2010-01-27 HEX #10-001 Staff ReportCOMMUNITY DEVELOPMENT SERVICES DEPARTMENT
STAFF REPORT TO THE
FEDERAL WAY HEARING EXAMINER
Norpoint Heights Preliminary Plat
Federal Way File No. 08-100329-00-SU
Related File No: 08-100330-00-SE
PUBLIC HEARING
JANUARY 2712010
2:00 P.M.
FEDERAL WAY CITY HALL
CITY COUNCIL CHAMBERS
33325 81h Avenue South
Table of Contents
I.
General Information .......................................................................................................................2
11.
Consulted Departments and Agencies............................................................................................3
1II.
State Environmental Policy Act ........... ....................... ......
............. ...::............. .......... .:.::................3
IV.
Natural Environment ............................... .............. ..............
........... ............................................. ...3
V.
Neighborhood Characteristics ............................... :..........................
................. .. ................ ............. 4
VI.
General Design........................................................................_..........................:.:...........................4
VII.
Transportation ................................. ............. ............................
......... ............. .......................... ......5
VIII.
Public Services .......................... .................................................................................
............ ........6
IX.
Utilities..............................................................................................................._......_.........
..... 7
X.
Analysis of Decisional Criteria ......................... .....................
..................... ....:................................. 8
XI.
Findings of Fact ...................................................................................................I..................10
XII.
Recommendation.........................................................................................................
,.......... 12
XIII.
List of Exhibits ............. ............................................................
:....I ........... :................... .............. 12
Report Prepared by:
David Lee, Associate Planner
January 19, 2010
File No.- 08-100329-00-SU (SEPA Related File No: 08-100330-SE)
Engineer: ESM Consulting Engineers — Stuart Scheuerman
33915 1" Way South, Suite 200
Federal Way, WA 98063
Owner: Landmark Homes, Inc. — David Litowitz
PO Box 26116
Federal Way, WA 98063
Action
Requested: Preliminary plat of a 14-lot single-family residential subdivision as provided for
under Federal Way City Code (FWCC) Chapter 20, "Subdivisions;'' and requiring
approval pursuant to FWCC Section 20-110.
Staff
Representative: Associate Planner David Lee, 253-835-2622
Staff
Recommendation: Denial of Preliminary Plat
I. GENERAL INFORMATION
A. Description of the Proposal —The proposal is to subdivide 3.0 acres into 14 residential single-
family lots. Street improvements, water, sewer, utilities stnrm rlrainana — 4 - t
v b.. �.vuu w ai�1Y1 v V b1LG111J,
and other related infrastructure improvements will be installed to service the plat.
The preliminary site plan, along with a conceptual utility, and grading plan by ESM Consulting,
are enclosed (Exhibit A), Additionally, the tree retention plan, street tree plan, landscape plan,
and details plan, resubmitted August 25, 2009, have also been enclosed (Exhibit D).
B. Location — The subject property is located at Norpoint Way NE (Tacoma) & 25"' Avenue SW
(Federal Way) near SW 353rd Street in Federal Way, WA (Exhibit B).
C. Parcel No. — 25210.3-9026. Legal description is shown on the plat.
D. Size of Property — The subject site has a land area of 130,680 square feet (3.0 acres).
E. Land Use and Zoning —
Direction Zoning
Site
RS 7.2/5.0
North
RS 7.2
South
RS 5.0
East
RM 1800/2400
West
N/A -Tacoma
Comprehensive Plan
SF - High Density
SF - High Density
SF - High Density
Multi -Family
N/A
Existing Land Use
Single -Family Residential
Single -Family Residential
Single -Family Residential
Multi -Family Residential
N/A
F. Background — The preliminary plat of Norpoint Heights was submitted on January 22, 2008
(Exhibit Q. The application was determined complete on February 21, 2008.
StafrRepoit to the Fedcrai Way Hearing Examiner
Norpoint Heights Preliminary Plat
Page 2
File No. 08-100329-00-SU/mac. I.D. 52236
II. CONSULTED DEPARTMENTS AND AGENCIES
The following departments, agencies, and individuals were advised of this application.
A. Community Development Review Comrnittee (CDRC), consisting of the Federal Way
Community Development Services Planning and Building Divisions; Public Works Engineering
and Traffic Divisions; Parks, Recreation, and Cultural Resources Department; South King Fire
and Rescue; Lakehaven Utility District; City of Tacoma; and Federal Way Public Schools. CDRC
comments have been incorporated into this report where applicable.
B. All property owners and occupants within 300 feet of the site were mailed notices of the complete
preliminary plat application (Exhibit D). The site was also posted and notice published in the
newspaper and on the City's official notice boards.
C. In accordance with the State Environmental Policy Act (SEPA) and FWCC Chapter 18,
"Environmental Protection_" all property owners and occupants within 300 feet of the site; and all
affected agencies; were notified of the proposed action and the City's environmental decision. In
addition, the site was posted and notice placed in the newspaper and on the City's official notice
boards.
III. STATE ENVIRONMENTAL POLICY ACT
An Environmental Determination of Nonsignificance (DNS) was issued by the City of Federal Way
for the proposed action on August 12, 2009 (Exhibit E). This determination was based on review of
information in the project file, including the environmental checklist (Exhibit F), and staff evaluation
of the environmental checklist for the Norpoint Heights Subdivision (Exhibit G), resulting in the
conclusion that the proposal would not result in probable significant adverse impacts on the
environment, provided the subdivision is designed in accordance with city codes and policies.
No comments or appeals on the SEPA decision were submitted to the City.
IV. NATURAL ENVIRONMENT
A. Soils — The 1973 King County soils survey map lists the soils type as Alderwood Gravelly Sandy
Loam (AgB). Alderwood soils are characterized as moderately well drained soils that have a
weakly consolidated to strongly consolidated substratum at a depth of 24 — 40 inches. AgB soils
are described as capable for urban development, runoff is slow, and erosion hazard is slight.
Typical soils excavation will occur with the street construction, at the site of the proposed on -site
water quality/flow control treatment facility, and for utility installation. The preliminary clearing
and grading plan depicts clearing limits for construction of the following facilities: street right-of-
way, surface water pond, demolition of existing structures, and utility development.
B. Topography — ESM Consulting, has prepared a conceptual storm drainage analysis for the project
(June 26, 2009, Exhibit H). The soils characteristics are described in detail in the report.
The City of Federal Way Environmentally Sensitive Areas Map does not reveal this site to be in a
problem area relative to landslide, seismic hazard, erosion, steep slope hazards, or 100-year flood
plain.
Staff Report to the Federal Way Hearing Examiner Page 3
Norpoint Heights Preliminary Plat File No. 08-100329-00-SU/Doc 1 D- 52236
C. Vegetation — The site is currently partially wooded with thick shrubbery. A mixture of conifer and
deciduous trees reside on the property. A tree survey (Exhibit D) was submitted with the
application as part of the required landscape plan.
There are a total of 27 significant trees on the subject property. The applicant has proposed to
remove 11 of these trees. Pursuant to FWCC Section 22-1568, no tree replacement is required.
Retained significant trees outside of open space areas would be regulated under Federal Way
Revised Code (FWRC) 19.120.130, "Tree & Vegetation Retention Requirements;" at the time of
individual home construction.
D. Wetlands — There are no wetlands on site or within 200 feet of the subject property. No wetlands
or surface waters are known to exist on or around the property, and no wetlands or streams are
identified on the City's environmentally sensitive areas maps.
E. Wildlife and Habitat —No wildlife species recognized as priority species are known to inhabit the
site or the nearby vicinity.
V. NEIGHBORHOOD CHARACTERISTICS
Vicinity — The property is situated in the southwestern portion of the City along the Tacoma./Federal
Way border, in a single-family residential area with RS 7.2, RM 1800, and RM2400 zoning
encompassing the subject property. The site is currently undeveloped. The land to the east is multi-
family developments by the names of Coronado Village and Crystal Pointe Apartments. The
properties directly north, west, and south are single-family zoned (RS 7.2) and developed with single-
family homes.
VI. -GENERAL DESIGN -
A. Density and Lot Size —Pursuant to FWCC Section 20-153, all lots in conventional subdivisions
shall meet the density and minimum lot size requirements —in this instance, 7,200 square feet per
lot in the northern quadrant, and 5,000 square feet per lot in the southern half of the proposed
development. The proposed 14 lots each meet these minimum sizes.
B. Lot Layout — With the exception of lots 1, 6, & 12, all of the proposed lots are of rectangular
shape. The subdivision is accessed through SW 353rd Street, which is perpendicular and connects
to Norpoint Way NE. All building setback lines (BSBL) are depicted on the preliminary plat map,
and each lot contains an adequate building area. A 50-foot-wide Bonneville Power
Administration (BPA) easement runs north to south within the eastern portion of the site,
traversing lots 4-10; however, the properties' buildable areas are shown outside of the easement
and should not impact the easement.
C. Open Space — To provide adequate recreational opportunities commensurate with new residential
development, FWCC Chapter 20, "Subdivisions," requires setting aside land on site for open
space, or a fee in lieu payment. The applicant has proposed the fee in lieu option rather than
providing on -site open space. The fee in lieu of open space shall be calculated on IS percent of
the assessed value of the property based on a current King County assessment at the time of final
plat approval. At the applicant's discretion, the market value may be based on an appraisal
conducted by an MAI certified appraiser or another professional appraiser approved by the Parks
Director.
Staff Report to the Federal Way Hearing Examiner Rags; � - - - —
Norpoint Heights Preliminary Plat File No. 08-100329-00-SU/D�c i o 52236
D. Subdivision Access and Roadway System —The subdivision is accessed through SW 353Td Street,
which connects to Norpoint Way NE (arterial street). Section VII of this report provides a
detailed description of the proposed roadway system and improvements.
E. Pedestrian System. — A sidewalk will be provided along the length of SW 353Td Street.
Specifically, full street improvements include a four -foot -wide planter strip, five -foot -wide
sidewalk, and three -foot -wide utility strip. The Federal Way School District has reviewed the
plans and does not have any comments at this time regarding school access paths or
configuration.
F. Landscape Buffers — In accordance with FWCC Chapter 20, "Subdivisions," landscape buffers
are specified only when the plat is adjacent to an incompatible zoning district. The proposed plat
is bordered on all sides by single-family and multi -family residential zoning; therefore, no
perimeter buffers are required. A Type III landscape buffer 10' in width (Tract "A''/Exhibit A3) is
provided along the length ofNorpoint Way NE (west property line) in accordance to FWCC
Section 20-178(a).
VII. TRANSPORTATION
A. Street Improvements — With the exception of lots 1, 6, & 12, all of the proposed lots are of
rectangular shape. The subdivision is accessed through SW 353Td Street, which connects to
Norpoint Way NE. All lots are then accessed directly by SW 353Td Street. The City's Traffic
Engineer has reviewed the project and concluded that the proposed street layout of the Norpoint
Heights subdivision is consistent with the adopted codes and comprehensive plan in place at the
time of the complete application.
SW 353Td Street, which connects to Norpoint Way NE, shall be constructed to City Standard
roadway section "W" as follows: a 28-foot paved roadway with curb and gutter, a four -foot
planter strip with street trees, five-foot sidewalk, and a three-foot utility strip with streetlights,
along all margins (52-foot right-of-way). The existing right-of-way width and pavement width
appear to meet current standards; therefore, the applicant will be required to construct the planter
strip, sidewalk, street trees, streetlights, and utility strip as a condition of this plat.
Street lighting is required on all streets, pursuant to FWCC Section 22-1522.
The Public Works Department and South King Fire and Rescue have approved preliminary
roadway design and curve radii as proposed.
B. Off -Site Traffic Mitigation — Per FWCC Chapter 19, Article IV, a concurrency permit is required
for the development_ At the applicant's request; a concurrency analysis was performed by the
City to determine whether there is adequate roadway capacity to accommodate the development
and identifies traffic mitigation consistent with RCW 82.02. The staff report of the Concurrency
analysis identified 8 Transportation Improvement Plan (TIP) projects impacted by one or more
PM peak hour trips resulting in $24,723.00 in pro-rata mitigation necessary to address any
failures of the City's Level of Service (LOS) standard. Concurrency application No. 08-100331-
00 is hereby incorporated in full. The table below lists current TIP projects impacted by the
proposed development and the appropriate pro-rata contribution. The applicant has the option of
building the below -mentioned improvements or paying the $24,723.00.
Staff Report to the Federal Way Hearing Examiner Page 5
Norpoint Heights Preliminary Plat File No. 08-100329-00-SU/Dm LD 52236
Add HOV lanes, 2nd NB left -turn lane on
SR 99, install raised median, underground
138
3
S 348th St: 9th Ave S - SR 99
utilities
102
5
SR 99 P, S 356th St
Add WB thru lane, EB, NB left -turn lanes
$ 5,416
Add WB, SB right4um lanes, 2nd EB, WB
135
7
S 348th St 1st Ave S
left -turn lanes
$ 3,707
loth Ave SW / SW 344th St: SW
_
Extend 3-lane collectors, sidewalks, street`•"
146
8
Campus Dr - 21stAve SW
lights
Add 2nd left -turn lanes all approaches, WB
170
11
21st Ave SW g SW 336th St
riot -turn lane
$ 7,584
Widen to 5 lanes, bike lanes, sidewalks,
�� ?•'
157
15
S 356th St: SR 99 - SR 161
illumination
'
Extend 3 lane principal collector and signal
,
15 ]
17
S 352nd St: SR 99 - SR 161
at SR-99
Interconnect to 26th Ave SW with the
152
18
SW 320th St @ 21st Ave SW
addition of a 2nd WB left -tun lane
$ 1,053
Total $ 24,72'
VIII. PUBLIC SERVICES
A. Schools — As part of the City's initial review of the proposal, the preliminary plat application was
referred to the Federal Way School District for comments. Comments from the school district
indicate Sherwood Forest Elementary, Illahee Jr. High School, and Todd Beamer Senior High
School will serve the proposed subdivision. There is school bus transportation to all three schools.
The proposed sidewalk from the development will provide safe access to bus stops. Bus stops are
at. 2 7 h Avenue SW & 3510' Place (Shenvood Forest Elementary Schoolllllalice Middle School);
SW 3496 Place & Coronado Park (Todd Beamer High School).
The applicant provided on June 10, 2008, a School Access Analysis (Exhibit I). The school access
analysis identifies a safe path of travel for students walking to and from school. In summary, a
safe route of school -related pedestrian travel will be provided by new pedestrian pathways, of on
average, five-foot asphalt walking path next to the driving surface. A full detailed analysis of
each pedestrian pathway to the schools is provided for within the School Access Analysis. It
should be noted, however, due to the distance created by the location of the new subdivision and
the existing schools, it is highly unlikely that pedestrian travel will occur with any frequency.
Final location and design of the school access path shall be approved by the Federal Way School
District and the Federal Way Public Works Department prior to issuance of construction permits
for infrastructure improvements.
School service areas are reviewed annually and may be adjusted to accommodate enrollment
growth and new development. School impact fees, as authorized by City ordinance and collected
at the time of building permit issuance, are currently $4,218.00 per single-family housing unit.
School impact fees are determined on the basis of the district's Capital Facilities Plan and are
subject to annual adjustment and update.
B. Parks & Open Space — The applicant has chosen to satisfy the open space requirement of FWCC
Section 20-155 via a fee in lieu payment, which is recommended to be approved by the City of
Federal Way Parks Director. The fee in lieu of open space payment shall be calculated on 15
percent of the most recent assessed or appraised value of the property.
Staff Report to the Federal Way Hearing Examiner Page 6
Norpoint Heights Preliminary Plat File No. 08-100329-00-SU/D.i-n. 52236
C. Fire Protection — The Certificate of Water Availability from the Lakehaven Utility District
indicates that water will be available to the site in sufficient quantity to satisfy fire flow standards
for the proposed development. South King Fire and Rescue requires that a fire hydrant be located
within 350 feet of each lot. The exact number and location of fire hydrants will be reviewed and
approved by South King Fire and Rescue.
IX. UTILITIES
A. Selvage Disposal —The applicant proposes to serve the proposed plat by a public sewer system
managed by Lakehaven Utility District. A January 22, 2008, signed Certificate of Sewer
Availability (Exhibit J) indicates the district's capacity to serve the proposed development
through a Developer Extension Agreement (DEA) between the applicant and the district.
B. Water Supply — The applicant proposes to serve the subdivision with a public water supply and
distribution system managed by the Lakehaven Utility District. A January 22, 2008, signed
Certificate of Water Availability (Exhibit K) indicates Lakehaven's capacity to serve the proposed
development. If additional hydrants or other fire protection systems are indicated, a Development
Extension Agreement may be required.
C. Drainage Facilities — Development of the site will create additional runoff from new impervious
surfaces such as streets, driveways, and rooftops. Storm drainage facilities are subject to the 1998
King County Surface Water Design Manual (KCSWDM) and the City's amendments to the
manual. The applicant's resubmitted August 25, 2009, preliminary Conceptual Storm Drainage
Analysis (Exhibit H) by ESM Consulting Engineers, LLC was reviewed by the City's Public
Works Department. The conceptual storm drainage plans submitted do not meet the City's
requirements for the following reasons:
Design Criteria — Per the requirements for Detention Ponds (Section 5.3.1.1. — Side Slopes,
item #3) of the 1998 King County Surface Water Design Manual and City Addendum: "Pond
walls may be vertical retaining walls, provided: (a) they are constructed of reinforced
concrete per Section 5.3.3 (p. 5-35); (b) a fence is provided along the top of the wall; (c) at
least 25% of the pond perimeter will be a vegetated soil slope not steeper than 3H.•1 V; and
(d) the design is stamped by a licensed structural civil engineer. " The pond, as currently
designed, does not provide the 3:1 slope as required in item (c).
Maintenance — The application proposes the storm drainage pond to be a privately held
improvement to maximize the amount of lots possible within this plat. Historically, privately -
owned storm drainage ponds do not receive regular maintenance, and therefore the ponds do
not function properly. Ponds that go un-maintained and become overgrown with vegetation
also lose their storage volume capacity and may go into overflow mode prematurely, which
can cause adverse impacts and potentially property damage downstream of the pond. Ponds
that are owned and maintained by the City's Surface Water Management division are
regularly maintained so that they function properly and maintain their storage capacity.
Water Quality — By keeping these drainage systems public, the City can also ensure that
they meet the National Pollutant Discharge Elimination System (NPDES) Phase II Permit
requirements.
Staff Report to the Federal Way Nearing Examiner Page 7
Norpoint Heights Preliminary Plat File No. 08-100329-00-SU/roe. Ln. 52236
4. Consistent with City Policy -All ponds in new subdivisions have been dedicated to the City
for ownership. In order for the City to have approved and accepted them, those ponds met the
design criterion that was in place at that time.
5. Safety — The current pond design proposes a 2:1 slope, which is 50% steeper than a 3:1 slope,
and does not meet the design criteria noted above. A 3:1 slope creates a less hazardous slope
for those maintaining the pond using mowers and other power equipment, and the 3:1 slope
allows for easier egress from the pond in the event of accidental falls into the pond. Life -
safety issues are not modified.
Additionally, a Iandscape tract encompassing the new stormwater tract will be dedicated to the
homeowners' association. The maintenance agreement for the private landscape tract shall be
included on the face of the plat and the language shall be approved by the City.
X. ANALYSIS OF DECISIONAL CRITERIA
The FWCC establishes review procedures and decisional criteria for deciding upon various types of
land use applications. Pursuant to FWCC Chapter 20, "Subdivisions," Section 20-110, preliminary
plat applications are submitted to the Hearing Examiner for public hearing. The preliminary plat
application and the recommendation of the Hearing Examiner are submitted to the City Council for
approval or disapproval.
Hearing Examiner Preliminary Plat Decisional Criteria — Pursuant to FWCC Section 20-126(c), the
Hearing Examiner may recommend approval of the proposed preliminary plat only if the following
decisional criteria are met. Decisional criteria and staff responses are provided below.
1. The project is consistent with the comprehensive plan.
Staff Comment: The application is subject to the adopted 2003 Federal Way Comprehensive Plan
(FWCP), which designates the property as Single Family - High Density. The proposed land use,
Single -Family Residential plat, with 7,200 square -foot minimum lot size (RS-7.2) and 5,000
square -foot minimum lot size (RS-5.0), is consistent with density allowances and policies
applicable to this land use as established in the FWCP. The application is consistent with the
following Comprehensive Plan Policies:
a. LUP 14: Maintain and protect the character of existing and future single-family
neighborhoods through strict enforcement of the City's land use regulations.
b. LUP 17: Encourage the development of transportation routes and facilities to serve single-
family neighborhoods. Special attention should be given to pedestrian circulation.
2. The project is consistent with all applicable provisions of the chapter, including those adopted by
reference from the comprehensive plan.
Staff Comment: The preliminary plat application is required to comply with the provisions of the
FWCC Chapter 18, "Environmental Policy'; Chapter 20, "Subdivisions"; Chapter 22, "Zoning";
and all other applicable codes and regulations. Future development of the residential subdivision
will be required to comply with all applicable development codes and regulations. As proposed,
the proposed preliminary plat does not meet the requirements of FWCC Section 20-183, which is
a component of Chapter 20, "Subdivisions", and therefore does not meet this criteria.
Staff Report to the Federal Way Hearing Examiner Page 8
Norpoint Heights Preliminary Plat File No. 08-100329-00-SU/Doc t D 52236
FWCC Section 20-183 stipulates:
(a) All land divisions shall be provided with adequate storm drainage system designed and
constructed in accordance with the surface water management requirements in
FWCC 21-26 et seq., and the storm and surface water utility requirements in FWCC 16-76 et
seq.
(b) As required by the director of public works, land divisions shall provide stormn-ater
detention or retention facilities. Such required systems should include bio-filtration swales,
of/water separation devices, or any other appropriate systems approved by the public works
director.
(c) As appropriate, the storm drainage system shall be dedicated to the city upon approval of
thefinal recorded document.
The City of Federal Way's Public Works Department has concluded that the storm drainage pond
does not meet FWCC Section 20-183 (a), as it does not meet the design requirements set forth in
the adopted Surface Water Design Manual as follows:
Per the requirements for Detention Ponds (Section 5.3.1.1. — Side Slopes, item #3) of the
1998 King County Surface Water Design Manual and City Addendum: "Pond walls may be
vertical retaining walls, provided: (a) they are constructed of reinforced concrete per Section
5.3.3 (p. 5-35); (b) a fence is provided along the top of the wall; (c) at least 25% of the pond
perimeter will be a vegetated soil slope not steeper than 3H:1 V; and (d) the design is
stamped by a licensed structural civil engineer. " The pond, as currently designed, does not
provide the 3:1 slope as required in item (c).
Additionally the Public Works Department has concluded that, per FWCC Section 20-183(c), it
would be appropriate to dedicate the storm drainage pond tract to the City for the following
reasons:
Maintenance — Ponds that are owned and maintained by the City's Surface Water
Management division are regularly maintained so that they function properly and maintain
their storage capacity. Historically, privately -owned storm drainage ponds do not receive
regular maintenance, and therefore the ponds do not function properly. Ponds that go un-
maintained and become overgrown with vegetation also lose their storage volume capacity
and may go into overflow mode prematurely, which can cause adverse impacts and
potentially property damage downstream of the pond.
Water Quality — By keeping these drainage systems public, the City can ensure that they
meet the National Pollutant Discharge Elimination System (NPDES) Phase II Permit
requirements.
3. Consistent with City policy —All ponds in new subdivisions have been dedicated to the City
for ownership. In order for the City to have approved and accepted them, those ponds met the
design criterion that was in place at that time.
The Public Works Department can only recommend approval of the plat if the storm drainage pond is
designed to meet all of the design criteria for publicly -owned ponds.
3. The project is consistent with the public health, safety, and welfare.
Staff Comment: The proposed preliminary plat does not meet this requirement. The proposed
preliminary plat would permit development of the site consistent with the current Single Family -
Staff Report to the Federal Way Hearing Examiner Page 9
Norpoint Heights Preliminary Plat File No. 08-100329-00-SU4w i D 52236
High Density land use classification of the FWCP and map. However, the current pond design
proposes a 2:1 slope, which is 50% steeper than a 3-1 slope, and does not meet the design criteria.
A 3:1 slope creates a less hazardous slope for those maintaining the pond using mowers and other
power equipment, and the 3:1 slope allows for easier egress from the pond in the event of
accidental falls into the pond. This is a life -safety issue and is not modified.
4. It is consistent with the design criteria listed in Section 20-2.
Staff Comment: The proposed preliminary plat would not promote the purposes identified in
FWCC Section 20-2. As stated in Criteria 3, the storm drainage facility design does not promote
the health, safety and general welfare in accordance with standards established by the state and
the city.
5. It is consistent with the development standards listed in Sections 20-151 through 157, and 20-158
through 187.
Staff Comment: The preliminary plat application is required to comply with the provisions of the
FWCC Chapter 18, "Environmental Policy"; Chapter 20, "Subdivisions"; Chapter 22, "Zoning';
and all other applicable codes and regulations. Future development of the residential subdivision
will be required to comply with all applicable development codes and regulations. As proposed,
and as enumerated in Criteria 2, the proposed preliminary plat does not meet the requirements of
FWCC Section 20-183 which is a component of Chapter 20, "Subdivisions", and therefore does
not meet this criterion.
XL Frrynnvf_C nF FerT
Based on an analysis of the proposed action, environmental record, and related decisional criteria, the
-Department of Community Development -Services -finds -that - -- -
1. The proposal includes the subdivision of 3.0 acres into 14 residential single-family lots and a
stormwater detention facility.
2. The preliminary plat application is subject to the 2003 FWCP, and the codes and regulations in
effect at the time the application was deemed complete, which was February 21, 2008.
3. The subject property is designated Single Family - High Density in the 2003 FWCP.
4. An Environmental Determination of Nonsignificance (DNS) was issued for this proposed action
on August 12, 2009. No appeals of the SEPA decision were submitted to the City.
5. Zoning for the site is RS-7.2 (minimum lot size 7,200 square feet) and RS 5.0 (minimum lot size
is 5,000 square feet). The property is situated in the southwestern portion of the City along the
Tacoma/Federal Way border, in a single-family residential area with RS 7.2, RM 1800, and
RM2400 zoning encompassing the subject property. The land to the east is multi -family
developments by the names of Coronado Village and Crystal Pointe Apartments. The properties
directly north, west, and south are single-family zoned (RS 7.2) and developed with single-family
homes. The proposed residential subdivision and density is consistent with applicable zoning and
subdivision regulations.
6. Pursuant to FWCC Section 20-153, on this 3.0-acre parcel, the 14 proposed lots comply with
applicable density requirements.
Staff Report to the Federal Way Hearing Examiner Page 10
Norpoint Heights Preliminary Plat File No. 08-100329-00-SU/Dk. i o s22a6
7. As proposed, each lot contains an adequate size and shape building envelope to contain a future
single-family residence. Building setback lines (BSBL) are identified on the preliminary plat
map.
There are a total of 27 significant trees on the subject property. The applicant has proposed to
remove 11 of these trees. Pursuant to FWCC Section 22-1568, no tree replacement is required.
Retained significant trees outside of open space areas would be regulated under FWRC
19.120.130, "Tree & Vegetation Retention Requirements," at the time of individual home
construction.
9. Development of the site will create additional runoff from new impervious surfaces such as
streets, driveways, and rooftops. Storm drainage facilities are subject to the 1998 King County
Surface Water Design Manual (KCSWDM) and the City's amendments to the manual. The
applicant's resubmitted August 25, 2009, preliminary Conceptual Storm Drainage Analysis
(Exhibit 13) by ESM Consulting Engineers, LLC was reviewed by the City's Public Works
Department. The conceptual storm drainage plans submitted do not meet the City's requirements
for the following reasons:
a) Design Criteria — Per the requirements for Detention Ponds (Section 5.3.1.1. — Side Slopes,
item #3) of the 1998 King County Surface Water Design Manual and City Addendum: "Pond
walls may be vertical retaining walls, provided: (a) they are constructed of reinforced
concrete per Section 5.3.3 (p. 5-35); (b) a fence is provided along the top of the wall; (c) at
least 25% of the pond perimeter will be a vegetated soil slope not steeper than 3H:1 V; and
(d) the design is stamped by a licensed structural civil engineer. " The pond, as currently
designed, does not provide the 3:1 slope as required in item (c).
b) Maintenance — Historically, privately -owned storm drainage ponds do not receive regular
maintenance, and therefore the ponds do not function properly. Ponds that go un-maintained
and become overgrown with vegetation also lose their storage volume capacity and may go
into overflow mode prematurely, which can cause adverse impacts and potentially property
damage downstream of the pond. Ponds that are owned and maintained by the City's Surface
Water Management division are regularly maintained so that they function properly and
maintain their storage capacity.
c) Water Quality — By keeping these drainage systems public, the City can also ensure that
they meet the National Pollutant Discharge Elimination System (NPDES) Phase II Permit
requirements.
d) Consistent with City Policy —All ponds in new subdivisions have been dedicated to the City
for ownership. In order for the City to have approved and accepted them, those ponds met the
design criterion that was in place at that time.
e) Safety — The current pond design proposes a 2:1 slope, which is 50% steeper than a 3:1 slope,
and does not meet the design criteria noted above. A 3:1 slope creates a less hazardous slope
for those maintaining the pond using mowers and other power equipment, and the 3:1 slope
allows for easier egress from the pond in the event of accidental falls into the pond. Life -
safety issues are not modified.
10. The City's Traffic Engineer has reviewed the project and concluded that the proposed street
layout of the Norpoint Heights subdivision is consistent with the adopted codes and
comprehensive plan in place at the time of the complete application.
Staff Report to the Federal Way Hearing Examiner Page 1 1
Norpoint Heights Preliminary Plat File No. 08-100329-00-SU/D�. 1 D. 5223E
] 1. A safe route of pedestrian travel will be provided by construction of a five-foot sidewalk next to the
driving surface, separated by an extruded asphalt curb from the project site along SW 353rd Street_
Final location and design of the school access path shall be approved by the Federal Way School
District and the Federal Way Public Works Department prior to issuance of construction permits for
infrastructure improvements.
12. Water and sewer facilities are available from the Lakehaven Utility District and are adequate to
serve the proposed development. It is the applicant's responsibility to secure all necessary water
and sewer services from the utility provider.
13. The applicant has chosen to satisfy the open space requirement of FWCC Section 20-155 via a
fee in lieu payment, which has been recommended for approval by the City of Federal Way Parks
Director. The fee in lieu of open space payment shall be calculated on 15 percent of the most
recent assessed or appraised value of the property at the time of final plat approval.
14. The proposed preliminary plat is permitted by FWCC Chapter 20, "Subdivisions;" and Chapter
22, "Zoning."
15. The proposed subdivision and all attachments have been reviewed for compliance with the
FWCP; FWCC Chapter 18, "Environmental Protection'; Chapter 20, "Subdivisions''; Chapter 22,
"Zoning"; and all other applicable codes and regulations. As proposed, the preliminary plat is not
consistent with the FWCP and all applicable codes and regulations. Section X of this staff report
is hereby incorporated into the Findings of Fact.
XII. REcoAmENDATiON
Based on review of this application and pertinent decisional criteria, the Department of Community
Development Services recommends denial of the preliminary plat as submitted as it does not meet the
decisional_ criteria of FWCC Section 20-126_(c)_
However, if the applicant elects to meet the requirements of Criteria 2 of the Decisional Criteria of
FWCC Section 20-126(c) as listed in Section X of this staff report, and as stated in Finding #9 under
Section XI "Findings of Fact", staff can recommend approval of this preliminary plat with conditions.
An approved engineering plan must be submitted prior to City Council approval of the preliminary
plat.
XIII. LIST OF EXHMITS
Exhibit A - Preliminary Site Plan — Prepared by ESM; stamped "Received" by the City of Federal Way
August 25, 2009
Exhibit B - Vicinity Map
Exhibit C - Master Land Use Application — Stamped "Received" by the City of Federal Way January 22, 2008
Exhibit D - Tree Retention, Street Tree, Landscape & Details Plan (See Exhibit A)
Exhibit E - Determination of Nonsignificance Issued by the City of Federal Way
Exhibit F - Environmental Checklist — Stamped "Received" January 22, 2008 by the City of Federal Way
Exhibit G - Staff Evaluation of Environmental Checklist
Exhibit H - Preliminary Technical Information Report — Prepared by ESM; Stamped "Resubmitted" by the
City of Federal Way June 26, 2009
Exhibit 1 - School Access Analysis — Prepared by ESM; Stamped "Received" January 22, 2008
Exhibit J - Sewer Availability Certificate — Stamped "Received" January 22, 2008
Exhibit K - Certificate of Water Availability — Stamped "Received" January 22, 2008
Staff Report to the Federal Way Hearing Examiner Page 12
Norpoint Heights Preliminary Plat File No. 08-100329-00-SU/Doc. i D. 52236
Note: Copies of exhibits are not enclosed with all copies of this report. All exhibits have
been provided to the Hearing Examiner.
TRANSMITTED TO THE PARTIES LISTED HEREAFTER:
Federal Way Hearing Examiner
Applicant Agent: ESM Consulting Engineers
33915 1" Way South, #200
Federal Way, WA 98063
Staff Report to the Federal Way Hearing Examiner Page 13
Norpoint Heights Preliminary Plat File No. 08-100329-00-SU/n«.t.n.52236