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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