Mirror Lake Highland HEX Staff Report
Staff Report to Hearing Examiner Page 1 of 4
Mirror Lake Highland Plat Alteration File No. 21-102213-SU / Doc. I.D.81561
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT TO HEARING EXAMINER
MIRROR LAKE HIGHLAND PLAT ALTERATION
Federal Way File No. 21-102213-SU
Report prepared by Jim Harris, Senior Planner, August 4, 2021
Public Hearing – Wednesday, August 11, 2021 – 10:00 AM
Via Zoom – 1 253 215 8782, 1 206 337 9723, 213 338 8477
888 788 0099 (Toll Free) or 877 853 5247 (Toll Free)
Webinar ID: 964 9364 1243 / Passcode: 999714
https://cityoffederalway.zoom.us/j/96493641243?pwd=ZUZSSFZUR2Zzbm5odW4xQVlkL292dz09
I RECOMMENDATION
Approval of the Mirror Lake Highland Plat alteration application to eliminate note 5 on sheet 2 is
recommended (Exhibit A – Plat Alteration Application). City of Federal Way staff has reviewed the plat
alteration application and find it complies with the Federal Way Revised Code (FWRC).
II SUMMARY
Meeting Date: Hearing Examiner Public Hearing; August 11, 2021; 10:00 AM.
Plat Location: The proposal pertains to the entire Mirror Lake Highland final plat located generally at
604 SW 312th Street, Federal Way, WA; King County parcel’s 555790-0010; -0020; -
0030; -0040; -0050; -0060; -0070; -0080; -0090; -0100; -0110; -0120; -0130; -0140; -
0150; & -0160.
Application
Description: Application to alter/revise the recorded Mirror Lake Highland Plat to eliminate note 5 on
sheet 2 of the recorded plat that references an affordable housing requirement on lots 7
and 13 (Exhibit B – Mirror Lake Highland Plat Alteration / Amendment Map).
Specifically, the application is to remove the plat note which states: “Affordable Housing
Lots – Lots 7 and 13 are designated as affordable housing units per City of Federal Way
Cottage Housing Ordinance, Federal Way Revised Code Chapter 19.250, Section
19.250.150. The affordable housing sales covenant, as approved by the City, shall be in
force for 15 years from initial occupancy.” According to procedures outlined in FWRC
18.45.040, the applicant requests alteration of the recorded final plat to eliminate note 5
on sheet 2 regarding affordable housing. The Hearing Examiner will hold a public
hearing on the application, and make a written recommendation to the City Council. The
City Council will make the final decision on the application.
Staff Report to Hearing Examiner Page 2 of 4
Mirror Lake Highland Plat Alteration File No. 21-102213-SU / Doc. I.D.81561
Mirror Lake Highland is a recorded 16-lot single-family residential subdivision for a
cottage housing project on approximately 1.85 acres. The Mirror Lake Highland final plat
application was granted approval by the Federal Way City Council on January 15, 2019,
via City Council Resolution 19-748 (Exhibit C).
Access to Mirror Lake Highland is from the north side of SW 312th Place onto a new
private roadway (6th Lane SW) within the plat. All required roads, sidewalks, storm
drainage facilities, sewer lines, water lines, and related improvements for the project have
been constructed, or are financially guaranteed. New single-family residences have been
constructed on each of the 16 lots in the Mirror Lake Highland Plat, except lots 7 and 13
are still vacant and undeveloped.
Applicant: Bill McCaffrey
Mirror Lake Highland LLC
30929 37th Place SW
Federal Way, WA 98023
253-709-8747, bill@thenexusstudio.com
Surveyor: Informed Land Survey
Evan Wahlstrom
PO Box 5137
Tacoma, WA 98415
Water: Lakehaven Water and Sewer District
Sewer: Lakehaven Water and Sewer District
Fire District: South King Fire and Rescue
School
District: Federal Way Public Schools
III HISTORY AND BACKGROUND
Federal Way Comprehensive Plan (FWCP) and zoning designation for the subject property are Single
Family High Density Residential and RS 7.2, respectively. The Mirror Lake Highland Plat is a cottage
housing project as discussed below.
Cottage Housing – In 2006, the Federal Way City Council adopted a cottage housing ordinance, which
authorized cottage housing on a demonstration project basis. FWRC 19.05.030(C), defines cottage
housing development (CHD) as a residential lot development consisting of clusters of between 4 and 16
detached dwelling units that include cottages and may include compact single-family (CSF) units that
meet specific criteria that limit the size of the building, and contain requirements for common open space
and specific architectural design standards. Cottage homes are restricted in square footage but are allowed
at roughly twice the density permitted by the underlying zone, are single-family ownership homes, and
are characterized by home orientation to a shared central open space.
At the time of the CHD review and approval, the FWRC included an affordable housing bonus that
allowed a CHD to exceed the base level of 12 dwelling units up to a total of 16 dwellings, provided one-
half of all dwelling units over the base level of 12 were designated for affordable housing. For the Mirror
Lake Highland Plat, 16-lots were approved, subject to two of the lots being for affordable housing.
Staff Report to Hearing Examiner Page 3 of 4
Mirror Lake Highland Plat Alteration File No. 21-102213-SU / Doc. I.D.81561
Preliminary Plat – The 16-lot Mirror Lake Highland Preliminary Plat was granted approval by the
Federal Way City Council on November 4, 2008, per Resolution 08-535. The 1.85-acre subdivision
includes tracts for storm drainage, lot access, landscaping, and open space/common areas.
Final Plat – The 16-lot final plat of Mirror Lake Highland was approved by the City Council on January 15,
2019, via City Council Resolution 19-748.
Home Construction – A cottage or compact single-family residence has been constructed on each of the
16 lots in the Mirror Lake Highland Plat, except lots 7 and 13 are undeveloped and vacant.
IV STATE ENVIRONMENTAL POLICY ACT (SEPA)
On July 20, 2021, for the proposed plat alteration, the city issued a SEPA addendum (Exhibit D) to the
original SEPA Determination of Nonsignificance (DNS) for the April 16, 2008, preliminary plat application.
V FINDINGS OF FACT
1. The applicant and majority of owners of lots in Mirror Lake Highland Plat have applied to alter the
recorded plat map to eliminate note 5 on sheet 2 of the recorded final plat map. Note 5 states:
“Affordable Housing Lots – Lots 7 and 13 are designated as affordable housing units per City of
Federal Way Cottage Housing Ordinance, Federal Way Revised Code Chapter 19.250, Section
19.250.150. The affordable housing sales covenant, as approved by the City, shall be in force for 15
years from initial occupancy.”
2 FWRC Chapter 18.45 governs the alterations of plats.
3. The Mirror Lake Highland final plat was approved by the City Council on January 15, 2019, via City
Council Resolution 19-748. As required by FWRC 19.250.150, in effect at the time of preliminary
and final plat approval, a note implementing FWRC 19.250.150 requiring affordable housing on lots
7 and 13 was placed on the final plat map.
4. At the time the Mirror Lake Highland preliminary plat application (file 07-106874-SU, November 4,
2008) and the final plat application (18-104198-SU, January 15, 2019) was approved by the City
Council, FWRC 19.250.150 regarding affordable housing bonus was in effect and applicable to the
Mirror Lake Highland Cottage Housing Plat. FWRC 19.250.150 was titled: Affordable housing bonus
in RS zoning classifications. In summary, FWRC 19.250.150 stated in part: In the RS zones, CHD’s
that include affordable units may exceed the base level of 12 dwelling units up to a total of 16
dwelling units (assuming adequate overall lot size). One-half of all dwelling units over the base level
of 12 must be affordable (for example, a total of four additional dwelling units may be permitted if
two of these are affordable)” (Exhibit E – Repealed FWRC 19.250.150).
5. City Council Ordinance 20-899 (Exhibit F) approved by the City Council on November 4, 2020,
repealed in entirety FWRC 19.250.150 which contained the affordable housing bonus standard for a
cottage housing development.
6. Following City Council adoption of Ordinance 20-899, an application was submitted to the city to
alter the Mirror Lake Highland Plat, to eliminate the affordable housing requirement on lots 7 and 13
Staff Report to Hearing Examiner Page 4 of 4
Mirror Lake Highland Plat Alteration File No. 21-102213-SU / Doc. I.D.81561
as specified on note 5 sheet 2 of the Mirror Lake Highland recorded plat. Elimination of note 5 on the
final plat, if approved, would allow lots 7 and 13 to be developed and sold without an affordable
housing requirement.
7. The application to eliminate note 5 on sheet 2 of the Mirror Lake Highland final plat is consistent
with current FWRC Ordinance 20-899, which repealed the prior affordable housing bonus in a CHD
formerly codified under FWRC19.250.150. No other portions of the FWRC require affordable
housing for a 16-lot single family plat.
8. Other than eliminating note 5 on sheet 2 of the Mirror Lake Highland Plat map, no other changes or
alterations to the plat are requested or proposed.
9. The plat alteration application is consistent with FWRC 18.45.050(2), as the application does not
affect: the land division design; lot design; open space and recreation; and pedestrian and bicycle
access. All of these above design requirements were reviewed and approved with the final plat
application review and approval by the City Council on January 15, 2019, via Resolution 19-748.
10. The plat alteration application is consistent with FWRC 18.45.050(3), as the application does not
affect: street improvements and dedication of rights-of-way and/or easements; density regulations;
streets and rights-of-way; water; sewer disposal; storm drainage; other utilities; street lighting; and
monuments. All of these above development standards were reviewed and approved with the final
plat application review and approval by the City Council on January 15, 2019, via Resolution 19-748.
VI CONCLUSION
The application to eliminate note 5 on sheet 2 of the Mirror Lake Highland Plat is consistent with the
current FWRC. City Council adoption of Ordinance 20-899 eliminated the prior provision for affordable
housing bonus units in a CHD. The plat alteration application does not impact and is consistent with the
design requirements and development standards in FWRC 18.45.050(2) and (3). City of Federal Way staff
have reviewed the plat alteration application and recommend approval of the Mirror Lake Highland Plat
alteration to eliminate note 5 from sheet 2, as the application complies with current FWRC based on the
findings above.
VII EXHIBITS
Exhibit A Plat Alteration Application
Exhibit B Mirror Lake Highland Plat Alteration / Amendment Map, received June 25, 2021
Exhibit C City Council Resolution 19-748, Approving Mirror Lake Highland Final Plat
Exhibit D SEPA Addendum to DNS, July 20, 2021
Exhibit E Repealed FWRC 19.250.150
Exhibit F City Council Ordinance 20-899 repealing FWRC 19.250.150