South Campus Estates Final DecisionBEFORE THE HEARING EXAMINER FOR THE CITY OF FEDERAL WAY
Phil Olbrechts, Hearing Examiner
RE: South Campus Estates
FINDINGS OF FACT, CONCLUSIONS OF
21-100244-00-SU & 21-100245-SE LAW AND DECISION
INTRODUCTION
The Applicant seeks preliminary plat approval of a 10-lot subdivision of an undeveloped 4.87-acre lot
located southeast of the intersection between SW 366th Street and 6th Avenue SW. The application is
approved subject to conditions.
ORAL TESTIMONY
Natalie Kamieniecki, associate planner, summarized the staff report. In response to examiner questions,
Ms. Kamieniecki confirmed that no safe school walking route was recommended for Enterprise
Elementary because those children will be bussed. Ms. Kamieniecki corrected the email address for
Grant Middleton at page 2 of the staff report, it should be gmiddleton@rrlarson.com.
Jason Kennedy, Public Works, in response to examiner questions, identified that the dedication on the
east and south property lines are for block perimeter streets if further development takes place.
Scott Clark, Applicant representative from Larson and Associates, thanked City staff and noted that the
Applicant has provided all the necessary information and applications and that City staff have found the
application complies with all applicable development standards.
EXHIBITS
Exhibits 1-24 listed on page 14 of the October 27, 2021 Staff Report were admitted into evidence during
the public hearing.
FINDINGS OF FACT
Procedural:
1. Applicant. Geoff Sherwin, P.E, Entitle Fund Two LLC, PO Box 188, Puyallup, WA 98371
Preliminary Plat - 1
2. Hearing. The Hearing Examiner conducted a virtual hearing on the application on October 27,
2021. The record was left open through October 28, 2021 in case anyone had technical difficulties in
participating.
Substantive:
3. Site/Proposal Description. The Applicant seeks preliminary plat approval of a 10-lot
subdivision of an undeveloped 4.87-acre lot located southeast of the intersection between SW 366th
Street and 6th Avenue SW.
4. Characteristics of the Area. The project is surrounded on all sides by single-family homes and
vacant lots all zoned the same as the subject site, RS15.0.
5. Adverse Impacts. No significant adverse impacts are associated with the proposal. A
determination of non -significance under the Washington State Environmental Policy Act was issued on
August 13, 2021 and that determination has not been appealed. Staff have determined that the project
site does not contain mapped critical areas. The applicant submitted a critical areas report titled, Non -
Wetland Determination, prepared by Ecological Land Services, dated April 26, 2020 verifying the
absence of critical areas (Exhibit 8). No comments or concerns were submitted by neighboring property
owners.
6. Adequacy of Infrastructure and Public Services. As mitigated by the conditions of approval,
adequate and appropriate infrastructure will serve development as follows:
• Drainage: The proposal will be served by adequate and appropriate drainage facilities.
Storm drainage facilities are being designed in accordance with the 2016 King County
Surface Water Design Manual and city amendments, the Comprehensive Surface Water
Management Plan, and the Stormwater System Operation and Maintenance Manual. The
Applicant's Technical Information Report (TIR) (Exhibit 12) was reviewed by the city's
Public Works Department and found to be consistent with these standards for the
purposes of preliminary plat review. Ultimately, conformance to the City's stormwater
standards assures no adverse drainage impacts to surrounding properties, since the
standards require that off -site drainage be limited to the volumes and velocities of pre -
developed, forested conditions.
A Surface and Stormwater Utility System Development Charge is required. The charge is
a one-time fee that will be paid at the time of development and is intended to recover a
share of the cost of the system capacity needed to serve growth.
• Transportation: The proposal will be served by adequate, appropriate and safe
transportation infrastructure.
The proposed 10 new lots will have individual access from SW 366th Street. In lieu of
constructing an internal street, a right of way modification request has been granted by the
Public Works Director, dated January 29, 2021 under file number 20-104502-00-SM
(Exhibit 22).
Preliminary Plat - 2
To ensure that all traffic impacts are fully mitigated, Public Works staff has required the
following roadway improvements:
a. Install half street frontage improvements on 6th Ave SW and SW 366th
Street per the Type "T" street cross section.
b. Install Tract "X" half -streets (30 feet) on both the south and east property
lines (no physical improvements required) designated within the plat and must have
clear title prior to the recording of the final plat.
C. The required sidewalk section along SW 366th St will be constructed within
City right-of-way.
d. Additional right-of-way dedication is required to accommodate the 3-foot
utility strip that is now shown in the conceptual drawing as 1.86 feet along 6th Ave
SW as determined by the Public Works Director and per the Type "T" street cross
section requirement.
e. The existing speed bump on 6th Ave SW shall be restored to current
condition should any construction have impact on its condition.
In addition to site specific improvements required above, the Applicant will also be
required to mitigate its proportionate system -wide impacts via payment of transportation
impact fees as required by City code at the time of building permit review. Finally, to
ensure that the project doesn't exceed the City's adopted congestion (level of service)
standards, the Applicant was required to undergo traffic concurrency analysis pursuant to
the state Growth Management Act; goals and policies of the Federal Way Comprehensive
Plan; and FWRC Chapter 19.90, "Transportation Concurrency Management." The
proposed development will result in 10 new peak hour trips. The City's Traffic Division
has reviewed the concurrency application and has issued an approved Capacity Reserve
Certificate dated February 8, 2021 (Exhibit 15).
• Open Space: The proposed plat provides for appropriate open space as it complies with
the City's open space standards. The Applicant will provide fee -in -lieu of open space and
meets the open space minimum requirements in FWRC 18.55.060, for the purposes of
preliminary plat review.
• Water and Sewer: The proposal provides for appropriate and adequate water and sewer.
Water and sewer facilities are available from the Lakehaven Water & Sewer 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. Certificates of
sewer and water availability from Lakehaven have been submitted by the Applicant
establishing adequate capacity to serve the proposal. See Ex. 19 and 20.
• Schools. The proposal will be served by appropriate and adequate school facilities.
Enterprise Elementary, Illahee Middle School, and Todd Beamer High School will serve
Preliminary Plat - 3
the proposed subdivision. The applicant provided a school access analysis with the
preliminary plat application (Exhibitl6). All elementary and high school students from
this development will receive bus transportation to and from school, as these schools are
over one mile from the subject site. Students attending Illahee Middle School are
candidates for walking to school. Students will be able to walk or bike to Illahee Middle
School along an identified route within the Federal Way Public School Suggested Safe
Walking Route (Exhibit 17). The proposed development will provide for additional safe
waking conditions including sidewalks required through half street improvements along
6th Ave SW and SW 366th ST.
School impact fees, as required by city ordinance, provide mitigation for the students of
this development. School impact fees are determined pursuant to the district's Capital
Facilities Plan and are subject to annual adjustment and update and are due at the time of
the building permit issuance for the new dwelling units.
• Police and Fire Protection — South King Fire and Rescue and the Federal Way Police
Department currently provide services to the site. South King Fire and Rescue has
reviewed the proposal for conformance to the City's fire standards and has found no need
for additional fire hydrants. Fire sprinklers are required for Lots 3, 6, and 8 due to limited
access and no turnaround. The remainder of the lots will be assessed for fire sprinklers
upon building plans submittal
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner: Chapter 18.35.010 FWRC authorizes the Examiner to conduct a
hearing and make a final decision on preliminary plat applications.
Substantive:
2. Zoning Designation: Single -Family Residential, RS 15.0.
3. Review Criteria and Application. FWRC 18.35.170(3) governs the review criteria for preliminary
plat applications. Applicable permit review criteria for preliminary plat review are quoted in italics
below and applied to the application under corresponding Conclusions of Law.
Substantive:
FWCC 18.35.170(3): Decisional Criteria. A Hearing Examiner shall use the following criteria in
reviewing the preliminary plat and may recommend approval of the plat to the City Council if:
(a) It is consistent with the comprehensive plan;
4. The criterion is met. The application is subject to the adopted 2015 Federal Way Comprehensive
Plan (FWCP), which designates the property as Single Family, Medium Density. The proposed land use,
Single -Family Residential, with 15,000 square -foot minimum lot size is consistent with density
Preliminary Plat - 4
allowances and policies applicable to this land use as established in the FWCP. As proposed, the project
is consistent with the comprehensive plan.
FWCC 18.35.170(3)(b): It is consistent with all applicable provisions of the title, including those
adopted by reference from the comprehensive plan:
5. The criterion is met. The city's Development Review Committee (DRC) has reviewed the
preliminary proposal and found its preliminary design to conform with applicable requirements of Title
18 if the conditions adopted by this recommendation are implemented. More detailed review will occur
for final plat and building permit approval. Development of the site in accordance with these
requirements and the recommended conditions of approval will ensure compliance with all applicable
codes, policies, and regulations.
FWCC (18.35.170(3)(c): It is consistent with public health, safety, and welfare.
6. The criterion is met. The proposal provides for in -fill development as encouraged by the Growth
Management Act while also creating no significant adverse impacts and being fully served by adequate
and appropriate infrastructure as determined in Findings of Fact 5 and 6. Under these circumstances the
proposal is consistent with the public health, safety and welfare.
FWCC 18.35.170(3) (d): It is consistent with the criteria listed in FWRC 18.05.020; and
7. The criterion is met. FWRC 18.05.020, the purpose clause for the City's subdivision
regulations, identifies ten purposes, including establishing appropriate infrastructure, protecting
environmentally sensitive areas and promoting public health, safety and welfare. All of these objectives
are met for the reasons identified in Findings of Fact No. 5 and 6 and also due to the proposal's
compliance with all applicable development standards as determined by the DRC.
FWCC 18.35.170(3) (e): It is consistent with the development standards listed in Chapter 18.55 FWRC,
and FWRC 18.60.030 through 18.60.120.
8. The criterion is met. The DRC has reviewed the preliminary proposal and found it to comply
with all applicable codes, policies, and regulations if the conditions adopted by this Decision are
implemented. The primary focus of these development standards is adequate and appropriate provision
of infrastructure, which as outlined in Finding of Fact No. 6 has been met for the proposal. These
regulations also focus upon compliance with zoning code standards that address lot size, density and
open space. Compliance with these zoning code standards is addressed in detail in the staff report.
DECISION
The preliminary plat as detailed in Finding of Fact No. 3 and depicted in Ex. 2 are approved subject to
the following conditions
1. Prior to recording, the applicant shall provide the city's Parks Department a fee -in -lieu
payment for open space in the amount of 15 percent of the most recent assessed land value of the
Preliminary Plat - 5
subject property, and provide a voluntary letter authorizing the city to use the open space fee -in -
lieu in any of the Parks Planning Areas of the city per FWRC 18.55.060(2).
2. The applicant is required to pay a transportation impact fee (TIF) for each lot. The fee
will be assessed and collected from the applicant when the building permit is issued, using the fee
schedule then in effect.
3. The applicant is required to pay a school impact fee for each lot. The school impact fee is
due at the time of the building permit issuance for the new dwelling units. This fee amount is
subject to change as determined annually by the Federal Way School District and the City of
Federal Way.
4. Ballasted sidewalk is not an approved LID method within the City of Federal Way.
Applicant shall apply for an Administrative Decision for allowance prior to issuance of
Engineering permit for right-of-way improvements; or, provide standard sidewalks.
5. Applicant will not use the 2014 Department of Ecology Stormwater manual for any
portion of the Technical Information Report (TIR).
6. MGS Flood will not be accepted for stormwater modeling beginning January 2022 in
accordance with 2021 King County Surface Water Design Manual.
7. Engineering plans must be prepared and submitted on NGVD 29 vertical datum.
DATED this 9th day of November 2021.
Hearing Examiner for Federal Way
RIGHT OF APPEAL
This decision may be appealed to superior court within 21 days of issuance as governed by the Land Use
Petition Act, Chapter 36.70C RCW.
CHANGE IN VALUATION
Notice is given pursuant to RCW 36.7013.130 that property owners who are affected by this decision may
request a change in valuation for property tax purposes notwithstanding any program of revaluation.
Preliminary Plat - 6
Preliminary Plat - 7
Preliminary Plat, Rezone, Wetland
Buffer Reduction Recommendation P. 1 Findings, Conclusions and Recommendation