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lutc 1-30-1995January 30, 1995 6:00 pm City of Federal Way City Council Land Use/Transportation Committee AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT 3. BUSINESS ITEMS a. Impact Fees for Schools b. Bellacarino Woods Plat Extension C. Traffic Signal Flashing Operation d. WSDOT Interlocal Constr. Mng. Insp./348th Street e. Long Range Planning Work Program 4. OTHER ITEMS 5. FUTURE MEETINGS/AGENDAS 6. ADJOURN Committee Members: Skip Priest, Chair Ron Gintz Phil Watkins 1JAN30LUr City Hall Council Chambers Action/Info Staff Information Lindell Action Clark Action Daniari Action Miller Action Springer City Staff: Greg Moore, CDS Director Sandy Lyle, Administrative Assistant 661-4116 CITY OF FEDERAL WAY MEMORANDUM DATE: January 23, 1995 TO: City Council Land Use Committee Members FROM: Margaret H. Clark, Senior Planner RE: Request for Extension of Preliminary Plat Approval Period for Bellacarino Woods -- King County File #S108923/Federal Way HILA-90-PP01 I SUMMARY OF APPLICATION Newhall Jones, Inc. is requesting a fourth-year extension of the preliminary plat approval period for Bellacarino Woods, a proposed 116 -lot single family subdivision on 34 acres, located generally between SW 352nd Street and SW 356th Street, and between 4th Avenue SW and 9th Avenue SW. The preliminary plat of Bellacarino Woods was approved by the City of Federal Way on February 18, 1992, per Resolution 92-97. The 36 month preliminary plat approval period for Bellacarino Woods is due to expire on February 18, 1995. The applicant applied for a fourth-year extension on November 28, 1994. H REASON FOR COUNCIL ACTION Bellacarino Woods is an "A" List item under the Interlocal Agreement entered into between the City of Federal Way and King County. Therefore, the City of Federal Way is responsible for reviewing Bellacarino Woods pursuant to King County plans, regulations, and codes in effect at the time of the preliminary plat application (December 19, 1988). Pursuant to Section 19.28.050(D) of Title 19, King County Subdivision Ordinance, an applicant may be granted a fourth-year extension of the preliminary plat approval period by the King County Council if certain criteria are met. Since Bellacarino Woods is now located within the City of Federal Way, this decision must now be made by the Federal Way City Council. Bringing this matter before the City Council Land Use Committee for review and recommendation prior to a decision by the full council is consistent with how land use matters are currently processed by the City of Federal Way. City Council Land Use Committee Members January 23, 1995 Page 2 III HEARING EXAMINER'S RECOMMENDATION A recommendation by the Hearing Examiner as to the disposition of preliminary plat extensions is not required. IV PROCEDURAL SUMMARY Dec 19, 1988 Application for preliminary plat approval filed with King County Oct 31, 1989 Mitigated Determination of Non -Significance (MDNS) issued by King County Nov 15, 1989 Appeal of the MDNS filed with King County Feb 27, 1990 King County Zoning and Subdivision Examiner upholds the MDNS issued by King County Feb 28, 1990 City of Federal Way incorporates Mar 13, 1990 Project placed on.the "A" List of the Interlocal Agreement Nov 12, 1991 Public Hearing on preliminary plat by the City of Federal Way Hearing Examiner Nov 18, 1991 Recommendation of preliminary plat approval issued by the City of Federal Way Hearing Examiner Nov 26, 1991 Request for Reconsideration of the Hearing Examiner's Recommendation filed with the Department of Community Development Services Dec 3, 1991 City staff responds to Request for Reconsideration Dec 5, 1991 Applicant (Newhall Jones, Inc.) responds to Request for Reconsideration Dec 12, 1991 Hearing Examiner denies Request for Reconsideration Dec 24, 1991 Challenge to the Nov 18, 1991, Hearing Examiner's Recommendation filed with the Department of Community Development Services City Council Land Use Committee Members January 23, 1995 Page 3 Feb 18, 1992 Public hearing on the preliminary plat application and consideration of Challenge to the Hearing Examiner's Recommendation by the Federal Way City Council; City Council determined that the Challenge raised no significant issues not previously considered by Hearing Examiner; Preliminary plat approved by the City of Federal Way per Resolution 92-97 Jan 30, 1995 Land Use Committee Meeting; The Land Use Committee forwards a recommendation on the request for a fourth-year preliminary plat extension to the full City Council for a decision on the request V DECISIONAL CRITERIA Pursuant to Section 19.28.050(D) of Title 19, King County Subdivision Ordinance, an applicant may be granted a fourth-year extension of the preliminary plat approval period if the following King County criteria are met. 1) The applicant must file a written request with the King County Council at least 30 days prior to expiration of the preliminary plat. 2) The applicant has acted in good -faith and made substantial progress in complying with the conditions of the preliminary plat. 3) It would be inequitable to require the applicant to reapply for a new preliminary plat approval. VI COUNCIL ACTION After reviewing the staff evaluation and recommendation in the attached staff report, if the City Council finds that all criteria outlined in Section V (above) have been met, the Council may by a majority vote of its membership, approve the request for a fourth-year extension. BEu CAa.Loc CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT BELLACARINO WOODS REQUEST FOR EXTENSION OF PRELIMINARY PLAT APPROVAL PERIOD King County He #S108923/Federal Way File #ILA-90-PPOI STAFF REPORT DATE: January 23, 1995 PROPOSAL: Request for a fourth-year extension of the preliminary plat approval period for Bellacarino Woods (Exhibit A). APPLICANT: Greg Newhall Newhall Jones, Inc. 12515 Bel Red Road, Suite 201 Bellevue, WA 98005 (206) 462-8200 LOCATION: Generally between SW 352nd Street and SW 356th Street and between 4th Avenue SW and 9th Avenue SW (Exhibit B). REPORT PREPARED BY: Margaret H. Clark, Senior Planner I RECOMMENDATION The Department of Community Development Services recommends that the City Council grants the request for a fourth-year extension of the preliminary plat approval period for Bellacarino Woods from February 18, 1995, to February 18, 1996. H BACKGROUND Bellacarino Woods is a an "A" List item under the King County/Federal Way Interlocal Agreement. Therefore, the City of Federal Way is responsible for reviewing Bellacarino Woods pursuant to King County plans, regulations, and codes in effect at the time of the preliminary plat application (December 19, 1988). Bellacarino Woods - Staff Report January 23, 1995 Page 2 The preliminary plat of Bellacarino Woods (Exhibit C) was approved by the City of Federal Way on February 18, 1992, per Resolution 92-97 (Exhibit D). This proposal consists of 116 single family lots on 34 acres. The 36 month preliminary plat approval period for Bellacarino Woods is due to expire on February 18, 1995. On November 28, 1994, the applicant submitted a request for a fourth- year extension of the preliminary plat approval period to the City of Federal Way (Exhibit A). III CRITERIA FOR EXTENSION OF PRELIMINARY PLAT APPROVAL PERIOD Pursuant to Section 19.28.050(D) of Title 19, King County Subdivision Ordinance, an applicant may be granted a fourth-year extension of the preliminary plat approval period if the following King County criteria are met. 1) The applicant must file a written request with the King County Council at least 30 days prior to expiration of the preliminary plat. Because this is an "A" List item, the request for plat extension must be filed with the City of Federal Way, not the King County Council. The preliminary plat was due to expire on February 18, 1995. An application for preliminary plat extension was submitted to the City of Federal Way on November 28, 1994 (Exhibit A), more than 30 days prior to expiration. Therefore, this criterion has been met. 2) The applicant has acted in good faith and made substantial progress in complying with the conditions of the preliminary plat. The preliminary plat of Bellacarino Woods was approved by the City of Federal Way on February 18, 1992, and engineering plans were submitted to the City in December 1992. In order for access to be provided to Federal Way Elementary School No. 22 (Enterprise Elementary), which is located to the northeast of the site, the engineering plans for the northern portion of the site was segmented from the remainder of the site (Exhibit E). These plans have been approved and the applicant, in conjunction with the School District, has constructed 1,200 feet of roadway in this area to provide access for the school site. This is equivalent to 25 percent of total roads to be constructed within the plat. Bellacarino Woods - Staff Report January 23, 1995 Page 3 During December 1992, when the engineering plans were initially submitted, and now, the city completed four reviews of revisions to the engineering plans for the remainder of the site. We are presently waiting on corrections to the fourth revision after which the plans can be approved upon the payment of review fees and the posting of bonds. The applicant has stated that fees and bonds will be paid prior to May 1, 1995, to enable construction of remaining improvements to commence in Spring 1995. This coincides with Condition No. 7(b) of the preliminary plat approval which prohibits all land clearing between November and April. In addition, the applicant has prepared plans for the traffic control system at SW 356th Street and 8th Avenue SW. The installation of this traffic signal is one of the conditions of preliminary plat approval. Negotiations for the off-site sanitary sewer easement (Exhibit F), which had delayed the project, have also been completed and the easement obtained. 3) It would he inequitable to require the applicant to reapply for preliminary plat approval. The applicant has been malting a good faith effort to comply with the conditions of preliminary plat approval and. has expended a substantial amount of money to date in doing so. This includes constructing the on-site roadway in the northern portion of the plat, and obtaining the off-site sanitary sewer easement. In addition, approval has been obtained for installation of water and sewer lines from the Lakehaven Utility District, a Forest Practices permit has been obtained from the Department of Natural Resources, and the Stormwater Baseline General Permit has been obtained from the Department of Ecology. It would, therefore, be inequitable to require the applicant to reapply for preliminary plat approval. IV RECOMMENDATION The request for extension of the preliminary plat approval period complies with all three provisions of RCW 58.17.140 and Section 19.28.050(D) of Title 19, King County Subdivision Ordinance. In addition, the applicant is committed to the completion of the plat. The Department of Community Development Services therefore, recommends that the preliminary plat approval period for Bellacarino Woods be extended for a fourth-year to February 18, 1996. Bellacarino Woods - Staff Report January 23, 1995 Page 4 LIST OF EXHIBITS Exhibit A November 28, 1994, Request for Preliminary Plat Extension Exhibit B Vicinity Map Exhibit C Reduced Copy of Approved Preliminary Plat Exhibit D Resolution 92-97 -- Approval of Preliminary Plat Exhibit E Approved Engineering Plans for Northern Portion of Site Exhibit F Location of Off-site Sanitary Sewer Easement aeLuCARTu=.REQ �GHA(�� n 1�� ?. 2 �G<T�~G ENG1N��y The Honorable Mary Gates Mayor of Federal Way Federal Way City Council 33530 First Way South Federal Way, WA 98003 CIVIL ENGINEERING. LAND PLANNING. SURVEYING. ENVIRONMENTAL SERVICES November 28, 1994 RE: One -Year Extension Request for the Preliminary Plat of Bellacarino Woods King County File No S108923/Federal Way File No. ILA90-PPOI Our Job No. 4501 Dear Mayor Gates: For your review, I am enclosing the following documentation for the issuance of a 1 -year extension for the preliminary plat of Bellacarino Woods: 1. A check in the amount of $138 for the application fee 2. One complete set of blueline prints of the Engineering Design Plans for Bellacarino Woods 3. One copy of Resolution No. 92-27 adopting the preliminary plat of Bellacarino Woods 4. One copy of the City of Federal Way Hearing Examiner's report, dated November 18, 1991 5. One blueline copy of the approved preliminary plat map 6. One copy of a letter, dated February 2, 1994, received from the City of Federal Way, outlining the plat extension requirements 7. One copy of King County Code 19.28.0501) which is the basis for plat extension requirements for this project On February 18, 1992, under the interlocal agreement between the City of Federal Way and King County, the preliminary plat of Bellacarino Woods was adopted in accordance with Resolution No. 92-97. The plat must be recorded by February 18, 1995, unless a fourth-year extension for the preliminary plat approval is granted. You may recall that we previously requested a plat extension earlier this year. The developer, Newhall Jones Inc., was experiencing difficulty in obtaining an off-site easement required to extend sanitary sewer service to the project. The developer has now obtained that sanitary sewer easement and is prepared to begin construction of the off-site sanitary sewer main in the next month or so. EXHIBIT A PAGE_ OFJ_ 18215 72ND AVENUE SOUTH KENT, WA 9803 (206) 251-6222 (206) 251-8782 FAX The Honorable Mary Gates Mayor of Federal Way Federal Way City Council -2- DO )IT PAG_ _ VI OF 3 November 28, 1994 We are hereby requesting a fourth-year plat extension for Bellacarino Woods. The following outline summarizes how the project meets the three criteria for granting a fourth-year extension to the preliminary plat: 1. The applicant must file a written request with the Kine County Council at least 30 days prior to expiration of the preliminary_ plat. This fourth-year extension application is being submitted more than 30 days prior to the February 18, 1995, expiration date. 2. The applicant has acted in good faith and made substantial progress in complying with the conditions of the preliminary_ plat. a. We have already completed the design and plan review of the roadway and drainage plans with the City of Federal Way Public Works Department and the plans are approvable pending submittal of fees and bonds. The developer/owner has provided the City with a letter stating that the fees and bonds will be provided prior to May 1, 1995, so that the project can be constructed next spring. b. The water and sanitary sewer plans have been approved by Lakehaven Water and Sewer District. c. The Forest Practices permit has been issued by the Washington State Department of Natural Resources. d. The stormwater baseline general permit has been issued by the Washington State Department of Ecology. e. The developer/owner has already built 1,200 feet of on-site roadway (25 percent of the total) in conjunction with providing access to Federal Way Elementary School No. 22. f. The developer/owner has obtained the off-site sanitary sewer easement (which has delayed this project) and is scheduled to construct the 700 feet of 24 -inch diameter off-site sanitary sewer starting this winter. g. The developer/owner is scheduled to construct the traffic signal at S.W. 356th Street/8th Avenue S.W. starting this winter. h. The project clearing is limited only to the months of April through October in accordance with Plat Approval Condition No. 7.b. Therefore, the developer/owner cannot resume the on-site construction until April 1995. i. This represents a utlstantial investment on the part of the developer/owner, which can be con§iderd substantial progress toward completion of the entire plat. The Honorable Mary Gates Mayor of Federal Way Federal Way City Council -3- November 28, 1994 3. It would be inequitable to require the applicant to reapply for a new preliminary plat approval Clearly, it would be inequitable to require the developer/owner to reapply for a new preliminary plat approval, including additional costs, time delays, new requirements, protests, appeals, etc. Pursuant to KCC 19.28.050_ Subsection D the developer/owner is requesting the Council to approve a 12 -month extension for the preliminary plat of Bellacarino Woods. The developer/owner acted in good faith and has made substantial progress in complying with the conditions of the preliminary plat. It would be inequitable to require the developer/owner to reapply for a new preliminary plat approval. If you have any questions or need additional information, please contact me. Res tfully, V Robert J. Armstrong, Principal Engineer RJA/sdc/kr 4501C.071 enc: As Noted cc: Greg Newhall, Newhall Jones Inc. Brian Lawler, Attorney Kathy McClung, Federal Way Land Use Administrator Margaret Clark, Federal Way Senior Planner Ron Garrow, Federal Way Senior Development Engineer G. Wayne Potter, Barghausen Consulting Engineers, Inc. E)(HIBIT-A PAGE_3. OF -5 VICINITY MAP HIBiT _... 334TH PL 1i a SW33ftsr n%1�En P ST o _ s 7rHcrsw �y b�t� rHPL y N ST � LN QGcP s338TH PL S THOR s iSiGAS y s s3T J a S 341 ST ST 'I - - Q 343SD ST S"�k ,S� � �( AQUADC PL sw �o PL d S 346TH ST sr- E sw 347TH P1_ HaE SW 348 sw �34HTHST SW 348 v �, SW 349TH 5,.. m y s 358TH — r SW3!m x 351srSi sw31sisr SW 35YNO so1 Jei+ PL a SIT SW 353RD ST 35tSN SN 354TH �' ^ ST PL iSW 354THsw SW 355TH m sw - 3355TH a� w PL R'SW3567H ST sw PL N S CC v r2 a y < .3.S35 ST� H > < N < < a< a ~ a N CO ST a o > ST x 2 x 2 > > S358 ST Y Z 361ST ST SW 368TH ST ` sW ST Jlll S 361ST PL '`> < y > S1Y 3�4TFiD PL . > a o y � s NLc"� H ST,.. z r N N< Q 1 zS�NE- S 363RD P n �Sl J 9T{iSTNE sW365THST a <' Sw3Q6TF► ST "y T NOR �r P32'Z]'E 6I33�j 3 fi 1 h I i — Z • \ s ss ✓ _-co � 3� � MJtl11NJ 03WtlOf3tl 3SItlNJ f0 [1MtlI.tl36 i r� 39 f 888849133:1L813l33 till lLl {{{f if 11 fl {L6R{L iifJl:J ii i!!]]!fi]!!llill 1{ C 1 j f-1 C� ri Pq ia: Y% 83 83 83 i&•f j 8ie� z_i 8: i,i ffii Yr° f3�-s a .:. e: Pf u i a ri '3�as F, __ .. i iifia �,� a •_ i 8.1 :: V_ _ iaii r•a Edi 8si O tt ST.•.� f -C3 .� ,E 'w i s _ _ 'E33 �F. :3 ?� i •dsaa?.af 53 •:'B.J.�3 i .-a � e d E 5'j;yyg ��!!s n:(:-"9�_ �iej�� Will mH 9 til 5' ON. k k! N 6 �r P32'Z]'E 6I33�j 3 fi 1 h I i — Z • \ s ss ✓ _-co � 3� � MJtl11NJ 03WtlOf3tl 3SItlNJ f0 [1MtlI.tl36 i r� 39 f 888849133:1L813l33 till lLl {{{f if 11 fl {L6R{L iifJl:J ii i!!]]!fi]!!llill 1{ C 1 j f-1 C� ri RESOLUTION NO. 92-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF BELLACARINO WOODS, KING COUNTY BUILDING AND LAND DEVELOPMENT FILE NO. 5108923 (FEDERAL WAY FILE NO. ILA -90 -0001 -SUB). WHEREAS, applicant had applied to King County for preliminary plat approval; and WHEREAS, subsequent to the application, but prior to the Hearing Examiner hearing on the preliminary plat, the City of Federal Way incorporated; and WHEREAS, an interlocal agreement between the City of Federal Way and King County requires the City to make decisions on the preliminary plat application using Federal Way procedures and King County substantive cr-iteria; and WHEREAS, the Federal Way Land Use Hearing Examiner held a public hearing on November 12, 1991, concerning the preliminary plat of Bellacarino Woods; and WHEREAS, at the conclusion of said hearing the Federal Way Land Use Hearing Examiner issued its Findings, Conclusions, Conditions, Recommendations and Decision on November 18, 1991; and WHEREAS, the City Council of the City of Federal Way is the governmental body now having jurisdiction and authority to pass upon the approval, denial or modification of the conditions of said preliminary plat using the substantive criteria of the King County Codes; and PACS WHEREAS, the City Council having considered the written record and recommendation of the Hearing Examiner, pursuant to FWC 16.110.40, on this date; and WHEREAS, pursuant to Federal Way Code 155.70, a challenge to the Hearing Examiner's recommendation was filed on this Plat; and WHEREAS, pursuant to Federal Way Code 155.75(3)(b) after consideration of the entire matter on the record before the Hearing Examiner, the Council shall determine whether the challenge raises significant issues; and if the Council so determines, the Council may remand to the matter to the Hearing Examiner or the Council shall hold its own hearing on the matter; and WHEREAS, after full consideration, the Council has determined that the Challenge filed in this matter raises no significant issues which .were not considered by the Hearing Examiner, or that are relevant to the criteria for Plat approval as established by the Code; and WHEREAS, the Council has also determined the challenge must be denied based upon procedural defects of the challenge which denied to the applicant notice and opportunity to respond to the challenge; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVES AS FOLLOWS: Section 1. The findings, conclusions and recommendations of the Federal Way Land Use Hearing Examiner issued on November 18, PAGv d2 OF�_ 1991, following a hearing held on November 12, 1991, which included a recommendation to approve the preliminary plat of Bellacarino Woods subject to certain conditions, are hereby adopted as the Findings, Conclusions and conditions of the City Council. Section 2. Based upon the Findings, Conclusions and Recommendations of the Federal Way Land Use Hearing Examiner, as adopted by reference by the City Council set forth hereinabove, the preliminary plat of Bellacarino Woods, Building and Land Development File No. S108923 (Federal Way File No. ILA -90 -0001 -SUB) is hereby approved subject to the Conditions contained in the recommendation of the Federal Way Land Use Hearing Examiner Report for this matter dated November 18, 1991, attached hereto as Exhibit A and incorporated by reference. Section 3. The conditions of approval of the preliminary plat are all integral to. each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary- plat shall be remanded to the Hearing Examiner for the City of Federal Way to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety and - 3 - PAOF_ _' OFJ�- i general welfare and other factors as required by RCW Chapter 58.17 and applicable County and/or City ordinances, rules and regulations and forward such recommendation, to the City Council for further action. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this 18th day of February, 1992. CITY OF FEDERAL WAY APPR9VED AS TO FORM: CITY ATTURNEY, FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 92-97 Ll\COMMOMPROCPSS3. PMT 6, *M -3 DMI WRY V DFA - / February 12, 1992 February 18, 1992 `f T 1. - 4 - PA0E_0E-44- RECOMMENDATION OF THE HEARING EXAMINER OF THE CITY OF FEDERAL WAY In the Matter of the Application ) of BELLACARINO WOODS JOINT VENTURE,) For Preliminary Plat Approval of ) that tract of land known as ) BELLACARINO WOODS ) FILE NO. ILA -90 -0001 -SUB FWHE NO. 91-14 RECOMMENDATION I. BACKGROUND AND SUMMARY OF APPLICATION The application is for approval of the subdi4ision of 34 acres into 116 single family lots. The preliminary plat application was submitted to King County on December 15, 1988. The subject property is located generally between S.W. 352nd Street and S.W. 356th Street between 4th Avenue S.W. and 9th Avenue S.W. in a zone designated by the County as Suburban Residential at the time the application was filed. The County Building and Land Division (BALD) conducted an environmental review under the State Environmental. Policy Act and concluded that the project would have no significant adverse impact on the environment. BALD therefore issued a Mitigated Determination of Nonsignificance (MDNS) on October 31, 1989. This MDNS was appeaied to the County Hearing Examiner. The County Hearing Examiner upheld the determination of BALD in'a decision issued February 27, 1990, but required the applicant to provide additional analysis of the level of service for the intersection of S.W. 356th Street and 1st Avenue S.W. as part of the preliminary plat review. The preliminary plat application was revised in response to the MDNS and the decision of the County Examiner. After the incorporation of the City of Federal Way, this application was transferred to the City for processing as part of an interlocal agreement between the City and King County on March 13, 1990. This application was placed on list "A" of that interlocal agreement. The City has interpreted this to mean that, although the City is now responsible for making a decision on the preliminary plat application using City procedural regulations, the application is to be reviewed under King County substantive regulations in effect at the time of preliminary plat application. After review of all the evidence presented at the public hearing, the recommendation of the Examiner herein is that the preliminary plat application be APPROVED with conditions. EXf 1__1 d 1T._1 PACE 9 0FAlf_ BELLACARINO WOODS FILE #ILA -90 -0001 -SUB - FWHE #91-14 PAGE 2 II. PROCEDURAL INFORMATION Hearing Date: November 12, 1991 Decision Date: November 18, 1991 At the hearing the following presented testimony and evidence: 1.) Stephen Clifton, Senior Planner, City of Federal Way 33530 - 1st Way South, Federal Way, WA 98003 2.) Cary Roe, Surface Water Manager, City of Federal Way 33530 - 1st Way South, Federal Way, WA 98003 3.) Tom Nishimura, Planner, Urban Design, Inc. 611 Market Street, Suite 8, Kirkland, WA 98033 4.) Greg Newhall, Newhall -Jones 12515 Bel -Red Road, Bellevue, WA 98005 5.) Kathryn Emery, Urban Design, Inc. 611 Market Street, Suite 8, Kirkland, WA 98033 6.) David Waranka 35507 - 6th Avenue S.W., 7.) David Moore 35817 - 10th Avenue S.W., Federal Way, WA 98023 Federal Way, WA 98023 8.) Dr. H. Jake Walker, Federal Way School District 31405 - 18th Avenue South, Federal Way, WA 98003 9.) James Thode 35414 - 6th Avenue S.W., Federal Way, WA 98023 10.) Patricia Owen 926 S.W. 356th Street, Federal Way, WA 98023 11.) William A. Looney Post Officie Box 66098, Seattle, WA 98166 12.) Kim Adams 34709 -9th Avenue South, Suite 600, Federal Way, WA 98003 At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1.) Staff Report a.) Preliminary Plat Map b.) Vicinity Map PAC: 0 FA -q-_ BELLACARINO WOODS FILE #ILA -90 -0001 -SUB - FWHE #91-14 PAGE 3 c.) Application for Preliminary Plat Approval d.) Mitigated Determination of Non -Significance (10/23/89) e.) Preliminary Plat on which the Mitigated Determination of Non -Significance was Issued. f.) Letter of appeal (11/15/89) g.) Hearing Examiner's Decision on SEPA Appeal (2/27/90) h.) King County Transmittal List (10/23/90) i.) Correspondence from Department of Transportation (11/17/89) j.) Correspondence from King County Community Planning Section (4/17/89) k.) Correspondence from King County Conservation District (4/6/89, 10/26/89): 1.) Correspondence from Federal Way Public Schools (11/1/89) m.) Correspondence from Washington Natural Gas (2/28/89) n.) Correspondence from Seattle -King County Department of Public Health Services (12/7/88) o.) Correspondence from King County Fire District 139 (11/5/89; 1/12/90) p.) Correspondence from King County Engineering (2/9/89) q.) Correspondence from Federal Way Water and Sewer (11/28/89; 11/29/89). r.) Correspondence from King County Traffic and Planning (10/16/89). s.) Correspondence from King County Surface Water Management (5/15/89) t.) Correspondence from King County Subdivision Section (10/23/89) u.) Correspondence King County Subdivision Section (9/20/89) v.) Federal Way Development Review correspondence from Federal Way Water & Sewer (2/7/91) w.) Federal Way Development Review correspondence from King County Fire District #39 (2/7/91) x.) Federal Way Development Review Correspondence from Federal Way Building Department (2/6/91) y.) Soil Classifications and Approximate Boundaries. z.) Map depicting existing drainage pattern. aa.) King County slope -Density -Ratio Residential Guidelines for Sloping Ground. ab.) King County Chapter 21.49 -- Road Adequacy Standards. ac.) Correspondence from Federal Way Public Schools (7/23/91). ad.) Correspondence from Federal Way Public Schools (9/14/90). _/ °pr'�� PAC'- 7 OF -214 BELLACARINO WOODS FILE #ILA -90 -0001 -SUB - FWHE #91-14 PAGE 4 ae.) Map depicting nearby school bus stop locations. af.) Map depicting Panther Lake Community Park location. ag.) King County Motion 5952. 2.) Letter from Charles J. Connon to Hearing Examiner 3.) Letter from Bernice Joyce to Department of Community Development 4.) Letter from Bernard Mottershead to Department of Community Development 5.) Letter from James Thode to Cary Roe 6.) Letter from Robert Wilson to Stephen Clifton 7.) NGPE Language to Correct Condition #8 in Staff Report to Hearing Examiner. 8.) Additional Staff Report Language for Condition #22.. 9.) King County Erosion/Sedimentation Notes 10.) Federal Way Standard Plan Notes 11.) Additional Staff Report Language for Condition 125. 12.) Letter from Mr. and Mrs. David A. Edson to the Hearing Examiner. III. FINDINGS OF FACT 1. The applicant proposes to divide approximately 34 acres into 116 single family lots. The subject property is located generally between S.W. 352nd Street and S.W. 356th Street between 4th AvenueS-W. and 9th Avenue S.W. 2. The subject property is located in a zone designated by the County as Suburban Residential at the time the application was filed. The King County Comprehensive Plan in effect at the time of the application designates the subject property as Urban. The 1986 Federal Way Community Plan and Area Zoning designates the subject property as Single Family with 4 to 9 units per acre. 3. The site slopes downward from the west and north towards the east and south. Elevation ranges from 300 to 380 feet above sea level. Slopes range from 2 to 40 percent with a majority of the site averaging 10 to 20 percent. A large closed depression exists in the central area of the site. A majority of the site drains toward the closed depression. This is designated as Tract A on the Preliminary Plat Map. See, Exhibit 1A, page 2. 4. Five types of soil exist on the site. These are described in detail in the Staff Report and are incorporated herein by reference. Exhibit 1, page 7. Some areas of the site are subject to severe erosion hazards, Class III seismac hazard and severe limitation for low building foundations. Exhibit 1, pages 7 and 8. EXHIBIT PAC:' _� OFA�_ 900 BELLACARINO WOODS FILE #ILA -90 -0001 -SUB - FWHE #91-14 PAGE 5 5. The closed depression on the site is of regional significance. Approximately 239 acres of land, including the subject property, contribute to the depression. See Exhibit 1Z. Testimony from residents surrounding the site indicate that large amounts of water collect in the closed depression with water levels as deep as six feet. 6. Vegetation on the site consists of second and third growth coniferous and broad -leafed trees native to the Pacific Northwest. The dominant trees are Douglas Fir and Madronna. Salal, sword fern, berry vines and a variety of grasses also cover the site. 7. A variety of small birds and mammels inhabit the site. No threatened or endangered species have been observed on the site. 8. The property surrounding the site is mostly in the process of urban development. While only a few single family homes are presently located in the general vicinity of the site, much more development is likely to occur in the near future. The recently recorded plat of Campus Highlands Division 5 is north of the site. A vacant parcel of land north of the site is owned by •the Federal way School District. The District intends to construct an elementary school on this site by 1994. To the south of the site are the subdivisions of Lorigan Manor Divisions 1 & 2 and Secoma Heights. Approximately 700 feet to the west of the site is the Madronna Meadows Subdivision (229 single family lots). The proposed subdivision of Forest Ridge is located nearby to the south of the site (150 single family lots are proposed). The applicant proposes to construct internal roads with vertical curbs, gutters and sidewalks. Sidewalks will be located along both sides of a majority of the streets (except cul-de-sacs). The proposed north/south 8th Avenue S.W. would serve as the primary collector street with subcollectors, subaccess and minor access streets branching of it to serve areas east and west of 8th Avenue S.W. The proposed streets are more specifically described on page 10 and 11 of the Staff Report, incorporated herein by reference, and on the preliminary plat map. See Exhibit IA. 10. The average lot size is 10,937 square feet. The largest lot (#49) is 17,500 square feet and the smallest lot (#96) is 6,300 square feet. See Exhibit IA. ET IT Pkv r OFA#- BELLACARINO WOODS FILE #ILA -90 -0001 -SUB - FWHE #91-14 PAGE 6 11. Access to the subdivision will be from the south, via 8th Avenue S.W. off of S.W. 356th, and from the north via 7th Avenue S.W. under construction within the Campus Highlands Division 5 Subdivision. Proposed roads also extend to the east and west edges of the subdivision to facilitate future interneighborhood circulation. An extension of proposed 6th Avenue S.W. is intended to provide future access to the Federal Way School District property to the north. 12. The existing sight distance at the 8th Avenue S.W. and S.W. 356th intersection is inadequate. Improvements to S.W. 356th are scheduled for 1992, but the sight distance will remain inadequate even after the improvements are made. Details on the adequacy of the arterial roads is,provided in the Staff Report and is incorporated herein by reference. See Exhibit 1, pages 11 - 13. 13. The proposed development is estimated to generate a maximum of 1167 average weekday vehicle trips and 87 A.M. peak hour trips, with 27 inbound and 63 outbound. Peak hour P.M trips are estimated at 117, with 74 inbound and 43 outbound. 14. The proposed subdivision will be served by Panther Lake Elementary School, Illahee Junior High and Federal Way Senior High School. The -School District has requested the developer to address concerns such as safe walkways, crossing lights and turnoff routes for busses. The School District has not stated it could not handle additional students. See Exhibit 1AC and 1AD. 15. The nearest park is the undeveloped Panther Lake Park, a 70.3 acre community park located about 1/3rd of a mile to the north of the subject property. The Federal Way Parks Department stated that the proposed development would further burden an already deficient park system. See Exhibit 1AF. 16. The Federal Way Water and Sewer District issued a Certificate of Water Availability which indicates water will be available to meet fire flow standards and water supply. The Certificate also indicates the District's capability to provide sewer service to the proposed development. The Health Department has recommended approval of the sewage service and water supply. See Exhibit 1Q and iv. 17. Development of the subject property will generate additional runoff from new impervious roadway, roof -tops and driveway surfaces. Several studies of the containment potential of the closed depression noted in Finding of Fact 5 were conducted as detailed in the Staff Report. See Exhibit 1, page 18. The PAGOFA_ --� BELLACARINO WOODS FILE #ILA -90 -0001 -SUB - FWHE #91-14 PAGE 7 findings of those studies are incorporated herein by reference. 18. No one testified in opposition to the proposed development. Several residents and owners of property in the immediate vicinity of the site testifed at the public hearing. These individuals raised a number of concerns about the proposed development including private access to utility improvements, improvement of existing stormwater drainage problems, access to the future school site and the possiblity of harm to existing vegetation and wildlife. A primary concern expressed by residents in the area is the existing traffic situation along S.W. 356th. Those testifying have clearly established that the existing situation is perilous both for pedestrians attempting to walk along S.W. 356th and for any vehicles attempting to enter or leave S.W. 356th, especially in the vicinity of 8th Avenue Southwest. 19. The recommended conditions to approval of this preliminary plat application were available for review at the public hearing. Some conditions were modified in response to testimony presented at the public hearing. The applicant and the City testified they are in agreement on all final conditions recommended by the Examiner that are described in detail in the Examiner -as recommendation below. No member of the public present at the public hearing objected to any of the conditions recommended by the Examiner when given the opportunity to do so. IV. CONCLUSIONS The Federal Way Hearing Examiner has jurisdiction to issue recommendations on the application to the City Council. This authority is set forth in Section 155 of the Federal Way Zoning Code, and the interlocal agreement between King County and the City of Federal Way, entered into on March 13, 1990. The proposal of the applicant is subject to the review procedure as set forth in the interlocal agreement under projects designated as "List All. Pursuant to the interlocal agreement, the City of Federal Way is required to review the preliminary pkat application pursuant to the provisions of the codes of King County. Therefore, the King County standards for review of preliminary plat applications are the standards used for the review of the Bellacarino Woods application. 2. The application for preliminary plat approval of Bellacarino Woods is consistent with the goals and objectives of the applicable 1985 King County Comprehensive Plan and the 1986 PAC" OFA*_ BELLACARINO WOODS FILE /{ILA -90 -0001 -SUB - FWHE #91-14 PAGE 8 Federal Way Community Plan and Area Zoning. The plat application is also consistent with the zoning designation for the subject property in effect at the time of the application. Further, the City provided uncontradicted testimony that the proposal, if conditioned, will comply with the requirements of King County Title 19 -- Subdivisions and King County Title 21 -- Zoning and other official land use controls of King County. The proposal is consistent with the purposes and provisions of these acts. 3. The subject property contains a closed depression that has received significant amounts of stormwater runoff from the subject property and surrounding properties. It is necessary to carefully condition any approval of the preliminary plat application to ensure that drainage concerns of the City and surrounding property owners are fully addressed. To avoid a potential downstream impact, there must be no net decrease in the rate of infiltration within the closed depression and no net decrease in the volume of the closed depression. Increased rainfall runoff as a result of development of the site must be conveyed to the closed depression only to the extent that the developed 100 year runoff water surface elevation in the depression is no higher than the current 100 year runoff water surface elevation. The closed depression should also be located in a separate tract that is restricted from recreational activity in order to preserve the infiltration characteristics of the area. 4. The traffic concerns of surrounding residents and the City must be addressed by the applicant with improvements to the intersections of the access streets to the planned development with S.W. 356th Street. Conditions are necessary to ensure that the development does not exacerbate an already perilous traffic situation along S.W. 356th Street. The applicant must plan traffic flow improvements to both coordinate with planned improvements to S.W. 356th Street and, if improvements to S.W. 356th Street do not take place when planned, to ensure safe access if these improvements are not made. Conditions are also necessary to mitigate other traffic impacts caused by the development and to ensure proper construction of internal circulation systems, including appropriate alignment of internal streets with future access to the Federal Way School District site. 5. Conditions related to the extensions of water, sewer and utility lines; native growth protection and maintenance; construction on certain soil types; retention/detention facilities; erosion and sedimentation control; contribution of EeP!_!4t:)1T PACE 12 OF21J_ BELLACARINO WOODS FILE #ILA -90 -0001 -SUB - FWHE #91-14 PAGE 9 a fee -in -lieu of reservation or dedication of open space and parks; and school bus crosswalks are necessary to ensure that the proposed preliminary plat development is consistent with the public health, safety and welfare. It is the conclusion of the Examiner that the preliminary plat application reviewed at the public hearing should be APPROVED, with conditions. V. RECOMMENDATION TO CITY COUNCIL It is hereby recommended to the City Council of .the City of Federal Way that the request of the applicant for the approval of a preliminary plat for a proposed subdivision of 34 acres into 116 single-family lots on property located generally between S.W. 352nd Street and S.W. 356th Street and between 4th Avenue S.W. and 9th Avenue S.W., Federal Way, Washington, should be approved subject to the following conditions: 1. The plat shall comply with all platting provisions of Title 19 of the King County Code (King County Subdivision Ordinance). 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication which includes the language set forth in King County Council Motion No. 5952 (Exhibit AG) except as modified for the City of Federal Way. 3. The area and dimensions of all lots shall meet the minimum requirements of the S -R zone classification. Compliance with the conditions of preliminary plat approval may result in reducing the number and/or location of lots as shown on the preliminary approved plat. 4. The applicant must obtain the approval of the City of Federal Way for the adequacy of the fire hydrant, water main, and fire flow standards. 5. A Developer Extension Agreement must be entered into between the applicant and the Federal Way Water and Sewer District for the water system: As part of the design of the water system, looping of the new system to existing mainlines may be required to provide circulation and maintenance enhancements, and piping shall extend to far edges of the property in accordance with the requirements of the Federal Way Water and Sewer District. PAC.13 OF�I _ BELLACARINO WOODS FILE #ILA -90 -0001 -SUB - FWHE #91-14 PAGE 10 6. A Developer Extension Agreement must be entered into between the applicant and the Federal Way Water and Sewer District for the sewer system. As part of the agreement, the applicant will be required to extend sewer mains to the far edges of the property where property can be served, and to construct off-site utilities to obtain services. 7. Final plat approval shall require full compliance with drainage provisions set forth in King County Code 9.04 and storm drainage requirements and guidelines as established by King County Surface Water Management in effect at the time of preliminary plat application. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. The following conditions represent portions of the Code and requirements and shall apply to all plats: a. Federal Way Public Works Department approval of the drainage and roadway plans is required prior to any construction. b. A separate Erosion and Sediment Control (ESC) plan for this project shall be submitted with the drainage-ana roadway plans.. The plan shall show the limits of the area to be cleared (limits of clearing) during construction of roads and the installation of drainage improvements and utilities, and provide a schedule of construction (construction sequence). The plans shall include provisions for protecting exposed soils from weathering by wind or rain by covering piles of soil with tarp. Due to potential erosion hazard, clearing shall be limited only to the months of April through October, and only to those areas required for construction of roadways and utilities, during the months of April through October. Prior to any clearing or grading, a boundary delineation acceptable to the City of Federal Way shall be provided on the site between lots and any areas designated as a NGPE. Said boundary delineation shall remain in place until a dwelling is constructed on the lot or ownership transferred to the first owner -occupant at which time a five foot fence shall be installed. EXHIBI "__.)5 PAGE of-_02� BELLACARINO WOODS FILE #ILA -90 -0001 -SUB - FWHE #91-14 PAGE 11 C. Retention/detention (R/D) facilities used to control runoff from the site to off-site drainage courses other than the regional closed depression shall be located in separate tracts, unless located within improved City of Federal Way rights-of-way. Access for maintenance shall be provided to all facilities. This will require a 15 -foot access roadway to all R/D manholes. The design of these facilities shall conform to Chapter 9.04 of the King County Code. The design frequency storm event shall be 25 -year with runoff from the site restricted to no more than the pre -developed runoff rate for a 5 year storm event, as based on the guidelines of the May 1979 King County Storm Drainage Control Requirements and Guidelines. d. Prior to recording of the final plat, those portions of the retention/detention facilities necessary to control the flows discharging from the site shall be constructed and operational. e. Oil/water separation facilities shall be provided at each point of permanent storm drainage release from the site to prevent contaminants from entering the natural drainage features, both off-site and in the close depression area. In addition to oil/water separators, the applicant is required to provide biofiltration prior to discharge of stormwater. Such biofiltration includes 200 feet of broad,. flat -bottom, grass -lined swales or equivalent, the design of which shall be in conformance with generally accepted practices. A 15 -foot gravel access shall be provided along the entire length of each biofiltration swale for maintenance. f. Drainage outlets (stub -outs) shall be provided for each individual lot, except for those lots approved for infiltration by the City of Federal Way. Stub - outs shall be shown on the engineered plans and shall conform to the following: 1) Each outlet shall be suitably located at the lowest elevation on the lot, so as to service all future roof downspouts and footing drains, driveways, yard drains, and any other surface or subsurface drains necessary to render the lots suitable for their intended use. Each I M '- /5 O4 F BELLACARINO WOODS �l� I If� FILE #ILA -90 -0001 -SUB - FWHE X91-14 PAGE 12 PAC_ /' O� R outlet shall have free-flowing, positive drainage to an approved stormwater conveyance system or to an approved outfall location. 2) Outlets on each lot shall be located with a five -foot -high, 211x4" stake marked "storm". The stub -out shall extend above surface level, be visible and be secured to the stake. 3) Pipe material shall conform with underdrain specifications described in KCRS 7.04 and, if non-metallic, the pipe shall contain wire or other acceptable feature detectable from the surface. 4) Drainage easements are required for drainage systems designed to convey flows through more than one lot. 5) All individual stub -outs shall be privately owned and maintained by the lot home owner. g. In some cases, on-site stormwater infiltration systems may be suitable for use on individual lots depending on soil conditions. The system shall be used where suitable. To determine the suitability of the soil for infiltration systems, a soils report that includes percolation tests and a soil log taken at 6 -foot minimum depth shall be submitted by a professional engineer, or soil specialist. This shall include, at a minimum, information on soil texture, depth to seasonal high water and the occurrence of mottling and impervious layers. The report shall also address potential down gradient impacts due to increased hydraulic loading on slopes and structures. If the soils report is approved, the infiltration systems shall be installed at the time of the building permit. A note to this effect shall be placed on the face of the final plat map. The drainage plan and the final plat map shall indicate each lot approved for infiltration. h. A downstream drainage analysis shall be included with the drainage plan. This analysis must extend for a minimum distance of 1/4 mile from the point of release of each flow discharging from the site. The analysis must address any existing problems BELLACARINO WOODS PA(L.- OF -AC FILE #ILA -90 -0001 -SUB - FWHE #91-14 PAGE 13 with flooding, capacity, overtopping, scouring, sloughing, erosion or sedimentation of any drainage facility, whether natural or man-made. Probable impacts due to construction of the project must also be addressed with respect to these same concerns. Where this analysis reveals a more restrictive situation, more stringent drainage controls, than would otherwise be necessary for a project of this type, may be required. These controls may include additional on-site rate and/or volume controls, off-site improvements, or a combination of both. Any off-site improvements will require the approval of all affected property owners. i. Standard Erosion Sedimentary Control (ESC) notes, as established by the City of Federal Way Public Works Department (Exhibit 10), shall be placed on the engineered plans. j. The following note shall be placed on the face of the final plat map: "All building downspouts, footing drains, and drains from all impervious surfaces, such as patios and driveways, shall be connected to the permanent storm drain outlet as shown on the approved construction drawings on file with the City of Federal Way Public Works Department under Project # This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed prior to certificate of occupancy and shall comply with plans on file." 8. The following statement shall be shown on the approved engineering plans and recorded final plat: "Building setbacks and Native Growth Protection Easements Structures, fill. and obstructions (including, but not limited to decks, patios, outbuildings, or overhangs beyond 18 inches) are prohibited within the building setback line (BSBL) and restricted floodplains (if applicable), and within any Native Growth Protection Easement(s) as shown if established during engineering plan review. BELLACAFtINO ROODS -�T 1i FILE ifILA-90-0001-SUB - FWHE X91-14 PAGE 14 PAG v IJ? ? OF� _ / Sly Dedication of a Native Growth Protection Easement (NGPE) conveys to the public a beneficial interest in the land within the easement. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, visual and aural buffering, and protection of plant and animal habitat. The NGPE imposes upon all present and future owners and occupiers of the land, subject to the easement, the obligation, enforceable on behalf of the public by the City of Federal Way, to leave undisturbed all trees and other vegetation within the easement. The vegetation within the easement may not be cut, pruned, covered by fill, removed or damaged without express permission from the City of Federal Way, which permission must be obtained in writing from the City of Federal Way Department of Community Development or its successor agency. Before and during the course of any grading, building construction, or other development activity on a lot subject to the NGPE, the common boundary between the easement and the area of development activity must be fenced or otherwise marked to the satisfaction of the City of Federal Way or its successor agency." A five foot tall fence must be installed on the edge of any NGPE area at the time that a dwelling is constructed on the adjoining lot or ownership of that lot transferred to the first owner -occupant. This fence must be constructed of such material which would allow visibility ,of the NGPE from the lots. A statement to this effect must be placed on the face of the recorded plat. 10. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 8041 (1987 King County Road Standards). 11. There shall be no direct vehicular access to or from 8th Avenue Southwest from any corner lot which abuts it. 12. All roads shall be improved with vertical curb, gutter, and sidewalks. 13. a. All right-of-ways, roads, and sidewalks shall be dedicated to the public upon recording of the final plat. BELLACARINO WOODS FILE #ILA -90 -0001 -SUB - FWHE #91-14 PAGE 15 PACE' /q OFQ& b. A geotechnical report shall be,prepared by a licensed geotechnical engineeto address recommended designs for the proposed roadways. The report shall detail the soil and groundwater conditions. The recommendations to ensure integrity of future roadways shall be subject to review and approval by the City of Federal Way. 14. All roads will be constructed to King County full street improvements (no half -streets). The following lists the classification of each: a. 8th Avenue S.W. - Neighborhood Collector b. S.W. 352nd Street - Subcollector C. S.W. 352nd Street cul-de-sac - Minor Access d. 6th Avenue S.W., S.W. 353rd Street - Subcollector e. 5th Avenue S.W. - Subaccess f. S.W. 354th Street - Subcollector g. S.W. 356th Ct. - Subaccess h. Unnamed Cul-de-sac nearest S.W. 356th Street, east of proposed 8th Avenue S.W. - Minor Access. Note: If paved width of minor access streets are to be less than 28 feet, each lot shall provide for four off =street parking stalls per King County King County Road Standards Section 2.03 note #8). 15. Planter islands within the cul-de-sacs shall be landscaped to the approval of the City of Federal Way. The planter islands shall also be permanently maintained by the abutting lot owners. This shall be stated on the face of the final plat. 16. The applicant shall comply with K.C.C. 19.38 by providing for 1.785 acres of open space or pay to the City of Federal Way Parks Department a fee -in -lieu of reservation or dedication for open space and parks in the amount of $35,933.61. Any open space provided shall meet the requirements of King County Title 19.38. 17. Any fencing constructed along any street shall include a landscaped area placed along the perimeter of each fence. This shall be placed on the face of the plat prior to final plat recording. Adjacent property owners shall be responsible for the continued maintenance of subject landscaping. 18. At the time of recording of the final plat, any open space areas, including any areas designated as a NGPE BELLACARINO WOODS �j FILE #ILA -90 -0001 -SUB - FWHE #91-14 r%tii: Aa� 0 P.420MA5411-- PAGE 16 shall be dedicated as separate tracts. In order to provide for its ownership and continued maintenance, said tracts shall be either dedicated to the City of -Federal Way or to a Homeowners Association or other workable organization. The determination as to ownership shall be made by the City of Federal Way prior to.recording of the final plat. 19. If a Homeowners Association is formed, the Declaration of Protective Covenants, Conditions, and Restrictions shall be reviewed by the City of Federal Way to ensure that adequate provisions are made for ownership and maintenance of common areas. 20. Easements shall be provided for all utilities not located within public right of way. The width of the easements for the individual utilities shall be approved by the respective utility provider. These easements shall be clearly labelled on the face of the final plat. 21. A 10 foot utility easement shall be provided along the front 10 feet of all lots and tracts adjacent to the proposed streets. The following statement shall be noted on the face of the final plat: "Easement Reservations An easement is hereby reserved for and granted to any public utility and their respective successors and assigns, under and upon the front ten feet parallel with and adjoining the street frontage of all lots and tracts in which to install, lay, construct, renew, operate and maintain underground pipe, conduit, cables and wires with necessary facilities and other equipment for the purpose of serving this subdivision and other property with utility service, together with the right to enter upon the lots at all times for the purposes herein stated. These easements entered upon for these purposes shall be restored as near as possible to their original condition. No utility lines shall be placed or permitted to be placed upon any lot unless the same shall be underground or in conduit attached to a building." 22. The following has been established by SEPA as a necessary requirement of this development as mitigation. The applicants shall demonstrate compliance with these items prior to final plat approval. BELLACARINO WOODS G O P A I ^' FILE #ILA -90 -0001 -SUB - FWHE #91-14 PAGE 17 Pf _ # OF _2d "A closed depression of regional significance exists on the northeast portion of the site. To avoid a potential downstream impact, the existing volume of the depression, to be determined by the applicant's engineer, shall be preserved. Any proposed filling of the depression shall be fully compensated on an equivalent volume of excavation. The final engineering plan submitted to King County BALD shall address any proposed filling or grading within the aforementioned depression, with King County BALD plan review and approval required." The applicant shall also demonstrate subject to the approval of the City of Federal Way, that the net infiltration rate of the existing closed depression is not decreased in the final closed depression design. 23. Increased rainfall runoff as a result of development at this site will be allowed to be conveyed to the closed depression only to the extent that the developed 100 -year runoff water surface elevation in the depression is no higher than the current 100 -year runoff water surface elevation. Control of this runoff may be accomplished by a combination_o£-methods including but, not limited to, on-site infiltration systems, compensation storage excavation, on-site detention facilities, etc. The conceptual storm drainage system as depicted in Exhibit A shall be closely adhered to for the final design unless a more beneficial system is determined during design and accepted by Federal Way Department of Public Works. Final design elements shall be governed by first, the results of a closed depression analysis being conducted by Brown & Calwell for the City of Federal Way in relation to the proposed improvements to S.W. 356th Street and secondly, by the results of any amendment to previous closed depression analysis and infiltration studies if needed during engineering plan review, to be prepared by the developer's engineer. A detailed analysis of the storm drainage system and the closed depression shall be prepared by a licensed professional engineer experienced in hydraulics/hydrogeology to assure compliance with this condition. The analysis shall include potential runoff contributions from Madronna Meadows overflow and bypass through the site to the closed depression. A 15 -foot graveled road access shall be provided into the closed depression area to provide for future maintenance. BELLACARINO WOODS FILE #ILA -90 -0001 -SUB - FWHE #91-14 PAGE 18 F T__1 OF - The closed depression area of the site shall be located in a separate tract and shall be restricted from development of any organized recreational activity facility in order to preserve the natural infiltration characteristics of the area. A statement to this affect shall be placed on the face of the final plat. 24. The applicant shall participate with the City in developing and financing school bus crosswalks in the area. The exact location of these crosswalks shall be determined by the City of Federal Way and the Federal Way School District. The applicant shall also revise the proposed roadway between Lots 68 and 69 to align with the roadway opposite•Lot 64 to provide future access to the Federal Way School District site at the higher elevation. 25. Prior to the release of performance bonds for this development, a traffic signal at the S.W. 356th Street/8th Avenue S.W. intersection shall be installed and operating. Exact design requirements will be determined during engineering plan review. A latecomer's agreement may be entered into by the developer/owner prior to the issuance of any single family building permits. Lots 1-10 and 99-116 as depicted on Exhibit A of the staff report, shall not be allowed to obtain building permits until the traffic signal at S.W. 356th Street/8th Avenue S.W. has been installed. The remainder of the plat will be allowed to continue normal platting processing subject to an alternative full street access through S.W. 354th Street connecting to S.W. 356th Street subject to the approval of the Federal Way Director of Public Works. 26. Prior to Final Plat recording, the developer or owner shall either volunteer to pay a pro -rata share in the amount of $9,360 (State) and $2,661 (City of Federal Way) to interim improvements of SR 161/SR 18 intersection, or reduce the size of the plat to 26 lots until the state is within one-year of construction of subject improvements. 27. Prior to Final Plat recording, the developer or owner shall either volunteer to pay a. pro -rata share in the amount of $20,200.00 to the City of Federal Way towards the S.W. Campus Drive six year Transportation Improvement Program, or reduce the total number of lots which would generate less than 10 peak hour trips at the S.W. Campus Drive and 6th Avenue S.W. intersection. BELLACARINO WOODS A FILE #ILA -90 -0001 -SUB - FWHE ##91-14 PAC E O f An PAGE 19--MT"ii"""" 28. A geotechnical/soils report shall be submitted along with each building permit application for any lots containing slopes in excess of 20%. This'condition shall be placed on the face of the plat prior to final plat recording. 29. If the developer proposes to relocate the retention facilities (for increased runoff from the improvements to S.W. 356th Street) from proposed lots 3, 4, and 5, to the closed depression, compensating storage in the depression shall be excavated in the amount equal to that required for the originally proposed retention facility. A 15 - foot gravel access shall be provided to each catch basin structure along the conveyance system from S.W. 352 street to the closed depression., DONE AND DATED THIS 18th DAY OF NOVEMBER, 1991. THEODORE P. HUNTER, HEARING EXAMINER VI. RIGHTS TO RECONSIDERATION AND APPEAL Any person who has a ri-ght..to-appeal a decision under the Federal Way Zoning Code may request the Hearing Examiner to reconsider any aspect of his or her decision by delivering a written request for reconsideration to the Planning Department within seven (7) calendar days after the date of issuance of the Hearing Examiner's decision. The person requesting the reconsideration shall specify in the request what aspect of the decision 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 appeal under the Federal Way Zoning Code, whether or not the decision will be reconsidered. The Hearing Examiner may reconsider the decision 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 decision of the Hearing Examiner may be appealed by any person who is to receive a copy of that decision pursuant to FWZC 150.65.6. That appeal, in the form of a letter of appeal, must be delivered to the Planning Department within fourteen (14) calendar days after the issuance of the Hearing Examiner's decision 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 BELLACARINO WOODS FILE #ILA -90 -0001 -SUB - FWHE #91-14 PAGE 20 decision. The letter of appeal must contain a clear reference to the matter being appealed and a statement of the specific factual findings and conclusions of the Hearing Examiner dispute& by the person filing the appeal. The person filing the appeal shall include, with the letter of appeal, the fee established by the City. The appeal will not be accepted unless it is accompanied by the required fee. The decision of the Hearing Examiner may be appealed whether or not there was a request to reconsider the Hearing Examiner's decision. E `T PAS= _- OF.. r i —SODOM ONINVOYI138 133HS X30NI 4 NYId 11YN3AO aFI, �` �.a Lj— ., O son I ;- 66 F !a 0 a r W �� o o 6 _ 2 N i � •-1 �_ '� f �fEai � J u S Ej PP M tl I -. I � • .1. 11"... 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Sanitary Sewer Easement _ ROBERT R. RINALDI [:] RANDA L r -I NEIGHS LJ CHARLES J.A MJ CONNON JR. PAUL H. REISING -R(15, O) J STUART FINELY ROGER E. BRONOSTETTER EXHIBIT_ FACE 1 OFA_ IT R fYt/. I])O � ®s/ �x 1 L.i !Y V / MARK T. b SHERYL A. G)_ASGOW �N k. Fy�'1 t®�r ��•�1�1 S -R 6 gOGER K. KOCi a+ e Y1.01 T ' L.r Rgilio i tN� 1..11. 1. °tl a° p111�555�1111 SIMMONS TROY tJ EMERALD FOREST ASSOCIATES 1 I 1 4 WAY SCH OL DIST. 20 i 1 "" j -J _r � RM 0 P 28.6 J _ _ -240 �i R yWgN GIL CHOE �5 I ---- 5 � l� -- Je•_ I. 5 5 n' ° l✓0N OE \ 4 6 ' 719 \1\�6 1 � Location of Off -Site ES L 1% VERNON A. WEBER SR. Sanitary Sewer Easement _ ROBERT R. RINALDI [:] RANDA L r -I NEIGHS LJ CHARLES J.A MJ CONNON JR. PAUL H. REISING -R(15, O) J STUART FINELY ROGER E. BRONOSTETTER EXHIBIT_ FACE 1 OFA_ IT R fYt/. � ®s/ MO 200 SCALE 0 0 �N k. Fy�'1 t®�r ��•�1�1 a+ Fff/ONAI Y1.01 T ' L.r Rgilio ua r. tN� 1..11. 1. °tl a° MEMORANDUM DATE: JANUARY 23, 1995 TO: SKIP PRIEST, CHAIR LAND USE AND TRANSPORTATION COMMITTEE FROM: SAEID DANIARI, CITY TRAFFIC ENGINEER��- RE: TRAFFIC SIGNAL FLASHING OPERATION Backaround: Staff has been receiving calls relative to motorists having to stop at signalized intersections when there is no traffic on the main streets. Considering the low magnitude of traffic at nights (11:00 P.M. to 5:30 A.M.) along main streets, we are proposing a flashing operation within the City limits. There are two reasons for flashing a traffic signal; 1 .) To reduce the level of control when traffic volume is low, thus reducing delay, 2). To provide a safe method of control when the signal is inoperative. While a traffic signal may be needed at an intersection during much of the day, it is often the case that the signal is not needed all of the time. During such times, the signal should be operated in the flashing mode. In general, when a signal is operated in the flashing mode, it is most efficient for traffic if the major street is flashing yellow and all other streets are flashing red. Only when both streets have equal volume, all red conditions would apply. All signals facing a given approach will be flashing the same color. Left turn signals should not be flashing red while their associated through movement signals are flashing yellow. In addition, pedestrian signals will be dark during flashing operation. Currently the City of Tacoma utilizes this program in various locations of its jurisdictions. Recommendations: The committee to consider traffic signal flashing operation during the period of 11:00 P.M. to 5:30 A.M. at all non -major intersections. CITY OF DATE: January 24, 1995 TO: Councilmember Skip Priest, Chair Land Use/Transportation Committee FROM. Ken Miller, Street Systems Manager SUBJECT. • South 348th Street Improvements Interlocal Agreement to Provide Construction Management Services To administer the construction contract for South 348th Street, the City requires a consultant to verify work is performed in accordance with the contract, outside funding agency requirements, and to maintain a safe roadway for the public during construction. South 348th Street and Highway 99 are State Highways requiring State approvals on portions of the work. There is also a Washington State Department of Transportation (WSDOT) project this summer on Highway 18, it starts where the South 348th Street project ends and runs east to Peasley Canyon. Therefore, using the WSDOT to provide construction management services will allow coordination of the two highly complicated, heavily congested projects, and shared use of personnel between them. Attached is the draft Interlocal Agreement between the WSDOT and Federal Way for construction management services. This agreement is currently being reviewed by the WSDOT. RECOMMENDATION 1. Approve contracting with the WSDOT for $334,500 for construction management for the South 348th Street project. 2. Recommend the City Council authorize the City Manager to execute the Interlocal Agreement between the WSDOT and Federal Way. The final Interlocal Agreement will be brought back to Council for approval. KM:jd iAKEN\348TH.LUC DRAFT INTERLOCAL AGREEMENT BETWEEN THE STATE OF WASHINGTON, DEPARTMENT OF TRANSPORTATION AND THE CITY OF FEDERAL WAY FOR CONSTRUCTION ADMINISTRATION THIS AGREEMENT, made and entered into this day of 1995, between the State of Washington, Department of Transportation, acting by and through the Secretary of Transportation, hereinafter called the "State," and the City of Federal Way, 33530 1st Way South, Federal Way, Washington 98003, hereinafter called the "City;" WHEREAS, the City is planning to construct a project called South 348th Street Improvement Project, hereinafter called the "Project," and WHEREAS, the City has advertised and awarded the Project, and WHEREAS, the City has requested that the State perform construction administration of the Project, and WHEREAS, it is in the best interest of the public for the State to take the lead in construction administration of the Project, and WHEREAS, the City is obligated for the cost of the Project, NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1. The State will act as lead agency in construction management of the Project. 2. The State will furnish the inspection, materials, equipment, and tools required for the construction administration of the Project. 3. The City, in consideration of the faithful performance of work to be performed by the State, agrees to reimburse the State for the actual direct and related indirect costs of the Project, including construction engineering and overhead, up to, but not to exceed Three Hundred Thirty -Four Thousand and Five Hundred Dollars ($334,500.00). An itemized estimate of cost for work to be performed by the State at the City's expense marked "Exhibit All is attached hereto and by this reference made a part to this Agreement. 1 k"111 �'Mn 4. In the event it is determined that any change to the plan specification and estimate is required for construction of the Project, written approval must be secured from the City prior to the beginning of such work. 5. Reimbursement for increased work, costs and/or a change in the Project shall be limited to costs covered by a written modification, change order or extra work order approved by the City. 6. Partial payment, to cover costs incurred, are not to be more frequent than one (1) per month and shall be made by the City to the State within thirty (30) days following receipt of such request for partial payment. 7. It is agreed that any partial payment will not constitute agreement as to the appropriateness of any item, and that required adjustments will be made at the time of final audit. In the event that such final audit indicates an overpayment to the State, the State agrees to refund the overpayment to the City within thirty (30) days after being billed therefore. 8. State's duration of obligation under this agreement shall end once all roadway and electrical work is completed and accepted by the City; thereafter the City shall assume responsibility for construction management of the Project. The City shall administer the landscape and plant establishment portion of the Project. 9. During the progress of the Project, up to the ending of the State's construction management, the records and accounts pertaining to the engineering of the Project, including red lined working plans showing changes to the plans, will be maintained and provided to the City by the State. Thereafter the City will maintain the records of the Project and shall prepare as-builts for use in the event of a litigation, claim, audit or any other purpose. 10. The City will make payments directly to the contractor based on approval of payment from the State. The City shall review and approve all payments to the contractor upon State's approval of the payment. 11. In the event construction claims are made by the contractor including all claims of subcontractors, materialmen, suppliers and others, the State will notify the City immediately of such claims. Such claims shall be made in the manner and form as provided for in Section 1-09.11 of the Standard Specifications which section shall be included in any contract entered into by the State. 2 W1 12. The City shall have the right to review and approve all payment of claims. In the event such claims are not settled, the City shall defend such claims at its cost with full control of such claims, provided, that the City shall not be obligated to pay any such claims or the costs of defense if the claims are caused by the fault of the State in the administration of the Project, in which case the State shall be obligated to pay for such claims and the cost of the defense. 13. The City will grant to the State a right of entry upon all lands over which the City has jurisdiction and control, within or adjacent to the right-of-way that is necessary for the purpose of constructing the Project, and is otherwise available for such purposes. 14. Neither the execution of this Agreement nor any payments made hereunder shall obligate the State or City to undertake any additional work except as may be authorized pursuant to this Agreement and/or agreed to in a written supplement related to this Agreement for services regarding the South 348th Street Improvement Project. 15. (a) In executing this Agreement, the State does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence, validity or effect of city ordinances, rules or regulations. If any such cause, claim, suit, action or administrative proceeding is commenced, the City shall defend the same at its sole expense and if judgment is entered or damages are awarded against the City, the State, or both, the City shall satisfy the same, including all chargeable costs and attorneys' fees. (b) The State shall indemnify and hold harmless the City and its officers, agents, and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of the State, its officers, agents, and employees in performing services pursuant to this Agreement. (c) In the event that any suit based upon such a claim, action, loss, or damage is brought against the City or the City and the State, the State shall defend the same at its sole cost and expense; and if final judgment be rendered against the City and its officers, agents, and employees or jointly against the City and the State and their respective officers, agents, and employees, the State shall satisfy the same. (d) The City shall indemnify and hold harmless the State 01 i and its officers, agents, and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of the City, its officers, agents, and employees. (e) In the event that any suit based upon such a claim, action, loss, or damage is brought against the State or the City and the State, the City shall defend the same at its sole cost and expense; and if final judgment be rendered against the State, and its officers, agents, and employees or jointly against the State and the City and their respective officers, agents, and employees, the City shall satisfy the same. 16. (a) The State and the City certify that they are Equal Opportunity Employers. The State has developed and implemented Affirmative Action Programs in accordance with the guidelines in Revised Order 4 of the United States Department of Labor. The City is an equal opportunity employer. (b) In all contractor services, programs or activities, and all contractor hiring and employment made possible by or resulting from this Agreement, there shall be no discrimination by contractor or by contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall not violate any of the terms of Chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973 or any other applicable federal, state or local law or regulation regarding non-discrimination. Any material violation of this provision shall be grounds for termination of this Agreement by the City and, in the case of the contractor's breach, may result in ineligibility for further City agreements. 17. The records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review or audit by the State or the City during the term of this contract and three (3) years after termination. 18. The Agreement may be amended at any time by mutual written agreement of the authorized representatives of the 4 parties. 19. The parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. 20. (a) The parties shall each appoint representatives to review contract performance and resolve problems which cannot be dealt with by the State and City liaisons. Each party shall notify the other in writing of its designated representatives. The State and City liaisons will meet at least quarterly, with either party authorized to call additional meetings with ten (10) days' written notice to the other. (b) Any problem which cannot be resolved by the parties' designated representatives shall be referred to the Pubic Works Director or his assignee and the Washington State Department of Transportation, Transaid Engineer for settlement. 21. If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of the parties. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first written. CITY OF FEDERAL WAY By: ATTEST: Kenneth E. Nyberg, City Manager 33530 1st Way South Federal Way, WA 98003 ty Clerk, Maureen M. Swaney, CMC APPROVED AS TO FORM: City Attorney, Londi K. Lindell 5 WASHINGTON STATE DEPARTMENT OF TRANSPORTATION By: APPROVED AS TO FORM: ASSISTANT ATTORNEY GENERAL DATED K:\psa\S348th.agt 1/19/95 FRCH .W5DOT D-1 OP9 TO . 206661.1125 ESTIMATE OF STAu Construction Engineering (CE) Chtuges Grading/Drainage/Paving Wall Signals Landscaping Field Assistanw Malls testing and documentation Administration and office support Surveying support/assistance Outside supporl (HQ, lab, eta.) Overtime Total y 1555.01-12 1.5 pa0ple for 9 months 1 person for 2 months 1.5 people for 4 months 1 person for I month I person for 6 months I person for 6 months 3 people for 6 months 4 people for 1/z month 0,5 person for 4 months Construction Engineering Office Overhead and Vehicle Costs Total (CE) Cost 05. 36FY'I ii0B5 P. 05/05 12 man/months 2 man/months 6 manhnonths I maii/numths 6 mtui/rnvnths G ninnlmonths 18 niantmonth 2 man/months 2 mantmondis 6 marY nonths 61 man/months 61 nim a $4„500/mm = $274,500 8 mo. x$7,500/mo = '6(I lOO $334,5W 0195MO4 G C 7 0 3 9'7 EXHIBIT A n n rl 1995 LONG RANGE PLANNING WORK PROGRAM (January, 1995) CITYSHAPE COMPREHENSIVE PLAN Alternative Plan Concepts - Done 1993 Draft EIS - Done 1993 Draft Plan Chapters - Done 1994 Population and Employment Growth Projections Land Use Housing Transportation Capital Facilities and Finance Private Utilities Environmentally Sensitive Areas Annexation City Center Implementation Cityshape Vision Statement Release Draft - February 7, 1995 Supplimental SEPA Work - March 15, 1995 Planning Commission Public Hearings - April, 1995 City Council Review and Decision - June, 1995 Cityshape Comprehensive Plan Revise Comprehensive Plan - July - September, 1995 Publish Final EIS - September, 1995 Planning Commission Public Hearings - September, 1995 City Council Review and Decision - January, 1996 MAJOR CODE REVISION Previously Prioritized (1993) List Landscape Ordinance Done December, 1993 Sign Code March, 1995 Parking Ordinance Subdivision Ordinance Manufacturing Park & Office Park Code Sections To Implement Comprehensive Plan City Center Zone Multiple Family Residential Zones Business Park/Corporate Park/Mfg Park/Office Park Impact Fees - Schools, Streets, Parks Planned Unit Development Ordinance Design Review Ordinance CITYWIDE REZONES TO IMPLEMENT THE PLAN Depending on what the council decides to do with the comprehensive plan, the city may be required to rezone areas of the city so that the zoning on property is consistent with the land use recommendations in the plan. MINOR CODE REVISIONS Previously Prioritized (March 1994) List Homeless Shelters - 85% complete September, 1994 School Impact Fees Discretionary Permit Process Variable Wetlands Buffers Historic Preservation Program Other Minor Code Revisions Accessory Housing Units Amendments to Building Modulation Requirements ANNEXATIONS Weyerhaeuser - September 1994 Enchanted Village, et al - Third Quarter 1995 North Lake - ? Fran : Mark FreitaS.CCIM PHDIE No. : 206 838 S-177 Jan.23 1995 3:37FM P02 SENT SY:CITY OF FEDERAL WAY 1-2386 t 16103 1 CITY OF FEDERAL WAY- 206 686 6827ip 2 CITY OF FEDERAL WAY MEMORANDUM DTRs January 23, 1943 TO: Mayor Gates and City councu 1 umber t FROM.- Fodoral Way l?launing Commiaiot� Marla Frettasl Chairman' SUBJECT! *Couslag Awues At Ita January lath, meeting, the Federal W9ay asuuing Co;;=Wssiuu held a short discussion about housing issues, and particularly low and moderate income housing, Since 1991, ,vhen the commlxtleu accepted testimony about accessory hardship housing, the commission has ban expressing Concern about the need for more affordable housing in this Cum munity and the code revisions necessary to provi Ile it, More recently, when the commission. conducted hearings on the special needs hoa;sinE and homeless shelter code revisions, it again recomauended that affordable housi: g issues be given high priority in the couunission's work program. The coumd"'Qu coatluues to support policy direction and S;; eciflc actim that will provide low end moderate Income housing, including senior housing, in this community. The commission respectfully requests that the City Council :.u'just the Planning Cumudbslou work program accordingly.