LUTC PKT 11-06-2000November 6, 2000
5:30 pm
City of Federal Way :'
City Council . ":'
Land Use/Transportation Committee ~' ....
City Hall
Council 'Chambers
2.
3.
4.
MEETING AGENDA
CALL TO ORDER
Approval of Minutes of the October 9, 2000, Meeting
PUBI TC COMMENT (3 minutes)
BUS[NESS 1TEMS
A. Resolution SeaTac Flight Paths
B. 11th Place Storm Drainage Project
Acceptance
C. South 298th Street Vacation
D. Applewood Plat Detention Pond Quit
Claim Deed
E. Rosewood Pre-Plat
F. Silverwood Pre-Plat
G. Cluster Subdivision Staff Report
Plan Field Trip
H. Adult Use Code Amendment
FUTURE MEETING AGENDA ~TEMS
2000 King County Comprehensive Plan
Update
Aciont Fewins/15 min
Action Miller/10 min
Action Salloum/10 min
Action Miller/10 min
Action Harris/15 min
Action Harris/15 min
Information McClung/15 min
Info/Action
McClung/? min
6. ADJOURN
2001 Planning Commission Work Program
Sign Update
Corem~tree Members:
Ph/I Watkins, Cha/r
Jeanne Burbidge
Dean McColgan
I:\LU-TRANS\Nov 6, 2000 LUTC AGN.doc
city 5talL'
Kathy McClung, Act/ng D/rector, Commun/ty Development Services
Sandy L y/e, Admin/strative Ass/stant
253.661.4116
oCtOber' 9, 2000 .... :'..
5:30 pm,,
City of Federal Way ,....
City Council'
Land Use/TransportatiOn Committee:.
· :.,,..'" " City Council...
i~,.. ... Council Chambers
MEETING SUMMARY
In attendance: Committee members Jeanne Burbidge and Dean McColgan; Deputy Mayor Linda
Kochmar; City Manager David Moseley; Interim Director of Community Development Services Kathy
McClung; Public Works Director Cary Roe; Acting Deputy City Attorney Pat Richardson; Management
Services Director Iwen Wang; Deputy Director of Public Works Ken Miller; Principal Planner Greg Fewins;
Street Systems Manager Marwan Salloum; SWM Manager Paul Bucich;Traffic Engineer Rick Perez;
Senior Planner Lori Michaelson; SWM Water Quality Coordinator Darla Wise; Assistant to the City
Manager Derek Matheson; Administrative Assistant Sandy Lyle.
1. CALL TO ORDER
Committee member McColgan called the meeting to order at 5:34 pm.
APPROVAL OF MINUTES
The minutes of the October 2, 2000, meeting were approved as presented.
PUBLIC COMMENT
There was no public comment on any item not included in the agenda.
4. BUSINESS ITEMS
Jackson 10% Petition -
Jerald L. Jackson, All American Homes, Inc., submitted a Notice of Intent to Petition for
Annexation, constituting the 10% petition stage of the direct petition method of
annexation under state law. The petition was previously denied due to an unlawful
clearing of the 9 parcels, 30.59 acres, north of south 320th, south of South 312th and
between 1~5 and 32nd Avenue South. Susie Horan of Coldwell Banker Realty Company
reported that previously cleared wetlands were being replanted in native species. The
Committee m/sic recommendation of approval to the City Council of the 10% petition with
the stipulation that all restoration work be complete and inspected by King County prior to
the City council public hearing on the formal (60%) annexation petition.
Puget Sound Reqional Council (PSRC) Draft ElS/Metropolitan Transportation Plan
Update - The 2001 Metropolitan Transportation Plan (MTP) update provides an
opportunity to reflect updated population, employment and travel forecasts, and to
incorporate regionally significant programs and provisions that have been developed
since the 1995 MTP was adopted. The Committee m/sic recommendation of approval to
the City Council of a draft comment letter, with edits, in response to the Metropolitan
Transportation Plan Alternatives Analysis and Draft Environmental Impact Statement to
be finalized and forwarded to the Puget Sound Regional Council by the end of the
comment period on October 20, 2000.
Hylebos Creek Restoration and Land Acquisition Plan - Salmon have been spotted in the
Hylebos Creek for the first time in thirty years. Stream restoration efforts appear to be
working. The Committee authorized the Surface Water Management Division of Public
Works to utilize Capital Improvement Project stream restoration funds for West Hylebos
Creek land acquisition and restoration as opportunities arise along the stream corridor
and to identify additional funding sources with which to partner on West Hylebos Creek
land acquisition and restoration efforts.
Courtyard Village Development Agreement Time Extension - During the 1998
Comprehensive Plan amendment process, Larry Draper's site-specific request to
eliminate SW 341st Place from the Comprehensive Plan in exchange for a extension of
19th Avenue SW was approved. His building site was divided by SW 341st Place. A
Developer Agreement was negotiated requiring Mr. Draper to acquire, construct, and
dedicate to the City the extension of 19th Avenue SW. The planned extension of 19th
Avenue SW runs from the east property line of the Twin Lakes park-and-ride to the south
property line of the proposed Courtyard Village site. The work was to be completed by
September 2000 and the terms of the original agreement remain advantageous to the
City. The Committee m/sic recommendation of approval to the City Council at the
November 7, 2000, meeting of a four-year extension of the original Developer Agreement
with all other terms remaining unchanged.
Federal Way School District New Hiqh School Sanitary Sewer Easement - The
Committee m/sic recommendation to the City Council at its November 7, 2000, meeting
to approve the grant to Lakehaven Utility District of a 15-foot wide sanitary sewer
easement along the west property line of Tract A of the Plat of Nine Firs.
South 312th Street Easement Vacation -The initial design of South 312th Street in 1996
included a drainage vault that was to be placed in the parking lot of the old Metropolitan
Bank. Based on costs and the existing drainage system conditions, it was decided to
route the drainage south along Pacific Highway South. The current property owner is
requesting to purchase the drainage easement back from the City since it was not used
for the project. The Committee m/sic recommendation to the City Council to approve
vacating the 1,845.19 square foot drainage easement on the old Metropolitan Bank
property, subject to current market value of the property.
Cluster Subdivision Photos, Plan Field Trip - The Committee viewed slides of small lot
housing in developments in Federal Way, Snoqualmie, DuPont, Sumner and Des
Moines. The slides depicted the types of challenges and issues that will be addressed in
the City's own Cluster Subdivision Code. At the November 6, 2000, LUTC meeting a staff
report will be presented that will describe the types of housing seen in the slides and the
Committee will discuss the issue further. The Committee expressed interest in seeing the
sites in Des Moines and Sumner. A later date will be selected for a field trip for the
Council and Committee to view examples of cluster housing.
FUTURE MEETINGS
The next meeting will be held in Council Chambers at 5:30 pm on November 6, 2000.
ADJOURN
The meeting adjourned at 7:30pm.
I:\LU-TRANS\Oct 9,00 LUTC sum.doc
MEMORANDUM
DATE:
TO:
FROM:
VIA:
RE:
October 23, 2000
Land Use/Transportation Committee (LUTC)
Phil Watkins, Chair
Greg Fe~, Principal Planner
David~~anager
Resolution Seeking Equity in Aircraft Departures from Seattle-Tacoma International
Airport
Recommendation
Land Use/Transportation Committee recommend City Council adoption of the draft resolution.
Background
Attached as exhibit A is a draft resolution seeking equity in the direction of aircraft departing from
Seattle-Tacoma International Airport CSea-Tac Airport"). The content of this resolution was
developed and adopted by the Des Moines City Council. By way of letter, the City of Des
Moines Mayor requests that other affected cities consider adopting similar resolutions (refer to
exhibit B).
At the request of Chair Watkins, a similar resolution has been drafted and forwarded to the Land
Use/Transportation Committee for consideration. Content and data contained in the Des Moines
resolution has been verified. Only minor modifications have been incorporated into the attached
draft resolution.
The purpose of the resolution is to highlight the fact that aircraft departures occur more than
twice as frequently to the south as they do to the north of Sea-Tac Airport. Federal Aviation
Administration regulations regarding wind speed and visibility as well as coordination between
Sea-Tac Airport and Boeing Field do not justify the currently disproportionate number of flights
departing to the south. By equalizing north-south aircraft departures, the number of southerly
departures can be reduced by more than 70,000 per year, or nearly 200 per day. Port of Seattle
staff considered this issue with the recent Part 150 Noise Study and did not forward the matter to
the Port of Seattle Commission for further consideration.
If adopted by the City Council, the resolution would be distributed by cover letter under the
Mayor's signature to Airport Community Coalition cities, other area cities, Port of Seattle
Commission and staff, Federal Aviation Administration staff, local newspapers and others as
directed by City Council.
Exhibits
A
B
Draft City of Federal Way Resolution
August 15, 2000 City of Des Moines Letter and Resolution
d 17:departure~eso3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, seeking equity for all residents of
communities surrounding Seattle-Tacoma International Airport.
WHEREAS, those who live near the flight path of any airport know that noise and air
pollution are many times worse when planes are taking off overhead than when landing, and
WHEREAS, air traffic at Seattle-Tacoma International Airport flows to the south more
than twice as frequently as to the north, and
WHEREAS, as a result of this imbalance residents south of Seattle-Tacoma International
Airport are subjected to more than twice as much noise, fuel pollution, and exposure to the
potential of air traffic incident, and
WHEREAS, as a result of this imbalance residents south of Seattle-Tacoma International
Airport suffer more than twice the distraction in our schools, more than twice the interruption in
our sleep, our conversations, our recreation, and our train of thought and more than twice as
much intrusion into the peaceful enjoyment of our lives, and
WHEREAS, Federal Aviation Administration ("FAA") regulations require airplanes to
take offinto the wind only when wind speed exceeds five (5) knots, a condition which occurs less
than half of the time from southerly directions at Seattle-Tacoma International Airport, and
Res. # , Page 1
EXHIBIT
WHEREAS, "low visibility" conditions sufficient to require use of Seattle-Tacoma
International Airport's landing light system, which in turn requires south traffic flow rarely occur,
and
WHEREAS, regional flight considerations dictate coordination between Seattle-Tacoma
International Airport and Boeing Field, but should not dictate south flow as a routine, and
WHEREAS, by equalizing the north-south traffic flow, the number of take-offs suffered by
residents south of the airport can be reduced by more than seventy thousand (70,000) per year or an
average of nearly two hundred (200) per day, and
WHEREAS, Port of Seattle staff did consider this issue through the Seattle-Tacoma
International Airport Part 150 Study and did not forward a recommendation to the Port of Seattle
Commissioners for consideration; now therefore,
NOW THEREFORE, THE CITY COUNCIl. OF THE CITY OF FEDERAL WAY
HEREBY RESOLVES AS FOLLOWS:
Section 1. The Port of Seattle, the FAA, and the King County Airport (Boeing Field)
should equalize the intrusion of airplane take-offs upon residents surrounding the airport by ensuring
an even fifty-fifty distribution in air traffic flow to the north and south.
Res. # , Page 2
Section 2. 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 3. Ratification. Any act consistent with the authority and prior to the
effective date of the resolution is hereby ratified and affirmed.
Section 4. Effective Date. This resolution shall be effective immediately upon passage
by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this day of ,20
CITY OF FEDERAL WAY
ATTEST:
MAYOR, MIKE PARK
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
INTERIM CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
Res. # , Page 3
EXHIBIT .....
RESOLUTION NO.
dl7:departurereso2
Res. # , Page 4
August15,2000
Mike Park, Mayor
City of Federal Way
33530 1st Way S.
Federal Way, WA 98003
Dear Mayor Park:
· RECEIVED BY
fNITY DEVELOPMENT DE
AUG 2, 9 2000
I am writing you on behalf of the City of Des Moines, and in suppod of south-end citizens who are
seeking fairness in balancing of north-south air traffic flow out of Seattle-Tacoma International
Airport.
The City of Des Moines recently passed a Resolution addressing this issue (copy enclosed). I am
hopeful you will consider a similar Resolution, as well as other ways in which you might support us.
In a nutshell, here is the issue:
Residents who live anywhere near the airport know that noise and air pollution are many times
greater when planes are taking off than when landing. But did you know that air traffic take-offs
occur more than twice as frequently to the south as they do to the north? This imbalance greatly
affects our south end residents. Impacts include distraction of our children in our schools, and
interruption of our sleep, conversations, recreation, and train of thought. In additien to these
quality-of-life issues, there are economic impacts, as well. Our property values are lower--as
much as 47% lower--and the cause has been credibly linked to impacts from the airport.
Why the unequal flow to the south?
At some times FAA regulations conceming wind speed and Iow visibility, as well as the need for
flight coordination between Sea-Tac and Boeing Field, require take-offs to the south. However,
these factors do not justify anywhere near the present two-to-one south flow! In fact, we can
document that all of the above factors combined still should require that flights take off to the south
only about half the time.
Printed on Recycled Paper
Mike Park, Mayor
City of Federal Way
August 15, 2000
What can we gain?
By equalizing north-south traffic flow, the number of take-offs suffered by residents south of the
airport can be reduced by more than 70,000 per year, an average of nearly 200 per day!
How can you help?
Cities and School Districts can help us address this matter in a significant way. By passing a
Resolution you will expand public awareness of this issue and endorse a cooperative approach
between the Port of Seattle, the FAA, and King County Airport.
The goal is fairness regarding the impacts of air traffic on residents at both ends of the airport.
Please consider passing such a resolution in your city/district. And call me to let me know how we
can best work together on this.
Sincerely,
Scott Thomasson, Mayor
City of Des Moines
EXHIBIT__.
RESOLUTION NO. 881
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES
MOINES, WASHINGTON, seeking equity for all residents of
communities surrounding Seattle-Tacoma International Airport.
WHEREAS, anyone who lives anywhere near the flight path
of any airport knows that noise and air pollution are many times
worse when planes are taking off overhead than when landing, and
WHEREAS, air traffic at Seattle-Tacoma International
Airport flows to the south more than twice as frequently as to
the north, and
WHEREAS, as a result of this imbalance residents south of
Seattle-Tacoma International Airport are subjected to more than
twice as much noise, fuel pollution, and exposure to the
potential of air traffic incident, and
WHEREAS, as a result of this imbalance residents south of
Seattle-Tacoma International Airport suffer more than twice the
distraction in our schools, more than twice the interruption in
our sleep, our conversations, our recreation, and our train of
thought and more than twice as much intrusion into the peaceful
enjoyment of our lives, and
WHEREAS, FAA regulations require airplanes to take off
into the wind only when wind speed exceeds five (5) knots, a
condition which occurs less than half of the time from southerly
directions at Sea-Tac, and
WHEREAS, "low visibility" conditions sufficient to
require use of Sea-Tac's landing light system, which in turn
requires south traffic flow rarely occur, and
WHEREAS, regional flight considerations dictate
coordination between Sea-Tac and Boeing Field, but should not
dictate south flow as a routine, and
WHEREAS, by equalizing the north-south traffic flow, the
number of take-offs suffered by residents south of the airport
can be reduced by more than seventy thousand (70,000) per year
or an average of nearly two hundred ~200) _per day; now
therefore,
THE CITY COUNCIL OF THE CITY OF DES MOINES RESOLVES AS FOLLOWS:
The Port of Seattle, the FAA, and the King County Airport
(Boeing Field) should work toward equalizing the intrusion of
airplane take-offs upon residents surrounding the airport. The
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Resolution No. 881
Page 2 of 2
overriding goal should be an even 50/50 distribution in air
traffic flow to the north and south.
ADOPTED BY the City Council of the City of Des Moines,
Washington this 6th day of April, 2000 and signed in
authentication thereof this 6th day of April, 2000.
MAYOR
APPROVE~ AS TO FORM:
City'~t ~°F'r~ey '
ATTEST:
City Clerk
EXHIBIT.. ............ ..
CITY OF ~
DATE:
TO:
FROM:
VIA:
SUB3ECT:
October 24, 2000
Phil Watkins, Chair
Land Use and Transportation Committee
Ken Miller, Deputy Public Works Director
David H. Mo~nager
AG00-153;
Acceptance
11TM Place South Drainage Improvements Project- Final Project
Background:
The referenced project has been completed and the contractor is now requesting release of the retainage
associated with the project. Prior to release of retainage on a Public Works project, the City Council must
accept the work as complete to meet State Department of Revenue and State Department of Labor and
Tndustries requirements.
The final construction cost for the 11~ P/ace South Drainage Improvements project was $72,999.00 which is
$15,442.10 below the approved construction contract budget of $88,441.10 (including 10% construction
contingency).
Recornmendation:
Staff recommends that the following be placed on the November 21, 2000 Council Consent Agenda for
approval:
Accept the 11t~ Place South Drainage Improvements project in the amount of $72,999.00
as complete;
2. Authorize release of contract retainage to C A Goodman Construction Company, Inc..
K:\LUTC\2000\11 PI S Storm Drain Pipe Repair Project-Final Acceptance.doc
C~TY OF ~
DATE:
TO:
VIA:
FROM:
SUBJECT:
October 31, 2000
Phil Watkins, Chair
Land Use and Transportation Committee
David H. Mo ager
Marwan Salloum,-Street Systems Manage
South 298th Street Vacation Request
BACKGROUND
As part of the Tresden Place Plat being developed by Sound Engineering, the City of Federal Way, in
conjunction with reviewing the proposed plat, has requested that South 298th Street be reconfigured so
that it intersects perpendicular to Military Road and connects directly across Military Road to a
continuation of South 298th Street. As a result, the property owners are requesting that the existing
alignment of South 298th Street be vacated outside of the proposed right of way. See the vicinity map in
the attached staff report for the exact location.
Sound Engineering is developing the property which abuts the areas requested to be vacated, and is
reconstructing South 298th Street as a two-lane roadway, with curb and gutter, sidewalks, streetlights,
landscaping strips, etc. Granting the vacation as part of the reconstruction of South 298th Street would
provide for better road design and street connection to Military Road.
The petitioners have met all the applicable mandatory criteria, as well as the discretionary criteria
required for granting the vacation request. See the attached staff report for further details. Staff
recommends granting the vacation request.
RECOMMENDATION
Staff recommends placing the following items on the November 21, 2000 Council consent agenda:
1) Authorization to proceed with the street vacation request for South 298th Street.
2) Approval of the Resolution to fix the date and time of the public hearing, to be at the Council
meeting on December 19, 2000 at 7:00 p.m.
3) Approval of the street vacation request at the public hearing with the following conditions:
a) The property will be exchanged for property in which the re-aligned street will be located.
b) All existing utilities within the right of way area to be vacated must be relocated into the
new right of way or a utility easement must be granted over existing utilities.
c) The street vacation is subject to the completion of construction and City acceptance of the
new street alignment.
MS: jlf
k:\lutc\2000\298stvac.doc
Public Works Department
City of Federal Wa,,,
33530 1st Way South
Federal Way, WA 98003
F:IECEIVED Applicant:
Name:
JUL 2 1 2000
Address:
~U~LDING DEPT.
Phone:
Street and/or Alley Vacation Application and Petition
Dear Mayor and Federal Way City Council:
We, the undersigned abutting property owners, hereby respectfully
_port±ons of 298th hereby be vacated. (GeneraILocation)
request that certain
Brief Statement Why Va~;a~;ion iS Be!nq Souqh~
The Cityof Federal Way is requiring the relocation of 298th as
shown in order to facilitate a better road design and better 90%
connection from 298th to Military Road. This reconfiguration
also allows for two additional single family residences to be
built on the vacated right of way.
Required Attachments
~ 1. Verification as to ownership:
Copy of deed/contract, supported by Kihg County tax roll description,
- oro
,J~urrent title repo~rt __
Corporation/Partnership
P~f of individual's authority to sign on behalf of Corporation/Partnership shall be submitted.1
Attach a color-¥oded map of ~ scale of not less than 1" ,. 200' of the area sought for vacation.
(NOTE: Map must correspond with legal description.}
Abutting Property Owners'
Signatures and Addresses
Tax Lot #
Lot, Block & Plat/Sec. Twn. RG
Treasurer's Receipt No.
Appraisal Fee Paid
Land Value Paid
Deed Accepted
'l:rade Accapted
Treasurer's Receipt No.
Treasurer's Receipt No.
Date:
Date:
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TRESDEN PLACE PRELIMINARY PLAT LAYOUT
A PORTION OF THE NE 1/4 OF SE 1/4 OF
SEC. 4, TWP. 21N., RGE 4 E., W.M. KING COUNTY, WA
r68380 0300
2655
660250 001'
29811
104 9080
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726320 0040
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2807
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City of Federal Way
STAFF REPORT
TO THE LAND USE AND TRANSPORTATION COMMITTEE
PETITION FOR VACATION OF A PORTION OF SOUTH 298TM STREET
Federal Way File No. 00-103966-000-00-SV
DATE: October 31, 2000
PROPOSED ACTION:
Petition for vacation of a portion of South 298tn Street
PETITIONER:
Sound Engineering, Inc.
LOCATION:
See attached vicinity map, legal description and vacation map
REPORT PREPARED BY: John Mulkey, Street Systems Engineer
RECOMMENDATION:
Grant Vacation
I. BACKGROUND
Sound Engineering has petitioned the City to vacate a portion of South 298th Street, to the east of Military
Road. See the vicinity map, legal description (Exhibit A), and accompanying map of the area to be vacated
(Exhibit B) for exact location. The right-of-way width in the area requested for vacation and re-alignment is
sixty (60) feet. The existing intersection of South 298th Street and Military Road is offset, with the western
portion located approximately eighty (80) feet to the north of the eastern portion. The street vacation is being
sought as a means to align the intersection of South 298th Street perpendicular to Military Road, and locating
the intersection directly across Military Road from a continuation of South 298th Street. This vacation is
being requested as part of a proposed development consisting of forty-six (46) lots north of South 298th
Street, and two (2) lots south of the proposed re-alignment of South 298th Street. The re-alignment of South
298th Street will allow for the two additional single-family residences to be built in the vacated right-of-way.
There are two (2) properties located on the eastern end of South 298th Street, which do not abut the right-of-
way area to be vacated, but require South 298t~ Street for access. There is one property to the South of 298th
Street abutting the area to be vacated, which also requires South 298th Street for access. The access to these
properties will be maintained through the re-alignment of South 298th Street.
II. COMPLIANCE WITH CRITERIA DESCRIBED IN THE CITY OF FEDERAL WAY
ORDINANCE NO. 91-107
A. Mandatory Criteria:
The following criteria are mandatory and must be met before a petition for a street vacation may be
approved:
Criteria #lA - The vacation provides a public benefit or is for a public benefit. The benefit may
include economic or business support that the community as a whole derives from the
abutting property owner.
October 31, 2000
S 298th Street Vacation Staff Report
Page 2
The re-alignment and vacation of South 298th Street will locate the roadway so that the intersection is
perpendicular to Military road and aligned directly across Military Road from a continuation of South 298th
Street. These improvements will bring the intersection into compliance with safety standards of the city of
Federal Way, which allow the intersection angle to deviate from ninety (90) degrees by a maximum of
fifteen (15) degrees. The current intersection angle deviates from ninety (90) degrees by approximately
twenty-eight (28) degrees. The relocation of the South 298th Street to a position directly across from the
continuance of South 298th Street also eliminates conflicting movements for drivers who would travel
through the intersection to the east or west. It would eliminate two (2) tuning movements, allowing drivers
to proceed straight through the intersection. This is especially important with the expected increase in traffic
expected from the development of this area to approximately two hundred (200) vehicles per day. This re-
alignment has been requested by the Traffic Division as part of the approval process for this development.
Criteria #lB - The street, alley or portion thereof is no longer required for public use.
The street will be re-aligned with a new right-of-way location, not abandoned. Therefore this criteria is not
applicable. Utilities will need to be relocated or an easement granted through the property if current
locations are to be maintained.
Criteria #lB - The vacation does not abut a body of water, such as a river, a lake, or salt water, except
for a public purpose such as a park or port facility and which reverts to a public authority.
This right-of-way is not located in the vicinity of a body of water, therefore this criteria is not applicable.
B. Discretionary Criteria:
Compliance with the following criteria is not mandatory, but the Council must consider them in making its
decision.
Criteria #2A - The vacation meets the intent of the City's Comprehensive Plan's general purposes and
objectives.
The City's Comprehensive Plan has a requirement of a sixty- (60) foot right-of-way for this classification of
roadway, which is what is called out in the proposed plans for the development. The re-aligned roadway
will provide access to the proposed development, which will be the construction of forty-eight (48) new
homes. The development will be high-density single family, as per the zoning criteria laid out in the City's
Comprehensive Plan.
Criteria #2B - The vacation provides for an exchange of public property in the public interest.
The right-of-way will be re-aligned so the property will be exchanged for property in which the street will be
located in an improved, safer location.
Criteria #2C - Whether conditions may so change in the future as to provide a greater use or need than
presently exists.
Because the vacation is for re-alignment of South 298th Street to a new location, not abandonment, the
proposed vacation will provide for improved, safer future use to the area east of Military Road. Although the
City's Comprehensive Plan does not call for the placement of an underpass beneath Interstate 5 along South
298th Street at this time, the proposed intersection re-alignment would make such an option more viable. By
re-aligning the intersection of South 298th Street and Military Road, the proposed re-alignment would
provide for continuous straight movement through the intersection, eliminating two (2) tuning movements as
is currently required.
October 31, 2000
S 298th Street Vacation Staff Report
Page 3
Criteria #2D - Whether objections to the proposed vacation are made by owners of private property
(exclusive of petitioners) abutting the same.
The two (2) property owners abutting the proposed vacation, Dick Butko and Chanthaboun Phasavath, have
both signed the Street and/or Alley Vacation Application and Petition and have raised no objections.
Criteria #2E - The vacation wouM not interfere with future development or access to other existing or
future developments.
Because the vacation of South 298th Street is proposed for re-alignment to an improved, safer location, not
abandonment, access to existing and future development would be improved, not diminished by the re-
alignment and vacation of the right-of-way. Access to properties east of Military Road along South 298th
Street must be maintained throughout the construction of the new roadway. Existing utilities, including
water, gas, overhead power, cable, and telephone, must be either relocated or granted an easement through
the property before vacation is allowed.
III. RECOMMENDATION
All criteria as set forth in Ordinance 91-107 for granting a street vacation have been met. The completion of
the re-alignment of South 298th Street will allow for the exchange of property with the vacation of the portion
of South 298th Street. Staff recommends the petition for street vacation of a portion of South 298th Street,
east of Military Road, be granted under the condition that the above noted utilities are either relocated or
granted easements through the property, and the re-location of South 298th Street is completed and accepted
by the City.
k:\streets\vacation\south 298th street\staff report 298th.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, REGARDING VACATION
OF A PORTION OF SOUTH 298TH STREET IN THE
VICINITY OF THE INTERSECTION OF SOUTH 298TH
STREET AND MILITARY ROAD, SETTING A PUBLIC
HEARING FOR THE STREET VACATION.
WHEREAS, a proper petition has been filed requesting
vacation of a portion of South 298th Street, as it approaches
Military Road from the East as described in Exhibit "A", a vicinity
map that identifies the proposed vacation and the legal description
for the vacation; and
WHEREAS, the petition contains the signatures of the
owners of at least two-thirds of the property abutting the portion
of South 298th Street proposed to be vacated; and
WHEREAS, the Petitioners are applying for plat approval
and are proposing the vacation in order to dedicate property
adjacent to the proposed vacation for purposes of realigning South
298th Street, so that the realigned street intersects Military Road
at a right angle and is aligned directly across Military Road from
the west extension of South 298TM Street; and
WHEREAS, the resulting realignment of South 298th Street
will serve the public interest by removing turning movements for
Res. # , Page 1
automobiles traveling on South 298th Street as it crosses Military
Road and also by enhancing site distance at the intersection by
providing for a perpendicular intersection;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY HEREBY RESOLVES AS FOLLOWS:
Section 1. A public hearing on the aforesaid vacation
petition shall be held at the regular meeting of the Federal Way
City Council at 7:00 p.m. on December 19, 2000, in the Council
Chambers in the City Hall, 33530 1st Way South, Federal Way,
Washington. Said hearing date is not more than sixty (60) nor less
than twenty (20) days after the date of the passage of this
resolution.
Section 2. The City Clerk shall give at least twenty
(20) days notice of the hearing and cause the notice to be posted
as provided by law.
Section 3. The Public Works Director shall obtain the
necessary approval or rejection of, or other information from the
City departments, affected agencies, and utilities, fire and police
agencies, and shall transmit such information to the City Council
so that the matter can be considered by the City Council at the
public hearing on December 19, 2000.
Res. # , Page 2
Section 4. Severabilit¥ 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 , 2000.
CITY OF FEDERAL WAY
ATTEST:
MAYOR, MIKE PARK
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
Res. #__, Page 3
INTERIM CITY ATTORNEY, ROBERT STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
k: \reso\vacate. tresden
Res. #__, Page 4
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TRESDEN PLACE PRELIMINARY PLAT LAYOUT
A PORTION OF THE NE 1/4 OF SE 1/4 OF
SEC. 4, TWP. 21N., RGE 4 E., W.M. KING COUNTY, WA
EXHiBiT
DATE:
TO:
FROM:
VIA:
SUBJECT:
November 6, 2000
Phil Watkins, Chair
Land Use and Transportation Committee
Ken Miller, Deputy Public Works Director
David H. M~anager
Quit Claim Deed for Tract A of the Plat of Applewood
BACKGROUND
In December of 1992, King County transferred 39 plat drainage tracts to the ownership of
Federal Way. Last year in 1999 it was discovered that one of these drainage tracts was in the
Plat of Applewood, which is not inside the Federal Way city limits. The City requested that
King County correct the tract ownership and the attached letter and quit claim deed were
received from them.
Since the drainage tract was quit claimed to the City by mistake, and the tract is not inside the
City limits, staff recommends re-conveying the property back to King County as requested.
RECOMMENDATION
Staff recommends placing the following items onto the November 21, 2000 Council agenda for
approval.
Re-conveyance of Tract A of the Plat of Applewood for drainage purposes back to
King County.
Authorize preparation of a Resolution for Council's consideration and provide that the
Council meeting serves as the required Public Hearing.
k:\lutc\2000\quit claim plat of applewood.doc
King Coun .ty
Proper~ Services Division
Department of
Construction and Facilities Management
King County Administration Building
500 Fourth Avenue Room 500
Seattle, Washington 98104
(206) 296-7470
TDD (206) 296-0100
FAX (206) 296-0196
RECEIVED
JUN 2 6 2000
FEDERAL WAY PUBLIC WORKS
ADMINISTRATION DMSION
June 23,2000
Jeff Pratt, P.E., Surface Water Manager
City of Federal Way
33530 1st Way So.
Federal Way, WA 98003
RE: Tract A - Applewood
Dear Mr. Pratt:
In December 1992, a number of tracts were transferred to the City of Federal Way for drainage
purposes. One of the properties Included in the transfer was a drainage tract located outside
the City of Federal Way boundaries. This error was brought to our attention last year and a
letter subsequently forwarded to the City (see attached).
In order for the property to be retumed to King County ownership, the City of Federal Way
must quit claim the parcel back to King County. To assist the City with the re-conveyance, we
have prepared a Quit Claim Deed for the City's review. If the Deed meets with the City's
approval, please have the appropriate party sign the Deed and return it to my attention for
recording.
Please contact me at (206) 296-7494 if you have any questions. Thank you for your
assistance.
Sincerely,
Carol J. ThoMpson, Inventory & Sales Officer
CT
Enclosures
Filed For Record At Request Of
AFTER RECORDING RETURN TO:
K.C. Property Services Division
500A King County Admin. Bldg.
500 Fourth Avenue
Seattle, WA 98:[04
QUIT CLAIM DEED
GRANTOR: City of Federal Way
GRANTEE: King County
LEGAL -: Tract A, Applewood '
TAX No.: 02S130-0340
The Grantor, the CITY OF FEDERAL WAY, a municipal corporation of the State
of Washington, for and in consideration of mutual benefits, receipt of which is hereby
acknowledged, conveys and quit claims unto the Grantee, KTNG COUNTY,
WASHTNGTON, a political subdivision of the State of Washington the following
described real estate, situated in King County, Washington, together with all after
acquired title of the Grantor herein:
Tract A, Applewood, as recorded in Volume :[42 of Plats,
pages 56 - 59, records of King County, Washington.
This parcel was inadvertently included within that certain Deed between King County,
as Grantor, and the City of Federal Way, as Grantee, as recorded under Recording
No. 92:[231:[858, and is being re-conveyed to King County.
King County shall have full and complete responsibility for the operation,
maintenance, repairs, and any improvements to the site.
DATED this day of ,2000.
CITY OF FEDERAL WAY
By:
Title:
STATE OF WASHINGTON)
)ss
COUNTY OF KING )
! certify that is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument, and acknowledged it as the
of to
be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
DATED
NOTARY PUBLTC in and for the State
of Washington, residing at
My appointment expires
k:\contract\2000\king co quit claim deed - applewood.doc
CITY OF FEDERAL WAY
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
MEMORANDUM
To:
FROM:
VIA:
RE:
Date:
Phil Watkins,
Jim Harr~
David Mosj~
City Council Land Use and Transportation Committee
~hair
>r Planner
~Xager
Preliminary Plat of Rosewood Lane
Application No. SUB98-0004 (Related File No. SEP98-0036)
October 31, 2000
STAFF RECOMMENDATION
Staff recommends the Land Use and Transportation Committee forward to the City Council a
recommendation approving the Rosewood Lane preliminary plat with conditions, based on the
findings and conclusions in the October 9, 2000, Hearing Examiner Report.
II.
SUMMARY OF APPLICATION
The applicant requests approval of a nine-lot residential subdivision, as provided for under Federal
Way City Code (FWCC) 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 October 9, 2000, the Federal Way Hearing Examiner issued a report and recommendation
(enclosed) to approve the proposed preliminary plat. The Hearing Examiner's recommendation
includes conditions as recommended by staff. The Examiner's recommendation was issued
following consideration of a staff report (enclosed) and testimony presented at a September 25,
2000, public hearing subject to the following conditions:
City Council Land Use and Transportation Committee
Preliminary Plat of Rosewood Lane
Page 2
October 31, 2000
Final plat approval shall require full compliance with drainage provisions set forth in the
FWCC. Compliance may result in reducing the number and/or location of lots as shown on the
preliminary approved plat.
Drainage plans and analysis shall comply with the 1998 King County Surface Water
Design Manual (KCSWDM) and amendments adopted by the City of Federal Way. City
of Federal Way approval of the drainage and roadway plans is required prior to any
construction.
The runoff control facilities are constructed on-site, and the plat layout revised, they shall
be located in a separate tract, landscaped to allow for maintenance and dedicated to the
City. Locating the drainage on-site may require re-review of the preliminary plat
application, and may trigger a new preliminary plat application.
Co
Stormwater quality treatment shall be provided using the basic water quality menu
options of the 1998 KCSWDM, as amended by the City of Federal Way. Eighth Avenue
SW and SW 36ffh Street shall be retro fitted to provide water quality in accordance with
the FWCC.
Do
The off-site Bellacarino Tract A, or other over-excavation, shall be designed and
constructed in accordance with the KCSWDM to accommodate the additional runoff
volume from the Rosewood development. Alternatively, the applicant may utilize the
City's proposed SW 356th Regional Detention Facility, if established prior to the
applicant's construction of Rosewood plat improvements and if the use of the Regional
Detention Facility is approved by the Public Works Director.
E. The applicant has voluntarily proposed and preliminarily designed the Silverwood Tract
A storm drainage pond to accommodate the Rosewood Lane preliminary plat.
F. The Bellacarino Woods Pond shall be fenced with a six-foot chain link fence (black,
vinyl-coated) Type 1, and landscaped.
The applicant shall be required to construct all storm drainage improvements necessary to
mitigate all identified conveyance problems that are impacted by the Rosewood Lane plat,
whether existing at the time of preliminary plat approval or resulting from the plat's
development, as identified during engineering plan review, as required by the Public Works
Director. Engineering approval shall not be granted if it is determined that proposed mitigation
is not adequate to address the impacts of the project.
Prior to issuance of construction permits, a final landscape plan, prepared by a licensed
landscape architect, shall be submitted to the City for approval, and shall include the following
elements:
City Council Land Use and Transportation Committee
Preliminary Plat of Rosewood Lane
Page 3
October 31, 2000
A. Street trees in the right-of-way landscape planter strips; and
B. Tree preservation plan.
4. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS),
as amended by the City of Federal Way for this project, including the following requirements:
Sixth Avenue SW along the frontage of the project shall be improved as a Minor
Collector, half-street improvement. Improvements can be accommodated within the
existing 60-foot right-of-way. The existing pavement shall be extended to provide 18 feet
of width from the existing centerline of the right-of-way, and improved with a vertical
curb and gutter, four-foot planter strip, street trees, streetlights, and six-foot wide
sidewalk and appropriate transitioning tapers at each end.
SW 361st Street shall be improved as a local street, which includes 52-foot wide right of
way and 28-foot pavement width. Vertical curb and gutter, four-foot planter strips, and
five-foot wide sidewalks shall be provided on both sides of the street. Streetlights and
street trees shall also be provided.
C. All streets shall have a minimum pavement section of three inches Class B asphalt over
six inches of crushed surfacing to support the traffic loads.
Clearing for the construction of the plat improvements shall be generally consistent with the
clearing limits depicted on the Preliminary Utility, Clearing, and Grading, Sheet 2 of 2, that
was prepared by the applicant for the preliminary plat process. The clearing limits referenced
above are the approximate clearing limits necessary for road and utility installation and may be
modified with the approval of the Community Development Services and Public Works
Departments during final engineering plan review as required to reflect changes in road and
utility designs, if any. Any clearing and grading necessary for lot development will be done at
the time of house construction on the lots.
V. PROCEDURAL SUMMARY
September 1, 1998 Date of application for Rosewood Lane 9- lot subdivision.
October 30, 1998 Date application determined complete.
November 4, 1998 Notice of application issued.
February 17, 2000 Environmental determination issued.
City Council Land Use and Transportation Committee
Preliminary Plat of Rosewood Lane
Page 4
October 31, 2000
March 17, 2000
Environmental determination appeal submitted by Charles Connon and
Bernard Mottershead as co-appellants.
March 20, 2000
Environmental determination appeal submitted by Michael Gendler,
representing Roy Parke.
July 17, 2000
Notice of August 7, 2000, Public Hearing issued on preliminary plat review
and environmental appeal.
August4,2000
Hearing Examiner continues Public Hearing until September 25, 2000, at
applicants request.
September 20, 2000 Michael Gendler on behalf of Roy Parke withdrew environmental appeal.
September 25, 2000
Hearing Examiner Public Hearing.
(Pursuant to FWCC Section 22-126, the Hearing Examiner issues a
recommendation to the City Council.)
October 9, 2000
Hearing Examiner issues recommendation of conditional approval of
preliminary plat to the City Council and denies environmental appeal.
November6,2000
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].)
VI. DECISIONAL CRITERIA
Pursuant to FWCC Section 20-127, the scope of 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 FWCC
Section 20-126(c), as noted below:
1. Consistency with the Federal Way Comprehensive Plan;
2. Consistency with all applicable provisions of the Federal Way City Code, 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
City Council Land Use and Transportation Committee
Preliminary Plat of Rosewood Lane
Page 5
October 31, 2000
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 3-8, of the Hearing Examiner's report and recommendation.
VII. COUNCIL ACTION
By action approved by a majority of the total City Council, and pursuant to FWCC Section 20-
127(c), the City Council may, after considering the Hearing Examiner's recommendation, adopt or
reject the recommendation; and may require or approve a minor modification to the preliminary
plat, pursuant to FWCC Section 20-127(d). Enclosed is a draft resolution recommending approval
of the proposed application as recommended by the Hearing Examiner. Subject to a
recommendation by the Land Use and Transportation Committee, this resolution will be included in
the November 21, 2000, City Council agenda packet.
EXHIBITS
mo
HEARING EXAMINER REPORT AND RECOMMENDATION, OCTOBER 9, 2000
STAFF REPORT TO HEAR1NG EXAMINER, AUGUST 7, 2000*
CITY COUNCIL DRAFT RESOLUTION FOR PRELIMINARY PLAT APPROVAL
* Note: Not all copies of staff reports include all exhibits as listed. A full packet including all exhibits to the Hearing
Examiner is located in the City Council office.
L :\C SDC~OCS\SAVE\91741507 .DOC
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF: )
)
PRELIMINARY PLAT OF ROSEWOOD LANE )
)
)
PROCESS IV )
)
FWHE# 00-12
SUB98-0004
I. SUMMARY OF APPLICATION
The applicant requests preliminary plat approval to allow a 9 lot residential lot cluster
subdivision as provided for under Federal Way City Code (FWCC) Chapter 20,
Subdivisions; and requiring approval pursuant to FWCC Section 20-110.
I1. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
September 25, 2000
October 9, 2000
At the hearing the following presented testimony and evidence:
1. Jim Harris, Senior Planner, City of Federal Way
2. Cary Roe, Director of Public Works, City of Federal Way
3. Bob Sterbank, Deputy City Attorney, City of Federal Way
Tom Barghausen, applicant, Nova Star Development, Inc., 18215 72n~ Ave.
South, Kent, WA 98032
5. Terry Brink, attorney for applicant, P.O. Box 1157, Tacoma, WA 98401
6. Charles Connon, appellant, 35530 6th Ave. SW, Federal Way, WA 98023
7. Bernard Mottershead, appellant, 708 SW 357th St., Federal Way, WA 98023
8. Ronald Lilley, 35615 6th Ave. SW, Federal Way, WA 98023
Patricia Owen, 926 SW 356t' St., Federal Way, WA 98023
EXHIBIT_
10. Michael Rutter, 36619 6"* Ave. SW, Federal Way, WA 98023
11. David Moore, 35817 10th Ave. SW, Federal Way, WA 98023
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
Staff Report with all attachments
Rosewood Lane Staff Report and attachments
Environmental Appeals
Power Point Presentation
Letter from John Davis
Letter from Alma Bennett
Revised conditions
Letter from Ray Parke withdrawing appeal
HSPF Analysis dated 8-3-00 (revision)
Poster board of SW 356t~ storm water facility
Terry Brink's Letter Memorandum
Letter from David Kaplan
Drawings for Silverwood submitted by Terry Brink
Drawings for Rosewood Land submitted by Terry Brink
Letter from Department of Fish and Wildlife dated December 2, 1999
Charles Connon's comments
Photos submitted by Barghausen Engineering
Wide angle photo submitted by Bernard Mottershed
2
o
19. Large photos submitted by Barghausen Engineering
20. Petition submitted by Michael Rutter
21. Bernard Mottershead's supplemental submission
22. Exhibit showing pipe under 356th St.
23. Document - Affidavit of Distribution
24. Sign Installation Certificate
25. Document Affidavit - September
26. Page 1-57 of the 1998 Surface Water Manual
27. Page 1-35 of the 1998 Surface Water Manual
28. Public Notice (yellow sheet) published on City Hall doors
III. FINDINGS
The Hearing Examiner has heard testimony, admitted documentary evidence into
the record, and taken this matter under advisement.
The Community Development Staff Report sets forth general findings, applicable
policies and provisions in this matter and is hereby marked as Exhibit "1" and
incorporated in its entirety by this reference.
A Mitigated Environmental Determination of Nonsignificance (MDNS) was issued
by the City of Federal Way for the proposed action on February 17, 2000. This
determination was based on review of information in the project file, including the
environmental checklist and final staff evaluation of the SEPA checklist, resulting
in the conclusion that the proposal would not result in probable significant adverse
impacts on the environment, provided the applicant complies with the mitigation
measures in the MDNS. The City received two timely appeals of the SEPA MDNS.
Pursuant to FWCC Section 20-115, the SEPA appeal hearing and preliminary plat
application were held simultaneously.
All appropriate notices were delivered in accordance with the requirements of the
Federal Way City Code (FWCC). While the environmental appellants challenged
the notice, exhibits in the record establish that the City properly published, posted,
and mailed notice of the hearing originally scheduled in August in the month of July.
Following the Examiner's continuance of the hearing based upon the applicant's
request, the City posted a notice on the doors of City Hall advising of the
continuance and setting forth the new hearing date and time. The City also mailed
a new notice of the time and date of hearing to all property owners within 300 feet
of the site and to parties of record.
The applicant has a possessory ownership interest in a rectangular, 4.71 acre parcel
of property abutting the west side of 6th Ave. SW, south of its intersection with S.
356th St. within the City of Federal Way. The parcel abuts 6t~ Ave. for a distance of
328 feet and is 625 feet in depth. The applicant requests preliminary plat approval
to allow subdivision of the site into nine single family residential lots with a minimum
lot size of 17,955 square feet, a maximum lot size of 20,471 square feet, and an
average lot size of 19,124 square feet. Access to all lots will be provided by a new
road extending between 6th Ave. and the west property line. The road will be
extended west into the proposed preliminary plat of Silverwood.
The proposed preliminary plat is consistent with the Federal Way Comprehensive
Plan which designates the site and parcels to the north, south, and east as Medium
Density Single Family. The comprehensive plan designates parcels to the west as
Single Family High Density. Surrounding uses include vacant parcels and single
family dwellings on larger lots.
The applicant submitted an application for preliminary plat approval on October 6,
1998, and the City deemed the application complete on November 3, 1998.
While environmental appeals were filed challenging the issuance of the MDNS for
Rosewood Lane, and while significant storm water issues were raised, the concerns
were directed to the much larger Silverwood plat to the west and are discussed
more thoroughly in the report and decision addressing said plat.
Conditions of approval require the applicant to construct storm drainage facilities in
accordance with the 1998 King County Surfacewater Design Manual (KCSWDM)
and City's amendments thereto. The City Public Works Department has reviewed
the applicant's preliminary storm drainage Technical Information Report (TlR)which
proposes to collect and convey water through a series of pipes and catch basins
into a storm water facility located at the northeast corner of the Silverwood plat.
Storm water will discharge from said pond through a natural drainage swale to a
closed depression located in Tract A of the Bellacarino Woods subdivision. The
applicant has obtained permission from the owner of Tract A to overexcavate the
pond to accommodate the Rosewood Lane storm drainage. The applicant has
acquired property adjacent to Tract A and may also excavate said property to
accommodate the increased storm water runoff from both Silverwood and
10.
11.
12.
13.
14.
Rosewood Lane.
The Alderwood gravelly sandy loam soils underlying the site are capable of
supporting urban development and exhibit slow runoff and slight erosion hazards.
The topography of the site includes a minor rise from north to south, but no steep
slopes or other geologically hazardous areas. The heavily wooded site supports
primarily second growth forest consisting of conifer and broad leaf trees with a
dense understory of native shrubs. The applicant proposes to clear vegetation
necessary to allow road and utility construction.
Terra Associates, Inc., a qualified wetlands expert, determined that wetlands do not
exist on the site or.within 100 feet of the site, and the City's wetland consultant
agreed with the reports. Terra Associates, Inc., also conducted a series of wildlife
and habitat evaluations and determined that no priority wildlife species reside on the
site. The State Department of Fish and Wildlife (DFW) Priority Habitat and Species
Map shows no record of threatened, endangered, or sensitive species of wildlife
within two miles of the site. However, concerns were raised by a nearby property
owner regarding the possibility of a red tailed hawk nest on the site and the
elimination of its foraging area. DFW responded to the concern in a letter dated
December 2, 1999, (Exhibit "15") pointing out that the red tailed hawk is not a
recognized priority species and that the active nest is on neither the Rosewood
Lane or Silverwood parcels. The City and the applicant also determined that if
endangered salmon are present in the Hylebos watershed, the development of
Rosewood Lane will not create adverse impacts.
The preliminary plat map reflects no open space tracts and the applicant has
proposed to pay a fee in lieu of providing an on-site recreation area in accordance
with the requirements of the FWCC.
The applicant will provide full street improvements for the internal plat road which
will bisect the site from east to west and provide access to the Silverwood plat.
Street improvements will include five foot wide sidewalks on both sides of the street,
curbs, gutters, landscaping, and streetlights, all within a 52 foot wide right-of-way.
The applicant will also make half street improvements along 6th Ave. across the plat
frontage, and provide a walking path and two, 12 foot wide travel lanes from the
internal plat road to SW 356th St.
School aged children residing in the plat will attend Enterprise Elementary, Illahee
Junior High, and Federal Way High School. The Federal Way School District will
bus elementary and senior high school students from the development, but junior
high students will walk to Illahee Junior High. On-site sidewalks and off-site
shoulder improvements to 6th Ave. will ensure safe walking conditions for students
from the plat to school. The applicant must comply with the City School Impact Fee
5
15.
16.
17.
18.
Ordinance and make a per lot payment of $2,383 to the district.
Parks and open spaces in the area include the City's undeveloped SW 363rd open
space park which includes a wetland and is intended for passive recreation. The
proposed BPA Phase 3 recreational trail is approximately one-half to three-quarters
of a mile north and west of the site. As previously found, the applicant will pay a fee
in lieu of providing on-site open space.
The Lakehaven Utility District will provide both potable water and fire flow to the site
as evidenced by a September 3, 1998, certificate of water availability. The water
system will loop through the proposed adjacent Silverwood plat and will be
extended pursuant to a developer extension agreement.
The Lakehaven Utility District has also issued a certificate of sewer availability and
sanitary sewers will be extended to the site in accordance with a developer
extension agreement. The applicant will extend sewer lines from 356th St. to the
Rosewood Lane and Silverwood plats.
Prior to obtaining preliminary plat approval the applicant must show that the request
satisfies the decisional criteria set forth in Section 20-126(c) FWCC. Findings on
each criteria are hereby made as follows:
As previously found, the applicant has shown that the proposed plat complies
with the City comprehensive plan which designates the site as Medium
Density Single Family.
The project complies with all applicable provisions of the FWCC including
those adopted by reference from the comprehensive plan. Such includes
Chapter 18, Environmental Policy; Chapter 20, Subdivision; and Chapter 22,
Zoning. Future development of the site must comply with all applicable
development codes and regulations. Compliance with recommended
conditions of approval imposed hereinafter will ensure compliance with all
provisions of the FWCC.
The project is consistent with the public health, safety, and welfare. The
applicant proposes a use consistent with both the comprehensive plan and
the zone classification.
The plat complies will all design criteria set forth in Section 20-2 FWCC to
include safe and convenient travel on streets, provisions for housing needs
of the community, and the payment of a fee in lieu of open space.
As conditioned, project complies with all development standards listed in
6
19.
Sections 20-151 through 157 and 20-158 through 187 FWCC.
Concerns regarding development of the plat itself and its storm water facilities will
be addressed prior to final plat approval and the construction of homes. The
Washington Court of Appeals in Topping v. Pierce Coun~ Board of Commissioners,
29 Wn. App 781 (1981), described a preliminary plat as follows:
The purpose of a preliminary plat is to secure approval of the
general "design" of a proposed subdivision and to determine
whether the public use and interest will be served by the platting.
Although the Planning Department must determine...whether water
supplies [and] sanitary waste disposal...are currently available or
whether provisions must be made for the addition of such services,
see RCW 58.17.110, compliance with specific health regulations
applicable to a completed development is not required for approval
of a preliminary plat. Essentially, the preliminary plat supplies
information not specified by regulation or ordinance. Matters which
are specified by regulation or ordinance need not be considered
unless conditions or infirmities appear or exist which would
preclude any possibility of approval of the plat. 29 Wn. App. 781
at 783.
The Toppin.q case was recently cited with approval in the unpublished Court of
Appeals case of Largent et al. v. Klickitat.
In Haas et al. v. Clark County Division II of the Court of Appeals in an unpublished
opinion dated January 22, 1999, discussed preliminary plat approval as follows:
RCW 58.17.020(4) provides that a "preliminary plat" "is a neat and
approximate drawing of a proposed subdivision showing the
general layout of streets and alleys, lots, blocks, and other
elements of a subdivision consistent with the requirements of this
chapter. The preliminary plat shall be the basis for the approval or
disapproval of the general layout of a subdivision". In contrast, a
"final plat .... is the final drawing of the subdivision and dedication
prepared for filing for record with the county auditor and containing
all elements and requirements set forth in this chapter and in local
regulations adopted under this chapter"...Furthermore, both the
statute and the code contemplate conditional approval, which
suggests that if a requirement is not fully satisfied at the time of
preliminary approval, then meeting this requirement may be made
a condition of final approval...and we have previously held that the
approving authority is empowered to condition approval of the plat
upon compliance with RCW 58.17.110...Conditional approval
serves the goal of compliance with the statutory scheme and the
county code requirements because it requires the developer to
satisfy those requirements before final approval ....
In the present case, the applicant has provided significantly more detail regarding
its storm drainage system and other elements of the plat than is normally provided
at the preliminary plat stage. While more information will be required prior to
approval of a final storm drainage plan to include a size of drainage facilities
between the Silverwood and Bellacarino ponds, these issues will be addressed in
accordance with City ordinances prior to final plat approval. The applicant has more
then satisfied the detail required for preliminary plat approval.
IV. CONCLUSIONS
From the foregoing findings the Hearing Examiner makes the following conclusions:
The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
The proposed preliminary plat of Rosewood Lane complies with the Federal Way
Comprehensive Plan as well as the RS-15 zone classification.
The proposed preliminary plat makes appropriate provision for the public health,
safety, and general welfare for open spaces, drainage ways, streets, roads, alleys,
other public ways, transit stops, potable water supplies, sanitary waste, parks and
recreation, playgrounds, schools and school grounds, and safe walking conditions.
The proposed preliminary 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:
Final plat approval shall require full compliance with drainage provisions set
forth in the FWCC. Compliance may result in reducing the number and/or
location of lots as shown on the preliminary approved plat.
Drainage plans and analysis shall comply with the 1998 KCSWDM
and amendments adopted by the City of Federal Way. City of Federal
Way approval of the drainage and roadway plans is required prior to
any construction.
If the runoff control facilities are constructed on-site, and the plat
layout revised, they shall be located in a separate tract, landscaped
to allow for maintenance, and dedicated to the city. Locating the
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drainage on-site may require re-review of the preliminary plat
application, and may trigger a new preliminary plat application.
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Stormwater quality treatment shall be provided using the basic water
quality menu options of the 1998 KCSWDM, as amended by the City
of Federal Way. Eighth Avenue SW and SW 360t~ Street shall be retro
fitted to provide water quality in accordance with FWCC.
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The off-site Bellacarino Tract A or other over-excavation shall be
designed and constructed in accordance with the KCSWDM to
accommodate the additional runoff volume from the Rosewood
development. Alternatively, the applicant may utilize the City's
proposed SW 356t~ Regional Detention Facility, if established prior to
the applicant's construction of Silverwood plat improvements and if
use of the Regional Detention Facility is approved by the Public
Works Director.
The applicant has voluntarily proposed and preliminarily designed the
Silverwood Tract A storm drainage pond and/or water quality facilities
to accommodate the Rosewood Lane preliminary plat.
The Bellacarino Woods Pond shall be fenced with a six-foot chain link
fence (black, vinyl-coated) Type 1, and landscaped.
The applicant shall be required to construct all storm drainage improvements
necessary to mitigate all identified conveyance problems that are impacted
by the Rosewood Lane plat, whether existing at the time of preliminary plat
approval or resulting from the plat's development as identified during
engineering plan review, as required by the Public Works Director.
Engineering approval shall not be granted if it is determined that proposed
mitigation is not adequate to address the impacts of the project.
Prior to issuance of construction permits, a final landscape plan, prepared by
a licensed landscape architect, shall be submitted to the city for approval,
and shall include the following elements:
A. Street trees in right-of-way landscape planter strip; and
B. Tree preservation plan.
The proposed subdivision shall comply with the 1993 King County Road
Standards (KCRS) as amended by the City of Federal Way for this project,
including the following requirements:
Sixth Avenue SW along the frontage of the project shall be improved
as a Minor Collector, half-street improvement. Improvements can be
accommodated within the existing 60 foot right-of-way. The existing
pavement shall be extended to provide 18 feet of width from the
existing centerline of right-of-way, and improved with a vertical curb
and gutter, four-foot planter strip, street trees, streetlights, and six-foot
wide sidewalk and appropriate transitioning tapers at each end.
SW 361st Street shall be improved as a local street, which includes 52
foot wide right-of-way and 28 foot pavement width. Vertical curb and
gutter; four-foot planter strips, and five-foot wide sidewalks shall be
provided on both sides of the street. Streetlights and street trees shall
also be provided.
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All streets shall have a minimum pavement section of three inches
Class B asphalt over six inches of crushed surfacing to support the
traffic loads.
Clearing for the construction of the plat improvements shall be generally
consistent with the clearing limits depicted on the Preliminary Utility, Clearing
and Grading, Sheet 2 of 2, that was prepared by the applicant for the
preliminary plat process. The clearing limits referenced above are the
approximate clearing limits necessary for road and utility installation and may
be modified with the approval of the Community Development and Public
Works Departments during final engineering plan review as required to
reflect changes in road and utility designs, if any. Any clearing and grading
necessary for lot development will be done at the time of house construction
on the lots.
RECOMMENDATION:
It is hereby recommended to the Federal Way City Council that the preliminary plat
of Rosewood Lane be approved subject to the conditions contained in the
conclusions above.
DATED THIS ¢ ~---~~~~~/~.____
SI~P~EN k. CAUSSE/~,UX, ,~'R~.
Hearing Examiner
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TRANSMITTED THIS
(~'" DAY OF October, 2000, to the following:
APPLICANT:
Novastar Development, Inc.
G. Wayne Potter
18215 72nd Avenue South
Kent, WA 98032
ENGINEER:
Barghausen Consulting Engineers, Inc.
Robert J. Armstrong, PE
18215 72"d Avenue South
Kent, WA 98032
OWNER:
Delores Ross
36107 6th Ave. SW
Federal Way, WA 98023
B.J. Mottershead
Charles Connon
Michael D. Rutter
Linda Lorentzen
David J. Moore
Carol Stiles
Terry Brink
Larry Karpack
Leonard Hills
H. David Kaplan
James Geluso
Ron Lilley
Skip Holman
Kevin L. Jones
708 SW 357th St.
35530 6t~ Ave. SW
36619 6th Ave. SW
36607 9th Ave. SW
35817 10th Ave. SW
35816 10th Ave. SW
Federal Way,
Federal Way,
Federal Way,
Federal Way,
Federal Way,
Federal Way,
WA 98023
WA 98023
WA 98023
WA 98023
WA 98023
WA 98023
P.O. Box 1157 Tacoma, WA 98401
16300 Christensen Rd. #350 Tukwila, WA 98188
36404 6t" Ave. SW
30240 27t" Ave. S.
32015 1st Ave. S.
35615 6th Ave. SW
P.O. Box 130
Federal Way, WA 98023
Federal Way, WA 98023
Federal Way, WA 98003
Federal Way, WA 98023
Bellevue, WA 98009
11730 118th Ave. NE #600 Kirkland, WA 98034
City of Federal Way
c/o Chris Green
33530 1st Way S.
Federal Way, WA 98003
CITY OF FEDERAL WAY
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
STAFF REPORT TO THE
FEDERAL WAY HEARING EXAMINER
PRELIMINARY PLAT OF ROSEWOOD LANE
Federal Way File No. SUB98-0004
PUBLIC HEARING- AUGUST 7, 2000
FEDERAL WAY CITY HALL CITY COUNCIL CHAMBERS
33530 FIRST WAY SOUTH
Table of Contents
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
×II.
×III.
General Information ............................................................................................................. 2
Consulted Departments and Agencies ................................................................................. 2
State Environmental Policy Act ........................................................................................... 3
Natural Environment ............................................................................................................ 3
Neighborhood Characteristics .............................................................................................. 5
General Design ..................................................................................................................... 5
Transportation ...................................................................................................................... 6
Public Services ..................................................................................................................... 7
Utilities ................................................................................................................................. 8
Analysis of Decisional Criteria ............................................................................................ 9
Findings of Fact and Conclusion ....................................................................................... 10
Recommendations .............................................................................................................. 13
List of Exhibits ................................................................................................................... 15
Report Prepared by:
Jim Harris, Senior Planner
July 28, 2000
CITY OF FEDERAL WAY
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
STAFF REPORT FOR THE PUBLIC HEARING OF AUGUST 7, 2000
PRELIMINARY PLAT OF ROSEWOD LANE
File No: SUB98-0004
Applicant:
Novastar Development Inc.
G. Wayne Potter
18215 72nd Avenue South
Kent, WA 98032
Phone: (425) 251-6222
Engineer:
Barghausen Consulting Engineers Inc.
Robert J. Armstrong, PE
18215 72n~ Avenue South
Kent, WA 98032
Phone: (425) 251-6222
Owner:
Delores Ross
36107 6th Avenue SW
Federal Way, WA 98023
Action
Requested:
Preliminary plat approval of a 9-lot residential lot cluster subdivision as
provided for under Federal Way City Code (FWCC) Chapter 20,
Subdivisions; and requiring approval pursuant to FWCC Section 20-110.
Staff
Representative:
Jim Harris, Senior Planner, (253) 661-4019
Staff
Recommendation: Preliminary Plat Approval with Conditions
Hearing Examiner Staff Report
Preliminary Plat of Rosewood Lane
Page 1
SUB98-0004
GENERAL INFORMATION
A. Description of the Proposal - The applicant proposes to subdivide a 4.71 acre parcel
into nine residential single family lots, with an average lot size of 19,124 square feet.
The preliminary plat map and preliminary utility, clearing, and grading plan by
Barghansen Engineers, August 25, 1998, are enclosed (Exhibit R-l).
B. Location - The site is located in the southern portion of the city, along the west side of
6th Avenue SW at approximately the 36100 block (Exhibit RS-l).
Parcel Number - 302104- 9039. Legal description is on the plat map.
Size of Property - The subject site has a land area of 205,235 square feet (4.71 acres).
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Land Use and Zoning-
Direction Zoning Comprehensive Plan Existing Land Use
Site RS-15.0~ SF - Medium Density SFR2
North RS-15.03 SF - Medium Density Vacant & SFR
South RS-15.0 SF - Medium Density Vacant & SFR
East RS- 15.0 SF - Medium Density SFR
West RS-9.6 SF - High Density Vacant
Background- The preliminary plat of Rosewood Lane was submitted on October 6,
1998. The preliminary plat application was determined complete on November 3, 1998.
II
CONSULTED DEPARTMENTS AND AGENCIES
The following departments, agencies, and individuals were advised of this application.
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Community Development Review Committee (CDRC), consisting of the Federal Way
Community Development Services Planning and Building Divisions; Public Works
Engineering and Traffic Divisions; Parks Recreation and Cultural Resources
Department; Federal Way Department of Public Safety (Police); Federal Way Fire
Department; Lakehaven Utility District; and Federal Way Public Schools. CDRC
comments have been incorporated into this report where applicable.
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All property owners and occupants within 300 feet of the site were mailed notices of the
application (November 4, 1998). The site was also posted and notice published in the
newspaper and on the city's official notice boards. Fifteen comment letters were
tRS-15.0 = single family residential, 15,000 SF minimum lot size.
2SFR = single family residential.
3RS-9.6 = single family residential.
Hearing Examiner Staff Report
Preliminary Plat of Rosewood Lane
Page 2
SUB98-0004
submitted in response to the November 4, 1998, notices of application (RS-2). On
December 3, 1998, the city responded to each of the parties that provided written
comments during the early comment period (Exhibit RS~3).
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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.
III STATE ENVIRONMENTAL POLICY ACT
A Mitigated Environmental Determination ofNonsignificance (MDNS) was issued by the
City of Federal Way for the proposed action on February 17, 2000 (Exhibit R-2). This
determination was based on review of information in the project file, including the
environmental checklist (Exhibit R-3) and final staff evaluation of the SEPA checklist
(Exhibit R-4), resulting in the conclusion that the proposal would not result in probable
significant adverse impacts on the environment, provided the applicant complies with the
mitigation measures in the MDNS.
B°
Thirteen comment letters were received during the 14-day SEPA comment period
(Exhibit RS-4). On March 13, 2000, the city responded to all parties that provided
written comments on the SEPA decision (Exhibit RS-5).
The city received two timely appeals of the SEPA MDNS. Pursuant to FWCC Section
20-115, the SEPA appeal hearing and preliminary plat application shall be held
simultaneously. The staff report to the Hearing Examiner on the SEPA appeal is under
separate cover.
IV NATURAL ENVIRONMENT
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Storm Water Runoff- Development of the site will create additional runoff from new
impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities
are being designed in accordance with the 1998 King County Surface Water Design
Manual (KCSWDM) and the city's amendments to the manual. The applicant's
preliminary storm drainage Technical Information Report (TIR), revised December
1999, (Exhibit RS-6) was reviewed by the city's Public Works Department. The
preliminary design proposes to collect and convey water through a series of pipes and
catch basins into a storm drainage combination wetpond/detention facility located near
the northeast comer of the proposed Silverwood plat. The storm drainage runoff
discharges form the Silverwood wetpond/detention facility to an existing downstream
closed depression located in Bellacarino Woods Tract "A". The applicant is proposing
to over-excavate the pond in Bellacarino Woods Tract "A" in order to compensate for
the increased runoff volume from the Silverwood and Rosewood Lane projects.
Hearing Examiner Staff Report
Preliminary Plat of Rosewood Lane
Page 3
SUB98-0004
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Soils - The 1973 King County soils survey map lists the soils type as Alderwood
Gravelly Sandy Loam (AgB). Alderwood soils are characterized as moderately well
drained soils that have a weakly consolidated to strongly consolidated substratum at a
depth of 24 - 40 inches. AgB soils are described as capable for urban development,
runoff is slow, and erosion hazard is slight.
Typical soils excavation will occur with the street construction and for utility
installation. The preliminary clearing and grading plan depicts clearing limits for
construction of the street and utilities. Proposed lots would be cleared and graded in
conjunction with future individual building permits.
Topography - The site is relatively flat with a minor rise from north to south. The site
does not have any steep slopes or any other geologically hazardous areas.
Vegetation - The site is heavily wooded, and consists primarily of second growth forest
with a mixture of conifer and broadleaf trees, with a dense understory of native shrubs.
Dominant trees include Douglas fir, red alder, and big leaf maple.
Clearing of the site for plat infrastructure construction is proposed only in the location
of the public roadway and adjacent utilities.
Wetlands - There are no wetlands on or within 100 feet of the site. Terra Associates Inc
conducted a site reconnaissance for wetlands and summarized their findings for
Rosewood Lane and Silverwood plats in reports of February 25, 1997 (Exhibit RS-7),
September 3, 1998 (Exhibit RS-8), and July 27, 1999 (Exhibit RS-9). The city's wetland
consultant, Adolphson Associates Inc. (AAI), reviewed and concurred with the Terra
Associates reports, as discussed in AAI's October 15, 1999, letter (Exhibit RS-10).
Wildlife and Habitat - A series of wildlife and habitat evaluations by Terra Associates
Inc. were provided to the City of Federal Way for review with the pending Silverwood
preliminary plat application. No wildlife species recognized as priority species are
known to inhabit the site. Further, pursuant to the September 25, 1996, Terra Associates
report, the Washington State Department of Fish and Wildlife (WDFW) priority habitat
and species map has no record of threatened, endangered, or sensitive species of
wildlife within two miles of the site.
The site provides habitat for small mammals, rodents, and reptiles, as well as songbirds
and insects. The site would also be expected to provide food resources for hawks and
other predators, which may not actually inhabit the site. Some of the habitat for these
animals will be eliminated or displaced by the proposal. In addition, the introduction of
human activities, including domestic animals, to the site will threaten the viability of
any remaining habitat.
AAI, working on behalf of the City of Federal Way, has reviewed the submitted
Wildlife and Habitat Evaluations and concurred with the Terra Associates Wildlife
Evaluation as stated in a October 15, 1999, correspondence from AAI (Exhibit RS-10).
Hearing Examiner Staff Report
Preliminary Plat of Rosewood Lane
Page 4
SUB98-0004
The WDFW has reviewed the project and accompanying Terra Associates wildlife
reports, as discussed in the WDFW December 2, 1999, letter (Exhibit RS-11). In
summary, the WDFW letter concurs with the Terra Associate's July 27, 1999,
Wetland/Wildlife Habitat Evaluation and the November 15, 1999, Wildlife Habitat
Evaluation Addendum.
At the city's request, the applicant completed a questionnaire regarding potential
impacts to salmon (Exhibit RS-12) listed under the Endangered Species Act. The city
concurs with the responses in the checklist with the exception of the applicant's
response to items 1 and 2 regarding the current or past presence of endangered salmon
in the Hylebos watershed. Chinook salmon have previously been in the Hylebos
watershed and it is uncertain if these species are currently in the watershed. The
responses in the checklist conclude that if endangered salmon are present in the
Hylebos watershed, the project would not adversely impact said salmon.
V NEIGHBORHOOD CHARACTERISTICS
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Vicinity - The property is situated in the southern portion of the city, in a single-family
residential area. The site is vacant. The majority of adjacent properties to the north are
developed with single-family residences on lots ranging from approximately 10,000
square feet to 2.5 acres. To the east, the majority of the lots are developed with single-
family residences on lots ranging from approximately 15,000 square feet to four acres.
The proposed preliminary plat of Silverwood, a 30-acre parcel, abuts the west property
line of Rosewood Lane. To the south, lot sizes range from approximately ½ acre to 5
acres (Exhibit RS-l).
VI GENERAL DESIGN
A. Lot Layout - The proposed lots range in size from approximately 17,955 square feet to
20,456 square feet, with an average lot size of 19,124 square feet
Each of the proposed lots are of rectangular shape and contain an adequate building
area. All building setback lines (BSBL) are depicted on the preliminary plat map
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Open Space - 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 payment.
The applicant has proposed to pay a fee in-lieu of providing on-site recreation area. The
fee-in-lieu payment must be paid at time of final plat and will be based on the most
recent assessment at the time of final plat.
C. Subdivision Access and Roadway System - Access to the site will be provided from 6th
Avenue SW, and the preliminary plat includes the construction of SW 361 st Street from
Hearing Examiner Staff Report
Preliminary Plat of Rosewood Lane
Page 5
SUB98-0004
6th SW to the west property line. SW 361st Street as proposed will connect into the
proposed Silverwood preliminary plat adjoining the west property line. Pursuant to
FWCC street improvement standards, all street improvements must be dedicated as city
right-of-way and improved to applicable city standards.
See Section VII. of this report for a detailed description of the proposed roadway
system and improvements.
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Pedestrian System - Sidewalks will be provided along the length of both sides of the
interior street. Specifically, full street improvements include five-foot wide sidewalks
on both sides of the street. Half street improvements along the 6th Avenue frontage will
include a six-foot sidewalk on the westerly side of the street. A walking path from the
site to SW 356th must also be provided along 6th Avenue SW as required in SEPA
condition #2.
Clearing and Grading - FWCC Section 20-178 states that all natural vegetation shall be
retained on the site to be subdivided except that which will be removed for
improvements or grading as shown on approved engineering plans. Clearing and
grading is proposed only in the location of the proposed roadway and abutting utilities.
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Landscape Buffers - In accordance with FWCC Chapter 20, Subdivisions, landscape
buffers are specified only when the plat is adjacent to an incompatible zoning district.
The proposed plat is bordered on all sides by single-family residential zoning; therefore,
no perimeter buffers are required.
VII TRANSPORTATION
Street Improvements - Access to the property will be provided from 6th Avenue SW and
includes the construction of SW 361st Street SW. The SW 361s~ Street in Rosewood
Lane is proposed to connect to the planned street in the adjacent proposed plat of
Silverwood. In accordance with the FWCC, all street improvements must be dedicated
as city right-of-way (except the private access tracts) and improved to full street
standards.
The city's Traffic Engineer has analyzed compliance with the City of Federal Way
Comprehensive Plan (FWCP) and FWCC. The Public Works Department review
concludes that the proposed street layout of the Rosewood Lane subdivision is
consistent with the adopted codes and FWCP in place at the time of complete
application.
Sixth Avenue SW shall be improved along the frontage of the project as a Minor
Collector, half-street improvement. Improvements can be accommodated within the
existing 60-foot right-of-way. The existing pavement shall be extended to provide 18-
feet of pavement from the existing centerline, and improved with a vertical curb and
Hearing Examiner Staff Report
Preliminary Plat of Rosewood Lane
Page 6
SUB98-0004
gutter, four-foot planter strip, street trees, streetlights, and six-foot wide sidewalk and
appropriate tapers at each end.
SW 361st Street shall be improved as local streets, which include 52-foot wide right-of-
way and 28-foot pavement width. Vertical curb and gutter, four-foot planter strips, and
five-foot wide sidewalks shall be provided on both sides of the street. Streetlights and
street trees shall also be provided. An 80-foot diameter temporary cul-de-sac will be
required at the west end of SW 361 st Street if the plat of Silverwood is not constructed.
Pursuant to Public Works Department review, all streets shall have a minimum
pavement section of three inches Class B asphalt over six inches of crushed surfacing to
support the traffic loads.
Street lighting is required on all streets pursuant to FWCC Section 22-1522.
The Public Works Department and Federal Way Fire Department have approved
preliminary roadway improvements as proposed.
VIII PUBLIC SERVICES
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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 on
August 27, 1999, indicate that Enterprise Elementary, Illahee Junior High, and Federal
Way Senior High Schools will serve the proposed subdivision. Elementary and senior
high students from this development would receive bus transportation to and from
school, as these schools are over one mile from the site.
The applicant provided a Novemeber1996, School Access Analysis (Exhibit RS-14),
which identifies the path of travel for students walking to Illahee. In summary, a safe
route of pedestrian travel will be provided following construction of the on-site
sidewalks and the off-site shoulder improvements, which will be constructed along 6th
Avenue SW under SEPA condition #2.
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 issuance, are currently $2,383.00 per single-family housing unit. School impact
fees are determined on the basis of the district's Capital Facilities Plan and are subject
to annual adjustment and update.
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Parks & Open Space - Rosewood Lane is approximately 1,3000 feet from the existing
City of Federal Way SW 363rd Open Space Park. The SW 363ra Open Space is an
undeveloped park, which includes a wetland, and the intended use of the site is for
passive recreation.
Hearing Examiner Staff Report
Preliminary Plat of Rosewood Lane
Page 7
SUB98-0004
Access to the City of Federal Way's proposed BPA Phase 3 Trail (multi-modal
transportation and recreational) is approximately 1/2 to 3/4 miles north and west of the
Rosewood Lane site.
A fee-in-lieu of on-site open space is proposed for the Rosewood Lane proposal. Parks
and open space requirements are discussed in Section VI. of this report.
Fire Protection - The Certificate of Water Availability from the Lakehaven Utility
District indicates that water will be available to the site in sufficient quantity to satisfy
fire flow standards for the proposed development. The Fire Department requires that a
fire hydrant be located within 350 feet of each lot. The exact number and location of
fire hydrants will be reviewed and approved by the Fire Department.
IX UTILITIES
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Sewage Disposal - The applicant proposes to serve the proposed plat by a public sewer
system managed by Lakehaven Utility District and extended through the adjacent
proposed Silverwood Plat. A September 3, 1998, Certificate of Sewer Availability
(Exhibit R-5) indicates the district's capacity to serve the proposed development
through a Developer Extension Agreement (DEA) between the applicant and the
district. According to the preliminary plat, an extension of the existing sanitary sewer
main is proposed from approximately 356th Street through the proposed preliminary plat
of Silverwood to serve the site. The applicant will need to renew the expired certificate
and DEA before the engineering approval is granted.
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Water Supply - The applicant proposes to serve the subdivision with a public water
supply and distribution system managed by the Lakehaven Utility District. A
September 3, 1998, Certificate of Water Availability (Exhibit R-6) indicates
Lakehaven's capacity to serve the proposed development through a DEA. The applicant
will need to renew the expired DEA and certificate before the engineering approval is
granted. The water supply system is proposed to be looped through the proposed
adjacent Silverwood plat.
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Drainage Facilities - Development of the site will create additional runoff from new
impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities
are being designed in accordance with the 1998 KCSWDM and the city's amendments
to the manual. The applicant's preliminary storm drainage TlR by Barghausen
Consulting Engineers, Inc., revised December 1999, (Exhibit RS-6) was reviewed by
the city's Public Works Department.
The applicant is also proposing to design the on-site storm water facility within the Plat
of Silverwood to accommodate the proposed Rosewood Lane storm drainage. In the
event Silverwood does not get constructed, but Rosewood Lane does, the Plat of
Rosewood Lane shall provide its own detention and water quality in accordance with
the KCSWDM and subsequent revisions.
Hearing Examiner Staff Report
Preliminary Plat of Rosewood Lane
Page 8
SUB98-0004
The preliminary design proposes to collect and convey water through a series of pipes
and catch basins into a storm drainage combination wet pond/detention facility located
near the northeast comer of the proposed Silverwood plat. The storm drainage runoff
discharges from the Silverwood detention pond to an existing downstream closed
depression located in Bellacarino Woods Tract "A". The applicant is proposing to over-
excavate the pond in Bellacarino Woods Tract "A" in order to compensate for the
increased mnoffvolume from the Rosewood Lane and Silverwood projects.
The city has identified downstream conveyance problems associated with stormwater
runoff. Due to these downstream problems, the applicant is proposing to modify
downstream drainage facilities. The storm drainage improvements necessary for this
project are analyzed in the HSPF Hydrologic Analysis of the SW 356'h Street Closed
Depression, by Northwest Hydraulic Consultants, February 1998 (Exhibit RS- 13).
As with all paved, developed areas, the site will contribute some pollutants to ground
and surface waters, as these will be washed off the parking and vehicular areas by
stormwater into the drainage system. Pollutants that accumulate on paved surfaces may
include heavy metals, petrochemicals, and other substances. Consistent with the
requirements of adopted regulations, all water runoff from the paved portions of the
project will be treated either in the on-site wetpond or the coalescing plate separator for
the off-site 8th Avenue SW widening improvements.
Final review of the storm water quality and detention will occur in conjunction with the
full drainage review.
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, 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 is 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 comprehensive plan.
Staff Comment: The application is subject to the adopted 1995 FWCP, which designates
the property as Single Family - Medium Density. The proposed land use, Single Family
Residential with an average lot size of 19,124 square feet, is consistent with density
allowances and policies applicable to this land use as established in the FWCP.
Hearing Examiner Staff Report
Preliminary Plat of Rosewood Lane
Page 9
SUB98-0004
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 Medium 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 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 promotion of safe and convenient travel on streets, provision for
the housing needs of the community, and provisions for payment of a fee-in-lieu of
providing on site open space. 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 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 20, Subdivisions; Chapter 18, Environmental Protection; Chapter 22,
Zoning; and all other applicable local and state development codes and regulations. As
proposed, and as recommended by city staff, the preliminary plat application complies
with all applicable statutes, codes, and regulations.
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 vacant 4.71-acre parcel into nine single-family
lots. All ~tdjacent land uses are single family residential. There are no wetlands on or
within 100 feet of the subject site.
Hearing Examiner Staff Report
Preliminary Plat of Rosewood Lane
Page 10
SUB98-0004
o
o
o
o
10.
The preliminary plat application is subject to the 1995 FWCP and the codes and
regulations in effect at the time the application was deemed complete, which was
October 30, 1998.
The subject property is designated Single Family Medium Density in the 1995 FWCP.
Zoning for the site is RS-15.0, (minimum lot size 15,000 square feet). Properties to the
north, south, and east of the subject property are also zoned RS 15.0. Zoning to the west
of the subject property is RS 9.6 (9,600 square foot minimum lot size). The proposed
residential subdivision and density is consistent with applicable zoning and subdivision
regulations.
Pursuant to FWCC Section 20-154, each lot meets the minimum lot size requirement of
15,000 square feet.
The applicant is proposing to pay a fee-in-lieu of on-site open space, as allowed by
FWCC Section 20-155. The fee-in-lieu amount is based on 15 percent of the assessed
value at the time of final plat, and will be collected prior to final plat approval.
An Environmental Mitigated Determination ofNonsignificance (MDNS) was issued for
this proposed action on February 17, 2000. Thirteen comment letters were submitted to
the city before expiration of the comment deadline. The main topics of the comment
letters pertained to stormwater drainage, wetlands, wildlife habitat, plants, and
procedural considerations. The city responded to the comment letters on March 13,
2000, and retained the MDNS as originally issued.
The City of Federal Way received two appeals of the SEPA decision. The appeal issues
pertain to SEPA procedural issues, storm drainage, flooding, property condemnation
and request for preparation of an Environmental Impact Statement (ELS). Pursuant to
FWCC Section 20-115, and in accordance with state law, if there is an appeal of the
SEPA threshold determination the appeal hearing shall be held simultaneously with the
public hearing in front of the hearing examiner on the preliminary plat. The staff report
on the SEPA appeal is provided under separate cover.
Water and sewer facilities are available from the Lakehaven Utility District and are
adequate to serve the proposed development. The expired availability certificates must
be renewed. It is the applicant's responsibility to secure all necessary water and sewer
services from the utility provider.
Public access will be provided off 6th Avenue SW and the construction of SW 361 st
Street through the site, which is proposed to connect to the adjacent proposed
Silverwood preliminary plat. The proposed preliminary plat was reviewed to ensure
optimal location and configuration of access to the subject property
Hearing Examiner Staff Report
Preliminary Plat of Rosewood Lane
Page 11
SUB98-0004
11.
12.
13.
14.
15.
16.
17.
SW 361st Street within the plat is a local street, and 6th Avenue SW is designated as a
Minor Collector by the FWCP. Half street improvements are required on 6th Avenue
SW frontage by the FWCC, and full street improvements within the plat are required by
the FWCC. All public right-of- ways will be dedicated to the city. Off-site
improvements to 6th Avenue SW are required by SEPA condition #2.
As proposed, each proposed lot contains an adequate size and shape building envelope
to contain a future single-family residence. Building setback lines (BSBL) are identified
on the preliminary plat map.
The project applicant provided a November 1996, school access analysis. The off-site
improvements to 6th Avenue SW to include a paved shoulder on one side of the street
and the on-site sidewalks on all internal plat streets will provide a safe pedestrian route
of travel to Illahee Junior High School. Elementary and senior high school students
from the development will receive bus transportation to and from school.
The clearing and grading limits proposed on plan sheet 2 of 2 will result in clearing and
grading for only the street and utilities within or abutting the right-of-way.
The subject property is heavily wooded with primarily second growth forest. Clearing
and grading for the road construction will not result in removal of more than 75 percent
of the significant trees on site. Significant tree that may be left on individual lots
following the plat infrastructure construction may be removed during individual home
construction. However, any significant trees removed during individual home
construction will be subject to the preservation and replacement standards of the
FWCC.
The proposed development, when completed, will potentially displace approximately
4.7 acres of habitat for small mammals, rodents, reptiles, birds, and insects. Habitat for
the Pileated Woodpecker, classified as sensitive species by WDFW, will be potentially
impacted. However, the large average lot size of approximately 19, 000 square feet
should result in the protection of some of the existing habitat. No wildlife species
recognized as priority species are known to inhabit the site, and no special features or
large snags that would be used for nest sites exist on the site.
Development of the site will create additional runoff from new impervious surfaces
such as streets, driveways, and rooftops. Storm drainage facilities are being designed in
accordance with the 1998 KCSWDM and the city's amendments to the manual. The
applicant's preliminary storm drainage TIR by Barghausen Consulting Engineers, Inc.,
revised December 1999, (Exhibit RS-6) was reviewed and accepted by the city's Public
Works Department.
The preliminary design proposes to collect and convey water through a series of pipes
and catch basins into a storm drainage combination wetpond/detention facility located
near the northeast comer of the adjacent Silverwood site. The storm drainage runoff
discharges from the Silverwood wetpond/detention facility to an existing downstream
Hearing Examiner Staff Report
Preliminary Plat of Rosewood Lane
Page 12
SUB98-0004
closed depression located in Bellacarino Woods Tract "A". The applicant is proposing
to over-excavate the pond in Bellacarino Woods Tract "A" in order to compensate for
the increased runoff volume from the Silverwood project.
The city has identified downstream conveyance problems associated with stormwater
runoff. Due to these downstream problems, the applicant is proposing to modify
downstream drainage facilities. The storm drainage improvements necessary for this
project are analyzed in the HSPF Hydrologic Analysis of the SW 356th Street Closed
Depression, by Northwest Hydraulic Consultants, February 1998.
In conjunction with off-site improvements, these facilities are adequate to serve the
proposed development. Final review and approval of the stormwater engineering plan
will occur in conjunction with full drainage review.
18. Prior to issuance of construction permits, the applicant will be required to submit a final
landscape plan addressing street trees and a tree preservation plan.
19. The proposed preliminary plat is permitted by FWCC Chapter 20, Subdivisions, and
Chapter 22, Zoning.
20.
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.
21. 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 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:
Final plat approval shall require full compliance with drainage provisions set forth in
the FWCC. Compliance may result in reducing the number and/or location of lots as
shown on the preliminary approved plat.
Ao
Drainage plans and analysis shall comply with the 1998 KCSWDM and
amendments adopted by the City of Federal Way. City of Federal Way approval of
the drainage and roadway plans is required prior to any construction.
B. If the runoff control facilities are constructed on-site, and the plat layout revised,
they shall be located in a separate tract, landscaped to allow for maintenance, and
Hearing Examiner Staff Report
Preliminary Plat of Rosewood Lane
Page 13
SUB98-0004
o
dedicated to the city. Locating the drainage on-site may require re-review of the
preliminary plat application, and may trigger a new preliminary plat application.
Co
Stormwater quality treatment shall be provided using the basic water quality menu
options of the 1998 KCSWDM, as amended by the City of Federal Way. Eighth
Avenue SW and SW 360th Street shall be retro fitted to provide water quality in
accordance with FWCC.
Do
The off-site Bellacarino Tract A over-excavation shall be designed and constructed
in accordance with the KCSWDM to accommodate the additional runoff volume
from the Rosewood development.
The applicant has voluntarily proposed and preliminarily designed the Silverwood
Tract A storm drainage pond and/or water quality facilities to accommodate the
Rosewood Lane preliminary plat.
F. The Bellacarino Woods Pond shall be fenced with a six-foot chain link fence
(black, vinyl-coated) Type 1, and landscaped.
The applicant shall be required to construct all storm drainage improvements necessary
to mitigate all identified conveyance problems, whether existing or resulting from the
plat's development, as identified during engineering plan review, as required by the
Public Works Director. Engineering approval shall not be granted if it is determined
that proposed mitigation is not adequate to address the impacts of the project.
Prior to issuance of construction permits, a final landscape plan, prepared by a licensed
landscape architect, shall be submitted to the city for approval, and shall include the
following elements:
A. Street trees in right-of-way landscape planter strips; and
B. Tree preservation plan.
The proposed subdivision shall comply with the 1993 King County Road Standards
(KCRS) as amended by the City of Federal Way for this project, including the
following requirements:
mo
Sixth Avenue SW along the frontage of the project shall be improved as a Minor
Collector, half-street improvement. Improvements can be accommodated within
the existing 60-foot right-of-way. The existing pavement shall be extended to
provide 18 feet of width from the existing centerline of right-of-way, and improved
with a vertical curb and gutter, four-foot planter strip, street trees, streetlights, and
six-foot wide sidewalk and appropriate transitioning tapers at each end.
B. SW 361st Street shall be improved as a local street, which includes 52-foot wide
right of way and 28-foot pavement width. Vertical curb and gutter, four-foot
Hearing Examiner Staff Report
Preliminary Plat of Rosewood Lane
Page 14
SUB98-0004
planter strips, and five-foot wide sidewalks shall be provided on both sides of the
street. Streetlights and street trees shall also be provided.
C. All streets shall have a minimum pavement section of three inches Class B asphalt
over six inches of crushed surfacing to support the traffic loads.
Clearing for the construction of the plat improvements shall be generally consistent
with the clearing limits depicted on the Preliminary Utility, Clearing and Grading,
Sheet 2 of 2, that was prepared by the applicant for the preliminary plat process. The
clearing limits referenced above are the approximate clearing limits necessary for road
and utility installation and may be modified with the approval of the Community
Development and Public Works Departments during final engineering plan review as
required to reflect changes in road and utility designs, if any. Any clearing and grading
necessary for lot development will be done at the time of house construction on the lots.
XIII LIST OF EXHIBITS
R-1.
R-2.
R-3.
R-4.
R-5.
R-6.
Reduced Scale Preliminary Plat of Rosewood Lane & Preliminary Utility Clearing and Grading
Plan
SEPA MDNS for Rosewood Lane
SEPA Checklist for Rosewood Lane
Final Staff Evaluation for SEPA Checklist, Rosewood Lane
September 3, 1998, Lakehaven Utility District Letter of Sewer Availability
September 3, 1998, Lakehaven Utility District Letter of Water Availability
RS-1
RS-2
RS-3
RS-4
RS-5
RS-6
RS-7
RS-8
RS-9
RS-10
RS-11
RS-12
RS-13
RS-14
RS-15
RS-16
RS-17
Vicinity Map
Public Comments on Notice of Application, Rosewood Lane and Silverwood
City of Federal Way December 3, 1998, Response to Public Comments on Notice of Application
Public Comments on SEPA MDNS, Rosewood Lane and Silverwood
City of Federal Way March 13, 2000, Response to Public Comments on SEPA MDNS
Preliminary Technical Information Report for Silverwood, Revised December 1999, by Barghausen
Consulting Engineers Inc.
Terra Associates Wetland Evaluation, Revised February 25, 1997
Terra Associates Wetland Evaluation/Wildlife Habitat Evaluation Addendum, September 3, 1998.
Terra Associates Wetland Evaluation/Wildlife Habitat Evaluation Addendum, July 27, 1999.
Adolphson Associates Inc. Letter, October 15, 1999
Washington Department of Fish and Wildlife Letter, December 2, 1999
Barghausen Cover Letter and ESA Listed Salmon Checklist, November 22, 1999
HSPF Hydrologic Analysis of the SW 356th Street Closed Depression, by Northwest Hydraulic
Consultants Inc, February 1998.
School Access Analysis for Silverwood, by Barghausen Consulting Engineers Inc., November 1996.
SEPA Appeal Letter from Michael Gendler, March 20, 2000
SEPA Appeal Letter from Charles Connon and B.J. Mottershead, March 17, 2000
N.J. Land Development Letter, July 20, 2000
Hearing Examiner Staff Report
Preliminary Plat of Rosewood Lane
Page 15
SUB98-0004
TRANSMITTED TO THE PARTIES LISTED HEREAFTER: Federal Way Hearing Examiner
Applicant - G. Wayne Potter Novastar Development Inc.
Project Engineer - Barghausen Consulting Engineers
DocumentlD #11039
Hearing Examiner Staff Report
Preliminary Plat of Rosewood Lane
Page 16
SUB98-0004
CITY OF~
~'~~~ 33530 1ST WAY SOUTH
(253) 661 ~4000
FEDERAL WAY, WA 98003-6210
MITIGATED ENVIRONMENTAL
DETERMINATION OF NONSIGNIFICANCE
Rosewood Lane Subdivision
Federal Way File No. SEP98-0036
Description
of Proposal:
Proponent:
Location:
Lead Agency:
Subdivision of 4.7 acres into nine residential lots with an average lot size of
approximately 19,124 square feet. The proposal also includes developing a road system,
street improvements, utilities, storm drainage control improvements, and other related
infrastructure improvements.
G. Wayne Potter
Novastar Development Inc.
18215 72ad Avenue South
Kent, WA 98032
(425) 251-6110
Along the west side of 6th Avenue SW at the 36100 block, Federal Way, Washington.
King County tax parcel # 302104-9039. In the SE ¼ of Section 30, T21N, R4E, WM.
City of Federal Way
The responsible Official of the City of Federal Way hereby makes the following decisions based upon
impacts identified in the environmental checklist, the Federal Way Comprehensive Plan, the final staff
evaluation for this action, 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 pursuant
to RCW 43.3 IC.060.
The lead agency for this proposal has determined that it does not have a probable significant adverse
impact on the environment, and an Environmental Impact Statement (EIS) is not required under RCW
43.21 C.030(2)(c), only if the conditions listed below 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 subject property is generally located along the west side of 6th Avenue SW at the 36100 block,
Federal Way, Washington. The proposal includes the subdivision of approximately 4.7 acres into
nine residential lots with an average lot size of approximately 19,124 square feet (.44 acre). The
E×HIBIT
,, I, OF 5"
M DNS Page 2 Rosewood Lane SEP98-0036
..
proposal also includes developing a public roadway, street improvements, utilities, storm drainage
control improvements, and other related infrastructure improvements.
The subject property is zoned RI5.0, requiring a minimum lot size of 15,000 square feet per parcel.
The comprehensive plan designation for the site is Medium Density Single Family.
The proposed Rosewood Lane project has been designed and proposed in conjunction with the
pending plat of Silverwood. The Silverwood plat is being processed concurrently but independent of
the Rosewood Lane plat, with Novastar Development Inc. as the applicant for both projects. The
Rosewood Lane project is dependant on the future development of the Silverwood project in regard
to several infrastructure improvements. Specifically, without the concurrent (or preceding
development of Silverwood), the Rosewood project would likely require redesign and re-analysis of
at least the following items: street layout (no cul-de-sac bulb proposed for Rosewood); sanitary
sewer design (proposed through Silverwood); water system design (proposed through Silverwood);
storm water drainage design (proposed on and through Silverwood).
Should the Silverwood project fail to gain preliminary plat approval, and/or not get constructed, the
Rosewood project would likely be required to undergo additional SEPA review and trigger a new
preliminary plat application, or preliminary plat alteration, in order to address the above referenced
infrastructure requirements.
As permitted by Federal Way City C. ode (FWCC) Section 20-155, the applicant is proposing to pay
a fee-in-lieu of providing on-site open space. The fee-in-lieu amount is determined at final plat and
is calculated as 15 percent of the most recent assessed value of the property.
A Traffic Impact Analysis is not required for this project since the proposal generates less than 10
PM peak hour trips, which is the city's threshold for traffic mitigation.
Street improvements for the proposed SW 361st Street and the 6th Avenue frontage must comply
with adopted city codes.
Adequate provisions for school children, which walk to Iilahee Junior High, do not currently exist
along that portion of the route between the proposed S W 361st and S W 356th Streets. Therefore,
improvements to one side of the street should be required in order to provide adequate walking
areas to SW 356th from Rosewood Lane. The remainder of the pedestrian route to Illahee currently
provides a walking area for school children.
Pursuant to the Federal Way Public Schools August 27, 1999 letter, students from the plat will
receive bus transportation to elementary and senior high schools, and no other walking area
improvements were identified.
As identified in the applicant's environmental checklist and preliminary drainage report/TlR, the
design engineer, acting as the applicant's agent, has chosen to voluntarily design the project to meet
the requirements of the 1998 King County Surface Water Design Manual matching the 2-year and
10-year pre-development durations with a 20 percent safety factor.
The storm drainage improvements necessary for this project are proposed to be designed and
constructed in conjunction with the adjacent Silverwood project. The storm_.dr,a~_na_g_e_ls analyzed i_n.~x~,~
BIT
PAGE_ O- OF
MDNS Page 3 Rosewood Lane SEP98-0036
10.
11.
12.
13.
the HSPF Hydrologic Analysis of the SW 356'h Street Closed Depression, by Northwest Hydraulic
Consultants, February 1998. Final design and review of the storm drainage system will occur in
conjunction with the final engineering plan review.
The FWCC requires that a minimum of 25 percent of all significant trees located on the site be
retained or replaced. Through the plat construction phase, all vegetation will be retained on site,
except that which will be cleared for the future roadway improvements and utilities. Therefore, most
of the significant trees and vegetation will remain on the site following infrastructure construction.
Significant tree retention and replacement will be reviewed for compliance with applicable code
standards during individual building permit review for each residence constructed.
The proposed development, when completed, will displace habitat for small mammals, rodents,
reptiles, birds, and insects as generally occurs with urban development. However, pursuant to the
Terra Associates September 25, 1996, letter for the abutting Silverwood project, there are no records
of threatened, endangered, or sensitive wildlife species within two miles of the abutting Silverwood
site (and therefore this conclusion also applies to the Rosewood Lane site). The developer has also
provided a July 27, 1999, letter from Terra Associates, which summarizes that there are no unique
or special wildlife habitat features on the Rosewood Lane site.
The proposed development will generate approximately six school age children. Pursuant to the
Federal Way Public Schools August 27, 1999, letter to the City of Federal Way, the collection of
school impact fees will mitigate the school impacts. The current school mitigation fee is $2,383.00
for a single-family residence and is collected at building permit issuance for a residence. The
Federal Way City Council may adjust the impact fee annually, and the applicable fee would be
determined at the time a complete individual single-family building permit application is submitted
to the city.
Pursuant to the Terra Associates July 27, 1999 letter, no wetlands are on or within 100 feet of the
Rosewood Lane site.
The Final Staff Evaluation for Environmental Checklist, File No. SEP98-0036, is hereby
incorporated by reference as though set forth in full.
CONCLUSIONS OF LAW
Federal Way's 1995 Comprehensive Plan Policies adopted by Federal Way, and contained within the
1995 Federal Way Comprehensive Plan (FWCP), serve as a basis for the exercise of substantive SEPA
authority to approve, condition, or deny proposed actions applicable to potential adverse environmental
impacts resulting from this project. The following components of the FWCP support the conditions for
the development.
Natural Environment Policy 11 (NEPll): The city should encourage the retention of surface water
runoff in wetlands in regional retention facilities, and in detention ponds, or use other similar storm
water management techniques to promote aquifer recharge.
XHIBIT__( .
"5 ~ .~
5-
MDNS Page 4 Rosewood Lane SEP98-0036
NEP2: Preserve and restore ecological functions, and enhance natural beauty, by encouraging
community development patterns and site planning that maintains and complements natural land
forms.
Transportation Policy 52 (TP52): Work to extend the existing system of sidewalks, bikeways, and
equestrian ways in the city to provide safe access to public transit, neighborhood and business
centers, parks, schools, public facilities, and other recreational attractions.
Based on the above policies, the following mitigation measures are required to minimize identified
potential significant adverse impacts.
SEPA Conditions
Due to the downstream natural closed depression this project drains to, clearing, grading, and
street/utility work for the plat improvements will not be permitted from October 31 to March 30,
unless approved in writing by the Public Works Director.
Prior to final plat approval, 6"' Avenue SW off-site between SW 356th and SW 361't Streets shall be
improved to provide pedestrian access to Illahee Junior High. Road improvements required within
the existing 60-foot-wide right-of-way shall include two 12-foot-wide lanes and a five-foot-wide
asphalt shoulder as required by the Public Works Director.
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 by 5:00 p.m. on March 6, 2000.
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.
Contact Person: Jim Harris, Senior Planner, (253) 661-4019
Responsible Official: Stephen Clifton, AICP, Director of Community Development Services
Address: 33530 First Way South, Federal Way, WA 98003
Date Issue,:~ /~ Signature;~'//~.~// ~'~'~A//~...-
L:~PRMSYSkDOCUMENT~EP98_00.42~mdn$.doc
PAGE OF_. __
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K:\cdhs\auctiondonation req
IN THE MATTER OF:
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
SILVERWOOD PRELIMINARY PLAT &
ROSEWOOD LANE PRELIMINARY PLAT
SEPA APPEALS
)
)
)
)
)
)
)
FWHE# 00 -12
SEP98-0042 & SEP98-0036
-I. SUMMARY OF APPLICATION
The appeal of two Mitigated Determination of Nonsignificances (MDNS) pursuant
to the State Environmental Policy Act (SEPA) for the proposed preliminary plat applications
of Silverwood and Rosewood Lane.
II. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
September 25, 2000
October 9, 2000
At the hearing the following presented testimony and evidence:
1. Jim Harris, Senior Planner, City of Federal Way
2. Cary Roe, Director of Public Works, City of Federal Way
3. Bob Sterbank, Deputy City Attorney, City of Federal Way
Tom Barghausen, applicant, Nova Star Development, Inc., 18215 72"d Ave.
South, Kent, WA 98032
5. Terry Brink, attorney for applicant, P.O. Box 1157, Tacoma, WA 98401
6. Charles Connon, appellant, 35530 6th Ave. SW, Federal Way, WA 98023
7. Bernard Mottershead, appellant, 708 SW 357~ St., Federal Way, WA 98023
8. Ronald Lilley, 35615 6th Ave. SW, Federal Way, WA 98023
9. Patricia Owen, 926 SW 356th St., Federal Way, WA 98023
10. Michael Rutter, 36619 6t~ Ave. SW, Federal Way, WA 98023
11. David Moore, 35817 10th Ave. SW, Federal Way, WA 98023
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Staff Report with all attachments
Rosewood Lane Staff Report and attachments
Environmental Appeals
Power Point Presentation
Letter from John Davis
Letter from Alma Bennett
Revised conditions
Letter from Ray Parke withdrawing appeal
HSPF Analysis dated 8-3-00 (revision)
Poster board of SW 356th storm water facility
Terry Brink's Letter Memorandum
Letter from David Kaplan
Drawings for Silverwood submitted by Terry Brink
Drawings for Rosewood Land submitted by Terry Brink
Letter from Department of Fish and Wildlife dated December 2, 1999
Charles Connon's comments
Photos submitted by Barghausen Engineering
Wide angle photo submitted by Bernard Mottershed
Large photos submitted by Barghausen Engineering 2
20. Petition submitted by Michael Rutter
21. Bernard Mottershead's supplemental submission
22. Exhibit showing pipe under 356th St.
23. Document - Affidavit of Distribution
24. Sign Installation Certificate
25.
26.
Document Affidavit - September
Page 1-57 of the 1998 Surface Water Manual
27. Page 1-35 of the 1998 Surface Water Manual
28. Public Notice (yellow sheet) published on City Hall doors
III. FINDINGS
The Hearing Examiner has heard testimony, admitted documentary evidence into
the record, and taken this matter under advisement.
The Community Development Staff Report sets forth general findings, applicable
policies and provisions in this matter and is hereby marked as Exhibit "1" and
incorporated in its entirety by this reference.
On October 6, 1998, the City received a completed application for the 29.5 acre, 70
lot, cluster subdivision of Silverwood. On October 30, 1998, the City received a
completed application for the 4.7 acre, nine lot Rosewood Lane conventional
preliminary plat. Even though the plats are proposed for adjacent parcels and will
share a new access read; the City's responsible official (RO) determined that each
plat could be developed independently, that they were therefore two separate
projects, and they should under separate review pursuant to the State
Environmental Policy Act (SEPA). Following SEPA review, the RO issued a
threshold Mitigated Determination of Nonsignificance (MDNS) for both subdivisions
on February 17, 2000.
On March 20, 2000, Michael Gendler, attorney at law representing Roy Parke,
timely filed appeals of the threshold determinations for both preliminary plats. On
March 17, 2000, Charles Connon and Bernard Mottershead, co-appellants, also
appealed both threshold determinations. On September 20, 2000, Roy Parke
withdrew his appeals of the threshold determinations of both projects based upon
3
the sale of his property to the plat applicant. The Connon/Mottershead appeal
consists of a March 17, 2000, letter signed by the appellants which incorporated an
attached March 3, 2000, letter signed by Mr. Connon; a February 23, 2000, letter
signed by Mr. Mottershead; and a November 19, 1998, letter signed by Mr.
Mottershead.
In reviewing the environmental impacts of a project pursuant to SEPA and imposing
mitigating measures thereunder, the RO must first consider whether City
ordinances, state laws, and/or Federal requirements would mitigate an identified
significant impact (WAC 197-11-330(1)(c); 197-11-660(1)(e). In the Rosewood Lane
MDNS the RO determined that City ordinances did not mitigate two probable
significant adverse environmental impacts, and imposed two mitigating measures
which the applicant agreed to satisfy. These mitigating measures prohibiting
clearing, grading, and street utility work for plat improvements from October 31,
2000, to March 30, 2000, unless approved in writing by the Public Works Director.
The second measure required off-site improvements to 6th Ave. SW. Mitigating
measures in the Silverwood subdivision included the same limitation as to clearing,
grading, and street/utility work; required the fencing and signing of wetlands and
buffers; limited uses in Tract F; required the creation of nine new snag trees within
permanent open space areas; required off-site street improvements; and required
pro-rata share payments to City traffic improvement projects.
o
The Examiner has reviewed the appellants' appeal of the RO's threshold
determination, the City's response contained in its staff report, and the applicant's
response set forth in Exhibit "KK" to Exhibit "11" and finds that the issues raised are
either adequately addressed by existing ordinances and laws or do not allege
probable significant adverse environmental impacts. Alleged errors include the
failure to require a full drainage review for the over-excavation of the Bellacarino
Woods Tract A drainage pond; erroneously not considering the Rosewood Lane
and Silverwood plat applications jointly and together with the Bellacarino Woods
retention pond excavation as a single action under SEPA; failure to require an
environmental impact statement due to recent flooding in the vicinity of the project;
failure to address an inconsistency in the applicant's documentation; an allegation
that inadequate separation of three feet or more is not provided between the
groundwater table and the bottom of the excavated Tract A pond; an allegation that
an emergency overflow does not exist for the Tract A pond; failure to evaluate the
storm drainage plan under full drainage review and shared facility drainage plans;
invalid pond volume calculations; an incorrect HSPF hydrological analysis;
development of the Silverwood plat in an environmentally sensitive area; and
proposed usage of an existing, undersized 18 inch storm drainage line under S.
356th St.
All of the appellants' substantive issues have either already been addressed or will
be addressed between preliminary and final plat approval. All storm drainage
issues including downstream conveyance systems are subject to standards adopted
by the Federal Way City Council. The expansion of the Bellacarino Woods storm
drainage pond has previously received environmental review, and since all storm
drainage within a large basin drains to said pond, it is proper to consider
environmental impacts associated with expanding the pond separately as opposed
to joining it with every project proposed within the basin. If the City elects to expand
the Bellacarino Woods pond into a regional storm drainage facility, such will require
further environmental review. Finally, the Silverwood plat protects and preserves all
environmentally sensitive areas on the site, in accordance with criteria adopted by
the City Council.
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.
As stated by Division I of the Washington Court of Appeals in Des Moines v. Puget
Sound Re.qional Council, 98 Wn. App. 23 (1999):
SEPA is a procedural statute designed to ensure that local
governments consider the environmental and ecological effects of
major actions to the fullest extent. SEPA's purpose is to provide
decision-makers with all relevant information about the potential
environmental consequences of their actions and to provide a
basis for a reasoned judgment that balances the benefits of a
proposed project against its potential adverse effects. 98 Wn. App
23 at 365.
The applicant's environmental checklists coupled with the numerous studies
required by the City as set forth on pages one and two of the Final Staff Evaluation
for the Silverwood lot clustering preliminary plat, and additional studies to include
the Traffic Impact Analysis, revised hydrological assessments, and revised storm
drainage assessments provide the decision-makers with all relevant information
about the potential environmental consequences of plat development to include the
expansion and deepening of the Tract A pond in the Bellacarino Woods subdivision.
The RO did not err by deciding to consider Rosewood Lane and Silverwood as
separate applications for SEPA review. WAC 197-11-060(3)(b) states in part:
Proposals or pads of proposals are closely related, and they shall
be discussed in the same environmental document, if they: (i)
cannot or will not proceed unless the other proposals (or parts of
proposals) are implemented simultaneously with them; or (ii) are
independent parts of a larger proposal depend on the larger
proposal as their justification or for their implementation.
Silverwood and Rosewood Lane are independent, separate proposals which can
proceed independent of the other. While they may share access and storm drainage
facilities, they are under separate ownership, are under different zoning, and
propose different subdivision designs (traditional plat and cluster plat). Even so, the
City concurrently processed both plats, conducted concurrent SEPA reviews, and
issued threshold determinations concurrently. The RO correctly found no
compelling reason to merge the two environmental reviews into a single document.
Section 18-51(d) of the Federal Way City Code (FWCC) states in part as follows:
The determination by the City's responsible official shall carry
substantial weight in any appeal proceeding.
The appellants have not overcome their substantial burden of showing that the RO
erred in considering both plats and the work in the Bellacarino Woods retention
ponds in separate documents as opposed to the same environmental document.
RCW 43.21C.030(C) and WAC 197-11-330 require an environmental impact
statement for major actions significantly affecting the quality of the environment.
WAC 197-11-794 defines "significant" as "a reasonable likelihood of more than a
moderate adverse impact on environmental quality". WAC 197-11-794(2) states
that significance "does not lend itself to a formula or quantifiable test" as physical
setting, intensity, magnitude, and duration must all be considered. WAC 197-11-
330 establishes a process including criteria and procedure for determining whether
a proposal is likely to have a significant adverse environmental impact, including
specific considerations which the environmental official must evaluate. In the
present case, the RO properly considered the definition of "significance" and
properly followed the procedures and applied the tests set forth in WAC 197-11-330.
o
The case of Hayden v. Port Townsend, 93 Wn. 2d 870 (1980), holds that the
Hearing Examiner's standard of review for an MDNS appeal is "clearly erroneous".
A finding is "clearly erroneous" when although there is evidence to support it, the
Examiner is left with the definite and firm conviction that the RO made a mistake.
The burden is on the appellant to show that the RO's decision is clearly erroneous.
The Examiner has reviewed the appeal and finds that the appellants have not
satisfied their burden of establishing that the RO's decision to issue an MDNS was
clearly erroneous. The mitigating measures will mitigate possible adverse
environmental impacts.
Concerns were raised that a previous project (Forest Ridge) proposed for the same
site was required by the RO to prepare an ElS, but these two plats were not. The
Forest Ridge project proposed twice as many lots as the proposed plats and
included 55 acres as opposed to 30 acres. Furthermore, the Forest Ridge applicant
did not provide any of the studies requested by the RO to evaluate potential
environmental impacts and mitigation therefore. In the present case, the applicant
responded by submitting additional information pursuant to the RO's request in
accordance with WAC 197-11-335. The RO then determined, following receipt of
said information and negotiations with the applicant, that an MDNS could be issued
for the project pursuant to WAC 197-11-350. The MDNS process has been
specifically approved by the Washington Supreme Court in the cases of Hayden v.
Port Townsend, supra., and West 514 v. Spokane County , 53 Wn. App. 838
(1989).
The appellants also assert that the project should not go forward since it will require
condemnation of private properties for the storm drainage pond. Condemnation
issues are beyond the scope of the Examiner's jurisdiction and are within the
jurisdiction of the Superior Court.
DECISION:
The appeals of Charles Connon and Bernard Mottershead of the environmental
official's issuance of an MDNS for the preliminary plats of Silverwood and
Rosewood Lane are hereby denied.
DATED THIS ¢-~AY OF October, 2000.
S~"I~I;~--IEN K.'CAUSS~OX, JR.
Hearing Examiner
TRANSMITTED THIS
DAY OF October, 2000, to the following:
APPLICANT:
Novastar Development, Inc.
G. Wayne Potter
18215 72°~ Avenue South
Kent, WA 98032
ENGINEER:
Barghausen Consulting Engineers, Inc.
Robert J. Armstrong, PE
18215 72nd Avenue South
Kent, WA 98032
OWNER:
Delores Ross
36107 6th Ave. SW
Federal Way, WA 98023
B.J. Mottershead
Charles Connon
Michael D. Rutter
Linda Lorentzen
DaVid J. Moore
Carol Stiles
Terry Brink
Larry Karpack
Leonard Hills
H. David Kaplan
James Geluso
Ron Lilley
Skip Holman
Kevin L. Jones
708 SW 357t~ St.
35530 6t~ Ave. SW
36619 6th Ave. SW
36607 9th Ave. SW
35817 10th Ave. SW
35816 10t~ Ave. SW
Federal Way,
Federal Way,
Federal Way,
Federal Way,
Federal Way,
Federal Way,
WA 98023
WA 98023
WA 98023
WA 98023
WA 98023
WA 98023
P.O. Box 1157 Tacoma, WA 98401
16300 Christensen Rd. #350 Tukwila, .WA 98188
36404 6"* Ave. SW
30240 27"' Ave. S.
32015 1st Ave. S.
35615 6t~ Ave. SW
P.O. Box 130
Federal Way, WA 98023
Federal Way, WA 98023
Federal Way, WA 98003
Federal Way, WA 98023
Bellevue, WA 98009
11730 118"' Ave. NE #600 Kirkland, WA 98034
City of Federal Way
cio Chris Green
33530 1st Way S.
Federal Way, WA 98003
PROCESS IV
Rights to Appeal
Decisions of the hearing Examiner may be appealed by any person who is to receive a copy of
that decision under FWCC Section 22-443.
The appeal, in the form of a letter of appeal, must be delivered to the Department of Community
Development Services within fourteen (14) calendar days after the issuance of the Hearing
Examiner's decision. The letter of appeal must contain:
A statement identifying the decision being appealed, along with a copy of the
decision;
A statement of the alleged errors in the Hearing Examiner's decision, including
specific factual finds and conclusions of the Hearing Examiner disputed by the
person filing the appeal; and
o
The appellant's name, address, telephone number and fax number, and any other
information to facilitate communications with the appellant.
The person filing the appeal shall include, with the letter of appeal, the fee established by the
City of the costs of preparing a written transcript of the hearing (or in the alternative, the
appellant may prepare the transcript at his or her sole costs from tapes of the hearing provided by
the City).The appeal will not be accepted unless it is accompanied by the required fee and cost
(or agreement of the appellant to prepare the transcript).
Appeals from the decision of the Hearing Examiner will be heard by The City Council. The
decision of City Council is the final decision of the City.
The action of the City in granting or denying an application under this article may be reviewed
pursuant to RCW 36.70C in the King County Superior Court. The Land Use Petition must be
filed within twenty-one (21) calendar days after the final land use decision of the City.
City of
?ederal Way
Rosewood Lane
and Silverwood
Preliminary Plat
Applications
M~p Date: July 27, 2000
city of Federal Way,
33530 First Way S,
Federal Way, WA 98003
(~53) 66~-4ooo.
This map is intended for use as a
~raphical representation ONLY. The
ity of Federal Way makes no
warranty as to its accuracy.
S.W. 356TH ST.
$.9.3e~T~ ST.
r--T-i .[,~"- -- I~,..;' I ......
!-~-~/I ~..I !
,_JiJ [_~__. J
$.w. ~4TH ST. S.W. 354TH ST.
$.W. 3SGTH ST.
S.W. 06TTH ST.
'l
.8"
Legend:
~' City Limits
E~ Right of Way*
r~! Rosewood Lane
Subdivision
~ Silverwood
Subdivision
~ SW 363rd Open
Space
aaa Bellacarino
Tract A
Detention Pond
*Not all dght of way
is developed
Vicinity Map
Scale: 1 to 6240
1 Inch equals 520 Feet
0 500 Feet
EXHIBIT~~..~
-- PAGE__Lo~~~L
N
GIS DWSSION
/use ~/m ike$/cd/cglam'rose .ami
~NY'I O00M.~SO~
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A
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONSTHE PRELIMINARYPLAT OF ROSEWOOD LANE,
FEDERAL WAY FILE NO. SUB98-0004.
WHEREAS, the applicant Novastar Development Inc., applied to the City of Federal Way for
preliminary plat approval to subdivide certain real property known as RosewoodLane and consistingof4.71
acres into nine (9) single family residential lots located along the west side of 6th Avenue SW at
approximately the 3610 Block; and
WHEREAS, on February 17, 2000, an Environmental Mitigated 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 (SEPA), RCW 43.21 C; and
WHEREAS, on March 17, 2000, Charles Connon and Bernard Mottersheadfiled an appeal of
the SEPA environmental mitigated determination of nonsignificance; and
WHEREAS, on March 20, 2000, Michael Gendler on behalf of Roy Parke filed an appeal of
the SEPA environmental mitigated determination of nonsignificance; and
WHEREAS, on September 20, 2000, Michael Gendler on behalf of Roy Parke withdrew the
appeal of the SEPA environmental mitigated determination ofnonsignificance; and
WHEREAS, pursuantto Federal Way City Code Section 20-115, the SEPA appeal hearing and
preliminary plat application open record hearing shall be held simultaneously; and
WHEREAS, at the applicants request, the Federal Way Land Use Hearing Examiner on
August 4, 2000, continued the public hearing until September 25, 2000, concerning the Rosewood Lane
preliminary plat and the SEPA appeal; and
RES # , PAGE 1
WHEREAS, following the conclusion of said hearing on October 9, 2000, the Federal Way
Land Use Hearing Examiner issued a written Report and Recommendation containing findings, conclusions
and recommending approval of the preliminaryplat of Rosewood Lane subjectto conditionsset forth therein;
and
WHEREAS, following the conclusion of said hearing, on October 9, 2000, the Federal Way
Hearing Examiner issued a written Report and Decision containing findings and conclusions denying the
SEPA environmental appeal of Charles Connon and Bernard Mottershead; and
WHEREAS, no appeal of the Hearing Examiner decision on the SEPA environmental appeal
was filed, and the SEPA appeal period expired on October 23, 2000, and
WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section
20-! 27 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions;
and
WHEREAS, on November 21, 2000, the City Council considered the written record and the
Report and Recommendation of the Hearing Examiner on the Rosewood Lane preliminary plat, pursuant to
Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City Codes;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Adoption of Findings of Fact and Conclusions.
1. The findings of fact and conclusions of the 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.
RES # , PAGE 2
2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing
Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision
makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces,
drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary
waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are
required by City Code and state law, and provides for sidewalks and other planning features to assure safe
walking conditions for students who walk to and from school.
3. The public use and interest will be served by the preliminary plat approval granted
herein.
Section 2. Application Approval. Based upon the recommendationofthe Federal Way Land
Use Hearing Examiner and findings and conclusions contained therein as adopted by the City Council
immediately above, the preliminary plat of Rosewood Lane, Federal Way File No. SUB98-0004 is hereby
approved, subject to conditions as contained in the Recommendation of the Federal Way Land Use Hearing
Examiner dated October 9, 2000 (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 havingjurisdictionover 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.
RES # , PAGE 3
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.
THIS
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
__ DAY OF ., 2000.
CITY OF FEDERAL WAY
ATTEST:
MAYOR, MIKE PARK
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
INTERIM CITY ATTORNEY, ROBERT S. STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
L:\CSDC\docs\Save\91765915.DOC
RES #__, PAGE 4
CITY OF FEDERAL WAY
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
MEMORANDUM
To:
FROM:
VIA:
RE:
City Council Land Use and Transportation Committee
Phil Watkins, Chair
Jim Harris, Senior Plan~~'
David Mo~nager
Preliminary Plat o i verwood
Application No. SUB98-0006 (Related File No. SEP98-0042)
DATE: October 31, 2000
I. STAFF RECOMMENDATION
Staff recommends the Land Use and Transportation Committee forward to the City Council a
recommendation approving the Silverwood preliminary plat with conditions, based on the findings
and conclusions in the October 9, 2000, Hearing Examiner Report.
II.
SUMMARY OF APPLICATION
The applicant requests approval of a 70-lot residential cluster subdivision, as provided for under
Federal Way City Code (FWCC) 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 October 9, 2000, the Federal Way Hearing Examiner issued a report and recommendation
(enclosed) to approve the proposed preliminary plat. The Hearing Examiner's recommendation
includes conditions recommended by staff. The Examiner's recommendation was issued following
consideration of a staff report (enclosed) and testimony presented at a September 25, 2000, public
hearing subject to the following conditions:
City Council Land Use and Transportation Committee
Preliminary Plat of Silverwood
Page 2
October 31, 2000
Final plat approval shall require full compliance with drainage provisions set forth in the
FWCC. Compliance may result in reducing the number and/or location of lots as shown on the
preliminary approved plat.
Drainage plans and analysis shall comply with the 1998 King County Surface Water
Design Manual (KCSWDM) and amendments adopted by the City of Federal Way. City
of Federal Way approval of the drainage and roadway plans is required prior to any
construction.
Bo
The runoff control facilities within Silverwood shall be located in a separate Tract A,
landscaped to allow for appropriate maintenance of the facility, and dedicated to the City
of Federal Way. Tract B at the plat entrance shall be owned, landscaped, and maintained
by the homeowners association. A landscape plan for Tract B shall be submitted to the
City for review and approval as part of the plan.
Stormwater quality treatment shall be provided using the basic water quality menu
options of the 1998 KCSWDM, as amended by the City of Federal Way. Eighth Avenue
SW and SW 360th Street shall be retro fitted to provide water quality in accordance with
the FWCC.
Do
The off-site Bellacarino Tract A, or other over-excavation, shall be designed and
constructed in accordance with the KCSWDM to accommodate the additional runoff
volume from the Silverwood development. Alternatively, the applicant may utilize the
City's proposed SW 356t~ Regional Detention Facility, if established prior to the
applicant's construction of Silverwood plat improvements and if use of the Regional
Detention Facility is approved by the Public Works Director.
E. The applicant has voluntarily proposed and preliminarily designed the Silverwood Tract
A storm drainage pond to accommodate the Rosewood Lane preliminary plat.
F. The Bellacarino Woods Pond shall be fenced with a six-foot chain link fence (black,
vinyl-coated) Type 1, and landscaped.
G. An easement in favor of the City shall be executed over the entire Silverwood Tract B for
ingress, egress, and utilities.
The applicant shall be required to construct all storm drainage improvements necessary to
mitigate all identified conveyance problems that are impacted by the Silverwood plat, whether
existing at the time of preliminary plat approval or resulting from the plat's development, as
identified during engineering plan review, as required by the Public Works Director.
Engineering approval shall not be granted if it is determined that proposed mitigation is not
adequate to address the impacts of the project.
City Council Land Use and Transportation Committee
Preliminary Plat of Silverwood
Page 3
October 31, 2000
The final plat drawing shall establish the usable open space in an open space tract to be owned
in common and maintained by property owners of the proposed subdivision, and prohibiting
removal or disturbance of vegetation and landscaping within the tract, except as necessary for
maintenance or replacement of existing plantings and as approved by the City. Additional
vegetation may be located in open space tracts to meet the Mitigated Determination of
Nonsignificance (MDNS) conditions as approved by the City. A note shall be included on the
final plat map that the open space tracts shall not be developed with any buildings, and may
not be used for financial gain.
Prior to issuance of construction permits, a final landscape plan, prepared by a licensed
landscape architect, shall be submitted to the City for approval, and shall include the following
elements:
A. Open space landscaping in Tracts B and F;
B. Street trees in right-of-way landscape planter strips;
C. Tree preservation plan; and
Visual screening of the Silverwood Tract A from adjacent right-of-ways with landscaping
and/or fencing. Cyclone fencing, if used, shall be coated black or green, and shall be
screened by vegetation.
The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS),
as amended by the City of Federal Way for this project, including the following requirements:
SW 360th Street shall be improved along the frontage of the project as a Minor Collector,
half-street improvement. Improvements will include dedication of 32 feet of new right-of-
way to combine with the existing 30 feet of right-of-way for a total of 62 feet. The
existing pavement shall be extended an additional 18 feet south from the existing right-of-
way, and improved with a vertical curb and gutter, four-foot planter strip, street trees,
streetlights, and six-foot wide sidewalk. Where the applicant is proposing to regrade the
profile of SW 360th Street along the eastern 200 feet of frontage, the improvements shall
include 36-foot pavement width, and curb and gutter on both sides. (The planter strip and
sidewalk shall be required on the south side only.)
Bo
Eighth Avenue SW within the plat shall be improved as a Minor Collector. This includes
62-foot wide right-of-way and 36-foot wide pavement width, curb and gutter, four-foot
planter strips, and six-foot wide sidewalks on both sides of the roadway, streetlights, and
street trees. The sidewalk on the east side shall be extended to the intersection of SW
360th Street.
City Council Land Use and Transportation Committee
Preliminary Plat of Silverwood
Page 4
October 31, 2000
SW 361st, SW 363rd, and SW 365t~ Streets shall be improved as local streets, which
include 52-foot wide right-of-way and 28-foot pavement width. Vertical curb and gutter,
four-foot planter strips, and five-foot wide sidewalks shall be provided on both sides of
the street. Streetlights and street trees shall also be provided.
Prior to final plat approval, signage shall be installed on all temporary cul-de-sac
barricades as required by the Public Works Director. The signage shall be a minimum
size of three feet by three feet, with three-inch letters, and state, "This street is planned
for future extension by future development. For more information, contact the City of
Federal Way Public Works Department at 253-661-4131 ."
Tracts C, L, I, J, and M shall be improved to the private access tract standard and shall be
limited to serving a maximum of four lots. The lots that abut these tracts for access shall
have undivided ownership of the tract and be responsible for its maintenance. The
maintenance agreement for the private access tracts shall be included on the plat and the
language approved by the City. Improvements shall include a 36 foot tract width and 20
foot pavement width. Vertical curb and gutter and five foot wide sidewalk without planter
strips shall be provided on one side. Tract length shall be limited to a maximum of 150
feet from face of curb to end of tract, unless a 90 foot diameter turnaround is provided.
F. All streets shall have a minimum pavement section of three inches Class B asphalt over
six inches of crushed surfacing to support the traffic loads.
Clearing for the construction of the plat improvements (roads, pond, utilities, and lots 1 2, 33,
34, 38 - 42, 54 - 65, 69, and 70) shall be generally consistent with the clearing limits depicted
on the Preliminary Road Grading, Storm Drainage, Water Main, and Sanitary Sewer Plan,
Sheet 2 of 8, that was prepared by the applicant for the preliminary plat process. The clearing
limits referenced above are the approximate clearing limits necessary for road, utility, pond,
and necessary lot grading, and may be modified with the approval of the Community
Development Services and Public Works Departments during final engineering plan review as
required to reflect changes in road and utility designs, if any. The remaining clearing necessary
for lot development will be done at the time of house construction on the lots.
7. Lot 54 shall be reconfigured on the final plat map to attach the long narrow strip of land
presently identified as part of lot 54 to the adjacent Tract D.
V. PROCEDURAL SUMMARY
June 21,1996
Date of application for 5 l-lot Silverwood preliminary plat.
January6,1998
Federal Way City Council amends subdivision chapter and cluster plat
provisions.
City Council Land Use and Transportation Committee
Preliminary Plat of Silverwood
Page 5
October 31, 2000
September 30, 1998
October 6, 1998
November 3, 1998
November 4, 1998
February 17, 2000
March 17, 2000
March 20, 2000
July 17, 2000
August4,2000
September 20, 2000
September 25, 2000
October 9, 2000
November 6, 2000
5 l-lot plat application withdrawn by applicant.
Date of application for Silverwood 70-lot cluster subdivision.
Date application determined complete.
Notice of application issued.
Environmental determination issued.
Environmental determination appeal submitted by Charles Connon and
Bernard Mottershead as co-appellants.
Environmental determination appeal submitted by Michael Gendler,
representing Roy Parke.
Notice of August 7, 2000, Public Hearing issued on preliminary plat review
and environmental appeal.
Hearing Examiner continues Public Hearing until September 25, 2000, at
applicants request.
Michael Gendler on behalf of Roy Parke withdrew environmental appeal.
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 and denies environmental appeal.
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].)
VI. DECISIONAL CRITERIA
Pursuant to FWCC 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 FWCC
Section 20-126(c), as noted below:
City Council Land Use and Transportation Committee
Preliminary Plat of Silverwood
Page 6
October 31, 2000
1. Consistency with the Federal Way Comprehensive Plan;
2. Consistency with all applicable provisions of the Federal Way City Code, 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 3-8, of the Hearing Examiner's report and recommendation.
VII. COUNCIL ACTION
By action approved by a majority of the total City Council, and pursuant to FWCC Section 20-
127(c), the City Council may, after considering the Hearing Examiner's recommendation, adopt or
reject the recommendation; and may require or approve a minor modification to the preliminary
plat, pursuant to FWCC Section 20-127(d). Enclosed is a draft resolution recommending approval
of the proposed application as recommended by the Hearing Examiner. Subject to a
recommendation by the Land Use and Transportation Committee, this resolution will be included in
the November 21, 2000, City Council agenda packet.
EXHIBITS
A. HEARING EXAM1NER REPORT AND RECOMMENDATION, OCTOBER 9, 2000
B. STAFF REPORT TO HEARING EXAMINER, AUGUST 7, 2000*
C. CITY COUNCIL DRAFT RESOLUTION FOR PRELIMINARY PLAT APPROVAL
* Note: Not all copies of staff reports include all exhibits as listed. A full packet including all exhibits to the Hearing
Examiner is located in the City Council office.
L:\CSDCXDOCS\SAVE\91461297.DOC
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF:
PRELIMINARY PLAT OF SILVERWOOD
PROCESS IV
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)
)
)
)
)
)
~ L~
FWHE# 00-12
SUB 98-0006
· I. SUMMARY OF APPLICATION
The applicant requests preliminary plat approval to allow a 70 lot residential lot
cluster subdivision as provided for under Federal Way City Code (FWCC) Chapter 20,
Subdivisions; and requiring approval for pursuant to FWCC Section 20-110.
II. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
September 25, 2000
October 9, 2000
At the hearing the following presented testimony and evidence:
1. Jim Harris, Senior Planner, City of Federal Way
2. Cary Roe, Director of Public Works, City of Federal Way
3. Bob Sterbank, Deputy City Attorney, City of Federal Way
Tom Barghausen, applicant, Nova Star Development, Inc., 18215 72"d Ave.
South, Kent, WA 98032
5. Terry Brink, attorney for applicant, P.O. Box 1157, Tacoma, WA 98401
6. Charles Connon, appellant, 35530 6th Ave. SW, Federal Way, WA 98023
7. Bernard Mottershead, appellant, 708 SW 357th St., Federal Way, WA 98023
8. Ronald Lilley, 35615 6th Ave. SW, Federal Way, WA 98023
9. Patricia Owen, 926 SW 356th St., Federal Way, WA 98023
EXHIBIT ...... - .......... ~'
10. Michael Rutter, 36619 6th Ave. SW, Federal Way, WA 98023
11. David Moore, 35817 10th Ave. SW, Federal Way, WA 98023
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Staff Report with all attachments
Rosewood Lane Staff Report and attachments
Environmental Appeals
Power Point Presentation
Letter from John Davis
Letter from Alma Bennett
Revised conditions
Letter from Ray Parke withdrawing appeal
HSPF Analysis dated 8-3-00 (revision)
Poster board of SW 356th storm water facility
Terry Brink's Letter Memorandum
Letter from David Kaplan
Drawings for Silverwood submitted by Terry Brink
Drawings for Rosewood Land submitted by Terry Brink
Letter from Department of Fish and Wildlife dated December 2, 1999
Charles Connon's comments
Photos submitted by Barghausen Engineering
Wide angle photo submitted by Bernard Mottershed
Large photos submitted by Barghausen Engineering
2
o
20. Petition submitted by Michael Rutter
21. Bernard Mottershead's supplemental submission
22. Exhibit showing pipe under 356th St.
23. Document - Affidavit of Distribution
24. Sign Installation Certificate
25. Document Affidavit - September
26. Page 1-57 of the 1998 Surface Water Manual
27. Page 1-35 of the 1998 Surface Water Manual
28. Public Notice (yellow sheet) published on City Hall doors
III. FINDINGS
The Hearing Examiner has heard testimony, admitted documentary evidence into
the record, and taken this matter under advisement.
The Community Development Staff Report sets forth general findings, applicable
policies and provisions in this matter and is hereby marked as Exhibit "1" and
incorporated in its entirety by this reference.
A Mitigated Environmental Determination of Nonsignificance (MDNS) was issued
by the City of Federal Way for the proposed action on February 17, 2000. This
determination was based on review of information in the project file, including the
environmental checklist, and staff evaluation of the environmental checklist for
Silverwood resulting in the conclusion that the proposal would not result in probable
significant adverse impacts on the environment provided the applicant complies with
the mitigation measures in the MDNS. The city received two timely appeals of the
SEPA MDNS. Pursuant to FWCC Section 20-115, the SEPA appeal hearing and
preliminary plat application hearing shall be held simultaneously. The staff report
to the Hearing Examiner on the SEPA appeal is under separate cover.
All appropriate notices were delivered in accordance with the requirements of the
Federal Way City Code (FWCC). While the environmental appellants challenged the
notice, exhibits in the record establish that the City properly published, posted, and
mailed notice of the original scheduled August hearing in the month of July.
Following the Examiner's continuance of the hearing based upon the applicant's
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request the City posted a notice of the continuance and the new hearing date and
time on the doors of City Hall. The City also mailed a new notice of the time and
date of hearing to all property owners within 300 feet of the site and to parties of
record.
The applicant has a possessory ownership interest in an "L" shaped, 29.55 acre,
unimproved parcel of property located south of SW 356th St. at the terminus of 8th
Ave. SW. The applicant requests preliminary plat approval of a clustered
subdivision with a minimum lot size of 4,800 square feet and an average lot size of
5,785 square feet.
The preliminary plat map shows that the applicant will extend 8t~ Ave. SW south and
west through the site to the south property line, and will also extend SW 361st St.
from the east to the west property line. Cul-de-sac roads extending north and south
of 8th Ave. SW will ensure provision of internal access to all lots. Tract A, a 54,362
square foot parcel located at the intersection of 8th Ave. SW and SW 360th St., will
contain a storm drainage pond sized to accommodate runoff from both the
Silverwood parcel and the adjacent nine lot plat of Rosewood Lane. Rosewood
Lane will extend 361st St. from 6th Ave. SW to the east property line of Silverwood.
The west half of the base of the "L" will remain in permanent open space as it
contains wetlands and wetland buffers. A wetland and buffer will also be preserved
in the southeast corner of the parcel in Tract D containing 103,222 square feet.
Approximately 47% of the parcel will remain in open space.
The site and parcels to the north and west are located within the Single Family High
Density designation of the Federal Way Comprehensive Plan, while properties to
the south and east are located in the Single Family Medium Density Designation.
The site and parcels to the north and west are within the RS-9.6 zone classification
which authorizes single family residential dwellings as outright permitted uses on
minimum 9,600 square foot lot sizes. Parcels to the south and east are in the RS-
15.0 zone classification which authorizes single family residential dwellings on
minimum 15,000 square foot lot sizes.
The applicant originally submitted a completed application for a 51 lot traditional
subdivision in compliance with the RS-9.6 zone classification on June 21, 1996. On
January 6, 1998, the Federal Way City Council adopted Section 20o154 of the
Federal Way City Code (FWCC) which authorized cluster subdivisions. The
applicant then withdrew the original application and resubmitted a completed
application for a 70 lot cluster subdivision which the City deemed complete on
November 3, 1998.
Section 20-154(a) FWCC allows cluster subdivisions in order to promote open space
11.
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and to protect natural features such as wetlands and other environmentally sensitive
areas. The code allows an applicant to reduce lot sizes and locate the lots in
"clusters" on the site on non-sensitive portions of a site, while maintaining sensitive
areas in open space. Section 20-154(b) FWCC authorizes reduction of lot sizes up
to one-half of the size authorized by the underlying zone classification, but in no
case less than 3,600 square feet. The applicant's proposed minimum lot size of
4,800 square feet equals 50% of the minimum 9,600 square foot lot size authorized
by the RS-9.6 zone classification. The size of the parcel would allow 87 lots in a
clustered subdivision, but the applicant requests only 70.
The primary objection to approval of the preliminary plat and the subject of the
environmental appeal concerns storm water management. The environmental
appellant asserts that development of the plat will create flooding at various
locations between the plat storm drainage pond and at the ultimate destination for
the storm water, a closed depression in the Bellacarino Woods subdivision
designated as Tract A. The applicant proposes to collect all storm water from
impervious surfaces in both the Silverwood and Rosewood Lane plats, direct it to
the storm drainage pond at the northeast corner of the Silverwood plat, and then
discharge the water to a natural drainage system which flows to Tract A in the
Bellacarino Woods subdivision. The applicant has received permission from both
the City Public Works Department and the owner of Tract A to excavate Tract A to
a sufficient depth to accommodate storm water from the two plats. The applicant
has also acquired a parcel of property adjacent to Tract A owned by Roy Parke (an
environmental appellant represented by attorney Mickey Gendler who subsequently
withdrew his environmental appeal). In addition to Tract A the applicant may
excavate the Parke property to accommodate storm water. Finally, the City of
Federal Way may acquire additional parcels surrounding Tract A for the purpose of
converting the area into a regional storm facility. The applicant will have the
opportunity to use either Tract A and the Parke property or the regional facility when
constructed.
The applicant will construct a two cell, detention/water quality, wet pond of sufficient
size to accommodate storm water runoff from the two plats. Storm drainage facilities
also include settling areas to reduce sediment and preserve the infiltration
properties of Tract A. Stormwater will also be directed through a bioswale before
discharge, and the applicant will fence and landscape the excavated portion of the
Tract A/Parke property. The applicant originally calculated the volume for the
original 51 lot plat, but then reevaluated the volume using the HSPF method for the
70 lot clustered subdivision. While concerns were raised regarding high
groundwater and inadequate separation from the bottom of the pond, the Public
Works director testified that groundwater is not an issue; that the applicant is
authorized to excavate to an elevation of 311 feet; that the code authorizes a
minimum three foot separation between the bottom of the pond and the highest
13.
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16.
17.
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groundwater; and that the closest the groundwater will get to the bottom of the pond
is seven feet. While concerns were raised that the pond has no natural overflow, the
director testified that the pond has an outlet at elevation 318.91 feet, but the City
has no evidence that water has ever overtopped the outlet. Residents in opposition
presented no expert testimony contradicting the applicant's and the City's experts.
Concerns were raised that the south portion of the plat presently drains to the
Hylebos waterway and that directing plat water to the north will eliminate said flow
and adversely impact salmon. The director testified that the storm drainage plan
shows that the south part of the plat will continue to drain to the south while the
balance will go north to the closed depression.
Testimony asserted that the applicant could not use the Bellacarino Woods
depression since the City has not accepted the pond. As previously found, the
applicant has secured approval of the owner of the pond and the City to direct its
storm water thereto. Furthermore, the natural flow from the area is to the closed
depression and the applicant has a right to discharge its water to the existing
natural drainage. At the present time, the City is evaluating the Bellacarino Woods
pond and is holding a maintenance bond to verify that it is working. The pond is
complete and acceptance by the City does not affect the completion date.
Concerns were also raised regarding downstream flooding between the Silverwood
subdivision and the Bellacarino Woods closed depression. Testimony by the City
and the applicant established that flooding is likely caused by inadequate storm
drainage facilities installed in the past. The applicant will improve some of these
facilities during plat construction which will alleviate some of the downstream
flooding. The release rate from the storm drainage pond will ensure that the storm
water will not discharge to the drainage swale at an increased rate.
The Alderwood gravelly sandy loam soils underlying the site will support a clustered
subdivision as they are deemed capable of supporting urban development as their
properties include slow runoff and slight erosion hazards. The topography rises
gradually from north to south and has no steep slopes or other geologically
hazardous areas.
The site is heavily wooded with second growth forest and a dense understory of
shrubs. Construction of the plat will require clearing approximately 46% of the site
and will result in the removal of approximately 46% of the significant trees on site
(157 of 354). The applicant must submit and obtain approval of a tree clearing plan
and landscape plan pursuant to Section 20-158 FWCC.
Terra Associates, Inc., the applicant's wetlands expert, identified four wetlands on
the site. The City's wetland consultant, Adolfson Associates, Inc., reviewed the
6
19.
20.
21.
Terra Associates report and concurs with the delineations. The site plan shows that
all improvements and land surface modifications will occur at least 100 feet from all
wetlands. The applicant will preserve and protect said wetlands with minimum 100
foot wide buffers. An MDNS mitigating measure requires fencing and signing of all
wetlands.
Terra Associates, Inc., also conducted a series of wildlife and habitat evaluations
on the Silverwood parcel which were reviewed and approved by Adolfson
Associates. Based upon letters asserting the presence of a red tailed hawk, the
applicant also submitted a wildlife reconnaissance report on November 19, 1999,
(Exhibit S-9) which establishes that no nests exist on the site for medium or large
raptors. The Terra report identified evidence of foraging by a pileated woodpecker,
a candidate species for the threatened or endangered species list. While the site is
much too small to support pileated woodpeckers, SEPA mitigating measures require
the creation of nine snags within the permanent open space areas to compensate
for those removed by plat construction. Impacts on wildlife are mitigated through
preservation of approximately 14 acres as permanent open space.
The site is located within the southern portion of the city in a single family residential
area. Parcels to the north are generally developed with single family residences on
lots ranging between 9,000 and 30,000 square feet, while to the east single family
dwellings are located on lots ranging from 15,000 square feet to four acres. Single
family dwellings on large lots are also to the south. The cluster development will
allow substantially smaller lots than presently exist in the area, but many of the lots
are buffered from abutting development by the wetland buffer. Furthermore, this
area of the city is in transition from large lots to developments in accordance with
the RS-9.6 zone classification.
Concerns were raised that the City Council has placed a moratorium on cluster
development and that Silverwood should not be allowed. However, the ordinance
establishing the moratorium vests all completed applications for cluster
subdivisions. Furthermore, RCW 58.17.033 states in pertinent part as follows:
A proposed division of land, as defined in RCW 58.17.020, shall be
considered under the subdivision or short subdivision ordinance,
and zoning or other land use control ordinance, in effect on the
land at the time a fully completed application for preliminary plat
approval of the short subdivision.., has been submitted to the
appropriate.., city.., official.
Thus, State law also requires the City to consider the present application for a
cluster subdivision. Section 20-153 FWCC sets forth the formula by which an
applicant determines the maximum number of lots which can be created in a cluster
22.
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25.
26.
27.
subdivision. Said formula requires subtraction of 15% of the site for open space
and 20% of the site for streets. Calculations show that the applicant could obtain a
maximum of 87 lots on the site, but has requested 70.
Section 20-154(e) FWCC requires a cluster subdivision to provide at least 15% of
the site as usable open space, and 15% of the present site calculates to 193,091
square feet. The applicant proposes 195,595 square feet within Tracts F and K
located in the northwest and southwest portions of the plat. The applicant will
improve Tract F with an irrigated open lawn play area, children's tot lot, bench
seating, picnic tables, and a gravel pathway. Tract K will provide a pedestrian
pathway from an internal plat cul-de-sac to SW 360th St.
The applicant will construct sidewalks along all street frontages and half street
improvements on SW 360th St. which will include a six foot wide sidewalk and four
foot wide planter strip on its south side.
The applicant submitted a Traffic Impact Analysis (TIA) prepared by Transpo Group,
a qualified traffic engineering firm. The City's traffic engineer reviewed the TIA and
concluded that the proposed street layout is consistent with adopted City codes and
the comprehensive plan. The applicant will improve 8th Ave. SW within the plat as
a minor collector which will include a 62 foot wide right-of-way and 36 foot wide
pavement width with curb, gutter, four foot wide planter strip, and six foot wide
sidewalks on both sides. The balance of the internal plat roads will be improved as
local streets. Mitigating measures in the MDNS require off-site traffic mitigation in
the nature of a prorata share contribution of $118,200 to off-site traffic improvement
projects, and the improvement of 8th Ave. SW between the plat entry and SW 356th
St. to minor collector standards.
School aged children residing in the plat will attend Enterprise Elementary, Illahee
Junior High School, and Federal Way High School. The district will bus elementary
and senior high school students, but junior high school students will walk to Illahee
Junior High. Safe walking conditions will be provided by the construction of on-site
sidewalks and a sidewalk along 8th Ave. SW between SW 360th and SW 356% The
applicant must also comply with the City School Impact Fee Ordinance and make
a payment of $2,383 per single family housing unit.
The Lakehaven Utility District has provided a certificate of water availability
confirming that it will provide both potable water and fire flow to the site. The
Lakehaven Utility District has also issued a certificate of sewer availability
confirming that it can serve all lots with sanitary sewers.
Prior to obtaining preliminary plat approval the applicant must establish that the
request satisfies the criteria set forth in Section 20-126(c) FWCC. Findings on each
28.
criteria are hereby made as follows:
Ao
As previously found, the proposed preliminary plat complies with the Federal
Way Comprehensive Plan which designates the site as Single Family - High
Density.
Bo
The project complies with all provisions of the FWCC to include those
adopted by reference from the comprehensive plan to include Chapter 18,
Environmental Policy; Chapter 20, Subdivision; and Chapter 22, Zoning.
Future development of the subdivision will also be required to comply with
applicable development codes and regulations.
The project is consistent with the public health, safety, and welfare as both
the comprehensive plan and FWCC authorize its development.
Do
The preliminary plat complies with the design criteria listed in Section 20-2
FWCC.
As conditioned, the plat complies with all development standards set forth in
Sections 20-151 through 157 and 20-158 through 187 FWCC.
Concerns regarding development of the plat itself and its storm water facilities will
be addressed prior to final plat approval and the construction of homes. The
Washington Court of Appeals in Topping v. Pierce County Board of Commissioners,
29 Wn. App 781 (1981), described a preliminary plat as follows:
The purpose of a preliminary plat is to secure approval of the
general "design" of a proposed subdivision and to determine
whether the public use and interest will be served by the platting.
Although the Planning Department must determine...whether water
supplies [and] sanitary waste disposal...are currently available or
whether provisions must be made for the addition of such services,
see RCW 58.17.110, compliance with specific health regulations
applicable to a completed development is not required for approval
of a preliminary plat. Essentially, the preliminary plat supplies
information not specified by regulation or ordinance. Matters which
are specified by regulation or ordinance need not be considered
unless conditions or infirmities appear or exist which would
preclude any possibility of approval of the plat. 29 Wn. App. 781
at 783.
The Toppinq case was recently cited with approval in the unpublished Court of
Appeals case of Largent et al. v. Klickitat County.
29.
In Haas et al. v. Clark County Division II of the Court of Appeals in an unpublished
opinion dated January 22, 1999, discussed preliminary plat approval as follows:
RCW 58.17.020(4) provides that a "preliminary plat" "is a neat and
approximate drawing of a proposed subdivision showing the
general layout of streets and alleys, lots, blocks, and other
elements of a subdivision consistent with the requirements of this
chapter. The preliminary plat shall be the basis for the approval or
disapproval of the general layout of a subdivision". In contrast, a
"final plat .... is the final drawing of the subdivision and dedication
prepared for filing for record with the county auditor and containing
all elements and requirements set forth in this chapter and in local
regulations adopted under this chapter"...Furthermore, both the
statute and the code contemplate conditional approval, which
suggests that if a requirement is not fully satisfied at the time of
preliminary approval, then meeting this requirement may be made
a condition of final approval...and we have previously held that the
approving authority is empowered to condition approval of the plat
upon compliance with RCW 58.17.110...Conditional approval
serves the goal of compliance with the statutory scheme and the
county code requirements because it requires the developer to
satisfy those requirements before final approval ....
In the present case, the applicant has provided significantly more detail regarding
its storm drainage system and other elements of the plat than is normally provided
at the preliminary plat stage. While more information will be required prior to
approval of a final storm drainage plan to include the size of drainage facilities
between the Silverwood and Bellacarino ponds, these issues will be addressed in
accordance with City ordinances prior to final plat approval. The applicant has more
then satisfied the detail required for preliminary plat approval.
The Examiner is aware of concerns raised by property owners in the area that
dense subdivisions will change the character of the area, adversely affect their
lifestyles and property values, and create the need for additional services. These
concerns are akin to those addressed by the Washington Supreme Court in the
case of SORE v. Snohomish County, 99 Wn. 2d 363 (1983). In SORE, Snohomish
County adopted a new comprehensive plan which identified appropriate land for
industrial development and business parks. At the time of plan adoption an area
identified by the plan for industrial development consisted of agricultural land and
houses on substantial acreage. The applicant requested a zone reclassification to
industrial uses which would implement the newly adopted comprehensive plan. The
Court quoted favorably from the Snohomish County Hearing Examiner's decision
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as follows:
If such implementation [of the plan] were not allowed to occur until
physical or developmental circumstances in the area had changed,
a new comprehensive plan might never be fulfilled: If an area is
presently undeveloped and a newly amended comprehensive plan
calls for industrial development, no industrial development may
occur until at least one industrial rezone has been granted. If the
rezone itself cannot occur because land development patterns
have not changed in the area then the industrial development most
likely will never have the opportunity to occur. 99 Wn. 2d 363 at
$70.
In the present case, the applicant does not request a zone reclassification, but
approval of a subdivision consistent with both the comprehensive plan and zoning
regulations adopted by the City Council. As in SORE, supra., this urban growth
area cannot develop in accordance with the Council's determination unless
subdivisions in accordance with RS-9.6 and RS-15 densities are approved. Even
though the first subdivisions will be inconsistent with existing lot sizes, the Council
has determined that this area of the City is appropriate for such densities. While all
agree that the subdivision proposes smaller lots than abutting and nearby
properties, the subdivision is consistent with the RS-9.6 zone classification, the
cluster subdivision ordinance, and future development of the area as contemplated
by the comprehensive plan and zoning regulations.
RCW 36.70B.040 requires a local government to determine a proposed project's
consistency with its development regulations adopted pursuant to Chapter 36.70A
RCW, the Growth Management Act. Said section provides that in determining
consistency of a particular project, "the determinations made pursuant to RCW
36.70B.030(2) shall be controlling". One of the controlling determinations set forth
in RCW 36.70B.030(2)is:
Density of residential development in urban growth areas.
Thus, since the applicant has established that the project satisfies the density
authorized in the comprehensive plan and FWCC as previously adopted by the
Council, and since these densities are controlling when considering a project's
consistency with the plan and code, the proposed plat must be considered
consistent with adjacent and nearby densities. Construction of detached single
family dwellings on smaller lot sizes than abutting properties does not create an
inconsistent or incompatible use or feature that would not allow orderly integration
or operation with other elements in the system. Smaller lot sizes in and of
themselves do not prohibit harmonious, agreeable, or friendly association with
13_
others.
IV. CONCLUSIONS
From the foregoing findings the Hearing Examiner makes the following conclusions:
The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
The proposed preliminary plat of Silverwood complies with the Single Family High
Density Designation of the Federal Way Comprehensive Plan, the RS-9.6 zone
classification, and the cluster subdivision requirements of the FWCC.
The proposed preliminary plat makes appropriate provision for the public health,
safety, and welfare for open spaces, drainage ways, streets, roads, alleys, other
public ways, transit stops, potable water supplies, sanitary waste, parks and
recreation, playgrounds, schools and school grounds, and safe walking conditions.
The proposed preliminary plat and cluster subdivision will serve the public use and
interest by providing an attractive location for a single family residential subdivision
in the south part of the City. Therefore, the proposed preliminary plat should be
approved subject to the following conditions:
Final plat approval shall require full compliance with drainage provisions set
forth in the FWCC. Compliance may result in reducing the number and/or
location of lots as shown on the preliminary approved plat.
Ao
Drainage plans and analysis shall comply with the 1998 KCSWDM
and amendments adopted by the City of Federal Way. City of Federal
Way approval of the drainage and roadway plans is required prior to
any construction.
Bo
The runoff control facilities within Silverwood shall be located in a
separate Tract A, landscaped to allow for appropriate maintenance of
the facility, and dedicated to the City of Federal Way. Tract B at the
plat entrance shall be owned, landscaped, and maintained by the
homeowners association. A landscape plan for Tract B shall be
submitted to the city for review and approval as part of the plan.
Co
Stormwater quality treatment shall be provided using the basic water
quality menu options of the 1998 KCSWDM, as amended by the City
of Federal Way. Eighth Avenue SW and SW 360"~ Street shall be retro
fitted to provide water quality in accordance with FWCC.
12
o
The off-site Bellacarino Tract A or other over-excavation shall be
designed and constructed in accordance with the KCSWDM to
accommodate the additional runoff volume from the Rosewood
development. Alternatively, the applicant may utilize the City's
proposed SW 356~ Regional Detention Facility, if established prior to
the applicant's construction of Silverwood plat improvements and if
use of the Regional Detention Facility is approved by the Public
Works Director.
Eo
The applicant has voluntarily proposed and preliminarily designed the
Silverwood Tract A storm drainage pond to accommodate the
Rosewood Lane preliminary plat.
Fo
The Bellacarino Woods Pond shall be fenced with a six-foot chain link
fence (black, vinyl-coated) Type 1, and landscaped.
An easement in favor of the city shall be executed over the entire
Silverwood Tract B for ingress, egress, and utilities.
The applicant shall be required to construct all storm drainage improvements
necessary to mitigate all identified conveyance problems that are impacted
by the Silverwood plat, whether existing at the time of preliminary plat
approval or resulting from the plat's development, as identified during
engineering plan review, as required by the Public Works Director.
Engineering approval shall not be granted if it is determined that proposed
mitigation is not adequate to address the impacts of the project.
The final plat drawing shall establish the usable open space in an open
space tract to be owned in common and maintained by property owners of
the proposed subdivision, and prohibiting removal or disturbance of
vegetation and landscaping within the tract, except as necessary for
maintenance or replacement of existing plantings and as approved by the
city. Additional vegetation may be located in open space tracts to meet the
MDNS conditions approved by the city. A note shall be included on the final
plat map that the open space tracts shall not be developed with any
buildings, and may not be used for financial gain.
Prior to issuance of construction permits, a final landscape plan, prepared by
a licensed landscape architect, shall be submitted to the city for approval,
and shall include the following elements:
Ao
Open space landscaping in Tracts B and F;
B. Street trees in right-of-way landscape planter strip;
C. Tree preservation plan; and
Visual screening of the Silverwood Tract A from adjacent right-of-ways
with landscaping and/or fencing. Cyclone fencing, if used, shall be
coated black or green, and shall be screened by vegetation.
The proposed subdivision shall comply with the 1993 King County Road
Standards (KCRS) as amended by the City of Federal Way for this project,
including the.following requirements:
SW 360~ Street shall be improved along the frontage of the project as
a Minor Collector, half-street improvement. Improvements will include
dedication of 32 feet of new right-of-way to combine with the existing
30 feet of right-of-way for a total of 62 feet. The existing pavement
shall be extended an additional 18 feet south from the existing right-
of-way, and improved with a vertical curb and gutter, four-foot planter
strip, street trees, streelights, and six-foot wide sidewalk. Where the
applicant is proposing to regrade the profile of SW 360th Street along
the eastern 200 feet of frontage, the improvements shall include 36
foot pavement width, and curb and gutter on both sides. (The planter
strip and sidewalk shall be required on the south side only).
Bo
Eighth Avenue SW within the plat shall be improved as a Minor
Collector. This includes 62 foot wide right-of-way and 36 foot wide
pavement width, curb and gutter, four-foot planter strips, and six-foot
wide sidewalks on both sides of the roadway, streetlights, and street
trees. The sidewalk on the east side shall be extended to the
intersection of SW 360th Street.
SW 361st, SW 363~d, and SW 365th Streets shall be improved as local
streets, which include 52 foot wide right-of-way and 28 foot pavement
width. Vertical curb and gutter, four-foot planter strips, and five foot
wide sidewalks shall be provided on both sides of the street.
Streetlights and street trees shall also be provided.
Do
Prior to final plat approval, signage shall be installed on all temporary
cul-de-sac barricades as required by the Public Works Director. The
signage shall be a minimum size of three feet by three feet with three
inch letters, and state, "This street is planned for future extension by
future development. For more information contact the City of Federal
Way Public Works Department as 253~661-4131.
Bo
Tracts C, L, I, J, and M shall be improved to the private access tract
standard and shall be limited to serving a maximum of four lots. The
lots that abut these tracts for access shall have undivided ownership
of the tract and be responsible for its maintenance. The maintenance
agreement for the private access tracts shall be included on the plat
and the language approved by the city. Improvements shall include
a 36 foot tract width and 20 foot pavement width. Vertical curb and
gutter and five foot wide sidewalk without planter strips shall be
provided on one side. Tract length shall be limited to a maximum of
150 feet from face of curb to end of tract, unless a 90 foot diameter
turnaround is provided.
Fo
All streets have a minimum pavement section of three inches Class
B asphalt over six inches of crushed surfacing to support the traffic
loads.
o
Clearing for the construction of the plat improvements (roads, pond and
utilities and lots 1, 2, 33, 34, 38-42, 54-65, 69, and 70) shall be generally
consistent with the clearing limits depicted on the Preliminary Road Grading,
Storm Drainage, Water Main, and Sanitary Sewer Plan, Sheet 2 of 8, that
was prepared by the applicant for the preliminary plat process. The clearing
limits referenced above are the approximate clearing limits necessary for
road, utility, pond, and necessary lot grading, and may be modified with the
approval of the Community Development and Public Works Departments
during final engineering plan review as required to reflect changes in road
and utility designs, if any. The remaining clearing necessary for lot
development will be done at the time of house construction on the lots.
RECOMMENDATION:
It is hereby recommended to the Federal Way City Council that the request for
preliminary plat approval of Silverwood be approved subject to the conditions
contained in the conclusions above.
DATED THIS d~DAY OF October, 2000.
Hearing Examiner
TRANSMITTED THIS ~""
DAY OF October, 2000, to the following:
APPLICANT:
Novastar Development, Inc.
G. Wayne Potter
18215 72"d Avenue South
Kent, WA 98032
ENGINEER:
Barghausen Consulting Engineers, Inc.
Robert J. Armstrong, PE
18215 72"d Avenue South
Kent, WA 98032
OWNER:
Delores Ross
36107 6th Ave. SW
Federal Way, WA 98023
B.J. Mottershead
Charles Connon
Michael D. Rutter
Linda Lorentzen
David J. Moore
Carol Stiles
Terry Brink
Larry Karpack
Leonard Hills
H. David Kaplan
James Geluso
Ron Lilley
Skip Holman
Kevin L. Jones
708 SW 357"' St.
35530 6th Ave. SW
36619 6t~ Ave. SW
36607 9th Ave. SW
35817 10th Ave. SW
35816 10t~ Ave. SW
Federal Way,
Federal Way,
Federal Way,
Federal Way,
Federal Way,
Federal Way,
WA 98023
WA 98023
WA 98023
WA 98023
WA 98023
WA 98023
P.O. Box 1157 Tacoma, WA 98401
16300 Christensen Rd. #350 Tukwila, WA 98188
36404 6~ Ave. SW
30240 27~ Ave. S.
32015 1StAve. S.
35615 6~ Ave. SW
P.O. Box 130
Federal Way, WA98023
Federal Way, WA 98023
Federal Way, WA 98003
Federal Way, WA 98023
Bellevue, WA 98009
11730 118~ Ave. NE #600 Kirkland, WA 98034
City of Federal Way
c/o Chris Green
33530 1st Way S.
Federal Way, WA 98003
16
CITY OF FEDERAL WAY
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
STAFF REPORT TO THE
FEDERAL WAY HEARING EXAMINER
PRELIMINARY PLAT OF SILVERWOOD
Federal Way File No. SUB98-0006
PUBLIC HEARING - AUGUST 7, 2000
FEDERAL WAY CITY HALL CITY COUNCIL CHAMBERS
33530 FIRST WAY SOUTH
Table of Contents
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
General Information ............................................................................................................. 2
Consulted Departments and Agencies ................................................................................. 3
State Environmental Policy Act ........................................................................................... 3
Natural Environment ............................................................................................................ 4
Neighborhood Characteristics .............................................................................................. 7
General Design ..................................................................................................................... 7
Transportation .................................................................................................................... 10
Public Services ................................................................................................................... 11
Utilities ............................................................................................................................... 12
Analysis of Decisional Criteria .......................................................................................... 14
Findings of Fact and Conclusion ....................................................................................... 15
Recommendations .............................................................................................................. 19
List of Exhibits ................................................................................................................... 22
Report Prepared by:
Jim Harris, Senior Planner
July 28, 2000
EXHIBIT._.~~~.L_
CITY OF FEDERAL WAY
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
STAFF REPORT FOR THE PUBLIC HEARING OF AUGUST 7, 2000
PRELIMINARY PLAT OF SILVERWOOD
File No: SUB98-0006
Applicant:
Novastar Development Inc.
G. Wayne Potter
18215 72na Avenue South
Kent, WA 98032
Phone: (425) 251-6222
Engineer:
Barghausen Consulting Engineers Inc.
Robert J. Armstrong, PE
18215 72na Avenue South
Kent, WA 98032
Phone: (425) 251-6222
Owner:
Novastar Development Inc.
18215 72na Avenue South
Kent, WA 98032
Action
Requested:
Preliminary plat approval of a 70 lot residential lot cluster subdivision as
provided for under Federal Way City Code (FWCC) Chapter 20,
Subdivisions; and requiring approval pursuant to FWCC Section 20-110.
Staff
Representative:
Jim Harris, Senior Planner, (253) 661-4019
Staff
Recommendation: Preliminary Plat Approval with Conditions
Staff Report to the Hearing Examiner Page 1
Preliminary Plat of Silverwood SUB98o0006
GENERAL INFORMATION
Description of the Proposal - The applicant proposes to subdivide a vacant 29.55 acre
lot into 70 residential single-family lots in a cluster subdivision, with each lot having a
minimum of 4,800 square feet and an average lot size of 5,785 square feet. Since the
proposal is for a cluster subdivision, pursuant to FWCC Section 20-154, the minimum
lot size may be up to one half the size of the underlying zoning requirement.
The preliminary plat map, revised December 3, 1999, along with preliminary road,
drainage, pond, off-site pond, utility, grading, and park/landscape plan by Barghausen
Consulting Engineers are enclosed (Exhibit S-1).
B. Location - The site is located in the southern portion of the city, south and west of the
intersection of SW 360th Street and 8th Avenue SW (Exhibit RS-l).
C. Parcel No. - 302104-9011. Legal description is on the plat map.
D. Size of Property - The subject site has a land area of 1,287,279 square feet (29.55
acres).
E. Land Use and Zoning-
Direction Zoning Comprehensive Plan Existing Land Use
Site RS-9.6~ SF - High Density Vacant
North RS-9.6 SF - High Density SFR2
South RS-15.03 SF - Medium Density Vacant & SFR
East RS- 15.0 SF - Medium Density SFR
West RS-9.6 SF - High Density Vacant & SFR
Background- The preliminary plat of Silverwood was submitted on June 21, 1996, as a
5 l-lot subdivision with four open space tracts. The application was determined
complete on August 23, 1996. On January 6, 1998, the Federal Way City Council
amended provisions of the FWCC Chapter 20, Subdivision. On September 30, 1998, the
developer withdrew the 5 l-lot preliminary plat application, and re-submitted a new
preliminary plat application for a 70-lot (cluster) plat on October 6, 1998. The revised
preliminary plat application was determined complete on November 3, 1998.
~RS-9.6 = single family residential, 9,600 SF minimum lot size.
2SFR = single family residential.
3RS-15.0 = single family residential, 15,000 SF minimum lot size.
Staff Report to the Hearing Examiner Page 2
Preliminary Plat of Silverwood SUB98-0006
II CONSULTED DEPARTMENTS AND AGENCIES
The following departments, agencies, and individuals were advised of this application.
mo
Community Development Review Committee (CDRC), consisting of the Federal Way
Community Development Services Planning and Building Divisions; Public Works
Engineering and Traffic Divisions; Parks Recreation and Cultural Resources
Department; Federal Way Department of Public Safety (Police); 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 and occupants within 300 feet of the site were mailed notices of the
original (1996) and revised (1998) application. The site was also posted and notice
published in the newspaper and on the city's official notice boards. Fifteen comment
letters were submitted in response to the 1998 notices of application, which also
included notice of application for the abutting Rosewood Lane preliminary plat
application (Exhibit RS-2). On December 3, 1998, the city responded to the 13 parties
that provided comments on the notice of application (Exhibit RS-3).
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 decision. In addition, the site was posted and notice placed in the
newspaper and on the city's official notice boards.
III STATE ENVIRONMENTAL POLICY ACT
mo
A Mitigated Environmental Determination ofNonsignificance (MDNS) was issued by the
City of Federal Way for the proposed action on February 17, 2000 (Exhibit S-2). This
determination was based on review of information in the project file, including the
environmental checklist (Exhibit S-3), and staff evaluation of the environmental checklist
for Silverwood (Exhibit S-4) resulting in the conclusion that the proposal would not
result in probable significant adverse impacts on the environment provided the applicant
complies with the mitigation measures in the MDNS.
Bo
Thirteen comment letters were received during the 14-day SEPA comment period
(Exhibit RS-4). On March 13, 2000, the city responded to all parties that provided
written comments on the SEPA decisions (Exhibit RS-5).
Co
The city received two timely appeals of the SEPA MDNS. Pursuant to FWCC Section
20-115, the SEPA appeal hearing and preliminary plat application hearing shall be held
simultaneously. The staff report to the Hearing Examiner on the SEPA appeal is under
separate cover.
Staff Report to the Hearing Examiner Page 3
Preliminary Plat of Silverwood SUB98-0006
IV NATURAL ENVIRONMENT
mo
Storm Water Runoff- Development of the site will create additional runoff from new
impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities
are being designed in accordance with the 1998 King County Surface Water Design
Manual (KCSWDM) and the city's amendments to the manual. The applicant's
preliminary storm drainage Technical Information Report (TIR), revised December
1999, (Exhibit RS-6) was reviewed by the city's Public Works Department. The
preliminary design proposes to collect and convey water through a series of pipes and
catch basins into a storm drainage combination wetpond/detention facility located near
the northeast comer of the Silverwood site. The storm drainage runoff discharges form
the Silverwood wetpond/detention pond to an existing downstream closed depression
located in Bellacarino Woods Tract "A". The applicant is proposing to over-excavate
the pond in Bellacarino Woods Tract "A" in order to provide to compensate for the
increased runoff volume from the Silverwood project.
Bo
Soils - The 1973 King County soils survey map lists the soils type as Alderwood
Gravelly Sandy Loam (AgB). Alderwood soils are characterized as moderately well
drained soils that have a weakly consolidated to strongly consolidated substratum at a
depth of 24 - 40 inches. AgB soils are described as capable for urban development,
runoff is slow, and erosion hazard is slight.
Typical soils excavation will occur with the street construction, at the site of the
wetpond/detention facility, and for utility installation. The preliminary clearing and
grading plan depicts clearing limits for construction of the following facilities: street
right-of way, surface water pond, usable recreation area, and utility development.
Additionally, due to the site topography and to accommodate future lot drainage, the
applicant is proposing to clear and grade lots 1, 2, 33, 34, 38-42, 54-65, 69, and 70
while constructing the plat infrastructure.
C. Topography - The site has a gradual slope rising from the north to the south. The site
does not have any steep slopes or any other geologically hazardous areas.
Do
Vegetation - The site is heavily wooded and consists primarily of second growth forest
with a mixture of conifer and broadleaf trees, with a dense understory of native shrubs.
A second growth mixed forest and a second growth broadleaf forest are the two most
prevalent vegetation types on that portion of the site which will be developed.
Dominant trees include Douglas fir, red alder, and big leaf maple.
A significant tree location worksheet (Exhibit S-5) was submitted with the application.
Two representative one-acre significant tree samples were provided in lieu of surveying
all significant trees on the entire 29.5-acre site. Although the significant trees are not
evenly distributed on the site, the two representative tree plots identify typical samples
of the significant trees located.
Staff Report to the Hearing Examiner Page 4
Preliminary Plat of Silverwood SUB98-0006
Approximately 46 percent of the site (13.5 acres) will be cleared for plat infrastructure
construction as proposed. Clearing 46 percent of the site would result in removal of
approximately 46 percent of the significant trees on the site. The significant tree sample
plan identifies 157 of 354 significant trees (44 percent) will be removed during
infrastructure construction. Therefore, approximately 54 percent of the overall
significant trees on the entire site would remain on the site following infrastructure
construction.
Approval of the preliminary plat is subject to submittal and approval of a tree clearing
plan and landscape plan pursuant to FWCC Section 20-158. City policy and FWCC
Section 20-179 state that existing mature vegetation shall be retained to the maximum
extent possible. Retained significant trees outside of open space areas would be
regulated under FWCC Section 22-1568, Significant Trees, at the time of individual
home construction.
Wetlands - Four wetlands exist on the subject property. The subdivision application
was deemed complete on November 3, 1998, and is vested under codes and regulations
adopted at that point in time. On November 16, 1999, the FWCC was amended in areas
related to wetlands management and the new wetland regulations do not apply to the
subject proposal.
In addition to the three wetlands discussed in the Terra Associates Reports revised
February 25, 1997, (Exhibit RS-7) and September 3, 1998, (Exhibit RS-8) an additional
very small wetland (within Tract H) is discussed in a July 27, 1999, Terra report
(Exhibit RS-9) .The city's wetland consultant, Adolphson Associates Inc. (AAI), has
reviewed the Terra Associates reports and concurred with the wetland delineations and
findings in an October 15, 1999, letter (Exhibit RS-10).
All improvements and land surface modifications on the site are at least 100 feet from
the wetlands in Tracts D, E, G, and H, as required by the FWCC. All on site wetlands
and 100-foot buffers will be preserved and not disturbed. No net loss of wetland or
wetland buffer would result from the project.
A small wetland also exists approximately 300 feet north of the subject property,
adjacent to the west side of 8th Avenue SW (wetland #135). The subject wetland is
identified in the city's wetland inventory as a Type III wetland. The Silverwood
development proposal includes constructing street improvements along 8th Avenue SW
between 356th and 360th, adjacent to this off-site wetland. The 8th Avenue off-site
improvements will include the addition of approximately 18 additional feet of
improvements along the west side of the existing roadbed. The additional 18 feet of off-
site street improvement to 8th Avenue SW will not displace any wetland area; however,
the improvements will fall within the 100-foot wetland buffer of this wetland.
Intrusions into a wetland buffer area for essential public facilities (including streets and
public utilities) are permitted pursuant to FWCC Section 22-1359(b).
Staff Report to the Hearing Examiner
Preliminary Plat of Silverwood
Page 5
SUB98-0006
Fencing is proposed around the wetland buffer within Tract D, as lots directly abut the
100-foot wetland buffer. Fencing is not proposed around the remaining three wetlands
on-site, and the possibility exists for wetland and buffer intrusions without fencing. To
minimize potential wetland and buffer intrusions, fencing and 12 educational signs
(three signs for Tract D, four for Tract E, two for Tract H, and three for Tract G) have
been required under SEPA condition #2.
Wildlife and Habitat - A series of wildlife and habitat evaluations by Terra Associates
Inc., April 10, 1996 (Exhibit S-6), September 25, 1996 (Exhibit S-7), and November
15, 1999 (Exhibit S-8), were provided to the City of Federal Way for review with the
application. No wildlife species recognized as priority species are known to inhabit the
site. Further, pursuant to the September 25, 1996, Terra Associates report, Washington
State Department of Fish and Wildlife (WDFW) priority habitat and species map has no
record of threatened, endangered, or sensitive species of wildlife within two miles of
the site.
The applicant also provided a November 19, 1999, Wildlife Reconnaissance Report by
EA Engineering, Science and Technology (Exhibit S-9), which identifies that no nests
exist on site for medium or large size raptors.
The site provides habitat for small mammals, rodents, and reptiles, as well as songbirds
and insects. The site would also be expected to provide food resources for hawks and
other predators, which may not actually inhabit the site. Some of the habitat for these
animals will be eliminated or displaced by the proposal. In addition, the introduction of
human activities, including domestic animals, to the site will threaten the viability of
any remaining habitat.
Foraging indications from a pileated woodpecker have been found on the site as
discussed in the Terra reports, and this species is identified as a candidate for threatened
or endangered species. However, pursuant to the April 10, 1996, Terra report, the site is
much too small to support a breeding pair of pileated woodpeckers and the subject site
is likely only a small part of the breeding territory associated with the Hylebos Basin.
The primary mitigation of wildlife impacts is through minimization of impact by
preserving 47 percent (14 acres) of the site as open space. Areas within natural open
space (tracts D, E, H, and G) will not be modified by construction and will continue to
provide habitat for some types of wildlife.
SEPA condition #3 imposed on the project requires the remaining habitat opportunity
within the undisturbed portion of Tract F (which is active/usable open space) to be
maximized by appropriate design and construction of any future open area development
within Tract F. Additionally, pursuant to the July 27, 1999, Terra Associates letter,
approximately nine snags, which provide habitat for pileated woodpeckers, will be
removed from the developed portion of the site. SEPA condition #4 requires the
creation of nine snags within permanent open space areas before final plat approval.
Staff Report to the Hearing Examiner Page 6
Preliminary Plat of Silverwood SUB98-0006
The Terra report states that new snags can be generated in the preserved portion of the
site by girdling or topping selected trees.
AAI, working on behalf of the City of Federal Way, has reviewed the submitted
Wildlife and Habitat Evaluations and concurred with the Terra Associates Wildlife
Evaluation as stated in October 15, 1999, correspondence from AAI (Exhibit RS-10).
The WDFW has reviewed the project and accompanying Terra Associates wildlife reports
as discussed in the WDFW December 2, 1999, letter (Exhibit RS-11). In summary, the
WDFW letter concurs with the Terra Associate's July 27, 1999, Wetland/Wildlife Habitat
Evaluation and the November 15, 1999, Wildlife Habitat Evaluation Addendum.
At the city's request, the applicant completed a questionnaire regarding potential
impacts to salmon (Exhibit RS-12) listed under the Endangered Species Act. The city
concurs with the responses in the checklist with the exception of the applicant's
response to items 1 and 2 regarding the current or past presence of endangered salmon
in the Hylebos watershed. Chinook salmon have previously been in the Hylebos
watershed and it is uncertain if these species are currently in the watershed. The
responses in the checklist conclude that if endangered salmon are present in the
Hylebos watershed, the project would not adversely impact said salmon.
V NEIGHBORHOOD CHARACTERISTICS
mo
Vicinity - The property is situated in the southem portion of the city, in a single-family
residential area. The site is vacant. The majority of adjacent properties to the north are
developed with single-family residences on lots ranging from approximately 9,000 to
30,000 square feet. To the east, the majority of the lots are developed with single-family
residences on lots ranging from 15,000 square feet to four acres. The proposed
preliminary plat of Rosewood Lane abuts a portion of the east property line of
Silverwood. To the south, lot sizes range from approximately ½ acre to 15 acres. To the
west, lots range from approximately 9,000 square feet to one acre. The City of Federal
Way SW 363rd Open Space Park abuts the west property line.
SW 363ra Street Open Space - The 363rd Street Open Space Park, owned by the City of
Federal Way, is adjacent to Silverwood, across the undeveloped 12th Avenue SW right-
of-way. The SW 363rd Street Park is approximately five acres in size, consists mostly of
a small wetland, and is intended for passive recreation.
VI GENERAL DESIGN
Lot Layout - The proposed lots range in size from approximately 4,800 square feet to
8,500 square feet, with an average lot size of 5,785 square feet. The minimum lot size
for lots in a cluster subdivision with RS 9.6 zoning is 4,800 square feet. Pursuant to
Staff Report to the Hearing Examiner Page 7
Preliminary Plat of Silverwood SUB98-0006
FWCC Section 20-154, lots created in a cluster subdivision may be up to one-half the
size of the underlying zoning requirement, but in no case smaller than 3,600 square feet.
Pursuant to FWCCC Section 20-153, the total number of lots created cannot exceed the
number of lots which would be permitted in a conventional subdivision on a site of the
same total area, after reservation of the required open space. The total number of lots
permitted is calculated by subtracting the required open space of 15 percent, and
subtracting 20 percent for streets from the gross land available, then dividing by the
minimum lot size of the underlying zoning district. Therefore, the maximum number of
lots which could be created on the subject 29.55 acre parcel is 87 lots, based on the
calculation below.
Total Lot Area
minus 15% open space
minus 20% for streets
1,287,279 sq.ft. (29.55 ac)
193,091 sq.ft.
257,455 sq.ft.
836,733 sq.ft, dividedby 9,600
= 87 lots maximum
Most of the proposed lots are of rectangular shape and 13 lots gain access from private
access roadways. Five flag lots are proposed. As proposed, lot 54 includes a long
extension contiguous to a wetland buffer, which could lead to inadvertent wetland
buffer intrusions. All building setback lines (BSBL) are depicted on the preliminary
plat map, and each lot contains an adequate building area.
B. Open Space - 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 payment. However, in accordance with FWCC
Section 20-154(e), a cluster subdivision must provide all required open space (15
percent) on site and it must all be usable
Total usable open space required for this plat is 193,091 square feet (4.4 acres, 15
percent of the 1,287,279 square foot parcel). To comply with the open space
requirements, the applicant proposes to provide 195,595 square feet of on-site usable
open space, contained within Tracts F and K.
Tract F is a 192,971 square foot parcel (4.4 acres) located in and around three on-site
wetlands and buffers, while also abutting 18 lots. Tract F is accessible from two public
streets, is free of any environmental constraints, and has an average slope of
approximately 1.5 percent.
The applicant has proposed to develop a portion of Tract F with an irrigated open lawn
play area, a children's tot lot, bench seating, picnic tables, bollards, a gravel pathway
and landscaping.
Staff Report to the Hearing Examiner Page 8
Preliminary Plat of Silverwood SUB98-0006
Do
Approximately of Tract F will be left in its current vegetated condition as native open
space. Due to the proximity of the undeveloped portion of Tract F adjacent to wetland
buffers, and its potential to be further developed with additional recreational
improvements in the future, SEPA condition #3 requires any future development of
Tract F beyond that presently proposed to be designed and constructed to protect and
enhance wildlife habitat to the maximum extent feasible.
Tract K comprises 2,624 square feet for a pedestrian path, which provides a pedestrian
connection from SW 361st Court to SW 360th Street.
The applicant has proposed ownership of Tracts F and K to be by the future
homeowners association.
Subdivision Access and Roadway System - Access to the site will be provided by the
southward extension of 8th Avenue SW. Pursuant to FWCC street improvement
standards, all street improvements (except the private access tracts) must be dedicated
as city right-of-way and improved to applicable city standards.
See Section VII. of this report for a detailed description of the proposed roadway
system and improvements.
Pedestrian System - Sidewalks will be provided along all street frontages. Specifically,
full street improvements include five-foot wide sidewalks on both sides of the street.
Half street improvements at SW 360th Street will include a six-foot wide sidewalk and
four-foot planter strip only on the southerly side of the street. A sidewalk will also be
constructed on the west side of 8th Avenue SW off-site between SW 360th and SW 356th
Streets.
Clearing and Grading - FWCC Section 20-178 identifies that all natural vegetation
shall be retained on the site to be subdivided except that which will be removed for
improvements or grading as shown on approved engineering plans. To accommodate
future lot drainage, address some minor topographic changes on-site, and minimize
truck traffic in the vicinity of the project, the applicant has proposed to clear and grade
approximately 46 percent of the site during infrastructure construction. This would
include clearing 23 of the proposed 70 lots.
Landscape Buffers - In accordance with FWCC Chapter 20, Subdivisions, landscape
buffers are specified only when the plat is adjacent to an incompatible zoning district.
The proposed plat is bordered on all sides by single-family residential zoning; therefore,
no perimeter buffers are required. Street trees, when mature, open space vegetation, and
screening of the storm drainage tract, will contribute to visual buffering. Street tree
requirements are described in Section VII. A. of this report.
Staff Report to the Hearing Examiner Page 9
Preliminary Plat of Silverwood SUB98-0006
VII TRANSPORTATION
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Street Improvements - Access to the property will be provided by the southward
extension of 8th Avenue SW from SW 360th Street. In accordance with the FWCC, all
street improvements must be dedicated as city right-of-way (except the private access
tracts) and improved to full street standards.
A September 22, 1998, Traffic Impact Analysis by the Transpo Group was submitted
for the project (Exhibit S-12). The city's Traffic Engineer has reviewed the project and
concluded that the proposed street layout of the Silverwood subdivision is consistent
with the adopted codes and comprehensive plan in place at the time of the complete
application.
SW 360th Street shall be improved along the frontage of the project as a Minor
Collector, half-street improvement. Improvements will include dedication of 32 feet of
new right-of-way to combine with the existing 30 feet of right-of-way for a total of 62
feet. The existing pavement shall be extended an additional 18 feet south from the
existing right-of-way, and be improved with a vertical curb and gutter, four-foot planter
strip, street trees, streetlights, and six-foot wide sidewalk. Where the applicant is
proposing to regrade the profile of SW 360th Street along the eastern 200 feet of
frontage, the improvements shall include 36-foot pavement width, and curb and gutter
on both sides. (The planter strip and sidewalk shall be required on the south side only.)
Eighth Avenue SW within the plat shall be improved as a Minor Collector. This
includes 62-foot wide right-of-way, 36-foot wide pavement width, curb and gutter,
four-foot planter strips, six-foot wide sidewalks on both sides of the roadway,
streetlights, and street trees. The sidewalk on the east side shall be extended to the
intersection of SW 360th Street.
SW 361st, SW 363rd, and SW 365th Streets shall be improved as local streets, which
include 52-foot wide right-of-way and 28-foot pavement width. Vertical curb and
gutter, four-foot planter strips, and five-foot wide sidewalks shall be provided on both
sides of the street. Streetlights and street trees shall also be provided.
Tracts C, L, I, J, and M shall be improved to the private access tract standard and shall
be limited to serving a maximum of four lots. The lots that abut these tracts for access
shall have undivided ownership of the tract and be responsible for its maintenance. The
maintenance agreement for the private access tracts shall be included on the plat and the
language approved by the city. Improvements shall include a 36-foot tract width and
20-foot pavement width. Vertical curb and gutter and five-foot wide sidewalk without
planter strips shall be provided on one side. Tract length shall be limited to a maximum
of 150 feet from face of curb to end of the tract, unless a 90-foot diameter turnaround is
provided.
Staff Report to the Hearing Examiner Page 10
Preliminary Plat of Silverwood SUB98-0006
Pursuant to Public Works Department review, all streets shall have a minimum
pavement section of three inches Class B asphalt over six inches of crushed surfacing to
support the traffic loads.
Street lighting is required on all streets pursuant to FWCC Section 22-1522.
The Public Works Department and Federal Way Fire Department have approved
preliminary roadway improvements and curve radius as proposed.
Off-site Traffic Mitigation - This proposal has been reviewed under the State
Environmental Policy Act (SEPA). The two SEPA conditions listed below were
required to mitigate adverse traffic impacts.
Pursuant to SEPA condition #6, in order to mitigate for potential adverse transportation
impacts resulting from the construction of the project, the applicant must construct the
two-impacted Transportation Improvement Plan (TIP) projects before final plat
approval. In lieu of constructing these TIP projects before final plat approval, the
applicant may voluntarily offer to pay a pro-rata share contribution of $118,200.00
towards the two impacted TIP projects based on the calculation in the MDNS.
Pursuant to SEPA condition #5, in order to mitigate for potential adverse transportation
impacts resulting from the project, 8th Avenue SW off-site between SW 356th Street and
SW 360th Street, shall be improved as a Minor Collector before final plat approval.
Road improvements within the existing 60-foot wide right-of-way shall include 36-foot
pavement width, vertical curb and gutter on both sides, six foot sidewalk, four-foot
planter strip, street trees, and streetlights on the west side.
VIII PUBLIC SERVICES
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 on
August 27, 1999, indicates Enterprise Elementary, Illahee Junior High, and Federal
Way Senior High Schools will serve the proposed subdivision. Elementary and senior
high students from this development would receive bus transportation to and from
school, as these schools are over one mile from the site.
The applicant provided a November1996, School Access Analysis (Exhibit RS-14) that
identifies the path of travel for students walking to Illahee. In summary, a safe route of
pedestrian travel will be provided following construction of the on-site sidewalks and
the off-site sidewalk that will be constructed along 8th Avenue SW between SW 360th
and 35 6th.
School service areas are reviewed annually and may be adjusted to accommodate
enrollment growth and new development.
Staff Report to the Hearing Examiner Page 11
Preliminary Plat of Silverwood SUB98-0006
School impact fees, as authorized by city ordinance and collected at the time of building
permit issuance, are currently $2,383.00 per single-family housing unit. School impact
fees are determined on the basis of the district's Capital Facilities Plan and are subject
to annual adjustment and update.
Parks & Open Space - The Silverwood site is contiguous (across an existing
undeveloped right-of-way) to the existing City of Federal Way SW 363td Open Space
Park. The SW 363rd Open Space is an undeveloped park, which includes a wetland. The
intended use of the site is for passive recreation.
Access to the City of Federal Way's proposed BPA Phase 3 Trail (multi-modal
transportation and recreational) is approximately 1/2 to 3/4 miles north and west of the
Silverwood site.
On-site parks and open space requirements are discussed in Section VI. of this report.
Co
Fire Protection - The Certificate of Water Availability from the Lakehaven Utility
District indicates that water will be available to the site in sufficient quantity to satisfy
fire flow standards for the proposed development. The Fire Department requires that a
fire hydrant be located within 350 feet of each lot. The exact number and location of
fire hydrants will be reviewed and approved by the Fire Department.
IX UTILITIES
mo
Sewage Disposal - The applicant proposes to serve the proposed plat by a public sewer
system managed by Lakehaven Utility District. An August 4, 1998, Certificate of Sewer
Availability (Exhibit S-10) indicates the district's capacity to serve the proposed
development through a Developer Extension Agreement (DEA) between the applicant
and the district. According to the preliminary plat, an extension of the existing sanitary
sewer main is required from approximately 356th Street to serve the site. The applicant
will need to renew the expired certificate and DEA before the engineering approval is
granted.
Water Supply - The applicant proposes to serve the subdivision with a public water
supply and distribution system managed by the Lakehaven Utility District. An August
4, 1998, Certificate of Water Availability (Exhibit S- 11) indicates Lakehaven's capacity
to serve the proposed development through a DEA. The applicant will need to renew
the expired DEA and certificate before the engineering approval is granted.
Co
Drainage Facilities - Development of the site will create additional runoff from new
impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities
are being designed in accordance with the 1998 King County Surface Water Design
Staff Report to the Hearing Examiner Page 12
Preliminary Plat of Silverwood SUB98-0006
Manual (KCSWDM) and the city's amendments to the manual. The applicant's
preliminary storm drainage Technical Information Report (TIR) by Barghausen
Consulting Engineers, Inc., revised December 1999 (Exhibit RS-6), was reviewed by
the city's Public Works Department.
The preliminary design proposes to collect and convey water through a series of pipes
and catch basins into a storm drainage combination wetpond/detention facility located
near the northeast comer of the Silverwood site. The storm drainage runoff discharges
from the Silverwood wetpond/detention facility to an existing downstream closed
depression located in Bellacarino Woods Tract "A". The applicant is proposing to over-
excavate the pond in Bellacarino Woods Tract "A" in order to compensate for the
increased runoff volume from the Silverwood project.
The city has identified downstream conveyance problems associated with stormwater
runoff. Due to these downstream problems, the applicant is proposing to modify
downstream drainage facilities. The storm drainage improvements necessary for this
project are analyzed in the HSPF Hydrologic Analysis of the SW 356th Street Closed
Depression, by Northwest Hydraulic Consultants, February 1998 (Exhibit RS-13).
As with all paved, developed areas, the site will contribute some pollutants to ground
and surface waters as these will be washed off the parking and vehicular areas by
stormwater into the drainage system. Pollutants that accumulate on paved surfaces may
include heavy metals, petrochemicals, and other substances. Consistent with the
requirements of adopted regulations, all water runoff from the paved portions of the
project will be treated either in the on-site wetpond/detention facility or the coalescing
plate separator for the off-site 8th AvenUe SW widening improvements.
The wetland located in the southeast portion of the site currently receives runoff from
sheet flows on the site. The preliminary road and drainage plans propose that roof
drains from six lots will drain into this wetland to approximate the existing runoff
conditions, considering the proposed impervious areas. A catch basin with a pipe
stubbed to the low point of the wetland is proposed between lots 58 and 59 to intercept
overflow runoff from this wetland.
The applicant is also proposing to design the on-site stormwater facility within the Plat
of Silverwood to accommodate an adjoining proposed subdivision called Rosewood
Lane (city file numbers SEP98-0036 and SUB98-0004). In the event Silverwood does
not get constructed, but Rosewood Lane does, the Plat of Rosewood Lane shall provide
its own detention and water quality in accordance with the KCSWDM and subsequent
revisions.
Final review of the stormwater quality and detention will occur in conjunction with the
full drainage review.
Staff Report to the Hearing Examiner Page 13
Preliminary Plat of Silverwood SUB98-0006
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, Subdivisions, Section 20-110,
preliminary plat applications are submitted to the hearing examiner for public hearing. The
preliminary plat application and the recommendation o£the hearing examiner is 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 comprehensive plan.
Staff Comment: The application is subject to the adopted 1995 Federal Way
Comprehensive Plan (FWCP), which designates the property as Single Family - High
Density. The proposed land use, Single Family Residential lot cluster plat, with 4,800
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 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
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 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, promotion of safe and convenient travel on
streets, provision for the housing needs of the community, protection of
Staff Report to the Hearing Examiner Page 14
Preliminary Plat of Silverwood SUB98-0006
environmentally sensitive areas, and preservation of 47 percent of the site for
permanent open space. 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 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 20, Subdivisions; Chapter 18, Environmental Protection; Chapter 22,
Zoning; and all other applicable local and state development codes and regulations. As
proposed, and as recommended by city staff, the preliminary plat application complies
with all applicable statutes, codes, and regulations.
XI FINDINGS OF FACT 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 29.55 acre parcel into 70 single family
lots, in a cluster lot configuration. All adjacent land uses are single family residential.
There are wetlands in several locations on the subject property.
The preliminary plat application is subject to the 1995 FWCP and the codes and
regulations in effect at the time the application was deemed complete, which was
November 3, 1998.
3. The subject property is designated Single Family High Density in the 1995 FWCP.
Zoning for the site is RS-9.6, (minimum lot size 9,600 square feet). Properties to the
north and east of the subject property are also zoned RS 9.6. Zoning to the south and
east of the subject property is RS 15.0 (15,000 square foot minimum lot size). The
proposed residential subdivision and density is consistent with applicable zoning and
subdivision regulations applicable to a lot cluster plat.
o
Pursuant to FWCC Section 20-154, the lot size in a cluster subdivision may be reduced
up to ½ the minimum lot size of the underlying zoning designation. Therefore, the
minimum lot size allowed on the project is 4,800 square feet. All proposed lots exceed
the minimum size required and the average proposed lot size is 5,785 square feet.
°
Pursuant to FWCC Section 20-153, on this 29.55 acre parcel the maximum number of
lots allowed is 87. The maximum number of lots allowed is calculated by subtracting
15 percent of the gross land area for open space and subtracting 20 percent for streets,
and dividing the remaining area by the underlying zoning lot size. The 70 proposed lots
are well below the maximum allowed number of lots.
Staff Report to the Hearing Examiner Page 15
Preliminary Plat of Silverwood SUB98-0006
7.
The cluster plat regulations are intended to promote open space and protect natural
features. The proposed plat results in preservation of approximately 47 percent of the
site (13.9 acres) in open space. Approximately 9.5 acres of the open space is
constrained by wetlands or buffers and the remaining 4.4 acres of open space is usable.
o
An Environmental Mitigated Determination ofNonsignificance (MDNS) was issued for
this proposed action on February 17, 2000. Thirteen comment letters were submitted to
the city before expiration of the comment deadline. The main topics of the comment
letters pertained to stormwater drainage, wetlands, wildlife habitat, plants, and
procedural considerations. The city responded to the comment letters on March 13,
2000, and retained the MDNS as originally issued.
The City of Federal Way received two appeals of the SEPA decision. The appeal issues
pertain to SEPA procedural issues, storm drainage, flooding, property condemnation,
and request for preparation of an Environmental Impact Statement (EIS). Pursuant to
FWCC Section 20-115, and in accordance with state law, if there is an appeal of the
SEPA threshold determination the appeal hearing shall be held simultaneously with the
public hearing in front of the hearing examiner on the preliminary plat. The staff report
on the SEPA appeal is provided under separate cover.
10.
Water and sewer facilities are available from the Lakehaven Utility District and are
adequate to serve the proposed development. The expired availability certificates must
be renewed. It is the applicant's responsibility to secure all necessary water and sewer
services from the utility provider.
11.
Development of the site will create additional runoff from new impervious surfaces
such as streets, driveways, and rooftops. Storm drainage facilities are being designed in
accordance with the 1998 KCSWDM and the city's amendments to the manual. The
applicant's preliminary storm drainage TIR by Barghausen Consulting Engineers, Inc.,
revised December 1999, (Exhibit RS-6) was reviewed and accepted by the city's Public
Works Department.
The preliminary design proposes to collect and convey water through a series of pipes
and catch basins into a storm drainage combination wetpond/detention facility located
near the northeast comer of the Silverwood site. The storm drainage runoff discharges
from the Silverwood wetpond/detention facility to an existing downstream closed
depression located in Bellacarino Woods Tract "A". The applicant is proposing to over-
excavate the pond in Bellacarino Woods Tract "A" in order to compensate for the
increased runoff volume from the Silverwood project.
The city has identified downstream conveyance problems associated with stormwater
runoff. Due to these downstream problems, the applicant is proposing to modify
downstream drainage facilities. The storm drainage improvements necessary for this
project are analyzed in the HSPF Hydrologic Analysis of the SW 356'h Street Closed
Depression, by Northwest Hydraulic Consultants, February 1998.
Staff Report to the Hearing Examiner Page 16
Preliminary Plat of Silverwood SUB98-0006
12.
13.
14.
15.
16.
In conjunction with off-site improvements, these facilities are adequate to serve the
proposed development. Final review and approval of the stormwater engineering plan
will occur in conjunction with full drainage review.
A September 22, 1998, Traffic Impact Analysis by the Transpo Group was submitted
for the project (Exhibit S-12). Public access will be provided by the southerly extension
of 8th Avenue SW from SW 360th Street. The proposed preliminary plat was reviewed to
ensure optimal location and configuration of access to the subject property. As
proposed on the preliminary plat map, future extensions of streets within Silverwood
are proposed for the southerly extension of 8th Avenue SW and SW 361st Street to the
east and west. Temporary cul-de-sacs should be properly signed to denote future
planned extensions of all temporary cul-de-sacs.
Eight Avenue SW and SW 360th Street are designated as local collector streets. All
internal streets (except 8th Avenue SW) within the proposed plat of Silverwood are
designated as local streets by the FWCP. Three-quarter street improvements are
required on 8th Avenue South off-site between SW 356th and SW 360th Streets under
SEPA condition #5. Half-street improvements to SW 360th Street frontage are required
by the FWCC, and full street improvements within the plat are required by the FWCC.
All public right-of- ways will be dedicated to the city. Private access tracts within the
plat must meet applicable city standards. Five separate private access tracts are
proposed to provide access to individual lots. Each proposed private access tract is less
than 150 feet and serves four or fewer lots. Private access will be owned and maintained
by those lot owners receiving access from each tract.
As proposed, each proposed lot contains an adequate size and shape building envelope
to contain a future single-family residence. Building setback lines (BSBL) are identified
on the preliminary plat map. To avoid potential wetland buffer intrusions into Tract D,
lot 54 should be reconfigured on the final plat map to eliminate the long narrow
southerly extension of the lot between ~th Avenue SW and Tract D.
The project applicant provided a November 1996, school access analysis. The off-site
improvements to 8th Avenue SW including a sidewalk on one side of the street and the
on-site sidewalks on all internal plat streets will provide a safe pedestrian route of travel
to Illahee Junior High School. Elementary and senior high school students from the
development will receive bus transportation to and from school.
Implementing the cluster plat provisions results in a large contiguous open space area
on site. Approximately 13.9 acres of on site open space in one contiguous area will be
created by the plat. The on-site open space area links to an existing public park adjacent
to the west side of the site. Existing vegetation will be preserved on approximately 11.4
acres of the 13.9-acre open space area. Although further development of the active
recreation area in Tract F may occur in the future by the developer or homeowners
association, only a small portion of the active open space is currently proposed for
Staff Report to the Hearing Examiner Page 17
Preliminary Plat of Silverwood SUB98-0006
development and vegetation removal. SEPA condition #3 requires any future
development of Tract F to be designed and constructed to protect and enhance wildlife
habitat to the maximum extent feasible.
17.
Tracts F and K comprise over 15 percent of the total site area and meet the intent of the
15 percent usable open space area requirement of FWCC Section 22-154. Tract F is
approximately 4.4 acres and is free of environmental constraints. A portion of Tract F
will be developed with an irrigated open lawn play area, a children's tot lot, bench
seating, picnic tables, bollards, a gravel pathway, and landscaping. Tract K is
approximately 2,600 square feet and will be developed with a pedestrian pathway. The
on-site open space areas will be delineated as a separate tract, and owned and
maintained by the subdivision property owners. A note shall be included on the final
plat that the open space tracts shall not be developed with any buildings, and may not
be used for financial gain.
18.
The clearing and grading limits proposed on plan sheet 2 of 8 will result in clearing and
grading a significant amount of the developed portion of the site. In conjunction with
construction of the plat infrastructure, clearing 23 future lots is also proposed to
accommodate future lot drainage, overcome minor grade changes on site, and minimize
off-site truck traffic. The developer has proposed to clear and grade lots 1, 2, 33, 34, 38 -
42, 54 - 65, 69, and 70 in conjunction with the construction of the plat streets and
utilities.
19.
The subject property is heavily wooded with primarily second growth forest. A May 14,
1999, significant tree worksheet by Barghausen Consulting Engineers was submitted
with the application. The significant tree worksheet estimates that approximately 354
significant trees exist on the 29.5 acre site. Although the significant trees are not evenly
distributed throughout the site, approximately 46 percent of the significant trees on the
property are proposed for removal during plat infrastructure construction and grading of
several lots. Trees that may be left on individual lots following the plat infrastructure
construction may be, and likely will be, removed during individual home construction.
However, any significant trees removed during individual home construction will be
subject to the preservation and replacement standards of the FWCC.
20.
Four wetlands are present on the subject property and are located in Tracts D, E, G, and
H. A 100-foot wetland buffer applies to all of the wetlands. All improvements and land
surface modifications on the site are at least 100-feet from all the wetlands and all
impacts to wetlands have been avoided. SEPA condition #2 requires fencing of all
wetland buffers on site.
21.
The proposed development, when completed, will displace approximately 20 acres of
habitat for small mammals, rodents, reptiles, birds, and insects. Habitat for the pileated
woodpecker, classified as sensitive species by the WDFW, will be impacted. However,
approximately 9.5 acres of wetland and buffer will remain unchanged and continue to
provide habitat. Additionally, 4.4 acres of usable open space area is provided on-site.
Staff Report to the Hearing Examiner Page 18
Preliminary Plat of Silverwood SUB98-0006
Approximately nine snags, which provide habitat for pileated woodpeckers, will be
removed from the developed portion of the site, and will be replaced as required in
SEPA condition//4.
22.
Prior to issuance of construction permits, the applicant will be required to submit a
landscape plan addressing open space landscaping in Tract F, storm drainage tract
screening, Tract B entry landscaping, street trees, and a tree preservation plan.
23. The proposed preliminary plat is permitted by FWCC Chapter 20, Subdivisions, and
Chapter 22, Zoning.
24.
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.
25. 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 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:
Final plat approval shall require full compliance with drainage provisions set forth in
the FWCC. Compliance may result in reducing the number and/or location of lots as
shown on the preliminary approved plat.
mo
Drainage plans and analysis shall comply with the 1998 KCSWDM and
amendments adopted by the City of Federal Way. City of Federal Way approval of
the drainage and roadway plans is required prior to any construction.
The runoff control facilities within Silverwood shall be located in a separate Tract
A, landscaped to allow for appropriate maintenance of the facility, and dedicated to
the City of Federal Way. Tract B at the plat entrance shall be owned, landscaped,
and maintained by the homeowners association. A landscape plan for Tract B shall
be submitted to the city for review and approval as part of the plan.
Stormwater quality treatment shall be provided using the basic water quality menu
options of the 1998 KCSWDM as amended by the City of Federal Way. Eighth
Avenue SW and SW 360th Street shall be retro fitted to provide water quality in
accordance with the FWCC.
Staff Report to the Hearing Examiner Page 19
Preliminary Plat of Silverwood SUB98-0006
o
The off-site Bellacarino Tract A over-excavation shall be designed and constructed
in accordance with the KCSWDM to accommodate the additional runoff volume
from the Silverwood development,.
The applicant has voluntarily proposed and preliminarily designed the Silverwood
Tract A storm drainage pond to accommodate the Rosewood Lane preliminary
plat.
F. The Bellacarino Woods Pond shall be fenced with a six-foot chain link fence
(black, vinyl-coated) Type 1, and landscaped.
G. An easement in favor of the city shall be executed over the entire Silverwood Tract
B for ingress, egress, and utilities.
The applicant shall be required to construct all storm drainage improvements necessary
to mitigate all identified conveyance problems, whether existing or resulting from the
plat's development, as identified during engineering plan review, as required by the
Public Works Director. Engineering approval shall not be granted if it is determined
that proposed mitigation is not adequate to address the impacts of the project.
The final plat drawing shall establish the usable open space in an open space tract to be
owned in common and maintained by property owners of the proposed subdivision, and
prohibiting removal or disturbance of vegetation and landscaping within the tract,
except as necessary for maintenance or replacement of existing plantings and as
approved by the city. Additional vegetation may be located in open space tracts to meet
the MDNS conditions as approved by the city. A note shall be included on the final plat
map that the open space tracts shall not be developed with any buildings, and may not
be used for financial gain.
Prior to issuance of construction permits, a final landscape plan, prepared by a licensed
landscape architect, shall be submitted to the city for approval, and shall include the
following elements:
A. Open space landscaping in Tracts B and F;
B. Street trees in right-of-way landscape planter strips;
C. Tree preservation plan; and
Do
Visual screening of the Silverwood Tract A from adjacent right-of-ways with
landscaping and/or fencing. Cyclone fencing, if used, shall be coated black or
green, and shall be screened by vegetation.
Staff Report to the Hearing Examiner Page 20
Preliminary Plat of Silverwood SUB98-0006
The proposed subdivision shall comply with the 1993 King County Road Standards
(KCRS) as amended by the City of Federal Way for this project, including the following
requirements:
mo
SW 360th Street shall be improved along the frontage of the project as a Minor
Collector, half-street improvement. Improvements will include dedication of 32
feet of new right of way to combine with the existing 30 feet of right of way for a
total of 62 feet. The existing pavement shall be extended an additional 18 feet
south from the existing right of way, and improved with a vertical curb and gutter,
four-foot planter strip, street trees, streetlights, and six-foot wide sidewalk. Where
the applicant is proposing to regrade the profile of SW 360th Street along the
eastern 200 feet of frontage, the improvements shall include 36-foot pavement
width, and curb and gutter on both sides. (The planter strip and sidewalk shall be
required on the south side only.)
Eighth Avenue SW within the plat shall be improved as a Minor Collector. This
includes 62-foot wide right of way and 36-foot wide pavement width, curb and
gutter, four-foot planter strips, and six-foot wide sidewalks on both sides of the
roadway, streetlights, and street trees. The sidewalk on the east side shall be
extended to the intersection of SW 360th Street.
Co
SW 361st, SW 363rd, and SW 365th Streets shall be improved as local streets, which
include 52-foot wide right of way and 28-foot pavement width. Vertical curb and
gutter, four-foot planter strips, and five-foot wide sidewalks shall be provided on
both sides of the street. Streetlights and street trees shall also be provided.
Prior to final plat approval, signage shall be installed on all temporary cul-de-sac
barricades as required by the Public Works Director. The signage shall be a
minimum size of three feet by three feet with three-inch letters, and state, "This
street is planned for future extension by future development. For more information
contact the City of Federal Way Public Works Department at 253-661-4131 ."
Tracts C, L, I, J, and M shall be improved to the private access tract standard and
shall be limited to serving a maximum of four lots. The lots that abut these tracts
for access shall have undivided ownership of the tract and be responsible for its
maintenance. The maintenance agreement for the private access tracts shall be
included on the plat and the language approved by the city. Improvements shall
include a 36-foot tract width and 20-foot pavement width. Vertical curb and gutter
and five-foot wide sidewalk without planter strips shall be provided on one side.
Tract length shall be limited to a maximum of 150 feet from face of curb to end of
tract, unless a 90-foot diameter turnaround is provided.
F. All streets shall have a minimum pavement section of three inches Class B asphalt
over six inches of crushed surfacing to support the traffic loads.
Staff Report to the Hearing Examiner Page 21
Preliminary Plat of Silverwood SUB98-0006
o
Clearing for the construction of the plat improvements (roads, pond and utilities and
lots 1 2, 33, 34, 38 - 42, 54 - 65, 69, and 70) shall be generally consistent with the
clearing limits depicted on the Preliminary Road Grading, Storm Drainage, Water
Main, and Sanitary Sewer Plan, Sheet 2 of 8, that was prepared by the applicant for the
preliminary plat process. The clearing limits referenced above are the approximate
clearing limits necessary for road, utility, pond, and necessary lot grading, and may be
modified with the approval of the Community Development and Public Works
Departments during final engineering plan review as required to reflect changes in road
and utility designs, if any. The remaining clearing necessary for lot development will be
done at the time of house construction on the lots.
7. Lot 54 shall be reconfigured on the final plat map to attach the long narrow strip of land
presently identified as part of lot 54 to the adjacent Tract D.
XIII LIST OF EXHIBITS
S-1.
8-2.
S-3.
S-4.
S-5.
S-6.
S-7.
S-8.
S-9.
S-10.
S-11.
S-12.
Reduced Scale Preliminary Plat of Silverwood & Preliminary Road, Drainage, Pond, Off-Site Pond,
Utility, Grading, And Park/Landscape Plan by Barghausen Consulting Engineers
SEPA MDNS for Silverwood
SEPA Checklist for Silverwood
Final Staff Evaluation for SEPA Checklist, Silverwood
Significant Tree Worksheet, by Barghausen Consulting Engineers Inc.
Terra Associates Wildlife Habitat Evaluation, Silverwood, April 10, 1996
Terra Associates Wildlife Habitat Addendum, September 25, 1996
Terra Associates Wildlife Habitat Addendum, November 15, 1999
EA Engineering, Science, and Technology Wildlife Reconnaissance, November 19, 1999
Lakehaven Utility District Letter of Sewer Availability, September 3, 1998
Lakehaven Utility District Letter of Water Availability, September 3, 1998
Traffic Impact Analysis by The Transpo Group, September 22, 1998
RS-1
RS-2
RS-3
RS-4
RS-5
RS-6
RS-7
RS-8
RS-9
RS-10
RS-11
RS-12
RS-13
RS-14
RS-15
RS-16
RS-17
Vicinity Map
Public Comments on Notice of Application, Rosewood Lane and Silverwood
City of Federal Way December 3, 1998, Response to Public Comments on Notice of Application
Public Comments on SEPA MDNS, Rosewood Lane and Silverwood
City of Federal Way March 13, 2000, Response to Public Comments on SEPA MDNS
Preliminary Technical Information Report for Silverwood, revised December 1999, by Barghausen
Consulting Engineers Inc.
Terra Associates Wetland Evaluation, Revised February 25, 1997
Terra Associates Wetland Evaluation/Wildlife Habitat Evaluation Addendum, September 3, 1998.
Terra Associates Wetland Evaluation/Wildlife Habitat Evaluation Addendum, July 27, 1999.
Adolphson Associates Inc. Letter, October 15, 1999
Washington Department offish and Wildlife Letter, December 2, 1999
Barghausen Cover Letter and ESA Listed Salmon Checklist, November 22, 1999
HSPF Hydrologic Analysis of the SW 356th Street Closed Depression, by Northwest Hydraulic Consultants
Inc, February 1998.
School Access Analysis for Silverwood, by Barghausen Consulting Engineers Inc., November 1996.
SEPA Appeal Letter from Michael Gendler, March 20, 2000
SEPA Appeal Letter from Charles Connon and B.J. Mottershead, March 17, 2000
N.J. Land Development Letter, July 20, 2000
Staff Report to the Hearing Examiner Page 22
Preliminary Plat of Silverwood SUB98-0006
TRANSMITTED TO THE PARTIES LISTED HEREAFTER:
Federal Way Hearing Examiner
Applicant - G. Wayne Potter Novastar Development Inc.
Project Engineer - Barghausen Consulting Engineers
Document ID #9778
Staff Report to the Hearing Examiner Page 23
Preliminary Plat of Silverwood SUB98-0006
CITY OF~
(253) 661-4000
FEDERAL WAY. WA 98003-6210
MITIGATED ENVIRONMENTAL
DETERMINATION OF NONSIGNIFICANCE
Silverwood Cluster Subdivision
Federal Way File No. SEP98-0042
Description
of Proposal:
Proponent:
Location:
Lead Agency:
Cluster subdivision of 29.5 acres into 70 residential lots with an average lot size
of approximately 5,823 square feet. The proposal also includes developing a road
system, street improvements, utilities, storm drainage control improvements, and
other related infrastructure improvements. Approximately 47 percent of the site
will be retained in environmentally sensitive areas and passive or usable open
space area.
G. Wayne Potter (425) 251-6110
Novastar Development Inc.
18215 72nd Avenue South
Kent, WA 98032
SW 360th Street and 8th Avenue SW, Federal Way, Washington. King County tax
parcel # 302104-9011. In the SW ¼ of Section 30, T21N, R4E, WM.
City of Federal Way
The responsible Official of the City of Federal Way hereby makes the following decisions based
upon impacts identified in the environmental checklist, the Federal Way Comprehensive Plan,
the final staff evaluation for this action, 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 pursuant to RCW 43.31 C.060.
The lead agency for this proposal has determined that it does not have a probable significant
adverse impact on the environment, and an Environmental Impact Statement (EIS) is not required
under RCW 43.21 C.030(2)(c) only if the conditions listed below 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.
EXHIBIT
PAGE_ [ OF
MDNS Page 2 Silverwood/S EP98-0042
FINDINGS OF FACT
The subject property is generally located south of the intersection of SW 360'h Street and 8"~
Avenue SW, Federal Way, Washington. The proposal includes the subdivision of 29.5 acres
into 70 residential lots with an average lot size of approximately 5,823 square feet. The
proposal also includes developing a road system, street improvements, utilities, storm
drainage control improvements, and other related infrastructure improvements.
The subject property is zoned RS 9.6, requiring a minimum lot size of 9,600 square feet per
parcel (except in cluster subdivisions). The comprehensive plan designation for the site is
High Density Single Family.
In order to promote open space and protect natural features on the site, the proposed
subdivision is designed as a cluster subdivision pursuant to Federal Way City Code (FWCC)
Section 20-154. Under FWCC Section 20-154, lots created in a cluster subdivision may be
reduced in size below the minimum required in 'chapter 22, up to one half the size of the
underlying zoning requirement (4,800 square feet).
The cluster subdivision as proposed results in approximately 47 percent (14 acres) of the site
remaining in open space. Tracts D, E, G, and H are constrained open space, which comprise
approximately 9.5 acres. Tracts F and K comprising approximately 4.5 acres are usable open
space and conceptually fulfill the FWCC Section 20-155 requirement for a minimum 15
percent gross usable open space. A portion of Tract F is proposed to be developed for active
recreation use, and the remaining portion of Tract F may be potentially developed for
recreation use in the future.
In accordance with code requirements, transportation impacts, pedestrian access, and
improvements necessary for the proposed project were analyzed. A Transportation Impact
Analysis (TIA) was prepared for the proposed project. The results of the analysis indicate
that the potential for adverse impacts exists in the surrounding road network. In its Six Year
Transportation Improvement Plan (TIP), the City of Federal Way has identified two TIP
projects in which the proposed development will exceed the net 10 PM peak hour threshold
that requires project mitigation. The developer must construct the impacted TIP projects or
voluntarily contribute pro-rata mitigation fees.
6. According to the Transpo September 22, 1999 TiA,the project will generate 746 average
weekday trips.
On-site street improvements for the project must comply with adopted city codes. In
addition to constructing on-site roadways, the developer is proposing to construct street
widening, sidewalk, and storm drainage improvements along 8a Avenue SW off-site
between the project site and SW 356'h. EXHIEIIT 9
· MDNS Page 3 Silverwood/SEP98-0042
10.
11.
As identified in the applicant's environmental checklist and preliminary drainage
report/TlR, the design engineer, acting as the applicant's agent, has chosen to voluntarily
design the project to meet the requirements of the 1998 King County Surface Water Design
Manual matching the 2-year and 1 O-year pre-development durations witha 20 percent safety
factor.
The storm drainage is analyzed in the HSPF Hydrologic Analysis of the SW 356'h Street
Closed Depression, by Northwest Hydraulic Consultants, February 1998. Compliance with
adopted city codes will mitigate anticipated storm drainage impacts from the proposal. Final
design and review of the storm drainage system will occur in conjunction with the final
engineering plan review.
The FWCC requires that a minimum of 25 percent of all significant trees located on the site
be retained or replaced. Approximately 46 percent of the site (13.5 acres) is proposed to be
cleared for plat infrastructure construction and would result in removal of apprOximately 46
percent of the significant trees on the site percent. Therefore, approximately 54 percent of
the overall significant trees on the entire site would remain on the portions of site following
infrastructure construction, and replacement of significant trees will not be required due to
the plat infrastructure construction (trees removed for plat infrastructure construction do not
count toward tree replacement, only those trees removed on lots for home construction, play
areas, etc. are subject to the retention/replacement standards). Significant tree retention and
replacement will be reviewed further upon review of individual future building permits for
each residence constructed.
The proposed development, when completed, will displace approximately 20 acres of
habitat for small mammals, rodents, reptiles, birds, and insects. Habitat for Pileated
Woodpecker, classified as sensitive species by Washington State Department of Fish and
Wildlife, will be impacted. However, approximately 9.5 acres of wetland and buffer will
remain unchanged and continue to provide habitat. Additionally, 4.5 acres of usable open
space area is provided on-site. Approximately nine snags which provide habitat for pileated
woodpeckers will be removed from the developed portion of the site.
The propOsed development will generate approximately 48 school age children. Pursuant to
the Federal Way Public School District's August 27, 1999, letter to the City of Federal Way,
the collection of school impact fees will mitigate the school impacts. The current school
mitigation fee is $2,383.00 for a single-family residence and is collected at building permit
issuance for each residence. The Federal Way City Council may adjust the impact fee
annually, and the applicable fee would be determined at the time a complete individual
single-family building permit is submitted to the city.
EXHIBIT_ 5. _
PAGE 3 OF__
MDNS Page 4 Silverwood/SEP98-0042
12.
There are four wetlands on the subject property. All wetlands and wetland buffers on site
will be preserved with 100-foot buffers, and no wetland or buffer intrusions are proposed.
The project complies with the applicable FWCC requirement for 100-foot wetland buffers,
which code was in place when a complete preliminary plat application was submitted to the
city. Once the site is developed, the possibility of human and domestic animal intrusions
into the wetlands and buffers on-site would increase. Wetland buffer fencing and
educational signage regarding wetlands should minimize potential disturbance to the
wetlands and buffers.
13. The Final Staff Evaluation for Environmental Checklist, File No. SEP98-0042, is hereby
incorporated by reference as though set forth in full.
CONCLUSIONS OF LAW
Federal Way's 1995 Comprehensive Plan Policies adopted by Federal Way, and contained
within the 1995 Federal Way Comprehensive Plan (FWCP), serve as a basis for the exercise of
substantive SEPA authority to approve, condition, or deny proposed actions applicable to
potential adverse environmental impacts resulting from this project. The following components
of the FWCP support the conditions for the development.
Natural Environment Goal 6 (NEG6): Protect and enhance the functions and values of the
City's wetlands.
Natural Environment Policy 60 (NEP60) The City should encourage information and
educational programs and activities dealing with the protection of wildlife. An example of
such a program is the Backyard Wildlife Sanctuary program established by the State
Department of Fish and Wildlife.
NEP11: The city should encourage the retention of surface water runoff in wetlands in
regional retention facilities, and in detention ponds, or use other similar storm water
management techniques to promote aquifer recharge.
NEGI: To preserve the City's natural systems in order to protect public health, safety and
welfare, and to maintain the integrity of the natural environment.
NEP2: Preserve and restore ecological functions, and enhance natural beauty, by
encouraging community development patterns and site planning that maintains and
complements natural land forms.
NEG12: Preserve, protect, and enhance fish and wildlife habitat
EXHIBIT
PAGE_ __OF
MDNS Page 5 Silverwood/SEP98-0042
LUP18: Encourage the development of parks and the dedication of open space in and
adjacent to residential areas to preserve the natural setting of Federal Way.
NEP5 7: The City should encourage residents and businesses to use native plants in
residential and commercial landscaping.
Transportation Goal 2 ~G2): 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.
Transportation Policy 16 ~P16): Establish a LOS standard based on a planning
methodology using VMT congested to measure the LOS citywide, and an operational
methodology for development impact mitigation corridors, and intersections based on LOS
E -- v/c less than or equal to 0.9.
TP52: Work to extend the existing system of sidewalks, bikeways, and equestrian ways in
the city to provide safe access to public transit, neighborhood and business centers, parks,
schools, public facilities, and other recreational attractions.
SEPA CONDITIONS
Based on the above policies, the following mitigation measures are required to minimize
identified potential significant adverse impacts.
Due to the downstream natural closed depression this project drains to, cleating, grading,
and street/utility work for the plat improvements will not be permitted from October 31 to
March 30, unless approved in writing by the Public Works Director.
Prior to final plat approval, the developer shall provide and implement a plan for the fencing
and signing of all wetlands and wetland buffers on the site. The fencing shall be of similar
nature to the proposed split rail wetland fencing proposed on sheet 4 of the road section and
detail plans. Additionally, a minimum of 12 educational signs shall be provided around the
on-site wetland buffers. A final plan for sign content, sign placement, and fence design shall
be developed by a qualified professional and provided to the city for review and approval by
the city at the applicant's expense prior to implementation by the developer.
o
Any development within Tract F beyond the improvements proposed on sheet L-1 (revised
12/20/99) shall be designed and constructed as required by the Director of Community
Development Services to protect and enhance wildlife habitat to the maxtgl~rl;t.e.x.te,~nt.__
· PAGE,, %
MDNS Page 6 Silverwood/SEP9g-0042
o
feasible. This effort may include, but is not limited to, vegetation removal and/or
enhancement, and construction or improvement of Tract F for active recreation by the
developer, future homeowners association, or the party responsible for ownership of the
tract. A note to this effect shall be included on the final plat map.
Prior to final plat approval, the developer shall develop and implement a plan for the
creation of nine snags within permanent open space areas. The plan shall be based on an
evaluation of trees remaining following the cleating and grading phase of plat infrastructure
construction. The plan shall be developed by a qualified professional and shall be reviewed
and approved by the city at the applicant's expense prior to implementation by the
developer.
In order to mitigate for potential adverse transportation impacts resulting from the project,
8th Avenue SW off-site between SW 356th Street and SW 36ffh Street, shall be improved as a
Minor Collector. Road improvements within the existing 60-foot wide right-of-way shall
include 36-foot pavement width, vertical curb and gutter on both sides, six-foot wide
sidewalk, four-foot wide planter, street trees, and street lights on the west side.
In order to mitigate for potential adverse transportation impacts resulting from the
construction of the project, the TIP improvements listed below must be constructed by the
applicant prior to final plat approval. In lieu of constructing these TIP projects prior to final
plat approval, the applicant may voluntarily offer to pay a pro-rata share contribution of $
118,200.00 towards the following (TIP) projects based on the calculation below.
Pro-rata Share Contribution to Transportation Improvement Projects
Pro-rata share contribution is required using the following formula:
Pro-rata share percentage = project PM peak hour trips/future with project
PM peak hour volume x 100.
Pro-rata share amount = pro-rata share percentage x estimated TIP project
cost / 100.
The pro-rata share percentage is calculated using PM peak hour volumes and
was determined by the traffic impact analysis. The pro-rata share amount is
calculated below and is rounded to the nearest 100 dollars.
S 348~ St between 9th Av S and SR 99: Construct HOV lanes and eastbound
right-tm lane at SR 99. Total estimated project cost is $3,096,000.
Pro-rata share percentage
Project contribution
= 11/3071 x 100 = 0.36%
= 0.36 x 3,096,000 / 100 = $11,100
EXHIBIT
PAGE OF
MDNS Page 7 Silverwood/SEP98-0042
S 356th St between 1~ Av S and SR 99: Widen to five lanes. Total estimated
project cost is $7,205,000.
Pro-rata share percentage
Project contribution
= 23/1548 x 100 -- 1.49%
-- 1.49 x 7,205,000 / 100 = $107,100
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 by 5:00 p.m. on March 6,
2000.
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.
Contact Person: Jim Harris, Senior Planner, (253) 6614019
Responsible Official: Stephen Clifton, AICP, Director of Community Development Services
Address: 33530 First Way South, Federal Way, WA 98003
L:~PP..MS YS~DOC~EP98_00.42~nd~ .doc
EXHIBIT
PAGE 7
5.2-
OF ?
,1
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF:
SILVERWOOD PRELIMINARY PLAT &
ROSEWOOD LANE PRELIMINARY PLAT
SEPA APPEALS
)
)
)
)
)
)
)
FWHE# 00 -12
SEP98-0042 & SEP98-0036
o1. SUMMARY OF APPLICATION
The appeal of two Mitigated Determination of Nonsignificances (MDNS) pursuant
to the State Environmental Policy Act (SEPA) for the proposed preliminary plat applications
of Silverwood and Rosewood Lane.
II. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
September 25, 2000
October 9, 2000
At the hearing the following presented testimony and evidence:
1. Jim Harris, Senior Planner, City of Federal Way
2. Cary Roe, Director of Public Works, City of Federal Way
3. Bob Sterbank, Deputy City Attorney, City of Federal Way
Tom Barghausen, applicant, Nova Star Development, Inc., 18215 72nd Ave.
South, Kent, WA 98032
5. Terry Brink, attorney for applicant, P.O. Box 1157, Tacoma, WA 98401
6. Charles Connon, appellant, 35530 6th Ave. SW, Federal Way, WA 98023
7. Bernard Mottershead, appellant, 708 SW 357th St., Federal Way, WA 98023
8. Ronald Lilley, 35615 6th Ave. SW, Federal Way, WA 98023
9. Patricia Owen, 926 SW 356th St., Federal Way, WA 98023
10. Michael Rutter, 36619 6~h Ave. SW, Federal Way, WA 98023
11. David Moore, 35817 10th Ave. SW, Federal Way, WA 98023
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Staff Report with all attachments
Rosewood Lane Staff Report and attachments
Environmental Appeals
Power Point Presentation
Letter from John Davis
Letter from Alma Bennett
Revised conditions
Letter from Ray Parke withdrawing appeal
HSPF Analysis dated 8-3-00 (revision)
Poster board of SW 356"' storm water facility
Terry Brink's Letter Memorandum
Letter from David Kaplan
Drawings for Silverwood submitted by Terry Brink
Drawings for Rosewood Land submitted by Terry Brink
Letter from Department of Fish and Wildlife dated December 2, 1999
Charles Connon's comments
Photos submitted by Barghausen Engineering
Wide angle photo submitted by Bernard Mottershed
Large photos submitted by Barghausen Engineering
2
20. Petition submitted by Michael Rutter
21. Bernard Mottershead's supplemental submission
22. Exhibit showing pipe under 356th St.
23. Document - Affidavit of Distribution
24. Sign Installation Certificate
25. Document Affidavit - September
26. Page 1-57 of the 1998 Surface Water Manual
27. Page 1-35 of the 1998 Surface Water Manual
28. Public Notice (yellow sheet) published on City Hall doors
III. FINDINGS
The Hearing Examiner has heard testimony, admitted documentary evidence into
the record, and taken this matter under advisement.
The Community Development Staff Report sets forth general findings, applicable
policies and provisions in this matter and is hereby marked as Exhibit "1" and
incorporated in its entirety by this reference.
On October 6, 1998, the City received a completed application for the 29.5 acre, 70
lot, cluster subdivision of Silverwood. On October 30, 1998, the City received a
completed application for the 4.7 acre, nine lot Rosewood Lane conventional
preliminary plat. Even though the plats are proposed for adjacent parcels and will
share a new access read; the City's responsible official (RO) determined that each
plat could be developed independently, that they were therefore two separate
projects, and they should under separate review pursuant to the State
Environmental Policy Act (SEPA). Following SEPA review, the RO issued a
threshold Mitigated Determination of Nonsignificance (MDNS) for both subdivisions
on February 17, 2000.
On March 20, 2000, Michael Gendler, attorney at law representing Roy Parke,
timely filed appeals of the threshold determinations for both preliminary plats. On
March 17, 2000, Charles Connon and Bernard Mottershead, co-appellants, also
appealed both threshold determinations. On September 20, 2000, Roy Parke
withdrew his appeals of the threshold determinations of both projects based upon
3
the sale of his property to the plat applicant. The Connon/Mottershead appeal
consists of a March 17, 2000, letter signed by the appellants which incorporated an
attached March 3, 2000, letter signed by Mr. Connon; a February 23, 2000, letter
signed by Mr. Mottershead; and a November 19, 1998, letter signed by Mr.
Mottershead.
In reviewing the environmental impacts of a project pursuant to SEPA and imposing
mitigating measures thereunder, the RO must first consider whether City
ordinances, state laws, and/or Federal requirements would mitigate an identified
significant impact (WAC 197-11-330(1)(c); 197-11-660(1)(e). In the Rosewood Lane
MDNS the RO determined that City ordinances did not mitigate two probable
significant adverse environmental impacts, and imposed two mitigating measures
which the applicant agreed to satisfy. These mitigating measures prohibiting
clearing, grading, and street utility work for plat improvements from October 31,
2000, to March 30, 2000, unless approved in writing by the Public Works Director.
The second measure required off-site improvements to 6th Ave. SW. Mitigating
measures in the Silverwood subdivision included the same limitation as to clearing,
grading, and street/utility work; required the fencing and signing of wetlands and
buffers; limited uses in Tract F; required the creation of nine new snag trees within
permanent open space areas; required off-site street improvements; and required
pro-rata share payments to City traffic improvement projects.
The Examiner has reviewed the appellants' appeal of the RO's threshold
determination, the City's response contained in its staff report, and the applicant's
response set forth in Exhibit "KK" to Exhibit "11" and finds that the issues raised are
either adequately addressed by existing ordinances and laws or do not allege
probable significant adverse environmental impacts. Alleged errors include the
failure to require a full drainage review for the over-excavation of the Bellacarino
Woods Tract A drainage pond; erroneously not considering the Rosewood Lane
and Silverwood plat applications jointly and together with the Bellacarino Woods
retention pond excavation as a single action under SEPA; failure to require an
environmental impact statement due to recent flooding in the vicinity of the project;
failure to address an inconsistency in the applicant's documentation; an allegation
that inadequate separation of three feet or more is not provided between the
groundwater table and the bottom of the excavated Tract A pond; an allegation that
an emergency overflow does not exist for the Tract A pond; failure to evaluate the
storm drainage plan under full drainage review and shared facility drainage plans;
invalid pond volume calculations; an incorrect HSPF hydrological analysis;
development of the Silverwood plat in an environmentally sensitive area; and
proposed usage of an existing, undersized 18 inch storm drainage line under S.
356th St.
All of the appellants' substantive issues have either already been addressed or will
be addressed between preliminary and final plat approval. All storm drainage
issues including downstream conveyance systems are subject to standards adopted
by the Federal Way City Council. The expansion of the Bellacarino Woods storm
drainage pond has previously received environmental review, and since all storm
drainage within a large basin drains to said pond, it is proper to consider
environmental impacts associated with expanding the pond separately as opposed
to joining it with every project proposed within the basin. If the City elects to expand
the Bellacarino Woods pond into a regional storm drainage facility, such will require
further environmental review. Finally, the Silverwood plat protects and preserves all
environmentally sensitive areas on the site, in accordance with criteria adopted by
the City Council.
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.
As stated by Division I of the Washington Court of Appeals in Des Moines v. Puget
Sound Regional Council, 98 Wn. App. 23 (1999):
SEPA is a procedural statute designed to ensure that local
governments consider the environmental and ecological effects of
major actions to the fullest extent. SEPA's purpose is to provide
decision-makers with all relevant information about the potential
environmental consequences of their actions and to provide a
basis for a reasoned judgment that balances the benefits of a
proposed project against its potential adverse effects. 98 Wn. App
23 at 365.
The applicant's environmental checklists coupled with the numerous studies
required by the City as set forth on pages one and two of the Final Staff Evaluation
for the Silverwood lot clustering preliminary plat, and additional studies to include
the Traffic Impact Analysis, revised hydrological assessments, and revised storm
drainage assessments provide the decision-makers with all relevant information
about the potential environmental consequences of plat development to include the
expansion and deepening of the Tract A pond in the Bellacarino Woods subdivision.
The RO did not err by deciding to consider Rosewood Lane and Silverwood as
separate applications for SEPA review. WAC 197-11-060(3)(b) states in part:
5
Proposals or parts of proposals are closely related, and they shall
be discussed in the same environmental document, if they: (i)
cannot or will not proceed unless the other proposals (or parts of
proposals) are implemented simultaneously with them; or (ii) are
independent parts of a larger proposal depend on the larger
proposal as their justification or for their implementation.
Silverwood and Rosewood Lane are independent, separate proposals which can
proceed independent of the other. While they may share access and storm drainage
facilities, they are under separate ownership, are under different zoning, and
propose different subdivision designs (traditional plat and cluster plat). Even so, the
City concurrently processed both plats, conducted concurrent SEPA reviews, and
issued threshold determinations concurrently. The RE) correctly found no
compelling reason to merge the two environmental reviews into a single document.
Section 18-51(d) of the Federal Way City Code (FWCC) states in part as follows:
The determination by the City's responsible official shall carry
substantial weight in any appeal proceeding.
The appellants have not overcome their substantial burden of showing that the RO
erred in considering both plats and the work in the Bellacarino Woods retention
ponds in separate documents as opposed to the same environmental document.
RCW 43.21C.030(C) and WAC 197-11-330 require an environmental impact
statement for major actions significantly affecting the quality of the environment.
WAC 197-11-794 defines "significant" as "a reasonable likelihood of more than a
moderate adverse impact on environmental quality". WAC 197-11-794(2) states
that significance "does not lend itself to a formula or quantifiable test" as physical
setting, intensity, magnitude, and duration must all be considered. WAC 197-11-
330 establishes a process including criteria and procedure for determining whether
a proposal is likely to have a significant adverse environmental impact, including
specific considerations which the environmental official must evaluate. In the
present case, the RO properly considered the definition of "significance" and
properly followed the procedures and applied the tests set forth in WAC 197-11-330.
The case of Hayden v. Port Townsend, 93 Wn. 2d 870 (1980), holds that the
Hearing Examiner's standard of review for an MDNS appeal is "clearly erroneous".
A finding is "clearly erroneous" when although there is evidence to support it, the
Examiner is left with the definite and firm conviction that the RO made a mistake.
The burden is on the appellant to show that the RO's decision is clearly erroneous.
The Examiner has reviewed the appeal and finds that the appellants have not
satisfied their burden of establishing that the RO's decision to issue an MDNS was
clearly erroneous. The mitigating measures will mitigate possible adverse
environmental impacts.
Concerns were raised that a previous project (Forest Ridge) proposed for the same
site was required by the RO to prepare an ElS, but these two plats were not. The
Forest Ridge project proposed twice as many lots as the proposed plats and
included 55 acres as opposed to 30 acres. Furthermore, the Forest Ridge applicant
did not provide any of the studies requested by the RO to evaluate potential
environmental impacts and mitigation therefore. In the present case, the applicant
responded by submitting additional information pursuant to the RO's request in
accordance with WAC 197-11-335. The RO then determined, following receipt of
said information and negotiations with the applicant, that an MDNS could be issued
for the project pursuant to WAC 197-11-350. The MDNS process has been
specifically approved by the Washington Supreme Court in the cases of Hayden v.
Port Townsend, supra., and West 514 v. Spokane County , 53 Wn. App. 838
(1989).
The appellants also assert that the project should not go forward since it will require
condemnation of private properties for the storm drainage pond. Condemnation
issues are beyond the scope of the Examiner's jurisdiction and are within the
jurisdiction of the Superior Court.
DECISION:
The appeals of Charles Connon and Bernard Mottershead of the environmental
official's issuance of an MDNS for the preliminary plats of Silverwood and
Rosewood Lane are hereby denied.
DATED THIS ¢ ~-q:)AY OF October, 2000.
SI'I~PClEN k.'cAOssEA0x, JR:
Hearing Examiner
TRANSMITTED THIS
DAY OF October, 2000, to the following:
APPLICANT:
Novastar Development, Inc.
G. Wayne Potter
18215 72"d Avenue South
Kent, WA 98032
ENGINEER:
Barghausen Consulting Engineers, Inc.
Robed J. Armstrong, PE
18215 72nd Avenue South
Kent, WA 98032
OWNER:
Delores Ross
36107 6th Ave. SW
Federal Way, WA 98023
B.J. Mottershead
Charles Connon
Michael D. Rutter
Linda Lorentzen
DaVid J. Moore
Carol Stiles
Terry Brink
Larry Karpack
Leonard Hills
H. David Kaplan
James Geluso
Ron Lilley
Skip Holman
Kevin L. Jones
708 SW 357t~ St.
35530 6th Ave. SW
36619 6t~ Ave. SW
36607 9th Ave. SW
35817 10th Ave. SW
35816 10"~ Ave. SW
Federal Way,
Federal Way,
Federal Way,
Federal Way,
Federal Way,
Federal Way,
WA 98023
WA 98023
WA 98023
WA 98023
WA 98023
WA 98023
P.O. Box 1157 Tacoma, WA 98401
16300 Christensen Rd. #350 Tukwila, .WA 98188
36404 6t~ Ave. SW
30240 27t~ Ave. S.
32015 1st Ave. S.
35615 6t~ Ave. SW
P.O. Box 130
Federal Way, WA 98023
Federal Way, WA 98023
Federal Way, WA 98003
Federal Way, WA 98023
Bellevue, WA 98009
11730 118t~ Ave. NE #600 Kirkland, WA 98034
City of Federal Way
cio Chris Green
33530 1st Way S.
Federal Way, WA 98003
PROCESS IV
Rights to Appeal
Decisions of the hearing Examiner may be appealed by any person who is to receive a copy of
that decision under FWCC Section 22-443.
The appeal, in the form of a letter of appeal, must be delivered to the Department of Community
Development Services within fourteen (14) calendar days after the issuance of the Hearing
Examiner's decision. The letter of appeal must contain:
A statement identifying the decision being appealed, along with a copy of the
decision;
A statement of the alleged errors in the Hearing Examiner's decision, including
specific factual finds and conclusions of the Hearing Examiner disputed by the
person filing the appeal; and
The appellant's name, address, telephone number and fax number, and any other
information to facilitate communications with the appellant.
The person filing the appeal shall include, with the letter of appeal, the fee established by the
City of the costs of preparing a written transcript of the hearing (or in the alternative, the
appellant may prepare the transcript at his or her sole costs from tapes of the heating provided by
the City).The appeal will not be accepted unless it is accompanied by the required fee and cost
(or agreement of the appellant to prepare the transcript).
Appeals from the decision of the Hearing Examiner will be heard by The City Council. The
decision of City Council is the final decision of the City.
The action of the City in granting or denying an application under this article may be reviewed
pursuant to RCW 36.70C in the King County Superior Court. The Land Use Petition must be
filed within twenty-one (21) calendar days after the final land use decision of the City.
City of
:]:ederal Way
Rosewood Lane
and Silverwood
Preliminary Plat
Applications
Map Date: July 27, 2000
City of Federal Way,
33530 First Way S,
Federzl Way, WA 98003
(253) 661-4000.
This map is intended for use as a
~raphical representation ONLY. Thc
ity of Federal Way makes no
warranty as to its accuracy.
$.W. 356TH
$.W. 364TH SI.
$.W. 356TH bT.
(MCT OPl ~)
Legend:
~' City Limits
[~ Right of Way*
~ Rosewood Lane
Subdivision
~ Silverwood
Subdivision
~ SW 363rd Open
Space
ma Bellacarino
Tract A
Detention Pond
*Not all right of way
is developed
Vicinity Map
Scale: 1 to 6240
1 Inch equals 520 Feet
0 500 Feet
N
GI$; D{VI~ON
luserslmkeslcdlcplan/mse.lml
PRELIMINARY PLAT/LOT CLUSTERING
i A PORTION OF 'IHE SW 1/40t= SEC' 30,'fWP' 21. I~;~- 4 F- WJcL
~-rZ .... ~- .... KI~, CITY OF:~ WAY, WASIdlNCiTON
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OVERALL UTh_ ( PLAN
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K[I-4(~ OOUNT~, CITY ~ ~L WAy, WA~T~
,
~ /
PRELIMINARY ROAD GRADING, STORM,
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WA :IMAIN AND SANITARY SEWER PLAN
PRELIMINARY ROAD AND L
K~G COUNt, C~['Y O~ Fi~RAL. WAY,
,*xlNAGE PLAN
z
ONSf'f~ ROADWAY SECTION
(~ ACCESS)
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DI:'rENIION PO~ID PLANTIN~ 'bEI-AL
z
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE PRELIMINARY PLAT OF SILVERWOOD,
FEDERAL WAY FILE NO. SUB98-0006.
WHEREAS, the applicant Novastar Development Inc., applied to the City of Federal Way for
preliminary plat approval to subdivide certain real property known as Silverwood and consisting of 29.55
acres into seventy (70) single family residential lots located south and west of the intersection of SW 360th
Street and 8~h Avenue SW; and
WHEREAS, on February 17, 2000, an Environmental Mitigated 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 (SEPA), RCW 43.21 C; and
WHEREAS, on March 17, 2000. Charles Connon and Bernard Mottersheadfiled an appeal of
the SEPA environmental mitigated determination of nonsignificance; and
WHEREAS, on March 20, 2000, Michael Gendler on behalf of Roy Parke filed an appeal of
the SEPA environmental mitigated determination of nonsignificance; and
WHEREAS, on September 20, 2000, Michael Gendler on behalf of Roy Parke withdrew the
appeal of the SEPA environmental mitigated determination of nonsignificance; and
WHEREAS, pursuantto Federal Way City Code Section 20-115, the SEPA appeal hearing and
preliminary plat application open record hearing shall be held simultaneously; and
WHEREAS, at the applicants request, the Federal Way Land Use Hearing Examiner on
August 4, 2000, continued the public hearing until September 25, 2000, concerning the Silverwood
preliminary plat and the SEPA appeal; and
RES # , PAGE 1 EXHIBII--.
WHEREAS, following the conclusion of said hearing, on October 9, 2000, the Federal Way
Land Use Hearing Examiner issued a written Report and Recommendationcontaining findings,conclusions,
and recommending approval of the preliminary plat of S ilverwood subject to conditions set forth therein; and
WHEREAS, following the conclusion of said hearing, on October 9, 2000, the Federal Way
Hearing Examiner issued a written Report and Decision containing findings and conclusions denying the
SEPA environmental appeal of Charles Connon and Bernard Mottershead; and
WHEREAS, no appeal of the Hearing Examiner decision on the SEPA environmental appeal
was filed, and the SEPA appeal period expired on October 23, 2000, 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 November 21, 2000, the City Council considered the written record and the
Report and Recommendation of the Hearing Examiner on the Silverwood preliminary plat, pursuant to
Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City Codes;
Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Adoption of Findings of Fact and Conclusions.
1. The findings of fact and conclusions of the 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.
RES #__., PAGE 2
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.
The public use and interest will be served by the preliminary plat approval granted
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 preliminary plat of Silverwood, Federal Way File No. SUB98-0006 is hereby
approved, subject to conditions as contained in the Recommendation of the Federal Way Land Use Hearing
Examiner dated October 9, 2000 (Exhibit A).
Section 3. Conditions of Approval Integral. The conditions of approval of the 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.
RES #__., PAGE 3
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 consistentwith 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 immediatelyupon passage by the
Federal Way City Council.
THIS
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
__ DAY OF ., 2000.
CITY OF FEDERAL WAY
ATTEST:
MAYOR, MIKE PARK
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
INTERIM CITY ATTORNEY, ROBERT S. STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION No.
L:\CSDC\docs\Save\91645835.DOC
RES # ., PAGE 4
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
FROM:
VIA:
SUBJECT:
October 30, 2000
Phil Watkins, Chair
Land Use and Transportation Committee (LUTC)
Kathy McClung. Interim Director of Community Development Services ~
David Moseley, City Manag~~
Planning Commission Recommendation - Cluster Subdivision amendments to
Chapter 20 (Subdivision Code) and Chapter 22 (Zoning) of the Federal Way City
Code.
I. INTRODUCTION AND BACKGROUND
In July, the Federal Way City Council adopted a moratorium on cluster subdivisions. In the
moratorium ordinance the Council directs staff to bring the issue to the Planning Commission. The
ordinance identifies the following citizen concerns: adequate distance between residential
structures, minimum lot sizes, and the buffering of more dense cluster subdivisions from other,
existing less dense residential uses.
Cluster subdivisions have been permitted since the city incorporated in 1990. The regulations were
revised in 1996 to include a minimum lot size, a provision that all open space has to be on-site and
usable, a provision for zero-lot line development and a formula to calculate density. (For more
detailed background and history see Planning Commission staff report)
Attached are the folloWing:
Exhibit A - Proposed Ordinance with Planning Commission recommendations incorporated
Exhibit B - September 20, 2000, City of Federal Way Planning Commission Report (Staff
Report to the Planning Commission)
Exhibit C- June 21, 2000, Planning Commission Minutes
Exhibit D - Letters submitted to Planning Commission
The proposed amendments have been prepared in "line-in/line-out" format, with strikeeuts
(proposed deletions) and underline (proposed additions) indicated.
II. REASON FOR COUNCIL ACTION
FWCC Chapter 22, "Zoning," Article IX, "Process VI Review," establishes a process and criteria
for FWCC text amendments. Consistent with Process VI review, amendments to the FWCC text
must be approved by the City Council based on a recommendation from the Planning Commission.
The Subdivision Code does not require Planning Commission review. However, they reviewed it
since the cluster subdivision moratorium resolution specifically called for it.
III. PLANNING COMMISSION RECOMMENDATION
As discussed below in Section IV-- Procedural Summary of this staff report the Planning
Commission conducted a public hearing on the proposed text amendments to the FWCC regarding
cluster subdivisions on September 20, and October 4~h, 2000. Three members of the public were
present at the first public hearing, approximately 12 citizens attended the second meeting, and four
letters were entered into the record.
The Planning Commission considered the proposed FWCC text amendments in light of the
decisional criteria outlined below in Section Vofthis report. By a unanimous vote of the Planning
Commission (4-0), the Planning Commission recommended that the City Council adopt the Zoning
and Subdivision Code text amendments as amended by the Planning Commission. The Planning
Commission recommended draft, which identifies the proposed text amendments to the FWCC
regarding cluster subdivisions is attached as Exhibit A.
The primary recommended changes made by the Planning Commission are:
a. added a purpose statement
b. added requirement that lots immediately adjacent to existing residential lots be no
less than the neighboring lot size or the underlying zoning lot size minimum 10%,
whichever is smaller or have a natural buffer of 50 feet.
c. modified the open space requirements.
d. added additional conditions to zero-lot line development.
e. added some design criteria for development on cluster lots.
IV. PROCEDURAL SUMMARY
September 20, 2000:
Planning Commission Public Hearing
October 4, 2000:
Continuation of Planning Commission Public Meeting
November 6, 2000:
Land Use Committee
V. DECISIONAL CRITERIA
FWCC Section 22-528 provides criteria for FWCC text amendments. The following section
analyzes the compliance of the proposed land use review processes text amendments with the
criteria provided by FWCC Section 22-528.
The city may amend the text of the FWCC only if it finds that:
(1) The proposed amendment is consistent with the applicable provisions of the comprehensive
plan;
City of Federal Way LUTC Report August 1, 2000
Land Use Review Processes FWCC Text Amendments Page 2
The proposed FWCC text amendments regarding cluster subdivision and cluster subdivision
lot design are consistent with the following City of Federal Way Comprehensive Plan goals
and policies:
LUG 1 Improve the appearance and function of the built environment.
L UP 1 Develop residential design performance standards to maintain neighborhood
character and ensure compatibility with surrounding uses.
L UP 10 Support a diverse community comprised of neighborhoods which provide a
range of housing options; a vibrant City Center; well designed and
functioning commercial areas; and distinctive neighborhood retail areas.
LUG 3 Preserve and protect Federal Way's single-family neighborhoods.
LUG3.1 Provide wide range of housing densities and types in the single family
designated areas.
LUP16 Revise existing land use regulations to provide for innovation and flexibility in
the design of new single-family developments and in-fill.
LUP18 Encourage the development of parks and the dedication of open space in and
adjacent to residential areas to preserve the natural setting of Federal Way.
LUP19 Consider special development techniques (e.g. accessory dwelling units, zero
lot lines, lot size averaging, and planned unit developments) in single-family
areas, provided they result in residential development consistent with the
quality and character of existing neighborhoods.
LUP 20 Preserve site characteristics that enhance residential development (trees,
watercourses, vistas, and similar features) using site planning techniques such
as clustering, planned unit developments, and lot size averaging.
HG 1 Preserve and protect the quality of existing residential neighborhoods and
require new development to be of a scale and design that is compatible with
existing neighborhood character.
HP 16 Consider reducing minimum lot sizes to allow construction of smaller. Detached
single-family houses on smaller lots.
HP 27 Encourage new residential development to achieve maximum allowable density
based on net building area.
(2) The proposed amendment bears a substantial relationship to public health, safety, or
welfare; and
City of Federal Way LUTC Report August 1, 2000
Land Use Review Processes FWCC Text Amendments Page 3
The proposed FWCC text amendments will result in improved cluster subdivision
development, which have a direct relationship to the public health, safety, and welfare.
(3) The proposed amendment is in the best interest of the residents of the city.
The proposed FWCC text amendment will improve the cluster subdivision requirements to
better blend with existing neighborhoods.
VI. 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 take the following action:
1. Approve the proposed Zoning Code and Subdivision Code text amendments by ordinance;
2. Modify and approve the proposed Zoning and Subdivision Code text amendments by
ordinance;
3. Disapprove the proposed Zoning and Subdivision Code text amendments by resolution; or
Remand the proposed Zoning Code and Subdivision text amendments 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 back to the City Council on the proposed
text amendments.
152000 Code AmendmentsXMiscellaneous Code AmendmentsXLUTC StaffReport on Phase I Amendments.docq0/31/00 2:17 PM
City of Federal Way LUTC Report August 1, 2000
Land Use Review Processes FWCC Text Amendments Page 4
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 OF
THE FEDERAL WAY ZONING CODE AND CHAPTER 20, THE
FEDERAL WAY SUBDIVISION CODE, ADOPTING SPECIFIC
AMENDMENTS, AND ADDING NEW REGULATIONS FOR
CLUSTER SUBDIVISIONS.
A. Amendments to the Federal Way City Code (FWCC) text are authorized
pursuant to FWCC Section 22-216 pursuant to Process VI review; and
B. The Federal Way City Council has considered proposed changes to the
FWCC regarding cluster subdivisions; and
C. The Federal Way City Council, pursuantto FWCC 22-517, having determined
the Proposal to be worthy of legislative consideration, referred the Proposal to the Federal
Way Planning Commission as a priority item for its review and recommendation; and
D. The Federal Way Planning Commission, having considered the Proposal at
public hearings during 2000 on September 20, and October 4, pursuant to FWCC Section
22-523, and all public notices having been duly given pursuant to FWCC Section 22-528;
and
E. The public was given opportunities to comment on the Proposal during the
Planning Commission review; and
ORD # , PAGE 1
F. The City of Federal Way SEPA responsible official issued a Declaration of
Nonsignificance on September 8, 2000; and
G. Following the public hearings, the Planning Commission submitted to the
Land Use and Transportation Committee of the City Council its recommendation in favor of
proposed zoning text amendments adding sections to the FWCC as noted previously; and
H. The Federal Way Land Use and Transportation City Council Committee met
on November 6, 2000, to consider the recommendation of the Planning Commission; and
has moved to forward the Proposal, with amendments, to the full City Council; and
I. There was sufficient opportunity for the public to comment on the Proposal;
Now, THEREFORE, THE CiTY COUNCIL Of THE CiTY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN As FOLLOWS:
Section 1. Findings. After full and careful consideration, the City Council of the City
of Federal Way makes the following findings with respect to the Proposal and the proposed
amendments to the Federal Way City Code ("FWCC"):
1. The Federal Way City Council adopted the Federal Way Comprehensive
Plan in order to comply with the state's Growth Management Act; and
2. The Federal Way Comprehensive Plan contains policies that call for a variety
of housing types, protection of single family neighborhoods and encourage open space;
and
ORD # , PAGE 2
3. The Federal Way SEPA responsible official has issued a Declaration of
Nonsignificance on September 8, 2000; and
4. The proposed code amendmentswould not adversely affect the public health,
safety or welfare; and
5. The Planning Commission, following notice thereof as required by RCW
35A.63.070, held public hearings on the proposed regulatory amendments and has
considered the testimony, written comments, and material from the public by and through
said hearings.
Section 2. Conclusions. Pursuant to FWCC Section 22-216 and based upon the
Findings set forth in Section 1, the Federal Way City Council makes the following
Conclusions of Law with respect to the decisional criteria necessary for the adoption of the
Proposal:
1.
LUG 3
The Proposal is consistent with the following Comprehensive Plan goals and
policies contained in the Land Use and Housing chapter
Preserve and protect Federal Way's single-family neighborhoods.
LUP 1
LUP 10
LUG 1
LUG 3.1
Develop residential design performance standards to maintain neighborhood
character and ensure compatibility with surrounding uses.
Support a diverse community comprised of neighborhoods which provide a
range of housing options; a vibrant City Center; well designed and
functioning commercial areas; and distinctive neighborhood retail areas.
Improve the appearance and function of the built environment.
Provide wide range of housing densities and types in the single family
designated areas.
ORD # , PAGE 3
LUP 16
Revise existing land use regulations to provide for innovation and flexibility
in the design of new single-family developments and in-fill.
LUP 18
Encourage the development of parks and the dedication of open space in
and adjacent to residential areas to preserve the natural setting of Federal
Way.
LUP 19
Consider special development techniques (e.g. accessory dwelling units,
zero lot lines, lot size averaging, and planned unit developments) in single-
family areas, provided they result in residential development consistent with
the quality and character of existing neighborhoods.
LUP 20
Preserve site characteristics that enhance residential development (trees,
watercourses, vistas, and similar features) using site planning techniques
such as clustering, planned unit developments, and lot size averaging.
HG 1
Preserve and protect the quality of existing residential neighborhoods and
require new development to be of a scale and design that is compatible with
existing neighborhood character.
HP 16
Consider reducing minimum lot sizes to allow construction of smaller.
Detached single-family houses on smafler lots.
HP 27
Encourage new residential development to achieve maximum allowable
density based on net building area.
Section 3. Amendment. The Federal Way Subdivision Code, Chapter 20, and
Zoning Code, Chapter 22, is amended to provide as set forth in Attachment A and by this
reference is incorporated herein.
Section 4. The provisions of this ordinance are declared separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to
other persons or circumstances.
ORD # , PAGE 4
Section 5. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force five (5)
days from the time of its final passage, as provided by law.
PASSED by the City Council of the City of Federal Way this
,2000.
CITY OF FEDERAL WAY
day of
MAYOR, MICHAEL PARK
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
INTERIM CITY ATTORNEY, ROBERT STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
ORD # , PAGE 5
Attachment "A"
Chapter 20 Subdivision Code
Sec. 20-153. Density
(a)
(b)
All lots in conventional subdivisions shall meet the density and minimum lot
size requirements of chapter 22. Calculation of density in subdivisions shall
not include streets or vehicle access easements.
Lots created in cluster subdivisions may be below the minimum lot size
requirements of chapter 22, Zoning, provided the total number of lots created
does not exceed the number which would be permitted in a conventional
subdivision on a site of the same total area, after reservation of required open
space. The total number of lots permitted will be calculated by subtracting the
required open space 15 percent and subtracting 20 percent for streets from the
gross land available, then dividing by the minimum lot size of the underlying
zoning district.
Sec. 20-154. Cluster Subdivisions
Purpose - The purpose of cluster subdivisions is to provide design flexibility, sensitivity
to surrounding environment, and innovation consistent with the site and the
Comprehensive Plan; promote compatibility with housing on adjacent properties through
lot size and design; promote affordable housing; promote reduction of impervious
surface; and promote usable open space.
(a)
(b)
(c)
reduced ;- ~;?~ ~nd placed ~n clusters on the site. The gross land ~ea available
for cluster subdivisions must be a minimm of two acres.
Lots created in a cluster subdivision may be reduced in size below the
minimum required in chapter 22, up to one-half of the size of the underlying
zoning requirement, but in no case smaller th~ 3600 square feet, per lot,
provided thru minimm setback requirements me met except as allowed for in
(d) below. This provision c~ot be used together with section 220967(d) (1)
(affordable housing bonus).
~en the cluster subdivision abuts an established single tinily use or zoned
neighborhood, the lots in the proposed development immediately a4jacent
(sh~es prope~y lines) shall be no less th~ the neighboring lot size, or the
underlying zoning minimum lot size minus 10 percent, whichever is smaller.
Cluster Subdivisions Amendments Page I Attachment A
(d)
(e)
(f)
(rig)
When there is a natural separation such as a ravine, wetland, stream, sensitive
area setback, or a man made separation such as a passive or recreational park
that provides a minimum of 50 feet buffer between adjacent properties c
above does not apply.
Cluster lots may not be created on slopes of 15 percent or greater.
Open space.
(¢ 1_) Open space created by through cluster subdivisions shall be protected
from further subdivision or development by covenants filed and
recorded with the final plat of the subdivision.
(2) Any subdivision created by this section must provide all open space on-
site and it must be all usable, except up to five percent can be buffer.
(3) All usable open space must be readily identifiable with the development
and easily accessible by the residents. Usable open space should be the
central focus and an amenity for the project.
Cluster subdivisions can be constructed with zero-lot lines under the following
conditions: ..... ;,~,~ *hat- ...... t-h,~,-~ ~- ....... it ...... h .............. 11
(1) No more than two units shall share a common wall.
(2) Zero-lot line cannot occur in zones of RS 9.6 or greater.
(3) Each dwelling unit shall be built to respect privacy of abutting homes.
(4) Zero-lot line development cannot exceed 30 percent of the lots proposed
unless it is in a multi-family zone.
An) .... o~u~.t'a;,,;o~"n..o.v created by ,h~o_..o section must provide ~.. o' urn.. ......... ov~ on-site
and it must al! be usable.
Approval Criteria - The innovative or beneficial overall quality of the proposed
development shall be demonstrated by the following criteria:
(a)
(b)
(c)
(d)
(e)
The subdivision provides innovative development, otherwise not allowed, but
which promotes the goals of the comprehensive plan for architectural
compatibility with single family housing on adjacent properties.
Results in common open space at least 10 percent of the gross land area,
which is identified with the development and easily accessible to residents.
Cluster lots immediately adjacent to existing neighborhoods have incorporated
design elements through lot size and architecture to be compatible to be
approved by the Community Development Services Director.
Will not result in destruction or damage to natural, scenic, or historic features.
Each dwelling unit shall meet the design standards in the FWCC Design
Guidelines for cluster subdivisions.
Cluster Subdivisions Amendments Page 2 Attachment A
Chapter 22 Zoning
ARTICLE XIX. COMMUNITY DESIGN GUIDELINES
Sec. 22-1640 Design for cluster residential subdivision lots.
(a)
Garages shall be provided for all residential lots except if the lot is in a multi-
family zone.
(b)
Front entryways should be the prominent feature of the home. Attached
garages should not compose more than 40 percent of the front facade of a
single family home if the garage doors are flush with the front fa9ade, or will
be setback a minimum of five feet from the rest of the front facade. Detached
garages should also be setback a minimum of five feet from the faqade.
(c)
If garage access is provided from alleys, the front yard setback can be reduced
to 15 feet.
Cluster Subdivisions Amendments Page 3 Attachment A
CITY OF FEDERAL WAY
PLANNING COMMISSION REPORT
Cluster Subdivision Regulations
Federal Way City Code (FWCC) Amendments
A. Introduction
In July, the Federal Way City Council adopted a moratorium on cluster subdivisions. In the
moratorium ordinance (Exhibit A), the Council directs staff to work with the public and
bring the issue to the Planning Commission. The ordinance identifies the following citizen
concerns: adequate distance between residential structures, minimum lot sizes, and the
buffering of more dense cluster subdivisions from other, existing less dense residential uses.
Federal Way City Code (FWCC) Chapter 22, Zoning, Article IX, Process l~IReview,
establishes a process and criteria for Zoning Code text amendments. Consistent with Process
VI review, the role of the Planning Commission is as follows:
To review and evaluate the proposed Zoning Code text amendment regarding subdivision
and development review processes;
To determine whether the proposed Zoning Code text amendment meets the criteria
provided by FWCC Section 22-528; and,
To forward a recommendation to City Council regarding adoption of the proposed Zoning
Code text amendment.
Subdivision Code amendments are not required to be reviewed by the Planning
Commission; however, in this case, the Ordinance specifically includes the Planning
Commission's participation in the Council recommendation.
B. Background
What is a Cluster Subdivision?
Cluster Subdivisions are residential plats where the lots are reduced in size and "clustered"
in order to accomplish certain goals. Examples of goals are to preserve open space, to
achieve maximum density, to help create affordable housing, and to provide a variety of
housing types.
City of Federal Way Planning Commission Report
Cluster Subdivision and Design FWCC Text Amendments
September 20, 2000
Page I
Washington State Growth Management Act
The Growth Management Act (GMA) requires cities to, "... encourage the availability of
affordable housing to all economic segments of the population and to promote a variety of
residential densities and housing types." The Act discourages conversion of undeveloped
land into "sprawling, low-density developments" (RCW 36.70A.020, 1990 Supp). The Act
also requires that the City include in its Comprehensive Plan, "...encouragement for
innovative land use management techniques to enhance affordable housing opportunities,
including density bonuses, cluster housing, planned unit developments and transfer of
development rights."
History
Cluster Subdivisions have been allowed in the City of Federal Way since the City
incorporated in 1990. The original regulations (Exhibit B) did not have a minimum lot size
and the number of lots created could not exceed what would be permitted in a conventional
subdivision. Under these provisions, the applicant was required to prepare drawings of a
conventional subdivision to determine how many lots would be permitted and a second set
of drawings of the cluster subdivision. The staff conducted a full review of each drawing.
In 1996, the City Council asked that the staff look at recommending a Planned Unit
Development (PUD) ordinance. Increased densities are awarded in a PUD for accomplishing
certain goals like preserving open space, superior design, creating a variety of housing types,
etc. Once the proposed ordinance reached the City Council's Land Use/Transportation
Committee, the Council decided to deny the PUD proposal and replace it with language that
would allow property owners that had sensitive areas a way to keep existing density, but not
increase it.
The cluster subdivision regulations were changed to include a minimum lot size and a
requirement that all open space had to be on site and usable. Instead of requiring the
applicant and staff to prepare and review two drawings to calculate the density, a formula
was included. The required open space of 15 percent and a road calculation of 20 percent is
subtracted from the gross land area and then divided by the underlying zoning minimum lot
size. The Subdivision Code stipulates the 15 percent open space requirement. The 20
percent road calculation is an estimate that most conventional subdivisions use 20 percent of
the land for streets. A cluster subdivision will usually pave less than 20 percent for streets.
The City has approved one cluster subdivision under the original language. This is the only
cluster subdivision built within the City since incorporation. The development is called
Blackberry Hill and is located on 312~' Street, at 3ra Court South. There are five other cluster
subdivision applications pending approval. These projects will not be impacted by the
moratorium as they are vested to the codes in place at the time they were submitted.
City of Federal Way Planning Commission Report
Cluster Subdivision and Design FWCC Text Amendments
September 20, 2000
Page 2
EXHIBIT
PAGE. OF
On August 16, 2000, the Director and Deputy Director of Community Development
Services met with interested citizens, property owners, and developers about cluster
subdivision regulations. Approximately 30 people attended. A summary of comments is
enclosed as Exhibit C.
Some Common Misconceptions Mentioned at the Meeting About Cluster Subdivisions
"Cluster subdivisions result in higher density." Cluster subdivisions do not result in more lots
unless there are sensitive areas on the property. Federal Way has strict requirements for
setbacks to streams and wetlands. A wetland buffer can be as much as 200 feet around
the wetland. In 1996 when the Council reviewed the cluster requirements, they wanted
to protect sensitive areas adequately without penalizing the property owner. Cluster
subdivisions allow the land from the sensitive area and buffer to be counted toward
density. However, the cluster subdivision regulations require that 35 percent of the land
be subtracted from the gross land area before it is divided by the underlying minimum
lot size. Except for the credit for sensitive areas, there are no density bonuses in cluster
subdivisions.
"Homes in cluster subdivisions are low-income." By clustering lots, the developer may save costs
on installation of utilities and streets and may have a lower cost of land per residential
structure; however, this is no guarantee that any cost savings will be passed on to the
consumer. With diminishing property available to develop, what is left many times is
property with environmental constraints or other problems. Savings can be eaten up by
mitigation or enhancement costs. Housing costs are determined by a variety of factors
including interest rates, cost of materials, amenities provided, neighborhood, and what
the market will bear.
Applicants for subdivisions, whether they are conventional or cluster, do not have to
disclose the housing prices for their homes. The housing price is not a criterion that the
City can use to approve or not approve a subdivision. Low-income housing is housing
that households making under 50 percent of the median income for the county could
afford. Government funding, non-profit organizations, or a combination of both usually
subsidizes low-income housing. Affordable housing is housing that a household making
80 percent of the median income for the county could afford. The median new house
price] in King County in 1999 was $230,000. In order to afford a house in this price
range, after a 10 percent down payment, the owner would have to make $70-74,000 to
make the house payments. See Exhibit D for more examples of low income and
affordable housing prices.
"Cluster subdivisions create more traffic," Any time vacant land is developed; the result will be
more traffic than was there before any development occurred. However, cluster
~ Median Home Price is the sale price of the "middle" home during a given period. 50% of homes sell for higher
than this amount and 50% sell for less than this amount.
City of Federal Way Planning Commission Report
Cluster Subdivision and Design FWCC Text Amendments
September 20, 2000
Page 3
subdivisions should not add any more traffic than a standard subdivision since the
number of housing units will be the same as allowed under a conventional subdivision.
do
"Cluster subdivision homes are rented out." Cluster subdivision homes are no more
likely to be rented out than standard subdivision homes. The applications reviewed so
far by the City are intended to be owner occupied.
C. Subdivision Code Amendment Options
Most cities have one or more tools within their regulations to accommodate some flexibility
for residential development. The most common tools are through cluster subdivisions or
Planned Unit Developments. Planned Unit Developments provide higher density bonuses
for providing certain amenities on the site. Cluster subdivisions do not necessarily provide
higher density, but allow the developer to create smaller lots in order to accomplish certain
goals. This may be to the developer's advantage to lower development costs or better utilize
a difficult site, and is to the City's advantage to create a variety of housing types within the
City and preserve sensitive areas and open space.
City regulations from Sumner, Renton, Everett, Issaquah, Dupont, Poulsbo, Redmond,
Tacoma, and Olympia were compared to the City's existing regulations for housing
developments. The following are options to amending the cluster subdivision code
language:
1. Purpose Statement:
A purpose statement will drive how the rest of the regulations will be written. The
City's current regulations do not contain a purpose statement. At the time the
regulations were revised in 1996, the Council's stated the goal was to, "...allow
property owners with sensitive areas a way to achieve the density they would have had
without the sensitive area." The current regulations do that, but the purpose is not stated
in the code.
Purpose and intent statements from other cities include:
a. Provide efficient arrangement of structures for providing services and
infrastructure.
b. Encourage sense of community.
c. Promote owner-occupied homes.
d. Promote maximum density.
e. Promote flexibility and variety of housing types consistent with the
Comprehensive Plan.
f. Promote architectural compatibility with housing on adjacent properties.
g. Promote affordable housing.
h. Promote usable open space and/or protect environmentally sensitive areas.
City of Federal Way Planning Commission Report
Cluster Subdivision and Design FWCC Text Amendments
September 20, 2000
Page 4
PAGE
i. Reduce amount of impervious surface.
Cluster subdivisions provide some flexibility to the owner in order to preserve more
open space and still achieve an economically viable project. Citizen concerns over
cluster subdivisions include the impact of the design on adjacent properties. The design
of the subdivision should take compatibility of the neighborhood into consideration.
Affordable housing and a variety of housing types in Federal Way should be
encouraged. The Growth Management Planning Council (GMPC) of King County is
responsible for determining whether housing development is meeting the needs of all
economic sectors of the community. Countywide planning policies suggest that 20
percent of new residential units built should be affordable. Federal Way has only been
tracking this information since May of 1999. Since that time, less than five percent of
new units have been affordable.
Staff Recommendation:
Provide design flexibility, sensitivity, and innovation consistent with the site and the
Comprehensive Plan; promote compatibility with housing on adjacent properties
through lot size and design; promote affordable housing; promote reduction of
impervious surface; and promote usable open space.
2. Applicability:
The current code language requires a minimum of two acres in any residential zone to
do a cluster subdivision. Other codes vary from three units minimum to a maximum of
100 units, and allow them in most or all residential zones.
Staff Recommendation:
No change.
3. Density:
Existing Language - FWCC Sec. 20-153(b). Lots created in cluster subdivisions may
be below the minimum lot size requirements of FWCC Chapter 22, Zoning, provided
the total number of lots created does not exceed the number that would be permitted in
a conventional subdivision on a site of the same total area, after reservation of required
open space. The number of lots will be calculated by subtracting the required open
space of 15 percent, and subtracting 20 percent for streets from the gross land available,
then dividing by the minimum lot size of the underlying zoning district.
Staff has reviewed approximately 30 ordinances from other jurisdictions on cluster
subdivisions, or alternative ordinances that permit flexible residential development in
order to preserve open space. The research shows that a majority use a simple formula
that divides the minimum lot size of the underlying zoning district into the gross land
City of Federal Way Planning Commission Report
Cluster Subdivision and Design FWCC Text Amendments
September 20, 2000
Page 5
area. The cities of Redmond and Sumner use a percentage lot reduction based on zoning
with the stated purpose of not increasing density. Other ordinances have built in density
increases mostly in exchange for providing open space over and above the minimum
required. Federal Way is the only ordinance to require 35 percent of the gross land area
to be subtracted to calculate density.
Staff Recommendation:
No change.
4. Lot Size:
Existing Language - FWCC Sec 20-154(b). Lots created in cluster subdivisions may be
reduced in size below the minimum required in Chapter 22, up to one-half of the size of
the underlying zoning requirement, but in no case smaller than 3,600 square feet per lot;
provided that minimum setback requirements are met except as allowed for in (d)
below. This provision cannot be used together with FWCC Section 22-967(d)(1)
(affordable housing bonus).
This language results in the following where zoning is:
RS 12 (lot sizes of 12,000)- cluster 6,000 square feet
RS 9.6 (lot sizes of 9600) - cluster 4700 square feet
RS 7.2 or 5.0 (lot sizes of 7200 or 5,000) - cluster 3600 square feet
There are several issues to take into consideration when establishing a minimum lot
size. The underlying zoning requirements, established adjacent neighborhoods (lot size
and character), and the proportion of the house size to the lots. Examining other city's
codes show a variety of lot sizes from no stated minimum (Dupont), to 5,000 square
feet in Poulsbo.
Another way lot size is treated is through a percentage reduction depending on the
underlying zoning. Redmond and Sumner use this method. A flat rate of 25 percent
reduction is used in Puyallup and 20 percent is used in Olympia.
A consideration stated through the moratorium ordinance, and by Council members and
citizens, is the transition of lot sizes proposed compared to any adjacent established
neighborhoods. A radically different adjacent development can cause concern that
property values may be negatively impacted. Property values and appraisals do not, as a
rule, go down in price on small lot development as long as the amenities on or near the
development are the same as conventional developments. Access, schools, utilities,
parks, curb and gutter, sidewalks, etc., are as important to residential property value as
lot size Cluster subdivisions must meet the same requirements for street and utility
standards as a conventional subdivision. A school impact fee is charged for each lot.
There is no discount because the lot is smaller. The School District updates these
City of Federal Way Planning Commission Report
Cluster Subdivision and Design FWCC Text Amendments
September 20, 2000
Page 6
impact fees annually depending on their costs and enrollment. In addition, the standard
for providing park amenities is actually higher in a cluster subdivision than the standard
subdivision because all open space must be usable and provided on-site. Neighboring
properties to a cluster development may actually increase in value, especially if the
property can be subdivided. Once an application is submitted for review to the City;
however, property values cannot be taken into consideration as long as the development
meets all the code requirements.
Designing cluster subdivision lots to be more compatible with adjacent properties can
occur in a variety of ways.
Options:
a. When the cluster subdivision abuts an established single family use or zoned
neighborhood, the lots in the proposed development immediately adjacent (shares
property lines) shall be no less than the neighboring lot size, or the underlying
zoning minimum lot size, whichever is smaller.
When the cluster subdivision abuts an established single family use or zoned
neighborhood, the lots in the proposed development immediately adjacent shall be
no less than the neighboring lot size, or the underlying zoning minimum lot size
minus 10%, whichever is smaller.
Co
When there is a natural separation such as a ravine, wetland, stream, sensitive area
setback, or a manmade separation such as a passive or recreational park, or major
arterial that provides a minimum of 50 feet buffer between adjacent properties,
neither a or b above apply.
d. Require all cluster lots to be half of the underlying zoning district with a minimum
of 5,000 square feet.
e. No change. Lots may be reduced up to one half the underlying zoning as long as
they are over 3600 square feet.
Numbers a and b provide a transition to neighboring properties, but would allow lots on
the interior to be smaller. Number c would provide a buffer roughly the size of a
residential lot width to provide a transition between neighborhoods. Number d provides
predictability for both neighbors and developers.
Staff Recommendation:
A combination of a or b and c.
Sloped lots do not work well for small lot development. Larger lots may be needed in
order to ensure slope stability.
City of Federal Way Planning Commission Report
Cluster Subdivision and Design FWCC Text Amendments
September 20, 2000
Page 7
Staff Recommendation:
Add language to prohibit cluster subdivisions that create lots on slopes of 15 percent or
greater.
Open Space:
Existing Language - FWCC Sec. 20-154(e). Any subdivision created by this section
must provide all open space on-site and it must all be usable.
As stated previously, cluster subdivisions many times create more usable open space
on-site than conventional subdivisions. A conventional subdivision is also required to
provide 15 percent of open space, but the requirement can be met by paying a fee-in-
lieu-of providing the open space on the property. This money is collected by the City
and pays for parks improvements or land acquisition for the area where the
development occurs. If the development provides the open space on-site, only a portion
of it has to be usable. Usable open space has to be available for some type of
recreational activity such as play equipment, walking/jogging trails, sports courts, etc.
Usable open space development proposals, whether on-site or fee-in-lieu-of, are
reviewed by the City's Parks and Recreation Director before the subdivision approval.
One improvement that could be made to usable open space is to make it integral to the
development. Usable open space should be readily identified with the development and
easily accessible to the residents. Usable open space should not be the left over land
where no lots could be placed, but rather a central focus and amenity for the project.
Staff Recommendation:
Add language to approval criteria to make cluster subdivision open space readily
identifiable with the development and easily accessible to the residents.
6. Approval Criteria:
All subdivisions are required to be reviewed by the Hearing Examiner who makes a
recommendation to the full City Council. Approval criteria will help staff, the Hearing
Examiner, and the Council use discretion on a case-by-case basis. Approval criteria can
take into account the proposed scale of development, as well as location of open space
and lot locations. The current Federal Way language does not contain specific
evaluation criteria.
Staff Recommendation:
Add the following language:
Evaluation criteria shall be the innovative or beneficial overall quality of the proposed
development, demonstrated by the following criteria:
City of Federal Way Planning Commission Report
Cluster Subdivision and Design FWCC Text Amendments
September 20, 2000
Page 8
Page 9
Options:
a. Innovative development otherwise not allowed, but which promotes the goals of
the comprehensive plan for architectural compatibility with housing on adjacent
properties and owner occupied housing types.
b. Results in usable common open space at least 15 percent of the gross land area and
is identified with the development and easily accessible to the residents.
c. The proposed size of structures is in scale with the lot sizes proposed.
d. Cluster lots immediately adjacent to existing neighborhoods have incorporated
design elements through lot size and architecture to be compatible.
e. Will not result in destruction or damage to natural, scenic, or historic features.
f. Is adequately served by services (i.e. fire protection, sewer and water, schools,
etc.).
D. Design Criteria (Zoning Code)
Design Guidelines are contained in FWCC Chapter 22. Design guidelines were first
included for commercial development only. In 1998, residential design guidelines were
added for non-residential uses in residential zones like daycares, churches, schools, and
multi-family uses. Single family uses have not been included up to this point. Design
elements are as important as lot size to ensure some degree of compatibility with adjacent
neighborhoods. Good design can enhance property values, provide some predictability to
adjacent neighborhoods, encourage neighborhood pride, and help prevent crime.
To ensure compatibility with neighboring large lot development, garages should be required.
If the development is proposed next to multifamily development where garages are not
necessarily provided, a different standard could apply. Garages should not be the prominent
feature of a home, especially when lot sizes are reduced. Garages can dominate a streetscape
and houses fade into the background making entryways invisible or hard to locate.
Entryways to the house should be the prominent feature for aesthetic and crime prevention
reasons.
Other City codes encourage parking to be out of site from adjacent streets and properties
through use of alleys. Front yard setbacks are to be reduced in this case to accommodate
parking in the rear of the structure.
Building materials are also important to the long-term appearance of a neighborhood.
City of Federal Way Planning Commission Report
Cluster Subdivision and Design FWCC Text Amendments
September 20, 2000
Page 9
Requiring building materials that are natural or equal/better than natural materials will also
help maintain property values in the neighborhood.
Neighborhood blight can and will occur in any neighborhood regardless of house and lot
size or income level. Blight can be prevented by an active homeowners association, the
City's code compliance program, and a high percentage of home ownership. The City has a
strong code compliance program and a Neighborhood Development Coordinator on staffto
help neighborhoods organize to resolve neighborhood issues. Homeowners associations can
be one way to pull a neighborhood together. They also provide maintenance for
neighborhood parks and can enforce covenants that exceed the City's requirements.
Home ownership increases pride in the neighborhood and reduces crime. Design features
like prominent entryways, carefully designed landscaping, and good lighting can reduce
crime. The City Council has directed staff to propose crime prevention design standards for
all types of development including residential. This code amendment will be presented to
the Planning Commission and City Council before the end of the year.
Staff Recommendation:
Cluster subdivisions shall include the following design standards:
a. Garages shall be provided for all residential lots except if the lot is in a multi-family
zone or immediately adjacent to a multi-family zone.
Front entryways shall be the prominent feature of the home. Attached garages shall not
compose more than 40 percent of the front facade of a single family home if the garage
doors are flush with the front faCade, or will be setback a minimum of five feet from the
rest of the front facade. Detached garages shall also be setback a minimum of five feet
from the facade.
c. If garage access is provided from alleys, the front yard setback can be reduced to 15
feet.
d. Building materials shall be natural materials unless approved by the Community
Development Services Director and Building Official.
Zero Lot Line Development
Residential zero lot line development is where a common lot line is used between two
properties to:
a. Build a common wall for two residential units.
b. Build a common wall for two detached garages.
City of Federal Way Planning Commission Report
Cluster Subdivision and Design FWCC Text Amendments
September 20, 2000
Page 10
Kathy McClun§ - PC Staff Report - 09-1 l-O0.doc Page 11
c. Eliminate a setback to create a larger usable yard.
Existing Language - Cluster subdivisions can include lots with zero-lot lines, provided that
no more than two units may share a common wall.
The zero-lot line provision was the only part of the original Planned Unit Development
flexibility to be added in 1996. No zero-lot line development proposals have been submitted
to the City for review since that time. As of the date of this staff report, no recent (within the
last seven to eight years) zero lot line development has been proposed or developed in the
South King County cities the staff researched. Most duplex or townhouse development has
occurred as part of planned unit developments.
If the Planning Commission wishes to recommend keeping this flexibility within a cluster
subdivision the following could be added as criteria:
a. Zero-lot line development cannot occur in zoning of 9600 or greater.
b. Zero-lot line development cannot exceed 10 percent of the lots proposed unless it is in a
multi-family zone.
c. Each dwelling unit shall be distinguishable as a separate dwelling unit and shall have a
prominent entrance.
d. Each dwelling unit shall be intended for owner occupancy.
e Each dwelling unit shall be situated to respect privacy of abutting homes
f. Each dwelling unit shall meet the design standards in the FWCC Design Guidelines for
cluster subdivisions.
F. Compliance With FWCC Section 22-528
FWCC Section 22-528 provides criteria for zoning text amendments. The following section
analyzes the compliance of the proposed zoning text amendment regarding subdivision and
development review processes with the criteria provided by FWCC Section 22-528.
The City may amend the text of FWCC Chapter 22, Zoning, only if it finds that:
(1)
The proposed amendment is consistent with the applicable provisions of the
comprehensive plan;
The proposed Zoning Code and Subdivision text amendments regarding cluster
subdivision and design review are consistent with, and substantially implement, the
following Comprehensive Plan goals and policies:
City of Federal Way Planning Commission Report
Cluster Subdivision and Design FWCC Text Amendments
September 20, 2000
Page 11
LUG!
LUP1
LUPIO
LUG3
LUG3.1
LUPI6
LUP18
LUP19
Improve the appearance and function of the built environment.
Develop residential design performance standards to maintain neighborhood
character and ensure compatibility with surrounding uses.
Support a diverse community comprised of neighborhoods which provide a
range of housing options; a vibrant City Center; well designed and
functioning commercial areas; and distinctive neighborhood retail areas.
Preserve and protect Federal Way's single-family neighborhoods.
Provide wide range of housing densities and types in the single family
designated areas.
Revise existing land use regulations to provide for innovation and flexibility
in the design of new single-family developments and in-fill.
Encourage the development of parks and the dedication of open space in and
adjacent to residential areas to preserve the natural setting of Federal Way.
Consider special development techniques (e.g. accessory dwelling units, zero
lot lines, lot size averaging, and planned unit developments) in single-family
areas, provided they result in residential development consistent with the
quality and character of existing neighborhoods.
LUP20
HG1
HP16
HP27
Preserve site characteristics that enhance residential development (trees,
watercourses, vistas, and similar features) using site planning techniques
such as clustering, planned unit developments, and lot size averaging.
Preserve and protect the quahty of existing residential neighborhoods and
require new development to be of a scale and design that is compatible with
existing neighborhood character.
Consider reducing minimum lot sizes to allow construction of smaller,
detached single-family houses on smaller lots.
Encourage new residential development to achieve maximum allowable
density based on net building area.
(2) The proposed amendment bears a substantial relationship to public health, safety, or
welfare; and
City of Federal Way Planning Commission Report
Cluster Subdivision and Design FWCC Text Amendments
September 20, 2000
Page 12
The proposed Zoning Code text amendments will result in improved cluster subdivision
and single-family design standards, which have a direct relationship to the public
health, safety, and welfare.
(3)
The proposed amendment is in the best interest of the residents of the city.
The proposed FWCC text amendment will improve the design and review criteria for
cluster subdivisions, resulting in improved neighborhoods.
G. Staff Recommendation
Staff recommends amending the cluster subdivision code requirements to add a purpose
statement; include changes to lot size and design standards to improve the transition
between cluster subdivisions and established neighboring properties; change the open space
requirements for cluster subdivisions to integrate open space with the development; and add
criteria for approving zero lot line development.
He
Planning Commission Action Alternatives
Consistent with the provisions of FWCC Section 22-535, the Planning Commission may
take the following actions regarding the proposed Zoning Code text amendments:
1. Recommend to City Council for adoption of the Zoning Code text amendments as proposed;
2. Modify the proposed Zoning Code text amendments and recommend to City Council for
adoption of the Zoning Code text amendments as modified;
3. Recommend to City Council that the proposed Zoning Code text amendments not be
adopted; or,
4. Forward the proposed Zoning Code text amendments to City Council without a
recommendation.
Recommended Motion
The following motion is suggested:
Move to recommend to City Council for adoption of the proposed Zoning Code text
City of Federal Way Planning Commission Report
Cluster Subdivision and Design FWCC Text Amendments
September 20, 2000
Page 13
Page 14
PAGE
amendments regarding subdivision and development review processes (if changes occur as a
result of Planning Commission deliberations add, "...as amended by the Planning
Commission").
Exhibits
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Moratorium Ordinance
Original 1990 Regulations
Summary of Citizen Comments from August 16, 2000, Public Meeting
Affordable Housing Table
[:~)OCUMENT~Clustcr Subdivisions~PC Staff Report - 09-11-00.doc - Last printed October 6, 2000 10:30 AM
City of Federal Way Planning Commission Report
Cluster Subdivision and Design FWCC Text Amendments
September 20, 2000
Page 14
EXHIBIT
PAGE
Planning Commission
Page 2 September 20, 2000
The Public Comment period was opened at 8:35 p.m., with no comments given. The Commission
thanked the staff for their work and researching what other communities have done. The Commission
commented that the City needs cluster subdivisions in order to plan for growth. They expressed their
concern that the City not dictate the specifics and not micro-manage. The Commission went over each of
the proposed options cited in the Staff Report.
Subdivision Code Amendment Options
1. Purpose Statement- The Commission requested the words, "...sensitivity to the surrounding
environment..." be added to the statement. They questioned how would the City know if it is
affordable housing? The Commission supports the staff recommendation with this change.
2. Applicability - The Commission supports the staff recommendation.
3. Density - The Commission supports the staff recommendation.
4. Lot Size - The Commission expressed concern that 3600 is too small. The Commission
supports options b, c, and e.
5. Open Space - The Commission supports the staff recommendation. Suggested adding a goal
statement addressing that the open space be maintained.
6. Approval Criteria - The Commission suggested that criteria a, b, and d relate to cluster
subdivisions, while criterion c relates to the broader based residential guideline design criteria.
They requested that the words "owner occupied" be removed from criterion a. They requested
staff to research if criteria e and f are covered elsewhere in the FWCC. They deferred
discussing criterion d.'
D Design Criteria (Zoning Code)
The Commission deferred discussion of this issue.
Zero Lot Line Development
The Commission supports the existing language. They are in favor of criteria a, b (but 10 percent is
low, 30 percent would be good), e, and f. They do not support criteria c and d.
ADDITIONAL BUSINESS
Chair Vaughan announced that he would not be seeking reappointment. He thanked the staff for all of
their work. Ms. Piety announced that the Planning Commission agenda and minutes are now available on
the City's web page. The Federal Way Comprehensive Plan will be available soon.
The Commission stated that they would like to see the Commission mentioned in the press. Staff replied
that they will watch for opportunities to promote the Commission through the press.
AUDIENCE COMMENT
None.
ADJOURN
The meeting was adjourned at 9:50 p.m.
K:\CD Admin Files~PLANCOIvlL200OXMeeting Summary 09-20-00.docLast printed 1 I/01/2000 02:28 PM
IEXHIB T
October 4, 2000
7:00 p.m.
City of' Federal Way
PLANNING COMMISSION
Regular Meeting
CoUncil Chhn
MEETING SUMMARY
Commissioners present: Robert Vaughan (Chair), Hope Elder, Eric Faison, and John Caulfield.
Commissioners absent: Nesbia Lopes, William Drake, and Karen Kirkpatrick. Guests present:
Councilmember Michael Hellickson. Staff present: Interim Director of Community Development
Services Kathy McClung, and Administrative Assistant E. Tina Piety.
Chair Vaughan called the meeting to order at 7:06 p.m.
APPROVAL OF MINUTES
None.
AUDIENCE COMMENT
None.
ADMINISTRATIVE REPORT
None.
COMMISSION BUSINESS- Cluster Subdivisions
The Public Hearing was reconvened at 7:07 p.m. and Public Testimony opened at 7:07 p.m.
Alex Klouzal, 20910 3rdAvenue South, Seattle - Owns 13 acres near Lakota. Feels that King
County created the wetlands on his property and the City is using them for runoff. Since some
75 percent of his property is wetlands, he needs higher density and clustering in order to
develop it.
Jerry Klaubon, 32421 Hoyt Road SW- Owns four acres on Hoyt Road with a small wetland.
He believes clustering would have a negative impact on his property.
Michael Rutter, 36619 6th Avenue SW- He represents the people of his area. He understands
that cluster subdivisions make sense, but it would not work in his area of the City. The
community has had numerous meetings on this subject. They feel they live in a unique area
that is a friendly, long-term community and they do not want to be run over by development.
The community is concerned that lot sizes would be too small and further development would
cause more flooding problems. He commented that he attended a Hearing Examiner meeting
recently and was dismayed that the City staffwere supporting the developer. The City is
supposed to serve the people of Federal Way, not outside developers.
Planning Commission
Page 2
EXHIBIT
ctober , 2000
Bill May, 35341 11'h Court SW- He is a member of the Madrona Meadows Homeowners
Association. He stated that he struggles with being told by elected officials that development,
"will happen." He is concerned with the Kenwood Pit development. He feels it will bring
increased traffic and will heavily impact schools. He sees nothing that deals with these issues
in the proposed amendments. Under Lot Size, he supports the staff recommendation of
numbers b and c. Under Approval Criteria, he supports d, e, and f. He also concurs with the
staff recommendation to prohibit cluster subdivisions that create lots on slopes of 15 percent or
greater.
Michael Hellickson, Federal Way City Councilrnernber - He commented that the City needs to
protect everyone's property rights, not just single-family homeowners. He encouraged people
to check the comprehensive plan to see what future holds. Cluster zoning does not mean more
density, just smaller lots, not more lots. It is not fair for anyone to say, "We were here first, so
you can not build here."
Terry Graft, PO Box 3063, Federal Way - He is a homeowner on the north end of town. He
thanked staff for the letter informing him of this issue. He is concerned about increasing
restrictions in a city that is already very restrictive. Good development can happen with fewer
restrictions. He opposes the staff recommendations because they add restrictions. He
encouraged the City to base their decisions on the comprehensive plan's policies and goals
rather than specific restrictions. He commented that a 15 percent slope could be built upon
using good engineering. Base decisions on a case-by-case basis. He suggested that rather than
requiring that the open space be development, it may be best to leave it as it is.
Alex Klouzal, 20910 3ra Avenue South, Seattle - He agrees with previous testimony. The City
has less land to build on and more wetlands to take care of. He suggests the City leaves cluster
subdivisions as they are, or make it case-by-case.
Bill May, 35341 11'~ Court SW- He is concerned that making decisions on a case-by-case
basis would erode the City's oversight.
Cecelia Wheeler, 15234 SE 49t~, Bellevue - She owns nine acres and worked on the City's
comprehensive plan. She asked, at what price is a house affordable? How can we have
affordable housing when we have to pay the City so much to build? She feels more restrictions
would be a great burden on providing affordable housing.
Michael Hellickson, Federal Way City Councilmember - He asked the audience to keep in
mind that the Planning Commission does not make the final decision. He encouraged them to
attend the City Council's Land Use/Transportation Committee and City Council meetings in
order to get their opinions heard.
Patricia Owen, 926 SW 356'~ - She has lost property to the City's retention pond. Her property
is being asked to absorb huge amounts of water. The City is overlooking the impact of
development on neighbors. The City should preserve the natural land rather than try to
improve it. Attempts to improve usually cause more problems that it solves.
Lori Dolan, 30614 28th Avenue South - She is a long-term resident and has seen the impacts of
development. It now takes some 20 minutes to get to work within the City. She owns property
by Steel Lake. The land has been declared to have wetland, but she has not seen any water.
Planning Commission
Page 3
Michael Rutter, 36619 6th Avenue SW- He stated that he is very gratefully to have local
government. He noted that the Blackberry Hill development does not fit the proposed purpose
statement.
The Public Testimony was closed at 8:20 p.m.
Ms. McClung read letters from Chris Carrel and Rob Rueber (attached) into the record. The Commission
discussed the staff recommendations cited in the Staff Report.
Co
Subdivision Code Amendment Options
1. Purpose Statement - The Commission requested the words, "...sensitivity to the surrounding
environment..." be added to the statement. They support the staff recommendation with this
change.
2. Applicability- The Commission supports the staff recommendation.
3. Density- The Commission supports the staff recommendation.
4. Lot Size -The Commission supports options b, c, and e, and the staff recommendation on
sloped lots.
5. Open Space - The Commission had requested information about maintenance. The code does
require maintenance through a covenant with City review, but does not address what happens
when a homeowners association dies off. The Commission discussed the issue and decided to
leave it as is. The Commission discussed the requirement that all open space in cluster
subdivisions be usable. They requested a change be made that five percent (of the 15 percent
required) may be buffer open space, and the remaining 10 percent shall be usable. They
support the staff recommendation with this change.
6. Approval Criteria-
a. Change the last part of the sentence to read, "...compatibility with single-family housing
on adjacent properties."
b. Change 15 percent to 10 percent.
c. Should be applied to all subdivisions.
d. Add, "...with the approval of the director."
e. Add, "Will not endeavor to result..."
f. Already in the subdivison code, strike it.
Design Criteria
a. Strike the words, "...or immediately adjacent to a multi-family zone."
b. Change it to say 'should' instead of 'shall' and include the City's goal.
c. The Commission accepts this recommendation as is.
d. This is not required of regular subdivisions, the Commission says strike it.
Eo
Zero
a.
b.
C.
d.
e.
f.
Lot Line Development
The Commission accepts this recommendation as is.
The Commission requested this be increased to 30 percent.
Strike it.
Strike it.
The Commission accepts this recommendation as is.
The Commission accepts this recommendation as is.
Plan.ing Commission Page4
The Commission thanked Ms. McClung for her presentation, especially the pictures of current cluster
subdivisions, and thanked the citizens for their participation.
It was m/s/approved (no nays) to accept the staff recommendation with amendments, and forward them
to the Land Use/Transportation Committee.
The Public Hearing was closed at 9:50 p.m.
ADDITIONAL BUSINESS
None.
AUDIENCE COMMENT
None.
ADJOURN
The meeting was adjourned at 9:55 p.m.
K:\CD Admin Files~PLANCOM~000~le~:ting Summary 10-04-00.docLast prin~d 11/01/2000 02:27 PM
PAGE..L..OF
RESOLUTION NO. 00-320
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, IMPOSING A
MORATORIUMON THE ACCEPTANCEAND ISSUANCE OF
CLUSTER SUBDIVISION APPLICATIONS AND
APPROVALS UTILIZING OR RELYING UPON FEDERAL
WAY CITY CODE SECTIONS 20-152(d), 20-153(b), AND/OR
20-154.
WHEREAS, RCW 36.70A.090 encourages but does not require the use of
"innovative land use management techniques, including, but not limited to, density bonuses, cluster
housing, planned unit developments, and the transfer of development rights" in a city's
comprehensive plan; and
WHEREAS, the City of Federal Way Comprehensive Plan contains the twin goals
(Goals LUG3 and 3.1) of preserving and protecting Federal Way's single-family neighborhoods,
while providing a wide range of housing densities and types in the single family designated areas;
and
WHEREAS, these goals are implemented by polices LUP 14, 19 and 20, which call
for the City to maintain and protect the character of existing and furore single-family neighborhoods
through strict enforcement of the City' s land use regulations, while considering special development
techniques (e.g. accessory dwelling units, zero lot lines, lot size averaging, and planned unit
developments) in single-family areas provided they r~$ult in residential development consistent with
Res. No. 00-. 32~ Page 1
ORIGINAL
the quality and character of existing neighborhoods, and while preserving site characteristics using
site planning techniques such as clustering, planned unit developments, and lot size averaging; and
WHEREAS,in OrdinanceNo. 98-330, adopted December 15, 1998, the Federal Way
City Council adopted procedures for the use and approval of cluster subdivisions; and
WHEREAS, these provisions are codified at Federal Way City Code ("FWCC")
Sections 20-152(d), 20-153(b), and 20-154; and
WHEREAS, the,City has, to date, approved only 1 application, and is processing 4
applications, utilizing or seeking to utilize the cluster subdivision code provisions, and therefore the
City has not had an opportunity to study the results of implementation of the cluster subdivision code
provisions; and
WHEREAS, it appears that the City could, in the near future, receive additional
applications seeking approval of cluster subdivisions, particularly in the area east of 21 st Avenue SW,
in the vicinity of Saghalie Junior High School;
WHEREAS, members of the public have raised concerns about impacts arising from
approval of the cluster subdivision code provisions, including issues of the adequate distance
between residential structures, minimum lot size, and the buffering of more dense cluster
subdivisions from other, existing, less dense residential uses; and
WHEREAS, the City of Federal Way values the utility of innovative land use
management techniques such as clustering, but believes that its land-deVe~lopment process and
citizens w6uld be best served if cluster subdivisions were designed so as to fully address public
health, safety, welfare and/or aesthetic concerns; and.
Res. No. 00-320, Page 2
( ¢
WHEREAS, the City needs to review its codes and ordinances in a comprehensive
fashion to determine whether stated concerns have been adequately addressed in existing cluster
subdivision provisions, or whether additional amendments are necessary or desirable; and
WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize cities to adopt
moratoria provided a public heating is held within sixty (60) days of adoption; and
WHEREAS, the City should impose a moratoriumbarringthe acceptance or approval
of any subdivision application relying upon cluster subdivision provisions of the FWCC, including
but not limited to FWCC Sections 20-152(d), 20-153(b) and/or 20-154, until any necessary code
revisions are complete and have been adopted by the Federal Way City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY
RESOLVES AS FOLLOWS:
Section 1. Moratorium. The Federal Way City Council hereby declares a
moratorium upon the acceptance or approval of any subdivision application utilizing or relying upon
the cluster subdivision provisions of the FWCC, including but not limited to FWCC Sections 20-
152(d), 20-153(b) and/or 20-154. In addition, the Federal Way City Council hereby declares a
moratorium upon the processing of any subdivision application utilizing or relying upon the cluster
subdivision provisions identified above and submitted after the effective date of this resolution.
Section 2. Exemptions. This moratorium shall not apply to:
A. The processing of or approval of cluster subdivision applichtions submitted prior
to the effe6tive date of this resolution; or
B. Subdivisions which are not cluster subdivisions but the processing or approval
of which relies in part upon FWCC Sections 20-152(~1).
Res. No. 00-320, Page 3
Section 3. Duration. This moratorium shall be in effect for ninety (90)days
following the effective date of this resolution, and shall expire at midnight on Monday, October 16,
2000, unless extended by the City Council.
Section 4. Public Hearing. Pursuant to RCW 36.70A.390, the City Council shall
hold a public hearing on this moratorium within sixty (60) days of its adoption, on Tuesday,
September 5, 2000. Immediately after the public hearing, the City Council shall adopt findings of
fact on the subject of this moratorium, and either justify its continued imposition or cancel the
moratorium.
Section 5. Staff Direction. City staff and the Planning Commission are directed to
work with interested City residents and property developersto determine the impacts and appropriate
use and location of cluster subdivisions, and draft and forward to the City Council any appropriate
code amendments. Specifically, the 2000 Planning Commission work program is hereby amended
to permit the Commission's consideration, as expeditiously as possible, of any code amendments
proposed by staff.
Section 6. Recitals Incorporated. The recitals set forth on pages 1-3 of this
Resolution are incorporated as if fully set forth herein and shall serve as Findings of Fact.
Section 7. Severabili _ty. 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 8. Ratification. Any act consistent with the authority and prior to the
effective date of the resolution is hereby ratified and affirmed.
Res. No. 00-320, Page 4
Section 9. 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 '18th day of July, 2000.
CITY OF FEDERAL WAY
M,~YOR, lVli~ '
E~<:, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
INTERIM CITY ATTORNEY, BOB C. STEP, BANK
FILED WITH THE CITY CLERK: 07/18/00
PASSED BY THE CITY COUNCIL: 07/18/00
RESOLUTION NO. 00- 32o
KSRESO\clustermor.wpd
Res. No. 00-320, Page 5
PAGEJ._OF
18
.40 Except in a cluster subdivision, all lots should abut a public street right-of-
way. Residential lots should not have access onto arterial streets.
16.230 Density
.10
Ail lots in conventional subdMsions shall meet the density and minimum lot
size requirements of the Zoning Code. Calculation of density in subdMsions
shall not include streets or vehicle access easements.
.20
Lots created in cluster subdMsions may be below the minimum lot size
requirements of the Zoning Ordinance provided the total number of lots
created does not exceed the number which would be permitted in a
conventional subdivision on a site of the same total area, after reservation
of required open space.
16.240 Cluster Subdivision
.10
In order to promote open space and the protection of natural features such
as trees and wetlands, lots may be reduced in size and placed in clusters on
the site.
.20
Lots created in a cluster subdMsion may be reduced in size below the
minimum required in the Zoning Code provided that minimum yard and
setback requirements are met. Building setback lines for each lot shall be
shown on the face of a cluster subdMsion plat.
.30
Open space created by cluster subdivisions shall be protected from further
subdivision or development by covenants filed and recorded with the final
plat of the subdivision.
16.250 Open Space and Recreation
.10 For the purpose of this Chapter, open space shall be described in the
following categories.
A. Usable open space: Areas which have appropriate topography, soils,
drainage and size to be considered for development as active recreation
areas.
PAGE.I_OF
Summary of Public Comments from August 16, 2000 Meeting on Cluster Subdivisions
Citizen #l- Are the sensitive areas included in the density calculations? Is the 20% deducted for roads
adequate? How wide are the streets? How long does zoning have to be in place put in cluster
subdivisions? Do you take into consideration endangered species and environmental impacts?
Cluster subdivisions bring in more traffic and crime. The subdivision on 312th is a drag on the community.
The homes are overpriced so that the property had to be rented or sold with a lease to own. That type of
development does not get the kind of people who are owner-occupied for long. Cluster subdivisions imply
a close/dense area.
Purpose statements should have specific numbers and issues, should not be general.
Zero-lot line is even lower than cluster subdivisions.
Are you trying to improve the community or increase the tax base? Are you getting your data from other
parts of the country?
Citizen #2- Compatibility with adjacent neighborhoods and aesthetics are important. I can accept change
but want to find a happy medium. What determines usable open space? How do we find out if they go for
a rezone to a higher zone? I am concerned with the possibility of manipulating the zoning via changing the
zoning. I question the reasoning of not penalizing people with environmentally sensitive areas.
Citizen #3- I represent residents south of 356th, 21 st on the wet and Hwy 99 on the east. This is a semi-rural
area, not a cluster development area. Lots are between 10-15,000 square feet. We create the buffer
between Federal Way and other communities. We have affordable housing and open space and protect
environmentally sensitive areas.
We are concerned about surface water and flooding. What about wildlife and increased traffic, impacts on
schools, crime rate, access to buses and stores. Low-income housing should be close to services. The
wetlands south of 356th are best left with current zoning.
Citizen #4 From Madrona Meadows Homeowners Association. Concerned about access to schools traffic
impacts crime. Would the city partner to ensure good homeowners? Does city follow up on impact to the
adjacent neighborhoods? We need legislation to control these issues.
Citizen #5 Didn't your Comprehensive Plan consider wetlands when the property was zoned? Are cluster
subdivisions SEPA exempt? Don't you look at traffic impacts and drainage during that process? How does
the City comply with GMA housing requirements? Are there any studies, which show that cluster
subdivisions create more crime? Are regular subdivisions required to prohibit renting? Are land prices
going up or down? There is a perception that Federal Way is not doing its share of providing housing.
Citizen #6 Represents Habitat for Humanity. Value of land in south King County is exorbitant. Makes it
tough for find affordable land. We build owner-occupied housing. Garages would be adverse to his goals.
Citizen #7 Concerned about water drainage. We need to preserve natural ravines, green belts. We need to
work with the natural beauty of the land.
Citizen #8- I am a proponent of cluster subdivisions. I challenge the notion that large homes on large lots
increase the value of the community. Cluster subdivisions create more usable open space. They can be a
carefully planned asset, not a detraction. They are necessary to meet the demands of growth pressure and
allow for growth, while preserving the natural environment.
Citizen//9- There are lots of misconceptions in understanding cluster subdivisions. The number of units is
controlled by the zoning in the area. Cluster allow people to achieve density with site constraints. It is an
incentive to preserve open space and stands of trees. Clusters will not impact schools and traffic and more
than standard subdivisions. School and traffic mitigation fees are applied according to the number of units
built. Usable open space definition could be improved. Add more review process for zero-lot line
development.
Federal Way' Comprehensive Plan - Housing
Table V-1
King County 1999 Annual Income Levels
Affordable Monthly Housing Payments (30%) for Rentals by Household Size
Unit Type Studio 1 Bedroom 2 Bedrooms 3 Bedrooms 4 Bedrooms 5 Bedrooms
//Persons per Household I 2 3_ 4__ 5 6
Uppe. r Income (120% of Median) $52,560 $60,120 $67,560 $75,120. $81,120 $87,120
Affordable Monthly Payment $1,314 $1,503 $1,689 $1,878 $2,028 $2,178
Median Income (100% of median) $43,800 $50,100 $56,300 $62,600 $67,600 $72,600
$1,095 $1,253 $1,408 $1,565 $1,690 $1,815
Lgw.Income (80% of median) $35,040 $40,080' $45,040 $50,080 $54,080 $58,080'
$876 $1,126 $1,126 $1,252 $1,252 $1,452
Very Low Income (50% of median) $21,900 $25,050 $28,150 $31,300 $33,800 $36,300
$548 $626 $704 $783 $845 $908
Extremely Low Income (30% of $13,140 $15,030 $16,890 $18,780 $20,280 $21,780
median) $329 $376 $422 $470 $507 $545
Notes:
(I) The 1999 City of Federal Way Human Services Comprehensive Plan defines an affordable housing opportunity as rents affordable to households eaming less than 50%of median
(2) For ~'ntals, an affordable monthly payment is defined as a housing cosffpayment that is no more than 30% of a household's monthly income. This does not include a deduction for
utilities; it assumes that the entire payment goes toward the rent. Example: 50% of median income for a three-person household was $28,150 in 1999. At this income, the family could
afford $794 in rent.
For affordabilit~ calculations, a studio should be affordable to a one-person household; a one-bedroom unit should be affordable to a two-person household; a three-bedroom unit should
be available to a four-person household, and so on.
The 1999 City of Federal Way Human Services Comprehensive Plan defines an affordable ownership opportunity as prices affordable to households earning less than 80% of median
income.
For homeownership, an affordable monthly payment is defined as a housing cost/payment that is no more than 25% of a household's monthly income. This leaves 5% of income for taxec
and insurance.
An affordable home price is approximately three times the annual household income. An 80% of median income for a three-person household was $45,040 in 1999. At this income, th
family could afford to purchase a home costing no more than $135,120.
(3)
(4)
(5)
(6)
Table V-2
Affordable Housing for Various Income Segments
1999 Housing Process Income Requirements Typical Occupations with Required Earning Power
in King County for this Housing Type
$145,000 Median $47,750 Income Required I full time ($31,800) and 1 half-time public school teacher ($16,000) or 1 full-
Priced Condo after 5% down time university professor or 1 full-time heavy construction worker
$174,000 Home $57,290 Income Required 1 full-time senior police officer or 1 full-time corrections officer ($39,000) and
after 5% down I full-time social worker ($18,400)
$230,000 Median $71,740 Income Required 1 full-time insurance broker ($47,500) and 1 full-time clothing store employee
Priced Home after 10% down ($23,700) or 1 full-time aerospace engineer, computer programmer, or
educational administrator ($70,000-$74,000)
$277,000 Average $86,400 Income Required 1 full-time assistant bank manager ($43,000) and 1 full-time public health
Priced Home after 10% down nurse ($43,500) or 1 full-time firefighter ($55,000) and I full-time bookkeeper
or dental assistant ($31,000)
$732 per month $29,280 income required 1 full-time entry-level bus driver ($29,000) or 1 full-time administrative
average rent for a 2 assistant ($29,000) or I full-time grocery clerk ($22,000) and I part-time child
bedroom/1 bath Unit care worker ($9,000)
Thc October 1999 dnnualdffordable Housing Bulletin published by thc King County Office of Regional Policy and Planning
Note:
Salaries are estimated based on averages for entry, to mid-career earners, unless otherwise specified.
Revised 2000 V-6
OCT--
EXHIBIT
PAGE_L_OF,
Norlan Corporation
Federal Way. WA 98~3
P, cal ~slnte Services
(206) 927-1902
10/04/00
Kathy McClung
Community Development Director
City of Federal Way
33530 I"' Way S.
Federal Way. WA 98009
Ms McClung,
I am unable to attend the October 4, meeting regarding cluster .~ubdi,4sJons. and request that this letter be
put in thc public record. I am not involved in residential development, but ! do have some concerns over
any diminishing of the ability to do ck, srcring of residentia! uni~.~ in I:cdcral Way where site conditions
wan'ant it.
We are at a point in time where most of the readily dcvclopahlc rcsklc,ti~.l land has been utilized and much
of what remains has constraints. Duc to ttm recent and ongoing dcYelopment ortarge amounts of office
space in East Campus, there is ,'In increased demand for housing for thc employees of the businesses that
are filling up that space. This includes many ave.rage ~amilies who wa,t m live close to where they work.
We need to include provisions in our zoning codes that allow housing m be allbrdable for a broad
spectrum of people. The term "affordable housing" in Puge~ Sound, includes housin8 which requires
incomes of $35 - $60,000 per year.
of Iow income housing and incre:k~ed social problems. Thc reality is H~at many of these constrained sites
are expensive to build on, and clustering will make them feasible to build on not cheap, i respectfully
request the Planning Commision to consider these ~actors as para of Ihcir decision making process.
Commercial Real Estate Services
10/04/00 WED 10:22 [TX/RX NO 6389]
Board of Directors
Jim Cron, l~res|dent
Bill Morton, Vice-President
Betty Cron, Secretary
Julie Braun& Treasurer
Bennett
Mark Freeland
Jim Hamilton
Legal Counsel
Eide & Vogel
PAGE OF_.J,z..- CON MII~,] ;"' ! )Fv{{~. ?;'i,:!~!NT DEPARTMENT
Friends of the Hylebos Wetland P 2 2 2ooo
PO ~x 24971, F~eml Way, WA 9~93
September 20, 2000
Jim Harris
Senior Planner
City of Federal Way
33530 1st Way S.
Federal Way, WA 98063-9718
Dear Mr. Harris:
The following represents the comments of the Friends of the Hylebos Wetlands
regarding the city' s proposed cluster subdivision code amendments (00-104413-
00-SE). Friends of the Hylebos Wetlands is a nonprofit conservation
organization based in Federal Way, Washington and dedicated to the
conservation of the West Hylebos Wetlands and the preservation and restoration
of the Hylebos Creek Watershed.
The original ordinance was intended to enable landowners with onsite sensitive
areas to build to allowable density while protecting wetlands and sensitive areas
and adding to the open space available to local residents. While these are worthy
goals, we believe the ordinance and proposed amendments fail to satisfy all
three goals. Namely, wetlands and streams are left vulnerable under the
proposed amendments.
Wetlands and streams are not isolated eCOsystems but parts of larger ecological
communities that extend beyond 50-foot, 100-foot, and even 200-foot buffers.
Many species that utilize wetlands also depend upon surrounding upland
environments for habitat and food and other life requirements. When
disconnected from the surrounding upland environments, these systems may
lose much of their biological function, even though buffers have protected their
physical area and stormwater controls have, at least partially, protected their
hydrology.
Amphibians are an excellent example. Most amphibian species use wetlands for
breeding and spawning (and juvenile rearing) during a brief period of the year.
During the rest of the year, though, they reside in surrounding upland forests.
Without the upland forest, the wetland become virtually useless to amphibians
(and to many other species, since amphibians are a cornerstone species in
wetland food webs). Simple wetland buffer areas are typically inadequate to
provide sufficient upland habitat for amphibians.
Whether a property contains a wetland or stream is developed as a cluster
subdivision or at a lower density, the aquatic environment suffers from the loss
of surrounding upland. The cluster subdivision code does not address this
biological fact. However, it could, and in our opinion, should do so.
EXHIBIT
PAGE... _OF
This is especially important, as several of the current cluster applications have occurred in the
area east of 21~t Ave. S. and south of S. 356th. Wetlands in this area are implicated in the health
of the biologically rich Spring Valley area and the West Hylebos Creek and West Hylebos
Wetlands.
Currently, the 15 percent set-aside provision is directed to be utilized for useable open space.
The set-aside, however, represents a potential upland habitat resource for onsite wetlands or
streams.
If the set-aside is configured on a site to be connected with wetlands or streams, then it has the
added value of providing the necessary upland habitat that will help preserve the biological
integrity of sensitive areas associated with cluster subdivisions.
In addition, the set-aside should be placed in the context of habitat on neighboring properties. In
particular, the ordinance should provide direction to attempt to preserve wildlife corridors that
maximize the ability of wildlife species to travel between wetland areas.
While this will place some limits on the type of human use allowable in the cluster set-asides, it
will enable the city to satisfy its goal of protecting ecologically important wetland resources.
We believe the city staff should revisit the proposed amendments to consider ways to incorporate
the need to preserve upland habitat in the cluster subdivision ordinance.
In addition, the staff report for the proposed amendments notes that the 20 percent road set aside
is typically not fully utilized for roads. We further recommend that staff study whether there are
additional opportunities to include unused area from the road set-aside for a habitat/open space
set-aside.
Friends of the Hylebos Wetlands welcomes the opportunity to engage city staff in further
discussion on this issue. I may be reached at 253-874-8270 if there are any questions about the
content of these comments.
Yours truly,
Chris Carrel
Executive Director
FRC:'I PODELL HOME BUILDERS FAX NO. : 206-824-9050 Sep. 18 2000 08:41AM P2
September 13, 2000
Ms. Kathy McClung
Planning Department
City of Federal Way
33530 l~'Way South
Federal Way; WA 98003
lie: Cluster Subdivisions
Dear Ms. McClung,
Unfortunately, I am unable to attend the September 20'h Planning Commission meeting.
However, i wanted to communicate some of the ideas.we have, as a local developer that
has worked within the City of~ederal Way 'for over thirty years.
Our Company has designed and created many different types of homes and fiommunities.
The stated vision of our company is to "create homes theft a~.~ a place of joy, love,
security, harmo,y, order, rupport ~md shelter. Home i$ a place of respect.£or the
individztctl. It ix ct plnce of reft, ge, ct safety net." With that vision firmly in place we 'have
worked in many cities and jurisdictions creating homes and communities got people.
For any city to be a viable place to live and work it must have a diverse mix of housing
styles and price ranges. While it is human nature to want to only associate with people of
ones.perceived class, it is a t~aet of life 'that there are all different types of people in this
world and all of them deserve a place to live.
It is our.belief that the only way to create.a mix ofh°using is by offering a variety of
zoning options so that developers can build different types of housing. A city must have
what we would call "standard zoning" ~ but they .must also have either a PUD ordinance
or something Similar to your "Cluster" ordinance. These ordinances allow developers
the flexibility to create housing tYpes that meet different housing needs.
Having a mix of housing, product, either through "Cluster or PUD" zoning does not cause
increased crime or decrease housing'values. In faCt, it does quite the opposite, it has
been proven that planned developments actually increase property values and decrease
crime.
We would offer as an example Our project Huntington P~rk, located in Des Moines,
Washington. Hunti~brton Park. was.built under.a PUD ordinance. At the time of
development the surrounding' neighbors protested that our new homes would cause traffic
problems, higher crime, decreased property values etc. Today, twenty five years later,
22528 Marine View Drlv¢ Smah - 1~.O. Box 98309 - Des Moincs. Washington 98198 - (2(16) 824-6224 · FAX: {206) 824-5797
POWELHB 121 K3
09/18/00 ~ON 08:37 [TX/RX NO 6176]
FRnM
: PO~ELL
HOME BUILDERS FAX NO. : 206-824-9050 S~p. 18 2000 08:41AM P~
PAGE_. _.OF
quite the oppositc has been proven. Crime is lower than the surrounding area and
housing values are higher. It might be beneficial for the council to see this projcct
located at South 248m Street and Marine View Drive South in Des Moines.
Powell Homes believes that tbr any city to be economically and socially successful it
must be diverse. To be diverse it is imperative that the City provide for different types of
housing. By keeping and improving the Cluster Code the City of Federal Way can
accomplish this.
Thank you for your time and I look forward to seeing you at the next meeting.
President
09/18/00 ~0N 08:37 [TX/RX NO 6176]
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
FROM:
VIA:
SUBJECT:
October 30, 2000
Phil Watkins, Chair
Land Use and Transportation Committee (LUTC)
Kathy McClung. Interim Director of Community Development Services ~"~
David M~ger
Planning Commission Recommendation - Adult Use Retail amendment to Chapter 22
(Zoning) of the Federal Way City Code.
I. INTRODUCTION AND BACKGROUND
The Federal Way City Council amended the Adult Entertainment, Activity, Retail or Use (Adult
Uses) Section of the Federal Way City Code in 1999 to permit these uses in the Community
Business (BC) zone under certain circumstances. The BC zone is the only zone, which currently
permits these uses. At that time, the staff looked at'sensitive uses in relation to adult uses such as
daycares, churches, and schools and recommended 1000 foot setbacks from those uses. Since then,
city staff have received inquiries about locating current adult retail from other parts of the city to the
BC zone. It has been suggested that language in Section 22-763 would prevent adult uses from
locating within 1000 feet of a non-conforming residential use. This was not the intent of that code
provision, and the City has never interpreted it that way. The Planning Commission
recommendation eliminates the requirement of adult uses to setback 1000 feet from non-conforming
residential uses.
Attached are the following:
Exhibit A - Proposed Ordinance with Planning Commission recommendations incorporated
Exhibit B - October 18, 2000, City of Federal Way Planning Commission Report (Staff Report
to the Planning Commission)
The proposed amendments have been prepared in "line-in/line-out" format, with str'2kecuts
(proposed deletions) and underline (proposed additions) indicated.
II. REASON FOR COUNCIL ACTION
FWCC Chapter 22, "Zoning," Article IX, "Process VI Review," establishes a process and criteria
for FWCC text amendments. Consistent with Process VI review, amendments to the FWCC text
must be approved by the City Council based on a recommendation from the Planning Commission.
III. PLANNING COMMISSION RECOMMENDATION
As discussed below in Section IV-- Procedural Summary of this staff report the Planning
Commission conducted a public hearing on the proposed text amendments to the FWCC regarding
adult uses on October 18th, 2000. No members of the public attended the public hearing.
The Planning Commission considered the proposed FWCC text amendments in light of the
decisional criteria outlined below in Section Vofthis report. By a unanimous vote of the Planning
Commission, the Planning Commission recommended that the City Council adopt a text
amendment to eliminate the non-conforming residential uses from the 1000 foot setback rule as
recommended by staff. The Planning Commission recommended draft, which identifies the
proposed text amendments to the FWCC regarding adult uses is attached as Exhibit A.
IV. PROCEDURAL SUMMARY
October 18, 2000:
Planning Commission Public Hearing
November 6, 2000:
Land Use Committee
V. DECISIONAL CRITERIA
FWCC Section 22-528 provides criteria for FWCC text amendments. The following section
analyzes the compliance of the proposed land use review processes text amendments with the
criteria provided by FWCC Section 22-528.
The city may amend the text of the FWCC only if it finds that:
(1) The proposed amendment is consistent with the applicable provisions of the comprehensive
plan;
The Comprehensive Plan does not specifically address adult uses or non-conforming
residential uses. The proposed amendment is not inconsistent with the Comprehensive Plan.
(2) The proposed amendment bears a substantial relationship to public health, safety, or
welfare; and
The goal of the City is to provide adequate sites for adult uses as provided within the law,
without jeopardizing the city center and residentially zones neighborhoods.
(3) The proposed amendment is in the best interest of the residents of the city.
The proposed FWCC text amendment will retain adult uses within the Community Business
zone, without requiring additional sites in zones that the city would find less desirable.
City of Federal Way LUTC Report August 1, 2000
Land Use Review Processes FWCC Text Amendments Page 2
VI. 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 take the following action:
1. Approve the proposed Zoning Code text amendments by ordinance;
2. Modify and approve the proposed Zoning Code text amendments by ordinance;
3. Disapprove the proposed Zoning Code text amendments by resolution; or
Remand the proposed Zoning Code text amendments 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 back to the City Council on the proposed text amendments.
1 X2000 Code Amendments~Miscellaneous Code Amendments~LUTC StaffReport on Phase [ Amendments doc/10/31/00 4:04 PM
City of Federal Way LUTC Report August 1, 2000
Land Use Review Processes FWCC Text Amendments Page 3
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22
OF THE FEDERAL WAY ZONING CODE, ADOPTING
SPECIFIC AMENDMENTS TO THE ADULT USE
REGULATIONS.
A. Amendments to the Federal Way City Code (FWCC) text are authorized
pursuant to FWCC Section 22-216 pursuant to Process VI review; and
B. The Federal Way City Council has considered proposed changes to the
FWCC regarding adult uses; and
C. The Federal Way City Council, pursuantto FWCC 22-517, having determined
the Proposal to be worthy of legislative consideration, referred the Proposal to the Federal
Way Planning Commission as a priority item for its review and recommendation; and
D. The Federal Way Planning Commission, having considered the Proposal at
public hearings during 2000 on October 18th pursuant to FWCC Section 22-523, and all
public notices having been duly given pursuant to FWCC Section 22-528; and
E. The public was given opportunities to comment on the Proposal during the
Planning Commission review; and
H. Following the public hearings, the Planning Commission submitted to the
Land Use and Transportation Committee of the City Council its recommendation in favor of
proposed zoning text amendments adding sections to the FWCC as noted previously; and
ORD # , PAGE 1
H. The Federal Way Land Use and Transportation City Council Committee met
on November 6, 2000 to consider the recommendation of the Planning Commission; and
has moved to forward the Proposal, with amendments, to the full City Council; and
I. There was sufficient opportunity for the public to comment on the Proposal;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. After full and careful consideration,the City Council of the City
of Federal Way makes the following findings with respect to the Proposal and the proposed
amendments to the Federal Way City Code ("FWCC"):
1. The Federal Way City Council adopted the Federal Way Comprehensive Plan
in order to comply with the state's Growth Management Act; and
2. The proposed code amendmentswould not adversely affectthe public health,
safety or welfare; and
5. The Planning Commission, following notice thereof as required by RCW
35A.63.070, held a public hearing on the proposed regulatory amendments and provided
opportunity for public testimony, written comments, and material from the public by and
through said hearings.
Section 2. Conclusions. Pursuant to FWCC Section 22-216 and based upon the
Findings set forth in Section 1, the Federal Way City Council makes the following
Conclusions of Law with respect to the decisional criteria necessary for the adoption of the
ORD # , PAGE 2
Proposal:
The Proposal is not inconsistent with the Comprehensive Plan goals and policies.
Section 3. Amendment. The Federal Way Subdivision Code, Chapter 20, and
Zoning Code, Chapter 22, is amended to provide as set forth in Attachment A and by this
reference is incorporated herein.
Section 4. The provisions of this ordinance are declared separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to
other persons or circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force five (5)
days from the time of its final passage, as provided by law.
PASSED by the City Council of the City of Federal Way this day
of ., 2000.
CITY OF FEDERAL WAY
ORD # ., PAGE 3
MAYOR, MICHAEL PARK
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
INTERIM CITY ATTORNEY, ROBERT STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
ORD # , PAGE 4
EXHIBIT A
Sec. 22-763. Adult entertainment, acti~'ity, retail, or use ("Adult Uses").
The following uses shall be permitted in the community business (BC) zone subject to the regulations and notes set forth in this section:
USE ZONE CHART
DrRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS
MINIMUMS
~QUI~ ¥,~s ZONE
z ~ ~ BC
USE
~' ~ SPECIAL REGULATIONS AND NOTES
~.dult entertainment, Process II None 20' 0' 0' 35' above 1 for each 1. a. Except as specified under paragraph 1.b below, this adult use may not locate or be conducted closer than the distance noted below to any of
average 300 sq. fl. the following, whether in or out of the city:
activity, retail, or use. Possible See note 2. I) Within 1,000 feet of any residential zone or any single-family or multiple-family residential use outside the Community Business zone~
Process building &gross
IV elevation, floor area. but not including nonconforming residential uses in the Community Business or Business Park zones
See note 2) Within 1,000 feet of any public park;
I. See note 2. 3) Within 1,000 feet of any library;
4) Within 1,000 feet of any day care center for children, nursery, or pre-school;
5) Within 1,000 feet of any church or other facility or institution used primarily for religious purposes;
6) Within 1,000 feet of any public or private elementary or secondary school; and
7) Within 1,000 feet of any other adult uses.
The separation required between an adult use and any sensitive use described above in sections l(a)(l)-(6) shall be measured from the edge
or comer of the property of such sensitive uses to the edge or comer of the property of the adult use. The separation required between adult uses
;hall be measured from the point of public access among the buildings housing such uses. That non-restricted portion of any parcels or buildings
not included within any portion &the above referenced 1000 foot setback areas may be used for adult uses.
b. The city may, using Process IV, approve this use regardless of its proximity to the uses and zones specified in paragraph 1.a (7) above,
based on the following criteria:
1) The extent to which the topography or physical features of the area would result in effective separation in terms of visibility and access;
2) The compatibility of the proposed use with nearby uses;
3) The lack of availability of alternative locations for the proposed use, based on the requirements of paragraph 1.a above;
4) The availability of transportation mutes to allow motorists and pedestrians to avoid the proposed use if they wish to do so.
2. The city may, using Process IV, modify required yard, height, landscape and buffer and other site design and dimensional requirements for a
>roposed development that meets the following criteria:
a. The proposed development will be consistent with adopted comprehensive plan policies for this zone; and
b. The proposed development will be consistent with applicable design guidelines; and
e. The street, utilities, and other infrastructure in the area are adequate to support the proposed development.
3. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required
buffers, parking lot landscaping, surface water facilities, etc.
4. For community design guidelines that apply to the project, see Article XIX.
5. For landscaping requirements that apply to the project, see Article XVII.
6. For sign requirements that apply to the project, see Article XVII1.
7. Refer to Sec. 22-946 et seq. to determine what other provisions &this chapter may apply to the subject property.
] I For other information about parking and parking areas, see § 22-I 376 et seq.
Process I, II, itl and IV are described in
22-386-22-41 I,
22-431--22-460, For details of what may exceed this height limit, see § 22-1046 et. seq.
22..476-22-498 respectively.
For details regarding required yards, see § 22-1131 et seq.
(Ord. No. 90-43, § 2(50.45), 2-27-90; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 96-270, § 5, 2-7-96; Ord. No. 97-29 I, § 3, 4-1-97)
EXHIBIT
PAG E._.L_OF
CITY OF FEDERAL WAY
PLANNING COMMISSION REPORT
Adult Use Retail Regulations
Federal Way City Code (FWCC) Amendments
A. INTRODUCTION
FWCC Chapter 22, Zoning, Article IX, Process VI Review, establishes a process and criteria
for Zoning Code text amendments. Consistent with Process VI review, the role of the
Planning Commission is as follows:
1. To review and evaluate the proposed Zoning Code text amendment regarding adult use
location criteria;
2. To determine whether the proposed Zoning Code text amendment meets the criteria
provided by FWCC Section 22-523; and,
3. To forward a recommendation to City Council regarding adoption of the proposed
Zoning Code text amendment.
B. BACKGROUND
In 1999, the City Council last amended the Adult Entertainment, Activity, Retail, or Use
(Adult uses) Section of the FWCC to allow these uses in the Community Business (BC)
zone under certain conditions, and to prevent them from locating in the City Center Core
and Frame. At that time, the staff looked at sensitive uses in relation to adult uses such as
daycares, churches, schools, and in certain circumstances, residential uses, and
recommended 1000 foot setbacks from those uses. Since then, city staff has received
inquiries about locating current adult retail from other parts of the City to the BC zone. It
has been suggested that language in Section 22-763 would prevent adult uses from locating
within 1000 feet of a nonconforming residential use. This was not the intent of that code
provision, and the City has never interpreted it that way.
There are pockets of nonconforming residential in both the Business Park and Community
Business zones. These are for the most part, single-family homes that were built before
commercial uses intruded their neighborhood. Nonconforming single-family uses are
viewed differently than homes in residential zones because these areas will eventually be
converted to commercial uses and the Zoning Code generally does not permit actions that
extend the life of these nonconforming uses. Protecting these uses from the adverse effects
of adult uses or other uses permitted in the BC zone would create a disincentive to the
phased replacement of nonconforming uses with permitted uses intended by the Code.
In accordance with the City's practice, this Code amendment is being requested to codify
the City's interpretation of Section 22-763. The amendment would not create any new sites
available for adult uses, but rather would provide the same number of sites available under
the existing Code.
C. CODE AMENDMENT
Remove the requirement for the 1000-foot setback for adult uses from nonconforming
residential uses within the Business Park (BP) and Community Business (BC) zoning
districts.
D. COMPLr~NCE WITH FWCC SECTION 22-523
FWCC Section 22-523 provides criteria for zoning text amendments. The following section
analyzes the compliance of the proposed zoning text amendment regarding subdivision and
development review processes with the criteria provided by FWCC Section 22-523.
The City may amend the text of Chapter 22, Zoning, only if it finds that:
1. The proposed amendment is consistent with the applicable provisions of the
comprehensive plan;
The Comprehensive Plan does not specifically address adult uses or nonconforming
residential uses. The proposed amendment is not inconsistent with the Comprehensive
Plan.
2. The proposed amendment bears a substantial relationship to public health, safety, or
welfare; and
The goal of the City is to provide adequate sites for adult uses as provided within the
law, without jeopardizing the city center and residentially zoned neighborhoods.
3. The proposed amendment is in the best interest of the residents of the city.
The proposed FWCC text amendment will retain adult uses within the Community
Business zone, without requiring additional sites in zones that the City would find less
desirable.
City of Federal Way Planning Commission Report
Adult Use Retail Regulations FWCC Text Amendments
October 18, 2000
Page 2
EXHIBIT,
PAGE
F. STAFF RECOMMENDATION
Staff recommends amending the land use chart for adult entertainment, activity, retail, or
use in the Community Business zone (Section 22-763) to clarify that the 1000-foot setback
does not apply to nonconforming residential uses in the BP and BC zoning districts.
G. PLANNING COMMISSION ACTION ALTERNATIVES
Consistent with the provisions of FWCC Section 22-535, the Planning Commission may
take the following actions regarding the proposed Zoning Code text amendments:
1. Recommend to City Council for adoption of the Zoning Code text amendments as
proposed;
2. Modify the proposed Zoning Code text amendments and recommend to City Council
for adoption of the Zoning Code text amendments as modified;
3. Recommend to City Council that the proposed Zoning Code text amendments not be
adopted; or,
4. Forward the proposed Zoning Code text amendments to City Council without a
recommendation.
H. RECOMMENDED MOTION
The following motion is suggested:
Move to recommend to City Council for adoption of the proposed Zoning Code text
amendments regarding setbacks from non-conforming residential uses within the
Community Business and Business Park zones from adult uses (if changes occur as a result
of Planning Commission deliberations add, "as amended by the Planning Commission").
EXHIBIT
Exhibit A - Sec. 22-763. Adult entertainment, activity, retail, or use ("Adult Uses").
I:~X)CLIMEN1XADULT~Oct 2000 Revision StaffRqxnt.doc/Laat printed 10112/2000 01:25 PM
City of Federal Way Planning Commission Report
Adult Use Retail Regulations FWCC Text Amendments
October 18, 2000
Page 3
EXHIBIT A
Sec. 22-763. Adult entertainment, activity, retail, or use ("Adult Uses").
The following uses shall be permitted in the community business (BC) zone subject to the regulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS
MINIMUMS
REQUIRED YARDS ! ZONE
USE
~ ~ _ c~ SPECIAL REGULATIONS AND NOTES
Adult entertainment, Process II None 20' 0' 0' 35' above I for each 1. a. Except as specified under paragraph 1 .b below, this adult use may not locate or be conducted closer than the distance noted below to any of
activity, retail, or use. Possible average 300 sq. ft. the following, whether in or out of the city:
Process See note 2. building of gross 1) Within 1,000 feet of any residential zone or any single-family or multiple-family residential use outside the Community Business zone~
IV elevation, floor area. but not including nonconforming residential uses in the Community Business or Business Park zones;
See note 2) Within 1,000 feet of any public park;
1. See note 2. 3) Within 1,000 feet of any library;
4) Within 1,000 feet of any day care center for children, nursery, or pre-school;
5) within 1,000 feet of any church or other facility or institution used primarily for religious purposes;
6) Within 1,000 feet of any public or private elementary or secondary school; and
7) Within 1,000 feet of any other adult uses.
The separation required between an adult use and any sensitive use described above in sections l(a)(1)-(6) shall be measured from the edge
or comer oftbe properly of such sensitive uses to the edge or comer oftbe property of the adult use. The separation required between adult uses
shall be measured from the point of public access among the buildings housing such uses. That non-restricted portion of any parcels or buildings
not included within any portion of the above referenced 1000 foot setback areas may be used for adult uses.
b. The city may, using Process IV, approve this use regardless of its proximity to the uses and zones specified in paragraph l.a (7) above,
based on the following criteria:
1) The extent to which the topography or physical features of the area would result in effective separation in terms of visibility and access;
2) The compatibility of the proposed use with nearby uses;
3) The lack of availability of alternative locations for the proposed use, based on the requirements of paragraph l.a above;
4) The availability of transportation routes to allow motorists and pedestrians to avoid the proposed use if they wish to do so.
2. The city may, using Process IV, modify required yard, height, landscape and buffer and other site design and dimensional requirements for a
proposed development that meets the following criteria:
a. The proposed development will be consistent with adopted comprehensive plan policies for this zone; and
b. The proposed development will be consistent with applicable design guidelines; and
c. The s~reet, utilities, and other infrastructure in the area are adequate to support the proposed development.
3. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required
buffers, parking lot landscaping, surface water facilities, etc.
4. For community design guidelines that apply to the project, see Article XIX.
5. For landscaping requirements that apply to the project, see Article XVII.
6. For sign requirements that apply to the project, see Article XVIII.
7. Refer to Sec. 22-946 et seq. to determine what other provisions of this chapter may apply to the subject property.
[ [ For other information about parking and parking areas, see § 22-1376 et seq.
Process I, II, III and IV are described in
22-386--22-411,
22-431--22460, For details &what may exceed this height limit, see § 22-1046 et. seq.
22476--22498 respectively.
For details regarding required yards, see § 22-1131 et seq.
(Ord. No. c § 2(50.45), 2-27-90; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 96-270, § 5, 2-7-96; Ord. No. 97-291, § 4 '-97)