 20'
SIDE - IN7ERIOR: 5'
SIDE - STREEf: 70'
REAR: 5'
MAXIMUM HEIGHT OF ST(tUCTURE: 30'
MAXIMUM LOT COVERAGE: 60R
REQUIRED PARKING SPACES: 2 PER DWEWNG UNIT
•AFFORDABLE HOUSING EXE4IPTION (FWCC 22-976): UP TO
tOR OF THE MAXIMUM UNITS ALLOWED MAY BE
REDUCED TO 80X OF THE MINIMUM LOT S2E OF 'fNE
UNOERLYING ZONE.
AFFORDABLE UNRS: 6(59 X.70 = 5.9 UNIT$)
MIN. LOT SIZE: 5760 SF (7200 X.80 = 5760)
UTILITY PROVIDERS
SEWER: LAICEHAVEN UTIUN DISTRICT
WATER: LAKEHAVEN UTILRY DISTRICT
POWER: PUGET SOUND ENERGY
GAS: PUGEf SOUND ENERGY
TELEP-HONE:..QWESS-. - _ . . . . .
SCHOOI: f'EDERAL WAY SCHOOL DISTRICT �210
FIRE: SOUfH KING COUN7Y FlRE AN� RESCUE
DEVELOPER
UWDMARK HOMES
PO BOx 26176
FEDERAL WAY, WA 98093-3116
253-927-6716
CONTACT: DAVID UTOWITZ
OWNERS
356th STREEf MANAGEMENT
P.b. BOX 26116
FEDERAL WAY, WA 98093-3176
253-927-6116
NEHEMIAH GROUP LL.C.
5015 SW DlSH POINT RD
FEDERAL WAY, WA 98023
253-946-6107
PLANNER/ENGINEER
E511 CONSUL7ING ENGINEERS. LLC.
181 SOUTH 333RD STREEf
BLDG C, SURE 210
FEGERAL WAY, WA 98003
425-838-6173
SURVEYORS
SAULER/BARNARD
717 W. STEWAFif
PUYALLUP. WA 98371
253-848-5170
CIARK LAND OFFICE
955 N. 5th AVE.
SEQUTAI, WA 98382
360-681-2161
SHEET INDEX
SHEEi N0. DESCRIPTION
PP-01 OVERACL SITE FLAN / COVER SHEET
PP-02 BOUNDARY AND TOPOGRAPHIC SURVEY
PP-03 SITE PLAN
PP-04 PRELIMINARY ROAD, GRADING AND DRAINAGE PWN
PP-05 SW 356TH ST ENTERING SIGHT DISTANCE
PP-06 1ST AVE S ENTf=RING SIGHT DISTANCE
L1.1 LANDSCAPE & TREE REPLACEMEM PLAN RESUBMITTED
�nri a i zon
C[ry pF FEDEPAI. WAY
NS
CIIY # 08-101729-00-:
CITY # 07-105992-00-F
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, APPROVING RETREAT MEADOWS PRELIMINARY PLAT,
FEDERAL WAY FILE 08-101729-00-SU.
WHEREAS, the owner, David Litowitz, applied to the City of Federal Way for preliminary plat approval to
subdivide certain real property known as Retreat Meadows consisting of 14.6 acres into fifty-nine (59) single-family
residential lots located at 157 SW 356"' St; 203 SW 356`�' St; 215 SW 356`�' St; and 225 SW 356�' St; and
WHEREAS, on May 13, 2009, , an Environtnental Determination ofNonsignificance (DNS) was issued by
the Director of Federal Way's Department of Community Development Services pursuant to the State
Errvironmental Policy Act (SEPA), Chapter 43.21C; RCW; and
WHEREAS, the Federal Way Hearing Examiner on February 16, 2011, held a public hearing concerning
Retreat Meadows preliminary plat; and
WHEREAS, following the conclusion of said hearing, on March 2, 2011, the Federal Way Hearing
Examiner issued a written Report and Recommendation containing findings and conclusions, and recommending
approval of Retreat Meadows preliminary plat subject to conditions set forth therein; and
WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-127 of the
Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and
WHEREAS, on April 19, 2011, the City Council considered the record and the Hearing Examiner
recommendation on Retreat Meadows preliminary plat, pursuant to Chapter 20 of Federal Way Ciry Code, Chapter
58.17 RCW, and all other applicable City codes.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS
FOLLOWS:
Section I. Adoption of FindinPS of Fact and Conclusions.
The fmdings of fact and conclusions of the Hearing Examiner's March 2, 2011 Report and
Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the
findings and conclusions of the Federal Way City Council. Any fmding deemed to be a conclusion, and any
conclusion deemed to be a finding, shall be treated as such.
Resolution No. II- Page 1 of 3
Rev 1/10
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.
The public use and interest will be served by the preliminary plat approval granted herein.
Section 2. Anvlication Approval. Based upon the recommendation of the Federal Way Hearing Examiner
and fmdings and conclusions contained therein as adopted by the City Council immediately above, Retreat
Meadows preliminary plat, Federal Way File No. 08-101729-00 SU, is hereby approved, subject to conditions as
contained in the March 2, 2011, Report and Recommendation of the Federal Way Hearing Examiner (Exhibit A).
Section 3. Conditions of Approval Inte rg�al. 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. 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 affect
the validity ar constitutionality of any other section, sentence, clause ar 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.
Resolution No. 11- Page 2 of 3
Rev 1/10
n
A
Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this
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 , 20_.
CITY OF FEDERAL WAY
MAYOR, SKIP PRIEST
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
Resolution No. 11- Page 3 of 3
Rev 1/10
i.
BEFORE THE HEARING EXAMINER FOR THE CITY OF FEDERAL WAY
Phil Olbrechts, �-Iearing Examiner
RE: Retreat Meadows
FINDINGS OF FACT, CONCLUSIONS OF
08-101729-00-SU LAW AND RECOMMENDATION
INTRODUCTION
The Applicant requests approval of a preliminary plat to subdivide 14.6 acres into 59 single-
family lots. The Examiner recommends approval.
ORAL TESTIMONY
Matt Herrera, Federal Way planner, summarized the staff report. Mr. Herrera clarified that
access rights for the off-site road improvements to be made on an adjoining lot were under
negotiation between the Applicant and adjoining property owner. As to the tree retention
plan, Mr. Herrera clarified that the Applicant was submitting a revised plan to comply with
the regulations to which he had vested as opposed to those currently in place. Current tree
retention requirements are more stringent that those to which the Applicant had vested.
Eric LaBrie, agent for Applicant , testified on behalf of the Applicant . He testified that the
Applicant is in agreement with almost everything in the staff report He noted that the
Applicant and adjoining property owner have come to agreement on the off-site
improvements on the adjoining lot. Mr. Herrera acknowledged that the landscape
consultant had used incorrect code provisions for the tree retention plan and that this
would be remedied. Mr. LaBrie noted that he had requested staff to provide an example of
a covenant that implements the City's affordable housing requirements and staff was not
able to provide one because no covenant has been prepared before. Mr. LaBrie noted that
he couldn't find any affordable housing covenants in Pierce or King County land records.
Mr. LaBrie read over the City's affordable housing covenant requirements, FWCR
19.110.010, and noted ambiguities and questioned the rational of linking affording housing
to income levels. He also noted that the affordable housing covenant had to be recorded
"for the life of the project" and questioned what that would be for a subdivision. He also
noted that the aFfordable housing bonus is only gaining the project two lots and that these
additional lots will not make any recognizable difference to the overall project.
Matt Herrera and Peter Beckwith from the City Attorney's Office stated that they would be
willing to draft an affordable housing covenant that the parties coutd negotiate after the
close of the hearing. Mr. Beckwith noted that the City only had to approve the covenant as
to form and that the Applicant will be given some flexibility in how to meet the
requirements of the code. He noted that the City wasn't prepared to provide any greater
specificity on the covenant requirements at the hearing. Mr. LaBrie stated that the
comments from Mr. Beckwith satisfied his concerns.
{PA0768757.DOC;I\13041.900000\ }
Preliminary Plat Recommendation p. 1 Findings, Conclusions and Recommendation
EXHIBITS
See list of exhibits at p. 2 of the February 9, 20101, staff report prepared by Matt Herrera. All
exhibits at p. 2 of the staff report are admitted in addition to the power point presentation
submitted by Mr. Herrera at the hearing, admitted as Exhibit K.
FINDINGS OF FACT
Procedural:
1. Applicant . David Litowitz on behalf of Landmark Homes, Inc.
2. Hearin�. The Hearing Examiner conducted a hearing on the application at 2:00 p.m. at
Federal Way City Hall on February 16, 2010.
Substantive:
3. Site/Proposal Description. The Applicant proposes to subdivide four abutting single-
family residential lots, approximately 14.6 acres, into 59 single-family residential lots. A new
internal public road system will provide access to SW 356th Street and lst Avenue South. Three
stormwater facilities will be provided in three separate tracts to provide flow control and water
quality for the new impervious surfaces. One 2,845 square-foot landscape tract will be provided
along SW 356th Street to provide a buffer between the subdivision and SW 356th Street which is
designated a principal arterial in the comprehensive plan. One 3,926 square-foot tract will be
reserved for future access to the adjacent property and is proposed to be landscaped until it is
utilized as access. The Applicant proposes to complete the subdivision in two phases as shown
on the preliminary plat map. The proposed preliminary plat map, preliminary grading and utility
plan, preliminary landscape and tree replacement plan, and survey of existing conditions are
depicted in Exhibit B.
Each of the four parcels proposed for subdivision contain single-family residential dwellings
located on lots ranging in size from 34,470 square feet (.79 acres) to 217,114 square feet (4.98
acres). Parcel 302104-9021 contains two single-family dwelling units resulting in a total of five
single-family homes on four parcels. With the exception of parcel 302104-9058, which was
developed in 1993, the remaining properties were developed prior to 1969. Access to each of the
parcels is via SW 356th Street with a roadway easement granted to land locked parcel 302104-
9020.
As shown on the preliminary plat map, all lots in the subdivision meet or exceed the underlying
code-required minimum lot size of 7,200 square feet with the exception of six lots reserved as
affordable housing, which may be reduced in size by up to 20 percent. Proposed lots range in
size from 5,794 to 9,025 square feet with an average lot size of 7,452 square feet.
The Applicant has proposed to reserve six lots (33, 34, 37, 38, 47, and 48) for affordable
housing. As an incentive for applicants to provide such housing, FWCC 22-976(d) allows lots
containing affordable housing a reduction of up to 20 percent in minimum required lot size or
{PA0768757.DOC;I\13041.900000\ }
Preliminary Plat Recommendation p. 2 Findings, Conclusions and Recommendation
5,760 square feet in RS 7.2 zones. The six affordable housing lots range in size from 5,794
square feet to 5,998 square feet and are interspersed throughout the plat in three groups of two.
The _ Applicant will be required to revise the layout to accommodate lot sizes meeting the
underlying zoning requirement if the affordable housing option is not utilized.
Pursuant to FWCC 22-976(�, the Applicant will be required to record six covenants (one
covenant for each newly created lot) to enforce the affordable housing regulations of the code
section for the life of the project. Staff recommends, as a condition of approval, the six covenants
be recorded concurrently with the final plat.
The city's critical areas map details a potential Category III wetland (30-21-04-143) located on
the abutting eastern parcel and within 200 feet of subject property. Two wetland reports,
submitted by the Applicant contained in Appendix C of the Technical Information Report
(Exhibit F), find a lack of hydrophytic vegetation, hydric soils and hydrology to qualify as a
regulated wetland as defined in FWCC 22-1. The city's wetland consultant, ESA Adolfson,
conducted a site visit to verify the findings and agreed (Exhibit G) that the site lacked the three
wetland characteristics above and therefore 30-21-04-143 does not constitute a regulated
wetland.
The ground surface is flat to gently sloping with localized steep areas in the southwest and east.
Slopes range from 5 to 20 percent and localized slopes of 40 to 45 percent. The Applicant 's
geotechnical analysis within Appendix D of the Technical Information Report (Exhibit F)
concludes the subject property does not contain Geologically Hazardous Areas as defined in
FWCC 22-1.
As shown on the landscape and tree retention plan (Exhibit B) and satellite views (Exhibit C),
the site is vegetated with a mixture of conifer and broadleaf trees that includes 733 significant
trees. A dense understory of vine maple, blackberry, holly, and salal were observed during
geologic and wetland reconnaissance. The preliminary landscape and tree replacement plan
(Exhibit B) identifies 733 significant trees, as defined by FWCC 22-1568(4), on the subject
property. FWCC 22-1568(c) requires retention to the ma�cimum extent possible with a minimum
25 percent retention or replacement standard. As detailed on the plan, significant trees are
located within planned roadways, stormwater facilities, and building pads. The possibility of
significant tree retention is also reduced as the Applicant has chosen to provide a fee in lieu of
open space as an alternative to providing it onsite. Therefore, staff has determined replacement is
an appropriate method for compliance with the significant tree regulations.
The preliminary tree replacement plan details replacement numbers exceeding the 25 percent
minimum requirement. Staff recommends, as a condition of approval, a final landscape plan
meeting requirements of 22-1568 to be approved by the city as a component of engineering
review. This recommendation is based on the following: (1) the submitted plan incorrectly
calculates replacement utilizing the City's recently adopted tree unit retention/replacement
schedule and not the vested significant tree standards; and (2) tree placement and numbers may
need to be modified during final engineering review due to infrastructure needs. As noted at the
hearing, the Applicant's consultant used current tree retention requirements in the preparation of
the landscaping plan as opposed to the regulations to which the proposal vested. The staff
recommended conditions of approval require compliance with the vested plan as required by law.
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Preliminary Plat Recommendation p. 3 Findings, Conclusions and Recommendation
4. Characteristics of the Area. The area is generally developed with single family housing,
senior housing and a school.
5. Adverse Im acts. No significant adverse impacts are associated with the proposal. The
project has undergone SEPA review and was issued a DNS. Staff received no comments or
appeals. The staff in their analysis of the project identified no significant adverse impacts and
none were discernable from the record. There are no critical areas on site and the removal of
trees will be off-set by the formulation and implementation of a tree retention plan. No concerns
were raised by any neighbors or other City residents.
6. Adequa.cv of Infrastructure and Public Services. As mitigated by staff, adequate
infrastructure will serve development as follows:
• Draina�e: Downstream reconnaissance conducted by ESM consulting engineers
found no drainage issues that would require mitigation greater than the detention and
water quality requirements prescribed in the project's vested 1998 King County
Surface Water Design Manual. Drainage is adequately addressed by applicable
regulations.
Transportation: The project will generate 61 vehicle trips. The staff report does not
specify whether these or peak hour trips, daily trips etc., but the roadway design and
mitigation required by applicable codes fully mitigates the traffic generated by the
project. Traffic is adequately addressed � by the project design and applicable
reguiations.
Part of the road improvements include off-site work on an adjoining private parcel.
During the hearing the Applicant assured the Examiner that agreement has been
reached with the adjoining parcel owner that the property will be available for the
required road improvements. Staff is comfortable with that arrangement.
Two vehicular access points to the site will be provided via the extension of 2 nd
Avenue SW from SW 356� Street and SW 358 Street from i Avenue South. Off-
site improvements on SW 358�` Street will be required as the subdivision exceeds 25
lots and a minimum of two access points are necessary. Stubs for future connections
to the west and south of the subdivision will also be provided.
As required by FWCC 20-180, all rights-of-way must be dedicated to the city and
constructed per adopted street standards. As shown on the preliminary grading and
utilities plan, internal streets are designed in accordance with Federal Way
Comprehensive Plan roadway cross sections `S' and `W.' Road A, until it intersects
with Road B, will be constructed as an `S' section with 36 feet of pavement, 4-foot
planter strip, S-foot sidewalk, and 3-foot utility strip all within a 60-foot right-of-way.
Road B will also be constructed as an `S' section until it intersects with the abutting
parcels (off-site) onto l Avenue South where the road will become a half-street
section. The remainder of Road A and Roads C, D, and E will be constructed as`W'
sections with 28 feet of pavement, 4-foot planter strips, 5-foot sidewalks, 3-foot
utility strip all within 52 feet of right-of-way. The Applicant will dedicate 11 feet of
{PA0768757.DOC;I\1304L900000\ }
Preliminary Plat Recommendation p. 4 Findings, Conclusions and Recommendation
frontage along SW 356 Street for future right-of-way improvements that have been
identified in the Federal Way Comprehensive Plan.
To comply with the city's traffic concurrency regulations, the City Traffic Engineer
conducted a concurrency test to determine if the new trips generated by the
subdivision would result in failures to the city's level of service. The test concluded
that no failures were anticipated and a Certificate of Reserve Capacity was issued
(Exhibit.�.
The Applicant is subject to the city's transportation impact fee that will be calculated
for each lot and payment due at plat recording. At the Applicant's discretion, the
impact fee payment may be defened to the closing of sale of each individual house
per standards set forth in Federal Way Revised Code 19-100-070(3).
• Open Snace: As required by applicable regulations, the project provides adequate
open space.
To comply with the open space requirements, the Applicant has proposed, and the
Parks Director has approved (Exhibit � 0.98 percent provided onsite open space and a
14.02 percent fee-in-lieu of onsite open space that will be assessed and due at final
plat approvaL The 2,845 square-foot Type III landscape Tract D be credited with 0.44
percent of buffer onsite open space and the 3,403 permanent landscaping in Tract A
will be credited with 0.54 percent of onsite open space. Staff recommends, as a
condition of approval, a plat note that requires Community and Economic
Development Department approval for any vegetation removal in the landscape
tracts.
• Water: The proposal adequately addresses water infrastructure/service. The
Applicant proposes to serve the subdivision with a public water supply and
distribution system managed by the Lakehaven Utility District. The June 7, 2006,
Letter of Water Availabiliry (Exhibit 1� indicates the district's capacity to serve the
proposed development with improvements to the water system. The certificate
indicates a Developer Extension Agreement and pressure reducing valves will be
required.
• Sewer: The proposal adequately addresses sewer infrastructure/service. The
Applicant proposes to serve the proposed plat by a public sewer system managed by
Lakehaven Utility District. A January 22, 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.
• Schools: The proposal adequately addresses the additional demand it places upon
schools.
Enterprise E(ementary, Itlahee Middle School, and Todd Beamer High School will serve the
proposed subdivision as indicated in the March 2008 school access analysis (Exhibit I�. A(1
elementary and high school students from this development would receive bus transportation
to and from school, as these schools are over one mile from the subject site. The schoo(
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Preliminary Plat Recommendation p. 5 Findings, Conclusions and Recommendation
district has suggested a bus stop located at SW 356`� Street and 4�` Avenue SW for Enterprise
Elementary as an alternative than what was proposed in the Applicant 's study. The result
will provide safer accessibility as it eliminates the need for crossing an arterial street.
Students attending Illahee Middle School are within walking distance.
School service areas are reviewed annually and may be adjusted to accommodate enroltment
growth and new development. Eederal Way Public Schools has indicated school impact fees,
as authorized by city ordinance, provide mitigation for the 44-45 students this development
could add to district facilities. School impact fees are detertnined on the basis of the District's
Cap�tal Facilities Plan and are subject to annual adjustment and update.
Fire Protection: The proposal adequately provides for fire protection. The
subdivision will be served by the South King Fire District. Six fire hydrants are
shown on the grading and utility plan. The district has indicated that lots 2, 3, 7, and 9
will require automatic fire sprinklers if pavement widths of the driveways are less
than 20 feet.
CONCLUSIONS OF LAW
Procedural:
l. Authoritv of Hearing Examiner: FWCC 20-110 (4) and (5) provide the Examiner with
the autharity to conduct a hearing and make a recommendation to the City Council on
preliminary plat applications.
Substantive:
2. Zoning Desi nation: Single-Family — High Density, RS 72
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 Ciry 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, RS 7.2. The proposed land use
of a single-family housing development is permitted within the RS 72 zone and is consistent
with density allowances and policies applicable to this land use as established in the FWCP.
Concurrency and proposed vehicle/pedestrian improvements meet standards and needs within the Plan's
transportation and capital facilities elements. Existing utilities or proposed improvements with the plat
construction will provide adequate accommodations for new dwellings.
;PA0768757.DOC;I\1304L900000\ }
Preliminary Plat Recommendation p. 6 Findings, Conclusions and Recommendation
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. Staff has reviewed he preliminary plat application and determined it to be consistent with
the following provisions of Federal Way City Code: Chapter 18, "Environtnental Protection";
Chapter 19 "Planning and Development"; Chapter 20, "Subdivisions"; Chapter 21, "Surface and
Stormwater Management"; Chapter 22, "Zoning"; and all other applicable codes, regulations and
comprehensive plan policies. As proposed, and with conditions as recommended by staff, the
preliminary plat will comply with all provisions of the title.
FWCC 20-126(c)(3): It is consistent with public health, safery, and welfare.
6. The proposed preliminary plat would permit development of the site consistent with the
current Single-Family High Density land use classification of the FWCP and map. Lakehaven
Utility District has indicated the capacity (with developer extension) to provide sewer and water
facilities. South King Fire and Rescue will require new fire hydrants. Roads and sidewalks will
be provided per standards adopted by the Public Works Department. Stormwater flow control
and water quality will be mitigated using methods within the 1998 King County Surface Water
Design Manual and City of Federal Way Addendum. Future development of homes within the
plat shall comply with applicable codes and regulations that will ensure protection of the public
health, safety, and welfare.
As recommended with conditions, the project is consistent with public health, safety, and
welfare.
FWCC 20-126(c)(4): It is consistent with the design criteria listed in FWCC 20-2:
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, and provision for the
housing needs of the community, the latter of which is furthered by the provision for affordable
housing.
FWCC 20-125(c)(5): It is consistent with the development standards listed in FWCC 20-1 SI
through 20-157, and 20-178 through 20-187.
8. 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. Staff have conducted a thorough
analysis of compliance with all applicable standards, have found compliance, and nothing in the
record suggests otherwise. As proposed, and as recommended by the Hearing Examiner, the
preliminary plat application complies with all applicable development standards.
RECOMMENDATION
The Examiner recommends that the City Council approve the preliminary plat as described in the
staff report of Matt Herrera, dated February 9, 2011, subject to the fotlowing conditions:
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Preliminary Ptat Recommendation p. 7 Findings, Conclusions and Recommendation
1. The Applicant shall submit a final landscaping and tree replacement plan, as a
component of engineering review, meeting the requirements of Federal Way City Code
(FVUCC) 22-1568; _
2. Covenants associated with lots set aside for affordable housing shall be recorded
concurrently with the final plat; and
3. The Applicant shall include a plat note requiring approval from the Community and
Economic Development Department for any proposed vegetation removal in the
landscape tracts.
Dated this 2nd day of March, 2011.
��
P '101brechts
Hearing Examiner
City of Federal Way
{PA07687S7.DOC;IU3041.900000\ }
Preliminary Plat Recommendation p. 8 Findings, Conclusions and Recommendation
`
CITY OF �
Federal Way
COMIVIUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
STAFF REPORT TO THE
FEDERAL WAY HEARING EXAMINER
Retreat Meadows Preliminary Plat
Federal Way File No. 08-101729-00-SU
PUBLIC HEARING
Wednesday, February 16, 2011, 2:OOpm
City Council Chambers
Federal Way City Hall — 33325 8th Avenue South, Federal Way, WA 98003
Staff Contact: Matthew Herrera, Associate Planner
Phone — 253.835.2638 / Email — matt.herrera(cr�,cit�offederalwa .y com
Report Date: February 9, 2011
I.
II
PROJECT INFORMATION
Recommendation: Staff recommends approval of the preliminary plat application with the
following conditions: (1) The applicant shall submit a final landscaping
and tree replacement plan, as a component of engineering review,
meeting the requirements of Federal Way City Code (FWCC) 22-1568;
(2) covenants associated with lots set aside for affordable housing shall
be recorded concurrently with the plat document; and (3) the applicant
shall include a plat note requiring approval from the Community and
Economic Development Department for any proposed vegetation
removal in the landscape tracts.
Owner/Applicant:
Agent:
David Litowitz, Landmark Homes, Inc., 2715 64 Avenue NE, Tacoma,
WA 98422
Eric LaBrie, ESM Consulting Engineers, 181 South 333` Street, Bldg. C,
Suite 210, Federal Way, WA 98003
Action Requested: The applicant is requesting approval of a 59-lot subdivision to four
existing single-family residential lots (E�ibit A) pursuant to preliminary
plat requirements set forth in Federal Way City Code (FWCC) Chapter
20, Article II, Division 9.
Location: 157 SW 356�' Street (302104-9020), 203 SW 356"' Street (302104-9082),
215 SW 356�' Street (302104-9058), and 225 SW 356�' Street (302104-
9021)
Zoning/Density:
Comprehensive
Plan Designation:
RS 7.2— One dwelling unit per 7,200 square feet
Single-Family High Density Residential
EXHIBIT LIST
E�ibit A— Master Land Use application and title report
EaLhibit B— Site Plans consisting of cover sheet, preliminary plat, gading & utilities, landscaping,
and survey
E�ibit C— Vicinity maps (aerial and zoning)
EaLhibit D— Public Notice documentation (application and hearing)
Earhibit E— State Environmental Policy Act compliance documentation
Earhibit F— Technical Information Report (stormwater, geotechnical, and wetland
reconnaissance)
E�ibit G— City consultant wetland response
EXhibit H— School Access Analysis
E�ibit I— Open space fee-in-lieu acceptance documentation
Exhibit J— Transportation Concurrency documents
E�ibit K— Water and Sewer Availability Certificates
1 The preliminary plat is vested to Federa! Way Ciry Code as the Master Land Use application was deemed complete and vested
prior to the city's adoption of Federa! Way Revised Code.
III PRELIMINARY PLAT PROCEDURAL INFORMATION
Recommendation, decision, judicial review, and approval duration requirements are set forth in
their entirety in FWCC 20-126 et al.
After considering all of the information and comments submitted on the matter, the Hearing
Examiner shall issue a written recommendation to the city council no later than 10 working days
following conclusion of all testimony and hearings. The recommendation shall include necessary
conditions, restrictions, and content requirements listed in FWCC 20-12(e). The Department of
Community and Economic Development is responsible for distributing copies of the decision to
interested parties and each member of City CounciL
City Council will make the city's final decision on the preliminary plat following consideration of
the public hearing record, verbal comments (excluding new information) at the public meeting,
and Hearing Examiner written recommendation. The City Council may require or approve a
minor modification to the preliminary plat subject to the limitations of FWCC 20-127(d).
Judicial review of the city in granting or denying the preliminary plat may be reviewed pursuant
to the Land Use Petition Act set forth in RCW 36.70C in the King County superior court. The
land use petition must be filed within 21 calendar days of issuance of the city's final decision on
the preliminary plat application. Standing to bring the action is limited to the following parties:
(1) The applicant or owner of the property on which the subdivision is proposed;
(2) Any property owner within 300 feet of the proposal;
(3) Any property owner who deems himself aggrieved thereby and who will suffer direct
and substantial impacts from the proposed subdivision.
Preliminary plat approval shall expire seven years from the date of city council approval, unless
the applicant is granted an extension as provided in Federal Way Revised Code 18.05.090.
IV. DESCRIPTION OF PROPOSED SUBDIVISION
The applicant proposes to subdivide four abutting single-family residential lots, approximately
14.6 acres, into 59 single-family residential lots. A new internal public road system will provide
access to SW 356�' Street and ls` Avenue South. Three stormwater facilities will be provided in
three separate tracts to provide flow control and water quality for the new impervious surfaces.
One 2,845 square-foot landscape tract will be provided along SW 356` Street to provide a buffer
between the subdivision and SW 356 Street which is designated a principal arterial in the
comprehensive plan. One 3,926 square-foot tract will be reserved for future access to the adjacent
property and is proposed to be landscaped until it is utilized as access. The applicant proposes to
complete the subdivision in two phases as shown on the preliminary plat map. The proposed
preliminary plat map, preliminary grading and utility plan, preliminary landscape and tree
replacement plan, and survey of existing conditions are enclosed as F�hibit B.
As shown on the preliminary plat map, all lots in the subdivision meet or exceed the underlying
code-required minimum lot size of 7,200 square feet with the exception of six lots reserved as
affordable housing, which may be reduced in size by up to 20 percent. Proposed lots range in size
from 5,794 to 9,025 square feet with an average lot size of 7,452 square feet.
z
Per state legislative changes to 58.17.140 RCW.
3 Both phases will be completed within the seven yeaz duration of approval. Phase lines may be modified within the seven year
time period.
Staff Report to the Federal Way Hearing Examiner Page 2
Retreat Meadows Preliminary Plat F1Ie NO.OH-1O172I�Doc. I.D. 56537
V. FINDINGS OF FACT
1. Property description — The four single-family parcels: 302104-9021; 302104-9082; 302104-
9058; and 302104-9020 are located in the southern portion of the ciTy in a portion of the NW
corner of Section 30, Township 21, Range 4. The site is currently accessed from SW 356`�
Street. The subject property has a land area of 635,976 square feet or 14.6 acres.
2. Adjacent properties - The comprehensive plan designation, zoning designation, and existing
land uses of the subject property and adjacent properties are outlined in the table below. Maps
generated by the city's Geographic Information Systems (GIS) database and King County
IMAP detailing the vicinity are attached as Exhibit C.
Consulted departments and agencies - Community Development Review Committee
(CDRC), consisting of the Federal Way Community and Economic Development Services
Planning and Building Divisions; Public Works Engineering and Traffic Divisions; Parks
Recreation and Cultural Resources Department; South King Fire and Rescue; Lakehaven
Utility District; and Federal Way Public Schools. CDRC comments have been incorporated
into this report where applicable.
4. Public notice and comment - Property owners within 300 feet of the site were mailed
notices of the preliminary plat application and public hearing. In addition, the notices of
application and public hearing were posted on the subject property, published in the Federal
Way Mirror, placed on the city's official notice boards, and mailed to agencies. No comments
regarding the application were received. Notice of application and public hearing documents
are attached in their entirety as Exhibit D.
5. State Environmental Policy Act - The city's Responsible Official issued a Determination of
Nonsignificance (DNS) for the proposed action on May 13, 2009. This determination was
based on review of information in the project file, including the staff evaluation of the
environmental checklist. The Responsible Official concluded the proposal would not result in
probable significant adverse impacts as the vested codes and regulations provide adequate
mitigation of the residential subdivision.
Property owners within 300 feet of the site and agencies with jurisdiction were mailed notices
of the environmental threshold determination. In addition, the notice of DNS was posted on
the subject property, published in the Federal Way Mirror, and placed on the city's official
notice boards. No comments regarding the determination were received.
Staff Report to the Federal Way Hearing Examiner Page 3
Retreat Meadows Preliminary Plat File No. 08-1 0 1 729/n�. i.n. s6ss�
An addendum to the DNS was issued January 14, 2011, to provide additional information on
the project's change of scope. It was determined the modified scope did not change the
analysis of impacts in the existing DNS document. Documents issued under SEPA and the
associated declarations are attached in their entirety as Exhibit E.
6. Existing site conditions — Each of the four parcels proposed for subdivision contain single-
family residential dwellings located on lots ranging in size from 34,470 square feet (.79 acres)
to 217,114 square feet (4.98 acres). Parce1302104-9021 contains two single-family dwelling
units resulting in a total of five single-family homes on four parcels. With the exception of
parce1302104-9058, which was developed in 1993, the remaining properties were developed
prior to 1969. Access to each of the parcels is via SW 356`�' Street with a roadway easement
granted to land locked parcel 302104-9020.
Soils
The 1973 King County soils survey map lists the soils type as Alderwood Gravelly Sandy
Loam (AgC), 6-15 percent slopes; Everett Gravelly Sandy Loam (EvB), 0-5 percent slopes; and
EverettlAlderwood Gravelly Sandy Loam 0-6 percent slopes. These soils are listed as being
well drained with a moderate potential for erosion when exposed.
Topography
As shown on the survey of existing conditions (Exhibit B), the site is situated on a local
topographic ridge with the northeast portion of the site extending down the east margin of the
ridge. The ground surface is flat to gently sloping with localized steep areas in the southwest
and east. Slopes range from 5 to 20 percent and localized slopes of 40 to 45 percent. The
applicant's geotechnical analysis within Appendix D of the Technical Information Report
(Exhibit F) concludes the subject property does not contain Geologically Hazardous Areas as
defined in FWCC 22-1.
Yegetation
As shown on the landscape and tree retention plan (Exhibit B) and satellite views (Exhibit G'�,
the site is vegetated with a mixture of conifer and broadleaf trees that includes 733 significant
trees. A dense understory of vine maple, blackberry, holly, and salal were observed during
geologic and wetland reconnaissance.
Drainage
The subject property is within the Hylebos Creek drainage basin and the preliminary
technical information report (Exhibit F� identifies four separate sub-basins labeled A through
D on the subject property. Basins A and D drain east to 1 Avenue South and continue to the
western edge of the Hylebos Creek Wetland system. Basin B drains southwesterly to a closed
depression on two abutting parcels. Basin C drains south onto the Illahee Middle School
property and into the existing conveyance system where it continues south where it
eventually flows to the Hylebos Wetland system. Downstream reconnaissance conducted by
ESM consulting engineers found no drainage issues that would require mitigation greater
than the detention and water quality requirements prescribed in the project's vested 1998
King County Surface Water Design Manual (KCSWDM).
7. Critical areas — The city's critical areas map details a potential Category III wetland (30-21-
04-143) located on the abutting eastern parcel and within 200 feet of subject property. Two
wetland reports, submitted by the applicant contained in Appendix C of the Technical
Information Report (Exhibit F�, find a lack of hydrophytic vegetation, hydric soils and
Staff Report to the Federal Way Heazing Examiner Page
Retreat Meadows Preliminary Plat File No. 08-101729/n«. �.n. sess�
hydrology to qualify as a regulated wetland as defined in FWCC 22-1. The city's wetland
consultant, ESA Adolfson, conducted a site visit to verify the findings and agreed (Exhibit G)
that the site lacked the three wetland characteristics above and therefore 30-21-04-143 does
not constitute a regulated wetland.
8. Schools — Enterprise Elementary, Illahee Middle School, and Todd Beamer High School will
serve the proposed subdivision as indicated in the March 2008 school access analysis (Exhibit
I�. All elementary and high school students from this development would receive bus
transportation to and from school, as these schools are over one mile from the subject site.
The school district has suggested a bus stop located at SW 356`� Street and 4`�' Avenue SW for
Enterprise Elementary as an alternative than what was proposed in the applicant's study. The
result will provide safer accessibility as it eliminates the need for crossing an arterial street.
Students attending Illahee Middle School are within walking distance.
School service areas are reviewed annually and may be adjusted to accommodate enrollment
growth and new development. Federal Way Public Schools has indicated school impact fees,
as authorized by city ordinance, provide mitigation for the 44-45 students this development
could add to district facilities. School impact fees are determined on the basis of the District's
Capital Facilities Plan and are subject to annual adjustment and update.
9. Lot layout and building setbacks —The proposed 591ots range in size from approximately
5,794 square feet to 9,027 square feet. Generally, the proposed lots are rectangular-shaped;
lots 4, 8, 58, and 59 are pie-shaped. Access to Lots 2, 3, 7, and 9 is via the stem portion of the
flag lot design. Pursuant to FWCC 22-631, a lot must contain a front yard structural setback
of 20 feet, a side and rear yard structural setback of five feet. Side yard setbacks for corner
lots are increased to 10 feet for those yards adjacent to rights-of-way that are not considered
the property's primary vehicular access. All building setback lines (BSBL) are accurately
depicted on the preliminary plat map, and each lot contains an adequate lot area as required
by the RS 72 zoning district and affordable housing regulations noted below.
10. Affordable housing — The applicant has provided six lots (33, 34, 37, 38, 47, and 48)
reserved as affordable housing. As an incentive for applicants to provide such housing,
FWCC 22-976(d) allows lots containing affordable housing a reduction of up to 20 percent in
minimum required lot size or 5,760 square feet in RS 7.2 zones. The six affordable housing
lots range in size from 5,794 square feet to 5,998 square feet and are interspersed throughout
the plat in three groups of two. The applicant will be required to revise the layout to
accommodate lot sizes meeting the underlying zoning requirement if the affordable housing
option is not utilized.
Pursuant to FWCC 22-976( fl, the applicant will be required to record six covenants (one
covenant for each newly created lot) to enforce the affordable housing regulations of the code
section for the life of the project. Staff recommends, as a condition of approval, the six
covenants be recorded concurrently with plat document.
1 l. Open space —To provide adequate recreational opportunities commensurate with new
residential development, FWCC 20-155(b) requires all residential subdivisions to provide
open space in the amount of 15 percent of the gross land area of the subdivision site. At the
discretion of the city's Parks Director, a fee-in-lieu of onsite open space may be paid to the
city in the amount of 15 percent of the most recent value of the property. Total open space
Staff Report to the Federal Way Hearing Examiner Page 5
Retreat Meadows Pre(iminary Plat File No. 08-101729/n«. i.n. sess�
required for the subject plat is 95,396 square feet (2.18 acres, or 15 percent of the 635,976
square-foot subject property).
To comply with the open space requirements, the applicant has proposed, and the Parks
Director has approved (Exhibit � 0.98 percent provided onsite open space and a 14.02
percent fee-in-lieu of onsite open space that will be assessed and due at final plat approval.
The 2,845 square-foot Type III landscape Tract D be credited with 0.44 percent of buffer
onsite open space and the 3,403 permanent landscaping in Tract A will be credited with 0.54
percent of onsite open space. Staff recommends, as a condition of approval, a plat note that
requires Community and Economic Development Deparhnent approval for any vegetation
removal in the landscape tracts.
As the subdivision is vested prior to July 2, 2015, the applicant is eligible, pursuant to
Federal Way Revised Code 19.100.070(b), to defer the open space fee-in-lieu payment at the
closing of sale of each individual house or five years from deferment of the fee, whichever is
earlier.
12. Transportation — In order to service the 61 new vehicle trips generated by the residential
subdivision,.road improvements and mitigation will be required. The following summarizes
the internal road improvements, off-site improvements, concurrency results, and
transportation impact fee obligation.
Two vehicular access points to the site will be provided via the extension of 2 Avenue SW
from SW 356 Street and SW 358`�' Street from i Avenue South. Off-site improvements on
SW 358�' Street will be required as the subdivision exceeds 25 lots and a minimum of two
access points are necessary. Stubs for future connections to the west and south of the
subdivision will also be provided.
As required by FWCC 20-180, all rights-of-way must be dedicated to the city and constructed
per adopted street standards. As shown on the preliminary grading and utilities plan, internal
streets are designed in accordance with Federal Way Comprehensive Plan roadway cross
sections `S' and `W.' Road A, until it intersects with Road B, will be constructed as an `S'
section with 36 feet of pavement, 4-foot planter strip, 5-foot sidewalk, and 3-foot utility strip
all within a 60-foot right-of-way. Road B will also be constructed as an`S' section until it
intersects with the abutting parcels (off-site) onto 1 S ` Avenue South where the road will
become a half-street section. The remainder of Road A and Roads C, D, and E will be
constructed as `W' sections with 28 feet of pavement, 4-foot planter strips, 5-foot sidewalks,
3-foot utility strip all within 52 feet of right-of-way. The applicant will dedicate 11 feet of
frontage along SW 356"' Street for future right-of-way improvements that have been
identified in the Federal Way Comprehensive PZan.
To comply with the city's traffic concurrency regulations, the City Traffic Engineer
conducted a concunency test to determine if the new trips generated by the subdivision
would result in failures to the city's level of service. The test concluded that no failures were
anticipated and a Certificate of Reserve Capacity was issued (Exhibit.�.
The applicant is subject to the city's transportation impact fee that will be calculated for each
lot and payment due at plat recording. At the applicant's discretion, the impact fee payment
may be deferred to until the closing of sale of each individual house per standards set forth in
Federal WayRevisedCode 19-100-070(3).
Staff Report to the Federal Way Hearing Examiner Page 6
Retreat Meadows Preliminary Plat File No. 08-IOU29/n«. i.v. sssa�
13. Clearing and grading — The applicant has estimated 89,600 cubic yards of cut and 31,500
cubic yards of fill are needed to construct stormwater facilities, roads, and lots of the
subdivision. T'he applicant will likely utilize a mass clearing and grading technique to prepare
the site for infrastructure improvements and building pads. Erosion control regulations
codified within FWCC 22-948 and prescribed in the 1998 KCSWDM will mitigate the
movement of sedimentation on and from the subject property.
14. Significant tree replacement — The preliminary landscape and tree replacement plan
(Exhibit B) identifies 733 significant trees, as defined by FWCC 22-1568(4), on the subject
property. FWCC 22-1568(c) requires retention to the maximum extent possible with a
minimum 25 percent retention or replacement standard. As detailed on the plan, significant
trees are located within planned roadways, stormwater facilities, and building pads. The
possibility of significant tree retention is also reduced as the applicant has chosen to provide a
fee in lieu of open space as an alternative to providing it onsite. Therefore, staff has
determined replacement is an appropriate method for compliance with the significant tree
regulations.
The preliminary tree replacement plan details replacement numbers exceeding the 25 percent
minimum requirement. Staff recommends, as a condition of approval, a final landscape plan
meeting requirements of 22-1568 to be approved by the city as a component of engineering
review. This recommendation is based on the following: (1) the submitted plan calculates
replacement utilizing the city's recently adopted tree unit retention/replacement schedule and
not the vested significant tree standards; and (2) tree placement and numbers may need to be
modified during final engineering review due to infrastructure needs.
15. Drainage facilities - Development of the site will create additional runoff from new
impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities are
being designed in accordance with the 1998 KCSWDM and the city's amendments to the
manual. The applicant's preliminary Technical Information Report (Exhibit F�, provides
analysis of needed stormwater facilities for the subject property's Level 1 Flow Control and
Basic Water Quality Area designations.
Stormwater runoff from Basin A and C will be conveyed to their own combination water
quality and detention ponds. Runoff from Basin D will be conveyed to a detention pond and
wet biofiltration swale. Stormwater from Basins A, C, and D will contain runoff from
pollution generating surfaces and require treatment for water quality prior to being released
downstream. Runoff from Basin B will utilize individual lot infiltration facilities located on
lots 18-23 designed for a 100-year event and thereby eliminating the need for an outfall.
Final approval of the storm drainage facilities as shown on the grading and utility plan
(Exhibit B) and detailed in the TIR will occur following Public Works Deparlment
engineering 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 1998 KCSWDM and city amendments, the Comprehensive
Surface Water Management Plan, and the Stormwater System Operation and Maintenance
Manual. The approved storm drainage facilities must be constructed per city code
requirements, prior to final plat approval and recording of the subdivision.
16. Sewage disposal — The applicant proposes to serve the proposed plat by a public sewer
system managed by Lakehaven Utility District. A June 7, 2006, Certificate of Sewer
Staff Report to the Federal Way Hearing Examiner Page 7
Retreat Meadows Preliminary Plat File No. 08-101729/Do�. �.n. ssss�
Availability (Exhibit I� indicates sewer service will require an improvement to the sewer
system. The certificate indicates a Developer Extension Agreement and a portion of the
project may need to include private pump staxions.
17. Water supply — The applicant proposes to serve the subdivision with a public water supply
and distribution system managed by the Lakehaven Utility District. The June 7, 2006, Letter
of Water Availability (Exhibit 1'� indicates the district's capacity to serve the proposed
development with improvements to the water system. The certificate indicates a Developer
Extension Agreement and pressure reducing valves will be required.
18. Fire protection — The subdivision will be served by the South King Fire District. Six fire
hydrants are shown on the grading and utility plan. The district has indicated that lots 2, 3, 7,
and 9 will require automatic fire sprinklers if pavement widths of the driveways are less than
20 feet.
VI. CONCLUSIONS
The following conclusions are drawn from the previous findings of fact. The applicant is subject
to compliance criteria set forth in FWCC 20-120(b) which includes purpose, decisional criteria,
design criteria, developmental standards, and applicable regulations of Chapter 58.17 RCW Plats-
Subdivisions-Dedications. Staff responses to decisional criteria are itadicized.
Decisional Criteria
1. It is consistent with the comprehensive plan;
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,
Single Family Residential, with 7,200 square foot minimum lot size (RS=7.2), is consistent
with density allowances and policies applicable to this land use. Concurrency and
proposed vehicle/pedestrian improvements meet standards and needs within the plan's
transportation and capital facilities elements. Existing utilities or proposed improvements
with the plat construction will provide adequate accommodations for new dwellings.
2. It is consistent with all applicable provisions of the title, including those adopted by
reference from the comprehensive plan;
The preliminary plat application has been reviewed and determined to be consistent with
the following provisions of Federal Way City Code: Chapter 18, "Environmental
Protection "; Chapter 19 "Planning and Development "; Chapter 20, "Subdivisions ";
Chapter 21, "Surface and Stormwater Management "; Chapter 22, "Zoning "; and all
other applicable codes, regulations and comprehensive plan policies. As proposed, and
with conditions as recommended by staff, the preliminary plat will comply with all
provisions of the title.
3. It is consistent with public health, safety, and welfare;
The proposed preliminary plat would permit development of the site consistent with the
current Single-Family High Density land use classification of the FWCP and map.
Lakehaven Utility District has indicated the capacity (with developer extension) to
Staff Report to the Federal Way Hearing Examiner Page 8
Retreat Meadows Preliminary Plat File No. 08-101729/n«. �.n. sess�
provide sewer and water facilities. South King Fire and Rescue will require new fire
hydrants. Roads and sidewalks will be provided per standards adopted by the Public
Works Department. Stormwater flow control and water quality will be mitigated using
methods within the 1998 King County Surface Water Design Manual and City of Federal
Way Addendum. Future development of homes within the plat shall comply with
applicable codes and regulations that will ensure protection of the public health, safety,
and welfare.
4. It is consistent with criteria listed in FWCC 20-2; and
Following review of the applicant's application and further detailed in additional
conclusions, staff finds the proposed preliminary plat is consistent with the ten
subdivision purpose statements set forth in FWCC 20-2.
5. It is consistent with the development standards listed in FWCC 20-151 through 20-158;
20-178 fhrough 20-187; and Chapter 58.17 RCW Plats-Subdivision-Dedications
Analysis of subdivision design standards in the above frndings has demonstrated the
preliminary plat is consistent with subdivision design and development standards as it
includes, but is not limited to density, open space, pedestrian access, buffers, vegetation
replacement, streets and rights-of-way, storm drainage, utilities and fire protection, and
applicable state law as codified in Chapter 58.17 RCW.
TRANSMITTED TO THE FOLLOWING PARTIES:
Hearing Examiner — Phil Olbrechts, Olbrechts & Associates, 18833 NE 74` Street, Granite Falls, WA 98252
Project Applicant —David Litowitz, Landmazk Homes, Inc., 2715 64`� Avenue NE, Tacoma, WA 98422
Applicant Agent —Eric LaBrie, ESM Consultants, 181 South 333` Street, Bldg. C, Suite 210, Federal Way, WA 98003
Federal Way Staff — Matthew Henera, Associate Planner / Kevin Peterson, Engineering Plans Reviewer / Sarady Long, Senior
Transportation Planning Engineer / Isaac Conlen, Planning Manager / Peter Beckwith, Assistant City Attorney
Staff Report to the Federal Way Hearing Examiner Page 9
Retreat Meadows Preliminary Plat F1�C NO. Og-IOI�IZIIDoc. I.D. 56537