The URL can be used to link to this page

LUTC PKT 11-04-2002November 4, 2002 5:30 pm City of Federal Way City Council Land Use/Transportation Committee City Hall Council Chambers MEET'rNG AGENDA 2. 3. 4. CALL TO ORDER Approval of Minutes of the October 21, 2002, Meeting PUBLIC COMMENT (3 minutes) BUSINESS ITEMS A. Devonshire Pre-Plat B. Revised Agreement for the Continuation of SCATBd Action Harris Action Roe FUTURE MEETING and AGENDA ITEMS ADJOURN Committee Members Eric Fa/son, Chair Dean McCo/gan Michae/ Park K:\LUTC Agendas and Summaries 2002\November 4, 2002, LUTC Agenda doc C/b/ Staff Kathy McClung, D/rector, Community Development Services Sandy L y/e, Administrative Assistant 253.661.4116 October :21, 2002. 5:30 pm City Of.Federal WaY ' ' City Council ' Land Use/Transportation Committee ~.:.. -. :,.i;.. ..'- .: .CityHall. ' Council Chambers' - MEETING SUMMARY In attendance: Committee members Eric Faison, Chair, and Council members Dean McColgan and Mike Park; Council-member Linda Kochmar; Director of Community Development Services Kathy McClung; Director of Public Works Cary Roe; Deputy Director of Community Development Services (Economic Development) Patrick Doherty; Assistant City Attorney Karen Kirkpatrick; Administrative Assistant Sandy Lyle. 1. CALL TO ORDER Chair Faison called the meeting to order at 5:30 pm. 2. APPROVAL OF MINUTES The minutes of the October 7, 2002, meeting were approved as presented. 3. PUBLIC COMMENT There was no public comment on any item not included in the agenda. 4. BUSINESS ITEMS A. Determine Boundaries for Planned Action SEPA- A SEPA Planned Action is a planning and environmental disclosure action that allows municipalities to plan for desired growth or redevelopment in a designated area over a determined period of time, conduct an Environmental Impact Statement (ELS) for that growth, and subsequently expedite land use permits for compliant development projects. Staff had proposed an area approximately equal to the City Center Core zone for the planned action SEPA. The Connmittee recommended and by their vote approved a recommendation to include all the area contained within the boundaries of South 312th Street to the north, 23rd Avenue South to the east, South 324th Street to the south arid Pacific Highway South to the west. The timeframe was set at ten years and may be reconsidered if little development activity takes place in that time. Realizing that the original $225,000 approved by Council has been drawn down by the recent City Center Market Study, the Committee directed staff to prepare a Request for Proposal (RFP) to learn what services the City might receive for the money that remains. B. Tax Deferment Ordinance - -1-he Committee recommended that the City Council set a public hearing for December 3, 2002, at its November 5, 2002, meeting to hear comment regarding a potential limited tax exemption for housing in the redevelopment area of the City Center Core and Frame zones. The immediate goal of the tax exemption proposal is to spur new residential and mixed-use development in the City Center in fulfillment of numerous Comprehensive Plan goals and OMA mandates. An important secondary consequence is a much needed increase in the assessed valuation of the City's commercial sector. 5. FUTURE MEETINGS The next meeting will be November 4, 2002. 6. ADJOURN The meeting adjourned at 6:40 p.m. K \LUTC Agendas and Summaries 2002\October 2', 20% LU I(} Minute% doc . ."' CITY OF FEDERAL WAY .. ~. .- .DEPARTMENT .OF COMMUNITY DEVELOPMENT SERVICES ... MEMORANDUM FROM: V IA: RE: l'5-ic t:aison, Chair l.and Usc and Transp(',,rtatton Corem ittee Jim l larris, Senior Pla~'rx'~' Preliminary Plat of Devonshire /\pplication No. 01-102793-00-SU I),XTI.:: ()ctobcr 29. 2002 I. ~1 \1-t-' %taft' recommends thc Land Usc and l'r:msportation Committcc tbrxvard to thc City Council a rccommci~dation approving thc l)cvonshirc prcliminar)plat x~ ith conditions, based on thc findings and conclusions in thc ()ctobcr / 6, 2002. Corx'cctcd Report and Rccommcndatitm by thc Federal Recommendation. Il. ,':ql iMNI:\RY ()F APPI ACATI()N /:cderul Il'ay ('ilv ('ode(F~V('C} Chapter 20. '%ubdivisions." sub cut to City Council [lppl'oxrLl[. Ill. lxl-.,xN )N }'()R ('()[JN£'I[ r\CI'ION Ptu'suant to FWCC Chapter 20, 'Subdivisions," thc City C,ouncil ~sst~cs a fimtl decision at a public meeting, after rex iow rffthc l leafing lLxamincr's recommendation. Consistcm with City procedures. preliminary plat applications arc brought to the Imnd Use and Transportation (:ommittcc tbr rcviex~ and recommendation prior to review by thc full Council. IV.. HEARING. EXAMINER'S RECOMMENDATION. ·. ', .... ,~ ?~ · <,~ ,.~.~:.! ,'~ . . On. October 16, 2002, the Federal Way Hearing.Examiher issued a Report and Recommendation (Exhibit A) to approve the proposed, preliminary plat, find the. Examiner issued a revised condition of'preliminary plat approval on October. 2 I, 2002 (Exhibit B), The. Hearing Examiner's recommendation includes all conditions recommended by staff, except one condition the applicant requested to moclit'y. The applicant's rcctucst to modify condition number six was supported by Citx stall'at the hearing. The I~xaminer's recommendation was issued following consideration cfa staff report (ILxhibit C) and testimony presented at thc September 10, 2002, public hearing, and is stl(jcct to the ~llowing conditions: Final plat approval shall require full compliance with drainage provisions set tbrth in thc FWCC. Col~tl)liancc mav result in reducing tile number and/or location of lots as shox~n on thc preliminary approved plat. Final storm drainage engineering plans shall comply with tile follox~ in~' iX. l)rainagc pla~s a~d at~alxsis shall c,oillply xx ith thc /99~5' Dc,.¥i,gH A.lr,~Ht~M (KCSWI)M) and amendments adopted by the City of l:ccteral Wax'. Citx of [:cclcral Way approval of the drainage and roadx~ay plans constructiot~. options of thc 19(18 MCi%WI)M, as amended bv the City of [:ederal Wax'. (7. l'hc slormx~atcr rtmol'l'co~trol (detentio~l) for Dcvo~shire mtlst meet and implcme~t (mc oI' thc l'ollowing aJterl~zitive5: 1) /XI/alx. zc tl~te doxx'l~sti~eam drainage system to the SW 356th Street regional stormxxatcr lS~cility to vcrit? adcquate capacity: and design and reconstruct portions off thc COl~Veyancc system ~ecess:i~'v to accommodate thc increase rtmoffl', in aclditio~, thc applicant will bo required to pay a pro-rata share site detention capacity to be determined by the City. The lSnal plat shall not be rccorctcd and construction of the ofl~ite ctrainaoc convex'anco system shall not begin tmtil thc City's proposed SW 356th Regional stormwater tS~cilitv o[)cratio~al: 2) co~strt~clcd il~ a~ccordai~cc with Chapter 5 of the 1998 KCSWI)N'1. Adcquz~tc capacity off thc dexter,:It-cam conveyat~cc system Ii'om [)cvonshirc Plat shall bc vcritScd and improved as necessary. Additional excavation of thc closed depression on (~ity-owncd property will be required to compensnte lbr thc increased rtmol'l' xolume t'roni Devonshire, with accompan)'ing calcul;~tions required. [~rclimm;~i-v I'l;~l (~* l)cvo~$t~irc lilt;/,'()l-1()27~l-()(}-5;1: ~), I~ " Final-review ofthe'stormwater quality: and det~ntiOn .will occUi' in conjunction with the ful! drainage review.. ' - . ~. 2. ,TEe applicant shall be r~qtiired to.construe{ all storm drainage improvements' necessary to. · . mitigate all iden.tified conveyance.pr, oblems, whether existing' or resulting from the plat's · development, as ide. ntified during engineering plan review,'as required by.the PUblic Works Director. Engineering aPproval shall not be. granted if it is determined that proposed mitigation is t~ot adequate to address the impacts off thc project. The t~nal plat draxxi~g sl~all establish Tract A i~ ~m opc~ st)acc tract to bc owned i~ and maintained by property owners of the proposed subdivision. Thc tSnal plat note shall include provisions prohibiting removal or disturbance of vegetation and landscaping withi~ thc regulated wctlancls and but'lEts in Tract A, except as necessary tk~r maintenance or o1' cxisti~& play,tings at~d as approved by' the City. Additional vegetation may bc located m thc open space tract to moot thc Mitigated Determination of Nonsignit~ca~cc (MDNS) condition approved by thc City. A note shall be i~cludcd on thc ISnal plat map that thc ope~ space tracts shall ~ot bc dcx'clopcd with :my buildi~gs, a~d may not bc t~sc(t l}>r tS~ancial Prior to issuance ol'co~structio~ 10crmits, a l]mil landscape pla~. prepi~rcd by a licc~scd la~¢tseapc arcl,Atcct, shall be submitted to the City for approval and shall i~clu<tte the clements: Open sp~ce lanctscztping in q'ract A: l?,. .5;freer trees in right-off-way landscape planter strips; C. 'l'rcc prcscrv:tlio~ p[~m: :md l). Vist~al screct~i~g of tl~c storm ch'air,age Tract C t'~'om act. jz~cc~t right-ol'-xxay with la~ctscaping ~ll~(t./or l'c~cing. Cycloi~e l'ci~cing, it' used. shall bc coated black or grecl~ shlill be screeched b> vegetation. 5. The proposed subdivision shall comply with the 1993 KDL~4 (_;ott~tt~, t{or~dStrt~dr~'rl.s' (K(_¢I~.$) as amended by thc City of I~'cdcral Way for this project, ii,eluding thc l'ollowin,& recluiremcnts: SW 360th Street shall bc improved aloi~g thc fl'o~tagc el'thc t)ro_icct as a~ Nlmor Collcctol, xx, z~x, to com}~il~c wilh t}~c existing q0 l~.ct ot'righl-olkw~>' 1}51' ~ lei;ti o1'60 l~'cl. N~M 3(,0th Street shall bo u~provcd with a minimum ol'20 tuct off pavcmc~t, vet-ileal curd and gttttcr. tbur-lbot planter strip, street trees, 5trcctlights, and six-l~)ot xx iclc siclcxxalk (cttrb, pi:rotor and sidewalk only o~ south side). Internal plat streets shall be improved as local streets, kxhich i~clude 52-l'oot xx idc right- ol'-~,ay and 28-t'oot pavement width. Vertical curb and gutter, lbt~r-l'oot plalttcr strips, am:t .five-foot wide side~valks shall be provided on both sides of the street. StreetlightS and '~ 'street trees shall also be pro~,ided. · "' " ' ' ' · . . Tiaets B Si~{iI' be i'mi~i'~Svi~d to the Private acces~ tract standard and Shall be limited'to .' serving a maXimum of four lots. The lots that abut these tracts for. accesg shall have undivided Owne[shiP bfthe tract and be responsible for its maintenar~c& The maintenance agreement for the Private access tracts shallbe included on the plat. and the language approved by the City. Improvements shall include a 38-foot tract width and 24-foot pavement width with vertical curb, guuer, and 15ye-foot xxidc sidcx~alks (m both sides of tile street. Tract length shall be limited to a maximum o1'150 l'cet from face el'curb t() end of'the tract. Streets shall have a minimum pavement section of three inches Class B asphalt sevcn inches o~'crushed surlhcing on all internal streets, and three inches Class lg asph:~lt over eight inches of crushed surl~cing on SW 360th Street to support thc traffic Due to tile topography el'the project, the applicant may coaduct mass clearing ami ?'adii~g of tile sub. icct silo. As required by tile Public Works Dircctor~ prior to final plat approval, tile applicant sh:xll install two speed humps (four total humps) and si?age constructed to City stand~,'cts on I 1 tl~ Avenue SW and 12th Avenue SW between SW 360th Street and 5\V 356th Street. As required by thc (/it),. in order to mitigate p(,tcntial sat'ct\' impacts, due to thc prt~xi~l it\' el' the proposed usable open space area (Tract A) near a curve in the road\\ax, street sign~lgc should bo implcnlcntcd regarding notit~cation el'the park area. A plan for street signagc sh~xll be approved by the City. and signage implemented prior to final plat July 16. 2001 August 13, 2001 Augtlst 22. 2001 May 8, 2002 September 10. 2002 [)ate et'application for 20-lot l)evonshire preliminary plat Date application determined complete t~ublic Notice of application issued lLnviromncntal ctctcrmim~tion issued t lcm'in~ Examiner Public l lcarin{, (l)ursuant to FWCC Section 22-126. thc 11clu'i~]g }Lxamincr recommendation t() thc City Council.) ()ctobcr 16. 2002 I lcaring I(xaminc~ issues rccommcndaticm of conditionzil :~pprox'al preliminary plat to thc City Council October 2'1; 2~2. . Hearing Examiner issues revision of condition of approval of' November 4, 2002 CiW Council Land Use ~d TransPo~tion c0mmiaee meeting (This commi~ee fo~ards a recommendation to the full Council for a decision at a public meeting [see Section VII, below].) V1. DI~CI:<,I()N.&I. CRII'I-;RIA Pursuant It) FWCC Section 20-127. tile scope ()t'the City Council review is limited to linc rccorct of the Hearing Examiner public hearing; oral comments received at the public meeting (Novidcd these do not raise new issues or information not containc'd in thc Examiner's record); and the Exalnincr's report. These materials shall be reviewed for compliance with decisional criteria set for-th in FWCC Section 20- 126(c). as noted Consist,e~cy ~vilh thc Fedora Wa5 ('omt)rchcnsivc l~lan: C'onsixtcncv with all applicable provisions ol thc F~VCC. ii,eluding thc>sc ndoptcd bx rcl~rcm:c fi'om Iht comprehensive plan: Consistcncx with the public health, satE'tv, and xxell2.-e: ('onsistcncv x, ith thc closi? criteria listed in section 20-2: and Consislcncy with thc development stamtards listccl in sections 20- 151 through 157. and 20-17g throu,,h 20-187. Findings and conclusions that the application is consistent with these decisional criteria are set tbrth in the t leafing Examiner's report and recommendation lbo l:cdcml Wax C'itv Council's rovicw oi' thc applicalicm is limited to thc rocord of tho hcarii~g bclbrc thc l loafing Examiner. oral commcms icccivcd during thc Public Meeting (~o long as those comments do not raise now issues or inlbrmation contained in thc examiners record), and thc l~xamincl '~ xxriltc, rcporl. Thc City Council max rccci,'o ncxx inlbrmntion not in tho record pursuant lo FWCC %cction 20-127(b). A'drafi..resblution'recommending apprOval oftlx6 proposed appli~atio_n, as recommended by ~he. · H~a'ringExaminer isifi61ud'e~i~ ~fiei c0~'side~:~'bn'Ofthe record~'ihe C~ty Couneii fiiay,'by.aeti°n approved· by a majority of the total membership, ~ake'°ne o. f the following actions, PursUant to - FWCC Section 20-127: . 1. Adopt the recommendation; or Remand tt~c preliminary plat back to the 1 fearing Examiner pursuant to FWCC Section 20- 127(b): or Adopt their own rco3n]mendations and require or approve a minor modilication to the preliminary plat pursuant to FWCC Section 20-127(d). EXIIII3fTS A. Hearing t:,xam iner Report and Recommendation, October 16, 2002 l tearing lSxamincr Revision of Recommendation. Octobc~ 21. 2002 (. Staff l<cport to l leafing Examiner, September 3, 2002* 1). City Council l)ral} Resolution lbr Devonshire Preliminary Plat Approval AF'I'I~,OVAL OF COMMi'I"i'EE I/,EI'ORT Eric Faison, Chair Michael Park, Member Dean McColgan, Member * ,Vote Not allcopicsot'slalTrcp~rtsinclude:lllcxhibitsaslistcd. A full packci including all exhibits to thc tlcaring l-lxamincr i5 Iocalcd iii thc ('il,, Council [',climin:lrv ['1:11 of I)cxonshhc · ' .. CITY OF.-FEDEI~L W^y" OFFICE. OF THE HEARING EXAMINER IN THE MATTER OF: PRELIMINARY PLAT OF DEVONSHIRE FWHE# 02-04 01-102793 SLI I. SUMMARY OF APPLICATION The applicant is requesting preliminary plat approval to allow construction of a 29 lot residential lot cluster subdivision as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions", and requiring approval pursuant r~ FWCC Section 20-1 l O. II. PROCEDURAl. INFORI'.'IATION Hearing Date: Sepoamber 10, 2002 Decision Date: October 16, 2002 At the hearing the following presented mstimony and evidence: 1. Jim Harris, Senior Planner, City of Federal Way 2. Sarady Long, Federal Way Traffic Analyst 3. Tom garghausen, Representative for Applicant, 1821 S 72nd Ave. S., Kent, WA 98032 At the hearing the following exhibits were admitted as part of the official record of These proceedings: 1. 2. 3. Staff Repor~ with all attachments City's Power Point Presentation Tree Retention Plan of Devonshire Page -' 2 Email from Tom Barghausen ro Jim Harris dated SePtember 5, 2002 'Ill. FllxlDINGS The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. The Community Development Staff Report sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit "l" and incorporated in its entirety by this reference. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC). The applicant has a possessory ownership interest in a rectangular, unimproved, 9.84 acre parcel of property located southeast of the present terminus of SW 360th St. and south of the present termini of I 1 th Ave. SW and 12th Ave. SW within the City of Federal Way. The applicant requests preliminary plat approval to allow a cluster subdivision of the site into 29 single family residential lots. Each lot will have a minimum of 5,000 square feet, and the plat will have an average lot size of 6, 127 square feet. The preliminary plat map shows rhar the applicant will extend SW 360th St. across the north property line of the parcel and will also connect I 1 th Ave. SW and 12th Ave. SW to SW 360th. The plat map also shows access provided through the Silverwood plat by extending SW 361 st Place from the east property line ro a connection with I l th Ave. SW which wiIl extend into the plat from the north. The map shows large portions of the west and southwest portions of the site preserved in open space to protect wedands and. wetland buffers. The approved Silverwood subdivision abuts the east property llne and Silverwood open space abuts r_he south property tine. The Lorigon [Vlanor plat abuts the north property line and the East Side Addition to Tacoma subdivision abuts the west property line. The sire and abutting parcels are located within the Single Family High Density Designation of the Federal Way Comprehensive Plan and the Residential Single Family (RS) 9.6 zone classification of the Federal Way City Code (FWCC). The RS-9.6 classification requires a minimum lot size of 9,600 square feet for a single family residential dwelling. However, as previously found, the applicant proposes a cluster development, and Section 20.154(b)(2) FWCC allows a minimum lot size reduction to one-half the size of the underlying zoning requirement, but no smaller · an 5)~0 ~uare. fee[ .~ ~re~usly.found,. ~e'app!iont prop~es a:mintmum lot size o[ 5,000 square feet in'compliance wi~ The topography of the parcel rises ~radually from north m south, but does not exhibit steep slopes. The contour lines reflect a minimum elevation of 390 feet and a maximum elevation of 408 feet. The alderwood 8ravel sandy loam soils on the site have slow runoff, slight erosion hazard, and can support urban development. The applican~ proposes to perform all clearing and grading at the same time, since due to the small lot sizes, they must remove alt trees. Clearing and 8rading the site at one dine makes erosion control much more effective and allows balancing of the site topocraphy, thus diminadng the need for importing and e×pordn8 material. Such also allows the installation of plat infrastructure without trucks running over sidewalks, curbs, and D~ters. o The heavily vegetated site consists primarily of second ~rowth forest with a mixture of conifer and broad leaf trees and a dense understory of native shrubs. Predominant trees include Douglas fir, red aider, and big leaf maple. The applicant submit[ed a significant tree retention plan which shows clearing of approximately 46% of the site in conjunction with plat infrastructure. Such will result in removal of approximately 46% of the significant trees on site with the balance of 54% remaining. The applicant must submit and gain approval of a tree clearing plan and landscaping plan which will meet the requirements of Section 20-1 S8 FWCC. o As shown on the preliminary plat map the site contains six on-site wetlands, three of which are regulated. The applicant proposes no temporary or permanent intrusion into the three regulamd wetlands or their buffers which will remain non-disturbed. Plat development will require filling of two, small, non-regulamd wetlands, but the remaining unregulated wedands located within ~he usable open space area may remain. Conditions of approval require the fencing and signing of the perimeter of the wetlands and buffers. 10. The applicant commissioned Chad Am]our LLC to provide a wildlife evaluation of the site. l'4r. Armour found that the site does not meet the definition of a fish and wildlife habitat cortservadon area, nor does it support endangered, threatened, or sensitive plant or wildlife species. Development will not likely create a significant adverse impact to the foraging habitat of the pileated woodpecker. However, the applicant will create three new snags on the site to offset any potential impact. Approximately 3.36 acres (54%) will remain as open space and will continue to provide some habitat opportunity for resident animals. A SEPA mitigation measure in the I'4DNS requires that the applicant maximize the remaining habitat ' °Vportunities Within .~e Tra~'A a~ve/~ble o~en S~ace 'area~ · . 11. The prope~ B situated in .~e soU~emPo~on of ~e.Qw which B developed wi~ single family dweilin~ on lot.slz~ ranging be~een 9,~ and 30,000 square feet. However, ~e Si[ve~ood plat abutdng ~e east prope~ line has an average lot size of 5,500 square feet. The 363rd street open space park owned by ~e Ci~ abu~ · e SW corner of ~e parcel. 12. The cluster subdivision allows lot sizes of 5,000 square feet, but does not ~llow d~e density to exceed the number of tots which would be permitted in a conventional subdiv'~sion. The applicant has shown and the City agrees that by subtracting ] 5% of the site for open space and 20% for streets, the applicant could recognize a maximum of 29 tots, the number presendy proposed. The preliminary plat reflects that lots abutting the north exterior property line meet the requirements of Section 20.154(a)(3) FWCC which requires a lot size equal to or greater than 90% of the minimum lot size allowed in the RS-9.6 classification. Section 20. ! 54(c) FWCC se~s forth the approval criteria for a single family cluster plat. The plat complies with all such criteria as all homes will meet minimum architectural design standards regarding garage facades and front entry design. The applicant has submitted two prototype sample house elevations and site plans that generally meet the requirements of Section 22-1640 FWCC. The City initially raised substantial concerns regarding the interpretation of Section 22-1640 FWCC which requires that each dwelling unit be owner-occupied, as the applicant proposed a lease-purchase option agreement for potential homeowners. After reviewing the applicant's information, ~he City agreed that the applicant's lease to buy program as described in the applicant's September 17, 2002, letter to the Examiner leads to home ownership (owner-occupancy) consistent with the FWCC. The City de~rmined that the owner-occupancy requirement contained within the Community Design Guidelines chapter of the zoning code regulates the general appearance of the plat and ensures its consistency in design and layout with surrounding residential pl~rs that provide typical, owner-occupancy, dwelling units. 14. Section 20.154(b) FWCC requires a cluster subdivision to provide a minimum of 15% usable on-site open space, except that 5% may constiEute a buffer. The site plan shows Tract A in the western pordon of the site designated for open space/park provides 84,506 square feet of usable open space which exceeds the minimum requirement of 42,866 square feet. The usable portion of Tract A has an avera~,e slope of less than 1% and the applicant has proposed to develop a portion of said ~ract with an irrigated open lawn play area and children's tot lot. The Page 15. balance of the"3,3 acre Tracr ^ will remain in ir~ current, vegetated c°ndirion as' native open sPace. The ·applicant will provide acCess to the site by extending I 1 th Ave. SW and 12th Ave. SW to the south and constructing SW 360th St. from 12th Ave. SW to l.Oth A. ve. SW. The applicant will also extend SW 361 st Place through the plat to connect with 11 th Ave. SW. The applicant commissioned the Transpo Group to provide a Traffic Impact Analysis (TI,k) for the Devonshire plat. The Ti,& anticipates that the plat will generate 278 average daily trips, 29 of which will occur during the p.m. peak hour. To accommodate plat traffic the applicant will improve SW 360th St_ across the plat frontage to minor collector half-street standards. These standards include the dedication of 30 feet of new right-of-way and construction of 20 feet of pavement, vertical curb, and gutter, four foot planter strip, street trees, street lights, and six foot wide sidewalks. The applicant will improve internal plat streets as local streets which will include a 52 foot right-of-way and 28 foot pavement width with vertical curb and gutter, four foot planter strips, and five foot wide sidewalks on both sides. Internal plat roads will also have street lights and street trees. The applicant aim met with residents of the area and agreed to install two speed bumps on I I th Ave. SW and two speed bumps on 12th Ave. SW to slow traffic entering and leaving Devonshire. The applicant will also pay $3,900 as irs prorata share of transportation improvement project3 listed in the City's 2OO1-2006 TIP. 16. To mitigate the impact on the Federal Way School District of school aged children residing in the plat, the applicant will comply with the City ordinance and make a payment of $2,616 per single family housing unit at the time of building permit issuance. The school impact fees are sub]ect to annual adjusrxnent and update and may exceed the present amount_ School children will walk to llahee Junior High School and the provision of sidewalks will assure safe walking conditions. Elementary and senior high students will receive bus transportation to and from school. 17. The Lakehaven Udlity Disr_ric£ will provide domestic water, fire flow, and sanitary sewers to the site. The applicant will construct the storm drainage facilities to meet the standards of 1998 King County Surface Water Design l'4anual and the City's amendments thereto. The preliminary design shows water collected and conveyed through a series of pipes and catch basins to a storm drainage water quality treatment facility located in the norO~west portion of the site adiacent to 360th St. Prior to receiving final approval, the applicant must either analyze the downstream capaci~ to the SW 3S6th St. regional storm water facili~ to vedf~ adequate capacity and pay a prorata share for off-site detention; or desitin an on-site storm .::: · · % ' '~!"? .2. · . water infiltration .or detention facility in accordance with.City standards. 18. Prior to obtaining, preliminaD, plat approval the applicant mu~ establish that the request sadsfies the criteria sec forth in Section 20-126(c) FWCC. Findings on each criteria are hereby made as.follows: As previously found, the project is consistent with the Federal Way Comprehensive Plan which designates the property as Single Family-High Density. The project is consistent with all applicable provisions of the FWCC including those adopted by reference from the comprehensive plan to include Chapter [ 8, environmental po[icy; Chapter 20, subdivisions; and Chapter 22, zoning. Furore development of the residential subdivision must also comply with applicable development codes and regulations. Conditions of approval will ensure compliance with all provisions of the FWCC. The project is consistent with the public health, safety, and welfare assuming compliance with conditions of approval. Do The preliminary plat promotes the purposes identified in FWCC Section 20- 2 as well as the standards and regulations set forth therein. The preliminary plat complies with the development standards listed in Sections 20-151 through 157, and 20-158 through 187 FWCC. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request_ The proposed preliminary plat of Devonshire is consistent wifl~ the goals, policies, and objectives of the Federal Way Comprehensive Plan and satisfies all requirements · of the RS-9.6 zone classification as amended by the cluster subdivision alternative of the FWCC. The proposed preliminary plat makes appropriate provision for the public health, safety, and welfare for open spaces, drainage ways, streets, roads, other public ways, Page - 7 ' Water Sopplies,' sanitary waste, ·fire protection, parks~ playgrounds, schools, school grounds, and Safe walking conditions: The.proposed prelimina~/plat'will serve the public use and interest by providing an attractive location for a single family ' residential subdivision: in the southern portion of the City consistent with existing development. Therefore, the proposed preliminary plat of Devonshire should be approved subject to the following conditions: Final ptat approval slaall require fuji compliance with drainage provisions set forth in the FWCC. Compliagce may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Final storm drainage engineering plans shall comply with the following: A. Drainage plans and analysis shall comply with the 1998 KCSWDI~I and amendments adopted by the City of Federal Way. City of Federal Way approval of the drainage and roadway plans is required prior to any construction. Co On-sim stormwater quality treaunen~ shall be provided using the basic water quality menu options of the 1998 KCSWDIvi as amended by the City of Federal Way. The storm water runoff control (demndon) for Devonshire must meet and implement one of the following almrnafives: l) Analyze the downstream drainage system to the SW 356th Street regional stormwater facility to verify adequate capacity; and design and reconstruct any portions of the conveyance system necessary to accommodam the increase in runoff. In addition, the applicant will be required to pay a pro-ram share for off-site detention capacity to be determined by the Ci~. The final plat shall not be recorded and construction of the offsite drainage conveyance system shall not begin undl the City's proposed SW 356th Regional stormwater l:acitity is operational; or 2) An on-sim stormwar, er infil~agon or detention facility shall be designed and construcmd in accordance with Chapter S of the 1998 KCSWDI'4. Adequate capacity of the downstream conveyance system from Devonshire Plat shall be verified and improved as necessary. Additional excavation of the closed depression on City-owned property will be required to compensate for the.increased runoff voi.t!, me from Devonshire; With' ' accompanying calculations'reqUired. . Final review of the storrnwater quality and detention will occur in conjunction with the full drainage review. The applicant shall be required to construct all storm drainage improvements necessary to midgate all identified conveyance problems, whether existing or resulting from the plat's development, as identified during engineering plan review, as required by the Public Works Director. Engineering approval shall not be granted if it is determined that proposed mitigation is not adequate to address the impacts of the project. The final plat drawing shall establish Tract A in an open space tract to be owned in common and maintained by property owners of the proposed subdivision. The final plat note shall include provisions, prohibiting removal or disturbance of vegetation and landscaping within the regulated wedands and buffers in Tract A, except as necessary for maintenance or replacement of existing plantings and as approved by the City. Additional vegetation may be located in the open space tract to meet the MDNS condition as approved by the City. A no~e shall be included on the final plat map that the open space tracts shall not be developed with any buildings, and may not be used for financial gain. Prior to issuance of construction permits, a final landscape plan, prepared by a licensed landscape architect, shall be submitted to the City for approval, and shall include the following elements: a. Open space landscaping in Tract b. Street trees in right-of-way landscape planter strips; c. Tree preservation plan; and do Visual screening of the storm drainage Tract C from adjacent right-of-way with landscaping and/or fencing. Cyclone fencing, if used, shall be coated black or green, and shall be screened by vegetation. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) as amended by the City of Federal Way for this proiect, including the following requirements: Page -.9 SW 360th Street shall' be improved along the frontage of the project as a Minor Collector, half-street improvement. Improvements will include dedication of 30 feet of new fight-°f-way to combine with the existing 30 feet of right-of-way for a total of 60 feet. SW 360th Street shall be improved with a minimum of 20 feet of pavement, vertical curb and gutter, four-foot planter strip, street trees, streedights, and six-foot wide sidewalk (curb, planter and sidewalk only on south side. Internal plat sweets shall be improved as local streets, which include 52-foot wide right-of-way and 28-foot pavement width. Vertical curb and 'gutter, four- foot planter strips, and five-foot wide sidewalks shall be provided on both sides of the s~eet_ Streeflights and street trees shall also be provided. Tracts B shall be improved to the private access tract standard and shall be limited to serving a maximum of four lots. The lots that abut these tracts for access shall have undivided ownership of the tract and be responsible for ils maintenance. The maintenance agreement for the private access trac~ shall be included on the plat and the language approved by the City. Improvements shall include a 38-foot tract width and 24-foot pavement width with vertical curb, gutter, and five-foot wide sidewalks on both sides of the street. Tract length shall be limited m a maximum of 1 SO feet from face of curb to end of the tract. Streets shall have a minimum pavement section of three inches Class B asphalt over seven inches of crushed sud:acing on alt internal streets and three inches Class B asphalt over eight inches of crushed surfacing on SW 360th Street to support the traffic loads. 6. Clearing for the construction of the plat improvements (roads, pond and utilities and 1 2 lots) shall be generally consistent with the clearing limits depicted on the Preliminao' Road Grading, Storm Drainage, and Utility Plan, Sheet 4 of 6, d~at was prepared by the applicant for the preliminary plat process. The clearing limits referenced above are the approximate clearing limits necessary for road, utility, pond, and necessary lot grading, and may be modified with the approval of the Community Development and Public Works Departments during final engineering plan review as required to reflect changes in road and utility designs, if any. · Page.- 10 7. As required by the Public W°rl6. Director, prior to final plat approval',' the.. aPpiicant shall ins~ll'two speed humps'(four total humid) and signage .' constructed'to City Standar~ on 11th Avenue SW'and 12th Avenue SW between SW 360th Street and SW 356th Street As required by the City, in order to mitigate potential safety impacts, due to the proximity of the proposed usable open space area (Tract A) near a cur~e in the roadway, street signage should be implemented regarding notification of the park area. A plan for street signage shall be approved by the City, and silage implemented prior to final plat approval. DECISION: It is hereby recommended to the Federal Way City Council that the proposed prelimina~' plat of Devonshire be approved subject to the conditions contained in the conclusions above. DATED THIS 16th DAY OF October, 2002. TRANSMITTED THIS 16th DAY OF October, 2002, to the following: APPLICANT: Rudy Spangter 2687 SW 172nd Seattle, WA 98166 AGENT: Barghausen Consulting Engineers, inc. G. Wayne Potter 18215 72nd Avenue South Kent, WA 98032 ENGINEER: Barghausen Consulting Engineers, Inc. Robert Armstrong, PE 18215 72nd Avenue South Kent, WA 98032 City of Federal Way, c/o Chris Green, P.O. Box 9718, Federal Way,~,~yL~ I .~,~ ~WA 980,6~3~-9718 · .. , OI'I':Y COUNCIL. REVIEW, ACTION ... ' · '. i Pumbant'to section 20-127, folloWing'reCeipt of,~e, final'i'eP~rt~'and'recommendation ~f"' ,·' .. the hearing examiner, a date shall be set for a public meeting I~fore the d~/CounCil.. The city council review of the preliminary plat application sh'a]l be limited to the reco.rd of the h~adng before the headng examiner, oral comments received during the public meeting (so long as those comments do not raise new issues or information not contained in the examiner's record) and the hearing examiner's written report. These materials shall be reviewed for compliance with decisional criteria set forth in section 20- 126. The city council may receive new evidence or information not contained in the record of headng before the hearing examiner, but only if that evidence or information: (i) relates to the vatidity of the hearing examiner's decision at the time it was made and the party offering the new evidence did not know and was under no duty to discover or could not reasonably have discovered the evidence until after the hearing examiner's decision; or (ii) the hearing examiner improperly excluded or omitted the evidence from the record· If the city council concludes, based on a challenge to the hearing examiner recommendation or its own review of the recommendation, that the record compiled by the hearing examiner is incomplete or not adequate to allow the city council to make a decision on the application, the city council may by motion remand the matter to the hearing examiner with the direction to reopen the hearing and provide supplementary findings and/or conclusions on the matter or matters specified in the motion_ After considering the recommendation of the hearing examiner, the city council may adopt or reject the hearing examiner's recommendations based on the record established at the public hearing. If, after considering the matter at a public meeting, the city council deems a change in the hearing examiner's recommendation approving or disapproving the preliminary plat is necessary, the city council shall adopt its own recommendations and approve or disapprove the preliminary plat. ,~s part of the final review, the city council may require or approve a minor modification to the preliminary plat if: (a) (b) (c) (d) The change wilt not have the effect of increasing the residential density of the plat; The change will not result in the relocation of any access point to an exterior street from the plat; The change will not result in any loss of open space or buffering provided in the pier; and The city determines that the change will not increase any ~dvorse impacts or undesirable effects of the project and that the change does not significantly alter the project. MEMORANDUM TO: FI<OM: DATE: PARTIES OF RECORD STEPHEN K. CAUSSEAUX, JR., Hearing Examiner PRELIM[NARY PLAT OF DEVONSHIRE October 21, 2002 Ti~e Examiner issued a corrected Repor~ and Decision dated October ] 6, 2002. Cc~ndidon No. 6 within-said decision was'an oversight and should be revised to read as [ollows: SKC/ca ..' .... '-CITY .OF FEDERAL: WAY COMMUNITY DEVELOPMENT SERVICES DEPARTMENT STAFF'REPORT TO:.THE pau[mmAay PLAT OF ~vONsU~ Federal Wa.,,' File No. 01-102793 SU I'IIBIAC Iil".ARING - SEPI'EMBER 10, 2002 FI~]i)I:.RAI. WAY CITY ilAI,L CITY COUNCIL CIIAMBERS 33530 FIRST WAY SOUTll Table of Contents 1\ \ \'1 \'1 \'1 IX X XI XII XII General Information ........................................................................................... I (hmsuhcd l)cparlmcnts and .,kgcncics Ncighborhoud ('hat :/cturistic~ 5 '1'~ ansi)orta~tion [hilitics 10 Analysis of l)ccisionaI Criteria 11 t:indinss of' I:xcl ;md (hmclusion l.isl oCl{xhihi~x · ~ . : ' .-.. "".' ..:. ; STAFF REPORT FOR THE PUBLIC HEARING OF 'SEPTEMBER 10,' 2002 'PRELIMINARY PLAT OF DEVONSHIRE . . :\etlon J{e(jt~eslcd: St:Iff l~,el)['escntalivc: Staff l~.ecomn~endatJon- 01-102793-00-SLJ Barghauscn Consulting }~nginccrs Inc. (5 ~"avllC J)ottcr 18215 72:~] Avenue South Kcnt. WA 98032 John l.conard & Mr. and Mis. t larold Strand l)rclimina[x' plat apt)~ox ill ol'a 29-1ot residential lot clustcr subdivision as providcd undc~ /,UJcrrd Il'oCr ('l[~' ('~;dc (I:WCC) Chapter 20. '~Subdivisions," and rcctuiring af)l~;oxal t)ursuant to t:WCC Section 20-110. Jim l tarris. Scnior l)lmmcr. 253-661-4019 Ih'climina~x' Plat Approval with Conditions (; t(N I:R.\ I. J N I.'(}R I)~'.~/~t~/~<,/~ <!i linc l'/'<~l)<)s'c¢/ Thc applicant proposes to subdivide a vacant 9.8-1 acrc lot into 29 rcsidcmial 5l[tglc-l'amily lots in a cluster subdivision, with oath lot having a minimum of 5,000 squiH'c l~ct and an average lot size of 6,127 squarc lUct. Smcc thc proposal is for a cluster subdix isio~L [)[llxti;lll[ to I:~VCC Scc[ioll 2()-15-i. thc minimum lot size may bo up to onc hall'thc sixc oF thc undcrl) mg/.oning rcqui~cmcnt, but no smallcr than 5,000 sqtlal'C tDct. Thc t>rclimin:u?· plat map. rcviscd l)cccmbcr 7. 2001, along with significant trcc rctcntion phm: t)rclimimuv road. grading, and utility plan: road prolilc; xvatcr quality pond plan; strcct trot plan: and prclimin;~rx' l;mdscat)c plan by 13arLCmuscn Consulting t'noincc: .~ '~rs arc cncloscd (Kxhibit I LocatiDn'= The site' is located in thi~ ~;0uthem portion 9fth¢ City, south ofSW 360m Street between 10*.Avenu~-'$W and 12m-Avenue SW. (Exhibit !).- - ' ....: ,.:'.'.' ,". -" :: Parcel Nos. - 302104-9097 and 3.02104-90989. Legal description is on the plat map. Size of Property - The subject site has'a land area of 428,630 square feet (9.84 acres). l)irectio,~ Zoning Comprehensive Plan Existing Laud Use Site 1.}S-9.61 SI: - ttigh Density Vacant North R $-9 6 $ F - t t igb Density S FR2 South RS-0.0 SF - t tigh I)cnsitx gilx'cp, vood Open Space Kast RS-0 G SF - ttigb l)ensitv SFR \Vcs! R5-96 SF - t tigb Density Vacant, Sf:R. and Right-of-\Vay /~c~c/:,:4~'.~ 'Ibc I)rclimim~iT' plat of l)cvonshirc was submitted on July 1G. 2001 (Exhibit Thc application was dctc~ mmcd complete on August 13. 2001. I I CONSIJI.TI-}I) I)F.I'ARTMI'~TS. /\(;ENCIES AND PUBLIC ..\ ( ommtmitx l)cxclopmcnt Rcvicxx Committee (CDRC), consisting of tho t:cdcnd Way Commumtx Development 5crx ices })lanning and Building Divisions; Public Works IZnginccring and T~al'lhc (l)olicc): [:cdcnd Wax Fire Department: Lakcbavcn Utility District; and [:cdcral Way Public ~chools CDR( comments have bccn mcoq)oratcd into this report xxhcrc at)plicablc. l)~Ol)Cnx oxxnc~'s at~d occut):.lnts xxitbin 300 Ikct of thc site wcrc mailed notices of thc complete l,rolimina~ plat application. Tho site was also posted and notice published in thc ncxvspapcr and thc Citx"s official notice boards. A petition with 15 signatures and eight additional comment letters xvcrc submincd in response to thc notice of application (Exhibit 3). On September 18. 2001. ( ity icspondcd to) tl~c 23 parties that t)rox tdcd comments on thc notice of application (IZxbibit I,~ :~cco~'d:mcc ,ith thc .<,'[c~/e I,.',wr,,~oJc,tM l',/a'~' Act (SKPA) and FWCC Chapter l~. :~ffcctcd [I['.CIICiCS. XkCI C re)tiffed of thc l)~ oposcd action and thc City's cnx irc)mncntal decision. In actditi<m, thc site xxas t)ostcd and notice t)laccd in thc ncxvspapcr and on thc Citx"s official notice boaT'ds · · S~'ATE I~NVIRONMENTA~ POLICY ACT A Mitigated Environmental D~termination of Nonsignifidanee'(MDNS) was issued.by the.City of' ' Fedei-al .Way for the proposed action on May 8, 2002 (Exhibit 5).. This determination.w .as based on ~:eview · of information iri the project file, including the environmental checklist (Exhibit 6), and staff evaluation of the environmental checklist for Devonshire (Exhibit 7), resulting in thc conclusion that thc proposal would not result in probable signillcant adverse impacts on the environment provided the applicant complies with thc mitigation mcasurcs in thc MDNS· No comments or appeals on the SEPA decision were submitted to thc City. ,,'N.,\ I URA I~}NVII~,()Ni~II'~NT Ho~/.s' - 'l'he 1973 King County soils sm-rev map lists the soils type as Aldc~xvood Gravcllv Sandy l.oam (Agl3) .,~ldc~xvood soils arc cha~actct'i/.cd as moderately well drained soils that bare a xvcaklv consolidated to strongly consolidated substratum at a depth of 24 - 40 inches. AgB soils are described as capable tbr urban development, runoff is slow, and ci'osioll hazard is slight. T_vpical soils excavation will occur with the street construction, at thc site et'thc proposed on-site xva/cv quality t~catmct~t l'i~cilitx', and 1~3~' utility installation. Thc prclimina~5' clca~-ing and grading plan depicts clca~ lng limits l~)i' co~struction off thc folloxving facilities: street right-off xva)', surface water pond. usable roc~ cation area. and utility development. Additionally, duc to tt~c site topography and to accommodate t'uturc lot drainage, thc applicant is proposing to clear and grade lots 1. 12. and lots 7 IG while constructing tho plat inlTastmcturc. 7'olJo.g~'(w)tLv 'Ibc site has a _,.~radu:~l slope rising fi-om thc no~lh to the south. Thc site does not haxc any steep slopes or rmv other .gcolo!gically ha×ardous areas. I?Xe[a//r)J~ Thc site is heavily wooded and consists primarily of second growth t~vcst x~'ith a mixture of coni fur and broadlcaf trccfi, with a dense understo[x, of native shrubs. A second grow th mixed forest and a second growth broadlcaf lbrcst arc the two most prevalent vcgctatiou types on that po~ion of the site which will bc developed Dominant trees include Douglas Iht. red alder, and big leal' maple ,;\ sigml~cai~t ti'cc ~ctcmio~ plan (['i×hibit 1) was submitted with the application. Txvo trees on thc cl//it'c 9.8.1-ac~c site. Although thc signilicant trees arc ~lot ox'only distributed on thc site. thc txvo rcp~cscmalivc tvcc plots ictcmilK~ typical samples of thc signilhcant trees located. .~,pt)voxilm~tcl_x' 46 percent oftt~c site (45 ac~-cs) will bc cleared in colEjtmction with plat i~l'~ :lStI't~CttH'C CO~SI~ tictio~ as pvol)oNcd Clearing 46 percent off thc site would result in removal of app~ oximatcly-lG pcvccm ot' thc sigml]ciH~t t~ccs on thc site. Therefore, at)proximately 54 percent of thc overall signilhcant trees on thc entire site would remain on thc site following infi'astructurc constructio~L Approval of thc I)~climimux' plat is subject to submittal and approval of a tree clearing plan and · . .' '.-...[an-~i~¢e plaxi pursuant t°'E~CC Section 2.021.~8. City po..liey ~nd FwcC-~e&ion 26i179 ~d~t~': .:.'" ..." ' ' ' .' : ,~,..~. tlmt existing mature v6getati0n shall;,be retained to the.m .agdm. um exlent possible.: Retained ~,..::,.: ' ' ' · D...'We. tlands - Several w~tlands e~ist on the subject property. A w~fland assessment ~d d~lineafion ".. - 'by Chad Amour (~6vised February 25, 2002) revealed several .w~tlands on and adjacent to the site · (Exhibit 8). Asummary of tM wetland name, ~ize, type,-FWCC required buffer width, and proposed impact are as follows: Nallle F DID 11 CC I Big CA - FF CI t - AA G (offsitc) Size 1,927 sf 956 sf 1,910 st' Classification Unregulated Unregulated [Jnrc~ulated Um emdatcd Type 1I Req'd Buffer Proposed Impact Fill -0- Fill 3,110 si' 100 feet 4,470 sf Type II 1 O0 feet Undisturbed 100 feet Undistm-bed _ In open space In open ~ Undisturbed No temperaD, or permanent intrusions rote thc three regulated wetlands or wetland buffers arc proposed As proposed, all regulated on-site wetlands and on-site buffers will be preserved and not disturbed· Four small wetlands, each less than 2.500 square feet. are located on the propcmy. These wetlands arc exempt from regulation under FWCG Section 22-1357. Wetlands DD and EE arc proposed to be filled in conjunction with development of the plat. Thc other two remaining unregulated wetlands (BB and CC) arc located within thc usable open space ama and may potentially bc displaced in thc fl~turc: however, displacing/filling wetlands BB and CC is not proposed at this time. Thc City's x~ctland consultant. Adc)Il'son Associates Inc. (AAI), has reviewed thc Terra Associates repot1 and generally concun'ed with thc x~etlaud delineations and findings in a September 24,200 l. written review (Exhibit 9). A condition of thc SEPA decision requires thc developer to provide fencing and signing thc pe~ imctcr of on site wetlands AA and FF, in order to minimize potential intentional or inadvertent xxctland buff'er intrusions by human activity. lthldl(fi? end ~lain'tat - The applicant provided a Revl'sed Wildhfe Evaluation by Chad Annour, 1.1.(~' (~cx iscd October 9. "~0O 1. Exhibit 10~ In addition. Mr. Am~our provided thc City additional int'~,tmation in au April 4. 2002. letter to the City (Exhibit I 1). Adolfson Associates Inc. (\Al), ' - ' . x~ o~ krug on behalf of the City of Federal Wax,, reviewed thc initial \Vildlifc t~valuatiou submitted to thc City for thc project and provided a written review (September 2-I. 2001). gcnc~ ally conctn ring with thc findings and conclusions of thc Wildlife Evaluation (Exhibit 12) ~ ~~ PAGE · . ..: , . .- - en~ger~ '~n~ or se~ieve sp~t~ p~y.~!a~ ~ ~e ~0 do~t pl~t. . - '. ". '. ' '" '.~~es, or ~e sm~er'Wefl~& o~ ~e si~. ~e ~o~ ~l~ife Eviction ~o no~ ~ ' ' .... W~on S~te De~ent ofFish.~d Wildlif~ ~~ did not ~ ~y p~o6~ ~l~ife · .sp~es 6n or near th6 site. .. Thc site provides habitat for mammals, amphibians, rodents, as well as songbirds and insects. Some of these animals will be eliminated or displaced by the proposal. In addition, the introduction of human activities, including domestic animals, to the site may, threaten the viability of any remaining habitat. Thc April 15, 2002, Armour letter states that development of the site will not likely create a significant adverse impact to thc foraging habitat of the pilcatcd woodpecker. Howcver, Armour proposes to create three new snags on the site to offset the potential impact to the pilcated woodpcckc? habitat on the site. Approximately 3.36 acrcs of the site (34 percent) is proposed as open space. These 3.36 acres arc proposed for use as both active recreation area and natural open space, and will continue to provide some habitat opportunity. Thc primary ~nitigation of wildlife impacts is through minimization of impact by preserving approximately 34 percent of thc site as open space. In order to minimize potential wildlife habitat impacts, SEPA condition number three requires tho remaining habitat opportunity within the undisturbed portion of Tract A (which is active/usable open space) to bc maximized by appropriate design and construction of any, future open area development within Tract A. Additionally, SEPA condition number four rcquircs the creation of tbrcc snags within permanent open spacc areas before final plat approval. NEIGItlIORItOOI) CIIARACTERISTICS VicD~iO;- Thc propcrty is situated in thc southern portion of thc City,, in a single-family residential area. The site is vacant. Thc majority of adjacent properties to thc north arc developed with single- family residences on lots ranging from approximately 9,000 to 30,000 square feet. To thc east, thc majority of thc tots are dcvclopcd with single-family residences on lots within thc plat of Silvc~xvood, with an average lot size of approximatcly 5,500 square feet To thc south is thc Silvcrwood open space. To thc west, lots range from approximately 9,000 square fcct to one acre. VI GENERAl. I)ESlGN SW 363'~.%'treet Olden ~5'/~ace - The 363'd Strcct Open Space Park, owned by thc City of Fedcrat Way, is a~jaccnt to thc southwest corner oF thc Devonshire site, across thc undeveloped 12th Avenue SW right-of-way. Thc SW 363'd Street Park is approximately five acres in size, consists mostly of a small wetland, and is intended for passive recreation. A. /.)eh.viO, Pursuant to FWCCC Section 20-153, thc total number of lots created in a cluster '.' .. -..- p~rmitted is ealc.'tilated tiy's, ubtractmg the req '.uired open.spa~..o~ 15 per. ceng. and subtracting 20 .:- : - · -- · '. ' · perCent for st~eets.'fi'om the gross land' available, then dDiding bY'the minimum 16tsize of.the ' ' ' ' " · .... tm&dying'zqning district. Therefore, the maximum number of lots that could be created on th~ subject 9.84~acr. e parcel is' 29 lots, based on the cal6ulation below. .. Total Lot Area Minus 15% open space Minus 20% for streets 428,661 sq.ft 64,299 sq.fl. 85,732 s .q~ft. 278,630 sq.ft (9.84 ac) divided by 9,600 = 29 lots maximum Lot Size - Thc proposed Devonshire lots range in size from 5,000 to 9,618 square feet, with an average lot size of 6,127 square feet. Pursuant to FWCC Section 20-154, lots created in a cluster subdivision may bc up to one-half thc size of thc underlying zoning requirement, but in no case smaller than 5,000 square feet. Pursuant to FWCC Section 20-154(a)(3), lots in thc proposed cluster subdivision that are ilnmediatcly adjacent to an cstablished single-family neighborhood shall bc no smaller than thc neighboring lot size, or thc underlying zoning minimum lot size minus 10 percent, whichever is smaller. The proposed plat complies with this standard by providing a minmmm lot size of 8,640 square fcct for lots 1, 2, and 7 (adjacent to an RS 9.6 zone, 9,600 - 10% -~ 8,640). In addition lots 12, 29, and 23 - 27 are adjacent to the existing Silvcrwood cluster plat with approved minimum lot sizes of 5,000 square feet. Therefore, thc proposed lots adjacent to Silvc~x\'ood arc consistent thc adjacent Silvcrxvood cluster plat lots which arc zoned RS 9,600, but wcrc approved in a 5,000 square foot minimum lot size cluster plat. Cluxter/'/at Apt)royal Criteria - Thc Devonshire cluster plat is subject to thc approval criteria contained in FWCC Section 20-154(7)¢), and FWCC Section 22-1640.Thc plat generally meets thc approval criteria by providing a single-family cluster plat compatible with surrounding areas and providing extensive on-site-open space. Review of future single-family home permits in thc Devonshire site arc subject to minimum architectural design standards regarding garage facades and front entry design. Two prototype sample house elevations and site plans that generally mcct FWCC Section 22-1640 arc provided for information with thc prclmmmD, plat application (Exhibit 1). In addition, thc prdiminaiy plat as proposed generally fulfills FWCC Section 22-1640 standards, which intend cach dwelling unit for owner occupancy. Thc proposed Devonshire cluster plat meets thc intent of this section by focusing solely on thc development of single-family residential structures as opposcd to other types of development allowed under thc cluster subdivision, such as duplexes, townhomcs, or zero lot line development. In addition, the applicant has statcd in a l)ccembcr 10, 2001, letter (Exhibit 12) that the project covenants will promote and enhance home oxxqnership. I). Lei La),out - Most of the proposed lots arc of rectangular shape, and two lots gain access from a private access roadway. All building setback lines (BSBL) arc depicted on thc preliminaO' plat an ~ ~ ~ map, dud each lot contains adequate building area. EXHibIT C · ' ' . '" . ' i spa.ce, or a fee-in-lieu paYm. e.n't. Howeyer; in accordance, with .1;3~rcc Section2.0-154(4,2i cluster ' ·. · '. ! .. subdivision musi.provide ill required open Space'(15 l~tCent) on-site, and it must ~ b.e ~.a. bl¢; .' :. : ".' except up tb five PerCent carl be buffer. '.". . . · .. " " Tract A is a 146,518 square foot parcel (3.3 acres) that also contains two regulated wetlands and twb unregulated wetlands. The proposed 84,506 square feet of usable open space in Tract A exceeds the minimum requirement of 42,866 square feet (10 percent of the 428,661 square foot parcel)· Access to the usable portion of Tract A is centrally located within Devonshire and is accessible from a public street. The usable portion of Tract A is contained within one contiguous ama and provides for active recreation opportunities. The usable portion of Tract A has an average slope of less than one percent. The applicant has proposed to develop a portion of Tract A with all irrigated open lawn play area and a children's tot lot. Approximately ~ of Tract A will be left in its current vegetated condition as native open space. Since the undeveloped portion of Tract A contains regulated and unregulated wetlands and wetland buffers, and has potential to be further developed with additional recreational improvements in thc future, SEPA condition number three requires any future development of Tract A beyond that presently proposed to be designed and constructed to protect and enhance wildlife habitat to thc maxinmm extent feasible. The applicant has proposed ownership of Tract A to bc by thc future homco~xtcrs association. Final verification of compliance with the minimum usable open space area requirements will occur m conjunction with review of thc final plat. S~bdi~isio~ Access and Roadway System - Access to the site will bc provided by thc southward extension of 11* Avenue SW and 12~h Avenue SW, construction ofSW 360~h Street bctwccn 10~ Avenue SW and 12th Avenue SW, and by the westerly extension of SW 361~t Place. Section VII of this rcport provides a detailed description of thc proposed roadway system and improvements. G Pedestrian ,%),.¥tem - Sidewalks will be provided along all street frontages. Specifically, full strcct improvements include five-foot wide sidewalks on both sides of thc street. Half street improvements at SW 360th Street will include a six-foot wide sidewalk and four-foot plantcr strip only on thc southerly side of thc street. It. La~dscal;e Buffers - In accordance with FWCC Chapter 20, "Subdivisions," landscape buff'ers arc specified only when thc plat is adjacent to an incompatible zoning district. Thc proposed plat is bordered on all sides by single-family residential zoning; therefore, no perimeter buffers arc required. Street trees, when mature, open space vegetation, and screening of the stom~ drainage tract, will contribute to visual buffering. Street tree rcquirclncnts arc described m Scction VII-A of this report. PAGE.,, · . &.' .Str.eet~mpb~veme~its-.~A~esst~thesitew~epr.~videdbyth¢~u(hwarde~ensi~n.~f~th.. .. ' '.. Avenue SW and '12t~ AvenUe SW, con~tructi0n.of SW 360 12th Avenue SW, and by the westerly extension of SW 36'Pt Place. In accordance with the FWCC, all street improvements must be dedicated as City right-of-way (except the private access tr'act) and improved to full street standards. A November 2, 2001, Traffic Impact Analysis by the Transpo Group (E 'xhibit 13) was subnfittcd for the project. The City's Traffic Engineer has reviewed the project and concluded that the proposed street layout of the Devonshire subdivision is consistent with the adopted codes and comprehensive plan in place at thc time of the complete application. SW 3604 Street shall be improved along the frontage of the project as a Minor Collector, half- street improvement, hnprovcments will include dedication of 30 feet of new right-of-way to combine with the existing 30 feet of right-of-way for a total of 60 feel S W 360~ Street shall bt improved with a minimum of 20 feet of pavement, vertical curb and gutter, four-foot planter strip, street trees, streetlights, and six-foot wide sidewalk (curb, planter, and sidewalk only on south side), Internal plat streets shall be improved as local streets, which include 52-foot wide right-of-way and 2g-foot pavement width Vertical curb and gutter, four-foot planter strips, and five-foot wide sidewalks shall bc provided on both sides of thc street. Strectlights and street trees shall also be provided Tract B shall be improved to thc City code private access tract standard and shall be limited to sera,lng a maximum of tbur lots. Thc lots that abut this tract for access shall have undMdcd ownership of the tract and bc responsible for its maintenance. Thc maintenance agreement for thc private access tracts shall be included on the plat and the language approved by thc city. hnprovcments shall include a 38-foot tract width and 24-foot pavcmcnt width with vertical curb, gutter and five-foot wide sidewalks on both sides of the street. Tract length shall be limited to a maximum of 150 feet from face of curb to end of the tract. Pursuant to Public Works Department review, all streets shall have a minimum pavement section of three inches Class B asphalt over sevcn inches of crashed surfacing on all internal streets and three roches Class B asphalt over eight inches of crushed surfacing oil SW 360th Street to suppoil tho traffic loads. Street lighting is required ell all streets pursuant to FWCC Section 22-1522. Thc Public Works Depamncnt and Federal Wa5, Fire Dcpartlnent have approved preliminary roadway improvements and curve radius as proposed. Off-Site Traffic Mitigation - This proposal has becn rcvicwcd undcr thc State Et~vironmental Policy Act (SEPA). Pursuant to SEPA condition number five, in order to mitigate for potential adverse transpo~ation impacts resulting from thc construction of the project, the applicant must .' . -.. . ~_ - · . . . .. '. . ~ . · . .-... ...... :...~~~~.. .' - ' -... ' :.' ' ". ollbr to pay'a.pro4a~ sh~e'~n~b~on o~ $3,9~.~ ~w~ ~e ~p~ ~.proj~t b~ On ' " ' ' - ~ecal~fion~e~NS., :".- ' · ': ' ' . · · '' "· '.. - Neighborhood Traffic Sa~ ~).- On July 23, 2002, '~e applic~ ~d Ciw ~nduct~ aNTS meeting, with residents around the area of the' proposed plat as requested by City staff. As a result of thc public meeting, in order to minimize potential neighborhood traffic safety issues, prior to final plat approval, the developer shall install two spe~ humps (four total) constructed to City standards on both 11~ and 12~ Avenues. V'[[I PUBLIC SERVICES Schools - As part of the City's initial review of the proposal, thc prcliminary plat application was referred to the Federal Way School District for comments. March 14, 200 i, comments from the school district indicate Enterprise Eicmcntary, lllahee Junior High, and Fcdcral Way Scnior High schools will scrx'c thc proposed subdivision (Exhibit 14). Elementary and senior high students from this development would receive bus transportation to and from school, as these schools arc over eno mile from thc site. Thc applicant provided a November 2, 2001, School Acccss Analysis as a component of thc TIA. Tt~c school access analysis identifies a safe path of travel for students walking. In summa~-,.', a safe route of pedestrian travel will be provided to Illahee Junior High School following construction of thc on-site sidewalks and thc frontage sidewalk that will be constructed along SW 360~ Street, as identified in thc March 5, 2002, mcmo from Ms. Gcri Walker with Federal Way Public Schools (Exhibit 15). School service areas are reviewed annually and may be adjusted to accommodate curollmcnt growth and ncw development. School impact fees, as authorized by City ordinance and collected at thc time of building permit issuance, arc currently $2,616.00 per single-family housing unit. School impact fees arc determined on the basis of the district's Capital Facilities Plan and arc subject to annual adjustment and update. B. Parks & Open ,%'pace - Thc Devonshire site is within a couple hundrcd fcct (across an existing undeveloped right-of-way) to thc existing City of Federal \Var SW 363~d Open Space Park. Thc SW 363~ Open Space is an undeveloped park, which includes wctlands. Thc mtcndcd risc of thc site is for passive rccrcation. Access to thc Git3' of Fcdcral Way's proposed BPA Phase 3 Trail (multi-modal transpo~Xation and recreational) is approximately two to ¼ riffles north and west of thc Devoushirc sitc. On-site parks and open space rcquircmcnts arc discussed in Section VI of this report. lqre Protection - Thc Certificate of Water Availability from thc Lakchavcn Utility District indicates that water will be available to the site in sufficient quantity to satisfv~ fire ~wshnud~,~= ',r r.~.~ : ';' for thc proppsed dcvclopmen~ Thc F.ir.e Depa~tthent requires'that a'firc hydnint b~ locat~ with;n. '- Sewage Disposal - The applicant proposes to serve the proposed plat by a public sewer system managed by Lakehaven Utility District. A May 23, 2001, Certificate of Sewer Availabilily (Exhibit 16) indicates the district's capacity to serve the proposed development through a Developer Extension Agreement (DEA) between the applicant and the district. Water Sup/~ly - Tbe applicant proposes to serYe the subdivision with a public water supply and distribution system managed by the Lakehaven Utility District. A May 23,2001, Certificate of Water Availabilily (Exhibit 17) indicates Lakehaven's capacity to serve the proposed development through a DEA. Drainage IVac~lilies - Development of the site will create additional runoff from new imperx, ious surfaces such as streets, driveways, and rooftops. Storm drainage facilities are being designed m accordance with thc ] 998 King County Surface Water Design Man ual (KCSWDM) and tile City's amendments to the manual. The applicant's February 21, 2002, preliminary storm water Technical ln£o~ marion Report (TLR, Exhibit 18) and addendum revised March 22, 2002 (Exhibit 19) by Barghauscn Consulting Engineers, Inc., were reviewed by the City's Public \Vorks IDcparm~cnt. Thc prcliminaLx, design proposes to collect and cony%, water through a series of pipcs and catch basins into a storm dramagc water quality treatment facility located near thc northwcst portion (adjacent to SW 360m Street) of thc Devonshire site. The stom~ water flow control (dctcntion) for Devonshire must meet and implement one of the following alternatives: l) Analyze thc downstrcam drainage system to thc SW 356m Street Regional storm water facility to yetiS' adequate capacity; and design and reconstruct any portions of the conveyance system necessary to accommodate the increase in runoff. In addition, tile applicant will be required to pay a pro-rata share for off-site detention capacity to be deternfincd by thc City. The final plat shall not bc recorded and construction of the offsitc drainagc conveyance system shall not begin until the City's proposed SW 356t~ Regional Stomm'atcr Facility is opcratioual; or ~) An on-site stormwatcr inliltration or detention lhcility shall be designed and constructed in accordance with Chapter 5 of thc 1998 KCSWDM. Adequate capacity of thc downstream convcyancc systcm from Devonshire Plat shall be verified and ilnproved as necessary. Additional excavation of the closed depression on City-owned prope~%, will be required to compensate for thc mcrcascd runoff volume from Devonshirc, with accompanying calculatious required. Final rcvicxv of tl~c stormwater quality and detention will occur in conjunction with the full drainage rcvicw. EX ~l,,! ~ .~ I .. - . 21.. ANALYSI~OF. DECIS[ONAL~'RITERIA . ' ' . . · ' . ' . ' ' " '- - ... ' ..'. · ' ' The FWCC establishes review procedures and decisional criteria for deciding·upon vari6US types of Iand ' ' Use applications. Pursuant to FWCC ChaPter 20, ?Subdivisions;, Section 20-110,-preliminary plat applications arc submitted to the hearing examiner for public hearing. The preliminary plat application and the recommendation of tile hearing examiner is submitted to the City Council for approval or disapproval. Hearing Examiner Preliminary ?lat Decisional Criteria - Pursuant to FWCC Section 20-126(c), the hearing examiner may recommend approval of the proposed preliminary plat only if the following decisional criteria are met. Decisional criteria and staff responses are provided below. The project is consistent with the comprehensive plan. Staff Comment: The application is subject to the adopted 2000Federal Way Comprehensive P/an (FWCP), which designates the property as Single Family - High Density. The proposed land usc, Single Family Residential lot cluster plat, with 5,000 square foot minimum lot size (RS-9.6), is consistent with density allowances and policies applicable to this land use as established in the FWCP. 2. The projcct is consistent with all applicable provisions of the chapter, including those adopted by reference from thc comprehensive plan. Staff Comment: The preliminary plat application is required to comply with the provisions of thc FWCC Chapter 18, "Enviromnental Policy"; Chapter 20, "Subdivisions"; Chapter 22, "Zoning"; and all other applicable codes and regulations· Future development of thc 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 thc chapter. 3. Thc projcct is consistent with the public health, safety, and welfare. Staff Comment: The proposed preliminary plat would permit development of the site consistent with thc current Single Family High Density land use classification of thc FWCP and map. Proposed access and fire hydrant locations must meet all requirements of thc Federal Wa.,,' Firc Department. Future development of thc plat in accordance with applicablc codes and regulations will ensure protection of the public health, safcty, and welfare. 4. It is consistent with the design criteria listed in section 20-2· ,S'tc~)'CommenL' Thc proposcd prcliminary plat would promotc the purposes identified in FWCC Section 20-2, and thc standards and regulations therein, as identified in thc staff report, including effective use of land, promotion of safe and convenient travel on streets, provision for thc housing needs of thc community, protection of environmentally sensitive areas, and prcscrvation of approximately 33 percent of tile site for pcmmncnt open space. As proposed, and with conditions ' &~: .i~,2,aS're~'°mm.e~td~d by~Gi~,~'prc!iminav/~nlat'~nolicatio'n COmplies.~th ~ provisions Of the . . ' · .. , , . : :. , ,, ~ ~ ~,~ ~., ~ ~-2~.2..~-~'~.~ ~,~.. . , ~ , .~ .,,, - ~,~ - . . ' 5. ' It is ~m ~ ~ &velopmem smd~&'lis~ ~ S~fio~ 20,15:1 ~ou~ 157, ~d 20-158 ~ . .. ' '~ou~h 187.' ' '..' Staff Comment: Development'of this site is requir~ to comply wi~h the'provisions of FWCC Chapter 18, "Environmental Protectton; Chapter 20, ~uu~v s~ons ; Chapter 22, Zomng ; and all other applicable local and state development codes and regulations. As proposed, and as recommended by CiB~ staff, the prelimin~ plat application complies wi~ all applicable statutes, codes, and regulations. X! FINDINGS OF FACT AND CONCLUSIONS Based on an analysis of thc proposed action, environmental record, and related decisional criteria, thc Dcl)artmcnt of Community Development Services finds that: Thc proposed action is to subdivide a vacant 9.84~acre parcel into 29 single-family lots, iu a cluster lot configuration. All adjacent land uses arc single-family residential. There arc wetlands in several locations on thc subject property, 2. Thc prdimina~3' plat application is subject to thc 2000 FWCP, and thc codes and regulations m effect at thc time thc application was deemed complete, which was August 13, 2001. Thc subject property is designated Single Family ltigh Density in thc 2000 FWCP. 4 An Envircmmenla! bfiligated Determination ofNonsign~cance (MDNS) was issued for this proposed action on May 8, 2002. No appeals of thc SEPA decision were submitted to thc City. Zoning for thc site is RS-9.6, (minmmm lot size 9,600 square feet). Properties on all sides el'thc subject property arc also zoned RS 9.6. The proposed residential subdivision and density is consistent with applicable zoning and subdivision regulations applicable to a lot cluster plat. Pursuant to FWCC Section 20-154, the lot size in a cluster subdivision may bc reduccd up to V: thc minimum lot size of thc underlying zoning designation, but in no case smaller than 5,000 square feet. Therefore, the minimum lot size allowed on the project is 5,000 square feet. All proposed lots exceed thc minimum size required and thc average proposed lot size is 6,127 square feet· Pursuant to F\VCC Section 20-153, on this 9.84-acrc parcel, thc maximum number of lots allox~cd is 29. Thc maximum numbcr of lots allowed is calculated by subtracting 15 pcrccnt of thc gross land area for open space and subtracting 20 percent for strccts, and dMding thc remaining ama by the underlying zoning lot size. The 29 proposed lots comply with applicable density requirements. As proposed, each lot contains an adequate size and shapc building cnvclopc to contain a futurc singlc-falnilv residence. Building setback lines (BSBL) arc identified on the preliminary plat map. . . · "-" ', ' space.with approximately '1'.94 acres ofhSable open space: ...- . '. . .' .:.. ' ' .. ' ... 10.' In accordance'with FWCC Section 20-1.54(e), a cluster subdivision must provide ali required open space (15 percent) on site. ' ' .... ' ' '. Total usable minimum open space required for this plat is 42,866 square feet. To comply with the open space requirements, the applicant proposes to provide 84,506 (1.94 acres) of on-site usable open space, contained within Tract A. Tract A is a 146,518 square foot parcel (3,3 acres) that also contains two regulated wetlands and two unregulated wetlands. Access to the usable portion of Tract A is centrally located within Devonshire and accessible from a public street. The usable portion of Tract A is contiguous and provides for active recreation opportunities. The usable portion of tract A has an average slope of less than one percent. The applicant has proposed to develop a portion of Tract A with an irrigated open lawn play area and a children's tot lot. Due to the proximity of the proposed usable open space at a curve in the roadway, street signage should be in~plcmcnted regarding the park area. Tract A will be delineated as a separate tract, and owned and maintained by the subdivision property owners. A note shall be included on the final plat that the open space tract shall not be. developed with any buildings, and ma_,,, not be used for financial gain. 11. Thc subject property is heavily wooded with primarily second gro~h forest. A significant trcc retention plan was submitted with thc application. The significant tree worksheet estimates that approximately 167 significant trees exist on the 9.84-acre site, based on two representative one- acre samples. Although thc significant trees are not evenly distributed throughout the site, approxm~atcly 46 pcrccnt of thc significant trees on the property arc proposed for rcmoval during plat infrastFucturc construction and grading of several lots. Retention of approximately 54 percent of the on-site significant trees complies with applicable City standards. Trees that may bc left on individual lots following the plat infrastructure construction may be, and likely will be, removed during individual home construction. However, any significant trees removed during individual home construction will be subject to the preservation and replacement standards of thc FWCC The clearing and grading limits proposed on plan sheet 4 of 6 (Exhibit 1) will result in clearing and grading a significant amount of the developed portion of the site. In conjunction with construction of thc plat infrastructurc, clearing 12 future individual lots is also proposed to accommodate future lot drainage, overcome minor grade changes on site, and minimize off-site truck traffic. Thc developer has proposed to clear and grade lots 1, 7 - 16, and 24 in cot~juuctioa with the construction of thc plat streets and utilities. 13. Prior to issuance of construction pcrnfits, the applicant will be required to submit a final laudscapc plan addressing open space landscaping in Tract A, storm drainage tract screening and landscaping, street trees, and tree preservation plan. 14. hnplcmcnting thc cluster plat provisions results in a large contiguous open space area on site. Approximately 3.36 acres of on site open space in one contiguous area will bc created by thc plat. Thc on-site open space area links to an existing private open ~ ~ ' t~djaccnt Silvcm'ood developm~fit'of ~e active r~fion ~ ~ Tract ~ may ~ ~ ~o ~e by ~e d~el0per or .. - . · hom~mcm ~s~iatio~ appro~a~ly 12,500 sqU~c.f~t of ~c acfivc open spare is' c~nfly ' - propose'for development ~ vege~ti~n removal. SEPA mn~tion' nmber ~ r~Ukes ~y ~t~e developmen~ of Tract A to be.desi~ ~d-~ct~ to prot~t ~d e~~ ~l~lfe ' . habitat to fl~e maximum extent feasible· .' 15. Several wetlands exist on the subject property. A wetland assessment and delineation by Chad Armour (revised February 25, 2002) revealed several wetlands on and adjacent to thc site· No temporary or permanent intrusions into the three regulated wetlands or wetland buffers are proposed· As proposed, all regulated on-site wetlands and on-site buffers will be preserved and not disturbed. Four small wetlands, each less than 2,500 square feet, are located on thc property. These wetlands arc exempt from regulation under FWCC Section 22-1357. Wetlands DD and EE arc proposed to be filled in conjunction x~4th development of the plat· Thc other two remaining unregulated wetlands (BB and CC) are located within the usable open space area and may potentially be displaced in thc future· Thc City's wetland consultant, Adolfson Associates Inc. (AAI), has reviewed the Terra Associates report and generally concurred with the wetland delineations and findings in a September 24,2001, x~Mtten review· Condition number two of thc SI~;PA decision requires the developer to provide fencing m~d signing thc perimeter of on site wetlands AA and FF, in order to miifimizc potential intentional or inadvertent wetland buffer intrusions by human activity. 16¸ The applicant provided a Revised Wildlife Evaluation by Chad Armour, LLC (revised October 9, 2001). In addition, Mr. Armour provided thc City additional information m an April 4, 2002, letter to thc City. Thc proposed development, when completed, will displace approximately six acres of habitat for small mammals, rodents, reptiles, birds, and insects. Some of these aninials will be eliminated or displaced by thc proposal· In addition, thc introduction of human activities, including domestic animals, to thc site may threaten thc viability of any remaining habitat. Habitat for the pileated woodpecker, classified as sensitive species by the WDFW, w411 be impacted. However, approximately three acres of open space will remain unchanged and continue to provide habitat, lu order to mitigate for potential loss of wildlife habitat, a condition of thc SEPA dctermmatio,~ requires the creation of three snags for usc by pilcated woodpcckcrs. 17 Development of the site will create additional runoff from new imperviot~s surthces such as streets. driveways, and rooftops. Storm drainage facilities are being designed in accordaucc with thc 1998 KCSWDM and thc City's amendmoUs to thc manual. The applicant's prclinfina~5' storm drainage TlR (addendum) by Barghausen Consulting Engineers, Inc., revised March 22, 2002, was reviexvcd and accepted by the City's Public Works Depamncnt. Water quality treatment is required on site, and the applicant has proposed two different optious for stonnwatcr detention. In conjunction with of Gsitc improvements, thc proposed water quality trcatmc~ .... ~ .... :, ~l_ementatmn of one of.the two prgpgsed stormwater detention ovt~ons m,Co~,m~o_ ~.,h,'anee,vath ~.'. '? - . '~(.~.~j., i ': ' ~ '' ~ ~"' ' '~, %. ~::'~ " '2 i ~ ,,,-o~ -;. ~'~"~'.'~' '<~ ~Z'~ %'~ ~&'a'~''?~'' ~);'~ ~5 :":~""~!' ~ ;~ · . · ' . ' i"i 'and'apprOVal of the ~tonn tlr~inage facilities as shown on'the engineering plat/Will 0CCurin . - .. ' . · - '. '" ': .' ..c6njuncfionWithfultdrainagereview·'.- '" , · ' · ' . ' · ." .: ' . ' 1 g. A November 2, 2001; Traffic Impact'Anal~,sis fi'IA) by t~e Transpo Group was. ~ubmitted for the project. Public access will be provided by thc southward extension of 11th Avenue SW and 1~th Avenue SW, and construction of SW 360* Street between l0th Avenue SW and 12th Avenue SW, and by the westerly extension of SW 36 1st Place. In accordance with the FWCC, all street improvements must be dedicated as City right-of-way (except the private access tract) and improved to full street standards. Thc applicant and City conducted a Neighborhood Traffic Safety (NTS) meeting with residents around the area of the proposed plat as requested by City staff. As a result of the public meeting, m order to minimize potential neighborhood traffic safety issues, prior to final plat approval, the developer shall install two speed humps (four total) and signage constructed to_City standards on both 1 lth and 120` Avenues SW, between SV¢ 360th Street and SW 356th Street. Thc City's Traffic Engineer has reviewed thc project and concluded that thc proposed street layout of the Devonshire subdMsion is consistent with thc adopted codes and comprehensive plan in place at the time of the complete application. 19. SW 360* Street is designated as minor collector. All internal streets within the proposed plat of Devonshire arc designated as local streets by the FWCP. Half-street improvements to SW 360*~' Street frontage arc required by the FWCC, and full street improvements within the plat arc required by the FWCC. A 30-foot wide strip of land along the entire western boundaD' of the plat is provided for future potcutial construction of 12* Avenue SW, as conceptually depicted in the 2000 VWCP. Constructioa of 12th Avenue SW, south of 360* is not required. Ail public right-of- ways will be dedicated to thc City. One private access tract is proposed and must meet applicable City standards. Private access will be owned and maintained by those lot owners receiving access from each tract. 20. Thc project applicant provided a school access analysis as a part of thc TIA. The frontage improvements on SW 360* Street and internal plat sidewalks, in conjunction with existing walking area will provide a safe pedestrian route of travel to school children who walk to Illahcc Junior }tigh School. Elementary and senior high school students from the development will receive bus transportation to and from school. 21 Water and sewer facilities arc available from the Lakchavcn Utility District and arc adequate to serve thc proposed development. It is the applicant's responsibility to secure all ncccssaD, water and sewer scrviccs from thc utility provider. The proposed prclimiuaL¥ plat is permitted by FWCC Chapter 20, "Subdivisions," and Chapter __, Zoning 23 Thc proposed subdivision and all attachments have been reviewed for compliance with thc FWCP; FWCC Chapter 18,' Environmental Protection ; Chapter 20, Subdivisions ; gl:tf!' IGc?fl h~ ll~c I lear iu~ }'~xaminc~ Page 1 5 24. ~ar tofmal.pht appro~d.~d r~r~g, dl rquk~.~d npprov~ ~provemen~.~ be .. ~ct~ Or ~e ~provemenm ~pmpfiately bond~ per Ci~ ~e req~emenm. '. Xll RECOMMENDATION Based on review of this application, environmental record, and pertinent decisional criteria, the Department of Community Development Services recommends approval of the preliminary plat subject to the following conditions: Final plat approval shall require full compliance with drainage provisions sat forth in thc FWCC. Compliance may result in reducing the number and/or location of lots as shown on the prcliminao, approved plat. Final storm drainage engineering plans shall comply with the following: Drainage plans and analysis shall comply with thc 1998 KCSWDM and amenchnents adopted by the City of Federal Way. City of Federal Way approval of the drainage and roadway plans is required prior to any construction. On-site stormwater quality treatment shall be provided using the basic water qualit_v menu options of thc 1998 KCSWDM as amended by thc City of Federal Way. C. Thc storm water runoff control (detention) for Devonshire must mcat and inq)lcmcnt one of the following alteruatives: 1) Analyze thc downstream drainage system to thc S\V 356~ Street regional stormwater facility to verify adequate capacity; aim design and reconstruct any portions of the conveyance system ncccssaO' to accommodate thc increase in runoff. In addition, thc applica}~t will be rcquircd to pay a pro-rata share for off- site detention capacity to be determined by thc City. Thc final plat shall not be recorded and construction of the offsitc drainage conveyance system shall not begin until the City's proposed SW 356'h Regional stormwater facility is operational; or An on-site stormwatcr infihration or detention facility shall bc designed and constructed in accordance with Chapter 5 of thc 1998 KCSWDM. Adequate capacity of the dox~strcam couvcyancc system from Devonshire Plat shall bc verified and improved as ncccssao,. Additional excavation of the closed depression on City-owned property will bc required to compensate for thc increased runoff volume fi-om Devonshire, with accompanying calculations required Final review of thc stomm, atcr quality and detention will occur in conjunction with thc lhll drainage rcvicw, ~ ~ ~ ~}}: 5,:.,'c~ ,';' ', ' ',,', 5!: !lc: 'I~?,lix:l ~i ~cr Paoc lC~ · '" :" - ' ' ' ' identifi~.duringengin~ring Plan review, ~ required by. thc Pub!i~..Works Director..Engi~r/ng i" .... approval shall.not be gran.t.cd ir'it is determined that propos .e2] mitigation is not adeclt~ate to'addms~ " the impacts o£the project. " " " .. · 3. Thc final plat drawing shall establish Tract A in an open space tract to be o~e_A in common and maintained by property owners of the proposed subdivision. The final plat note shall include provisions, prohibiting removal or disturbance of vegetation and landscaping within the regulated wetlands and buffers in Tract A, except as n~cessar~ for maintenance or replacement of existing plantings and as approved by the City. Additional vegetation ma}, be located in the open space tract to meet the MDNS condition as approved by the City. A note shall be included on the final plat map that thc open space tracts shall not bc developed with any buildings, and may not bc used for financial gain. 4. Prior to issuance of construction permits, a final landscape plan, prepared by a licensed landscape architect, shall bc submitted to the City for approval, and shall include the following elements: A. Open space landscaping in Tract A; B. Street trees in right-of-way landscape planter strips; C. Trcc prcsc~x'ation plan; and Visual screening of the storm drainage Tract C from adjacent right-of-way with landscaping and/or fencing. Cyclone fencing, if uscd, shall bc coated black or green, and shall bc screened by vegetation. The proposed subdMsion shall comply with thc/993 King CounO~ RoadSlandards (KCRS) as amended by thc City of Federal Way for this project, including the following requirements: SW 360~h Street shall be improved along the frontage of the project as a Minor Collector, half-street improvement. Improvements will include dc&cation of 30 feet of new right-of-way to combine with thc existing 30 feet of right-of-way for a total of 60 feet. SW 360th Street shall be improved with a minimum of 20 feet of pavcment, vertical curb and gutter, four-foot planter strip, street trees, streetlights, and six-foot wide sidewalk (curb, planter and sidewalk only on south side. Iutcmal plat strccts shall bc improved as local strccts, which include 52-foot wide right-of- way and 28-foot pavement width. Vcrtical curb and gutter, four-foot planter strips, and five- foot wide sidewalks shall be providcd on both sides of thc street. Streetlights and street trccs shall also be provided Tracts t3 shall bc improved to the private access tract standard and shall be limited to se~x, ing a maximum of four lots. ]['he lots that abut these tracts for access shall have undivided ownership of the tract and bc responsible for its maintenance. The maintenance agrccmcnt for thc private access tracts shall be included on thc plat and thc language approved by thc City. -. ,' .. ' ' . '1~. to a m~ of 150 f~t'~°m ~am 6(c~ m end~f ~e Uact' .~ . · ..-. · . D. S~'shall have a mm pavement s~tion of~ inch% Cl~ B ~phalt over Seven .' inches of cmsh~.~uffaciag on all internal ~m ~d t~ inch~ CIasg B asphalt over eight inches of crashed surhcing on SW 360~ Street to sup'po~ thc traffic load~. Clearing for thc construction of thc plat improvements (roads, pond and utilities and 12 lots) shall be generally consistent with thc clearing limits depicted on the Preliminary Road Grading, Storm Drainage, and Utility Plan, Shcet 4 of 6, that was prepared by the applicant for the preliminary plat process. Thc clearing limits rcfcrcnccd above are the approximate clearing limits necessary for road, utility, pond, and necessary lot grading, and may bc modified with the approval of tile Conmmnity Dcvclopmcnt and Public Works Departments during final engineering plan review as required to reflect changes in road and utility designs, if any. As required by tile Public Works Director, prior to final plat approval, thc applicant shall install two speed humps (four total humps) and signagc constructed to City standards on 1 Im Avenue SW and 12~' Avenue SW between SW 360th Street and SW 356~ Street. As required by the City, in order to mitigate potential safety impacts, duc to thc proximity of thc proposed usabtc open space area (Tract A) near a curvc m thc roadway, strcct signagc should be implemented ~cgarding notification of the park area. A plan for street signage shall bc approved by the City, and signage implemented prior to final plat approval. XIII lAST OF EXIlIBIT$ Prclimina~x, Plat of Devonshire revised 12/07/01, Significant Tree Retention Plan 4/11/01, Prelmmaarv Road Grading and Utility Plan revised 12/7/01, Prclimma~, Road and Utility Profiles and Sections revised 12/7/01, Prcliminau' Water Quality Pond revised 12/7/01, Preliminary Street Tree Plan 7/6/01, Preliminary Pond Landscape Plan rcviscd 12/6/01, Prototype Site Plan and House Elevations, revised 3/4/02, all by Barghauscn Consulting Engineers 2 Master Land Use Application 3 Petition on notice ot7 application and eight comment letters 4 City response letter to public comments, September 18, 2001 ~ SI:]PA MI)NS tbr l)cxonshirc (; SEPA Checklist tbr Devonshire 7 Final Staff Evaluation lbr SEPA Checklist, Devonshire ~. Armour Wetland Assessment and Delineation, Fcbman, 25, 2002 9. AAI Wetland and Wildlit~ Assessment Review, September 24,2001 10. Armour revised Wildlit~ habitat Evaluation, October 9,2001 I 1. Armour Wildlife }tabitat Letter, April 4, 2002 12. Lcttcr fi-om Thomas Barghauscn, December 10, 2001 I g Traffic hnpact Analysis by The Transpo Group, November 2,2001 14. Letter from Gcri Walker. Federal Way Public Schools, March 14. 2001 .... · 17..Lakeha. ve~i lJtility Dislric't. Lettet of Water A{,ailal/ility, May.-23,200.1 . '. " " 18: Preliminary Storm Drainage. Te6hnical Information Report for Devonshire, revi~. February 2i, 2002 · ' 19. Preliminai5, Storm Drainage Techni~a! inforniafion R.eport.addendum~fo/' .De~/onshire, revised · · ' March 22, 2002 ' ' " - ' ~ ' · Note: Copies of exhibits are not attached to all copies of this report. All exhibits have been provided to the Hearing Examiner. q'RANSMFI'TED TO TIlE PARTIES LISTED HEREAFTER: Federal Way Hearing Examiner Applicant Agent S G. Wayne Potter, Barghausen Consulting Enginecrs -! FEDERAL.WAY` WASHINGTON' · ; .... ¢~o LOT I_NE)EX OFS~HE~TS: S.W, 363RD ST -. DE voNSHIRE A P~RTION OF THE NW 1/4 OF sECTION 30. TOWNSHIP 2l N I~ANGE 4 E NM ' LANE ¢,~F] L AND )D VICINLTY MAP .-- f I~ I!-,q / SER_VICE S uJ0 : ~ . ~..~ ~ ,~, .-~ .~ . ,... ' ' " m.-. . ~'- ~ . ~'~ , ~ ~:~:'~ ~ ' . ~,. ' . '. '~'~" .7.. . : ~.' '' ' · .' .' ~ · .~ - ' . . ' ~EDE~. WA~, '~-WXS~GTONi ~PRO~G...~' .' ' '.' ~ ..' . ' . .'., .CO~iONs'.T~ p~L~~y PLAT. OF:.DEvoNS~,, -" ."' ' ' '" ~' ' FEDE~L WAY FILE NO. 01-102703-00 SU.' .. " " .. WIIERI';AS, the owners Mr. John Leonard and Mr. and Mrs. Harold Strand, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Devonshire and consisting of 9.84 acres into txventy-nine (29) single family residential lots located south oFSW 360th Street between l0th Avenue SW and 12th Avenue SW; and WI II~REAS, on May 8, 2002, an Environmental Mitigated Determination of'Nonsignificance (MDNS) was issued by the Director of Federal Way's Department ot'Community Development Services pursuant to the State Environmental Policy Act (SEPA), RCW 43.2 lC; and WI IISRI;AS, no commenls or appeals on the M DNS were submitted to the Department ol'Communit> Development Services; and WtlERI~AS, thc Federal Way Land Use Hearing Examiner on September 10, 2002, held a public hearing concerning the Devonshire preliminary plat: and WI IEREAS, folloxving the conclusion of said hearing, on October 16, 2002, the Federal Wav Land Use Iqearing Examiner issued a written Corrected Report and Recommendation containing findings and conclusions, and recommending approval of thc preliminary plat of Devonshire su[~ject to conditions set Forth therein; and WtlERI~AS, thc Federal Way Land Usc Hearing kXaminer on October 21,2002, issued a revision to condition number six of thc October 16, 2002, Corrected Report and Recommendation; and WI IERI~AS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20- 127 of the Federal IFqv Ci0~ Co¢& to approve, deny, or modify a preliminary plat and/or its conditions; and ,i~.W.HERFA~ S,'o~ NoVemb~ 4 2002~i.~!ty~_Cg.u it La~d' on'C0m ' ' ,:~ ~ ': "' , nc Use ~d T~s~ti mince ,:~: .:. .-~eonsid~ ~e/*~6rfl~d~e-He~g'E~mev~mmendfit!Ofi,.on~e~.D~o,sh~e prenmm~pm~~:*', .; . .. · . '. ' pursuant lo. Chapter 20'of Federal ~ Ci~ Code, Chapter 58.17.RC~, and all o~er applicable Ci~ codes, and voted to fo~ard a recommendation for approval of the proposed Devonshire prefimina~ plat to the City Council, with no changes to the Hearing Examiner recommendation; and WIfEREAS, on November **, 2002, the City Council considered the record and the Hearing Examiner recommendation on the Devonshire 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 TI Iii CITY OF FEDERAL WAY, WASttlNGTON, DOES ttEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions. 1. The findings of fact and conclusions of the Land Use Hearing Examiner's October 16, 2002, Corrected Report and Recommendation, and October 21, 2002, revision attached hereto as Exhibits A and B and incorporated by this reference, are hereby adopted as tile findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. 2. Based on, i,ler alia, the analysis and conclusions in tile 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 xvays, transit stops, potable water supplies, sauitary waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are Rl!s It ...... P,x(;P: 2 viic ;/01-102793-00-SU / Doc 11) 20771 'required by .City code and state law, ~in~ provides for sjd.ewall~.and other p. la~.~ing fbatui'es to assure safe Ea.i · .. . · gvalking c~ndifions for ~dents who' to,~d, fr6~, sehobl, . -" · · ·: - ' · Seetion.2.'APpllcation 'Approval.:B~ed upon .~e. re~mmendation of ~e Federal Wa~ ~d Use "Hearing Examiner an~ fin~ing~ and .concius'ions contained' therein 'as adopted by the CiW Council . immediately above, the preliminary plat of Devonshire, Federal Way File No. 01-102793-00 SU, is hereby approved, subject to conditions as contained in the October 16, 2002, Corrected Repo~ and Recommendation of the Federal Way Land Use Hearing Examiner and October 21,2002, Hearing Examiner revision (Exhibits A and B). 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 flint the public use and interest will be served by thc platting or subdivision of the su(ject property. Should any cou~ having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed prelimilml'y 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 tbr 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 ~kwward such recommendation to thc City Council lBr further action. Section 4. Severabililv If any section, sentence, clause, or phrase of this resolution should be held to bc in~ alid or unconstitutional [)2 a corn t ol'c~>mpctci~tjurisdiction, ~uch mxalidit3 or unco~stitutiomflit3 shall not afl,ct the validity or constitutionality of any other section, sentence, clause, or phrase of this resolutiom Section 5. Ratification Any act consistent with the authority and prior to the effective date of the resolution is hereby ~atified and afi'irmed. [xl 5~ :: , [(.\tlf , RESOLVED BY THE CITY CoUN'CIL OFTHE CITY OF FEDERAL' WAY, WASHINGTON, THIS DAY OF ,2002. CITY OF FEDERAL WAY MAYOR, JEANNE BURBIDGE ATTEST: CITY CLERK, N. CIIRIS'F1NE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICtlARDSON FILED WITH TItE CITY CLERK: PASSED BY TIdE CFIY COUNCIL: RESOLUTION NO. RES # , PA(il._' 4 File #01-102793-00-SU / Doc ID 20774 ° leral Way DATE: November 4, 2002 TO: Eric Faison, Chair I.and 1. Jse/Transportation Committee FP.()?,I: VIA: f.'urvM. Ix{c .l'..I)ircctorl'ublic Work,. i)Jvid tt. Mo.sclcy. ( ~tv Mmaa~cr S['B,IE('T: St}ufll King ('ountx Franslmrtation B.ard f';('..Vl'i*,d).-\grecmcn! I1.-\(~ K(; I~.( ) I' X I'~ l'hc <,C .VI tM. :\lUcia includes hl;.tx~i' .lc:renu tq.'bid,~c ;is S('.\ IBd \ icc-( h;m' is ~cqucsting lhat thc l.:md sc RI{COM Ni I{N I),.\TI ON Ai'I'i,~OVAI~ OF COMMITTEE I~Ei'ORT: i{ric Fais.n, Chair Michael l'ark, Mmnbcr Dean Mc(?olgan, Nlcmt~cr ! ):~',, I.hlc AGREEMENT For the SOUTH COUNTY AREA TRANSPORTATION BOARD Parties to Agreement City of Algona .City of Auburn City oi' Black Diamond City of Buricn City of Covington City of Des Moines City of Enumclaw Mucklcshoot Tribe City of Federal Way King County Git}, of Kent City of Maple Valley City of Milton City of Normandy Park City of Pacific City ()I: Sca'Fac City of Tukwila Pierce Transit Port of Seattle Puget Sound Regional Cotlncil Sound Transit Transportation Improvement Board Washington State Department of Tran'xportati<>n 'l'ransmittcd lo participating 'I'1'115 AGREEMENT is made and entered into by and umo~g tt~c CITY ()t: AI.GONA. hereafter called "Algona": thc CITY OF AtJBLTRN. boreal'tot called "Auburn": thc ('I'I'Y ()F BI.ACK DIAMOND, hcrcaI'tcr called "Black Dian~ond": thc CITY OF BURIEN. lic~caftcr culled "Burien": thc CITY OF COVINGTON. hcrcaflcr called "('oving~on": tl~c ('ITY (3F DES MO1NES. hereafter called "Des Moincs": thc CITY OF ENI IN, ICI_AW. hcrcuflc,' called "Enumclaw"; thc CITY OF FEDERAL WAY. hcrca[ter called "Federal XVav": KING COUNTY, a legal subdivision of thc State of Washington. i~crcal'ter called "KilI~ ('O[llllV": the CITY OF KENT. hereafter called "Kent": the CITY OF MAPI~E VAIJ J~Y. here'after called -Niaplc Valley": thc CITY OF MILTON. hereafter called "Milton": thc CIqY OF NORMANDY i'ARK, hcrcal'tcr called "Normand~ Park': tl}c Ci'I'T O[5 }'A('IFIC. hcrcaltcr tailed "Pacific": thc CITY OF RENTON. hereafter called "Rcnlon": tho CI'I'Y el: SIL'VI':X(:, boreal'tot called '%caTac": the CITY OF TUKWILA, hercaI'tor called "Tukwila": thc PUG[(I' S()UNI) REGIONAI~ COUNCIl.. hereafter c'allocl tho "PSl<C": tho C[SNTRAI. RE(iI()NAi. TRANSIT Atq'IIORI'I'Y. hcrcal'lcr called "5,x}nd Trim,it": thc IRANSI~OR'I'AI'ION IMPROVEMENI' f~OARD, licicaltcr called "Tlb": flic Pt)fY1' OF 5EATI'IAL hcrca[lcr called ibc "Port of Seattle": I~IERCI{ 'IRANSIT. hcrcM'tcr called "Pierce Transit"; the MUCKLESHOOT TRIBE; and the WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, hereafter called ."WSDOT." WHEREAS, South King County has a history of multi-jurisdictional transportation planning dating back to the late 1970's including the Green River Valley Transportation Action Plan (GRVTAP); which was a multi-jurisdictional effort coordinated by the Puget Sound Council of Governments (now Puget Sound Regional Council) and involving King County, the Washington State Department of Transportation, (WSDOT) and the cities of Auburn, Kent, Renton and . Tukwila; and \VHER[{AS. ouch of thc jurisdictions in the South King (7ounty area has experienced significanl population ~i-okuth and economic development in thc last decade, and projects continued and development in thc future; and Wi tt:A<[!:'~S, tl~c enormous cost of many of thc nccclcd transportation improvements 'and their importance 1o 5curb King County as a whole demonstrate thc need for a coopcr'ativc approach to thc planning, l'inm~cing and construction of these improvements: and Kent. Rcmon. Tukwila. SeaTac. Burien. Federal Way. Algona. Pacific. Milton. N()rmumtv Park. gnumclaw, and Black Diamond in 1992 recognized that a cooperative approach to thc thc S~ulh ('(~untx ,,Xrczt l'ransportatioi~ Board {S(~,,X'l~lgd} lo Nerve ;tx ;1 central I~orum l'<~r x~lvin~ \VltfiRI{AS. lhc King County (;ol~prchcnxivc t>lun for Public l'ransi~ortati{~n - l.~,i~ Policy Fr'amcw{~rk, adopted in 199t. divided Nlcrro set\icc into lhrcc ?{~r;~phic ,ub:~rc:t~ for TI-:HlxI)oFT;I[iO!I t3o;trd. ;~nd SeaShore irallCpO!-t;t[iOtl [;ortl111) to review, rCfillC. :H~(t I-0CoI/11/1011(t service priorities Io thc King CoHnty ExcctHivc: and \\"ftF. REAS. Sound Transit relics on the three subarea transporlmion boards to R t~V IHW AND recommend modifications to Sound Move Plan implementation related services and prqiccts, and NOW. THERE[:ORE. in consideration of thc lnUtu'at covenants contained herein, the pm-tics heroic ;tgrcc irs follows: 1.0 l'ui'i)(}sc of Agrecillent The purpose of the Agreement is to identify the voting and non-voting members of the South' County Area Transportation Board (SCATBd), and provide for the continuation of the SCATBd as the South County forum for information sharing, consensus building and coordinating to reso'lve transportation issues. 2.0 Role of SCATBd The SCATBd is the forUm established for the South County subarea of King County (Exhibit 1) at which elected officials may provide input into the following decisions, and such other transportation-related issues as the members determine: · development of the King County Metro Six Year Transit Development Plan · implementation of transit service priorities · recommendations for Transportation Equity Act for the 21 st Century (TEA-21) regional project identification and Countywide project selection · recommendations for modifications to Sound Move Phm service implementation-related services and projects and development of future Phase I[ planning efforts. Thc other two subareas have similar forums: thc Eastsidc Transportation Partnership and the SeaShore Transportation Forum. 3.0 Voting and Non-Voting Members 3. l. The lllCl/lbcrs of SCATBd and their voting rights shall t0c as follows: MEMBERS ;\uburn Black Diamond Buricn Covington Des Moincs EnUlnClaW Federal Way Kine= County KCllt daplc Valley Milton Muckleshoot Tribe Normandy Park Pacific P, cnton SeaTac Tukwila Port of Seattle NIrMBER OF R E PR F~S [';NT.;VI'IV ES V()TIN(; Yes Yes Yes Yes Yes Yes Yes Yes Tcs Yes Yes Yes St) Puget Sound Regional Council 1 No Sound Transit 1 No Pierce Transit 1 No Transportation Improvement Board 1 No Washington State Department of Transportation '1 ' No Muckleshoot Tribe 1 Yes 3.2 Existing or new cities legally formed under the laws of inc6rpomtion of the State of Washington may petition SCATBd for membership. The number of SCATBd representatives and the status of new members shall be determined by a simple majority of voting representatives present at a meeting of the SCATBd at which a quorum is present. 3.3 Private sector groups that represent the South County may be added as nonvoting members in SCATBd as determined by a simple m~0ority of voting representatives present at a meeting of the SCATBd at which a quorum is present. 4.0 SCATBd 4.1 Each member city shall be entitled to one position oil the B6ard. King County shall be entitled to two positions, one for the King County Executive, and one for a King County Councilmember representing the South King County area. The Port of Seattle, PSRC. 'FIB. Pierce Transit, Sound Transit and WSDOT shall bo entitled to one position each. Each member shall appoint one representative and one alternate to the Board, each for one year terms. For the County and cities, the representative shall bo an electcd official: thc alternate may bo an clectect official or high level staff member. 4.2 The Board will be responsible for overatl program direction, approving Technical Advisory Committee reconlnlcndations, and on-going commm~ication with thc governing body of each member_jurisdiction. 4.3 A ma_jority o£ thc voting representatives shall constitute a qtlOrUlll of thc Board. which shall be required to conduct business. Thc Board shall act by m:0ority vote of thc quorum. The Board shall establish ils own bylaws and rules of procedure, and may modify these as appropriate. Such bylaws and rules shall bo co~sistent with Ibc provisions of thc Agreement, and modifications to such bylaws and rules will not alter this A~reemenl. 4.4 The Chair and Vice-Chair shall be electccl by a majority of thc voting representatives on thc SCATBd, a~ld each shall be one of the representatives of the county or il member city. The Chair and Vice Chair shall serve a term of one year from Jalnlary I through December. 4.5 Thc Chair and Vice Chair shall conduct the SCATBd activities within adopted procedures and ~uidclincs. They arc responsible for scttin~ meeting, asendas, ensurino fair opportunity for discussion, signing correspondence, and speaking on behalf of SC,;XTBd, 4.6 With a simple majority, the SCATBd can adopt resolutions in support.of member jurisdictions or regional activities, authorize studies, approve correspondence or request information. 5.0 Committees 5.1. The Board may establish such committees as are necessary to carry out its purpose including but not limited to a Technical Advisory Committee as described below. Ottnc~',jt~risctictio~s, a~?ncics, or groups ma~y bc added ars ctctc~-mi~ed b)' thc Botch-ct. '['hc 'l'A(' 6.0 i.et~tl Agent?' (2) Member Jurisdictions: Costs shall be shared among member jurisdictiOns other than King County by a method as determined by action of the Board. Unless agreed to otherwise, King Couniy's share shall .be limited to' the costs of providing staff support. (3) Member Agencies: The member agencies shall not be expected to make a direct funding contribution. However, subject to the availability of member funding, in-kind contributions may be necessary as determined by an action of the Board. (4) Modification to Agreement Required: A modi£ication to this agrecmont specifying cost- xharin,, purpose, scope of work and other details ix required 1o olMi~,ate a menat,cr jurisdiction Funding participation. 11}.0 Wilthdrawal of a Part)' fi'Oiii thi.s ,:S, grecment l'rom participation in this Agreement by providing wrilten notice, sent certified mail. return rcccip~ required, to all of the other parties at least thirty (30) days in advance of thc ot'fcctivc ctaic ll]Clllt~CI'. I 1.11 Duration ihi.$ .,\grecn~clH shall lake cfi'cci tlpoH bcin.,.z ctulv adoplcd t>v thc 5~()~ CI'I/II]~ I~odics of all pzH'lics Sec:lion 1 7.(). 12.0 Termination IcrminzitioD lo be clTcclivc. If all t);li-lics ctcsirc to lcr~/imttc this A~l'CCll/Cl/[. they shall contributions. Any remaining funds shall be refunded to the parties to this Agreement according to Section 14.0. 13.0 Real and Personal Property The acquisition of real property is not anticipated under this Agreement. Any personal property acquired pursuant to this Agreement shall be held by the Lead Agency. In the event this Agreement expires or is terminated in accordance with Section 12.0, any personal property other than cash shall remain with the Lead Agency. 14.0 Return of li'unds At st~ch time ~s this ~\grccmem expires or ix tcrmin:ttcd in :~ccord~tnce with Section 12.0, 15.1} Filing 16.0 Legal Relations 16.1 The parties shall comply with all applicable state and federal laws and regulations. 16.2 This. Agreement.is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. No employees or agents of one party or any of its contractors or subcontractors shall be deemed, or represent themselves to be, employees of any other party. 16.3 Eacla party shall defend, indemnify and hold hari~aless the other parties it~ct all oF their olTicials, c~aployecs, pri~cipals at~ct agents fro~u all clai~x~s, clcma~ds, suits, actio~s. ;~nd liability oF i~ny kind whatsoever wl~ich arise out of, arc con~ccted with, or are incidc~t to a~y i~cgligcnt ztcts of l]~c indemnifying party, its contractor, and/or employees, ngen~s, and rcprese~tatives in performing thc inclc~it'ying party's oi. Migations under t!~is 2~greement. The p~trtics :~gree tb~tt tt~cir olMigntio~s tH~dCl' l{~is [):tl'ilgY:fph extend to claims ~ade agai~st one party 1o5,' tt~e other toavty's ow~ c~HMoyccs, l:ov tl~is purpose, thc pnvtics, by ~utual ~egotii~tio~, hcreE->v witivc, its ~'ospccts thc other party o~lv. ~nv immtmity that would otherwise bc available ng:~i~qst such claimers u~dcr the i~dustvial i~su~'a~cc provisio~s of RCW Title 5 1. In thc cvc~t il~>' plt~-ty i~curs 17.0 IC~tirety ired ~i(,dilSc}~ti(ms I S.O Counterparts 'l'hc si?~ttul'c t)agcs of Ii,is Agvec~ent ~ay bc cxcct~tcd i~ at~>' ~t~t>er of COtll!lcrl):.l.l'ls. ,21tell of Signature Page IN W1TNESS WHEREOF, the Parties have caused this Agreement to be signed and delivered by its duly authorized .officer or representative as of the date set forth below its signature. CITY OF ALGONA By. Date CITY OF AUBURN By. Date CITY OF BI.ACK DIAMOND By Date CITY OF BURIEN By Date CITY ()l: C()V INGT( )N By Date CITY OF [)ES MOINES By Date CITY OF ENUMCLAW By Date CITY OF FEDERAL WAY gv [)atc KING COUNTY '. By_ Date C1TY OF KENT By. Date CITY OF MAPLE VALLEY By. Date CITY OF MILTON By Date CITY ()F N()RMANDY PAIhK By Date CITY OF PACIFIC By Date CITY OF RENTON By Date CITY OF SEATAC By Date CITY OF TUKWiLA By Date PIERCE TRANS1T By Date PORT OF SEATTLE BY Date PUGET SOUND REGIONAL COUNCIL Date SOUND TP.:\NS IT By Date TRANSPORTATION IMPROVEMENT BOARD By Dale WASHINGTON STATE DEPARTMENT OF TRANSPORTATION B v I)ate MUCKELSHOOT TRIBE Bv Date