Res 13-636RESOLUTION NO. 13-636
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING SOUNDVIEW
MANOR PRELIMINARY PLAT, FEDERAL WAY FILE NO. 07-
103109-00 SU.
W�-IEREAS, the owner, Westbrook Investments LLC, applied to the City of Federal Way for
preliminary plat approval to subdivide certain real property known as Soundview Manor, and consisting
of 9.01 acres into twenty one (21) single-family residential lots located on the south side of the 4400
block of SW Dash Point Road; and
WHEREAS, on August 3, 2012, a final Environmental Mitigated Determination of Nonsign ficance
(MDNS) was issued by the Director of Federal Way's Community and Economic Development
Department pursuant to the State Environmental PolicyAct (SEPA), Chapter 4321C; RCW, and
WHEREAS, the Federal Way Hearing Examiner on January 30, 2013 and February 27, 2013, held
a public hearing concerning Soundview Manor preliminary plat; and
WHEREAS, following the conclusion of said hearing, on March 13, 2013, the Federal Way
Hearing Examiner issued written Findings of Fact, Conclusions of Law and Recommendation containing
iindings and conclusions, and recommending approval of the Soundview Manor preliminary plat subject
to conditions set forth therein; and
WHEREAS, on April 3, 2013, the applicant's agent CES NW Inc, submitted a letter requesting
clarification of the Federal Way Hearing Examiner's Decision; and
WxE�AS, on April 5, 2013, the Federal Way Hearing Examiner issued an Order on Clarification
in response to the applicant agent's letter; and
WxE�AS, the Federal Way City Council has jurisdiction and authority pursuant to Section
18.35.180 of the Federal Way Revised Code to approve, deny, or modify a preliminary plat and/or its
conditions; and
Resolution No. 13-636 Page 1 of 4
WHEREAS, on May 6, 2013, the City Council considered the record and the Hearing Examiner
recommendation on Soundview Manor preliminary plat, pursuant to Title ] 8 of Federal Way Revised
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 of Law.
l. The findings of fact and conclusions of law of the Hearing Examiner's March 13, 2013
Findings of Fact, Conclusions of Law and Recommendation, attached hereto as Exhibit A and
incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way
City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall
be treated as such.
2. Based on, inter alia, the analysis and conclusions in the Staff Report a�d 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 ope�a spaces,
drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary
waste, parks and recreation, play gounds, 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.
herein.
3. The public use and interest will be served by the preliminary plat approval gra�ted
Section 2. A�plication A�proval. Based upon the recommendation of the Federal Way Hearing
Examiner Findings of Fact and Conclusions of Law contained therein as adopted by the City Council
immediately above, Soundview Manor preliminary plat, Federal Way File No. 07-103109-00 SU, is
hereby approved, subject to conditions as contained in the March 13, 2013 Findings of Fact, Conclusions
of Law and Recommendation of the Federal Way Hearing Examiner (Exhibit A).
Resolution No. 13-636 Page 2 of 4
Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are
all integral to each other with respect to the City Council finding that the public use and interest will be
served by the platting or subdivision of the subject property. Should any court having jurisdiction over the
subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat
approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the
City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or
conditions and conduct such additional proceedings as are necessary to assure that the proposed plat
makes appropriate provisions for the public health, safety, and general welfare and other :factors as
required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such
recommendation to the City Council for further action.
Section 4. Severabilitv. If any section, sentence, clause, or phrase of this resolution should be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality sha11 not affect the validity or constitutionality of any other section, sentence, clause,
or phrase of this resolution.
Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make
necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical
errors, references, resolution numbering, section/subsection numbers and any references thereto.
Section 6. Ratification. Any act consistent with the authority and prior to the effective date of the
resolution is hereby ratified and affirmed.
Section 7. Effective Date. This resolution shall be effective immediately upon passage by the
Federal Way City Council.
Resolution No. 13-636 Page 3 of 4
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS 6TH DAY
oF May, 2013.
CITY OF FEDERAL WAY
c�-''��dJ' 0
MAYOR, S IP PRIEST
ATTEST:
CITY CLERK, CAROL MC EILLY
APPROVED AS TO FORM:
G'G��-�' � � •
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH TxE CITY CLETUC: 04-26-2013
PASSED BY THE CITY COLJNCIL: OS-06-2013
RESOLUTiorr No. 13-636
Resolution No. 13-636 Page 4 of 4
BEFORE THE HEARING EXAMINER FOR THE CITY OF FEDERAL WAY
Phil Olbrechts, Hearing Examiner
RE: Sound View Manor Preliminary Plat
07-103109-00-SU
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND RECOMMENDATION
INTRODUCTION
The Applicant requests approval of a preliminary plat to subdivide nine acres into twenty one
residential lots. Approval is recommended with conditions.
This plat was subject to more than 40 letters of concern and a petition opposing the project
signed by 529 people. The primary issue of concern was a connection within the proposed
subdivision to 314th Street in the adjoining Twin Lakes subdivision, which could have
significantly increased traffic in that neighborhood. The prelimiriary plat was subsequently re-
designed and only four members of the public spoke at the hearing. �
ORAL TESTIMONY
Staff Testimony
Janet Shull, senior planner, stated the subject property is located in the west central portion of the
city, on the south side of the 4�-�-f00 block of SW Dash Point Road. The site is just south of
Dash Point Road. The area includes single-family residences and there is a wetland adjacent to
the site. School district property is located south of the site. The site is zoned single-family
residential (R-9.6) with a minimum lot size of 9600 sq ft. The comprehensive plan designation is
high-density, single-family. The applicant is proposing 21 lots on a 9-acre site. A buffer area for
the wetland is proposed west of the 21 lots, along with another vegetative track on the property.
The only access to the site will be from SW Dash Point Road. The applicant proposes a
pedestrian tract to the east of the property to meet Federal Way's block-perimeter standards.
This pedestrian tract area was the subject of many of the original comment letters from 2008
because, originally, there was going to be a right-of-way for vehicles in this area. An
environmental mitigation review of non-significance was issued on August 3, 2012. The city
received four comment letters from citizens (exhibit 7), but no appeals were filed. In regard to
open space, Federal Way requires a minimum of 15 percent open space for single-family plats.
The applicant is proposing 30 percent of the lot be retained for open space. The open space areas
consist of the wetland buffer area, a green tract adjacent to the buffer area, a pedestrian
connection (usable open space), and a tract to the east of the site. The eastern tract will partially
be used to extend an existing trail to connect with a paved pedestrian path. These open space
areas are steep sloped. The application meets all perimeter landscaping requirements. Most of
the clearing on site will occur towards the center of the property.
' 7'rack chan�e rcvisions have been adcte;d tc� �hi� ver�ion of the decision that represent corriction5 to clerical errc3rs
that were made subsec uent to the n►ailin of the recnn�mendation to t�e�rin aetici ants.
{PA0768757.DOC;1\13041.900000\ }
Preliminary Plat Recommendation p. 1 Findings, Conclusions and Recommendation
In regard to street improvements, Ms. Shull testified that the applicant is proposing frontage
improvements along SW Dash Point Road on the south side. These improvements include
sidewalks, street trees, and additional pavement width. Additionally, the applicant will be
constructing a new right-of-way, Soundview Drive. A new pedestrian tract will connect
Soundview Drive to 314`h Street. In regard to storm drainage facilities, the applicant is
proposing an on-site infiltration retention pond. It will be located in tract A and will be required
to meet level 2 concentration flow standards. The surface water facilities are designed per the
2009 King County Surface Water Design Manual. Additionally, clearing, grading, and utility
line construction will be limited to April 30-:� Octaber 1. Staff recommends approval of the
preliminary plat (page 9 of staff report) with 8 conditions (pages 13-14 of staff report).
Ann Dower, Public Works, noted that Federal Way classifes streams based on particular issues.
The project is mitigating the type 2 stream via an infiltration plan.
Applicant Testimony
Craig Deaver, CES Northwest Inc., stated he is representing the applicant, Westbrook
Investments. The Soundview Manor preliminary plat application was first submitted in June,
2007. The project received all required approvals. There was a SEPA determination of non-
signifcance issued in August, 2012. The applicant agrees with the findings of the staff report,
with a few minor exceptions. There are 21 single-family lots proposed with an average lot area
of 1'0,555 sq ft. A public road will serve the plat with a 52 ft right-of-way, 28 ft travel way, and
3 ft planter strip (with a sidewalk). The internal roadway will obtain a maximum grade of 15
percent. There is approximately 15-20,000 yards of material that will be removed from the site.
The applicant proposes significant frontage improvements to SW Dash Point Road including a
new turn lane, sidewalks, street trees, and a planter strip. The applicant is proposing to place the
sewer connection at the intersection of SW Dash Point Road and the cul-de-sac road. Domestic
water will be supplied by Tacoma Water, and an updated water certificate is included as part of
the application. An off-site wetland to the west exists, thus a 100ft buffer is proposed.
Stormwater will be contained within an inf ltration pond located in the northwest corner of the
site. The wetland hydrology will be maintained for the rear lots that abut the site to the west.
The project will create approximately 59,000 cubic yards of material to be moved, with 20,000
yards of cut to be removed from the site. A geotechnical study was conducted in May, 2006 and
found the preliminary plans comply with all necessary requirements.
According to Mr. Deaver, on June 6, 2007, CES submitted a plat with 28 lots with two roadway
connections, one with 314th St and one to the school area, and no open space tracts. On
September 28, 2010, CES resubmitted a plat with 28 lots with no connection to SW 314�' St and
added open space tracts. The final revised lot included 21 lots, a peciestrian tract to 314th St, and
2 open tract spaces. In regard to tree retention, the plan retains 29.5 percent, and Federal Way
only requires a 25 percent retention rate. In regard to preservation of native vegetation, the
applicant is proposing 30 percent of open space when Federal Way only requires 15 percent. In
regard to traffc concerns, the plan includes numerous frontage improvements including turn
lanes and increased pavement area. In regard to stormwater, the plan will meet all
NF'DES'�� and DOE standards. In regard to the staff report, the applicant asks that the
{PA0768757.DOC;1\13041.900000\ }
Preliminary Plat Recommendation p. 2 Findings, Conclusions and Recommendation
hearing examiner remove the three tracts (F, G, and H) to the east and combine them into one
tract. Having three separate tracts provides no benefit to the neighborhood. Additionally, the
applicant asks that the street tree requirement be made part of the building permit process. As
the building permits are established, the trees requirements would be established. This would
only apply to the internal street-tree requirements, and the trees along SW Dash Point would be
installed during the plat process.
Public Testimony (from January 30, 2013)
Ann Ransom stated her property neighbors the planned development. She is concerned that
clearing the development property will increase erosion in the area because the site is very steep.
Additionally, she wants to ensure construction vehicles are not parked on 314th Street because
the road is very narrow and steep.
Graham Evans stated he lives down the road from the proposed development. He believes
several of the new developments in Federal Way already being constructed do not match the
city's rural character, such as the one along Hoyt Road. He fears the Soundview subdivision
does not meet the city's character either. Dash Point Road, which goes past the proposed
development, leads to Dash Point State Park. The proposal will move many of the trees along
this road, thus the new subdivision will be visible from the street.
Mr. Carlson testified that he lives east of the new development. He wants to ensure that the
trees abutting the valley on the east side of the development will be retained.
Janet Shull stated that the proposal does maintain the trees in the eastern valley area.
Martin Smith stated he lives across Dash Point Road from the development. His home is
adjacent to the runoff valley, and he fears that the development will create further runoff. Large
amounts of erosion have occurred over the past years, and the area cannot handle more
stormvvater.
Public Testimony (from February 27, 2013)
Martin Smith stated that he has no complaints about building the subdivision; however, he is
concerned about the run-off. He would like verifcation that no water will be added to the runoff
creek for the other homes in the Twin Lake area. He submitted pictures of the erosion that has
occurred from the creek. Additionally, he does not believe there should be any sidewalks along
Dash Point Road because it will destroy the rural nature of the area. There are no sidewalks
along any other part of the road.
Rod Zaffino stated his property is across the street from the subject site. Twenty years ago, a
similar project was proposed for the applicant's property. He noted that issues raised twenty
years ago included how to avoid contamination of the seasonal creek running behind his own
home, how will the city ensure that the road improvements ensures safety of both drivers and
homeowners (Mr. Zaffino's home is located right across from the egress ingress), and what kind
of buffer where there be on Dash Point Road and the project. In regard to tree retention, he
{PA0768757.DOC;1\13041.900000\ }
Preliminary Plat Recommendation p. 3 Findings, Conclusions and Recommendation
stated that it is more important to place the trees in appropriate areas, than the actual number of
trees.
Staff Rebuttal
Janet Shull testifed that staff has previously considered combining tracts F, G, and H; however,
the city requires two different purposes for the tracts. The pedestrian connection, tract H, is an
access tract with one set of conditions, and then the other two tracts are open space tracts with a
different set of conditions. The primary concern is protecting the public access tract. Tract H is
bounded by the trail and is 12-ft wide (8ft paved). Previously, staff granted a modification to
allow the tract to be 12-ft, instead of the usual required 24ft for pedestrian tracts. In regard to the
street trees being a condition of the building permit, Ms. Shull stated that there is no precedent
for this change. Additionally, the developer may sell lots or take several years to build-out, thus
staff fears tracking tree installation would be very difficult. Aesthetically, this proposal could
also cause problems as trees would be planted at different times. In regard to Mr. Zaffino's
concerns, there was a proposal approved for the lot in 1990; however, that project did not
materialize. The city has never turned down a project proposal. In regard to a buffer along SW
Dash Point, there will be required frontage landscaping, lOft wide, along Dash Point Road. This
landscaping will be type 3 which is a mix of evergreen, deciduous trees, large shrubs, and
groundcover. Over 50 percent of the frontage along the street-side will remain as is today.
Ann Dower, Public Works, noted that there is an eroded channel downstream from the site. This
hazard area is referenced in the staff report on page 4. The applicant is required to retain runoff
amounts totaling up to the 50-year storm, which is a very large storm. Thus, this will keep water
from going downstream, and any water that escapes will move at. a slow pace. In regard to the
sidewalk reguirement along Dash Point Road, Public Works has always required frontage
improvements with plats. This is standard code requirement. There is a mechanism for
amending frontage requirements, and this decision is made at the staff level.
Saraday Long, Public Works Traffic Division, stated there is a code process that allows sidewalk
requirements to be modi�ed. There are four criteria for this modification. Because of the size of
the plat, the city expects the sidewalks will be used, especially by students. There is potential for
a school bus stop to be added along Dash Point Road. T'he proposed access point to the
preliminary plat is 400ft away (the required spacing is 250ft) from the Hoyt Street intersection.
The proposed separation is suffcient to provide for safe traffc movement. The city requested an
intersection analysis for the site, and the applicant provided one in the proposal. In regard to cars
slipping onto Mr. Zaffino's property, he noted that the grade of the road should not be changed.
Additionally, the internal road will not be long enough for cars to reach great speeds.
Applicant Rebuttal
Craig Deaver testified that the internal roadway grade is 15 percent. The road will flatten out
into a vertical curb as it comes into SW Dash Point Road. There will be a stop sign at the bottom
of the hill, and the speed limit will be 25mph. Additionally, there is a 30ft flat-area transition
before entering SW Dash Point Road. The roadway cross-section of Dash Point Road includes
two 11-ft turn lanes with a center turn lane, thus there is a considerable amount of hard-surface
(PA0768757:DOC;1\i3041.900000\ }
Preliminary Plat Recommendation p. 4 Findings, Conclusions and Recommendation
distance before crossing the street and entering into Mr. Zaffino's property. In regard to tracts F,
G, and H, the Homeowners Association will be maintaining all three tracts, thus one large tract
makes more sense. It is an issue because of corner-staking, maintenance and operation for the
HOA, and developer driven concerns. In regard to the internal street trees, Mr. Deaver has
worked on previous projects where the street trees were part of the bonding process. In these
past projects, homeowners have argued against the installation of the trees. The process would
be simpler if the street trees were installed during the home development portion of the project.
The applicant is not opposed to planting the street trees; however, there is concern over the
timing of the planting. In regard to storm drainage concerns, a geotechnical engineer has
analyzed the soil to create an appropriate inf Itration plan. The property has a type-A, coarse
sand soil which has a high-infiltration rate, thus the only water that will go past the infiltration
pond is the water that will be used to hydrate the wetlands in the west.
. . � .
��te..t;�..� ..r�t r�� . ,
,. . . .
� . � .
EXHIBITS
All exhibits identified at p. 14-15 of the January 30, 2013 staff report were admitted into the
record during the hearing, in addition to the staff report itself. In addition, the following exhibits
were also admitted:
Exhibit 15 Corrections and friendly amendments to the staff report
Exhibit 16 Staff Powerpoint Presentation
FINDINGS OF FACT
Procedural:
1. Applicant . Westbrook Investment LLG
2. Hearin�. The Hearing Examiner conducted a hearing on the application at 2:00 p.m. at
Federal Way City Hall on January 30, 2013. Due to the fact that some required notices for the
hearing were not mailed out within the time limits required by City code, the hearing was
continued to February 27, 2013 and completed on that date
Substantive:
3. Site/Proposal Description. The applicant proposes to subdivide two vacant parcels
totaling approximately 9.01 acres into 21 separate lots. The site is generally located along the
south side of SW Dash Point road at approximately the 4400 block. The site also abuts the
western boundary of the Twin Lakes subdivision (Exhibit 2, Vicinity Map). The proposed
Soundview Manor lots range in size from 9,603 square feet to 15,327 square feet for single-
family use. Total open space provided as shown in the preliminary plat site plan is
approximately 129,678 square feet, or 33 %.
{PA0768757.DOC;IU3041.900000\ }
Preliminary Plat Recommendation p. 5 Findings, Conclusions and Recommendation
Access to the site will be via SW Dash Point Road adjacent to the north side of the site. An
interior cul de sac road, "Soundview Drive," will be located at the approximate mid-point along
the SW Dash Point Road frontage. Sidewalks will be provided along all street frontages.
Specifcally, interior full street improvements include five-foot wide sidewalks on both sides of
all streets, and eight- foot sidewalks on the project frontage along SW Dash Point Road. A ten
foot landscaping strip will be placed along SW Dash Point Road.
The site is generally comprised of a northwest facing slope, which descends approximately 95
feet from the southern to the northern property line over a horizontal distance of approximately
600 feet. The site is moderately to heavily vegetated with medium to large diameter evergreen
and deciduous trees, with an undergrowth of ferns and mixed brush, except for the overgrown
dirt road in the center of the site.
4. Characteristics of the Area. The property is situated generally in the west-central
portion of the city. The site is located along SW Dash Point Road, at approximately the 4400
block. The subject site abuts the Twin Lakes subdivision to the east. The site also abuts Federal
Way School District property (Twin Lakes Elementary) to the south.
5. Adverse Impacts. No significant adverse impacts are associated with the proposal. The
project has undergone SEPA review and was issued a mitigated determination of
nonsignificance. As noted in the introduction, the project has been subject to extensive adverse
public comment, but this opposition was almost entirely based upon the creation of a road
connection into the Twin Lakes subdivision and this connection has since been removed. The
staff in their analysis of the project identified no significant adverse impacts and none were
discernable from the record. The city's critical areas maps depict the northern portion of the
subject site as having steep slopes and soils that are considered erosion hazards. These
geological hazards have been fully assessed in a geotechnical report and the recommendations of
that report have been made a condition of approval. A Class II wetland is located on an
adjoining parcel to the west and part of the �1�00 foot buffer to this wetland extends onto the
subject property. The proposed subdivision has designated a tract to accommodate the buffer
and no wetland encroachment is proposed. The applicant has indicated that in order to maintain
wetland hydrology to the existing wetland and drainage corridor (stream), storm drainage runoff
from the back and side yards of lots 14- 21, and a portion of the roof area, will be allowed to
sheet flow into the proposed wetland buffer before being collected in the existing wetland.
Comments were received and the staff report acknowledged that an adjoining stream has
experienced severe erosion. As testified by staff during the hearing, the City's stormwater
regulations assure that the proposal will not exacerbate this problem through restrictions that
require the proposal to maintain pre-development flow rates. Concerns were also raised about
parking construction vehicles along 314�' St. because of its steep grade. There is insufficient
evidence to conclude that construction parking along this street would constitute a safety hazard.
In regards to comments from Mr. Smith about cars sliding towards his property from the newly
created access road under icy conditions, the City's engineering staff provided adequate
assurance that the grade of the street levels off sufficiently in conjunction with the low speeds
likely attained by vehicles in this area to prevent any hazardous situation.
{PA0768757.DOC;1\13041.900000\ }
Preliminary Plat Recommendation p. 6 Flndings, Conclusions and Recommendation
A detailed comment letter from Ting-I /Steve Lee noted what he believed to be several technical
problems with the engineering of the proposed subdivision infrastructure. Many of these
concerns were addressed separately in this finding. To the extent that they were not, Mr. Lee did
not present any credentials that would override the conclusions of the City's engineering staff
that the proposal adequately provides for street and stormwater improvements. However, since
Mr. Lee's issues were not expressly addressed by staff during the hearing or in the staff report,
the conditions of approval will require engineering staff to consider his comments and mitigate
accordingly if he raises points that staff have not considered.
6. Adec�uacy of Infrastructure and Public Services. As mitigated by the conditions of
approval, adequate infrastructure will serve development as follows:
• Draina�e: Storm drainage facilities are being designed in accordance with the
2009 KCSWDM and the city's addendum to the manual. The applicant's January
7, 2013, preliminary stormwater Technical Information Report (TIR) (Exhibit 8)
by C.E.S., NW , Inc. was reviewed by the city's Public Works Department for the
purposes of preliminary plat review.
Conservation Flow Control and Enhanced Basic Water Quality treatment are
required for the project, per the 2009 KCSWDM and the City of Federal Way
Addendum to the manual.
Based on a geotechnical study and preliminary infiltration testing done by Earth
Consultants, Inc. in 2006, the applicant is proposing an infiltration pond that will
meet Conservation Flow Control requirements. The pond will be over-sized to
compensate for runoff from the project 's Dash Point Road improvements, which
cannot be cletained onsite due to slope constraints. Prior to infiltration, the
applicant proposes to install a DOE and City approved stormwater filtration
treatment system to provide water quality treatment for the site. A separate DOE
and City approved stormwater filtration system is proposed for Dash Point Road
frontage improvements. In addition, storm drainage from the yards of lots 14-21
will sheet flow into the proposed wetland buffer, helping to maintain the wetland
hydrology of the existing drainage corridor.
• Transportation: The city's Traffic Division reviewed the proposal and determined
all intersections impacted by one or more weekday evening peak hour trips would
meet the city's level of service standards with programmed improvements. A
Capacity Reserve Certificate was issued by the City Traffic Engineer November
17, 2011, and vested 26 PM hour trips to this project.
Proportionate share traffic system impacts will be mitigated through the City
traffic impact fee program (FWRC Chapter 19.91). The fee will be calculated
based on the fee rate in effect at the time of plat recording. The fee shall be paid at
plat recording. The impact fee may be deferred, but shall be paid no later than the
closing of sale of each individual house. Covenants prepared by the city to
enforce payment of the deferred fees shall be recorded at the applicant's expense
{PA0768757.DOC;1\13041.9000001 }
Preliminary Plat Recommendation p. 7 Findings, Conclusions and Recommendation
on each lot at the time of plat recording for residential land divisions and prior to
building permit issuance for un-platted single-family residential lots.
Per FWRC 19.135.040, the applicant is required to provide improvements to SW
Dash Point Road in accordance with the adopted street section type "M" from the
Federal Way Comprehensive Plan (FWCP). As shown on the civil sheets, the
applicant will provide an extension of the asphalt roadway with vertical curb and
gutter, six- foot planter strips with street trees, eight-foot sidewalk, and
streetlights. An 11-foot right-of- way dedication will be necessary to meet the
adopted street section standard. Such dedication is authorized by FWRC
19.135.040 and shall be completed prior to Certificate of Occupancy.
Within the plat, "Soundview Drive" will be improved to Local Street Section,
corresponding to a city standard roadway Section "W." The required street
improvements include 28 feet of pavement with vertical curb and gutter, four-foot
planter strips with street trees, five-foot sidewalks, and three-foot utility strips
with streetlights, within a 52- foot wide dedicated right-of-way.
To facilitate meeting the perimeter block standards of FWRC Chapter 18.55.070,
and meet the code standard regarding provision of access for established trails, a
paved pedestrian connection from "Soundview Drive" to SW 3141Street will be
provided by the applicant. The pedestrian corridor will consist of an eight-foot-
wide paved path with two- foot-wide gravel shoulders on the sides; shall be
'located within a tract per the January 17, 2012, modification letter (Exhibit 14);
and will be maintained by the homeowners association . Pedestrian scale lighting
will be provided along the path.
>,
. .. .b . _. ..� _ . . . ., . . ._. . .. . . . .
h.��, 1-.o�n �»r..i�.4,�.�� .,,�r3, tl„—ii:..'
- � .
c'ii'%�t�@'f�iet�:
South King Fire and Rescue has reviewed and accepted the preliminary street
plans as proposed.
• Onen Space: As required by applicable regulations, the project provides adequate
open space.
FWRC Title 18, "Subdivisions," requires dedication of a minimum of 15% of
gross land area for on site for open space, or a fee-in-lieu payment. Pursuant to
FWRC 18.55.060, the applicant has proposed a combination of 129,678 square
feet of conservation open space in Tracts B, E, and G; buffer open space in Tracts
C and D; and usable open space in Tracts F and H. As currently proposed, the
preliminary plat map includes approximately 13.52% usable open space, 1.5%
buffer open space, and approximately 18.01 % in conservation open space in order
to meet the code requirement.
{PA0768757.DOC;1\I3041.900000\ }
Preliminary Plat Recommendation p. 8 Findings, Conclusions and Recommendation
Sewer: The applicant proposes to serve the proposed plat by a public sewer
system managed by Lakehaven Utility District. The March 1, 2007, Certificate of
Sewer Availability (Exhibit 12) indicates the district's capacity to serve the
proposed development through a developer extension agreement between the
applicant and the district.
Water: The applicant proposes to serve the subdivision with a public water
supply and distribution system managed by the Tacoma Water. A January 26,
2007, Certificate of Water Availability (Exhibit 13) indicates Tacoma Water's
capacity to serve the proposed development.
Schools: The applicant prepared a school access narrative that was reviewed by
the Federal Way School District. The site is located in the service areas for Twin
Lakes Elementary, Lakota Middle School, and Decatur High School. Twin Lakes
Elementary students will use the pedestrian corridor to SW 3141Street and walk
along internal roadways in the Twin Lake subdivision to the elementary school, as
outlined in the school access analysis, which meets the minimum requirements for
a safe walking path to the school.
' Lakota Middle School and Decatur High School students would be transported
via school bus. The bus stop location is on Dash Point Road, and the school
', district is concerned that this road crossing location is not always safe. Staff notes
that bus stops are subject to change as student needs increase and roads are
developed. Sidewalks will be extended along Dash Point Road along the project
', frontage. The school district is requiring that lighting highlight this sidewalk area
, for students walking to the intersection of 44th Avenue SW where they will be
' required to cross the road to meet the bus. Since there is no sidewalk on the north
side of Dash Point Road, students will be instructed to wait on the south side on
' the new well-lit sidewalk section and then cross Dash Point Road when the bus
' has stopped.
The collection of school impact fees will mitigate impacts to school service
delivery. The school mitigation fee is collected at building permit issuance for a
residence.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearin� Examiner: FWRC 1835.010 (4) and (5) provide the Examiner with
the authority to conduct a hearing and make a recommendation to the City Council on
preliminary plat applications.
Substantive:
2. Zoning Designation: Single-Family Residential (RS-9600).
(PA0768757.DOC;1\13041.900000\ }
Preliminary Plat Recommendation p. 9 Findings, Conclusions and Recommendation
3. Review Criteria and Application. FWRC 18.35.170(3) governs the criteria for
preliminary plat approval. Those criteria are guoted in italics below and applied to the
application under corresponding Conclusions of Law.
FWCC 18.35.170(3): Decisional Criteria. A Hearing Examiner shall use the following criteria
in reviewing the preliminary plat and may recommend approval of the plat to the City Council if.•
�'a) It is consistent with the comprehensive plan;
4. The application is subject to the adopted 2007 Federal Way Comprehensive Plan
�FWCP), which designates the property as single family -high density. The proposed single-
family land use on the subject property is consistent with the underlying comprehensive plan
designation and is a permitted use.
FWCC 1$.35170(3)(b): �t is consistent with all applicable provisions of the Chapter, including
those adopted by reference from the comprehensive plan:
5. Staff has reviewed the preliminary plat application and determined it to be consistent
v�vith all development standards applicable to preliminary plat review and there is nothing in the
record to reasonably suggest that the proposal has any compliance issues.
�'WCC (18.35.170(3)(c): It is consistent with public health, safety, and welfare.
6. The proposal provides for in-fill development as encouraged by the Growth Management
�ct while as determined in Findings of Fact No. 5 and 6 also creating no significant adverse
impacts and being fully served by adequate infrastructure. Under these circumstances the
proposal is consistent with the public health, safety and welfare.
FWCC 18.35.170(3) (d): It is consistent with the criteria listed in FWRC 18.05.020; and
�. The proposed preliminary plat would promote the purposes identified in FWRC
18.05.020, and the standards and regulations therein, as identified in the staff report, including
effective use of land, promotion of safe and convenient travel on streets, and provision for the
housing needs of the community. As proposed, and with conditions as recommended by city
staff, the preliminary plat application complies with all provisions of the chapter.
FWCC 18.35.170(3) (e): It is consistent with the development standards listed in Chapter 18.55
FWRC, and FWRC 18.60.030 through 18.60.120.
8. Staff has reviewed the preliminary plat application and determined it to be consistent
with all development standards applicable to preliminary plat review and there is nothing in the
record to reasonably suggest that the proposal has any compliance issues.
RECOMMENDATION
The Examiner recommends that the City Council approve the preliminary plat as described in the
staff report of Janet Shull, dated January 30, 2013, subject to the following conditions:
{PA0768757.DOC;1\13041.900000\ }
Preliminary Plat Recommendation p. 10 Findings, Conclusions and Recommendation
l. Prior to proceeding with plat infrastructure construction, the applicant shall
provide a revised landscape plan that includes the following landscaping to be approved
by the city:
a. Arterial buffer landscaping shall be required in Tracts C and D per FWRC
18.60.030.
b. Stormwater detention facility buffer landscaping shall be required in Tract A,
including trees, shrubs, and groundcover, to provide a visual separation between the
public right-of- way and the proposed stormwater facilities. This landscaping shall be
placed in a separate tract that shall be owned and maintained by the homeowners'
association. If cyclone fencing is used around the storm drainage ponds, the fencing shall
be coated black or green.
c. Street trees in right-of-way landscape planter strips per Public Works Department
standards.
d. Indication of inethods to protect significant trees identified for retention in Tracts
B, E, F, and G during plat and home construction in accordance with FWCC Section 22-
1568 requirements.
2. Prior to fnal plat approval, all plat landscaping improvements shall be completed,
inspected, and approved by the Community and Economic Development Department,
unless a financial guarantee is approved by the city for completion of the landscape
improvements.
3. Design and construction of the project shall comply with all requirements and
recommendations of the project geotechnical engineer.
4. Prior to final plat approval, the fnal plat drawing shall dedicate all common open
space in designated wetland buffer and open space tracts to be owned in common and
rnaintained by property owners of the proposed subdivision, and shall prohibit removal or
disturbance of vegetation and landscaping within the tracts, except as necessary for
maintenance or replacement of existing plantings and as approved by the city. A note
shall be included on the final plat map that the open space tract shall not be further
subdivided; may not be developed with any buildings or other structures except as may
be approved by the city for recreational purposes only for the beneft of the homeowners;
and may not be used for financial gain.
5. Prior to final plat approval, appropriate signage shall be installed to denote the
boundary of the designated wetland buffer area: Tract Band open space Tract E.
' 6. Prior to final plat approval, the applicant shall provide a paved trail connecting
' Soundview Drive to the sidewalk on the south side of SW 314th Street. The 8-foot wide
', paved trail with 2- foot gravel shoulders on each side shall be in a dedicated tract to be
owned and maintained by the future homeowners association. The plan for the trail
{PA0768757.DOC;1\13041.900000\ }
Preliminary Plat Recommendation
p. 11 Findings, Conclusions and Recommendation
connection shall be reviewed and approved by the Public Works Department in
conjunction with engineering plan review.
', 7. On the final plat map, Tracts A, C, D, and H shall be revised to provide details of
'', any proposed retaining walls within the these tracts. The retaining walls, if included in
, the plat construction, shall be owned and maintained by the future homeowners'
' association. Due to the proximity to SW Dash Point Road and the potential aesthetic
' impact from large untreated walls, retaining walls visible from SW Dash Point Road shall
' include, but are not limited to, the following design features: horizontal and vertical
', undulation , terracing with a minimum width of six feet between terraces to allow a safe
', area for maintenance; landscape screening; and wall texturing.
', 8. If included in the final engineering design, details for retaining walls and
rockeries on individual lots shall be provided. Retaining walls shall be harmonious with
', the residential use of the site and shall promote residential design themes through such
', means as terracing, orientation, natural material selection, use of vegetation screening,
' and textural treatment to be designed by the applicant and approved by the Community
' and Economic Development Department.
9. If it hasn't done so already, city engineering staff shall review the comment letter
from Ting-I Steve Lee, dated May 19, 2008, Ex. 4, to ensure that his concerns have been
adequately addressed and do not reveal any issues of noncompliance with City
development standards. City engineering staff may require further design modifications
and conditions as necessary to satisfy City standards.
Dated this 13th day of March, 2013.
{PA0768757.DOC;1\13041.900000\ }
Preliminary Plat Recommendation
P�� �1.. A�.b�la�
. . ...._ .... . .. .. ........ �...�...�.._�_ ._..�, .� .__,.__�
Hearmg Examiner
City of Federal Way
p. 12 Findings, Conclusions and Recommendation