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LUTC PKT 11-02-1998 City of Federal Way Citv Council Land lJserrransportation Committee N()v~mber 2, 1998 5:30 pm City Hall Council Chambers MEETING AGENDA I. CALL TO ORDER 2. APPROVAL OF MINUTES 3. PUBLIC COMMENT (3 minutes) 4. COMMISSION COMMENT 5. BUSINESS ITEMS A. Revised Comprehensive Plan Action Clark/30.min B. Residential Capacity of P AA Information ClarkilO min c. Countywide Planning Policies ActIon. Clark/5 min D. Blackbeny Hill Final Plat ActlOn Barker/ I 0 mill E South 340th RSF Final Acceptance Action Prattl5 min 6. FUTURE MEETING AGENDA ITEMS SWManagementiDept of Ecology Ordinance & Manual Package Open Cut of ROW vs Boring Weyerhaeuser Request to ModifY Endangered Species Act Update RTA Process Non Residential Design Guidelines Adult Entertainment Regulations Federal Way Truck Route Ordinance Street Sweepting Contract City of Tacoma Hoyt/34Oth Interlocal 7. ADJOURN Committee lv/embers: Phil Watkins, Chair .Ieanne Burbidge lv/my Gates City Staff: Greg "~1oore, Director, Community Developmenc Selvices Sandy Lyle, Administrative Assistant 253.661.4116 I:\LU-TRANS\NOV2LUT.AGN City of Federal Way City Council Land Use/Transportation Committee October 26. 1998 5:30pm City Hall Council Chambers SUMMARY In attendance: Committee members Phil Watkins (Chair), Mary Gates and Jeanne Burbidge; Council Member Linda Kochmar; Deputy Director of Community Development Services Kathy McClung; Assistant City Attorney Bob Sterbank; Traffic Engineer Rick Perez; Administrative Assistant Sandy Lyle. 1. CALL TO ORDER The meeting was called to order at 5:30pm by Chairman Phil Watkins. 2. APPROVAL OF MINUTES The minutes of the October 19, 1998, meeting were approved as presented. 3. PUBLIC COMMENT Mike Krautkramer, hydrogeologist with Lakehaven since 1980 and whose specialty is aquifer recharge areas, spoke about the importance of protecting all aquifers, not just those in the low lands. He presented a map showing rates of water absorption in the City of Federal Way. He commented about routing stormwater to places where soils have an increased absorption capability and invited any interested person to contact him at any time. Mr. Donald Barovic spoke to the Committee about his concerns about the down zoning of his property numerous times and the loss of a commercial designation on 100' of his property. He was invited to return to the November 2, 1998, meeting to correct an inaccuracy in the zoning map. 4. COMMISSION COMMENT There was no additional comment from any of the City Commissions. 5. BUSINESS ITEMS A. Shorelines Code Amendment - The Committee reviewed the Shorelines Code Amendment. The Committee reviewed setbacks and requested the City Attorney to research City liability if property damage occurs due to storms when permits are issued by the City. The Committee asked staff to confirm that shoreline non-conforming langage would not conflict with zoning code. The Committee especially liked the section regarding aquaculture. It was noted that Weyerhaeuser had withdrawn it's request for a shoreline map change in the North1ake area and further suggested a press release regarding the Council's pending review of the amended Shorelines Code Amendment at the November 17, 1998, Council meeting. B. Code Amendment to Chapter 22 re: Driveway Width for Single Family Residences - The Committee discussed modifications to Division 4, Sections 22.15269 - 22.1540, FWCC, renamed ACCESS MANAGEMENT. Several provisions were added which were not discussed at the October 19, 1998, meeting. The intent of the code amendments was to address driveway apron size when the driveway was unpaved to keep gravel from tracking into the street. Other language housekeeping items were also discussed. The Committee suggested a review of the code correlating pavement and aquifer recharge. An administrative variance procedure has been incorporated into the code. 6. FUTURE MEETINGS A complete package of all changes to the Comprehensive Plan will be reviewed at the November 2, 1998, meeting. 7. ADJOURN The meeting was adjourned at 6:55pm. I: \LU - TRANS\OCI'26LUT. SUM @) King County Department of Transportation 821 Second Avenue Seattle, WA 98104-1598 November 2, 1998 Land Use and Transportation Committee City of Federal Way 33530 1 sl Way South Federal Way, W A 98003 Land Use and Transportation Committee Chairman: The County appreciates the opportunity to review the City of Federal Way draft Comprehensive Plan, as revised October 1998. The purpose of this letter is to notify the City of issues the County has regarding the new Plan. Our understanding is that the deadline for returning comments to the Land Use and Transportation Committee for consideration is Monday morning, November 2. As the revised document was only made available to the County on October 29, the time provided for review and comment has been very limited. The King County Department of Transportation has reviewed the document and has identified the following issues: . Under the High Capacity Transit section, on page VII-23, the second and third paragraphs are revised in part to state: ". . ., The location of the Transit Center should be surrounded by property that has -,- RECEIVED¡5ì'Jtential to redevelop into transit-supportive uses, thus assisting to ensure both COMMUNITY DEVELOPMEffitP~~"W§~fthe Transit Center itself and the economic vitality ofthe City NOV 0 3 1OO8er. Based on these considerations, the Transit Center and any associated capital facilities (such as park-and-ride facilities) should be located as closely as possible to the geographic center ofthe City Center. In no case should the Transit Center be located east of 23rd Avenue South, as the proximity to 1-5 would limit redevelopment to transit-supportive uses." What is the last statement based upon? The County does not agree that a Transit Center located in close proximity to 1-5 would prevent or limit redevelopment to transit-supportive uses. . Requiring the transit center and park-and-ride (P&R) lot be located in the City Center may impact traffic congestion. The Comprehensive Plan should address this issue. . Relocation ofthe existing transit center with supplemental P&R capacity to the City Center will result in additional project costs for right-of-way acquisition and increased MOBILITY FOR THE REGION Land Use and Transportation Committee November 2, 1998 Page Two . transit service to connect split P&R sites. The City needs to recognize and address the need for additional funding. The Comprehensive Plan does not address the need for transit priority systems through the downtown core area such as HaV lanes, transit priority signals, etc. It will be necessary for the City to work with King County and Sound Transit to develop and provide such transit priority systems in order for transit to operate from/through the downtown core area and provide an acceptable level of on-time performance. Under the PedestrianslBicycle Connections section, on page VII-21, CCP25 states: "Establish clear and well marked pedestrian crossings to reach transit facilities and other uses at a maximum spacing of 660 feet." . We believe this may be too restrictive for placement of future bus stops. Metro Transit's current Transportation Facility Design Guidelines call for bus stops to be spaced no closer than 500 feet, and for stops to be staggered every second or third block where city blocks are shorter. We would prefer a specified range to allow flexibility in the placement of bus stops. . Map VII-3 identifies the potential location of the new transit facility on 20th Avenue S. but Maps VII -6 and VII - 7 identify the potential location as 18th Avenue S. The maps should be consistent. . Map VII-5 shows 25th Avenue S. as an existing street that connects to 22nd Avenue S.; it should be noted that the portion of 25th Avenue S., south ofS. 320th Street to the P&R lot, is a transit only roadway. . Under the Parking section, Goals and Policies, page VII-27, CCP41 states: "Encourage public and private parking structures (below and above ground) in the core area. . . " However, CCG20 states "Reduce demand for parking in the City Center." These appear to be conflicting goals and policies. The County has great concern for the proposed policy that dictates the siting of a high-capacity multi-modal facility prior to completion ofthe technical analysis, which is currently in progress. The County is concerned that the alternatives being evaluated in the delineated area may significantly impact the operations of the Federal Way P&R facility. Several issues must be considered in making a decision: . The existing lot is already over capacity. . Sound Transit has stated that it's funding is insufficient to co-locate all park-and-ride capacity and a transit center in one location. Land Use and Transportation Committee November 2, 1998 Page Three . The rerouting and splitting of service at two locations will result in inconvenience to customers. Splitting of service between two facilities would result in under-utilization of the T -ramp connections to the HOV lanes, since peak commuter routes serving the existing Federal Way P&R lot would not use the T-ramps under most of the alternatives. Federal Way and King County customers are requesting additional capacity. The new multi-modal facility will be in addition to the existing lot. . . . The timing of a proposed high-capacity multi-modal facility is also of concern. Sound Transit's P&R expansion project is scheduled for completion in 2001, rail is not expected until 2010, if approved. Transportation needs and direction can change significantly during that time. The decision regarding extending Light Rail to Federal Way is fully dependent on a second vote, currently scheduled for 2006. The County understands City of Federal Way concerns that a new multi-modal facility be located such that it will help improve the economic viability of the new downtown core development. In addition, that it be compatible with the City's Land Use Codes and Comprehensive Plan. However, economic development is only one of many criteria that need to be met in siting a transit facility. The siting of such a facility prior to completing alternatives analysis, identifying the demand for new capacity and determining efficient regional transit operations should be carefully considered before a final decision on siting is made. Again, we appreciate the opportunity to express our concerns, and trust that our issues and comments will be given every consideration. 7:Jt~~ Paul A. Toliver Director, Department of Transportation (DOT) cc: Jim Jacobson, Manager, Transit Service Development (DOT) Roy Francis, Manager, Transportation Planning (DOT) Gary Molyneaux, Manager, Planning & Program Development (DOT) Fred Chou, Project Manager, Sound Transit , Puget Sound Regional Council ~ I ----- Puget Sound Regional Council . Stephanie Beckman Assistant Planner 1011 Western Avenue, Suite 500. Seattle, WA 98104-1035 (206) 464-7549. FAX (206) 587-4825 . sbeckman@psrc.org October 28, 1998 Gregory D. Moore, AICP Director of Community Development Services City of Federal Way 33530 151 Way South Federal Way, Washington 98003-6210 Re: Review of proposed amendments to the City of Federal Way Comprehensive Plan Dear Mr. Moore: Thank you for the opportunity to review the proposed 1998 amendments to the 'City of Federal Way Comprehensive Plan. The city has done an excellent job of updating its plan, both addressing Growth Management Act requirements and adding more detailed direction regarding the future growth and development of Federal Way. We would like to offer the following suggestions for your consideration as you craft the final amendments to your plan. The transportation level-of-service methodology is somewhat difficult to follow as described in the proposed amendments. Two level-of-service standards, the "planning level" and "operational analysis" are described, but when and how these standards will be applied is not fully evident. The operational analysis is described as a second step to the planning level analysis and as a method to detennine development impact, but it is not clear if these are separate analyses or if new development alone will trigger the more rigorous analysis. This could be clarified by noting which standard, planning or operational, was used to determine the current and future deficiencies described. Furthermore, if the city intends to apply the operational standard as a second step in evaluating its improvement program and to measure impacts of development as it occurs, this should be explicitly stated. In addition, the operational standard itself should also be explained more thoroughly. It is not clear how the standard of delay described in the text relates. to that shown in Table ill-6 or what is meant by a "120-second cycle" at signalized intersections. The Transportation Improvement Program (TIP) for the periods 1998-2004 and 2005-2015 shows needs but does not show how these needs will be funded. The city notes that its TIP has been funded through 2000 and discusses transportation funding sources, including previous amo~nts re~eive~. However, t? fulfill the Growth Manag~ment Act req~e~~~~~14.0. ~ a multIyear fInancIng plan, the CIty must at least show how It expe't.tJ~~~,fM1W~~~~~~Ni' for the next six years. . OCT 3 0 1998 ,..8 1011 Western Avenue, Suite 500 . Seattle, Washington 98104-1035 . (206) 464-7090 . FAX 587-4825 @ Gregory Moore October 28, 1998 Page 2 The city proposes removal of City Center policy CCP41, which calls for a reduction of parking requirements in the City Center to encourage more intensive use of the land and reflect improvements in transit service. We encourage you to retain this concept in your comprehensive plan. If the city has found that the development market and current transit service does not justify a reduction in parking requirements at this time, the policy could be designated for implementation over time. In addition to the amendments proposed, the city may want to consider adding a discussion of impacts on the transportation systems of adjacent jurisdictions as required by the Growth Management Act. Map ill-I shows travel patterns from residential areas in Federal Way to other jurisdictions. The city also proposes sharing impact fees with impacted jurisdictions, but there is no explicit discussion of what these are or how they will be assessed. Again, thank you forthe opportunity to review and comment on your amendments. When finalized, the transportation-related amendments will be reviewed again for the purposes of certification by the Regional Council. Please feel free to call (206-464-7549) or email (sbeckman @psrc.org) me if you have any questions or concerns about our comments. Sincerely, ~ ~ ,I:t::. BeckIrum . Assistant Planner cc: Margaret Clark, Senior Plap.ner, City of Federal Way ~ :7: Washington State ~ /I Department of Transportation Sid Morrison Secretary of Tóansportation Office of Urban Mobility 401 Second Avenue South, Suite 300 Seattle, WA 98104-2887 (206) 464-5878 Fax (206) 464-6084 October 21, 1998 Gregory Moore, AICP City of Federal Way 33530 1st Way South Federal Way, W A 98003 Ref: Federal Way Comprehensive Plan Dear Mr. Moore: WSDOT appreciates the opportunity to review the City of Federal Way's Comprehensive Plan. We would like to offer specific comments on the following points: 1) page 111-49 - Table 111-7 - Major Street and Roadway Improvements Item number 12 in this Table indicates that WSDOT has determined that collector distributor lanes along 1-5 between the SR 18 interchange and the SR 161 Undercrossing is the identified solution to the operational problems which exist through this section on-5. While WSDOT recognizes there are operational problems in this general area, a proposed solution to the problem has not yet been determined. The State Highway System Plan (SHSP) is the guiding document for state highway improvements over the next 20 years. The SHSP indicates that this area needs to be studied in some detail before a recommended solution can be determined. At this time WSDOT is unable to state with any degree of certainty that CD lanes with supporting ramp connections at SR 161 is the preferred solution to the operational problems experinced in this vicinity. 2) Page III-52 - SR 509 - The Tier 1 EIS for the SR 509 South Extension Project has selected Alternative C as the preliminary preferred alternative. This particular alternative will interchange with 1-5 at S. 210th Street. Capacity improvements to 1-5 south of 21 Oth Street are also part of this alternative. 3) page 111-89, Section 3.6 - High-Occupancy Vehicle Facilities The meaning of the first sentence is unclear. WSDOT has identified current and future HOV lanes on 1-5,1-405 and SR 167, SR 520, and SR 16 as the Core HOV System. The Washington State Transportation Commission has endorsed this system and has committed to fully fund the construction ofthe Core HOV System. However, WSDOT has also identified other regional arterials for the addition ofHOV lanes that are not included in the Core Hav System (many segments ofSR 99, for example). WSDOT's Puget Sound HOV Pre-Design Studies was completed in 1997. Many of the recommended direct access locations identified in the Pre-Design Studies will be funded by the Sound Transit Phase 1 Plan. Sound Transit is currently the lead agency, with input from WSDOT and local jurisdictions, for finalizing the locations of the Direct Access connections. Mr. Gregory Moore October 12, 1998 Page 2 4) page 111-90, ¡Sl paragraph - WSDOT did not open the Office of Urban Mobility (GUM) because of the recognized importance ofHOV lanes in serving transit. Rather, OUM was created to coordinate long range and emerging transportation planning issues between WSDOT, the Puget Sound Regional Council, and it's member jurisdicitons. 5) As a general cornment, the Regional Transit Authority (RTA) is now referred to as Sound Transit. 6) page VII-14 Automobile Circulation - WSDOT applauds you for identifying the need to modify land use regulations to allow for higher residential and residentially oriented retail and service use densities. Density, however, may not be enough. Land use impacts on modal choice are more effective when densities are combined with design and diversity. Higher density developments with pedestrian and transit oriented site design which incorporate of mix or diversity of uses are the key elements needed to create an inviting environment for pedestrian and non-motorized travel. WSDOT's encourages the addition of language which reflects the need for pedestrian/transit oriented site design and a mix of land use. Thank you for providing us with the opportunity to comment on this document. I may be reached at (206) 464-5420 should you wish to discuss these comments further. ~cer, ~~~~ CHRIS R. PICARD System Planning Manager Office of Urban Mobility cc: Renee Montgelas, GUM Craig Stone, GUM Miguel Gavino, DUM Mark Sinden, NW Region Bill Wiebe, Olympia Service Center Holly Gadbaw, DCTED Dayfile/Comp. Plan File CITY OF FEDERAL WAY MEMORANDUM November 2, 1998 FROM: Land Use/Transportation Committee (LUTC) Gregory D. Moore, AICP, Director of Community Development Services ~ Margaret H. Clark, AICP, Senior Planner ~ TO: SUBJECT: Reallocation of Household Growth Target from Potential Annexation Area to City I. BACKGROUND At the October 19, 1998 meeting, the Land Use Transportation Committee (LUTC) requested that they be provided an update on how growth targets were being reallocated to the city based on recent annexations. The requirement for establishing household targets comes from the Growth Management Act (GMA) which requires a countywide strategy in planning for future growth. II. AUTHORITY FOR PLANNING IN THE POTENTIAL ANNEXATION AREA (PAA) Specifically RCW 36. 70A.21 0, Countywide Planning Policies requires counties to adopt county- wide planning policies in cooperation with the cities located within the county. The county-wide planning policies are required to address policies for joint county and city planning within Urban Growth Areas (UGA). Federal Way's Urban Growth Area (UGA) is its Potential Annexation Area (P AA). Countywide Planning Policies LU-66 and 67 require all jurisdictions to establish 20 year household targets in their comprehensive plans. The Growth Management Planning Council (GMPC) adopted the target number of net new households to be accommodated by King County by the Year 2012 as 195,000 new households. The cities portion was 150,803 new households and unincorporated King County's portion was 44,897 (Exhibit A). Of the cities' portion of 150,803 households, the City of Federal Way's 20-year target is 13,425 to 16,566 new households by the Year 2012. This number is only for the City limits as it existed in 1994. The 1994 King County Comprehensive Plan then broke down the Urban Growth Area 20 Year targets (34,200 to 41,800) between the various Community Planning Areas. The Federal Way Planning Area received a target of3,300 to 4,200 new households to be accommodated by the Year 2012 (Exhibit B). As can be seen in Exhibit C, the Federal Way Planning Area includes a larger area than the P AA. 1 III. REASON FOR REALLOCATION OF HOUSEHOLD TARGETS Since the 20 year household targets were allocated, there have been a number of incorporations of new cities, and annexations by existing cities. However, as these incorporations and annexations took place, households were not being reallocated from unincorporated King County to the cities. Therefore, unincorporated King County was left with the same housing target that was established in 1994 while the amount of land available to meet this target had decreased. In addition, some cities, namely Seattle, Auburn, and Issaquah did not want to finalize their P AA boundaries until they knew how many new households they would be required to accept in their P AA' s. Also the issue of joint planning in the P AA' s was raised by Regional Finance and Governance. As a result, in early 1998, the GMPC asked the Urban Centers/Population Allocation Committee to look at reallocation of household targets. This committee was the same committee that was originally involved in allocating household targets in 1994. The Committee started meeting to discuss various methodologies of reallocating targets. Federal Way staff participated in these discussions. IV. METHODOLOGY USED IN REALLOCATING TARGETS The methodology that was decided on was based on amount of land annexed minus the designated parks and mapped water bodies between April 1994 and January 1998. For example, during that time period, there was only one annexation to the City of Federal Way. This was the Weyerhaeuser Annexation east ofI-5 consisting of approximately 700 acres (697 acres with the substraction of designated parks and mapped water bodies). The total acreage in the Federal Way planning Area is 10,573 acres and the household target for the planning area is 3,750 (the midpoint of the 3,300 - 4,200 range). Based on the Weyerhaeuser Annexation of approximately 700 acres, the following explains how household targets will be reallocated from unincorporated King County to the City of Federal Way. Additional households are equal to: Area Annexed x Total Household Target for Planning Area = 697 x 3,750 = 247 new households Total Area of Planning Area 10,573 This works out to approximately an additional 0.35 household per acre annexed. Using this methodology, the committee also came up with the total n~mber of new households that each jurisdiction would have to accommodate once all remaining land within the PAA's was annexed. 2 This number is 1,723 new households for the City of Federal Way (Exhibit D). The Committee then asked each jurisdiction to truth these figures, i.e., they wanted each city to determine whether the capacity was available in the P AA to accommodate these additional new households. The city has not done any comprehensive planning and zoning for the PAA to date. Therefore, in order to truth this figure, the assumption was made, that when areas were annexed, they would be given the closest Federal Way zoning classification to the existing King County zoning. Capacity was then calculated for both vacant and redevelopable land (Redevelopable land are parcels where building value is less than ~ of the underlying land value) using the same methodology as in the 1995 Comprehensive Plan. The results showed that we had the capacity for approximately 3,376 new households in the PAA which exceeded the 1,723 that we would be required to accept. v. STATUS OF REALLOCATION At their October 28, 1998 meeting, the GMPC approved the reallocation of household targets based on annexations as recommended by the Urban CenterslPopulation Allocation Committee. However, the GMPC requested that the committee go back to them with a range of households from high to low for the newly incorporated cities like it was originally done for all incorporated areas. Exhibits Exhibit 0 Proposed Growth Target Ranges for Households and Employment as adopted by GMPC Page 30 of the 1994 King County Comprehensive Plan Map of Federal Way Planning Area Boundary and Federal Way Potential Annexation Area Chart showing Proposed Household Reallocation Targets Exhibit A Exhibit B Exhibit C I:\COMPAMND\TARGETS.PAAlNovember 2, 1998 3 EXHIBIT. A PAGE-LOF , Proposed Growth Target Ranges for Households and Employment (, Net New Net New Hhld Ran~es Net New Net New Emp. Ranßès em ES Households Low Hi~h Employment Low Hil!h AIgona 404 346 462 350 300 400 Au burn 8,082 6,553 9,610 11,100 9,000 13,200 Beaux Arts 0 0 0 0 0 0 Bellevue 8,575 7,680 9,550 28,250 25,300 31,200 Black Diamond 1,033 947 1,119 1,200 1,100 1,300 Bothell (KC part) 1,931 1,448 2,413 2,900 2,150 3,600 Burien 1,796 1,596 1,995 450 400 . 500 Carnation .404 404 404 0 0 0 Clyde Hill 12 12 12 0 0 0 Des Moines 1,796 1,437 2,155 2,500 2,000 3,000 Duvall 1,886 1,563 1,759 1,700 1,600 1,800 Enumclaw 2,626 2,182 2,667 1,000 900 1,100 Federal Way 14,996 13,425 16,566 14,800 13,300 16,400 Hunts Point 4 4 4 0 0 0 Issaquah 2,694 1,879 3,508 4,300 3,000 5,600 Kent 6,735 6,120 7,500 11,500 10,450 12,550 Kirkland 5,837 5,328 6,346 8,600 7,8oo 9,3oo Lake Forest Park 135 101 168 200 150 250 Medina 17 17 17 O' 0 0 Mercer Island 1,122 1,056 1,188 1,700 1,600 1,8oo Milton 18 18 18 0 0 0 Normandy Park 135 135 135 0 0 0 North Bend 1,527 1,266 1,787 2,050 1,7oo 2,400 Pacific 1,212 606 1,818 100 50 150 Redmond 11,458 9,637 12,760 29,509 29,500 34,750 Renton 8,890 7,730 10,049 23,000 20 ,000 26,000 SeaTac 3,592 3,546 7,500 15,800 15,600 26 , 900 Sea ttle 53,877 48,233 59,520 132,700 118,800 146,600 Skykomish 27 27 27 0 0 0 Snoqualmie 2,784 1,942 3,625 4,500 3,loo 5,820 Tukwila 5,388 4,761 6,014 22,250 19,000 24,000 Woodinville 1,796 1,750 1,842 1,950 1,900 2,000 Yarrow Point 18 18 18 0 0 0 City Totals 150,803 131,768 172,558 322,409 288, 7 oo 370,620 I U ninc. KC 44,897 40 ,048 50,000 25,000 23,300 28,700 II GRAND TOTAL 195,700 171,816 222,558 347,409 312,000 399,320 I ( \ Source: Growth Management Planning Council, May 14,1994. (" by Urban Subarea" Table establishes a breakdown by subarea of the King County new household targets for the Urban Growth Area. (Rural Area growth ta!get ranges are presented in Chapter Three, Rural Land Use.) These subarea household target ranges were developed for transportation modeling purposes to test for the adequacy of transportation facilities. The test establishes whether the facilities are equal to,)ess than or greater than an established level of service, based on the initial recommended household target range derived from the Urban Centers Subcommittee and Interjurisdictional Staff Group. The effect of reducing the unincorporated growth target ranges is that transportation modeling provides a more con- servative estimate of King County's ability to provide infrastructure to support future growth. These household target ranges were allocated based on the share of both vacant and redevelopable acres available to support new development in the subareas as well as the following considerations: . Proximity to centers; . Availability or potential of transit and adequate roads, water and sewer services, and . Analysis of vested development activity. Although they may be refmed through future planning with affected commW1Ìties and adjacent cities, these ranges are intended to be used as a guide for future planning of land uses and decisions on services . and infrastructure. . Household Growth Ranges by Urban Subarea ( 1992 2012 New Household Growth Subarea Households Shoreline Northshore Bear Creek East Sammamish Newcastle Tahoma Raven Heights Soos Creek Federal Way Highline 23,700 22,300 100 10,650 13,900 5,300 30,200 11 ,300 32,600 2,600-3,400 2,600-3,400 2,900-3,900 7,200-8,100 2,600-3,500 3,000-3,800 8,600-9,600 3,300-4,200 1,400-1,900 ./ ¡ - ,,-, U-209 King County shall use population and employment target ranges to implement the Com- prehensive Plan in urban communities. The target ranges allocated to subareas of unin- corporated King County will be monitored and may be refined through future planning that includes communities, affected cities and service providers. 30 EXHIBIT ~ PAGE_LOFd1996 FEDERAL WAY PLANNING AREA BOUNDARY }:;\ ....- PLANNING AREA BOUNDARY POTENTIAL ANNEXATION AREA BOUNDARY <!J "._~;;;::::::-.@ \ '-... _,,0 SOU pl!GE' 'I I I , >~. "'\ Federal Way<~~.. Community '\ Plan King County Planning Division AUG-25-1998 11:11 PLANNING & COMM. DEUEL. 5 425 452 7115 P.02 cpp Apendix 2A 08J2119S Column A Column B Column C Column 0 Adopted Household Target Added Through Total City Target GIQWth Target Annexation or Inoorpomtfon Target Remaining (A +B +C) Jurisdiction Law: High: 4194 to 1198 inP~ Lt>w: H'¡gh: Algono 346 462 0 16 36Z 476 Auburn 6553 9610 2. 197t.1 8533 11590 Beaux Arts 0 0 0 0 0 0 Bellevue 7680 9550 110 531 8321 10191 Black DIamond 947 1119 299 299 1545 1717 BotheD 1448 2413 20 293 1761 2726 Burlen 1596 1995 0 0 1596 1995 Cametion 404 404 0 0 404 404 ClydeHiØ 12 12. 0 0 12 12 Covington nla nla 1444 0 1444 1444 Cas Moines 1437 2165 356 71 1864 2582 Duvall 1563 1759 0 0 1563 1759 Enumclaw 2.182 2667 0 0 2182 2667 Federal Way 13425 16566 247 1723 15395 18536 Hunts Point 4 4 0 0 4 4 Issaquah 1879 3508 678 4654 7211 8840 Kenmore 0 0 1224 0 1224 1224 Kent 6120 7500 ~ 1983 10380 11760 l<irkland 5328 6346 0 1164 8492 7510 Lake Forest Park 101 168 314 125 540 &J7 MapieVa/lGy nla nla 1356 0 1356 1356 Medina 17 17 0 0 17 17 Merœr IG~ 1056 1188 0 0 1OSS 1188 Milton 18 16 10 67 95 95 Newcastle nIB nIB 821 28 849 849 Normandy Park 135 135 0 0 135 135 North Bend 1286 1787 0 0 1266 1787 PacIItc 606 1818 0 72 678 1890 Redmond 9637 12760 327 3164 13128 16251 Renton 7730 10049 84 4820 12634 14953 Se.UkI 4S233 59520 0 33 48266 59553 SðaTac 3546 7500 0 5 3551 7505 ShorelIne nIB nla 2538 125 2563 2663 Skykomlsh 27 27 0 0 Zl 27 Snoqualmle 1942 3825 0 0 1942 3625 Tukwila 4761 6014 0 31 4792 6045 WooãU1YlUe 1750 1842 1 0 1751 1843 Yarrow Point 18 18 0 0 18 16 City Total: 131767 172556 12108 20511'" 164n6 205176 Unincorporated County Total: 40048 50000 0 5351* 7429 17381 Total Target: 171816 222556 12108 0 171315 222556 COlumn A represents adopted household targets In the Countywide Planning Pond8$.. Column B \'QpI'eSents household targets associated with annexed or Incorporated areas between 4194 end 1198. Column C represents household targets associated with potential annexation areas. Column D represents Slrn of adopted household targets. annexedJ\nc:orporated targets, and targets In potential annexation areas. A Due to overIaPP"'o PMs, some duplication OCcUrs in PM targets. This total eliminates duplicate targets. * Represents areas of King County not covered by potential annexation Bre8S. EXH I BIT --J) PAGE-LOF J TOTAL P. 02 MEMO Subject: Date: Land Use Transportation Committee (LUTC) Gregory D. Moore, AICP, Director of Community Development Services ~ Margaret H. Clark, AICP, Senior Planner Amendments to King County Countywide Planning Policies October 29,1998 To: From: I. BACKGROUND The city has received a request from King County to review and ratify an amendment to the King County 2012 Countywide Planning Policies (KCCPP's) (Exhibit A). Generally, the amendments include the following: 1. Amend the Urban Growth Area (UGA) by classifying 1,346 acres of the unincorporated portions of Cougar Mountain Regional Wildland Park and Coal Creek Park from Urban to Rural (Exhibit B). 2. Amend Countywide Planning Policy CO-14 to allow sewer service for public facilities in Cougar Mountain Regional Wildland Park. II. HISTORY May 27, 1998 Growth Management Planning Council (GMPC) adopted Motion 98-3 (Exhibit C) which recommends these amendments Sept 7, 1998 Per Ordinance No. 13260 (Exhibit D), the King County Council approved and ratified this amendment on behalf of the population of unincorporated King County Dec 6, 1998 Federal Way will have been deemed to have ratified the amendment unless the amendment is disapproved by legislative action III. DISCUSSION This amendment was initiated by the cities of Bellevue, Issaquah, and Newcastle who requested a change in the UGA to exclude the unincorporated portions of Cougar Mountain Regional Wildland Park and Coal Creek Park from the UGA (See attached King County Council Staff Report -- Exhibit E). Land Use Transportation Committee Page 2 October 29, 1998 1. Cou2ar Mountain Re2ional Wildland Park The UGA currently bisects Cougar Mountain Regional Wildland Park, resulting in half of the park being designated as Urban and the other half being designated as Rural. County policy dictates that any areas designated as Urban must be part of the adjacent jurisdiction's potential annexation area (PAA). The policy decision to designate a portion of Cougar Mountain Regional Wildland Park as Urban was originally made to permit the extension of a sewer line into the future Park Visitor Center. Since then, Policy F-313 ofthe King County Comprehensive plan has been amended to allow tightlined public sewers to be extended outside of the UGA to serve public facilities. As a result, there is no longer a need for any portion of Cougar Mountain Regional Wildland Park to be in the UGA. This amendment would also make a change to Countywide Planning Policy CO-14 to specifically allow sewer expansion to serve Cougar Mountain Regional Wildland Park. 2. Coal Creek Park Coal Creek Park is presently designated Urban. Both the cities of Bellevue and Newcastle have included Coal Creek Park in their P AA. However, this park is clearly rural in nature, and based on information received from King County staff, neither Bellevue nor Newcastle is interested in annexing it. The amendment to exclude Coal Creek Park from the UGA and changing its designation from Urban to Rural would result in additional rural policies to protect the park. IV. RECOMMENDATION The proposed amendment does not directly affect the City of Federal Way and complies with the intent of the Growth Management Act. Staff recommends that the LUTC forward a recommendation of approval to the full city council and vote to ratify the proposed amendment to the KCCPP's. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E September 21, 1998 Correspondence from King County Map Showing Proposed Change to the UGA GMPC Motion No. 98-3 King County Council Ordinance No. 13260 July 29,1998 King County Council Staff Report I:\KCWPPS\1 02998.LUCIOctober 29, 1998 @ King County September 21, 1998 RëCë/VëD SEP 2 CITy CL r- - 5 1998 c/7Y OF ?HKS OFF! £D£RAL IAyE r-v'AY The Honorable Ron Gintz Mayor, City of Federal Way 33530-1st Way South Federal Way, W1\ 98003-6210 Dear Mayor Gintz: Weare pleased to forward for your consideration and ratification the enclosed amendment to the King County 2012 Countywide Planning Policies. The Growth Management Planning Council (GMPC) met on May 27, 1998 and approved Motion 98-3 which recommends an amendment to the Urban Growth Area by reclassifying 1,346 acres of the unincorporated portions of Cougar Mountain Regional Wildland Park and Coal Creek Park frorn urban to rural. The motion also recommends an arnendment to Countywide Planning Policy CO-14 to allow sewer service for public facilities in Cougar Mountain Regional Wildland Park. On September 7th, the King County Council approved and ratified this amendment on behalf of the population of unincorporated King County. 1\ copy of King County Ordinance 13260 is enclosed to assist you in your review of this amendment, along with a council staff report. As you know, amendments to the Countywide Planning Policies become effective when ratified by ordinance or resolution by at least 30 percent of the city and county governments representing 70 percent of the population of King County according to the Interlocal agreement. A city will be deemed to have ratified the Countywide Planning Policy unless, within 90 days of adoption by King County, the city by legislative action disapproves the Countywide Planning Policy. Please be aware that the 90-day deadline in this instance is December 6, 1998. If you have any questions about this amendment or the ratification process, please feel free to contact Kamuron Gurol, Senior Policy Analyst for the Office of Budget and Strategic Planning, at (206) 205-0705, or Laurie Smith, Legislative Analyst, for the Metropolitan King County Council, at (206) 296-0352. EXHIBIT.Â PAG E-L OF 2 The Honorable Ron Gintz September 21, 1998 Page 2 If you adopt any legislation relative to this action, please submit one certified copy to Kamuron Gurol, Senior Policy Analyst with the King County Office of Budget and Strategic Planning, 516 3rd Avenue, Room 420, Seattle, WA 98104 by close of business, December 31, 1998. Ifno action is taken, please submit a letter to the above address stating the same. Thank you for your prompt attention to this matter. Louise Miller, Chair King County Council Enclosure: King County Ordinance 13260 with attachments. cc: Laurie Smith, Legislative Analyst, Metropolitan King County Council Ethan Raup, Director, Office of Regional Policy and Planning Kamuron Gurol, Policy Analyst, Office of Budget and Strategic Planning EXHIBIT A PAGE~OF 2 ,,- - - - existing urban '\ '\ tì growth bou-nda~ ~~<r' .", ~, .,1:. .r -< ~'",,; ~. - ":0. n Is-< . ---- ~~6j..,...t:.:'n"';;""'~ .' . ~ -'j,-. 0 ~ L ,-i.. :. . t: as L-Rinr6 ns~ . .1,,! . - IF ~ i . --.J .~-~ :~ :.; . - ~~ --~:: =-= -.~:-~. i~-I,. ~rwaod~ '~=_i ~--.~ ~-,-'-- ~ ~;~',-:_'~:-j-- ";,'~: .' 13260~ 1qqR l Jrh;::1 ('1 " "' (¡"."" 0 ~ :Jrr"r~~C:-: -~ ~nl 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 . 22 23 24 25 26 27 28 29 30 31 32 .,., .J.J 04/22/98 EXHIBfnr C PAGE"_~"l_..,,OF Z ---- 13260 Sponsored By: Suburban City Caucus em/ro '. MOTION NO. 98-3 A MOTION by the Growth Management Planning Council ofK.ing County amending the Urban Growth Area to exclude unincorporated portions of Cougar Mountain Regional Wildland Park, Coal Creek [County] Park, and county- owned land. WHEREAS, the Washington State Growth Management Act, RCW 36.70AllO requires counties to designate an urban growth area or areas within which urban growth shall be - encouraged and outside of which growth can occur only if it is not urban in nature; and WHEREAS, the Countywide Planning Policies, adopted in 1992 and amended in 1994, designate urban growth areas and further permit the designation of additional rural areas - through the adoption of a land use map authorized by the Growth Management Planning Council; and WHEREAS, the cities of Bellevue, Issaquah, and Newcastle, along with King County, petitioned the Growth Management Planning Council to amend the Urban Growth Area, designating as rural 1,346 acres of the unincorporated portions of Cougar Mountain Régional Wildland Park, Coal Creek [County] Park and certain county-owned land in order to truly reflect long term use and community desires for the two parks' role in the region's park system; and .'. .. WHEREAS, a rural designation of these areas meets two Countywide Planning Policies criteria for additional rural lands designation, namely, LV-23(b) the rural designation . serves as a buffer for designated resource lands or sensitive areas, and LV-23(t) the area has outstanding scenic, historic, and/or aesthetic value that can best be protected by rural land uses and densities; and WHEREAS, it is the intent of this motion to not increase the allocation of the acreage of rural lands included in either the 4: 1 program as specified in Countywide Planning Policy FW-l (step 7) or technical changes as specified in policy FW-l (step 8c); and LIgmpci98gmpci mot98 - 3 .doc - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 . 33 34 35 36 37 38 39 40 41 42 43 EXHI8~]k'- C. PAGE~OF 2. 13260 ~ WHEREAS, the cities and King County intend a sewer line to service the future Visitor Center envi.sioned by the Cougår Mountain Regional Wildland Park Master Plan, such line being appropriate under general policies guiding contiguous and orderly development for maximum cost-effective service provisions and extensions. THE GROWTH MANAGEMENT PLANNING COUNCIL OF KING COUNTY HEREBY MOVES AS FOLLOWS: 1) Amend the Urban Growth Area to exclude 1,346 acres of the unincorporated portions of Cougar Mountain Regional Wildland Park, Coal Creek [County] Park, and county-owned land, as shown on Attachment 1. 2) Arnend Countywide Planning Policy CO-14 to read: Sewer expansion shall not occur in Rural Areas and resource lands except where needed to address specific health and safety problems threatening structures pennitted before July 1, 1992 or the needs of public facilities such as schools and Cougar Mountain Regional Wildland Park. Sewers may be extended o~ly if they are tightlined and only after a finding is made that no alternative technologies are feasible. Mechanisms to reduce cost and limit the number of individual hookups shall be explored and actions recommended to the Growth Management Planning Council. ADOPTED by the Growth Management Planning Council of King County the 27th day of May, 1998 and signed by the members of the GMPCKC Executive Committee in open session in authentication of its ado f 's 15th d of June, 1998. . air, Growth Management Planning Council 2/ L--- . Sue Donaid1on, City of Seattie Representative VI:, l,-J C::j . ~ß Bo Edwards, Suburban Cities Representative thia Sullivan, ing County Representative Attachments: Map of Urban Boundary Line Adjustment L/gmpc/98gmpc!mot98- 3 .doc - 2 - ,¡ 2 3 4 5 6 7 8 9 10 11 12 13 14 . 15 16 17 18 19 20 7/23/98 7/29/98 HPPC EXHIB~T ) PAGE-L_OF -4- Introduced By: Cynthia Sullivan kgllcs Proposed No.: 98-480 1 ORDINANCE NO. 13260 AN ORDINANCE adoptirig an amendment to the Countywide Planning Policies pursuant to RCW 36.70A.210; ratifying the amended Countywide Planning Policies for unincorporated King County; amending Ordinance 10450, Sections 3 and 4, as amended, and K.C.C. 20.10.030 and K.C.C. 20.10.040. , BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. FINDINGS. The council makes the following findings. A. The metropolitan King County council adopted and ratified the GMPC recommended King County 2012 - Countywide Planning Policies (Phase I) in July, 1992, pursuant to Ordinance 10450. B. The metropolitan King County council adopted and ratified the Phase II amendments to the Countywide Planning Policies on August 15, 1994 pursuant to Ordinance 11446. C. The GMPC met on May 27, 1998 and voted to pass an amendment to the King County 2012 - Countywide Planning Policies [5/25/94], Policy CO-14 to allow sewer expansion into Cougar Mountain Regional Wildland Park. D. The GMPC met on May 27, 1998 and voted to amend the urban growth area by reclassifying 1,346 acres of the unincorporated portions of Cougar Mountain Regional Wildland Park and Coal Creek Park, from urban to rural. - 1 - 10 11 12 13 14 15 16 17 18 19 20 21 22 13260 - SECTION 2. Ordinance 10450, Section 3, as amended, and K.c.C. 20.10.030 are 2 each hereby amended to read as follows: ., .) A. The Phase II Amendments to the King County 2012'- Countywide Planning 4 Policies attached to Ordinance 11446 are hereby approved and adopted. 5 B. The Phase II Amendments to the King County 2012 - Countywide Planning 6 Policies are amended, as shown by Attachment 1 to Ordinance 12027. 7 C. The Phase II Amendments to the King County 2012 - Countywide Planning 8 Policies are amended, as shown by Attachment 1 to Ordinance 12421. 9 D. The Phase II Amendments to the King County 2012 - Countywide Planning I Policies are amended, as shown by Attachments 1 arid 2 to this Ordinance. SECTION 3. Ordinance 10450, Section 4, as amended, and K.C.c. 20.10.040-are each hereby amended to read as follows: Ratification for unincorporated King County. A. Countywide Planning Policies adopted by Ordinance 10450 for the purposes specified are hereby 'ratified on behalf of the population of unincorporated King County. B. The amendments to the Countywide Planning Policies adopted by Ordinance 10840 are hereby ratified on behalf of the population of urÜncorporated I<..ing COtl.'1ty. . C. The amendments to the Countywide Plarrning Policies adopted by Ordinance 11061 are hereby ratified on behalf of the population of unincorporated King County. D. The Phase II amendments to the King County 2012 Countywide Planning Policies adopted by Ordinance 11446 are hereby ratified on behalf of the population of unincorporated King County. EXHIBI1J _~~GE aOF1t-- 10 11 12 13 14 15 16 17 J. I 18 19 20 21 22 13260" E. The amendments to the King County 2012 - Countywide Planning Policies, as 2 shown by Attachment 1 to Ordinance 12027 are hereby ratified on behalf of the population 3 of unincorporated King County. 4 F. The amendments to the King County 2012 - Countywide Planning Policies, as 5 shown by Attachment 1 to Ordinance 1242 r, are hereby ratified on behalf of the population 6 of unincorporated King County. 7 8 9 EXHIBrw~-Þ PAGE S.OF ~ - 3 - 10 11 12 13 14 15 16 17 . 18 19 13260- G. The amendments to the King County 2012 - Countywide Planning Policies, as 2 shown by Attachments 1 and 2 to this Ordinance, are hereby ratified on behalf of the 3 population of unincorporated King County. 4 INTRODUCED AND READ for the first time this :¿ 7 !;Z...day of 5 ~ ,1991': PASSED by a vote of ¡Ó - to JL this g ~ day of~ pie In ..6 '-f ~ 19~ 6 7 8 9 KING COUNTY COUNCIL KING COUNTY, WASHINGTON c~ 'Ilea Chair ATIEST: ~ Clerk of the Council APPROVED this ì' day of ,19~ Attachment -1:- Growth Management Planning-Counëi1 Motion 98-3, dated 4/22/98, with attachments. E-XH- .~~rllT.c ~ I~~L~_._. P AGE -"- 0 f.~"-_~ - 4 - OCT 29 '98 12:43PM KING COUNTY COUNCIL 206 296-0159 KING COUNTY COUNCIL P.2/4 EXH I B ~l:c~-E P AGE ---,~_. iP-~1 Metropolitan King County Council Housing and Policy Planning Committee Staff Report 8 Agenda Item No.: 3 Proposed Ordinance: 98.480 Name: Date: Laurie Smith July 29, 1998 SUBJECT: An Ordinance adopting an amendment to the Countywide Plamùng Policies pursuant to RCW 36. 70A.21 0; ratifying the amended Countywide Planning Policies for unincorporated King County; amending Ordinance 10450, Sections 3 and 4, as amended, and K.C.C. 20.10.030 and K.C.C: 20.10.040. BACKGROUND: The Urban Growth Area (UGA) Boundary currently bisects Cougar Mountain Regional Wildland Park, rendering it halfurban, halfrura.t. This policy decision was made during' the initial adoption of the UGA to permit the extension of a sewer line into the future Park Visitor Center. On April 22, 1998 the Cities of Bellevue. Issaquah and Newcastle, requested that the GroWth Management Planning Council (GMPC) consider a change in the UGA boundary to exclude the unincorporated portions of Cougar Mountain Regional Wildland Park and Coal Creek Park. " After the initial adoption of the King County Comprehensive Plan in 1994, Policy F-313 was amended to allow tightlined public sewers to be extended outside the UGA to serve public faciljties. As a result, there is no longer a need for Cougar Mountùn Park to be included in the UGA. The change also reflects the Rural Dature of these parks, and adds the strength of the County's Rural Area policjes to the measures in place for their protection. The half-urban status of Cougar Mountain park creates a potentì~ impression in the SUITounding communities that the parkland may be urbanized. Additionally, County policy dictates that if any portion of the area were to remain urban, even as an Urban Separator, an adjacent jurisdiction would need to place it in their Potential Annexation Area (P AA). The cities of Bellevue and Newcastle have both included Coal Creek Park in their P Ms. Designating the park rural resolves that issue, and clearly communicates the future use of the park. The GMPC met on May 27, 1998 and voted to pass an amendment to the King County 2012. Countywide Planning Policies [5/25/94], Policy CO-14 to allow sewer expansion into Cougar Mountain Regional Wildland Park. At that same meeting, the GMPC voted to amend the urban growth area by reclassifying 1,346 acres of the unincorporated portions of Cougar Mountain Regional Wildland Pari<. and Coal Creek Park, from urban to rural. In order for the amendment to become policy, it must be adopted by King County and ratified by the cities. SUMMARY: . Proposed Ordinance 98-480 would adopt an amendment to Countywide.Planning Policy CO-14 to allow sewer . expansion into Cougar Mountain Regional Wildland Park, and reclässify the unincorporated portions of Cougar Mountain and Coal Creek Parks from Urban to Rural. The ordinance also ratifies the amendment on behalf of the citizens of unincoporated King county. Amendments to the Countywide Planning Policies become effective when ratified by ordinance or resolution by a1 least 30% of the city and county go...ernments representing 70% of the population of King County according to the Interlocal agreement. A city shall bè deemed to have ratified the countywide planning policy unless, within 90 days of adoption by King County, they city by legislative action disapproves the countywide planning policy. R:\comwit1.eehpp9S\3Wfrcp0rts9S\9&-480 (CPI' Amelldm~t. Cou¡;u).doc 1012919ß 11:37 AM OCT 29 '98 12:44PM KING COUNTY COUNCIL 206 296-0159 KING COUNTY COUNCIL. P.3/4 ;"ÅP1~nd~~Ílt:~l:ço~~:~~ ~'~ç)"?'~:,M,~emen~Pla.miiq'giCQ~ï¡'~k ~CtjQ~,O~'¥?ti~:9~7~' :::~e.:. ,': .::' "~".:iJ..":';"h""'"d':"~'1o.':orQ"""7"lMo'"" """.' , '" '::" ,,"",."., ,'tO~t¡uau;JsowreQ.\¡:_t'"'Ÿ~{'7'7.ø.~~';¡:.' ',' ,,'. ,"".: ':""'~".~.',: ," ":'::"'."..:'.. ¡, '.., ',' ," ...,',..' , ",.., """"'.... ", "",,'" POLICY DIRECTION: Growth Management Ad... RCW 36.70A.O70 (5) Comprehensive Plans - Mandatory elements. ...(5) Rural element. Counties shall include a'rural element including lands that are not designated for urban growth, agriculture, forest Of mineral resources. The following provisjons shall apply to the rural element... RCW 36.70A.ll0 Comprehensive Plans - Urban Growth Areas. (1) Each county that is required or chooses to plan under RCW 36.70A.040 shall designate an urban growth area or areas within which urban growth shall be encouraged and outside ofwmch growth can occur only if it is not urban in nature. Each city that is located in such a county shall be included within an urban growth area. An urban growth ar;ea may include territory that is located outside of a city only if such territory already is characterized by urban growth whether or not the urban growth area includes a city, or is adjacent to telTitory already characterized by urban growth, or is designated a new fully contained community as defined by RCW 36.70A350... Countywide Planning Policies FW-l (Step 9) Amendmen~ to the CountyWide Planning Policies may be developed by the Growth Management Planning Council or its successor, or by the Metropolitan King County Council, as provided in this policy. Amendments to the Countywide Planning Policies, not including amendments to the Urban Growth Area pursuant . to Step 7 and 8 b and c above) shall be subject to ratification by at least 30 percent of the city and County governments representing 70 percent of tiLe population of King County. Adoption and ratification of this policy shall constitute an amendment to the May 27) 1992 interIocal agreement among King County, the City of Seattle, and the suburban cities and towns in King County for the Growth Management Planning Council oiKing County. LU- 7 Designated Rural Areas are considered to be permanent and shall not be redesignated to an Urban Growth Area until reviewed pursuant to the Growth Management Act (RCW 36.70A.130 (3) and policy FW-l. Future growth should be accommodated to the maximum extent feasible by efficient use of existing urban land within the Urban Growth Area. Annexation of Rural Areas to cities shall be prohibited. When the annexation of Rural Areas is necessary to link two Urban Areas, that inte1Vening Rural Area. shall be designated as pennanent urban separator at low rural densities. LU-l0 The Rural Area shall have low densities which can be sustained by minìmal infrastructure improvements, such as septic systems and rural roads. King County, cities adjacent to Rural Areas, and other agencies providing seIVices to Rural Areas) shall adopt standatds for facilities and se~ices in Rural Areas that protect basic public health and safety, and enhance the environment, but urban facilities and se(Vices should not be provided to Rural Areas. Utilities, roads and other inftastructure improvements may only be extended through Rural Areas to serve existing Urban Areas. LU-23 Rural Areas designated by King County shall remain rural. Additional Rural Areas shall be designated by King County through adoption of a land use map authorized by the Growth Management Planning CounciL These additional areas must meet at least one of the following criteria: a) Opportunities exist for small-scale farming and forestry which do not qualify for resource land designation; b) The rural designation serves as a buffer for designated resource lands or sensitive areas; c) Significant environmental constraints make the area generally unsuitable for intensive urban development; d) Major physical barriers exist to providing urban sePlices at reasonable cost; e) The area is contiguous to other designated Rural Areas, resource areas or sensitive areas; f) The area has outstanding scenic, historic, and/or aesthetic value that can best be protected by rural land uses and densities; and EXHIB~r J PAG E-I_OF -3- R:\comnúttee/tpp9ß',staffu:port.98\98-480 (CPP AP1endmcnt - Cou~).doc: 10129198 11:31 A..\i! OCT 29 198 12:44PM KING COUNTY COUNCIL 206 296-0159 KING COUNTY COUNCIL P.4/4 g) The area has limited public services. extension of full seIVÏces is not planned, and infill at higher densities. is not feasible or necessary to meet regional needs. King County Comprehensive Plan F-313 Public sewer expansions shall not occur in the Rural Area and on Natural Resource Lands except where needed to address specific health and safety problems threatenìng t1;J.e existing uses of structures permitted before the effective date of this Plan or the needs of public facilities such as schools. Public sewers may be extended, pursuant to this policy, only if they are tightlined and only after a findíng is made that no reasonable alternative technologies are teclmologically or economically feasible. Public sewers which are allowed in the Rural Area pursuant to this policy shall not be used to convert Rural Area land to urban uses and densities or to expand permitted non-residential uses. ATIACHMENTS: 1. Amendment #1 to Proposed Ordinance 98-480. dated July 23, 1998 2. Proposed Ordinance 98-480, with attachmentS EXHIBI1.--E p A GE_,~S- 0 F -3- R:~mmineclJpp98~8\9&-480 (CPP Amondmcnt. Co<tga.r).doc 10/2919ß I 1:37 ^'~ DATE: To: FROM: FEDERAL WAY MEMORANDUM October 28, 1998 City Council Land Use/Transportation Committee Councilmember Phil Watkins, Chair Gregory Moore, AICP, Director of Community Development service~ CaNT ACT: RE: Deb Barker, Associate Planner Final Plat of Blackberry Hill-Federal Way File No. SUB98-0002 I. II. III. SUMMARY OF APPLICATION Final plat approval of the plat of Blackberry Hill, a cluster subdivision of 11 single family lots on 2.34 acres. The preliminary plat was originally approved by the Federal Way City Council on September 6, 1994, as an 11 lot cluster subdivision. The Plat of Blackberry Hill is located at 3rd Court SW, north of South 3l2th Street in Federal Way. Federal Way zoning for the site at the time of application was Residential Single Family (RS- 7.2). Cluster subdivisions are allowed in single family residential zoning districts to promote open space and protect natural features. REASON FOR COUNCIL ACTION The final decision for all final plats rest with the City Council in accordance with Federal Way City Code (FWCC) Section 20-136(b). Bringing this matter before the City Council Land Use/Transportation Committee for review and recommendation prior to the full Council is consistent with how land use matters are currently processed by the city. ST AFF RECOMMENDATION City of Federal Way staff has reviewed the final plat of Blackberry Hill for compliance with SEP A conditions, preliminary plat conditions, and all applicable codes and policies. All applicable codes, policies, and conditions have been satisfactorily met. Staff recommends approval to the council. IV. V. PROCEDURAL SUMMARY September 6, 1994 November 25, 1997 July 29, 1998 October 20, 1998 November 2, 1998 November 17, 1998 Preliminary plat approval granted by Federal Way City Council. Engineering approval granted. Final plat application submitted. Final plat application determined complete. City Council Land Use Committee meeting. Land Use Committee forwards a recommendation to the full City Council. City Council meeting. Pursuant to Section 20-136 of Federal Way City Code, the City Council shall consider the application at a public meeting. DECISIONAL CRITERIA Pursuant to FWCC Section 20-136, the City Council may approve the final plat application only if all criteria of FWCC Section 20-136(b), are met. Findings contained in the staff report to the City Council and by reference in the draft resolution indicate that the application is consistent with these criteria. I: Isubdivis Iblackbryll anduse. mmo -2- DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT REQUEST FOR FINAL PLAT APPROVAL BLACKBERRY HILL Federal Way File No. SUB98-0002 Related Files Numbers: SUB92-0004, SEP92-0008, SEP92-0012, UPR92-0009, and UPR95-0033 I. INTRODUCTION Date: October 28, 1998 Request: Request for final plat approval for Blackberry Hill. Description: Blackberry Hill is a cluster subdivision of 11 single family lots on 2.34 acres. The preliminary plat was originally approved by the Federal Way City Council on September 6, 1994, per Resolution 94-182 (Exhibit A) as an 11 lot cluster subdivision (Exhibit B). Federal Way zoning for the site at the time of application was Residential Single Family (RS- 7.2). Cluster subdivisions are allowed in single family residential zoning districts to promote open space and protect natural features. Lot sizes on the final plat (Exhibit C) range from 2,899 square feet (Lot 2) to 12,180 square feet (Lot 1), with an average lot size of 4,672 square feet. A 37,584 square foot wooded open space tract is north of the clustered lots. Access for lots 2 through 11 is via 3rd Court SW. Lot 1 is accessed from South 3l2th Street. All roads and sidewalks within the proposed subdivision have been constructed, stonn drainage facilities have been installed, and water and sewer lines are in. Owner: Jan-Wes Homes, Inc. 22030 7th Avenue South, Suite 204 Des Moines, W A 98198-6219 (206) 824-9990 Staff Report - Final Plat Report Blackberry Hill Page 2 Engineer: Location: Sewage Disposal: Water Supply: Len Gantz Surveying and Engineering 3721 South 352nd Street Auburn, W A 98001 (253) 874-0158 Located north of South 312th Street between 1 st Avenue South and 4th Avenue in Section 8, Township 21 North, Range 4 East, WM, King County (Exhibit D). Lakehaven Utility District. Lakehaven Utility District Fire District: Federal Way Fire Department School District: No. 210 - Federal Way Report Prepared By: Deb Barker, Associate Planner II. HISTORY AND BACKGROUND A draft resolution of the City of Federal Way, Washington, approving the final Plat of Blackberry Hill, SUB98-0004, is attached (Exhibit E). The preliminary plat of Blackberry Hill, consisting of 11 clustered single-family residential lots on 2.34 acres (Exhibit B), was granted approval by the City of Federal Way on September 6, 1994, per Resolution 94-182 (Exhibit A) based on the findings and conclusions contained in the May 13, 1994, and August 2, 1994, Federal Way Hearing Examiner decisions (Exhibit A). Subsequent hearing examiner approval for intrusion of a sanitary sewer line and biofiltration swale within a wetland buffer associated with adjacent wetlands was approved on August 12, 1996 (Exhibit F). Engineering approval was granted on November 25, 1997 (Exhibit G). The applicant applied for final plat approval in July 29, 1998. The application was determined complete on October 20, 1998. Staff Report - Final Plat Report Blackberry Hill Page 3 City of Federal Way staff has reviewed the final plat of Blackberry Hill for compliance with SEP A conditions, preliminary plat conditions, and all applicable codes and policies. All applicable codes and policies and conditions have been satisfactorily met. Staff recommends approval to the council. The remainder of staff report addresses how the applicant has fulfilled the conditions of SEP A, the preliminary plat approval, and the Federal Way Subdivision Code. III. DECISIONAL CRITERIA Pursuant to Section 20-136 of the Federal Way City Code (FWCC), if the City Council finds that the following criteria have been met, the City Council may approve the final plat for recording. CRITERION #1 - The final plat is in substantial conformance to the preliminary plat. Response - The final plat is in substantial conformance with the approved preliminary plat. Tract A, the open space tract, has been modified from preliminary plat through relocation of the bioswale facility. Based on conditional approval by the Federal Way Hearing Examiner, the bioswale facility was relocated west of Blackberry Hill into the adjacent Teabos Depression, a drainage facility owned by the city. The resulting Tract A is not encumbered by any drainage facilities or improvements. This criterion has been met. CRITERION #2 - The final plat is in conformity with applicable zoning ordinances or other land use controls. Response - Applicable zoning ordinances and land use controls include the FWCC Chapter 20, Subdivisions, and Chapter 22, Zoning. Article III of FWCC Chapter 20, Sections 20-151 through 20-187 address subdivision design criteria, including open space, streets, and traffic. The FWCC includes standards for structural setbacks, street lighting, and lot coverage. Subdivision design is in compliance because traffic from the subdivision connects to South 312th Street, a principal collector street. The lots are accessed via public rights of way. The road within the plat was designed and constructed to Federal Way cuI de sac standards. Third Court South has 50 feet of right of way, 28 feet of pavement, five foot sidewalks, four foot planter strips, and a six inch vertical curb. No additional improvements to South 312th Street or dedication was required of the applicant. Staff Report - Final Plat Report Blackberry Hill Page 4 Under FWCC Section 20-154,Cluster subdivision, 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. 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 of lots which would be permitted in a conventional subdivision on a site of the same total area, after reservation of required open space. The 11 lots in the Blackberry Hill subdivision are reduced in size and are clustered at the southern end of the site, in order to preserve a large stand of mature trees on the north side of the site. Ten of the 11 lots are less than the minimum lot size ofFWCC Section 22-631, Detached dwelling unit, as allowed by the cluster subdivision provisions. Based on a drawing provided by the applicant depicting conventional subdivision layout, the Blackberry Hill cluster subdivision does not exceed the number of lots which would be permitted in a conventional subdivision. Minimum yard and setbacks per FWCC Section 22-631 are depicted on the face of the plat, Exhibit C, page 1 of 3. The open space established with the cluster subdivision is known as tract A on Exhibit C, page 1 of 3 of the plat. Tract A is defined as an Native Growth Protection Easement (NGPE) in Exhibit C, note 5, page 3 of 3. Restrictive covenants have been submitted with the final plat application, which further protect Tract A from further subdivision or development. Applicable zoning ordinances and other land use controls have been met. CRITERION #3 - All conditions of the Hearing Examiner and/or City Council have been satisfied. Response - The Responsible Official issued a Mitigated Determination of Nonsignificance for the Blackberry Hill preliminary plat on February 22, 1994, with two conditions. The preliminary plat application was reviewed by the Federal Way Hearing Examiner at a May 13, 1994, hearing. His recommendation to approve the plat was forwarded to the Federal Way City Council. The City Council, at their June 7, 1994 meeting, remanded the preliminary plat back to the Hearing Examiner to address impacts to the wetland, traffic, access, and storm drainage. Following a second hearing on August 2, 1994, the Hearing Examiner forwarded a recommendation to the Council. At their September 6, 1994 meeting, the Federal Way City Council approved the preliminary plat application without conditions. The Responsible Official issued a Mitigated Determination of Non significance for intrusions into the wetland buffer on December 13, 1995, with one condition. A hearing Staff Report - Final Plat Report Blackberry Hill Page 5 was conducted by the Federal Way Hearing Examiner on July 30, 1996, to review the request to locate a bioswale and sewer line within the wetland setback area. That Process II request was approved by the Hearing Examiner in his August 12, 1996 decision. The various conditions of approval and the status of those conditions is noted below: I. Compliance With SEP A Mitigation Measures A) Mitigated Determination of Non significance (MDNS) for SEP 92-0012 was issued on February 22, 1994, with the following conditions. 1) The applicant shall provide on-site storm water runoff control in accordance with city standards and policies and recommendation BW-2 of the Hylebos Creek and Lower Puget Sound Executive Proposed Basin Plan. Staff Response: This mitigation measure has been met. Based on data provided in the Technical Information Report (TIR) prepared by Touma Engineers, the subdivision is exempt from the onsite storm water runoff control. This TIR showed that the laO-year flow for the site prior to development was 0.30 cfs and the lOa-year flow for the site developed would be a 0.76 cfs, a difference of 0.46 cfs increase. The 1990 King County Surface Water Design Manual (KCSWDM) threshold for storm water detention is 0.5 cfs or greater; this project falls below that threshold. 2) Storm water runoff control shall be provided on-site unless the applicant elects to located the required on-site detention in the Teabos Depression, a low topographic feature west of the site. In the later-case, the applicant shall be required to convert the depression into a public regional storm water detention facility sized to discharge the runoff from the entire upstream basin at the pre-developed basin runoff rate for the 2- year, 10- year and laO-year, 7-day storm event. The active storm water storage level in this depression shall be set to provide a minimum of one foot of freeboard for any structure in the area as identified in the Storm Drainage Analysis for Blackberry Hill Preliminary Plat submitted July 26, 1992. This conversion shall include acquiring any necessary easements and liability releases from affected property owners, modification of the outlet controls next to South 312th Street, and excavation for any deficient storage volume. A Late Comers Agreement may be executed upon completion of the conversion to recover a proportionate share of the expenses for future developers in the subject basin. Staff Report - Final Plat Report Blackberry Hill Page 6 Staff Response: This mitigation measure has been met. Based on data presented at the August 2, 1994 hearing, the storm drainage analysis documented that 3.5 feet of freeboard is available in the Hylebos Depression prior to any construction. As the necessary overflow room is available, no easements, liability releases of agreements will be required. B) A Mitigated Determination of Nonsignificance (MDNS) for SEP 95-0034 was issued on May 22, 1996, with the following condition. "Add the following elements to the December 13, 1995, conceptual mitigation plan as a condition ofSEPA approval: 1) Planting plan; 2) Plant Schedule; 3) Planting details; 4) Annual monitoring for five years to assess plant material vigor and survival. Reports need to be submitted to the city by August 1 of each monitoring year; 5) Planting must achieve a success rate of 80 percent; 6) Final as built drawings and an as-built report will need to be submitted to the City of Federal Way within one month from the time of completing the installation of the plantings; and 7) The applicant shall pay for the cost of the annual monitoring conducted by the city's contracted wetland biologist." Staff Response: The status of this mitigation measure is as follows: 1) Planting Plan - A Wetland Setback Revegetation Plan prepared June 18, 1996 ,by Terra Associates, Inc. was submitted on June 24, 1996 (Exhibit H). The revegetation plan was approved by staff on December 18, 1997. Plant Schedule - The revegetation plan contains a plant schedule with plant sizes and quantities. Planting Details - The revegetation plan included a planting details. Annual rnonitoring for five years to assess plant material vigor and survival. Reports need to be submitted to the city by August 1 of each monitoring year. - A contract currently executed with Sheldon and Associates will cover monitoring for five years. Planting must achieve a success rate of 80 percent. - This information was included in planting plan, and will be verified by the monitoring. Final as built drawings and an as-built report will need to be submitted to the City of Federal Way within one month from the time of completing the installation of the plantings. - The revegetation plantings were installed during the week of October 19 through 23, 1998, as recommended in the revegetation plan. The applicant submitted a October 26, 1998, letter which stating that as the vegetation was installed per the approved plan, that plan would constitute the as-built submittal. The installation ofthe vegetation was field verified by city staff and found to be installed per the approved plan. 2) 3) 4) 5) 6) Staff Report - Final Plat Report Blackberry Hill Page 7 7) The applicant shall pay for the cost of the annual monitoring conducted by the city's contracted wetland biologist. - The applicant has provided payment for the monitoring contract in a check received on October 15, 1998. II. Conditions of Hearing Examiner Decision, August 12, 1996, UPR95-0033. 1) The applicant must secure from the City of Federal Way's Department of Public Works, Surface Water Division, an easement for placement of the sanitary sewer line and infiltration swale. Staff Response: This condition has been met. As the applicant was able to install the sanitary sewer line in the center of the right of way and not in the Teabos Depression, the aforementioned easements were not necessary. The biofiltration swale is already located on City of Federal Way property; additional easements are not required. 2) To guard against breakage and possible surface water contamination, the diagonal portion of the sewer line (that section that traverses through the wetland buffer) must be constructed of ductile iron. Staff Response: This condition has been met. Ductile iron was used to construct the sewer line, which is now located in the right of way. CRITERION #4 - That the public use and interest shall be served by the establishment of the subdivision and dedication by determining if appropriate provisions are rnade for, but limited to, the public health, safety, general welfare, open spaces, drainage ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, and school grounds, and shall consider all other relevant facts including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. Response - Open Space, Parks, and Recreation - Pursuant to FWCC Section 20-155(b), Open space and recreation, all residential subdivisions are required to provide open space in the amount of 15 percent of the gross land area of the subdivision site (or if under five acres, make payment of fee in lieu of per FWCC 19-41). The plat of Blackberry Hill establishes usable and conservation open spaces in Tract A. (Usable open space consists of areas which have appropriate topography, soils, drainage and size to be considered for development as active recreation areas. Conservation open space is Staff Report - Final Plat Report Blackberry Hill Page 8 areas which contain special natural or physical amenities or environmentally sensitive features, the conservation of which would benefit surrounding properties or the community as a whole. Such areas may include stands oflarge trees.) Exhibit D, page 3 of 3, note #6, indicates that a portion of tract A amounting to 10 percent of the required open space of the entire plat is established as usable open space. This usable open space, noted on Exhibit D, Page 1 of3, is 1,673 square feet is size and satisfies the usable open space requirement. The balance of tract A is conservation open space. In a September 29, 1997 letter, city staff supported the change in lot configuration which resulted in relocation of the drainage facilities out of Tract A. This resulted in an increase in usable open space at the site. The applicant has exceeded the required open space obligation with the cluster subdivision by establishing 33.7 percent of the 2.34 acre site in open space. This open space is not part of an adopted Parks and Recreation Comprehensive Plan, and will be dedicated to the Blackberry Hill Home Owners Association. The applicant will not be required to pay open space fees as the final plat of Blackberry Hill provides sufficient open space opportunities. Drainage Ways - The subdivision has a storm drainage system designed and constructed in accordance with the surface water management requirements in FWCC Section 21-26 et seq., and the storm and surface water utility requirement in FWCC Section 16-76 et seq. Engineering plans (Exhibit G) which included drainage and roadways, were reviewed and approved by the City of Federal Way prior to construction. Biofiltration systems were proposed at the southern portion of tract A with the preliminary plat application. On May 22, 1996, the Federal Way Hearing Examiner conditionally approved a request to relocate the bioswale into a regulated wetland setback area (Exhibit F, page 3). Biofiltration systems and oil water separation devices were installed within drainage easements immediately west of the subdivision, within property owned by the City of Federal Way. As the project produces less than the O.5cfs than the undeveloped site, the project was exempt from retention/detention requirements. Transit - METRO Transit service is available along South 312th Street, approximately 500 feet east and west of the subdivision. DART pickup can be arranged by individual residents. Water and Sewer - All lots in a subdivision shall be served by a water system and sanitary sewer systems system designed and constructed to the specifications of Lakehaven Utility District. In an August 27, 1998 letter, the Lakehaven Utility Staff Report - Final Plat Report Blackberry Hill Page 9 District stated that the sanitary sewer and water distribution systems for the project are substantially complete. The developer has entered into a supplemental agreement with the district, and the district has accepted assignment of funds guaranteeing completion of construction of said distribution systems. Schools - In addition to the sidewalks required in FWCC Section 22-1471, regarding requirements to Right of way (ROW) and vehicular easements, the sidewalks provide pedestrian and bicycle assess and connect the subdivision to established safe school routes, bikeways, trails, and transit stops. Elementary school students will walk to Mirror Lake Elementary School via existing sidewalks from this site. Students at Illahee Junior High and Federal Way High School will be bussed. School impact fees will be collected with each single family building permit at the time of permit issuance, based on city ordinance #95-249, as amended. This criterion has been met. CRITERION #5 - All required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. Response - All road and storm drainage improvements have been constructed. In addition, all water and sewer lines have been installed. Adequate bonding is in place with the Lakehaven Utility District and the City of Federal Way. This criterion has been met. CRITERION #6 - All taxes and assessments owing on the property have been paid. Response - Prior to being recorded, the plat is reviewed by the King County Department of Assessments to ensure that all taxes and assessments have been paid. IV. CONCLUSION Based on site visits, review ofthe final plat maps, construction drawings, and the project file, staff has determined that the application for final plat approval for Blackberry Hill meets all platting requirements ofRCW 58.17.070 and Section 20-134 of the Federal Way City Code. City staff is recommending approval of the final plat as submitted and has prepared the necessary resolution for City Council approval (Exhibit E). Staff Report - Final Plat Report Blackberry Hill Page 10 v. EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H I.lsubdivis\blackbrylstafevaI.txt Resolution 94-182 - September 6, 1994, City of Federal Way Preliminary Plat Approval of Blackberry Hill with accompanying Hearing Examiner Report 8Y:z x 11 Reduced Copy of Approved Preliminary Plat of Blackberry Hill 8Y:z x 11 Reduced Copy of Final Plat Map of Blackberry Hill Vicinity Map for Blackberry Hill Final Plat Resolution of the City of Federal Way, Washington, approving the final plat of Blackberry Hill August 12, 1996, Hearing Examiner Approval 8Y:z x 11 Reduced Copy of Approved Engineering Plans for Blackberry Hill 8Y:z x 11 Reduced Copy of the Approved Wetland Setback Revegetation Plan ( RESOLUTION NO. 94-182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE APPLICATION BY JAN-WES HOMES INC. FOR PRELIMINARY PLAT APPROVAL TO DIVIDE A 2. 34 ACRE PARCEL INTO SINGLE FAMILY HOME LOTS AND FOR APPROVAL OF INTRUSION INTO 100 FOOT WETLAND SETBACK FOR ROADWAY SERVING THE DEVELOPMENT; (FEDERAL WAY FILE NO. SUB 92- 0004; RELATED FILE NO. SEP92-0012; RELATED FILE NO. UPR92-0009; HEARING EXAMINER FILE NO. 94-09. ) WHEREAS, Jan-Wes Homes, Inc. ("Applicant~') , has a possessory ownership interest in property totaling approximately 2.34 acres located at the northeast corner of the intersection of ( South 312th Street and the proposed Third Court South, in Federal Way, Washington ("Property"); and WHEREAS, the Applicant is requesting preliminary plat approval to subdivide the southern portion of the Property into eleven (11) single family residential lots retaining the northern portion of the Property as open space; and the Applicant is also .seeking approval to intrude into a 100 foot wetland setback as established by section 22-1357, Federal Way city Code ("FWCC") for construction of a cul-de-sac providing access to all plat lots from South 312th Street ("Application"); and WHEREAS, the Applicant has configured the preliminary ( plat as a cluster subdivision pursuant to section 20-154 FWCC; and WHEREAS, the Property is presently zone.. ~ r~. s, ?3.,°,~ WhiChJ( . .. r , :-d c:~ ~ . f'\ allows for s1ngle fam1ly dwel11ngs; and I -. OF. is-vI """""'- ---- ,. f'AGE RES # 94-182 , PAGE 1 COpy ( WHEREAS, the Application is properly considered under Process III, pursuant to FWCC Section 20-111; and WHEREAS, a mitigated determination of non-significance ("MONS") was issued by the ci ty of Federal Way's Responsible Official for this Application on February 22,1994, pursuant to the. FWCC and the State Environmental Policy Act (" SEPA") and the appeal and comment period ended March 23, 1994 without appeal; and WHEREAS, all public notices having duly been given pursuant to FWCC section 22-480; and WHEREAS, pursuant to Process III, FWCC section 22-482, the Federal Way Land Use Hearing Examiner held a public hearing on the application on April 19, 1994; and WHEREAS, at the conclusion of said hearing, the Federal ( Way Land Use Examiner issued its Findings, Conclusions and Recommendation on May 3, 1994; and WHEREAS, this matter having been considered by the Federal Way City Council Land Use/Transportation Committee at its meeting on May 16, 1994, for the purpose of issuing its recommendation for approval of the Application to the full city council; and WHEREAS, the City Council, at its meeting of June 6, 1994, having fully considered the Application, the record and Recommendation~of the Hearing Examiner, remanded the Application back to the Hearing Examiner to consider further certain issues relating to transportation, wetlands and drainage; and RES # 94-182 , PAGE 2 EXHIBIT A PAGE~OF ZJ.. . .,.\1 ( WHEREAS, the Hearing Examiner conducted a rurther Hearing in accordance with the instructions rrom the City Council on July 19, 1994, and issued a Decision on Remand on August 2, 1994 recommending preliminary plat approval; and WHEREAS, this matter having been considered by the Federal Way City Council Land Use/Transportation Committee at its meeting of August 5, 1994, for the purpose of issuing its recommendation for approval of the Application to the full city Council; and WHEREAS, the City council of the City of Federal Way is the governmental body having jurisdiction and authority to pass upon the approval, denial and modification of the Application, pursuant to the FWCC; and ( WHEREAS, FWCC section 22-490(d) contains the decisional criteria for the Federal Way city Council's consideration of a Process III application; and WHEREAS, the City Council considered the written record and the Recommendation of the Hearing Examiner, pursuant to FWCC section 22~490 on August 16, 1994; and WHEREAS, the Applicant made a minor modification to the Application following the August 16,1994, hearing pursuant to FWCC section 20-113(e} and in response to Council's comments that there was insufficient buffer open.space adjacent to South 312th Street and, accordingly, the criteria for approving a cluster subdivision pursuant to FWCC section 20-154 had not been satisfied; and ( RES # 94-182 , PAGE 3 EXHIBIT A PAG E~_~OF ~ ( WHEREAS, the City Council having considered the written record and the Recommendation of the Hearing Examiner, pursuant to FWCC Section 22-490 on September 6, 1994; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: section 1. Hearinq Examiner's Recommendation. The Findings of Fact and Conclusions of Law contained in the Recommendation of the Federal Way Land Use Hearing Examiner issued on May 3,' 1994, following a public hearing held on April 19, 1994, and the Hearing Examiner's Remand Decision issued on August 2, - 1994, following a public hearing on July 19, 1994, copies of which are attached hereto as Exhibi ts "A" and "B" respectively and incorporated by this reference (hereafter jointly referred to as ( "Recommendation"), which recommended approval of the Application, as modified by the Applicant as more particularly described in Exhibit "C" attached hereto, are hereby adopted as the Findings of Fact and Conclusions of Law of the Federal Way city Council. Section 2. Preliminary Plat. Pursuant to FWCC section 20-63, RCW 58.17.215, and Findings Nos. 16 and 17 of Exhibit "A" and Findings No. 14, 15, 16 and 17 of Exhibit "B" of the Recommendation, the Federal Way City council concludes that the Application, as modified, conforms to the suþdivision design criteria of the FWCC and the development standards relating to plats of the FWCC, that the public use and interest is served by the proposed development and associated improvements, including the intrusion by the development access roadway into the 100 foot RES # 94-182 , PAGE 4 EXHIBIT Pc PAGE-t-OF ~8 ( wetland setback, and ~hat the development as proposed satisfies the requirements of Chapter 58.17, RCW, as it will serve the public use and interest. section 3. Intrusion into Wetland Setback Area. Pursuant to Section 22-1359(0) of the FWCC, and pursuant to Findings No. 15 of Exhibit "A" and Findings No.5 and 6 of Exhibit "B" of the Recommendation, the Federal Way City Council concludes that the decisional criteria for the intrusion into the 100 foot wetland setback area have been satisfied in connection with the Application, as modified, and the request for intrusion into the setback is hereby approved. section 4. Process III Decisional criteria. Pursuant to FWCC Section 22-490(d) and Finding No. 16 of Exhibit "A" of the ( Recommendation, the Federal Way city council concludes that the decisional criteria have been satisfied as the Application, as modified, is consistent with the Comprehensive Plan, is consistent with all applicable provisions of the FWCC including those adopted by reference from the Comprehensive Plan, and the Application is consistent with the public health, safety, and welfare. Section 5. APplication Approval. Based upon the Federal Way City council's Findings of Fact and Conclusions of Law, as adopted by the City Council pursuant to section 1 herein and the minor modification to the plat described in Exhibit "C" hereof, the Application for preliminary plat approval, Blackberry Hill development by Jan-Wes Homes, Inc., Federal Way Hearing Examiner No. 94-09, is hereby approved. RES # 94-182 , PAGE 5 EXHIBIT A ~ PAGE- ~ ( section 6. Conditions of Approval Inteqral. The conditions of approval of the Application are all integral to each other with respect to the Federal Way City council finding that the public use and interest will be served by the approval of the Application and modifications contained therein. Should any court having jurisdiction of the subject matter declare any of the conditions invalid then, in said event, the approved Application and modifications granted in this resolution shall be deemed void, and the Application shall be remanded to the City of Federal Way Land Use Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to insure that the Application makes appropriate provisions for the public health, safety and general ( welfare and applicable City ordinances, rules and regulations and forward such recommendation to the City Council for further action. section 7. 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 8. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. RES # 94-182 , PAGE 6 EXHIBIT It PAG E.-'L_OF z,r . '. ( section 9. Effective Date. This resolution shall be effective immediately upon passage by the Federal way City Coúncil. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this 6th day of September , 1994. CITY OF FEDERAL WAY MA~~ff ~ M. SWANEY, CMC ( APPROVED AS TO FORM: ~~,------c ~ /~~~~~ LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 94-182 August 30,1994 September 6,1994 K:\Reso\Blkberry¡ 9/8/94 RES # 94-182 , PAGE 7 EXHIBIT A PAGELOF U ( ( ( EXIIIßIT "AC< CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: ) ) ) ) OF BLACKBERRY) ) ) ) FWHEt: 94-09 FILE ~: SUB92-0004 UPR92-QOO9 SEl?92-QOO8 PRELIMINARY PLAT HILL/PROCESS III I. SUMMARY OF APPLICATION ( The applicant is requesting preliminary plat approval to divide a 2.34 acre parcel into eleven single family residential lots as provided for under Chapter 20, S~bdivisions Federal Way City Code and Chapter 58.17 Revised Code of Washington. The plat is proposed as a cluster subdivision in order to preserve a forested areas as open space. City of Federal Way.City Code sets forth the subdivision review process as Process III review. Under Process III review the hearing examiner conducts a public hearing on the matter, and. after consideration of testimony and facts presented makes a recommendation to the City Council. The City Council then makes a decision whether or not to grant.or deny the plat request. .. Additionally the applic.ant is seeking approval to intrude .into a 100 foot wetland setback as established .by Sec:tion 22-135.7. FWCC. The intrusion would be in the form of roadway improvements associated with the construction of 3rd Court South, the proposed cul-de-sac providing access to the plat. II. PROCEDURAL INFORMATION Hearing pate: April 19, 1994 Decision Date: May 3, 1994 At the hearing the following presented testimony and evidence: 1. Michael Thomas, Associate Planner, City of Federal Way 33530 - 1st Way South, Federal Way, WA 98003 2. Tom Tourna, Engineer, 15668 West Valley Highway, Seattle, WA EXHIBIT A PAGE 6 OF 1$ ( /" \. ( .. , ( ... ( Preliminary Plat of Blackberry Hill FWHE U94-09 Hay), 1994 3. Walt Schaefer, vice President, 18000 72nd Avenue South, Suite 206, Kent, WA 98032 4. Mike Miculinich - 190 South 312th Street, Federal Way, WA 98003 5. Russell wolf - 230 South 3l2th Street, Federal Way, WA 98003 6. Ron Garrow, City of Federal Way, 33530 - 1st Way South, Federal Way, WA 98003 At the hearing the following exhibits were admitted'as part of the official record of these proceedings: ( ( 2. 3. 4. 5. L Staff Report with all attachments. III. FINDINGS 1. The Hearing Examiner has heard testimony, viewed the site and taken this matter under advisement. The Community Development Department staff report sets forth general findings, applicable policies and provisions in this matter, and is hereby marked.as Exhibit 1 and incorporated in this report by reference as though set forth in full herein. All appropriate notices were delivered in accordance with the requirements of the Federal Way Zoning Code. The applicant has ,a possessory ownership interest in a 2.34 acre parcel of property located at the northeast cornèr of the intersection of South 3l2th Street and the proposed Third Court South. The site is rectangular in shape with a frontage of approximately 165 feet on South 312th Street and a depth of 618 feet. The applicant is requesting preliminary plat approval to subdivide the southern portion of the site in~o eleven single family residential lots. The north portion of the site'is proposed to remain in open space. The applicant is proposing to cluster the lots to preserve the forested areas as open space, and is also seeking approval to intrude into a 100 foot wetland setback as established by Section 22-1357 of the Federal Way City Code (FWCC). The intrusion is associated with the construction of Third Court South, a cul-de-sac providing access to all plat }ots from South 312th Street. The property slopes down from east to west and is underlain by Alderwood and Everett Gravelly Sandy Loam soils. The s~!:!:::.i; moderately well drained and, have slight 1:XH11!1r~ PA~F q OF z,1S ( -( (' Preliminary Plat of Blackberry Hill FWHE 1t94-09 May 3, 1994 6. 7. ( 8. 9. 10. for erosion. They also have moderate limitation for single family construction. Soils will support the applicant' s proposal. The site contains second and third growth coniferous and deciduous trees native to the. northwest. The applicant is required to either retain 25% of the significant trees or replant .in conformance with the 25% requirement of the FWCC~ The site is inhabited by small birds and animals I but no threatened or endangered species. ' . West of the s~te is a natural depression known as the Teabos Depression. The depression contains a wetland and the applicant is requesting to reduce the 100 foot wetland buffer to between 35 and 85 feet. Drainage from the site will either be 'retained on site or will enter the Teabos Depression through a biofiltration swale. ( The site is located within the RS-7. 2 zone classification which allows single family residential dwellings as outright permitted. uses on minimum lot sizes of 7,20.0 square .feet. Said zone classification also allows a maximUlÌl lot coverage of 60%. Pursuant to Section 20-54 FWCC the applicant is proposing to cluster the lots on the south portion of the site adjacent to South 312th Street. Clustering is allowed for the purpose of promoting open space and the protection of natural features such as trees and wetlands. However, the minLmum yard setback requirements must be met as well as ~Lmum site coverage requirements. The applicant has shown the building setback lines for each lot on the face of the'~ }?lat - The applicant is proposing lot sizes between 2,920 square .'feet and 6,700 square feet. Lot clustering will allow the preservation of approximately 38,775 square feet which includes a l.arge stand of trees in the northern portion. Preservation of the trees provides a substantial buffer between the neighboring subdivision to the north. ..... IIf(,~ .1"1';'4 ct.J,Z4. f¡1 ..f..o Access to the site is provided by a privat cul-de-sac~.d c.~ constructed to City of Federal Way standar s. Sidewalks will be constructed on the private road as well as along the frontage of 312th Street. Landscaping in the nature of a 20 foot Type III buffer will be installed between the homes and both South 312th Street and 3rd ct. South. Considerable testimony from the applicant and residents of the area concern the storm drainage plan for the site. The applicant presently proposes -to collect the storm. draina2~~ ~[1.~ direct it through biofiltration, swaleE)ttftBI"~ PAGE 10 OF ~- .( I I \ ( c Preliminary Plat of Blackberry Hill FWHE 1t94-09 May 3 I 1994 Depression. A mitigating measure agreed to by the applicant in the. MDNS requires that the applicant raise the storage capacity of the Teabos basin and acquire easements from impacted property owners. The applicant agrees to raise the overflow level, but is concerned about obtaining easements from affected property owners. Mitigat'ing measures imposed in the MDNS are not before the Examiner unless an appeal of the ,threshold determination is filed. In this instance no appeal was filed, and therefore the Examiner has no authority to change the. mitigating measure. However, since the City contemplates the Teabos Depression as a regional facility as opposed to a facility to serve this one development that the ~j city should consider assisting the applicant in obtaining the 7f-------necessary easements. In the alternative the applicant would r~ retain storm water runoff on its own site. I /' ,," 11. The applica[}.t completed and submitted a traffic impact analysis which established that the site will not generate more than ten, vehicle trips during the p.m. peak hour, and therefore the City will require no traffic mitigation. Residents of the site will have access to publi~ transit. ( 12. 13. 14. 15. In accordance with Section 20-155 (B) FWCC the applicant is providing 15% of the gross land area of the plat as open space. The applicant is also providing an additional 23% of the gross land area for open space for the purpose of tree preservation. The total sum of open space equals 38%. the plat will also provide 10% of the required 15% open space as usable open space. Both fire flow and domestic water are available to serve the ,site. The Federal Way Water and Sewer District wilY' provide sanitary sewers as there is a -sewer main in the South 3l2th Street right of way. The 1990 Federal Way Comprehensive Plan designates the site as Suburban Residential. This designation contemplates a variety of housing types and choices and an economic use of urban land to discourage sprawl. The proposed subdivision meets the policies of the Suburban Residential category as set forth in the Staff Report. In association with the preliminary plat approval the applicant is requesting to construct a 'portion of the plat roadway within the required setback from the wetland in the Teabos Depression. section 22-1359 (D) FWCC allows the city to approve a request to locate improvements within a wetland setback if the applicant can establish that the six crite~ia set forth therein are met. Findings reqÊXHlåÎT cri~ia - A "r- J ' "r-' ...c ( ( :c ( Pre~iminary P~at of Blackberry Hill FWBE 1f94-09 May 3, 1994 A. B. ( C. D. E. F. are hereby made as follows: The location of the plat road within the wetland buffer will not adversely affect water quality. The applLcant will collect the storm water draLnage from the plat and direct it to a biofiltration swa~e prior to discharge into the Teabos Depression. Furthermore, the alterations of the depression will not affect water qua~ity. The incursion into. the wetland buffer wi~~ not destroy nor damage a significant habitat area. The wetland i~ presently criss-crossed by two driveways with a th.ird driveway into the wetland setback. The latter-driveway will be the location of the proposed plat road. The buffer is vegetated with alders, blackberry bushes, and grasses which are not good habitat. Ther~ will be no adverse affects on drainage or storm water retention capabilities. The Teabos Depression has adequate storage to retain the storm water runoff. The applicant has previously demonstrated to the satisfaction of the city that discharge of the stormwater into the depres~ion will not create adverse affects. ( Incursion into the buffer will not create unstable earth conditions nor erosion hazards. Disturbed areas will be 'replanted with native upland vegetation as required by Section 22-1359 (e) FWCC. Erosion control methods in accordance with Federal Way requirements will be ..required during construction. Reduction of the wetland buffer will not affect~~ajacent property owners nor the city as a whole. The area is not considered open space and provides no scenic vistas. Incursion of the wetland buffer is necessary for reasonable development of the property. Allowing the small incursion into the wetland setback will ultimately result .in greater preservation of the natural environmental as it allows the applicant to retain substantial trees in the open space on the north portLpn of the plat. Both the preliminary plat and the request for a reduction of the wetland setback are subject to Process III review which requires the Examiner to make a recommendation to the Federal Way City Council which in turn makes the final decision. Prior to making such recommendation, tl:"~ust find that both requests meet the Process II~~iq~l_rr;rprja PAGE~.OF ~ 16. ,J . \ ( ( Pre~Lminary Plat of B~ackberry Bill FWHE n94-09 May 3, 1994 ( 17. which are set forth in Section 22-490 (d) FWCC. Findings required on each criteria are hereby made as follows: A. B. C. The proposed plat and setback reduction are consistent with the Suburban Residential category of the Fedex;al Way Comprehensive Plan. The Suburban Residential. category provides for a density of four to six units per acre whil.e the appl.ican~' s proposal. provides 4 ~ 7 units per acre. The proposed plat and wetland buffer reduction are consistent with al.l applicáble provisions of the Federal. Way City Code, including the zoning code, envirorumental pol.icy code, Methods to Mitigate Devel.opment Impacts Code, and the Subdivision 'Code, and all other applicable development codes and regulations. Approval of the preliminary plat and wetland reduction are consistent with the public health, safety, and welfare. Approval of the plat will permit development of the site consistent with the Suburban Residential category of the Comprehensive Plan and RS-7.2~one. The proposed preliminary plat meets the purpose of subdivisions, as set forth in Section 20-2 FWCC. Compliance with all Federal Way Code provisions relating to plats ensures that the criteria set forth in Section 20-2 are met. The plat further meets the design criteria and development standards set forth in Sections 20-151 through 20-157 and 20-178 thx:ough 20-187 FWCC as well as RCW 58.17. IV. CONCLUSIONS . . From the foregoing findings. the Hearing following conclusions: 1. 2. 3. Examiner the makes The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. The proposed preliminary plat of Blackberry Hill satisfies all requirements of the Federal Way City Code ,and is consistent with the City of Federal Way Comprehensive Plan and meets all requirements of the RS-7. 2 zone classification. The proposed plat also complies with all requirements of Section 20-2 and 20-112 FWCC regarding subdivisions. Therefore, the proposed preliminary plat should be approved. The request for an incursion into the required wetland setback meets the criteria set forth in Section ~xWI~lfCC' Ãd -. -- ,~ -.- '" ( ( c c- Preliminary Plat of Blackberry Hill FWBE ~94-09 May 3, 1994 therefore should be approve~. RECOHHENDATION: It is hereby recommended to the City Council of the City of Federal Way that the proposed preliminary plat of Blackberry Hill be approved. It is further recommended that the' request to incur to the required wetland setback to allow construction of the plat road be allowed~ DATED ( .' . - EXHIBIT , ð PAGEJ!£OF ~ -( c . :( Preliminary Plat of Blackberry uill FWHE U94-09 May 3 ( 1994 VI. RIGHTS TO RECONSIDERATION AND CHALLENGE ( Any person who has a right to challenge a recommendation under the Federal Way Zoning Code may request the Hearing Examiner to reconsider any aspect of his or her recommendation by delivering a written request for reconsideration to the Planning DepartInent within seven (7) calendar days after the date of issuance of the Hearing Examiner's recommendation. The person requesting the reconsideration shall specify in the request what aspect of the reconunendation he or she wishes to have reconsidered ànd the reason for the request. The distribution of the request and the response to the request shall be governed pursuant to the provisions of the Federal .Way Zoning Code. Within ten (10) worting days after receiving a request for reconsideration( the Hearing Examiner.shall notify the persons who hav~ a right to appeal under the Federal Way Zoning 'Code, whether or not the recommendation will be reconsidered. The Hearing Examiner may reconsider the recommendation only if he or. she concludes that there is substantial merit in the request. The process of the reconsideration will be followed in accordance with the Federal Way Zoning Code. The recommendation of the Hearing Examiner may be challenged by, any person who is to receive a copy of that recommendation pursuant to FWZC 155.60.6. That challenge, in the form of a letter of challenge( must be delivered to the Planning Department within fourteen (14) calendar 'days after the issuance of the Hearing Examiner's recommendation or,. if a request for reconsideration is filed, then within fourteen (14) calendar days of either the decision of the Hearing Examiner denying the request for reconsideration or the reconsidered recommendation. The letter of challenge must contain a clear reference to the matter being challenged and a statement of the specific factual fin4ings and conclusions of the Hearing Examiner disputed by the person...tiling the challenge. The person filing the challenge shall include, with the letter of appeal, the fee established by the City. The challenge will not be accepted unless it is accompanied by the required fee. The recommendation of the Hearing Examiner may be challenged whether or not there' was a request to reconsider the Hearing Examiner's recommendation. EXHIBIT ~ PAGE ,~ OF --"-- .."""..----"" (. ( ( ,\ v EXHIBIT fiB" ( CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE REMAND MATTER OF: . . BLACKBERRY HILL PROCESS III FWHE#: 94-9 I. SUMMARY OF APPLICATION The applicant's preliminary plat application proposes to subdivide a 2.34 acre parcel into eleven (11) single family residential lots. The plat has been configured as a cluster subdivision as allowed for pursuant to section 20-154 Federal Way City Code. The application also requests reduction of a 100-foot wetland buffer associated with a wetland that lies adjacent (west of the subject parcel. . ( ll. PROCEDURAL INFORMATION Hearing Date: Decision Date: July 19, 1994 August 2, 1994 At the hearing the following presented testimony and ~vidence: 1. Mike Thomas, City of Federal Way, 33530 1st Way South, Fed~râ1 Way, W A 98003, .. . . 2. Ron Garrow, Department of Public Works, City of Federal Way, 33530 1st Way South, Federal Way, WA 98003 3. Tom Touma, 15668 West Valley Highway, Seattle, WA 98188 4. Walter Schaefer, 18000 72nd Avenue South, Suite 206, Kent, WA 98032 At the hearing the following exlúbits were admitted as part of the official record of these proceedings: 1. Staff Report with all attachments. EXHIBIT ~ PAG EÆ OF ---Æ- COpy ( ( .. ( :',,: Blackberry HilllProcess HI August 2, 1994 Page - 2 Ill. FINDINGS 1. The Hearing Examiner has heard testimony, viewed the property and sUlTounding area, admitted documentary evidence into the record, and taken this matter under advisement. 2. The Community Development Department staff report sets forth general fIndings, applicable policies and provisions in this matter, and is hereby marked as Exhibit 1 and incorporated in this report by reference as though set forth in full herein. 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way Zoning Code. 4. On May 3, 1994, the Examiner issued a written recommendation to the City of Federal Way City Council that the Blackbeay Hill preliminary plat be approved. At its meeting on June 7, 1994, the City Council remanded the matter to the Examiner and requested that additional consideration be given to the inipacts to the adjacent wetland in Teabos Depression; to traffic and access; and stonn drainage. Pursuant to the City Council's remand, a public hearing was conducted to specifically consider said concerns. Based upon the testimony and evidence presented at said hearing, additional fIndings on each concern are made hereinbelow. IMP ACTS TO ADJACENT WETLAND 5. The Teabos Depression is very likely an artificial wetland created by the construction of South 3l2th Street. Water backs up as a result of the fill placed in the depression to ' allow construction of South 3 12th Street. Section 22-1357 of the Federal Way City Code (FWCC) requires a 100 foot buffer from the wetl~d even though it is probl!,bly artificially created. . . - 6. There is not a 100 - foot buffer protecting the wetland at the present time, and even if the plat access road were moved outside of the required wetland buffer, the lOO-foot setback would still not be present. The wetland is presently crossed by an existing driveway with a second driveway located five feet from the edge of the sidewalk surrounding the proposed cul-de-sac. These driveways will remain in their present location if the plat road is moved to the eaSt away from the wetland. Stonn water presently drains directly from the driveways into the wetland without pretreatment. Upon development of the plat the stonn drainage will be collected in the plat road (which will replace the driveway parallel to the wetland) and directed through a biofiltration swale prior to entering the wetland. Thus, construction of the plat in its proposed configuration will mean the following: EXHIBIT Ir PAG E f? OF z,r ( ( '" Blackberry HilllProcess III August 2, 1994 Page - 3 ( 1. An additional incursion into the wetland buffer of five feet in the area of the cul- de-sac to accommodate a sidewalk; 2. Improvement of water quality flowing into the wetland due to pretreatment and a biofiltration swale. Relocation of the road to the east prop~rty line would mean the following: 1. Continuation of the present driveways and direct runoff fro.m said driveways into the wetland. 2. Loss of a significant stand of trees due to relocation of the plat lots-to the north portion of the plat. TRAFFIC AND ACCESS 7. A traffic impact analysis was prepared by the applicant and reviewed and approved by the City Public Works Department. The project does not generate more than ten p.m. peak hour trips at any intersection identified in the City's six year transportation plan, and no traffic mitigation measures are required. Access to all plat lots except one will be via 3rd . Court South, the proposed public road serving the plat. Two private driveways presently accessing 312th Street and serving properties which are not part of the plat will also use the plat access road, thus eliminating two accesses. . ( 8. South 312th Street is an east/west arterial which provides access to SR-99 to the east and SR-509 to the west. At the project site the road has three lanes including.-one through lane in each direction and a center left turn'lane. Pedestrian sidewalks, bi9ycle path, and curb and gutter are also present.' According to Metro Transit, two bus rou~~s...and a van . pass in front of the site. The bus routes operate Monday through Friday from 5:40 a.m. to 7:10 a.m. and from 3:30 p.m. to 5:45 p.m. The van operates from 8:00 a.m. to 3:30 p.m. Monday through Friday and from 10:40 a.m. to 5:25 p.m. on Saturday. There are bus stops along both sides of 312th Street in the vicinity of the plat. Accident data reveals a total of 23' accidents on South 312th Street between 1st Avenue South and 8th Avenue South in a three year period. 9. The site is anticipated to generate 96 average weekday vehicle trips, eight of which will occur during the morning peak hour and eleven during the evening peak hour. Impact analyses were performed at the South 312th Street/1st Avenue South and South 312th Street/8th A venue South intersections. Both of these intersections are presently operating at level of service (LOS) D and will continue to do so following build-out of the proposed subdivision. The intersection of South 312th Street and the plat road itself will operate EXHIBIT A PAGE1~ OF ~ ,. ( . " -, Blackberry HilllProcess III August 2, 1994 Page - 4 ( ( ( 12. 13. at LOS "C". It is anticipated that 75% of the plat traffic will travel eastbound on South 312th Street and 25% westbound toward 1st Avenue South. - STORM DRAINAGE 10. The applicant is proposing to direct plat storm water into the Teabos Depression wetland as opposed to constructing a storm water detention pond on site. A storm drainage study conducted by the applicant and verified by a separate study performed by the City establishes that storm drainage from the site following the most severe storm (a 100- year/24 hour storm) will raise the level of water in the Teabos Depression by less than 1/2 inch. Storm w~ter runoff from the entire drainage basin will raise the level of water by three inches following such a storm event. The depression has 3-1/2 feet of freeboard before cresting or threatening the nearest structure. 11. The City is benefitted by allowing the applicant to discharge storm water into the Teabos Depression. The applicant is required to secure easements from adjacent property owners for the benefit of the City. The applicant is spending thousands of dollars to acquire these e~ements which will then allow the Teabos Depression to become a regional stonn drainage facility. If the applicant is unable to secure said easements, then the applicant . must provide its own storm water detention pond. - The Teabos Depression is currently operating as a de facto regional drainage facility in that the plat of Parkwood Campus to the north of the site uses said depression for stonn water detention in the same manner as the applicant is proposing. Parkwood Campus excavated part of the depression to provide compensating storage for its development. The Blackberry Hill plat does not need to excavate for compensating storage sinçe it is raising the outlet control which also provides additional storage with no d8D:ger to abutting properties. ..' -- Flooding occurs along 1st Avenue South by the Federal Way Fire Station. The impact of plat development on this flooding was considered in the applicant' s drainage report. The report established that storm drainage from the plat will not exaggerate the existing flooding condition. To the contrary, the applicant's modifications to the outlet control structure will help mitigate the existing flooding problem. Furthennore, said flooding is identified as a Surface Water Division capital project. CLUSTER SUBDMSION 14. Section 20-154 FWCC allows cluster subdivisions in order to "promote open space and the protection of natural features such as trees and wetlands." Said section authorizes the reduction of lot sizes and the placement of residential dwellings in clusters. However, the EXHIBIT h PAGEL' OF ~t " ( Blackberry Hill/Process III August 2, 1994 Page - 5 minimwn yard and setback requirements must, and building setback lines for each lot must be shown on the face of the subdivision plat. The open spaces and protected areas are prohibited from further subdivision or development by covenants filed and recorded with the final plat. 15. Section 20-155 FWCC specifically sets forth stands ofl8;fge trees as a natural or physical amenity which should be protected by cluster development. 16. The Washington Supreme Court has encouraged the clustering of development in an effort to protect environmentally fragile areas and natural amenities. In ruling on a planned unit development (PUD) which is a method of allowing smaller lot sizes, the court, stated in The Estate of Friedman v. Pierce County. 112 Wn. 2d. 68 (1989), as follõws: ( A PUD achieves flexibility by peffilitting specific modifications of the usual zoning standards as applied to a particular parceL.One benefit of the PUD is that "buildings may be clustered in the most advantageous locations while environmentally fragile areas and natural amenities' are left undeveloped....Large open areas useful for natural amenity and active and passive recreation can be retained without sacrificing developing intensity." R. Settle, Washington Land Use and Environmental Law and Practice, Section 2.12 (c), at 68 (1983)..."[A PUD] peffilitS the developer of a qualifying site to be dispensed from otherwise applicable zoning regulations in exchange for submitting to detailed, tailored regulation. The developer gains choice; the public gains precise control." R. Settle, Section 2.12 (c) at 68. 112 Wn. 2d. 68 at 82. ( .,.- Section 20-154 FWCC authorizes a clustered subdivision similar to a PUD as was discussed by the court. Such developments are favorably viewed by the courts and land use .experts. In the case of Lutz v. Longview, 83 Wn. 2d. 566 (1974), our court discussed the difference between a subdivision developed under traditional zoning and a subdivision developed under a planned unit development as follows: . Traditional zoning has had the virtue of certainty and the handicap of rigidity. A designated zone authorized certain uses, and no others, absent a variance. While a rezone into a more pennissive . class might accommodate a desirable use, it might also allow an undesirable one. In short, the zoning authority was unable to tailor a specific desirable development to a particular tract of land if it invoLved uses which might cut across a number Exiil B IT .A- PAGE-1Q_OF ß " I( ( Blackberry HilllProcess III August 2, 1994 Page - 6 17, ,( ( classifications - unless the tract were rezoned to accommodate the most liberal element. In contrast, the PUD achieves flexibility by permitting specific modifications of the customary zoning standards as applied to a particular parceL The developer is not given cart blanche authority to make any use which would be permitted under traditional zoning. 83 Wn. 2d. 566 at 568. In the Lutz case the PUD involved ,development of two multi-family buildings on a large parcel of property leaving a substantial portion of the site in open space. In the present case, the applicant proposes eleven single family residential lots in the south portion of the plat. The applicant is retaining a large tract of open space wruch contains a significant stand of trees in the north portion of the site. Such provides a significant benefit for both abutting properties and the community in general. Development of the plat as proposed improves the quality of water entering the wetland by pretreating storm water through a biofiltration swale. Traffic safety is improved by eliminating driveway accesses from South 312th Street, while at the - same time contributing insignificant additional traffic on said road. Developrnent of the plat as proposed also provides the City an opportunity to acquire at no expense a regional detention facility of more than sufficient size ~o serve the entire Teabos Depression drainage area, and in addition, to, require improvements to the outlet which will aid downstream flooding. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 2. 3. 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. - - .-- The preliminary plat of Blackberry Hill satisfies the criteria set forth in Sections 20-154 and 20-155 FWCC such that a clustered subdivision should be approved. The applicant has adequately mitigated wetland impacts, traffic concerns, storm drainage, and down stream flooding. RECOMMENDATION: The City Council should approve the proposed preliminary plat of Blackberry Hill in its present configuration. EXHIBIT A PAGEKOF 1$ ( Blackberry Hill/Process III August 2, 1994 Page - 7 '- DATED THIS :¿tl- DAY OF August, 1994. ( ',<-:',<l , . ( N K. CAUSSEAux, JR. ng Examiner - ( - - EXHIBIT If PAGE~OF~ .( ( RIGHTS TO RECONSIDERATION AND CHALLENGE (( Any person who has a right to challenge a recommendation under the Federal Way Zoning Code. may request the Hearing Examiner to reconsider any aspect of his or her recommendation by delivering a written request for reconsideration to the Department of Community Development within seven (7) calendar days after the date of issuance of the Hearing Examiner's recommendation. The person requesting the reconsideration shall specify in the request what aspect of the recommendation he or she wishes to have reconsidered. and the reason for the request. The distribution of the request and the response to the request shall be governed pursuant to the provisions of the Federal Way Zoning Code. Within ten (10) working days after receiving a request for reconsideration, the Hearing Examiner shall notify the persons who have a right to challenge under the Federal Way Zoning Code, whether or not the . recommendation will be reconsidered. The Hearing Examiner may reconsider the recommendation only if he or she concludes that there is substantial merit in the request. The process of the reconsideration will be followed in accordance with the Federal Way Zoning Code. The recommendation of the Hearing Examiner may be challenged by any person who is to receive a copy of that recommendation. That challenge, in the form of a letter of challenge, must be delivered to the Department of Community Development within fourteen (14) calendar days after the issuance o.f the Hearing Examiner's recommendation or, if a request for reconsideration is filed, then within fourteen (14) calendar days of either the recommendation of the Hearing Examin~r denying the request for reconsideration or the reconsidered recommendation. The letter of challenge must contain a clear reference to the matter being challenged and a statement of the specific factual findings and conclusions of the Hearing Examiner disputed by the person filing the challenge. The person filing the challenge shall include, with the letter of challenge, the fee established by the City. The challenge will not be accepted unless it is accompanied by the required fee. The recommendation of the Hearing Examiner may be challenged whether or not there was a request to rèconsider the Hearing Examiner's recommendation. Any challenge of the Hearing Examiner's recommendation will be heard by the Feàeral Way City Council. EXHIBIT J PAGE~OF ~ " (;AN -WES HOMES, INc) ( 18000 72ND AVENlJE SOUfH, SUITE 206 KENT, WASHINGTON 98032 PHONE: (206) 251-4020 FAX: (206) 251-4021 EXHIBIT C August 18, 1994 City Council of Federal Way 33530 1st Ave. S. Federal Way, WA 98003 To City Council: This letter is presented to help you understand our reasons for designing the plat the way , we did and to clear up some points. ( l. It was suggested at the last council meeting that the lots should have been clustered in the back of the property instead ofthe fÌont. We clustered them in ftont because there were few trees in front and mostly blackberry bushes and brush, while in the back there is a beautiful stand of conifer trees that we wish to preselVe. See the attached tree inventory. 2. We could have done a conventional subdivision using all the land. In fact the code requires that we demonstrate our ability to do that before we could use the cluster method. See "Alternative B 7200 Sq. Ft." attached. 3. The 'intent' of the cluster method was brought up at the last meeting. The code for a cluster subdivision as referenced by FWCC 20-154 is as follows: III 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.. Lots created in a cluster subdivision 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 subdivision plat. Open space. created by cluster subdivisions shall be protected fÌom further subdivision or development by covenants filed and recorded with the final plat of the subdivision. EXHIBIT It PAGE2[OF aI ( ( . '1' Page 2. City Council of Federal Way August 18, 1994 4. We have been working with staff for two years and four months in an effort to work out all the problems. The design has been changed many times aheady. 5. One council person suggested we move Lot 2 back and create an open space buffer. We thought that was a good idea so we are revising our design by moving Lot 2 back 20 feet. There is aheady a buffer about 14 feet in back of the side walk that is part of the right of way. This will make a total of 34 feet of buffer where we will place an entrance monument on the 20 feet. We will landscape the 34 foot entrance buffer and provide for a homeowner's association to maintain the buffer. We will do the same on the City's side of the entrance provided the City grants a 20 foot easetnent for the purpose. By this action it will provide the suggested buffer and keep the brush and blackberry bushes fÌom blocking the visual problem for vehicles exiting onto South 3 12th. Our revised plan is attached. 6. We think that this plat will enhance the area, improve the existing access for property owners, and improve the water quality entering the wetland. This project will also provide a regional storm water holding pond for the City, and preselVe a beautiful stand of large trees, expand sewer access to other properties adjacent to this location that are currently using septic systems. There has been no opposition ITom the public or other regulatory bodies to this plat. We respectfully request that you approve this plat as amended and grant us an easement so that we can create a beautifully landscaped entrance. Sincerely Yours, #«/~ Watt Schaefer, Vice President Ene. c: Mike TIlOmas, City of Federal Way Planner T ouma Engineers File EXHIBIT It PAG E ZS OF 2,~ ",I I \.J ( ( t . ~ , . . ! i #. >'¡I. ~ >'¡I. '* #- Î. # *, 'J1. .'j1. i -4# ~ ~ ' )!I., ~ .#-~ ¡¡ ~ #- ~ ~ ~ ¡# :~ ~ ~ #.J>li >\<.. . I' .' ~ ¡fr.,. ~ ~ ~ i~'. 'I(. '§¡. ;¡. .:-f. j ~ Q # ~~. W~ ~~ ..J. : ~~. ~ A. 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L L_- PORTION CONVE:'ŒD TO KING COUNTY FOR SOUTH BY /NSTRUME:NTS RE:CORDE:D UNDER RecORDING 8, AND NO, 8605200324, KING COUNTY WASHINGTON. DE:><t~/O'N£~' JAH.W,S HOIA,5, '^~ 'BO:>O 7>NO A": so. SUlrr 206 "'Hr WA. ..OJ2 PHON' /-206-2>1-4020 rowA ,H(¡IN/IRS ,.... ~ VALLEY NWY SE:A T1l£ WA ...OO PHONE: '-206-255-4100 --- ---- ~ ~ ~ 1ST A VE SOUTH ~ ""'N£TH" O>t£R ,.... ~ VAUlY HK'f SE:AT1l£ WA ..... PHONE' '-206-255-4100 -------- PLATTiNG CATA £)0$1".. 1'- ARE:A .' ""°"""'. A"'W3i';O -.,- 'a"" .."" SIIi-"L~ ."... ;::1';LY ~ ~ '" ~ ~ smc".:ot""'" _"SIIIIcr. PO""" ~ IN<s. os noo z.:u ACRES " .O" Fr1XJIAL IrAY WArrR _neT Fr1XJIAL rAY S£IIØ ....-T No. "O 1lD£1fAL O'AY , No. J9 - IQNI; CfNHTY !'IJclr SQfJHD POll£/! . UGHT "" us IO£ST _TON NAIVRAL <AS "" /'IAr M-'I' QTY OF FE:DOIAL rAY STANDARDS LOT OIIÆN1IONS ARE: SV8.£CT '" FINAL I'U.r CALCLtAIICHS. CONIWRS ARC &Ul1> ON ItrA$ .. """ I£=A- ",TAL AREA 01" snr is IIOO£RATE: '" HE:Avr co..,. IO/H <>£RCR£E1< JIN'I.J: AI/D AUJ£R IR£CS. <RADIIII> - _0tNG IOU. BE: I'RO/'Oss> FOR CONSlRucnON OF STRlEIS AM> H<>/fS. STRUCUfC5, /HERE: ÐOST A SINQE -" ON 51'" HOUSE: Of" "DiAl". CONCR£Tr PAno - SHE:D IOU. BE: RELOCJITrO OR <Dial£!), GRE:YSTONE: APARIHE:NTS ,E11T -:;- '~N:::"'~_- -' -. - ,. ----'- ~ >- Íl it ~ ~ ~ I!'~ . ~ - " ~ ffi i Ut i :1:. ~h III '~ t- I '( "'.. , ~ i! ~ i }øn~ ~ ~ ~\ \ I -.. -Jh :ts Q. >->- C:::a:: es~ ~ ~a ua:: <;(Q. -J Cb ~ i ""'.. ....-,-02/ ........... .. .'/'" .......-. ~ >ŒH ..... ...~ ........ .... ,.oo ..-- 711"f , 7", 7""", BLACKBERRY HILL A POR1lON OF THE N.W.1/4 OF SEC11ON a. TOWNSHIP 21 N., RANGE 4 E., WM aTY OF FEDERAL WAY, KING COUNTY, WASHINGTON / -- --I I , ' / --- ....It I _L CUNE DA T þ,I -. -- 6B 07J1C rt1 ¡ , , 8CALEt 1'-40' 1MCT' A OPEN . ÞŒ 37'- oL - - PIIOItCIIOII ~-_1II1D5,""7 ~ II II - . § . L.EOEPD . -lEI"""" SlID. - U. ,..., 8_SEI ~ - . tME 1--:. ~'{' --- 18:~~. ~COIEDClllC.IØI. t RUG IH2-t1 ¡ i:~ I "I I ~... I : I _CFUJr' "1 ~ -- ¡ia ~ . af~: ~ ~~( I Of' Ii I' II i ~ I ¡ IU ¡ I I II I ¡ . : ,. ¡i- , ! EXHIBIT ! § . ¡ ¡i Ii ~ I 11~£!?aJ. ¡ P^ tÞE 'OF I II I: oL. IF: J-\~ _._~ ¥~u.-_n.- ~ '- - - ~---- J ~ , =~ :¡ a ... ST. ~ ~I- ---_.mar_-------~---_.2.- =~- N ~.-------- -------",-- SlJIVEYar8 u:t11~1E (118 OF....,.. I I HEREBY CERI1'Y _T 'I1itS PlAT OF ~ HIU. IS BASED UPON All ACT\.W. SUII\/EY ÞHIJ $UIICMSICII OF SECI1OII 8, TOWNSIW' 21 ~ RANCE 4 EAST. ..11.. IN KINGI CCUNI'I'. WASHINGTOII. _T THE COURSES ÞHIJ DlSTNIŒS ME. SHOWN COAR£CI1.V 1H£REON; THAT WONUIIÐITS WIlL IE SET ÞHIJ THE UJT COIINERS STAIŒD CORRE'C11.V ON THE GIIOUIID ÞHIJ _T I HAIlE RJlLV COWPUED WIIH THE PIICMSIOHS OF THE PlAmNC REGUlAlIONS. ,LEN and eøEEFN1 3721 S. 352nd Sf. AlØ.IW, WA tIICOI C2SJ) 174-0l5Il SH:ET 1 a: 3 SH:ET8 ~~ J?j #.-:j œR11FICA1E NO. 103111 an' a: FE:SW.. WAY A.E NO. sæ 82-0004 120' I ~ I I~ BLACKBERRY HILL A PORTION OF THE N.W. 1/4 OF SEC11ON 8, TOWNSHIP 21 N., RANGE 4 E., W.M. erry OF ÆDEAAL WAY, KING COUNTY, WASHINGTON DI3JCA 'OON - AU. PEDP\.E .... 1HESE PA£sENTS 1*T WE. 11£ UOI)ERSDIED OWNERS OF NTER£ST IN 11£ I.NID HER£In' SUIIDMDED. HER£In' DECIJoRE 11115 ~T TO 1£ 11£ GIW'HIC IŒPIÐÐITATDI OF 11£ SLIBDMSION WDE HEREBI'. N/C) DO HER£In' ŒDlCATE TO 'tHE USE OF 11£ P\BJC FCAE\IER ~ S11IŒr5 N/C) M/ENUES NOT - AS _ATE HEREDN AND DEDCA1E 11£ USE 1HEJIEDF RR AU. PI8JC PIR'OSES NOT IICCNSISTENT IIIni THE USE 1HEJÐf" RR P\BJC _Y I'UIFOSlS. IIitD /It!iD 11£ - 10 MIIICE AU. NECES!Wft' St.DPES FOR CUIS N/C) fUS IFON 1HE I.DIS - - Ii 1HE DIIIGIIUIL IIEASONABI.£ CIWIIC OF !N) SIREE1S N/C) NÐIÆS. IN) FURTHER IIEDICm: TO 1HE USE OF 1HE PI8JC AU. 11£ rASDIÐITS - ON 11115 ~T RR AU. P\BJC PURPOSES AS INDICA'IEI) THER£CN. IIICI..LØIC, BUT lICIT uwnm 10 UI1LI11ES IMJ DRMW:E UNLESS SUCH ~ OR 1IW:T5 - SPECII'1QU. Y ŒHIFED ON 11115 Pl.AT AS IIEIIG DEDICo\1ED OR a»MYED 10 A PER5CN OR OOITY cm£R lIWI THE PUBUC. Ii ...:H CASE WE DO HER£In' DEDICo\TE SUCH SIRŒIS. rASÐIDIIS, OR 1IW:T5 TO 11£ PERSIIII OR ÐI1IIY ŒHIFED N/C) FOR 11£ PUIIPOSED swm. F\JImÐI, 11£ ,~ OWNERS OF 1HE ~ - SIIINDED. WMIE RR 'IHDISEL~ no HEIRS IN) - IN) - PO5Q OR Ðm1Y ~ 1111£ I'N* 1HE 1.INDEJISICNEt). - IMJ AU. QMIS FOR IWIIGES ~ em OF FUIEIW. IIIIY. ns SUCCESSORS MD ASSIGNS ...:H !MY 1£ IICCASDIED .... 11£ ESrA8Ll5HWENT. CØISœJC11QN. OR IMIN1ÐWICE OF IIWJS. IN)/OR - S'tSTEIIIS lIMN 1It5 SUIICMSIDII OR cm£R lIWI CI.WS 1lESl.L11IIC I'N* IMCEaUIITE ~ 1'1' '!ME em OF FUIEIW. _Yo FI.IIm£R. 11£ UNDERSDIED OWNERS OF 11£ LIIND HEREII'I' 5L8IMDED. oIGREE FOR 'lHDlSELVES. 'IHE]R HEIRS IMJ ASSIGIIS 1'0 _'N AND -.0 '!ME CITY OF FEDEIW. -Yo ITS SUCCESSORS N/C) ASSICIIS. -LESS ~ - ~ IICI.IDNC - COSTS OF DEFENSE. ClMIED 8'1' PERSONS 81ItN OR 1llni0UT 11115 SIØ)MS()N TO ~~ BEEN c:AIJ5ED 8'1' AL1ERA11ONS OF 11£ GIIDUND SURFACE. 1IEIòETAT1QN. DRMIoIŒ. OR SURFACE OR SUB-SURfACE -TER FlOWS - lHI5 SUIIDMSION DR 8Y EST-..sHMEHT. aJNSTRUCT1ON DR ~E OF 1HE IICWIS WI1HII lHI5 SUØDMSIOH f'IIOW[ 11115 - AND 1ÐDiIIIf1CAT1QN SHo\I.1. lICIT 1£ CDNS11IUED AS IIElEASINC 11£ an' OF F'EDERAL -yo ns SUCCESSORS OR ASSIGNS. ~ ~ FOR IWIIIŒS. IICI.IDNC 11£ CX)ST OF ŒfÐI5E 1lESl.L11IIC Ii WHOI.£ OR PART "-* 11£ tGUIZJICE OF 11£ an' OF RDEJIAL WAY. ns su:::c:ESSORIi DR ASSICN5. 1HIS SIJBCMSION, ŒDICAl1CN. IIAIYER OF CI.WS N/C) ~ 1'0 HCLD -..ESS IS w.œ IIIni 11£ AlEE CONSEII1' IMJ Ii ACCOAIWICE WITH 1HE DESIRES OF SAID OWNERS. . ~;; - - 'Jk....l K-m//~ ".¡-:: USIIET SEll. ciJ /~ ~":!-"'---- ~ <..-. - -------~ - v,U" SEATIU: IIORnõAGË .IN-HIES HOlIES. IÍÍC. -"'7 ~/_...,r ~ STATE OF WASHINGTON CCUIITY OF \(; "j I CERI1fY _T I ~ OR KA'¥E S,irISFN::TORY E.WÐICE _T r.'J-"" 111. '.,ç = "oJ i.\...,," to . ...\~ SICII£D'IHIS INSTIIUWENT N/C) ~ - If 1'0 1£..:!:6.i.c- f1Ð: N/C) \IDWIIT- N::r FOR 11£ USES AND PURPOSES YEHIDIED Ii 11£ 1II$IIIUIoIÐIT. ..---- \ Do\TE!) Ie 12~d I , :r~ ' w..~... IS, (,~,-' CARRIAIINE 1A~~Dt. aUT[, or WASIINGTC:I IOTARY-- III8.IC . - I11III"- 1111£ 67ri . ----""-- In' APPOIN'IMENT EXPIRES ?-'J./,cr STATE Of' WASHINGTON CCUIITY OF ~O I CERI1fY _T I ICNIJW OR KA'¥E SATlSFN::TORY E\IIOÐICE _T ~ _'I SIGHED THIS IHST1IUIIOO I>HD ACICNOWI.LDGED If TO 1£ ~ f1Ð: N/C) VOWNT- N::r FOR 'IIi[ USES AND PURPOSES YEHIDIED Ii 11£ ~ . Do\TE!) rv"- SlCNATUREOF~- NOTNrf PUØI.IC:-7 - \.jI ~ 1111£ "In:: .ÞAcI~ ILfIIn& u.eø. "'11 Of '0""" IOTMY-I'\IU ---- In' N'POIIffiIENT EXPIRES YflJ' STATE Of' WASHIHGTON CCUIITY OF 1I.!.o.n I CER'I1FY TWJ I ICNOII OR HAIlE SATlSFN::TORY ~ THAT ~ ~ I!:1tUdI SIGNED 1HIS 1ISIIUoENT. ON Do\'IIi srATE!) ~T ( IMS MJTHCRIZEI) '10 EXECUTE 'tHE IN511UIEIIT MD ~ IT AS 1HE 'olio!: ......... OF ~ -.. TO 1£ 1HE AlEE MD \QJJNTARY N:f OF SUCH PARTY FOR 1HE USES AND PURPOSES IIEII11ONED Ii 11£ 1N511UIEIIT. II.I1IOA ¡øIOII STOlt 0' ~ IIITIII'I-fI8JC --- ~TE!) 'o/'~I. :v~ 111\£ Via, "~ÞÐilr In' APPOIN'IMENT EXPIRES :' 'lfD I NfY (Y: R=nI=A.U WII. Y FLJ:: NO ø IB ~ STATE Of' WASHINGTON CDUIITY OF ~ . -:> I CERI1fY THAT I KNOW OR HAIlE SATlSFN::TORY EWJENCE THAT 11\;,11..\ ~ L...."... ~ ~1J: ~A~ ~1c~~ 1~ AUTHORIZED : ~ ~, \ 1'0 1£ 1HE AlEE />H) 'IOlUIITM'I' ÞCr OF SUCH PIoR!Y FOR 'lliE USES AND PURPOSES IIEII11ONED Ii 1HE 1N5TRUIIENT. f Do\TE!) fe' '" "q " SIGNATURE OF Î ¡-' 'I NOTNrf PUIIUC ,;""~,~ I Ú. .tL....: CARRIAIIII[ IALLDU ITAT[ or WASHINGTON IIOTARY--I'UBUC If - -...- r.,---- 1111£ , '-'f'c In' N'POINTWENT EXPIRES (,.... ~/'Ol STATE OF ~HINGTON COUNTY or '~li'A I CERT1FY 1*T I I<NOW OR HAIlE SATISFACTORY EI/IOENCE _T ¡hu {):-¡.:7 '" I.. L =..r: ~1J: ~A~ ~~AS AUTHORIZED : ~ TIiE 1'0 BE 1HE AlEE IMJ 'IOlUIITNrf ÞCr OF SUCH PIoR!Y FOR 11£ USES AND PURPOSES IIEII11ONED Ii 'lliE 1N5TRUWEIIT. -... ", :--<-+'., '-", Do\TED ~~ ,~ :VruÆ~ ;m UA ";?:,~:.;::--' 111\£ II\" APPOINT\EHT EXPIRES 3b1 02. ÆCOfI:JtÐ \,;CM I ~ 1E FILED FOR IIECOAD AT 11£ IIEQUESf OF TIiE FtDERAL WAY CITY COUNCIL 'lli1S Do\Y OF A.D. I", AT~ PAST_II.. AND RECOIIoEo~IIE- OF ~TS. PN:£-. IIiECOROS OF lONG COUNTY, lONG CCUIITY. WASHlNCTON DMSION or IIECORDS AND E1£CTIONS IWIoIGER SUPERINTENDENT OF RECORDS EUM:YOR'S CE::t11 h.;A 1E I HER£In' CER11N _T THIS Pl.AT OF IUCIC8ERRY HILL IS BASED UPON AN AC1IJAL $UINEY AND SUIIOMSION OF S£CI1ON a. 1'CMNSHIP 21 NORTH. RANCE 4 EAST. W.II.. IN KING COUNTY. WASHINCTON. _T TIiE COUItSES N/C) DISTANCES ARE SHOWN CORRECTlY 'lliEREDN: THAT IoIOHUIIENTS WILL 1£ SET I>HD 1HE LOT CORNERS srAKED CORRECTlY ON 'lliE GROUND AND _T I KA\IE flJU.Y COUPUED WIn< 11£ PIO/ISIONS OF 'lliE PLAmNG REGULAT1OHS. ~- {!j.Æ-£ J. GNITZ CERI1f1CATE lID. 103111 SIJI\IEY CCIIIDUCTED 1'1' fElI ~AL srATION.1""\ - IIŒIS OR DrŒIDS WoIC J:SH'1iiì8^ n I D I I ~ 3721 a 352nd sr. AtØØI, W A 88001 (2$J) 874-0151 2 Œ 3 8H:ET8 8I-EET BLACKBERRY HILL A PORTION OF lHE N.W. 1/4 OF SECTION 8, TOWNSHIP 21 N., AANŒ 4 E., W N.. CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON u:aAL. DE8iCRPOON THOSE PORT1ONS Of' THE SCUIHWEST QIWI1ER OF 1"£ NOII1HWEST QUARTER Of' 5ECOON 8. TOWNSHIP 21 NORTH. - 4 EAST. W.II.. IN KIN: CCUN1Y. WASHINGTON. DESCR1BED ÞS FOlI.CWS: APPRO¥ AI..S DEPARTMENT Of" COWWUNITY DEVELOPWENT ÐCAYNED AND APPRO\IED THIS -~Y Of' 1;;8 PUIIUC WORKS DIRECTOR EXAIoIIHED AND APPRO\IED THIS _OIlY DF 1;;8 DIRECTOR Of' ~ DEVEL.DPIIÐI1' FEDERAL WAY CITY COUNCIL ÐCAYNED AND APPRO\IED THIS _OIlY OF 1;;8 ""'IOR. CI1Y Of' I'EDEIW. ",Y ATIES'T CI1Y ClERK KING COUNTY DEPARTMENT OF ASSESSIotENTS ~ AND APPRO\IED THIS -~Y Of' 1;;8 ICING COUIITY ASSESSOR DEPU1Y KING COUNTY ASSESSOR ACCOUNT NUWIIER FINANCE DMSlON CERTIFICATE I HEREBI' CERTFY THAT AU. PROPERTY TAXES ARE PAID. THAT THERE ARE NO DEUNQUENT SPECIAL ASS£SSWEN!S CERTFlED TO THIS 0f'F1CE FOR COU£C1'IOI< AND THAT AU. SPECIAL ASSESSWENTS' . CÐmF1ED TO THIS omcE FeR ~ ON ÞHY Of' THE PROPER1Y HEREIN CONTAINED. DEDICATED ÞS SIIIEETS, ALJ.E\'S OR FeR ÞHY - PUIIUC USE. ARE PAID IN FUll.. THIS _OIlY OF . 1;;8. wa: DMSION IINIAGER. FIIWCE DMSION DEPUTY EASBÆM' PRCMBIONS NÐ ÆæRV A 11ONS A NON-EXCWSM: EASEIIENT IS HEREBY RESERVED FOR AND GRANTED TO ÞHY PUBUC AND/OR FlW/CHISE UTIlITY AND THEIR RESPECTM: SUCCE5SORS AND ASSIGNS. AND THE CITY OF FtDEIW. WAY. UNDER AND UPON THE 'JÐ (10) FEET PARAU..EI. WITH AND ADJOINING THE FRONT FIVE (S) FEET WHICH IS P-.LEl. WITH AND ADJOINING THE ~ COURT SOI1TH FRONTAGE Of' AU. LD1S AND 'I1W:1'S IN WHICH TO INS'TAIJ.. LAY. CONSIIIUCT. RENEW. OPÐIATE AND IIAINTAIN UNDERGROUND PIPE. CONDUIT. CAIIlLS. WIRES. WATER IIE1tR5 AND FIRE K'IDRANTS WITH NECESSARY FAClLmES AND OTHER EQUIPIIENT FOR THE PURPOSE Of' SEIMNG THIS SUIIOMSION AND cmÐI PROPER1Y WITH ELECTRIC. CA8l.E 'IV. TELEPHONE. GAS AND aTHER UTIU1Y SEJMCES 1CGlTHER WITH THE IIIGH1" TO ENTER UPON THE LD1S AND 'I1W:1'S AT AU. TIllES FOR THE PURPOSES HEREIN STATED, THESE EASEIIEHTS ENTERED UPON FOR THESE PURPOSES SIW.1. BE RESTORED ÞS NEN! ÞS POSSIBLE TO THEIR ORICINAL CONomON, NO VTlUTY UNES SHALL BE PlACED OR PERIIITTED TO BE P~ED UPON ÞHY LOT OR TIW:T UNL.ESS THE SAllE SHAll. BE INJERGROUND OR IN CONDUIT AlTACHED TO A BUIlDING, AN EA5EWENT" IS HEREBI' IRRE'o'CCAIILY IIE5ERVED FOR AND CRANTED TO lAIŒHA\IEN VTlUTY DIST1IICl" FOR SO LONG ÞS IT. OR ÞHY ASSIGN OR THEIR SUCCESSOR IN INTEREST. SIW.1. OWN AND IIAINTAIN THE VTlLmES IIEftRENCEI) HERE1N UNDER AND UPON THE AREA SHOWN ON THE PlAT AND DESCRIBED HEREIN ÞS "WATER EA5EIIENT" OR .$EWER EASEIIEN1" TO INSTAIJ.. IlAlNTAlN. REPLACE. REPAIR AND OPERATE WATER AND SEWER IIAINS AND APPIJRTENANCES FOR THIS SUDIIISION AND OTHER PROPER'TY TOGETHER WITH THE RIGHT TO ENTER UPON SAID EASEIIENTS AT AU. 11IIES FOR THE PURPOSE STATED. NO BUILDING. WALl.. ROCKERY, FENCE, TREES OR STRUC'I\JRE Of' ÞHY KIND SHALL BE ERECTED DR PlANTED. NOR SHAll. ÞHY FILL ""TERIAl BE Pl.OCED WITHIN THE BOUNDARIES OF SAID EASEIIENT AREA. NO EXCAVATION SHAll. BE WADE WITHIN THREE F'EET Of' ~D WATER OR SEWER SEIMCE FAClLmES AND THE SURFACE L£VEL Of' THE GROUND WITHIN THE EASEIIENT AR£A SIW.L BE IIAINTAINED AT THE ELEVATION ÞS CURRENTLY EXl5nNG. CIW/TOR ADDfTIONAU.Y GRANTS TO THE GIWITE£. THE USE Of' SUCH ADOII1ONAL AREA ...IIEDlATEl.Y AO.JACENT TO ~D EASDotENT AREA ÞS SHAll. lIE REQUIRED FOR THE CONS'IWUCI1ON. RECONSTRUCTION. IIAIH1ÐIANCE AND OPERATION OF SAID WATER OR SEWER FACIUT1E5. THE USE Of' SUCH ADDITlONAI. AR£A SHAlL BE HELD TO A REASONAIILE IIINIIIUII AND BE RETURHED TO THE CDIDIT1ON EXI5T1NG aAlEDlATEl.Y BEFORE THE PROPERTY WÞS ENTERED UPON BY GRANTEE DR ITS AGEHTS. IN ADDIT1ON TO THE OTHER RESTRICI1ONS HERÐN. CIW/TOR SHAll. NOT CONIIEY TO A THIRD PÞRTY ÞHY EA5EIIENT OR OTHER RIGHT OF USAGE IN THE E'ASEIIENT AR£A HEREIN IDENT1F1ED ÞS EXCLUSI'Æ "WATER EASEIIENT" UNDER AND UPON THE FIVE FE£T ADJOINING THE THIRD COURT SOUTH FRONTAGE Of' AU. LD1S AND 'I1W:1'S: EXCEPT THQS( PEiIP'!:NOIC:t. CROSSINGS NECESSARY FOR OTHER UT1UT1ES TO ACCESS THE U11UTY EASEIIENT SITUATED AC.W::ENT TO SAID EXCL.USIV( WATER IIAIN EASEIIENT AND SEPARATED THEREBY n.JII THE PUIIUC RIGHT-oF-WAY. PROWŒD SAID CROSSINGS ARE HElD TO A REASONABlE IIINIIIUII. SlJM:Y0R'S ~ ,""""'1E I HER£III' CERTFY THAT THIS PlAT Of' IUCKIIERIn' HIlL IS IIA5ED UPON ,j ACTUAl. 5URV£Y N«J SUIIDMSION Of 5ECT1ON 8. 'IOWNSHIP 21 NORTIi. RANGE 4 EAST. W.II.. IN KING COUNTY. '~. THAT THE COURSES AND DISTANCES ARE SHOwN CORRECTI.Y THEREON; THAT UoIENTS WIll. lIE SET AND THE lOT CORNERS STAKED CORRECTLY ON THE GROUND AND THAT AVE FULLY COIIPUED WITH THE PRO\IISIONS Of' THE PlATTING REGUlATIONS, .é-.-£I ~-5 0NI0R0 ~. ŒII'T1f1CATE NO. 103111 CITY OF FECERAI.. WAY FLE NO, SUB a2-<1OO4 PARCEL A:. lOT(S) 1 AND 2, SHORT PlAT NO. 8810lIO. RECOROt! UNDER RECORDING NO. 8211610841. RECORDS OF ICING COUNTY. WÞSHINGT'D>'. EXCEPT THQS( POR11ONS COMIEYED TO ICING COUNT' ;rr DEEDS RECORDED UNDER RECORDING NOS. 1I&œ200J24 AND 1I6O72S114/1, PARCEL B: PARCEl 1. KING COUN1Y SHORT PlAT NO. 7711OOS. IE::R)EQ UNDER RECORDING NO. 7811020lI4O; EXCEPT -1' PORI1ON THEIIEOf' CQNDaMED lIT ICING COUNTY .. KING COUNTY SUPERIOR COURT CAUSE NO. 17-2-01874- EXCEPT THE NORTH JOO FW. AU. SITUATE IN THE COUN1Y Of KING. STATE Of' WASIMõ1I)N. PLAT NO1E8 1 . DOWNSPOUT NOTE: AU. BUIlDING DOWNSPOUTS. "JOT»(¡ DRAINS AND DRAINS FROII AU. IIlPERVIOUS SURF..œs SUCH ÞS PAT1D5 MIl DRNtWA'I'S SIW.L lIE CONNEcTED TO THE N'PRCYED PERIWÐIT STORII - 0UTl£T <Ii SHOWN ON THE APPRO\IED CQNS11IUCT1OI - ON FI.E WITH THE an' Of 'EDEIW. WAY PIØJC IIORICS DEPARIWDfT UNDER PIIOoJECf NO THIS PlAN 5HAI.L E -= WITH THE N'PI.JC:AT1DN Fa! - ØUII.DIIC I'£IUT. .... CONNECT1ON5 OF THE DRAINS IIUST lIE CON5TRUC1ED AND IoPPRO\IED PIIQR TO TIE -- IUIUJING ~ N'Pfff1oIAI... AU. INDI\IIIUAL SIUB-DUTS SHoIU. lIE -my OWNED AND _AlHED BY THE LOT OWNER. AU. SlDRllWATER CDNIIEYANCE 'OoCIUT1ES F1IOII -.xw. LOTS TO THE CATCH IIÞSIN5 III TI£ 5I1IEE15 5HAI.L BE ~ AND IoIAINTAINEQ In' THE INDIIIIDUAI. LDT OIINEIIS. 2. CURING THE COURSE Of CONSTRUCTION Of' />I('( J:1T WITHIN THIS SUBDMSION. STUB-DUT IN\IERT ELEVATIONS FOR STDRIof DRAINAGE _/OR SANITARY SEWER SHALL BE \/ERIFIED BY THE INDMDlW. LOT IIUIlDER OR DMfR TO PRO\IIDE THE NECESSAAY SLOPE FRQI THE PROPOSED HOUSE. 3. ADDRESsES SHOWN HEREON WERE PllCMOED BY;¡r CI1Y Of' I'EDEIW. WAY PRIOR TO THIS PlAT RECORDING - ARE SUIIJECT TO CIWGE. EACH LDT'S ADDRESS WILL BE CONFlRIlED In' THE CITY PRIOR THE OCCUPANCY IF THE DWELLING ON THAT LDT. IF 1Y«) PROPERTY ADDRESS NOTATIONS HAVE BEEN SIQWN FOR ONE LDT. THE ADDRESS THAT WILL BE USED WILL BE DEPENDENT ON THE L.D::.ooN Of' THE DRIVEWAY. 4. PUBUC AND PlWATE DRAINAGE £ASÐIEHT 1IESTRC1CNS: STIIUCTUIIES. FlU.. OR 08STRUCt1DNS (INCUJDING BUT NOT UIIITtD TO IE:ICS. PAT1DS" DU18UIlDINGS. OR ClVERHANGS) SIW.L NOT lIE PERMITTED IIEYDND "fIE ØUII.DIIC 5EI8oOCK LINE DR WITHIN THE DRAINAGE EA5EIIÐITS. ADDI'I1ONAU.Y. GMDNG SHAll. NOT BE AlI.DWED WITHIN THE DRAINAGE EA5EIIEIITS SHOWN ON THE PJjI" - UNlESS OTHERWISE APPRDI/ED In' THE CITY Of' FEDERAL WAY PUBUC WDIItS IXPAImIENT. fENCING SHALL NOT BE PERIIITTED IN ORAIIMGE EASEIIENTS. $. TIW:T. ¡: IS QESlCNA1£D ÞS OPEN SPIoCE AND !WoLL lIE CONSIDERED ÞS A NATlVE GROWTH PRcmcT1ON EASEIIENT (IIGPE). EACt lOT OWNER III THE PlAT HAS A 1/11 UNOMDED INTtREST IN T1£ TRAèT. He oGErATION AND/OR TREES ARE TO lIE CUT AND/OR REIICMD. EXCEPT THOSE WICH ARE DEAD. IMNG. DISEASED. OR CONSIDERED A PåTÐITW. SAFE:TY HAZNID. - JEEl'ATION AND/OR 'IREE REIIOI/IoI. IN THE NGPE REQUIRES THE PIIQR -. Of TIE an' Of' FEDERAL WAY COII_nY ŒVE1.OPII£NT 5ÐMCE5 0fJWI'TIIIENT. NO S11I\JCIUI£ SHoIU. IE CONSTRUCTID AND/OR LOCATED III A NGPE EXCEPT Þ5 NJTHORIZED lIT THE Ð'NmIENT Of' COIIIIUNnY DEVEI.OPIIENT 5fJMCE5, 'IJW:T" A" IS AI.S) SU&JEr' TO THE CONDIT1DNS ÞS SET FORTH IN THE "EASDotENT AGREEIIEN1" EXECUTED IIDIEEN RUSSEll. R. WOlF. U58ET SEll.. AND oIAN-WES HOMES. INC. ON IWICH 14. 1.. AND AIIENOED BY AlTACHIlENT .A" AND _DUll "If, I. A I'DRT1ON Of' TIÞCT "If AIIOUNT1NG TO 1DK D' THE REOUIRED 1:IX OPEN SPACE FOR THE ENTIRE PlAT SHALL BE AVHtJ>a£, ÞS U5EAIIi: OPEN SPACE. THIS SPACE IS 1173 SQUARE FEET. 7. THE PlAT 15 AI.S) SUBJECT TO ADDITIONAl. CONDT1DNS ÞS SET FORTH IN 5.<ID .EASDotENT AGREEIIEN1" EXECUTED II£TWŒN IIUS5EL ~. WOlF. U58ET SEll. AND oIAN-WES HOlIES. INC. ON IWICH 14. 11184 AND AW:<OED BY AlTACHIIENT "A" AND ADDENDUII "If, 8. 'IRACT"1f 15 A PARCEl. SET ASIDE Fa! SITE Do;JoHCE PRESEIIYATION. PINIT1NGS WITHIN THIS TIÞCT SIW.L lIE NO GREA1[R THAN 2,~ ~ HIGH, EACH LDT OWNER SHAll. HAVE A 1/11 UNDMOED INTEREST III THE T1IÇ AND AU. LDT OWNERS SHALL BE EQUALlY RESPONSIBlE FOR THE LNjOSCN'lNG AN: ""'NTENANCE OF SAllE. EXHIBIT C. PAGE~OF GANTZ , LE N 8I'd ENON:EIWÐ ~ 8. Z52nd ST. ALBHt WA 8X) (253) 174-0& &EET 3 a= 3 ~ I I~ IH:ET8 en Q) ~ c: Q) ~ 1i) T""" en SUBJEC SITE) ~ -6> Ï 0 '= .0 8!. S. 312th feet ---~-- ~ ---~-- ----------- ~- -- -- - -- - ------------ L N Federal Way CityMap Exhi bit D BlackbefIY Hill Vicinity Map SCALE 1 : 9303 flbte: This map is intented for use as a graphical representation only, The City of Federal ~y makes no wafiànIy as to its accuracy, fñì (õ) fÃì re CJ? U~ ûù LftJ Lr' U RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE FINAL PLAT OF BLACKBERRY HILL, FEDERAL WAY FILE NO. SUB 98- 0002. WHEREAS, the preliminary plat for Blackberry hill, city of Federal Way File No; SUB 92-0004 was approved on September 6, 1994, by Federal Way Resolution No. 94-182; and WHEREAS, the applicant has satisfied all of the conditions set forth in Resolution No. 94-182 and in the August 12, 1996, Recommendation of the Federal Way Hearing Examiner; and WHEREAS, the applicant has submitted the application for final plat for Blackberry Hill within the required time of receiving approval for the above referenced final plat; and WHEREAS, Ci ty of Federal Way Department of Community Development Services staff, has reviewed the proposed final plat for its conformance to the conditions of the preliminary plat and the Federal Way Hearing Examiner; and WHEREAS, the Land Use and Transportation Council , Committee considered the application for final plat of Blackberry Hill at its November 2, 1998 meeting and recommended approval by the full City Council; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Res. # , Page 1 EXHIBIT f PAGE',_.l.",_OF " Section 1. Findings of Fact. Conditions and Conclusions. 1. The final plat for Blackberry Hill, City of Federal Way File No SUB98-0002 is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effect at the time of the substantially complete application. 2. All conditions as listed in the Federal Way Resolution No. 94-182 and the conditions in the August 12, 1996, Recommendation of the City of Federal Way Hearing Examiner, have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by Federal Way City Code section 22-133. 3. All required improvements have been made and sufficient bond, cash deposit, or assignment of funds have been accepted, or will be accepted, prior to recording by the City of Federal Way as financial guaranty for maintenance of all required plat improvements. 4. All taxes and assessments owing on the property being subdivided have been paid, or will be paid prior to recording the final plat. , Page 2 EXHIBIT ~ PAGE_- J.___OF fl Res. # Section 2. Application approval. Based upon the Findings of Fact, the final plat of Blackberry Hill, Ci ty of Federal Way File No SUB98-0002 is approved, subject to satisfaction of the maintenance conditions that are required by the city. Section 3. Recording. The approved and signed final plat, together with all legal instruments pertaining thereto as required pursuant to all applicable codes, shall be recorded by the applicant in the King County Department of Records. All recording fees shall be paid by the applicant. 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 authori ty 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 , 1998. , Page 3 EXHIBIT E PAGE~_~~.OF~ Res. # CITY OF FEDERAL WAY MAYOR, RONALD GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. K:\RESO\FORM, 11\20\97 , Page 4 EXHIBIT If P AGE -'l-- 0 F -L Res. # -'~-- :> ,.. r ( . -::.- - ..;. ,/ / CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER ----~_.- IN THE MATTER OF: BLACKBERRY HILL UTILITY PROJECT PROCESS II FWHE# 96-12 UPR95-0033 I. SUMMARY OF APPLICATION , The applicant proposes to locate a sanitary sewer line and a biofiltration swale witilln a wetland buffer associated with two wetlands found in what is known as the Teabos Depression (Exhibit A). II. PROCEDURAL INFORMATION Hearing Date: Decision Date: July 30, 1996 August 12, 1996 At the hearing the following presented testimony and evidence: 1. Michael Thomas, Senior Planner, City of Federal Way 2. Walt Shaffer, Applicant At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. Staff Report with all attachments III. FThYJ)INGS 1. The Hearing Examiner has heard testimony, viewed the premises, admitted documentary evidence into the record, and taken this matter under advisement. 2. The Community Development Staff Report sets forth general [IDdings, applicable policies and provisions in this matter and is hereby marked as Exhibit" 1" and incorporated in its entirety by tills reference. 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code. 4. A Mitigated Determination of Non significance was issued by the Environmental Official EXHIBIT -p PAGE_LOF ~ 4f ( ( -2- on May 25, 1996. There was no appeal of said determination. 5. The plat Blackberry Hill which is situated on a 2.34 acre parcel immediately east of the subject property received preliminary plat approval on September 6, 1994. At the time of preliminary plat approval the City Council also approved, as part of the resolution, a reduced wetland setback to allow for the location of a cul-de-sac which will serve the subject plat. The approved design of the preliminary plat had the biofiltration swale located in the northwest portion of the site. The sanitary sewer line was to be extended from the south under S. 312th St. and across to the plat preliminarily within the street right-of-way. The applicant is now requesting to locate the biofiltration swale and a portion of sanitary sewer line in a different location than what was previously approved. In order to locate the proposed facilities within the wetland buffer, the applicant's . proposal must be reviewed and approved under the City's land use review Process II. The decisional criteria for the Process II review is set forth in Federal Way City Code Section 22-1359(D). The criteria is as follows: A. The proposal will not adversely affect water quality. The location of the sewer line and biofiltration swale within the wetland buffer will not adversely affect water quality. Run-off from the plat and cul-de-sac will either be directed through The biofiltration swale prior to discharge into the Teabos depression or be routed in catch basins equipped to cleanse the run-off. To prevent against possible breakage and contamination of surface water, the applicant will be required to use Ductile Iron for any portion of sanitary sewer line located in the wetland buffer. B. The proposal will not destroy or damage the significant habitat area. The buffer is vegetated by alders, blackberry bushes, scotch broom, and invasive grasses which provide little habitat value. The addition of native plants and shrubs as identified in the mitigation plan will provide the potential for increasing habitat value and therefore the proposed intrusion will not adversely affect, destroy, or damage a significant habitat area. . C. The proposal will not adversely affect drainage or storm water retention capabilities. The Teabos depression has the capacity to adequately retain storm water run-off from the surrounding properties and therefore the intrusion will not adversely affect the drainage or storm water retention capabilities. D. The proposal will not lead to unstable earth conditions nor create erosion hazards. Those areas disturbed by earth work to install the sanitary sewer by a biofiltration . swale are required to be replanted with vegetation to reduce the potential for erosion or sloughing. Any earth work must adhere to engineering standards adopted by the city and therefore the intrusion does not appear to lead to unstable earth conditions nor create erosion hazards. E. The proposal will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole including loss of significant open spaces or scenic vista. The site does not represent significant open space nor does EXHIBIT f PAGE~OF .--!L / r ( -3- ( it provide an opportunity to view scenic vistas. The proposed facility is designed to minimize any affect on adjacent property owners. F. It is necessary for reasonable development of the subject property. The proposal to relocate the plat's detention pond and sanitary sewer line is driven by several factors including, but not limited to, the fact that the applicant would have to sink the proposed biofiltration swale on the plat to a depth where it could effectively collect stonn water from the plat resulting in a large hole prohibiting access for maintenance. The proposed location also provides for easy maintenance access and lesser earth work and therefore appears to be necessary for reasonable development of the subject property. . 6. . Prior to obtaining Process II approval, the applicant must establish that the proposal satisfies the criteria set forth in Section 22-443(C). Findings on each of the criteria set forth therein are hereby made as follows: A. The proposal is consistent with the comprehensive plan. The application is consistent with the comprehensive plan policies of mitigating for impacts caused by development and using wetlands as regional storage facilities to promote aquifer recharge (See NEP 11, NEP 37, NEP 41, NEP 42, LUP 7). B. The proposal is consistent with all applicable provisions of the code including those adopted by reference from comprehensive plan in accordance with .the adopted administrative procedures. The City's Development Review Committee reviewed the proposal for confonnance with all codes including provisions of FWCC Section 22-139 regarding intrusions into wetlands and found that with conditions it would be consistent with applicable provisions of the code. C. The proposal is consistent with the public health, safety, and welfare. The review of the project did not identify any affects on the public health, safety, and welfare. The areas of primary concerns such as water quality and loss of wetland and buffer have been reviewed and mitigated through the applicant's development of a mitigation plan. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 2. 1 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. . The applicant's request to locate a sanitary sewer line and a biofiltration swale within a wetland buffer with two wetlands found in what is known as a Teabos depression should be granted subject to the following conditions: A. The applicant must secure from the City of Federal Way, Department of Public EXHIBIT f PAGE..3 OFJ -4- ( ( , , Works, Surface Water Division, an easement for placement of the sanitary sewer line and biofiltration swale. / ./ B. To guard against breakage and possible surface water contaminatíon the diagonal portion of the sewer line (that section that traverses through the wetland buffer) must be constructed of ductile iron. DECISION: The applicant's proposal to locate a biofiltration swale and sewer nne within a wetland buffer area should be approved. DATED THIS E F. McCARTHY Hearing Examiner ~ EXHIBIT f P~AGE 'f OF--1- ( ( A PORTION OF THE: SWO 1/4 OF THE: N.w' 1/4 OF 5 FEDERAL WA Y KING COU. w '" TO'ltNSHfP 2' N., RANGE: 4 E:.. WoW. WASHINGTON 1\ \J"" IN tfCtMTY .,. SCALe " - zoo' lEGAL O£SCRIPT1ON LOT' ANa LOT Z AS OfLINE:A rro ON KING COUNTY SHORT PLA T NO. ",oeo. /fCCOROE:O UNDE:ff ""CORDING NO. 8ZI10,oe4,. fI£INC A _noN or THE: SOUTH'IO£ST CXlARTUf or THE: _THWE:ST CXlARfE:R or SE:CnoN If, TOWNSHIP Z' NORTH. "AN« 4 CAS~ ""AI.. IN KINO COUHTY WASHINOTON. ~T THAT _nON COH\O£)Ð) TO KINO COUHTY rotf SOUTH :1'ZTH $fIIfi'T BY INSffWOIE:NfS IfE:r;OIfDE:D UNDER RE:CORDING NO, B807IS"AB. ANO NO, tHlœsZOO:1ZA. 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" . . , , I , ii iiI "lilt,' Wd-' II '01-"'~ ~<o t'I r'Ì 1 ~II î~ ~. > tleJ ¡~ 4 t ~ C 0( I nil : f EXHIBIT PAGEc._--l,.-.O :.J CITY OF - . ---- EC~ ~~~ DATE: November 2,1998 TO: Phil Watkins, Chair Land Use/Transportation Committ'i"'1. Jeff Pratt, Surface Water Manager ~ FROM: SUBJECT: SW 34Oth Street Regional Storage Facility - Final Project Acceptance 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 Industries requirements. Attached please find the June 10, 1998 memo to the Land Use/Transportation Committee entitled SW 34Oth Street Regional Storage Facility - Bid Award. This memo was presented to the committee as part of a request for permission to award the referenced project. The low project construction bid was $723,103.00 from Scoccolo Construction, Inc. Add to this a Committee approved 10% construction contingency in the amount of $72,310.00 and you arrive at a total approved contract budget of $795,413.00. The final construction cost for the SW 340th Regional Storage Facility project is $720,815.60 - $74,597.40 below the approved construction contract budget of $795,413.00 A summary of the ending project balance follows: Project Costs: Project Design $ 88,801.00 Property acquisition $ 5,000.00 Project Construction Construction Cost (Scoccolo Cons. Inc.) Construction Management $ 720,815.60 $ 30,000.00 Total Project Cost: $ 844,616.60 Council Authorized Budget: $1,017,851.00 Ending PrQject Balance: $173,234.40 Recommendation: Staff recommends that the following item be placed on the November 17, 1998 Council Consent Agenda for approval: 1. Final acceptance of the completed SW 340th Regional Storage Facility, constructed by Scoccolo Construction, Inc. K: ILUTC\1998\SW340ACC. WPD DATE: June 10, 1998 TO: Phil Watkins, Chair Land Use/Transportation Committee Jeff Pratt, Surface Water Manager~ FROM: SUBJECT: SW 34Oth Street Regional Storage Facility - Bid A ward , Background: This item was originally scheduled for your consideration on May 18, 1998. After receipt of a bid protest, the item was pulled from that agenda and the project was rebid. On June 9, 1998, the City received seven rebids from various contractors for the above referenced project. The low-bid contractor for this project is Scoccolo Construction, Inc., with a total bid amount of $723,103.00. This bid amount is 1.6% lower than the average bid of the next three lowest bidders combined, and 13.4% lower than the engineer's estimated construction cost for this project (see attached bid tabulation). Based on the reference checks completed by City staff and by KCM, Inc., the City's Design Consultant on this project, there is no known reason why this low bidder should not be able to successfully complete this project to the City's satisfaction. The project budget status is as follows: Council Authorized Budget Estimated Project Costs $1,017,851.00 $919,214.00 Estimated project cost includes the following: , Design Acquisition Construction: Construction Management Construction 10% Construction contingency $ 88,801.00 $ 5,000.00 $ 30,000.00 $723,103.00 $ 72,310.00 ",~",,:n",',--. . Total Costs $919,214.00 Recommendations: Staff recommends the award of this project to the lowest responsive, responsible bidder, Scoccolo Construction, Inc., in the amount of $723,103.00 and that a 10 % construction contingency totaling $72,310.00 be established for the project. In addition, staff recommends that this matter be placed on the June 16, 1998 City Council meeting consent agenda for their consideration. K:\UITC\SW340BID.WPD - .~ , -- Bid Tabulation "RFB 98.105 Rebid" BID OPENING .8 June. '998 SW 340th Street Regional Storage Facility IBid 1 Bid! , Bid 3 "'<14 Vendor Name -> ~~":':"'Sea'" - Drool. ConstrucUon Gary Me~1no ConstIUctIon Ydk:o. Inc Campbel ConsI Co. Inc. !Tucct & Sons, Inc. Locallon -> PO Box 370 Sumner 12510111 Ave S SeetIIe 171137 Cedar GI'OYII Ad SE 2702 50th N Taœma 4224 Waner Road Tacom Item Amount Price Totat Price Total Price Total Pr1ce Total Price Total PrIce Total PrIce Total PrIce Total 1 MobIIzaaon 1 75.000.00 75,000.00 128,000.00 128,000.00 70,000.00 70.000.00 &4,000.00 &4.000.00 50.000.00 50,000.00 64,500.00 64,500.00 45,000.00 45,000.00 63.193.00 63,193.00 2 Oearlng and Grubbing 2.4 5.000.00 12.000.00 985.00 2,3&4.00 7,500.00 18,000.00 7,500.00 18,000.00 16.656.57 40,000.01 1,000.00 2,400.00 2.500.00 6,000.00 4,3«.00 10,425.50 3 Removal of Structure and Obstructk 1 36,000.00 36,000.00 6,018,00 6,018.00 10,000.00 10,000.00 10.000.00 10.000.00 10.000.00 10,000.00 7,731.00 7.731.00 20,739.00 20,739.00 8,688.00 8.688.00 4 Unsul1able foundation Excalnc. Ha 1240 4.00 4,960.00 7.50 9,300.00 5.00 6,200.00 4.50 5,580.00 0.50 620.00 6.40 7.936.00 18.00 22,320.00 16.29 20,199.60 5 Gravel Bom>w Ind. Haul 2295 4.00 9,180.00 10.50 24.097.50 8.00 18,360.00 10.00 22,950.00 0.50 1,147.50 15.90 36.490.50 10,00 22,950.00 10.86 24.923.70 6 UndassKIed Excavation 1 96,000.00 96,000.00 91.600,00 91,600.00 196,300.00 196,300.00 225,000.00 225,000.00 126,000.00 126.000.00 86,331.00 86,331.00 182,400.00 182,400.00 216.874.00 216,874.00 7 Shottng or Extra Excavation Ct. B 1 04800 0.35 5,180.00 0.80 11,840.00 0.50 7,400.00 0.10 1.0180.00 0.50 7,400.00 0.10 1,0180.00 0.35 5,180.00 1.10 16,280.00 8 Tranctl foundation Stabilization 172 4.00 688.00 7.00 1,2()o\.OO 25.00 4,300.00 10.00 1.720.00 0.50 86.00 10.00 1,720.00 2.00 3«.00 5.43 933.96 9 Drop Inlet Type 2 1 4.000.00 4,000.00 3,915.00 3,915.00 2,500.00 2,500.00 4.000,00 4,000.00 3.116.00 3,116.00 4,425.00 4,425.00 3,850,00 3,850.00 2,823.00 2,823.00 10 Grate Inlat Type 2 2 1,500.00 3,000.00 1.891.50 3,783.00 2.500.00 5,000.00 2.000.00 4,000.00 1,410.00 2,820.00 1,750.00 3,520.00 1.692.00 3,784.00 2,172.00 4,3«.00 11 Calc:l1 Basin Type 2 481n. Diem. 4 2.000,00 8,000.00 2,078.00 8,312.00 2,000.00 8,000.00 2,000.00 6,000.00 1,800.00 7,200.00 2,120.00 8,0180,00 1.958.00 7,832.00 2,389.00 9,558.00 12 Catc:l1 Basin Type 2 64ln. Diem. 1 2,500.00 2,500.00 2,950.00 2,950.00 3,000.00 3,000.00 3.000.00 3,000.00 2,500.00 2,500.00 2,420.00 2,420.00 2.622.00 2,622.00 3',258.00 3,258.00 13 Catc:l1 Basin Type 2 96ln. Diem. 1 7,800.00 7.800.00 9.625.00 9,625.00 7,500.00 7,500.00 10,000.00 10.000.00 6,400.00 6.400.00 11,130.00 11.130.00 7.200,00 7.200.00 10,317.00 10,317.00 14 Clill Reinl. Cone. Pipe 12 In. DIem 59 38.00 2,20C2.00 44.00 2,596.00 40.00 2,360.00 40.00 2,360.00 43.50 2,566.50 56.50 3,333.50 29.25 1,725.75 38.00 2,20C2.00 15 Clill Rein/. Cone. Pipe 18 In. [)lam 52 72.00 3,7404.00 61.00 3,172.00 50.00 2,600.00 sc::~ 2,600.00 57.50 2,990.00 73.40 3.816.80 35.00 1 ,820.00 50.00 2,600.00 16 Clill Relnl. Cone. Pipe 24 In. DIem 1812 77.00 139.524.00 ¡;6.00 119,592.00 50.00 108.720.00 50. 108.720.00 94.12 170,545.404 92.00 166,7()O\.00 43,50 78.822.00 50.00 106,720.00 17 ClIIi Relnl. Cone. Pipe 36 In. DIem 25 155.00 3.875.00 173.50 4,337.50 75.00 1,875.00 100.00 2,500.00 150.00 3,750.00 211.00 5,275.00 89,00 2,225.00 88.00 2.200.00 18 Clill ReIn!. Cone. Pipe 42 In. DIem 55 95.00 5,225,00 1 08.50 5,967.50 125.00 6,875.00 115.00 6,875.00 120.00 6,600.00 143.00 7,865.00 95,00 5,225.00 123.00 6,765.00 19 Connect to ExIsting Dralnege Struct 12 700.00 8,400.00 400.00 4,800.00 350.00 4,200.00 400.00 4,800.00 400.00 4,800.00 550.00 6,600.00 650,00 10,200.00 543.00 6.516.00 20 Control Structura I 30,000.00 30,000.00 25.915.00 25,915.00 15,000.00 15,000.00 25.000.00 25.000.00 50.000.00 50,000.00 38,657.00 38,657.00 15.950.00 15,950.00 23,892.00 23.892.00 21 Topsoil Type A 3400 14.00 47,600.00 18.50 62.900.00 18.00 61,200.00 13,00 44,200,00 12.00 40.800.00 19.50 66.640,00 25,00 85.000.00 19.504 66.436.00 22 Temporary Weter PoIlut/orVEroslon 1 21,000,00 21,000.00 13.033.00 13,033.00 5,000.00 5.000.00 10,000,00 10,000.00 10.000.00 10.000.00 13.000.00 13,000.00 22,000,00 22.000.00 19,5018.00 19.548.00 23 Seecf'ing and Establish. Type 1 0.97 9,200.00 8.924.00 7.1()O\.00 6.890.88 1,500.00 1.455.00 2,000.00 1.940.00 2.065.00 2,003.05 6,300.00 6,111.00 3,500,00 3.395.00 7.818.00 7,584.43 24 SeedIng and Establish. Type 2 4.52 1,100.00 4,972.00 1.585.00 '1;1&4.20 1.600.00 7,232.00 2,000.00 9,040.00 1,200.00 5.424.00 2,350.00 10,622.00 4,800.00 21.696.00 1,955.00 8.836.50 25 0Ia1n link Fence Type 3 10482 8.50 12.597.00 9.65 14.301.30 9.50 14.079.00 10.00 14,820.00 10.87 16,109.304 9.00 13,338.00 11.40 16,8901.80 ' 12.00 17.784.00 26 Double 14 Ft ChaIn Unk Gate 2 750.00 1,500.00 878.00 1,756.00 1.200.00 2,400.00 750.00 1.500.00 1,500.00 3,000.00 750.00 1.500,00 1,120.00 2,240.00 706.00 1.412.00 27 Aa:ess Road 993 20.00 19.860.00 15.00 14,895.00 12.00 11.916.00 15.00 14,895.00 18.88 18,529.38 26.00 25,818,00 23,00 22,839.00 27.00 26,811.00 28 Gablon Cribbing 48 150.00 7,680.00 115.00 5.520.00 150.00 7,200.00 150.00 7,200.00 90.00 4,320.00 250.00 12.000.00 50,00 2.400.00 119.00 5,712.00 29 Sedlmentaaon Forabey 1 3.700.00 3,700.00 4.000.00 4,000.00 5,000.00 5.000.00 5,000.00 5.000.00 14,180.00 14,180.00 8,288.00 8,288.00 50,000.00 60.000.00 4,3«.00 4,3«.00 30 Slope Drain 1656 17.50 28,980.00 16.50 27,324.00 14.00 23,1&4.00 16.00 26,496.00 16.00 26,496.00 24.50 40,737.60 34.00 56,304.00 26.00 043.056.00 31 Cament Cone. Rolled Curb 38 21.00 798.00 18.50 703.00 15.00 570.00 20.00 760.00 20.00 760:00 15.00 570.00 11.00 418.00 22.00 836.00 32 Cement Cone. Curb & Gutter 675 18.00 12,150.00 11.90 8,032.50 15.00 10.125.00 15.00 10,125.00 17.00 11.475.00 12.00 8,100,00 3.25 2.193.75 11.00 7.425.00 33 Cement Cone. SIdewalk, 4-1nch Thk 348 34 11,7&4.00 21.6 7,473.60 30 10,380.00 20 6,920.00 20 6.920.00 17.50 6,055,00 45 15,570.00 22.00 7,612.00 301 Cement Cone. Driveway, 5-Ind1 Thi 50 44.00 2,200.00 31.70 1.585.00 30.00 1,500.00 30.00 1,500.00 31.50 1,575.00 27.00 1.350,00 60,00 3,000,00 24.00 1,200.00 35 Asphalt Concrete Petc:hlng 1090 24.00 26.150.00 22.00 23.980.00 15.00 16.350.00 13,00 14,170.00 25.00 27,250.00 16.70 18,203.00 10,00' 10.900.00 14.60 15.GI4.00 36 Temporary Pavement Patching 1090 10.00 10,900.00 4.50 4,905.00 8.00 8,720.00 5.00 5,450.00 9.00 G,81 0.00 17.60 19.184.oo 8,00 8.720.00 9.80 10.682.00 37 landscaping 1 45,000.00 45,000.00 50.Q46,50 5O,G48.50 45.000.00 45.000.00 45,000.00 45,000.00 65,000.00 55,000.00 404.417.00 44,417.00 20,206.00 20,208.00 40,000.00 40,000.00 TOTAL ~tura I I I~~ ~~ IWA :ed IWA ~ LA :eø LA I~ned Bid Bond IWA ndums WA WA V M\P ROJ E CT SIS W340D EnCC .. Mathematical Error In Une.nam 15 " ¡; 'i " ~