LUTC PKT 10-01-2001October 1, 2001.
5:30 pm
.... City of Federal, W"ay "
· ..~ city Council
Land Use/Transportation c°~mittee
· city Hall
Council Chambers
2.
3.
4.
MEETING AGENDA
CALL TO ORDER
Approval of Minutes of the September 17, 2001, Meeting
PUBLIC COMMENT (3 minutes)
BUSINESS ITEMS
Preliminary Plat of Tuscany
Cottages at Hoyt Road Preliminary Plat
Comprehensive Plan Site-Specific Amendments
Action Barker/15 min
Action Graves/10 min
Action Clark/30 min
FUTURE MEETING AGENDA ITEMS
ADJOURN
Committee Members:
Dean McCo/gan
Jeanne Burb/dge
Eric Faison
City Staff:
Kathy McC/ung, D/rector, Community Deve/opment Services
Sandy Lyle, Administrative Assistant
253.661.4116
I ~LU:rRANS\October I, 2001 I.UTC AGN doc
September 17, 2001
5:30 pm
City of Federal Way
City Council
Land Use/Transportation Committee
City Hall
Council Chambers
MEETING SUMMARY
In attendance: Committee members Dean McColgan, Chair, Jeanne Burbidge and Eric Faison; Deputy Mayor
Linda Kochmar; Public Works Director Cary Roe; Assistant City Attorney Karen Kirkpatrick; Deputy Public
Works Director Ken Miller; Deputy Director for Economic Development Patrick Doherty; Street Systems
Manager Marwan Salloum; Traffic Engineer Rick Perez; Surface Water Manager Paul Bucich; Traffic Engineer
Raid Tirhi; Administrative Assistant Sandy Lyle
CALL TO ORDER
Chair McColgan called the meeting to order at 5:31pm.
APPROVAL OF MINUTES
The summary of the August 20, 2001, meeting was approved as presented.
3. PUBLIC COMMENT
4. BUSINESS ITEMS
A. Tax Exemption Ordinance - Staff reported that all South Sound jurisdictions, including Federal
Way, are competing for development and redevelopment from the same companies. Without changes
in current policies, our downtown may not redevelop in accordance with the Comprehensive Plan vision.
One potential means to development/redevelopment is a tax exemption ordinance. This program,
driven by the Growth Management Act (GMA), is designed to make housing projects more appealing to
investors by freeing up capital and reducing operating costs. Advantages include meeting housing
targets; proximity to parks and transit centers; higher land values in the downtown area; housing as a
chief component of redevelopment, which keeps the City awake after the close of business; lesser traffic
growth per unit due to higher use of public transportation; provision of a different kind of housing;
creating housing nearer jobs; and increasing density downtown. Exemption is property tax only on
residences for a period of ten years; sales tax, property tax on retail and any potential mitigation fees
would be paid in full. The Committee discussed the issue at length and asked questions. An amended
motion to approve was m/s/c with Chair McColgan dissenting. A revised resolution will be reviewed by
the City Council at its October 2, 2001, meeting.
B. 2002 Asphalt Overlay Program Preliminary Project List/Authorization to Bid - The
Preliminary Project List for the 2002 Asphalt Overlay Program was reviewed and m/sic to the City
Council for approval at the October 2, 2001, meeting. Staff pointed out that the list is traditionally larger
than there are funds available. Should budget money become available, the plan is in place about
which roads to include in the overlay project. The total funding available is $2,245,113. Estimated total
program cost is $2,676,867. Kudos were given to the program with the addendum that annual asphalt
overlays at a relatively small dollar amount keep the streets in Federal Way among the best of any
jurisdiction in the county.
C 200'1/2002 FWSD Capital Facilities Plan - The City received the Federal Way Public School
District's 2001/2002 Capital Facilities Plan with the proposed revised school impact fees. The new fees,
to be effective January 1,2002, are $2,616 per single-family dwelling unit and $896 per multi-family
dwelling unit. The change reflects a $94, or 3.5%, reduction from the $2,710 single-family rate and $66,
or 8%, increase from the $830 multi-family rate from the 2001 level. The Committee m/s/c
recommendation of approval of the new school impact fees to the City Council at the October 2, 2001,
meeting.
D. Brigadoon 2001 Neighborhood Traffic Safety Project - The residents of Brigadoon
th rd
th
Elementary (35 Avenue SW to SW 340 Street to SW 333 Street) have requested the installation of
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speed humps in the area based on concerns of high traffic speeds and cut-through traffic. A traffic
study conducted in March 2001 indicated that the total severity score for the subject location is 5.0
points, which meets the 3.0-point minimum to qualify for speed hump installation. After a meeting with
neighborhood residents (three of whom attended the meeting but declined to speak), consensus was
reached to propose the installation of four eight-foot wide speed tables in order to mitigate the identified
problems. The Committee m/sic recommendation of approval of the proposed speed humps to the City
Council at its October 2, 2001, meeting.
OTHER
Rick Perez introduced Traffic Engineer Raid Tirhi to the Land Use Transportation Committee. He
replaces Hazem El Assar who recently took a position in Orlando, Florida.
FUTURE MEETINGS
The next meeting will be held in Council Chambers at 5:30 pm on October 1, 2001.
ADJOURN
The meeting adjourned at 6:45pm.
I:~LU-TRANS\September 17, 2001 LUTC Minutes.doc
MEMORANDUM
DATE:
TO:
FROM:
VIA:
RE:
September 24, 2001
Land Use/Transportation Committee (LUTC)
Kathy McClung, Director of Community Development Servic~C''~''
David Mosel~~anager
Preliminary Plat of Tuscany
Federal Wa~, File No: 00-104313-00-SU
STAFF RECOMMENDATION
Staff recommends the Land Use and Transportation Committee forward to the City
Council a recommendation approving Preliminary Plat of Tuscany with conditions
based on the findings and conclusions in the September 18, 2001 Heating Examiner
Report.
SUMMARY OF APPLICATION
The applicant requests preliminary plat approval of a twenty-two (22) lot single family
residential subdivision on a 6.32 acre parcel as provided for under Federal Way City
Code (FWCC) Chapter 20, Subdivisions, subject to City Council approval.
me
REASON FOR COUNCIL ACTION
Pursuant to FWCC Section 20-127(a), the City Council issues a final decision at a
public meeting after review of the Hearing Examiners recommendation. Consistent
with how land use matters are currently processed by the City, preliminary plat
applications are brought to City Council Land Use and Transportation Committee for
review and rec6mmendation prior to review by the full Council.
IV.
HEARING EXAMINERS RECOMMENDATION
On September 18, 2001, the Federal Way Hearing Examiner issued a recommendation
(attached) to approve the proposed preliminary plat subject to the following conditions:
Preliminary Plat of Tuscany Subdivision,
LUTC Memorandum
Page 2
The applicant shall obtain the services of a qualified geotechnical engineer to review
engineering design and specifications; be present on site during all land surface
modification activities, including excavation of infiltration pond to ensure the pond
bottom is established into soils which can support infiltration rates; verify
subsurface conditions; inspect and conduct compaction tests for the roads, building
lots, infiltration pond and retaining walls; ensure implementation of the
recommendations in the geotechnical reports; and provide the city with any
additional geotechnical recommendations for plat construction and future homes on
the site, including revegetation of disturbed areas and lot drainage adjacent to the
steep slope; subject to determination by the Directors of Community Development
Services and Public Works. In addition, prior to final plat approval, the infiltration
system shall be required to be operational and approved by the Public Works staff.
This shall include infiltration tests conducted by the applicant and visual inspections
to demonstrate that the design infiltration rate is being achieved and the system is
functioning properly.
2. Prior to final plat recording, the preliminary plat map shall be revised as follows:
(a)
(c)
(d)
(e)
(f)
(g)
Notation that all driveways must be set back a minimum distance of 25'
from adjacent intersections;
Language reflecting conditions number 2, 3, 4 and 5 from the October
17, 2000 shared storm drainage facility variance.
Language dedicating all public rights-of-way to the City of Federal Way;
Language establishing responsibility for maintenance of cul-de-sac
landscaping with Homeowners;
Language establishing responsibility of the applicant for the removal of
the temporary cul-de-sac on 4~ Avenue SW in conjunction with roadway
improvements;
Half street improvements to the east side of 4~ Ave SW from SW 353d
Street to SW 356~h Street, including full curb, gutter, street trees, planter
strip, sidewalk, and street lighting;
Steep slope areas and associated 25 foot setbacks on proposed lots 21 and
22 established in Native Growth Protections Easements (NGPE) with
language stating that
"NGPE conveys to the public a beneficial interest in the land within
the easement, that the interest includes the preservation of native
vegetation for all purposes that benefit the public health, safety and
welfare, including control of surface water and erosion, maintenance of
slope stability, and protection of plant and animal habitat. The NGPE
Preliminary Plat of Tuscany Subdivision,
LUTC Memorandum
Page 3
¢)
imposes upon all present and future owners and occupiers of land
subject to the easement the obligation, enforceable on behalf of the
public by the City of Federal Way, to leave undisturbed all trees and
other vegetation within the easement. The vegetation within the
easement may not be cut, pruned, covered by fill, removed or damaged
without express permission from the City of Federal Way, which
permission must be obtained in writing from the Director of
Community Development Services."
Installation of a fence located 25 feet from the top of the steep slope
areas associated with lots 21 and 22 to be installed prior to final plat
recording, and to be owned and maintained in perpetuity by the
homeowners association; and
Any geotechnical restrictions and conditions for future building
development, pursuant to Condition #1, above.
Prior to issuance of construction permits, a final landscape plan, prepared by a
licensed landscape architect, shall be submitted for review and approval by the
Director of Community Development Services, and shall include the following
elements:
(a)
Co)
(c)
(d)
(e)
If constructed with the Tuscany project, visual screening of all property
boundaries of the infiltration tract (and fencing if applicable) from
adjacent properties and the 3~ Place SW right-of-way;
Street trees on the project side of 4~ Avenue SW, and both sides of 3~
Place SW internal plat street;
Vegetative screening of retaining walls on the Cottages West site;
Cul-de-sac landscaping;
Revegetation of disturbed slope areas (as recommended by the
geotechnical engineer pursuant to Condition #1, above); and
Significant tree identification and replacement.
o
Prior to issuance of construction permits, the applicant shall submit elevations and
design descriptions of fences, where visible from rights-of-way or pedestrian areas,
showing that these utilize natural materials and colors; and that fencing of the
infiltration pond (if required by the KCSWDM) is vinyl coated in a dark color and
screened by landscaping (pursuant to an approved landscape plan); for review and
approval by the Directors of Community Development Services and Public Works.
Prior to final plat recording, the applicant shall pay the alternative fee-indieu of
providing on site open space, as proposed and accepted, which fee shall be
calculated on the basis of 15 percent of the most recent assessed valuation or MAI
Preliminary Plat of Tuscany Subdivision,
LUTC Memorandum
Page 4
appraisal, at that time, subject to approval by the Directors of Parks and
Community Development Services.
Prior to issuance of construction permits, the applicant shall submit elevations and
design descriptions of retaining walls and rockeries for review and approval by the
Directors of Community Development and Public Works; showing that these are
located outside of the right-of-way, that these are harmonious with existing
adjoining residential uses and promote residential design themes through such
means as terracing, orientation, natural material selection, use of vegetation, and
textural treatment.
Vo
PROCEDURAL SUMMARY
October 21, 2000
June 23, 2001
August 18, 2001
September 4, 2001
September 18, 2001
October 1, 2001
October 16, 2001
Notice of Application issued.
Mitigated Environmental Determination issued.
Notice of Public Hearing issued.
Hearing Examiner public hearing.
Hearing Examiner recommendation issued.
City Council Land Use and Transportation Committee meeting.
City Council meeting.
VI.
DECISIONAL CRITERIA
Except as specifically noted in FWCC section 20127, the scope of the City Council
review is limited to the record of the Hearing Examiner public hearing; oral comments
received at the public meeting (provided these do not raise new issues or information
not contained in the Examiner's record); and the examiners report. These materials
shall be reviewed for compliance with decisional criteria set forth in FWCC section 20~
126(c), as noted below:
1. It is consistent with the Federal Way Comprehensive Plan;
Preliminary Plat of Tuscany Subdivision,
LUTC Memorandum
Page 5
It is consistent with all applicable provisions of the Chapter 20 of the Federal
Way City Code, including those adopted by reference from the Comprehensive
Plan; and
3. It is consistent with the public health, safety, and welfare.
4. It is consistent with design criteria listed in FWCC Section 20-2
5. It is consistent with the development standards listed in FWCC section 20-
151through 20-157 and FWCC Section 20-178 through 20-187.
Findings on how the application is consistent with these decisional criteria are contained
on pages 2 through 8 of the Hearing Examiners recommendation.
VII. COUNCIL ACTION
After consideration of the record, the City Council may, by action approved by a
majority of the total membership, take one of the following actions, pursuant to FWCC
Sec. 20-127(c):
1. Adopt the recommendation and approve the Preliminary Plat;
2. Reject the recommendation and deny the Preliminary Plat;
Remand the Preliminary Plat back to the Hearing Examiner pursuant to FWCC
section 20~127(b); or
o
Adopt its own recommendations and
a. Approve the preliminary plat
b. Disprove the preliminary plat; or
c. Require or approve a minor modification to the preliminary plat pursuant to
FWCC section 20-127(d).
Remand the preliminary plat back to the Hearing Examiner.
A draft resolution recommending approval of the proposed application as recommended
by the Hearing Examiner is included.
Preliminary Plat of Tuscany Subdivision,
LUTC Memorandum
Page 6
Attachments:
Hearing Examiner Recommendation dated September 28, 2001
Staff Report to Hearing Examiner **
Draft Resolution
** NOTE:
The "staff report' will include the report, the Environmental Decision, and a reduced scale plat
map. A full copy of the Staff Report to the Hearing Examiner will be in a notebook in the City
Council Room.
APPROVAL OF COMMITTEE ACTION:
,..Dead"McColgan
' ii~].,,:~ ~nne Burbidge
Preliminary Plat of Tuscany
t ~ACT B
Reduced Scale Site Plan
'CITY OF~~~__~
~ ,33530 15T WAY SOUTH
(2O6) ~ 3 -40C0
FEDERAL WAY, WA 98003-6210
Brooks Powell
Powell Home BUilders
P.O. Box 98309
Des Moines, WA 98198
September '18, 2001
RE** PRELIMINARY PLAT OF TUSCANY
Dear Applicant:
Enclosed please find the Report and Recommendation relating to the above-entitled case.
Very truly yours;
STEPH U~~UX, J~
SKC/ca,
CC:
All parties of record
City of Federal Way
Page- 1
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MATFER OF:
PRELIMINARY PLAT OF TUSCANY
)
)
)
)
FWHE# 01-07
I. SUMMARY OF APPLICATION
The applicant is requesting preliminary plat approval of a 22 lot single family
residential subdivision as provided for under Federal Way City Code (FWCC) Chapter 20,
"Subdivisions", and requiring approval pursuant to FVVCC Chapter 20, Division 6.
il. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
September 4, 2001
September 18, 2001
At the hearing the following presented testimony and evidence:
1. Deb Barker, City of Federal Way
2. Jim Femling, City of Federal Way Public Works Department
3. Jeff Dye, Civil Engineer, 145 SW 155~' St., Suite 102, Seattle, WA 98166
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1. Staff Report with all attachments
2. Presentation/slides from Deb Barker
IlL 'FINDINGS
1. The Headng Examiner has heard testimony, admitted documentary evidence into
Page - 2
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 "1" 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 generally rectangular, 6.32
acre parcel of unimproved property located north of SW 356"' St. at the terminus of
4~ Ave. SW and west of 1't Avenue South within the southern portion of th~ City of
Federal Way. The applicant requests preliminary plat approval to allow subdivision
of the site into 22 single family residential lots. The parcel to the east of the site will
consist of the Village Green Cottages West retirement community, and the two
projects will share a common storm drainage system located in the northcentral and
northeast portions of the sites.
The preliminary plat map shoWs that the applicant will extend 4~ Ave. SW to the
north where it will intersect with SW 353'~ St. which the applicant will extend east
from the Bellacarino Woods subdivision. The two streets will intersect near the
center of the parcel's west property line and an internal plat road will extend east
and north from said intersection and terminate in a cul-de-sac. All lots will access
onto either the newly constructed intemal plat road or the extension of 4~ Ave. SW.
Lot sizes vary between 9,600 square feet and 13,660 square feet.
The site is located within the Residential Single Family (RS-9.6) zone classification
of the Federal Way City Code (FWCC). The RS-9.6 classification authorizes
detached single family residential homes on minimum 9,600 square foot lots.
Parcels abutting the south., east, and west property lines are also located within the
RS-9.6 zone classification and as previously found, the parcel to the east is the
location of the proposed Cottages West senior housing facility. Parcels to the west
and south are improved with single family residential dwellings. The parcel to the
north is located within the Multi Family (RM-2,400) zone classification and improved
with an apartment complex.
As previously found, the retirement community and the preliminary plat will use the
same storm drainage system as both sites drain into a manmade, closed
depression located on the Cottages West property. On October 17, 2000, the City
waived the requirement for separate drainage facilities and approved construction
Page - 3
10.
of one facility to serve both projects. The drainage system will also accommodate
overflow discharge from the Bellacarino Woods subdivision to the west. All storm
drainage improvements must comply with all applicable core and special
requirements set forth in the King County Stormwater Design Manual. The storm
drainage system proposes discharging water to a closed depression which was
once used as a sand and gravel quarry. Historically the Iow area continued onto an
adjacent northern property and into a forested ravine, but in the late 1980's under
King County, the property was developed into an apartment complex and the
existing low area was regraded and filled. The drainage facility will provide water
quality' treatment and retention for both the Tuscany plat and the Cottages West site
and will also accommodate drainage overflow from Bellacadno Woods. If for any
reason Cottages West does not construct the storm drainage facility, the ~pplicant
must do so.
The site has rolling topography with a general slope from west to east towards the
Cottages West site. Average slopes equal 10% to 20% with a 40% gradient located
on proposed lots 21 and 22 at the south end of the parcel. Steep slopes exist also
adjacent to lots 11 and 12. The applicant's geotechnical report states that the
slopes were artificially created by a former gravel mining operation, and that the
slopes approach 16 feet in height w'~ an approximate 85% gradient. The applicant
and City staff reached agreement regarding fencing and setbacks for the steep
slopes on lots 21 and 22 and such agreement is incorporated into conditions of
approval hereinafter. The applicant will place all areas meeting the definition of
steep slope within a native growth protection easement. Implementation of the
recommendations set forth in the applicant's geotechnical ?eport and compliance
with conditions of approval will minimize the topographic and vegetation impacts
and ensure slope and soil stability.
The unimproved site pdmadly support{ mature fir, alder, Madrona, and big leaf
maple trees with a native understory. The applicant's significant tree inventoq/
identifies 271 trees that meet the FWCC definition of ~significant". The applicant
has meandered the road around significant trees as much as possible, but the road
location is mostly predetermined by the previously installed sewer trunk line. The
applicant will install trees within rights-of-way and will comply with Section 22-1568
FWCC, the significant tree ordinance.
The applicant will not provide open space in accordance with Section 20-155(b)
FWCC which requires the set aside of 15% of the gross land area of the
subdivision. The applicant will instead pay a fee in lieu of open space which has
been agreed to by the City parks director. The applicant shall pay a fee based upon
Page - 4
15% of the gross area or 41,345 square feet in accordance with the assessed value
of the land.
11.
While development of the site will change a 6.32 acre forested area into a 22 lot
single family residential development and will thus eliminate wildlife habitat, the site
contains no federally or State listed threatened or otherwise protected animal
species. Furthermore, the Federal Way Comprehensive Plan Priority Habitats and
Species Map does not indicate the presence of such species. The applicant's
wildlife habitat study confirms City, State, and Federal assessments, however, the
site is within the vicinity of the Hylebos Wetland State Park which contains
significant habitats and habitat connectivity and circuitry within the vicinity is high
due to an off-site stream corridor. The study recommends-retention of large trees
when possible, prevention of sediment from leaving the site during construction, and
maintaining a corridor of vegetation in the bottom of the off-site drainage facility. The
City has required compliance with these recommendations in the conditions of
approval.
12.
As previously found, the steep slopes located on lots 21 and 22 and adjacen, t to lots
11 and 12 meet the definition of sensitive areas. While these slopes were artificially
created, the geotechnical report recommends special conditions regarding grading,
filling, retaining walls, and erosion control. The report recommends setbacks of ten
feet on lots 11 and 12, and 25 feet from the top of the slope on lots 21 and 22. The
City has added a condition requiring compliance with the geotechnical report
re.commendations. Compliance with such recommendations will minimize
topographic impacts and will ensure slope stability.
13.
As previously found, the' applicant will provide access into the subdivision via an
extension of 4~' Ave. SW to SW 353"~ St. and the construction of an internal plat
road known as 3"~ Place SW. Improvements on 3'd Place SW will include 28 feet of
pavement, vertical curb, gutter, landscape strip, street tree~, sidewalk, and utility
strip within a 52 foot wide right-of-way. The applicant will construct half street
improvements on the eastern half of 4~ Ave. SW from SW 353'~ St. to SW 356~ St.
which will consist of 20 feet of pavement, vertical curb and gutters, landscape strip,
street trees, sidewalks, and a utility strip within the existing 32 foot wide right-of-
way. The applicant will also construct sidewalks along all lot frontages and along the
east side of 4~' Ave. SW to SW 356~' St. All lots wiil abut the newly constructed road
or the improved 4~' Ave. SW and will take access therefrom. The applicant must also
pay its proportionate share of $50,300 for traffic improvements on SW 356~ St.
between 1't Ave. S. and SR-99 which involves widening the road to five lanes.
Page - 5
14.
15.
16.
Enterprise Elementary School, lllahee Junior High School, and Federal Way High
School will serve the proposed subdivision. Elementary students will walk to school
through the Bellacadno Woods subdivision, and junior high school students will walk
to I[lahee Junior High School less than one mile away. The school district will
provide bus transportation for high school students from a school bus stop located
at the intersection of 7"~ Ave. SW and SW 354"' St. The applicant will provide safe
walking conditions for students by installing a sidewalk along 4~' Ave. SW to SW
356"~ St. The applicant will also pay school impact fees in the amount of $2,710 per
single family housing unit.
The Lakehaven Utility District has provided a certificat, e of water availability
indicating the district's ability to provide both domestic water and fire flow to the site
through a developor extension agreement. The Lakehaven Utility Distdct has also
indicated its ability to provide sanitary sewer service to each lot.
Pdor to recommending approval to the Federal Way City Council, the Examiner
must find that the proposed preliminary plat satisfies the cdteda set forth in Section
20-126(c) FWCC. Findings on each criteria are hereby made as follows:
The project is consistent with the Federal Way Comprehensive Plan which
designates the property as Single family - High Density. The applicant
proposes a single family residential subdivision with minimum lot sizes of
9,600 square feet and a density of 3.48 dwelling units per acre.
The project is consistent with all applicable provisions of the FWCC including
those adopted by reference from the comprehensive plan. The project must
comply with the provisions of FWCC Chapter 18, Environmental Policy;
Chapter 20, Subdivisions; and Chapter 22, Zoning. As conditioned
hereinafter the preliminary plat will comply with all provisions of the FWCC.
The proposed plat is consistent with the public health, safety, and welfare if
developed in accordance with conditions of approval and applicable codes
and regulations.
The project complies with the design criteda set forth in FWCC Section 20-2.
The project represents an effective use of land, the promotion of safe and
convenient travel on .streets, the prevision of housing for of the community,
and protection of environmentally sensitive areas.
Page
E. The project complies with the development standards listed in FWCC
Sections 20-151 through 157, and 20-78 through 20-187.
IV. CONCLUSIONS
From the foregoing findings the Hearing Examiner makes the following conclusions:
The Headng Examiner has jurisdiction to consider and decide the issues presented
by this request.
The proposed preliminary plat of Tuscany satisfies all cdteria set forth in the FWCC
and all policies of the Federal Way Comprehensive Plan. The proposed pFeliminary
plat will serve the public use and interest by providing an attractive location for a
single family residential subdivision, and therefore should be approved subject to
the following conditions:
The applicant shall obtain the services of a qualified geotechnical engineer
to review engineering design and specifications; be present on site during all
lands surface modification activities, including excavation of infiltration pond
to ensure the pond bottom is established into soils which can support
infiltration rates; verify subsurface conditions; inspect and conduct
compaction tests for the road, building lots, infiltration pond, and retaining
walls; ensure implementation of the recommendations for plat construction
and future homes on the site, including m-vegetation of disturbed areas and
lot drainage adjacent to the steep slope, subject to determination by the
Directors of Community Development Services and Public Works. In
addition, pdor to final plat approval, the infiltration system shall be required
to be operational and approved by the Public Works staff. This shall include
infiltration tests conducted by the applicant and visual inspections to
demonstrate that the design infiltration rate is being achieved and the system
is functioning properly.
Prior to final plat recording, the preliminary plat map shall be revised as
follows:
Notation that all driveways must be set back a minimum distartce of
25 feet from adjacent intersections.
Language reflecting Conditions 2, 3, 4, and 5 from the October 17,
2000, shared storm drainage facility variance.
Page- 7
Do
Go
Hq
Language dedicating ali public rights-of-way to the City of Federal
Way.
Language establishing responsibility for maintenance of cul-de-sac
landscaping with homeowners.
Language establishing responsibility of the applicant for the removal
of the temporary cul-de-sac on 4~' Avenue SW in conjunction with
roadway improvements.
Half street improvements to the east side of 4~' Avenue SW from 353"~
Street to SW 356"' Street, including full curb. gutter, street trees,
planter strip, sidewalk, and street lighting.
Steep slope areas and associated 25 foot setbacks on proposed lots
21 and 22 established in a NGPE with' language stating that:
"NGPE conveys to the public a beneficial interest in
the land within the easement, that the interest
includes the preservation of native vegetation for all
purposes that benefit the public health, safety, and
welfare, including control of surface water and
erosion, maintenance of slope stability, and protection
and plant and animal habitat. The NGPE imposes
upon all present and future owners and occupiers of
land subject to the easement the obligation,
enforceable on behalf of the public by the City of
Federal Way, to leave undisturbed all trees and other
vegetation within the easement. The vegetation
within the easement may not be cut, pruned, covered
by fill, removed, or damaged without express
permission from the City of Federal Way, which
permission must be obtained in writing from the
Director of Community Development Services"
Installation of a fence located 25 feet from the top of the steep slope
areas associated with Lots 21 and 22 to be installed pdor to final plat
recording, and to be owned and maintained in perpetuity by the
homeowners association.
Any geotechnical restrictions and conditions for future building
development, pursuant to Condition #1, above.
Prior to issuance of construction permits, a final landscape plan prepared
by a licensed landscape architect shall be submitted for review and
approval by the Director of Community Development Services, and shall
include the following elements:
If constructed with the Tuscany project, visual screening of all
property boundaries of the infiltration tract (and fencing if
applicable) from adjacent properties and the 3'~ Place SW Hght-of-
way.
Street trees on the project side of 4~ Avenue SW, and both sides of
3'~ Place SW internal plat street.
C. Vegetative screening of retaining walls on the Cottages West site.
D. Cul-de-sac landscaping.
Re-vegetation of disturbed slope areas (as recommended by the
geotechnical engineer pursuant to Condition #1, above).
F. Significant tree identification and replacement.
Prior to issuance of construction permits, the applicant shall submit
elevations and design descriptions of fences, where visible from rights-of-
way or pedestrian areas, showing that theses utilize natural materials and
colors and that fendng of the infiltration pond (if required by the
KCSWDM) is vinyl coated in a dark color and screened by landscaping
(pursuant to an approved landscape plan); for review and approval by the
Directors of Community Development Services and Public Works.
Prior to final plat recording, the applicant shall pay the alternative fee-in-
lieu of providing on site open space, as proposed and accepted, which fee
shall be calculated on the basis of 15 percent of the most assessed
valuation or MAI appraisal at that time, subject to approval by the
Directors of Parks and Community Development Services.
P~g~- 9
Prior to issuance of construction permits, the applicant shall submit
elevations and design descriptions of retaining walls and rockeries for
review and approval by the Directors of Community Development and
Public Works; showing that these are located outside of the right-of-way,
that these are harmonious with existing adjoining residential uses and
promote residential design themes through such means as terracing,
orientation, natural material selection, use of vegetation, and textural
treatment.
RECOMMENDATION:
It is hereby recommended to the Federal Way City Council.that the preliminary plat
of Tuscany be approved subject to the conditions contained in the conclusions
above.
DATED THIS / ~ ~ DAY OF September, 200
"~TEI~HEN"I~. CAUSSEAUX, JF~.
Hearing Examiner
TRANSMITTED THIS f~) DAY OF September, 2001, to the following:
APPLICANT:
ENGINEER:
OWNERS:
Brooks Powell
Powell Home Builders
P.O. Box 98309
Des Moines, WA 98198
Duncanson Company Inc.
Jeffrey Dye, Project Manager
145 SW 155~ St., Suite 102
Seattle, WA 98166
John Ankenbrandt
15120 Anchorage Way
Ft. Meyers, FL 33908
Page- 10
Bob and Susan Rinaldi
6346 38a Avenue SW
Seattle, WA 98126
City of Federal Way
c/o Chris Green
P.O. Box 9718
Federal Way, WA 98063-9718
CITY COUNCIL REVIEW, ACTION
Pursuant to Section 20-127, following receipt of the final report and re'commendation of
the headng examiner, a date shall be set for a public meeting before the city council.
The city council review of the preliminary plat application shall be limited to the record of
the hearing before the hearing 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 reporL These
materials shall be reviewed for compliance with decisional criteda set forth in section 20-
126. The city council may receive new evidence or information not contained in the
record of hearing before the hearing.examiner, [Jut only if that evidence or information: (i)
relates to the validity 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 headng examiner'g decision;
or (ii) the headng 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 i~ecord compiled by
the headng 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 headng 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 headng 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.
As 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 will 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 extedor
street from the plat;
The change will not result in any loss of open space or bu~'. edr~g provided in the
plat; and
The city determines that the change will not increase any adverse impacts or
undesirable effects of the project and that the change does not significantly alter
the project.
CITY OF FEDERAL WAY
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
STAFF REPORT TO THE
FEDERAL WAY HEARING EXAMINER
PRELIMINARY PLAT OF TUSCANY
Federal Way File No. 00-104313-00-SU
PUBLIC HEARING -- September 4, 2001
Federal Way City Hall City Council Chambers
33530 First Way South
TABLE OF CONTENTS
GENERAL INFORMATION ............................................................................................................. 1
CONSULTED DEPARTMENTS AND AGENCIES ............................................................................. 2
STATE ENVIRONMENTAL POLICY ACT ....................................................................................... 3
NATURAL ENVIaONMENT ........................................................................................................... 3
NEIOHBORHOOD CHARACTERISTICS .......................................................................................... 7
Gm, ruRAL DESION ....................................................................................................................... 7
TRANSPORTATION ....................................................................................................................... 8
PUBLIC SERVICES ........................................................................................................................ 8
UTmrrms ................................................................................................................................... 10
ANALYSIS OF DECISIONAL CRITERIA ........................................................................................ 11
FINDINGS OF FACT AND CONCLUSION ...................................................................................... 12
RECOMlvlENDATIONS ................................................................................................................ 15
LIST OF EXHIBITS ...................................................................................................................... 17
Report Prepared by
Deb Barker, Associate Planner
August 9, 2001
CITY OF FEDERAL WAY
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
STAFF REPORT FOR THE PUBLIC HEARING OF SEPTEMBER 4, 2001
PRELIMINARY PLAT OF TUSCANY
File No:
Applicant:
Engineer:
Owners:
Action
Requested:
Staff
Representative:
Staff
Recommendation:
00-104313-00-SU
Brooks Powell
Powell Home Builders
PO Box 98309
Des Moines, WA 98198
Phone: 206-824-6224
Duncanson Company Inc.
Jeffrey Dye, Project Manager
145 SW 155th Street, Suite 102
Seattle, WA 98166
Phone: 206-244-4141
John Ankenbrandt
15120 Anchorage Way
Ft. Meyers, FL 33908
Bob and Susan Rinaldi
6346 38~ Avenue SW
Seattle, WA 98126
Preliminary plat approval of a 22 lot single-family residential subdivision as
provided for under Federal Way Oty Code (FWCC) Chapter 20, "Subdivisions,"
and requiring approval pursuant to IrC/CC Chapter 20, Division 6.
Deb Barker, Associate Planner, 253-661-4103
Preliminary Plat Approval with Conditions as Recommended
GENERAL INFORMATION
A. Description of the Proposal - The applicant proposes to subdivide a vacant 6.32-acre lot into 22
residential single-family lots, each having a minimum of 9,600 square feet (Exhibit,4). There is .
one tract established for storm drainage conveyance.
B. Location - The property is located east of 4~ Avenue SW as extended, at SW 353~ Street as
Preliminary Plat of Tuscany
StaffReport to the Itearing Examiner
00-104313-00-SU
P~ge 1
extended, north of SW 356~ Street (Exhibit B).
Legal Description - See Exhibit C.
Size of Property- The subject site has a land area of 275,430 square feet (6.32 acres).
Land Use and Zoning -
Direction Zoning
Comprehensive Plan
Existing Land Use
Site RS-9.6~ SF - High Density Vacant
North RM2400 Multifamily Apartment complex
South RS-9.6 SF - High Density SFR2
East RS-9.6 SF - High Density vacant
West RS-9.6 SF - High Density SFR3
Background- The preliminary plat of Tuscany was submitted on August 14, 2000, as a 22-1ot
subdivision. The application was determined complete on October 17, 2000. A BoundalT Line
Adjustment (BLA) reconfiguring the three existing tax parcels into two was submitted on July 25,
2000, and is under review under project file number 00-104014-00-SU.
CONSULTED DEPARTMENTS AND AGENCIES
The following departments, agencies, and individuals were advised of this application.
Community Development Review Committee (CDRC), consisting of the Federal Way Community
Development Services Planning and Building Divisions; Public Works Engineering and Traffic
Divisions; Parks, Recreation, and Cultural Services Department; Federal Way Department of
Public Safety (Police); Federal Way Fire Department; Lakehaven Utility District; and Federal Way
Public Schools. CDRC comments have been incorporated into this report where applicable.
Bo
All property owners within 300 feet of the site were mailed notices of the complete application and
of the September 4, 2001, public hearing. The site was also posted and notice published in the
newspaper and on the City's official notice boards.
In accordance with the State Environmental Policy Act (SEPA) and FWCC Chapter 18,
"Environmental Protection," all property owners and occupants within 300 feet of the site, and all
affected agencies, were notified of the proposed action and the City's environmental decision. In
addition, the site was posted and notice placed in the newspaper and on the City's official notice
boards. No comments were received, and no changes or corrections were made to the City's initial
determination.
STATE ENVIRONMENTAL POLICY ACT
~RS-9.6 = single-family residential, 9,600 squaro foot minimum lot size.
SFR = single-family residential
Proposed location of the Cottages West genior housing f~oility.
Preliminaqt Plat of Tuscany 00-104313-00-SU
gtqffRenort to the Heating Examiner Page 2
A Mitigated Environmental Determination ofNonsignificance (MDNS) was issued for the
proposed action on June 23,2001 (Exhibit D). This determination was based on review of
information in the project file, including the environmental checklist (Exhibit E), resulting in the
conclusion that the proposal would not result in probable significant adverse impacts on the
environment, provided the following measures are met:
1. As required by the Public Works Director, the applicant shall either construct the Traffic
Improvement Program (TIP) projects at South 356th Street/1st Avenue South - SR 99
($7,205,000), prior to final plat approval, or, as may be allowed by the Public Works
Director, voluntarily pay $50,300.00 toward construction of this TIP project prior to the
final plat approval.
2. If, for any reason, the storm drainage facility required for this plat is not constructed and
operational under the Cottages West plat, the applicant shall construct the approved off-
site storm drainage facility in conjunction with Tuscany preliminary plat construction.
The storm drainage facility shall be constructed by the applicant per approved plans,
inspected, and approved by the City before final plat approval can be granted.
No comment letters were received during the 14-day SEPA comment period. No appeals were
filed.
IV NATURAL ENVmONM~NT
Stormwater Runoff- A Preliminary Technical Information report (TLR) was prepared for the site
by Duncanson Company, Inc. (Exhibit F), and reviewed by the Public Works Department. The
report identified the drainage basin for both the Tuscany site and the adjacent Cottages West site
as a man-made closed depression, located off site of the Tuscany property on the Cottages West
property.4 The 1998 King County Surface Water Design Manual (KCSWDM) defines a closed
depression as an area which is Iow-lying and either has no surface water outlet, or has limited
outlet that during storm events the area acts as a retention basin, with no more than 5,000 square
feet of water surface area at overflow elevation.
In October 17, 2000, the City waived the requirement for separate drainage facilities (Exhibit G),
and approved construction of one facility to serve both projects within the closed depression located
off site of the Tuscany project, and subject to specific conditions. This facility will be designed to
provide water quality retention for the Tuscany Plat as well as the Cottages West site, and will also
be sized to accommodate the existing storm overflow discharge fi.om the Bellacarino subdivision
located west of the Tuscany site. The applicant will be required to provide storm drainage
improvements to comply with all applicable Core and Special Requirements outlined in the
KCSWDM, including surface water quantity and quality control. See Section IX. C. of this report
for a detailed description of the proposed drainage facilities.
Bo
Soils - The 1973 King County soils survey map lists the soils types for the subject site as Everett
Gravelly Sandy Loam (EvC) and (EvD). The EvC soils type, which has five to fifteen percent
slopes, slow to medium runoff and a slight to moderate erosion hazard. The EvD soils type has 15
to 30 percent slopes, medium to rapid runoff, and a moderate to severe erosion hazard. Earth
4 The Cottages West is a proposed 40 unit senior housing project in 16 buildings on 9 acres, being processed under Use Process IV
review. A DHS was issued for the Cottages project on April 23, 2001.
Preliminary Plat of Tuscany 00-1043134)0-SU
StaffReport to the Heating Examiner Page 3
Consultants Inc. performed soils tests in December 2000.
Topography - The site is rolling with a general slope from west to east towards the adjacent
Cottages West site. Average site slopes are from 10 to 20 percent, with a steep slope (as defined
by the FWCC) with an approximate 40 percent gradient, located on proposed lots 21 and 22 at the
southern end of the subject site. Steep slopes are also located on the Cottages West site adjacent to
lots 11 and 12 (Exhibit H). The applicant's geoteclmical reports (Exhibit I) identify these off-site
slopes as up to 16 feet in height with an approximate 85 percent gradient. The report states that
these slopes were artificially created by a former gravel mining operation on the site in the 1970's,
and that poor conditions exist due to large leaning trees, steep un-vegetated slopes, and trees with
undermined root systems.
According to the applicant's environmental checklist, approximately 51 percent of the site will be
graded for plat improvements. These improvements will generally follow the alignment of the
sewer trunk line installed through the site in 1994. FWCC Section 20-179 states that, "... [a]ll
natural vegetation shall be retained on the site to be subdivided except that which will be removed
for improvements or grading approved in the preliminary subdivision or short subdivision." The
applicant is proposing a cleating and grading plan for those areas associated with the construction
of public improvements consistent with this code requirement (Exhibit d). As proposed, the
Tuscany lots will require only minimal grading against the right-of-way.
The applicant's July 6, 2000, geotechnical report prepared by Earth Consultants, Inc. (revisions
dated October 20, 2000, December 21, 2000, February 1, 2001, March 14, 2001, and May 30,
2001, Exhibit I) provides recommendations for proposed engineered retaining walls and rockeries
in and adjacent to the off-site steep slopes as well as related cut and fill, site, site preparation,
general earthwork, foundations, and site drainage. Proposed grading, use of retaining walls, and
related mitigation in these off-site steep slopes will re-contour, flatten, and stabilize the existing
slopes, thereby improving existing unstable conditions.
The report recommends a ten foot land surface modification setback from the top of the steep
slopes adjacent to lots 11 and 12, and a ten foot land surface modification setback from the top of
the steep slopes on lots 21 and 22, with an additional 15 foot structural setback; provided that the
fill slope recommendations in the report are implemented (i.e., setting the toe of the proposed fill
10 feet away from the top of the existing slope and keying the fill into the existing slope using
horizontal benches). The final grading plan will be reviewed with engineering plans review to
verify that excavation slopes and cleating limits are the. minimum necessary to achieve reasonable
grades for building sites and slope stabilization.
In addition, as a recommended condition of preliminary plat approval, areas within the Tuscany
plat that meet the definition of steep slope shall be located within a Native Growth Protection
Easement (NGPE). The NGPE designation shall be included on the face of the plat with the
following language:
"NGPE conveys to the public a beneficial interest in the land within the easement. The
interest includes the preservation of native vegetation for all purposes that benefit the
public health, safety, and welfare, including control of surface water and erosion,
maintenance of slope stability, and protection of plant and animal habitat. The NGPE
imposes upon all present and future owners and occupiers of land subject to the
easement the obligation, enforceable on behalf of the public by the City of Federal
· Preliminary Plat of Tuscany
SlaffReport to the Hearing Examiner
00-I04313-00-SU
Page 4
Way, to leave undisturbed all trees and other vegetation within the easement. The
vegetation within the easement may not be cut, pruned, covered by fill, removed, or
damaged without express permission fi.om the City of Federal Way, which permission
must be obtained in writing fi.om the Director of Community Development Services."
Also, in order to further prevent future intrusion on steep slope areas, such as land surface
modification (LSM) or removal of vegetation, as noted in Condition #2 of preliminary plat
approval, it is recommended that a fence be installed ten-feet fi.om the top of the NGPE. The fence
shall be owned and maintained in perpetuity by the Homeowners Association.
In addition, based on site conditions, the applicant's gcotechnical report, and the preliminary
grading plan, a supplemental geotechnical analysis is recommended for site development. This
requirement is addressed as Condition # 1 of preliminary plat approval, as recommended. Under
this condition, the applicant shall obtain the services of a qualified geotechnical engineer to review
final design and specifications; be present on site during all land surface modification activities;
verify subsurface conditions; monitor construction activities; ensure implementation of the
recommendations of the geotechnical report; and provide the City with any additional
recommendations for plat construction and future home eonstmction; including re-vegetation of
disturbed areas adjacent to steep slopes. Implementation of the recommendations in the applicant's
geotechnical report, and staff-recommended conditions of project approval will minimize
topographic and vegetation impacts and ensure slope and site stability. It will also identify any
geotechnical conditions or requirements applicable to future lots and final plat review.
Vegetation -The subject site is wooded, and primarily contains mature firs, alders, Madrona, and
big leaf maples trees, with a native under story of shrubs. The August 1, 2000, Significant Tree
Inventory map prepared by Duncanson Company Inc. (revised January 12, 2001, ExhibitK)
identifies 271 trees on the subject property that meet the FWCC definition of significant.
According to the grading plan, approximately 8- of these trees (30 percent of the significant trees)
are located within future right-of-way and utility easement areas and as such, will not be retained.
Road meandering around significant trees has been done to the extent possible based on
topographic constraints and existing points of connection. The September 26, 2000, Landscape
Plan prepared by Ned Gulbran (Exhibit £) submitted in conformance with FWCC Section 20-158,
shows street trees installed within the rights-of-way. Retained significant trees outside of the right-
of-way will be regulated under FWCC Section 22-1568, "Significant Trees," and reviewed with
each residential building permit.
The plat's open space obligation will be provided through fee-in-lieu payment, as requested by the
applicant and as authorized by the Parks Director, and as included as a recommended condition of
preliminary plat approval. Payment is to be paid prior to final plat approval in accordance with
FWCC Section 20-155.
Wildlife -The site will change fi-om a 6.32 acre forested site to a 22 lot single-family residential
development. No evidence has been submitted which indicates that there are any state or federally
listed threatened or otherwise protected animal species located on the project site. Additionally, the
Federal Way ~omprehensive Plan (FWCP) Priority Habitats and Species map does not indicate
the presence of any priority habitats or species on or adjacent to the subject site. An April 4, 2000,
Wildlife Habitat Study (ExhibitM) prepared by J. S. Jones was submitted with the preliminary plat
application. The report concluded that while no priority species were identified within one mile of
Preliminary Plat of Tuscany
StaffReport to the Hcadng Examiner
00-104313-O0-SU
Page 5
the subject site, habitat connectivity and circuitry within the vicinity is high due to an off-site
stream corridor and the Hylebos Wetland State Park. The wildlife report stated that these identified
corridors would remain within the off-site drainage feature located on the adjacent Cottages West
site. In order to reduce impacts upon wildlife, the report recommends three measures: (1) retain
large trees when possible; (2) use Best Management Practices to prevent sediment from leaving the
site during construction; and (3) maintain a corridor of vegetation in the bottom of the off-site
drainage facility. These recommendations and supplemental geotechnical analysis, as
recommended pursuant to Condition/ti, will reduce impacts on wildlife.
Mapped Sensitive Areas - As noted previously, slopes meeting the FWCC definition of steep
slope are located on lots 21 and 22, and adjacent to lots 11 and 12 on the Cottages West site.
Specifically, lot 21 contains 446 square feet of steep slope area while lot 22 contains 2,832 square
feet of steep slope area. (Lot 21 is proposed at 9,970 square feet, while lot 22 is proposed at 9,732
square fee0. The Cottages West steep slopes contain approximately 85 percent gradients, and were
artificially created by a former gravel mining operation. Pursuant to FWCC Division V, the City
may permit land surface modifications adjacent to regulated slopes subject to an accepted
geotechnical report and related recommendations. The geotechnical report (Exhibit 11) contains
recommendations for grading, filling, retaining walls, and erosion control for stabilizing these steep
slope areas. The report recommends setbacks often feet from the Cottages West slopes for
development on lots 11 and 12, and recommends setbacks of 25 feet from the top of the steep
slopes on lots 21 and 22.
The reports propose a series of retaining walls to be utilized to re-grade Cottages West slopes to a
maximum 2:H to 1 :V slope. The re-grading is recommended by the geotechnical consultant to
mitigate erosion problems in this area and eliminate the potential for injury under present
conditions. Those existing conditions include large leaning trees, trees with undermined root
systems, and steep un-vegetated slopes. The report further states that water should not be allowed
to flow over the top of slopes. Permanently exposed slopes should be seeded with appropriate
vegetation to reduce erosion and improve soil stability.
In addition, as a recommendation of preliminary plat approval and as noted above in section IV.c,
areas within the Tuscany plat ~at meet the definition of steep slope shall be located within a
NGPE, and a fence should be installed ten feet from the top of the NGPE.
These recommendations, and supplemental geotechnical analysis as recommended pursuant to
Condition # 1, will minimize topographic impacts and insure slope stability.
The Federal Way Sensitive Areas Maps do not reveal the site to be in a problem area relative to
landslides, seismic hazards, erosion, wetlands, streams, or 100-year floodplains. A April 4, 2000,
Wetland Assessment prepared by JS Jones and Associates (revised October 19, 2000) stated, with
the City's concurrence, that the closed depression east of the subject site did not meet the FWCC
definition of a wetland (Exhibit N).
V NEIGHBORHOOD CHARACTERISTICS
A. Vicinity - The property is situated in the southern portion of the City, in a single-family residential
'Prelimina~ Plat of Tuscany
StaffRepo~t to the Headng Examiner
00-104313-00-SIJ
Page 6
area. The site is vacant. The majority of adjacent properties to the west and to the south are
developed with single-family residences on lots ranging from 7,600 to 10,000 square feet to the
west (plat of Bellacarino Woods), to an average of 15,000 square feet or more per dwelling unit to
the south (Plat of Jolm Roe Addition). A multifamily complex with 402 units on 39 acres is
directly north of the subject site (Exhibit B). East of the site is presently vacant, although the
Cottages West senior housing facility is proposed in that location.
VI GENERAL DESrGN
Subdivision Access andRoadway System - Public access inW the subdivision will be provided by
the northern extension of 4t~ Avenue SW to SW 353~a Street, and the creation of 3a Place SW.
These are classified by the FWCP as local access streets. SW 353'a Place is a cul-de-sac with a
planter island at the end of the street. The applicant is proposing full street improvements on 3rd
Place SW, including 28 feet of pavement, vertical curb/gutters, landscape strip, street trees,
sidewalk, and utility strip within the 52-foot right-of-way. The applicant has proposed half street
improvements on the eastern half of 4a' Avenue SW, from SW 353'a Street to SW 356ta Street
consisting of 20 feet of pavement, vertical curb/gutters, landscape strip, street trees, sidewalks, and
utility strip within the 32-foot right-of-way. The intersection of 4t~ Avenue SW and SW 353ra
Street will be widened and improved with a sidewalk connecting to the existing street system on
SW 353'a Street.
Bo
Pedestrian System - Sidewalks will be provided along all lot frontages. Specifically, full street
improvements include five-foot wide sidewalks on both sides of 3'a Place SW and the connections
to SW 353"t Street. Half street improvements on 4~ Avenue SW will include a five-foot wide
sidewalk on the easterly side of the street. The applicant will extend this sidewalk from the subject
site south along the east side of 4t~ Avenue South to SW 356t~ Street.
Co
LotLayout- Tuscany lots range in size from 9,600 square feet to 13,660 square feet, with one
tract established to convey drainage overflow from the Bellacarino Woods subdivision west of the
subject site (Tract A). The proposed lots are generally rectangular in shape. Eight of the lots front
onto 4th Avenue South and 14 lots front on 3~a Place SW. There is one flag lot. No view corridors
are located in or adjacent to the plat. Should any rockeries or retaining walls be required on the
subject site, their design should promote residential design themes through terracing, natural
material selection, placement of vegetation, and textural treatment as recommended in Condition
#6 of preliminary plat approval.
VII TRANSPORTATION
Ao
Street Improvements - In accordance with the FWCC, all street improvements must be dedicated as
City fight-of-way and improved to City street standards. Specifically, full street improvements are
required for 3'a Place SW including: 28 feet of pavement, vertical curbs, gutters, four-foot wide
planter strip with street trees, five-foot wide sidewalks, and a three-foot wide utility strip with
streetlights, within a 52-foot right-of-way width. The eastern portion of 4~ Avenue SW shall be
improved with 20 feet of pavement, vertical curb/gutters, four-foot wide planter strip with street
trees, five-foot wide sidewalk, and a three-foot wide utility strip with strcetlights within the 32-foot
fight-of-way. South of the subject site, the eastern half of 4th Avenue SW shall be improved to SW
Preliminary Plat of Tuscany
StaffReport to the Hearing Examiner
00-104313-00-SU
Page 7
356th Street with curb, gutter, planter strip with street trees, sidewalk, and streetlights. Maple trees
and Flowering Cherry trees are to be installed along the 4th Avenue SW and 3rd Place SW fights-of-
way (Exhibit L). The applicant shall be responsible for the removal of the temporary cul-de-sac on
4a' Avenue SW in conjunction with street improvements. Street lighting is required pursuant to
FWCC Section 22-1522. The applicant has proposed to install eight streetlights within the
subdivision and along 4~ Avenue SW.
Adequacy of Arterial Roads - This proposal has been reviewed under the State Environmental
PolicyAct (SEPA). Based on the FWCC and the MDNS issued for the proposed action on June
23,2001, the additional traffic to be generated by this development requires pro rata share
contributions for projects identified in the City's Transportation Improvement Plan (TIP)
impacted by the proposed subdivision.
The applicant shall be required either to:
a. Construct the following impacted TIP project as required by the Public Works
Depamnent, prior to building occupancy; or,
b. Contribute the project's pro-rata share of the construction cost of the following TIP
project prior to issuance of building permits:
. Tit' Projce~
......... ?._e~C'rl.~.',i~2n ........ -.
I S 356"'.x.'nccl I" Ave S
SR 99 widen to 5 lanes
I*s°, I
TOTAL
As proposed and conditioned, the subdivision will adequately mitigate impacts to arterial streets.
VIII PUBLIC SERVICES
Ao
Schools - A September 29, 2000, School Access Inventory Analysis prepared by Duncanson
Company Inc. (Exhibit O) was submitted with the preliminary plat application and was reviewed
by the Federal Way School District. Enterprise Elementary, Illahee Junior High, and Federal Way
Senior High School will serve the proposed subdivision. Enterprise Elementary School is
immediately northwest of the site and elementary age students will walk to school through the
existing Bellacarino Woods Subdivision. Illahee Junior High School is less than one mile from the
subject site and students will walk to this school. Federal Way High School is more than one mile
from the subject site; bus transportation is provided for these students from the intersection of 7~
Avenue SW and SW 354th Street. The applicant will install off-site street improvements, including
a sidewalk along 4~' Avenue SW to SW 356th Street, to provide a safe pedestrian corridor from the
subject site to meet the standards of FWCC Section 20-156(a). The School Access Inventory
Analysis concluded that the proposed preliminary plat met the planned walking route goals of the
Federal Way School District. The School District concurred with the conclusion subject to the off-
site improvements. The District also noted that school service areas are reviewed annually and may
be adjusted to accommodate enrollment growth and new development.
School impact fees, as authorized by City ordinance and collected at the time of building permit
Preliminary Plat of Tuscany
StaffRcport to the Hearing Examiner
00-104313-O0-SU
Page 8
Co
issuance, are currently $2,710.00 per single-family housing unit. School impact fees are
determined on the basis of the School District's Capital FaciHties Plan and are subject to annual
adjustment and update.
Open Space - According to the 2000 Federal Way Parks, Recreation, and Open Space
Comprehensive Plan, the subject site is in park planning Area C. The nearest City park is the BPA
Trail, located ~ of a mile from the west subject site. Other public parks in the vicinity include the
Hylebos Wetlands State Park approximately ~A mile northeast from the subject site, and Panther
Park, approximately 1.25 miles north of the subject site.
To provide adequate recreational opportunities commensurate with new residential development,
FWCC Chapter 20, "Subdivisions," requires dedication of land on site for open space, or a fee-in-
lieu-of on site open space. Specifically, FWCC Section 20-155Co) requires all residential
subdivisions to provide open space in the amount of, "... 15 percent of the gross land area of the
subdivision site; or pay a fee in lieu of payment for all or portions of the open space area required."
Total open space required for this plat is 41,345 ~quare feet (15 percent of the 275,430 square foot
parcel). Pursuant to FWCC Section 20-155, the applicant proposes to make a fee-in-lieu payment
for the required open space. The Parks Director has agreed to the fee-in-lieu. The fee would be
based on the assessed value of the land according to the King County Assessor's Office valuation
of the subject site at the time the final plat is reviewed, as recommended in Condition//5, and in
accordance with FWCC. This fee shall be paid to the City before the final plat is approved.
Fire Protection - The King County Certificate of Water Availability indicates that water will be
available to the site in sufficient quantity to satisfy fire flow standards for the proposed
development. The Federal Way Fire Department requires that a fire hydrant be located within 350
feet of each lot. The applicant proposes the installation of one fire hydrant to serve the plat, in
addition to as existing hydrants in the 4~ Avenue SW and SW 353~a Street rights-of-way. The final
location of the new hydrant must be approved by the Fire Department during preliminary plat
engineering review.
UTILITIES
Sewage Disposal - The applicant proposes to serve the proposed plat by a public sewer system
managed by Lakehaven Utility District. A July 5, 2000, King County Certificate of Sewer
Availability (Exhibit P) indicates the District's capacity to serve the proposed development
through a Developer Extension Agreement (DEA) between the applicant and the District. This
project extends the next leg of the Panther Lake Sewer Trunk Line with a 24-inch main line in 4th
Avenue SW to the southern border of the subject site.
Bo
Water Supply - The applicant proposes to serve the subdivision with a public water supply and
distribution system managed by the Lakehaven Utility District. A July 5, 2000, King County
Certificate of Water Availability (Exhibit Q) indicates the District's capacity to serve the
proposed development through a Developer Extension Agreement (DEA).
C. Drainage Facilities - A August 2, 2000, Preliminary Technical Information report (TIR), prepared
by Duncanson Company, Inc., (amended May 10, 2001), was submitted and reviewed by the Public
Preliminaoj Plat of Tuscany
StaffReport to the Heating Examiner
00-104313-00-SU
Page 9
Works Department (Exhibit tO. The report identified the drainage basin for both the Tuscany site
and the adjacent Cottages West site as a man-made closed depression. The 1998 KCSWDM defines
a closed depression as an area which is low-lying and either has no surface water outlet, or has
limited outlet such that during storm events the area acts as a retention basin, with no more than
5,000 square feet of water surface area at overflow elevation.
In the SEPA checklist, the applicant describes that the existing low area on the Cottages West site
was once used as a sand and gravel quarry (Exhibit E). Historically, this low area continued onto
an adjacent northern property into a forested ravine. In the late 1980's, when this adjacent property
was developed as an apartment complex, the existing low area was re-graded and filled. Re-
grading activity created the need for a retaining wall between the properties. According to the
applicant's drainage report, apartment construction did not provide for outfall from the original
low area and the subsequent re-grading and retaining wall created the dosed depression by
removing the natural outfall.
On September 22, 2000, the applicant submitted a variance request to the KCSWDM for a shared
drainage facility for the Cottages West project and Plat of Tuscany. On October 17, 2000, the City
waived the requirement for separate drainage facilities and approved construction of one facility to
serve both projects within the closed depression subject to the following conditions, which must be
met prior to issuance of a construction permit for project infrastructure:
1. The applicant is required to design and construct the shared facility per the 1998
KCSWDM and Federal Way Addendum.
The applicant is required to execute a Drainage Release Covenant to hold and release the
City harmless from any damage that may be caused by stormwater from public rights of
way and contributing areas.
The applicant shall release the City from any maintenance and or repair responsibilities
of the shared facility and the conveyance system from the public right-of-way to the
shared facility.
The applicant shall establish an Operations and Maintenance Manual describing the
facility, maintenance and repair requirements, and an outline of maintenance tasks and
frequency that each task should be performed.
5. Cottages West must grant ingress, egress easement to the City of Federal Way in order
to monitor the maintenance and operation of the private storm drainage facility.
This drainage facility will be designed to provide water quality retention for the Tuscany Plat as
well as the Cottage West site, and will also be sized to accommodate existing storm drainage over
flow discharge from the Bellacadno Woods subdivision located west of the Tuscany site. The
discharge will be accommodated in Tract A (Exhibit R). As conditioned under the MDNS, if for
any reason the storm drainage facility is not constructed under Cottages West permits, the
applicant will b,e required to construct the approved storm drainage facility in conjunction with
Tuscany preliminary plat construction. In accordance with the FWCC, the storm drainage facility
shall be constructed by the applicant per approved plans, inspected, and approved by the City
before final plat approval can be granted. The applicant is required to provide storm drainage
improvements to comply with all applicable Core and Special Requirements outlined in the
Preliminary Plat of Tuscany 00-104313-00-SU
StaffReport to the Hearing Examiner Page 10
KCSWDM and City addendums to the manual, including surface water quantity and quality
~ntroL
During preliminary plat technical review, the Public Works Director may require additional storm
drainage measures to be implemented to prevent accumulation of silt and sedimentation in storm
drainage systems fi.om clearing, grading, and street utility installation. These measures may
include, but are not limited to, seasonal restrictions on the clearing, grading, and street/utility
activities fi.om October 31 to March 30.
Pursuant to the FWCC and KCSWDM, and as recommended in Condition #4, any infiltration
facilities associated with the drainage system and visible fi.om the subject site, the right-of-way, or
surrounding properties shall be vegetatively screened. Cyclone fencing, if used, shall be black or
dark green vinyl coated.
X ANALYSIS OF DECISIONAL CRITERIA
The FWCC establishes review procedures and decisional criteria for deciding upon various types of land
use applications. Pursuant to FWCC Chapter 20, Section 20-110, preliminary plat applications are
submitted to the hearing examiner for public hearing. The preliminary plat application and the
recommendation of the hearing examiner are submitted to the City Council for approval or disapproval.
Hearing Examiner Preliminary Plat Decisional Criteria - Pursuant to FWCC Section 20-126(c),
the hearing examiner may recommend approval of the proposed preliminary plat only if the
following decisional criteria are met. Decisional criteria and staff responses are provided below.
1. The project is consistent with the FWCP.
Staff Comment: The application is subject to the adopted 2000 FWCP, which designates the
property as Single Family - High Density. The proposed land use, Single Family Residential,
with 9,600 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 project is consistent with all applicable provisions of the chapter, including those adopted
by reference fi.om the comprehensive plan.
Staff Comment: The preliminary plat application is required to comply with the provisions of
the FWCC Chapter 18, "Environmental Policy"; Chapter 20, "Subdivisions"; Chapter 22,
"Zoning"; and all other applicable codes and regulations. Future development of the
residential subdivision will be required to comply with all applicable development codes and
regulations. As proposed, and with conditions as recommended by staff, the preliminary plat
will comply with all provisions of the chapter.
3. The project is consistent with the public health, safety, and welfare.
StaffCom~ent: The proposed preliminary plat would permit development of the site
consistent with the current Single Family High Density land use classification of the City's
FWCP and map. Proposed access and fire hydrant locations must meet all requirements of the
Federal Way Fire Department. Future development of the plat in accordance with applicable
Preliminary Plat of Tuscany
StaffReport to the Hearing Examiner
00-104313-O0-SU
Page 11
codes and regulations will ensure protection of the public health, safety, and welfare.
4. It is consistent with the design criteria listed in FWCC Section 20-2.
Staff Comment: The proposed preliminary plat would promote the purposes identified in
FWCC Section 20-2 and the standards and regulations therein, as identified in the staff
report, including effective use of land, promotion of safe and convenient travel on streets,
provision for the housing needs of the community, and protection of environmentally
sensitive areas. As proposed, and with conditions as recommended by City staff, the
preliminary plat application complies with all provisions of the chapter.
It is consistent with the development standards listed in FWCC Sections 20-151 through 157,
and 20-178 through 187.
Staff Comment: Development of this site is required to comply with the provisions of FWCC
Chapter 18, "Environmental Protection"; Chapter 20, "Subdivisions"; Chapter 22, "Zoning";
and all other applicable local and state development codes and regulations. As proposed, and
as recommended by City staff, the preliminary plat application complies with all applicable
statutes, codes, and regulations.
XI F~NI)n~GS o~ FACT AND CONCLUSIONS
Based on an analysis of the proposed action, the environmental record, and related decisional criteria,
the Department of Community Development Services finds that:
The proposed action is to subdivide a vacant 6.32-acre parcel into 22 single-family lots with one
tract. Storm drainage facilities will be provided on an adjoining property east of the subject site.
There are single-family residential land uses to the south and west of the subject site, a multi
family complex to the north, and a vacant site proposed to be developed as a senior housing facility
to the east.
Zoning for the site is RS 9.6. The proposed residential subdivision and density is consistent with
existing adjacent land uses and zoning, and the project will be compatible with adjacent residential
uses provided all recommended conditions of preliminary plat approval are met.
A Mitigated Environmental Determination ofNonsignificance (MDNS) was issued for this
proposed action on June 23,2001. No appeals were received and the decision was £malized with no
modification. This determination is incorporated by 'reference as though set forth in full.
Water and sewer facilities are available from the Lakehaven Utility District and are adequate to
serve the proposed development. Sewer facilities will include the extension of a 24-inch mainline
sewer trunk to the southern end of the subject site. It is the applicant's responsibility to secure all
necessary water and sewer services from the utility providers and services of other utility providers
as necessary.
The drainage basin for the site is a closed depression located on a property east of the subject site.
The City authorized construction of a drainage system within this closed depression to serve the
subdivision as well as the proposed Cottages West senior housing complex subject to specific
Preliminary Plat of Tuscany
StaffRcmort to the Hearing Examiner
00-104313-O0-SU
Page 12
conditions. The drainage system design shall meet the KCSWDM standards and Federal Way
amendments subject to engineering plans review and approval. If, as conditioned under SEPA, the
storm drainage system is not constructed under Cottages West permits, the applicant will be
required to construct the approved storm drainage facility in conjunction with Tuscany preliminary
plat construction.
Public access into the subdivision will be provided by the northward extension of 4' Avenue SW to
SW 353rd Street, and the creation of 3rd Place SW. Half street improvements to the eastern side of
4* Avenue SW and full street improvements within the 52-foot right-of- way of 3~d Place SW are
required, as well as dedication to the City. As recommended in Condition #2, the applicant will be
required to remove the temporary cul-de-sac in 4' Avenue SW in conjunction with street
improvements. As proposed, and as recommended pursuant to Condition #2, site access and street
design will be at the optimum locations and configurations for safe and adequate traffic circulation.
Channelization and street improvement plans, prepared per the City's engineering standards, are
subject to review and approval in conjunction with engineering plans review.
Pedestrian connections from the subject site to Enterprise Elementary School, which is located
northwest of the subject site, and to the senior high school bus stop will be provided via existing and
proposed sidewalks. Off site improvements to the eastern side of 4* Avenue SW between the
subject site and SW 356* Street are proposed by the applicant to provide a safe walking route of
travel for junior high school students.
o
10.
Steep slopes exist on the southeast portions of lots 21 and 22, and adjacent to lots 11 and 12 on
the Cottages West site abutting the property to the east. The applicant's geotechnical engineer
explored site and subsurface conditions and provided geotechnical recommendations for site
preparation and general earthwork, steep slope fill placement and re-grading, foundations,
retaining walls, excavations, and side slopes. Supplemental geotechnical analysis and
recommendations may be required by the Public Works Director or Building Official, during
development of the site, as allowed by FWCC Section 22-1286. To ensure that there is no
development activity within steep slope areas on lots 21 and 22, Condition #2 as recommended,
will establish these areas in a Native Growth Protection Easement (NGPE). Implementation of the
report recommendations, as well as Condition #1 of preliminary plat approval as recommended,
will minimize topographic impacts and ensure slope stability related to plat improvements and
future building construction.
The subject site contains 271 trees that meet the FWCC defmition of significant. The applicant has
proposed to remove 80 significant trees with site grading for the installation of roadways and
utilities. The remaining significant trees will be regulated under FWCC Section 22-1568 during
residential building permit review. As recommended in Condition #3, the landscape plan shall
include slope stabilization measures to be installed in conjunction with plat construction, storm
drainage facility or tract screening, street trees, and tree conservation techniques.
The recreation ~d open space needs of subdivision residents will be met through payment to the
City's Parks Department of an optional fee-in-lieu providing the on-site open space, which shall be
utilized to improve recreation opportunities within the park planning area of the subject property.
Pursuant to Condition #5 of preliminary plat approval as recommended, such fee shall be
calculated and paid prior to final plat recording.
Preliminary Plat of Tuscany
Staff Report to the Hearing Examiner
00-I04313-O0-SU
Page 13
11.
12.
13.
The proposed preliminary plat is permitted by FWCC Chapter 20, "Subdivisions," and Chapter
22, "Zoning." Lots that are rectangular in shape and that range in size from 9,600 square feet to
13,660 square feet in size are consistent with the standards of Article III of the FWCC Chapter 20.
As recommended, residential design themes and treatments shall be incorporated into any rockefies
or retaining walls constructed on the Tuscany site.
The proposed subdivision and all attachments have been reviewed for compliance with the FWCP;
FWCC Chapter 18, "Environmental Protection"; FWCC Chapter 20, "Subdivisions"; FWCC
Chapter 22, "Zoning"; and all other applicable codes and regulations. As proposed, and with
conditions as recommended by staff, the preliminary plat is consistent with the FWCP and all
applicable codes and regulations. The applicant is responsible to obtain outside agency permits as
applicable.
Prior to final plat approval and recording, all required and approved improvements will be
constructed, or the improvements appropriately bonded per City code requirements, and final plat
documents will be reviewed for consistency with the conditions of preliminary plat approval and all
applicable codes, regulations, and standards pertaining to final plat review.
X]~ RECOMMENDATIONS
Based on review of this application, the MDNS, and pertinent decisional criteria, the Department of
Community Development Services recommends approval of the preliminary plat subject to the
following conditions:
The applicant shall obtain the services of a qualified geotechnical engineer to review engineering
design and specifications; be present on site during all land surface modification activities,
including excavation of infiltration pond to ensure the pond bottom is established into soils which
can support infiltration rates; verify subsurface conditions; inspect and conduct compaction tests
for the roads, building lots, infiltration pond, and retaining walls; ensure implementation of the
recommendations in the geotechnical reports; and provide the City with any additional geoteehnical
recommendations for plat construction and future homes on the site, including re-vegetation of
disturbed areas and lot drainage adjacent to the steep slope, subject to determination by the
Directors of Community Development Services and Public Works. In addition, prior to final plat
approval, the infiltration system shall be required to be operational and approved by the Public
Works staff. This shall include infiltration tests conducted by the applicant and visual inspections
to demonstrate that the design infiltration rate is being achieved and the system is functioning
properly.
2. Prior to final plat recording, the preliminary plat map shall be revised as follows:
(a) Notation that all driveways must be set back a minimum distance of 25 feet from adjacent
intersections.
(b) Language reflecting Conditions 2, 3, 4, and 5 from the October 17, 2000, shared storm
Preliminary Plat of Tuscany
Staff Report to the Heating Examiner
00-10~313-00-SU
P~ge 14
drainage facility variance.
(c) Language dedicating all public rights-of-way to the City of Federal Way.
(d) Language establishing responsibility for maintenance of cul-de-sac landscaping with
homeowners.
(e) Language establishing responsibility of the applicant for the removal of the temporary cul-de-
sac on 4' Avenue SW in conjunction with roadway improvements.
(f) Half street improvements to the east side of 4* Avenue SW fi.om SW 353ra Street to SW
356th Street, including full curb, gutter, street trees, planter strip, sidewalk, and street lighting.
(g) Steep slope areas on proposed lots 21 and 22 established in aNGPE with language stating
that:
"NGPE conveys to the public a beneficial interest in the land within the easement,
that the interest includes the preservation of native vegetation for all purposes that
benefit the public health, safety, and welfare, including control of surface water and
erosion, maintenance of slope stability, and protection of plant and animal habitat.
The NGPE imposes upon all present and future owners and occupiers of land
subject to the easement the obligation, enforceable on behalf of the public by the
City of Federal Way, to leave undisturbed all trees and other vegetation within the
easement. The vegetation within the easement may not be cut, pruned, covered by
fill, removed, or damaged without express permission fi.om the City of Federal Way,
which permission must be obtained in writing fi.om the Director of Community
Development Services."
InStallation of a fence located ten feet fi.om the top of the NGPE to be installed prior to final
plat recording, and to be owned and maintained in perpetuity by the homeowners association.
(i) Any geotechnical restrictions and conditions for future building development, pursuant to
Condition # 1, above.
Prior to issuance of construction permits, a fmal landscape plan prepared by a licensed landscape
architect shall be submitted for review and approval by the Director of Community Development
Services, and shall include the following elements:
If constructed with the Tuscany project, visual screening of all property boundaries of the
infiltration tract (and fencing if applicable) fi'om adjacent properties and the 3~ Place SW
right-of-w~ay.
Street trees on the project side of 4* Avenue SW, and both sides of 3~d Place SW internal plat
street.
Preliminary Plat of Tuscany
StaffRcport to the Hearing Examiner
00-104313-O0-SU
Page 15
(c) Vegetative screening of retaining walls on the Cottages West site.
(d) Cul-de-sac landscaping.
(e) Re-vegetation of disturbed slope areas (as recommended by the geoteclmical engineer
pursuant to Condition St 1, above).
(f) Significant tree identification and replacement.
Prior to issuance of construction permits, the applicant shall submit elevations and design
descriptions of fences, where visible from rights-of-way or pedestrian areas, showing that these
utilize natural materials and colors and that fencing of the infiltration pond (if required by the
KCSWDM) is vinyl coated in a dark color and screened by landscaping (pursuant to an approved
landscape plan); for review and approval by the Directors of Community Development Services
and Public Works.
Prior to final plat recording, the applicant shall pay the alternative fee-in-lieu of providing on site
open space, as proposed and accepted, which fee shall be calculated on the basis of 15 percent of
the most recent assessed valuation or MAI appraisal at that time, subject to approval by the
Directors of Parks and Community Development Services.
Prior to issuance of construction permits, the applicant shall submit elevations and design
descriptions of retaining walls and rockeries for review and approval by the Directors of
Community Development and Public Works; showing that these are located outside of the right-of-
way, that these are harmonious with existing adjoining residential uses and promote residential
design themes through such means as terracing, orientation, natural material selection, use of
vegetation, and textural treatment.
xm LIST OF EXHIBITS
A. Reduced Scale Preliminary Plat of Tuscany
B. Vicinity Map
C. Legal Description
D. Mitigated Determination ofNonsignificance (MDNS), June 23, 2001
E. Staff Evaluation with Environmental Checklist, June 23,2001
F. Preliminary Technical Information Report (TLR) Prepared by Duncanson Company, Inc., August 2,
2000; Addenda including Water Quality Calculations, November 11, 2000; State Storage
Calculations, December 22, 2000; Emergency Overflow Calculations, December 21, 2000, and
Addendum, May 10, 2001
G. City Waiver, October 17, 2000
H. Reduced Scale Site Survey prepared by Duncanson Company, Inc., August 1, 2000
I. Geotechnical Engineering Study prepared by Earth Consultants, Inc., July 6, 2000, revised October
20, 2000, revised December 21, 2000, revised February 1, 2001, revised March 13, 2001, and
revised May 30, 2001
J. Reduced Scale Preliminary Grading Plan prepared by Duncanson Company, Inc., August 1, 2000,
revised December 15, 2000, revised February 1, 2001, and revised April 12, 2001
K. Reduced Scale Significant Tree Survey prepared by Duncanson Company, Inc., August I, 2000,
revised December 15, 2000, revised February 1, 2001, and revised April 12, 2001
Preliminary Plat of Tuscany
Staff Report to the Headng Examiner
00-104313-00-SU
Page 16
L. Reduced Scale Landscape Plan prepared by Ned Gulbran, ASLA, September 26, 2000
M. Wildlife Study prepared by J. S. Jones and Associates Inc., April 4, 2000
N. Wetland Assessment prepared by J. S. Jones and Associates, April 14, 2000, revised October 19,
2000
O. School Access Inventory Analysis prepared by the Duncanson Company, September 29, 2000
P. King County Certificate of Sewer Availability, July 5, 2000
Q. King County Certificate of Water Availability, July 5, 2000
Reduced Scale Conceptual Drainage and Utility Plan
TRAlq'31~'~tT~f.D TO THE PA~TmS LISTED HEREAFTER:
Federal Way Hearing Examiner
Applicant - Brooks Powell, Poweli Homebuilders
Engineer - JeffDye, Duneanson Company, Ine
~en~; ID #15925
Preliminary Plat of Tuscany
Staff Report to the Hearing Examiner
00-104313-00-SU
Page 17
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DUNCANSON COMPANY, 'INC
Civil Engineering . Surveying _ Land Use
14212 Ambaum Bird S.W., #301. Seattle, Washiflglon 98166
Phone: (206) 244-414! Fax: (206) 244-444!
CITY OF~
PO Box 9718
(253) 661-4000
Federal Way, WA 98063-9718
MITIGATED ENVIRONMENTAL
DETERMINATION OF NONSIGNIFICANCE
TUSCANY PRELIMINARY PLAT
Federal Way File No: 00-104315-00-SE
Related File No's: 00-104313-00-SU, 00-104014-00-SU
Description of
Proposal:
Proponent:
Location:
Lead Agency:
City Contact:
Proposed subdivision of a 6.3-acre lot into 22 single-family lots with installation of
streets, water and sewer and other infrastructure.
Powell Home Builders
Contact: Brooks Powell
PO Box 98309
Des Moines, WA 98198
206-824-6224
Property is located east of 4~ Avenue SW as extended, at SW 353rd Street as extended,
north of SW 356th Street.
City of Federal Way
Deb Barker, Associate Planner, 253-661-4103
The Responsible Official of the City of Federal Way hereby makes the following Findings of Fact based upon
impacts identified in the Envkonmental Checklist; Final StaffEvaluationfor Environmental Checklist; Federal
Way File No. 00-I 043 I 5-O0-SE; Conclusions of Law based upon the 2000 Federal Way Comprehensive Plan; and
other policies, plans, rules, and regulations designated as a basis for exercise of substantive authority under the
Washington State Environmental Policy Act Rules pursuant to RCW 43.21C.060.
FINDINGS OF FACT
The proposed action is to a subdivide 6.3 acre parcel into 22 single-family lots. The proponent is also
developing the lot to the east with a senior housing facility known as Cottages West. There are steep
slopes on the Cottages West site and in the southeast portion of the Tuscany site.
2. Traffic impacts associated with the proposed action were analyzed and mitigation proposed in the
EXHIBIT_
applicant's Traffic Impact Analysis (TIA) (prepared by Gibson Traffic Consultants, August 15,
2000), were reviewed by the City's Public Works Traffic Division. According to the TIA, new trips
generated by the proposed development will impact one Transportation Improvement Project (TIP)
in which the proposed development exceeds the net 10 PM peak hour trip threshold for requiring
mitigation. The project is South 356a' Street: 1st Avenue - SR 99: Widen to five lanes. In lieu of
constructing this improvement, prior to final plat approval, the applicant may pay a pro-rata share
contribution of $50,300.00 toward the impacted TIP project.
A Preliminary Technical Information report (TIR), August 2, 2000, was prepared for the site by
Duncanson Company, Inc., and reviewed by the Public Works Department. The report identified the
drainage basin for both the Tuscany site and the Cottages West site as a closed depression. In an
October 17, 2000 letter, the city waived the requirement for separate storm drainage facilities, and
approved construction of one storm drainage facility on the Cottages West site to serve both projects
subject to the following conditions.
· The applicant is required to design and construct the shared facility per the 1998 King
County Surface Water Design Manual (KCSWDM) and Federal Way Addendum.
· The applicant is required to execute a Drainage Release Covenant to hold and release the
city harmless from any damage that may be caused by stormwater from public rights of
way and contributing areas.
· The applicant shall release the city from any maintenance and or repair responsibilities of
the shared facility and the conveyance system from the public right of way to the shared
facility.
· The applicant shall establish an Operations and Maintenance Manual describing the
facility, the maintenance and repair requirements, and an outline of maintenance tasks and
frequency that each task should be performed.
· Cottages West must grant ingress/egress easement to the City of Federal Way in order to
monitor the maintenance and operation of the private storm drainage facility.
This facility villi be designed to provide water quality retention for the Tuscany Plat, as well as the
Cottage West site, and will also be sized to accommodate discharge from the Bellacarino subdivision
located west of the Tuscany site under overflow conditions. If, for any reason, the storm drainage
facility is not constructed and operational under the proposed Cottages West plat, the applicant will
be required to construct the approved storm drainage facility in conjunction with Tuscany
preliminary plat construction. The storm drainage facility shall be constructed by the applicant per
approved plans, inspected, and approved by the city before fmal plat approval can be granted.
This project will be required to construct roadway improvements for 4th Avenue SW, 3ra Place SW,
and SW 353rd Street as per the 2000 Federal Way Comprehensive Plan (FWCP) and as per the
Federal Way Oty Code (FWCC). Half street improvements including paving, curb and gutter, four
foot wide planter strip, street lights, and five foot wide sidewalk from the subject site south to SW
3564 Street will be installed along the east side of 4th Avenue SW to provide a safe pedestrian
corridor and to meet FWCC.
The Tuscany site contains 271 significant trees, 80 of which will be removed with the grading of the
subject site for the installation of roadways and utilities. Trees proposed for retention will be
regulated under the FWCC.
6. The final staffevaluation for Environmental Checklist, Federal Way File Number 00-104315-00-SE
is hereby incorporated by reference as though set forth in full.
Mitigated Determination of Nonsignific~nce Page 2
......... ~'~:~; .... n~' 00-104315-00-SE
EXHIBIT
PAGE 3 OF
CONCLUSIONS OF LAW
The goals and policies of the 2000 Federal Way Comprehensive Plan (FWCP) and the 1995 Comprehensive
Surface Water Management Plan serve as a basis for requiring SEPA conditions.
FWCP TG2 - Provide a safe, efficient, convenient, and financially sustainable transportation system
with sufficient capacity to move people, goods, and services at an acceptable level of service.
The City shall develop and adopt policies for the construction, reconstruction, maintenance, and
preservation of new and existing facilities.
FWCP TP6 - Give priority to transportation alternatives that improve mobility in terms of people
and goods moved for the least cost.
FWCP TP15 - Specify an appropriate merial LOS which balances the economic, ecological,
accessibility and livability needs of city residents, consumers, employers and employees.
FWCP TP16 - The City's LOS standard shall be E. This is defined herein as a volume/capacity ratio
less than 1.00 in accordance with Highway Capacity Manual (1994) operational analysis procedures.
At signalized intersections, the analysis shall be conducted using a 120-second cycle length and level
of service E is de£med as less than 60 seconds of stopped delay per vehicle. Where transit or HOV
facilities are provided, the LOS shall be measured by average delay and volume/capacity ratio per
person rather than per vehicle. This standard shall be used to identify concurrency needs and mitigation
of development impacts. For long-range transportation planning and concurrency analysis, a
volume/capacity ratio of 0.90 or greater will be used to identify locations for the more detailed
operational analysis.
Policy #4 Stormwater System Ownership. -The utility shall own and maintain all elements of the
storm drainage system in the right of way and in easements or tracts dedicated to and accepted by the
Utility. Stormwater systems located on private property shall be the responsibility of the owner to
maintain and improve.
The lead agency for this proposal has determined that the proposed action does not have probable significant
adverse impact on the envkonment, and an Environmental Impact Statement (EIS) is not required under
RCW 43.2 IC.032(2)(c), only if the following conditions are met. This decision was made after review of a
completed environmental checklist and other information on file with the lead agency. This information is
available to the public on request.
MITIGATION MEASURES
1. As required by the Public Works Director, the applicant shall either construct the Traffic
Improvement Program (TIP) projects at South 356th Street 1a Avenue South-SR 99 ($7,205,000)
prior to final pleat approval or, as may be allowed by the Public Works Director, voluntarily pay
$50,300.00 toward construction of this TIP project prior to the final plat approval.
2. If, for any reason, the storm drainage facility required for this plat is not constructed and
operational under the Cottages West plat, the applicant shall construct the approved off-site storm
drainage facility in conjunction with Tuscany preliminary plat construction. The storm drainage
facility shall be constructed by the applicant per approved plans, inspected, and approved by the
Mitigated Determination of Nonsignifi&nce Page 3
nn_lnaa~ q .no~qg,
city before final plat approval can be granted.
This MDNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for 14 days
from the date of issuance. Comments must be submitted no later than 5:00 p.m. on .July 9, 2001. Unless
modified by the city, this determination will become final following the above comment deadline.
Any person aggrieved by the city's final determination may file an appeal with the city within 14 calendar
days of the above comment deadline.
Responsible Official:
Position/Title:
Address:
Kathy McClung
Community Development Services Director
33530 First Way South PO Box 9718, Federal Way, WA 98063-9718
Date Issued:
June 23, 2001
Signature:
Document ID #15138
EXHIBIT
PAGE q OF
Mitigated Detcrmination of Nonsign~ficanoe Page 4
Ta,~.~n,~ Pre. liminarv Plat 00-104315-00-SE
]11
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FEDERAL WAY, WASHINGTON,
APPROVING WITH CONDITIONS THE
PRELIMINARY PLAT OF TUSCANY, FEDERAL
WAY FILE NO. 00-104315-00-SU.
WHEREAS, the applicant Brooks Powell of Powell Home Builders, applied to
the City of Federal Way for preliminary plat approval to subdivide certain real property known
as Tuscany and consisting of 6.32 acres into twenty-two (22) single family residential lots
located east of 4th Avenue SW as extended, at SW 353rd Street as extended; and
WHEREAS, on June 23, 2001, a Mitigated Environmental Determination of
Nonsignificance (MDNS) was issued by the Director of Federal Way's Department of
Community Development Services pursuant to the State Environmental Policy Act, RCW
43.21C, and no one appealed the MDNS; and
WHEREAS, the Federal Way Land Use Hearing Examiner held a public hearing
on September 4, 2001 concerning the preliminary plat of Tuscany; and
WHEREAS, following the conclusion of said hearing, on September 18, 2001, the
Federal Way Land Use Hearing Examiner issued a written Report and Recommendation
containing findings, and conclusions and recommending approval of the preliminary plat of
Tuscany subject to conditions set forth therein; and
WHEREAS, on October 1, 2001 the City Council Land Use and Transportation
Committee considered the record and the Hearing Examiner recommendation and voted to
Res. # ._, Pagel
WHEREAS, on October 16, 2001, the City Council considered the written record
and the Recommendation of the Hearing Examiner, pursuant to Chapter 20 of Federal Way City
Code, Chapter 58.17 RCW, and all other applicable City Codes;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Adoption of Findings of Fact and Conclusions.
1. The findings of fact and conclusions of the Land Use Hearing Examiner's
Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby
adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed
to be a conclusion, and any conclusion deemed to be a finding shall be treated as such.
2. Based on, inter alia, the analysis and conclusions in the StaffReport and Hearing
Examiner's recommendation, and conditions of approval as established therein, the proposed
subdivision makes appropriate provisions for the public health, safety, and general welfare, and
for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops,
potable water supplies, sanitary waste, parks and recreation, play grounds, and schools and
school grounds, and all other relevant facts as are required by City Code and State law, and
provides for sidewalks and other planning features to assure safe walking conditions for students
who walk to and from school.
3. The public use and interest will be served by the preliminary plat approval
granted herein.
Section 2. Application Approval. Based upon the recommendation of the Federal Way
Land Use Hearing Ex~aminer and findings and conclusions contained therein as adopted by the
City Council immediately above, the preliminary plat of Tuscany, Federal Way File No. 00-
Res. # , Page2
1043 I3-00-SU, is hereby approved, subject to conditions as contained in the Recommendation of
the Federal Way Land Use Hearing Examiner dated September 18, 2001 (Exhibit A).
Section 3. Conditions of Approval Integral. The conditions of approval of the
preliminary plat are all integral to each other with respect to the City Council finding that the
public use and interest will be served by the platting or subdivision of the subject property.
Should any court having jurisdiction over the subject matter declare any of the conditions
invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall
be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing
Examiner to review the impacts of the invalidation of any condition or conditions and conduct
such additional proceedings as are necessary to assure that the proposed plat makes appropriate
provisions for the public health, safety and general welfare and other factors as required by RCW
Chapter 58.17 and applicable City ordinances, rules and regulations, and forward such
recommendation to the City Council for further action.
Section 4. Severability. If any section, sentence, clause or phrase of this resolution
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this resolution.
Section 5. Ratification. Any act consistent with the authority and prior to the
effective date of the resolution is hereby ratified and affirmed.
Section 6. Effective Date. This resolution shall be effective immediately upon
passage by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,'
WASHINGTON, THIS ~ DAY OF ,2001.
Res. # . , Page3
CITY OF FEDERAL WAY
MAYOR, MIKE PARK
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
Res. # , Page4
CITY OF FEDERAL WAY
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
MEMORANDUM
To:
FRO~:
VZA:
RE:
DATE:
City Council Land Use and Transportation Committee
Kathy McC~ector of Community Development Services
Dc~Vitt:g~es at--'L/'Xl-rb~t Road Pi~l:rminary Plat
Application No. 98-104394-00SU
September 25, 200!
I. STAFF RECOMMENDATION
Staff recommends the Land Use and Transportation Committee forward to the City Council a
recommendation approving the Cottages at Hoyt Road preliminary plat with conditions, based on the
findings and conclusions in the September 6, 2001, Hearing Examiner Report.
II.
SUMMARY OF APPLICATION
The applicant requests approval of a 40-lot residential subdivision, as provided for under Federal
Way City Code (FVVCC) Chapter 20, "Subdivisions," subject to City Council approval.
III. REASON FOR COUNCIL ACTION
Pursuant to FWCC Chapter 20, "Subdivisions," the City Council issues a final decision at a public
meeting, after review of the Hearing Examiner's recommendation. Consistent with City procedures,
preliminary plat applications are brought to the Land Use and Transportation Committee for review
and recommendation prior to review by the full Council.
IV. HEARING EXAMINER'S RECOMMENDATION
On September 6, 2001, the Federal Way Hearing Examiner issued a report and recommendation
(enclosed) to approve the proposed preliminary plat. The Hearing Examiner's recommendation
includes all conditions recommended by staff. The Examiner's recommendation was issued following
consideration of a staff report (enclosed) and testimony presented at an August 28, 2001, public
hearing subject to the following conditions:
Stormwater conveyance, water quality and detention facilities used to control stormwater
runoff from the site shall be located in a stormwater tract dedicated to the City at the
time of final plat approval, unless located within improved public rights-of-way.
All streets shall have a minimum pavement section of three (3) inches Class B asphalt
over seven (7) inches of crushed surfacing to support the traffic loads.
Tract E, labeled as a Native Growth Protection Easement shall be re-labeled as a Native
Growth Protection Area Tract. Provisions related to the preservation and enhancement of
native vegetation in this tract shall be included in the homeowners' association
documents and submitted to the City for review and approval prior to Final Plat approval.
Consistent with the management recommendations of the Washington State Department
of Fish and Wildlife, during preliminary plat construction, snag creation techniques shall
be used to provide and enhance habitat opportunities for Pileated woodpeckers within
buffer Tract "E" and appropriate portions of Lot 35. Within these areas large logs and
stumps shall be left on the ground. Dead and dying trees which are not hazardous to
surrounding properties shall be left in place and healthy replacement trees of sufficient
size to repiace existing snags when they fall must be left in place. Prior to the issuance
of construction permits for the preliminary plat improvements, the applicant must submit
a management plan consistent with the DFW recommendations indicating the proposed
measures to provide and enhance habitat opportunities for Pileated woodpeckers within
buffer Tract "E" and appropriate portions of Lot 35, to the City's Community Development
Department for review and approval.
Clearing for the construction of the plat improvements, including roads, stormwater
improvements, and utilities, shall be generally consistent with the clearing limits depicted
on the Site Grading Plan, dated April 27, 2001, that was prepared by Touma Engineers as
part of the preliminary plat application materials. The clearing limits referenced above
are the approximate clearing limits necessary for road, stormwater improvements, and
utility grading, and may be modified with the approval of the Community Development
and Public Works Departments during final engineering review as required to reflect
changes in road, stormwater improvements, and utility designs, if any. The remaining
clearing beyond these limits necessary for development of the residential lots shall not be
performed until such time as approved permits are issued for development of the
residential lots.
Clearing and grading activities shall be restricted during the wet season, October ~1~t to
April 30th. NO clearing and or grading activities shall occur during this period unless
previously approved in writing by the Public Works Director.
PROCEDURAL SUMMARY
November 16, 1998
December 11, 1998
December 14, 1998
August 18, 2000
May 26, 2001
August 28, 2001
September 6, 2001
October 1, 2001
Date of application for 59-1ot cluster subdivision.
Date application determined complete.
Notice of application issued.
Revised to 40-lot "traditional" plat and re-submitted to City.
MDNS Environmental determination issued.
Hearing Examiner Public Hearing. (Pursuant to FWCC Section 22-126, the
Hearing Examiner issues a recommendation to the City Council.)
Hearing Examiner issues recommendation of conditional approval of
preliminary plat to the City Council.
City Council Land Use and Transportation Committee meeting. (This
committee forwards a recommendation to the full Council for a decision
at a public meeting [see Section VII, below].)
DECISIONAL CRITERIA
Except as specifically noted in FVVCC Section 20-127, the scope of the City Council review is limited
to the record of the Hearing Examiner public hearing; oral comments received at the public meeting
(provided these do not raise new issues or information not contained in the Examiner's record); and
the Examiner's report. These materials shall be reviewed for compliance with decisional criteria set
forth in FVVCC Section 20-126(c), as noted below:
1. Consistency with the Federal Way Comprehensive Plan;
2. Consistency with all applicable 'provisions of the Chapter (FVVCC Ch. 20), including those
adopted by reference from the comprehensive plan;
3. Consistency with the public health, safety, and welfare;
4. Consistency with the design criteria listed in section 20-2; and
5. Consistency with the development standards listed in sections 20-151 through 157, and 20-178
through 20-187.
Findings for determining that the application is consistent with these decisional criteria are set forth
on pages 2-6, of the Hearing Examiner's report and recommendation.
VII.
COUNCIL ACl-ION
After consideration of the record, the City Council may, by action approved by a majority of the total
membership, pursuant to FVVCC Sec. 20-127:
1. Adopt the recommendation and approve the Preliminary Plat; or
2. Reject the recommendation and deny the Preliminary Plat; or
3. Remand the preliminary plat back to the Hearing Examiner pursuant to FVVCC Section 20-
127(b); or
4. Adopt its own recommendations. The Council may then:
a. Approve the Preliminary Plat; or
b. Disapprove the Preliminary Plat; or
c. Require or approve a minor modification to the Preliminary Plat pursuant to FVVCC 20-
127(d).
A draft resolution recommending approval of the proposed application as recommended by the
Hearing Examiner is included.
EXHIBITS
HEARING EXAMINER REPORT AND RECOMMENDATION, SEPTEMBER 6, 2001
STAFF REPORT TO HEARING EXAMINER~ AUGUST 28~ 2001*
Cl-rY COUNCIL DRAFT RESOLUTION FOR PRELIMINARY PLAT APPROVAL
* Note: Not all copies of staff repoKs include all exhibits as listed. A full packet including all exhibits to the
Hearing Examiner is located in the City Council office.
Eric~aison /
4
NIGH POINT P,,~,RK DIV. .3
UNPL A TTED
x,. VlX~DGEW, OOD DIV.
SCALE 1"=50'
¢OTTAGESATHOYTROAOpREUM/NARY PLA T
Page - 2
2. Letter from Steven Jones dated August 28, 2001
3. Letter from Craig Ramsey dated August 22, 2001
4. Letter from Ted Kramer dated August 28, 2001
5. Power Point presentation
6. Letter from Dan Catron
7. Letter from Dan and Pat Curran
III. FINDINGS
The Hearing Examiner has heard testimony, viewed the site and area, 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 "1" 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 an irregularly shaped, 16.4
acre parcel of property abutting the east side of Hoyt Road north of its intersection
with SW 340t~ St. within the City of Federal Way. The parcel, covered with second
growth Douglas fir trees, slopes down hill from east to west and from south to north.
The applicant requests preliminary plat appr6val to allow subdivision of the site into
40 single family residential lots with a minimum lot size of 7,200 square feet.
The preliminary plat map shows a looped internal plat road with two accesses onto
Hoyt Road and cul-de-sacs extendin~ to the north and south from the loop road.
The map also shows a storm drainage detention pond in the northwest corner
adjacent to Hoyt Road, a 15 foot wide buffer along the north property line adjacent
to the High Point Park Division 3 subdivision, a 50 foot wide buffer along the east
property line adjacent to the High Point Park Division 1 subdivision, and a 15 foot
wide buffer along the south property line adjacent to the Wedgewood Division 3
Page- 1
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MA'i-I'ER OF:
COTTAGES AT HOYT ROAD
)
)
)
)
)
)
FWHE# 01-06
98-104394-00-SU
98-104393-00-SE
I. SUMMARY OF APPLICATION
The applicant is requesting preliminary plat approval of a 16.9 acre parcel into a 40
lot single family residential subdivision.
I1. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
August 28, 2001
September 6, 2001
At the hearing the following presented testimony and evidence:
1. David Graves, Contractual Planner for City of Federal Way
Mike Davis, representing applicant, 27013 Pacific Highway South #353, Des
Moines, WA 98198
3. Dan Catron 32230 45"~ St. SW, Federal Way, WA 98023
4. Pamela Kramer 33175 42"d Place SW, Federal Way, WA 98023
5. Robert Stiers, 33225 43'~ Ave. SW, Federal Way, WA 98023
6. Pat Curran, 33180 42"d PI. SW, Federal Way, WA 98023
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1' Staff Report with all attachmentS 2 ~~~
Page - 3
subdivision.
Single family residential homes in the High Point Park Division 3 subdivision to the
north, the High Point Park Division 1 subdivision to the east, and in the Wedgewood
Division 3 subdivision to the south abut the north, east, and south property lines.
Hoyt Road abuts the west property line, and properties to the west of Hoyt Road are
improved with single family residential homes.
The parcel is located within the Single Family Residential (RS) zone classification
of the Federal Way City Code (FVVCC). Section 22-631 FWCC authorizes detached
dwelling units as outright permitted uses in the RS-7.2 zone classification with a
minimum lot size of 7,200 square feet. Said section also requires structural setbacks
of 20 feet from the front yard (street) and five feet from the side and rear yards.
Structures may extend a maximum of 30 feet above average grade. Abutting
parcels to the north and east are also located within the RS-7.2 zone classification,
while parcels to the south are within the RS-9.6 classification which authorizes
single family homes on minimum 9,600 square foot lots. Parcels to the west across
Hoyt Road are within the RS-7.2, 9.6, and 15.0 classifications. Since the minimum
lot size will equal 7,200 square feet, the project complies with the RS-7.2
classification. The project will be compatible with surrounding development which
has occurred in accordance with City zoning.
o
A visit to the site establishes that the parcel appears to be one of the last remaining
undeveloped parcels in the area. Many new subdivisions and other development
has occurred in the area in the recent past to include the subdivision to the east and
north. A single family subdivision constructed in accordance with conditions of
approval and City ordinances should fit in well with the existing neighborhood.
o
Concerns were raised regarding the ability of the applicant tp control storm water
runoff from the site and the fact that the storm drainage pond will accommodate only
a ten year storm event. The applicant must design its storm drainage improvements
in accordance with the 1990 King County Surface Water Design Manual and the
City of Federal Way Addendum to the manual. The applicant will install storm water
collection and conveyance systems for all paved areas and will collect and route
water to the on-site detention facility. Touma Engineers prepared a storm drainage
report for the preliminary plat (Exhibit "E" to the staff report) which shows that a
majority of lot 35 consisting of 3.73 acres will bypass the on-site drainage facilities.
Furthermore, because a project called North Shore Division 2 has diverted 100
acres away from the drainage basin within which the plat is located, the City
propedy determined that a design to accommodate the two and 10 year, seven day
Page - 4
10.
11.
12.
storm peaks were appropriate for the pond. The applicant also increased the
detention volume by 30% over the ten year event. The City Public Works
Department must approve the applicant's storm drainage plan.
Concerns were raised regarding the potential for erosion since the geotechnical
engineering study performed by Terra Associations, Inc., identified the soils on site
as having a moderate to very severe potential for erosion. Concerns were also
raised regarding the amount of grading necessary to prepare the site for
constructing single family homes. The geotechnical engineering study notes that the
applicant revised the grading plan as requested by the City to limit grading to that
needed for roadways. The graded areas are generally limited to 2:1 slopes which
reduces the disturbance of vegetation on the site. The geotechnical report
concluded that the revised grading plans prepared by Touma Engineers are in
general conformance with the geotechnical recommendations and the City's
request. The geotechnical engineer recommended that grading on lots and
roadways be performed concurrently so that the completed lots are at a potential
final grade for individual builders, and to reduce potential problems created by
grading on individual lots. However, the applicant agreed to honor the City's request
and grade only the roads initially and then each lot individually. Such will preserve
on-site vegetation and will limit mass grading to the westem portion of the site near
Hoyt Road.
While testimony at the hearing referred to slopes as much as 75% on the site, the
City and the applicant's engineers agree that a majodty of on-site slopes range from
15% to 25%. However, limited areas in the eastern portion of the site and larger
areas adjacent to the east/west ravine in the north portion of the site have slopes
of 40% or greater. Only those slopes associated with the ravine are classified as
"steep slope hazard" areas. The applicant must submit a temporary erosion and
sedimentation control (TESC) plan for approval by the Director of Public Works prior
to any soil disturbing activities. Implementation of the TESC.plan along with best
management practices will prevent and/or minimize impacts from erosion during the
construction phase of the project. Post construction erosion will be minimized by
implementation of the storm water drainage plan and stabilization of disturbed
areas.
As previously found, the site is heavily vegetated with Douglas fir, other evergreen
and deciduous species, and a thick understory. As previously found, the applicant
will retain all natural vegetation on the site except that which will be removed for
grading and home construction. The applicant conducted a tree survey in
accordance with Section 22-1568 FWCC, the significant tree provisions. The tree
Page - 5
13.
14,
survey identified 590 trees larger than 12 inches in diameter located outside of the
grading and clearing limits. Sections 20-186 and 22-1568 FWCC require retention
of significant trees located outside of the grading and cleadng limits until building
permits are issued for single family lots. After construction of the roads and utilities,
approximately 392 total trees larger than 12 inches in diameter will remain. Most of
the significant trees to be retained are located on the eastedy portion of the site as
grading will not occur in that area. Trees will be lost on the west side of the parcel
which will support the roads and water detention facility. Since greater than 25% of
the significant trees located on the site will remain, no additional tree planting is
required. Construction of the plat as proposed complies with all City ordinances
requiring retention of significant trees.
Concerns were raised regarding the adequacy of the wildlife assessment as it did
not consider wetlands off site to the west and wildlife corridors. Portions of the site
will remain undisturbed and will provide habitat areas for urban wildlife. No
testimony or evidence asserts the presence of any State or federally listed,
threatened, or otherwise protected animal species on the site. The City's
Comprehensive Plan Priority Habitats and Species Map likewise does not list the
presence of any pdority habitats or species on or adjacent to the site. The wildlife
study prepared by Terra Associates concludes that development of the property "will
not impact any listed species or habitats of concern". The study indicates the
presence of Pileated woodpeckers, a species designated as a candidate for listing
on the'State's priority habitat and species list. The State Department of Fish and
Wildlife has prepared management recommendations for Pileated woodpeckers,
and such will be incorporated into the management of the buffer tracts and the
undeveloped portion of lot 35. While abutting and nearby residents reported seeing
eagles flying into and out of the site, no nests have been located.
Concerns were raised regarding existing traffic problems in the area and the safety
of the proposed southern access onto Hoyt Road. The appllcant must dedicate a
nine foot wide strip of property adjacent to Hoyt Road across the plat frontage and
increase the half street right-of-way width from 30 to 39 feet. The applicant must
also install frontage improvements to include concrete curb and gutter, planter stdp,
sidewalk, and street lighting. The internal plat roads will also be public streets
constructed to City .standards with concrete curbs and gutters, planter strips,
sidewalks, and streetlighting on both sides. Both the Public Works Department and
Fire Department have approved the subdivision access and roadway system. The
applicant will install sidewalks along all lot frontages within the subdivision and
along the Hoyt Road frontage. Mitigating measures in the MDNS require the
applicant to contribute its prorata share of the construction cost of projects identified
Page - 6
in the City's Transportation Improvement Plan (TIP) which subdivision traffic will
impact. The applicant will contribute $10,800 for traffic improvements on 320t~ St.
15.
Concerns were raised regarding safe walking conditions for elementary school
children who will walk to Green Gables Elementary via Hoyt Road. The sidewalk
constructed by the applicant will tie into the sidewalk adjacent to the High Point Park
subdivision to the north. However, said sidewalk ends south of SW 329~' St. and
students currently walk along the shoulder of Hoyt Road to SW 329th St. where a
crosswalk and an adult crossing guard ensure a safe crossing. Mitigating measures
in the MDNS require the applicant to install a warning sign advising of the presence
of the school crossing and also to install curbing which will separate the commonly
used walkway from vehicle traffic along Hoyt Road. Such will assure safe walking
conditions for elementary students walking between Green Gables Elementary and
the subdivision. The applicant must also satisfy the City school impact fee ordinance
and pay to the Federal Way School District the sum of $2,710 per single family
housing unit.
16.
Section 20-155(b) FWCC requires residential subdivisions to provide open space
in the amount of 15% of the gross land area of the site, or in the alternative, pay a
fee in lieu of open space for all or some portions of the area required. The open
space required for the preliminary plat calculates to 2.46 acres and the Federal Way
Parks, Recreation, and Cultural Services Department has reviewed and accepted
the applicant's proposal tO Pay a fee in lieu of providing on-site open space.
17.
The City of Tacoma will provide both domestic water and fire flow to the site in
accordance with City standards, and the applicant will construct a fire hydrant within
350 feet of each lot.
18.
Lakehaven Utility District has provided a Certificate of Sewer Availability and will
serve each lot in the subdivision with sanitary sewers. As pregiously found, the City,.
of Tacoma will provide both domestic water and fire flow to the site and has
provided a Certificate of Water Availability.
19.
Prior to obtaining a recommendation of approval of a preliminary plat to the Federal
Way City Council, the applicant must establish that the request satisfies the cdteria
set forth in Section 20-126(c) FWCC. Findings on each criteda set forth therein are
hereby made as follows:
Ao
The project complies with the adopted Federal Way Comprehensive Plan
which designates the parcel as Single Family High Density.
Page - 7
20.
Bo
The preliminary plat is consistent with all applicable provisions of the FWCC
including those adopted by reference from the comprehensive plan. The
applicant must comply with the provisions of Chapter 18, Environmental
Policy; Chapter 20, Subdivisions; and Chapter 22, Zoning as well as other
applicable codes and regulations.
Co
The project will be consistent with the public health, safety, and welfare if
developed in accordance with conditions of approval, the mitigating
measures set forth in the MDNS, and applicable provisions of the FVVCC.
The proposed preliminary plat is consistent with the design criteria set forth
in Section 20-2 FWCC. The plat provides water, sewage, storm drainage,
and recreational areas. The plat will also promote safe and convenient travel
on streets and provide proper ingress and egress. It will also provide for the
housing needs of the community.
The preliminary plat complies with the development standards set forth in
Sections 20-151 through 157 and Section 20-158 through 187.
Neighbors raised concerns regarding development of the preliminary plat both in
wdting and oral testimony. However, no'expert testimony or studies were presented
to contradict any of the applicant's or the City's experts. It appeared to the Examiner
that both City staff and the applicant had considered the concerns raised by
residents and addressed them in the plat design as much as reasonably possible.
The plat provides significant buffers between residential areas where the code
requires none, and the applicant will not engage in mass grading of lots even
though recommended by the geotechnical engineer. As stated by the Washington
Court of Appeals in Maranatha Mininq v. Pierce County, 59 Wn. App 795 (1990):
The only expert testimony in the record shows that the mitigation
measures would prevent ground water contamination. The fish
hatchery operators advise that the project would not affect their
operations. The Examiner's findings show that Maranatha's
proposals would mitigate the impact of dust particulates. The draft
ElS stated that proposed improvements to roads and a bridge in
the area would allow for "safe and comfortable" travel on affected
roads. The only opposing evidence was generalized complaints
from displeased residents. Community displeasure cannot be the
basis of a permit denial. 59 Wn. App 795 at 804.
Page - 8
In the present case, while citizens have raised significant concerns, the applicant
and the City have responded to all such concerns and provided amenities not
required by code.
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.
2. The proposed preliminary plat of Cottages at Hoyt Road complies with all
requirements of the Federal Way City Code to include Section 20-126(c).
The proposed preliminary plat makes appropriate provision for the public health,
safety, and general welfare for open spaces, drainage ways, streets, roads, alleys,
and other public ways, transit stops, potable water supplies, sanitary waste, parks
and recreation, playgrounds, schools and school grounds, and safe walking
conditions for students who walk to and from school.
o
The proposed preliminary plat will serve the public use and interest by providing an
attractive location for a single family residential subdivision in a growing area of the
City. Therefore, the Federal Way City Council Should approve the proposed
preliminary plat subject to the following conditions:
Stormwater conveyance, water quality, and detention facilities used to control
stormwater runoff from the site shall be located in a stormwater tract
dedicated to the City at the time of final plat approval, unless located within
improved public rights-of-way.
All streets shall have a minimum pavement section of three inches Class B
asphalt over seven' inches of crushed surfacing to support the traffic loads.
Tract E, labeled as a Native Growth Protection Easement, shall be re-labeled
as a Native Growth Protection Area Tract. Provisions related to the
preservation and enhancement of native vegetation in this tract shall be
included in the homeowner's association documents and submitted to the
City for review and approval prior to Final Plat approval.
Page - 9
Consistent with the management recommendations of the Washington State
Department of Fish and Wildlife (WDFW), during preliminary plat
construction, snag creation techniques shall be used to provide and enhance
habitat opportunities for Pileated woodpeckers within buffer Tract "E" and
appropriate portions of Lot 35. Within these areas large lots and stumps
shall be left on the ground. Dead and dying trees that are not hazardous to
surrounding properties shall be left in place, and healthy replacement trees
of sufficient size to replace existing snags when they fall must be left in
place. Prior to the issuance of construction permits for the preliminary plat
improvements, the applicant must submit a management plan consistent with
the WDFW recommendations indicating the proposed measures to provide
and enhance habitat opportunities for Pileated woodpeckers within buffer
Tract "E" and appropriate portions of Lot 35, to the City's Community
Development Services Department for review and approval.
Clearing for the construction of the plat improvements, including roads,
stormwater improvements, and utilities, shall be generally consistent with the
clearing limits depicted on the April 27, 2001, Site Grading Plan that was
prepared by Touma Engineers as part of the preliminary plat application
materials. The clearing limits referenced above are the approximate clearing
limits necessary for road, stormwater improvements, and utility grading, and
may be modified with the approval of the Community Development Services
and Public Works Departments during final engineering review as required
to reflect changes in road, stormwater improvements, and utility designs, if
any. The remaining cleadng beyond these limits necessary for development
of the residential lots shall not be performed until such time as approved
permits are issued for development of the residential lots.
Clearing and grading activities shall be restricted du.ring the wet season,
October 1st. to April 30th. No clearing and or grading activities shall occur
during this period unless previously approved in writing by the Public Works
Director.
Page ~ 10
RECOMMENDATION:
The Federal Way City Council should approve the preliminary plat of Cottages at
Hoyt Road subject to the conditions contained in the conclusions above.
gflL~HEN ff. CAUSSEAUX,/JR?
Hearing Examiner
TRANSMITTED THIS L,0~'- DAY OF September, 2001, to the following:
APPLICANT:
Rick Williams
19904 Des Moines Memorial Drive
Seattle, WA 98148
AGENT:
Michael Davis
Davis Consulting, Inc.
27013 Pacific Highway South, PMB No. 353
Des Moines, WA 98198
OWNER:
Rick Williams
19904 Des Moines Memorial Drive
Seattle, WA 98148
Mr. and Mrs. Robert Stiers 33225 43rd Ave. SW
Paul Kramer
Dan Catron
Pat Curran
Robert LaBounty
David Tresdale
Tom Touma
33175 42"d PI. SW
32230 45"' PI. SW
33180 42"'~ PI. SW
33313 41st Ave. SW
Federal Way, WA 98023
Federal Way,. WA 98023
Federal Way, WA 98023
Federal Way, WA 98023
Federal Way, WA 98023
12525 Willows Road #101 Kirkland, WA 98034
6632 S. 191't PI. Ste. E102 Kent, WA 98003
City of Federal Way
c/o Chris Green
P.O. Box 9718
Federal Way, WA 98063-9718
CITY COUNCIL REVIEW, ACTION
Pursuant to Section 20-127, following receipt of the final report and recommendation of
the headng examiner, a date shall be set for a public meeting before the city council.
The city council review of the preliminaoj plat application shall be limited to the record of
the hearing before the hearing 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 cdteria set forth in section 20-
126. The city council may receive new evidence or information not contained in the
record of hearing before the headng examiner, but only if that evidence or information: (i)
relates to the validity 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
headng examiner with the direction to reopen the headng 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 headng 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.
As 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 will 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
plat; and
The city determines that the change will not increase any adverse impacts or
undesirable effects of the project and that the change does not significantly alter
the project.
CITY OF FEDERAL WAY
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
REPORT TO THE
FEDERAL WAY HEARING EXAMINER
COTTAGES AT HOYT ROAD
PRELIMINARY PLAT
File Number: 98-104394-00-SU
Related File Number: 98-104393-00-SE
PUBLIC HEARING - AUGUST 28, 2001
2:00 p.m.
cITy COUNCIL CHAMBERS
FEDERAL WAY CITY HALL
33530 First Way South
253-661-4000
Report Prepared by
David Graves, AICP, Senior Planner
Madrona Planning & Development Services
206-297-2106
TABLE OF CONTENTS
SECTION
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
Recommendation
General Information
Consulted Departments and Agencies
State Environmental Policy Act
Natural Environment
A. Stormwater Runoff
B. Soils
C. Topography
D. Vegetation
E. Wildlife
F. Sensitive Areas
Neighborhood Characteristics
General Design
A. Subdivision Access & Roadway System
B. Pedestrian System
C. Landscape Buffers & Open Space
Transportation
A. Street Improvements
B. Adequacy of Arterial Roads
Public Services
A. Schools
B. Open Space
C. Fire Protection
Utilities
A. Sewage Disposal
B. Water Supply
C. Drainage Facilities
Analysis of Decisional Criteria
Findings of Fact and Conclusion
List of Exhibits
PAGE
1
2
3
4
5
5
5
5
6
7
7
8
8
8
8
8
9
9
9
10
10
11
11
I1
11
II
12
12
13
15
I. RECOMMENDATION
Based on review of this application, the environmental record, and pertinent decisional criteria,
the Department of Community Development Services recommends approval of the preliminary
plat subject to the following conditions:
Stormwater conveyance, water quality, and detention facilities used to control stormwater
runoff from the site shall be located in a stormwater tract dedicated to the City at the time of
final plat approval, unless located within improved public rights-of-way.
2. All streets shall have a minimum pavement section of three inches Class B asphalt over
seven inches of crushed surfacing to support the traffic loads.
Tract E, labeled as a Native Growth Protection Easement, shall be re-labeled as a Native
Growth Protection Area Tract. Provisions related to the preservation and enhancement of
native vegetation in this tract shall be included in the homeowner's association documents
and submitted to the City for review and approval prior to Final Plat approval.
o
Consistent with the management recommendations of the Washington State Department of
Fish and Wildlife (WDFW), during preliminary plat construction, snag creation techniques
shall be used to provide and enhance habitat opportunities for Pileated woodpeckers within
buffer Tract "E" and appropriate portions of Lot 35. Within these areas large logs and
stumps shall be left on the ground. Dead and dying trees that are not hazardous to
surrounding properties shall be left in place, and healthy replacement trees of sufficient size
to replace existing snags when they fall must be left in place. Prior to the issuance of
construction permits for the preliminary plat improvements, the applicant must submit a
management plan consistent with the WDFW recommendations indicating the proposed
measures to provide and enhance habitat opportunities for Pileated woodpeckers within
buffer Tract "E" and appropriate portions of Lot 35, to the City's Community Development
Services Department for review and approval.
o
Clearing for the construction of the plat improvements, including roads, stormwater
improvements, and utilities, shall be generally consistent with the clearing limits depicted
on the April 27, 2001, Site Grading Plan that was prepared by Touma Engineers as part of
the preliminary plat application materials. The clearing limits referenced above are the
approximate clearing limits necessary for road, stormwater improvements, and utility
grading, and may be modified with the approval of the Community Development Services
and Public Works Departments during final engineering review as required to reflect
changes in road, stormwater improvements, and utility designs, if any. The remaining
clearing beyond these limits necessary for development of the residential lots shall not be
performed until such time as approved permits are issued for development of the residential
lots.
Clearing and grading activities shall be restricted during the wet season, October I st to April
30th. No clearing and or grading activities shall occur during this period unless previously
approved iff writing by the Public Works Director.
Cottages at Hoyt Road Preliminary Plat 98-104394o00-SU
Hearing Examiner Report Page I
II.
GENERAL INFORMATION
File No:
98-104394-00-SU
Applicant:
Rick Williams
19904 Des Moines Memorial Drive
Seattle, WA 98148
Agent:
Michael Da,~ is
Davis Consulting, Inc.
27013 Pacific Highway South, PMB No. 353
Des Moines, WA 98198
Phone: 253-859-37503
Owner:
Rick Williams
19904 Des Moines Memorial Drive
Seattle, WA 98148
Action
Requested:
Preliminary plat approval of a 40 lot single-family residential subdivision as
provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions,"
and requiring approval pursuant to FWCC Section 20-110.
A. Description of the Proposal
The applicant proposes to subdivide approximately 16.4 acres into 40 single-family
residential lots each having a minimum area of 7,200 square feet (Exhibit A). The proposal
includes construction of a road system, utilities, stormwater facilities, street frontage
improvements, and other related infrastructure to serve the proposed residential lots, The
property has frontage along Hoyt Road SW, a public right-of-way, and vehicular access will
be provided from Hoyt Road SW. The property is undeveloped and vacant.
B. Location
The subject property is located in the City of Federal Way, on the east side of Hoyt Road
SW, in the 33300 block (Exhibit B).
C. Legal Description
The Southwest Quarter of the Southeast Quarter of Section 14, Township 21 North, Range 3
East, W.M. in King County, Washington, including those portions of F.B. Hoyt Road No.
1057 vacated under volume 70 of Commissioner's records, page 55; except that portion of
said Southwest Quarter of the Southeast Quarter lying within High Point Division 1,
according t_o the plat thereof recorded in volume 110 of Plats, pages 7 and 8, records of
King County, Washington; and except that portion lying west of the east line of 47' Avenue
SW.
Cottages at Hoyt Road Preliminary Plat
Hearing Examiner Report
98-104394-00-SLI
Page 2
D. Size of Property
The subject site has a land area of approximately 16.4 acres.
E. Land Use and Zoning
Site RS-7.2~ Single Family - High Density Vacant
North RS-7.2 Single Family - High Density Single Family Residential
(SFR)
South RS~9.6 Single Family - High Density SFR
East RS-7.2 Single Family - High Density SFR
West RS-7.2, 9.6 Single Family - High Density & SFR & Vacant
& 15.0 Medium Density
F. Background
The application for the Cottages at Hoyt Road preliminary plat was originally submitted as
a 59-1ot cluster subdivision in November 16, 1998, with a stormwater outfall to Joe's Creek.
In 2000, the project was redesigned as a 40-1ot "traditional" plat with stormwater detained
and treated on site in an open pond and discharged to the City's conveyance system. The
applicant is proposing to pay a fee in lieu of providing open space on the site.
III. CONSULTED DEPARTMENTS AND AGENCIES
The following departments, agencies, and individuals were advised of this application.
Community Development Review Committee (CDRC), consisting of the Federal Way
Community Development Services Planning and Building Divisions; Public Works
Engineering and Traffic Divisions; Parks, Recreation, and Cultural Services Department;
Federal Way Department of Public Safety (Police); Federal Way Fire Department;
Lakehaven Utility District; and Federal Way Public Schools. CDRC comments have been
incorporated into this report where applicable. The Washington State Department of Fish
and Wildlife (WDFW) was also consulted with regarding the presence of Pileated .
woodpeckers on the site because their presence on the site has been documented.
Bo
All property owners and occupants within 300 feet of the site were mailed a notice of the
application and a notice of the August 28, 2001, public hearing. The site and the City's
official notice boards were posted, and notice was published in the newspaper. No public
comment letters were received regarding the notice of application.
Co
In accordance with the State Environmental Policy Act (SEPA) and FWCC Chapter 18,
"Environmental Protection," all property owners and occupants within 300 feet of the site,
and all affected agencies, were notified of the proposed action and the City's environmental
determination. In addition, the site and the City's official notice boards were posted, and
~ RS-7.2 = Single family residential, 7,200 SF minimum lot size.
Cottages at Hoyt Road Preliminary Plat 98-104394-00-SU
Hearing Examiner Report Page 3
notice was published in the newspaper. Seven comment letters (Exhibit C) were received
prior to the established deadline of June 11,2001. No changes or corrections were made to
the City's initial environmental determination. No appeals were filed and the environmental
determination has become final.
IV.
STATE ENVIRONMENTAL POLICY ACT
A Mitigated Environmental Determination ofNonsignificance (MDNS) was issued for the
proposed action on May 26, 2001 (Exhibit D). This determination was based on review of
information in the project file, including the environmental checklist, resulting in the
conclusion that the proposal would not result in probable significant adverse impacts on the
environment provided the following measures are complied with:
The applicant shall either construct the identified impacted Transportation
Improvement Plan (TIP) projects, as required by the Public Works Department,
prior to final plat approval; or,
The applicant may contribute $10,800, which is the project's pro-rata share of the
construction cost for the following impacted TIP projects, as required by the
Public Works Department, prior to the issuance of construction permits:
TIp Project Pro-rata Share
South 320th Street at pt Avenue South $5,300
South 320~ Street: 8th Avenue South to SR99 $5,500
Prior to final plat approval, subject to review and approval by the Public Works
Director, the applicant shall provide school-related pedestrian safety improvements
at SW 329t~ Street and Hoyt Road SW; specifically, advance warning signage,
advance warning flashing beacon, and approximately 75 feet of extruded curb
behind the eastern edge line on Hoyt Road to separate the walkway from vehicular
traffic, or pay an amount not to exceed $20,000 in lieu of the above improvements.
Prior to Preliminary Plat approval, the applicant shall submit a landscape plan,
based on the following requirements, for review and approval by the Director of
the Department of Community Development Services, with concurrence by the
Public Works Director. The applicant must incorporate plantings into the design
of the stormwater detention pond and surrounding retaining walls, and the
proposed retaining walls to be located adjacent to the Hoyt Road right-of-way.
These plantings should be dense, bulky, and of large caliper to provide screening
upon installation. Plant materials chosen should be a mixture of trees and shrubs,
with a mixture of evergreen and deciduous species to provide seasonal color and
year-round greenery. Plantings must also be incorporated into the perimeter of the
detention pond and other disturbed areas of Tract A to provide additional
screening. Irrigation should be incorporated into the landscape plan to ensure
plant survival and used until the plants become established. Plantings shall be
installed as part of the preliminary plat improvements.
Cottages at Hoyt Road Preliminary Plat 98-104394-00-SU
Hearing Examiner Report Page 4
Seven comment letters were received during the SEPA MDNS public comment period,
which ended on June 11, 2001. These letters raised issues related to wildlife habitat, slope
stability, traffic impacts, and the loss of natural vegetation on the site. No appeals were
received prior to the established deadline of June 25,2001. No changes or corrections were
made to the City's initial environmental determination.
V. NATURAL ENVIRONMENT
A. Stormwater Runoff
The applicant is required to provide storm drainage improvements designed in accordance
with the 1990 King County Surface Water Design Manual (KCSWDM) and the City of
Federal Way addendum to the manual. An on-site stormwater collection and conveyance
system for all paved areas is proposed. Stormwater will be collected and then routed to the
on-site detention facility, to be located in the northwest comer of the site. Discharge from
the detention facility will be to the City's conveyance system located on the east side of
Hoyt Road, which discharges to Joe's Creek, approximately 250 yards to the north of the
site. A June 15, 2000, Storm Drainage Report, prepared by Touma Engineers (with
revisions September 25, 2000, November 14, 2000, and March 16, 2001, and an April 4,
2001, supplemental letter, Exhibit E) was submitted to the Department of Community
Development Services and reviewed by the Public Works Department. See Section X.C. of
this report for a detailed description of proposed storm drainage facilities.
B. Soils
The soil classification for the majority of the site is Alderwood Gravelly Sandy Loam, 15-
30 percent slope (AgD), and the remaining area in the southerly portion of the site is
Alderwood Gravelly Sandy Loam, 6-15 percent slope (AgC), pursuant to the City of
Federal Way Soil Classifications map. These soils typically consist ofa surficial zone (0-3
feet) of loose to medium-dense, weathered soils comprised of silty sand with gravel, and an
underlying layer of consolidated glacial till. Permeability of the upper layer is variable,
depending upon compaction. The lower layer is very slowly permeable. As indicated in the
applicant's Preliminary Geotechnical Engineering Study (Exhibit F), the potential for soil
erosion is identified as moderate to very severe, given the soil classification. Alderwood
soils are not included on the list of hydric soils prepared by the National Technical
Committee on Hydric Soils.
C. Topography
The site is rolling with a general slope from the east to the west downward towards Hoyt
Road. Elevation change from east to west is approximately 100 feet, the high point along
the east property line and the low area adjacent to the Hoyt Road right-of-way. Hoyt Road
also slopes downward from the south end of the property to the north. There is a small
ravine that ~runs east/west across the slope in the northerly portion of the site. The lowest
point of the site is the northwest comer. The majority of the site slopes range from 15 to 25
percent. There are several limited areas in the eastern portion of the site, and larger areas
Cottages at Hoyt Road Preliminary Plat 98-104394-00-SU
Hearing Examiner Report Page 5
adjacent to the east/west ravine, that have slopes of 40 percent or greater. These large areas
associated with the ravine are classified as "steep slope hazard" areas. However, the smaller
slopes are not classified as a steep slope hazard area because the slopes do not have
sufficient vertical relief or horizontal distance to meet the definition contained within
FWCC Section 22-1.
The applicant estimates that approximately 56,500 cubic yards of material will be excavated
for the plat infrastructure construction, including roads, utilities, and the storm drainage
facility. Excavated material will be used for fill on site, including 11,250 cubic yards for
road construction. Exported materials must be deposited at an approved site. The overall
site has significant topographic constraints that necessitate the proposed grading beyond the
preliminary plat improvements. The additional grading is required to stabilize the slopes
adjacent to the improvements, to minimize the erosion potential, and to maintain the
integrity of the site during both the infrastructure construction and individual home
construction. The amount of grading proposed has been minimized to the extent practicable.
FWCC Section 20-179 states that, "... [alii natural vegetation shall be retained on the site to
be subdivided except that which will be removed for improvements or grading approved in
the preliminary subdivision or short subdivision." The applicant is proposing a clearing and
grading plan for those areas associated with the construction of public improvements and
for those areas beyond public improvements containing topographic constraints warranting
advance clearing and grading consistent with this code requirement (Exhibit G). Beyond
these infrastructure areas and areas with topographic constraints, clearing and grading will
occur only in conjunction with the construction of individual home sites.
Soil disturbing activities could result in the erosion and transportation of sediment,
particularly as indicated above based on the soil types and potential slope stability. The
applicant must submit a Temporary Erosion and Sedimentation Control (TESC) Plan for
review and approval of the Director of Public Works prior to any soil disturbing activities
(Exhibit t0. Implementation of the TESC Plan with BMP's will prevent and/or minimize
erosion impacts during the construction phase of the project. Post construction erosion
potential will be minimized by applicant's proposed stormwater drainage plan supported by
the submitted storm drainage calculations, and stabilization of disturbed areas.
Vegetation
On site vegetation consists primarily of mixed second-growth forest with a dense under
story typical of the Pacific northwest lowlands and composed of Douglas fir, western red
cedar, western hemlock, big-leaf maple, red alder, salal, Indian plum, red elderberry,
mountain ash, trailing blackberry, beaked hazelnut, sword fern, fringe cup, columbia brome,
sweet vernal grass, bracken fern, and shield fern. All natural vegetation shall be retained on
the site except that which will be removed for improvements or grading as approved in the
preliminary plat (FWCC Section 20-179), and significant trees shall be retained or replaced
pursuant to Chapter 22, "Zoning." According to the Tree Retention Calculation submitted
as part of the preliminary plat application materials, and revised December 2000, and the
Tree Survey (Exhibit 1), there are 590 trees larger than 12 inches in diameter located outside
of the grading and clearing limits required for construction of the plat improvements. While
some of these trees are not considered "significant" under the FWCC due to their species,
Cottages at Hoyt Road Preliminary Plat
Hearing Examiner Report
98-104394-00-SU
Page 6
their presence enhances the overall slope stability, wildlife habitat, erosion control, and
aesthetics of the site. Pursuant to FWCC Sections 20-186 and 22-1568, significant trees
located outside of the grading and clearing limits required for construction of the plat
improvements shall be retained until building permits are issued for the single family lots.
Some of the trees located on the proposed lots will be removed during plat infrastructure
construction to preserve the slope stability, as outlined in the discussion under subsection
B. 1 of this staff evaluation. After construction of the plat infrastructure, i.e. roads and
utilities, there will be approximately 392 total trees larger than 12 inches in diameter
remaining. Additional smaller diameter trees will also likely remain; however, the presence
of any trees smaller than 12 inches in diameter has not been documented since the site was
surveyed only for trees larger than or equal to 12 inches in diameter. The majority of the
trees to be retained are located on the easterly portion of the site. The westerly portion of
the site, adjacent to the Hoyt Road right-of-way, will have a greater number of trees
removed due to the presence of the proposed access roads and stormwater detention facility.
Since greater than 25 percent of the significant trees located on the site will remain,
exclusive of those areas being cleared and graded for the construction of plat improvements,
no additional tree planting is required at this stage. As each individual lot develops,
proposed construction will be reviewed for consistency with the significant tree provisions
of the code (FWCC Section 22-1568).
Wildlife
While the site will change from a 16.4 acre forested site to a 40 lot single-family residential
development, portions of the site will remain undisturbed and these areas will provide
habitat areas for urban wildlife. No evidence has been submitted which indicates there are
any state or federally listed, threatened, or otherwise protected animal species located on the
project site. Additionally, the City of Federal Way Comprehensive Plan Priority Habitats &
Species Map does not indicate the presence of any priority habitats or species on or adjacent
to the subject site. The applicant submitted a July 19, 200'11 Wildlife Study, prepared by
Terra Associates, to the City in support of the preliminary plat application (Exhibit J). This
study concludes that the, "... [d]evelopment of this property will not impact any listed
species or habitats of concern." However, the study does indicate the presence of Pileated
woodpeckers (Dryocopus pileatus), a species designated by the Washington State
Department ofFish and Wildlife (WDFW) as a candidate for listing on the state's Priority
Habitat and Species List. As a candidate species, the WDFW has prepared management
recommendations for Pileated woodpeckers (Exhibit K). These management
recommendations related to trees, snags, and stumps should be incorporated into the
management of the buffer tracts and the undeveloped portion of Lot 35. Replacement of
significant trees, as well as incorporation of street trees, buffer open space, and infiltration
pond landscaping into the subdivision design, as proposed and as required, will help
mitigate the introduction of human activities on wildlife habitat.
F. Sensitive Areas
The northerly portion of the site is identified as an Erosion Hazard Area on the City of
Federal Wa~y Sensitive Areas map. This area corresponds to a portion of the site composed
of AIderwood gravelly sandy loam (AgD) soils. The applicant's Preliminary Geotechnical
Engineering Study further indicated that, "... [w]e did not observe any indications of
Cottages at Hoyt Road Preliminary Plat 98-104394-00-SU
Hearing Examiner Report Page 7
significant active erosion in the portion of the site to be developed. However, localized
areas may be susceptible to erosion during site grading, if exposed during extended periods
of wet weather. In our opinion, the existing site conditions do not present an erosion hazard
that can not be controlled by properly installed and maintained erosion and sedimentation-
control measures. Such measures early in the construction sequence will provide suitable
mitigation for the erosion hazard." Since the applicant's geotechnical engineer has indicated
that the on-site soils exhibit a moderate to very severe potential for erosion, Best
Management Practices (BMP's) will be required during construction.
VI. NEIGHBORHOOD CHARACTERISTICS
The property is situated in the southwest portion of the City, in a single-family residential area.
All adjacent properties are either vacant or developed with single-family residences on lots
consistent with the zoning designation. The site is currently undeveloped.
VI. GENERAL DESIGN
A. Subdivision Access and Roadway System
Vehicular access to the proposed subdivision will be provided from Hoyt Road SW. The
internal roadway system is a loop with two points of access on Hoyt Road and short cul-de-
sacs at the north and south ends of the loop. Consistent with the requirements of the FWCC,
the applicant is proposing to dedicate a nine-foot wide strip of property adjacent to Hoyt
Road to the City of Federal Way, to increase the half street right-of-way width from 30 to
39 feet. Frontage improvements such as concrete curb and gutter, planter strip, sidewalk,
and street lighting will also be installed pursuant to the requirements of the code (FWCC
Section 20-180 & Chapter 22, Article XVI). The half street adjacent to the property will be
constructed to the standards of Cross Section K as indicated in the City of Federal Way
Comprehensive Plan Planned Street Sections for Hoyt Road. Internal roads within the
proposed plat will also be public streets constructed to City standards with concrete curbs
and gutters, planter strips, sidewalks, and street lighting on both side of the street. The City
Public Works Department and the Fire Department have approved the subdivision access
and roadway system. See Section VIII.A. of this report for a detailed description of the
proposed street improvements.
B. Pedestrian System
Sidewalks will be provided along all lot frontages within the proposed subdivision and
along the Hoyt Road frontage. Currently, there is no sidewalk along the east side of Hoyt
Road.
C. Landscape Buffers and Open Space
In accordance with FWCC Chapter 20, "Subdivisions," landscaped buffers are specified
only when the plat is adjacent to'an incompatible zoning district or adjacent to an arterial
Cottages at Hoyt Road Preliminary Plat
Hearing Examiner Report
98-104394-00-SU
Page 8
street. The proposed subdivision is bordered on all sides by single-family residential
zoning; therefore, no landscape buffers are required along these property lines. Since Hoyt
Road SW to the west of the site is an arterial street, a ten-foot Type III landscape buffer is
required along the site frontage pursuant to FWCC Section 20-178(a). The applicant has
proposed a 12-foot buffer, to be placed in a separate tract (Tract "D"). Tract D is 12 feet
wide; to accommodate the required ten foot wide strip of landscaping and a proposed
rockery. The rookery will be located along the easterly edge of the tract, away from Hoyt
Road, and the landscaping will be placed between the edge of the right-of-way and the
rookery to screen the rockery. An additional 15 to 50 foot wide tract is proposed around the
perimeter of the site within which the native vegetation will be preserved to provide a
buffer between adjacent residential developments. Additional landscaping will be provided
in the stormwater detention facility tract, which will contribute to visual buffering (Exhibit
L). Street tree requirements are described in VIII.A; open space requirements are described
in XI.B; and detention tract screening in X.C.; below.
VIII. TRANSPORTATION
A. Street Improvements
In accordance with the FWCC, all street improvements must be dedicated to the City as
public right-of-way and improved to applicable street standards. Specifically, half-street
improvements on Hoyt Road SW, which will include 22 feet of pavement from the
centerline, vertical curb, gutter, streetlights, six-foot landscape strip with street trees, and an
eight-foot sidewalk, within a 78-foot right-of-way width.
Full street improvements are required for the internal roadway system, which will include
28 feet of pavement, vertical curb, gutters, streetlights, a four-foot landscape strip with
street trees, and a five-foot sidewalk on both sides of the roads.
The Public Works Department and Federal Way Fire Department have approved roadway
improvements, curve radii, and the cul-de-sac configuration, as proposed. Striping, signage,
and street lighting plans shall be submitted for review and approval of the City prior to
issuance of construction permits.
B. Adequacy of ArteriaiRoads
This proposal has been reviewed under the State Environmental Policy Act (SEPA). Based
on the FWCC and the Mitigated Environmental Determination ofNonsignificance (MDNS)
issued for the proposed action on May 26, 2001, the additional traffic to be generated by
this development requires pro-rata share contributions for projects identified in the City's
Transportation Improvement Plan (TIP) impacted by the proposed subdivision.
The applicant shall be required either to:
a. Consffuct the following impacted TIP project as required by the Public Works
Department, prior to building occupancy; or,
Cottages at Hoyt Road Preliminary Plat 98-104394-00-SU
Hearing Examiner Report Page 9
bo
Contribute the project's pro-rata share of the construction cost of the following TIP
project prior to issuance of building permits:
,~ "r~ ~ '~ ' ~]t,~:';¢;~. "'?'''~ "'
[~d~Pg¢~. .. ~ .... .., .......... . .
!. S 320th St ~ I a Ave. 14 trips 4,611 trips 0.30% $1,739,000 $5,300
S m S~9: Add
second LT l~e EB
~d ~
2. S 320~ St - 8~'Ave S 11 ~ips 12,278 ~ips 0.09% $6,191,000 $5,500
m S~9-HOV
L~es: Add HOV
l~es
TOTAL $10,800
As proposed and conditioned, the subdivision will adequately mitigate impacts to arterial
streets.
IX.
PUBLIC SERVICES
A. Schools
As part of the City's review of the proposal, the preliminary plat application was referred to
the Federal Way School District for comments. Comments received included the following
information. Green Gables Elementary, Lakota Junior High, and Decatur High Schools will
serve the proposed subdivision.
Federal Way School District has indicated that elementary school age students living in the
proposed development will walk to Green Gables via Hoyt Road since the access is to the
north, on the east side of Hoyt Road. There is currently a crosswalk and an adult crossing
guard at the Hoyt Road SW and SW 329~h Street intersection where students can cross Hoyt
Road. The sidewalk adjacent to the High Point Park subdivision (to the north) ends south of
SW 329a Street and students walk along the shoulder of Hoyt Road to SW 329a Street. To
provide a safe route for students to get from the proposed development to Green Gables,
additional warning signage of the presence of a school crossing and curbing to separate the
commonly used walkway from vehicle traffic along Hoyt Road have been required as a
traffic safety related mitigation measure under SEPA.
Federal Way School District has indicated that bus transportation will be provided to
Lakota Junior High and Decatur High Schools for students residing in this subdivision. The
bus stop for Lakota Junior High School is located on SW 349a Street at approximately 42~
Place SW. The bus stop for Decatur High School is located at SW 326~ Street and Hoyt
Road SW. Access routes for those students who would reside in the proposed subdivision,
from the subdivision to the existing bus stops have been approved by the School District.
There may be bus stops within the proposed subdivision at some point in the future,
depending on student needs. Routine adjustments to bus stop locations are made by the
School District based on student transportation needs and school bus routes.
Cottages at Hoyt Road Preliminary Plat
Hearing Examiner Report
98-104394-00-SU
Page 10
School impact fees, as authorized by City ordinance and collected at the time of building
permit issuance, are currently $2,710.00 per single-family housing unit. Fees for 2002 will
be $2,616.00. School impact fees are determined on the basis of the district's Capital
Facilities Plan and are subject to annual adjustment and update.
Open Space
Both Dash Point State Park and Dumas Bay Park are located less than 1.5 miles from the
site, and Olympic View Park is within ½ mile of the project site. These areas provide
opportunities for informal recreation.
To provide adequate recreational opportunities commensurate with new residential
development, FWCC Chapter 20, "Subdivisions," requires dedication of land on site for
open space, or a fee-in-lieu-of payment. Specifically, FWCC Section 20-155(b) requires all
residential subdivisions to provide open space in the amount of 15 percent of the gross land
area of the subdivision site; or pay a fee in-lieu-of payment for all or portions of the open
space area required.
Total open space required for this plat is 2.46 acres (15 percent of the 16.4 acre site). As
provided by FWCC Section 20-155, the applicant is proposing to pay a fee in-lieu of
providing on-site open space, by a November 22, 2000, letter (Exhibit 34). The Federal Way
Parks, Recreation, and Cultural Services Department has reviewed and accepted the
applicant's proposal to pay a fee in-lieu of providing on-site open space. The fee in-lieu
payment, to be calculated paid Prior to final plat approval, will be utilized within the
designated planning area for park and recreation facility development.
C. Fire Protection
Tacoma Water has indicated that water will be available to the site in sufficient quantity to
satisfy fire flow standards for the proposed development. The Fire Department requires that
a fire hydrant be located within 350 feet of each lot. The exact location of these hydrants
must be approved by the Fire Department before construction approval is issued.
Xe
UTILITIES
A. Sewage Disposal
The applicant proposes to serve the proposed plat by a public sewer system managed by the
Lakehaven Utility District. A November 11, 2000, Certificate of Sewer Availability (Exhibit
N) indicates the district's capacity to serve the proposed development through a Developer
Extension Agreement (DEA) between the applicant and the district.
Bo
Water Supply
The applicant proposes to serve the subdivision with a public water supply and distribution
system managed by Tacoma Water. A November 11, 2000, Certificate of Water Availability
(Exhibit O) indicates the Tacoma Water's capacity to serve the proposed subdivision. The
Cottages at Hoyt Road Preliminary Plat 98-104394-00-SU
Hearing Examiner Report Page 11
applicant will need to coordinate with Tacoma Water to design and install the necessary
improvements consistent with the requirements of Tacoma Public Utilities and the Federal
Way Fire Department.
C. Drainage Facilities
The site is located in the Lower Puget Sound Basin. As previously stated, storm drainage
facilities are required to be designed in aoeordance with the KCSWDM and the City's
addendum to the manual. An on-site stormwater collection and conveyance system for all
paved areas is proposed. Stormwater will then be routed to the on-site detention facility, to
be located in the northwest comer of the site. The detention facility and the tract in which it
is located will be landscaped to enhance the site. Discharge from the detention facility will
be to the City's conveyance system located on the east side of Hoyt Road, which discharges
to Joe's Creek, approximately 250 yards to the north of the site.
Development of the site will create additional runoff from new impervious area. As with all
paved, developed areas, the site will contribute some pollutants to ground and surface
waters, as these will be washed offthe site by stormwater into the drainage system.
A Storm Drainage Report and Downstream Analysis, with revisions and updates through
April 4, 2001, including onsite basin comparisons, offsite analysis, and core and special
requirements under the KCSWDM, was prepared by Touma Engineers & Land Surveyors
and submitted as part of the application materials. The City's Public Works Department
reviewed and concurred with the conclusions of the report. The approved storm drainage
fa6ilities must be constructed per FWCC requirements, prior to final plat approval and
recording of the subdivision.
XI. ANALYSIS OF HEARING EXAMINER PRELIMINARY PLAT DECISIONAL CRITERIA
The FWCC establishes review procedures and decisional criteria for deciding upon various types
of land use applications. Pursuant to FWCC Chapter 20, "Subdivisions," Section 20-110,
preliminary plat applications are submitted to the Hearing Examiner for public hearing. The
preliminary plat application and the recommendation of the Hearing Examiner are submitted to
the City Council for approval or disapproval.
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.
1. The project is consistent with the comprehensive plan.
Staff Comment: The preliminary plat application is subject to the adopted Federal Way
Comprehensive Plan (FWCP), which designates the property as Single Family - High
Density. The proposed land use, Single Family Residential, with 7,200 square foot
minimum lot size (RS-7.2), is consistent with density allowances and policies applicable to
this land use as established in the FWCP.
Cottages at Hoyt Road Preliminary Plat
Hearing Examiner Report
98-104394-00-SU
Page 12
2. The project is consistent with all applicable provisions of the chapter, including those adopted
by reference from the comprehensive plan.
Staff Comment: The preliminary plat application is required to comply with the
provisions of the FWCC Chapter 18, "Environmental Policy"; Chapter 20, "Subdivisions";
Chapter 22, "Zoning"; and all other applicable codes and regulations. Future development
of the residential subdivision will be required to comply with all applicable development
codes and regulations. As proposed, and with conditions as recommended by staff, the
preliminary plat will comply with all provisions of the chapter.
3. The project is consistent with the public health, safety, and welfare.
Staff Comment: The proposed preliminary plat would permit development of the site
consistent with the current Single Family High Density land use classification of the FWCP
and Comprehensive Plan Designations map. Proposed access and fire hydrant locations
shall meet all requirements of the Federal Way Fire Department. Future development of the
plat in accordance with applicable codes and regulations will ensure protection of the public
health, safety, and welfare.
4. It is consistent with the design criteria listed in Section 20-2.
Staff Comment: The proposed preliminary plat would promote the purposes identified
in FWCC Section 20-2, and the standards and regulations therein, as identified in the
staff report, including effective use of land; provision of water, sewage, drainage, and
recreational areas; promotion of safe and convenient travel on streets; provision of
proper ingress and egress; and provision for the housing needs of the community. As
proposed and with conditions as recommended by city staff, the preliminary plat
application complies with all provisions of the chapter.
5. It is consistent with the development standards listed in Sections 20-151 through 157, and 20~
158 through 187.
Staff Comment: Development of this site is required to comply with the provisions of
FWCC Chapter 18, "Environmental Protection"; Chapter 20, "Subdivisions"; Chapter 22,
"Zoning"; and all other applicable local and state development codes and regulations. As
proposed, and with conditions as recommended by city staff, the preliminary plat
application complies with all applicable statutes, codes, and regulations.
XI. FINDINGS OF FACT AND CONCLUSIONS
Based on an analysis of the proposed action, the environmental record, and related decisional
criteria, the Department of Community Development Services finds that:
The proposed action is to subdivide a 16.4 acre parcel into 40 single family lots. Adjacent
land uses include single-family residential and vacant parcels. There are identified
environmentally sensitive areas on the site (Steep Slope/Erosion Hazard areas).
Cottages at Hoyt Road Preliminary Plat 98-104394-00-SLI
Hearing Examiner Report Page 13
¸4.
10.
11.
Zoning for the site and adjacent parcels is RS-7.2. The proposed residential subdivision and
density is consistent with existing adjacent land uses and zoning.
A Environmental Determination ofNonsignificance (MDNS) was issued for this proposed
action on May 26, 2001. Seven written comments, but no appeals, were received prior to the
established deadline of June 25, 2001. No changes or corrections were made to the City's
initial environmental determination. The environmental determination is incorporated by
reference as though set forth in full.
Sewer facilities are available from the Lakehaven Utility District and water is available
from Tacoma Public Utilities/Tacoma Water. Both are adequate to serve the proposed
development. It is the applicant's responsibility to secure all necessary water and sewer
services from the utility provider.
The site is located in the Lower Puget Sound drainage basin. Surface water facilities will be
designed in accordance with the KCSWDM and the City of Federal Way addendum.
Public access will be provided from Hoyt Road SW, via two access points. The interior
loop, with two cul-de-sacs, provides vehicular access to all the proposed lots.
Sidewalks will be provided along all lot frontages and along the east side of Hoyt Road SW.
The sidewalks within the proposed residential subdivision will connect to Hoyt Road, which
provides a connection to existing pedestrian facilities located to the north of the site. The
applicant has provided for safe pedestrian corridors from the subject site to public school
facilities and bus stops.
Hoyt Road SW is designated as an arterial street by the FWCP. Street improvements and
right-of-way widths consistent with applicable City standards are required for all internal
roadways and street frontages. Public right-of-way and the stormwater detention tracts will
be dedicated to the City.
A geotechnical report with addenda contains specific recommendations and conclusions for
the proposed development, including site preparation and grading of the subject site.
Supplemental geoteclmical analysis and recommendations may be required by the Public
Works Director or Building Official, as allowed by the FWCC, during development of the
site in conformance with FWCC Section 22-1286.
The submitted Wildlife Study indicates the presence of Pileated woodpeckers on the site.
Pileated woodpeckers are designated as a candidate species for the state's Priority Habitat
and Species List. Management recommendations issued by the WDFW regarding Pileated
woodpeckers shall be complied with during preliminary plat construction.
The subject site contains 590 trees larger than 12 inches in diameter located outside of the
grading and clearing limits required for construction of the plat improvements. While some
of these trees are not considered "significant" under the FWCC due to their species, their
presence er/hances the overall slope stability, wildlife habitat, erosion control, and
aesthetics of the site. After construction of the plat infrastructure, i.e. roads and utilities,
there will be approximately 392 total trees larger than 12 inches in diameter remaining.
Cottages at Hoyt Road Preliminary Plat
Hearing Examiner Report
98-104394-00-SU
Page 14
12.
13.
14.
15.
Pursuant to FWCC Section 20-155, the applicant is proposing to pay a fee-in-lieu of
providing the required open space on-site.
The proposed preliminary plat is permitted by FWCC Chapter 20, "Subdivisions," and
Chapter 22, "Zoning."
The proposed subdivision and all attachments have been reviewed for compliance with the
FWCP; FWCC Chapter 18, "Environmental Protection"; Chapter 20, "Subdivisions";
Chapter 22, "Zoning"; and all other applicable codes and regulations. As proposed, and
recommended by staff, the preliminary plat is consistent with the FWCP and all applicable
codes and regulations.
Prior to final plat approval and recording, all required and approved improvements will be
constructed, or the improvements appropriately bonded, per City code requirements.
XII.
LIST OF EXHIBITS
A. Reduced Scale Preliminary Plat Map, April 27, 2001
B. Vicinity Map
C. Public Comment Letters Received During SEPA Comment Period
D. Mitigated Determination ofNonsignificance (MDNS), issued May 26, 2001
E. Storm Drainage Report, prepared by Touma Engineers, June 15, 2000, with revisions
of September 25, 2000, November 14, 2000, and March 16, 2001, and supplemental
letter of April 4, 2001 (Summary)
F. Preliminary Geotechnical Engineering Study, prepared by Terra Associates, November
9, 1998, with supplemental information, July 6, 1999, August 20, 1999, June 9, 2000,
and March 23, 2001 (Summary)
G. Grading Plan, Street Profiles and Site Cross-Sections, prepared by Touma Engineers,
April 27, 2001
H. Temp Erosion Plan, prepared by Touma Engineers, April 27, 2001
I. Tree Survey, prepared by Touma Engineers, April 27, 2001
J. Wildlife Study, prepared by Terra Associates, July 19, 2001
K. Washington State Department of Fish and Wildlife Materials re Pileated Woodpeckers,
March 1998
L. Landscape Plan, prepared by David Evans & Associates, June 20, 2001
M. Open Space, Fee-in-Lieu Request, November 22, 2000
N. King County Certificate of Sewer Availability from Lakehaven Utility District,
November 9, 2000
O. King County Certificate of Water Availability from Tacoma Public Utilities/Tacoma
Water, November 7, 2000
TRAlqSM~ ~ ~ ~D TO THE PARTIES LISTED HEREAFTER:
1. Federal Way Hearifig Examiner
2. Applicant: Rick Williams
3. Agent: Mike Davis, Davis Consulting Inc.
Docttmeat ID #16007
Cottages at Hoyt Road Preliminary Plat
· Hearing Examiner Report
98-104394-00-SU
Page 15
SECTION
14;, TOWNSHIP 21 NORTH, RANGE 3 EAST~ I~.M.
SCALE
23
PLAT DATA
PROJECT NO.
POINT P.t~RK
DIV.
UNPL A TTED
r l'llllL,
W'EDGEW, OOD DIV.
SCALE 1"--$0'
COTTAGES AT HOYT ROAD
PRETJI~INARY PLA T
FOR RICK IffLUAM
EXHIBIT B
June 11, 2001
Kathy McClung
Director of Community Development Services
Dear Ms. McClung:
We are writing in protest to the proposed development of"Cottages at Hoyt
Road". Our property backs on the proposed development, and as your letter
states, there is a moderate to severe potential for soil erosion.
Our property is at the top of the slope, there is a possibility of damage to
ours, as well as all of our neighbors, property.
We also have a number of large fir and alder trees on our property, if the
greenbelt below is removed we will be forced to remove our trees because of
loss of protection of the other trees in the greenbelt in high wind conditions.
The cost of removing the trees will be forced upon us and decrease property
value, because our backyard is built around these trees.
When we first purchased this home in 1988 we were assured that the woods
in back were a greenbelt, and not a property that would be built on. Further,
the added noise and visual impact will decrease both our sale price of the
property, and our ability to sale the property.
We strongly urge that this proposed development be denied, or at the least
mitigating easements allowed along the east side of the proposed
development for the homes along 41st Ave SW.
We plan to consult with our attorney concerning possible litigation against the
city of Federal Way for any damages or loss of property value, and standard
of living.
Our reason for living in Federal Way, and for living in this very neighborhood
is because of the greenbelt in back, which we very much enjoy, and would
like to see remain intact.
Sincerely,
Robert & Colleen LaBounty-33313 41 st Ave SW, Federal Way 874-2877
. .. RECEIVED BY
May 31,2001
To Kathy McClung
Director of Community Development Services
33530 First Way S.
PO Box 9718
Federal Way, Wa 98063
Itt reviewing the Environmental Detertnination of Nonsignificance sent to
me, and upon reading the Federal Way decision, I will have to comment
on my observances as a resident of this neighborhood. There is a family
of Hawks that fly over my home and back again into the trees that are
there. I have seen them for severaI years from my home that is only yards
from there. How litany left turn lanes at 320th and 1st Ave S is going to
protect the environment where these birds live? Also had there been a
study on the birds on this report? I see none. Everything itt this study, as
far as I can tell, is geared toward the environment of the people. I and my
neighbors oppose the development of Hoyt Road because of the family of
Hawks that do live there. Please do your research and find that they are a
vital part of where we live here itt Federal Way and the impact this will
have.
R,e~pectfully,
Cydne 'Gasca
4208 SW 337a' PI
Federal Way, Wa 98023
RECEIVED BY
COI~;tIJNiTV OEV.~!.n~D~T OEPARTll~E'N'f
June 9, 2001
David Graves
Contract Senior Planner
City of Federal Way
33530 1'~ Way South
Federal Way, WA 98063-9718
Re: Mitigated Environmental Determination of Nonsignifieance
Cottages at Hoyt Road
Dear Mr. Graves,
As residents of the City of Federal Way and property owners adjacent to the preliminary plat for the
Cottages at Hoyt Road, we'd like to take this opportunity to share some concerns with the lead agency
regarding the proposed project. We understand there's significant growth in the Puget Sound region and
that development of the subject property was inevitable. However, we are disappointed in the decision
that an Environmental Impact Statement is not required.
Having lived next to the subject property for several years, we can say without hesitation that the
development of the property will have an impact on the wildlife that presently considers the wooded
acreage home. Hawks, owls, a red fox, a pair of woodpeckers, a coyote, possums, raccoons and numerous
birds have all been seen, some more frequently than others. We do not pretend to know if the animals that
live in these woods are considered endangered and therefore, protected. We consider this determination to
be the responsibility of the lead agency.
We were informed that a buffer zone of'50 feet will be established along the east side of the subject
property. We were further informed that a buffer zone of'15 feet will be established along the south side
of the subject property. If the lead agency has any influence over the size of the buffer zone, we
respectfully request that the same buffer zone of'50 be established at the south end. Our homes are built
on fill and we have great concern that substantial clearing of timber will have a negative impact on the
stability of the soil in the area.
As owners of dogs, we are concerned that the clearing of subject property will be very disruptive and
unnerving to our pets, causing them to bark throughout the day. We are aware of noise ordinances and
would like to know what assurances we will be given that the welfiu-e of our pets will be taken into
consideration and that we will not be subject to any penalties due to any noise they may make.
Thank you for giving us any oppommity to voice our concerns.
Sincerely, ~.~ ~/~~
Residents - City of Federal Way
June 8,2001
City of Federal Way, WA. .....
Re: File No. 98-104393-00-SE
Cottages at Hoyt Road
Attn: Kathy McClung--Director of Community Development Sen, ices
Dear Ms. McClung,
We have lived in our home at 33225 43rd Ave. SW (a private road) directly below and on the
west side of Hoyt Road for 38 years. We also own land to the north of our home (undeveloped) and
behind our home through which Joe's .Creek runs.
This is the third or fourth attempt to build on the high slopes on the east side of Hoyt and
approximately 332nd Street SW. We have spoken our concerns about water run-off and landslides at
each hearing on the proposed developments.
We have experienced many problems in the past with the flooding of drainage ditches and
wash-outs from the east side of Hoyt Road and the developments to the southeast of us. Several of
our neighbors have been flooded out. The developers had solved part of the problem months later by
running a culvert directly under Hoyt Road into Joe's Creek. This flooded Joe's Creek with mud,
silt, and water onto neighbor's land and ours. We have for many years had to put up with additional
flooding problems from the developments on the southwest side of Hoyt Road, including
apartments, houses, and the golf course in Pierce County. Joe's Creek used to have salmon in it, but
no more. It should have the same protection as the Hylebos Creek.
Each time a hearing comes up, we hear the same thing about surface water run-offbeing well
monitored. Since the last hearing before High Point Park 111 was built, water run-off from across
Hoyt Road spilled over the drainage ditch onto Hoyt Road and down our driveway into our yard.
This was minor, however, to the water that continued down Hoyt Road on the east side into a culvert
at the side of St. Theresa Lane and carved out a ditch on the west side of Hoyt Road approximately
six feet deep and five feet wide, taking a large tree down with the water. It was like a dam breaking.
The development of High Point Park III which was finally approved and built lies directly
north of this new project, Cottages at Hoyt Road. We have noted that as the construction continued
on High Point Park III that drainage pipes were put under Hoyt Road to the west towards Joe's
Creek and the wetlands.
The property on which "Cottages" has been proposed has been proven highly unstable as to
soil conditions. Your M.E. Determination of Non-Significance statement on file No. 98-104393-00-
SE states "that the proposed action does not have probable significant adverse impact on the
environment". You also state on page 2 that the majority of the site slopes range from 15 to 25
percent.
Please refer to the previous studies on this very sensitive parcel of land. Please refer to the
Comprehensive and Plan for King County Supplement, particularly, Ordinance # 1683-relating to
steep slopes. Please note that under the paragraph headed Definition-page 2- Section 6.3, and page 5-
Section 6.6 under paragraph headed "Problems in regard to development of steep s~opes." Please
refer to the paragraph under item # 12- page 3 ofthe preliminary report to the Zoning and Sub-
division examiner, stating that more than 75% of the site contains hazardous erosion soils and steep
slopes over 40%.
Besides the flooding problems of Joe's Creek, etc. we are having terrible traffic problems on
Hoyt Road because of the extension of Highway 18 to Northeast Tacoma. Hoyt Road is used as a
major arterial now for traffic going between SW 320th St. and SW 336th St. to and from NE Tacoma
and the Tide Flats. There are many times we have to wait up to 2 minutes to get out of our driveway
onto Hoyt Road because of the traffic. Your statements say approximately 383 average weekday
trips will be added to'Hoyt Road. We often now have to wait through 2 signals on Hoyt Road and
336th Street to turn left towards Federal Way. Please consider our traffic problems.
At one time, although I cannot find the reference numbers, the land on which "Cottages" is
proposed was to have a permanent buffer of ~¥om 100 to 200 feet along Hoyt Road. This was
decided at a previous hearing several years ago on this property. I see no reference to this buffer on
the M.E.D.of N we received. I hope this buffer is still being considered.
We realize that times change and we can't be in the (country) anymore, but paving all of our
natural beauty in Federal Way, and running out all of the birds and animals in our sensitive area does
not seem right. We have seen blue heron and red-tailed hawks, which have several nests in the
proposed development area. We've also seen coyotes, raccoons etc. come from across the street into
our yard.
If this development cannot be stopped, we would like to request from the builder and owners
of this development and/or the city of Federal Way, a Protective Bond to insure that we do not
sustain any damage to our home and adjacent properties from this development.
Please consider this proposed development very carefully. We thank you for taking the time
to hear our concerns. Because of previous disappointments, our neighbors have said, "What's the
None of us have the finances to formally fight this development, but we hope you will
consider the fact that we have all worked hard to pay ~'br our homes and land and we still have to live
here. Thank-you again.
Robert and Lorraine Stiers
33225 43rd Ave SW
Federal Way, WA 98023
(253) 927-0634
TACOHA WATER
3628 South 35th Street
Tacoma. Washington 98409-3192
TACOMA PUBLIC UTILITIES
arab 3, 2000
Ms. Kathy McClung
Director of Community Development Services
City of Federal Way
P O Box 9718
Federal Way WA 98063-9718
Subject:
DETERMINATION OF NON-SIGNIFICANCE- 98-104393-00-SE
Location:
East side of Hoyt Road SW in the 333000 Block in the Twin
Lakes area of the City of Federal Way
Dear Ms. McClung:
We have reviewed the above subject and find that this project will require the installation of
water mains and hydrants.
The new mains will be designed by Tacoma Water at the expense of the developer and
installed by and at the expense of the developer.
New services will be installed by Tacoma Water after payment of the Service Construction
Charges.
New Meters will be installed by Tacoma Water after payment of the System Development
Charges.
If the roadways within the proposed plat will be pdvate, Tacoma Water requires that the
owners put the following dedication on the plat: "We dedicate to Tacoma City Water a
perpetual easement with a right of entry and continued access for the construction,
improvement, maintenance and repair of water mains and other appurtenances over, under,
and across the private roads shown on the face of this plat."
Sincerely,
.. Special Projects Engineer
X-From : Greg. Fewins@ci.federal-way.wa.us Thu Jun 21 13:51:39 2001
~turn/Path: <Greg. Fewins@ci.federal-way.wa.us>
Date: Thu, 21 Jun 2001 13:52:30 -0700
From: "Greg Fewins" <Greg. Fewins@ci.federal-way.wa.us>
To: "Tina Piety" <Tina. Piety@ci.federal-way.wa.us>,
<James. Hall@PSS.Boeing.com>
Cc: <dgraves@madronaplanning.com>
Subject: RE: Letter from City of Federal Way
Tina is out of the office until next TuesdaY and will follow up on that
portion of your email at that time. Also, I am forwarding your email to
David Graves, the planner assigned to process the Cottages subdivision
application, with the intent that David contact you to discuss your
questions. David will be in touch with you shortly.
>>> "Hall, James L" <James. Hall@PSS.Boeing.com> 06/20/01 04:13PM >>>
I already have four copies of the letter, two were mailed to me and two to
occupant. My concern was, how this change was going to affect my property
since the bio-swale has moved, and the property adjacent to my property
appears to be for sale by Windermere, and if this was going to change the
easement? I want to contact the seller of the property next to mine to see
if he may be interested in my property also? Anyway I have a copy of the
Hoyt Road Cottages drawings and a plat plan from Federal Way, the Drawing
number appears to be: SE 14-21-03 (MAP 51), and my property has the number
1421039046 (33525 - 43rd Ave. S.W.). Anything you can tell me about what is
oing on would be appreciated, and I would like to get another set of the
Hoyt Road Cottages plans. Thank you Tina and Greg!
Jim Hall
..... Original Message .....
From: Tina Piety [mailto:Tina. Piety@ci.federal-way.wa.us]
Sent: Friday, June 15, 2001 10:49 AM
To: james.l.hall@boeing.com
Subject: Letter from City of Federal Way
Hello Mr. Hall,
Attached is a letter from the City of Federal Way regarding your comments on
the Cottages at Hoyt Road Preliminary Plat. If you would like a signed copy
of this letter, please call Administrative Assistant Sandy Lyle at
253-661-4116, or e-mail her at sandy.lyle@ci.federal-way.wa.us and provide
her with your address.
Thank you,
Tina Piety
~dministrative Assistant
Community Development Services
<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
<HTML><HEAD>
'Greg ~Fewins, 10:00 AM 6/4/01 -, Re: -0nline council Comment Fro
X-From : Greg. Fewins@ci.federal-way.wa.us Mon Jun 4 09:59:50 2001
Return-Path: <Greg. Fewins@ci.federal-way.wa.us>
Date: Mon, 04 Jun 2001 10:00:37 -0700
From: "Greg Fewins" <Greg. Fewins@ci.federal-way.wa.us>
To: <james.l.hall@boeing.com>
Cc: "Kathy McClung" <Kathy. McClung@ci.federal-way.wa.us>,
"Patrick Briggs" <Patrick. Briggs@ci.federal-way.wa.us>,
<dgraves@madronaplanning.com>
Subject: Re: Online Council Comment From
Content-Disposition: inline
X-MIME-Autoconverted: from quoted-printable to 8bit by fourbarrel.nwlink.com
id f54Gxnm02951
The scope of this project has definitely changed since it's original
submittal. I am not clear where your property is located so cannot respond
to your specific questions. However please feel free to call or stop by
city hall to identify your property and discuss your questions.
Mailing lists are prepared and submitted to the city by applicants.
Typically these lists are developed using the current King County Assessor's
records. City code requires notice be provided to each property owner and
in some instances occupants located within 300 feet of the project. You may
be receiving multiple notices due to the Assessor's records, particularly if
you own multiple parcels or are a contract property purchaser.
Please contact me directly if you have any additional questions.
telephone number if 253-661-4108. My email address is
greg.fewins@ci.federal-way.wa.us.
My
>>> "James L. Hall" <james.l.hall@boeing.com> 06/04/01 09:22AM >>>
I am trying to get the e-mail address for Kathy McClung, David
Graves, and /or Greg Fewins, City of Federal Way. This is in
regard to the Cottages at Hoyt Road. It appears that the scope of
this development has changed considerably since I signed an
easement agreement with the city. It has changed from 59 lots
with a retention pond and bio-swale adjacent to my property, to
a 40 lot site with the retention pond and bio-swale at the
north west end of the development. The property adjacent to me
is now for sale??? I have received (4) copies of the "Mitigated
Environmental Determination of Non-significance". Two addressed
to James Hall, and two addressed to Occupant. What is going on?
P~nted fOr David GraV~S - MacLron~ pianning-<dg~Ves@madrona... ' i
CITY OF~__________~
PO Box 9718
(253) 661-4000
Federal Way, WA 98063-9718
MITIGATE D ENVIRONMENTAL
DETERMINATION OF NONSIGNIFICANCE
COTTAGES AT HOYT ROAD PRELIMINARY PLAT
File No. 98-104393-00-SE
Description
of Proposal:
Proponent:
Location:
Lead Agency:
Contacts:
The applicant proposes to subdivide approximately 16.4 acres into 40 single family
residential lots. The proposal includes construction ora road system, utilities,
stormwater facilities, street frontage improvements, and other related infrastructure to
serve the proposed residential lots. The property has frontage along Hoyt Road SW, a
public right-of-way, and vehicular access will be provided from Hoyt Road SW.
Rick Williams, Applicant
Mike Davis, Davis Consulting, Inc., Agent
The subject property is located on the east side of Hoyt Road SW in the 33300 Block,
itl the T~vin Lakes area of the City of Federal Way.
City of F~deral Way
David Graves, Contract Senior Planner, 206-297-2106
Greg Fewins, CDS Deputy Director, 253-661-4108
The responsible Official of the City'of Federal Way hereby makes the following decisions based upon
impacts identified in the environmental checklist, Federal Way Comprehensive Plan (FWCP), and other
municipal policies, plans, rules, and regulations designated as a basis for exercise of substantive
authority under the Washington State Environmental Policy Act Rules (SEPA) pursuant to the Revised
Code of Washington (RCW) 43.21C.060:
The lead agency for this proposal has determined that tile proposed action does not have probable
significant adverse impact on the environment, and an Environmental Impact Statement (EIS) is not
required under RCW 43.2 IC.032(2)(c), only if the following conditions are met. This decision was made
after review of a completed environmental checklist and other information on file with the lead agency.
This information is available to the public on request.
FINDINGS OF FACT
The applicant proposes to subdivide approximately 16.4 acres into 40 single-family residential lots.
The proposal includes construction ora road system, utilities, stormwater facilities, street frontage
improvements, and other rclatccl infl'astrt~cture to serve the proposed residential lots.
2. Vehicular access to the site will be provided from. Hoyt Road SW.
The site is rolling with a general slope from the east to the xvest downward towards Hoyt Road and
an elevation change from east to west of approximately 100 feet. Tile majority of the site slopes
range from 15 to 25 percent. There are several limited areas in tile eastern portion of the site and
larger areas adjacent to the east-xvest ravine that have slopes of 40 percent or greater. These large
areas associated with the ravine arc classified as "steep slope hazard" areas. The soil classification
for the majority of the site is Alderwood Gravelly Sandy Loam, (AgD & AgC). As indicated in the
applicant's Preliminary Geotechnical Engineering Study, the potential for soil erosion is identified as
moderate to very severe, given the soil classification. Tile northerly portion of the site is identified as
an Erosion Hazard Area on the City of Federal Way Sensitive Areas Map. Since the applicant's
geotechnical engineer has indicated that the on-site soils exhibit a moderate to very severe potential
for erosion, Best Management Practices (BMP's) will be required during construction. The applicant
is proposing a clearing and grading plan for those areas associated with the construction of public
improvements and for those areas beyond public improvements containing topographic constraints
warranting advance clearing and grading consistent with this code requirement. Beyond these
infrastructure areas and areas with topographic constraints, clearing and grading will occur only in
conjunction with the construction of individual home sites. Soil disturbing activities could result in
the erosion and transportation of sediment, particularly as indicated based on tile soil types, and
potential slope stability. The applicant must submit an Temporary Erosion and Sedimentation
Control (TESC) Plan for revie~v and approval of the Director of Public Works prior to any soil
disturbing activities. Implementation of the TESC Plan with BMP's will prevent and/or minimize
erosion impacts during the construction phase of the project. Post construction erosion potential will
be minimized by applicant's proposed stormwater drainage system.
The stormxvater detentio~l pond ,,viii be located adjacent to tile ltoyt Road right-of way at the
'northwest corner of the site. l)t~c to the site topography and the size and depth of the pond, concrete
retaining walls will be required on thc uphill (west) side of the pond. These walls will be tiered and
each will be approximately eight feet high, separated by a five foot area to be landscaped, and
visible from Hoyt Road. Retaining walls are also proposed in other areas of the site adjacent to the
Hoyt Road right-of-way but separated from the sidewalk by an area for landscaping. In order to
mitigate the potential adverse visual and aesthetic impacts resulting from these walls, plantings
must be incorporated into the area around and between the proposed retaining walls, the perimeter
of the detention pond and other disturbed areas of Tract A, and between the retaining walls located
in Tracts C & D.
A September 5, 2000, 7)'affic lml)etct .,D~al),xix (TIA) (with supplemental information provided
November 6, 2000) was prepared by Transportation Planning & Engineering, Inc. for the project to
identify traffic i~np_acts and recommend mitigation measures associated with the development.
Single-family residential developments such as the current proposal generate 9.57 average weekday
trips per dwelling unit/lot, slightly less than one AM peak hour trip per lot and one PM peak hour
trip per lot (ITE Manual, Sixth I".d., 1997). Thc 40-lot proposed preliminary plat, upon full build
Mitigated Determination of Nonsignificancc Page 2
Cottages at Hoyt Road I~reli~ninary I~lat 98-104393-00-SE
out, will generate approximately 383 average weekday trips; 30 AM peak hour trips and 40 PM
peak hour trips. Traffic generated from the proposed development will impact two Transportation
Improvement Plan (TIP) projects with more than 10 PM peak hour trips. The project proponent will
be required to either construct the planned TIP projects, or provide pro-rata share contributions
toward the proposed improvements to mitigate traffic-generated impacts from the proposed
development.
The City's Public Works Department reviewed and concurred with the conclusions of the TIA and
supplemental information. The traffic impacts identified in the analysis will be appropriately
mitigated by the required mitigation measures. Additional property adjacent to the Hoyt Road right-
of-way will be dedicated to the City of Federal Way to increase the half street right-of-way width
from 30 to 39 feet (Federal Way City Code [FWCC] Section 20-176). Frontage improvements such
as concrete curb and gutter, planter strip, sidewalk, and street lighting will also be installed pursuant
to the requirements of the code (FWCC Section 20-180 & Chapter 22, Article XVI) and the half
street constructed to the standards of Cross Section K as indicated in the City of Federal Way
Comprehensive Plan Planned Street Sections for Hoyt Road.
Elementary school age students living in the proposed development will walk to Green Gables via
Hoyt Road since the access is to the north, on the west side of Hoyt Road. There is currently a
crosswalk and an adult crossing guard at the Hoyt Road SW and SW 329'h Street intersection where
students can cross Hoyt Road. The sidewalk adjacent to the High Point Park subdivision (to the
north) ends south of SW 329* Street and students walk along the shoulder of Hoyt Road to SW
329'h Street. To provide a safe route for students to get from the proposed development to Green
Gables, additional warning signage of the presence ora school crossing and curbing to separate the
commonly used walkway from vehicle traffic along Hoyt Road are required. These measures are
necessary to mitigate potential adverse safety impacts.
The "Final Staff Evaluation for Environmental Checklist, File No. 98-104393-00-SE," is hereby
incorporated by reference as though set forth in full.
CONCLUSIONS OF LAW
The following components of the FWCP support the conditions for the development.
1. Improve the appearance and function of the built environment. (LUG 1)
Provide a safe, efficient, convenient and economic street system with sufficient capacity to move
people, goods and services at an appropriate level of service. The City shall develop and adopt
policies for the construction, reconstruction, maintenance and preservation of new and existing
facilities, such as gravel and substandard streets. (TG2)
3. Identify and implement changes to the transportation system which reduce reliance on the single
occupant vehicle. Support state, regional, and local visions and policies. (TP9)
Establish a LOS standard based on plamdng methodology using vehicle miles traveled (VMT)
congested to measure the Level of Service (LOS) citywide, and att operation methodology for
development impact, mitigation corridors and intersections based on LOS =v/c less than or equal
to O. 9. (TP 16)
Mitigated Determination of Nonsignificance
Cottages at Hoyt Road Preliminary Plat
Page 3
98~104393-00-SE
Structure the City %' improvement program to strategically place increments of public and private
investment that complemen! the multimodal vision of the platt. This should include "matching"
improvements to supplement lhe efforls by other agencies to provide HO I/ and transit facilities
(TP32)
6. Arterial improvements wil! be ct,tt.¥1rttcled along key corridors lo improve flow and encourage use
of these more efficient modes. (TP41 )
7. Ensure that City fi~cilities and amenities are ADzt compatible. (TP51)
o
Work to extetld the exislitlg syslent of sidewalks, bikeways, and equestrian ways in the City to
provide access to public lransit, neighborhood and business centers, parks, schools, public facilities
and other recreational attractions. (TP52)
9. If allowed by applicable law, develol)men! inside and outside the City should be required to provide
their fare share of onsite and offsite iml)rovements. (HP7)-
CONDITIONS
1. The applicant shall either construct the identified impacted Transportation Improvement Plan (TIP)
projects, as required by the Public Works Department, prior to final plat approval; or,
The applicant may contribute $10,800, xvhich is the project's pro-rata share of the construction cost
for the following impacted TIP projects, as required by the Public Works Department, prior to the
issuance of construction perm its:
TIP Project Description Project Total PM Peak Pro-Rata TIP Project Mitigative
Impact ltour Volume Share Cost Fee
S320'~Stat l'"AveStoSR99: 14 trips 4,611 trips 0.30% $1,739,000 $5,200
Add left mm lanes
S320a'St.' 8a'Av'eS-SR99: I1 trips 12,278 trips 0.09% $6,191,000 $5,600
Add HOV lanes
TOTAL $10,800
Prior to final plat approval, subject to review and approval by the Public Works Director, the
applicant shall provide school-related pedestrian safety improvements at SW 329* Street and Itoyt
Road SW; specifically, advance warning signage, advance warning flashing beacon, and
approximately 75 feet of extruded curb behind the eastern edge line on Hoyt Road to separate the
walkway from vehicular traffic, or pay an amot, nt not to exceed $20,000 in lieu of the above
improvements.
o
Prior to prelimina_ry plat approval, the applicant shall submit a landscape plan, based on the
following requirements, for review and approval by the Director of the Department of Community
Development Services with concurrence by the Public Works Director. The applicant must
incorporate plantings into the design of the stormwater detention pond and surrounding retaining
Mitigated Determination of Nonsignificancc Page 4
Cottages at ltoyt Road Preliminary Plat 98-104393-00-SE
walls, and the proposed retaining walls to be located adjacent to the Hoyt Road right-of-way. These
plantings should be dense, bulky, and of large caliper to provide screening upon installation. Plant
materials chosen should be a mixture o£ trees and shrubs, with a mixture of evergreen and
deciduous species to provide seasonal color and year-round greenery. Plantings must also be
incorporated into the perimeter of the detention pond and other disturbed areas of Tract A to
provide additional screening. Irrigation should be incorporated into the landscape plan to ensure
plant survival and used until the plants become established. Plantings shall be installed as part of'the
preliminary plat improvements.
This MDNS is issued under the Washington Administrative Code (WAC) 197-11-355. The lead agency
will not act on this proposal for 14 days from the date of issuance, pending a public comment period.
Comments must be submitted by 5:00 p.m. on June 11, 2001.
Unless modified by the city, this determination will become final following the above comment deadline.
Any person aggrieved of the city's final determination may file an appeal with the city within 14 days of
the above comment deadline. Appeals must be submitted by 5:00 p.m. on June 25, 2001.
Responsible Official:
Position/Title:
Address:
Kathy McClung
Director of Community Development Services
33530 First Way South, PO Box 9718, Federal Way, WA 98063-9718
Date Issued: May26.2001 Signature:
DocumemID#14771
Mitigated Determination of Nonsignificance
Cottages at Hoyt Road Preliminary Plat
Page 5
98-104393-00-SE
JUN 12. :;;fJLIi
('i.:v ~i' l:edc:a] Way l)llOj¢¢l
I~I(L:-P:\I(E D BY
TOtlMA F. NGINEEI(S
6632 SOUTtt 191ST PLACE, SUITE E-102
KF. NT, \VA. 98032
¢25) 251-o~5
June t5, 2000
,'/i September 25. 2000
l~li\,'. ,;.:;;'~ June 6, 2001
EXPIRES 6/£2_J z~ ~ I
TA Ii LE OF CONTENTS
II.
[II.
IV.
V.
vi.
VII.
P ROJ ECT 0 V F.I(\; 11 ':\\:
'i'.i.R.
Vicinity Map
Soil Map
PI~.ELIMINARY C()NI)ITIONS SUMMARY
Core and Special l(equirements and responses
OFF-SI'I'I~ AN/\I.YSiS
RIETENTION/DETENTION ANALYSIS AND DESIGN
CONVEYANCE SYSTEM ANALYSIS AND DESIGN - NIA
SPECIAL REPORTS AND STUDIES
Earth Consultant Report Addendum
EROSION SEDIMENTATION CONTP,.OL - N/A
! - PROJECT OVERVIEW
The proposal will create 40 new houses. The total site area measured 16.4 acres. The
basin area is only 12.67 acres and it will be addressed because there is approximately
3.73 acres of thc site situated with proposed lot 35 ,,,,,ill by-pass the on-site storm system.
The site is bordered on the West by Hoyt Road SW. The Site is bordered on the North by
High Point Division 3 and Si.Theresa Church. Ir'is bounded on the East by High Point
Division 1 and on the South it is bounded by Wedgewood Division 3. All adjacent
properties are single family developments. 2'lie property cover consists of a forested
hillside with slopes ranging from 25% to 30%, sloping down from East to West. The soil
type is classified as Alderwood by thc SCS.
An intermittent Ibrest swale exist,: i:~ ~i~c North portion of the site, and it is proposed to
keep majority ofthe area i~ its ~latt:l':tl conditioa by allowing one large lot (Lot 35).
Majority of thc lot 35 consisti:~g o:'3.'/.~ acres will by-pass the on-site drainage facilities.
Native Growth Protective Easc~nc~;t (NGPE) is set aside along the east, south and north
of the property as a bul't~r between ibis development aad surrounding single family
developments.
The surface water generated fi'om ,,fi:site devclopmem (High Point Division No. 1) is
directed into its own detention fitcility located along the east and middle portion of this
development. We propose to connect the out-fi~tll of the High Point Division I detention
facility with the proposed storm conveyance system for this development. Provisions for
a splitter, to be situated at a point before it discharges imo the new site detention facility,
to control offsite runoff from the east. The splitter will allow the off-site runoffto by-pass
the new detention facility for this development.
/
II- PRELIMINARY CONDITIONS SUMMARY
CORE REQUIREMENTS:
!. Core Requirement #1 - Discharge at the natural location.
The runoff from the site will be directed via undcrground pipes and cinch basins
to a combined detention pond/wet-vault t~cility. The detained runolTwill be
directed into existing storm system on the east side of Hoyt Road SW.
2. Core Requirements #2 - Offsite Analysis.
See below.
3. Core Requirements #3 - Runofl' Contrt:l.
A detention pond and bio-swale are proposed Io atle~mate tile peaklloxv and
improve water quality. Because a project called Northshore Division I! has
diverted '100 acres away fi'om the basin, the BW-2 standard was deemed to
provide.enough peak flow protection. Thus tile 2 and 10 year, 7 day storm peaks
were rfi~Jtched and tile detention volttme increased by .'10%. See Preliminary
Detention Design below.
4. Core Requirements #4 - Conveyance System.
The conveyance system shall consist o~' underground pipes and catch basins.
5. Core Requiremetlts #5 - Erosion/,'qedimcntalion Control Plan.
We propose a silt-fence and a sediment trap l~ con,lain sedimenls on site.
~CORE
REQUIREMENT//2 - OFF-SITE ANAI,YSIS
UPffI'RI,~AM
All upstream drainage comes fi'om/lie deveh,pmcnl (High Point Park Division !)
to the east of the site. The existing storm drain system of this development will
be connected to the proposed system of thc site. A splitter is being considered to
allow the off-site runoffto by-pass the proposed detention facility. There will be
no off-site runoff contributing to the site.
2. D()WNS'I'I~I,~AM
From the propose~ detention facility tile discharge will be conveyed west and
north to existing story system situa'ted along the east site of Hoyt Road SW. The
flow is directed through 18-inch culvert approximately 210 feet to a cross culvert
(18-inch diameter) which direct the flow to the west of Hoyt Road tbllowing
natural swale until it reaches Joe's Creek. Here Joe's Creek is 4' wide, grass
lined, flowing North. The creek flows North for more than 'A mile. The creek
meanders moderately and has a rather fiat slope.
Another 1700 fi. fin'ther tile creek comes to a 36" CMP culvert under 329m Pl.
SW. At the inlet is a wetland with standing water, about 100 fi. wide: tile creek is
4 ft. wide with rock armored-bed and trees along the banks. The culvert has a
maximum headwater of 8 fi. At the outlet the creek becomes earth lined with
trees and bushes on the banks. From there I¢)0 Ii. downstrea,n is a 48" CMP
culvert under a driveway, with a 4.5 fi. maximt,m I.IW. The creek eon,iht,es
North for 600 ft. where it crosses under Hoyt Road th,'ough a long, 48" CMP that
discharges to tile first lake of"Twin Imkes". St,bsequently the storm water flows
East 70 ft. from the first lake to the second lake. The NI":. end of thc second lake is
approximately I ,nile doxvnstream oF,he site.
From there the water is conveyed NE. Ihnn~gh a 36" concrcle pipe lo a 200 fi.
reach along a golfcot, rse. Then follows a 50 ft. pond with a 4 I't. by I fi. overflow
grate to a 36" CMP. The latter pipe crosses under 320"' St.. below lhe pedestrian
underpass, to a storm drain manhole at tile olher side of the pedestrian tunnel.
Another pipe leads to a second manhole at the driving range fi'om where a 3"~ pipe
takes the flow North to the lower reach of Joe's Creek. Here tile creek is flanked
by dense bushes and trees. Gradually tile water course turns into a canyon about
100 fl. deep below tile Dashpoint Road 450(} fl fiu'lhcr downstream.
EXPEC rE D IMPACTS TO J()E' S CRF, EK
1. Erosion
The upper reach of the creek is £airly flat, meanders, and is densely vegetated along most
of the first 3000 tL thereby resisting erosion. The runoll'peak tlows fi'on~ the proposed
development will be attenuated by the detention pond to pre-developed peak flows up to
the 10 year event. Therefore, erosion probably will not worsen during lesser storms
printouts below.
Outflow from a regular detention po,id, equal lo and below the 2 year detained peakflow
will occur more frequently. The 2-year-detained pcakllmv i~ 0.94 cfs. We predict a
flow velocity of 0.9 fps. This usually does not constitute an erosion haza,'d. As
mentioned above, ! 00 acres were recently diverted away fi'om thc creek basin: theret'ore,
the increase in duration of flows equal to our 2 year pcakfiow will not cause any erosion
for the creek, which used to handle larger flow w)lttmcs. Sec calculation below.
2.
· .We did not see any signs of past tlooding. Up to the i O-year storm no flooding is
expected because those peak flows are attenuated by means o1' detention
3. Water Quality
Runoff from the developed site will be picked up and conveyed to a bio-swale.. Then
the runoff is filtered by grasses in the bios,vale: and, to a lesser degree, even soluble
pollutants are absorbed by plants. The runoff from road, sidewalks, grass and roofs
doesn't have a high concentration of pollutants, so that the proposed water quality
treatment will suffice to maintain the existing water quality in the creek.
TERRA ASSOCIATES, Inc.
Const,llants in Gcotechnical Engineering, Geology
and
Environmental [arth Sciences
March 23, 2001
Project No. T-3895-1
Mr. Mike Davis
Davis Consulting
27013 Pacific Highway South, PBM No. 353
Des Moines, Washington 98198
Subject:
Response to Com~ilcr~Is
Git3' of Federal \\ray I.ettcr
Cottages at l-lo3q Road
Federal Way, Waslfington
Reference:
1. I.etter from City of Federal Way, l:ebrumT 16, 2001
2. Preliminary Geotech,fical Report. by Terra Associates, Inc., dated November 9, 1998
3. Geotcchnical Report Addendum, by Terra Associates, Inc., dated July 6, 1999
4. Supplementary Exploration by Terra Associates, Inc., dated June 9, 2000
Dear Mr. Davis:
As requested, we have reviewed the February 16, 2001 letter from the City of Federal Way regarding proposed
grading and SEPA com,.-nents on the Hoyt Road project. We previously prepared a series of geotechnical reports
and letters on the project, as referenced above.
Subsequent to the issuance of the City's letter, 'l'ouma Engineers has recently updated their grading and TESC
plans for the project. We have reviewed these revised plans, dated March 20, 2001, and are providing our
comments relating to City of Federal '"~ · '
,,.~.x revue',:' of the project at this preliminary SEPA phase. Our comments
are provided belov,':
City Letter Item No. I
Touma Engineers has revised the grading plan. as requested by the City, to limit grading as much as possible to
that needed for roadways. Graded areas are generally limited to 2:1 (Horizontal:Vertical) slopes and occasional
3:1 slopes, as necessary, to reduce disturbance to vegetation on the site.
Based on our review of the revised grading plan, it is our opinion that the plan is in general confolmance with our
recommendations for site grading and earthwork construction.
12525 Willows Road, Suite 101, Kirkland, Washint~ton 98034
Mr. Mike Davis
March 23, 2001
City Letter Item No. 2
As requested by the City, Touma Engineers has prepared a conceptual temporary erosion and sedimentation
control (TESC) plan for the project, dated March 20, 2001. This TESC plan appears to be in general conformance
with the standard of practice used in thc Pugct'Sound area for erosion control. Terra Associates, Inc. will also be
on-site during gradi,~g activities to pro:'idc recommendations for any additional erosion control or monitoring
measures that may be required, depending on the time of 5'car and the site conditions at the time of grading.
City Letter Item No. 4
We understand that the City of Federal Way and their consultant has recommended the use of ASTM Test
Designation D-1557 (Modified Proctor) for compaction testing of structural fills. Terra Associates, Inc.
previously recommended of use of AST:M Test Designation D-698 (Standard Proctor) for this purpose. In our
opinion, this is an appropriate standard !¥:' t:~c si,ncc ~t is used by most public agencies, including the Washington
State Department of Transportation (\VSD()T). ltowcver, as requested by the City of Federal Way, we will use
the ASTM Test Designation D-1557 stand::,'d during structural fill testing on this project.
S l! ill nl a FV
Based on our review, it is our opinion that thc revised plans prepared by Touma Engineers are in general
conformance with our recommendations and the City's request. At the time of final engineering and design, Terra
Associates, Inc. will provide additional input and recommendations, as needed.
In previous reports and discussions, we have recommended that grading on lots and roadways be performed
concurrently so that the completed 10ts arc at a potential final ~ade for individual builders of residences. This
would reduce the potential for problems typically created by grading on individual lots, while trying to coordinate
grades on adjacent lots that may be built at different times by different builders. This can result in uneven cuts
and fills, walls, and rockeries on individual lots in a haphazard manner. Since this is a significant issue, we
recommend detailed geotechnical review of all grading and foundation construction on individual lots. The
purpose of this review is to minimize the potential adverse impacts on adjacent lots or on the overall site due to
construction on an individual lot. These reviews should be performed prior to starting any construction on the lots
and should be supplemented by observations during construction to verify that the recommendations are
incorporated into construction.
We trust this letter has provided an adequate response to the City of Federal Way letter.
questions or require additional information, please call.
· > '~. :5 -..
Sin'd}?iy yoU?s,'- ' ..
If you have any
Project No. T-3895-1
Page No. 2
TERRA ASSOCIATES,
Consultants in Geotechnical Engineering, Geology SEP '2 B 2BBB
and
Environmental Earth Sciences
June 9, 2000
Project No. T-3895-1
Mr. Mike Davis
Davis Consulting Group
900 Meridian Avenue East, Suite 19-313
Milton, Washington 98354
Subject:
Supplementary Exploration
Cottages at Hoyt Road
Hoyt Road SW and SW 33-1th Street
Federal Way, Washington
Reference:
1. Preliminary Geoteclmical Report, Cottages at Hoyt Road, dated November 9, 1998,
prepared by Terra Associates, inc.
2. Geotechnical Report Addendum, Cottages at Hoyt Road, dated July 6, 1999,
prepared by Terra Associates, Inc.
Dear Mr. Davis:
As requested, we have completed supplementary subsurface exploration at the subject project site. We previously
conducted a geotechnical study for the project and presented our findings in .the referenced reports. Since that
time, the grading plan has changed. We conducted additional subsurface exploration in the areas of significant
cuts that were not part of the original grading plan. This report summarizes the results of our recent subsurface
exploration and discusses the applicability of the recommendations presented in the referenced reports.
PROJECT DESCRIPTION
The project will consist of constructing two-story residences and associated facilities. At the time of our study,
the actual building locations and their structural loads were not' 'known. We expect that perimeter load-bearing'
walls and isolated spread footing loads will be as indicated in the referenced reports. Perimeter bearing wall load~
will be approximately I to 2 kips per lineal foot and isolated spread footings may carry loads of up to
approximately 30 kips.
SUBSURFACE CONDITIONS
We drilled four soil test borings (B-I through B-4) and excavated 14 test pits (TP-1 through TPI4) as part of our
previous studies for this project. Our current exploration included drilling two additional test borings (B-5 and B-
6) on May 25, 2000.
12525 Willows Road, Suite 101, Kirkland, Washington 98034
Mr. Mike Davis
June 9, 2000
The borings were drilled in the northern and south-central parts of the site, where significant excavations will be
required to create roadway access to the project and lots. These test borings were advanced to a depth of
approximately 31.5 feet below the ground surface. The approximate locations of the test borings are shown on
Figure I and the boring logs are shown on Figures 2 and 3. We performed grain size analyses on six
representative soil samples obtained from the test borings. The test results are presented on Figures 4 through 6.
The test borings encountered 9 to 12 inches of topsoii overlying very loose to medium dense silty sand.
Underlying the upper silty sand soils, we observed dense to very dense, poorly-graded sand with silt from depths
of 4 to 27 feet. Clean sands were encountered below 23 feet to the maximum exploration depths. We did not
observe groundwater seepage or associated wet soils in the test borings drilled at the site.
DISCUSSION
Our subsurface exploration indicates that thc location of the significant cut areas are underlain by silty sands to
clean sands..These soils are consistent with those noted in our previous test borings. Therefore, the
recommendations contained in the referenced reports continue to be applicable and should be used for design and
construction of the Cottages at Hoyt Road.
Excavations for project construction will require cuts of approximately up to 25 feet below the existing grades.
All excavations at the site must be completed in accordance with local, state, or federal requirements. All
permanent cut and fill slopes should be graded to a finished inclination of no greater than 2:1
(Horizontal:Vertical). All finished slopes should be planted with suitable species of vegetation to minimize future
erosion potential. All recommendations presented in our earlier reports should also be incorporated into project
design and construction.
We trust this information is sufficient for your current needs.
information, please call.~~..
Sincerely yours, ~q' ~./~,,,,...,~"x~? '~
Ani, Butail, P.E.
Princi~l
TMAB:dvp
Encl: Figure 1 - Vicinity Map
Figure 2 - Exploration L~ation Plan
Figures 3 and 4 - Boring Logs
Figures 5 through 7 - Grain Size Analyses
If you have any questions or require additional
Project No. T-3895-1
Page No. 2
TERRA ASSOCIATES, Inc.
Consultants in Geotechnical Engineering, Geology
and
Environmental Earth Sciences
August 20, 1999
Project No. T-3895-1
Mr. Mike Davis
Davis Consulting Group, LLC
900 Meridian Avenue East, # 19 - PMB 313
Milton, Washington 98354
Subject:
Geotechnical Issues
Proposed Site Grading
Villages at Hoyt Road
Federal Way, Washington
Dear Mr. Davis:
As requested, we are providing geotechnical sen, ices relating to the design and construction of the subject project.
To date, we have conducted subsurface exploration at the site in two phases..Our findings and recommendations
for the geoteclmical aspects of the project have been presented in our reports dated November 9, 1998 and July 6,
1999. In performing our work, we have also reviewed grading plans for the project prepared by Touma
' Engineers. The most recent grading plans, dated June 1999, show cuts and fills on the order of 15 to 20 feet to
create finish grades for roadways, building lots, and the detention pond. The site has considerable natural relief
and the planned site grading is necessr/ry to provide stable slopes, as well as easily accessible roadways.
Recently, based on correspondence and communication with representatives of the City of Federal Way, it is our
understanding that the City has requested modification of the proposed site development plans to incorporate
grading and construction of roadways and utilities only. The City also indicated that grading on individual lots be
conducted later during development on individual lots. It is also our understanding that the purpose of this
request by the City was to maintain the maximum amount of vegetation on the site, as well as to minimize initial
grading impacts on the property.
It is certainly feasible to perform site grading on th~ project in two phases as requested by the City. However,"m~
our opinion, the benefits of the phased grading will be far outweighed by potential adverse impacts.
12525 Willows Ro;M q~it~ 101 I(ir['l~grl
Mr. Mike Davis
August 20, 1999
You requested that we evaluate the benefits of performing the site grading for the project in this manner. Based
on our review, our comments are presented below.
o
I. The City has suggested tree removal be initially confined to roadway and utility areas only. Removal of
vegetation is recommended during development of the individual lots. While reducing vegetation
removal on the sit.e is a good idea to reduce erosion potential, all of the trees that might be saved during
the initial phase will be removed in later phases dhring construction. Delaying the removal of the trees
will not serve the purpose of long-tem~ erosion protection since'these trees will be removed an~vay. It
is our understanding that you plan to revegetate the site using new trees with a ratio of 1.5 new trees to 1
tree removed from the site. In our opinion, mass grading of the site followed immediately by planting of
new trees at designated locations would prove to be a more suitable and effective manner to perform the
site grading zmd vegetate the site.
The City indicates that excavations aad fills made incidental to construction of roadways and other
utilities may extend 20 feet from the edge of the roadway to adjacent lots and properties. Based on the
current grading plan, cuts and fills placed in this zone may need to be at inclinations of 1:I
(Horizontal:Vertical) or steeper. These are not stable slopes for the soil conditions existing on the site.
Therefore, if the City's requirement is followed, then it will result in leaving several potentially unstable
slope areas on a portion of the prot.>crty.
If grading is performed for the roadways only, extensive additional grading will be needed on individual
lots for house construction. This grading may not be performed on individual lots concurrently.
Therefore, if lot grading is performed on scattered lots at a time, each lot will be considerably more
susceptible to erosion. In addition, if grading is to be performed on a lot which is adjacent to a lot that
already has a residence on it, the existing residence may be susceptible to loss of adequate lateral and
vertical support or excessive surcharge loads during site grading on adjoining lots.
o
If only the roadway aligmnent is developed initially and individual lots developed later, the temporary
slopes adjacent to roadways will need to be provided with temporary retaining walls, as well as erosion
protection. Whenever a new lot is developed adjacent to the roadway, this will result in severe
disruption of erosion controls and temporary slope protection measures provided for the slope and could
result in localized failures.
Current grading plans envision construction of retaining walls and/or rockeries to accommodate great
differences in individual lots mad allow construction of house pads. If the site .is graded at one time,
construction of these grade separation walls or other devices can be made concurrently with the site
grading. However, if this work is performed with individual lot development, the construction of such
devices on individual lots will be considerably more difficult. This will be particularly true ifa retaining
wall or rockery extends across two lots. Construction of the walls and/or rockeries in separate phases is
likely to result in structures that may not properly match each other and also may result in redoing the
portions of the structures that are affected by adjacent construction.
Project No. T-3895-1
Page No. 2
Mr. Mike Davis
August 20, 1999
If only tim roadway areas are graded initially, these will be subjected to very heavy construction earth-
moving equipment loads throughout thc period that individual lots are being graded. These loads may
result in damage to thc road subgradc. -
7. Appropriate erosion and sedimentation controls can be made effectively on the overall site perimeter and
exposed work areas as a whole if the site is graded at one time.
In light of the above factors, it is our opinion that grading of the site can be conducted with less risk and far more
efficiently if it is performed in one phase. Of course, proper erosion and sedimentation control is a key element in
performing site grading at the site. All other recommendations presented in our earlier reports should be followed
in construction.
We trust the information presented in this letter is sufficient to enable you to address the City's concerns
pertaining to phasing of site grading at thc subject site. If you have any questions or require additional
S
incerely yq.,'.~
Anil Butail,'~q~.~
Pres'dent
Project No. T-3895-1
Page No. 3
SECTION 14, TOWNSHIP 21 NORTH, RANGE ~ EAST, WoM.
B
POINT pARK CIV. 1,
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PROJECT NO. 9~--104394--SU
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PRO, L~CT NO.
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TOI4CISHIP 21 NORTH, RANGE ,.~ EAST,
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', 20
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EXHIBIT I
OVO~l IAOH l V SgOVIIOO
,Og~, l 37VOS
0311 V7dNA
~ 'A Iq >t~J I Nldd HOl'hl
TERRA ASSOCIATES, Inc.
Consultants in Geotechnical Engineering, Geology
and
Environmental Earth Sciences
July 19, 2001
Project No. T-3895-2
Mr. Mike Davis
Davis Consulting, Inc.
27013 Pacific Highway South, PMB/t353
Des Moines, Washington 98198
Subject:
Wildlife Study
Hoyt Road Property
Federal Way, Washington
Dear Mr. Davis:
As requested, we have conducted a Wildlife Study for the Hoyt Road Property located in Federal Way,
Washington. We visited the site on July 14, 2001 to evaluate potential sensitive habitats and species of
concern. In addition, we accessed data from the Washington State Department of Natural Resources
(WSDNR) Natural Heritage Program 0q}'IP) and the Washington State Department of Fish and Wildlife
(WSDFW) Priority Species and Habitats (PSH) databases. These databases contain current information
regarding priority habitats and species of concern.
GENERAL SITE CONDITIONS
The subject property is an irregularly-shaped parcel comprising approximately 18 acres. Hoyt Road
passes through the property from nQrth to south. Most of the property is located on the east side of Hoyt
Road. The site is currently undeveloped. Properties in the vicinity are developed with single-family
residences.
A mixed second-growth forest with a dense shrub understory covers the subject property. Trees include
Douglas fir (Pseudotsuga menziesii), western red cedar (Thuja plicata), western hemlock (Tsuga
heteroph),lla), big-leaf maple (Acer macrophylhmt), and red alder (Altttt$ rubra). Shrubs include salal
(Gaultheria shallon), Indian plum (Oemleria cerasiformis), red elderberry (Sambucus racemosa),
mountain ash (Sorbus sit&~tsis), trailing blackberry (Rubus ursinus), and beaked hazelnut (Corylus
cornuta). Herbaceous vegetation includes sword fern (Polystichum munitum), fringe cup (Tellirna
grandiflora), columbia brome (Bromtts vulgaris), sweet vemalgrass (Anthoxanlhum odoratum), bracken
'fern (Pteridium aquilinutn), and shield fern ( Dryopteris expansa).
Mr. Mike Davis
July 19; 2001
Animal species observed include Steller's jay (Cyanocitta stelleri), American robin (Turdis
migratorius), American crow (Corvus brachyrh),nchos), and pileated woodpecker (Dryocopus pileatus).
The presence of mountain beaver (Aplodontia rufa) was confirmed by the observation of burrows
throughout the site. In addition, the presence of black-tailed deer (Odocoileus hemionus) at the site was
confirmed by the observation of' tracks and scat. Other animal species likely to be present at the subject
site are included on Table 1. Inclusion on this list does not necessarily imply presence on the site.
The WSDFW PSH and the WSDNR NItP databases do not indicate the presence of any priority habitat
or species on or near the subject property.
PROPOSED DEVELOPMENT AND IMPACTS
Proposed development of the subject property consists of the construction of 40 single-family
residences. The Site Development Plan is shown on Figure 2. Access to the residences will be provided
by a private road that will loop through the subject property, connecting to Hoyt Road at both ends.
Two cul-de-sacs will provide access to building sites located at the northeast and southeast property
corners.
Based on our site observations and review of' the State databases, it is our opinion that development of
this property will not impact any listed species or habitats of concern.
We trust the information presented in this letter is sufficient for your current needs. If you have any
questions or require additional information, please call.
Sincerely yours,
David R. Teesdale
Ecologist
DRT:kr
Encl:
Figure I - Vicinity Map
Figure 2 - Site Development Plan
Table 1 - Potential Species List
Project No. T-3895-2
Page No. 2
TABLE 1
POTENTIAL SPECIES LIST
Hoyt Road Property
Federal Way, Washington
Animal Type
Common Name
Scientific Name
Second-Growth Mixed
Forest Forest
Amphibians
Birds
Red-legged Frog
Northwestern Salamander
Pacific Chorus Frog
Western Toad
W. Red-backed Salamander
Ensatina
Rough-skinned Newt
Pacific Giant Salamander
Long-toed Salamander
Golden-crowned Kinglet
Chestnut-backed Chickadee
Willow Flycatcher
Hammond's Flycatcher
Pacific Slope Flycatcher
Eastern Kingbird
Steller's Jay
American/Northwestern Crow
Black-capped Chickadee
Western Wood Pexvee
Bushtit
Red-breasted Nuthatch
Brown Creeper
Olive-sided Flycatcher
Winter Wren
Red-breasted Sapsucker
Ruby-crowned Kinglet
Swainson's Thrush
A mb),~tom a gracile
Pseudacris regilla
Bt~o boreas
Plethodon vehiculum
Ensatina esc~choltzii
7~richa granulosa
Dicamptodon tenebrosus
Amb),stoma macrodaco,lum
Reguhts satrapa
P arus rt~escens
Empidonm' traillii
Empidonm' hammondii
Empidonav d~cilis
Tyrannus O,rannus
Cyanocitta slelleri
Co~us brachyrhynchos
P arta atricappdta
Contopta sordi&dta
Psaltriparus minimus
Sirra cahadet~is
Certhia americana
Contopus borealis
Troglodytes troglodytes
Sphyrapicus tuber
Regulus calen&da
Catharus ustulatus
Project No. T-3895-2
TABLE 1
POTENTIAL SPECIES LIST
(contlnucd)
Hoyt Road Property
Federal Way, Washington
Animal Type
Conlmon Name
Scientific Name
Second-Growth Mixed
Forest Forest
Birds
American Robin
Bohemian Waxwing
Bewick's Wren
Common Barn-owl
Green-backed Heron
Wood Duck
Osprey
Bald Eagle
Sharp-shinned Hawk
Cooper's Hawk
Red-tailed Hawk
Merlin
Hairy Woodpecker
Band-tailed Pigeon
Pileated Woodpecker
Western Screech-owl
Great Homed Owl
Barred Owl
Northern Saw-whei Owl
Rufous Hununingbird
Cedar Waxwing
Downy Woodpecker
European Starling
Northern Flicker
Ruffed Grouse
Brown-headed Cowbird
Varied Thrush
Turdu~' migratorius
Bombj'cilla garrulus
ThtTomanes bewickii
I),to Mba
Butorides striatus
.4ix sponsa
Pandion haliaetus
Haliaeetus leucocephala
Accipiter striatus
Accipiter cooperi
Buteo jamaicensis
Falco columbarius
Picoides villosus
Columba fasciata
Do,ocopus pileatus
Otus kennicoltii
Bubo virginianu$
Str£r varia
A egolius acadicus
Selasphorus rtCts
Bombycilla cedrorum
Picoides pubescens
Sturnus vulgaris
Colaptes attratus
Bonasa umbellus
tt Iolothrus ater
I. voreu$ nacviu$
Project No. T-3895-2
TABLE 1
POTENTIAL SPECIES LIST
(continued)
IIoyt Road Property
Federal Way, Washington
Animal Type
Colll nlon i"~';.l il I e
Scientific Name
Second-Growth Mixed
Forest Forest
Birds
Mammals
Solitary Vireo
Evening Grosbeak
American Goldfinch
Pine Siskin
House Finch
Northern Oriole
Dark-eyed Junco
Song Sparrow
Fox Sparrow
Rufous-sided Towhee
Black-headed Grosbeak
Yellow Warbler
Hutton's Vireo
Purple Finch
Western Tanager
Warbling Vireo
Orange-crowned Warbler
Yellow-romped Warbler
Black-throated Gray'Warbler
Townsend's Warbler
McGillivray's Warbler
Wilson's Warbler
Red-eyed Vireo
Black Bear
Bobcat
Porcupine
Mink
Project No. T-3895-2
TABLE 1
POTENTIAL SPECIES LIST
(continued)
Hoyt Road Property
Federal Way, Washington
Animal Type
Coltinloll [X4a Ill C
Scientific Name
Second-Growth Mixed
Forest Forest
Mammals
Reptiles
Raccoon
Short-tailed Weasel
Long-tailed Weasel
Spotted Skunk
Striped Skunk
Elk
Red Fox
Pacific Jumping Mouse
Shrew-mole
Coyote
Townsend's Chipmunk
Bushy-tailed Woodrat
Deer Mouse
Beaver
Northern Flying Squirt'el
Douglas' Squirrel
Black-tailed Deer
Common Opossum
Vagrant Shrew
Oregon Vole
Dusky Shrew
Snowshoe Hare
Mountain Beaver
Eastern Cottontail
Pacific Mole
Rubber Boa
Common Garter Snake
Project
TABLE 1
POTENTIAL SPECIES LIST
(continued)
Hoyt Road Property
Federal Wa)', Washington
Animal Type
Conlmoii Nallle
Scientific Name
Second-Growth Mixed
Forest Forest
Reptiles
W. Terrestrial Garter Snake
Northwestern Garter Snake
Northern Alligator Lizard
Thamqophis elegans ~, ~
Tbamnophis ordinoides ~ ~
Elgaria coerulea ~ ~
Project No. T-3895-2
Pileated Woodpe~Ic, er
Dryocopus pileatus
Prepared by J~ffre), ~._L__~_.,'_t~t Marie Whal~n, and E..',li~eth ,4. Rodr~c
GENERAL RANGE AND WASHINGTON DISTRIBUTION
PLleat~ woodpeckers are year-round
residents from northern British Columbia,
~nd muthem Canada east to Nova Scotia;
muth to northern C~lifomia, Ida.ho,
Montana} eastern K~n~s, and south m Gulf
Co0Jt a.qd Florida. The Washington
distribution eh.compasses the forested areas
of the state.
STATUS
The pile. ate3 woodpecker is a State
Candidate species.
Range of the pileated woodpecke¢, D~¥ocopus
pileatu$, in Washington. Mai~ derived from the
literature.
Volume IV:
RATIONALE
Pileated 'wocxtpecker~ are recreation~ly important, non-con-~umptive wildlife. The availability
of large snags and decadent live trees u.~a:l as nesting habitat has declined as a result of timber
management practices and an exp~ding human population.
HABITAT REQUIREMENTS
Pileated wood~ke~s inhabit mature and old-growth forest~, and second-growlth foists with
large snags and f'alcn trees. Large ~.nag.~ and decadent live trees in older forests are generally
used by pi!cate.4 woodpeckers for nesting and roosting throughout their range (Mellen 1992,
Aubry and Raley 1995, 1996, Bull and Jackson 1995). In westea'n Oregon and Washihgton
they may use younger foresa (d0-70 years old) as foraging habitat (Mellen 1992; ^ubry and
Riley 1995, 1996).
Nesting
The breeding .~ason for pileatexl woodlx~ckera is from mid-March to late June. They excavate
large nest cavlties in snags or live trees with decaying portions. Bull (1987) in northeast
Oregon reported that nests had entrance~ 12 em (4.7 in) high and 9 cm 0.5 in) wide and
internal dimensions 45 cm (17.7 in) deep and 21 cm (8.3 in) wide. Pileated woodpeekem my
start a number of cavity excavations throughout the year but gene.rally only finish and ne~t in
one (Mannan I984, Bull 1987, MeUen 1987).
Studies in Oregon and Washington have reported mean pileatcd woodpod~r ne~t tree
charaetexisti~ as 69 cm (27 in) dbh and 27 m (87 ft) high in weatem Oregon (Mellon 1987),
84 cm (33 in) dbh and 2g m (92 ft) high in northeastern Oregon (Bull 1987), and 101 cm (40
in) dbh and 40 m (131 ft) high in western Washington (Aubry and Raley 1995). TYt~ic~ nest
tree~ k~cluded westcom larch (ta.~ occi~?~a!~$), ponderosa pine (l~nva ponderosa), and black
eottonwoc~ (Po~ulus tr~choca~a) east of the Cascade Moun~ns (Mad.sen 1985, Bull 1987),
Doughs-fir (Pseudotsuga meraiesi£) md grand fa' Obie, grandi$) in the Oregon Coast .l~nge
0vlellen 1987. Nelson 1988), and western hemlock (~uga heterophylla) and Paei/ic silver fir
(Abies amabilis) on the' Olympic Peninsula (Aubry and Raley 1995). Mo~t ne~t ti'cea were
hard ,nags with intact bark and broken tops, or live trees with dead 'tops.
Roostkng
Roost treed are used at night and during inclement weather. Pileated woodl:~ckers will u~ I~-
11 roosts over a 340 month period, some birds will u~e one roost for a long period of time
before switching to a new roost, and others regularly switch among several roosts (Bull ~ al.
002b).
,f
Wa~h~noto~ Departm~t of ~eh ~ W~ldltfe
Roost and nest trees of pileated woodpec.~rs differ in species and phy-qeal characteriitics.
Bull et al. (1992b) found lhat pilcated woodpeckers used live trees or snag~ for roosting and
nesting ba~-xl on tree species, wood condid, on, and dbh..They reported that roost trees were
smaller than nest trees [70 em (28 in) vs. 80 em (31 in) dbh, reslxctively]; roosts were often
in hollow or rotten areas of a tree or snag, whereas nests were excavated in solid.wood; roost
chambers had more entrance holes than nests; and roosts were predominantly in grand fa',
whereas nest trees were predominantly ponderosa pine and western larch (Bull ~ al. 1992b).
Aubry and Ra!ey (!995) .round tha: pi!eared w~xlpeckers on the Olympic Peninsula primgrily
roosted and nested in western .,~:,,~,.,_,., Pacific silver fir, rind western red cedar {ThuJa
plicata) trees or snags with average dbh's greater than those used for nesting. I.~rge [200 cm
(79 in) dbh] western red ced~s we.r-¢ used for roostLng, but not for nesting, They found that
88 % o.r all roosts were located in old and mature forests (Aubry and Raley 19963.
Foraging
Pileated woodpec.kcr~ foF~c phm.~diy within fore. sis older than 40 years of age in western
Oregon ~{ellcn et al. 1992) and in old and mature forest on the Olympic Peminsula (Aubry
and Raley 199{5). They seldom use clearcuts, but do forage in shelterwood cuts if logging
debris is retained (Mannan 1984, Mellen 1987). Pileated woodpeckers forage on large stings
[>50 cm (20 in) dbh], live tre~s, logs [> I8 em (7 in) dbh], ,.nd stumps (especially naturally
formed versus cut]. In Oregon a. nd Washington, food habits consist of carpenter and thatching
ants, beetle larvae, termites, and ohher insects (Bull et al. 1992a, Aubry and Raley 1996).
Snags and live trees take on Sl~..cial imporm.nce in winter for foraging when logs ~ stumps
may be covered with snow (M¢Clelland 1979, Bull and Holthausen 1993). Large
rectangular/oval holes in snags are indicative of pilmted woodpecker foraging 0vlcClelland
1979, Ne[tro et al. 1985, Bull and Ja¢l~on 1995).
Florae ranges vary in size within the Pacific Northwest from 407 ha (1,006 ac)/br~ding pair
in northeastern Oregon (Bull and Holthausen 1.993), 480 ha (1,186 ac)/pair ia thc central
Oregon Gout Range (Me!l~ et ~. !992), ?~.d 863 I'm (2,132 ae)/br~ding ~ on [he OlymlaI¢
'Peninsula (Aubp/.~.'~d Raley 1995).' Home ranges of individuals that lost mates ax~ largex ~
those of mated individuals, and pairs with young have larger home ranges than l:u~tr$ wtthout
young (Mellen et ~. 1992, Bull and Holthausen 1993). Home ranges gene, rally consist of
> 85 % forest habitat (Bull and Holthausen 1993), and this is predominantly lat~sucoe..ssionaI
forest habitat (Bull and I-Iolthausen 1993, Aubry and Raley 1995, 1996). Fragmentation of
habitat is considered one of the factors influencing horn~ range size in pileated woodpeckers.
Volume IV: B~f-J~. March 1 $58 :3:2-~ Washington Oal~e~'o'nant of Fh;h .nd Wild§re
LIMITING FACTORS
Availabili~ of large snags or decadent live trees as a ~ource of nesting habitat.
MANAGEMENT RECOMMENDATIONS
Management activities for ifil-~?-tcxl wo~xlp~k~r$ n~--~..d to f~us on providing ~d m~~
ad,ustc ~d appropriate l~e snags ~d d~dent ~ve u~s for n~ting ~d r~s~g.
~d ~ve ~s c~tM or re~n~ for these w~~ n~ m be av~l~le
~ndifions ~c suitable for tMs s~ies. For example, p~t~ w~~rs g~e~ly do not
nest or ~st in cl~cua; however, t~s is o~ where sn~s ~d ~s m ~.
Fu~ore, may of a~ sn~s and ~ w~ be gone (falen, cut for f~, b~, or
d~m~) or unsuitable by the time a sai~ble s~nd grows up ~und ~e mags.
Providing nesting and roosting hablta~ can be achieved in several ways. First, suitable snags
can be created in olde." second growth sta.nds using snag creation techniques (Bull and
Partridge 1986). Second, green recruitment trees can be left in adequate number and
distribution in clearcuts to provide large snags (using snag creation techniques) later in the
rotation when the.stand has developed. Third, uneven-aged management Of forest stands can
proylde a means to leave adequate can6py closure and snags to maintain suitable nesting' and
zoosting habifiat for pileated woodpeckers. Fourth, defective or cull trees (those with heart rot, -
forked or broken tops, cavities, pileated excavations) that may become or are suitable as
habitat, can be retain~ during commercial thinning operations; these can also be used a~ green
re. erultment trees in the subsequent rotation.
Managers may have greater flexibility when providing foraging habitat, Foraging habitat can
be provided by ~c~ning naturally formed _~tumps .',-.nd numerous large logs in various atage~ of
decay. ~Management for snags, culls, and green recruitment trees can ultimately provid~ large
downed logs as foraging hfoitat. ?ro~tion of riparian habitat: and the provisions of
significant buffers along streams will provide foraging habitat for pileated woodpeckers
(Mellen et al. 1992).
The U.S. Forest Service (1986) has a m~adate to maintain viable pgpulations of wildlife on
public lands, and as a result ilaey developed Minimum Management Recommendations
(MMRO. The pilcated woodpecker was scl<ted as a management indicator ~ for old-
growth conifer fore,ts b~..~ause its highest denslti~ 0eeur in old growth, Thc ]~I~R$ for thc
pilcated woodpecker apply to a 400 ha (1,000 ac) unit. Within thc unit, 2.40 ha (600 ac) arc
managed for one pair of pilealed woodpeckers: a 120 ha 000 ac) old growth or IllatlJrc
· ll~ting area and an additional 120 ha (.300 ac) area for feeding. One such habitat area is -
retained for every 4,850 ha (12,000 ac) dispersal area. Specific requirements for thc I~0 ha
000 ac) nesting area ~,clude maint2dMng at least 5 hard snags/ha (2/a¢) > 30 cm 02 ill) dbh
(600 snags/120 ha or 300 ac). Of theie, 45 snagdl20 ha 000 ac) should be 2>50 em (20 in)
dbh. A minimum of 5 hard snags/ha (2/ac) > 25 em (10 in) dbh also should be maintain~ in
the additional 120 ha (300 ~c) feedLng area.
The M'MRs were based on data from northeast Oregon where there are high densities of
pileated woodpec~r with sm'ali home rages (Bull 1987). Studies in western Oregon show
lower densities and a mean home range that is twice the size found in northeast Oregon
(Mannan 1984, Mellen 1987). Consequently, Mellen (1987) recommended increasing the size
of the nesting and feeding areas for each breeding pair in western O:~on by 250%.
Also from northeaster,,, Oregon, Bull and Holthausen (1993)'reeommend~ retaining 8
Snags/ha O.2/a¢) with at least 20% being ztl em (20 in) dbh. They also recommend
retaining > 100 log.s/ha (40/ac) as foraging substrate in management areas, with a preference
for logs ~38 em (15 in) in diameter, for all species except l,:xlgepole pine,
Although, both of the above discussed sets of recommendations are b~..d on data from
northeast Oregon [hey do provide some mLnlmum habitat guidelines for pileated woodpecker.~
throughout the nor'~west. Conner (1979) 2.rgued that managing for the minimum may cause
gradual population declines. Instead, he suggested that average values for habitat componenL~
be used in forest management. The major studies discussed earlier in this document relxal'led
average nat tree diameters of 69-I01 em (27-40 in) depending on specific location (BUll 1987,
Mellon 1987, Aubry and Raley 1995). We (WDF~.would agree that using ay .erage value~
fo~: habitat components (dbh of trees for nesting, rco,~tlng, and foraging and numar of nest
trees and downed logs provided/ha) would be prudent, however as a minimum we rexaammend
that the Forest Service ~'.~R'~ be followed.
REFERENCES.
Aubry, K. B., a~d C. M.P. atey. ,oo-...... ~.e.,,,e~ ' .... of pilcat~ wo,xlpecker~ ia man%,,~d hlzui.v~p~ on the Olympic
Pe~i,~u!a. Page~ 6144 tv. Ecology, ~agemeat, and con, ovation of ~nsitlve wildlife
UnpubL l~,ep., U.S. For. Sem., PNW P.e~. $~, Olympia, Wash.
' 1996. Ecologyofpil~.edwoodp~ke.,ainma:~8~~onth¢OiympicPe~i,~eulm
Yag~ 70-74 in ~ology, ~agem~{, ~d ~a~u of ~ifive w~ ~ Uupubl. R~.,
U.S. For. ~., P~ ~, $U, Oly~ia, W~h.
Bull, E.L. 198"/. Ecology of th~ pilat~ woodp,~ker ~ uorthe.~stem O~elou. L Wildl. Manage. $1:4T145t.
R. C. Beeicwith, ~d R. $. Holthau~. 19928. Arthropod. d[e~ of pil~aled woodpecket'~ in north~t~m
Oregon. Northwec~t. Nat. 73:4245.
, ~md R. $. Holthataem 1993. Habitat u.~
Orel;oii. I. Wildl, Mana~¢. 57:335-345.
Volume IV: Bi~dc. Ma~ch 19gS 32-5
, --, ~d M. G. Hcn~um. 19~0. T~ix~ique~ foe moflRotiag piloted ~,oodl~cke~, U,S. Fo~,
?NW~TR-269.
--, --, ~d ~ 1992b. R~ost trees u.~ed by l~B~ted .woodpeckvr~ fix uorthe, aztem Orogoa. I.
Msaage. 56:786-793.
, and I. E./acl~on. I995. Pileated wo~lp~ek~ (J)ryoco£us£il~atua). No. 148 in A. Poole and F. Oill,
sds. The Bi~ o/N. A.m. A'~..wl. Natl. $¢i. ~d Am. Omithoi. Un/oa, Philadelphia, Pa
· , ~ud A. D, Partridge. 198tL M'etkaff, s ofkilliag ~oa foru~ by cavity ,~ostors. Wadi. ,~:~, l~ull; 14:[42-
146.
Co~ner, k. N. 1979. M/~mum staa~tda ~d forest wildfire m~aag~ms~at. W~dl.
M~, S.J. 1985. Habi~ u~ by cavity~t~g b~a ~ the O~og~
Matm~, R. 1984. Surr~mcr a.~-a r~quirecaea'~ of/~ileatM woodpeckers ia western Or, goo. WildI. So~. ]gull,
I2:265-265.
Wi"
W., E. C. Meatow, gad Fl. M. got. i980. Un of snags by birds ia Douglas-fir forests,
Oregon. J. Wildl. blanc_ge. 4.4:'/g7-'797.
McClellaad, B. R. 1979. 'faa pila',a~ woodpecker in forests of tho aorthc:~ Rocky Mountaias. pp ~g~-299/n
$.O, Dicl~son el al., ads. The role of iase. etiv~ou.n hird~ ia forast eo~ystems. Aead. lhnsas, New York,
N.Y.
Mallea, T. K, 1987, Rome raaco and h~bitat use by pil~tM woodpe?~k~s. M. S. Thesis. Oreg. State Uaiv.,
Corvallis. 96 pp.
, g.. C. Me~!ow, aad R. W. Ma.a~aa. 1992. Home raag~ aad habitat uso of pile~_~_~ woodl~e.~e~, ~
Oregon. J. Wildl. Ma.nag_e, 56:96-102.
Neitro,
W. A., V. W. Bir, kl;y, S. P. Cline, K W. Macu',a~ B. G. Marcor, D. T~Ior, and K F. wagaor, 1985.
Sna~s (N/il61ffe treea). Pages I29-169 in Rrown, E. R., tach. ed. Manng~raent Of wildlife and fl~;h
habitats in fotefls of Western Oregon arid Washington. U.S. For. Scrv. l:~ubl, lqo.
322 pp.
Ndr~a, S. K. 1998. Habitat 'usa aad denaitle~ of cavity oe~tiag birds in tha Or~goa Coas~ Raages. M.$. ~,
Oceg, ~SLxt¢ Uaiv., Co~'atlis.
Take. kawa, ~/. Y., E. O. Oanon, and L. L*a/eliet. 1982. Biological eontr°l of f6r~t ias~t oulbtsaks: ~!~ u~
of a~4an predatom. TrL,~s. N. Am. Wildl. and Nat- Re~. C. oaf. 47:393-409.
Thomas, J. W., R, G, A~dersoa, C. Maser, stud E. L. gtull. 1979. Snags. PaSe~ 60-77 In J. W, ~o~, ~
~, Wildlife ~bi~ ~ ~gM Ions- &e ~lue Mo~s of ~g~ ~ W~gt~. U,S. ~
Agile. Aide, [l~d~k No. 553.
Ualted
$tatea Fo,,'e~. Serviea. 1996. Rct-,o~ and bac~r~grouad documeats on Mkdmum Managemeal
Reaomm~d~tioas for fore.st pla~mlng on tho National Forest of the Pacific Northwest Region. U.S.
Serv., PortlY,
KEY POINTS
Habitat Requirements
· Pileated wocodpeckers inhabit mature and old-growth forests, and second,growth forests
with numerous large snags and fallen trees.
They nest in snags, and in live trees with de~d tops.
(27 in) dbh and 27 m (87 f0 in height.
Nest trees generally exceed 69 em
· Roost trees axe typically large diameter live trees and snags with hollow chambers. A
number of roosts ,..re used by each individual.
· They forage on I~ge snags, live trees, logs, and ~tumps for ants, beetle larvae,
tern'rites, and other insects.
Home ranges have been documented to be 480 ha/pair (1,186 ac/pair) in the central
Oregon Coast Range, 863 ha/pa~.r (2,132 ac/pair) on the Olympic Perdasula in
Washington, and 407 ha/pair (1,006 ac/pEr) in northeastern Oregon.
Management Recommendations
U.S. Forest Service Mirdmum Management Reeomme,~dations: Maintain onq 2,t0 ha
(600 ac) .habitat area for I pair of pileated woodpeckers and dt~t'~ every a,850 ha
(12,000 ac). Nesting area - t20 ha (300 ac) with 5 hard snag~ha {7./az) > 30 em (12
in) dbh, 45 of these 600 snags/120 ha of 300 ac should be >50 tan (20 in) dbh.
Foraging area - 120 ha O00 ac) with 5 hard snags/ha (?-/ac) 25 em (10 in) ttbh.
Monitoring ~techniquea for pileated woodpeckers should follow Bull et al. 0990).
Use snag creation techniques to provide habitat where and when it is laeldng. Sit~
qualities are important to coimider when providing nesting and roosting habitat,
pileated woodpeckers generally do not nest or roost in clexrcuts or young stands.
32-7
W·;hJng~on Oepertmen( of Fi=h and W'dd~fo
During commcri~l ~rting and ha~v*csting, leave deformed or dying trees &nd green
rephcement trees of sufficient size to replace existing st~gi wh~ they fait. Leave
large logs ;.nd stumps in vaz'ious stages of decay.
vmume IV: 8i~ls. March
J.N~l'lO
8t, l, g6 Y~
e^lJO S~UlOP( '~=0 t,066L
!
i. IIi "
II'
,;~ltl! I
!
03ii VTdNn
~' 'A/O >IetVd l~lOd HOIH ',
I<Y'~d ~L~Y~
(]VO~ LLOH ,I.V $30YLLO3
II
II
,, ,, ,lllllllll III II I II
COT[AGES AT HOYTROAD
CROSS SEC~ONS
Federal Wa~ Washington
PROJECT
Rick Williams
19904 Des Molnes Drive
Seattle, WA 98148
CLIENT ,
Davis Consulting, Inc
27013 Pacific Highway South
PMB/t353
DesMoines, WA 98198-9250
(253) 859-3750
Fax (253) 859-3738
Wednesday, November 22, 2000
Tim McHaxg
City of Federal Way
33530 - 1st Way South
Federal Way, WA 98003
RE: Cottages at Hoyt Road
Dear Tim:
Pursuant to our many conversations regarding the open space requirementa at the above referre~! project.
On behalf of Rick Williams, I formally request to a pay a fee in lieu of providing the required on site open
space. As you are aware due to the on site topography it is impossible to provide the required open space.
Thank-you for your attention to this matter. If you should have any questions please call me at the number
listed above.
ulting, Inc. :
,t0 ¥ '?- 2. 2000
I · ~1
Thts .,'~rli[icalo provides I/Jo
Ooparlmonl o'1 Hoallh and
Depa~enl of Development and
~onmenial So.ices wiih
information noce~sa~ Io evaluale
'~v~lopmon~ proposals.
K/NG COUNTY
Dcpanmcnl of Dcvclopmca( and
Enviro~n~
~ O~lc Avenue ~uthw~t
RoSen. WA 98055-1219
KING COUHI"{ CERTIFICATE OF SEWER AVAI~.BILITY
llo~ w~&te &a th',$ ~ox
PralXm/nar~ P/ac or PUD
Rezone or ocher
(A=tach map & legal d~scripUlon i~
SE~R AGENCY ~IFOR~ATION
aAH
1. ~. ~ Sewer service ~ be providnd by side sewer connection only
an existing size sewer f~e% from ~he
and %he sewer sys~m has [he capacity ~o serve thc proposed use.
b. Sewer s~rvic, will require an inpr6vc~cne %o the sewer system
~ (1) feet of sawer trunk or la%rural %o roach the site;
and/or
~ (2) %he cost,rue%lan of a ccllection eye%em on the site;
and/or
~ (3) o~her (describe) 5~%~ ~ ~ e~b~ IM
The sewer system improvement is in conformance with a Co~nty approved sewer
comprehensive plan.
The sewer system improvemcn~ will require a Gewer comprehensive
plan. amendment.
mom
,<
-<
The proposed project is within the corporate limits of the district,
or has been granted Boundary Review Board approval for extension
Of service outside the district or city.
Annexation or BRB approval will ba necesGary to provide service.
4. Service is subject to the following,
a. Connection charge: 7-~ ~ C.~%C C
b. Z;asement Is) , 45
I ~e~eby certify ~h~ ~k~ ~bove sewer ~e~cy i~form~ioa is' ~. T~s
cerViX;ca=lan shall be valid for one year from date of signature0
Lakehaven Utility ~istrict ~,d~'l/ ~. Y'OUAIF~ Agency Namz Signatory Name
® BB s
DEPARTMENT OF DEVELOPMENT AND
ENVIRONMENTAL SERVICES
900 Oakesdale Avenue Soutl~wcst
Renton, Wa 98055-1219
This certi£m, ate provides the Seattle King
County Department of Public Health and
the Department of Development and
Environmental Services with Information
necessary to evaluate development
proposals.
Please return to DDES at the address
at the left.
King County Certificate of Water Availability
Do not write in this box
number name
El Building Permit
E! Short Subdivision
~ Preliminary Plat or PUD
E1 Rezone or other
Applicant"s name:
(attach map and legal description if necessary)
Water will be provided by service connection only to an existing
is feet from the site.
.(size) water main that
Water service will require an improvement to the water system of:.
El (1) feet of water main to reach the site; and/or
(2) The construction of a distribution system on the site; and/or
(3) Other (describe)
The water system is in conformance with a County approved water comprehensive plan.
The water system improvement will require a water comprehensive plan amendment.
3. f"l a.
OR
The proposed project is within the corporate limits of the district, or has been granted Boundary
Review Board approval for extension of service outside the district or city, or is within the County
approved service area of a private water purveyor.
Annnexation or BRB approval will be necessary to provide service.
4. n a. Water is/or will be available at the rate of flow and duration indicated below at no less than 20 psi
OR
b.
13
measured at the nearest fire hydrant
the attached map):
Rate of flow
r-I less than 500 gpm (approx. gpm)
[3 500 to 999 gpm
~3 1000 gpm or more
El flow test of gpm
[3 calculation of gpm
(Note:
feet from the building/property (or as marked on
Duration
[] less than 1 hour
[] 1 hour to 2 hours
I~ 2 hours or more
E3 other
Commercial building permits require flow test or calculation.)
Water system is not capable of providing fire flow.
Comments/conditions: The requirements of Kin.q County Ordinance 5828, pertainin.q to fire c.ode
rectulations must be adhered to.
certify that the above water purveyor information is true. This certification shall be valid for one year
from date of signature.
Tacoma Water
Agency name
Utility Services Rep I
'i'iUe
(fem~¥ f~m m~aber F 278)
Cindy Beardsley
RESUBMITTED
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE COTTAGES AT HOYT ROAD PRELIMINARY
PLAT, FEDERAL WAY FILE NO. 98-104394-00SU.
WHEREAS, the applicant Rick Williams, through his agent Michael Davis, applied to the City
of Federal Way for preliminary plat approval to subdivide certain real property known as the Cottages at
Hoyt Road and consisting of approximately 16.4 acres into forty (40) single family residential lots located in
the 33300 Block of Hoyt Road SW, on the east side of the street; and
WHEREAS, on May 26, 2001, an Mitigated EnvironmentalDeterminationofNonsignificance
(MDNS) was issued by the Director of Federal Way's Department of Community Development Services
pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C; and
WHEREAS, no comments which raised issues which required a change in the MDNS were
submitted to the Department of Community Development Services; and
WHEREAS, no appeals of the MDNS were submitted to the Department of Community
Development Services; and
WHEREAS, the Federal Way Land Use Hearing Examiner on August 28,2001, held a public
hearing concerning the Cottages at Hoyt Road preliminary plat; and
WHEREAS, following the conclusion of said hearing, on August 28, 2001, the Federal Way
Land Use Hearing Examiner issued a written Report and Recommendationcontainingfindings, conclusions,
and recommending approval of the Cottages at Hoyt Road preliminary plat subject to conditions set forth
therein; and
WHEREAS, on October 1, 2001 the City Council Land Use and Transportation Committee
considered the record and the Hearing Examiner recommendation and voted to forward a recommendation
Resolution No. , Page #1
:for approval of the proposed Cottages at Hoyt Road preliminary plat to the full City Council, with no
changes to the Hearing Examiner recommendation; and
WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section
20-127 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions;
and
WHEREAS, on __ __, 2001, the City Council considered the written record and the
Report and Recommendation of the Hearing Examiner on the Cottages at Hoyt Road preliminary plat,
pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicableCity Codes;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Adoption of Findings of Fact and Conclusions.
1. The findings of fact and conclusions of the Land Use Hearing Examiner's
Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the
findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any
conclusion deemed to be a finding, shall be treated as such.
2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing
Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision
makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces,
drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, Sanitary
waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are
required by City Code and state law, and provides for sidewalks and other planning features to assure safe
walking conditions for students who walk to and from school.
3. The public use and interest will be served by the preliminary plat approval granted
Resolution No. , Page//2
herein.
Section 2. Application Approval. Based upon the recommendationofthe Federal Way Land
Use Hearing Examiner and findings and conclusions contained therein as adopted by the City Council
immediately above, the Cottages at Hoyt Road preliminary plat, Federal Way File No. 98-104394-00SU, is
hereby approved, subject to conditions as contained in the Recommendation of the Federal Way Land Use
Hearing Examiner dated September 6, 2001 (Exhibit A).
Section 3. Conditions °fApprovallntegral. The conditionsofapprovalofthe preliminaryplat
are all integral to each other with respect to the City Council finding that the public use and interest will be
served by the platting or subdivision of the subject property. Should any court having jurisdiction over the
subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat
approval granted in this resolution shall be deemed void and the preliminary plat shall be remanded to the
City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or
conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes
appropriate provisions for the public health, safety, and general Welfare and other factors as required by
RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such
recommendation to the City Council for further action.
Section 4. Severabilit3,. If any section, sentence, clause, or phrase of this resolutionshould be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or
phrase of this resolution.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date
Resolution No. _, Page #3
of the resolution is hereby ratified and affirmed.
Section 6. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
THIS
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
__ DAY OF ,2001.
CITY OF FEDERAL WAY
MAYOR MIKE PARK
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APpROvED AS TO FORM:
CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
Resolution No. , Page//4
CITY OF FEDERAL WAY
MEMORANDUM
September 25, 2001
TO:
VIA:
FROM:
SUBJECT:
MEETING DATE:
Dean McColgan, Chair
Land Use/Transportation Committee (LUTC)
David
M anager
1
Kathy McClung, Director of Community Deve opment Services
Margaret H. Clark, AICP, Senior Planner ~
2000 Comprehensive Plan Update - Planning Commission Recommendation on
Site-Specific Requests #1, 2, 3, 5, 7, and 8
October 1,2001
A. BACKGROUND
Federal Way adopted its Comprehensive Plan in November of 1995, and updated the plan in
December of 1998 and September 2000. As part of this present update (the 2001 Amendment
Process), there are eight site-specific requests for amendments to the existing comprehensive plan
designations. The attached staff report includes six of the eight site-specific requests (#1, 2, 3, 5, 7,
and 8). Requests #4 and 6 will be presented to the Land Use/Transportation Committee at a later
date in order to allow staff to prepare development agreements related to these requests. Locations
of all requests are shown on Exhibit.4. A description of the six requests can be found in Exhibit 1,
Pages 9-25 of the attached staff report.
Individual parcel requests for changes to the Comprehensive Plan Map are incorporated into the
comprehensive plan update. If any requests for comprehensive plan amendments were granted,
corresponding zoning changes would be made concurrently. This Update does not include any
proposed changes to the text of the Comprehensive Plan. Text changes will be done as part of the
2002 Update, which will be the Five-Year Update. The deadline for submitting requests for the
2002 Comprehensive Plan Update is September 30, 2001 .The deadline for King County cities to
complete the Five-Year Update of the Comprehensive Plan is September 2002.
B.. PROPOSAL
Following is a summary of the six-site specific requests contained in the staff report (numbers 4 and
6 are not listed as they will be presented at a later date):
1)
2)
3)
5)
7)
8)
File No. CPA99-0011 - Request from DMB Consulting Engineers on behalf of the owners of
the Goodwin Dental Clinic to change the comprehensive plan designation and zoning of 0.48
acres located north of South 288th Street and east of Pacific Highway South from Multifamily
and RM 1800 (one unit per 1,800 square feet) to Community Business and BC.
File No. 00-104891-00 UP - Request from John Nguyen to change the comprehensive plan
designation and zoning of 0.71 acres located south of South 308~ Street and west of 14th
Avenue South from Professional Office and PO to Multifamily and RM 1800 (one unit per
1,800 square feet).
File No. CPA99-0014 - Request from Jerry Jackson on behalf of himself and others for a
City of Federal Way Office Park comprehensive plan designation and OP zoning
associated with annexation of 30.19 acres located north of SW 320th Street and east of 1-5.
The property presently has a King County Comprehensive Plan Designation of
Commercial Outside of Center and Urban Residential (4-12 dwelling units per acre) and
zoning of Office and R-4 (Residential, four units per acre).
File No. 00-104875-00 UP - Request to change the comprehensive plan designation and
zoning of 5.17 acres located north of South 344th Street and west of Pacific Highway South
from Business Park and BP to Community Business and BC.
File No. 00-104441-00 UP - Request from John Smith to change the comprehensive plan
designation and zoning of 3.1 acres located east of 33rd Place South in East Campus from
Single Family High Density Residential and RS 9.6 (one unit per 9,600 square feet) to
Office Park and OP.
File No. 00-104224-00 UP - Request from Richard Hanson to change the comprehensive
plan designation and zoning of 15.46 acres located south of the proposed Silverwood
Subdivision, west of 9~h Avenue SW from Single Family Medium Density Residential and
RS 15.0 (one unit per 15,000 square feet) to Single Family High Density Residential and
RS 9.6 (one unit per 9.600 square feet).
C. RECOMMENDATION
The Planning Commission conducted public hearings on July 18, 2001 and September 19, 2001.
After conclusion of the public hearings, the Planning Commission, by a majority vote of the entire
membership, recommended that the City Council take the following action:
1. Approve the requested comprehensive plan designations for Site Specific Requests # 1
(Goodwin), #2 (John Nguyen), #7 (John Smith), and #8 (Hanson).
Approve the requested comprehensive plan designations for Site Specific Request #3 (Jackson)
on condition that all restoration work on the site as approved under King County Sensitive
Areas Permit #L00CG018, be completed, inspected, and approved by King County prior to City
Council action on the 2001 Comprehensive Plan amendments.
Page 2
3. Deny the comprehensive plan designations for Site Specific Request #5 (Chong Nam Yi).
Enclosed:
Exhibit A -Composite Map and Maps of Each Request
September 25, 2001 Staff Report to the LUTC with Exhibits 1-4
Draft Ordinance
APPROVAL OF COMMITTEE ACTION:
l~an McCoigan
2~eanne Burbidge ~)
I:\01COMPPLANXLUTCM00101 Cover Memo to LUTC.docJ 09/26/2001 12:26 PM
Page 3
RM
'1800
i Existing Designation:
Comprehensive Plan:
Multifamily
Zoning: RM1800
RM1800
91 09
s. 288TH ST.
0 60
m m I I
RM1800
Proposed Designation:
ComPrehensive Plan'
COrn munity BUSiness
Zoning: BC
'~00 1~0 200 ~**t&
--I ' "¢
N
of Federal Way
Comprehensive Plan
2001
SITE SPECIFIC REQUESTS
FOR COMPREHENSIVE PLAN
DESIGNATION CHANGES
Goodwin
Dental Clinic
Site Specific Request #1
Key:
Steep Slopes
Wetlands
#1
Map Printed-June 22, 2001
Rs7.2
$ 30~TH
. .¥:%.:~ ~.;.
Existing Designation:
Comprehensive Plan:
Professional Office
Zoning: PO
; -.- ~ :. . .
?: .:'.;.' ;': '.~ .
Proposed Designation:
Compi. ehen sire' plan::
MUltifamiiY
zoning: RM1800
S. 312TH
i¢ ~ · . , .... ,,,.~..~ :ff .......
S. 3!2TH ST. S. 312TH ST.
~ ~ '
100 'i~0 . , 200 ~eet A
N
of Federal Way
Comprehensive Plan
2001
SITE SPECIFIC REQUESTS
FOR COMPREHENSIVE PLAN
BESIGNATION CHANGES
John Nguyen
Site Specific Request #2
Key:
Steep Slopes
Wetlands
C
#2
Map Printed-June 22, 2001
RS? ;2
of Federal Way
Comprehensive Plan
2001
SITE SPECIFIC REQUESTS
FOR COMPREHENSIVE PLAN
BESIGNATION CHANGES
Jerw Jacks:on
Site Specific Request #3
OF
co
e O~y of Feder~q W/~y /~ ,tke.t ~o ~,~,,?'z~t~y ~s' h~ 2~ .~¢cuc~Cy.
ICfdice Park ~ I'
200 0 200 ~ 8~ ~0 Feet
")
Key:
Steep Slopes
Wetlands
1
Dete~,!~on
of Federal Way
Comprehensive Plan
2001
S/TE:SPECIEIC REQUESTS
FOR COMPREHEN'SIYE PLAN
D ES: I G NAT I0 N C H AN G E S
Chong Nam Yi
Site Specific Request #5
iEXisting: DesignatiO:n:
'::'Corn prehlen sire,Plan:
P ark
B:P
S;.241 ST
Pirop:osed: Designation:
Comprehensive ~ P lan=:
:~Om.:~uni~ Business
,Zoning: BC
BC
20_
150 ·200 Fee!
^
:Key:
~eep Slopes
Wetlands
#5
~ ProPOsedD~§ignati°n:
corn preheri:Siv~'Plan:
Office Park
Zoning: Op
of Federal Way
Comprehensive Plan
2001
SiTE :SPECIFIC REQUESTS
FOR COMPREHENSIVE PLAN
DESIGNATION CHANGES
JOhn Smith
Site Specific Request #7
W, eYerh~euser
World!
HCadqu¢~:ers
CP'I*:
IEXiSting Designation::
· C:O~ pre h eft ~iv
Single:FamilY High Den~i[y
Zoning: RS9.6
50 0 ~0 100 150 200 Feet
Key:
St e e p S lo p es
Wetlands
#7
IEx isti ng: iDesignatio'n:
Corn prehensive Plan:
Single'Family, Medium Density
Zoning: RS15.0
'. .~
' ~ ":..: ::
~ .' .; '?~
r~'['[~ ....
Pro posed D'esig nation::
Comprehensive Plan:
Single Family, High Densit:7
Zoning: RS9.6
~0 0
m m
Imm
1OO ~00 200 ? eet A
-
of Federal Way
Comprehensive Plan
2001
SITE:SPECIEIC REQUESTS
FOR COMPREHENSIVE PLAN
BESIGNATION CH ANGE'S
Richard Hanson,
Sit:e Specific Request #8
Key:
Steep Slopes
Wetlands
CITY OF FEDERAL WAY
STAFF REPORT
September 25, 2001
2000 Comprehensive Plan Update
Planning Commission Recommendation
Site-Specific Requests #1, 2, 3, 5, 7, and 8
I. INTRODUCTION
Federal Way adopted its Comprehensive Plan in November of 1995, and updated the plan in
December of 1998 and September 2000. As part of this present update (the 2001 Amendment
Process), there are eight site-specific requests for amendment to the existing comprehensive plan
designations. This staff report includes six of the eight site-specific requests (# 1, 2, 3, 5, 7, and 8).
Requests #4 and 6 will be presented to the Land Use/Transportation Committee at a later date in
order to allow staff to prepare development agreements related to these requests. Locations of all
requests are shown on Exhibit 1, Page 27 of 46 - Composite Map, and the analysis of the six
requests can be found in Exhibit 1, Pages 9-26.
Individual parcel requests for changes to the Comprehensive Plan Map are incorporated into the
comprehensive plan update. If any requests for comprehensive plan amendments were granted,
corresponding zoning changes would be made concurrently. This Update does not include any
proposed changes to the text of the Comprehensive Plan. Text changes will be done as part of the
2002 Update, which will be the Five-Year Update. The deadline for submitting requests for the
2002 Comprehensive Plan Update was September 30, 2001.The deadline for King County cities to
complete the Five-Year Update of the Comprehensive Plan is September 2002.
Attached are the following:
1. Exhibit 1 - July 8, 2001, Staff Report to Planning Commission.
2. Exhibit 2- July 18, 2001, Planning Commission Minutes
3. Exhibit 3 - September 19, 2001, Planning Commission Minutes
4. Exhibit 4 - Comment Letters Received
II.
SITE-SPECIFIC REQUESTS
Six of the eight requests are summarized as follows and more fully discussed in Exhibit 1. Please
refer to Exhibit 1, Page 27 of 46 for a Composite Map showing all eight site-specific requests.
Page 1
SITE SPECIFIC REQUEST #1 -- GOODWIN DENTAL CLINIC
File It:
Parcel:
Location:
Size:
Applicant:
Owner:
Request:
CPA99-0011
332204-9109
North of 288th Street and east of Pacific Highway (Exhibit 1, Page 28 of
46)
0.48 acres
DMB Consulting Engineers on behalf of the owners of the Goodwin
Dental Clinic
Thomas Goodwin & Carl Jacobsen (Goodwin Dental Clinic)
Request to change the comprehensive plan designation and zoning from
Multifamily and RM 1800 (one unit per 1,800 square feet) to
Community Business and BC zoning
Staff
Recommendation: Approve the request
Planning Commission
Recommendation: Approve the request.
SITE SPECIFIC REQUEST #2 -- JOHN NGUYEN
File Number:
Parcel:
Location:
Size:
Applicant:
Owner:
Request:
Staff
Recommendation:
00-104891-00 UP
082104-9138
South of South 3082 Street and west of 14th Avenue South (Exhibit 1,
Page 29 of 46)
0.71 acres/31,050 square feet
John Nguyen
Same
Request to change the comprehensive plan designation and zoning of the
Lake Apartments from Professional Office (PO) to Multifamily and RM
1800 (one unit per 1,800 square feet)
Approve the request
Planning Commission
Recommendation: Approve the request.
P~e2
SITE SPECIFIC REQUEST #3 - JACKSON ANNEXATION
File Number:
Parcels:
Location:
Size:
Applicant:
Agent:
Owners:
CPA99-0014
092104-9139; 092104-9316; 092104-9187; 092104-9140; 092104-9206;
0921049028; 092104-9310, 092104-9160 & 092104-9318
North of SW 3202 Street between I-5 and 32nd Avenue South (Exhibit 1,
Page 301 of 46)
3 0.19 acres
Jerry Jackson
Jerry Jackson
Please refer to following table
Parcel # Owner Acres
092104-9139 All-American Homes 9.15 acres
092104-9316 All-American Homes 0.36 acres
092104-9187 Larry Weigel 2.09 a~res
092104-9140 Donald J. Henderson 2.28 acres
092104-9206 Arthur Henderson 0.34 acres
092104-9028 William Pruett 5.26 acres
092104-9310 Winchester Investment Corporation 4.68 acres
092104-9160 Patty Murphy 1.96 acres
092104-9318 Youngyul Na 4.07 acres
Total 30.19 acres
Request:
Staff
Recommendation:
Request to change the comprehensive plan from King County
Commercial Outside of Center) and Urban Residential (4-12 dwelling
units per acre) and King County Zoning of Office and R-4 (Residential,
four units per acre) to Federal Way Comprehensive Plan and Zoning of
Office Park (OP)
Approve the request on condition that all restoration work on the site as
approved under King County Sensitive Areas Permit #L00CG018, be
completed, inspected, and approved by King County, prior to City
Council action on the 2001 Comprehensive Plan amendments.
Planning Commission
Recommendation: Concur with staff
SITE SPECIFIC REQUEST #4 -- KITTS CORNER
This request will be presented to the LUTC at a later date in order to allow staff to prepare a
development agreement.
Page 3
SITE SPECIFIC REQUEST #5 - CHONG NAM YI
File Number:
Parcel:
Location:
Size:
Applicant:
Agent:
Owners:
00-104875-00 UP
202104-9.121; 202014-9170; 202104-9171; 202104-9172; 202104-9167;
02104-9168; 202104-9125 & 202104-9169
North of South 344~' Street and west of Pacific Highway South (Exhibit
1, Page 36 of 46)
5.17 acres
Chong Nam Yi
Harry Horan
Please refer to the following table
Parcel # Owner Acres
202104-9121 Chong Nam Yi 1.43
202104-9170 James Mackmer 0.68
202104-9171 Abt Towing 0.34
202104-9172 Abt Towing 0.34
202104-9167 James Mackmer 0.76
202104-9168 Safe-T-Grate Inc. 0.38
202104-9125 Richard L. Degrout 0.38
202104-9169 H.L. Frease 0.86
Total 5.17
Request: Request to change the comprehensive plan designation and zoning from
Business Park (BP) to Community Business (BC)
Staff
Recommendation: Do not approve the request
Planning Commission
Recommendation: Concur with staff
SITE SPECIFIC REQUEST #6 - CHRISTIAN FAITH CENTER
This request will be presented to the LUTC at a later date in order to allow staff to gather
additional information.
SITE SPECIFIC REQUEST #7 - JOHN SMITH
File Number:
Parcel:
Location:
Size:
Applicant:
Agent:
Owner:
Request:
Staff
Recommendation:
00-104441-00 UP
726120-0060
East of 33rd Place South in East Campus (Exhibit 1, Page 40 of 46)
3.1 acres
John Smith
Harry Horan
Rachel Smith
Request to change the comprehensive plan designation and zoning from
Single Family High Density Residential and RS 9.6 to Office Park (OP)
Approve the request
Planning Commission
Recommendation: Approve the request.
Page 4
SITE SPECIFIC REQUEST #g - RICHARD HANSON
File Number:
Parcel:
Location:
Size:
Applicant:
Agent:
Owner:
Request:
Staff
Recommendation:
00-104224-00 UP
302104-9033
South of proposed Silverwood Subdivision, west of 9th Avenue SW
(Exhibit 1, Page 44 of 46)
15.46 acres
Richard Hanson
De-En Lang, Subdivision Management
Richard Hanson
Request to change the comprehensive plan designation and zoning from
Single Family Medium Density Residential/RS 15.0 to Single Family
High Density Residential/RS 9.6
Approve the request
Planning Commission
Recommendation: Approve the request.
III. REASON FOR COUNCIL ACTION
Pursuant to Federal Way City Code (FWCC), Article IX, "Process VI Review," any amendments to
the comprehensive plan, comprehensive plan designations map, or zoning text must be approved by
the City Council based on a recommendation from the Planning Commission.
IV. PLANNING COMMISSION RECOMMENDATION
The Planning Commission conducted public hearings on July 18, 2001, and September 19, 2001.
Please refer to Exhibits 2 and 3 for minutes. After conclusion of the public hearings, the Planning
Commission by a majority vote of the entire membership, recommended that the City Council take
the following action:
1) Approve the requested comprehensive plan designations for Site Specific Requests #1
(Goodwin), #2 (John Nguyen), #7 (John Smith), and #8 (Hanson).
2)
Approve the requested comprehensive plan designation for Site Specific Request #3 (Jackson)
on condition that all restoration work on the site as approved under King County Sensitive
Areas Permit #L00CG018, be completed, inspected, and approved by King County prior to
City Council action on the 2001 Comprehensive Plan amendments.
3) Deny the comprehensive plan designations for the Site Specific Request #5 (Chong Nam Yi).
Page 5
V. PROCEDURAL SUMMARY
July 4, 2001
Threshold Determination issued pursuant to the State Environmental
Policy Act (SEPA)
July 18, 2001
Planning Commission Public Hearing
Augustl5,2001
Continuation of Planning Commission Public Hearing (there was no
quorum)
September l9,2001
Public Hearing Continued - The Planning Commission made a motion
to forward their recommendations to the Land Use/Transportation
Committee
October 1, 2001
Land Use/Transportation Committee Meeting
VI. DECISIONAL CRITERIA
1. FWCC Section 22-529. Factors to Be Considered in a Comprehensive Plan Amendment
The city may consider, but is not limited to, the following factors when considering a proposed
amendment to the comprehensive plan:
(1) The effect upon the physical environment.
The proposed comprehensive plan amendments are non-project actions and in themselves
will not affect the physical environment. If approved, they will result in changes to the
comprehensive plan map and zoning map, An evaluation of potential impacts to the
environment as a result of the non-project action was conducted and a threshold
determination (Determination ofNonsignificance [DNS]), pursuant to the State
Environmental Policy Act (SEPA) was issued on July 4, 2001.
No development is proposed in conjunction with this non-project action. If the requests
for changes to comprehensive plan designations and zoning are approved, and permits for
development are submitted, the individual projects will be subject to environmental
review as required by the SEPA Rules, and will be evaluated in accordance with all plans,
policies, rules, and regulations adopted as a basis for the exercise of substantive authority
under SEPA to approve, condition, or deny proposed actions. In addition, when future
projects are submitted, any erosion-related impacts created during clearing and
construction activities will be mitigated in compliance with the King County Surface
Water Manual (KCSWbO, which the city has adopted. This requires that any erosion-
related impacts created during clearing and construction activities be addressed according
to a city approved grading and erosion control plan, which is a standard part of
engineering review and approval.
Page 6
If future development is proposed in the vicinity of any streams, lakes or wetlands,
compliance with FWCC Chapter 22, Article XIV, "Environmentally Sensitive Areas,"
will be required, and such compliance will result in mitigation of any potential adverse
impacts. Of the requests being addressed in this staff report, Requests #3, 5, 7, and 8 for
comprehensive plan changes have on-site wetlands.
(2) The effect on open space, streams, and lakes.
The proposed amendments are non-project in nature. Site-Specific Requests #1 and 2 are
for developed sites with nonconforming uses. The requests are intended to make the
existing uses conform to their zoning. Site Specific Request #5 is comprised of eight
different parcels under five different owners. The majority of the parcels are already
developed with light industrial uses. There are two abandoned houses on Site #7.
Requests #3, 5, 7, and 8 all have on-site wetlands and there is an on-site stream on Site
#5. Except for Requests #5 and 7, the sites are presently undeveloped. An evaluation of
potential impacts to the environment as a result of changes in the comprehensive plan
designation and zoning of the site-specific requests was cond.ucted and a threshold
determination (DNS), pursuant to SEPA, was issued on July 4, 2001. If future
development is proposed in the vicinity of any streams, lakes or wetlands, compliance
with FWCC Chapter 22, Article XIV, "Environmentally Sensitive Areas" will be required
and such compliance will result in mitigation of any potential adverse impacts.
(3) The compatibility with and intpact on adjacent land uses and surrounding
neighborhoods.
The proposed map changes will not impact adjacent land uses and surrounding
neighborhoods. Two of the site-specific requests (# 1 and 2), if approved, will not result
in any change in land use since the sites are already developed with a dental office and
apartments respectively. Site # 3 presently has four single-family houses and a triplex on
the site. It is assumed that ifa comprehensive plan designation of Office Park is gra. nted,
the entire site may redevelop with office uses. If this occurs, the uses on this site should
be compatible with uses to the south and southeast, which are zoned for office use. There
are some existing large lot single-family development to the north and northeast.
Compliance with City code, including Design Guidelines should promote compatibility
between office uses and residential uses.
(4) The adequacy of and impact on community facilities including utilities, roads, public
transportation, parks, recreation, and schools.
This is a non-project action, which does not include actual development applications. If
the site-specific requests are granted, specific impacts associated with development will
be evaluated at the time that a development permit is applied for, and any potential
adverse impacts will be mitigated at that time.
(5) The benefit to the neighborhood, city, and region.
This staff report covers six of the eight site-specific requests being considered as part of
this annual update. Two of the site-specific requests (Requests #1 and 2) are already
Page 7
developed with a dental clinic and apartments respectively. Granting the requested
comprehensive plan designations will result in these uses becoming legally conforming
and will allow continued use of a viable business in the case of Request #1 and
continuation of uses that are compatible with neighboring uses in the case of Request #2.
If Request #3 is granted an Office Park designation upon annexation, this will be
beneficial to the neighborhood, city, and region by providing continuation of office uses
in an area that has demand for such use. If and when the site is developed as office, the
city has adequate regulations in place to promote compatibility of office uses with
neighboring residential uses.
Changing the designation of Request #5 from Business Park to Community Business
would not be a benefit to the neighborhood or city, as it would result in existing industrial
type uses becoming nonconforming. Request #7 is located in East Campus, an area that is
undergoing rapid office development. In addition, based on its location, it is not desirable
for residential development. If Request #8 was granted, a RS 9.6 zoning (Single Family,
one unit per 9,600 square feet), and a cluster subdivision concept was utilized, this would
result in development that was compatible with development both to the north
(Silverwood, a 50-lot single-family residential plat) and iarge, r lot single-family
residential development to the south.
(6) The quantity and location of land planned for the proposed land use type and density
and the demand for such land.
This update does not represent a substantial departure in land use within the existing city
boundary. Sites #1 and 2 are already developed and the requests for changes in
designation would make the uses conforming to the zone. The proposed designation for
Site #3, which is presently within the city's Potential Annexation Area, is Office Park.
The July 2000 Market Study projected a need for additional office space in the 2000 to
2020 period. Site #5 is mostly developed with industrial type uses. The proposed
designation for Site #7 is Office Park, which is consistent with the adjacent uses. Site #8
is located to the south ofa Silverwood, a 50-lot preliminary plat. Although uses to t.he
south and east are large lot single-family development, the proposed designation would be
consistent with the designation to the north, and if the site were developed using cluster
subdivision provisions, the sizes of the lots adjacent to the RS 15.0 zone would be
compatible with the adjacent zoning.
(7) The current and projected population density in the area.
As of April 1, 2001, the official city population from the Washington State of Office of
Financial Management was 83,890. The present density is six people per acre, or 3,902
people per square mile. No new population projects were done as part of the
comprehensive plan update. Please also refer to response under (6), above.
(8) The effect upon other aspects of the comprehensive plan.
There should not be any adverse impacts on the comprehensive plan as a result of the
proposed changes.
Page 8
2. Section 22-530. Criteria For Amending The Comprehensive Plan
The city may amend the comprehensive plan only if it finds that:
(1) The proposed amendment bears a substantial relationship to public health, safety, or
welfare; and
Site-Specific Requests #1, 2, 3, 7, and 8, if approved, should not adversely affect public
health, safety, or welfare. Approval of Requests #1 and 2 would result in long-standing
uses attaining a conforming status, while not affecting their surroundings, Requests #3
and 7 would provide office space in an area that is experiencing a demand for office
development, and approval of Request #8 would result in provision of additional
residential uses. On the other hand, approval of Request #5 would result in existing
conforming uses becoming nonconforming.
(2) The proposed amendment is in the best interest of the residents of the city.
Please see response under (1), above.
(3) The proposed amendment is consistent with the requirements of RCW 36. 70A and with
the portion of the city's adopted plan not affected by the amendment.
RCW Chapter 36.70A, the Growth Management Act (GMA), requires the City of Federal
Way to adopt and implement a comprehensive plan and to amend it in a timely manner,
but no more than once a year, except under certain circumstances. The city is responding
to this mandate by updating the comprehensive plan.
3. Compliance With FWCC Section 22-488(C)
(1) The city may approve the application only if it finds that:
a. The proposed request is in the best interests of the residents of the city;
Site Specific Requests #1 and #2 - Changing the designation of these sites from
Multiple Family and Professional Office to Community Business and Multiple
Family will not directly benefit the residents of the city; however, the changes will
result in an existing viable uses becoming conforming to the zone. In addition, the
changes in comprehensive plan and zoning will not adversely affect adjacent uses.
Site Specific Request #3 - This request is for a comprehensive plan designation of
Office Park upon annexation to the city. Annexation of the property to the city is in
the best interests of city residents because this property is located in the city's
Potential Annexation Area (PAA) and abuts city limits on the east, west, and south.
It is the intent of the GMA that all property within a city's PAA be eventually
annexed to the city. City code requires annexed property to be given an appropriate
comprehensive plan designation and zoning upon annexation. Given the character of
this area, Office Park appears to be the most appropriate designation.
Page 9
And
Site Specific Request #5 - Changing the designation of these sites from Business
Park to Community Business will not benefit the residents of the city because there
is presently no need for additional commercially zoned land.
Site Specific Request #7 - A change from Single-Family Residential to Office Park
for this site is appropriate for this area due to the existing office character of adjacent
property.
Site Specific Request #8 - When the comprehensive plan was first adopted, this area
was granted RS 15.0 zoning due to the presence of environmentally sensitive areas
and the lack of sewer. In recent years, sewer has been extended southwards as
development has occurred to the areas north of the site. Changing the comprehensive
plan designation and zoning from Single-Family Medium Density Residential and
RS 15.0 to Single-Family High Density Residential and RS 9.6 will be in the best
interests of the residents of the city by providing for housing in urbanized areas.
b. The proposed request is appropriate because either:
Conditions in the immediate vicinity of the subject property have so
significantly changed since the property was given its present zoning and
that, under those changed conditions, a change in designation is within the
public interest;
Site Specific Request #3 - This property is presently located outside of the city
within unincorporated King County. This site has an existing comprehensive
plan designation of King County Commercial Outside of Center and Urban
Residential (4-12 dwelling units per acre) and King County Zoning of Office
and R-4 (Residential, four units per acre). In recent years, the area within the
city limits, south of South 320~ and east of I-5, has experienced significa.nt
office development. In addition, the area to the east of this site is already zoned
Office Park. As a result of these changes, a change in designation upon
annexation of this property from the existing King County zoning to Federal
Way Office Park would provide consistency within this area.
Site Specific Request #5 - This request for a change in comprehensive plan
designation and zoning from Business Park to Community Business does not
meet either part of these criteria.
Site Specific Request #7 - This site is located within the East Campus area,
which was annexed in 1994. Since that time, with the exceptions of pre-existing
residential areas along North Lake, this area has experienced significant office
development. A change from Single-Family Residential to Office Park for this
site is appropriate for this area due to the existing office character of adjacent
property.
Site Specific Request g8 - When the comprehensive plan was first adopted, this
area was granted RS 15.0 zoning. At that time, this area was characterized by
Page 10
large lot rural development. In recent years, sewer has been extended
southwards and development has occurred to the areas north of the site. The
character of the area is changing due to the construction of single-family
residential dwellings on smaller lots.
or
iL The change in designation will correct a designation that was inappropriate
when established.
Site Specific Request #1 - At the time that the city incorporated, this site had
split zoning under King County. The western half was designated BC
(Community Business) and the eastern half was designated RM 900 (Multiple
Dwelling). A medical/dental clinic was an authorized use in either zone and the
clinic was constructed in 1980. Upon incorporation, the site was zoned RM
1800 (Multifamily - one unit per 1800 square feet) by Federal Way. A medical/
dental clinic is a nonconforming use in the RM 1800 zone. Changing the
designation from Multiple Family to Community Business will change the use
from a legally nonconforming use to a use that is allowed within the zoning
district.
Site Specific Request #2 - The Lake Apartments, a 15-unit complex, was
constructed in 1958. At the time of city incorporation in 1990, it was zoned RM
900 (Multiple Dwelling) by King County. Federal Way. adopted a zoning of
Professional Office for this apartment complex and the two parcels to the north.
Changing the designation from Professional Office to Multiple Family will
result in this site becoming conforming to the zone. The Lake Easter Estates
Condominiums to the west and the Liberty Lake Condominiums to the south
already have multi-family zoning.
c. It is consistent with the comprehensive plan;
This criterion is not applicable since the requests are for changes in comprehensive
plan designations.
d. It is consistent with all applicable provisions of the chapter, including those
adopted by reference from the comprehensive plan;
Site Specific Requests #1 and #2 - If approved, the requests would not result in any
changes to the physical layout of the sites, and therefore, would not affect any
provisions of this chapter (zoning code). In addition Request # 1 would be consistent
with language on page II-16 of the Federal Way Comprehensive Plan, which states
that, "The Community Business Designation runs along both sides of SR-99 from
South 272na to South 348~.'' This site falls within that area.
Request #2 would be consistent with Policy LUP23 of the Comprehensive Plan,
which reads, "Support multiple family development with transportation and capital
facilities improvements." The Lakes Apartments are located one block to the west of
Pacific Highway and approximately half a block north of South 312th Street.
Page 11
Transportation is readily accessible as both Pacific Highway and South 3122 Street
are bus routes.
Site Specific Requests #3 - The overall vision of the comprehensive plan is to
provide an appropriate balance of services, employment, and housing. A Market
Study prepared for the City in 2000 identifies that the finance, insurance, real estate,
and services (FIRES) sector has the greatest demand for future built space.
Designating this property as Office Park upon annexation would provide additional
office space in an area presently experiencing demand for office space.
Site Specific Requests #5 - Changing the designation of these parcels from Business
Park to Community Business would result in existing uses that are permissible under
Business Park zoning becoming legal nonconforming uses This is not the intent of
the zoning code and the comprehensive plan. In addition, the overall vision of the
Comprehensive Plan is to restrict commercial development to the downtown (City
Center Core and Frame), to Pacific Highway South, generally between South 272na
Street and South 348~ Street, and to the areas found around South 348th Street,
approximately between SR-99 and I-5.
Site Specific Requests #7- The overall vision of the comprehensive plan is to
provide an appropriate balance of services, employment, and housing. A Market
Study prepared for the City in 2000 identifies that the finance, insurance, real estate,
and services (FIRES) sector has the greatest demand for future built space. Changing
the designation from Residential to Office Park would provide additional office
space in an area presently experiencing demand for office space.
Site Specific Requests gg - The Comprehensive Plan (page II-13) states that the
Single-Family Medium Density designation creates urban lots with a density range
of one to three dwelling units per acre to avoid developing on or near
environmentally sensitive areas. However, Federal Way Policy LUP9 states,
"Designate and zone land for Federal Way's share of regionally-adopted demand
forecasts for residential, commercial and industrial uses for the next 20 years." RS
9.6 zoning would allow for 4.5 units per acre, as opposed to the presently allowable
density of 2.9 units per acre. The Market Study prepared for the City in 2000
identifies a shortage of land zoned outright for residential development in terms of
meeting regional forecasts, based on historical development.
And
e. It is consistent with the public health, safety, and welfare.
As discussed above, granting the Requests # 1, 2, 3, 7, and 8 are consistent with the
policies in the comprehensive plan; therefore, they is also consistent with the public
health, safety, and welfare. Granting Request #5 would result in exiting legal uses
attaining a nonconforming legal status.
Page 12
The City may approve an application for a quasi-judicial project related rezone only if
it finds that:
a. The criteria in subsection (1) above are met; and
b. The proposed project complies with this chapter in all respects; and
c. The site platt of the proposed project is designed to minimize all adverse impacts
on the developed properties itt the intmediate vicinity of the subject property; and
d. The site plan is designed to minimize impacts upon the public services and
utilities.
The requests under consideration are for changes in the comprehensive plan designation
and zoning. They are not project-related rezones, and therefore, the criteria under this
section do not apply.
VII. COUNCIL ACTION
Pursuant to FWCC Section 22-541, after consideration of the Planning Commission report, and at
its discretion holding its own public hearing, the City Council shall by majority vote of its total
membership choose one of the following options:
1. Approve the proposal by ordinance;
2, Modify and approve the proposal by ordinance;
3. Disapprove the proposal by resolution; or
Refer the proposal back to the Planning Commission for further proceedings. If this occurs, the
City Council shall specify the time within which the Planning Commission shall report to the
City Council on the proposal.
I:\01COM PPLAN\LUTC\ 100101 Staff Report to thc LUTC.doc/09/26/2001 12:21 PM
Page 13
CITY OF FEDERAL WAY
MEMORANDUM
July 8,2001
To:
FROM:
SUBJECT:
John Caulfield, Chair of the City of Federal Way Planning Commission
Kathy McClung, Director of Community Development Services ~4~C'''
Margaret H. Clark, AICP, Senior Planner fgJA/'-'
2001Comprehensive Plan Update
BACKGROUND
Federal Way adopted its Comprehensive Plan in November of 1995 and updated it in December 1998
and in September 2000.
The Growth Management Act (GMA) limits plan updates to no more than ouce per year except
under the following circumstances:
(i) In the case of an emergency;
(ii) The initial adoption of a subarea plan;
(iii) The adoption or amendment of a shoreline master program.
As part of this present update (the 2001Amendment Process), there are eight (8) site-specific
requests for amendment to the existing comprehensive plan designations. This staff report includes
six of the eight site-specific requests (/tl,2,3,5,7 and 8). Requests//4 and 6 will be presented to the
Planning Commission at a later date in order to allow staff to do additional research related to these
requests. Locations of all requests are shown on ExhibitA, Page 18 of 37 -- Composite Mat~ and the
analysis of the six requests can be found in Exhibit A.
Individual parcel requests for changes to the Comprehensive Plan Map are incorporated into the
comprehensive plan update. If any requests for comprehensive plan amendments were granted,
corresponding zoning changes would be made concurrently. This Update does not include any proposed
changes to the text of the Comprehensive Plan. Text changes will be done as part of the 2002 Update,
which will be the Five-Year Update. The deadline for submitting requests for the 2002 Comprehensive
Plan Update is September 20, 2001.The deadline for King County cities to complete the Five-Year
Update of the Comprehensive Plan is September 2004.
II
REASON FOR PLANNING COMMISSION ACTION
FWCC Chapter 22, Zoui~g, Article IX, Process VI Review, establishes a process and criteria for
comprehensive plan ameudmcnts. Consistent with Process VI review, the role of tile Planning
Commission is as follows:
· To review and evaluate the requests for comprehensive plan amendments;
· To determine whether the proposed comprehensive plan amendments meets the criteria
provided by FWCC Sections 22-529 and 22-530; and,
· To forward a recommendation to City Council regarding adoption of the proposed
comprehensive plan amendments
II1
PROCEDURAL SUMMARY
July 4, 2001
Adoption of Existing Environmental Documents and Issuance of
Determination of Nonsignificance pursuant to State Environmental Policy
Act (SEPA)
July 18, 2001 End of SEPA Comment Period
July 18, 2001 Public Hearing before tile Planuing Commission
IV
SITE-SPECIFIC REQUESTS
Six of the eight requests are summarized as follows and more fully discussed iu Exhibit A. Please
refer to Exhibit .4, Page 18 of 37 for a Composite Map showing all eight site-specific requests.
SITE SPECIFIC REQUEST #1 -- GOODWIN DENTAL CLINIC
File No.:
Parcel:
Location:
Size:
Applicant:
OWIICF;
Request:
Reco ninlelldation:
CPA99-0011
332204-9109
North of288~h Street and east of Pacific Highway (Exhibi! .4, Page 19 of
0.48 acres
DMB Consulting Engineers on behalf of the owners of the Goodwin
Dental Clinic
Thomas Goodwin & Carl Jacobsen (Goodwin Dental Clinic)
Request to change the compreheusive plan designation and zoning from
Multifamily aud RM 1800 (one uuit per 1,800 square feet) to
Community Business and BC zoniug
Approve the request
Page 2 of 8
SITE SPECIFIC REQUEST
File Number:
Parcel:
Location:
Size:
Applicant:
Owner:
Request:
Recommendation:
PAG
#2 - JOHN NGUYEN
00-104891-00 UP
082104-9138
South of South 308'h Street and west of 14~ Avenue South (Exhibit A,
Page 20 of 3 7)
0.71 acres/31,050 square feet
John Nguyen
Same
Request to change the comprehensive plan designation and zoning of the
Lake Apartments from Professional Office (PO) to Multifamily and RM
1800 (one unit per 1,800 square feet)
Approve the request
SITE SPECIFIC REQUEST #3 -- JACKSON ANNEXATION
File Number:
Parcels:
Location:
Size:
Applicant:
Agent:
Owners:
CPA99-0014
092104-9139; 092104-9316; 092104-9187; 092104-9140; 092104-9206;
0921049028; 092104-9310, 092104-9160 & 092104-9318
North of SW 320th Street between I-5 and 32nd Avenue South (Exhibit A,
Page 21 of 37)
3 0.19 acres
Jerry Jackson
Jerry Jackson
Please refer to following table
Parcel No. Owner Acres
092104-9139 All-American Homes 9.15 acres
092104-9316 All-American Homes 0.36 acres
092104-9187 Larry Weigel 2.09 acres
092104-9140 Donald J. Henderson 2.28 acres
092104-9206 Arthur Henderson 0.34 acres
092104-9028 William Pruett 5.26 acres
092104-9310 Winchester Investment Corporation 4.68 acres
092104-9160 Patty Murphy 1.96 acres
092104-9318 Youngyul Na 4.07 acres
Total 30.19 acres
Request:
Recommendation:
Request to change the comprehensive plan from King County
Commercial Outside of Center) and Urban Residential (4-12 dwelling
units per acre) and King County Zoning of Office and R-4 (Residential,
four units per acre) to Federal Way Comprehensive Plan and Zoning of
Office Park (OP)
Approve the request on condition that all restoration work on the site as
approved under King County Sensitive Areas Permit #L00CG018, be
completed, inspected, and approved by King County, prior to City
Council action on the 2001 Comprehensive Plan amendments.
Page 3 of 8
SITE SPECIFIC REQUEST #4 -- KITTS CORNER
This request ;viii be presented to the Planning Commission at a later date in order to allow staff
to gather additional information.
SITE SPECIFIC REQUEST #$ -- CltONG NAM YI
File Number:
Parcel:
Location:
Size:
Applicant:
Agent:
O~vHcrs:
00-104875-00 UP
202104-9121; 202014-9170; 202104-9171; 202104-9172; 202104-9167;
02104-9168; 202104-9125 & 202104-9169
North of South 344th Street and west of Pacific Highway South (Exhibit
A, Page 27 of 37)
5.17 acres
Chong Nam Yi
Harry Horan
Please refer to the following table
Parcel # Owner Acres
202104-9121 Chong Nam Yi 1.43
202104-9170 James Mackmer 0.68
202104-9171 Abt Towing 0.34
202104-9172 Abt Towing 0.34
202104-9167 James Mackmer 0.76
202104-9168 Safe-T-Grate Inc. 0.38
202104-9125 Richard L. Degrout 0.38
202104-9169 It.L. Frease 0.86
Total 5.17
Request:
Recommendation:
Request to change the comprehensive plan designation and zoning, from
Business Park (BP) to Community Business (BC)
Do not approve tl~e request
SITE SPECIFIC REQUEST/16 -- CHRISTIAN FAITH CENTER
This request will be presented to the Planning Commission at a later date in order to allow staff
to gather additional information.
SITE SPECIFIC REQUEST/17 -- JOHN SMITIt
File Number:
Parcel:
Location:
Size:
Applicant:
Agent:
00-104441-00 UP
726120-0060
East of 33a Place South in East Campus (ExhibitA, Page 31 of 37)
3.1 acres
John Smith
Harry Horan
Page 4 of 8
Owner:
Request:
Recommendation:
Rachel Smith
Request to change the comprehensive plan designation and zoning from
Single Family ttigh Density Residential and RS 9.6 to Office Park (OP)
Approve the request.
SITE SPECIFIC REQUEST//8 - RICHARD HANSON
File Number:
Parcel:
Location:
Size:
Applicant:
Agent:
Owner:
Request:
Recommendation:
00-104224-00 UP
302104-9033
South of proposed Silverwood Subdivision, west of 9th Avenue SW
(Exhibit A, Page 35 of 3 7)
15.46 acres
Richard Hanson
De-En Lang, Subdivision Management
Richard Hanson
Request to change the comprehensive plan designation and zoning from
Single Family Medium Density Residential/RS 15.0 to Single Family
High Density Residential/RS 9.6
Approve the request.
V COMPLIANCE WITIt FEDERAL WAY CITY CODE (FWCC), SECTIONS 22-529 AND 22-530.
1. Section 22-529. Factors to Be Considered in a Comprehensive Plan Amendment
The city may consider, but is not limited to, the following factors when considering a proposed
amendment to the comprehensive plan:
(I) The effect upon the physical environment.
The proposed comprehensive plan amendments are non-project actions, and in themselves
will not affect the physical environment. If approved, they will result in changes to the
comprehensive plan map and zoning map. An evaluation of potential impacts to the
environment as a result of the non-project action was conducted and a threshold
determination (Determination ofNonsignificance [DNS]), pursuant to the State
Environmental Policy Act (SEPA) was issued on July 4, 2001.
No development is proposed in conjunction with this non-project action. If the requests
for changes to comprehensive plan designations and zoning are approved, and permits for
development are submitted, the individual projects will be subject to environmental
review as required by the SEPA Rules, and will be evaluated in accordance with all plans,
policies, rules, and regulations adopted as a basis for the exercise of substantive authority
under SEPA to approve, condition or deny proposed actions. In addition, when future
projects are submitted, any erosion-related impacts created during clearing and
construction activities will be mitigated in compliance with the King County Surface
Water Manual (KCSWbO, which the city has adopted. This requires that any erosion-
related impacts created during clearing and construction activities be addressed according
to a city approved grading and erosion control plan, which is a standard part of
Page 5 of 8
engineering review and approval.
If future development is proposed in the vicinity of any streams, lakes or wetlands,
compliance with Federal Way City Code (FWCC), Chapter 22, Article
Environmentally Sensitive Areas will be required and such compliance will result in
mitigation of any potential adverse impacts. Of the requests being addressed in this staff
report, Requests No. 3, 5, 7, and 8) for comprehensive plan changes (ExhibitA) have on-site
wetlands.
(2) The effect on open space, streams, attd lakes.
The proposed amendments are non-project in nature. Site-specific requestsNo's 1 and 2 are
for developed sites with non-conforming uses. The requests are intended to make the
existing uses conform to their zoning. Site Specific Request No. 5 is comprised of eight
different parcels under five different owners. The majority of the parcels are already
developed with light industrial uses. There are two abandoned houses on Site No. 7.
Requests No. 3, 5, 7, and 8 all have on-site wetlands and there is an on-site stream on Site
No. 5. Except for Requests No. 5 and 7, the sites are presently undeveloped. An evaluation
of potential impacts to the environment as a result of changes in the comprehensive plau
designation and zoning of the site-specific requests was conducted and a threshold
determination (DNS), pursuant to SEPA, was issued on July 4, 2001. If future development
is proposed in the vicinity of any streams, lakes or wetlands, compliance with Federal
City Code (FWCC), Chapter 22, Article &IV, Envirotm~entaIly Sensitive Areas will be
required and such compliance will result in mitigation of any potential adverse impacts.
The compatibility with attd intpact on adjacent land uses attd surrounding
neighborhoods.
The proposed map changes will not impact adjacent land uses and surrounding
neighborhoods. Two of the site-specific requests (No's 1 and 2), if approved, will not
result in any change in land use since the sites are already developed with a dental office
and apartments respectively. Site No. 3 presently has four single-family houses and a
triplex on the site. It is assumed that if a comprehensive plan designation of Office Park is
granted, the entire site may redevelop with office uses. If this occurs, the uses on this site
should be compatible with uses to the south and southeast, which are zoned for office use.
There are some existing large lot single-family development to the north and northeast.
Compliance with City code, including Design Guidelines should promote compatibility
between office uses and residential uses.
The adequacy of and intpact on cotnmunity facilities including utilities, roads, public
transportation, parks, recreation, attd schools.
This is a non-project action, which does not iuclude actual development applications. If
the project-specific requests are granted, specific impacts associated with development
will be evaluated at the time that a development permit is applied for, and any potential
adverse impacts will be mitigated at that time.
Page 6 of 8
(5) The benefit to the neighborhood, city, attd region.
PAGE
OF
The Growth Management Act (GMA) requires cities to accept applications for changes to
the comprehensive plan on an annual basis. This allows property owners to request
changes to the plan. FWCC Chapter 22, Zoning, Article IX, Process VI Review,
establishes a process and criteria for comprehensive plan amendments. For site-specific
requests, this process includes notification of all owners within 300 feet ora site
requesting a change. This allows interested parties to provide input during the public
hearing by the Planning Com~nission and during the public meetings held by the City's
Land Use/Transportation Committee and the City Council. Public input by neighbors
normally result in recommendations that benefit the neighborhood and city.
(6) The quantity and location of land planned for the proposed land use type attd densiO,
attd the demand for such land.
This update does not represent a substantial departure in land use within the existing city
boundary. Sites No.1 and 2are already developed and the requests for changes in
designation would make the uses conforming to the zone. The proposed designation for
Site No. 3, which is presently within the City's Potential Annexation Area, is Office Park.
The July 2000 market Study projected a need for additional office space in the 2000 to
2020 period. Site No. 5 is mostly developed with industrial type uses. The proposed
designation for Site No. 7 is Office Park, which is consistent with the adjacent uses. Site
No. 8 is located to the south ora Silverwood, a 50-lot preliminary plat. Although uses to
the south and east are large lot single-family development, the proposed designation
would be consistent with the designation to the north and if the site were developed using
cluster subdivision provisions, the sizes of the lots adjacent to the RS 15.0 zone xvould be
compatible with the adjacent zoning.
(7) The current attd projected population density ht the area.
As of April 1, 2001, the official city population from the Washington State of Office of
Financial Management was 83,890. The present density is six people per acre, or 3,902
people per square mile. No new population projects were done as part of the
comprehensive plan update. Please also refer to response under (6), above.
(8) The effect upon other aspects of the comprehensive plan.
There should not be any adverse impacts on the comprehensive plan as a result of the
proposed changes.
2. Section 22-530. Criteria For Amending The Comprehensive Plan
The city may amend the comprehensive plan only if it finds that:
(1) The proposed atnendntent bears a substantial relationship to public health, safety, or
welfare; and
Site-specific Requests No. 1, 2, 3, 7 and 8, if approved, should not adversely affect public
health, safety, or welfare. Approval of Requests No.'s I and 2 would result in long-
Page 7 of 8
VI
standing uses attainiug a conforming status, while not affecting their surroundings,
Requests No.'s 3 and 7 would provide office space in an area that is experiencing a
demand for office development, and approval of Request No. 8 would result in provision
of additional residential uses. On the other hand, approval of Request No. 5 would result
in existing conforming rises becoming nonconforming.
(2) The proposed atnendment is itt the best interest of the residents of the ciO,.
Please sec response under (1), above.
(3) The proposed atnendmettt ix consistent with the requirentents of RCW 36. 70A attd with
the portion of the city's adopted plan not affected bl, the atttettdmeltt.
RCW Chapter 36.70A, the Growth Ma~mgement Act, requires the City of Federal Way to
adopt and implement a comprehensive plan and to amend it in a timely manner, but no
more than once a year, except under certain circumstances. The city is responding to this
mandate by npdating the comprehensive plan.
PLANNING COMMISSION ACTION
Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the
folloxving actions regarding the proposed comprehensive plan amendments:
Recommend to City Couucil adoption of the proposed comprehensive plan amendments
as proposed;
2. Rcconunend to City Council that the proposed comprehensive plan amendments llOt be
adopted;
3. Forward the proposed comprehensive plan amendments to City Council xvithout a
recommendation.
or
4. Modify the proposed comprehensive plan amendmeuts and recommend to City Council
adoption of the amendments as modified.
EXHIBIT
Exhibit A Site Specific Requests - 2001 Co~nprehensive Plan Update (37 pages)
I:\01COM l'PI,AN\lqanning Commission\071801 Staff Rcpoet to I'lanning Commission.DOC/07/08/2001 1:24 I'M
Page 8 of 8
EXHIBIT A
PAG
2001
SITE SPECIFIC REQUESTS
COMPREHENSIVE PLAN AMENDMENTS
July 8,2001
This Report includes analyses of Site Specific Requests #1,2,3,5,7 and 8. Analyses of Site-
Specific Requests #4 and 6 will be presented to the Planning Commission at a later date in order
to allow staff to do additional research related to these requests.
Please refer to Exhibit A, Page 18of37 for a Composite Map showing the location of all eight site-
specific requests.
SITE SPECIFIC REQUEST #1 - GOODWIN DENTAL CLINIC REQUEST
File No.:
Parcel:
Location:
Size:
Applicant:
OwneF:
Request:
CPA99-0011
332204-9109
North of 288th Street and east of Pacific Highway (ExhibitA, Page 19 of 37)
0.48 acres
DMB Consulting Engineers on behalf of the owners of the Goodwin Dental
Clinic
Thomas Goodwin & Carl Jacobsen (Goodwin Dental Clinic)
Request to change the comprehensive plan designation and zoning from
Multifamily and RM 1800 (one unit per 1,800 square feet) to Community
Business and BC zoning
Existing
Comprehensive Plan:
Existing Zoning:
Proposed
Comprehensive Plan:
Proposed Zoning:
Multi family
RM 1800 (1 unit per 1,800 square feet)
Community Business
BC (Community Business)
Availability of Utilities:
Sanitary Sewer:
Public Water:
Storm Drainage:
Provided by Lakehaven Utility District
Provided by Lakehaven Utility District
Site is located within the Central Lower Puget Sound Sub-Basin
Availability of Public Services:
Police:
Fire/Emergency Medicak
Schools:
Provided by City of Federal Way
Provided by Federal Way Fire Department
Not applicable for an office use
Page I of 17
PAGE_ I
Analysis:
Background
At thc time that the city incorporated, this site had split zoning under King County. The xvestern half was
designated BC (Community Business) and the eastern half was designated RM 900 (Multiple Dwelling).
A medical/dental clinic was an authorized use in either zone and the clinic was constructed in 1980. Upon
incorporation, the site was zoned RM 1800 (Multifamily - one unit per 1800 square feet) by F.ederal Way.
A medical/dental clinic is a nonconforming use in the RM 1800 zone.
Neighborhood Characteristics
The property is located one parcel to the east of Pacific Highway South. Adjacent uses to the east and
west are commercial, and uses to the south of South 288th Street are commercial and vertical mixed-use
(commercial on the first floor with residential above).
Environmental Analysis:
Se~sitive Areas
The site is fully developed and there are no kno;vn environmentally sensitive areas affecting it.
Drainage
The site is developed. Any changes in comprehensive plan designation and zoning will not affect
drainage. If the site is redeveloped in the future, it will be required to meet then existing drainage
requirements.
Access
Access is available from South 288th Street, a principal arterial, located to the south. South 288~ Street is
a four-lane roadway with sidewalks. The City will be widening and improving South 288t~ Street to full
street standards in 2002. Based on the City's Comprehensive Plan, the planned road section for South
288th is a Type I roadway (five lanes), consisting of 58-foot wide street with curb, gutter, six-foot planting
strip with street trees, eight-foot sidewalk, and street lights, in a 92-foot right-of-way.
Potential Traffic Impacts
The site is fully developed with a nonconforming commercial use. Therefore, any changes in
comprehensive plan and zoning designations will not result in potential traffic impacts. If the property
redevelops prior to road widening and improvement by the City, the applicant would be responsible for
half street improvements along the frontage of the site. In addition, traffic impacts associated with a
different use would be evaluated.
Projections for Population and Employment
The requested change in designation will not result in any changes in employment, as the medical/dental
office is expected to continue in existence.
Page 2 of 17
PAG E_2,.-OF
Consistency with Comprehensive Plan Goals and Policies:
PAGE_ OF
Goal or Policy
LUP 26 Provide employment and business
opportunities by allocating adequate land for
commercial, office, and business park development.
Comments
The site has been developed as a medical/dental office
since 1980 and there are commercial uses to the east
and west.
Designating the site as Community Business will not conflict with any polices within the comprehensive
plan. The site is already developed as a commercial use and due to its area (0.48 acres); a change from
multifamily to business should have a minimal effect on the City's land capacity. Page II-16 of the 2000
Federal Way Comprehensive Plan (FWCP) states that, "The Community Business Designation generally
runs along both sides of SR-99 from South 272nd to South 348th." This site falls within that area.
SITE SPECIFIC REQUEST//2 - JOHN NGUYEN
File Number:
Parcel:
Location:
Size:
Applicant:
O~vlier:
Request:
00-104891-00 UP
082104-9138
South of South 308th Street and west of 14th Avenue South (ExhibitA, Page
20 of 37)
0.71 acres/31,050 square feet
John Nguyen
Same
Request to change the comprehensive plan designation and zoning of the
Lake Apartments from Professional Office (PO) to Multifamily and RM
1800 (one unit per 1,800 square feet)
Existing
Comprehensive Plan:
Existing Zoning:
Proposed
Comprehensive Plan:
Proposed Zoning:
Professional Office
Professional Office (PO)
Multi-family
RM 1800 (one unit per 1,800 square feet)
Availability of Utilities:
Sanitary Sewer:
Public Water:
Storm Drainage:
Provided by Lakehaven Utility District
Provided by Lakehaven Utility District
Site is located within the Central Lower Puget Sound Sub-Basin
Availability of Public Services:
Police:
Fire/Emergency Medical:
Schools:
Provided by City of Federal Way
Provided by Federal Way Fire Department
This site is located within the Federal Way School District
Page 3 of 17
PAGE 30F.
P.AG F z ......, r
Analysis:
Thc Lake Apartments, a 15-unit complex, was constructed ill 1958. At tile time of City incorporation in
1990, it was zoned Muldfamily (RM 900) by King County. Federal Way adopted a zoning of Professional
Office for this apartment complex and thc two parcels to the north.
Neighborhood Characteristics
Existing uses in this area include a dental office to the north, Southridge House, a senior housing complex
to the east, the Lake Easter Estates Condominiums to the west and the Liberty Lake Condominiums to the
south.
Environmental Analysis:
Sensitive Areas
The site is fully developed and there are no known environmentally sensitive areas affecting it.
Drainage
Tile site is developed. Any changes in comprehensive plan designation and zoning will not affect
drainage. If the site is redeveloped in the future, it will be required to meet then existing drainage
requirements.
Access
Access is available from 14th Avenue South, a minor collector, located to the east. Fourteenth Avenue
South is a two-lane roadway without sidewalks. Based on tile City's Comprehensive Plan, tile planned
road section for 1~'h Avenue South is a Type K street (three lanes plus bike lanes) consisting of a 44-foot
wide street, xvith cnrb, gutter, six-foot planting strip with street lights, eight~foot sidewalk, and street
lights in a 7g-foot right-of-way.
Potential Traffic bnpacts
The site is fully developed with a nonconforming multiple family development. Therefore, any changes in
comprehensive plan and zoning designations will not result in potential traffic impacts. If the prope'rty
redevelops in the future, the applicant would be responsible for half street improvements along the
frontage of the site. In addition, traffic impacts associated with a different use would be evaluated.
Projections for Population and Employment
The requested change in designation will not result in any changes in population, as the apartment
complex is expected to continue in existence.
Consistency with Comprehensive Plan Goals and Policies:
Goal or Policy Comments
Policy LUP23 Support multiple family development
with transportation and capital facilities improvements.
The Lakes Apartments are located one block to the
west of Pacific Itighway and approximately half a
block north of South 312~h Street. Transportation is
readily accessible as both Pacific ltighway and South
31 ?_th Street are bus routes.
Page 4 of 17
The Lake Apartments are an existing legal nonconforming use and changing the land use designation and
zoning to RM - Multifamily and RM 1.8 (Multi-family, one unit per 1,800 square feet) would make the
use consistent with the zoning, while not impacting surrounding uses.
SITE SPECIFIC REQUEST #3 - JACKSON ANNEXATION REQUEST
File Number:
Parcels:
Location:
Size:
Applicant:
Agent:
Owners:
CPA99-0014
092104-9139; 092104-9316; 092104-9187; 092104-9140; 092104-9206;
0921049028; 092104-9310, 092104-9160 & 092104-9318
North of SW 320t~' Street between I-5 and 32"d Avenue South (Exhibit A,
Page 21 of 3 7)
30.19 acres
Jerry Jackson
Jerry Jackson
Please refer to following table
Parcel No. Owner Acres ~
092104-9139 All-American Homes 9.15 acres
092104-9316 All-American Homes 0.36 acres
092104-9187 Larry Weigel 2.09 acres
092104-9140 Donald J. Henderson 2.28 acres
092104-9206 Arthur Henderson 0.34 acres
092104-9028 William Pruett 5.26 acres
092104-9310 Winchester Investment Corporation 4.68 acres
092104-9160 Patty Murphy 1.96 acres
092104-9318 Youngyul Na 4.07 acres
Total 30.19 acres
Request:
Request to change the comprehensive plan from King County Commercial
Outside of Center) and Urban Residential (4-12 dwelling units per acre) and
King County Zoning of Office and R-4 (Residential, four units per acre) to
Federal Way Comprehensive Plan and Zoning of Office Park (OP)
Existing
Comprehensive Plan:
Existing Zoning:
Proposed
Comprehensive Plan:
Proposed Zoning:
King County Comprehensive Plan Designation of Commercial Outside of
Center and Urban Residential (4-12 dwelling units per acre)
King County Office and R-4 (Residential, four units per acre)
Office Park
Office Park (OP)
Availability of Utilities:
Sanitary Sewer:
Public Water:
Storm Drainage:
Located within the Lakehaven Utility District. Sewer facilities will need to
be extended to serve the site. There is adequate sewer capacity at this time.
Located within the Lakehaven Utility District. Water facilities will need to be
extended to serve the site. There is adequate water capacity at this time.
Site is located within the East Branch Hylebos Creek Sub-Basin.
Page 5 of 17
Availability of Public Services:
Police:
Fire/Emergency Medical:
Schools:
Services are presently provided by King County. Once tile property is
annexed, police services will be provided by the City of Federal Way.
Provided by the Federal Way Fire Department. Station #64 is located on
South 320tl~ Street approximately one-quarter mile to the east.
Not applicable for an office use.
Analysis:
Background
This is a request for a co~nprehensive plan and zoning designation of Office Park (OP) associated with a
request for annexation of 28.23 acres. The applicant had previously submitted a 10 percent petition for
21.4 acres in September 1999. At that time, the City did not accept the 10 percent petition based on
outstanding grading related code violations on file with King County. Since that time, the applicant has
worked with King County and has obtained a permit to restore the site. This permit was issued on April 6,
2000.
Subsequent to receiving permit approval to restore the site from King County, the applicant resubmitted a
10 percent petition, which included all properties shown in Exhibit A, Page 22 of 3 7 except the one
marked with an asterisk. On November 7, 2000, the City Council accepted the 10 percent petition but
required that all restoration work on the site as approved under King County Sensitive Areas Permit
#L00CG018, be completed, inspected, and approved by King County, prior to a City Council public
hearing on the 60 percent petition.
There was a pre-construction meeting between King County and the applicant on February 20, 2001 after
which the plants were to be installed. King County has not yet conducted a final inspection for the
restoration work.
The property shown with an asterisk is owned by Patty Murphy who is on record as saying that she has no
objections to annexation; however, she does not desire co~nmercial zoning. Ms. Murphy presently resides
on the site. During the October 17, 200 public hearing on the Selection Process for the 2000
Comprehensive Plan Update, the Council directed staff to include Patty Murphy's property in the
comprehensive plan amendment request in order to avoid the creation of County islands within City
limits. Therefore, the total area under consideration for annexation and comprehensive plan designation as
Office Park is 30.19 acres.
Neighborhood Characteristics
The site is adjacent to the City of Federal Way on both tile east and west boundaries. The majority of the
site is zoned residential with some com~nercial zoning on the southeastern portion. There are presently
four single-family residences and one triplex on the site. To the north of the site are single-family
residences. There are also single-family residences on the east except for vacant property immediately
north of South 320t~, which is owned by Weyerhaeuser and zoned Office Park. To the west of the site is I-
5 and to the south of the site, across South 320th Street, is new office development.
Environmental Analysis:
Sensitive Areas
Steep slopes and erosion hazards are located along tile westerly portion of the property adjacent to I-5.
This portion of the property also contains a wetland, approximately five acres in size, which is located
Page 6 of 17
PAGE
/
PAGE OF
along the base of the slopes adjacent to I-5. This wetland is currently identified as a Class 2 wetland by
King County. King County Class 2 wetlands require 50-foot buffers. However, it was identified by
Federal Way's wetland inventory (April 1999) as a Class 1 wetland, which requires a 200-foot buffer.
The balance of the annexation area contains gently rolling topography, with several areas containing
significant vegetation, and is not known at this time to contain environmentally sensitive areas.
Approximately 9.5 acres adjacent to I-5 in the southwest portion of the site (owned by All American
Homes) has been previously cleared and graded without required county and state permits. A portion of
the disturbed area includes the wetland and steep slopes. This activity resulted in a Notice of Code
Violation and enforcement action by King County. Also, based on the outstanding violation, the Federal
Way City Council in 1999 rejected a ten percent annexation petition for the area.
Drainage:
The site is located within the East Branch Hylebos Creek Sub-Basin, in an area identified for enhanced
stormwater infiltration. The applicant submitted a conceptual proposal for 120,000 square feet of office
use in three separate buildings with the request (Exhibit A, page 23 of 37). Since more than 5,000 square
feet of impervious surfaces would be created, when a land use permit is submitted, surface water runoff
and treatment would be required per the 1998 King County Surface Water Design Manual (KCSWDM),
the City of Federal Way Addendum to the Manual, and the City's adopted SEPA policies.
Access:
Access to the annexation area is from South 320th Street, a principal arterial located to the south of the site
and 32nd Avenue South, a minor collector located to the east of the site. South 320th is an improved right-
of-way and 32nd Avenue South is currently unimproved public right-of-way, of varying width (from 60
feet on the north to 30 feet on the south). Based on the City's Comprehensive Plan, the planned road
section for South 320th is a Type A street (four lanes plus High Occupancy Vehicle lanes), consisting of
an 86-foot street with curb, gutter, six-foot planting strip with street trees, eight-foot sidewalk, and street
lights in a 120-foot right-of-way. The planned road section for 32nd Avenue South is a Type R Street
consisting of a 40-foot street (two lanes plus parking) with curb, gutter, four-foot planter with street trees,
six-foot sidewalk and street lights in a 60-foot right-of-way.
Potential Traffic Impacts:
Based on the proposed designation of Office Park and the conceptual site plan submitted with the request,
120,000 square foot of office use would generate approximately 179 evening peak hour trips. This would
require the preparation of a Transportation Impact Analysis (TIA) by the applicant's engineer. The TIA
would identify transportation impacts associated with the development and identify appropriate mitigation
measures. Based on the conceptual site plan submitted, staff conducted a limited analysis to determine the
adequacy of the six-year and 20-year Transportation Improvement Plan (TIP) and Capital Improvement
Plan (CIP). No additional improvements were identified as necessary to meet the adopted level- of-
service standard within six or 20 years. The applicant would be required to pay a pro rata share based on
the transportation impacts of the project to the affected TIP and CIP projects. Please refer to Exhibit A,
Pages 24 & 25 of 37 - June 6, 2001, Memorandum from the Rick Perez, City Traffic Engineer for
additional comments on Frontage Improvements, Access, and Circulation.
Projections for Population and Employment:
There are presently four single-family houses and a triplex on the site. The July 2000 Market Analysis
prepared for the City by ECONorthwest, projects that under existing zoning, there would be eight
residential units on-site by 2005 and 23 residential units by 2020. Based on a site plan submitted by the
applicant, 120,000 square feet of office is proposed for this site. This would result in approximately 480
employees based on a ratio of one employee per 250 square feet.
Page 7 of 17
PAGE,-7'
The site is not presently within tile City and the City does not have an adopted comprelmnsive plan and
zoning map for the Potential Annexation Area (PAA). ltowever, as part of tile 2001/2002 Planning
Commission Work Program, the PAA will bc planned and zoned. Designating this site as Office Park will
result in an increase of approximately 480 jobs and a loss of 23 residential units by the Year 2020. The
overall vision of the comprehensive plan is to provide an appropriate balance of services, employment,
and housing. The July 2000 Market Analysis identifies that the finance, insurance, real estate, and
services (FIRES) sector has the greatest demand for future built space. Therefore, an Office Park
designation appears appropriate for this area.
Consistency with Comprehensive Plan Goals and Policies:
Goal or Policy Comments
LUP 26 Provide employment and
business opportunities by allocating
adequate land for commercial, office, and
business park development.
PAAP 10 Simultaneous adoption of
proposed zoning regulations should be
required of all annexations.
The recent draft Cio~ of Federal Way Market Analysis, prepared for
the City by ECONorthwest states that the finance, insurance, real
estate, and services (FIRES) sector has the greatest demand for
future built space. Designating this site as Office Park (OP) will
provide additional land for these types of uses.
Through this process, the City will adopt a comprehensive plan
designation and zoning for this site at the same time that it is
annexed to the City.
SITE SPECIFIC REQUEST #4 -- KITTS CORNER REQUEST
File No,:
Parcel:
Location:
Size:
Proponent:
OwneF:
CPA99-0008
202104-9069, 202104-9070, 202104-9001,202104-9090, 202104-9086,
202104-9080, 202104-9072, 202104-9004, 202104-9051, and 202104-9100
South of Soutl~ 336th Street and ,,vest of Pacific Highway South (Exhibit A,
Page 26 of 37)
45.85 acres
Various Property Owners (see following table)
Please refer to the following table
Number Parcel No. Owner Acres
I 202104-9069 Johal Rajhinder; Kulwinder 1.15 acres
2 202104-9070 C~ampus Gateway Associates 16.75 acres
3 202104-9001 Gene Merlino 8.9 acres
4 202104-9090 Richard Lyons 0.2 acres
5 202 t 04-9086 Richard Carson 4.93 acres
6 202104-9080 Ralph Jones 1.5 acres
7 202104-9072 Chase WN Trust 7.75 acres
8 202104-9004 Slisco/Knight/Dagmar 4.44 acres
9 202104-9051 Bob Wright 8.28 acres
10 202104-9100 Orville & Victoria Cohen 0.85 acres
Total 45.85 acres
Request:
Request to change the comprehensive plan designation and zoning from
Business Park to Community Business for the areas cast of the wetlands and
Multifamily for the northern three parcels west of the wetlands (numbers 2,3,
and 7 in the above table)
Page 8 of 17
PAG OF
Existing
Comprehensive Plan:
Existing Zoning:
Proposed
Comprehensive Plan:
Proposed Zoning:
Business Park
Business Park
Community Business for the areas east of the wetlands and Multifamily for
the northern three parcels west of the wetlands (numbers 2, 3, and 7 in the
above table)
Community Business (BC) for the areas east of the wetlands and Multifamily
(RM 2400 [one unit per 2,400 square feet]) for the northern three parcels
west of the wetlands (numbers 2, 3, and 7 in the above table).
Requests #4 and 6 will be presented to the Planning Commission at a later date in order to allow staff to
gather additional information.
SITE SPECIFIC REQUEST #5 - CHONG NAM YI
File Number:
Parcel:
Location: '
Size:
Applicant:
Agent:
Owners:
00-104875-00 UP
202104-9121; 202014-9170; 202104-9171; 202104-9172; 202104-9167;
202104-9168; 202104-9125 & 202104-9169
North of South 344th Street and west of Pacific Highway South (Exhibit A,
Page 27 of 37)
5.17 acres
Chong Nam Yi
Harry Horan
Please refer to the following table
Request:
Parcel # Owner Acres
202104-9121 Chong Nam Yi 1.43
202104-9170 James Mackmer 0.68
202104-9171 Abt Towing 0.34
202104-9172 Abt Towing 0.34
202104-9167 James Mackmer 0.76
202104-9168 Safe-T-Grate Inc. 0.38
202104-9125 Richard L. Degrout 0.38
202104-9169 H.L. Frease 0.86
Total 5.17
Request to change the comprehensive plan designation and zoning from
Business Park (BP) to Community Business (BC)
Existing
Comprehensive Plan:
Existing Zoning:
Proposed
Comprehensive Plan:
Proposed Zoning:
Business Park
Business Park (BP)
Community Business
Community Business (BC)
Page 9 of 17
PAGE__ _OF
Availability of Utilities:
Sanitary Sewer:
Public Water:
Storm Drainage:
Provided by Lakehaven Utility District. Sewer facilities will need to be
extended to serve the site. There is adequate sewer capacity at this time.
Provided by Lakehaven Utility District. Water facilities will need to be
extended to serve the site. There is adequate water capacity at this time.
Site is located within the West Branch Hylebos Creek Sub-Basin.
Availability of Public Services:
Police:
Fire/Emergency Medical:
Schools:
Provided by City of Federal Way
Provided by Federal Way Fire Department
Not applicable for a business use
Analysis:
Background
This is one of three sites requesting a change in comprehensive plan designation and zoning from
Business Park to another designation. This was originally a request by the owner of Parcel No. 202104-
9121 for a change in land use and designation of a vacant parcel of land, 1.43 acres in size from Business
Park to Community Business. When the request was presented to the City Council at the Selection Stage
to determine which requests should be considered further, Council directed staff to analyze all eight
parcels within this immediate vicinity in order to ensure an orderly boundary between zoning districts.
Neighborhood Characteristics
Existing uses on the site include a towing company, a fiberglass fabrication business, and an auto repair
facility. To the north is Lumberman's, a retail lumber establishment; to the east are Foss Car Audio, a
vacant building; and Neimen Glass. To the west are industrial office buildings and to the south is storage.
However, the property to the south was recently purchased by Lloyd's Trucking, which will develop the
property as their corporate headquarters and maintenance shop.
Environmental Analysis:
Sensitive Areas
A branch of the Hylebos Creek, a major stream, flows along the northern perimeter of Parcel 202104-
9167 and along the western perimeters of Parcels 202104-9167, 202104-9170, and 202104-9121. A major
stream has a 100-foot setback area, which is measured from the ordinary high water mark.
Drainage
The site is located in the West Branch Hylebos Creek Sub-Basin. A conceptual site plan was not
submitted with the request. When a land use permit is submitted, surface water runoff and water quality
treatment will be required per the 1998 King County Surface Water Design Manual (KCSWDM), the City
of Federal Way Addendum to the Manual, and the City's adopted SEPA policies (if the SEPA threshold
is triggered). The site falls within a Level I Flow Control Area, thus the applicants must design the flow
control facility to meet these performance criteria. At the minimum, the applicant must design the water
quality facility per the Resource Stream Protection Menu Requirements of the KCSWDM.
Page 10 of 17
PAGE OF
ACCESS
Access to the site is available from South 344th Street located to the south. South 344th Street is presently
unpaved adjacent to this site. Based on the City's Comprehensive Plan, the planned road section for South
344"' is a Type R Street consisting ora 40-foot street (two lanes plus parking) with curb, gutter, four-foot
planting strip with street trees, six-foot sidewalk and street lights in a 66-foot right-of-way. Per city code,
if a development proposal were submitted to the City, the applicant would be expected to construct half-
street improvements consistent with a Type R Street.
Potential Traffic hnpacts
Existing uses on the site include a towing company, a storage warehouse for fiberglass grating, and an
auto repair facility. Under existing zoning, the site is estimated to generate 28 evening peak hour trips by
2005, and 40 evening peak hour trips by 2020. These estimates are based on the July 2000 Market
Analysis prepared for the City by ECONorthwest, which forecasted an 11 to 13 percent absorption of
Business Park zoned land between 2000 and 2020. There are eight different parcels, which are owned by
five different people. An overall development plan was not submitted for the site, however if the change
in designation from Business Park to Community Business were granted, using the Market Study
absorption rate for BC-zoned land, it would generate 42 pm peak trips. A TIA would be required to be
prepared by the applicant's engineer for any development that generates more than 10 pm peak trips.
The TIA would identify transportation impacts associated with the development and identify appropriate
mitigation measures. The applicants would be expected to contribute pro-rata shares towards projects on
the TIP that are impacted by more than ten peak hour trips. Based on the lack of a preliminary site plan
and low increase in trip generation, no additional improvements are expected to be necessary to meet the
adopted level-of-service standard within six or 20 years. Please refer to Exhibit A, Pages 28 and 29 of 37
- June 6, 2001, Memorandum from the Rick Perez, City Traffic Engineer for additional comments on
Frontage Improvements, Access, and Circulation.
Projections for Population and Employment
The requested change in designation would result in very little changes in employment based on the
expected trip generation.
Consistency with Comprehensive Plan Goals and Policies:
Goal or Policy Comments
LUP26 Provide employment and business The existing uses on this site are consistent with Business
opportunities by allocating adequate land for Park zoning. Changing the designation from Business Park to
commercial, office and business park Community Business would result in the warehouse and the
development, tow company becoming non-conforming.
Tile overall vision of the Comprehensive Plan is to restrict commercial development to the downtown
(City Center Core and Frame), to Pacific Highway South, generally between South 272"a Street and South
348t~' Street, and to the areas found around South 348th Street, approximately between SR-99 and I-5. The
Market Study prepared for the City in 2000 identifies that the City has enough capacity designated for
commercial uses to accommodate the 20-year employment forecast; therefore, there is not a demand for
additional commercially zoned land. The Study also identified that there would be a demand for 11 to 13
percent of Business Park zoned land from 2000 to 2020, a 20-year planning horizon. This might appear to
indicate that there is an adequate supply to meet community needs within the planning horizon. However,
in the year since the base data was collected, the City has experienced a higher than normal interest in
developing property within tile BP zone. Between 1996 and 2001, approximately five percent of the
vacant BP-zoned land as of 1996 was developed, and presently approximately 15 percent of the vacant
BP-zoned land as of 1996 is in pending projects. Six percent of the total 15 percent have not submitted
formal applications, but have been through the pre-application process. Future development trends, and
thus the absorption rate of BP land, are difficult to predict given the current economic climate.
SITE SPECIFIC REQUEST #6 - CHRISTIAN FAITH CENTER
File No.:
Parcel:
Location:
Size:
Applicant:
Owner:
Request:
CPA99-0004
212104-9003, 212104-9004, 212104-9016, 212104-9051, 212104-9063,
212104-9064, 212104-9065, 212104-9067, 212104-9069, 212104-9083, and
212104-9084
South of South 336th Street and east of Pacific Highway South (Exhibit .4,
Page 30 of 37)
49.97 acres
Peter Orser, representing the Weyerhaeuser Company
The Weyerhaeuser Company
Request to change the comprehensive plan designation and zoning from
.Business Park to Multifamily - RM 3600 zoning (one unit per 3,600 square
feet).
Parcel No. Acres
212104-9003 5 acres
212194-9004 4.91 acres
212104-9016 5 acres
212104-9051 5 acres
212104-9063 5 acres
212104-9064 4.94 acres
212104-9065 4.92 acres
212104-9066 4.91 acres
212104-9067 2.32 acres
212104-9069 5.01 acres
212104-9083 1.62 acres
212104-9084 1.34 acres
Total 49.97 acres
Existing
Comprehensive Plan:
Existing Zoning:
Proposed
Comprehensive Plan:
Proposed Zoning:
Business Park.
Business Park.
Multi family.
Multifamily - RM 3600 zoning (one unit per 3,600 square feet).
Requests/t4 and 6 will be presented to the Planning Commission at a later date in order to allow staff to
gather additional information.
Page 12 of 17
E×HIBI T
PAG E_I_ OF 3,"/
PAGE_
SITE SPECIFIC REQUEST//7 - JOHN SMITH
File Number:
Parcel:
Location:
Size:
Applicant:
Agent:
Owner:
Request:
00-104441-00 UP
726120-0060
East of 33rd Place South in East Campus (Exhibit .4, Page 31 of 37)
3.1 acres
John Smith
Harry Horan
Rachel Smith
Request to change the comprehensive plan designation and zoning from
Single Family High Density Residential and RS 9.6 to Office Park (OP)
Existing
Comprehensive Plan:
Existing Zoning:
Proposed
Comprehensive Plan:
Proposed Zoning:
Single Family High Density Residential
RS 9.6
Office Park
Office Park (OP)
Availability of Utilities:
Sanitary Sewer:
Public Water:
Storm Drainage:
Provided by Lakehaven Utility District. Sewer facilities will need to be
extended to serve the site. There is adequate sewer capacity at this time.
Provided by Lakehaven Utility District. Water facilities will need to be
extended to serve the site. There is adequate water capacity at this time.
Site is located within the East Branch Hylebos Creek Sub-Basin.
Availability of Public Services:
Police:
Fire/Emergency 3/[edical:
Schools:
Provided by City of Federal Way
Provided by Federal Way Fire Department
Not applicable for an office use
Analysis:
Background
This property is in an area that was annexed in 1994 as part of a much larger annexation, the East Campus
Annexation. Since that time, East Campus has seen a great demand for office development.
Neighborhood Characteristics
Them am two abandoned houses on the site. The use to the north is the Slavik Gospel Church. The use to
the east and south consists of office buildings under construction for Weyerhaeuser use, uses to the
northwest across 33ra Place South are residential along North Lake and uses to the southwest are part of
the Weyerhaeuser Corporate headquarters.
Page 13 of 17
PAG
I
Sensitive Areas
Based on a conceptual site plan submitted by the applicant, there is a Class II Wetland in the south central
portion of the site. This wetland is not listed in the City's Wetland Inventory. If the request for an Office
Park designation is granted, and the applicant submits an application for a development permit, the edge
of wetland will have to be delineated by a qualified wetland specialist. If future development is proposed
in the vicinity of any streams, lakes, or wetlands, compliance with FWCC Chapter 22, Article XIV,
"Environmentally Sensitive Areas," will be required and such compliance will result in mitigation of any
potential adverse impacts.
Drainage
The site is located in the East Hylebos Creek Sub-Basin. The applicant submitted a conceptual proposal
for approximately 73,000 square feet of office in two separate buildings (Exhibit A, Page 32 of 37). Since
more than 5,000 square feet of impervious surfaces would be created, when a land use permit is
submitted, surface water runoff and treatment would be required per the 1998 King County Surface Water
Design Manual (KCSWDM), the City of Federal Way Addendum to the Manual, and the City's adopted
SEPA policies. The site lies within a Level 1 Flow Control Area and Basic W.ater Quality Area, thus the
stormwater facility must be designed to meet this performance criteria.
Access
Access is available from 33~a Place South to the west. Based on the City's Comprehensive Plan, the
planned roadway section for 33~a Place South is a Type S Street. However, if the request was granted, the
planned cross-section would be a Type R Street, consisting ora 40-foot street with curb, gutter, four-foot
planting strip with street trees, six-foot sidewalk and street trees in a 66 foot right-of-way. Per city code, if
a development proposal were submitted to the City, the applicant would be expected to construct half-
street improvements consistent with a Type R Street.
Potential Traffic Impacts
Federal xvay City Code, Section 22-1475 authorizes the requirement of a Transportation Impact Analysis
(TIA) to identify transportation impacts of development and identify appropriate mitigation measures.
The applicants would be expected to contribute pro-rata shares towards TIP projects impacted by more
than 10 peak hour trips. Mitigation improvements necessary beyond those identified in the TIP to meet
the City's adopted level-of-service standard would be expected to be provided by the applicant.
Based on the requested comprehensive plan amendment and conceptual plan submitted, evening peak
hour trip generation is estimated atl09 trips; therefore, a TIA will be required. Under existing zoning,
based on the July 2000 Market Analysis, the site is estimated to generate nine evening peak hour trips by
2005, with no increase by 2020.
Based on the conceptual site plan submitted, staffconducted a limited analysis to determine the adequacy
of the TIP and CIP in meeting concurrency if this request was approved. No additional improvements
were identified as necessary to meet adopted level-of-service standards within six or 20 years.
Please refer to Exhibit A, Pages 33 and 34 of 3 7- June 6, 2001, Mmnorandum from the Rick Perez, City
Traffic Engineer for additional comments on Frontage hnprovements, Access, and Circulation.
Page 14 of 17
PAG 0
Projections for Population and Employment
If the comprehensive plan and zoning designations were to remain unchanged, one would expect the site
to develop with a maximum of nine residential units. If the request were granted for Office Park Zoning,
the site would create additional employment for the East Campus area.
The overall vision of the comprehensive plan is to provide an appropriate balance of services,
employment, and housing. A Market Study prepared for the City in 2000 identifies that the finance,
insurance, real estate, and services (FIRES) sector has the greatest demand for future built space.
However, the Market Study also states that there may not be enough land zoned outright for residential
uses to accommodate projected residential uses.
Consistency with Comprehensive Plan Goals and Policies:
Goal or Policy Comments
LUP49 Continue to encourage quality East Campus has been experiencing a very high rate of office
office development in West and East development. The subject site is s a logical extension for high quality
Campus Office and Corporate office park development. Furthermore, it is a less desirable location for
designations, residential development.
SITE SPECIFIC REQUEST//8 - RICHARD HANSON
File Number:
Parcel:
Location:
Size:
Applicant:
Agent:
Owner:
Request:
00-104224-00 UP
302104-9033
South of proposed Silverwood Subdivision, west of 9tl~ Avenue SW (Exhibit
A, Page 35 of 37)
15.46 acres
Richard Hanson
De~En Lang, Subdivision Management
Richard Hanson
Request to change the comprehensive plan designation and zoning froth
Single Family Medium Density Residential/RS 15.0 to Single Family High
Density Residential/RS 9.6
Existing
Comprehensive Plan:
Existing Zoning:
Proposed
Comprehensive Plan:
Proposed Zoning:
Single Family Medium Density Residential
RS 15.0
Single Family High Density Residential
RS 9.6
Availability of Utilities:
Sanitary Sewer:
Public Water:
Provided by Lakehaven Utility District. There is adequate sewer capacity at
this time. However, extension of these facilities is dependent upon construction
of facilities proposed to be extended through the Silverwood plat.
Provided by Lakehaven Utility District. There is adequate water capacity at this
time. However, extension of these facilities is dependent upon construction of
facilities proposed to be extended through the Silverwood plat.
PAG OF 3'1
Storm Drainage:
Site is located in the Lower Hylebos Creek Sub-Basin.
Availability of Public Services:
Police:
Fire/Emergency Medical:
Schools:
Provided by City of Federal Way
Provided by Federal Way Fire Department
This site is located within the Federal Way School District
Analysis:
Background
This parcel was part ora larger parcel that requested a change in comprehensive plan designation and
zoning of Urban Residential and RS 9.6 (Single Family, one unit per 9,600 square feet) in 1995. At that
time, the Land Use Chapter of the Federal Way Comprehensive Plan (FWCP) stated that upon availability
of sewers, an increase in density might be warranted. In 1995, the portion of the area now known as
Silverwood was granted the change from RS 15.0 (Single Family Residential, one unit per 15,000 square
feet) zoning to RS 9.6 (Single Family Residential, one unit per 9,600 square feet) The reason that
Silverwood was granted a change in designation was that the owners commit:ted to the City that sewer
would be extended to serve the area.
Neighborhood Characteristics
There is single-family development on large lots to the east and south of the site. Property to the west is
the 363rd Open Space, owned by the City of Federal Way, and to the north there is a 50-lot single-family
residential subdivision (Silverwood) that has received preliminary plat approval.
Environmental Analysis:
Sensitive Areas
There is Class II Wetland located on the west central portion of the site. Class II Wetlands have 100-foot
buffers. When the applicant submits an application for a development permit, the edge o'f the wetland will
have to be delineated by a qualified wetland specialist. If future development is proposed in the vicinity of
any streams, lakes, or wetlands, compliance with FWCC Chapter 22, Article XIV, "Environmentally
Sensitive Areas," will be required and such compliance will result in mitigation of any potential adverse
impacts.
Drainage
The applicant has not submitted a conceptual proposal for development of the site. However, if the
request for the comprehensive plan amendment and zoning was granted, and the site was subdivided in
the future, surface water runoff and treatment would be required per the1998 King County Surface Water
Design Manual (KCSWDM), the City of Federal Way Addendum to the Manual, and the City's adopted
SEPA policies. The site lies within a Level 1Flow Control Area and Basic Water Quality Area, thus the
stormwater facility must be designed to meet this performance criteria.
Access
Access to the site is presently from 9th Avenue SW, a sub-standard road to the south. There are presently
no road connections to the north. This site cannot be developed prior to Silverwood because water and
sewer will be extended through Silverwood to serve this site. When Silverwood develops, the site will
have access to both the north and south.
Page 16 of 17
PAG
F=":'?'''-''''-
PAGE
Based on the FWCP, the planned road section for 9t~' Avenue SW is a Type T Street. However, the
proposed amendment would require a revision to a Type S Street, consisting ora 36-foot street with curb,
gutter, four-foot planting strip with street trees, five-foot sidewalk and street lights in a 60-foot right-of-
way. The width of internal streets depends on anticipated traffic volumes, which in turn is based on
internal street layout. For streets serving less than 25 parcels, a Type W street would be required,
consisting of a 28-foot street with curb, gutter, four-foot planting strip with street trees, five-foot
sidewalks, and street lights in a 52-foot right-of-way.
FWCP Policy TP21 requires collector streets to be provided every quarter mile, block perimeters of 2,640
feet, and pedestrian block perimeters of 1,320 feet. Site design should accommodate these parameters,
although sensitive areas may preclude access from the west.
Potential Traffic Impacts
FWCC Section 22-1475 authorizes the requirement of a Transportation Impact Analysis (TIA) to identify
transportation impacts of development and identify appropriate mitigation measures. The applicants
would be expected to contribute pro-rata shares towards TIP projects impacted by more than 10 peak hour
trips. Mitigation improvements necessary beyond those identified in the TIP to meet the City's adopted
level-of-service standard would be expected to be provided by the applicanL
Based on the estimated evening peak hour trip generation of 23 trips, a TIA could be required. Under
existing zoning, the site is estimated to generate 15 evening peak hour trips by 2005, with no increase by
2020 based on the July 200 Market Study. Based on a lack of preliminary site plan and low increase in
trip generation, staff did not conduct an analysis to determine the adequacy of the TIP and CIP in meeting
concurrency if the request was approved. No additional improvements are expected to be necessary to
meet the adopted level-of-service standard within six or 20 years. Please refer to Exhibit A, Pages 36 and
3 7 of 3 7 - June 6, 2001, Memorandmn from the Rick Perez, City Traffic Engineer for additional
comments on Frontage Improvements, Access, and Circulation.
Projections for Population and Employment
The applicant has indicaied that only the area east of the on-site wetlands would be developed because the
area west of the wetlands would not have access to water and sewer. If the comprehensive plan and
zoning designations were to be changed from Single Family Medium Density Residential and RS 1'5.0 to
Single Family High Density Residential and RS 9.6, assuming that approximately half of the site is
developable, under RS 15.0 zoning, there could be approximately 15 units compared to 23 units under RS
9.6 zoning.
Consistency with Comprehensive Plan Goals and Policies:
Goal or Policy Comments
Federal Way Policy LUP9 Designate
and zone land for Federal Way's share
of regionally adopted demand forecasts
for residential, commercial and
industrial uses for the next 20 years.
RS 9.6 zoning would allow for 4.5 units per acre, as opposed to the
presently allowable density of 2.9 units per acre. The Market Study
prepared for the City in 2000, identifies a shortage of land zoned
outright for residential development in terms of meeting regional
forecasts, based on historical development.
i:\01COM PPLAN\Planning Commission\071801 Description of Site Specific Requests.doc/07/I t/2001 11:00 AM
PAG E_l_q_O F_K2_
ST
0 0.5 1 1.5 2 Miles
City of Federal Way
Comprehensive Plan
2001
SITE SPECIFIC REQUESTS
FOR COMPREHENSIVE PLAN
DESIGNATION CHANGES
Composite Map
Legend:
,", /' City Limits
, ,, Potential Annexation Area
'~ Site Requests
Map Printed-June 22, 20(Jl
RM
18~,0 '
Comprehensive Plan:
~e C~ of Fecter~r .... v rnekes no w~nty es fo/ts eccurecy.
BC
RM1800
RM1800
9109
;8TH ST.
Proposed Designation:
Comprehensive Plan:
Community Business
Zoning: BC
50 0 50
100 150 200 Feet
City of Federal Way
Comprehensive Plan
2001
SITE SPECIFIC REQUESTS
FOR COMPREHENSIVE PLAN
DESIGNATION CHANGES
Goodwin
Dental Clinic
Site Specific Request #1
Key:
Steep Slopes
Wetlands
.~,
f~ap Printed 'une 22, 2001
~ RS7.2
~ ~O~T~ ST
082104
Professional Office
Zoning: PO
-., :.~t~:,.~,,,~.,' . ,,
S. 312TH ST.
Proposed Designation:
Comprehensive Plan:
Multifamily
Zoning: RM1800
E~C
S. 312TH ST.
E
S. 312TH ST.
S. 313TH ST.
50 0
Note: This mep Is Intended for use es a grephlcel represenfetion only.
'The C/h/ of Fede~l Wey mekes no we~nty as to its accuracy.
5O
100
150 200 Feet
City of Feder Way
Comprehensive Plan
2001
SITE SPECIFIC REQUESTS
FOR COMPREHENSIVE PLAN
DESIGNATION CHANGES
John Nguyen
Site Specific Request #2
Key:
Steep Slopes
Wetlands
Map Printed-June 22, 20(
Existing Designation:
(King County)
Comprehensive Plan:
Commerical Outside
of Center & Urban Residential
(4-12 Units per Acre)
KC Zoning: Office & R4
S. 320TH ST.
-1'
',
Note: 7'hl~ m~p I~ Ir 'd for ute a~ e greph~cel repr~sentetlon only.
~e C~ of Federal ,~eke~ no ~n~ a~ to lt~ eccum~.
200 0 200 40^
(KC)
(KC)
(KC}
600 800 Feet
City..of Federal Way
Comprehensive Plan
2001
SITE SPECIFIC REQUESTS
FOR COMPREHENSIVE PLAN
DESIGNATION CHANGES
Jerry Jackson
Site Specific Request #3
Key:
Steep Slopes
Wetlands
Map PrfnL ~une 22, 2001
Existing Designation:
(King County)
Comprehensive Plan:
Commerical Outside
of Center & Urban Residential
(4-12 Units per Acre)
KC Zoning: Office & R4
Proposed Designation:
Comprehensive Plan:
Office Park
jFZoning: OP
Note: This mep Is Intended for use as a graphical represantatlon onty.
7'he City of Federal Wey m~kes no warranty a~ to Its accuracy,
$. 320TH ST.
200 0 200
~..~_. ,_.
400 600
(Kc)
800 Feet A N
City of Federal Way
Comprehensive Plan
2001
SITE SPECIFIC REQUESTS
FOR COMPREHENSIVE PLAN
DESIGNATION CHANGES
Jerry jaCkson
Site Specific Request #3
Key:
Steep Slopes
Wetlands
Map Printed-June 22, 2001
/ /
JACKSON PARCEL
1-5 & 320TH
SITE PLAN
COMPREHENSIVE PLAN
AMENDMENT
OP ZONING
120,000 SQ FT OFFICE SPACE
· PARKnqG RATIO = 3:1000
: /'//
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GE.3_~O
H
interoffice
MEMORANDUM
Federal Way Dept. of Public Works
Traffic Services Division
To~
From:
Subject:
Date:
Margaret Clark, Senior Planner
Perez, P.E., City Traffic Engineer /~P
Rick
Jackson Annexation Comp Plan Amendment
06 June 2001
I have reviewed the project site and submitted materials and have the following comments.
Transportation Impact Analysis
Federal Way City Code (FWCC) Section 22-1475 authorizes the requirement of Transportation
Impact Analyses to identify transportation impacts of development and identify appropriate
mitigation measures. The applicants would be expected to contribute pro-rate shares towards
T~ projects impacted by more than 10 peak hour trips. Mitigation improvements necessary
beyond those identified in the TIP to meet the City's adopted level-of-service standard would be
expected to be provided by the applicant.
Based on the proposed rezone and preliminary site plan submitted, evening peak hour trip
generation is estimated at 179 trip.~; therefore, a Transportation Impact Analysis will be required.
Under existing zoning, the sire is estimated to, generate 8 evening peak hour trips by 2005, and
23 evening peak hour trips by 2020, based on the 2000 Market Analysis absorption rates.
Based on the preliminary site plan submitted, staff conducted a limited analysis to determine the
adequacy of the TIP and CIP in meeting concurrency if this Comprehensive Plan amendment
were approved. No additional improvements were identified as necessary to meet the adopted
level-of-service standard within 6 years or 20 years.
Frontage Improvements
Per FWCC Section 22-1474, the applicant would be expected to construct half-street
improvements consistent with the planned roadway cross-sections as shown in Map Ill-7 of the
FWCP and Capital Improvement Program (CIP) shown as Table 1II-19. Applicants would also
be expected to contribute to any frontage improvements shown in the current Transportation
Improvement Plan (TIP) on a per-front-foot basis.
The planned roadway section for S 320a' Street is a Type A street, consisting of a 86-foot street
with curb, gutter, 6-foot planting strip with street trees, 8-foot sidewalk, and stt:eet lights in a'
120-foot right-of-way.
The planned ro~/dway section for 32nd Avenue S is a Type R street, consisting ora 40-foot street
with curb, gutter, 4-foot planter strip with street trees, 6-foot sidewalk and street lights in a 66-
foot right-of-way.
Access
FWCC Section 22-1543 provides access standards for streets based on planned cross-section.
S 320th Street is Access Class 1, which permits right-in/right-out access as close as 150 feet.
However, FWCC 22-1543(b) limits access to one per 330 feet of a given parcel. Left-in access
may also be permitted every 330 feet. Left-out access will be permitted only at signalized
intersections. Additional or revised signals shall be reviewed in the TIA for maintenance of
minimum signal progression of 40% or no net loss of efficiency if the st. andard is not met under
existing conditions. Access may be further restricted if such access would interfere with the 95th
percentile queue lengths from any existing traffic control device.
32nd Avenue S is Access Class 4, which permits full access as close as 150 feet. However,
FWCC 22-1543(b) limits access to one per 330 feet of a given parcel. Access may be further
restricted if such access would interfere with the 95th percentile queue lengths from any existing
traffic control device.
Circulation
FWCP Policy TP21 requires collector streets every quarter-mile, block perimeters of 2640 feet,
and pedestrian block perimeters of 1320 feet. However, since the site backs to 1-5, no additional
streets are assumed to be feasible.
k:~xaffic~ewevkjackson cpa.doc
00:11"4
Detentfon
Pond
Existing Designation:
Comprehensive Plan:
Business Park
Zoning: BP
BC
r
~t9172 Bo/ Comprehensive Plan:
Community Business
Zoning: BC
Proposed Designation:
.~ R44
B ____~ % .~
S. 341ST
B
50 0 50 100 150 200 Feet ,,~
N
City of Federal Way
Comprehensive Plan
2001
SITE SPECIFIC REQUESTS
FOR COMPREHENSIVE PLAN
DESIGNATION CHANGES
Chong Nam Yi
Site Specific Request #5
Key:
Steep Slopes
Wetlands
Note: Thl~ map I~ Intended for use e~ e graphfcel representation only.
ne City of Federal' ,nske~ no warranty a~ fo lt,~ eccumcy. Map Print "me 22, 200'
interoffice
MEMORANDUM
Federal Way Dept. of Public Works
Traffic Services Division
Tol
From:
Subject:
Date:
Margaret Clark, Senior Planner
Perez, P.E., City Traffic Engineer ~
Rick
Yi Comp Plan Amendment; 00-104875-00 UP
06 June 2001
I have reviewed the project site and submitted materials and have the following comments.
Transportation Impact Analysis
Federal Way City Code (FWCC) Section 22-1475 authorizes the requirement of Transportation
Impact Analyses to identify transportation impacts of development and identify appropriate
mitigation measures. The applicants would be expected to contribute pro-rate shares towards
TIP projects impacted by more than 10 peak hour trips. Mitigation improvements necessary
beyond those identified in the TIP to meet the City's adopted level-of-service standard would be
expected to be provided by the applicant.
Based on the estimated evening peak hour trip generation of 42 trips, a Transportation Impact
Analysis will be required. Under existing zoning, the site is estimated to generate 28 evening
peak hour trips by 2005, and 40 evening peak hour trips by 2020, based on the 2000 Market
Analysis absorption rates.
Based on the lack of a preliminary site plan and low increase in trip generation, staff did not
conduct an analysis to determine the adequacy of the TIP and CIP in meeting concurrency if this
Comprehensive Plan amendment were approved. No additional improvements are expected to
be necessary to meet the adopted level-of-service standard within 6 or 20 years.
Frontage Improvements
Per FWCC Section 22-1474, the applicant would be expected to construct half-street
improvements consistent with the planned roadway cross-sections as shown in Map Iii-7 of the
FWCP and Capital Improvmnent Program (CIP) shown as Table IlL 19. Applicants would also
be expected to contribute to any frontage improvements shown in the current Transportation
Improvement Plan (TIP) on a per-front-foot basis.
The planned roadway section for S 344th Street is a Type R street, consisting of a 40-foot street
with curb, gutter, 4-foot planter strip with street trees, 6-foot sidewalk and street lights in a 66-
foot right-of-way. ' ' ~
Access
FWCC Section 22-1543 provides access standards for streets based on planned cross-section.
S 344th Street is Access Class 4, which permits full access as close as 150 feet. However, FWCC
22-1543(b) limits access to one per 330 feet ora given parcel. Access may be further restricted if
such access would interfere with the 95th percentile queue lengths from any existing traffic
control device.
Circulation
FWCP Policy TP21 requires collector streets every quarter-mile, block perimeters of 2640 feet,
and pedestrian block perimeters of 1320 feet. Due to existing develoPment patterns, no
additional street connections appear feasible.
k:~trafficklewev\yi cpa.doc
xisflng Designation:
omprehensive Plan:
usiness Park
oning: BP
E~C i--~F
S. ~2~'"'~ ST.
RM1800
R. 33eTH ~?
RM3600
?6OO , ~--
,
BC
BI
& 341ST ST.
BP
BP
BP
Note: This mep Is Intended for use es e gmphtcel r~presentatlon only.
The City of Federal Way makes no warranty as to its accuracy.
50 0 50
RM36('0
RM24011~
Proposed Designation:
Comprehensive Plan:
CP-I*
Multifamily
Zoning: RM3600
City of Feder~ Way
Comprehensive Plan
2001
SITE SPECIFIC REQUESTS
FOR COMPREHENSIVE PLAN
DESIGNATION CHANGES
Weyerhaeuser
Company
100 150 200 Feet ,/~
N
Site Specific RequeSt #6
Key: ~,-
Steep Slop~g
Wetlands
Map Printed-June 22, 200
$. ~3T'I'H ST,
W. eyerhaeuser
H~dqu~ers
R
CP-'I*
Existing Designation:
Comprehensive plan:
Single Family High Density
Zoning: RS9.6
Note: This mep Is l~ncCed for use es e grephlcet repr~sentetlon
The C~y of Fede~ , mekes no werrenty es to Its eccureey.
Proposed Designation:
Comprehensive Plan:
Office Park
Zoning: OP
Oity Limits
RS9.
OP-2*
50 0 50 100 150
~ -
200 Feet
City of Federal Way
Comprehensive Plan
2001
SITE SPECIFIC REQUESTS
FOR COMPREHENSIVE PLAN
DESIGNATION CHANGES
John Smith
Site Specific RequeSt #7
Key: ~ .IRT1
Steep Slope... i'~
Wetlands (37 ~-_.:~
O
Map Prlnte" ' ,ne :22, 2001
GRAPHIC SCALE
..... -- -- 3-SIORY ~35,000 Sf. BUED~G
3-STORY ~58,000 S.F. ~FLOfN¢
interoffice
MEMORANDUM
Federal Way Dept. of Public Works
Traffic Services Division
To:
From:
Subject:
Date:
Margaret Clark, Senior Planner
Rick Perez, P.E., City Traffic Engineer jr~
Smith Comp Plan Amendment; 00-104441-00 UP
06 June 2001
I have reviewed the project site and submitted materials and have the following comments.
Transportation Impact Analysis
Federal Way City Code (FWCC) Section 22-1475 authorizes the requirement of Transportation
Impact Analyses to identify transportation impacts of development and identify appropriate
mitigation measures. The applicants would be expected to contribute pro-rate shares towards
TIP projects impacted by more than 10 peak hour trips. Mitigation improvements necessary
beyond those identified in the TIP to meet the City's adopted level-of-service standard would be
expected to be provided by the applicant.
Based on the estimated evening peak hour trip generation of 109 trips, a Transportation Impact
Analysis will be required. Under existing zoning, the site is estimated to generate 9 evening peak
hour trips by 2005, and 9 evening peak hour trips by 2020, based on the 2000 Market Analysis
absorption rates.
Based on the preliminary site plan submitted, staff conducted a limited analysis to determine the
adequacy of the TIP and CIP in meeting concurrency if this Comprehensive Plan amendment
were approved. No additional improvements were identified as necessary to meet the adopted
level-of-service standard within 6 or 20 years.
Frontage Improvements
Per FWCC Section 22-1474, the applicant would be expected to construct half-street
improvements consistent with the planned roadway cross-sections as shown in Map 111-7 of the
FWCP and Capital Improvement Program (CIP) shown as Table 111-19. Applicants would also
be expected to contribute to any frontage improvements shown in the current Transportation
Improvement Plan (TIP) on a per-front-foot basis.
The planned roadway section for 33rd Place S is a Type S street. However, this is based on the
$ q .........
existing zoning. This amendment would reqmre that the planned cross-section oe revisea to
Type R street, consisting of a 40-foot street with curb, gutter, 4-foot planter strip with street trees,
6-foot sidewalk and street lights in a 66-foot right-of-way.
Access
FWCC Section 22-1 $43 provides access standards for streets based on planned cross-section.
33rd Place S is Access Class 4, which permits full access as close as 150 feet. However, FWCC
22-1543(b) limits access to one per 330 fcct of a given parcel. Access may bc further restricted if
such access would interfere with thc 95~ percentile queue lengths from any existing traffic
control device.
Circulation
FWCP Policy TP21 requires collector streets every quarter-mile, block perimeters of 2640 feet,
and pedestrian block perimeters of 1320 feet. For the purpose of this analysis, it was assumed
that S 337th Street could be extended along the north site frontage to the west property line of the
Slavic Gospel Church, which would eventually connect to S 336th Street. Due to
environmentally sensitive areas, no additional street connections appear feasible.
k:\trafficktcvrevXs mith cpa.doc
o E° ,,,o~
.~?0 ~or~ ~
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interoffice
MEMORANDUM
Federal Way Dept'. of Public Works
To~
From:
Subject:
Date:
Traffic Services Division
Margaret Clark, Senior Planner
Rick Perez, P.E., City Traffic Engineer
Hanson Comp Plan Amendment; 00-104224-00 UP
06 June 2001
I have reviewed the project site and submitted materials and have the following comments.
Transportation Impact Analysis
Federal Way City Code (FWCC) Section 22-1475 authorizes the requirement of a Transportation
Impact Analysis (TIA) to identify transportation impacts of development and identify appropriate
mitigation measures. The applicants would be expected to contribute pro-rate shares towards
TIP projects in'tpacted by more than 10 peak hour trips. Mitigation improvements necessary
beyond those identified in the TIP to meet the City's adopted level-of-service standard would be
expected to be provided by the applicant.
Based on the estimated evening peak hour trip generation of 23 trips, a Transportation hnpact
Analysis could be required. Under existing zoning, the site is estimated to generate 15 evening
peak hour trips by 2005, and 15 evening peak hour trips by 2020, based on the 2000 Market
Analysis absorption rates.
Based on the lack of a preliminary site plan and low increase in trip generation, staff did not
conduct an analysis to determine the adequacy of the TIP and CIP in meeting concurrency if this
Comprehensive Plan amendment were approved. No additional improvements are expected to
be necessary to meet the adopted level-of-service standard within 6 or 20 years.
Frontage Improvements
Per FWCC Section 22-1474, the applicant would be expected to construct half-street
improvements consistent with the planned roadway cross-sections as shown in Map II1-7 of the
FWCP and Capital Improvement Program (CIP) shown as Table Ili-19. Applicants would also
be expected to contribute to any frontage improvements shown in the current Transportation
Improvement Plan (TIP) on a per-front-foot basis.
The planned roadway section for 90' Avenue SW is a Type T street. However, the proposed
gutter, 4-foot planter strip with street trees, 5-foot sidewalk and street lights in a dO-foot right-of-
way.
The width of internal streets in dependent on anticipated traffic volumes, which in turn is based
on internal street layout. For streets serving less than 25 parcels, a Type W street would be
required, consisting of a 28-foot street with curb, gutter 4-foot planter strip with street trees, 5-
foot sidewalks, and street lights in a 52~foot fight-of-way.
Access
FWCC Section 22-1543 provides access standards for streets based on planned cross-section.
Streets in single-family residential zones only require that no driveway be constructed within 25
feet of an intersection.
Circulation
FWCP Policy TP21 requires collector streets every quarter-mile, block perimeters of 2640 feet,
and pedestrian block perimeters of 1320 feet. Site design should accommodate these parameters,
although sensitive areas may preclude access from the west.
k:\tra fficklevrev',hanson cpa.doc
City o1" Federal Way
PI,A'NNING COMMISSION
Regular Meeting
July 18, 2001 City Hall
7:00 p.m. . ' (;om'mil Chambers
MEETING SUMMARY
Commissioners present: John Caulfield, Hope Elder, Sophia McNeil, Bill Drake, Nesbia Lopes, Dini
Duclos, and Dave Osaki. Commissioners absent (excused): None. Staff present: Community
Development Services Director Kathy McClung, Senior Planner Margaret Clark, Contract Senior Planner
David Graves, Traffic Engineer Richard Perez, and Administrative Assistant E. Tina Piety.
Chairman Caulfield called the meeting to order at 7:00 p.m.
APPROVAL OF MINUTES
The June 20, 2001, meeting summary was approved as preseuted.
AUDIENCE COMMENT
None.
ADMINISTRATIVE REPORT
None.
COMMISSION BUSINESS
DISCUSSION - Amendments to FWCC Section 22-338, "Special Provisions for Residential Uses"
David Graves gave the staff presentation. Staff has prepared a draft code change.
Roger Hyppa (Applicant requesting the code change.) - Mr. Hyppa commented that he
thought the commission would be discussing the Market Analysis and whether there is enough
BP land in the city or not. [An overview of the Market Analysis is scheduled for later in the
meeting.] He has reviewed the proposed draft code change. He commented that his residence
was placed in a BP zoned district when the city incorporated, thereby making his residence
nonconforming and placing restrictions upon it. He would like to see the word
'nonconforming' dropped. He would like to see the 47 nonconforming residences (discussed at
the last Planning Colnmission meeting) grand fathered and declared conforming.
Much of the commission felt that homeowners should not be penalized for becoming nonconforming due
to the city changing tile zoning. After much discussion, it was m/s/c (no nays) to request the staff to
proceed with the code amendment process, using tile alnendment as written.
Planning Commission Summary
Page 2
PAGE__&.OF_.4 July' 18,2001
PUBLIC HEARING - 2001 Comprehensive Plan Update
Chairman Caulfield opened that Public Hearing at 7:40 p.m. Margaret Clark gave the staff report.
Federal Way updates the comprehensive plan annually. This year, the city is only looking at site-specific
requests. Next year will be the Five-Year update, which will be a major review of all chapters of the
comprehensive plan. This evening, the Planning Commission will consider site-specific requests
numbers 1, 2, 3, 5, 7, and 8. Requests 4 and 6 will be considered on August 15, 2001. Ms. Clark went on
to describe the requests.
Ms. Clark stated that there are special circumstances for site-specific request #3, Jackson Annexation.
The city has received the 10 percent annexation petition; however, restoration work is required on the
site. The staff recommends approval of the request, on the condition that the restoration work is
completed, inspected, and approved by King County prior to the City Council's action on the 2001
Comprehensive Plan update. Ms. Clark received a call from King County stating that the permit for the
restoration work had expired, and the work had not been completed. Due to the timing of the
comprehensive plan process, it is unlikely they will meet the city's condition.
The Public Testimony was opened at 8:15 p.m.
Mike Tibbets - Regarding site-specific request #8, Richard Hanson. Mr. Tibbets lives along
9a Avenue SW and is speaking against the request. He stated that there are many $400,000
homes in the area and 'he is against allowing less expensive homes in the area, thereby driving
down property values. A 1991 decision by the Federal Way Hearing Examiner for the
proposed Forest Ridge subdivision (which was proposed for this area) stated that an
Environmental Impact Statement should be done for the area in order to study the impacts on
wetlands, traffic, open space, and wildlife. Mr. Tibbets believes this site-specific request would
cause significant impact and this EIS should be done before proceeding.
De~En Lang - He represents Richard Hanson. He agrees with the staff report. The Silverwood
subdivision (which is nearby) is currently under construction. This means water and sewer will
be available soon. (Water is currently available along 9th Avenue SW.) As to the change from
RS 15.0 to RS 9.6, much of the area is already RS 9.6. The comprehensive plan states that the
reason this area is not already RS 9.6 is due to the lack of sewer availability, a lack that is soon
to be remedied. He went on to comment that this-area is urban, and urban areas have
neighbors. The developer plans to work with the neighbors to ease the pain of transition. As to
the price of the homes, that will he driven by what happens to the north (Silverwood). He noted
that this development would provide a north/south road connection for this area.
Darlene VanMeerten - Regarding site-specific request #8, Richard Hanson. She lives on 9t~
Avenue SW. She commented that this proposal upsets her. There is already terrible traffic in
the area. She is concerned that taxes would be raised in order to pay for the additional schools
that would be needed. SW 368~ Street is barely wide enough for two-way traffic and 9~
Avenue South is only wide enough for one-way traffic. Opening up the roads would give
people a short cut; they will drive this way in order to avoid the stop light. She commented that
she thought the city would listen to the residents, but feels it is not. We already have
Silverwood and Rosewood and she doesn't see the need for additional homes in the area.
K:\CD Administration Files~PLANCOl¥~20Ol~Vleeting Summary 07-18~)l.doc/Last printed 09/26~2001 0'9:00'AM
Planning Commission Summary
Page 3
Susie Horan - Regarding site-specific request #3, Jackson Annexation. She represents Jerry
Jackson. She remarked that it appears the annexation will not happen this year. She said that
Jackson has obtained an extension on the permit and is working to restore the property. She
stated that they had originally had requested zoning that would allow them to place a grocery
store on the property because there is no store in the area and a store here would help alleviate
traffic on the other side of I-5.
Patty Murphy - Regarding site-specific request #3, Jackson Annexation. Her property is part
of this request, but she is not in favor of the annexation. She has had dealings with the
applicant over a decade and has seen him do inappropriate things. She applauds the city's
stance not to go forward until everything is resolved. She stated it has been a positive
experience dealing with Federal Way. As far as the annexation goes, she is not in favor, but
accepts that the change will occur eventually,
The Public Testimony was closed at 8:37 p.m.
It was m/s/c (no nays) to accept the staff recommendation to approve site-specific request #1, Goodwin
Dental Clinic. It was m/s/c (no nays) to accept the staff recommendation to approve site-specific request
#2, John Nguyen.
For site-specific request #3, Jackson Annexation, it was noted that King County has issued a permit to
restore the site. The commission asked if they would be granted access to South 320~h? Richard Perez
replied that they might be allowed right-in, right-out access; however, they may need approval from the
state due to the proximity to I-5. It ~vas m/s/c (one nay) to accept the staff recommendation to approve
site-specific request #3, Jackson Annexation with the staffs condition.
It was m/s/c (no nays) to table site-specific request #5, Chong Nam Yi, to August 15,2001. On August
15, the commission will be discussing site-specific request #4, Kitts Corner, which is very similar to
request #5. The commission was concerned with making a consistent recommendation for these similar
requests.
Commissioner McNeil excused herself from the discussion of site-specific request #7, John Smith, due to
a possible conflict of interest. It was m/s/c (no nays) to accept the staff recomlnendation to approve site-
specific request #7, John Smith.
Regarding site-specific request #8, Richard Hanson, the commission inquired if it would be appropriate
to request an ElS for this site as suggested by Mr. Tibbets. Ms. Clark replied that the EIS was required
under the old King County standards. Staff feels the current City of Federal Way standards are higher
and would address any concerns and an E|S is not needed. In regards to the traffic issues raised by public
testimony, Mr. Perez informed the commission that this is a relatively small development (probably less
than 23 lots) and as such, requiring a Traffic Impact Analysis would be debatable. Traffic in this case is
more a subdivision issue rather than a comprehensive plan issue. It was ~n/s/c (one nay) accept the staff
recommendation to approve site-specific request #8, Richard Hanson.
It was m/s/c to continue the Public Hearing to August 15, 2001, at 7:00 p.m. in the City Hall Council
Chambers to discuss site-specific requests #4, Kitts Corner, and #6, Christian Faith Center, and to
continue the discussion of site-specific request #5, Chong Nam Yi.
K\CD Ad~ninistration FilesXPLANCOM\2OOl~Meeting Summary 07-18-01 docJ'Last'primed 09/26/2001 09 OO AM
Planning Commission Summary Page 4 July 18, 2001
OF_,
OVERVIEW - July 2000 City of Federal Way Market Analysis
Ms. Clark presented the overview. The purpose of the market analysis was to describe how markets for
real estate products (for example, office space and single family residential) are likely to evolve over the
2000-2020 planning period. The city will use this information: 1) to assist in determining whether the
city presently has a 20-year supply of adequately zoned land to meet anticipated needs; 2) as a basis for
the EMME/2 Travel Demand Model that will be used to help decide the location of future transportation
improvements; and 3) to update the economic development and city center chapters of the
comprehensive plan. The analysis covers the city limits and the Transportation Analysis Zones (TAZ),
which correlate very closely with the boundaries of the city's Potential Annexation Area.
The analysis is based on the Puget Sound Regional Council (PSRC) forecasts. Federal Way's allocation
of PSRC population growth is 27,400 persons. The analysis concludes that this forecast is too high as a
"most likely" forecast for the Federal Way city limits. It maintains that population growth within the
Federal Way city limits is likely to be about 20,000 persons. The PSRC population forecast for the TAZ
study area and the employment forecasts for both the city limits and TAZ study area is reasonable.
Discussion was held on housing targets. The commission requested a copy of the memo recently sent to
the Land Use/Transportation Committee on housing targets.
The analysis concluded that the city has enough capacity for commercial uses to accommodate the 20-
year employment forecast. According to the analysis, there will be a demand for 11 to 13 percent of
Business Park (BP) zoned land from 2000 to 2020. However, in the year since the data was collected, the
city has experienced a higher than normal interest in developing property within the BP zone. Future
development trends, and thus the absorption rate of BP land, are difficult to predict given the current
economic climate. This is relevant because the three site-specific requests to be discussed on August 15,
2001, are requesting a change from BP to either Community Business or Multifamily.
Ms. Clark also presented the commission with a table of Recent Development in Commercial Districts
that looked at total acres of each zone, vacant acres, acres used, acres in pending projects, and land
remaining vacant. The commission requested a copy of Ms. Clark's presentation.
ADDITIONAL BUSINESS
On August 1,2001, the commission will have a workshop on the 25 percent nonconformance trigger.
Chairman Caulfield will not be available either August 1, or 15.
AUDIENCE COMMENT
None.
ADJOURN
The ~neeting was adjourned at 9:55 p.m.
K\CD Administration File~PLANCOlvl~2001~Meeting Summary 07-1'8-o/,docffLast printed 0912612001 09:00 AM
September 19, 200 l
7.:00 p.m.
(?it3' ot' i.'cdcral Way
I'i,ANNIN(; C()MMISSION
Regular Meeting
City 1 l. all
Council Chambars
MEETING SUMMARY
Commissioners present: John Caulfield, Hope Elder, Nesbia Lopes, Bill Drake, Dini Duclos, and Dave
Osaki. Commissioners absent (excused): Sophia McNeil. Staff present: Colnmunity Development
Services Director Kathy McClung, Senior Planner Margaret Clark, Public Works Director Cary Roe,
Traffic Engineer Rick Perez, Assistant City Attorney Karen Kirkpatrick, and Administrative Assistant E.
Tina Piety.
Chair Caulfield called the meeting to order at 7:00 p.m.
APPROVAL OF SUMMARY
It was m/s/c to accept the summary of August 15,2001, as presented.
AUDIENCE COMMENT
None.
ADMINISTRATIVE REPORT
Ms. McClung asked to wait until the Additional Business section at the end of the meeting.
COMMISSION BUSINESS
PUBLIC HEARING - 2001 Comprehensive Plan Update, continued
It was m/s/c to reconvene the public hearing at 7:02 p.m. Ms. Clark presented the staff report. She gave a
brief explanation of Site Specific Requests #1, 2, 3, 5, 7, and 8, which were discussed at the public
hearing of July 18, 2001. At that hearing, the commission gave recommendations for Site Specific
Requests #1, 2, 3, 7, and 8. They waited on Site Specific Request #5 in order to discuss all projects
pertaining to Business Park (BP) zoned land at the same time.
Ms. Clark stated that there has been a change to Site Specific Request #4, Kitts Corner. In the original
request, as stated in the staff report included in the Planning Commission packet, the applicant had
requested that the comprehensive plan designation and zoning be changed to Multiple Family/RM 2400
for the parcels west of the wetlands. This request has been withdrawn. They are still requesting that the
comprehensive plan designation and zoning be changed to Community Business/BC for the areas east of
the wetlands.
The city has received an application for a U-Haul facility with self-storage on oue of the parcels iucluded
in Site Specific Request #4. This use is permitted iu the current zoning and the proposed zoning.
K\CI) Adminislrat on F esLPLANCO,M\2001U\leelmg Summary 09-19 01 doc
Planning Commission Summary
Page 2
There has been much discussion and concern over whether the city has enough BP zoned land to meet
future needs. In light of this, Ms. Clark spoke to a developer who has a new warehouse/office building in
the vicinity of Site Specific Request/t4. The developer has not been able to locate tenants for this
building. This developer also has building permits for two other buildings in this area. He does not plan
to construct them until tenants are found.
The staff has recommended approval of Request #4 with a Development Agreement. (Ms. Clark
reminded the commission that development agreements are approved by the city council at a public
hearing and the planning commission is not usually involved in that process.) Singe the staff report, staff
has made changes to scope of the development agreement. Staff has concluded it is unlikely there would
be competition between the uses in this area and those in the city center (it is unlikely a use looking for a
city center would be drawn to BC and vice versa). Therefore, the scope of the development agreement
has changed from restricting uses that would compete with the downtown to encouraging a "village"
concept. A village concept would be a mix of housing and retail in smaller buildings. The development
agreement would restrict the size of buildings rather than uses, with the exception of gas stations. Gas
stations would be restricted due to the environmental constraints of the site.'
The commission discussed traffic issues. If the site develops as proposed, there probably would be a
couple of signal access. One commissioner asked if this would mean more changes to South 336th and
Pacific Highway South, which was recently improved. Mr. Perez replied that the improvements were
expected to last 10 years, but this proposal would increase peak hour trips and possible require further
improvements.
Ms. Clark moved on to discuss Site Specific Request #6, Christian Faith Center. She stated that
neighboring residents have expressed many concerns, especially about traffic. In addition to other traffic
issues, the Cedar Creek Homeowners have expressed concern over a road being extended through their
neighborhood (the road would pass through the golf course). Ms. Clark stated that this would happen
.only if the owners should decide to redevelop. She went on to read a letter from Barbara Reid into the
record and said that all the letters the city received in response to the recent mega-church code
amendment have been provided to the commission and are available to the public upon request.
Ms. Clark remarked that she has read in the newspaper recently that interest in industrial land (which is
zoned BP in Federal Way) is down. Another aspect of this request is that the church is searching for a
large parcel of land and there are very few available in the city.
The staff has recommended approval of Request #6 with a Development Agreement. This agreement
would have a clauses stating that only a church could be developed on the site and that within a certain
time line. If this does not happen, the site would revert to BP zoning. The development agreement would
also require that a traffic impact analysis be done.
Ms. Clark moved on to Site Specific Request t/5, Chong Nam Yi. This request had been discussed at the
commission's public hearing of July 18, 2001. The staff recommended denial of the request because
there are industrial uses on the site that are functioning well and they would become nonconforming if
the comprehensive plan designation and zoning change.
The Public Testimony was opened at 7:49 p.m.
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Leonard Schaadt - He represented Campus Gateway Associates and is speaking for 157
partners in favor of Site Specific Request #4, Kitts Corner. When the city incorporated the
zoning of the properties was changed to BP and they have been trying to develop the parcels
ever since with no success. There have been many developers who have researched developing
the site, but none have proceeded because there is no demand for BP uses. Campus Gateway
Associates had commissioned a study a few years ago (when they also sought a comprehensive
plan and zoning change) that looked at the demand for BP land. This study concluded that the
city has a 62-year supply of BP land. He stated that retail in this area would not compete with
the city center because they are different types of retail. In regards to traffic, a supermarket in
this area would likely intercept traffic headed to the city center for groceries, and hence,
improve traffic in the area. In addition, the additional retail would generate tax dollars for the
city. He has no opposition to a development agreement, but noted there are 10 property owners
and it might be difficult to get them all together to agree on a "village" concept. When asked
about the inclusion of residential and exclusion of a gas station, he stated that placing
residential on the west side would make sense, but it would mean pulling the area back into the
request since they have withdrawn the original request to change the comprehensive plan
designation and zoning on the west side. He is not sure residential would work on the east side
since it is so close to Pacific Highway South. He stated that he has a hard time grasping why a
gas station would be excluded since there are good environmental protections now in place
(i.e. underground gas tanks are much less prone to leakage). Commissioner Elder stated that
the environmental concerns are more over groundwater contamination from oil leaking from
cars then leakage from underground gas tanks.
Shirley Gulbraa - She lives across the street from Site Specific Request #6, Christian Faith
Center, and stated there has been confusion over who owns the site, Christian Faith Center or
Weyerhaeuser, because sometimes the request is referred to as Christian Faith Center and
sometimes as Weyerhaeuser. She stated that seeking a site specific comprehensive plan
designation and zoning change seems the tactic of a spoiled child. The neighborhood's
concerns and questions have not changed. Traffic is still a big concern. The city does not seem
to be concerned. The neighborhood has been waiting for traffic bumps, and now she hears
there is no more money available for them. Barbara Reid's letter stated that placing four-way
stops in the area would help. But there are already four-way stops in the area and they do not
help. She also expressed concern that there was little notice on this issue when it was first
proposed back in February.
Gladys Fraser - She commented on Request #6. She agrees with the previous testimony. They
have current traffic problems. She asked what revenues would the city receive from a church?
Ms. Clark replied that there would be some revenue from retail sales at the church, but a BP
use would generate more revenue. Ms. Fraser stated that it is hard to get out onto 336m with a
car, and very difficult to walk across the street. This is the wrong place for the church. There
would be traffic all the time due to church uses. She has no argument with the church, just not
here.
Phyllis Bowman - She lives in Cedar Creek Park and commented on Request #6. She was a
resident of SeaTac and said the church created many problems there. They did not patronize
SeaTac, Tukwila, or the surrounding areas, and will not patronize Federal Way. There is
nothing wrong with the people or the church; it is that they will be using roads that are already
overburdened. It is currently difficult to get onto 324~ northbound. Many people use 20t~'
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O F_"~August 1,2001
Avenue to avoid Pacific Highway South. Some people go 50 to 60 mph in a 25 mph zone. Ms.
Clark commented there are different traffic calming devises the city can use, such as
roundabouts and speed humps, and she would send Ms. Bowman some information on these.
Morgan Llewellyn - He represented Christian Faith Center. He stated that the core of the
church's mission is to help the community and in light of recent events, this is more important
than ever. Concern has been expressed that 5,000 people attended the church. He stated that
not all 5,000 would be present at any one time. They hold two Sunday services that average
2,000 each. They had commissioned a traffic study and he presented a graph that showed that
weekday traffic from a BP use would be much greater that the church use. He also admitted
that the Sunday traffic from the church would be much greater than a BP use and the church
would need to mitigate for that traffic. He announced that the church is proposing to phase the
project. Phase one would be extending 202 Avenue South. Phase two would be the storm
drainage and wetlands. Phase three would be the sanctuary (which would also be done in
stages). Phase four would be the school. Other items, such as the ball fields, would be done in
later phases. He stated that they are listening to the residents' and city's concerns and are
working on mitigating the impacts the church would have. One of the benefits of the
development agreement would be the traffic plan. He said the church helped control traffic in
SeaTac by such things as asking people not to use specific overburdened roads. This is an
environmentally friendly development that would be a benefit to the community. When asked
what the time line is for the'phased development, he responded that the major work would be
completed within a five-year window.
Peter Orser- He also represented Christian Faith Center. He commented that Weyerhaeuser's
vision is the same as the city's, and their relationship with the city and its residents is very
important. They view this as an extension of Weyerhaeuser's East Campus. They believe this
is a complementary use.
Gil Hulsman - He also represented Christian Faith Center. He stated that the church provided
the city with traffic information that compared the church use to that of a distribution center,.
which is a low intensity BP use. This is what the city's traffic analysis is based upon. The
traffic comparison graph that Mr. Llewellyn presented compares the church to all types of BP
uses; hence the differences between them. He stated that if the church waited 20 years, they
would not have to deal with the traffic problems because the city would have dealt with them.
The question is do we do the work now and save the city money by the developer paying for
the work, or wait the 20 years and have the city pay for the work. They have worked with the
Friends of the Hylebos on environmental issues and have reached a compromise. They want to
be the first iow-impact development in Federal Way. He said that much of the land will not be
developed with buildings: 11 percent will go to the widening of 20t~, 27 percent to wetlands,
and 8 percent to sport fields. In regards to generating revenue, the church will pay utility taxes
and some retail tax. In addition, there will be no discount on city permit fees. The church is
making sacrifices for this project. They did not want to extend 20~h Avenue, but are doing so
because it is a city requirement. Commissioner Duclos asked if the Friends of the Hylebos
Board had taken a position on this project? He replied they have not because, as yet, there is no
formal application.
Gary Robertson - He commented on Request #6. He lives across the street from the site and
commented that there as been a lot of talk about guesses and estimates. The fact is that
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problems remain. The church would generate no property taxes and traffic is bad. He stated
336~h is very narrow. What kind of traffic plan could the church propose that would deal with
the traffic? With two services, 2,000 people would be leaving the first service while 2,000
people are arriving for the second. He does not believe any plan could help. Nearby streets will
turn into parking lots and property values will go down. We have been here before with
Overlake Church, which was first in a residential area and was forced to move. The
commission should place more weight on resident's comments because they deal with the
traffic every day.
Glen Sawyer - He commented on Request #6. He does not object to changing the zoning, but
does object to placing such a large facility here. He noted that the traffic figures have come
from the church. He inquired where would traffic calming devices go and how could they
address the volume of traffic? He is concerned over the impact to seniors in the area. This
request has far-reaching impacts, not just within the immediate perimeter.
Commissioner Elder asked the staff if they had obtained an Overlake Church traffic study. Mr.
Perez replied that no follow-up study has been done because the City of Redmond feels the traffic
impacts are as expected.
Commissioner Drake inquired if the site is developed in pieces, would developers take on the cost
of traffic mitigation? Mr. Perez answered that it would depend on the timing of projects and the
ranking of the traffic projects. If a traffic project ranked high enough, the city would take on the
cost of constructing it rather than wait for an applicant to develop the site.
Bernice Kari - She commented on Request #6. She stated the most interesting thing is that
there would be 2,000 people twice a day on Sundays and people who pick up school kids twice
a day during the week. The area cannot handle the traffic.
Elizabeth Kari - She commented on Request #6. She said that she has not seen the protests she
raised during the mega-church code amendment addressed. Traffic calming devices do not
address volume. People will be trapped in their homes on Sunday. She has not heard anything
about how the church would help the neighborhood. Their quality of life will go down and
property values will drop. Saying that the church is better than a chemical plant is scare tactics.
She does not want five years of construction.
Martin Drukan - He commented on Request #6. He commented that in accepting this
proposal, there would be two immediate savings to the city, the widening of 3364 and
signalization at 3364 and 204. He believes that the church would patronize Federal Way. The
bulk of their parishioners live in Federal Way. The Mayor of SeaTac said the church was a
great neighbor. The 2,000 people per service does not mean 2,000 cars. They would come as
families, which means about 500 cars. In addition, there will be three ways in and out, which
means that the traffic would not all be on one street. In addition, there is about one hour
between services. He stated that this is the best and probably only spot in Federal Way the
church could be located.
Elizabeth Karl - She commented on Request #6. She asked if there will only be about 500
cars, why do they need a parking lot for 2,000 cars?
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Ms. Clark commented that the staff has not reviewed the church's phasing plan. They would be
concerned about the length of time for the construction. She also said that the proposal the city has
seen shows 1,944 parking stalls.
The Public Testimony was closed at 9:15 p.m. It was m/s/c to close the Public Hearing at 9:17 p.m.
It was m/s/c (one nay) to approve Site Specific Request #4, Kitts Corner, to change the
comprehensive plan designation and zoning from Business Park/BP to Community Business/BC,
for the areas east of the wetlands, based upon a Development Agreement.
It was m/s/c (unanimous) to deny Site Specific Request//5, Chong Nam Yi, to change the
comprehensive plan designation and zoning from Business Park/BP to Community Business/BC.
Commissioners Lopes and Duclos excused themselves from discussion and voting on Site Specific
Request #6, Christian Faith Center, due to possible conflict of interest.
It was m/s/c (unanimous) to deny Site Specific Request//6, Christian Faith Center, to change the
comprehensive plan designation and zoning from Business Park to Multiple Family- RM 3600
zoning, based upon a Development Agreement.
Commissioner Elder commented that she feels the questions that have come up leave too many
concerns over traffic. Regardless of the city's plans for 20 years from now, traffic would be a mess.
She believes the church would be a good neighbor, but the traffic would be too much of a mess.
There are problems on Pacific Highway South (drugs, etc.) but the church is not the way to solve
them, it needs police intervention. In addition, the city should not require the church to allow the
public to use their facilities.
Commissioner Osaki said that he supported the mega-church text amendment because is would
have required a public hearing before the city's hearing examiner and traffic issues could be dealt'
with. The burden of proof of how traffic problems would be mitigated would have been on the
applicant. A development agreement could be drafted that would address his concerns, but the
commission is in the position of making a decision without seeing the development agreement. He
is not comfortable making a decision without knowing the specifics of what is being recommended.
Commissioner Drake stated that he is concerned about traffic. To do a project as a whole on the site
would have advantages, but the residents' traffic concerns do have merit. He is also concerned
about the loss of revenue. He suggested the church look for a site in the city's Potential Annexation
Area because he feels the church would be a good neighbor, just not at this site.
Commissioner Caulfield thanked the staff and everyone who attended the public hearing. He agrees
with Commissioner Drake about the traffic. The phasing of the project raises some red flags (it does
not sound like the project is fully financed), especially with construction lasting five years. He said
that he was originally under the impression that BP land was needed in Federal Way, but today's
testimony shows that is probably not the case. He does not feel comfortable with the traffic impacts.
The church would be a tremendous addition to the community, but the commission needs to side
with the neighbors and their traffic concerns.
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2001
ADDITIONAL BUSINESS
Ms. McClung announced that the deadline for the Planning Commission vacancy has been extended. The
city has hired a consultant to study the Potential Annexation Area and she is looking for a commissioner
to serve on an oversight committee. The meetings would most likely be held in the evening. The
commission selected Commissioners Elder and Drake. The draft downtown study is due next week.
There will be a developers' forum focusing on the downtown on October 10. The city has sent out over
100 invitations. The appeal on the new high school has been heard and the hearing examiner's decision
should come out next week. Federal Way has been selected for a Washington State Planning Association
Award for the sign program. There will be no Planning Commission meeting the first week of October.
Commissioner Duclos stated she will be on vacation for the second Planning Commission meeting in
October.
AUDIENCE COMMENT
None.
ADJOURN
The meeting was adjourned at 9:45 p.m.
K :\CD Administration Filesh°LANCOMX200 l'uMeeting Summ ar,/0% 19-01 doca2st printed 09/2612001 02 38 P M
Dear MargaretClark,
I talked to you on the phone the other day about the changes in the code requested by
Richard Hanson. It was obvious to me that progress is important to you and you see
nothing wrong with this development. This is my response to the proposal. I wanted you
to see our side. Progress is good but there are so many developments in progress in
Federal Way right now and many, many more are in the proposal stage such as the one
just west of Silverwood. I don't feel it is necessary to ruin our quiet neighborhood at this
point because there are so many more developments you are allowing to be built in
Federal Way.
Can't you in this one instance see the homeowners viewpoint. Look at the
development as progress but choose what is best for the families that have lived there for
years and have enjoyed the quiet, kind neighbors and limit the growth in this small
neighborhood.
Thank you,
Darlene VanMeerten
To Whom It May Concern,
I don't understand why you are even considering changing the code to allow the
lots to be 9,600 square feet instead of 15,000 square feet. If anything, you should change
the code to require the minimum size lot on this property to be increased.
My reason for this, is the fact that 9th avenue S. W. is a dead end, one way private
street that the smallest existing lot is 1 acre and the majority of the lots are 2 ½'heres. It
does not make sense that you would even consider allowing the lots to be smaller that the
existing code allows.
You don't need to allow this in our neighborhood. You have allowed cluster
housing in the Silverwood devel0pmem. ~You have allowed the Rosewood development
and there is already a proposal for a development to the west of Silverwood.
You also need to consider our small one way private roadway. A stream that
feeds into Hylebos flows under our road on 9th S.W. and just around the comer on 368th.
The additional traffic could cause real problems. Even if a road is put through from
Silverwood to this new development, there will be many people taking a shortcut down
the back way to 1st avenue. Our small private road can't handle the extra wear and tear
Federal Way improved the west end of 356th street and an area right by Highway
99 on 356th and also 348th street. But it only amounted to a band-aid.' As a matter of fact,
the traffic problems are 10 times worse because you have permitted contractors to build
thousands of homes in our area. You need to be working on the traffic problems, not
working on adding to the traffic problems.
Please, this one time, think of the people and the quality of life in our
neighborhood and not the tax dollars the extra homes and people in our
neighborhood will generate.
The teachers in the Federal Way school district teach our children how important
it is to preserve our wetlands because they control flooding and to save our trees becahse
they create oxygen. Then the CiD' of Federal Way lets the contractors cut down all the
trees and build all around the wetlands.
What does this teach our children??? Does Federal Way
really care about the wetlands and Hylebos and the trees???
Think about it!!!!
Thank You,
Darlene VanMeerten
36510 9th Avenue S. W.
Federal Way, WA 98023
City of
City of Federal Way
City Council
33530 First Way South
Federal Way, WA 98063-9718
Re: Zoning change requested by John Nguyen to change the Comprehensive Plan
Designation and zoning of 0.71 acres located South of S. 308th St. and West of 14~'
Avenue South fi.om professional office (PO) to Multifamily and RM 1800 (one Unit per
1,800 square feet)
May 2, 2001
Dear Council Members:
On Monday April 23rd, 2001 the Lake Easter Estates Condominimn Homeowners
Association Board of Directors passed a motion against the rezoning as stated above.
We represent the 44 unit owners of our Homeowner's Association.
Please make this part of the public record.
Thank You,
Caroline J. Keamey
Secretary, Lake Easter Estates BOD
1225 S. 308 St.
Federal Way, WA 98003
./-" Cc: Dept. ofConun. Devel
From:
To:
Date:
Subject:
Linda Kochmar <LKochmar@lakehaven.org>
"'david.moseley@ci.federal-way.wa.us'" <david.moseley@ci.federal-way.wa.us>
7/23/01 10:31AM
FW: Thanks
David,
Could someone respond to these concerns?
Thanks,
Linda
I2.
> .... Original Message .....
> From: Bill & Sally Skaflestad [SMTP:aswskaf@earthlink.net]
> Sent: Sunday, July 22, 2001 6:59 PM
> To:' Linda. Kochmar@ci.Federal-Way.wa.us
> Subject: Thanks
>
> To my Elected Officials,
> Council
Adam Smith, Representative, US Congress
(Mayor)
Tracey J. Eide, Senator, 30th district
Kochmar (Dep-Mayor)
Mark Miloscia, Representative, 30th district.
Maryann Mitchell Representative, 30th district
Burbidge
Peter yon Reichbauer, King County Councilmember
Hellickson
Federal Way City
Mike Park
Linda
Mary Gates
Jeanne
Michael
Eric Faison
Dean McColgan
References used come from:
"Federal Way Comprehensive Plan & Potential Annexation Area" sections
8.0 thru 8.6.
"City of Federal Way 2001 Comprehensive Plan File No. 01-102585-00-SE;
file number CPA99-0014."
Reason:
The City of Federal Way has kindly proposed to strip away nature and
obliterate another neighborhood. It is best to read the City's proposal
rather than have me explain it. If you are unable to obtain a copy of
this I will be more than happy to mail you a copy of mine.
"City of Federal Way 2001 Comprehensive Plan File No. 01-102585-00-SE;
> file number CPA99-0014. Site Specific Request: Jerry Jackson.
> Location: North of S 320th Street and east of I-5. Presently this area
> has King County Comp Plan of Commercial Outside of Center and Urban
> Residential (4-12 dwelling units per acre) and zoning of Office
> and R-4 (Residential, four units per acre). Request is for a Federal
> Way Office Park and OP."
>
> Why do I write?
> Good question. Guess I just have this need to once again show
> how an American, NOT a Democrat or Republican, is getting the Royal
> treatment from a government entity.
> I do not recall being consulted about this, in accordance with LU31,
> Section 8.2 of the Federal Way Comprehensive Plan & Potential Anne:~'~
> Area. Oonsulting people who do not live in the area does not count. This
> area has changed since 1991 and your meetings on the development of this
> area should reflect the current residents of this area.
> Who will be impacted?
Only 20 or so FAMILIES! I can't speak directly for my neighbors.
Nature itself.
Some issues you have advocated:
Expressed in this section are the impressions I've been given. They may
not be what you really meant. So if I'm mistaken, please forgive my
ignorance. Accept my apologizes for misunderstanding your intentions.
Some of you have said that the environment is important and
that it shouldn't be destroyed.
Some of you have said that education and the family are
important.
Some of you have expressed concerns about crime and the
decline
of our neighborhoods.
Some of you have expressed concerns that guns should be outlawed.
How do these issues impact the area?
The environment: Nature has developed this area quite nicely.
When we come home from a long, tax paying day, we can relax in our yards
and look at nature's animals, trees and beauty. Our kids can play under
and in this environment; which is much better than playing in a concrete
atmosphere.
Education & Family: If a child is being taught a concept about
what little nature we have left, is it not great to have an area for the
parents to take the child so they can get further hands-on learning?
Would not this also give the entire family quality time together? We
have this!!!!!! By raping the land for personal profit benefits some but
what about us who have to endure the aftermath.
Crime & Quality neighborhoods: How many of you will live in
crime infested areas? By building you will invite crime. Please do not
be ignorant on this. Crime goes where the money goes. By introducing
this element into our neighborhood we will have higher volumes of
traffic; which increases the possibility of our loved ones being killed.
Of course if I write to you about conditions in my neighborhood after my
> child's death, I feel you will be more willing to help. I can give you
> all kinds of examples of how this will destroy our area, but you've
> heard it all before, I'm sure.
> Outlawing of guns: The popular band wagon issue over the past few
> years
> has been getting rid of guns. The main reason is that they kill. Well my
> elected officials you are the guns and my neighborhood is under your
> assault. How do I defend myself from your brutal attack? How can I
> protect my neighborhood when the govenering body, made up of "law
> abiding" citizens, uses crafty words & philosophy instead of guns. Both
> are deadly when placed in the wrong hands. Both are devastating to
> people. The only difference is how it's packaged & reported to the
> public at large.
> What do I expect you to do?
> We are only a handful of constituents. We do not comprise enough
> votes
> to impact your election or re-election into office.
> I do not belong to high profile organizations which I can call upon
> for
> support or lobby you endlessly.
> You don't live in this impacted area. Therefore you have no
> personal stake. Nor do I believe you have good friends who live in the
> area. How can I say this? You're not knocking on my door asking what we
> as neighbors can do to stop this.
> You will tell me this has to be dealt with at the City level.
> Yes this is true. Do you not live in 30th district? If this happens in
> your neighborhood what will you do? With whom would you talk to get it
> stopped? What resources could you bring to bear, because of your
> position in society, to stop this?
> Revenue. Yes!!! Money for the City of Federal Way. Due to the
> proposed regional responsibilities for up-keeping roads, money is
> needed. People will get angry if new taxes are proposed for this. (we
> will be taxed anyway) 1-695 took away money and I'm sure cities are
> hurting for funding. What a good way to recoup lost revenue. I'm sure
> other issues are at play here.
> A statewide planning goal: "Reduce sprawl. Reduce the inappropriate
> conversion of undeveloped land into sprawling, Iow-density development."
> Is this statement contradictory? What does sprawl mean? Does this
statement mean that any undeveloped land is to be stripped away for the
city to exploit? Where is the concern for the environment? It is easy
to preach about the deforestation of the rain forests and overlook our
own urban development plans to strip the land of all nature for the sole
purpose of monetary gain.
The biggest reason for this is PAAP12, Section 8.6 of Federal Way
Comprehensive Plan & Potential Annexation Area. "The city will require
owners of land annexing into Federal Way to assume their proportion of
existing City bonded indebtedness". All government entities spend MY
money with NO accountability to me. Yes me! You send me no quarterly
report on how you are spending my money. I have to take the time off of
work to run around to get what information I can. You are accountable to
ME the taxpayer.
Where does this leave us?
Some of us are dealing with the city.
Margaret Clark, Senior Planner, has been contacted for the staff report
that was made available to the public on July 11th. Aisc, there is an
appeal process for "any person aggrieved of the city's final
determination" to file an appeal with the city by 5:00 p.m. on August 1,
2001. Inquiries were made about the appeal process. Request for the
minutes of the 7/18/2001 meeting were made. Inquiry was made to see if
one needed to physically visit the office to gather the requested
documents. This will be difficult because we are working parents. This
letter does not reflect the information that is contained in repods
being mailed to us.
Nothing. L~
2_.
Why do I expect you to do nothing? _
> My concerns:
> KCC 21A.44.040 Conditional use permit. ~
> Pads A thru D & G, with special attention to Pad G whic,, '~-.~
> states:
> "The conditional use is such that pedestrian and traffic associated with
> the use will not be hazardous or conflict with existing and anticipated
> traffic in the neighborhood." Who is making this decision? Has a Traffic
> Impact Analysis been done by the Health & Associates, Inc. for this
> proposal? I can tell you the impact, but it will go on deaf ears. Money
> talks!!!!!!!!!. By the way, South 316th Street is classified as a
> residential access street per the King County Aderial Map. Any proposed
> development to this area requires a traffic impact analysis before King
> County can authorize a building permit. Has this been done? Show me in
> writing please. Show me that 32nd ave s. coming in from 320st. will dead
> end before it reaches 316th st.. If 32nd ave s is to become a through
> fare then higher traffic volumes will be placed on 316th st. I do not
> see this addressed anywhere. This will result in the higher possibility
> of death among our residents. How? People will use
> 316th st as a shod cut to get around the increased number of traffic
> lights on 320th.
> KCC21A. 12.220 Nonresidential land uses in the residential zones. '
> Pads A thru F with special attention to G which states:
> "Building
> illumination and lighted signs shall be designed so that no direct rays
> are projected into neighboring residences or onto any street
> right-of-way. (Ord. 11802 & 5, 1995; Ord. 11621 &44, 1994; Ord. 10870 &
> 359, 1993)" Who determines this? Does some engineer decide that the
> buildings are far enough away to comply with these zoning regulations?
> What if I feel they are an abomination? I look out my kitchen window &
> see nature. I relax in my yard with the sights and sounds of nature. Why
> must you enslave my senses to non-natural surroundings?
> KCCP Policy U-508. Our existing residential character is urban. What
> little nature we have left surrounds us. How are you going to be
> compliant with this policy?. Who are you to determine that the impact is
> not devastating to our neighborhood?
> Has an impact study been done on the increased noise volume?
> My hope:
> That our neighborhood remains in-tact. That all of my elected
> officials
> look closely at and enact the "Undeveloped Land/Open Space Areas" under
> Federal Way Comprehensive Plan & Potential Annexation Area, Section
> 8.3, Parks and Recreation.
> That you all will come to your sences and realize that the amount of
> land to be developed is small in comparison to it's surrounding wetlands
> and 200ft setback.
>
> If an appeal requires filing, a lawyer will be needed FAST. This means
> money out of our pockets.
> What will happen? (Reality)
> The city will get it's way. MONEY has never stood in the way of
> the environment, families or neighborhoods. A few will profit, many will
> not be impacted and a few will pay.
> You! The government, will posture and make appeasement speeches.
> In the end our little corner of heaven will be destroyed so the
> government can get it's money. The land maybe occupied by private
> business but YOU the government will have blessed it. Yes the government
> will be the winner along with whomever got greased green. Our little
> garden of Eden will become "The Divine Comedy".
William and Sally Skaflestad
3226 S. 316th Street
Auburn, WA 98001
July 29, 2001
Kathy McClung
Director of Community Development Services
33530 First Way South
P.O. Box 9718
Federal Way, WA 98063-9718
CC'
Elected Officials,
Adam Smith, Representative, US Congress
Tracey J. Eide, Senator, 30th district
Mark Miloscia, Representative, 30th district.
Maryann Mitchell Representative, 30th district
Peter yon Reichbauer, King County Councilmember
Federal Way City Council
Mike Park (Mayor)
Linda Ko.chmar (Dep-Mayor)
Mary Gates
Jeanne Burbidge
Michael Hellickson
Eric Faison
Dean McColgan
Subject: File # CPA99-0014, request by Jerry Jackson
Dear Ms. McClung,
I was unable to attend the City of Federal Way Planning Commission meeting on July 18,
2001. Senior Planner, Margaret Clark, kindly mailed me the notes from the meeting in a
very prompt and efficient manner. I appreciate her high quality customer service. After
reviewing the documents discussed at the meeting, I have the following concerns:
In accordance with the State Environmental Policy Act (SEPA), Chapter 43.2 lC RCW,
the environmental impacts of a proposal must be considered before making decisions that
impose adverse impacts on the quality of the environment. Because Mr. Jackson's
request involves "Non-Project Actions", i.e., to change the zoning of the specified area
from King County and Urban Residential to the City of Federal Way and Zoning of
Office Park, most of the environmental impact questions are not addressed. As a
homeowner adjacent to the proposed annexation area, I will answer some of these
environmental questions from my perspective.
A.6.
Proposed timing or schedule:
I request notification of the City Council's Land Use and Transportation
Committee CLUTC) presentation to the full Council which is anticipated to occur
in September/October 2001.
comments.
I request that this be open to the public for
Environmental Elements
1. Earth
What type of clearing is planned? Which access route does the developer
plan to use to bring in heavy construction equipment? This could
significantly tear up surrounding lands and adversely affect the
neighborhood environment. It is not clear what the developer plans along
32nd Avenue South. This area faces the 18 homes of the Courtney Downs
housing development.
2. Air
The proposed area is a dense, naturally wooded area adjacent to 1-5.
Removal of these trees to construct an office park will significantly increase
the automobile emissions seeping into our neighborhood.
4. Plants
This does not address what kind and the amount of vegetation that will be
removed or altered. Of specific interest is the area to the north of the
northern most proposed office building and to the east of all proposed
buildings. This is the area that the homeowners will have to view. There
are no proposed landscaping plans included in the material.
5. Animals
There are a variety of hawks, eagles, quails, songbirds, etc., that populate
the area in question and will be impacted by the removal of the naturally
wooded area.
7. Environmental Health
Removal of trees to construct the buildings will create an open area for
wind gusts to come through and threaten to uproot existing trees on
neighboring residential property.
b. Noise.
Without the trees as our buffer, the noise from 1-5 will significantly
increase. This has already impacted an area just North of the proposed
area. Since that area was cleared, the noise level from freeway traffic rose
significantly. (Refer to King County CUP Report and Decision; File No.
L99CU307, Midway Christian Center, page 12, h.)
8.1. Land Use, and measures to ensure the proposal is compatible with
surrounding land uses and plans.
The northeast section of the Jackson Parcel is adjacent to the Courtney
Downs housing development. Courtney Downs has established Covenants,
c.,
Conditions and Restrictions (CC&Rs), recorded under the Plat of
Everettsville, King County, auditor's file #9505310216. The office park
proposal must be compatible with the Courtney Downs community.
10.b. Aesthetics
Specifically, what view will be established along 32nd Ave. South, facing
the Office Park? Currently, the view is a dense, green, naturally wooded
area. This is what attracted us to purchase our houses and live in this
country-like setting so close to the city.
11. Light and Glare
What type of light and glare will an office park generate?
SITE SPECIFIC ANALYSIS
Background: The applicant had grading related code violations on file with King County.
9.5 acres owned by All American Homes was cleared and graded without the required
county and state permits. "A portion of the disturbed area included the wetland and steep
slopes." Although a Notice of Code Violation and other King County enforcement action
took place, the applicant is allowed to continue with his proposed development of the
area? What kind of punishment is this?
Access:
What exactly is the proposed access? From Exhibit A, page 23 of 37, of the City of
Federal Way Memorandum, 2001 Comprehensive Plan Update, dated July 8, 2001, it
appears that Weyerhaeuser Way will be the main access route. The map also implies that
32nd Avenue South will open up as another possible access route to 320th Street. 320th
street already has a traffic signal intersection from 320th onto 32nd Ave. S., although at
the present time, this is a dirt road that goes up a steep hill. Currently, Weyerhaeuser
Way ends at 320th Street and does not extend North past 320th. A Traffic Impact
Analysis must be conducted to address the affect this will have on the neighboring
residential community. 316th Street is not an "improved right-of-way". Per the King
County CUP Report and Decision, File No. L99CU307, page 8, "South 316th Street is
classified as a residential access street per the King County Arterial Map." South 316th
Street is NOT capable of handling business traffic traveling to and from an office park at
the same peak hours of the day that our children are walking to and from school on a
narrow street with no sidewalks! The King County CUP Report also states on page 10
that any road improvements along 32nd Avenue South "would be in conflict with KCC
21A.24 due to existence of a Class 2 wetland and stream along a large portion of this
right-of-way corridor."
If my interpretation of "right-of-way" is not correct, please inform me of the correct
definition.
Projections for Population and Employment:
The report references a July 2000 Market Analysis indicating the greatest demand is for
"future build office space". Does this market analysis include all of the new office space
currently being constructed along the south side of 320th (Weyerhaeuser Way and 32nd
Ave South)? How many jobs are being proposed by these office spaces? What about the
Weyerhaeuser OP-zoned area adjacent to the North Side of 320th and South of the Fire
Station? The report claims that designating the Jackson Parcel as Office Park will result
in an increase of approximately 480 jobs. Where will the people who occupy these
approximately 480 jobs live? Wouldn't it be environmentally sound to offer nearby
housing to reduce traffic congestion and encourage walking and/or biking to work?
The July 8, 2001 City of Federal Way Memorandum regarding the 2001 Comprehensive
Plan Update, refers to Federal Way City Code (FWCC), Section 22-529, Factors to Be
Considered in a Comprehensive Plan Amendment. I will also reference applicable King
County Codes. KCC 21A.44 040 Conditional use permit shall be granted by the County,
only if the applicant demonstrates that:
· The conditional use is designed in a manner that is compatible with the physical
characteristics of the subject property;
· The conditional use is not in conflict with the health and safety of the community;
· The conditional use is such that pedestrian and vehicular traffic associated with the
use will not be hazardous or conflict with existing and anticipated traffic in the
neighborhood.
I hope that the City of Federal Way will continue to notify all owners living along S.
316th Street and 32nd Ave. South (including S. 314th Place, S. 312th Place, and S. 312th
Street), of site-specific requests regarding the Jackson Parcel. We expect timely
notification of all public hearings by the Planning Commission and all public meetings
held by the City's Land Use/Transportation Committee and the City Council. As your
report states, "Public input by neighbors normally result in recommendations that benefit
the neighborhood and city."
Thank you for allowing me to voice my concerns.
Sincerely,
William and Sally Skaflestad
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, ADOPTING AMENDMENTS
TO THE CITY'S GROWTH MANAGEMENT ACT
COMPREHENSIVEPLAN AND ADOPTING AMENDMENTS TO
THE CITY'S ZONING MAP.
WHEREAS, the Growth Management Act of 1990, as amended, (Chapter 36.70A RCW or
"GMA") requires the City of Federal Way to adopt a comprehensive plan which includes a land use
element (including a land use map), a housing element, a capital facilities plan element, a utilities
element and a transportation element (including transportation system map[s]); and
WHEREAS, the GMA also requires the City of Federal Way to adopt developmentregulations
implementing its Comprehensive Plan; and
WHEREAS, the Federal Way City Council adopted its Comprehensive Plan with land use map
(the "Plan") on November 21, 1995, and adopted development regulations and a zoning map
implementing the Plan on July 2, 1996; and subsequently amended the Comprehensive Pl~tn and
zoning map on December 23, 1998, and September 14, 2000; and
WHEREAS, under RCW 36.70A. 130, the Plan and development regulations are subject to
continuing review and evaluation, but the Plan may be amended no more than one time per year; and
WHEREAS, the City may consider Plan and development regulation amendments pursuant to
Article IX, Chapter 22 of the Federal Way City Code (FWCC); and
ORD # ., PAGE I
WHEREAS, in September 2000, the City of Federal Way accepted applications for site-specific
changes to the Plan's land use map and the City's zoning map, and considered amendments to the
Plan's land use map and the City's zoning map; and
WHEREAS, on July 4, 2001, the City SEPA Responsible Official issued a Determination of
Nonsignificance on the proposed site-specific changes to the Plan's land use map and the City's
zoning map; and
WHEREAS, the proposed site-specific changes to the Plan's land use map and the City's
zoning map address all of the goals and requirements set forth in the Growth Management Act; and
WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council
committees, and full City Council has received, discussed, and considered the testimony, written
comments, and material from the public, as follows:
1. The City's Planning Commission considered the requests for site-specific
changes to the Plan's land use map and the City's zoning map, and considered the
proposed amendments, at public hearings held on July 18, 2001, and September 19,.
2001, following which it approved and recommended adoption of certain of the
requested site-specific map changes and denial of others;
2. The Land Use and Transportation Committee of the Federal Way City
Council considered the requested site-specific changes to the Plan's land use map
and the City's zoning map on October 1,2001, following which it recommended
adoption of certain of the requested site-specific map changes and denial of others;
and
ORD # _, PAGE 2
3. The full City Council considered the matter at its meetings on __., 2001,
and __., 2001; and
WHEREAS, the City Council desires to adopt certain of the requested site-specific changes to
the Plan's land use map and. the City's zoning map.
NOW, THEREFORE, the City Council of the City of Federal Way, Waslfington, does hereby
ordain as follows:
Section 1. Findings.
A. The proposed amendments to the Comprehensive Plan land use map, set forth in Exhibit
A attached hereto, are compatible with adjacent land uses and surrounding neighborhoods, and will
not negatively affect open space, streams, lakes or wetlands, or the physical environment in general.
They will allow for growth and development consistent with the Plan's overall vision and with the
Plan's land use element household and job projections, and/or will allow reasonable use of property
subject to constraints necessary to protect environmentally sensitive areas. They therefore bear a
substantial relationship to public health, safety, and welfare, are in the best interest of the residents of
the City, and are consistent with the requirements of RCW 36.70A, the King County Countywide
Planning Policies, and the unamended portion of the Plan.
B. The proposed amendments to the Zoning Map set forth in Exhibit A attached hereto, are
consistent with the applicable provisions of the Comprehensive Plan and the Comprehensive Plan
land use map proposed to be amended in Section 2 below, bear a substantialrelationto public health,
safety, and welfare, and are in the best interest of the residents of the City.
ORD # , PAGE 3
Section 2. Comprehensive Plan Map Amendments Adoption. The 1995 City of Federal
Way Comprehensive Plan, as thereafter amended in 1998 and 2000, including its land use element
map, copies of which are on file with the Office of the City Clerk, hereby are and shall be amended
as set forth in Exhibit A attached hereto. A copy of Exhibit A is on file with the Office of the City
Clerk and are hereby incorporated by this reference as if set forth in full.
Section 3. Zoning Map Amendments Adoption. The 1996 City of Federal Way Official
Zoning Map, as thereafter amended in 1998 and 2000, is hereby amended as set forth in Exhibit A, a
copy of which is on file with the Office of the City Clerk and which documents are hereby
incorporated by this reference as if set forth in full.
Section 4. Amendment Authority. The adoption of Plan amendments in Sections 1 and 2
above is pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to
FWCC Section 22-537.
Section 5. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
Section 6. Savings Clause. The 1995 City of Federal Way Comprehensive Plan, and 1996
Zoning Map, as thereafter amended in 1998 and 2000, shall remain in force and effect until the
amendments thereto become operative upon the effective date of this ordinance.
ORD # ., PAGE 4
Section 7. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Section 8. Effective Date. This ordinance shall take effect and be in force five (5) days
from and after its passage, approval, and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this ,2001.
day of
CITY OF FEDERAL WAY
ATTEST:
Mayor, Mike Park
City Clerk, N. Christine Green, CMC
APPROVED AS TO FORM:
City Attorney, Bob C. Sterbank
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
I:k01COMPPLANkLUTCkAdoption Ordinance.doc/09/26/'2001 I 1:21 AM
ORD # , PAGE 5