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Council PKT 10-17-2000 Special/RegularCity of Federal Way City Council Meeting AGENDA COUNCILMEMBERS · Mike Park, Mayor Jeanne Burbidge Linda Kochmar Michael Hellickson Dean McColgan '~ Mary Gates Phil Watkins CITY MANAGER David H. Moseley Office of the City Clerk October 17, 2000 AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall October 17, 2000 (www. ci.federal-way, wa. us) SPECIAL MEETING - 6:00 p.m. I. CALL MEETING TO ORDER II. EXECUTIVE SESSION Potential Litgafion/Pursuant to RCW 42.30.110(D0) ADJOURNMENT ( REGULAR MEETING - 7:00 p.m. I I. CALL MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. PRESENTATIONS a. SPIRIT Award/Month of October b. Proclamation/National Breast Cancer Awareness Month c. Proclamation/Domestic Violence Awareness Month d. City Manager/Introduction of New City Employees e. City Manager/Emerging Issues IV. CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the podium, adjust the microphone to proper height, and state your name and address .for the record. PLEASE LIMIT YOUR REMARKS TO THREE O} MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inapprop~'iate. over please . . . · V. CONSENT AGENDA (Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; att items will be enacted .by one motion; individual items may be removed by a Councilmemberfor separate discussion and subsequent motion.) a. Minutes/October 3, 2000 Regular Meeting b. Windswept Preliminary Plat~Resolution c. Keller Preliminary Plat~Resolution d. Belie'Meadow Preliminary Plat~Resolution e. Metro olitan Trans rtation Plan Alternatives Anal sis & Draft Environmental Impact Statemen.t. f. Approval of CitY's Comments on King County Draft Comprehensive Solid Waste Management Plan g. 2000 Local Law Enforcement Block Grant. h. 2001 Criminal Justice Funding VI. PUBLIC HEARING 2000 Comprehensive Plan Amendment Selection process Staff Presentation ' Citizen Comment (please limit to 3 minutes per perSon) - City Council Deliberation. (action required) VII. INTRODUCTION ORDINANCE' Council Bill #255/Disposition of Confiscated &'Forfeited FirearmS/ Creation of New City Code Section AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, CREATING NEW CITY CODE CHAPTER OF THE FEDERAL WAY CITY CODE, ESTABLISHING THE DISPOS .ITION OF CONFISCATED AND FORFEITED FIREARMS. VIII. CITY COUNCIL REPORTS IX. CITY MANAGER REPORT X. EXECUTIVE SESSION Potential Litigation/Pursuant to RCW 42.30.110(1)(il XI. ADJOURNMENT ** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** THERE ARE 2 COMPLETE AGENDA pACKETS AVAILABLE FOR CITIZEN REVIEW OF DETAILED ITEMS ON THE CONFERENCE TABLE AT THE BACK OF COUNCIL CHAMBERS PROCLAMATION WHEREAS, the Federal Way High School DECA (Distributive Education Clubs of America) chapter will be celebrating "NATIONAL DECA WEEK" during the week of October 22-28, 2000; and WHEREAS, DECA is a national association of marketing education students, providing teachers and members with educational and leadership development activities to merge with the education classroom instructional program; attd WHEREAS, although DECA consists primarily of students itl marketing programs, membership also extends to alumni, to professionals in marketing education, and to marketing teacher education, by working hand-in-hand with the education and business communities; and WHEREAS, DECA's goal is for its student members to develop a "career success kit H to carry into their business and personal lives after graduation, and to accomplish this DECA utilizes on-the-job experience, chapter projects and a program of competency- based competitive events in specifi, c marketing occupational areas; NOW, THEREFORE, we, the undersigned Councilmembers of the City of Federal Way, Washington, do proclaim the week of October 22-28, 2000, as "NATIONAL DECA WEEK" in the City of Federal Wa),, Washington, and do hereby encourage community businesses and citizens to encourage the development of student leadership, to promote an appreciation for our free enterprise system and to develop an awareness for the importance of good citizenship. SIGNED this 17th day of October, 2000. CITY OF FEDERAL WA Y Mike Park, Mayor Linda Kochmar, Deputy Mayor Jeanne Burbidge, Councilmember Michael Hellickson, Councilmember Mary Gates, Councilmember Dean McColgan, Councilmember Phil Watkins, Councilmember PROCLAMATION WHEREAS, breast cancer is the leading cancer diagnosed in women in America-this year more than 180,000 women will learn for the first time that they have breast cancer, and more than 40,000 women will lose their lives to this disease; and WHEREAS, the greatest weapon in the crusade against breast cancer is knowledge -knowledge of its causes and knowledge about prevention and treatment; and WHEREAS, the screening for breast cancer includes mammography, examination by a health care provider,and monthly breast self-examination; and WHEREAS, the survival rate is highest when breast cancer is diagnosed in the earliest, most treatable stages; and WHEREAS, the month of October is dedicated to focus on breast cancer and to reaffirm the national commitment to eradicate this disease; NOW, THEREFORE, we, the undersigned Councilmembers of the City of Federal Way, Washington, do proclaim the month of October, 2000, as "BREAST CANCER AWARENESS MONTH" in the City of Federal Way, Washington, and do hereby call upon businesses, health care professionals, educators, volunteers and citizens to reflect on the progress we have made in advancing our knowledge about breast cancer, and to publicly reaffirm our commitment to controlling and curing this devastating disease. SIGNED this 17th day of October, 2000. CITY OF FEDERAL WAY Mike Park, Mayor Linda Kochmar, Deputy Mayor Jeanne Burbidge, Councilmember Michael Hellickson, Councilmember Mary Gates, Councilmember Dean McColgan, Councilmembe~ Phil Watkins Councilmember PR 0 CLAMA TION WHEREAS, domestic violence is a lending cause of death, killing more women than car crashes, muggings and rape combined; and WHEREAS, it has been estimated that every nine seconds, a woman is beaten by her husband or boyfriend in this country; and WHEREAS, nearly 30% of all homicides in King County are domestic violence related compared to a nationwide percentage of 15 %; and WHEREAS, .we wouM need to build 440 new shelters in King County, in order to accommodate all of the wonu~n and children who need shelter; and WHEREAS, increasing public awareness and understanding of domestic violence promotes safety, h~alth and wellness for victims; and WHEREAS, families and communities are strengthened by holding domestic violence perpetrators accountable for their crimes; and WHEREAS, recognizing domestic violence victims is important for our communities to promote healing and empowerment; and WHEREAS, October is nationally recognized as "Domestic Violence Awareness Month NOW, THEREFORE, we, the undersigned Councilmembers of the City of Federal Way, Washington, do hereby proclaim the month of October 2000, as nDOMESTIC VIOLENCE AWARENESS MONTH" in the City of Federal Way, and do hereby encourage everyone in our community to take an active role in supporting all victims, so they can lead healthy lives safe from violent and abusive behavior. SIGNED this 17n day of October, 2000. CITY OF FEDERAL WAY Mike Park, Mayor Linda Kochmar, Deputy Mayor Jeanne Burbidge, Councilmember Michael Hellickson, Councilmember Mary Gates, Councilmember Dean McColgan, Councilmember Phil Watkins, Councilmember CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: CITY COUNCIL MEETING MINUTES CATEGORY: BUDGET IMPACT: X CONSENT RESOLUTION Amount Budgeted: $ __ORDINANCE STAFF REPORT Expenditure Amt: $ BUSINESS PROCLAMATION Contingency Reqd: $ HEARING STUDY SESSION FYI OTHER ATTACHMENTS: Minutes for October 3, 2000 regular meeting. SUMMARY/BACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW requirement. CITY COUNCIL COMMITTEE RECOMMENDATION: n/a CITY MANAGER RECOMMENDATION: Move approval of the official minutes. APPROVED FOR INCLUSION IN COUNC_~I~.~_ ~ PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL # DENIED 1st Reading TABLED/DEFERRED/NO ACTION Enactment Reading ORDINANCE # RESOLUTION # I: I C O VER. CLERK-1/ 7/O 0 FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers- City Hall October 3, 2000 - 7:00 p.m. MINUTES I. CALL MEETING TO ORDER Mayor Park called the regular meeting of the Federal Way City Council to order at the hour of 7:06 p.m. Councilmembers present: Mayor Mike Park, Deputy Mayor Linda Kochmar, Councilmembers Jeanne Burbidge, Mary Gates, Dean McColgan, and Michael Hellickson. Councilmember Watldns was excused. Staff present: City Manager David Moseley, Interim City Attorney Bob Sterbank, City Clerk Chris Green, and Deputy City Clerk Stephanie Courtney. II. PLEDGE OF ALLEGIANCE Councilmember Hellickson led the flag salute. III. PRESENTATIONS a. City Manager/Introduction of New City Employees City Manager David Moseley introduced and welcomed new employees; Paul Bucich, the new Surface Water Manager for the Public Works Department, and Tom Kettells, a new Police Officer for the Public Safety Department. b. City Manager/Emerging Issues City Manger David Moseley announced there were no emerging issues. IV. CITIZEN COMMENT Darlene Parks, spoke on behalf of a team of seven women who climbed Mt. Rainier to raise money and awareness of breast cancer and breast cancer research. She asked Council to make a proclamation stating the month of October is Breast Cancer Awareness Month. Federal Way City Council Regular Meeting Minutes October 3, 2000 - Page 2 Mayor Park asked City Clerk Chris Green to prepare a proclamation for the next regular meeting on October 17, 2000. V. CONSENT AGENDA a. Minutes/September 19, 2000 Regular Meeting -Approved b. Vouchers/October 3, 2000 -Approved c. Monthly Financial Report/Month of August -Approved d. Council Bill #254/Land Use Review Processes/Code Text Amendments Enactment Ordinance-Approved Ordinance #00-375 e. Alderbook & Wedgewood Parks Play Structure Purchase -Approved f. Aquatic Lands Enhancement Account (ALEA)-Approved g. Procedure/Guidelines for Review of Changes to Park Properties & Facilities - Approved h. Public/Private Partnerships -Approved i. Pacific Highway South HOV Lanes Phase I (S 312'h St to S 324th St)/Improvement Project 85 % Design Status Report -Approved j. City of Federal Way Market Analysis -Approved k. Blue Ribbon Commission on Transportation Draft Accords & Options -Approved 1. Airport Communities Coalition (ACC) 2000 Interlocal Amendment -Approved COUNCILMEMBER GATES MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; DEPUTY MAYOR KOCHMAR SECOND. Mayor Park pulled Consent Item (f)/ Aquatic Lands Enhancement Account (ALEA). Deputy Mayor Kochmar pulled Consent Item (e)/Alderbrook & Wedgewood Parks Play Structure Purchase. The motion to approve Consent Items (a), (b), (c), (d), (g), (h), (i), (j), (k), and (1) passed as follows: Burbidge yes McColgan yes Gates yes Park yes Hellickson yes Watkins excused absence Kochmar yes Consent Item (e)/Alderbrook & Wedgewood Parks Play Structure Purchase: Councilmember Burbidge updated Council and citizens of the background on these purchases and installations, noting this is to replace the current play structures that are ten years old and becoming a hazard. She thanked the many community groups and citizens who participated in the installation of the Alderbrook play equipment including the staff of the Parks and Recreation Federal Way City Council Regular Meeting Minutes October 3, 2000 - Page 3 Department. The Wedgewood play equipment will be installed October 6~ and 7th; anyone wishing to volunteer is welcome. COUNCILMEMBER BURBIDGE MOVED APPROVAL OF CONSENT ITEM (e)/ ALDERBROOK & WEDGEWOOD PARKS PLAY STRUCTURE PURCHASE; DEPUTY MAYOR KOCHMAR SECOND. The motion passed as follows: Burbidge yes McColgan yes Gates yes Park yes Hellickson yes Watkins excused absence Kochmar yes Consent Item (f)/Aquatic Lands Enhancement Account (ALEA) Mayor Park asked City Manager David Moseley if the 50% match of city funds has been included in the City Manager's 2001/2002 proposed budget; the City Manager stated it has been included. MAYOR PARK MOVED APPROVAL OF CONSENT ITEM (F)/AQUATIC LANDS ENHANCEMENT ACCOUNT (ALEA) AS PRESENTED; DEPUTY MAYOR KOCHMAR SECOND. The motion passed as follows: Burbidge yes McColgan yes Gates yes Park yes Hellickson yes Watkins excused absence Kochmar yes VI. CITY COUNCIL REPORTS Councilmember Gates announced the Finance/Economic Development/Regional Affairs Committee has scheduled a special meeting on October 9~h, at 2:00 p.m. to discuss the King County Draft Comprehensive Solid Waste Program. She distributed a written report to Council on Sound Transit, and updated them on her attendance at Sound Transit, Regional Transit Committee, and the Puget Sound Regional Council. Councilmember Burbidge updated Council on her recent attendance to the Regional Law, Safety and Justice Committee, and Growth Management Council. She announced the next Parks/ Recreation/Human Services/Public Safety Committee will be held Monday, October 9th, at 12:00 p.m., Councilmember Burbidge encouraged everyone to attend the upcoming various plays and programs at the Knutzen Family Theatre. Councilmember Hellickson noted he will be hosting a public safety town meeting on October 19~ in Council Chambers. Federal Way City Council Regular Meeting Minutes October 3, 2000 - Page 4 Councilmember McColgan extended his "thanks" to the Federal Way Police Department and Acting City Manager Cary Roe for updating the Council on the incident near Federal Way High School, noting the Police Department handled it in a highly professional manner. Councilmember McColgan also noted that student leaders in the community are addressing these issues with their peers. Deputy Mayor Kochmar reported on her attendance to the Regional Policy Committee, and the Airport Communities Coalition. She extended "kudos" to Public Safety Officers Curtis Tucker and George Green on working pro-actively to diffuse the incident that occurred near Federal Way High School. Mayor Park reported on the community meeting held at Decatur High School where parents and citizens expressed their concerns over the recent event; the Federal Way School District and the Public Safety Department will coordinate additional community meetings. He noted Federal Way will be hosting the next Association of Washington Cities meeting on Wednesday, October 4~h, at the Holiday Inn. He also thanked Public Works Director Cary Roe who was Acting City Manager during the recent event near Federal Way High School; he commended Mr. Roe on his high level of professionalism. VII. CITY MANAGER REPORT City Manager David Moseley updated Council on the following downtown capital projects: 320~' and Hwy 99 is on schedule, with less disruption than anticipated; SeaTac Mall Stormwater Drainage project currently has two shifts working to complete the project before the holiday shopping season; work commenced on 11~h Place South last week; and 21s~ Avenue SW Overlay is scheduled to be completed October 5a' and 6~. Mr. Moseley extended his appreciation to the Public Safety Department and Public Works Director Cary Roe for their handling of the incident near Federal Way High School, noting positive comments were received from the school district. He noted the state of the art synthetic turf has been completed at Sacajewea Junior High School; he invited citizens to stop and view the new turf, which looks and feels like natural grass. City Manager David Moseley noted Interim City Attorney Bob Sterbank recently attended the Adult Justice Master Plan Advisory Committee, where they discussed the rising cost of adult detention. He further reminded Council of the need for an executive session for the purposes of discussing potential litigation pursuant to RCW 42.30.110(1)(i); it will last approximately fifteen minutes with no action anticipated. Federal Way City Council Regular Meeting Minutes October 3, 2000 - Page 5 VIII. EXECUTIVE SESSION Potential Litigation/Pursuant to RCW 42.30.110(1)(i) At 7:40 p.m. Mayor Park announced Council will be recessing to an executive session for approximately fifteen minutes, with no action anticipated. Council returned to Chambers at 7:55 p.m. IX. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor Park adjourned the regular meeting at 7:55 p.m. Stephanie D. Courtney Deputy City Clerk CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: WINDSWEPT PRELIMINARY PLAT APPLICATION CATEGORY: BUDGET IMPACT: N/A X CONSENT X RESOLUTION Amount Budgeted: $ ORDINANCE STAFF REPORT Expenditure Amt: $ __ BUSINESS PROCLAMATION Contingency Reqd: $ HEARING STUDY SESSION FYI OTHER ATTACHMENTS: Staff Memo to City Council dated October 10, 2000; Hearing Examiner Report and Recommendation dated September 11, 2000; StaffReport to the Hearing Examiner, dated August 21, 2000; draft City Council resolution for adoption of the Preliminary Plat. SUMMARY/BACKGROUND: Staff is requesting City Council approval of the proposed preliminary plat application, pursuant to the Federal Way Hearing Examiner's recommendation dated September 11, 2000, and Council Committee recommendation issued October 2, 2000. The public hearing on the proposed plat was held Au~ust 29, 2000. CITY COUNCIL COMMITTEE RECOMMENDATION: On October 2, 2000, the Land Use and Transportation Committee voted to forward a recommendation for approval of the proposed preliminary plat to the full Council, with no changes to the Hearing Examiner's recommendation as issued. CITY MANAGER RECOMMENDATION: Motion to approve resolution for adoption of the preliminary plat application. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COM~£ETED BY CITY CLERK'S OFFICE.) COUNCIL ACTION: APPROVED COUNCIL BILL # DENIED 1st Reading TABLED/DEFERRED/NO ACTION Enactment Reading ORDINANCE # RESOLUTION # I:\COVERCC-5/14/96 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF WINDSWEPT, FEDERAL WAY FILE NO. 99-100360-00-SU. WHEREAS, the applicant Randy Lloyd, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Windswept Preliminary Plat, consisting of 2.81 acres, into a seven (7) lot single family residential cluster subdivision, located on the west side of Military Road South at Camelot Drive (if extended); and WHEREAS, on September 28, 1996, a Mitigated Determination of Nonsignificance (MDNS) was issued by the Director of Federal Way's Department of Community Developmem Services pursuant to the State Environmental Policy Act, RCW 43.21C, and no one appealed the MDNS; and WHEREAS, the Federal Way Land Use Hearing Examiner held a public hearing on August 29, 2000, concerning the preliminary plat of Windswept; and WHEREAS, following the conclusion of said hearing, on August 2, 2000, the Federal Way Land Use Heating Examiner issued a written Report and Recommendation containing findings, conclusions and recommending approval of the preliminary plat of Windswept, subject to conditions set forth therein; and Res. # , Page 1 WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-106 and Section 22-476 et seq, of the Federal Way City Code (as vested) to approve, deny or modify a preliminary plat and/or its conditions; and WHEREAS, on October 17, 2000, the City Council considered the written record and the Recommendation of the Hearing Examiner, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other~ applicable City Codes; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions. 1. The findings of fact and conclusions of the Land Use Hearing Examiner's Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding shall be treated as such. 2. Based on, inter alia, the analysis and conclusions in the StaffReport and Hearing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, and schools and school grounds and all other relevant facts, as are required by City Code and state law or are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walldng conditions for students who walk to and from school. Res. # , Page 2 3. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Approval. Based upon the recommendation of the Federal WayLand Use Heating Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, the preliminary plat of Windswept, Federal Way File No. 99-100360-00-SU, is hereby approved, subject to conditions as contained in the Recommendation of the Federal Way Land Use Hearing Examiner dated September 11, 2000 (Exhibit A). Section 3. Conditions of Approval Integral. 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 City of Federal Way Hearing Examiner 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 general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, roles and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or Res. # , Page 3 unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective mediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS __ DAY OF ,2000. CITY OF FEDERAL WAY MAYOR, MIKE PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: INTERIM CITY ATTORNEY, ROBERT S. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Res. # , Page 4 CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES MEMORANDUM TO: Mayor Park and Federal Way City Council FR: Lori Michaelson, AICP, Senio~er t/Ak Kathy McClung, Interim Direcix~r of Community Development Services t~''~''~ VIA: David Mose~f~anager RE: Preliminary Plat of Windswept Application No. 99-100360-000-00-SU/SUBgl-0002 (Related File Nos. 99-103384-SE/SEP95-0026) DT: October 10, 2000 I. SUMMARY OF APPLICATION The applicant requests approval of a 7 lot single family residential cluster subdivision of 2.81 acres, pursuant to Federal Way City Code (FWCC) Chapter 20, Subdivisions, Division 5, Preliminary Plat, and FWCC Article VII, Process HI Review, with proposed intrusions into Environmentally Sensitive Areas including a Major Stream Setback and Floodplain, pursuant to FWCC Article XIV, Environmentally Sensitive Areas. The application is vested and subject to the codes, policies, and regulations in place on the date of complete application, or December 22, 1994. II. REASON FOR COUNCIL ACTION Pursuant to FWCC Chapter 20, Subdivisions, the City Council issues a final decision on the preliminary plat application at a public meeting, at~er review of the Hearing Examiner's recommendation. HI. LAND USE AND TRANSPORTATION COMMITTEE RECOMMENDATION At their meeting on October 2, 2000, the Land Use and Transportation Committee voted to recommend approval of the preliminary plat application consistent with the Heating Examiner's recommendation and conditions of approval. IV. HEARING EXAMINER'S RECOMMENDATION On September 11, 2000, the Federal Way Heating Examiner issued a report and recommendation (attached) to approve the proposed preliminary plat, as recommended by stafl~ after consideration ora staff report (attached) and testimony presented at an August 29, 2000, public heating; subject to the following conditions: 1) Prior to issuance of construction permits, a final landscape plan, prepared by a licensed landscape architect in accordance with FWCC Article XVII, Landscaping, shall be submitted for review and approval by the Director of Community Development Services, and shall include the following elements: (a) Street trees in right-of-way planter strips along the project frontage of Military Road and both sides of the internal plat street;and (b) Type III landscaping within required landscape buffers adjacent to Military Road. 2. Prior to final plat recording, the applicant shall pay the proposed alternative fee-in- lieu for the balance of required usable open space, pursuant to final area calculations for on site usable open space; which fee shall be calculated on the basis of 15% of the most recent assessed valuation or MAI appraisal, at that time, subject to final approval by the Directors of Parks, and Community Development. 3. Prior to final plat approval, the applicant shall install landscaping in the stream setback area in accordance with the Windswept Preliminary Plat Mitigation Planting Plan, by Adolfson Associates, revised 8/16/00; and shall submit, for the city's review and approval, a monitoring plan prepared in accordance with FWCC Sec. 22-1358(e)(1)a.-g.; and pursuant to FWCC Sec. 22-1243, the applicant shall be responsible to pay for the services of a city-approved qualified professional to perform inspections and reporting tasks required to implement the monitoring plan. 4. In accordance with FWCC Sec. 20-114(c), as vested, the preliminary plat shall expire three years from the date of city council approval unless substantial progress has been made toward completion of the entire plat. In the event the applicant has not made substantial progress toward completion of the plat, the applicant may request a one-year extension from the Heating Examiner The request for extension must be submitted to the Department of Community Development Services at least 30 days prior to the expiration date of the preliminary plat and will be decided by the Hearing Examiner pursuant to FWCC Sec. 20-114(d)(e). V. PROCEDURAL SUMMARY December 22, 1994 Application determined complete. September 28, 1996 Environmental determination issued. 2 August 12, 2000 Notice of Public Heating issued. August 29, 2000 Hearing Examiner public hearing. September 11, 2000 Hearing Examiner's report and recommendation issued* (attached) October 2, 2000 City Council Land Use and Transportation Committee meeting. October 17, 2000 City Council public meeting. *Note: No challenge to the Hearing Examiner's recommendation was submitted. VI. COUNCIL ACTION By action approved by a majority of the total City Council, and pursuant to FWCC Sec. 22- 490(c), as vested, the City Council may, after considering the Hearing Examiner's recommendation, adopt, modify, or deny the application, based on the following decisional criteria, established at FWCC Sec. 22-490(d): (1) It is consistent with the Federal Way Comprehensive Plan; (2) It is consistent with all applicable provisions of the Federal Way City Code, including those adopted by reference from the comprehensive plan; and (3) It is consistent with the public health, safety, and welfare. Findings for determining that the application is consistent with these decisional criteria are set forth on pages 2-6, paragraph III, of the Hearing Examiner's report and recommendation. Attached is a draf~ resolution for approval of the proposed application as recommended by the Hearing Examiner and the Land Use and Transportation Committee. ATTACHMENTS: HEARINO EXAMINER REPORT AND RECOMMENDATION, DATED SEPTEMBER 11, 2000 STAFF REPORT TO HEARING EXAMINER, DATED AUGUST 21, 2000 CITY COUNCIL DRAFT RESOLUTION FOR PRELIMINARY PLAT APPROVAL CITY OF FEDERAL WAY //_LJ</t.-.~.~__.~ V~' /~ ~' OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: )) PRELIMINARY PLAT OF WINDSWEPT ) FWHE# 00-20 ) 99-100360-00-SU- ) SUB91-0002 ) Related File No. SEP95-0026 PROCESS IV ) ) I.,SUMMARY OF APPLICATION The applicant is requesting preliminary plat approval to allow a seven (7) lot single family residential cluster subdivision of 2.81 acres, pursuant to Federal Way :.City Code (FWCC) Chapter 20, Subdivisions, Division 5 Preliminary Plat, and FWCc Article VII, Process III Review; with proposed intrusions into Environmentally Sensitive Areas including a Major Stream Setback and Floodplain, pursuant to FWCC Article XIV, Environmentally Sensitive Areas. II, PROCEDURAL INFORMATION Hearing Date: August 29, 2000 Decision Date: September 11, 2000 At the hearing the following presented testimony and evidence: 1. Lori Michaelson, Senior Planner, City of Federal Way 2. Richard Miller, Engineer for Applicant 3. K. Nam 29605 Military Road South, Federal Way, WA 98003 4. Randy Lloyd, Applicant, 2102 South 341st Place, Federal Way, WA 98063 At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. Staff Report with all attachments 2. Mr. Nam's Photographs (3 sheets) III. FINDINGS 1. The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. 2. The Community Development Staff Report sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit "1" and incorporated in its entirety by this reference. 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC). 4. The applicant has a possessory ownership interest in an irregularly shaped, 2.8 acre parcel of property abutting the west side of Military Road South opposite Camelot Drive and the Camelot Mobile Home Park within the City of Federal Way. The site is presently improved with one single family residential dwelling and the applicant requests preliminary plat approval to allow subdivision of the site into-.:.seven single family residential lots and two tracts. The existing house will remai~ at its present location on proposed lot six. 5. The preliminary plat map shows that a single, 50 foot wide, 200 foot long, cul-de-sac road extending southwest from Military Road into the site will provide access to all seven lots. Lots vary in size between 9,705 square feet and 8,917 square feet. Tract A, a 19,011 square foot parcel located in the northwest corner of the parcel, will be used for a stream buffer, storm drainage, and conservation open space area. A 14,067 square foot Tract B, located between the internal plat road, the Military Road right-of-way and the southeast property line of Tract A is designated for usable open space. 6. Access to the existing house on proposed lot six is presently provided by a gravel driveway extending southwest and south from Military Road across the plat property. The abutting neighbor to the east uses a portion of the driveway near Military Road for access as well. However, said property owner does not have an easement to use said driveway, and the applicant proposes to eliminate the driveway and provide access for lot six onto the internal plat road. While testimony at the hearing indicated that the abutting neighbor to the east might have an adverse possession claim or some other fight to use the driveway, such issues are beyond the scope of the present proceeding and are reserved for Superior Court. However, property line and easement disputes must be resolved prior to final plat approval. 7. The site is located within the Single Family High Density designation of the Federal Way Comprehensive Plan, and abutting properties are located in either the Single Family High Density or the Multi-Family designation of the comprehensive plan. A seven lot single family residential subdivision on 2.8 acres is consistent with the comprehensive pJan. 8. The site is located within the RS-9.6 zone classification of the Federal Way City Code (FWCC) which authorizes single family residential homes on minimum 9,600 square foot lot sizes. While five lots are less than 9,600 square feet, the applicant has also applied for a cluster development pursuant to Section 20-154 FWCC. 9. A drainage course flowing from west to east adjacent to Tract A on the northwest property line meets the FWCC definition of"major stream" and must be protected by a minimum 100 foot setback. However, the applicant has applied to intrude into the major stream setback for the purposes of widening Military Road South, providing an adjacent landscape buffer, installing a biofiltration swale, and performing related grading and landscaping. 10. The topography of the site slopes gradually down hill to the southwest from Military Road, and previous clearing, contains no trees meeting the FWCC definition of "significant". Small birds and animals probably inhabit the site, but n~threatened or endangered species. Required landscaping in Tracts A and B will very likely improve on-site habitat opportunities. 11. The applicant filed a completed application for preliminary plat approval on December 22, 1994, and pursuant to RCW 58.17.033 is subject to the comprehensive plan, zoning, and other land use ordinances in effect on said date. Section 20-154 FWCC authorizes cluster subdivisions in order to promote open space and the protection of natural features such as trees and wetlands. Said section authorizes reductions in lot size below the minimum required in the applicable zone classification, provided that minimum yard and setback requirements can be met. However, density cannot be increased over the maximum allowed by the underlying zone classification. 12. As shown in Section V of the staff report, the RS-9.6 zone classification would allow subdivision of the site into a maximum of ten lots while the applicant proposes seven lots. Thus, the proposed density of the clustered subdivision does not exceed the maximum allowed by the RS-9.6 classification. Furthermore, two of the seven lots will exceed the size requirements, and the remaining five lots will be only 683 square feet less than the minimum authorized by the RS-9.6 classification. Clustering is appropriate as it allows the applicant to preserve the entire stream buffer and floodplain as permanent, conservation open space with planting enhancements. It further allows contiguous, usable open space visually and functionally linked to the conservation open space. 13. The applicant proposes an underground pipe system within the internal plat road to collect and detain storm water prior to its discharge to a biofiltration swale along the westerly portions of Tracts A and B. The storm drainage system will include a controlled release facility release water to the stream at a metered rate along the northwest property line. Surface water is conveyed from that point through a culvert under Military Road northeasterly to the Bingaman Pond, Mill Creek, and eventually to wetlands adjacent to West Valley Highway. The applicant must construct the storm drainage facilities in accordance with the 1990 King County Surface Water Design Manual and the City's engineering and construction standards. Such will ensure safe and appropriate management of surface water runoff. 14. The applicant will construct sidewalks on both sides of the internal plat road and on the west side of Military Road across the plat frontage. Such will ensure appropriate internal pedestrian circulation and safe access for school children to school bus stops. 15. The applicant will provide Type III landscaping and street trees in the 10 foot wide Tracts C and D adjacent to Military Road, and street trees on both sides of the internal plat road. Prior to final plat approval, the applicant must submit a final landscape plan to the City for final approval. _~ 16. The FWCC requires open space to equal at least 15% of the gross area of the site, but authorizes plats of five acres or less to pay an alternative fee in lieu of providing on-site open space. Based upon the gross area of the two parcels, the Windswept plat must provide 18,295 square feet of total open space which includes 12,197 square feet of usable open space. The applicant proposes 19,000 square feet of conservation open space, more than the total open space requirement. However, the applicant is able to provide only 9,280 square feet of usable open space and therefore proposes a fee in lieu of providing the balance of approximately 2,900 square feet. The City Parks Director reviewed and accepted in concept the fee in lieu request. 17. As previously found, the applicant proposes to intrude into a portion of the major stream setback for road widening and biofiltration swale construction. Conditions of approval require the applicant to construct half street improvements to the Military Road right-of-way across the plat frontage which will include an eight foot wide sidewalk; six foot wide planter strip with street trees and streetlights; curb and gutter; five foot wide bicycle lane; and pavement widening. The applicant must also dedicate a 20 foot wide strip of property for widening Military Road. Such improvements require intrusions into the stream setback and floodplain. 18. Prior to intruding into a stream setback and floodplain, the applicant must establish that the request satisfies the criteria set forth in Section 1312(c) FWCC. Findings on each criteria are hereby made as follows: A. The intrusion will not adversely affect water quality. The applicant must comply with the storm drainage detention and water quality requirements of the King County Surface Water Design Manual as well as the City's adopted storm drainage design and construction standards. Compliance with said criteria will ensure no adverse impact to water quality. B. The intrusion will not destroy or damage a significant habitat area. As previously found, the stream setback has been previously cleared of significant vegetation and is of marginal habitat value. Furthermore, from its headwaters near SR-99 to Interstate-5, the stream has .been severely impacted by past development. Furthermore, portions of the stream downstream from the site are completely developed with residences and roads. The mitigation planting plan and monitoring plan will increase habita~ value. C. The intrusion will not adversely affect drainage or storm water retentior~ capabilities. Again, compliance with the King County Surface Water Desigr~ Manual and City standards will ensure no adverse impacts to surface water drainage or storm water retention capabilities. D. The intrusion will not lead to unstable earth conditions nor create erosion hazards. The applicant must provide a temporary erosion and sedimentatior~ control plan as part of construction permit applications. E. The intrusion will not be materially detrimental to other properties in the area nor to the City as a whole, nor will the intrusion cause a loss of significant open space or scenic vista. To the contrary, the purpose of the intrusion is to create new sidewalks, bike lanes, and a planting area for street trees ancl other landscaping which will provide public benefits. The area has no important view corridors, and the intrusion is necessary for reasonable development of the property (to accommodate surface water drainage and improvements to Military Road). 19. The applicant will construct the internal plat road to the City local dght-of-wa'1 standard which includes five foot wide sidewalks, four foot wide planter strips with trees and streetlights, and a 28 foot wide pavement within a 50 foot wide right-of- way. As previously found, the applicant will also construct half street improvemenls to Military Road' South and will also execute a "No Protest Local Improvement District Agreement" wherein he agrees to participate in future improvements to the east side of Military Road South. 20. School children residing in the plat will attend Lake Dolloff Elementary Schoc~, Sacajawea Junior High School, and Federal Way High School~ The district will bus all students residing in the plat. Conditions require the applicant to comply with the City School Impact Fee Ordinance at building permit issuance. Said ordinanm currently requires a payment of $2,383 per single family housing unit to the school 5 district. 21. The Lakehaven Utility District will provide sanitary sewers, potable water, and fire flow to the site. 22. Prior to obtaining preliminary approval the applicant must also establish that the project satisfies the criteria for Process III review as set forth in Section 22-476 FWCC. Findings on each criteria are hereby made as follows: A. As previously found, the proposed preliminary plat is consistent with the comprehensive plan which designates the site Single Family High Density. B. The project is consistent with all applicable provisions of the FWCC including those adopted b~/reference. The project complies with all criteria set forth in Chapter 20 FWCC entitled "Subdivisions" and Chapter 22 entitled "Zoning". The proposed cluster subdivision and minor intrusions into a stream setback and floodplain are consistent with applicable decision crited~ §et forth in Section 20-154, et seq., FWCC. C. The project is consistent with the public health, safety, and welfare. All facilities and services are available to serve the proposed preliminary plat. D. The project complies with design criteria set forth in Section 20-2 FWCC. E. The project complies with the development standards set forth in Sections 20-151 - 20-157 and 20-178 -20-187 FWCC. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The proposed preliminary plat of Windswept makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary waste, parks, playgrounds, sites for schools, school grounds, fire protection, and safe walking conditions. 3. The proposed preliminary plat is consistent with the Federal Way Comprehensive Plan and the RS-9.6 zone classification as modified by the cluster subdivision. 4. The project satisfies all criteria for intrusion into a stream setback and floodplain as well as all criteria within the FWCC concerning subdivisions. 6 5. The proposed subdivision will serve the public use and interest by providing an attractive location for a single family residential subdivision and therefore should be granted subject to the following conditions: 1. Prior to issuance of construction permits, a final landscape plan, prepared by a licensed landscape architect in accordance with FWCC Article XVII, Landscaping, shall be submitted for review and approval by the Director of Community Development Services, and shall include the following elements: (a) Street trees in right-of-way planter strips along the project frontage of Military Road and both sides of the internal plat street; and (b) Type III !andscaping within required landscape buffers adjacent to Military Road. 2. Prior to final plat recording, the applicant shall pay the propos._e,d alternative fee-in-lieu for the balance of required usable open space, pur§uant to final area calculations for on site usable open space, which fee shall be calculated on the basis of 15% of the most recent assessed valuation or MAI appraisal, at that time, subject to final approval by the Directors of Parks and Community Development Services. 3. Prior to final plat approval, the applicant shall install landscaping in the stream setback area in accordance with the Windswept Preliminary Plat Mitigation Planting Plan, by Adolfson Associates, revised 8/16/00; and shall ' submit, for the city's review and approval, a monitoring plan prepared in accordance with FWCC Sec. 22-1358(e)(1)a.-g.; and pursuant to FWCC Sec. 22-1243, the applicant shall be responsible to pay for the services of a city-approved qualified professional to perform inspections and reporting tasks required to implement the monitoring plan. 4. In accordance with FWCC Sec. 20-114(c), as vested, the preliminary plat shall expire three years from the date of city council approval unless substantial progress has been made toward completion of the entire plat. In the event the 'applicant has not made substantial progress toward completion of the plat, the applicant may request a on-year extension from the Hearing Examiner. The request for extension must be submitted to the Department of Community Development Services at least 30 days prior to the expiration date of the preliminary plat and will be decided by the Hearing Examiner pursuant to FWCC Sec. 20-11,4(d)(e). RECOMMENDATION: It is hereby recommended to the Federal Way City Council that the preliminary plat of Windswept be approved subject to the conditions contained in the conclusions above. DATED THIS Il '~"DAY OF September, 2000. H~aring Fxaminer TRANSMITTED THIS / ~ DAY OF September, 2000, to the followingL APPLICANT: Randy Lloyd P.O. Box 3889 Federal Way, WA 98063-3889 K. Nam 29605 Military Road S. Federal Way, WA 98003 City of Federal Way cio Chris Green 33530 1st Way S. Federal Way, WA 98003 PROCESS IV Rights to Appeal Decisions of the hearing Examiner may be appealed by any person who is to receive a copy of that decision under FWCC Section 22-443. The appeal, in the form of a letter of appeal, must be delivered to the Department 0fCommunity Development Services within fourteen (14) calendar days after the issuance of the Hearing Examiner's decision. The letter of appeal must contain: 1. A statement identifying the decision being appealed, along with a copy of the decision; 2. A statement of the alleged errors in the Hearing Examiner's decision, including specific factual finds and conclusions of the Hearing Examiner disputed by the person filing the appeal; and ~ 3. The appellant's name, address, telephone number and fax number, and any other information to facilitate communications with the appellant. The person filing the appeal shall include, with the letter of appeal, the fee established by the City of the costs of preparing a written transcript of the hearing (or in the alternative, the appellant may prepare the transcript at his or her sole costs from tapes of the hearing provided by the City).The appeal will not be accepted unless it is accompanied by the required fee and cost (or agreement of the appellant to prepare the transcript). Appeals from the decision of the Hearing Examiner will be heard by The City Council. The decision of City Council is the final' decision of the City. The action of the City in granting or denying an application under this article may be reviewed pursuant to RCW 36.70C in the King County Superior Court. The Land Use Petition must be filed within twenty-one (21) calendar days after the final land use decision of the City. CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT TO THE FEDERAL WAY HEARING EXAMINER PRELIMINARY PLAT OF WINDSWEPT PUBLIC HEARING: August 29, 2000 - 1:30 pm FEDERAL WAY CITY HALL - CITY COUNCIL CHAMBERS 33530 IST WAY SOUTH FILE NO. 99-100360-00-SU/SUB91-0002 (Related File No. SEP95-0026) OWNER/APPLICANT: Randy Lloyd PO Box 3889 Federal Way, WA 98063-3889 ACTION Preliminary plat approval of a seven (7) lot single family REQUESTED: residential cluster subdivision of 2.81 acres, pursuant to Federal Way City Code (FWCC) Chapter 20, Subdivisions, Div. 5, Preliminary Plat~, and FWCC Article VII, Process III ReviewS; with proposed intrusions into Environmentally Sensitive Areas including a Major Stream Setback and Floodplain, pursuant to FWCC Article XIV, Environmentally Sensitive Areas( STAFF REPRESENTATIVE: Loft Michaelson, AICP, Senior Planner, (253) 661-4045 STAFF RECOMMENDATION: Preliminary Plat approval with conditions as recommended. Report prepared by: Loft Michaelson, AICP, Senior Planner, August 21, 2000 ~ The application is vested to all applicable city codes, policies, regulations, and procedures as noted herein and in effect on the date of complete application, or December 22, 1994. Key applicable codes and regulations are noted herein and attached (as Exhibit 0). TABLE OF CONTENTS I. GENERAL INFORMATION ................................................................................................................ 2 II. CONSULTED DEPARTMENTS AND AGENCIES ........................................................................... 3 III. STATE ENVIRONMENTAL POLICY ACT ....................................................................................... 3 IV. NATURAL ENVIRONMENT .............................................................................................................. 4 V. PRELIMINARY PLAT DESIGN .......................................................................................................... 5 VI. ANALYSIS OF STREAM SETBACK INTRUSION REQUEST .......................................................7 VII. TRANSPORTATION ............................................................................................................................ 9 VHI. PUBLIC SERVICES ............................................................................................................................ 10 IX. UTILITIES .......................................................... ~ ................................................................................ 10 X. ANALYSIS OF PRELIMINARY PLAT DECISIONAL CRITERIA ................................................ I 1 XI. FINDINGS OF FACT AND CONCLUSION ..................................................................................... 13 XII. STAFF RECOMMENDATION .......................................................................................................... 14 LIST OF EXHIBITS .......................................................................................................................................... 16 I. GENERAL INFORMATION a. Description of proposal The applicant proposes to subdivide 2.80 acres of land into seven (7) lots, with associated right-of-way improvements, storm drainage facilities, utilities, and landscaping (Exhibit A). Access to the plat will be provided from Military Road South via a 200' (+/-) long cul-de- sac street (South 296~' Place as proposed). Two of the seven lots are proposed with at least 9,600 square feet (SF) each, consistent with current site zoning (RS 9-6). Pursuant to FWCC Sec. 20-154, Cluster Subdivision, the remaining four lots will be slightly reduced (from 9,600 SF to 8,917 SF), based on a plat design that promotes open space and protects on site sensitive areas, including a major stream, stream setback area, and floodplain. The applicant is also requesting certain intrusions into these sensitive areas. Staff analyses of code-required decisional criteria for the proposed cluster subdivison, and the requested intrusions, are provided below, under V.a., Lot Layout and Cluster Subdivision Analysis, and VI, Analysis of Stream Setback Intrusion Request. It should be noted that the proposed plat has undergone several design changes since it was initially filed in March of 1991. Originally proposed was a 6-lot conventional subdivision with portions of a surface water detention pond, bioswale, a retaining wall, and residential lot within the stream setback and/or floodplain. The plat was subsequently redesigned to a 7-lot cluster configuration, with underground detention pipe system and redesigned open space. The current design minimizes intrusions into sensitive areas, and organizes conservation and usable open space contiguously to combine the aesthetic and functional values of these resources. b. Site location and description The subject property is located at 29603 Military Road South, at the intersection of Military Road and Camelot Drive (if extended). (Exhibit B). The site has a total land area of 2.80 acres in two tax parcels. The larger of the two existing parcels contains 2.44 acres and the smaller parcel (with the existing house) contains .36 acres. One existing single family dwelling is located on the southeast portion of the site. This dwelling unit will be retained on Lot 6 as proposed, and the house and proposed lot lines are consistent with required building setbacks. The site is otherwise undeveloped and has been previously cleared of significant vegetation. As previously noted, and detailed below under IV, Natural Environment, environmentally sensitive areas including an identified major stream and floodplain, are located along the northwest boundary of the plat. c. Legal Description See preliminary plat map (Exhibit A). d. Site and Adjacent Zoning (Exhibit C) ; Comprehensive Plan Designations; Existing Uses Direction Zoning Comprehensive Plan Existing Uses Site RS-9.6' SF** High Density Vacant and single family Northwest RM-3600 Multi-Family Apartments/mobile homes 2 Northeast RM- 1800 Multi-Family Mobile homes East RS-5.0 SF High Density Mobile homes South RS-9.6 SF High Density Single family West RS-9.6 SF High Density Single family *Single family residential, 9,600 square feet minimum lot size **SF=single family II. CONSULTED DEPARTMENTS AND AGENCIES The following departments, agencies and individuals were notified of this application, pursuant to the applicable code procedures as indicated. a. Pursuant to FWCC Sec. 20-109, The Community Development Review Committee (CDRC) consisting of the City of Federal Way Department of Community Development Services Planning and Building Divisions; Public Works Department; Parks and Department; Federal Way Fire District; Lakehaven Utility District (formerly Federal Way Water and Sewer District); Federal Way School District; and utility companies proposed to provide electricity, telephone, natural gas, cable television, and solid waste collection. CDRC comments have been incorporated into this report where applicable. b. Pursuant to FWCC Sec. 20-111, all owners of real property located within 300' of site boundaries, and all agencies and private companies who were notified pursuant to Sec. 20- 109, were mailed notices of the public hearing, The site was also posted and notice published in the newspaper and on the city's official notice boards. No written comments concerning the application or the public hearing have been received as of the date of this report. 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 site boundaries, 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. No public comments regarding the initial determination were received, and the decision was finaled without modification. III. STATE ENVIRONMENTAL POLICY ACT (SEPA) A Mitigated Determination of Nonsignificance (MDNS) was issued for the proposed action on September 28, 19904/,(Exhibit D). No comments or appeals were received prior to the respective deadlines, and the initial determination was fmaled without modification. The MDNS established one mitigation measure, requiring future homes to be sound insulated for compatibility of aircraft noise with residential use, in conjunction with the noise 3 exposure contour map as issued by the Port of Seattle at that time. However, since issuance of the MDNS, the Port of Seattle's noise contour maps have been revised and the subject property is no longer included in the geographic contour of affected properties. Accordingly, the city will interpret the MDNS condition to be met on the basis of non-applicability of the previously identified adverse noise impact, and consequently, will not require homes to be insulated over and above the normal residential construction standards as required by the Uniform Building Code. iV. NATURAL ENVIRONMENT a. Environmentally Sensitive Areas A drainage course, flowing from west to east, bounds the northwest boundary of the plat. It was evaluated (see Exhibits D, E, Fand G) during the environmental review process and determined to meet the city code definition of major stream. The top of the stream bank and code-required 100 foot setback have been surveyed and delineated on the preliminary plat map. A large wetland is located approximately 300 feet west of the site. In addition, a surface water detention pond was previously constructed on the north side of the stream for the multifamily development at that location. However, no wetlands were identified on or within 100 feet of plat boundaries (Exhibits Fand G). King County and City of Federal Way Sensitive Areas Maps do not reveal the site to be in a problem area relative to landslides, seismic hazards, erosion hazards, or steep slopes. However, the applicant's revised Hydraulic Analysis (Exhibit H) reported that the area adjacent to the stream in the northeast portion of the property does function as afloodplain for 100-year storm events. Flooding of the area is reportedly due to an undersized 24-inch diameter culvert beneath Military Road with insufficient capacity to handle higher peak flows. The floodplain has been surveyed and delineated on the preliminary plat map. The 100 foot stream setback and the floodplain contained within it are proposed to be permanently set aside in an open space tract ("Tract A"). Project-related impacts within this tract and proposed mitigation measures are described below under VI, Analysis of Stream Setback Intrusion Request. b. Topography, vegetation, wildlife The subject site slopes gradually down to the northeast from Military Road. The site has been previously cleared and contains no trees meeting the FWCC definition of significant. Existing vegetation includes a variety of grasses and weeds, blackberry, Scot's broom, and red alder. Small birds and animals (squirrels, field mice, etc.) are likely to inhabit the site. No threatened or endangered species are known or suspected to inhabit the site. Proposed and required landscaping (see V.e, below) will enhance environmentally sensitive areas and introduce habitat opportunities to help mitigate the introduction of human activities on wildlife. 4 V. PRELIMINARY PLAT DESIGN a. Lot layout and Cluster Subdivision Analysis Proposed lots range in size from 8,917 to 9,705 square feet, with lot shape and layout as is customary with cul-de-sac design. No important view corridors were identified in or adjacent to the plat. Two of the seven lots are proposed to have 9,692 and 9,705 square feet, consistent with site zoning of RS-9.6 (9,600 square feet minimum lot size). Pursuant to FWCC Sec. 20-154, Cluster Subdivision, a minor reduction in lot size from 9,600 to 8,917 square feet, is proposed for the remaining four lots. The proposed cluster subdivision was reviewed and determined to be consistent with all applicable criteria, as described below: (1) The proposed 7-lot cluster subdivision is consistent with the maximum density allowance for the site of 10 lots, as calculated below, pursuant to Sec. 20-153 (b) ("Lots created in a cluster subdivision may be below the minimum lot size requirements of Chapter 22, Zoning, provided the total number of lots created does not exceed the number which would be permitted in a conventional subdivision on a site of the same total area, after reservation of required open space") and Sec. 20- 153(a)("Calculation of density in subdivisions shall not include streets or vehicle access easements."): Conventional Subdivision Density Calculation: Gross land area of site: 121,968 square ft. (SF) Minus streets and open space (35% of total area) -42~689 SF Net developable area 69, 279 SF Net developable area (69,279 SF) divided by underlying zoning (9,600) = 10 lots Conclusion: The proposed plat density of 7 lots does not exceed maximum allowed density of 10 lots. (2) The proposed cluster subdivision is consistent with Sec.20-154 (a) ("In order to promote open space and the protection of natural features such as trees and wetlands, lots may be reduced in size and placed in clusters on the site.") and Sec. 20-154(b) (''Lots created in a cluster subdivision may be reduced in size below the minimum required in Chapter 22, provided that minimum yard and setback requirements are met and building setback lines are shown on the face of the plat."). The plat preserves the entire stream buffer and floodplain as permanent conservation open space, with planting enhancements therein, and provides contiguous usable open space which is visually and functionally linked to the conservation open space. Required building setbacks are noted on the plat map. (3) The proposed cluster subdivision is consistent with FWCC Sec. 20-154(c)("Open space created by cluster subdivisions shall be protected from further subdivision or development by covenants filed and recorded with the fmal plat."). The preliminary plat map establishes the stream buffer/floodplain and usable open spaces as separate, permanent open space tracts, with conveyance and maintenance to homeowners, and prohibits future subdivision or intrusions into the tracts. b. Subdivision access and roadways Acccss to the proposed subdivision will be provided from Military Road via a 200 foot (+/-) cul-de-sac street (proposed as South 296~ Place). The Public Works Department and Federal Way Fire Department have reviewed and accepted the proposed access, street improvcments, curve radii, and sight distance. A proposed right-of-way dedication of 20 fcct along the project frontage of Military Road will accommodate street frontage improvements at that location, consistent with city code. See VII, Transportation, below, for a detailed description of proposed and required street improvements. c. S~rface water management Dcvclopment of the site will create additional nmoff from new impervious surfaces such as streets, driveways, and rooftops. The city's Public Works Department reviewed and accepted the applicant's preliminary drainage plan (ExhibitA, pg 2), and hydraulic analyses and calculations ,(Exhibits H, I, J) for purposes of a preliminary plat recommendation. As notcd previously, the storm drainage plan has been revised from a surface pond to an underground pipe system, and the bioswale has been relocated entirely outside of the tloodplain. Storm drainage calculations have been revised accordingly. Thc preliminary drainage design proposes to collect and convey storm water via a subsurface pipe system within South 296~ Place, into a biofiltration surface swale (located in drainage cascmcnt along the westerly portions of Tract B and Tract A), with design-controlled release to Tract A and ultimately to the stream. Surface water is conveyed from that point through a culvcrt under Military Road, and northeasterly to Bingaman Pond, Mill Creek, and associated wetlands adjacent to West Valley Highway. See IX.c., below, for a detailed description of proposed and required storm water drainage facilities. Final design of storm drainage facilities in accordance with the 1990 King County Surface Water Design Manual~ (KCSWDM) and the city's engineering and construction standards, will ensure safe and appropriate management of surface water runoff. d. ])edestrian system Thc preliminary plat is designed to provide good internal pedestrian circulation and coxmectivity to adjacent sidewalks. Right-of-way improvements include sidewalks on both sides of South 296th Place and along the project frontage of Military Road South. Plat improvements will also ensure safe access by school age children to school bus stops. e. Landscaping Thc preliminary plat map provides appropriate areas for required landscaping. Street trees will be provided in planter strips along the project frontage of Military Road, and on both sides of the internal street (South 296th Place). The plat will also be screened from Military Road (an arterial street) with a ten foot wide buffer comprised of Type "IIF' landscaping 2 The project is vested to the 1990 manual, in effect on the date of complete application. (trees, shrubs, and groundcover). The plat is also required to provide a 10 foot wide "Type III" landscape buffer adjacent to the multifamily residential zone along the northwest property boundary. Because this area is located within the stream setback area, landscaping will be appropriately provided as part of the applicant's mitigation planting plan (Exhibit K). For a description of the mitigation planting plan, refer to VI., Analysis of Stream Setback Intrusion Request. Required landscaping along Military Road will be placed in separate tracts for ownership and maintenance by homeowners. Pursuant to city code, the applicant will be required to submit a final landscape plan, in accordance with FWCC Article XVII, Landscaping, and approved by the city, prior to final plat approval. This requirement is noted as Condition # I of preliminary plat approval, as recommended. f. Open space In order to provide adequate recreational opportunities commensurate with new residential development, the Subdivision Code requires open space to be provided on site in the amount of 15% of the gross land area of the site; or if the site is five acres or less in size, an alternative fee may be paid in lieu of providing the on site open space. The total open space requirement for the Windswept site is 18,295 square feet (SF), with a minimum 12,197 SF in usable open space. The applicant proposes to meet these requirements by providing (1) conservation open space3 in the amount of 19,000 SF ("Tract A"); (2) on site usable open space in the amount of approximately 9,280 SF ("Tract B", minus the drainage easement); and (3) a fee-in-lieu of providing the balance of the required on site usable open space (approximately 2,900 SF). The fee-in-lieu request was reviewed and accepted in concept by the city's Parks Director. In accordance with code, the fee-in-lieu calculation will be determined and paid prior to final plat approval. The required fee will be the balance of the usable open space required, based on £mal calculations for on site usable space (which depends upon final engineering calculations for the bioswale and related grading). The optional fee is to be calculated on the basis of 15% of the most recent assessed or appraised property value at the time of final plat review, and paid to the city before final plat recording. This requirement is noted as Condition #2 of preliminary plat approval, as recommended. VI. ANALYSIS OF STREAM SETBACK INTRUSION REQUEST The applicant is proposing to intrude into a portion of the major stream setback in the northeast comer of the property for purposes of widening Military Road South and providing the adjacent landscape buffer as required by code. These street improvements also make it necessary to extend the existing culvert under Military Road approximately 20 feet to the west, with related filling to the extent necessary for stream bank stabilization. Intrusions are also proposed within the northwesterly westerly portion of"Tract A" for portions of the biofiltration swale and related grading and landscaping, and some minor landscaping is proposed in the floodplain. No grading or reduction m flood storage capacity is proposed or anticipated within the floodplain, based on preliminary drainage calculations. However, final hydraulics calculations will be reviewed to ensure no net loss of floodplain storage .capacity with any compensatory grading required, as determined by the King County Surface Water Design Manual (KCSWDM). 3 The Subdivision Code establishes no minimum or maximum allowance for conservation open space. 7 As shown on the preliminary plat map, the entire 100 foot required stream setback (including the floodplain) will be established in a separate tract (Tract A4), for permanent preservation and protection of the stream setback and floodplain. In addition, ), in accordance with the city's Environmentally Sensitive Areas Ordinance, the applicant has proposed a mitigation planting plan ,(Exhibit K) to stabilize and enhance disturbed areas within Tract A. The proposal also provides for a 5-year monitoring program to ensure survivability and performance objectives within the planting area. The mitigation planting plan has been accepted by the city, pursuant to FWCC Sec. 22-1312 and Sec. 22-1357(1),. As proposed by the applicant, and pursuant to Condition #3 of preliminary plat approval, a final mitigation plan will be required pursuant to FWCC Sec. 22-1358(e)(1), Mitigation Plan. FWCC Sec. 1312, (c), establishes decisional criteria for requests to locate an improvement or engage in land surface modification within a stream or stream setback. Staff has reviewed the request and found it to meet the applicable decision criteria, as described below. (1) It will not adversely affect water quality. Staff response: The applicant's engineering plans will be reviewed for compliance with applicable requirements pertaining to storm drainage detention and water quality, in accordance with the King County Surface Water Design Manual (KCSWDM) and the city's adopted storm drainage design and construction standards. Design and construction of storm drainage facilities in accordance with these standards and specifications will ensure no adverse impact to water quality associated with the proposed intrusions. (2) It will not destroy or damage a significant habitat area. Staff response: The existing stream setback has been previously cleared of significant vegetation and is of marginal habitat value. From its headwater near SR-99 to Interstate 5, the stream has been severely impacted by past development. Portions of the stream setback downstream of the site are completely developed with residences and roads. The applicant's mitigation planting plan and monitoring plan, as proposed and as recommended, is expected to increase habitat value in the stream setback area. (3) It will not adversely affect drainage or stormwater retention capabilities. Staff response: Preliminary hydraulic calculations submitted by the applicant indicate that stormwater retention capabilities, including floodplain storage capacity, will not be adversely affected by the proposed intrusions. Design and construction of storm drainage facilities in accordance with the King County Surface Water Design Manual (KCSWDM) and the city's storm drainage design and construction standards, will ensure no adverse impact to surface water drainage or stormwater retention capabilities associated with the proposed intrusions. (4) "It will not lead to unstable earth conditions nor create erosion hazards." Staff response: No significant adverse impacts related to unstable soils, slope, or other 4 Tract ^ as shown on the plat map excludes the adjacent areas proposed for right-of-way dedication, as well as the required landscape buffer, alon9 Military Road. 8 erosion hazards were identified during the related SEPA review for the project, and none are anticipated with the proposed instrusions. The applicant will be required to provide a Temporary Erosion and Sedimentation Control Plan as part of related construction permits. (5) "It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including loss of significant open space or scenic vista. Staff response: The proposed intrusions do not encroach into or adversely impact any adjacent properties. The proposed widening of Military Road South; new sidewalk; bike lane; street trees; resource conser~,ation including permanent open space; lansdscape buffering, and revegetation of currently degraded areas, will provide public benefits. No important view corridors have been identified on or near the property. (6) It is necessary for reasonable development of the subject property. City response: The proposed intrusions represent the minimum necessary to accommodate required street improvements, existing site topography, and surface water drainage, for site development consistent with applicable city codes. Proposed mitigation landscaping and monitoring is expected to enhance and improve the stream buffer and adjacent areas above the existing substandard conditions. VII. TRANSPORTATION The city's traffic division determined that a Traffic Impact Analysis (TIA) is not required based on anticipated trip generation and distribution of the proposed 7-lot plat. However, a sight distance analysis was required and reviewed to ensure proper entering and exiting sight distance at the intersection of Military Road and the proposed South 296th Place. In accordance with FWCC Sec. 22-1473, -1474, -1475, -1522, and -1524 (Arterial Rights- of-way; contained in Exhibit O) and an approved modification (Exhibit Ls) by the Public Works Director pursuant to FWCC Sec. 22-1477, the applicant is proposing "half street" improvements to the Military Road South right-of-way (ROW). As proposed and required, Military Road improvements will include an 8' sidewalk; 6 foot wide planter strip with street trees and street lights; curb and gutter; 5' bicycle lane; and pavement widening, within a ROW width of 50 feet measured from eenterline (after the proposed 20 foot ROW dedication). Additionally, pursuant to FWCC Sec. 22-1475, and as noted in the approved modification (Exhibit L), the applicant is required to provide roadway transitions designed and constructed beyond the limits of the project frontage, to provide for safe channelization into and out of the widened section and to accommodate existing driveways to adjacent properties. In accordance with FWCC Sec. 22-15256 (Local Rights-of-Way), the applicant is proposing to construct the local access street (South 196t~ Place), with a 5' sidewalk; 4 foot wide 5 This modification permitted half-street in lieu of full street improvements, subject to a "No-Protest Local Improvement District Agreement" whereby the property owner agrees to participate in future improvements to the east side of Military Road South. This agreement has been signed and executed by the property owner and is on file with the city. 6 See Exhibit O. 9 planter strip with street trees and street lights; and 28' of pavement, within a 50' fight-of- way width. (It should be noted that the 1994 code did not require landscaped islands in cul- de-sacs, nor was such landscaping deemed necessary in environmental review for mitigation of an identified potential adverse environmental impact.) The Public Works Department has determined that the proposed street design and related improvements will ensure safe and efficient movement of traffic; with final design and construction subject to the 1987 King County Road Standards Manual (as vested) and the city's engineering and construction standards. VIII. PUBLIC SERVICES a. Police and Fire Services Police and fu-e delivery is expected at a rate typical to single-family subdivisions. Federal Way police and fu-e departments reviewed the preliminary plat for compliance with emergency access, hydrant locations, and fire flow requirements. b. Schools The preliminary plat was reviewed by the Federal Way School District. The proposed subdivision will be served by Lake Dolloff Elementary School, Sacajawea Junior High School, and Federal Way High School. (School service areas are reviewed annually and may be adjusted to accommodate enrollment growth and new development). The district has determined that all students will be bussed fi.om within the plat or adjacent points along Military Road within a safe walking distance fi.om the plat. In addition, school impact fees, as authorized by city ordinance and collected at the time of building permit issuance, are currently $2,383 per single family housing mt. School impact fees are determined on the basis of the school district's Capital Facilities Plan and are subject to annual adjustment and update. c. Recreation Steel Lake Park is located approximately I-1/2 miles southWest of the site. As proposed by the applicant and supported by the city, payment of the applicant's optional fee in lieu of providing on site recreational open space will be utilized to improve recreational opportunities within the park comprehensive plan planning area of the subject property. d. Fire Protection A Certificate of Water Availability from King County (Exhibit M) indicates that water is available to the site in sufficient quantity to satisfy fire flow standards for the proposed plat. IX. UTILITIES a. Water Supply The applicant proposes to serve the subdivision with a public water supply and distribution lO system managed by Lakehaven Utility District. A Certificate of Water Availability (Exhibit M) indicates the District's capacity to serve the proposed development via an extension of the existing water main at Military Road South, subject to a Developer Extension Agreement. b. Sewage Disposal The applicant proposes to serve the subdivision by a public sewer system managed by Lakehaven Utility District. A Certificate of Sewer Availability (Exhibit N) indicates the district's capacity to serve the proposed development through an extension of the existing sewer line through the center of the property, subject to a Developer Extension Agreement. (It should be noted that there is an existing sewer trunk line, located diagonally across the northeast comer of the plat, will be unaffected by the proposal.) c. Drainage Facilities Storm drainage facilities are required to be designed in accordance with all applicable requirements of the 1990 King County Surface Water Design Manual7 (KCSWDM) and the city's engineering and construction standards. The preliminary drainage design proposes to collect and convey storm water via a subsurface pipe system in South 296m Place, into a biofiltration (water quality) surface swale located along the west side of Tract B, with design-controlled release to Tract A, and ultimately to the stream. All of the surface water runoff from impervious surfaces within the plat, and new impervious surface along Military Road, must be routed to a city-approved system. Internal plat improvements including South 296th Place; footing, patio, and driveway drains; roof runoff; and runoff from new impervious surfaces on Military Road on the south side of South 296th Place, will be collected in the subsurface pipe system and the water quality biofiltration swale. Some or all of the surface water runoff associated with Military Road improvements on the north of South 296m Place may be conveyed to the adjacent stream via the existing system under Military Road. Design of the final storm drainage plan in accordance with the KCSWDM and applicable city code requirements will ensure appropriate detention and water quality treatment for project-generated nmoff, ensuring no net increase to the existing rate of untreated surface discharge into the stream. X. ANALYSIS OF PRELIMINARY PLAT DECISIONAL CRITERIA Pursuant to FWCC Chapter 20, Subdivisions, Sec. 20-111, Process for review and FWCC VIII, Process IIIReview, Section 22-476 et seq, (Exhibit 0), preliminary plat applications are submitted to Federal Way Hearing Examiner, who shall conduct a public hearing; review the preliminary plat for compliance with applicable sections of the Subdivision Code and other applicable ordinances or regulations; and shall issue a written recommendation to the City Council, who will then decide upon the application. Pursuant to FWCC Sec. 20-112(c), the Hearing Examiner shall review the preliminary plat for compliance with FWCC Sec. 20-2, design criteria and development standards Sections 20-151 through 20-157 and 20-178 through 20-187, and other applicable ordinances or regulations of the ? The project is vested to the i 990 manual, in effect on the date of complete application. city and RCW Ch. 58.17. Process III decisional criteria and staff responses are provided below. 1. The project is consistent with the Comprehensive Plan. Staff response : As proposed and as recommended, the preliminary plat is consistent with Federal Way Zoning and Comprehensive Plan (FWCP8) designations of RS 9-6, and Single · Family -High Density, respectively. The proposed single family use and maximum density allowance is consistent with FWCP policies applicable to this land use as established in the FWCP. 2. The project is consistent with all applicable provisions of the Federal Way City Code, including those adopted by reference. Staff comment: The preliminary plat application is required to comply with the provisions of the Federal Way City code, Chapter 18, Environmental Policy; Chapter 20, Subdivisions; Chapter 22, Zoning; and to all other applicable codes and regulations. The proposed cluster subdivision and minor intrusions into a stream setback and floodplain, are consistent with applicable decision criteria contained at FWCC Sec. 20-154 et seq, Cluster subdivision, and Article XIV, Environmentally Sensitive Areas. Future development of the residential subdivision will be required to comply with all applicable development codes and regnlatious. As proposed, and with conditions as recommended by staff, the preliminary plat will comply with all applicable codes and regulations. In addition, pursuant to FWCC Sec. 20-114(c), preliminary plat approval shall expire three years from the date of city council approval unless substantial progress has been made toward completion of the entire plat, subject to extension or reconsideration by the Hearing Examiner. Since the application is vested to the 3-year provision, and this provision has since ~een amended in city code, the 3-year provision is included as Condition #4 of preliminary plat approval for procedural clarification. 3. The project is, consistent with the public health, safety, and welfare. Staff comment: The proposed preliminary plat would permit development of the site consistent with the current Single Family High Density land use classification of the city's Comprehensive Plan and Zoning Maps. Access and fire hydrant locations must meet all requirements of the Fire District. Public benefit will derive fi'om infi-astmcture and related improvements along and adjacent to Military Road South, and preservation and enhancement of environmentally sensitive areas, pursuant to an approved planting mitigation Development of the site in accordance with applicable codes and regulations will ensure protection of the public health, ..,safety and welfare. 4. The project is consistent with design criteria listed in section 20-Z Staff comment: The proposed preliminary plat will promote the purposes identified in FWCC Sec. 20-2, and the standards and regulations therein, as identified in the staff report, 8 Comprehensive Plan and zoning designations in effect on the date of complete application, have not been revised by the city since that time. 12 including effective use of land, promotion of safe and convenient travel on streets, provision for the housing needs of the community, protection of environmentally sensitive areas, and flexible site design. As proposed and with conditions as recommended by staff, the application complies with all provisions of the chapter. 5. The project is consistent with the development standards listed in sections 20-151 through 157, and 20-178 through 20-18Z Staff comment: Development of the site is required to comply with the provisions of FWCC Chapter 20, Subdivisions; Chapter 18, Environmental Protection; Chapter 22, Zoning; and all other applicable local and state development codes and regulations. As proposed, and as recommended by city staff, the preliminary plat will comply with all applicable statutes, codes, and regulations. >fi. FINDINGS OF FACT AND CONCLUSIONS Based on an analysis of the proposed action, the environmental record, and related decisional criteria, the Department of Community Development Services finds that: 1. The proposed action is to subdivide a land area of 2.80 acres into 7 single family lots, ranging from 8,917 to 9,705 square feet in area. The site contains one existing single family residence which will be retained. 2. Proposed lot sizes and density are consistent with the current Zoning and Comprehensive Plan designations for the site of RS-9-6 and Single Family-High Density, respectively; and with the cluster subdivision decisional criteria set forth; and the project will be compatible with adjacent residential land uses. 3. A Mitigated Environmental Determination ofNonsignificance (MDNS) was issued for the proposed action on September 28, 1996. No comments or appeals were received, and the determination was fmaled without modification. This determination established one mitigation measure specifying insulation requirements to buffer future dwellings from air traffic noise. This condition has been determined to be met on the basis of non-applicability, since the LDN contour map issued by the Port of Seattle has since been amended and the subject property is no longer adversely impacted. Consequently no additional noise insulation will be required. 4. Water and sewer facilities are available from an existing sewer line within the plat and water service from Military Road, and are adequate to serve the proposed development, subject to developer extension agreements. It is the applicant's responsibility to secure all water and sewer services and the services of other utility providers as necessary. 5. Surface water facilities will be designed in accordance with the 1990 KCSWDM, subject to engineering plans review and approval, and are adequate to serve the development. 6. Safe and adequate vehicle access is provided by a cul-de-sac street extending 200 feet (+/-) fi.om Military Road. The Public Works and Fire Departments have reviewed the proposed access, street improvements, and curve radii. As proposed, and as required, site access and street design will be at the optimum location and configuration for safe and adequate traffic circulation. Street improvement plans, prepared per city code and the 1987 King County Road Standards, are subject to review and approval in conjunction with construction permits. 7. Safe and adequate pedestrian and non-motorized circulation is provided through good internal and external pedestrian and bicycle connectivity; as well as safe access for school age students to bus stops for bus transportation to schools, as determined and provided by the School District. 8. Ownership, maintenance, and access rights to public and private areas will be ensured by conveyance of all fights-of-way and drainage easements, to the City; and conveyance of landscaping buffer and open space tracts to the Homeowner. All landscaping requirements will be met, as proposed and as recommended pursuant to Condition # 1 of preliminary plat approval. 9. Recreational and open space needs of subdivision residents will be met though a combination of on site open space and fee-in-lieu payment to the City Parks which shall be utilized to improve recreational oppommities within the park comprehensive plan planning area of the subject property. Pursuant to Condition #2 of preliminary plat approval, as recommended, such fee shall be calculated and paid prior to final plat recording. 10. The proposal includes intrusions into a major stream setback, and floodplain as regulated by city code. The proposed intrusions are consistent with applicable decision criteria, with permanent enhancement of these critical resources ensured pursuant to Condition #3 of preliminary plat approval, as recommended. 11. The proposed subdivision and all attachments have been reviewed for compliance with all applicable codes, policies, regulations and procedures, including the Federal Way Comprehensive Plan (FWCP), Federal Way City Code Chapter 20, Subdivisions; Chapter 22, Zoning; Chapter 18, Environmental Protection; and other applicable codes and regulations as noted herein and ieffect on the date of complete application, or December 22, 1994. As proposed and with conditions as recommended by staff, the preliminary plat is consistent with the Comprehensive Plan and all applicable codes and regulations. The applicant is responsible to obtain outside agency permits as applicable. 12. Prior to final plat approval, aH required and approved improvements will be constructed, or the improvements appropriately bonded, per city code requirements; and final plat doctunents will be reviewed for consistency with the conditions of preliminary plat approval and all applicable codes, regulations, and standards, pertaining to final plat review. 13. For purposes of procedural clarification, the 3-year expiration provision which applies to the plat through the 1994 Subdivision Code, is included as Condition #4 of preliminary plat approval, as recommended. XII. STAFF RECOMMENDATION Based on review of this application, the enviromental record, and pertinent decisional criteria, the Department of Community Development Services recommends approval of the preliminary plat subject to the following conditions: 14 1. Prior to issuance of construction permits, a final landscape plan, prepared by a licensed landscape architect in accordance with FWCC Article XVII, Landscaping, shall be submitted for review and approval by the Director of Community Development Services, and shall include the following elements: (a) Street trees in right-of-way planter strips along the project frontage of Military Road and both sides of the internal plat street;and (b) Type III landscaping within required landscape buffers adjacent to Military Road. 2. Prior to final plat recording, the applicant shall pay the proposed alternative fee-in-lieu for the balance of required usable open space, pursuant to final area calculations for on site usable open space; which fee shall be calculated on the basis of 15% of the most recent assessed valuation or MAI appraisal, at that time, subject to final approval by the Directors of Parks and Community Development Services. 3. Prior to final plat approval, the applicant shall install landscaping in the stream setback area in accordance with the Windswept Preliminary Plat Mitigation Planting Plan, by Adolfson Associates, revised 8/16/00; and shall submit, for the city's review and approval, a monitoring plan prepared in accordance with FWCC Sec. 22-1358(e)(1)ao-g.; and pursuant to FWCC Sec. 22-1243, the applicant shall be responsible to pay for the services of a city- approved qualified professional to perform inspections and reporting tasks required to implement the monitoring plan. 4. In accordance with FwcC Sec. 20-114(c), as vested, the preliminary plat shall expire three years from the date of city council approval unless substantial progress has been made toward completion of the entire plat. In the event the applicant has not made substantial progress toward completion of the plat, the applicant may request a one-year extension from the Hearing Examiner The request for extension must be submitted to the Department of Community Development Services at least 30 days prior to the expiration date of the preliminary plat and will be decided by the Hearing Examiner pursuant to FWCC Sec. 20- 114(d)(e). LIST OF EXHBIITS - SEE NEXT PAGE 15 LIST OF EXHIBITS* A: Preliminary Plat Map (2 pages), by RLM Engineering, revision date 8/19/00'* B: VicinityfLx>cation Map C: Site and Adjacent Zoning D: Mitigated Environmental Determination of Non-Significance, dated 9/26/96 E: Wetlands Delineation and Hydrological Evaluation Report, by IES Associates, dated December 3, 1991 F: Wetland Reconnaissance and Determination, by John Comis Assoicates,, August 1995 G: Wetland review memo from Keith Fabing, Adolfson Associates, Inc., November 10, 1995 H: Hydraulic Analysis, by Richard Miller, P.E, RLM Engineering, revision date October 18, 1995 I: Hydraulic Calculations, by RLM Engineering, dated 1/19/99 J: Revised Detention Calculation Worksheet, revision date June 7, 2000 K: Wetland Mitigation Monitoring Planting Plan**, by Adolfson Associates, Inc., revision date 8/16/00 L: Street Improvement Modification letter to Richard Miller from Gary Barnett, dated October 6, 1997 M: Certificate of Water Availability, dated June 7, 2000 N: Certificate of Sewer Availability, dated June 7, 2000 O: Key Applicable Codes, Policies, Regulations FWCC Chapter 20, Subdivisions FWCC Article VII, Process llI Review FWCC Article XIV, Environmentally Sensitive Areas FWCC Article XVI, Improvements *Not all copies of staffreports include all exhibits as listed. Exhibits are available upon request to the Department of Community Development Services: **Full size copies of maps, plans, or reports provided to the Hearing Examiner only. 16 >~" "' :SI2TH- lES Associates Location Map 1514 Muirhead Windswept Site Olympia, WA 98502 F~al Way, WA (206) 943-0127 EXI-IIBIT_~F-] ._, i , .,, - I Figure I Windswept Preliminary Plat Site and Adjacent Zoning '(~ RM 1800 RM 3600 .V F. 2 o. ..t? : RM 3600 MEETING DATE: October 17, 2000 ITEM#.." ~// CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: KELLER PRELIMINARY PLAT APPLICATION CATEGORY: BUDGET IMPACT: N/A X CONSENT X RESOLUTION Amount Budgeted: $ 0 ORDINANCE ~ STAFF REPORT Expenditure Amt: $ 0 BUSINESS PROCLAMATION Contingency Reqd: $ 0 HEARING STUDY SESSION FYI OTHER ATTACHMENTS: Staff Memorandum to Land Use and Transportation Committee (LUTC) dated September 26, 2000; Hearing Examiner Report and Recommendation dated September 12, 2000; Staff Report to the Hearing Examiner, dated August 17, 2000; draft City Council resolution for conditional approval of the preliminary plat. SUMMARY/BACKGROUND: Staff is requesting City Council approval of the proposed preliminary plat application, pursuant to the Federal Way Hearing Examiner's recommendation issued September 12, 2000, and LUTC recommendation issued October 2, 2000. The public hearing on the proposed plat was held August 29, 2000. CITY COUNCIL COMMITTEE RECOMMENDATION: On October 2, 2000, the LUTC unanimously voted to forward a recommendation for approval of the proposed preliminary plat to the full Council, with no changes to the Hearing Examiner's recommendation as issued. CITY MANAGER RECOMMENDATION: Motion to approve resolution for approval of the preliminary plat application. APPROVED FOR INCLUSION IN COUNCIL PACKET.-~L~-~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _ APPROVED COUNCIL BILL # DENIED 1st Reading TABLED/DEFERRED/NO ACTION Enactment Reading ORDINANCE # RESOLUTION # _....OVERCC- 10/17/00 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF KELLER, FEDERAL WAY FILE NO. SUB98-0008 (98-103945-00-SU). WHEREAS, the applicant Dick Schroeder, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Keller, consisting of 14.03 acres, into forty-four (44) single family residential lots located on the east side of the 34600 block of 21 st Avenue SW; and WHEREAS, on April 15, 2000, a Mitigated Determination of Nonsignificance (MDNS) was issued for the proposal by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act, RCW 43.21 C, and no appeals of the MDNS were filed; and WHEREAS, the Federal Way Hearing Examiner held a public hearing on August 29, 2000, concerning the preliminary plat of Keller; and WHEREAS, following the conclusion of said hearing, on September 12, 2000, the Federal Way Hearing Examiner issued a written Report and Recommendation containing findings, conclusions and recommending approval of the preliminary plat of Keller, subject to conditions set forth therein; and DRAFT Res. # , Page 1 DRAFT WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-127 of the Federal Way City Code to approve, deny or modify a preliminary plat and/or its conditions; and WHEREAS, on October 17, 2000, the City Council considered the written record and the Recommendation of the Hearing Examiner, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City Codes; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions. 1. The findings of fact and conclusions of the Hearing Examiner's Recommendation, attached hereto as Exhibit A and incorporated by reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding shall be treated as such. 2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, potable water supplies, sanitary waste, parks and recreation, play grounds, and schools and school grounds and all other relevant facts, as are required by City Code and state law or are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. DRAFT Res. # , Page 2 DRAFT 3. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Approval. Based upon the recommendation of the City of Federal Way Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, the preliminary plat of Keller, Federal Way File No. SUB98-0008 (98- 103945-00-SU), is hereby approved, subject to conditions as contained in the Recommendation of the Federal Way Hearing Examiner dated September 12, 2000 (Exhibit A). Section 3. Conditions of Approval Integral. 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 City of Federal Way Hearing Examiner 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 general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or DRAFT Res. # , Page 3 - DR~FT unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Ratification. Any act consistem with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS __ DAY OF ,2000. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: INTERIM CITY ATTORNEY, ROBERT S. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. DRAFT Res. # , Page 4 CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES MEMORANDUM DATE: September 26, 2000 TO: Land Use and Transportation Committee (LUTC) Phil Watkins, Chair FROM: Kathy McClung, Director of Community Development Services Greg Fewins, Principal Planner Tim McHarg, AICP, Contract Senior Planner VIA: David Moseley, City Manager SUBJECT: Preliminary Plat of Keller I. SUMMARY OF APPLICATION The applicant proposes to subdivide approximately 14.03 acres into 44 single family residential lots, each having a minimum area of 7,200 square feet. The proposal includes construction of a road system, utilities, stormwater facilities, street frontage improvements, and other related infrastructure to serve the proposed residential lots. The existing single family residence and associated structures located on Lots 42, 43, and 44 of the proposed subdivision will be demolished. The application is vested and subject to the codes, policies, and regulations in place on the date of complete application, or December 1, 1998. II. REASON FOR COUNCIL ACTION Pursuant to FWCC Chapter 20, Subdivisions, the City Council issues a final decision at a public meeting, after review of the Hearing Examiner's recommendation. Consistent with city procedures, preliminary plat applications are brought to the Land Use and Transportation Committee (LUTC) for review and recommendation prior to review by the full Council. III. HEARING EXAMINER'S RECOMMENDATION City of Federal Way LUTC Report September 26, 2000 Preliminary Plat of Keller Page 1 On September 12, 2000, the Federal Way Hearing Examiner issued a report and recommendation (Exhibit A) to approve the proposed preliminary plat, as recommended by staff; after consideration of a staff report (Exhibit B) and testimony presented at an August 29, 2000, public hearing; subject to the following conditions: 1. Prior to issuance of construction permits, a landscape plan, prepared by a licensed landscape architect, shall be submitted to the City for approval, and shall include the following elements: a. Required ten (10) foot Type III arterial street landscape buffers along the 21 st Avenue SW frontage; b. Open space area landscaping; c. Street trees in planter strips inside plat boundaries along the 21 st Avenue SW frontage; d. Significant tree replacement plan; and e. Visual screening of the stormwater infiltration tract from the right-of-way with landscaping and/or fencing. 2. Prior to final plat approval, the existing structures on Lots 42, 43, and 44, must be removed or relocated to conform to building setbacks requirements as established by Federal Way City Code (FWCC); or lot lines must be adjusted accordingly. 3. Prior to issuance of construction permits, the applicant shall submit an easement for the temporary cul-de-sac at the westem terminus of SW 345th Place located on Lots 35 and 36 for the review and approval of the Public Works Director. The approved easement shall be noted on the face of the plat and recorded by the applicant. The easement shall include provisions for extinguishment of the easement when SW 345th Place is extended to 21st Avenue SW. 4. Prior to issuance of construction permits, a note shall be added to the face of the plat that required setbacks for structures or improvements on Lots 35 and 36 shall be measured from the edge of the recorded easement for the temporary cul-de-sac at the terminus of SW 345th Place until such time as the easement is extinguished. 5. Prior to issuance of construction permits, the applicant shall revise the plat to locate future permanent cul-de-sac bulb at the terminus of SW 346th Place at the intersection with 21st Avenue SW within a separate tract. The applicant shall label the future permanent cul-de-sac bulb tract as "Tract X." Tract X shall include the entire portion of the future permanent cul-de-sac bulb outside of the required fifty (50) foot SW 346th right-of-way that is required for the cul-de-sac to meet City street improvements standards. Tract X shall be dedicated to the City of Federal Way at such future time that SW 345t~ Place is extended to 21St Avenue City of Federal Way LUTC Report September 26, 2000 Preliminary Plat of Keller Page 2 SW, or at such future time that the City deems necessary for the construction of the permanent cul-de-sac and requests dedication. A note shall be added to the face of plat indicating the purpose, dedication requirement, and dedication timing of Tract X. 6. Prior to final plat approval, the applicant shall provide a financial guarantee in a form and substance acceptable to the City to guarantee the following: a. Design and construction of the permanent cul-de-sac at the intersection of SW 346th Place and 21 st Avenue SW, including all improvements required for the cul-de-sac to meet City street improvements standards; b. Design and removal of the improvements within the to be closed intersection of SW 346th Place and 21 st Avenue SW; c. Design and construction of all frontage improvements on 21 st Avenue SW in the area of the to be closed intersection required to meet City street improvements standards; d. Restoration of any disturbed areas outside the permanent cul-de-sac, including Open Space Tract B and Lots 42, 43, and 44; e. Design and removal of the temporary cul-de-sac at the western terminus of SW 345m Place at the property line of tax lot 242103 9085; f. Design and construction of all frontage improvements required to meet City street improvements standards for the frontages of Lots 35 and 36 on SW 345th Place; g. Restoration of any disturbed areas on Lots 35 and 36 resulting from the removal of the temporary cul-de-sac and the construction of required frontage improvements; and, h. Design and construction of half-street improvements for the extension of SW 345th Place to the shared property line with tax lot 242103 9085. The form and substance of the financial guarantee shall be based on implementation of the above projects in ten (10) years, and current cost estimates for the above projects shall be inflated by a factor of three and one-half percent (3.5%), compounded annually for the ten year period. 7. Prior to issuance of construction permits, the applicant shall revise the plat to correctly label SW 346th Street to the west of 21st Avenue SW, which is currently incorrectly labeled as "SW 345th Street." Street names shall be added for 16th Avenue SW. 8. Prior to issuance of construction permits, the applicant shall submit design and construction plans for a speed hump on SW 345th Place, for the review and approval of the Public Works Director. The speed hump shall be designed and City of Federal Way LUTC Report September 26, 2000 Preliminary Plat of Keller Page 3 located to discourage potential cut-through traffic into adjoining neighborhoods. 9. Prior to issuance of construction permits, the applicant shall submit design and construction plans for a raised pedestrian crosswalk at the regional BPA trail crossing on SW 344th Place, for the review and approval of the Public Works Director. 10. Prior to issuance of construction permits, the applicant shall submit design and construction plans for street lighting at the intersection of SW 345th Place with 15th Place Southwest in the vicinity of the Park Lane Neighborhood, for the review and approval of the Public Works Director. The street lighting shall be designed and located to enhance overall pedestrian and vehicular safety by increasing visibility. 11. Prior to issuance of construction permits, the applicant shall submit design and construction plans for raised pavement markers along the roadway centerline in the vicinity of SW 346th Place and 16th Avenue SW, for the review and approval of the Public Works Director. The raised pavement markers shall be located in areas where there is the potential for vehicular traffic to "drift" across the centerline while traversing curves in the roadway. 12. The fmal plat drawing must establish the required open space areas and arterial street landscape buffers along the 21st Avenue SW frontage in separate tracts to be owned in common and maintained by property owners of the residential subdivision, and prohibiting removal or disturbance of landscaping within the tracts, except as necessary for maintenance or replacement of existing plantings and as approved by the City. The open space and arterial street landscape buffers along the 21 st Avenue SW frontage shall be maintained in a condition consistent with the approved landscape plan pursuant to Recommended Condition No. 1, above. 13. Stormwater conveyance, water quality and infiltration facilities used to control stormwater runoff from the site shall be located in a stormwater tract dedicated to the City at the time of final plat approval, unless located within improved public rights-of-way. 14. All streets shall have a minimum pavement section of three (3) inches Class B asphalt over six (6) inches of crushed surfacing to support the traffic loads. 15. Clearing for the construction of the plat improvements, including roads, stormwater improvements, and utilities, shall be generally consistent with the clearing limits depicted on the Preliminary Grading and Utility Plan that was prepared by the applicant for the preliminary plat process. The clearing limits City of Federal Way LUTC Report September 26, 2000 Preliminary Plat of Keller Page 4 referenced above are the approximate clearing limits necessary for road, stormwater improvements, and utility grading, and may be modified with the , approval of the Community Development and Public Works Departments during final engineering review as required to reflect changes in road, stormwater improvements, and utility designs, if any. The remaining cleating beyond these limits necessary for development of the residential lots shall not be performed until such time as approved permits are issued for development of the residential lots. 16. Prior to final plat approval, all required improvements must be completed or the improvements appropriately bonded, per City code requirements. Design and construction of plat improvements shall conform to Federal Way City Code, the 1990 King County Surface Water Design Manual, the Hylebos Creek and Lower Puget Sound Basin Plan, and all other applicable codes and regulations. 17. The applicant and the City shall include the Rosella Lane neighborhood in mitigating measure No. 3 of the Mitigated Determination of Nonsignificance issued on April 15, 2000. The applicant shall design and construct all necessary traffic calming devices to mitigate neighborhood traffic impacts within Rosella Lane in coordination with Rosella Lane residents and with City requirements. These devices may include speed humps, traffic circles, chicanes, curb extensions, signs, pavement markings, or other devices proposed by the applicant and/or neighborhood residents, but finally approved by the Public Works Director. Before issuance of final plat approval, the applicant shall construct the traffic calming devices consistent with the approved plans. IV. PROCEDURAL SUMMARY December 1, 1998: Application determined complete. April 15, 2000: Environmental determination issued. August 11, 2000: Notice of Public Hearing issued. August 29, 2000: Heating Examiner public hearing. September 12, 2000: Hearing Examiner's report and recommendation issued (Exhibit A).~ ~ Note: No challenge to the Hearing Examiner's recommendation has been submitted as of the date of this memorandum. City of Federal Way LUTC Report September 26, 2000 Preliminary Plat of Keller Page 5 (Pursuant to FWCC Section 22-126, the Hearing Examiner issues a recommendation to the City Council.) October 2, 2000: City Council Land Use and Transportation Committee (LUTC) meeting. (The LUTC forwards a recommendation to the full Council for a decision at a public meeting.) October 17, 2000: City Council public meeting. (Pursuant to FWCC Section 22-127, the City Council shall consider the application at a scheduled meeting following receipt of the report and recommendation by the Heating Examiner. V. COUNCIL ACTION By action approved by a majority of the total City Council, and pursuant to FWCC Sec. 20-127, the City Council may, after considering the record of the heating before the Hearing Examiner, oral comments received at the City Council public meeting (so long as those comments do not raise new issues or information not contained in the examiner's record), and the Hearing Examiner's written report, adopt, modify, or deny the application, based on the following decisional criteria, established at FWCC Sec. 20- 126(c): (1) It is consistent with the Federal Way Comprehensive Plan; (2) It is consistent with all applicable provisions of the Federal Way City Code (FWCC) Subdivision Chapter, including those adopted by reference from the comprehensive plan; (3) It is consistent with the public health, safety, and welfare; (4) It is consistent with design criteria listed in FWCC Sec. 20-2; and, (5) It is consistent with the development standards listed in FWCC Sec. 20-151 through 20-157, and 20-178 through 20-187. Findings for determining that the application is consistent with these decisional criteria are set forth in Section III, pages 2-6, of the Heating Examiner's report and recommendation. A draft resolution recommending approval of the proposed application as recommended by the Heating Examiner is attached for your consideration. Subject to a city of Federal Way LUTC Report September 26, 2000 Preliminary Plat of Keller Page 6 recommendation by the Land Use and Transportation Committee, this resolution will be included in the October 17, 2000, City Council agenda packet. List of Exhibits Exhibit A: Heating Examiner Report and Recommendation, dated September 12, 2000 Exhibit B: Staff Report to Hearing Examiner, dated August 17, 2000 Exhibit C: Draft Resolution Recommending Approval of the Keller Preliminary Plat Application City of Federal Way LUTC Report September 26, 2000 Preliminary Plat of Keller Page 7 CiTY O F ~~~~,  '~~~ (253) 661-4000 33530 1ST WAY SOUTH RECEIVED BY FEDERAL WAY, WA 98003-6210 ~(t~,,~I INrTY DEVELOPMENT ~EPA,~T~EN'r SEP 1 5 ZOOO September 12, 2000 Dick Schroeder Happy Valley Land Company P.O. Box 1324 Issaquah, WA 98027 RE: PRELIMINARY PLAT OF KELLER, FWHE#00-22 SUB98-0008 (98-103945-00-SU) Dear Applicant: Enclosed please find the Report and Decision relating to the above-entitled case. Very truly yours, STEPHEN K. CAUSSEAUX, JR. HEARING EXAMINER SKC/ca cc: All parties of record City of Federal Way CITY OF FEDERAL WAY /LI L~/ $£p 7 ,, ~ I/IllI OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: ) ) FWHE# 00-22 PRELIMINARY PLAT OF KELLER ) SUB98-0008 (98-103945-00-SU) ) ) PROCESS IV ) ) I. SUMMARY OF APPLICATION The applicant is requesting preliminary plat approval for a 44 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. II. PROCEDURAL INFORMATION Hearing Date: August 29, 2000 Decision Date: September 12, 2000 At the hearing the following presented testimony and evidence: 1. Tim McHarg, City Consultant, Madrona Planning and Development Services 2. Stuart Scheuerman, ESM Consulting Engineers, 720 South 348th St., Federal Way, WA 98003 3. Don Bowditch, 2019 SW 347th Place, Federal Way, WA 98023 4. Chris Kraft, 2022 SW 347th Place, Federal Way, WA 98023 5. Barbara Collins, 34707 18t~ Ave. SW, Federal Way, WA 98023 6. Terry Gibson, Traffic Engineer for Applicant, Gibson Traffic Consultants, P.O. Box 330, Olalla, WA 98359 7. Richard Perez, City Traffic Engineer At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. Staff Report with all attachments 2. Letter from Tomich 3. Petition from Don Bowditch III. FINDINGS 1. The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. 2. The Community Development Staff Report sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit "1" and incorporated in its entirety by this reference. 3. All appropriate notices were delivered in accordance with the requirements of the ~ Federal Way City Code (FWCC). 4. The applicant has a possessory ownership interest in a rectangular, 14.03 acre parcel of property abutting the east side of 21st Ave. SW approximately half way between its intersections with SW 336t~ St. and S. 356~ St. within the City of Federal Way. The north property line abuts the proposed preliminary plat of Belle Meadow, the east property line abuts the Parklane Estates subdivision, and the south property line abuts the Rosella Lane subdivision. The applicant requests preliminary plat approval to allow subdivision of the site into 44 single family residential lots with a minimum lot size of 7,200 square feet, a maximum lot size of 9,741 square feet, and an average lot size of 8,124 square feet. 5. Development of the parcel as proposed complies with the Federal Way Comprehensive Plan which designates the site and abutting parcels as Single Family - High Density. The proposed development also complies with the Single Family Residential (RS-7.2) zone clasSification which authorizes single family residential homes on minimum 7,200 square foot lot sizes. Abutting properties in all directions are also located within the RS-7.2 zone classification, and parcels to the north, south, and east are presently or will be improved with single family residential homes. 6. The City deemed the preliminary plat application complete on December 1, 1998. The initial application proposed a 47 lot subdivision, but on June 9, 2000, the 2 applicant modified the proposal to the present 44 lot subdivision with two open space tracts and a storm water tract. 7. The plat map shows that the south 130 feet of the site are encumbered by Bonneville Power Administration and Puget Sound Energy easementS. The applicant will improve the south 75 feet of the parcel subject to the easements with an eight foot wide, asphalt, pedestrian/bike path extending from the 21st Ave. right- of-way to the east property line. The map also shows Tract B, located north of the trail area and adjacent to 21st Ave. SW, improved with a community park including a play equipment area, a picnic table, and bench. A 26,882 square foot detention pond designated as Tract A and located in the northcentral portion of the site will be dedicated to the City which will assume responsibility for its maintenance. Access to 21st Ave. will initially be provided by SW 346th Place which will extend west to east through the center of the plat and will turn .north to connect with SW 345"~ Place approximately 115 feet west of the east property line. The applicant will construct half street improvements on SW 345th Place located along the north property line. This road will eventually provide a permanent connection to 21st Ave. SW at a four legged intersection with the existing SW 345th St. The applicant will extend 18t~ Ave. SW south from Belle Meadow to SW 346th Place, and will also extend 18~ Ave. SW north from its present terminus at the north property line of the Rosella Lane subdivision to SW 346t~ Place. The road system will allow residents to exit the plat in four different directions. 8. The applicant must construct all storm drainage improvements in compliance with ' the requirements of the 1990 King County Surface Water Design Manual and applicable recommendations of the Executive Proposed Basin Plan for Hylebos Creek and Lower Puget Sound. These standards include surface water detention, biofiltration, and oil/water separation. The applicant proposes to collect storm water runoff from impervious surfaces and landscaped areas and convey said water through a pipe system to a biofiltration swale and oil/water separator. The water will infiltrate into the ground in the Tract A detention pond. 9. Although the site has rolling topography, average slopes are less than 10% with the exception of an old, artificial, road cut which has a slope of approximately 50%. Vegetation includes domestic shrubs and grasses, fir, spruce, maple, cedar, madrona, and fruit trees. The applicant will retain all natural vegetation on site except in graded areas. 86 significant trees as defined by Section 20-179 of the Federal Way City Code (FWCC) are present on the site, and 61 will remain following construction. Small birds and animals likely inhabit the site, but none are threatened or endangered species. Significant tree replacement as well as the provision of buffer open space and the infiltration pond will help mitigate the impacts on wildlife habitat. No sensitive areas such as landslide hazardous areas, wetlands, streams, or a 100 year floodplain exist on the site. 3 10. As previously found, the applicant will make half street improvements on the south side of SW 345~ Place which will be extended west from its present terminus at the property line of Parklane Estates to a temporary cul-de-sac at the northeast corner of the site. At such time as the property to the west which abuts 21st Ave. SW develops, the temporary cul-de-sac will be eliminated and the road extended across said parcel to 21st Ave. SW to create a four-legged intersection with the present SW 345u' Place. As previously found, the applicant will also extend 18u~ Ave. SW from the north property line to SW 346~ Place, and from the south property line to SW 346th Place. SW 346th Place will also serve as a temporary access onto 21s~ Ave. SW, and at such time as SW $45th Place is extended, the applicant will close the SW 346~h Place access and install a permanent cul-de-sac. 11. The applicant will construct sidewalks on both sides of all streets within the subdivision, and the half street improvements on SW 345~' Place will include a five foot wide sidewalk. Internal plat sidewalks will connect to existing sidewalks on 21s~ Ave. SW., SW 345~ Place, and 18~ Ave. SW. 12. Public school students residing in the plat will attend Sherwood Forest Elementary, Illahee Junior High School, and Federal Way High School. Since the Sherwood Forest Elementary School is within a one mile radius, elementary school children residing in the plat will walk to school. The school district has approved an access route for students residing within the subdivision utilizing existing sidewalks. The school district will provide bus transportation to junior high and high school students. ' Existing sidewalks also provide safe walking conditions for students to school bus stops at SW 348t~ St. and 19t~ Ct. SW, and at SW 349t~ St. and 14th Ave. SW. The applicant must pay school impact fees effective at the time of building permit issuance to offset the impacts to the district of school children residing in the plat. 13. In accordance with Section 20-155(b) FWCC the applicant must provide open space in the amount of 15% of the gross land area of the subdivision which in this case equals 91,363 square feet. The applicant proposes 91,698 square feet of open space in two tracts and will improve such open space with a hardscape entry plaza/picnic area, play equipment area, eight foot wide pedestrian and bike trail, and landscaping. The City Parks, Recreation, and Cultural Services Department has approved the proposed open space area development plan. 14. The Lakehaven Utility District will provide both domestic water and fire flow to the site, and will also provide sanitary sewer service to each lot. 15. The Examiner's file contained copies of numerous letters from residents of Parklane Estates expressing concerns regarding increased traffic with the opening of SW 345t~ Place. The City and the applicant responded to such concerns by conducting a neighborhood meeting wherein the applicant agreed to install traffic calming devices to include speed humps both within the Keller subdivision and the Parklane Estates subdivision. The file contained no letters of concern from residents of Rosella Lane subdivision to the south. However, Rosella Lane residents appeared at the hearing and expressed similar concerns to those expressed in writing by Parklane Estates residents. Concerns include increased traffic and crime caused by replacing the present cul-de-sac with a "through" street which will allow traffic to enter and exit the subdivision at different locations. Residents of Rosella Lane unanimously oppose opening 18t~ Ave. SW. as they can find no good reason to open the street. They also assert that opening it will jeopardize the safety of their children, diminish property values, and make self-policing their neighborhood more difficult. Residents also expressed concern that the new roads Will provide .an alternative route to the Fred Meyer shopping area to the north. 16. The City and the applicant responded by stating that they performed a comprehensive traffic study for the area to include a travel time survey. They evaluated Rosella Lane and the effect of opening the 18th St. stub, and both the City's and the applicant's traffic engineers support the opening. Both traffic engineers assert that Rosella Lane roads will experience very little traffic from either the Keller or Belle Meadow subdivisions, but that Rosella Lane homeowners will likely use Keller, Belle Meadow, and Parklane Estates roads. The left turn lane on 21st at the intersection of SW 346t~ Place will provide a safer access for Rosella Lane residents, who will also have access to the new traffic light at the intersection of SW 344"~ and 21st Ave. SW. Connecting 18th Ave. SW is also consistent with the comprehensive plan which states that the City does not have sufficient through streets, and that the lack thereof is one cause for congestion at major intersections. With more local street connections, arterial intersections will not be as congested. Furthermore, if Rosella Lane were developed today it could not use one access for 25 homes, and would have to provide at least a second emergency vehicle access. The City and the applicant also offered to install traffic calming devices on 18~ Ave. SW and a condition of approval has been added requiring such. The Examiner agrees with the engineers that providing additional through streets within residential areas will not significantly increase traffic flows, and that' residential roads have sufficient capacity to safely accomodate the increased traffic. A street grid system provides better traffic circulation as well as alternative emergency vehicle access routes which improves the overall health, safety, and welfare. 17. Prior to obtaining preliminary plat approval the applicant must establish that the request satisfies the criteria set forth in Section 20-126(c) FWCC. Findings on each criteria are hereby made as follows: A. As previously found, the proposed preliminary plat complies with the Single Family - High Density designation of the Federal Way Comprehensive Plan. 5 B. The project is consistent with all applicable provisions of the FWCC including those adopted by reference from the comprehensive plan. The FWCC and conditions of approval require compliance with the Environmental Policy, Subdivisions, and Zoning Chapters of the FWCC. C. The proposed preliminary plat is consistent with the public health, safety, and welfare. D. The plat complies with the design criteria set fodh in Section 20-2 FWCC. E. The plat complies with all deVelopment standards set forth in Sections 20- 151 through 20-157, and Section 20-158 through 20-187 FWCC. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. The Hearing Examiner has jurisdiction to consider and make recommendations regarding the issues presented by this request. 2. The proposed preliminary plat of Keller complies with the Single Family - High Density designation of the Federal Way Comprehensive Plan and satisfies all technical criteria of the RS-7.2 zone classification of the FWCC. 3. The proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary waste, parks, playgrounds, schools, and school grounds, fire protection, and safe walking conditions. 4. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision convenient to schools, recreational opportunities, and shopping areas, and therefore should be approved subject to the following conditions: 1. Prior to issuance of construction permits, a landscape plan prepared by a licensed landscape architect, shall be submitted to the City for approval, and shall include the following elements: a. Required ten foot Type III arterial street landscape buffers along the 21st Avenue SW frontage; b. Open space area landscaping; 6 c. Street trees in planter strip inside plat boundaries along the 21,t Avenue SW frontage; d. Significant tree replacement plan; and e. Visual screening of the stormwater infiltration tract from the right-of- way with landscaping and/or fencing. 2. Prior to final plat approval, the existing structures on Lots 42, 43, and 44, must be removed or relocated to conform to building setbacks requirement as established by the FWCC, or lot lines must be adjusted accordingly. 3. Prior to issuance of construction permits, the applicant shall submit as easement for the temporary cul-de-sac at the western terminus of SW 345"~ Place located on Lots 36 and 36 for the review and approval of the Public Works Director. The approved easement shall be noted on the face of the plat and recorded by the applicant. The easement shall include provisions for extinguishment of the easement when SW 345th Place is extended. 4. Prior to issuance of construction permits, a note shall be added to the face of the plat the required setbacks for structures or improvements on Lots 35 and 36 shall be measured from the edge of the recorded easement for the temporary cul-de-sac at the terminus of SW 345t~ Place until such time as the ' easement is extinguished. Prior to issuance of construction permits, the applicant shall revise the plat to locate future permanent cul-de-sac bulb at the terminus of SW 346t~ Place at the intersection with 21st Avenue SW within a separate tract. The applicant shall label the future permanent cul-de-sac bulb tract as "Tract X." Tract X shall include the entire portion of the future permanent cul-de-sac bulb outside of the required 50-foot SW 346t~ right-of-way that is required for the cul-de-sac to meet City street improvements standards. Tract X shall be dedicated to the City of Federal Way at such future time that SW 345"' Place is extended to 21st Avenue SW, or at such future time that the City deems necessary for the construction of the permanent cul-de-sac and requests dedication. A note shall be added to the face of plat indicating the purpose, dedication requirement, and dedication timing of Tract X. 6. Prior to final plat approval, the applicant shall provide a financial guarantee in a form and substance acceptable to the City to guarantee the following: a. Design and construction of the permanent cul-de-sac at the intersection of SW 346"' Place and 21st Avenue SW, including all improvements required for the cul-de-sac to meet City street improvements standards; b. Design and removal of the improvements within the to be closed intersection of SW 346"~ Place and 21st Avenue SW; c. Design and construction of all frontage improvements on 21st Avenue SW in the area of the to be closed intersection required to meet City street improvements standards; d. Restoration of any disturbed areas outside the permanent cul-de-sac, including Open Space Tract B and Lots 42, 43, and 44; e. Design and removal of the temporary cul-de-sac at the western terminus of SW 345"~ Place at the property line of tax lot 242103 9085; f. Design and construction of all frontage improvements required to meet City street improvements standards for the frontages of Lots 35 and 36 on SW 345"~ Place; g. Restoration of any disturbed areas on Lots 35 and 36 resulting from the removal of the temporary cul-de-sac and the construction of ' required frontage improvements; and, h. Design and construction of half-street improvements for the extension of SW 345th Place to the shared property line with tax lot 242103 9085. The form and substance of the financial guarantee shall be based on implementation of the above projects in ten years, and current cost estimates for the above projects shall be inflated by a factor of 3.5 percent, compounded annually for the ten year period. 7. Prior to issuance of construction permits, the applicant shall revise the plat to correctly label SW 346~ Street to the west of 21st Avenue SW, which is currently incorrectly labeled as "SW 345"~ Street." Street names shall be added for 16"' Avenue SW. 8. Pdor to issuance of construction permits, the applicant shall submit design and construction plans for a speed hump on SW 345"~ Place, for the review and approval of the Public Works Director. The speed hump shall be 8 designed and located to discourage potential cut-through traffic into adjoining neighborhoods. 9. Prior to issuance of construction permits, the applicant shall submit design and construction plans for a raised pedestrian crosswalk at the regional BPA trail crossing on SW 344th Place, for the review and approval of the Public Works Director. 10. Prior to issuance of construction permits, the applicant shall submit design and construction plans for street lighting at the intersection of SW 345~ Place with 15th Place SW in the vicinity of the Parklane Neighborhood, for the review and approval of the Public Works Director. The street lighting shall be designed and located to enhance overall pedestrian and vehicular safety by increasing visibility. 11. Prior to issuance of construction permit, the applicant shall submit design and construction plans for raised pavement markers along the roadway centerline in the vicinity of SW 346t" Place and 16~ Avenue SW, for the review and approval of the Public Works Director. The raised pavement markers shall be located in areas where there is the potential for vehicular traffic to "drift" across the centerline while traversing curves in the roadway. 12. The final plat drawing must establish the required open space areas and arterial street landscape buffers along the 21st Avenue SW frontage, in - separate tracts to be owned in common and maintained by property owners of the residential subdivision, and prohibiting removal or disturbance of landscaping within the tracts, except as necessary for maintenance or replacement of existing plantings and as approved by the City. The open space and arterial street landscape buffers along the 21st Avenue SW frontage shall be maintained in a condition consistent with the approved landscape plan pursuant to Recommended Condition No. 1. above. 13. Stormwater conveyance, water quality, and infiltration facilities used to control stormwater runoff from the site shall be located in a stormwater tract dedicated to the City at the time of final plat approval, unless located with improved public rights-of-way. 14. All streets shall have a minimum pavement section of three inches Class B over six inches of crushed surfacing to support the traffic loads. 15. Clearing for the construction of the plat improvements, including roads, stormwater improvements, and utilities, shall be generally consistent with the clearing limits depicted on the Preliminary Grading and Utility Plan that was prepared by the applicant for the preliminary plat process. The clearing limits referenced above are the approximate clearing limits necessary for road, stormwater improvements, and utility grading, and may be modified with the approval of the Community Development Services and Public Works Depadments during final engineering review as required to reflect changes in road, stormwater improvements, and utility designs, if any. The remaining clearing beyond these limits necessary for development of the residential lots shall not be performed until approved permits are issued for development of the residential lots. 16. Prior to final plat approval, all required improvements must be completed or the improvements appropriately bonded, per City code requirements. Design and construction of plat improvements shall conform to the FWC, 1990 KCSWDM, Hylebos Creek and Lower Puget Sound Basin Plan, and all other applicable codes and regulations. 17. The applicant and the City shall include the Rosella Lane neighborhood in mitigating measure no. 3 of the Mitigated Determination of Nonsignificance issued on April 15, 2000. The applicant shall design and construct all necessary traffic calming devices to mitigate neighborhood traffic impacts within Rosella Lane in coordination with Rosella Lane residents and with City requirements. These devices may include speed humps, traffic circles, chicanes, curb extensions, signs, pavement markings, or other devices proposed by the applicant and/or neighborhood residents, but finally ' approved by the Public Works Director. Before issuance of final plat approval, the applicant shall construct the traffic calming devices consistent with the approved plans. RECOMMENDATION: It is hereby recommended to the Federal Way City Council that the preliminary plat of Keller be approved subject to the conditions contained in the conclusions above. DATED THIS /,~AY OF September, 2000 S~'(=I~/I-IEN K.' CAUSS~A~IX, Hearing Examiner lo · TRANSMITTED THIS /~)''~' DAY OF September, 2000, to the following: APPLICANT: Dick Schroeder Happy Valley Land Company P.O. Box.1324 Issaquah, WA 98027 AGENT/ENGINEER: ESM Consulting Engineers Stuart L. Scheuerman 720 South 348th Street Federal Way, WA 98003 OWNER: Dick Schroeder Happy Valley Land Company P.O. Box 1324 Issaquah, WA 98027 Chris Kraft 2022 SW 347"~ Place Federal Way, WA 98023 Don Bowditch 2019 SW 347r" Place Federal Way, WA 98023 Terry Gibson P.O. Box 330 Olalla, WA 98359 Barbara Collins 34707 18"~ Ave. SW Federal Way, WA 98023 City of Federal Way cio Chris Green 33530 Ist Way S. Federal Way, WA 98003 PROCESS IV Rights to Appeal Decisions of the hearing Examiner may be appealed by any person who is to receive a copy of that decision under FWCC Section 22-443. The appeal, in thc form of a letter of appeal, nmst be delivered to the Department of Community Development Services within fourteen (14) calendar days after the issuance of the Hearing Examiner's decision. The letter of appeal must contain: 1. A statement identifying the decision being appealed, along with a copy of the decision; 2. A statement of the alleged errors in the Hearing Examiner's decision, including specific factual finds and conclusions of the Itearing Examiner disputed by the person filing the appeal; and 3. The appellant's name, address, telephone number and fax number, and any other information to facilitate communications xvith the appellant. The person filing the appeal shall include, with the letter of appeal, the fee established by the City of the costs of preparing a written transcript of the hearing (or in the alternative, the appellant may prepare the transcript at his or her sole costs froin tapes of the hearing provided by the City).The appeal will not be accepted unless it is accompanied by the required fee and cost (or agreement of the appellant to prepare the transcript). Appeals from the decision of the Hearing Examiner will be heard by The City Council. The decision of City Council is the final decision of the City. The action of the City in granting or denying an application under this article may be reviewed pursuant to RCW 36.70C in the King County Superior Court. The Land Use Petition must be filed within twenty-one (21) calendar days after the final land use decision of the City. CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT TO THE FEDERAL WAY HEARING EXAMINER PRELIMINARY PLAT OF KELLER FEDERAL WAY FILE NO. SUB98-0008 (98-103945-00-SU) PUBLIC HEARING 2:00 p.m., August 29, 2000 City Council Chambers Federal Way City Hall 33530 First Way South TABLE OF CONTENTS I. General Information ............................................................................................................. 2 II. Consulted Departments and Agencies ................................................................................. 3 III. State Environmental Policy Act ........................................................................................... 3 IV. Natural Environment ............................................................................................................ 4 V. Neighborhood Characteristics .............................................................................................. 6 VI. General Design ........................................... .......................................................................... 6 VII. Transportation ...................................................................................................................... 8 VIII. Public Services ................................................................................................................... 10 IX. Utilities ............................................................................................................................... 11 X. Analysis of Decisional Criteria .......................................................................................... 12 XI. Findings of Fact and Conclusion ....................................................................................... 14 XII. Recommendations .............................................................................................................. 15 XIII. List of Exhibits ................................................................................................................... 18 Report Prepared by: Tim McHarg, AICP, Contract Senior Planner August 17, 2000 CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT DEPARTMENT SERVICES STAFF REPORT FOR THE PUBLIC HEARING OF AUGUST 29, 2000 PRELIMINARY PLAT OF KELLER File No: SUB98-0008 (98-103945-00-SU) Applicant: Dick Schroeder Happy Valley Land Company PO Box 1324 Issaquah, WA 98027 Phone: 425.392.2742 Agent/Engineer: ESM Consulting Engineers Stuart L. Scheuerman 720 South 348th Street Federal Way, WA 98003 Phone: 253.838.6113 Owner: Dick Schroeder Happy Valley Land Company PO Box 1324 Issaquah, WA 98027 Action Requested: Preliminary plat approval of a 44-1ot 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: Tim McHarg, AICP, Contract Senior Planner Phone: 206.297.2106 Staff Recommendation: Preliminary Plat Approval with Conditions I. GENERAL INFORMATION A. Description of the Proposal The applicant proposes to subdivide approximately 14.03 acres into 44 single-family residential lots, each having a minimum area of 7,200 square feet (Exhi. bit A). The proposal includes construction of a road system, utilities, stormwater facilities, street frontage improvements, and other related infrastructure to serve the proposed residential lots. The existing single family residence and associated structures located on Lots 42, 43, and 44 of the proposed subdivision will be demolished. B. Location The subject property is located in the City of Federal Way, on the east side of the 34600 block of 21s' Avenue SW (Exhibit B). C. Legal Description See Exhibit C. D. Size of Property The subject site has a land area of 609,086 square feet (13.98 acres). E. Land Use and Zoning Site RS-7.2~ Single Family - High Density SFR2 (To be demolished) SFR, Proposed Belle Meadow North RS-7.2 Single Family - High Density Preliminary Plat, Vacant, WSDOT Park and Ride (under construction) South RS-7.2 Single Family - High Density SFR East RS-7.2 Single Family - High Density SFR West RS-7.2 Single Family - High Density SFR F. Background The application for the preliminary plat of Keller was submitted on October 17, 1997, as a 47-1ot subdivision, with two open space tracts and a stormwater facility tract. The application was determined complete on December 1, 1998. On June 9, 2000, the applicant modified the preliminary plat application to propose a 44-1ot subdivision with two open space tracts and a stormwater facility tract. ~ RS-7.2 = Single-family residential, 7,200 SF minimum lot size. 2 SFR = Single-family residential. Hearing Examiner Staff Report Page 2 Preliminary Plat of Keller SUB98-0008 (98-10394-00-SU) II. CONSULTED DEPARTMENTS AND AGENCIES The following departments, agencies, and individuals were advised of this application. A. Community Development Review Committee (CDRC), consisting ofth. e Federal Way Community Development Services Planning and Building Divisions; Public Works Engineering and Traffic Divisions; Parks Recreation and Cultural Resources Department; Federal Way Department of Public Safety (Police); Federal Way Fire Department; Lakehaven Utility District; 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 a notice of the application and a notice of the August 29, 2000, public hearing. The site and the City's official notice boards were posted, and notice was published in the newspaper. On December 14, 1998, a request for public record was submitted for the City file for the application. Two public comment letters were received regarding the notice of application (Exhibits D. 1-2). As of the date of this report, no comments were received in response to the notice of public hearing. 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 determination. In addition, the site and the City's official notice boards were posted and notice was published in the newspaper. No comments or appeals were received before the established deadline of May 15, 2000. No changes or corrections were made to the City's initial environmental determination. One comment letter was received on May 23, 2000, after the comment and appeal periods had ended and the environmental determination had become final (Exhibit E). III. STATE ENVIRONMENTAL POLICY ACT A. A Mitigated Environmental Determination of Nonsignificance (MDNS) was issued for the proposed action on April 15, 2000 (Exhibit F). This determination was based on review of information in the project file, including the environmental checklist, resulting in the conclusion that the proposal would not result in probable significant adverse impacts on the environment provided the following measures are complied with: 1. The applicant shall either: a. Construct the following impacted Transportation Improvement Plan (TIP) project as required by the Public Works Department, before building occupancy; or, b. Contribute the project's pro-rata share of the construction cost of the following TIP project before issuance of building permits: Hearing Examiner Staff Report Page 3 Preliminary Plat of Keller SUB98-0008 (98-10394-00-SU) :~T~0j~ctDescription Project Total PM Peak Pr°~Ra~ 1. S 356th St - 1~' Ave S to 17 trips 1562 trips 1.09% $7,205,000 $78,400 SR99: Widen to five lanes 2. 21stave SW/SW 35Th St: SW 356* St - 22nd Ave 33 trips 2279 trips 1.44% $750,000 $10,900 SW: Extend two lane connector TOTAL ] $89,300 2. The applicant shall design and construct a southbound left turn storage bay to provide the required channelization and storage for thc intersection of 21~t Avenue SW and SW 346* Place. Before civil plan approval, thc applicant shall submit calculations and design for the left turn storage bay for the review and approval of the Public Works Traffic Division. Channelization, striping, and construction notes addressing the new channelization plans shall include existing slripe removal and the te~inus/extent of construction as required by City standards. Such modifications shall be prepared and stamped by a licensed civil engineer registered in the State of W~hington. The applicant shall dedicate the righl-oeway required for construction of the southbound left turn storage bay. Before issuance of Final Plat Approval, the applicant shall construct the southbound let~ turn slora? bay consistent with the approved channelization plans. 3. The applicant shall design and construcl all necessa~ traffic calming devices to mitigate neighborhood traffic impacts in coordiuation with neighborhood groups and in compliance with City requiremenls. These devices may include speed humps, traffic circles, chicanes, curb extensions, signs, pavelnent markings, or any other device proposed by the applicant and/or neighborhood residents and approved by the Public Works Director. Before issnance of Preliminary Plat Approval, the applicant shall submit plans for the traffic cahning devices tbr the review and approval of the Public Works Traffic Division. The plaus shall be prepared and stamped by a licensed civil engineer registered in lhe Stale of Washington. Before issuance of Final Plat Approval, the applicant shall construct the traffic calming devices consistent with the approved plans. B. No comments or appeals were received before lhe established deadline of May 15, 2000. No changes or cogections were made lo the City's initial environmental dete~ination. IV. NATURAL ENVIRONMENT A. Storm Water Runoff The applicant will be required to provide storm drainage improvements to comply with all applicable Core and Special Requirements outlined in the 1990 King County Surface Water Design Manual (KCSWDM), as well as applicable recommendations of the Executive Proposed Basin Plan for Hylebos Creek and Lower Puget Sound, including surface water detention, biofiitration, and oil/water separation. A Preliminary Technical Information Report, prepared by ESM Consulting Engineers, revised November 1999 (Exhibit G), was Hearing Examiner Staff Report Page 4 Preliminary Plat of Keller SUB98-0008 (98-10394-00-SU) submitted to the Department of Community Development Services and reviewed by the Public Works Department. The preliminary plat is designed to collect stormwater run-off from the buildings, streets, and landscaped areas'; to convey the stormwater through a pipe system; to release the stormwater to a water quality biofiltration swale and oil-water separator; and to infiltrate the stormwater via an engineered pond. See Section IX.c. of this report for a detailed description of proposed storm drainage facilities. B. Soils The 1973 USDA Soil Conservation Service (SCS) soil survey for King County classifies site soils as Alderwood Gravelly Sandy Loam. The Alderwood Series is characterized as moderately well drained soils, capable of adequate compaction, runoff is slow, and erosion hazard is slight. Alderwood soils are not included on the list of hydric soils prepared by the National Technical Committee on Hydric Soils. C. Topography The subject property is rolling, with an average slope of less than ten percent. A small area of approximately 1,500 square feet is sloped at approximately 50 percent from an old man- made road cut. D. Vegetation On site vegetation consists primarily of domestic shrubs and grasses; fir, spruce, maple, cedar, Madrona, and fruit trees; blackberry; and other native species. All natural vegetation shall be retained on the site, except that which will be removed for improvements or grading as approved in the preliminary plat (FWCC Section 20-179) and significant trees shall be retained or replaced pursuant to FWCC Chapter 22, "Zoning." The applicant has identified 86 significant trees on site, 25 of which will be removed to construct the required infrastructure and utilities improvements. Before issuance of construction permits, an approved landscape plan is required pursuant to Recommended Condition No. 1 of preliminary plat approval. E. Wildlife Small birds and animals (squirrels, field mice, etc.) are likely to inhabit the site. No threatened or endangered species are known or suspected to inhabit the site. Replacement of significant trees, as well as incorporation of street trees, buffer open space, and infiltration pond landscaping into the subdivision design, as proposed and as required, will help mitigate the introduction of human activities on wildlife habitat. F. Sensitive Areas King County and City of Federal Way Sensitive Areas Maps do not reveal the site to be in a problem area relative to landslides, seismic hazards, erosion, wetlands, streams, or 100-year floodplains. B-twelve Associates performed a site reconnaissance for the site and the adjacent proposed Belle Meadow Preliminary Plat to the north of the site. The conclusion of this reconnaissance was that there are no regulated wetlands or streams on the site (Exhibit H). The City confirmed the reconnaissance and accepted this conclusion. Hearing Examiner Staff Report Page 5 Preliminary Plat of Keller SUB98-0008 (98- 10394-00-S?) V. NEIGHBORHOOD CHARACTERISTICS The property is situated in the southwest portion of the City, in a single-family residential area. All adjacent properties are either vacant or developed with single-family residences on lots with 7,200 square feet or more per dwelling unit. The site is currently developed with an existing single-family residence and associated outbuildings located in the westerly portion of the site on Lots 42, 43, and 44 of the proposed subdivision. These existing structures are proposed to be demolished. Before final plat approval these structures must be removed or relocated to conform to required building setbacks, or lot lines must be adjusted accordingly. This requirement is addressed as Recommended Condition No. 2 of preliminary plat approval. VI. GENERAL DESIGN A. Subdivision Access and Roadway System Vehicular access to the proposed subdivision will be provided as follows: 1. A half street extension of SW 345t~ Place to and through the site from the current terminus at the boundary of the adjacent Parklane Estates, Division Two plat will be developed along the northerly property line of the site. The SW 345th Place half street extension will terminate in a temporary cul-de-sac at the northwest corner of the site on Lots 35 and 36. The temporary cul-de-sac will terminate at the property line of adjacent tax lot 242103 9085, since the subject property does not have frontage on 21st Avenue SW at this location. When this tax lot redevelops, SW 345t~ Place will be extended through to 21st Avenue SW. The temporary cul-de-sac on SW 345~h Place will be an easement on Lots 35 and 36, not a public right-of-way. When others extend SW 345th Place to 21 st Avenue SW, the easement will be extinguished. The applicant will be required to provide a financial guarantee for the cost of removing the temporary cul-de-sac on SW 345~ Place, installing frontage improvements on Lots 35 and 36, restoring disturbed areas on Lots 35 and 36, and installing half-street improvements for the extension of SW 345th Place to the shared property line with tax lot 242103 9085. The requirements for the temporary cul-de-sac and the financial guarantee for its removal are addressed as Recommended Conditions Nos. 3, 4, and 6 of preliminary plat approval. 2. A full-street extension of 18th Avenue SW to and through the site from the adjacent Rosella Lane plat will be developed. 18~ Avenue SW will be extended through the site to SW 345th Place. 3. A full street extension of SW 346th Place from 21st Avenue SW to and through the site will be developed. SW 346th Place will turn north in the eastern portion of the site and extend to SW 345th Place. This access to the site from 21s~ Avenue SW at SW 346th Place is a temporary access. When SW 345th Place is extended to 21st Avenue SW as discussed above, the SW 346th Place connection to 21st Avenue SW will be closed and a permanent cul-de-sac will be developed at the former intersection. The future permanent cul-de-sac bulb at the terminus of SW 346~ Place at the intersection with 21*~ Avenue SW will be required to be located within a separate tract. The tract will be dedicated to the City of Federal Way at such future time that SW 345th Place is Hearing Examiner Staff Report Page 6 Preliminary Plat of Keller SUB98-0008 (98-10394-00-SU) extended to 21st Avenue SW, or at such future time that the City deems necessary for the construction of the permanent cul-de-sac and requests dedication. The applicant will he required to provide a financial guarantee for the cost of construction of the permanent cul-de-sac at the intersection of SW 346~ Place and 21 st Avenue SW, removal of the improvements within the to be closed intersection, construction of frontage improvements on 21st Avenue SW in the area of the to be closed intersection, and restoration of any disturbed areas. The requirements related to the permanent cul- de-sac are addressed as Recommended Conditions Nos. 5 and 6. The configuration of the temporary access from SW 346~ Place and the temporary cul- de-sac on SW 345th Place has been designed in order to allow for future establishment of a regular street grid system in this area of the City. Currently, SW 346~h Street terminates on the western side of 21 st Avenue SW. (Please note that the current terminus of SW 346'h Street on the western side of 21~' Avenue SW is incorrectly labeled on the preliminary plat drawing as SW 345'n Street. The applicant shall be required to correct this labeling as Recommended Condition No. 7.) However, SW 346~ Street cannot be extended to the east of 21st Avenue SW as a component of this subdivision proposal because the site does not include frontage on 21st Avenue SW at the point where extension could occur at a regular intersection. The location that would allow the extension of SW 346~ Street to the east of 21st Avenue SW via a regular intersection is occupied by tax lot 242103 9085, which is under separate ownership than the Keller subdivision site. Therefore, at such time as tax lot 242103 9085 redevelops, SW 345th Place will be extended to 21~t Avenue SW. The extension will be designed to align SW 345th Place with SW 346th Street in a regular intersection at 21st Avenue SW. The location and design of SW 345~ Place within the proposed subdivision, including the temporary cul-de-sac on, is intended to facilitate this future extension. When SW 345th Place is extended to align with SW 346~ Street in a regular intersection at 21st Avenue SW, the temporary access to the site from 21st Avenue SW at SW 346th Place will be closed. A permanent cul-de-sac will be developed at the location of the temporary access in order to ensure adequate spacing between intersections to minimize potential traffic conflicts. The public streets serving the proposed subdivision will be improved to full-street and half-street standards, as approved by the City. The street improvements will include two traffic calming speed humps and raised pavement markers designed to mitigate potential traffic impacts. The City's Public Works Department and the Federal Way Fire Department have approved the subdivision access and roadway system. See Section VII.a. of this report for a detailed description of proposed street improvements. B. Pedestrian System Sidewalks will be provided along all lot frontages within the proposed subdivision except along the temporary cul-de-sac located in Lots 35 and 36. Specifically, full street improvements include five-foot wide sidewalks on both sides of all streets proposed within the subdivision. Half street improvements will include a five-foot wide sidewalk on the developed side of the street on the site. Hearing Examiner Staff Report Page 7 Preliminary Plat of Keller SUB98-0008 (98- 10394-00-SU) Currently, sidewalks are located on both sides of SW 345* Place, 21st Avenue SW, and 18* Avenue SW. The sidewalks within the proposed subdivision will connect to these existing pedestrian facilities. C. Landscape Buffers and Open Space In accordance with FWCC Chapter 20, "Subdivisions," landscaped buffers are specified only when the plat is adjacent to an incompatible zoning district or adjacent to an arterial street. The proposed subdivision is bordered on the north, east, and south, sides by single- family residential zoning; therefore, no landscape buffers are required along these property lines. Since 21st Avenue SW to the west of the site is an arterial street, a ten-foot Type III landscape buffer is required along the site frontage pursuant to FWCC Section 20-178(a). Recommended Condition No. 12 addresses provision of the required ten-foot Type III landscape buffer along the 21 st Avenue SW frontage in separate tracts. Additional landscaping will be provided by street trees and screening of the infiltration pond, which will contribute to visual buffering. Street tree requirements are described in VII.a; open space requirements are described in VIII.b., and detention tract screening in IX.c.; below. An easement granted to Puget Sound Energy (PSE) for ingress, egress, and utility transmission is located along the southern 30 feet of the site. An easement granted to the Bonneville Power Administration (BPA) for electrical transmission line right-of-way is located along the 100 feet to the north of the PSE easement. These agencies have been notified of the proposed subdivision pursuant to FWCC requirements for affected agencies. The applicant is responsible for obtaining all required approvals from these agencies for any proposed development within their respective easement areas. VII. TRANSPORTATION A. Street Improvements In accordance with the FWCC, all street improvements must be dedicated to the City as public right-of-way and improved to applicable street standards. Specifically, full street improvements are required for 18* Avenue SW and SW 346th Place, which will include 28 feet of pavement, vertical curb, gutters, streetlights, four-foot landscape strips with street trees, and five-foot sidewalks, within a 50-foot right-of-way width. Half street improvements are required for SW 345* Place, which will include 20 feet of pavement, vertical curb, gutters, streetlights, a four-foot landscape strip with street trees, and a five-foot sidewalk on the southern developed side of the street, within a 30-foot right- of-way width. Sidewalks will not be provided along the temporary cul-de-sac of SW 345* Place located in Lots 35 and 36. Upon removal of the temporary cul-de-sac, sidewalks will be required to be installed along the SW 3454 Place frontages of Lots 35 and 36. Requirements related to the temporary cul-de-sac of SW 345* Place are addressed as Recommended Conditions Nos. 3, 4, and 6 of preliminary plat approval. The applicant will construct a southbound left turn lane on 21st Avenue SW at the intersection with SW 346* Place. Additionally, the frontage of the site on 21st Avenue SW will be improved to city standards, including 29 feet of pavement, vertical curb, gutter, a Hearing Examiner Staff Report Page 8 Preliminary Plat of Keller SUB98-0008 (98-10394-00-SU) six-foot landscape strip with street trees, streetlights, an eight-foot sidewalk, and a three- foot utility strip. Sixteen feet of frontage will be dedicated along 21 st Avenue SW to accommodate the southbound left turn lane and the frontage improvements. The applicant sponsored a neighborhood meeting with surrounding property owners on March 29, 2000, regarding traffic safety and potential cut-through traffic impacts resulting from the proposed residential subdivision. The meeting also addressed the traffic impacts of the proposed Belle Meadow residential subdivision to the north of the site. A representative from the City's Public Works Traffic Division attended the neighborhood_meeting. Based on the meeting, the applicant has designed and will construct traffic calming devices to mitigate neighborhood traffic impacts in compliance with current City practices. The Public Works Department and Federal Way Fire Department have approved roadway improvements, curve radii, cul-de-sac configuration, and traffic calming measures as proposed. Striping, signage, and street lighting plans shall be submitted for review and approval of the City before issuance of construction permits. B. Adequacy of Arterial Roads This proposal has been reviewed under the State Environmental Policy Act (SEPA). Based on the FWCC and the Mitigated Environmental Determination ofNonsignificance (MDNS) issued for the proposed action on April 15, 2000, the additional traffic to be generated by this development requires off-site roadway improvements for vehicles and pro rata share contributions for projects identified in the City's Transportation Improvement Plan (TIP) impacted by the proposed subdivision. To mitigate traffic impacts, the project includes design, right-of-way dedication, and construction of a southbound left-turn lane on 21 ~t Avenue SW at SW 346a~ Place. Additionally, the applicant shall be required either to: a. Construct the following impacted Transportation Improvement Plan (TIP) project as required by the Public Works Department, before building occupancy; or, b. Contribute the project's pro-rata share of the construction cost of the following TIP project before issuance of building permits: 1. S 356* St- 1't Ave S to 17 trips 1562 trips 1.09% $7,205,000 $78,400 SR99: Widen to five lanes 2. 21~t Ave SW/SW 357* St: SW 356~ St-22nd Ave 33 trips 2279 trips 1.44% $750,000 $10,900 SW: Extend two lane connector TOTAL $89,300 Hearing Examiner Staff Report Page 9 Preliminary Plat of Keller SUB98-0008 (98-10394-00-SU) Additionally, thc applicant will construct a southbound left turn lane on 21st Avenue SW at the intersection with SW 346~h Place to mitigate impacts to this arterial. The frontage of the site on 21s~ Avenue SW, an arterial street, will be improved to city standards. The frontage improvements include 29 feet of pavement, vertical curb, gutter, a six-foot landscape strip with street trees, strcctlights, an eight-foot sidewalk, and a three-foot u_tility strip. Sixteen feet of frontage will be dedicated along 21st Avenue SW to accommodate the southbound left turn lane and the frontage improvements. _ As proposed and conctit toned, the subdivision will adequately mitigate impacts to arterial streets. VIII. PUBLIC SERVICES A. Schools As part of thc City's review of the proposal, the preliminary plat application was referred to the Federal Way School District for comments. Comments received included the following information. The proposed subdivision will be served by Sherwood Forest Elementary, Illahee Junior High, and Federal Way High Schools. Federal Wa3' School District has indicated that Sherwood Forest Elementary School students residing in this subdivision will walk to school because it is within a one-mile radius. An access route for these students to the school from the proposed subdivision utilizing existing sidewalks has been approved by the School District. Federal Wa), School District has indicated that bus transportation will be provided to Illahee Junior High School and Federal Way High School students residing in this subdivision. The bus stop for lllahee Junior High School is located at SW 348th Street at 19th Court SW. An access route for these students to this bus stop from the proposed subdivision utilizing existing sidewalks has been approved by the School District. The bus stop for Federal Way High School is located at SW 349th Street at 14th Avenue SW. An access route for these students to this bus stop from the proposed subdivision utilizing existing sidewalks has been approved by the School District. Routine adjustments to bus stop locations may be made based on student transportation needs and school bus routes. The street network of the proposed subdivision has been designed to allow a school bus route to loop through the neighborhood on 18th Avenue SW. School impact fees, as authorized by City ordinance and collected at the time of building permit issuance, are currently $2,882.00 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. Hearing Examiner Staff Report Page 10 Preliminary Plat of Keller SUB98-0008 (98- ! 0394-00-SLI) B. Open Space The nearest city park is Saghalie Park, to the north of the subject site. Other public parks in the vicinity include Saghalie Junior High School Park to the north of the site and Sherwood Forest Elementary School Park to the east of the site. To provide adequate recreational opportunities commensurate with new residential development, FWCC Chapter 20 requires dedication of land on site for open space, or a fee- in-lieu-of payment. Specifically, FWCC Section 20-155(b) requires all residential subdivisions to provide open space in the amount of 15 percent of the gross land area of the subdivision site, or pay a fee in-lieu-of payment for all or portions of the open space area required. Total open space required for this plat is 91,363 square feet (15 percent of the 609,086 square foot site). Pursuant to FWCC Section 20-155, the applicant proposes to provide the required open space on site. The applicant proposes to provide a total of 91,698 square feet of open space. The open space is located in two open space tracts: Tract B is 57,157 square feet and Tract C is 34,815 square feet. The two open space tracts are located within access, egress, and utility transmission easements on the subject property granted to the BPA and PSE. The applicant has proposed to develop the on-site open space with a hardscape entry plaza/ picnic area, a play equipment area, an eight-foot pedestrian and bike trail, and landscaping. The pedestrian and bike trail is designed to provide connection to the existing BPA Trail. The Parks, Recreational, and Cultural Services Department has approved the proposed open space area development plan as proposed. When SW 345th Place is extended to 21st Avenue SW, as discussed above in Section VI.A, a permanent cul-de-sac will be developed for SW 346th Place to terminate at 21st Avenue SW. The right-of-way required for the permanent cul-de-sac at this location that is indicated on the preliminary plat is not included in the area calculation for Open Space Tract B. Therefore, development of the permanent cul-de-sac ~vill not result in the proposed subdivision becoming nonconforming with open space requirements. C. Fire Protection The King County 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. The Federal Way Fire Department requires that a fire hydrant be located within 350 feet of each lot. The exact location of these hydrants mnst be approved by the Fire Department before construction approval is issued. IX. UTILITIES A. Sewage Disposal The applicant proposes to serve the proposed plat by a public sewer system managed by Lakehaven Utility District. A July 2, 1998, Certificate of Sewer Availability (Exhibit 1) indicates the District's capacity to serve the proposed development through a Developer Hearing Examiner Staff Report Page I ! Preliminary Plat of Keller SUB98-0008 (98-10394-00-SU) Extension Agreement (DEA) between the applicant and the District. An extension of the existing sanitary sewer main in 21st Avenue SW will serve the site. The applicant will need to renew the expired certificate and DEA before issuance of construction approval. 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 July 2, 1998, Certificate of Water Availability (Exhibit J) indicates the District's capacity to serve the proposed development through a Developer Extension Agreement (DEA). An extension of the water mains in 21s~ Avenue SW and 182 Avenue SW will serve the proposed subdivision. The applicant will need to renew the expired DEA and certificate before issuance of construction approval. C. Drainage Facilities The site is located in the West Branch Hylebos Creek Basin, in an area identified by the Executive Proposed Basin Plan: Hylebos Creek and Lower Puget Sound, as having downstream conveyance, flooding, erosion, and habitat problems associated with stormwater runoff. The applicant is proposing to provide mitigation as recommended in the Basin Plan, specifically, Basin Plan Recommendation BW-2 that calls for the use of a seven-day storm event in sizing on-site detention facilities. Development of the site will create additional runoff from new impervious area. As with ali paved, developed areas, the site will contribute some pollutants to ground and surface waters, as these will be washed off the site by stormwater into the drainage system. A Preliminary Technical Information Report, revised December 1999, including onsite basin comparisons, offsite analysis, and core and special requirements under the KCSWDM, was prepared by ESM Consulting Engineers. The City's Public Works Department reviewed and concurred with the conclusions of the report. Storm drainage facilities are to be designed in accordance with all applicable core and special requirements outlined in the KCSWDM, as well as applicable recommendations of the 1990 Executive Proposed Basin Plan for Hylebos Creek and Lower Puget Sound. A collection and conveyance system, biofiltration swale, oil-water separator, and an infiltration pond are proposed to provide runoff control for the site. The infiltration pond is proposed to be screened with landscaping. The approved storm drainage facilities must be constructed per FWCC requirements before final plat approval and recording of the subdivision. X. ANALYSIS OF HEARING EXAMINER PRELIMINARY PLAT 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 Staff Report Page ! 2 Preliminary Plat of Keller SUB98-0008 (98-10394-00-SU) 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 preliminary plat application is subject to the ado. pted FWCP, which designates the property as Single Family - High Density. The proposed land use, Single Family Residential, with 7,200 square foot minimum lot size (RS-7.2), is_consistent with density allowances and policies applicable to this land use as established in the FWCP. 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, and with conditions as recommended by staff, the preliminary plat will comply with all provisions of the chapter. 3. The project is consistent with the public health, safety, and welfare. Staff Comment: The proposed preliminary plat would permit development of the site consistent with the current Single Family High Density land use classification of the FWCP and Comprehensive Plan Designations map. Proposed access and fire hydrant locations shall meet all requirements of the Federal Way Fire Department. Future development of the plat in accordance with applicable codes and regulations will ensure protection of the public health, safety, and welfare. 4. It is consistent with the design criteria listed in section 20-2. Staff Comment: The proposed preliminary plat would promote the purposes identified in FWCC Section 20-2, and the standards and regulations therein, as identified in the staff report, including effective use of land; provision of water, sewage, drainage, and recreational areas; promotion of safe and convenient travel on streets; provision of proper ingress and egress; and, provision for the housing needs of the community. As proposed, and with conditions as recommended by staff, the preliminary plat application complies with all provisions of the chapter. 5. It is consistent with the development standards listed in Sections 20-151 through 157, and 20- 158 through 187. Staff Comment: Development of this site is required to comply with the provisions of FWCC Chapter 18, "Environmental Protection"; Chapter 20, "Subdivisions"; Chapter 22, "Zoning"; and all other applicable local and state development codes and regulations. As proposed, and with conditions as recommended by staff, the preliminary plat application complies with all applicable statutes, codes, and regulations. Hearing Examiner Staff Report Page 13 Preliminary Plat of Keller SUB98-0008 (98-10394-00-SU) XI. FINDINGS OF FACT AND CONCLUSIONS Based on an analysis of the proposed action, the environmental record, and related decisional criteria, the Department of Community Development Services finds that: 1. The proposed action is to subdivide a 13.98-acre parcel into 44 single-family lots. Adjacent land uses include single-family residential and vacant parcels. There are n_o identified environmentally sensitive areas on the site. 2. Zoning for the site and adjacent parcels is RS-7.2. The proposed residential subdivision and density is consistent with existing adjacent land uses and zoning. 3. A Mitigated Environmental Determination of Nonsignificance (MDNS) was issued for this proposed action on April 15, 2000. No comments or appeals were received before the established deadline of May 1 $, 2000. No changes or corrections were made to the City's initial environmental determination. The environmental determination is incorporated by reference as though set forth in full. 4. Water and sewer facilities are available from the Lakehaven Utility District and are adequate to serve the proposed development. The expired availability certificates must be renewed with Lakehaven Utility District. It is the applicant's responsibility to secure all necessary water and sewer services from the utility provider. 5. The site is located in the West Branch Hylebos Creek drainage basin. Surface water facilities will be designed in accordance with the KCSWDM, as well as applicable recommendations of the Executive Proposed Basin Plan for Hylebos Creek and Lower Puget Sound. 6. Public access will be provided by the extension of SW 3454 Place from the eastern property line to the western property line where it will terminate in a temporary cul-de-sac. The temporary cul-de-sac will be located within an easement and will not be public right-of- way. 184 Avenue SW will be extended from the southern property line to SW 3454 Place. SW 3464 Place will be extended from 21st Avenue SW to the eastern portion of the site, where it will turn north and terminate at SW 3454 Place. 7. Sidewalks will be provided along all lot frontages, except along the temporary cul-de-sac located in Lots 35 and 36. Sidewalks serving adjacent development are located on both sides of SW 3454 Place, 21st Avenue SW, and 184 Avenue SW. The sidewalks within the proposed residential subdivision will connect to these existing pedestrian facilities. The applicant has provided for safe pedestrian corridors from the subject site to public school facilities and bus stops. 8. 184 Avenue SW, SW 3454 Place, and SW 3464 Place are currently designated as local streets by the FWCP. 21 st Avenue is currently designated as an arterial street by the FWCP. Street improvements and right-of-way widths consistent with applicable City standards are required for all internal roadways and street frontages. Public right of way and the stormwater detention tracts will be dedicated to the City. Hearing Examiner Staff Report Page 14 Preliminary Plat of Keller SUB98-0008 (98-10394-00-SU) 9. A geotechnical report contains specific recommendations and conclusions for the proposed development, including site preparation and grading of the subject site. Supplemental geotechnical analysis and recommendations may be required by the Public Works Director or Building Official, as allowed by the FWCC, during development of the site in conformance with FWCC Section 22-1286. 10. The subject site contains 86 significant trees. There are 25 trees proposed to be removed with the grading of the subject site for the installation of roadways and utilities. 11. Pursuant to FWCC Section 20-155, the applicant proposes to provide the required open space on-site. The on-site open space will be delineated as separate tracts, and owned and maintained by the subdivision property owners. 12. Prior to issuance of construction permits, the applicant will be required to submit a landscape plan addressing open space, detention tract screening, street trees, tree conservation, and the replacement of significant trees. Required landscape buffers will be delineated as separate tracts, and owned and maintained by the subdivision property owners. 13. The proposed preliminary plat is permitted by FWCC Chapter 20, "Subdivisions,!' and Chapter 22, "Zoning." 14. 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, and recommended by staff, the preliminary plat is consistent with the FWCP and all applicable codes and regulations. 15. Prior to final plat approval and recording, all required and approved improvements will be constructed~ or the improvements appropriately bonded, per City code requirements. XII. RECOMMENDATION Based on review of this application, the environmental record, and pertinent decisional criteria, the Department of Community Development Services recommends approval of the preliminary plat subject to the following conditions: 1. Prior to issuance of construction permits, a landscape plan prepared by a licensed landscape architect, shall be submitted to the City for approval, and shall include the following elements: a. Required ten foot Type III arterial street landscape buffers along the 21 st Avenue SW frontage; b. Open space area landscaping; c. Street trees in planter strips inside plat boundaries along the 21 a Avenue SW frontage; d. Significant tree replacement plan; and ~ e. Visual screening of the stormwater infiltration tract from the right-of-way with landscaping and/or fencing. Hearing Examiner Staff Report Page 15 Preliminary Plat of Keller SUB98-0008 (98-10394-00-SU) 2. Prior to final plat approval, the existing structures on Lots 42, 43, and 44, must be removed or relocated to conform to building setbacks requirements as established by the FWCC, or lot lines must be adjusted accordingly. 3. Prior to issuance of construction permits, the applicant shall submit an easement for the temporary cul-de-sac at the western terminus of SW 3454 Place located on Lots 35 and 36 for the review and approval of the Public Works Director. The approved easement shall be noted on the face of the plat and recorded by the applicant. The easement_shall include provisions for extinguishment of the easement when SW 3454 Place is extended. 4. Prior to issuance of construction permits, a note shall be added to the face of the plat that required setbacks for structures or improvements on Lots 35 and 36 shall be measured from the edge of the recorded easement for the temporary cul-de-sac at the terminus of SW 3454 ~'lace until such time as the easement is extinguished. 5. Prior to issuance of construction permits, the applicant shall revise the plat to locate future permanent cul-de-sac bulb at the terminus of SW 346th Place at the intersection with 21st Avenue SW within a separate tract. The applicant shall label the future permanent cul-de- sac bulb tract as "Tract X." Tract X shall include the entire portion of the future permanent cul-de-sac bulb outside of the required 50-foot SW 346* right-of-way that is required for the cul-de-sac to meet City street improvements standards. Tract X shall be dedicated to the City of Federal Way at such future time that SW 3454 Place is extended to 21st Avenue SW, or at such future time that the City deems necessary for the construction of the permanent cul-de-sac and requests dedication. A note shall be added to the face of plat indicating the purpose, dedication requirement, and dedication timing of Tract X. 6. Prior to final plat approval, the applicant shall provide a financial guarantee in a form and substance acceptable to the City to guarantee the following: a. Design and construction of the permanent cul-de-sac at the intersection of SW 3464 Place and 21s' Avenue SW, including ali improvements required for the cul-de-sac to meet City street improvements standards; b. Design and removal of the improvements within the to be closed intersection of SW 3464 Place and 21st Avenue SW; c. Design and construction of all frontage improvements on 21s' Avenue SW in the area of the to be Closed intersection required to meet City street improvements standards; d. Restoration of any disturbed areas outside the permanent cul-de-sac, including Open Space Tract B and Lots 42, 43, and 44; e. Design and removal of the temporary cul-de-sac at the western terminus of SW 3454 Place at the property line of tax lot 242103 9085; f. Design and construction of all frontage improvements required to meet City street improvements standards for the frontages of Lots 35 and 36 on SW 3454 Place; g. Restoration of any disturbed areas on Lots 35 and 36 resulting from the removal of the temporary cul-de-sac and the construction of required frontage improvements; and, h. Design and construction of half-street improvements for the extension of SW 345th Place to the shared property line with tax lot 242103 9085. Hearing Examiner Staff Report Page ! 6 Preliminary Plat of Keller SUB98-0008 (98- 10394-00-SU) The form and substance of the financial guarantee shall be based on implementation of the above projects in ten years, and current cost estimates for the above projects shall be inflated by a factor of 3.5 percent, compounded annually for the ten year period. 7. Prior to issuance of construction permits, the applicant shall revise the plat to. correctly label SW 346a' Street to the west of 21st Avenue SW, which is currently incorrectly labeled as "SW 345th Street." Street names shall be added for 16~ Avenue SW. 8. Prior to issuance of construction permits, the applicant shall submit design and construction plans for a speed hump on SW 345th Place, for the review and approval of the Public Works Director. The speed hump shall be designed and located to discourage potential cut-through traffic into adjoining neighborhoods. 9. Prior to issuance of construction permits, the applicant shall submit design and construction plans for a raised pedestrian crosswalk at the regional BPA trail crossing on SW 344~' Place, for the review and approval of the Public Works Director. 10. Prior to issuance of construction permits, the applicant shall submit design and construction plans for street lighting at the intersection of SW 345~ Place with 15~ Place SW in the vicinity of the Parklane Neighborhood, for the review and approval of the Public Works Director. The street lighting shall be designed and located to enhance overall pedestrian and vehicular safety by increasing visibility. 11. Prior to issuance of construction permit, the applicant shall submit design and construction plans for raised pavement markers along the roadway centerline in the vicinity of SW 346th Place and 16th Avenue SW, for the review and approval of the Public Works Director. The raised pavement markers shall be located in areas where there is the potential for vehicular traffic to "drift" across the centerline while traversing curves in the roadway. 12. The final plat drawing must establish the required open space areas and arterial street landscape buffers along the 21 s, Avenue SW frontage, in separate tracts to be owned in common and maintained by property owners of the residential subdivision, and prohibiting removal or disturbance of landscaping within the tracts, except as necessary for maintenance or replacement of existing plantings and as approved by the City. The open space and arterial street landscape buffers along the 21st Avenue SW frontage shall be maintained in a condition consistent with the approved landscape plan pursuant to Recommended Condition No. 1, above. Stormwater conveyance, water quality, and infiltration facilities used to control stormwater runoff from the site shall be located in a stormwater tract dedicated to the City at the time of final plat approval, unless located within improved public rights-of-way. 14. All streets shall have a minimum pavement section of three inches Class B asphalt over six inches of crushed surfacing to support the traffic loads. 15. Clearing for the construction of the plat improvements, including roads, stormwater improvements, and utilities, shall be generally consistent with the clearing limits depicted on the Preliminary Grading and Utility Plan that was prepared by the applicant for the preliminary plat process. The clearing limits referenced above are the approximate clearing Hearing Examiner Staff Report Page 17 Preliminary Plat of Keller SUB98-0008 (98-10394-00-SU) limits necessary for road, stormwater improvements, and utility grading, and may be modified with the approval of the Community Development Services and Public Works Departments during final engineering review as required to reflect changes in road, stormwater improvements, and utility designs, if any. The remaining clearing beyond these limits necessary for development of the residential lots shall not be performed until approved permits are issued for development of the residential lots. 16. Prior to final plat approval, all required improvements must be completed or the improvements appropriately bonded, per City code requirements. Design_and construction of plat improvements shall conform to the FWC, 1990 KCSWDM, Hylebos Creek and Lower Puget Sound Basin Plan, and all other applicable codes and regulations. XIII. LIST OF EXHIBITS A. Reduced Scale Preliminary Plat of Keller (Full Size Preliminary Plat to Hearing Examiner) B. Vicinity Map C. Legal Description D. 1-2. Public Comment Letters in Response to Notice of Application E. Public Comment Letter Received After End of SEPA Comment and Appeal Period F. April 15, 2000, Mitigated Determination ofNonsignificance (MDNS) G. Preliminary Technical Information Report, prepared by ESM Consulting Engineers, Revised November 1999 H. Wetland and Stream Determination, prepared by B-twelve Associates, December 2, 1999 (Note: Although titled for the adjacent proposed Belle Meadow Preliminary Plat, this report includes the proposed Keller Preliminary Plat site.) I. King County Certificate of Sewer Availability from Lakehaven Utility District, July 2, 1998 J. King County Certificate of Water Availability from Lakehaven Utility District, July 2, 1998 TRANSMITTED TO THE PARTIES LISTED HEREAFTER: 1. Federal Way Hearing Examiner 2. Applicant: Dick Schroeder, Happy Valley Land Company 3. Agent/Project Engineer: Stuart Scheuerman, ESM Consulting Engineers Doc. umentlD #11478 Hearing Examiner Staff Report Page 18 Preliminary Plat of Keller SUB98-0008 (98-10394-00-SU) Exhibit A: Reduced Scale Preliminary Plat of Keller (Full Size Preliminary Plat to Hearing Examiner) · "'/~/~--/t~ ,J--"--'~ .... ~'~1 KELLER PROPERTY PRELIMINARY PLAT / 1' ~ ~.~,,",,,,~-,.~'~ [ I l,.l,.l,.l,.l,.~,.l,[ 1 - ' /.~~'" ~ ~ ~ ~ ~ ' _Jill .............. '~ 8.W, ~0~ ~ ~A~ ~d~, ~ j ~,;,.~ ,~. · ~ .... PORTION OF TIE NE 1/4 OF THE .BE 1/4 OF E~EC. 24, 'rvt/P. 21 N., RGE. 3 E ,, ~, I I '-~ ' : ~' I I ' ~/ .'l " I ' ''' ~ I , ~ ................ -~. "- " ..... ~ .... ( ~ L ..-x - x x J % % ._j x -~. [ i j ~ HAP~Y VAlley LA~ ~ANY, I KELLER PROPERTY SW 345th Plac -- ~". Tree ~ · SWldn~l Detail NOT~ 5MC 65 Spirea Mog;c Carpet Mog;c Corpet Sp,reo 1gal 2'oc co~z~l~ P~ .[~(~ c~[/ s~ ~ r~ ~ ~ ~ ~ ~ I o~ I ".I J L1 ~1 Exhibit B: Vicinity Map // ~ ~ ~ ' ' - MALL ~ ~.~1 .-.- .... .-.. ~ - \ ~: SOUND ~ /~ ~ ¥.'.'.'.~; '* ~ Gl ~ I '. ............. VICINITY MAP Not To Scale ¢)NSULTING ENEIINEER8 I. LC · JOB NO. 770-01-970 - I ~) I · I'~1 D~W,N¢ NAME : VICINITY ~ ~ DATE : 10-15-98 · 2o s~t~ ~m s~ ~ ~ D~WN : SLS F~M Way. Wa~ g~3 ~o~ ~ ~) ~6~ ~ w~, Exhibit C: Legal Description LEGAL DESCRIPTION - TAX LOT NO.(S) 242103-9021, 242103-9022; 242103-9056 PARCEL A: THE SOUTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 21 NORTH, RANGE 3 EAST, WILLAML-TrE MERIDIAN, IN KING COUNTY, WASHINGTON: EXCEPT THE WEST 205 FEET TJ-~E~{EOF; TOGETHER WITH AN EASEMENT E'O;~ INGRESS, EGRESS AND U]'ILITIES OVER, UNDER AND ACROSS THE r,IORTH 30 FEET OF' THE WEST :205 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTH HALF' OF THE NORTHEAST QUARTER OF' THE SOUTHEAST QUARTER OF SAID SECTION 24; EXCEPT THE WEST 30 FEET FOR ROAD. PARCEL El: THE EAST HALF OF THE ~ORTh t-~,~LF OF THE SOUTH HALF' OF THE NORTHEAST QUARTER OF ThiE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 21 NORTH, RANGE ~ E.~ST, WlLLAMET1'E MERIDIAN, IN KING COUNTY, WASHINGTON. PARCEL C: THE WEST HALF OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 21 NORTH, RAr.~GE ~ £~ST, WILLAMETTE MERIDIAN,' IN KING COUNTY, WASHINGTON: EXCEPT THE WEST 30 FEET FOr< r~O^D. Exhibits D. 1-2' Public Comment Letters in Response to Notice of Application ~JlIY Ut- I-IsUIsKHL WHY IU;Z~O-~)~)I-qVq~ Mvo l~ vv zz.ol ~u.vvi ~.vi City ofFed. Way Ca: o_0-2 33530 - 1st Way South Attention: Carey Poe Greg Moore JAN Z I 1999 Rick P~ez ~~s...~' · ' FEDEPu~L Wily PUl)lAC WORKS Trent Ward ADMIN~I01~ DM$10N Deb Barker To Whom It May Concern: In reference to proposed prelimina~, plal (File # SUB98_0008) File #Sep 98-00~5. My husband and I arc homcowoers on lot #18 in Parklanc Estates Division II. The thought of any added traffic to our narrow streets is unthinkable. If'you park two cars opposite each othor on the streei you can't, get anything but a ¥olks~agen bug bctwcea them provided they park half on the sidewalk. We would like to suggest you extend either 18th Ave. SW or 19th Ave. SW through to the development .~ they can take advantage of thc ncw traffic light at t44th Place SW going in soon on 21st Ave. We would also like to keep a buffer behind our homes between the greenbelt, under the power lines, to the park and ride. This could bca multioraod¢l bike trail, walking, jogg/ng, for the cifizems in our entire area. Can't you just see us doing our daily exercise to and from the Park & Ride? Even lo shopping dose by. We also have no streetlights in our neighbolhood. We have many young children playing in our streets and many schoolchildren, especially going to Sherwood Forest Elementary at the top of our hill. The BPA trail in our tract is unmarked and very dangerous for people crossing on 14th Way. We don't like to ace, m un-neighborly, but our streets are illegally narrow and unlighted and physically unable to handle any added traffc. It's just too dangcr0u$. Thank you for your considerations and please let us know when thc next public hearing is in advance. Sincerely, ........ Robert & Connie Winebrenner .' REO£IVEO BY ~,ouuf ~I~ITY DFVE. I. ~3PUF. NT I')[:I~RTUF3~rr JAN ~, ~ ~,q99 PAR-rI~LANE ESTATES D%VZSZON %% HOME OWNE~ ASSOCZA~ON 34507 - 15t~ p~CE SW FEDE~L WAY~ WA 98023 Oty of F~ Way 33530 - 1~ Way F~ Why, WA Attm~o~ M~n Hess - T~t W~ ~i~on ofPa~ ~ D~n 11 ~th nddr~ ~ ~ 14th Way SW, 1. P~ ~ r~u~ you 2. Per ~ ~u~t, SW 346~ PI ~m~ n ~~ a~s to 11~ Ave SW. 3. Per ~ ~u~, ~on H. ~ ~ is t~ V~ w~ of21st A~ SW · - RECEIVED BY P.,OMM[t~ DEVELOPUFJ4T i')I~PAR:TMEI~ ,lAN 14 1999 · This proposal will not only serve to be an environmentally sound idea'by you, but will also.prove to keep both nei~borhood~ unique, ~af~ and bestial, We thank you in advence for your consideretion. Skncerely _ sw Federal W~y, WA 9~023 Parklanc Estates Division II / Archlte~mral Control Committee and the Home Owne~ of Parklane Estates Division II President of Pnrkla~e Estates Divt~on 1I Home Owners Association gllf Ut- rI"I~LKHL ~H¥ J,,I.);Z::)O-I;)t;,J.-/4L)/4(~ HUb i::)'UU ll;b,3 N0.UU1 .... .".. I "". I "T...L. - I '-~-,i .!~. t Exhibit E. Public Comment Letter Received After End of SEPA Comment and Appeal Period Dear City of Federal way, My name Is Katarina Andress, I'm 13 years old. I live In Federal way WA. Where I live is somewhere I never lived before. It's the trees. Your probably thinking why would a 13 year old care about trees. Well I do care! Those trees are what makes our neighborhood so special. Those trees w/Il be cut down and turned/nto 42 houses on that property. Not only that they are making a road that goes right bet~_ een where I live and where my next door neighbor lives. That road will be go/ng through the most busiest street ever, 21 st street. Not only that we have so many little kids I hate to see one of them get hit by a car. How, where, are they going to play? Surely I don't know! ~ What I'm trying to say is don't cut dOwn the trees. When your cutting down the trees it's not for the better it's for the worst. I could go around my neighborhood and get signatures but I won't because it won't matter to you. Also there are many ways that you can build those houses and still save the trees, and give people the privacy that they want. Because I know everyone likes there own privacy. I like privacy, and I know you do to. I don't want people looking at me in the kitchen or when I sit in our back porch. I came up with an example: We have a green belt with power lines and we have a nice walk path. Why don't you finish that path and put it along the fence line. There should be a place that people can walk and enjoy the forest behind us and look at the many animals. We have so many birds, squires, and owls. Even coyotes and hawks. I know it's progress and I also know it's money. But what I don't know is where are the animals going to go? Animals and humans have feelings. Those feelings should be heard. And something should happen. That's what I'm doing. Thank you for your time. Sincerely, K-ama Andress 34507 15th PL SW Feder~ way WA 98023 Exhibit F: April 15, 2000, Mitigated Determination ofNonsignificance (MDNS) CITY OF ~'--''''  ~ $$550 ] ST WAY SOUTH FEDEI~AL WAY, WA 98003-6210 MITIGATED ENVIRONMENTAL DETERMINATION OF NONSIGNIFICAi CE KlgLLER SUBDMSION Application No: SEP98-0045 (98-103944) Description of Proposah The applicant proposes to subdivide approximately 14.03 acres into 47 single-family residential lots. The proposal includes construction of a road system, utilities, stormwater facilities, street frontage improvements, and other related infrastructure to serve the proposed residential lots. Vehicular access will be provided from 21" Avenue SW, ! 8* Avenue SW, and SW 345~ Place. Proponent: Dick Schroeder, Happy Valley Land Company, Applicant Stuart L. Scheuerman, ESM Consulting Engineers, Agent Location: The subject property is located in the City of Federal Way. The subject property is located on the east side of the 34600 block of 21" Avenue SW. Lead Agency: City of Federal Way City Contacts: Tim McHai-g, Contract Planner, 206-297-2106 Greg Fewins, Principal Planner, 253-66 I-4108 The responsible Official oft_he City of Federal Way hereby makes the following decisions based upon impacts identified in the environmental checklist, the Federal Way Comprehensive Plan, and other municipal policies, plans, rules, and regulations designated as a basis for exercise of sabstantive authority under the Washington State Environmental Policy Act Rules pursuant to the Revised Code of Washington (RCW) 43.21C.060: The lead agency for this proposal has determined that the proposed action does not have probable significant adverse impact on the environment and au Environmental Impact Statement (EIS) is not required under RCW 43.2 IC.032(2Xc), only if the following conditions are met. This decision was made after review ora completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. FINDINGS OF FACT I. The applicant proposes to subdivide approximately 14.03 acres into 47 single-family residential lots. The proposal includes construction ora road system, utilities, stormwater facilities, street frontage improvements, and other related infrastructure to serve the proposed-residential lots. 2. Vehicular access to the site is proposed to be provided from 21 ~ Avenue SW, 18-~ Avenue SW, and SW 345t~ Place. 3. A September 1998 Traffic Impact Analysis (TIA), was prepared by Heath and Associates for the proposed development. The TIA was supplemented by a December 7, 1999, traffic letter prepared by Gibson Traffic Consultants, and August 19, 1999, and January 11, 2000, traffic letters prepared by Heath & Associates. The study and supplemental information identifies transportation impacts and recommends mitigation measures associated with the development. The proposed development will generate approximately 517 average weekday daily trips, with an estimated 55 PM peak hour trips. Traffic generated from the proposed development will impact two Transportation Improvement Plan (TIP) projects with more than 10 PM peak hour trips. The project proponent:will be required to either construct the planned TIP projects, or provide pro-rata share contributions toward the proposed improvements to mitigate traffic-generated impacts from the proposed development. 4. The city's Public Works Department reviewed and concurred with the conclusions of the TIA and supplemental information. The traffic impacts identified in the analysis will be appropriately mitigated by implementation of mitigation measures proposed by the applicant and the required mitigation measures. 5. The Final Staff Evaluation for Environmental Checklist, File No. SEP98-0045, is hereby incorporated by reference as though set forth in full. CONCLUSIONS OF LAW 1. Provide a safe, efficient, convenient, and economic street system with sufficient capacity to move People, goods, and services at an appropriate level of service. The City shall develop and adopt policies for the construction, reconstruction, maintenance, and preservation of new and existing facilities, such as gravel and substandard streets. (TG2, Federal Way Comprehensive Plan [FWCP]) · 2. Identify and implement changes to the transportation system which reduce reliance on the single occupant vehicle. Support state, regional, and local visions and policies. (TP9, FWCP) 3. Establish a Level of Service (LOS) standard based on a planning methodology using vehicle miles traveled lq/MT) congested to measure the LOS citywide, and an operation methodology for development impact, mitigation corridors, and intersections based on a LOS equal to E or vic less than or equal to 0.9. TP16, FWCP) MDblS Page 2 Keller Subdivision/SEP98-0045 (98-103944) 4. Structure the City's improvement program to strategically place increments of public and private investment that. complement the multimodal vision of the plan. This should include "matching" improvements to supplement the efforts by other agencies to provide HOI/ and transit facilities. (TP32, FWCP) 5. ,4rterial HOg improvements will-be constructed along key corridors to improv~ flow and encourage use of these more efficient modes. (TP41, FWCP) - 6. Ensure that City facilities and amenities are ADA compatible. (TP51, FWCP) 7. - Work to extend the existing system of sidewalks, bikeways, and equestrian ways in the City to provide safe access to public transit, neighborhood and business centers, parks, schools, public facilities, and other recreational attractions. (TP52, FWCP) 8. If allowed by applicable law, development inside and outside the City should be required to provide their fair share of onsite and offsite improvements. (HP7, FWCP) CONDITIONS i. The applicant shall either: a. Construct the following impacted Transportation Improvement Plan project as required by the Public Works Department, prior to building occupancy; ori b. Contribute the project's pro-rata share of the construction cost of the following TIP project prior to issuance of building permits: TIP Project Description Project Total PM Pro-Rata TIP Mitigative Impact peak Hour Share Project Fee Volume Cost i. S 356a' Street- 1~ Avenue S 17 trips .1562 trips !.09% $7,205,000 $78,400 -.. to SR99: Widen to five lanes 2. 21~ Avenue SW/SW 357~ 33 trips 2279 trips !.44% $750,000 $10,900 Street: SW 356~ Street- 22'a Avenue SW: Extend two lane connector TOTAL $89,300 ' t 2. The applicant shall design and construct a southbound left mm storage bay to provide the required channelization and storage for the intersection of 21st Avenue SW and SW346th-Place. Before civil plan approval, the applicant shall submit calculations and design for the left turn storage bay for the review and approval of the Public Works Traffic Division. Channelization, striping, and construction notes addressing the new channelization plans shall include existing stripe removal and the terminus/extent of construction as required by city standards. Such modifications shall be prepared and stamped by a licensed civil engineer registered in the State of Washington. The applicant shall dedicate the right-of-way required for construction o[' the southbound left turn storage bay. Before issuance of Final Plat Approval, the applicant shall construct the southbound left turn storage bay consistent with the approved channelization plans. : MDNS Page 3 Keller SubdivisiouPSEP98-0045 (98-103944) 3. The applicant shall design and construct all necessary traffic calming devices to mitigate neighborhood traffic impacts in coordination with neighborhood groups and in compliance with city requirements. These devices may include speed humps, traffic circles, chicanes, curb extensions, signs, pavement markings, or any other device proposed by the applicant and/or neighborhood residents and approved by the Public Works Director. Before issuance of Prelitninary Plat Approval, the applicant shall submit plans for the traffic calming devices for the review and approval of the Public Works Traffic Division. The plans shall be prepared and stamped by a licensed civil engineer registered in the State of Washington. Before issuance of Final Plat Approval, the applicant shall construct the traffic calming devices consistent with the approved plans. This MDNS is issued under the Washington Administrative Code (WAC) 197-11-355. The lead agency will not act on this proposal for 14 days from the date of issuance, pending a public comment period. Comments must be submitted by 5:00 p.m. on May 1, 2000._ Unless modified by the city, this determination will become final following the above comment deadline. Any person aggrieved of the city's final determination may file an appeal with the city within 14 days of the above comment deadline. Appeals must be submitted by 5:00 p.m. on May 15, 2000. Responsible Official: Stephen Clifton, AICP Position/Title: Director of Community Development Services Address: 33530 First Way South, Federal Way, WA 98003 Signature: .~,/~~~ Date Issued: April lS, 2000 MDIqS Page 4 Keller Subdivision/SEP98-0045 O8-103944) Exhibit G: Preliminary Technical Information Report, prepared by ESM Consulting Engineers, revised November, 1999 PRELIMINARY TECHNICAL INFORMATION REPORT for KELLER SUBDIVISION Prepared for Happy Valley Land Company, L.L.C. P.O. Box 1324 Issaquah, WA. 98027 Federal Way PRE98-0017 ESM, Consulting Engineers, L.L.C. No. 770-01-970-006 October 1998 Revised November 1999 l/esm-jobs/770/01/documentsF/70-01 r2.doc TABLE OF CONTENTS ' PAGE I. Project Overview 1 Vicinity Map - Figure 1 a 2 Project Overview 3 Review of 7 Core Requirements and 12 Special Requirements of 1990 KCSWDM - 4-6 Summary 6 II. Preliminary Conditions Summary 7-11 III. Off-Site Analysis Level One Downstream Analysis 12-14 IV. Retention / Detention Analysis and Design Onsite Drainage Basins 15-23 V. Special Reports and Studies 24-25 VI. Erosion / Sedimentation Control Design 26-27 Appendix Waterworks Upstream Drainage flows Wallet: Overall Drainage Map SECTION I PROJECT OVERVIEW 1 VICINITY MAP Not. To Scale ¢ONSULTIHG EN~IIHEE~R~ tLC JOB NO. 770-01-970 I · I~ I~rl o~Aw,,o NAME : VICINI~ ~~ DA~E : 10-15-98 ~ ~ ~ s~ ~ ~ D~WN : SLS F~ Way. Wa~ 9~3 ~o~ ~ ~) 8~-6~ ~ w~. SECTION I PROJECT OVERVIETM The proposed project Keller Subdivision, is located east of 21st Ave. SW, north of SW 347t~ Street and west of 15th Place SW (see vicinity map Figure l-A), containing approximately 13.9 acres. The north side of the site abuts undeveloped land, the south and east sides abuts residential subdivisions, and the west side abuts 21st Ave SW and than an apartment complex. - The majority of the site is under 10% slopes. There is a small area, about 1,500 s.f. that is about 50% (this area appears to be an old "man-made" road-cut). The area immediately around this slope, which does not appear to be disturbed, has slopes around 25%. The site is covered with mostly young conifer and deciduous trees. There are a few existing buildings, some will be demolished during initial road and utility construction but the residential house will stay until the resident moves. This site is in the WH-15 drainage basin of the Panther Lake Drainage Basins. (See Surface Water Management Plan, Phase 1). Although this site is within the Panther Lake Regional Detention Facility Basin, it is too far away to utilize it. So the project will provide an on-site infiltration facility using the BW-2 West Branch Hylebos Basin design requirements. The site will provide water quality treatment utilization a biofiltration swale. The off-site flows coming onto the site from a drainage line from the south will be collected and piped through the site and connected to the proposed 48" stormline under the new 344th St. S. being built with the Park & Ride Project. 3 Review of 7 Core Requirements and 12 Special Requirements of 1990 KCSWDM We have reviewed the Core m~d Special Requirements in Chapter No. 1 of the King Cotmty Surface Water Design Manual (KCSWDM), and offer the following comments: Core Requirement No. I - Discharge at the Natural Location Currently the inajority of the site drains to the northwesterly portion of the site. From this point flows continue north in a large undefined drainage swale. The proposed project will continue to discharge at this northwesterly section of the site. Core Requirement No. 2 - Offsite Analysis An offsite analysis is required tbr this site because more than 5,000 square feet of impervious area is being proposed. Please refer to tile Level One Drainage Analysis in this report for a more descriptive nm~:ative of the downstremn conditions. Core Requirement No. 3 - Runoff Control The proposed design contains more thm~ 5,000 square feet of impervious area that is subject to vehicular use; therefore, on-site biofiltration is required. The on-site facility shall be designed to conform to the King County Surface Water Design Manual 1990 and the City of Federal Way worksheet. The geotechnical report indicated that infiltration is possible on this site. This method of mnoffcontrol will be utilized as much as possible. Core Requirement No. 4 - Conveyance System As part of the final engineering design for this project, it will be required to demonstrate that the runoff form the 100-year/24-hour storin can be conveyed dowa~strcam per Core Requirement No. 2. Core Requirement No. 5 (Erosion / Sedimentation Control), No. 6 (Maintenance and Operation)~ and No. 7 (Bonds and Liability) Will at)ply during the final design review. 4 Special Requirement No. 1 - Critical Drainage Area This project does lie within the Hylebos Creek and Lower Puget Sound Basin Plan, the "West Branch". This project shall conform to the recommendations of this plan and the City of Federal Way's recommendations. Special Requirement No. 2 -Compliance with an Existing Master Drainage Plan Does not apply. Special Requirement No. 3 - Conditions Requiring a Master Drainage Plan Does not apply. Special Requirement No. 4 - Adopted Basin or Community Plans The project does lie within the Hylebos Creek and Lower Puget Sound Basin Plan. This project shall conform to the recommendations of this plan and the City of Federal Way's recommendations. Special Requirement No. 5 - Special Water Quali .ty Controls The site will collect runoff from more than one acre of impervious surface that will be subject to vehicular use so a wet pond, wet vault or water quality swale will be required. Special Requirement No. 6 - Coalescing Plate/Oil Water Separators The site has less than 5 acres which is subject to vehicular use therefore this requirement does not apply. Special Requirement No. 7 - Closed Depression Does not apply. Special Requirement No. 8 - Use of Lakes, Wetlands, or Closed Depressions for Peak Runoff Control Does not apply. 5 Special Requirement No. 9 - Delineation of 100-Year Floodplain The lO0-year floodplain does not enter this site. Special Requirement No. 10 - Flood Protection Facilities for Type 1 and 2 Streams Does not apply. Special Requirement No. 11 - Geotechnical Analysis and Report A geotechnieal review of the site will be required in the design phase. Special Requirement No. 12 - Soils Analysis and Report A Soils Analysis and Report will be part of the overall submittal to the City of Federal Way. Summary The storm water nmoffwill be collected from the buildings, streets and landscaped areas, and conveyed through a pipe system to an storm water quality biofiltration facility than onto an infiltration facility. This site will have an infiltration facility sized to the Hylebos Creek and Lower Puget Sound "BW-2" recommendations. The onsite soils are the Alderwoo~l Series, which are normally poor soils for infiltration. However the Geotechnical Report indicates that under a thin till lense there is a sufficient sand and gravel layer for infiltration. The standards to be followed are per the 1990 King County Surface Water Management Design Manual, along with recommendations by the City of Federal Way. SECTION II PRELIMINARY CONDITIONS SUMMARY 7 SECTION II PRELIMINARY CONDITIONS SUMMARY The King County Soils Survey by the US Soils Conservation Services (1973) generalizes the soils in the vicinity of this project as being Alderwood Series, AgB and AgC. These soils are made up of moderately well drained soils that have a weakly consolidated to strongly consolidated substratum at a depth of 24 to 40 inches. These soils are on uplands. Figure IIA shows the soil mapping, which comes from the King County Area Soils Survey by the US Soils Conservation Service. Some areas are up to ~O percent included soils to dark yellowish-brown gravelly sandy loam that that are similar to this soil material, but either extends to a depth of about 19 inches. The lower shallower or deeper over the compact substratum; part of the subsoil is olive-brown very gravelly and some areas are S to 10 percent very gravelly sandy loam. Fractured sandstone is at a depth of Everett soils and sandy Indi~nola soils, about 38 inches. Runoff is medium, and the erosion hazard is Beausite soils are used for timber and pa. ~. moderate to severe. Some areas have been used for urban developmenT. This soil is used for urban development. Ca- pability unit IVe-2; woodland group 3d2. Beausite gravelly sandy loam, 6 to IS percent Arents, Everett material (An).--This is a level slopes. (BEC).--Areas. of this soil are 20 acres or to gently sloping, dark-brown gravelly or very more in size. Slopes are long and convex. gravelly sandy loam. It is very similar to Everett Representative profile of Beausite gravelly gravelly sandy loam (see Everett series), but it sandy loam, 6 to IS percent slopes, in woodland, has been disturbed and altered through urban de- S70 feet south and 800 feet east of the northwest velopment. Multicolored very gravelly coarse sand corner-of sec. 29, T. 24-N., R. 6 E.: is at a depth of 8 to 40 inches. Areas are common- ly rectangular in shape, and range from 1 to 120 01--2 inches to 1/2 inch, undecomposed leaf litter. acres in size. 02--1/2 inch to 0, black (10YR 2/1) decomposed Representative profile of Arents, Everett mate- leaf litter. rial, in a homesite, 440 feet west and 100 feet Al--0 to 6 inches, dark-brown (10YR 3/3) gravelly north of the center of sec. 11, T. 24 N., R. 6 E.: sandy loam, brown (10YR S/B} dry; weak, fine, granular structure; soft, very friable, 0 to 8 inches, dark-brown (7.SYR 3/4) gravelly nonsticky, nonplastic; many roots; slightly sandy loam, brown (?.SYR S/4) dry; massive; acid; clear, wavy boundary. S to ? inches soft, very friable, nonsticky, nonplastic; thick. few roots; 30 percent gravel content; B21--6 to 19 inches, dark yellowish-brown (10YR 4/4 slightly acid; clear, smooth boundary. 8 to gravelly s~ndy loam, light yellowish brown 14 inches thick. (IOYR S/4) dry; massive; soft, very friable, 8 to 60 inches, grayish-brown and light olive-brown nonsticky, nonplastic; many roots; slightly (2.SY S/2 and S/4) very gravelly coarse acid; clear, irregular boundary. 10 to IS sand, light gray and light yell'owish brown inches thick. (2.5Y 7/2 and 6/4) dry; single grain; loose, B22--19 to 38 inches, olive-brown (2.5Y 4/4) very nonsticky, nonplastic; few roots; 55 percent gravelly sandy loam, light yellowish brown gravel and 10 percent cobblestone content; {2.SY 6/4) dry; massive; soft, very friable, medium acid. nonsticky, nonplastic; common roots; m, ~ acid; abrupt, irregular boundary. The upper part of ~he soil ranges from dark IIR--$8 inches, fractured sandstone; medium acid. brown to olive brown and from gravelly sandy loam to very gravelly loamy sand. The substratum ranges from black to olive brown. The A horizon ranges from verY dark grayish This soil is somewhat excessively drained. The brown to very dark brown and dark brown. The B - horizon ranges from dark grayish brown to dark effective rooting depth is 60 inches or more. yellowish brown and olive brown. It is gravelly Permeability is rapid, and available water capacity is low. Runoff is slow, and the erosion hazard and very gravelly sandy loam and gravelly loam. is slight. Depth to sandstone ranges from 20 to 40 inches. This soil is used for urban development. Ca- Some areas are up to 20 percent included Alder- pability unit IVs-1; woodland group 5f3. wood soils, which have a consolidated substratum, and Ovall soils, which are underlain by andesite; some are up to S percent the wet Norma and Seattle Beausite Series soils; some are up to S percent Beausite soils tha, have a gravelly loam surface layer and subsoil; an, The Beausite series is made up of well-drained some are up to 10 percent soils that are similar t~ Beausite soils, but are more than 40 inches deep soils that are underlain by sandstone at a depth over sandstone. of 20 to 40 inches. These soils formed in glacial -Roots penetrate easily to bedrock and enter a deposits. They are rolling to very steep. Slopes few cracks in the bedrock. Permeability is are 6 to 7S percent. The vegetation is alder, fir, cedar, and associated brush and shrubs The annual moderately rapid. Available water capacity is low · Runoff is medium, and the hazard of erosion is precipitation is 40 to 60 inches, and the mean annual temperature is about SO° F. The frost-free moderate. season ranges from 160 to 190 days. Elevation is This soil is used for timber and pasture and fo 600 to 2,000 feet. urban development. Capability unit IVe-2; woodlan In a representative profile, the surface layer group 3d2. and the upper part of the subsoil are dark-brown Permeability is moderately rapid in the surface Arents, Alderwood Material layer and subsoil and very slow in the substratum. Roots penetrate easily to the consolidated substra- tum where they tend to mat on the surface. Some Arents, Alderwood material consists of Alderwood roots enter the substratum through cracks. Water soils that have been so disturbed through urban- moves on top of the substratum in winter. Available ization that they no longer can be classified with water capacity is low. Runoff is slow to medium, the Alderwood series. These soils, however, have and the hazard of erosion is moderate, many similar features. The upper part of the soil, This soil is used for timber, pasture, berries, to a depth of 20 to 40 inches, is brown to dark- and row crops, and for urban development. Capability brown gravelly sandy loam. Below this is a grayish- unit IVe-2; woodland group 3dl. brown, consolidated and impervious substratum. Alderwood gravelly sandy loam, 0 to 6 percent Slopes generally range from 0 to IS percent. slopes (AgB).--This soil is nearly level and These soils are used for urban development. undulating. It is similar to Alderwood gravelly sandy loam, 6 to 1S percent slopes, but in places - - its surface layer is 2 to 3 inches thicker. Areas Arents, Alderwood material, 0 to 6 percent slopes are irregular in shape and range from 10 acres to (AmB).--In many areas this soil is level, as a slightly more than 600 acres in size. result of shaping during construction for urban Some areas are as much as IS percent included facilities. Areas are rectangular in shape and Norma, Bellingham, Tukwila, and Shalcar soils, all range from S acres to about 400 acres in size. of which are poorly drained; and some areas in the Representative profile of Arents, Alderwood vicinity of Enumclaw are as much as 10 percent material, 0 to 6 percent slopes, in an urban area, Buckley soils. 1,500 feet west and 5SO feet south of the northeast Runoff is slow, and the erosion hazard is corner of sec. 25, T. 2S N., R. S E.: slight. This Alderwood soil is used for timber, pasture, 0 to 26 inches, dark-brown (10YR 4/5) gravelly berries, and row crops, and for urban development, sandy loam, pale brown (iOYR 6/5) dry; Capability unit IVe-2; woodland group 5d2. massive; slightly hard, very friable, non- sticky, nonplastic; many roots; medium acid; Alderwood gravelly sandy loam, IS to 50 perceni abrupt, smooth boundary. 25 to 29 inches slopes (AgD).--Depth to the substratum in this soil thick. varies within short distances, but is commonly 26 to 60 inches, grayish-brown (2.SY S/2) weakly about 40 inches. Areas are elongated and range consolidated to strongly consolidated glacial from 7 to about 2S0 acres in size. till, light brownish gray (2.SY 6/2) dry; Soils included with this soil in mapping make common, medium, prominent mottles of yellowish up no more than $0 percent of the total acreage, b~own (IOYR S/6) moist; massive; no roots; Some areas are up to 2S percent Everett soils that medium acid. Many feet thick. have slopes of 15 to $0 percent, and some areas are up to 2 percent Bellingham, Norma, and Seattle soils, The upper, very friable part of the soil extends which are in depressions. Some areas, especially to a depth of 20 to 40 inches and ranges from dark on Squak Mountain, in Newcastle Hills, and north of grayish brown to dark yellowish brown. Tiger Mountain, are 2S percent Beausite and Ovall Some areas are up to 30 percent included soils soils. Beausite soils are underlain by sandstone, that are similar to this soil material, but either and Ovall soils by andesite, shallower or deeper over the compact substratum; Runoff is medium, and the erosion hazard is and some areas are S to 10 percent very gravelly severe. The slippage potential is moderate. Everett soils and sandy Indianola soils. This Alderwood soil is used mostly for timber. This Arents, Alderwood soil is moderately well Some areas on the lower parts of slopes are used drained. Permeability in the upper, disturbed soil for pasture. Capability unit Vie-2; woodland group material is mOderately rapid to moderately slow, 3<tl. depending on its compaction during construction. Alderwood and Kitsap soils, very steep (AkF).-~ The substratum is very slowly permeable. Roots penetrate to and tend to mat on the surface of the This mapping unit is about SO percent Alderwood consolidated substratum. Some roots enter the gravelly sandy loam and 2S percent Kitsap silt substratum through cracks. Water moves on top of loam. Slopes are 2S to 70 percent. Distribution the substratum in winter. Available water capacity of the soils varies greatly within short distances, is low. Runoff is slow, and the erosion hazard is About 1S percent of some mapped areas is an included, unnamed, very deep, moderately coarse slight. This soil is used for urban development. Ca- textured soil; and about 10 percent of some areas pability unit IVe-2; woodland group 3d2 is a very deep, coarse-textured Indianola soil. ' Drainage and permeability vary. Runoff is rapid to very rapid, and the erosion hazard is severe to Arents, Alderwood material, 6 to IS percent very severe. The slippage potential is severe, slopes (AmC).--This soil has convex slopes. Areas These soils are used for timber. Capability are rectangular in shape and range from 10 acres to unit VIIe-1; woodland group 2dl. about 4S0 acres in size. 10 SECTION III OFF-SITE ANALYSIS 12 SECTION III OFF-SITE ANALYSIS This project is within the Hylebos Creek and Lower Puget Sound adopted basin plan. The following is a Preliminary Level I Downstream Analysis which looks at the drainage system ¼ mile downstream of the site along with the five tasks outlined under the Level 1 Downstream Analysis within the 1990 KCSWM. (See Overall Drainage Map in Appendix). The five Tasks are: Task 1 - Study Area Definitions and Maps Task 2 - Resource Review Task 3 - Field Inspection Task 4 - Drainage System Description and Problem Screening Task 5 - Mitigation Task 1 - Study Area Definitions and Maps Within this report there is an overall drainage map showing the project site and the downstream path. Along with the review of this overall map, a closer review of the Park & Ride Site and Fred Meyer construction drawings was conducted. Task 2 - Resource Review A review of Federal Way's Comprehensive Surface Water Management Plan, Phase I, Chapter 6, Panther Lake was conducted. Within this report there is a problem area identified (Problem Area 4) south of the Fred Meyer store. This report predicts that Structure WH 15T0040 that drains WH 15 will overflow, causing minor flooding during the 25 - year event with existing development conditions. (See page 6-4 in Appendix). Task 3 - Field Inspection A site inspection was done in 1998 and Jtme 30, 1999. When the original field inspection was completed in 1998, there was only a drainage swale between this site and Fred Meyer site (almost 2,000 feet north) along with one 12" driveway culvert. See Task 4 below for current conditions. Task 4 - Drainage System Description and Problem Screening Upstream: The majority of the upstream off-site flows discharging onto this site come from an existing 36" storm line near the middle of the south property line. The flows to this storm line drain most of the upstream drainage basin (see overall drainage map). There are about 220 acres in the overall basin. Of this, about 90 acres drains to this 13 line. However within the Upstream area there are at least three detention ponds that control some flow (see overall drainage map). The preliminary flow calculations below conservatively disregard the detention systems. The upstream area contains about 46% impervious surfaces (or 41 acres) and about 49 acres of pervious surfaces flowing to this 36" line. This results in a calculated flow of 11.2 cfs for a 2 year 7day storm, 17.3 cfs for a 10 year/7 day storm, 20.4 cfs for a 25 year/7day storm and 34.3 cfs for a 100/7day storm. The 36" line appears to have capacity to contain these flows Downstream: The majority of the on-site stormwater flows drain to a central swale in the middle of the project site. From this swale, flows originally continue north almost 2,000 feet at a slope of 1 to 2% to a low area behind the Fred Meyer building between 19th Ave. SW and 21st Ave. SW. This drainage path appears to go through two potential wetlands. There was one 12" driveway culvert along this path. However, the new Park & Ride Facility under construction, about 500 feet downstream, has altered the natural drainage path. The future flows will be directed through a 48" culvert (at S.W. 344th St) and on to a ripraped swale and into a detention facility or a ripraped overflow and a bypass swale. All flows are eventually directed to a new 18" CPEP culvert under a driveway east of S.W. 342nd St.. Flows continue in a more natural drainage path until it gets to a low area behind the Fred Meyer site. There does not appear to be any substantial overtopping, excessive scouring, bank sloughing or sedimentation. From this low area behind Fred Meyer, stormwater enters a 30" conveyance system which directs flows to 19th Ave. SW and eventually to the main Panther Lake Trunk system to Panther Lake. Note: the above mentioned TIR on the Park and Ride indicates that there is an 18" line behind Fred Meyer. However, based upon our field investigation it is a 30" storm line. Task 5 - Mitigation To prevent this project from creating or aggravating existing downstream problems, the proposal will be to infiltrate increased stormwater flows, as is naturally occurring. The proposal is to create individual on-site infiltration systems for each lot where it is feasible (individual lot testing will be done during final design). The primary facility will be an infiltration pond for the roads and any lots that will not infiltrate individual lot stormwater flows. As stated within the Geotechnical Report, "... in the north central portion of the site should have adequate permeability and storage capacity to infiltrate storm water from the site" (see the geotechnical report). To mitigate for the stormwater coming onto this site from the existing 36" storm line along the south boundary, a bypass line is proposed to carry the stormwater through this site and connect to the 48" culvert within the proposed 344th St. under construction. Any up-stream flows would then directly connect to the existing drainage path at this point. 14 11/30/99 7:42:21 am ESM Inc. page 1 UPSTREAM FLOWS TO KELLER BASIN SUMMARY BASIN ID: UP-10 NAME: UPSTREAM BASIN - 10 SBUH METHODOLOGY TOTAL AREA ....... : 90.00 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE .... : KC7 PERV IMP PRECIPITATION .... : 5.80 inches AREA..: 49.00 Acres 41.00 Acres TIME INTERVAL .... : 60.00 min CN .... : 86.00 98.00 TC .... : 24.87 mi~ 6.30 min ABSTRACTION COEFF: 0.20 TcReach - Sheet L: 100.00 ns:0.2400 p2yr: 4.20 s:0.0155 TcReach - Channel L:3350.00 kc:42.00 s:0.0144 PEAK RATE: 17.25 cfs VOL: 31.57 Ac-ft TI,ME: 3300 min BASIN ID: UP-100 NAME: UPSTREAM BASIN - 100 SBUH METHODOLOGY TOTAL AREA ....... : 90.00 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE .... : KC7 PERV IMP PRECIPITATION .... : 10.10 inches AREA..: 49.00 Acres 41.00 Acres TIME INTERVAL .... : 60.00 min CN .... : 86.00 98.00 TC .... : 24.87 min 6.30 min ABSTRACTION COEFF: 0.20 TcReach - Sheet L: 100.00 ns:0.2400 p2yr: 4.20 s:0.0155 TcReach - Channel L:3350.00 kc:42.00 s:0.0144 PEAK RATE: 34.33 cfs VOL: 62.17 Ac-ft TIME: 3300 min BASIN ID: UP-2 NAME: UPSTREAM BASIN - 2 SBUH METHODOLOGY TOTAL AREA ....... : 90.00 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE .... : KC7 PERV IMP PRECIPITATION .... : 4.20 inches /LREA..: 49.00 Acres 41.00 Acres TIME INTERVAL .... : 60.00 min CN .... : 86.00 98.00 TC .... : 24.87 min 6.30 min ABSTRACTION COEFF: 0.20 TcReach Sheet L: 100.00 ns:0.2400 p2yr: 4.20 s:0.0155 TcReach - Channel L:3350.00 kc:42.00 s:0.0144 PEAK RATE: 11.17 cfs VOL: 20.73 Ac-ft TIME: 3300 min BASIN ID: UP-25 NAME: UPSTREAM BASIN - 25 SBUH METHODOLOGY TOTAL AREA ....... : 90.00 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE .... : KC7 PERV IMP PRECIPITATION .... : 6.60 inches AREA..: 49.00 Acres 41.00 Acres TIME INTERVAL .... : 60.00 min CN .... : 86.00 98.00 TC .... : 24.87 min 6.30 min ABSTRACTION COEFF: 0.20 TcReach - Sheet L: 100.00 ns:0.2400 p2yr: 4.20 s:0.0155 TcReach - Channel L:3350.00 kc:42.00 s:0.0144 PEAK RATE: 20.38 cfs VOL: 37.14 Ac-ft TIME: 3300 min SECTION IV RETENTION / DETENTION ANALYSIS AND DESIGN 15 SECTION IV RETENTION / DETENTION ANALYSIS AND DESIGN This project will provide an onsite infiltration system since the Panther Lake Regional Stormwater Detention Facility is to far away to utilize. This section will look at existing and developed flows from this site. The developed conditions will incorporate the future conditions of the project site. This project lies within one overall drainage basin. (See Overall Drainage Map in Appendix) The requirements of the BW-2 o 7 day storm events will be used The following parameters were used in the development of the existing and developed flows: * Methodology / Precipitation: KCSWDM 7-day (Barker) Hydrograph Methodology 7 day Precipitation 2 year = 4.4 inches, 10 year = 5.95 inches, 100 year = 7.8 inches * Basin Size: Site is about 13.85 acres. * CN The curve numbers (CN) comes from the soil type and land use. The soils around this site and surrounding land are mostly Alderwood gravelly sandy loam soils, These soils for the most part are moderately well drained soils that have a weakly consolidated to strongly consolidated substratum at a depth o.f 24 to 40 inches. Existing Conditions: The majority of this site is covered with young trees with a thick undercover of vegetation. So using a land use description of" Wood or forest land, young second growth or brush with cover crop" and a soil group of"C" (Alderwood), the CN for existing conditions will be "81". Future Conditions: There will be two CN numbers for the developed conditions. The grassed or landscape areas in good condition will utilize a CN of 86. The impervious areas will utilize a CN of 98. This analysis assumes about 2.2 acres of impervious roadway surfacing and with an assumed 2,000 s.fi of impervious surface per lot, a total of 4.4 acres of improved area (this assumes no individual lot infiltration systems). 16 Time of Concentration (Tc) Existing: The existing basin flow travel path starts at the Southeast comer of the project and continue to the northwesterly comer of the site. The first 300' drops 13', for a slope of 4.3 %. The next 740' drops 17' for a slope of 2.3 %. Proposed: The developed site's travel path will still start at the southeast comer and continue to the northwesterly comer of the site. The first 250' will still flov~ overland on grass on about a 4% slope. It will continue 690' on the new road or in a conveyance system to the detention pond dropping 18', for a slope of 2.6 %. Infiltration rate Per the Geotechnical Report, the soils would support an infiltration rate of 16 inches per hour. Adding a safety factor of 2 would bring this down to 8 inches per hour for calculation purposes. Preliminary Discharge Volumes Peak flow (in cubic feet per second) at events: Event Existing Developed CFS CFS 2 year/7 day 0.52 1.43 10 year/7 day 1.13 2.28 100 year/7 day 3.09 4.71 The proposed infiltration pond will have the following elevation at the above events: Note the infiltration pond has an overflow weir at elevation 351.00, no overflow is expected. Elevation Infiltration rate 2 year/7 day 348.10 1.35 cfs 10 year/7 day 348.10 1.13 cfs 100 year/7 day 350.30 2.26 cfs Overflow is at 351.00 The following pages are from the computer-modeling program called "Waterworks", which is a computer aided hydraulic modeling program. 17 11/il/99 3:55:7 pm ESM Inc. page 1 INFILTRATION POND AT KELLER BASIN SUMMARY BASIN ID: DEV-10 NAME: DEVELOPED 10 YEAR SBUH METHODOLOGY TOTD~L AREA ....... : 13.85 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE .... : KC7 PERV IMP PRECIPITATION .... : 5.80 ihches AREA..: 9.45 Acres 4.40 Acres TIME INTERVAL .... : 60.00 min CN .... : 86.00 98.00 TC .... : 45.29 mi~ 5.00 min ABSTRACTION COEFF: 0.20 TcReach - Sheet L: 250.00 ns:0.4100 p2yr: 2.10 s:0.0400 TcReach - Shallow L: 690.00 ks:27.00 s:0.0260 PEAK RATE: 2.28 cfs VOL: 4.52 Ac-ft TIME: 3300 min BASIN ID: DEV-100 NAME: DEVELOPED 100 YEAR SBUH METHODOLOGY TOTAL AREA ....... : 13.85 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE .... : KC7 PERV IMP PRECIPITATION .... : 10.10 inches AREA..: 9.45 Acres 4.40 Acres TIME INTERVAL .... : 60.00 min CN .... : 86.00 98.00 TC .... : 45.29 min 5.00 min ABSTRACTION COEFF: 0.20 TcReach - Sheet L: 250.00 ns:0.4100 p2yr: 2.10 s:0.0400 TcReach - Shallow L: 690.00 ks:27.00 s:0.0260 PEAK RATE: 4.71 cfs VOL: 9.16 Ac-ft TIME: 3300 min BASIN ID: DEV-2 - NAME: DEVELOPED 2 Y~AR SBUH METHODOLOGY TOTAL AREA ....... : 13.85 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE .... : KC7 PERV IMP PRECIPITATION .... : 4.20 inches AREA..: 9.45 Acres 4.40 Acres TIME INTERVAL .... : 60.00 min CN .... : 86.00 98.00 TC .... : 45.29 min 5.00 min ABSTRACTION COEFF: 0.20 TcReach - Sheet L: 250.00 ns:0.4100 p2yr: 2.10 s:0.0400 TcReach - Shallow L: 690.00 ks:27.00 s:0.0260 PEAK RATE: 1.43 cfs VOL: 2.89 Ac-ft TIME: 3300 min BASIN ID: EX-10 NAME: EXISTING 10 YEAR SBUH METHODOLOGY TOTAL AREA ....... : 13.'85 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE .... : KC7 PERV IMP PRECIPITATION .... : 5.80 inches AREA..: 13.85 Acres 0.00 Acres TIME INTERVAL .... : 60.00 min CN .... : 81.00 0.00. TC .... : 74.11 min 0.00 min ABSTRACTION COEFF: 0.20 TcReach - Sheet L: 300.00 ns:0.4000 p2yr: 2.10 s:0.0430 TcReach - Shallow L: .740.00 ks:3.00 s:0.0230 PEAK RATE: 1.13 cfs VOL: 2.94 Ac-ft TIME: 3360 min 11/11/99 3:55:7 pm ESM Inc. page 2 INFILTRATION POND AT KELLER BASIN SUMMARY ' BASIN ID: EX-100 NAME: EXISTING 100 YEAR SBUH METHODOLOGY TOTAL AREA ....... : 13.85 Acres BASEFLOWS: 0.Q0 cfs RAINFALL TYPE .... : KC7 PERV IMP PRECIPITATION .... : 10.10 inches AREA..: 13.85 A~res 0.00 Acres TIME INTERVAL .... : 60.00 min CN .... : 81.00 0.00 TC .... : 74.11 min 0.00 min ABSTRACTION COEFF: 0.20 TcReach - Sheet L: 300.00 ns:O.4000 p2yr: 2.10 s:0.0430 TcReach - Shallow L: 740.00 ks:3.00 s:0.0230 PEAK RATE: 3.09 cfs VOL: 7.12 Ac-ft TIME: 3360 min BASIN ID: EX-2 NAME: EXISTING 2 YEAR SBUH METHODOLOGY TOTAL AREA ....... : 13.85 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE .... : KC7 PERV IMP PRECIPITATION .... : 4.20 inches AREA..: 13.85 Acres 0.00 Acres TIME INTERVAL .... : 60.00 min CN .... : 81.00 0.00 TC .... : 74.11 min 0.00 min ABSTRACTION COEFF: 0.20 TcReach - Sheet L: 300.00 ns:0.4000 p2yr: 2.10 s:0.0430 TcReach - Shallow L: 740.00 ks:3.00 s:0.0230 PEAK RATE: 0.52 cfs VOL: 1.60 Ac-ft TIME: 3360 min 11/11/99 3:55:7 pm ESM Inc. page 3 INFILTRATION POND AT KELLER STAGE STORAGE TABLE TRAPEZOIDAL BASIN ID No. POND-1 Description: BASIN Length: 175.00 ft. Width: 50.00 ft. Side Slope 1: 3 Side Slope 3: 3 Side Slope 2: 3 Side Slope 4: 3 Infiltration Rate: 7.50 min/inch - STAGE < .... STORAGE .... · STAGE < .... STORAGE .... · STAGE < .... STORAGE .... · STAGE < .... STORAGE .... · (ft) ---cf ..... Ac-Ft- (ft) ---cf ..... AC-Ft- (ft) ---cf ..... Ac-Ft- (ft) ---cf ..... AC-Ft- 348.00 0.0000 0.0000 349.10 10458 0.2401 350.20 22645 0.5199 351.30 3665? 0.8415 348.10 881.76 0.0202 349.20 11493 0.2638 350.30 23842 0.5473 351.40 38025 0.8729 348.20 1777 0.0408 349.30 12542 0.2879 350.40 25054 0.5752 351.50 39408 0.9047 348.30 2686 0.0617 349.40 13606 0.3123 350.50 26281 0.6033 351.60 40808 0.9368 348.40 3609 0.0828 349.50 14684 0.3371 350.60 27524 0.6319 351.70 42224 0.9693 348.50 4545 0.1043 349.60 15777 0.3622 350.70 28782 0.6607 351.80 43655 1.0022 348.60 5496 0.1262 349.70 16885 0.3876 350.80 30055 0.6900 351.90 45104 1.0354 348.70 6460 0.1483 349.80 18007 0.4134 350.90 31344 0.7196 352.00 46568 1.0691 348.80 7438 0.1708 349.90 19144 0.4395 351.00 32649 0.7495 348.90 8430 0.1935 350.00 20296 0.4659 351.10 33969 0.7798 349.00 9437 0.2166 350.10 21463 0.4927 351.20 35305 0.8105 11/11/99 3:55:8 pm ESM Inc. page 4 INFILTRATION POND AT KELLER STAGE STORAGE TABLE Infiltration Rating Curve for Storage Struct POND-1 STAGE (-INFILTRATION-) STAGE (-INFILTRATION-) STAGE <-INFILTRATION-) STAGE <-INFILTRATION-) (ft) ---els ......... (ft) ---cfs ......... (ft) ---cfs ......... (ft) ---cfs ......... 348.00 1.6204 349.10 1.9187 350.20 2.2341 351.30 2.5665 348.10 1.6468 349.20 1.9467 350.30 2.2636 351.40 2.5976 348.20 1.6734 349.30 1.9748 350.40 2.2933 351.50 2.6288 348.30 1.7001 349.40 2.0031 350.50 2.3231 351.60 2.6601 348.40 1.7269 349.50 2.0315 350.60 2.3530 351.70 2.6916 348.50 1.7539 349.60 2.0600 350.70 2.3831 351.80 2.7232 348.60 1.7810 349.70 2.0887 350.80 2.4133 351.90 2.7550 348.70 1.8083 349.80 2.1175 350.90 2.4437 352.00 2.7869 348.80 1~8357 349.90 2.1464 351.00 2.4742 348.90 1.8632 350.00 2.1755 351.10 2.5048 349.00 1.8909 350.10 2.2048 351.20 2.5356 11/11/99 3:55:8 pm ESM Inc. page 5 INFILTRATION POND AT KELLER STAGE DISCHARGE TABLE NOTCH WEIR ID No. WEIR-1 Description: OVERFLOW WEIR Weir Length: 5.0000 ft. Weir height (p): 1.0000. ft. Elevation : 351.00 ft. Weir Increm: 0.10 STAGE <--DISCHARGE---, STAGE <- -DISCHARGE--- m STAGE <--DISCHARGE- - - ~ STAGE <--DISCHARGE--- > (ft) ---cfs ......... (ft) ---cfs ......... (ft) ---cfs ......... (ft) ---cfs ......... 351.00 0.0000 351.00 0.0000 351.00 0.0000 351.00 11/11/99 3:55:11 pm ESM Inc. page 6 INFILTRATION POND AT KELLER LEVEL POOL TABLE SUMM/LRY MATCH INFLOW -STO- -DIS- <-PEAK-> OUTFLOW STORAGE < ........ DESCRIPTION ......... · (CfS) (cfs) --id- --id- <-STAGE> id (els) ~DL (cf) 2 YEAR ....................... 0.52 1.43 POND-1 WEIR-1 348.10 4 1.35 881.76 cf 10 YEAR ...................... 1.13 1.13 POND-1 WEIR-1 348.10 5 1.13 881.76 cf 100 YEAR ..................... 3.09 4.71 POND-1 WEIR-1 350.30 6 2.26 23795.27 cf SECTION V SPECIAL REPORTS AND STUDIES 24 SECTION V SPECIAL REPORTS AND STUDIES A Traffic Report is included in the Preliminary Plat Submittal. Other reports may be included in the Final Technical Report. 25 SECTION VI - EROSION / SEDIMENTATION CONTROL PLAN 26 SECTION VI EROSION / SEDIMENTATION CONTROL PLAN The erosion control plan will be part of the final construction drawings. They will conform to the City of Federal Way's requirements. 27 · APPENDIX Culvert Calculator Report 48" park and ride culvert Solve For. Discharge Culvert Summa[y Allowable HW Elevation 343.53 ff Headwater Depth/Height 0.85 Computed Headwater Elevation 343.53 ft Discharge 50.17 cfs Inlet Control HW Elev 343.25 fl Tailwater Elevation 339.56 ft Outlet Control HW Elev 343.53 ft Control Type Outlet Control Grades Upstream Invert 340.13 ff Downstream Invert 339.56 ff length 115.00 ff Constructed Slope 0.004957 Hydraulic Profile Profile S2 Depth, Downstream 1.99 Slope Type Steep Normal Depth 1.99 ft Flow Regime Supercritical Critical Depth 2.13 ft Velocity Downstream 8.03 ft/s Critical Slope 0.003980 ft/ft Section Section Shape Circular Mannings Coefficient 0.013 Section Material Concrete Span 4.00 ft Section Size 48 inch Rise 4.00 ft Number Sections 1 Outlet Control Properties Outlet Control HW Elev 343.53 ff Upstream Velocity Head 0.85 ff Ke .0.50 Entrance Loss 0.42 ft Inlet Control Properties Inlet Control HW Elev 343.25 ft Flow Control Unsubmerged Inlet Type Square edge w/headwatl Area Full 12.6 ft~ K 0.00980 HDS 5 Chart 1 M 2.00000 HDS 5 Scale 1 C 0.03980 Equation Form 1 Y 0.67000 Project Engineer. Stuart Scheueman i:~esm-jobs~770\0 l~locument~,eller.cvm ESM, Inc. CulvertMaster vl.0 11116/99 02:36:08 PM © Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755-1666 Page 1 of 1 Comprehensive Surface Wat~ acilit~[ Plan--Phase I... Problem Area 4 (Existing and Future Land Use)--Near the Fred Meye.r store, east of 21st Avenue SW : Structure WH15T0040 is a catchbasin in the lower reach of the main trunk draining subbasin WH15 into the western drainage corridor to Panther Lake. The trunk pipe diameter is 48 inches downstream of WH15T0040 to the catchbasin north of SW 336th St. Further downstream, the pipe size is 66 inches. The model predicts that WHIST0040 will overflow, causing minor flooding (less than 0.1 acre-feet) during the 25--year event with existing development conditions. During the 25ryear storm with future conditions and 100- year storm with existing conditions, flooding at WH15T0040 is predicted to be a nuisance (0.65 to 0.75 acre-feet), and minor flooding (less than 0.1 acre-feet) is expected at the catchbasin north of SW 336th St. Flooding from WH15T0040 would likely flow north along 21st Avenue SW to a catchbasin that is not flooding. Problem Area 5 (Existing and Future Land Use)--Trunk system along 21st Avenue SW between SW 354th Street and SW 356th Street Structure WH15T0165 is a catchbasin in the upper reach of the main trunk that drains subbasin WH15 to the western drainage corridor to Panther Lake. The trunk pipe diameter is 24 inches downstream of WH15T0165 to catchbasin WH15T0150 and 30 inches from there to catchbasin WHIST0130. It is predicted that trace flooding will be experienced in the vicinity of WH15T0150 and WH15T0165 during the 10-year event for future conditions and the 100-year event for existing conditions. Flooding would likely flow north along 21st Avenue SW to a catchbasin that is not flooding. Problem Area 6 (Existing and Future Land Use)--Su~face Flooding in Springwood Park No. 2 Residential Subdivision Approximately 0.6 acre-feet of flooding for the 100-year storm and 0.3 acre-feet of flooding for the 25-year storm are predicted under future conditions along 6th Avenue S, in the Springwood Park No. 2 residential subdivision, and in the vicinity of 6th Avenue South and South 320th Street. The flooding is predicted along a 24-inch diameter portion of the trunk system. The problem can be attributed to an inadequate pipe size in addition to excessive upstream flow rates. Problem Area 7 (Existing and Future Land Use)--Surface flooding in Quiet Forest #3 Subdivision Approximately 0.9 acre-feet of flooding for the 100-year storm and 0.3 acre-feet of flooding for the 25-year storm are predicted under future conditions in the vicinity of the most downstream segment of the trunk system that passes through the Quiet Forest #3 subdivision. This problem can be attributed to an undersized portion of trunk. The conveyance system in the problem area consists of 30-inch diameter CMP; the conveyance system immediately downstream is made up of 36-inch diameter CMP. Other Areas of Concern Other areas within this trunk system warrant close observation, particularly during storms. Although these areas did not meet the definition of a problem area, the potential for 6-4 Exhibit H: Wetland and Stream Determination, prepared by B-twelve Associates, dated December 2, 1999 (Note: Although titled for the adjacent proposed Belle Meadow Preliminary Plat, this report includes the proposed Keller Preliminary Plat site.) B-twelve AssOciates, Inc. 1103 W. Meeker St. (v) 253-859-0515 Suite C (0 253-852-4732 Kent, WA 98032-5751 (e) info@b12assoc.com December 2, 1999 Mr. Dick Schroeder F~,E~E~,VF----[~ Happy Valley Land Company P.O. Box 1324 '~ Issaquah, WA 98027 Gt't-Y OF RE: Wetland and Stream Determination ~ot~INo DEPT. Belle Meadow, Federal Way/Job #99-223 Dear Mr. Schroeder, Per your request, we have completed the stream and wetland determination on your property in Federal Way. We have also inspected the Keller property that is adjacent to the Belle Meadow site. On October 8, 1999 Ed Sewall and I inspected the Belle Meadow site to identify any jurisdictional wetlands and/or streams that may exist. On November 16, 1999, Ed Sewall inspected the Keller property in order to determine whether a stream exists onsite. On November 19, 1999, Ed and I looked again at the Keller property. The purpose of our multiple site visits was to confirm the status df a potential wetland area and a potential stream onsite. METHODOLOGY A combination of field indicators, including vegetation, soils, and hydrology were used to determine whether there were any wetlands onsite. The potential wet area on site was reviewed using methodology described in the Washington State Wetlands Identification Manual (WADOE, March 1997). This is the methodology currently recognized by the City of Federal Way and the State of Washington for wetland determinations and delineations. The wet area identified was also reviewed using the methodology described in the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory, 1987), as required by the US Army Corps of Engineers. Both the Washington State 'Wetlands Identification Manual and the 1987 Federal Manual require the use of the three-parameter approach in identifying and delineating wetlands. A wetland should sUpport a predominance of hydrophytic vegetation, have hydric soils, - and display wetland hydrology. To be considered hydrophytic vegetation, over 50% of the dominant species in an area must have an indicator status of facultative (FAC), facultative wetland (FACW), or obligate wetland (OBL), according to the National List RE: Belle Meadow/Job//99-223 B-twelve Associates December 2, 1999 Page 2 of Plant Species That Occur in Wetlands: Northwest (Region 9) (Reed, 1988). A hydric soil is "a soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part" (WADOE, March 1997): Anaerobic conditions are indicated in the field by soils with low chromas (2 or less), as determined by using the Munsell Soil Color Charts; iron oxide mottles; hydrogen sulfide.odor, and other indicators. Generally, wetland hydrology is defined by inundation or saturation to the surface for a consecutive period of 12.5% or greater of the growing season. Areas that contain indicators of wetland hydrology between 5 %- 12.5% of the growing season may or may not be wetlands depending upon other indicators. Field indicators include visual observation of soil inundation, saturation, oxidized rhizospheres, water marks on trees or other fixed objects, drif~ lines, etc. Under normal circumstances, indicators of all three parameters will be present in wetland areas. OBSERVATIONS Existing Site Documentation Prior to visiting the site, a review of several natural resource inventory maps was conducted. Resources reviewed include the National Wetlands Inventory Map, the King County Area Soil Survey (Snyder et al. 1973), and the King County Sensitive Areas Folio. The National Wetlands Inventory Map showed no wetlands on or within 100 feet of the site. According to the Soil Survey for the KingCounty area, (Snyder et al.. 1973) the site is mapped as having two types of Alderwood soils. Alderwood soils are not considered to be hydric soils, according to the publication Hydric Soils of the United States (USDA. ' NTCHS.Pub No.1491, 1991). The King County Sensitive Areas Folio showed neither wetlands nor streams on or within 100 feet of the site. Field Observations A. Wetland B-twelve found an area of approximately 1,000-2,000 square feet on the southwest side of the property that meets some criteria for wetlands (see Exhibit A; labeled as "septic' system"). Plants in this area include bent grass (Agrostis alba), curly dock (Rurnex crispus), and willow herb (Epilobiurn ciliaturn). The soils are mottled and mixed, and water began filling our test hole after ten minutes. Although the area appeared to meet wetland criteria, our research indicates that it is in fact the-septic drainfield for the hoUSe at 3~.~.~.0 21~t Avenue SW (see Exhibit B, from the King County Health Department). RE: Belle Meadow/Job #99-223 B-twelve Associates December 2, 1999 Page 3 Because the wet area is being created by this septic system, and is therefore an artificial wetland, the area will not be regulated as a wetland by the City of Federal Way. B. Stream During our October 8, 1999 site visit, an apparent small stream channel oriented in a north-south direction was observed near the center of the Belle Meadow property (see Exhibit A). In some areas, the channel resembles a ditch; in other areas, it is a shallow swale. The soil at the south end of the channel is 10YR 4/4, which does not indicate hydric conditions. The plants at this data point are dominated by bentgrass (Agrostis sp.), thistle (Cirsium arvense), and tansy (Seneciojacobaea). The soil at a data point in the upland area is also 10 YR. 4/4. The point was located in a pasture that has primarily agrostis, thistle, willow herb, and tansy, as well as small patches of blackberry (Rubus discolor), and scattered patches of red alder (Alnus rubra) and Douglas fir (Pseudotsuga menzieseiO. Visiting the Keller property (immediately south of Belle Meadow) on November 16, 1999, Ed Sewall observed water running through this channel, beginning at a culvert on the south side of the Keller property. At this time, it had been raining heavily for several days. When we visited the site again on November 19, there w~ no rtmning water; therefore, we concluded that water fills this drainage swale only after heavy rainfall/storms. For this reason, we believe the swale on the Keller and Belle Meadow properties is a storm conveyance channel and should not be considered a stream. This opinion is supported by the technical information report (TIR) for the Federal Way Park & Ride Lot//2 (the property just north of the Belle Meadow property), dated April 29th, 1998. This report contains a storm drainage basin analysis that describes most of the drainage feature flowing north from Rosella Lake Plat to 19th Avenue SW as a "natural grassy swale" (page 1-2). The water flowing north from the Keller property begins at the Rosella Lake Plat detention pond outfall, according to the TIR (see Exhibit A). This runoff then follows the grassy swale that meanders north, through the southeast comer of the Park & Ride property, and continues until it reaches an 18-inch inlet pipe located at the south side of Fred Meyer. According to the report, "This 18-inch pipe connects to a closed system on 19th Avenue SW...that flows north into the west tributary to Panther Lake" (page 1). B-twelve believes that the water flowing through the drainage swale on the Keller and Belle Meadow prope/ties can be picked up in a culvert. CONCLUSIONS After three site visits to the Belle Meadow site and/or adjacent properties, we conclude that there are no regulated wetlands on the site. We also conclude that the channel crossing the site functions as a storm conveyance system and should not be regulated as a stream. RE: Belle Meadow/Job//99-223 B-twelve Associates December 2, 1999 Page 4 If you have any questions in regards to this report or need additional information, please feel free to contact our office at (253) 859-0515. Thank you.. Sincerely, B-twelve Associates, Inc. Darcey B. Miller Assistant Wetland Scientist Cc: Stuart Scheuerman/ESM File: dng99223-detO2.doc EXHIBIT B Exhibit I: King County Certificate of Sewer Availability from Lakehaven Utility District, dated July 2, 1998 " - Please tatum to:. (- I ~ ',iS cerlifica:o provides lbo //~ ~ ~.."~'~ ; '-~-~-~-~ ......... ~pa~monl ol Hoallh and the ~pa~ment of DeveloPment and ~[-~ ~J~ ~cnt of~lopmcat ~d lvironmental So.ices with formalion nece~ lo evaluale ~___~.ECEIVED~ ~ ~ O~¢ Avcnu¢ Sou~w~ ~volo~enlpropo$als. ~u~HYDEVELOPME~DEPAR~nto~ WA 98055-1219 KING COUNt{ CERTIFICATE OF SEWER AVAI~.BILI~ name ~ ~uil~ing Per~C Prel~nar~ PlaC or ~UD ~ Shore Subdlvisioa R~zone or ocher ~ ~OS~D U~ '~%~ h~T~A~ (A~ach ~p & legal descriD~ion il nocessa~) ~E~R AGENCY ~FOR~ATION L. *. ~ Sewer service ~ill-be ~rovided by side suwer connection only to an existing si=e sewer feet from =he and the sewer sys=em has the capacity ~o serve the ~ro~osed use. OR b. ~ ' 5ewer service will require an impr~'vemunt to th~ sewer =ystum ~(1) ~ fee= of sewer tru~k or la,total =o reach thc and/or ~ (2) ~he construction of a collection uystem on th~ and/or ~ ('3) other (describe) a. ~ The sewer system improvement is in conformance with a County approved sewer comprehensive plan. OR: b. [] The sewer system improvement will require a sewer comprehensive plan. amendment. 3. a. ~ The proposed Project is within the corporate limits of the district, or has been granted Boundary Review Board approval for extension of service outside the district or city. OR b. [] Annexation or BRB approval will be necessary to providc service. 4. Service is subject to the followings a. Connection charge: ~ ~ * ~ ~t, at i~ ~le ~~ ~ ~ ~t to d~ ~.~y I hur~by certify ~h~ the ~bove sewer ~6ency information c=r=i~c~ion sh~ll b= v~lld for on~ year ~rom d~e of si~n~uru. Lakehaven Utility District Agency Hame Signatory Name Title Exhibit J: King County Certificate of Water Availability from Lakehaven Utility District, dated July 2, 1998 h[~O[q? Jboq? _ RECEIVED BY _ ~aseretum~o: i L ~MUN~ D~ELOPM~ DEP~~ .. This'~e~ifi~le provides the 'o~pa,~.fom~a,~ .n~,h~ OCT 15 1998 I( )ll Depadment of Development and . Environmenlal Se~ices with ~, g~ O~c Avenue Sou~w~t info~agon necessa~ to evaluaJe de~lopmen~ proposals, t KING COUNTY CERTiFiCATE OF HATER AVAZ~ILXTY  Do not wrz~e ~n th~s ~x ~u~er name ~ Juild~ng Pe~t ~Preli~nary ~lat or PUD ~ Short Subdivision ~ R~zone or other (Attach ~p & legal de~cription if neces~a~) ~R PUR~YOR ~o~TION 1. a. ~ Water -wi!b be provided by service connection only to ~ existing wa%er main feet from the site. size OR b. ~ Wa%er service will require an ~prov~ent to the water system of: ~ (1) feet of water main to reach the site; ~d/or ~ (2) the const~ction of a distribution system on ~e site; ~d/or ~ (3) other (describe) 2. a. [] The water system is in conformance with a County approved water comprehensive plan. b. 0 The water system improvement will require a water comprehensive plan amendment. [] granted Boundary Review Board approval for extension of service ouus~ the district or city, or is within the county approved service area of a private water purveyor. OR b. D Annexation or BRB approval will be necessary to provide service. 4.. a. Water ks/or will be available at the rate of flow and duration indicated below at ~ no less., than' 20 psi measured'at-'the nearest fire hydrant {-~-~D~ feet from the -~~,ro~,erty (or as ,=r~ed o..~e attached '=P}."~--~D.'--"~. ~."- D less than 500 gpm (approx.. .gpm) D less than 1 hour ........ ~ 500 to 999 ~ ~ 1 hour to 2 hours ~ 1000 gpm or more FOR ~ 2 hours or more ~ flow test of gpm ~ other ~ calculation of._L~PPm (~o~ercial Building Permits require flow OR ~b~j~a~c- ~c~t_ test or calculation) b. ~Water system is not capable of providing fire flow. * The District, at its sole d{_~tion, z=serves the ri.qht to delay or deny water service hereby certify that the above water purveyor information is true. This ~rtification sh~ll be valid for one year ~rom d[te of si~nzture. Lakehaven Utility District · Signatory Name Agency Name Tit~e LAIIE N UTILITY DISTRICT RECEIVED BY CO(~MUNITY DEVELOPMENT DEPARTMENT Hydraulic Model Fire Flow Estimate Recfuest/Reporting Form OCT 15 1998 Requested By: Date: Kathy Brown 06/30/98 Hydrant Location: SW 346tn St & 21st Ave SW 1/4 Section: F-12 Intersection: SW 346tn St & 21st Ave SW Add. Description: John Bow~.-~ 07/02/98 95LUDSFF.INP FF~80 ConditiOn Pressure (psi) Flow (gpm) Static 62 0 Fire Flow 20 8400 NOTE: The fire flow analysis was performed at a valve cluster located at SW 346tn St & 21s~ Ave SW. On-site fire flow estimates would have to be determined during design of the water system improvements. This fire flow rate will cause velocities in excess of 10 f/s within the water distribution system. A fire flow rate less than 1600 gpm will maintain flow velocities below 10 f/s. A maximum fire flow rate of 1000 gpm is available for residential development. There is no guarantee that the Hydraulic Model results will represent actual system performance. Model results depict the theoretical performance of the system under high demand conditions. Field measurements should always be obtained for design purposes. S.E. 24-21-3 RECEIVED BY ~ ~ (XD~t~UflfTY DEVEI...OPI~Et4q" D£PARTN~Et¢ CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: BELLE MEADOW PRELIMINARY PLAT APPLICATION CATEGORY: BUDGET IMPACT: N/A X CONSENT X RESOLUTION Amount Budgeted: $ 0 ORDINANCE __ STAFF REPORT Expenditure Amt: $ 0 BUSINESS __ PROCLAMATION Contingency Reqd: $ 0 HEARING STUDY SESSION FYI OTHER ATTACHMENTS: Staff Memorandum to Land Use and Transportation Committee (LUTC) dated September 26, 2000; Hearing Examiner Report and Recommendation dated September 12, 2000; Staff Report to the Hearing Examiner, dated August 17, 2000; draft City Council resolution for conditional approval of the preliminary plat. SUMMARY/BACKGROUND: Staff is requesting City Council approval of the proposed preliminary plat application, pursuant to the Federal Way Hearing Examiner's recommendation issued September 12, 2000, and LUTC recommendation issued October 2, 2000. The public hearing on the proposed plat was held August 29, 2000. CITY COUNCIL COMMITTEE RECOMMENDATION: On October 2, 2000, the LUTC unanimously voted to forward a recommendation for approval of the proposed preliminary plat to the full Council, with no changes to the Hearing Examiner's recommendation as issued. CITY MANAGER RECOMMENDATION: Motion to approve resolution for approval of the preliminary plat application. FOR INCLUSION IN COUNCIL PAC~ APPROVED (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL # DENIED 1st Reading TABLED/DEFERRED/NO ACTION Enactment Reading ORDINANCE # RESOLUTION # dOVERCC- 10/17/00 DRAFT RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF BELLE MEADOW, FEDERAL WAY FILE NO. 00-100318-00-SU. WHEREAS, the applicant Dick Schroeder, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Belle Meadow, consisting of 9.77 acres, into thirty-seven (37) single family residential lots located on the east side of the 34500 block of 21 st Avenue SW; and WHEREAS, on July 12, 2000, a Mitigated Determination of Nonsignificance (MDNS) was issued for the proposal by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act, RCW 43.21 C, and no appeals of the MDNS were filed; and WHEREAS, the Federal Way Heating Examiner held a public hearing on August 29, 2000, concerning the preliminary plat of Belle Meadow; and WHEREAS, following the conclusion of said hearing, on September 12, 2000, the Federal Way Hearing Examiner issued a written Report and Recommendation containing findings, conclusions and recommending approval of the preliminary plat of Belle Meadow, subject to conditions set forth therein; and DRAFT Res. # , Page 1 DRAFT WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-127 of the Federal Way City Code to approve, deny or modify a preliminary plat and/or its conditions; and WHEREAS, on October 17, 2000, the City Council considered the written record and the Recommendation of the Hearing Examiner, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City Codes; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions. 1. The findings of fact and conclusions of the Hearing Examiner's Recommendation, attached hereto as Exhibit A and incorporated by reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding shall be treated as such. 2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, potable water supplies, sanitary waste, parks and recreation, play grounds, and schools and school grounds and all other relevant facts, as are required by City Code and state law, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. DRAFT Res. # ., Page 2 DRAFT 3. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Approval. Based upon the recommendation of the City of Federal Way Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, the preliminary plat of Belle Meadow, Federal Way File No. 00- 100318-00-SU, is hereby approved, subject to conditions as contained in the Recommendation of the Federal Way Hearing Examiner dated September 12, 2000 (Exhibit A). Section 3. Conditions of Approval Integral. 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 City of Federal Way Hearing Examiner 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 general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or DRAFT Res. # , Page 3 DRAFT unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section $. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS __ DAY OF ., 2000. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: INTERIM CITY ATTORNEY, ROBERT S. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. DRAFT Res. # , Page 4 CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES MEMORANDUM DATE: September 26, 2000 TO: Land Use and Transportation Committee (LUTC) Phil Watkins, Chair FROM: Kathy McClung, Interim Director of Community Development Services Greg Fewins, Principal Planner Tim McHarg, AICP, Contract Senior Planner VIA: David Moseley, City Manager SUBJECT: Preliminary Plat of Belle Meadow I. SUMMARY OF APPLICATION The applicant proposes to subdivide approximately 9.77 acres into 37 single family residential lots, each having a minimum area of 7,200 square feet. The proposal includes construction of a road system, utilities, stormwater facilities, street frontage improvements, and other related infrastructure to serve the proposed residential lots. The existing single family residences and associated outbuildings located on Lots 2, 5, 6, 7, 8 and 37 of the proposed subdivision will be demolished. The application is vested and subject to the codes, policies, and regulations in place on the date of complete application, or February 18, 2000. II. REASON FOR COUNCIL ACTION Pursuant to FWCC Chapter 20, Subdivisions, the City Council issues a final decision at a public meeting, after review of the Hearing Examiner's recommendation. Consistent with city procedures, preliminary plat applications are brought to the Land Use and Transportation Committee (LUTC) for review and recommendation prior to review by the full Council. III. HEARING EXAMINER'S RECOMMENDATION City of Federal Way LUTC Report September 26, 2000 Preliminary Plat of Belle Meadow Page 1 On September 12, 2000, the Federal Way Hearing Examiner issued a report and recommendation (Exhibit A) to approve the proposed preliminary plat, as recommended by staff; after consideration of a staff report (Exhibit B) and testimony presented at an August 29, 2000, public heating; subject to the following conditions: 1. Prior to issuance of construction permits, a landscape plan, prepared by a licensed landscape architect, shall be submitted to the City for approval, and shall include the following elements: a. Required ten (10) foot Type III arterial street landscape buffer along the 21 st Avenue SW frontage; b. Open space area landscaping; c. Street trees in planter strips inside plat boundaries along the 21 st Avenue SW frontage; d. Significant tree replacement plan; and, e. Visual screening of the stormwater infiltration tract from the right-of-way with landscaping and/or fencing. 2. Prior to final plat approval, the existing structures on Lots 2, 5, 6, 7, 8 and 37, must be removed or relocated to conform to building setbacks requirements as established by Federal Way City Code (FWCC); or lot lines must be adjusted accordingly. 3. Final plat approval of the Belle Meadow subdivision shall occur simultaneously with or subsequent to final plat approval of the adjacent Keller subdivision in order to extend and provide access from SW 345th Place in the configuration indicated on the preliminary plat drawing. Alternatively, prior to issuance of construction permits, the preliminary plat drawing shall be revised and submitted to the City for approval to indicate a revised access configuration from SW 345th Place to the Belle Meadow subdivision that meets all applicable City and Fire Department requirements. 4. Prior to issuance of construction permits, the applicant shall revise the plat to redesign the northeast comer of SW 345th Place and 20th Avenue SW to construct a half-street improvement, including a minimum of twenty (20) feet of pavement, curb, gutter, streetlights, a four (4) foot planter strip with street trees, and a five (5) foot sidewalk along the entire Lot 9 frontage. 5. Prior to issuance of construction permits, the applicant shall revise the plat to remove the radius of the west right-of-way line of 20th Avenue SW along the proposed Lot 8 frontage. The west right-of-way line of 20th Avenue SW along the proposed Lot 8 frontage shall be redesigned to be perpendicular to the southern City of Federal Way LUTC Report September 26, 2000 Preliminary Plat of Belle Meadow Page 2 property line of the site and parallel to the 21st Avenue SW right-of-way. 6. Prior to issuance of construction permits, the applicant shall revise the plat to correctly label 20th Avenue SW and 16th Avenue SW, which are not currently shown. 7. The applicant shall acquire, or arrange for dedication in a form acceptable to the City, sufficient off-site right-of-way as indicated on the Preliminary Plat between the northern property line of the site and the SW 344th Street right-of-way for the extension of 18th Avenue SW. Prior to issuance of construction permits, the applicant shall submit evidence of ownership, or arrangements for dedication in a form acceptable to the City, of the required 18th Avenue SW off-site right-of-way for the review and approval of the Public Works Director. 8. Prior to final plat approval, the section of SW 344th Street from 21 st Avenue SW to 18th Avenue SW, including the full intersection of SW 344th Street and 18th Avenue SW, shall be constructed, approved and dedicated to the City. 9. Prior to issuance of construction permits, the applicant shall submit design and construction plans for two speed humps, one on SW 344th Place and one on SW 345th Place, for the review and approval of the Public Works Director. The speed humps shall be designed and located to discourage potential cut-through traffic into adjoining neighborhoods. 10. Prior to issuance of construction permits, the applicant shall submit design and construction plans for a raised pedestrian crosswalk at the regional BPA trail crossing on SW 344th Place, for the review and approval of the Public Works Director. 11. Prior to issuance of construction permits, the applicant shall submit design and construction plans for street lighting at the intersections of SW 344th Place and Southwest 345th Place with 15th Place Southwest in the vicinity of the Park Lane Neighborhood, for the review and approval of the Public Works Director. The street lighting shall be designed and located to enhance overall pedestrian and vehicular safety by increasing visibility. 12. Prior to issuance of construction permits, the applicant shall submit design and construction plans for raised pavement markers along the roadway centerline in the vicinity of Southwest 345th Place, for the review and approval of the Public Works Director. The raised pavement markers shall be located in areas where there is the potential for vehicular traffic to "drift" across the centefline while traversing curves in the roadway. City of Federal Way LUTC Report September 26, 2000 Preliminary Plat of Belle Meadow Page 3 13. Pursuant to the applicant's proposal to pay a fee-in-lieu of providing the required 63,825 square feet of on site open space and as provided by the FWCC, the most recent assessed values of all parcels comprising the subdivision site or a current appraisal value determined by an MAI certified appraiser must be submitted to the City to determine the required open space fee. Payment of the open space fee shall be required prior to final plat approval. 14. Stormwater conveyance, water quality and infiltration facilities used to control stormwater runoff from the site shall be located in a stormwater tract dedicated to the City at the time of final plat approval, unless located within improved public rights- of-way. 15. The final plat drawing must establish the required arterial street landscape buffer along the 21 st Avenue SW frontage in a separate tract to be owned in common and maintained by property owners of the residential subdivision, and prohibiting removal or disturbance of landscaping within the tracts, except as necessary for maintenance or replacement of existing plantings and as approved by the City. The arterial street landscape buffer along the 21 st Avenue SW frontage shall be maintained in a condition consistent with the approved landscape plan pursuant to Condition No. 1, above. 16. All streets shall have a minimum pavement section of three (3) inches Class B asphalt over six (6) inches of crushed surfacing to support the traffic loads. 17. Cleating for the construction of the plat improvements, including roads, stormwater improvements, and utilities, shall be generally consistent with the clearing limits depicted on the Preliminary Grading and Utility Plan that was prepared by the applicant for the preliminary plat process. The clearing limits referenced above are the approximate clearing limits necessary for road, stormwater improvements, and utility grading, and may be modified with the approval of the Community Development and Public Works Departments during final engineering review as required to reflect changes in road, stormwater improvements, and utility designs, if any. The remaining cleating beyond these limits necessary for development of the residential lots shall not be performed until such time as approved permits are issued for development of the residential lots. 18. Prior to final plat approval, all required improvements must be completed or the improvements appropriately bonded, per City code requirements. Design and construction of plat improvements shall conform to Federal Way City Code, the 1998 King County Surface Water Design Manual, the Hylebos Creek and Lower - City of Federal Way LUTC Report September 26, 2000 Preliminary Plat of Belle Meadow Page 4 Puget Sound Basin Plan, and all other applicable codes and regulations. IV. PROCEDURAL SUMMARY February 18, 2000: Application determined complete. July 12, 2000: Environmental determination issued. August 11, 2000: Notice of Public Hearing issued. August 29, 2000: Hearing Examiner public heating. September 12, 2000: Hearing Examiner's report and recommendation issued (Exhibit A).~ (Pursuant to FWCC Section 22-126, the Hearing Examiner issues a recommendation to the City Council.) October 2, 2000: City Council Land Use and Transportation Committee (LUTC) meeting. (The LUTC forwards a recommendation to the full Council for a decision at a public meeting.) October 17, 2000: City Council public meeting. (Pursuant to FWCC Section 22-127, the City Council shall consider the application at a scheduled meeting following receipt of the report and recommendation by the Heating Examiner. V. COUNCIL ACTION By action approved by a majority of the total City Council, and pursuant to FWCC Sec. 20-127, the City Council may, after considering the record of the hearing before the Hearing Examiner, oral comments received at the City Council public meeting (so long as those comments do not raise new issues or information not contained in the examiner's record), and the Hearing Examiner's written report, adopt, modify, or deny the application, based on the following decisional criteria, established at FWCC Sec. 20- ~ Note: No challenge to the Hearing Examiner's recommendation has been submitted as of the date of this memorandum. City of Federal Way LUTC Report September 26, 2000 Preliminary Plat of Belle Meadow Page 5 126(c): (1) It is consistent with the Federal Way Comprehensive Plan; (2) It is consistent with all applicable provisions of the Federal Way City Code (FWCC) Subdivision Chapter, including those adopted by reference from the comprehensive plan; (3) It is consistent with the public health, safety, and welfare; (4) It is consistent with design criteria listed in FWCC Sec. 20-2; and, (5) It is consistent with the development standards listed in FWCC Sec. 20-151 through 20-157, and 20-178 through 20-187. Findings for determining that the application is consistent with these decisional criteria are set forth in Section III, pages 2-5, of the Hearing Examiner's report and recommendation. A draft resolution (Exhibit C) recommending approval of the proposed application as recommended by the Hearing Examiner is attached for your consideration. Subject to a recommendation by the Land Use and Transportation Committee, this resolution will be included in the October 17, 2000, City Council agenda packet. List of Exhibits Exhibit A: Heating Examiner Report and Recommendation, dated September 12, 2000 Exhibit B: Staff Report to Hearing Examiner, dated August 17, 2000 Exhibit C: Draft City Council Resolution Recommending Approval of the Belle Meadow Preliminary Plat Application City of Federal Way LUTC Report September 26, 2000 Preliminary Plat of Belle Meadow Page 6 · RECEIVED BY C~TYOF~ SEP 1 5 2000  ~ 33530 1ST WAY SOUTH ' FEDERAL WAY, WA 98003-6210 September 12, 2000 . Dick Schroeder Happy Valley Land Company P.O. Box 1324 Issaquah, WA 98027 RE: PRELIMINARY PLAT OF BELLE MEADOW, FWHE#00-21 00-100318-00-SU Dear Applicant: Enclosed please find the Report and Decision relating to the above-entitled case. Very truly yours, STEPHEN K. CAUSSEAUX, JR. HEARING EXAMINER SKC/ca cc: All parties of record City of Federal Way CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: ) · ) FWHE# 00-21 PRELIMINARY PLAT OF BELLE MEADOW ) 00-100318-00-SU~ ) PROCESS IV ) ) I. SUMMARY OF APPLICATION The applicant is requesting preliminary plat approval to allow a 37 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. II. PROCEDURAL INFORMATION Hearing Date: August 29, 2000 Decision Date: September 12, 2000 At the hearing the following presented testimony and evidence: 1. Tim McHarg, City Consultant, Madrona Planning and Development Services 2. Stuart Scheuerman, ESM Consulting Engineers, 720 South 348"' St., Federal Way, WA 98003 3. Don Bowditch, 2019 SW 347t~ Place, Federal Way, WA 98023 4. Chris Kraft, 2022 SW 347t~ Place, Federal Way, WA 98023 5. Barbara Collins, 34707 18~ Ave. SW, Federal Way, WA 98023 6. Terry Gibson, Traffic Engineer for Applicant, Gibson Traffic Consultants, P.O. Box 330, Olalla, WA 98359 7. Richard Perez, City Traffic Engineer At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. Staff Report with all attachments 2. Letter from Tomich 3. Petition from Don Bowditch III. FINDINGS 1. The Hearing Examiner heard testimony, admitted documentary evidence into the record, and took this matter under advisement. 2. The Community Development Staff Report sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit "1" and incorporated in its entirety by this reference. 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC). 4. The applicant has a possessory ownership interest in a rectangular, 9.77 acre parcel of property abutting the east side of 21st Ave. SW between SW 344th St. and SW 346th St. The east property line abuts lots within the Parklane Estates Division II subdivision. The applicant requests preliminary plat approval to allow subdivision - of the site into 37 single family residential lots with a minimum lot size of 7,205 square feet. 5. The preliminary plat map shows a looped road system providing internal access to all lots. External access will be provided by 18t~ Ave. SW which the applicant will construct north from the north property line to SW 344th St. (presently under construction) which will provide access to a State park-n-ride lot to the north. The applicant will also extend 18th Ave. to the south to 345t~ Place. The applicant will also construct the north portion of SW 345~ Place along the south property line and will connect it to SW 345"~ Place in the Paddane Estates Division II subdivision. The Keller preliminary plat will construct the south portion of SW 345th Place. A 25,486 square foot Tract B located in the northcentral portion of the site is designated for a storm water detention facility. A ten foot wide landscape buffer will be installed on 21st Ave. SW across the plat frontage. 6. The applicant filed a completed application for preliminary plat approval on February 18, 2000, and in accordance with RCW 58.17.033 is subject to the comprehensive plan, zoning regulations, and land use ordinances in effect on said date. 2 7. The storm drainage facilities must comply with the 1998 King County Surface Water Design Manual as well as applicable recommendations of the Executive Proposed Basin Plan for Hylebos Creek and Lower Puget Sound. Such standards require surface water detention, biofiltration, and oil/water separation. The storm drainage system proposes to collect storm water runoff and convey it through a pipe system to a water quality biofiltration swale. The water will flow through the swale to an engineered pond where it will infiltrate into the ground. 8. The rolling topography of the site has average slopes of less than 7%. The site slopes downward from the east and west portions to the center, the proposed location for the detention pond. Vegetation includes fir, cedar, and fruit trees along with shrubs and grass. Forty-nine trees meet the definition of "significant" as set forth in the Federal Way City Code (FWCC). The applicant must remove nine significant trees to construct the required infrastructure and utilities. 9. While small birds and animals likely inhabit the site, none are threatened or endangered species. Replacement of significant trees as well as provision of buffer open space and the infiltration pond will mitigate the impacts of development on wildlife habitat. No sensitive areas such as landslide areas, erosion areas, wetlands, streams, or floodplains are located on the site. 10. The site is located within the Single Family-High Density designation of the Federal Way Comprehensive Plan and the Single Family Residential (RS-7.2) zone classification of the FWCC. Both the comprehensive plan and RS-7.2 classification ' authorize single family residential homes on minimum 7,200 square foot lot sizes. All abutting properties are also located in the RS-7.2 classification and development consists of homes on minimum 7,200 square foot lot sizes with the exception of the State park and ride facility currently under construction to the north of the site. The site is presently improved with single family residences and associated structures, all of which will be removed prior to development. 11. The street improvements detailed on pages 8-10 of the staff report are complex due to development of the plat in conjunction with the Keller preliminary plat abutting the south property line. Issues have also arisen because development of the two plats will allow extension of SW 345th Place from its present terminus in the Parklane Estates Division II subdivision to 21st Ave. SW, and the extension of 18th Ave. SW from its current terminus at the north property line of the Rosella Lane subdivision to SW $44th Street and SW $45th Place. 12. The preliminary plat map shows that the applicant will construct half street improvements on SW $44t~ Place located adjacent to the north property line. The applicant will provide a 30 foot wide right-of-way; 20 feet of pavement; vertical curb, gutter, and streetlights; a five foot sidewalk; and a four foot landscape strip with trees. Internal plat roads separated from the east and west property lines by one tier of lots extend south from SW 344"' Place to SW 345th Place. The applicant will also construct 18th Ave. SW from SW 344t~ St. to the south property line. Said road bisects the plat and will continue south through the Keller plat to SW 346th Place and the Rosella Lane plat. The applicant will construct half street improvements on SW 345th Place to emergency vehicle access standards. Upon completion of the Keller and Belle Meadow plats, SW 345~' Place will be extended from its present terminus at the east property line of Parklane Estates Division II to the west property line of a parcel not part of the plat separating the northwest portion of the Keller plat from 21st Ave. SW. The applicant and Keller will construct a temporary cul-de-sac at said location. The Keller plat will then extend SW 346~ Place to 21st Ave. SW, but at such time as SW 345th Place is extended to 21s~ Ave. SW, the Keller plat will close the 346th Place access and construct a permanent cul-de-sac. 13. The applicant will construct sidewalks along all lot frontages within the subdivision and landscaping along 21st Ave. SW., and will screen the infiltration pond. Furthermore, based upon a neighborhood meeting the applicant will install traffic calming mitigation on SW 345t~ Place and other neighborhood traffic safety improvements to include a raised pedestrian crosswalk and raised pavement markers. 14. Children residing in the plat will attend Sherwood Forest Elementary, Illahaee Junior High School, and Federal Way High School. The Federal Way School District states that elementary students will walk to Sherwood Forest because the subdivision is ' within a one mile radius. The district has approved an access route for students from the proposed subdivision to the school utilizing existing sidewalks, and will provide bus transportation for both junior high and senior high students. Existing sidewalks provide appropriate access to school bus stops for such students. The applicant must comply with the City School Impact Fee Ordinance at the time of building permit application. 15. Section 20-155(b) FWCC requires the applicant to set aside 15% of the gross plat land area as open space or in the alternative pay a fee in lieu of such dedication for the support and maintenance of City parks within the park comprehensive plan planning area in which the subdivision is located. The City parks director has approved the applicant's fee in lieu of proposal. 16. The Lakehaven Utility District will proVide both domestic water and fire flow to the site and will also provide sanitary sewer service to each lot. 17. Prior to obtaining approval of a preliminary plat the applicant must establish that the request satisfies the decision criteria set forth in Section 20-126(c) FWCC. Findings on each criteria are hereby made as follows: A. The proposed preliminary plat complies with the 1995 Federal Way Comprehensive Plan which designates the site and surrounding area as Single Family- High Density. The proposed density and lot sizes comply with the said designation. B. A preliminary plat will comply with FWCC Chapter 18, Environmental Policy; Chapter 20, Subdivisions; and Chapter 22, Zoning. The plat will also comply with all other applicable codes and regulations as conditioned hereinafter. C. The proposed preliminary plat is consistent with the public health, safety, and welfare. D. The plat complies with the design criteria set forth in Section 20-2 FWCC. The plat makes an effective use of the land; provides water, sewage, drainage, and recreational areas; promotes safe and convenient travel on streets; provides proper ingress and egress; and provides for the housing needs of the community. E. The subdivision complies with development standards set forth in Sections 20-151 through 20-157, and Sections 20-158 through 20-187 FWCC. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. The Hearing Examiner has jurisdiction to consider and make recommendations to the Federal Way City Council on the issues presented by this request. 2. The proposed preliminary plat of Belle Meadow complies with the Single Family - High Density designation of the 1995 Federal Way Comprehensive Plan and satisfies all technical criteria of the RS-7.2 zone classification of the FWCC. 3.. The proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary waste, fire protection, parks, playgrounds, schools and school grounds, and safe walking conditions. 4. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision convenient to schools, parks, and shopping opportunities, and therefore should be approved subject to the following conditions: 1. Prior to issuance of construction permits, a landscape plan prepared by a licensed landscape architect shall be submitted to the City for approval, and shall include the following elements: a. Required ten foot Type III arterial street landscape buffer along the 21st Avenue SW frontage; b. Open space area landscaping; c. Street trees in planter strips inside plat boundaries along the 21st Avenue SW frontage; d. Significant tree replacement plan; and e. Visual screening of the stormwater infiltration tract from the right-of- way with landscaping and/or fencing. 2. Prior to final plat approval, the existing structure on Lots 2, 5, 6, 7, 8, and 37 must be removed or relocated to conform to building setbacks requirements as established by the FWCC, or lot lines must be adjusted accordingly. 3. Final plat approval of the Belle Meadow subdivision shall occur simultaneously with, or subsequent to, final plat approval of the adjacent Keller subdivision in order to extend and provide access from SW 345"~ Place in the configuration indicated on the preliminary plat drawing. Alternatively, prior to issuance of construction permits, the preliminary plat drawing shall be revised and submitted to the City for approval to indicate a revised access configuration from SW 345th Place to the Belle Meadow subdivision that meets all applicable City and Fire Department requirements. 4. Prior to issuance of construction permits, the applicant shall revise the plat to redesign the southwest corner of SW $45th Place and 20"~ Avenue SW to construct a half-street improvement, including a minimum of 20 feet of pavement, curb, gutter, streetlights, a four foot planter strip with street trees, and a five foot sidewalk along the entire Lot 9 frontage. 5. Prior to issuance of construction permits, the applicant shall revise the plat to remove the radius of the west right-of-way line of 20th Avenue SW along the proposed Lot 8 frontage. The west right-of-way line of 20~ Avenue SW along the proposed Lot 8 frontage shall be redesigned to be perpendicular to the southern property line of the site and parallel to the 21st Avenue SW right-of-way. 6. Prior to issuance of construction permits, the applicant shall revise the plat to correctly label 20t~ Avenue SW and 16~h Avenue SW, which are not currently shown. 7. The applicant shall acquire, or arrange for dedication in a form acceptable to the City, sufficient off-site right-of-way as indicated on the Preliminary Plat between the northern property line of the site and the SW 344th Street right- of-way for the extension of 18th Avenue SW. Prior to issuance of construction permits, the applicant shall submit evidence of ownership, or arrangements for dedication in a form acceptable to the City, of the required 18th Avenue SW off-site right-of-way for the review and approval of the Public Works Director. 8. Prior to final plat approval, the section of SW $44~ from 21st Avenue SW to 18~h Avenue SW, including the full intersection of SW 344~ Street and 18t' Avenue SW, shall be constructed, approved, and dedicated to the City. 9. Prior to issuance of construction permits, the applicant shall submit design and construction plans for two speed humps, one on SW $44th Place and one on SW $45~' Place, for the review and approval of the Public Works Director. The speed humps shall be designed and located to discourage potential cut-through traffic into adjoining neighborhoods. 10. Prior to issuance of construction permits, the applicant shall submit design and construction plans for a raised pedestrian crosswalk at the regional BPA trail crossing on SW $44~h Place, for the review and approval of the Public Works Director. 11. Prior to issuance of construction permits, the applicant shall submit design and construction plans for street lighting at the intersections of SW 344~' Place and SW 345~ Place with 15~ Place SW, in the vicinity of the Park Lane Neighborhood, for the review and approval of the Public Works Director. The street lighting shall be designed and located to enhance overall pedestrian and vehicular safety by increasing visibility. 12. Prior to issuance of construction permits, the applicant shall submit design and construction plans for raised pavement markers along the roadway centerline in the vicinity of SW 344~' Place and 16~ Avenue SW, for the review and approval of the Public Works Director. The raised pavement markers shall be located in the areas where there is the potential for vehicular traffic to "drift" across the centerline while traversing curves in the roadway. 13. Pursuant to the applicant's proposal to pay a fee-in-lieu of providing the required 63,825 square feet of on site open space, and as provided by the FWCC, the most recent assessed values of all parcels comprising the subdivision site or a current appraisal value determined by an MAI certified appraiser must be submitted to the City to determine the required open space fee. Payment of the open space fee shall be required before final plat approval. 14. Stormwater conveyance, water quality, and infiltration facilities used to control stormwater runoff from the site shall be located in a stormwater tract dedicated to the City at the time of final plat approval, unless located within improved pubic rights-of-way. 15. The final plat drawing must establish the required arterial street landscape buffer along the 21st Avenue SW frontage in a separate tract to be owned in common and maintained by property owners of the residential subdivision, and prohibiting removal or disturbance of landscaping within the tracts, except as necessary for maintenance or replacement of existing plantings and as approved by the City. The arterial street landscape buffer along the 21st Avenue SW frontage shall be maintained in a condition consistent wil~ the approved landscape plan pursuant to Condition No. 1, above. 16. All streets shall have a minimum pavement sections of three inches Class B asphalt over six inches of crushed surfacing to support the traffic loads. 17. Clearing for the construction of the plat improvements, including roads. stormwater improvements, and utilities, shall be generally consistent with the clearing limits depicted on the Preliminary Grading and Utility Plan that was prepared by the applicant for the preliminary plat process. The clearing limits referenced above are the approximate clearing limits necessary for road, stormwater, improvements, and utility grading, and may be modified with the approval of the Community Development Services and Public Works Departments during final engineering review as required to reflect changes in road, stormwater improvements, and utility designs, if any. The remaining clearing beyond these limits necessary for development of the residential Io~ shall not be performed until approved permits are issued for development of the residential lots. 18. Prior to final plat approval, all required' improvements must be completed or the improvements appropriately bonded, per City code requirements. Desig.q and construction of plat improvements shall conform to the FWCC, 19°.98 KCSWDM, Hylebos Creek and Lower Puget Sound Basin Plan, and all other applicable codes and regulations. 8 RECOMMENDATION: It is hereby recommended to the Federal Way City Council that the preliminary plat of Belle Meadow be approved subject to the conditions contained in the conclusions above. DATED THIS /2 t.:-DAY OF September, 2000. Hearing Examiner TRANSMITTED THIS [~1--- DAY OF September, 2000, to the following: APPLICANT: Dick Schroeder Happy Valley Land Company P.O. Box 1324 Issaquah, WA 98027 AGENT/ENGINEER: ESM Consulting Engineers Stuart L. Scheuerman 720 South 348t" Street Federal Way, WA 98003 OWNER: Dick Schroeder Happy Valley Land Company P.O. Box 1324 Issaquah, WA 98027 Chris Kraft 2022 SW 347t~ Place Federal Way, WA 98023 Don Bowditch 2019 SW 347~ Place Federal Way, WA 98023 Terry Gibson P.O. Box 330 Olalla, WA 98359 City of Federal Way c/o Chris Green 33530 1st Way S. Federal Way, WA 98003 PROCESS IV Rights to Appeal Decisions of the hearing Examiner may be appealed by any person who is to receive a copy of that decision under FWCC Section 22-443. The appeal, in the form of a letter of appeal, must be delivered to the Department of Community Development Services within fourteen (14) calendar days after the issuance of the Hearing Examiner's decision. The letter of appeal must contain: 1. A statement identifying the decision being appealed, along with a copy of the decision; 2. A statement of the alleged errors in the Hearing Examiner's decision, including specific factual finds and conclusions of the Hearing Examiner disputed by the person filing the appeal; and 3. The appellant's name, address, telephone number and fax number, and any other information to facilitate communications with the appellant. The person filing the appeal shall include, with the letter of appeal, the fee established by the City of the costs of preparing a written transcript of the hearing (or in the alternative, the appellant may prepare the transcript at his or her sole costs from tapes of the hearing provided by the City).The appeal will not be accepted unless it is accompanied by the required fee and cost (or agreement of the appellant to prepare the transcript). Appeals from the decision of the Hearing Examiner will be heard by The City Council. The decision of City Council is the final decision of the City. The action of the City in granting or denying an application under this article may be reviewed pursuant to RCW 36.70C in the King County Superior Court. The Land Use Petition must be filed within twenty-one (21) calendar days after the final land use decision of the City. CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT TO THE FEDERAL WAY HEARING EXAMINER PRELIMINARY PLAT OF BELLE MEADOW FEDERAL WAY FILE NO. 00-100318-00-SU PUBLIC HEARING 2:00 p.m., August 29, 2000 City Council Chambers Federal Way City Hall 33530 First Way South TABLE OF CONTENTS I. General Information ............................................................................................................. 2 II. Consulted Departments and Agencies ................................................................................. 2 III. State Environmental Policy Act ........................................................................................... 3 IV. Natural Environment ............................................................................................................ 4 V. Neighborhood Characteristics ................................................. . ............................................. 5 VI. General Design .......................................... . .......................................................................... 5 VII. Transportation ...................................................................................................................... 8 VIII. Public Services ................................................................................................................... 10 IX. Utilities ............................................................................................................................... 11 X. Analysis of Decisional Criteria .......................................................................................... 12 XI. Findings of Fact and Conclusion ....................................................................................... 13 ×II. Recommendations .............................................................................................................. 15 XIII. List of Exhibits ................................................................................................................... 18 Report Prepared by: Tim McHarg, AICP, Contract Senior Planner August 17, 2000 CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT FOR THE PUBLIC HEARING OF AUGUST 29, 2000 PRELIMINARY PLAT OF BELLE MEADOW File No: 00-100318-00-SU Applicant: Dick Schroeder Happy Valley Land Company PO Box 1324 Issaquah, WA 98027 Phone: 425.392.2742 Agent/Engineer: ESM Consulting Engineers Stuart L. Scheuerman 720 South 348th Street Federal Way, WA 98003 Phone: 253.838.6113 Owner: Dick Schroeder Happy Valley Land Company PO Box 1324 Issaquah, WA 98027 Action Requested: Preliminary plat approval of a 37-1ot single-family residential subdivision as provided for under Federal I~ay City Code (FWCC) Chapter 20, "Subdivisions," and requiring approval pursuant to FWCC Section 20-110. Staff Representative: Tim McHarg, AICP, Contract Senior Planner Phone: 206.297.2106 Staff Recommendation: Preliminary Plat Approval with Conditions I. GENERAL INFORMATION A. Description of the Proposal The applicant proposes to subdivide approximately 9.77 acres into 37 single-family residential lots, each having a minimum area of 7,200 square feet (Exhibit A). The proposal includes construction of a road system, utilities, stormwater facilities, .street frontage improvements, and other related infrastructure to serve the proposed residential lots. The existing single-family residences and associated outbuildings located on _Lots 2, 5, 6, 7, 8, and 37 of the proposed subdivision will be demolished. B. Location The subject property is located in the City of Federal Way. The subject property is located on the east side of the 34500 block of 21 st Avenue SW (Exhibit B). C. Legal Description See Exhibit C. D. Size of Property The subject site has a land area of 425,499 square feet (9.77 acres). E. Land Use and Zoning Site RS-7.2~ Single Family - High Density SFR2 (To be demolished) North RS-7.2 Single Family - High Density Vacant, WSDOT Park and Ride (under construction) South RS-7.2 Single Family - High Density SFR, Proposed Keller Preliminary Plat East RS-7.2 Single Family - High Density SFR West RS-7.2 Single Family - High Density SFR F. Background The application for the preliminary plat of Belle Meadow was submitted on January 26, 2000. The application was determined complete on February 18, 2000. II. CONSULTED DEPARTMENTS AND AGENCIES The following departments, agencies, and individuals were advised of this application. A. Community Development Review Committee (CDRC), consisting of the Federal Way Community Development Services Planning and Building Divisions; Public Works ~ RS-7.2 = Single-family residential, 7,200 SF minimum lot size. 2 SFR = Single-family residential. Hearing Examiner Staff Report Page 2 Preliminary Plat of Belle Meadow 00-100319-00-SU Engineering and Traffic Divisions; Parks Recreation and Cultural Resources Department; Federal Way Department of Public Safety (Police); Federal Way Fire Department; Lakehaven Utility District; 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 a notice of the application and a notice of the August 29, 2000, public hearing. The site and the City's official notice boards were posted, and notice was published in the newspaper. Three public comment letters were received regarding the notice of application (Exhibits D. 1-D. 3) before the established deadline of March 8, 2000. In addition, one comment letter was received on June 14, 2000, after the public comment period had ended (Exhibit E). As of the date of this report, no comments were received in response to the notice of public hearing. 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 determination. In addition, the site and the City's official notice boards were posted, and notice was published in the newspaper. No comments or appeals were received before the established deadline of August 9, 2000. No changes or corrections were made to the City's initial environmental determination. III. STATE ENVIRONMENTAL POLICY ACT A. A Mitigated Environmental Determination of Nonsignificance (MDNS) was issued for the proposed action on July 12, 2000 (Exhibit F). This determination was based on review of information in the project file, including the environmental checklist, resulting in the conclusion that the proposal would not result in probable significant adverse impacts on the environment provided the following measures are complied with: 1. The applicant shall either: a. Construct the following impacted Transportation Improvement Plan (TIP) project as required by the Public Works Department, before issuance of Final Plat Approval; or, b. Contribute the project's pro-rata share of the construction cost of the following TIP project before issuance of Final Plat Approval: 1. S 356th St - Is' Ave S to SR99: Widen to five 15 trips 1,792 trips 0.84% $7,205,000 $60,520 lanes 2. 21st Ave SW/SW 35Th St: SW 3560` St - 22"a 18 trips 2,287 trips 0.79% $750,000 $5,925 Ave SW: Extend two lane connector TOTAL t $66,175 Hearing Examiner Staff Report Page 3 Preliminary Plat of Belle Meadow 00-100319-00-SU 2. The applicant shall design and construct all necessary traffic calming devices to mitigate neighborhood traffic impacts in coordination with neighborhood groups and in compliance with City requirements. These devices may include speed humps, traffic circles, chicanes, curb extensions, signs, pavement markings, or any other device proposed by the applicant and/or neighborhood residents and appgoved by the Public Works Director. Before issuance of Preliminary Plat Approval, the applicant shall submit plans for the traffic calming devices for the review and approval of the Public Works Traffic Division. The plans shall be prepared and stamped by a licensed civil engineer registered in the State of Washington. Before issuance of Final Plat Approval, the applicant shall construct the traffic calming devices consistent with the approved plans. B. No comments or appeals were received before the established deadline of August 9, 2000. No changes or corrections were made to the City's initial environmental determination. IV. NATURAL ENVIRONMENT A. Storm Water Runoff The applicant will be required to provide storm drainage improvements to comply with all applicable Core and Special Requirements outlined in the 1998 King County Surface Water Design Manual (KCSWDM) as well as applicable recommendations of the Executive Proposed Basin Plan for Hylebos Creek and Lower Puget Sound, including surface water detention, biofiltration, and oil/water separation. A Preliminary Technical Information Report, prepared by ESM Consulting Engineers, revised June 2000 (Exhibit G), was submitted to the Department of Community Development Services and reviewed by the Public Works Department. The preliminary plat is designed to collect stormwater run-off from the buildings, streets, and landscaped areas; to convey the stormwater through a pipe system; to release the stormwater to a water quality biofiltration swale; and to infiltrate the stormwater via an engineered pond. See Section IX.c. of this report for a detailed description of proposed storm drainage facilities. B. Soils The 1973 USDA Soil Conservation Service (SCS) soil survey for King County classifies site soils as Alderwood Gravelly Sandy Loam. The Alderwood Series is characterized as moderately well drained soils, capable of adequate compaction, runoff is slow, and erosion hazard is slight. Alderwood soils are not included on the list of hydric soils prepared by the National Technical Committee on Hydric Soils. C. Topography The subject property is rolling, with average slopes of less than seven percent. The site slopes downward from the eastern and western portions toward the central area of the site. Hearing Examiner Staff Report Page 4 Preliminary Plat of Belle Meadow 00-100319-00-SU D. Vegetation On site vegetation consists primarily of domestic shrubs and grasses; fir, cedar, and fruit trees; blackberry; and other native species. All natural vegetation shall be retained on the site except that which will be removed for improvements or grading as approved in the preliminary plat (FWCC Section 20-179) and significant trees shall be.retained or replaced pursuant to FWCC Chapter 22, "Zoning." The applicant has identified 49 significant trees on site, nine of which will be removed to construct the required infrastructure and utilities improvements. Before issuance of construction permits, an approved lanc[scape plan is required pursuant to Recommended Condition No. 1 of preliminary plat approval. E. Wildlife Small birds and animals (squirrels, field mice, etc.) are likely to inhabit the site. No threatened or endangered species are known or suspected to inhabit the site. Replacement of significant trees as well as incorporation of street trees, buffer open space, and infiltration pond landscaping into the subdivision design, as proposed and as required, will help mitigate the introduction of human activities on wildlife habitat. F. Sensitive Areas King County and City of Federal Way Sensitive Areas Maps do not reveal the site to be in a problem area relative to landslides, seismic hazards, erosion, wetlands, streams, or 100-year floodplains. B-twelve Associates performed a site reconnaissance for the site and the adjacent proposed Keller Preliminary Plat to the south of the site. The conclusion of this reconnaissance was that there are no regulated wetlands or streams on the site (Exhibit H). The City confirmed the reconnaissance and accepted this conclusion. V. NEIGHBORHOOD CHARACTERISTICS The property is situated in the southwest portion of the City, in a single-family residential area. All adjacent properties are either vacant or developed with single-family residences on lots with 7,200 square feet or more per dwelling unit. 'A WSDOT Park and Ride Facility is being constructed to the north of the site. The site is currently developed with existing single-family residences and associated outbuildings located in the westerly portion of the site on Lots 2, 5, 6, 7, 8, and 37 of the proposed subdivision. These existing structures are proposed to be demolished. Before final plat approval, these structures must be removed or relocated to conform to required building setbacks, or lot lines must be adjusted accordingly. This requirement is addressed as Recommended Condition No. 2 of preliminary plat approval. VI. GENERAL DESIGN A. Subdivision Access and Roadway System Vehicular access to the proposed subdivision will be provided as follows: Hearing Examiner Staff Report Page 5 Preliminary Plat of Belle Meadow 00-100319-00-SU 1. A half street extension of SW 345th Place to and through the site from the current terminus at the boundary of the adjacent Parklane Estates, Division Two plat along the southerly property line of the site. This half street extension is dependent on, and shall be coordinated with, a half street extension of SW 345th Place proposed by the adjacent Keller Preliminary Plat to the south of the site. On the adjacent proposed Keller Preliminary Plat, SW 345th Place will terminate in a temporary cul-de-sac at the northwest corner of the site at the property line of adjacent tax lot 242103 9085. The half-street improvements on the Keller (southerly) side of SW 345th _Place will consist of 20 feet of pavement, vertical curb, gutter, streetlights, a four-foot landscape strip with street trees, and a five-foot sidewalk within a 30-foot right-of-way width. The half-street improvements on the Belle Meadow (northerly) side of SW 345~h Place will consist of eight feet of pavement, vertical curb, gutter, streetlights, a four-foot landscape strip with street trees, and a five-foot sidewalk within a 30-foot right-of-way width. Because this pavement width on the Belle Meadow site does not meet the requirements of the Federal Way Fire Department for emergency vehicle access, the approval and dedication of the half-street improvements for SW 345th Place as currently designed for the Belle Meadow Preliminary Plat shall be contingent upon the construction, acceptance, and dedication through final plat approval of the half-street improvements on the Keller (southerly) side of SW 345~h Place. This requirement is addressed as Recommended Condition No. 3 of preliminary plat approval. The applicant will redesign the SW 345th Place half-street improvements to provide the required minimum of 20 feet of pavement for the entire frontage of proposed Lot 9. This requirement is addressed as Recommended Condition No. 4 of preli~ninary plat approval. Additionally, the applicant will redesign the west right-of-way line of 20"~ Avenue SW, which is not labeled c;n the preliminary plat, along the proposed Lot 8 frontage to be perpendicular to the southern property line of the site and parallel to the 21s~ Avenue SW right-of-way. This will result in improved design alternatives for the future extension of SW 345th Place to 21s~ Avenue SW. This requirement is addressed as Recommended Condition No. 5 of preliminary plat approval. The half-street extension of SW 345th Place will also allow access via extension of 18t~ Avenue SW and SW 346th Place (which turns within the adjacent proposed Keller Preliminary Plat to run north-south) from the boundaries of the adjacent proposed Keller Preliminary Plat. However, access via these street extensions is dependent on, and shall be coordinated with, a half street extension of SW 345~ Place proposed by the adjacent Keller Preliminary Plat, as discussed above. 2. A full-street extension of 18~h Avenue SW from SW 344th Street will be developed. 18~h Avenue SW will be extended to and through the central portion of the site to SW 345th Place. The extension of 18th Avenue SW will require the applicant to acquire, or otherwise control, the off-site right-of-way between the northern property line of the site and the SW 344th Street right-of-way. This requirement is addressed as Recommended Condition No. 7 of preliminary plat approval. The section of SW 344~h Street from 21st Avenue SW to the proposed 18~' Avenue SW is currently under construction as a component of the WSDOT Park and Ride Facility Hearing Examiner Staff Report Page 6 Prelim inary Plat of Belle Meadow 00-1003 ! 9-00-SU project. The proposed extension of SW 344th Street from 18* Avenue SW to future 19~ Avenue SW is proposed for 2001-2002 by the Courtyard Village project. Therefore, before final plat approval, the section of SW 344~ Street from 21st Avenue SW to 18~ Avenue SW, including the intersection of SW 344th Street from 18th Avenue SW, will be required to be constructed, approved, and dedicated to the City in order for this access to function. This requirement is addressed as Recommended Condition No. 8 of preliminary plat approval. On-site circulation through the proposed subdivision is provided by_a full-street extension of SW 346~h Place (which tums within the adjacent proposed Keller Preliminary Plat to run north-south) from SW 345'h Place to SW 344~h Place. Additionally, full-street improvements will be developed for 20th Avenue SW, which is not labeled on the preliminary plat, to connect SW 345'h Place to SW 344'h Place in the western portion of the site, parallel to 21st Avenue SW. The public streets serving the proposed subdivision will be improved to full-street and half-street standards, as approved by the City. The City's Public Works Department and the Federal Way Fire Department have approved the subdivision access and roadway system. See Section VII.a. of this report for a d6tailed description of proposed street improvements. B. Pedestrian System Sidewalks will be provided along all lot frontages within the subdivision. Specifically, full street improvements include five-foot wide sidewalks on both sides of all streets proposed by the subdivision. Half street improvements will include a five-foot wide sidewalk on the developed side of the street on the site. Currently sidewalks are located on both sides of SW 345th Place and 21st Avenue SW. Sidewalks on both sides of SW 344'h Street are included in the approved design of this street, which is currently under construction. Sidewalks are proposed to be provided on both sides of 18~h Avenue SW and SW 346~h Place, and on the southern side of SW 345~h Place by the adjacent proposed Keller Preliminary Plat. The proposed pedestrian system within the subdivision has been designed to connect to these existing and planned sidewalks. C Landscape Buffers and Open Space In accordance with FWCC Chapter 20, "Subdivisions," landscaped buffers are specified only when the plat is adjacent to an incompatible zoning district or adjacent to an arterial street. The proposed subdivision is bordered on the north, east, and south sides by single- family residential zoning; therefore, no landscape buffers are required along these property lines. Since 21st Avenue SW to the west of the site is an arterial street, a ten-foot Type III landscape buffer is required along the site frontage pursuant to FWCC Section 20-178(a). The preliminary plat proposes locating the required ten-foot Type III landscape buffer along the 21 st Avenue SW frontage in a separate tract to be owned and maintained by the subdivision homeowners' association. Additional landscaping will be provided by street trees and screening of the infiltration pond, which will contribute to visual buffering. Street tree requirements are described in VII.a; open space requirements are described in VIII.b., and detention tract screening in IX.c.; below. Hearing Examiner Staff Report Page 7 Preliminary Plat of Belle Meadow 00-100319-00-SU VII. TRANSPORTATION A. Street Improvements In accordance with the FWCC, all street improvements must be dedicated to the City as public right-of-way and improved to applicable street standards. Specifically, full street improvements are required for 18' Avenue SW, SW 346* Place, and 21 st Avenue SW (which is unlabeled on the preliminary plat) that will connect SW 345a Place to SW 344th Place in the western portion of the site. These full street improvements wi_Ii include: 28 feet of pavement, vertical curbs, gutters, streetlights, four-foot landscape strips with street trees, five-foot sidewalks, and one-foot utility strips, within a 52-foot right-of-way width. Half street improvements are required for SW 344* Place, which will include 20-feet of pavement, vertical curb, gutter, streetlights, a five-foot sidewalk, a four-foot landscape strip with street trees, and a one-foot utility strip on the southern developed side of the street on the site, within a 30-foot right-of-way width. Half-street improvements are required on the Belle Meadow (northerly) side of SW 345* Place, which will include eight feet of pavement, vertical curb, gutter, streetlights, a four- foot landscape strip with street trees, and a five-foot sidewalk within a 30-foot right-of-way width. As discussed above in Section VI.A, this half street extension is dependent on, and shall be coordinated with, a half street extension of SW 345~ Place proposed by the adjacent Keller Preliminary Plat to the south of the site. The half-street improvements on the Keller (southerly) side of SW 345~ Place will consist of 20 feet of pavement, vertical curb, gutter, streetlights, a four-foot landscape strip with street trees, and a five-foot sidewalk within a 30-foot right-of-way width. Because the proposed pavement width on the Belle Meadow site does not meet the requirements of the Federal Way Fire Department for emergency vehicle access, the acceptance and dedication of the half-street improvements for SW 345* Place as currently designed for the Belle Meadow Preliminary Plat shall be contingent upon the construction, acceptance, and dedication through final plat approval of the half-street improvements on the Keller (southerly) side of SW 345* Place. This requirement is addressed as Recommended Condition No. 3 of preliminary plat approval. Additionally, to meet the Federal Way Fire Department pavement width requirements, the applicant will redesign the SW 345* Place half-street improvements to provide the required minimum of 20-feet of pavement for the entire frontage of proposed Lot 9. This requirement is addressed as Recommended Condition No. 4 of preliminary plat approval. The frontage of the site on 21s' Avenue SW will be improved to city standards, including 29 feet of pavement, vertical curb, gutter, a six-foot landscape strip with street trees, streetlights, an eight-foot sidewalk, and a three-foot utility strip. Sixteen feet of frontage will be dedicated along 21st Avenue SW to accommodate the southbound left turn lane and the frontage improvements. The applicant sponsored a neighborhood meeting with surrounding property owners on March 29, 2000, regarding traffic safety and potential cut-through traffic impacts resulting from the proposed residential. The meeting also addressed the traffic impacts of the Hearing Examiner Staff Report Page 8 Preliminary Plat of Belle Meadow 00-1003 i 9-00-SIJ proposed Keller residential subdivision to the south of the site. A representative from the City's Public Works Traffic Division attended the neighborhood meeting. Based on the meeting, the applicant submitted a Memorandum Regarding Neighborhood Cut-Through Traffic and Potential Traffic Calming Mitigation, May 3, 2000, prepared by Gibson Traffic Consultants for review and approval by the Public Works Director. Based on the mitigations proposed by the applicant, the public input provided at the March 29, 2000, neighborhood meeting, and current City practices, the preliminary plat_shall provide a range of traffic calming and neighborhood traffic safety improvements. These improvements include speed humps within Belle Meadow subdivision, a raised pedestrian crosswalk at the BPA trail crossing, raised pavement markers at intersections, and streetlights. Additionally, traffic-calming devices have been designed and will be constructed within the adjacent proposed Keller Preliminary Plat to mitigate neighborhood traffic impacts in compliance with current City practices. This requirement is addressed as Recommended Conditions Nos. 9, 10, 11, and 12 of preliminary plat approval. The Public Works Department and Federal Way Fire Department have approved roadway improvements, curve radii, and cul-de-sac configuration as proposed. Striping, signage, and street lighting plans shall be submitted for review and approval of the City before issuance of construction perm its. B. Adequacy of Arterial Roads This proposal has been reviewed under the State Environmental Policy Act (SEPA). Based on the FWCC and the Mitigated Environmental Determination ofNonsignificance (MDNS) issued for the proposed action on July 12, 2000, the additional traffic to be generated by this development requires off-site roadway improvements for vehicles and pro rata share contributions for projects identified in the City's Transportation Improvement Plan (TIP) impacted by the proposed subdivision. The applicant shall be required either to: a. Construct the following impacted Transportation Improvement Plan (TIP) project as required by the Public Works Department, before issuance of Final Plat Approval; or, b. Contribute the project's pro-rata share of the construction cost of the following TIP project before issuance of Final Plat Approval: I. S 356th St- Is' Ave S to SR99: Widen to five 15 trips 1,792 trips 0.84% $7,205,000 $60,520 lanes 2. 21s' Ave SW/SW 357th St: SW 356th St - 22"a 18 trips 2,287 trips 0.79% $750,000 $5,925 Ave SW: Extend two lane connector TOTAL ] $66,175 Hearing Examiner Staff Report Page 9 Preliminary Plat of Belle Meadow 00-100319-00-SU Additionally, the frontage of the site on 21st Avenue SW, an arterial street, will be improved to City standards. The frontage improvements include 29 feet of pavement, vertical curb, gutter, a six-foot landscape strip with street trees, streetlights, an eight-foot sidewalk, and a three-foot utility strip. Sixteen feet of frontage will be dedicated along 21 s' Avenue SW to accommodate the southbound left turn lane and the frontage improvements. As proposed and as conditioned, the subdivision will adequately mitigate_impacts to arterial streets. VIII. PUBLIC SERVICES A. Schools As part of the City's review of the proposal, the preliminary plat application was referred to the Federal Way School District for comments. Comments received included the following information. The proposed subdivision will be served by Sherwood Forest Elementary, Illahee Junior High, and Federal Way High Schools. Federal Way School District has indicated that Sherwood Forest Elementary School students residing in this subdivision will walk to school, because it is within a one-mile radius. An access route for these students to the school from the proposed subdivision utilizing existing sidewalks has been approved by the School District. Federal Way School District has indicated that bus transportation will be provided to Iliahee Junior High School and Federal Way High School students residing in this subdivision. The bus stop for Illahee Junior High School is located at SW 348~ Street at 13th Court SW. An access route for these students to this bus stop from the proposed subdivision utilizing existing sidewalks has been approved by the School District. The bus stop for Federal Way High School is located at 14~ Avenue SW at SW 348~ Street. An access route for these students to this bus stop from the proposed subdivision utilizing existing sidewalks has been approved by the School District. Routine adjustments to bus stop locations may be made based on student transportation needs and school bus routes. The street network of the proposed subdivision has been designed to allow for a school bus route to loop through the neighborhood on 18th Avenue SW. School impact fees, as authorized by City ordinance and collected at the time of building permit issuance, are currently $2,882.00 per single-family housing unit. School impact fees are determined on the basis of the School District's Capital Facilities Plan and are subject to annual adjustment and update. Hearing Examiner Staff Report Page I 0 Preliminary Plat of Belle Meadow 00-100319-00-SU B. Open Space The nearest city park is Saghalie Park, to the north of the subject site. Other public parks in the vicinity include Saghalie Junior High School Park to the north of the site and Sherwood Forest Elementary School Park to the east. To provide adequate recreational opportunities commensurate with new r_esidential development, FWCC Chapter 20, "Subdivisions," requires dedication of land on site for open space, or a fee-in-lieu-of payment. Specifically, FWCC Section 20-155(b) requires all residential subdivisions to provide open space of 15 percent of the gross land area of the subdivision site; or pay a fee in-lieu-of payment for all or portions of the open space area, subject to the approval of the Parks Director. Total open space required for this plat is 63,825 square feet (15 percent of the 425,499 square foot site). Pursuant to FWCC Section 20-155(b), the applicant proposes to pay a fee- in-lieu of providing required open space on-site. The Parks Director approved the fee-in- lieu proposal on March 1, 2000 (Exhibit H). The fee-in-lieu ~vill be utilized within the Park Comprehensive Plan planning area in which the subdivision is located. In accordance with FWCC Section 20-155(b), the specific fee in-lieu-of providing the required 63,825 square feet of open space for the subdivision will be calculated by determining 15 percent of the most recent assessed value of the subject properties comprising the site to be subdivided. Alternatively, an appraisal value determined by an MAI certified appraiser might be substituted for the assessed value. The fee-in-lieu shall be required to be paid to the City before final plat approval. This requirement is addressed as Recommended Condition No. 13 of preliminary plat approval. C. Fire Protection The King County 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. The Federal Way Fire Department requires that a fire hydrant be located within 350 feet of each lot. The exact location of these hydrants must be approved by the Fire Department before issuance of construction approval. IX. UTILITIES A. Sewage Disposal The applicant proposes to serve the proposed plat by a public sewer system managed by Lakehaven Utility District. An October 19, ! 999, Certificate of Sewer Availability (Exhibit /), indicates the District's capacity to serve the proposed development through a Developer Extension Agreement (DEA) between the applicant and the District. Sewer service to the site will utilize the 19'h- 21~t Avenue Sewer Trunk Extension project currently under construction by Lakehaven Utility District. Hearing Examiner Staff Report Page i ! Preliminary Plat of Belle Meadow 00-100319-00-SU B. Water Supply The applicant proposes to serve the subdivision with a public water supply and distribution system managed by the Lakehaven Utility District. An October 19, 1999, Certificate of Water Availability (Exhibit J), indicates the District's capacity to serve the proposed development through a Developer Extension Agreement (DEA). An extension of the water main in 18~ Avenue SW will serve the proposed subdivision. C. Drainage Facilities The site is located in the West Branch Hylebos Creek Basin, in an area identified by the Executive Proposed Basin Plan: Hylebos Creek and Lower Puget Sound, as having downstream conveyance, flooding, erosion, and habitat problems associated with stormwater runoff. The applicant is proposing to provide mitigation as recommended in the Basin Plan, specifically, Basin Plan Recommendation BW-2, which calls for the use of a seven-day storm event in sizing on-site detention facilities. Development of the site will create additional runoff from new impervious area. As with all paved, developed areas, the site will contribute some pollutants to ground and surface waters, as these will be washed off the site by stormwater into the drainage system. A Preliminary Technical Information Report, revised June 2000 (Exhibit G), including onsite basin comparisons, offsite analysis, and core and special requirements under the 1998 KCSWDM, was prepared by ESM Consulting Engineers. The City's Public Works Department reviewed and concurred with the conclusions of the report. Storm drainage facilities are to be designed in accordance with all applicable core and special requirements outlined in the 1998 KCSWDM, as well as applicable recommendations of the Executive Proposed Basin Plan for Hylebos Creek and Lower Puget Sound. A collection and conveyance system, biofiltration swale, and infiltration pond are proposed to provide runoff control for the site. The infiltration pond is proposed to be screened with landscaping. The approved storm drainage facilities must be constructed per FWCC requirements, before final plat approval and recording of the subdivision. X. ANALYSIS OF HEARING EXAMINER PRELIMINARY PLAT DECISIONAL CRITERIA The FWCC establishes review procedures and decisional criteria for deciding upon various types of land use applications. Pursuant to FWCC Chapter 20, 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. 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. Hearing Examiner Staff Report Page 12 Preliminary Plat of Belle Meadow 00-100319-00-SU Staff Comment: The preliminary plat application is subject to the adopted 1995 Federal Way Comprehensive Plan (FWCP), which designates the property as Single Family - High Density. The proposed land use, Single Family Residential, with 7,200 square foot minimum lot size (RS-7.2), is consistent with density allowances and policies applicable to this land use as established in the FWCP. 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 ~vith 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 with conditions as recommended by staff, the preliminary plat will comply with all provisions of the chapter. 3. The project is consistent with the public health, safety, and welfare. Staff Comment: The proposed preliminary plat would permit development of the site consistent with the current Single Family High Density land use classification of the FWCP and Comprehensive Plan Designations map. Proposed access and fire hydrant locations shall meet all requirements of the Federal Way Fire Department. Future development of the plat in accordance with applicable codes and regulations will ensure protection of the public health, safety, and welfare. 4. It is consistent with the design criteria listed in section 20-2. Staff Comment: The proposed preliminary plat would promote the purposes identified in FWCC Section 20-2, and the standards and regulations therein, as identified in the staff report, including effective use of land; provision of water, sewage, drainage, and recreational areas; promotion of safe and convenient travel on streets; provision of proper ingress and egress; and, provision for the housing needs of the community. As proposed, and with conditions as recommended by City staff, the preliminary plat application complies with all provisions of the chapter. 5. It is consistent with the development standards listed in Sections 20-151 through 157, and 20- 158 through 187. Staff Comment: Development of this site is required to comply with the provisions of FWCC Chapter 18, "Environmental Policy"; Chapter 20, "Subdivisions"; Chapter 22, "Zoning"; and all other applicable local and state development codes and regulations. As proposed, and with conditions as recommended by City staff, the preliminary plat application complies with all applicable statutes, codes, and regulations. XI. FINDINGS OF FACT AND CONCLUSIONS Based on an analysisofthe proposed action, the environmental record, and related decisional criteria, the Department of Community Development Services finds that: Hearing Examiner Staff Report Page 13 Preliminary Plat of Belle Meadow 00-100319-00-SU 1. The proposed action is to subdivide a 9.77-acre parcel into 37 single-family lots. Adjacent land uses include single-family residential and vacant parcels. There are no identified environmentally sensitive areas on the site. 2. Zoning for the site and adjacent parcels is RS-7.2. The proposed residential subdivision and density is consistent with existing adjacent land uses and zoning. 3. An Environmental Determination ofNonsignificance (MDNS) was issuec~ for this proposed action on July 12, 2000. No comments or appeals were received before the established deadline of August 9, 2000. No changes or corrections were made to the City's initial environmental determination. The environmental determination is incorporated by reference as though set forth in full. 4. 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. 5. The site is located in the West Branch Hylebos Creek drainage basin. Surface water facilities will be designed in accordance with the 1998 KCSWDM, as well as applicable recommendations of the Executive Proposed Basin Plan for Hylebos Creek and Lower Puget Sound. 6. Public access will be provided by the extension of SW 345th Place from the boundary of the adjacent Parklane Estates, Division Two plat along the southerly property line of the site. The extension of SW 345~ Place is dependent on, and will be coordinated with, an extension of SW 345th Place proposed by the adjacent Keller Preliminary Plat to the south of the site. If the extension of SW 345th Place proposed by the adjacent Keller Preliminary Plat is not constructed and dedicated as designed, the proposed access to Belle Meadow from SW 345th Place will be redesigned to meet ali applicable City standards. A second public access will be provided by the extension of 18~h Avenue SW from SW 344th Street to SW 345th Place. The extension of 18~h Avenue SW will require the applicant to acquire, or arrange for dedication in a form acceptable to the City, off-site right-of-way between the northern property line of the site and the SW 344~ Street right-of-way. The applicant will redesign the west right-of-way line of 20m Avenue SW, which is not labeled on the preliminary plat, along the proposed Lot 8 frontage to be perpendicular to the southern property line of the site and parallel to the 21s' Avenue SW right-of-way. 7. Sidewalks will be provided along all lot frontages within the subdivision. Sidewalks serving adjacent development are located on both sides of SW 345th Place and 21 st Avenue SW. Sidewalks on both sides of SW 344~h Street are included in the approved design of this street, which is currently under construction. Sidewalks are proposed to be provided on both sides of 18~h Avenue SW and SW 346th Place, and on the southern side of SW 345* Place by the adjacent proposed Keller Preliminary Plat. The sidewalks within the proposed residential subdivision will connect to these existing and planned pedestrian facilities. The applicant has provided for safe pedestrian corridors from the subject site to public school facilities and bus stops. Hearing Examiner Staff Report Page ! 4 Preliminary Plat of Belle Meadow 00-100319-00-SU 8. i 8th Avenue SW, SW 344th Place, and SW 345th Place are currently designated as local streets by the FWCP. 21st Avenue is currently designated as an arterial street by the FWCP. Street improvements and right-of-way widths consistent with applicable City standards are required for all internal roadways and street frontages. Public right-of-way and the stormwater detention tracts will be dedicated to the City. 9. A geotechnical report contains specific recommendations and conclusion_s for the proposed development, including site preparation and grading of the subject site. Supplemental geotechnical analysis and recommendations may be required by the Public Works Director or Building Official, as allowed by the FWCC, during development of the site in conformance with FWCC Section 22-1286. 10. The subject site contains 49 significant trees. Nine trees proposed to be removed with the grading of the subject site for the installation of roadways and utilities. 11. Pursuant to FWCC Section 20-155(b), the applicant proposes to pay a fee-in-lieu of providing the required 63,825 square feet of open space on-site. The applicant will be required to submit the most recent assessment or an appraisal value determined by an MAI certified appraiser for the City to calculate the exact amount to be paid to the City Parks fund. 12. Prior to issuance of construction permits, the applicant will be required to submit a landscape plan addressing open space, detention tract screening, street trees, tree conservation, and the replacement of significant trees. Required landscape buffers will be delineated as separate tracts and owned and maintained by the subdivision property owners. 13. The proposed preliminary plat is permitted by FWCC Chapter 20, "Subdivisions," and Chapter 22, "Zoning." 14. The proposed subdivision and ali 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, and recommended by City staff, the preliminary plat is consistent with the FWCP and all applicable codes and regulations. 15. Prior to final plat approval and recording, all required and approved improvements will be constructed, or the improvements appropriately bonded, per City code requirements. XII. RECOMMENDATION Based on review of this application, the environmental record, and pertinent decisional criteria, the Department of Community Development Services recommends approval of the preliminary plat subject to the following conditions: 1. Prior to issuance of construction permits, a landscape plan prepared by a licensed landscape architect shall be submitted to the City for approval, and shall include the following elements: Hearing Examiner Staff Report Page ! 5 Preliminary Plat of Belle Meadow 00- i 003 ! 9-O0-SU a. Required ten foot Type III arterial street landscape buffer along the 21st Avenue SW frontage; b. Open space area landscaping; c. Street trees in planter strips inside plat boundaries along the 21st Avenue SW frontage; d. Significant tree replacement plan; and, e. Visual screening of the stormwater infiltration tract from the righi-of-way with landscaping and/or fencing. _ 2. Prior to final plat approval, the existing structures on Lots 2, 5, 6, 7, 8, and 37 must be removed or relocated to conform to building setbacks requirements as established by the FWCC, or lot lines must be adjusted accordingly. 3. Final plat approval of the Belle Meadow subdivision shall occur simultaneously with, or subsequent to, final plat approval of the adjacent Keller subdivision in order to extend and provide access from SW 345th Place in the configuration indicated on the preliminary plat drawing. Alternatively, prior to issuance of construction permits, the preliminary plat drawing shall be revised and submitted to the City for approval to indicate a revised access configuration from SW 345~' Place to the Belle Meadow subdivision that meets all applicable City and Fire Department requirements. 4. Prior to issuance of construction permits, the applicant shall revise the plat to redesign the southwest comer of SW 345th Place and 204 Avenue SW to construct a half-street improvement, including a minimum of 20 feet of pavement, curb, gutter, streetlights, a four-foot planter strip with street trees, and a five-foot sidewalk along the entire Lot 9 frontage. 5. Prior to issuance of construction permits, the applicant shall revise the plat to remove the radius of the west right-of-way line of 20th Avenue SW along the proposed Lot 8 frontage. The west right-of-way line of 20th Avenue SW along the proposed Lot 8 frontage shall be redesigned to be perpendicular to the southern property line of the site and parallel to the 21st Avenue SW right-of-way. 6. Prior to issuance of construction permits, the applicant shall revise the plat to correctly label 204 Avenue SW and 164 Avenue SW, which are not currently shown. 7. The applicant shall acquire, or arrange for dedication in a form acceptable to the City, sufficient off-site right-of-way as indicated on the Preliminary Plat between the northern property line of the site and the SW 3444 Street right-of-way for the extension of 18~ Avenue SW. Prior to issuance of construction permits, the applicant shall submit evidence of ownership, or arrangements for dedication in a form acceptable to the City, of the required 184 Avenue SW off-site right-of-way for the review and approval of the Public Works Director. 8. Prior to final plat approval, the section of SW 344~ Street from 21 st Avenue SW to 18~ Avenue SW, including the full intersection of SW 3444 Street and 184 Avenue SW, shall be _ constructed, approved, and dedicated to the City. Hearing Examiner Staff Report Page 16 Preliminary Plat of Belle Meadow 00o 1003 ! 9-00-SU 9. Prior to issuance of construction permits, the applicant shall submit design and construction plans for two speed humps, one on SW 3444 Place and one on SW 3454 Place, for the review and approval of the Public Works Director. The speed humps shall be designed and located to discourage potential cut-through traffic into adjoining neighborhoods. 10. Prior to issuance of construction permits, the applicant shall submit design and construction plans for a raised pedestrian crosswalk at the regional BPA trail crossing _on SW 3444 Place, for the review and approval of the Public Works Director. 11. Prior to issuance of construction permits, the applicant shall submit design and construction plans for street lighting at the intersections of SW 3444 Place and SW 345~ Place with 15~ Place SW, in the vicinity of the Park Lane Neighborhood, for the review and approval of the Public Works Director. The street lighting shall be designed and located to enhance overall pedestrian and vehicular safety by increasing visibility. 12. Prior to issuance of construction permits, the applicant shall submit design and construction plans for raised pavement markers along the roadway centerline in the vicinity of SW 3444 Place and 164 Avenue SW, for the review and approval of the Public Works Director. The raised pavement markers shall be located in areas where there is the potential for vehicular traffic to "drift" across the centerline while traversing curves in the roadway. 13. Pursuant to the applicant's proposal to pay a fee-in-lieu of providing the required 63,825 square feet of on site open space, and as provided by the FWCC, the most recent assessed values of all parcels comprising the subdivision site or a current appraisal value determined by an MAI certified appraiser must be submitted to the City to determine the required open space fee. Payment of the open space fee shall be required before final plat approval. 14. Stormwater conveyance, water quality, and infiltration facilities used to control stormwater runoff from the site shall be located in a stormwater tract dedicated to the City at the time of final plat approval, unless located within improved public rights-of-way. 15. The final plat drawing must establish the required arterial street landscape buffer along the 21st Avenue SW frontage in a separate tract to be owned in common and maintained by property owners of the residential subdivision, and prohibiting removal or disturbance of landscaping within the tracts, except as necessary for maintenance or replacement of existing plantings and as approved by the City. The arterial street landscape buffer along the 21 st Avenue SW frontage shall be maintained in a condition consistent with the approved landscape plan pursuant to Condition No. 1, above. 16. All streets shall have a minimum pavement section of three inches Class B asphalt over six inches of crushed surfacing to support the traffic loads. 17. Clearing for the construction of the plat improvements, including roads, stormwater improvements, and utilities, shall be generally consistent with the clearing limits depicted on the Preliminary Grading and Utility Plan that was prepared by the applicant for the preliminary plat process. The clearing limits referenced above are the approximate clearing limits necessary for road, stormwater improvements, and utility grading, and may be Hearing Examiner Staff Report Page Preliminary Plat of Belle Meadow 00- ! 00319-00-SU modified with the approval of the Community Development Services and Public Works Departments during final engineering review as required to reflect changes in road, stormwater improvements, and utility designs, if any. The remaining clearing beyond these limits necessary for development of the residential lots shall not be performed until approved permits are issued for development of the residential lots. 18. Prior to final plat approval, all required improvements must be completed or the improvements appropriately bonded, per City code requirements. Design and construction of plat improvements shall conform to the FWCC, 1998 KCSWDM, Hyle_bos Creek and Lower Puget SoundBasin Plan, and all other applicable codes and regulations. 'XIII. LIST OF EXHIBITS A. Reduced Scale Preliminary Plat of Belle Meadow (Full Size Preliminary Plat to Hearing Examiner) B. Vicinity Map C. Legal Description D.1-3. Public Comment Letters in Response to Notice of Application E. Public Comment Letter Received After End of Public Comment Period F. July 12, 2000, Mitigated Determination of Nonsignificance (MDNS) G. Preliminary Technical Information Report, prepared by ESM Consulting Engineers, Revised June 2000 H. Wetland and Stream Determination, prepared by B-twelve Associates, December 2, 1999 '~ I. Memorandum from PARCS Director Approving Belle Meadow Fee-In-Lieu Proposal, March 1, 2000. J. King County Certificate of Sewer Availability from Lakehaven Utility District, October 19, 1999 K. King County Certificate of Water Availability from Lakehaven Utility District, October 19, 1999 TRANSMITTED TO THE PARTIES LISTED HEREAFTER: 1. Federal Way Hearing Examiner 2. Applicant: Dick Schroeder, Happy Valley Land Company 3. Agent/Project Engineer: Stuart Scheuerman, ESM Consulting Engineers Document ID/ti 1468 Hearing Examiner Staff Report Page 18 Preliminary Plat of Belle Meadow 00-100319-00-SU Exhibit A: Reduced Scale Preliminary Plat of Belle Meadow (Full Size Preliminary Plat to Hearing Examiner) : 21st AVE. S.W. ! .t -- ,~; , . ....... ~ ...... zI ~ I~' ~--~r-' ~ , L-~-"I v_,.. '7 '.7~.~ .... . ,- BELLE MEADOW T-? ......................... ~ A~ ~ .~.~,.~.~-~.. ~ I ~ ' r !~ lll'l~J ~ IIII I~1 IIII ~ -L~- ~ 2---2- J -2~--~-- - 22-~ ~ BELLE MEADOW :?i'¥~?:'7:" ::?Zt{~ ...... Exhibit B: Vicinity Map ~~.~ P~K~9 '- PUGET SOUND COMMENCEMENT BAY VICINITY MAP Not To Scale  CON6ULTING ENGINEERS tlc - JOB "0. 770-12-990 I e) I ~ I '~ I D~W,.C ~UE : V,O.,W ~ ~ DATE : 09-15-99 ~ ~ ~m s~ ~ ~*~ O~WN : ~M Exhibit C: Legal Description LEGAL DESCRIPTION PARCEL A: THE NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 21 NORTH, RANGE 3 EAST, WILLAMETI'E MERIDIAN, IN KING COUNTY, WASHINGTON: -~XCEPT THE WEST ,30 FEET CONVEYED TO KING COUNTY FOR ROAD BY _)RED RECORDING UNDER RECORDING NUMBER 842329; =.ND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON 3Y DEED RECORDED UNDER RECORL)I','.;C; NUMBER 8905500117. PARCEL B: FHE SOUTH HALF OF THE NORTH HALF OF THE NORTH HALF OF THE .'~ORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, ;OWNSHIP 21 NORTH, RANGE 3 EArl. ,viLLAMETTE MERIDIAN, IN KING 2OUNTY, WASHINGTON; ZXCEPT THE WEST 50 FEET Cu~'~VE'TEL,~ 'FO KING COUNTY FOR ROAD BY gEED RECORDED UNDER RECORDING r~UMBER 8~2530; AND EXCEPT THAT PORTION CONVEYED T:% TkiE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING :qUIvIBER 9510261~06. Exhibits D. 1-3. Public Comment Letters in Response to Notice of Application · 1411SW344thPlace Federal Way, W,4 98023 Tel: 253.815.0056 Fax: 253.815.0056 ernail: bbgidda~west, net BRIAN GIDDA March 6, 2000 ........ TO: Director of Community Development Services; Tim McHarg, Contract Associate Planner; Greg Fewins, Principal Planner; and Whomever It May Concern RE: Belle Meadow Preliminary Plat Dear Sirs: In regards to the above referenced project, I understand that plans are in place to build an access road from SW 344th Place to 21st Avenue SW. Currently, SW 344th Place is closed to any through traffic. There is a very good reason for this. This particular road is not built for through access. The road, at it,s widest falls short of the minimum width requirements established by the City of Federal Way. To allow through access on this narrow road would needlessly ~ndanger the residents and children of the community. Should an unfortunat'e accident occur, the City might well find itself liable for allowing a through access road to.be built in violation of it's very own code restrictions. Please revisit this aspect of the above referenced project (the proposed new road from SW 344th to 21st Ave SW). I'm sure some other alternative can be found that will not only ensure the safety of local residents but also allow you to maintain the integrity of your own codes and bylaws. Thank you for your consideration. Sincerely, Brian Gidda March 6, 2000 City of Federal Way 33530 - 1st Way South Federal Way, WA 98003 Attention: City Planners In reference to proposed Preliminary Plat of Belle Meadow Job number 770-12-990-001 received by City of Federal Way on 26 January 2000. We as concerned home owners currently residing at 34414 14th Way SW, Federal Way, WA 98023 (Parklane Estates, Division 2) are hereby reque~ng consideration to revise the above proposed subdivision. Our main concems are: 1) The considerable increase in traffic flow in our residential area. 2) The width of our streets are such that they are only 28' at their widest point. and 10' narrower than the s~eets through the adjacent residential area of Campus Highlands. Our . streets are not wide enough to accept the increased traffic flow the development will create. 3) The lack of street lights in our housing area make it dangerous for increased traffic flow. 4) The increase in traffic will pose a danger to the numerous children that playing in the area. 5) There would be a danger in that a blind spot exists exiting east from Parklane Estates on- 14th-PlaceSW. As recently as two years ago a small dog was hit by a car and tossed 70' at this very spot on the road. 6) The added traffic will be a hazard to the children walking to and from SherwoodElementa~y School. This proposed addition will undoubtedly add hazardous vehicular traffic for the children going to and from the elementary school. 7) This proposed addition will add to the noise and congestion of our already narrow streets. 8) Vehicles west of 21st Ave SW will use this new route as a shortcut through our housing development; vehicles from Campus Highlands and Parklane Estates Division I will also use this as a shortcut. 9) Also consideration should be given to the BPA Bike and Walking paths that exit and continue across 14th Way SW. Pedestrians will be at risk when crossing this street because it is near the blind spot on 14th Way SW. We are extremely concemed about 1) the environmental impact of noise created by a possible increase of 200 additional vehicles per day and 2) the possible risk to the safety of children in this development and 3) the users of the BPA Bike Path if SW 345th PL is created with a dixecl~access from 21-st Ave SW-into SE ' ' ' .Thank Ht-CEIV the comer of Partdane Estates D,vls, on II. you ~.aYn~ond Smith Vicki 'Smith March '6,-2000 To: City of Federal Way Attention: Tim Harg, Contract Associate Planner Greg Fewins, Principal Planner We are writing to you concerning job # 770-12-990-001, the proposal for the Plat Of Belle Meadows. As residents and homeowners of Parklane Estates, Division 1I we are strongly against having street, access opening from 21 st Ave. into our neighbor_hood. Our objections stem from the following concerns: a. Safe/y is our primary concern. Upon entering our development, a hill is present. When motorists exit the development this hill becomes a blind spot. Last year, due to a teenager speeding excessively, a dog was thrown 70 feet and killed. This incident occurred directly at the crossing 0fthe BPA trail. This dog could easily have been one of our children. At the present time, over 30 children reside at Parklane Estates Divison II. Our adjoining neighbors, Campus Highlands, are already dealing with the dangers of motorists driving through their residential street using high speeds. b. In addition, the width of oUr streets and the sharp turns in our neighborhood pose a problem. Many residents park their cars alongside the ro. ad, and, asa result, it is a tight fit for cars to pass by one another. It is not realistic for school buses and through traffic to 9omc through. c. Our development currently does'not:have any st. reet lighting, which makes night time driving dangerous. Lack of lighting with an increase in traffic flow may als0 increase crime related activity in our neighborhood. d. As mentioned earlier in our statement, the BPA trail crosses the entrance of our development. This is a busy intersection for bikers, walkers, runners and pet owners. The dangers of high volume traffic will increase the risk of serious accidents and injuries. This trail is not visible to motorists from afar. e. Finally, the property values of our homes will significantly decrease should the access occur. The decrease will be a result of increase in'noise levels and traffic volume. For these many valid reasons we ask that the access from 21 st street not be permitted. Please help us tOkeep our neighborhood safe. We thank you kindly for the time you have taken to consider our concerns. C-. , RECEIVED BY ()MMUN TV r, ......... ::- '*' ':'; ..... ""';' '.:FP~,RT~,{ENT Sincerely, , The Belkhap Family( 1438 SW 344th PI.~ (253) 835-9250) MA~ 0 ? ~00[I Exhibit E. Public Comment Letter Received After End of Public Comment Period Seattle Office James L. Austin, Jr. Erik R. Lied Jennifer L. Aspaas O[ Counsel 1201 Third Avenue Jacquelyn fi. Beatty Mike Lfles, Jr. Walter E. Barton - F. Lee Campbell Suite 2900 William H. Beaver, Jr. Steven V. Lundgren Jennifer fi" Burkhardt Joseph D. Holmes, Jr. Seattle, Washington 98101 Barbara J. Brady Walter M. Maas III Susan lc Mclntosh Robert P. Karr (206) 223-1313 Craig P. Campbell Pamela McClaran Tracy M. Miller John F. Kruger Facsimile (206) 682-7100 Diana lc Carey Floyd L. Newland Randall L. Price Martin T. Crowder Lisa J. Oman Jill T. Whitney Retired Portland Office William J. Cruzen Richard J. Omata Clarence H. Campbell 1212 Standard Plaza Mark D. Deife Robert fi" Radcliffe Special Counsel to the Firm Coleman P. Hall 1100 S.W. Sixth Avenue Mary Ann Ekman Lawrence B. Ransom Ch6 Carlyle Dawson Mary Ellen Hanley Portland, Oregon 9720~1 Michael M. Feinberg Steven D. Robinson Patricia J. Parks Payne Karr Muriel Mawer (503) 248-1330 J. Scott Gary Susan J. Robixtson Kenneth E. Rekow ~--,4 r~ Gary D. Huff GaB P. Runnfeldt William B. Stoebuck RO ...... .¥.errow Facsimile (503) 222-4429 James S. Irby F. Douglas Ruud Eden Rubenstein Toner Ward L. Sax Pleu~e reply to Seattle Office Mark R. Johnsen Paul M. Silver Marie R. Westermeier Alan D. Judy James IC Treadwell Bruce E. Larson Denni~ H. Walters Mary Ann Ekman (206) 224-8026 mekman®karrtuttle.com June 12, 2000 Mr. Greg Fewins, Principal Planner City of Federal Way 33530 First Way South Federal Way, WA RE: Belle Meadows Dear Mr. Fewins: I represent Mt. Fortunato Pena in al! legal matters relatLng to his U.S. investments. When I met with him recently in Vancouver, he asked that I forward the enclosed letter and attachment on to you and that I obtain proof that you had received his letter. Therefore I am enclosing Mr. Pena's letter as well as an extra copy for you to date and sign confirming receipt. Please return the copy to me in the enclosed envelope. If you have any questions, please call me at the phone number shown above. Thank you for your cooperation and assistance. Very truly yours, Mary Ann Ekman Enclosures cc: Fortunato Pena #301343 / 6GSNOI!.DOC / 33799-001 1102-6282 Kathleen Avenue Burnaby, B.C., Canada Greg Fewins Principal Planner City of Federal Way 33530 First Way So. WA 98003 Dear Mr. Fewins: This is a request that the preliminary Plat submitted to you by Fred Wilhelm Jr. ESM Consulting Engineers regarding the Belle Meadow Preliminary Plat last January 26, 2000 be redesigned because the proposed road at the back of my property is 30 feet wide and which should be 52 feet wide. My property is facing S.W. 344 th Street, which is now under construction, and I do not need to construct 22 feet at the back of my property to make that road 52 feet as required by the City of Federal Way. Enclosed is a photocopy of the Preliminary Plat of belle Meadow showing the 30 feet wide road at the back of my property. Your kind and favorable consideration will be highly appreciated. O PENA Exhibit F: July 12, 2000, Mitigated Determination ofNonsignificance (MDNS) CITY OF~______ ~'~~1~ 33530 1ST WAY SOUIH FEDERAL WAY, WA 98003-6210 MITIGATED ENVIRONMENTAL DETERMINATION OF NONSIGNIFICANCE BELLE MEADOW PRELIMINARY PLAT APPLICATION NO: 00-100318-00 (SEP); 00-100319-00 (SUB) Description of Proposal: The applicant proposes to subdivide approximately 9.8 acres into 37 single family residential lots, to construct associated site improvements, and to extend public water and sewer utilities. Vehicular access to the site will be provided from SW 344~ Street, SW 345~ Place, and 18t~ Avenue SW; however, the access from SW 345t~ Place, as currently designed, will require the approval of the adjacent Keller Preliminary Plat.. Each proposed lot will have access to a public street. The applicant will pay a fee in-lieu of providing on-site open space. Stormwater generated on-site will be treated and infiltrated on a 0.6-acre parcel in the central portion of the site. A portion of the site is currently developed with existing residential and agricultural buildings, which will be demolished. Proponent: Dick Schroeder, Happy Valley Land Company, Applicant Stuart L. Scheuerman, ESM Consulting Engineers, Agent Location: The subject property is located on the east side of the 34500 block of 21~ Avenue SW. Lead Agency: City of Federal Way City Contact: Tim MeHarg, Contract Senior Planner, 206-297-2106 Greg Fewins, Principal Planner, 253-661-4108 The responsible Official of the City of Federal Way hereby makes the following decisions based upon impacts identified in the environmental checklist, the Federal Way Comprehensive Plan, and other municipal policies, plans, rules, and regulations designated as a basis for exercise of substantive authority under the Washington State Environmental Policy Act Rules pursuant to the Revised Code of Washington (RCW) 43.21 C.060: The lead agency for this proposal has determined that the proposed action does not have probable significant adverse impact on the environment, and an Environmental Impact Statement (EIS) is not required under RCW 43.21C.032(2Xc), only if the following conditions are met. This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. FINDINGS OF FACT 1. The applicant proposes to subdivide approximately 9.8 acres into 37 single-family residential lots. The proposal includes construction of a road system, utilities, stormwater facilities, street frontage improvements, and other related infrastructure to serve the proposed residenthl lots. 2. Vehicular access to the site is proposed to be provided from 2 l~t Avenue SW, 18~ Avenue SW, and SW 345~ Place. 3. A Traffic Impact Analysis (TIA), October 1999, was prepared by Heath and Associates for the proposed development. The TIA was supplemented by a, May 5, 2000, memorandum regarding recommended neighborhood traffic calming measures prepared by Gibson Traffic Consultants. The study and supplemental information identify transportation impacts and recommend mitigation measures associated with the development. The proposed development will generate approximately 354 average weekday daily trips, with an estimated 33 PM peak hour trips. Traffic generated from the proposed development will impact two Transportation Improvement Plan projects with more than 10 PM peak hour trips. The project proponent shall be required to either construct the planned TIP projects or provide pro-rata share contributions toward the proposed improvements, as well as construct the recommended neighborhood traffic calming measures, to mitigate traffic generated impacts from the proposed development. 4. The city's Public Works Department reviewed and concurred with the conclusions of the TIA and supplemental information regarding recommended neighborhood traffic calming measures. The traffic impacts identified in the analysis will be appropriately mitigated by implementation of mitigation measures proposed by the applicant and the required mitigation measures. 5. The Final Staff Evaluation for Environmental Checklist, File No. 00-100318-00 (SEP), is hereby incorporated by reference as though set forth in full. CONCLUSIONS OF LAW 1. Provide a safe, efficient, convenient, and economic street system with sufficient capacity to move people, goods, and services at an appropriate level of service. The City shall develop and adopt policies for the construction, reconstruction, maintenance, and preservation of new and existing facilities, such as gravel and substandard streets. (TG2, Federal Way Comprehensive Plan [FWCP]) 2. Identify and implement changes to the transportation system which reduce reliance on the single occupant vehicle. Support state, regional, and local visions and policies. (TP9, FWCP) 3. Establish a Level of Service (LOS) standard based on a planning methodology using vehicle miles traveled (VMT) congested to measure the LOS citywide, and an operation methodology for development impact, mitigation corridors, and intersections based on a LOS equal to E or v/c less than or equal to 0. 9. (TP 16, FWCP) MDNS July 12, 2000 Belie Meadow Preliminary Plat/00-1003 ! 8-00 (SEP) Page 2 4. Structure the City's improvement program to strategically place increments of public clnd private investment that complement the multimodal vision of the plan. This should include "matching" improvements to supplement the efforts by other agencies to provide HOP' and transit facilities. (TP32, FWCP) 5. ~4rterial H~/ impr~vements will be c~nstructed al~ng key c~rrid~rs t~ impr~ve ~w and enc~urage use of these more efficient modes. (TP41, FWCP) - 6. Ensure that City facilities and amenities are ADA compatible. (TP51, FWCP) 7. Work to extend the existing system of sidewalks, bikeways, and equestrian ways in the City to provide safe access to public transit, neighborhood and business centers, parks, schools, public facilities, and other recreational attractions. (TP52, FWCP) 8. If allowed by applicable law, development inside and outside the City should be required to provide their fair share of onsite and offsite improvements. (HP7, FWCP) CONDITIONS 1. The applicant shall either: a. Construct the following impacted Transportation Improvement Plan project as required by the Public Works Department, before Final Plat Approval; or, b, Contribute the project's pro-rata share of the construction cost of the following TIP project before issuance of Final Plat Approval: TIP Project Description Project Total PM Peak. ! Pro-Rata TIP Project Mitigative Impact Hour Volume Share Cost Fee 1. S 356a St- Ia Ave S to 15 trips 1,792 trips 0.84% $7,205,000 $60,520 SR99: Widen to five lanes 2. 21~ Ave SW/SW 35Ta St: 18 trips 2,287 trips 0.79% $750,000 $5,925 SW 356a St - 22'a Ave SW: Extend two lane connector TOTAL $66,175 2. The applicant shall design and construct all necessary traffic calming devices to mitigate neighborhood traffic impacts in coordination with neighborhood groups and in compliance with city requirements. These devices may include speed humps, traffic circles, chicanes, curb extensions, signs, pavement markings, or any other device proposed by the applicant'and/or neighborhood residents and approved by the Public Works Director. Before issuance of Preliminary Plat Approval, the applicant shall submit plans for the traffic calming devices for the review and approval of the Public Works Traffic Division. The plans shall be prepared and stamped by a licensed civil engineer registered in the State of Washington. Before issuance of Final Plat Approval, the applicant shall construct the traffic calming devices consistent with the approved plans. MDNS July 12, 2000 Belle Meadow Preliminary Plat/00-! 00318-00 (SEP) Page 3 This MDNS is issued under the Washington Administrative Code (WAC) 197-11-355. The lead agency will not act on this proposal for 14 days from the date of issuance, pending a public comment period. Comments must be submitted by 5:00 p.m. on July 26, 2000. Unless modified by the city, this determination will become final following the above comment deadline. Any person aggrieved of the city's final determination may file an appeal with the city within 14 days of the above comment deadline. Appeals must be submitted by 5:00 p.m. on August 9,'2000. Responsible Official: Stephen Clifton, AICP Position/Title: Director of Community Development Services Address: 33530 First Way South, Federal Way, WA 98003 Signature: Date Issued: July 12, 2000 MDNS July 12, 2000 Belle Meadow Preliminary Plat/00-100318-00 (SEP) Page 4 Exhibit G: Preliminary Technical Information Report, prepared by ESM Consulting Engineers, revised June, 2000 TABLE OF CONTENTS TABLE OF CONTENTS ' PAGE I. Project Overview 1 Vicinity Map - Figure 1 a 2 Project Overview 3 Review of 7 Core Requirements and 12 Special Requirements of 1990 KCSWDM 4-6 Summary 7 II. Preliminary Conditions Summary 8-12 III. Off-Site Analysis Level One Downstream Analysis 13-15 IV. Retention / Detention Analysis and Design Onsite Drainage Basins 16-22 V. Special Reports and Studies 23-24 VI. Erosion ! Sedimentation Control Design 25-26 Appendix Water~vorks Upstream Drainage flows Wallet: Overall Drainage Map SECTION 1 PROJECT REVIEW 1 PROJECT OVERVIEW The proposed project Belle Meadow is located east of 21st Ave. SW, south of SW 344th Street and north of proposed Keller Subdivision. The north side of the site abuts undeveloped land, the east side abuts residential subdivision, and the west side abuts 21 st Ave. SW. The south side of the site abuts Keller subdivision, which is currently in the process of approval. The parcel contains approximately 9.95 acres. The proposal is to develop 37 single-family residential subdivisions. The access roads will be 19th Street to SW 344th Street and 19th Street to the Keller Subdivision to the south. The majority of the site is under 25 % slopes. The current drainage path is through the low area at the middle of the site. The site is covered with mostly young conifer and deciduous trees. There are existing on site buildings to be demolished. The site is in the WH-15 drainage basin of the Panther Lake Drainage Basins (see Surface Water Management Plan, Phase I). Although this site is within the Panther Lake Regional Detention Facility, it is too far away to utilize it. So the project will provide an on-site infiltration facility using the KCRTS requirements. A water quality swale or other approved water quality measures, prior to the infiltration facility will be provided for water quality. 2 ...... _ . . ~.w. ,,6,, SITE ~e · I ~40th ST. .i PUGET SOUND ~,. c,~ VICINITY MAP Not To Scole -- ~ CONSULTING ENGINEER8 LLC JOB NO. 770-12-990 I ~ I ~ I ,~r I O~W,NO Mu[ : v,c,.,~ o,~r~ DATE : 09-15-99 F~ W.v.w.~ ~ ~ ~ O~WN : SJM (2~) ~e~ ~ w~ SECTION 2 REVIEW OF THE CORE REQUIREMENTS 4 Review of the Core Requirements and Special Requirements Of the 1998 KCSWDM Under Section 1.1.2 of the 1998 King County Surface Water Design Manual (KCSWDM), this project would go through a Full Drainage Review, Section 1.1.2.3. Enclosed are a brief review of the Core and Special Requirements as stated under Section 1.1.2.3. Core Requirement No.1- Discharge at the Natural Location Currently the majority of the site drains to the middle of the site. The new Park and Ride project is just downstream of this site. Part of this project will be constructing 344th St S. and a 48' culvert under 344th St. S. This culvert would than become the natural dischage point, and a "Acceptable discharge point". This project will discharge to this point. Since this project is using infiltration to control its stormwater, the anticipated flows to the discharge point will be existing stormwater flows currently discharging onto this site from the south. Core Requirement No.2- Offsite Analysis An offsite analysis is required for this site since more than 5,000 square feet of impervious area is being proposed. Please refer to the Level One Drainage Analysis in this report for more description of the downstream conditions. Core Requirement No.3- Flow Control To eliminate downstream impacts, the project proposes an on-site infiltration facility designed to conform to the 1998 King County Surface Water Design Manual. Core Requirement No.4- Conveyance System As part of the final design, a conveyance system will be designed with sufficient capacity to convey the 25-year peak flow. Also, the overflow from a 100-year runoff event will not create or aggravate any flooding problems or create erosion problems as defined in Core Requirement tt2, Section 1.2.2. Any overflow occurring for onsite runoff events up to and including the 100-year event must discharge to the public right-of-way. Core Requirement No.5 Erosion and Sediment Control Will apply during the final design review. 5 Core Requirement No.6 o Maintenance and Operations Will apply during the final design review. Core Requirement No.7 -Bonds and Liability Will apply during the final design review. Core Requirement No.8 - Water Quality Will apply during the final design review. Special Requirement No.l -Other Adopted Area-Specific This project lies within the Hylebos Creek and Lower Puget Sound Basin Plan, the "West Branch". This project shall conform to the recommendations of this plan and the City of Federal Way's recommendations. Special Requirement No.2 - Floodplain/Floodway Delineation The 100-year Flood Plain does not enter this site. Special Requirement No.3 -Flood Protection Facilities Does not apply. Special Requirement No.4 -Source Control. This project lies within the Hylebos Creek and Lower Puget Sound Basin Plan, the "West Branch". Special Requirement No.5 -Oil Control. Does not apply to this project. 6 Summary The storm water runoff will be collected from the streets, houses and landscaped areas, and conveyed through a pipe system to an infiltration facility. A water quality swale or other approved water quality measures, prior to the infiltration facility will be provided for water quality. The site will utilize the KCRTS design recommendations. The soils in this vicinity are the Alderwood Series. As per the geotechnical report by Geo Resources dated October 6th 1999, the infiltration rate is 16 inches per hour. We assumed a factor of safety of two and used an infiltration rate of 8 inches per hour. The standards to be followed are per the 1998 King County Surface Water Design Manual, along with the recommendations by the City of Federal Way. 7 SECTION 3 PRELIMINARY CONDITIONS SUMMARY 8 PRELIMINARY CONDITIONS SUMMARY The King County Soils Survey by the US Soils Conservation Services (1973) generalizes the soils in the vicinity of this project as being Alderwood Series, AgB and AgC. These soils are made up of moderately well drained soils that have a weakly consolidated to strongly consolidated substratum at a depth of 24 to 40 inches. These soils are on uplands. Please refer to the soils map attached to this report for more details. 9 DESCRIPTIONS OF THE SOILS This section describes the soil series and map- ^lderwood soils are used for timber, pasture, ping units in the King County Area. Each soil berries, row crops, and urban development. They series is described and then each mapping unit in are the most extensive soils in the survey area. that series. Unless it is specifically mentioned ~therwise, it is to be assumed that what is stated ~^lderwood gravelly sandy loam, 6 to 1S percent about the soil series holds true for the mapping ~ (AgC).--This soil is rolling. ^teas are units in that series. Thus, to get full information irregular in shape and range from 10 to about 600 about any one mapping unit, it is necessary to read acres in size. both the description of the mapping unit and the Representative profile of ^lderwood gravelly description of the soil series to which it belongs, sandy loam, 6 to 1S percent slopes, in woodland, An important part of the description of each 450 feet east and 1,300 feet south of the north soil series is the soil profile, that is, the quarter corner of see. IS, T. 24 N. R. 6 E.: sequence of layers from the surface downward to ' rock or other underlying material. Each series ^1--0 to 2 inches, very dark brown (10YR 2/2) contains two descriptions of this profile. The gravelly sandy loam, dark grayish brown first is brief and in terms familiar to the layman. (10YR 4/2) dry; weak, fine, granular struc- ~he second, detailed and in technical terms, is for ture; slightly hard, friable, nonsticky, scientists, engineers, and others who need to make nonplastic; many roots; strongly acid; thorough and precise studies of soils. Unless it abrupt, wavy boundary. 1 to 3 inches thick. is otherwise stated, the colors given in the B2--2 to 12 inches, dark-brown (10YR 4/3) gravelly descriptions are those of a moist soil. sandy loam, brown (10YR S/3) dry; moderate, As mentioned in the section 'now This Survey Was medium, subangular blocky structure; slightly Made," not all mapping units are members of a soil hard, friable, nonsticky, nonplastic; many series. Urban land, for example, does not belong roots; strongly acid; clear, wavy boundary. to a soil series, but nevertheless, is listed in 9 to 14 inches thick. alphabetic order along with the soil series. B3--12 to 27 inches, grayish-brown (2.SY S/2) Following the name of each mapping unit is a gravelly sandy loam, light gray (2.SY 7/2) symbol in parentheses. This s.vmbol identifies the dry; many, medium, distinct mottles of light mapping unit on the detailed soil map. Listed at olive brown (2.5Y S/6); hard, ~riable, non- the end of each description of a mapping unit is the sticky, nonplastic; many roots; medium acid; capability unit and woodland group in which the abrupt, wavy boundary. 12 to 23 inches thick. mapping unit has been placed. The woodland desig- IIC--27 to 60 inches, grayish-brow~ ~2.SY 5/2), nation and the page for the description of each weakly to strongly consolidated till, light capability unit can be found by referring to the gray (2.5Y 7/2) dry; common, medium, distinct "Guide to Mapping Units" at the back of this survey, mottles of light olive brown and yellowish The acreage and proportionate extent of each brown (2.5Y 5/6 and 10YR S/6); massive; no mapping unit are shown in table 1. Many of the roots; medium acid. Many feet thick. terms used in describing soils can be found in the Glossary at the end of this survey, and more de- The A horizon ranges from very dark brown to tailed information about the terminology and methods dark brown. The B horizon is dark brown, grayish of soil mapping can be obtained from the Soil Survey brown, and dark yellowish brown. The consolidated Manual (19___). C horizon, at a depth of 24 to 40 inches, is mostly grayish brown mottled with yellowish brown. Some Alderwood Series layers in the C horizon slake in water. In a few areas, there is a thin, gray or grayish-brown A2 The Alderwood series is made up of moderately horizon. In most areas, this horizon has been well drained soils that have a weakly consolidated destroyed through logging operations. to strongly consolidated substratum at a depth of Soils included with this soil in mapping make up 24 to 40 inches. These soils are on uplands. They no more than 30 percent of the total acreage. Some formed under conifers, in glacial deposits. Slopes areas are up to 3 percent the poorly drained Norma, are 0 to 70 percent. The annual precipitation is Bellingham, Seattle, Tukwila, and Shalcar soils; 3S to 60 inches, most of which is rainfall, between some are up to S percent the very gravelly Everett October and May. The mean annual air temperature is and Neilton soils; and some are up to IS percent abou't SO° F. The frost-free season is 1SO to 200 Alderwood soils that have slopes more gentle or days. Elevation ranges from 100 to 800 feet. steeper than 6 to IS percent. Some areas in New- In a representative profile, the surface layer castle Hills are 2S percent Beausite soils, some and subsoil are very dark brown, dark-brown, and northeast of Duvall are as much as 2S percent Ovall grayish-brown gravelly sandy loam about 27 inches soils, and some in the vicinity of Dash Point are thick. The substratum is grayish-brown, weakly 10 percent Indianola and Kitsap soils. Also consolidated to strongly consolidated glacial till included are small areas of Alderwood soils that that extends to a depth of 60 inches and more. have a gravelly loam surface layer and subsoil. 8 Permeability is moderately rapid in the surface Arents, Alderwood Material layer and subsoil and very slow in the substratum. Roots penetrate easily to the consolidated substra- tum where they tend to mat on the surface. Some Arents, Alderwood material consists of Alderwood roots enter the substratum through cracks. Water soils that have been so disturbed through urban- moves on top of the substratum in winter. Available ization that they no longer can be classified w: water capacity is low. Runoff is slow to medium, the Alderwood series. These soils, however, ha and the hazard of erosion is moderate, many similar features. The upper part of the SOil, This soil is used for timber, pasture, berries, to a depth of 20 to 40 inches, is brown to dark- and row crops, and for urban development. Capability brown gravelly sandy loam. Below this is a grayish- unit IVe-2; woodland group 3dl. ' brown, consolidated and impervious substratum. ~lderwood gravelly sandy loam, O to 6 perceni Slopes generally range from 0 to IS percent. s'Idpes (AgB).--This soil is nearly level and These soils are used for urban development. undulating. It is similar to Alderwood gravelly sandy loam, 6 to 1S percent slopes, but in places Arents, Alderwood material, 0 to 6 percent slopes its surface layer is 2 to $ inches thicker. Areas (Am~) --In many areas this soil is level, as a are irregular in shape and range from 10 acres to ' slightly more than 600 acres in size. result of shaping during construction for urban Some areas are as much as iS percent included facilities. Areas are r~ctangular in shape and Norma, Bellingham, Tukwila, and Shalcar soils, all range from S acres to about 400 acres in size. of which are poorly drainedl and some areas in the Representative profile of Arents, Alderwood vicinity of Enumclaw are as much as 10 percent material, 0 to 6 percent slopes, in an urban area, Buckley soils. 1,300 feet west and $S0 feet south of the northeast Runoff is slow, and the erosion hazard is corner of sec. 25, T. 2S N., R. S slight. This Alderwood soil is used for timber, pasture, 0 to 26 inches, dark-brown (iOYR 4/3} gravelly berries, and row crops, and for urban development, sandy loam, pale brown (iOYR 6/3) dry; Capability unit IVe-2; woodland group 3d2. massive; slightly hard, very friable, non- sticky, nonplastic; many roots; medium acid; Alderwood gravelly sandy loam, 15 to 30 perceni abrupt, smooth boundary. 23 to 29 inches slopes (AgD).--Depth to the substratum in this soil thick. varies within short distances, but is commonly 26 to 60 inches, grayish-brown (2.SY ~/2) weakly about 40 inches. Areas are elongated and range consolidated to strongly consolidated glacial from 7 to about 2S0 acres in size. till, light brownish gray (~.S¥ 6/2) dry; Soils included with this soil in mapping make common, medium, prominent mottles of yellowish up no more than 30 percent of the total acreage, brown (10YR S/6) moist; massive; no roots; Some areas are up to 2S percent Everett soils that medium acid. Many feet thick. have slopes of 1S to 30 percent, and some areas are up to 2 percent Bellingham, Norma, and Seattle soils, The upper, very friable part of the soil extends which are in depressions. Some areas, especially to a depth of 20 to 40 inches and ranges from dark on Squak Mountain, in Newcastle Hills, and north of grayish brown to dark yellowish brown. Tiger Mountain, are 2S percent Beausite and Ovall Some areas are up to $0 percent included soils soils. Beausite soils are underlain by sandstone, that are similar to this soil material, but either and Ovall soils by andesite, shallower or deeper over the compact substratum; Runoff is medium, and the erosion hazard is and some areas are S to 10 percent very gravelly severe. The slippage potential is moderate. Everett soils and sandy Indianola soils. This Alderwood soil is used mostly for timber. This Arents, Aldem~ood soil is moderately well Some areas on the lower parts of slopes are used drained. Permeability in the upper, disturbed soil for pasture. Capability unit Vie-2; woodland group material is moderately rapid to moderately slow, 3dl. depending on its compaction during construction. The substratum is very slowly permeable. Roots Alderwood and Kitsap soils, very steep (AkF).-- This mapping unit is about SO percent Alderwood penetrate to and tend to mat on the surface of the gravelly sandy loam and 2S percent Kitsap silt consolidated substratum. Some roots enter the loam. Slopes are 2S to 70 percent. Distribution substratum through cracks. Water moves on top of of the soils varies greatly within short distances, the substratum in winter. Available water capacity is low. Runoff is slow, and the erosion hazard is About 1S percent of some mapped areas is an included, unnamed, very deep, moderately coarse slight. textured soil; and about 10 percent of some areas This soil is used for urban development. Ca- is a very deep, coarse-textured Indianola soil. pability unit IVe-2; woodland group 3d2. Drainage and permeability vary. Runoff is rapid to very rapid, and the erosion hazard is severe to Arents, Aldem~ood material, 6 to IS percent very severe. The slippage potential is severe, slopes (AmC).--This soil has convex slopes. Areas These soils are used for timber. Capability are rectangular in shape and range from 10 acres to unit VIIe-1; woodland group 2dl. about 4S0 acres in size. IO SECTION 4 LEVEL 1 DRAINAGE ANALYSIS 13 OFF-SITE ANALYSIS SECTION III OFF-SITE ANALYSIS This project is within the Hylebos Creek and Lower Puget Sound adopted basin plan. The following is a Preliminary Level I Downstream Analysis which looks at the drainage system ¼ mile downstream of the site along with the five tasks outlined under i-he Level 1 Downstream Analysis. (See Overall Drainage Map in Appendix). The five Tasks are: Task I - Study Area Definitions and Maps Task 2 - Resource Review Task 3 - Field Inspection Task 4 - Drainage System Description and Problem Screening Task 5 - Mitigation Task 1 - Study Area Definitions and Maps Within this report there is an overall drainage map showing the project site and the downstream path. Along with the review of this overall map, a closer review of the proposed Park & Ride Site and Fred Meyer construction drawings was conducted. Task 2 - Resource Review A review of Federal Way's Comprehensive Surface Water Management Plan, Phase I, Chapter 6, Panther Lake was conducted. Within this report there is a problem area (Problem Area 4) south of the Fred Meyer store. This Problem predicts that Structure WH15T0040 that drains WH 15 will overflow, causing minor flooding during the 25 - year event with existing development conditions. (See pages 6-4 of the above-mentioned report). Task 3 - Field Inspection A site inspection was done in the summer of 1999. The inspection revealed only a drainage swale between this site and Fred Meyer site (almost 1,500 feet north) with one 12" driveway culvert. See below for current conditions. Task 4 - Drainage System Description and Problem Screening The majority of the upstream off-site flows which discharge onto this site come from a proposed 36" storm line south of the project boundary near the middle of project. There are about 220 acres in the overall upstream drainage basin (see overall drainage), of this 14 about 103 acres drains to this line. However within the up stream areas there are four detention ponds which control flow. The preliminary flow numbers below disregards the detention system and maintains about 46% impervious surfaces (or 47 acres) and about 56 acres of pervious surfaces flowing to this 36" line. This results in a Q of 12.8 cfs for a 2 year 7day storm, 19.7 cfs for a 10 year/7 day storm, 23.3 cfs for a 25 year/7day storm and 39.3 cfs for a 100/7day storm. The 36" line appears to have capacity to contain these flows The majority of the on-site stormwater flow drains to a swale near the middle of the project site. From this swale, prior to the construction of the Park'n' Ride site, flows continued north almost 1,500 feet at a 1 to 2 percent grade to a low area behind the Fred Meyer building between 19th Ave. SW and 21st Ave. SW. This drainage path appears to go through two suspected wetlands (see attached map). There was one 12" driveway culvert along this path (its now an 18" culvert). However, the new Park & Ride Facility under construction, about 100 feet downstream, has altered the natural drainage path. The future flows will be directed to a 48" culvert (at S.W. 344th St) and on to a ripraped swale and into a detention facility or a ripraped overflow and a bypass swale. All flows are eventually directed to a new 18" ADS culvert under a driveway east of S.W. 342nd St.. Flows continue in a more natural drainage path until it gets to a low area behind the Fred Meyer site. There does not appear to be any substantial overtopping, excessive scouring, bank sloughing or sedimentation. From this low area behind Fred Meyer, flow enters a 30" conveyance system which directs flows to 19th Ave. SW. It continues northerly in 19th Ave. SW and eventually to the main Panther Lake Truck system and on to Panther Lake. (Note, the above mentioned TlR on the Park and Ride indicates that there is an 18" line behind Fred Meyer; however, it is a 30" storm line.) Task 5 - Mitigation To prevent this project from creating or aggravating existing downstream problems the focus will be to infiltrate any increased stormwater flows, as is naturally occurring. The proposal is to create an on-site infiltration pond for all lots, roads and landscape areas. As 'stated within the attached Geotechnical Report, "... in the central portion of the site should have adequate permeability and storage capacity to infiltrate storm water from the site." To mitigate for the stormwater coming onto this site from the existing 36" storm line along the south boundary, a bypass line is proposed to carry the stormwater through this site and connect to the 48" culvert under the proposed 344th St. under construction. Any up-stream flows will connect to the existing drainage path at this point. 15 SECTION 5 RETENTION / DETENTION DESIGN AND ANALYSIS 16 PRELIMINARY RETENTION / DETENTION ANALYSIS AND DESIGN This project will provide an onsite infiltration facility since the soil in this vicinity has an infiltration rate of 16 inches per hour, which is considered suitable (infiltration rate used for design was 8 inches per hour). Please refer to the geotechnical report- by Geo Resources dated 10/6/99 for more details. This section will look at existing and developed flows from this site. The developed conditions will incorporate the future conditions of the project site. This project lies within one drainage basin. (See Overall Drainage Map later in this report) The requirements of the KCRTS will be used. The following parameters were used in the development of the existing and developed flows: Methodology / Precipitation: KCRTS Version 4.40h Seatac 1.0 Basin Size: Site is about 9.95 acres. * CN Existing Conditions: Till Forest = 1.56 acres Till Pasture = 8.05 Impervious -- 0.34 acres Future Conditions: Till Grass - 4.67 Impervious - 5.30 (Based upon 1.9 acres of road/sidewalks and 4,000 s.f. of impervious surfaces per lot, see KCSWM 3.2.2.1) Preliminary Existing Discharge Volumes KCRTS Peak flow (in cubic feet per second) at events: Event Existing Developed CFS CFS 2 year 0.385 1.70 10 year 0.676 2.04 100 year 1.24 3.49 17 Per KCRTS, the proposed infiltration pond size will be: 58.05 x 116.10 with 5 feet of storage capacity. Although the conceptual pond dimensions are not the same as the KCRTS printout, the volume requirements have been provided. As shown on the following pages-, the required detention volume is 47,888 c.f. The infiltration pond has the following volume: Elevation Area Volume Cumulative Volume S.F. C.F C.F. 338.00 6,161 0 0 340.00 8,409 14,512 14,512 342.00 13,063 21,301 35,813 344.00 16,488 29,484 65,297 > 47,888 OK The following pages are from the computer-modeling program called "KCRTS", which is a computer aided hydraulic modeling program. 18 Flow Frequency Analysis Time Series File:predev.tsf Project Location:Sea-Tac Annual Peak Flow Rate, Flow I Frequency Analysis- ! ::: Flow Rate Rank Time of I Peak Peaki Rank i Return ! Prob (CFS) I (CFS) Period i 0.718 2 2/9/01 , 18:00 1.24 I 1 100 ~ 0.99 0.309 7 1/5/02 I 16:00 0.718 ! 2 25- i 0.96 0.676 3 2/28/03 i 3:00 0.676 3 10 ! 0.9 0.12 8 8/26/041 2:00 0.64 4 ~ 5 i 0.8 0.385 6 1/5/05 ! 8:00 0.609 5 ! 3 I 0.667 0.64 4 1/18/06 i 16:00 0.385 6 2 ~ 0.5 0.609 5 11/24/06 4:00 0.309 7 1.3 i 0.231 1.24 I 1/9/08 6:00 0.12 8 1.1 ~ 0.091 Computed Peaks , 1.07 I 50 i 0.98 Flow Frequency Analysis Time Series File:dev.tsf Project Location:Sea-Tac --Annual Peak Flow Rates-- t Flow FrequencyI Analysis- t Flow Rate Rank Time of Peak Peaks Rank I Return Prob (CFS) (CFS)I Period 1.70 6 2/09/01 2:00 3.49 1 t 100 0.99 1.34 8 1/05/02 16:00 2.06 I 2 I 25 - 0.96 2.06 2 2/27/03 7:00 i 2.04 t 3 I 10 i 0.9 1.41 78,26,042:00 i 1.8I 4 I 5 I 0.8 1.70 5 10/28/04 16:00I 1.7 5I 3 ! 0.667 1.80 4 1/18/06 16:00 1.7 6 I 2 I 0.5 2.04 3 10/26/06 0:00 1.41 7 I 1.3 I 0.231 3.49 I 1/09/08 6:00 1.34 8 t 1.1 I 0.091 Computed Peaks i 3.01 , ! 50 ! 0.98 Preliminary Infiltration Pond Sizing for Belle Meadow Subdivision Type of Facility: Infiltration Pond Side Slope: 3.00 H:IV Pond Bottom Length: 116.10 ft Pond Bottom Width: 58.05 ft Pond Bottom Area: 6740. sq. ft Top Area at I ft. FB: 14306. sq. ft 0.328 acres Effective Storage Depth: 5.00 ft Stage 0 Elevation: 338.00 ft Storage Volume: 47888. cu. fi 1.099 ac-ft Vertical Permeability: 7.50 miR/in Permeable Surfaces: Bottom & Sides Riser Head: 5.00 ft Riser Diameter: 12.00 inches Top Notch Weir: Rectangular Length: 3.00 in Weir Height: 3.09 ft Outflow Rating Curve: None Stage Elevation Storage Discharge Percolation (ft) (ft) (cu. ft) (ac-ft) (cfs) (cfs) 0.00 338.00 0. 0.000 0.000 0.00 0.10 338.10 679. 0.016 0.000 1.27 0.20 338.20 1369. 0.031 0.000 i.29 0.30 338.30 2069. 0.048 0.000 1.31 0.40 338.40 2780. 0.064 0.000 !.33 0.50 338.50 3502. 0.080 0.000 !.35 0.60 338.60 4234. 0.097 0.000 1.37 0.70 338.70 4977. 0.114 0.000 1.39 0.80 338.80 5731. 0.132 0.000 !.41 0.90 338.90 6496. 0:149 0.000 1.43 1.00 339.00 7272. 0.167 0.000 1.45 1.10 339.10 8058. 0.185 0.000 1.47 1.20 339.20 8856. 0.203 0.000 1.49 1.30 339.30 9665. 0.222 0.000 1.51 1.40 339.40 10485. 0.241 0.000 1.53 1.50 339.50 11316. 0.260 0.000 1.55 1.60 339.60 12159. 0.279 0.000 1.57 1.70 339.70 13012. 0.299 0.000 1.60 1.80 339.80 13878. 0.319 0.000 1.62 1.90 339.90 14754. 0.339 0.000 1.64 2.00 340.00 15642. 0.359 0.000 1.66 2.10 340.10 16542. 0.380 0.000 1.68 2.20 340.20 17453. 0.401 0.000 1.71 2.30 340.30 18376. 0.422 0.000 1.73 2.40 340.40 19310. 0.443 0.000 !.75 2.50 340.50 20256. 0.465 0.000 !.77 2.60 340.60 21214. 0.487 0.000 1.80 2.70 340.70 22184. 0.509 0.000 1.82 2.80 340.80 23166. 0.532 0.000 !.84 2.90 340.90 24160. 0.555 0.000 1.87 3.00 341.00 25166. 0.578 0.000 !.89 3.09 341.09 26081. 0.599 0.000 1.91 3.19 341.19 27110. 0.622 0.024 1.93 3.29 341.29 2815 I. 0.646 0.062 i.96 3.39 341.39 29204. 0.670 0.103 i.98 3.49 341.49 30269. 0.695 0.143 2.00 3.59 341.59 31347. 0.720 0.177 2.03 3.69 341.69 32437. 0.745 0.233 2.05 3.79 341.79 33540. 0.770 0.295 2.08 3.89 341.89 34655. 0.796 0.362 2.10 3.99 341.99 35783. 0.821 0.434 2.13 4.09 342.09 36923. 0.848 0.510 2.15 4.19 342.19 38076. 0.874 0.591 2.18 4.29 342.29 39241. 0.901 0.675 2.20 4.39 342.39 40420. 0.928 0.764 2.23 4.49 342.49 41611. 0.955 0.858 2.25 4.59 342.59 42815. 0.983 0.955 2.28 4.69 342.69 44032. 1.011 1.060 2.30 4.79 342.79 45262. 1.039 1.160 2.33 4.89 342.89 46505. i.068 1.270 2.35 4.99 342.99 47761. 1.096 1.380 2.38 5.00 343.00 47888. !.099 1.400 2.38 5.10 343.10 49158. 1.129 0.308 2.41 5.20 343.20 50442. !.158 0.871 2.43 5.30 343.30 51739. 1.188 1.600 2.46 5.40 343.40 53049. 1.218 2.390 2.49 5.50 343.50 54373. 1.248 2.670 2.51 5.60 343.60 55710. 1.279 2.930 2.54 5.70 343.70 57061. 1.310 3.160 2.57 5.80 343.80 58425. 1.341 3.380 2.59 5.90 343.90 59803. 1.373 3.590 2.62 6.00 344.00 61194. 1.405 3.780 2.65 6.10 344.10 62599. 1.437 3.970 2.68 6.20 344.20 64018. 1.470 4.140 2.70 6.30 344.30 65450. 1.503 4.310 2.73 6.40 344.40 66897. t.536 4.470 2.76 6.50 344.50 68357. 1.569 4.630 2.79 6.60 344.60 69831. 1.603 4.780 2.82 6.70 344.70 71320. 1.637 4.930 2.84 6.80 344.80 72822. 1.672 5.070 2.87 6.90 344.90 74338. 1.707 5.210 2.90 7.00 345.00 75869. 1.742 5.350 2.93 Hyd Inflow Outflow Peak Storage Target Calc Stage Elev (Cu-Ft) (Ac-FO I 3.49 0.00 0.00 3.04 341.04 25619. 0.588 2 2.06 0.00 0.00 0.63 338.63 4492. 0.103 3 2.04 0.00 0.00 0.49 338.49 3444. 0.079 4 1.80 0.00 0.00 0.70 338.70 4980. 0.114 5 1.70 0.00 0.00 0.40 338.40 2800. 0.064 6 1.70 0.00 0.00 0.45 338.45 3122. 0.072 7 1.41 0.00 0.00 0.12 338.12 783. 0.018 8 1.34 0.00 0.00 0.09 338.09 637. 0.015 SECTION 6 SPECIAL REPORTS AND STUDIES 23 SPECIAL REPORTS AND STUDIES Will be included in the final Technical Information Report. 24 SECTION 7 EROSION / SEDIMENTATION CONTROL DESIGN 25 EROSION / SEDIMENTATION CONTROL PLAN The erosion control plan will be part of the final construction drawings. They will conform to the City of Federal Way's requirements. 26 APPENDIX 11/18/99 2:38:23 pm ESM Inc. page 1 UPSTREAM FLOWS TO KELLER BASIN SUMMARY BASIN ID: UP-10 NAME: UPSTREAM BASIN - 10 SBUH METHODOLOGY TOTAL AREA ....... : 90.00 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE .... : KC7 PERU IMP PRECIPITATION .... : 5.80 inches ARFJt..: 49.00 Acres 41.00 Acres TIME INTERVAL .... : 60.00 min CN .... : 86.00 98.00 TC .... : 24.87 min 6.30 min ABSTRACTION COEFF: 0.20 TcReach - Sheet L: 100.00 ns:0.2400 p2yr: 4.20 s:0.0155 TcReach - Channel L:3350.00 kc:42.00 s:0.0144 PEAK RATE: 17.25 cfs VOL: 31.57 Ac-ft TIME: 3300 min BASIN ID: UP-100 NAME: UPSTREAM BASIN - 100 SBUH METHODOLOGY TOTAL AREA ....... : 90.00 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE .... : KC7 PERV IMP PRECIPITATION .... : 10.10 inches AREA..: 49.00 Acres 41.00 Acres TIME INTERVAL .... : 60.00 min CN .... : 86.00 98.00 TC .... : 24.87 min 6.30 min ABSTRACTION COEFF: 0.20 TcReach - Sheet L: 100.00 ns:0.2400 p2yr: 4.20 s:0.0155 TcReach - Channel L:3350.00 kc:42.00 s:0.0144 PEAK RATE: 34.33 cfs VOL: 62.17 Ac-ft TIME: 3300 min BASIN ID: UP-2 NAME: UPSTREAM BASIN - 2 SBUH METHODOLOGY TOTAL AREA ....... : 90.00 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE .... : KC7 PERV IMP PRECIPITATION .... : 4.20 inches AREA..: 49.00 Acres 41.00 Acres TIME INTERVAL .... : 60.00 min CN .... : 86.00 98.00 TC .... : 24.87 min 6.30 min ABSTRACTION COEFF: 0.20 TcReach - Sheet L: 100.00 ns:0.2400 p2yr: 4.20 s:0.0155 TcReach - Channel L:3350.00 kc:42.00 s:0.0144 PEAK RATE: 11.17 cfs VOL: 20.73 Ac-ft TIME: 3300 min BASIN ID: UP-25 NAME: UPSTREAM BASIN - 25 SBUH METHODOLOGY TOTAL AREA ....... : 90.00 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE .... : KC7 PERV IMP PRECIPITATION .... : 6.60 inches AREA..: 49.00 Acres 41.00 Acres TIME INTERVAL .... : 60.00 min CN .... : 86.00 98.00 TC .... : 24.87 min 6.30 min ABSTRACTION COEFF: 0.20 TcReach - Sheet L: 100.00 ns:0.2400 p2yr: 4.20 s:0.0155 TcReach - Channel L:3350.00 kc:42.00 s:0.0144 PEAK RATE: 20.38 cfs VOL: 37.14 Ac-ft TIME: 3300 min Exhibit H: Wetland and Stream Determination, prepared by B-twelve Associates, dated December 2, 1999 B-twelve Associates, Inc. 1103 W. Meeker St. (v) 253-859-0515 Suite C (f) 253-852-4732 Kent, WA 98032-5751 (e) info. b12assoc.com December 2, 1999 _ Dick Schroeder RECEI VED MI. Happy Valley Land Company P.O. Box 1324 .~ Issaquah, WA 98027 Gt'fY OF RE: Wetland and Stream Determination BUILDING DEPT. Belle Meadow, Federal Way/Job #99-223 Dear Mr. Schroeder, Per your request, we have completed the stream and wetland determination on your property in Federal Way. We.have also inspected the Keller property that is adjacent to the Belle Meadow site. On October 8, 1999 Ed Sewall and I inspected the Belle Meadow site to identify any jurisdictional wetlands and/or streams that may exist. On November 16, 1999, Ed Sewall inspected the Keller property in order to determine whether a stream exists onsite. On November 19, 1999, Ed and I looked again at the Keller property. The purpose of our multiple site visits was to confirm the status 6f a potential wetland area and a potential stream onsite. METHODOLOGY A combination of field indicators, including vegetation, soils, and hydrology were used to determine whether there were any wetlands onsite. The potential wet area on site was reviewed using methodology described in the IVashington State IVetlands Identification Manual (WADOE, March 1997). This is the methodology currently recognized by the City of Federal Way and the State of Washington for wetland determinations and delineations. The wet area identified was also reviewed using the methodology described in the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory, 1987), as required by the US Army Corps of Engineers. Both the Washington State'Wetlands Identification Manual and the 1987 Federal Manual require the use of the three-parameter approach in identifying and delineating wetlands. A wetland should support a predominance ofhydrophytic vegetation, have hydric soils, and display wetland hYdrology. To be considered hydrophytic vegetation, over 50% of the dominant species in an area must have an indicator status of facultative (FAC), facultative wetland (FACW), or obligate wetland (OBL), according to the National List RE: Belle Meadow/Job #99-223 B-twelve Associates December 2, 1999 Page 2 of Plant Species That Occur in Wetlands: Northwest (Region 9) CReed, 1988). A hydric soil is "a soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part" (WADOE, March 1997).. Anaerobic conditions are indicated in the field by soils with low chromas (2 or less), as determined by using the Munsell Soil Color Charts; iron oxide mottles; hydrogen sulfide odor, and other indicators. Generally, wetland hydrology is defined by inundation or saturation to the surface for a consecutive period of 12.5% or greater of the growing season. Areas that contain indicators of wetland hydrology between 5%- 12.5% of the growing season may or may not be wetlands depending upon other indicators. Field indicators include visual observation of soil inundatiOn, saturation, oxidized rhizospheres, water marks on trees or other fixed objects, drif[ lines, etc. Under normal circumstances, indicators of all three parameters will be present in wetland areas. OBSERVATIONS Existing Site Documentation Prior to visiting the site, a review of several natural resource inventory maps was conducted. Resources reviewed include the National Wetlands Inventory Map, the King County Area Soil Survey (Snyder et al. 1973), and the King Cdunty Sensitive Areas Folio. The National Wetlands Inventory Map showed no wetlands on or within 100 feet of the site. According to the Soil Survey for the KingCounty area, (Snyder et al.. 1973) the site is mapped as having two types of Alderwood soils. Alderwood soils are not considered to be hydric soils, according to the publication Hydric Soils of the United States CLISDA NTCHS Pub No. 1491, 1991). The King County Sensitive Areas Folio showed neither wetlands nor streams on or within 100 feet of the site. Field Observations A. Wetland B-twelve found an area of approximately 1,000-2,000 square feet on the southwest side of the property that meets some criteria for wetlands (see Exhibit A; labeled as "septic' system"). Plants in this area include bent grass (Agrostis Mba), curly dock (Rumex crispus), and willow herb (Epilobium ciliatum). The soils are mottled and mixed, and water began filling our test hole after ten minutes. Although the area appeared to meet wetland criteria, our research indicates that it is in fact thesepfic drainfield for the hoUse at 34440 21st Avenue SW (see Exhibit B, from the King County Health Department). RE: Belle Meadow/Job//99-223 B-twelve Associates December 2, 1999 Page 3 Because the wet area is being created by this septic system, and is therefore an artificial wetland, the area will not be.regulated as a wetland by the City of Federal Way. B. Stream During our October 8, 1999 site visit, an apparent small stream channel oriented in a north-south direction was observed near the center of the Belle Meadow property (see Exhibit A). In some areas, the channel resembles a ditch; in other areas, it is a shallow swale. The soil at the south end of the channel is 10YR 4/4, which does not indicate hydric conditions. The plants at this data point are dominated by bentgrass (Agrostis sp.), thistle (Cirsiurn arvense), and tansy (Seneciojacobaea). The soil at a data point in the upland area is also 10 YR 4/4. The point was located in a pasture that has primarily agrostis, thistle, willow herb, and tansy, as well as small patches of blackberry (Rubus discolor), and scattered patches of red alder (Alnus rubra) and Douglas fir (Pseudotsuga menzieseii). Visiting the Keller property (immediately south of Belle Meadow) on November 16, 1999, Ed Sewall observed water running through this channel, beginning at a culvert on the south side of the Keller property. At this time, it had been raining heavily for several days. When we visited the site again on November 19, there w~ no nmning water; therefore, we concluded that water fills this drainage swale only after heavy rainfall/storms. For this reason, we believe the swale on the Keller and Belle Meadow properties is a storm conveyance channel and should not be considered a stream. This opinion is supported by the technical information report (TIR) for the Federal Way Park & Ride Lot/t2 (the property just north of the Belle Meadow property), dated April 29th, 1998. This report contains a storm drainage basin analysis that describes most of the drainage feature flowing north fi:om Rosella Lake Plat to 19th Avenue SW as a "natural grassy swale" (page 1-2). The water flowing north from the Keller property begins at the Rosella Lake Plat detention pond outfall, accord'rog to the.TIR (see Exhibit A). This runoff then follows the grassy swale that meanders north, through the southeast comer of the Park & Ride property, and continues until it reaches an 18-inch inlet pipe located at the south side of Fred Meyer. According to the report, "This 18-inch pipe connects to a closed system on 19th Avenue SW...that flows north into the west tributary to Panther Lake" (page 1). B-twelve believes that the water flowing through the drainage swale on the Keller and Belle Meadow properties can be picked up in a culvert. CONCLUSIONS After three site visits to the Belle Meadow site and/or adjacent properties, we conclude that there are no regulated wetlands on the site. We also conclude that the channel crossing the site functions as a storm conveyance system and should not be regulated as a stream. RE: Belle Meadow/Job//99-223 B-twelve Associates December 2, 1999 Page 4 If you have any questions in regards to this report or need additional information, please feel free to contact our office at (253) 859-0515. Thank you.. Sincerely, B-twelve Associates, Inc. _ Darcey B. Miller Assismt Wetland Scientist Cc: Smart Scheuerman/ESM File: dm/99223-det02.doc Exhibit I: Memorandum from PARCS Director Approving Belle Meadow Fee-In-Lieu Proposal, dated March 1, 2000 Memo To: Tim McHarg, Contract Senior Planner From: Jori Jainga, Parks Planning and Development Manager Jennifer Schroder, Director of Parks, Recreation and Cultural Serv cc: Community Development Depadment . Date: 03/01/00 Re: Belle Meadow Preliminary Plat After reviewing the preliminary plat for Belle Meadow, the Parks, Recreation and Cultural Services Department accepts the developer's alternative of paying a fee-in-lieu for the required open space for the plat development vs. building the required open space on site. The preliminary plat is within walking distance to Saghlie Park. In addition, the developer is proposing to link the park with additional pedestrian trails, the neighborhood will meet the PRCS goals of every neighborhood within ½ mile of a park. The Parks, Recreation and Cultural Services Department accepts the fee-in-lieu for the Belle Meadow preliminary plat and will use the money within the designated planning area.. Respectfully, Jennifer Schroder, Director · Page 1 Exhibit J: King County Certificate of Sewer Availability from Lakehaven Utility District, dated October 19, 1999 ~ent of Develo~ont ~d ~E~ ne~ to evaluate ~elo~ent pm~ls. ~to~ WA 98055-1219 ~ ~ ": *' King COUfl~( CERTiFiCATE OF SE~ER AVM~.BiL[~ O S~rC Subdivision 0 Rezone or ocher (A~ ~p ~ lega~ description l~ necessa~) , * ~ Sewer service "''-be provided by side sewer connection only to an existing size sewer feet from the =i~e . ' and the sawer system has the capacity to serve thc proposed use. ':' 0R b. ~ 5ewer service will require an improvement to the ~(1) }~ -Feet of sewer trunk or latteral to ranch the sitel  (2)the construction of a collection system on th~ site~ and/or  ('3) other (describe) ~ ~ 6~ a. The sewer system improvement is in conformance with a ~ounty approved sewer comprehensive plan. OK: b. The sewer system improvement will require a sewer comprehensive plan- amendment· · a. ~ The proposed project is within the corporate limits of the district, or has been granted Boundary Review Board approval for extension of service outside the district or city. Oa b. O Annexation or BRB approval will be necessary to provide service. Service is subject to the following. a. Connection charge s-~ hereby cer[lfy th~ the ~bove sewer ~ency information is [rue. T~s er[ific=[lon shxll be v~lid for one ye[r from d=te of si~n~[ure.. _~L 'even Utility District ~AT~tff.~ ~ ~X~ Agency Namo Signatory Name Exhibit K: King County Certificate of Water Availability from Lakehaven Utility District, dated October 19, 1999 · ':. ~ DepadmentofHealth andthe ~,-%J ~[%~ KING '"~: Depa~ment of Development and' ' , ~ ~t~iopment~d ~.~ "<' informal/on necessa~ to evaluale ~. ~::::>.. ' developmenl proposals. ~ ~ Rcnto~ WA 98055-1219 KING COUN~ CERTIFICATE OF ~ATER AVA[~B[L[TY nu~e~ name '' ~ Short Subdivision '~ Rezone or other - · "::~', ;. (Attach ~p & legal descrlption if necessa~) 1. a. ~ Water '~!~Z-be ~rovl~e~ by se~ce connection only to ~ existin~ : water mai~ feet from the site. OR b. ~ Water service will require an ~mprov~ent to the water system of= ~ (1) feet of water main to reach the s/tel ~&/or ~(2) the const~ction of a distribution system on ~e sitel ~&/or 2. a. [] The water system is in conformance with a County approved water comprehensive plan. OR b. [] The water system improvement will require a water comprehensive plan amendment. ' 3. a. ~ The proposed project is within the corporate limits of the district, Or has been granted Boundary Review Board approval for extension of service outside th~ d/strict or city, or is within the county approved service area of a private water purveyor. OK b. [] Annexation or BRB approval will be necessary to provide service. " 4. a. ~ Water is/or will be available at the rate of flow ~nd duration indicated belc~w at t..:': L~ no less than 20 psi measured' at the nearest fire hydrant [, b-~ feet from the 'i~, q~~property (or as marked on the attached map).. In~ Pressure Zone; Highest Elevation of P~~; Est. Min. Pressure ~__3~-i Rate of Flow ~SC.-5) Durat£on ~ less than 500 ~pm (approx. .gpm} ~ less than 1 hour ~ 500 to 999 gum ~ 1 hour to 2 hours ~ 1000 gpm or more FOR ~]92 hours or more ~ flow test of qpm ~ other ~ calculation of ~OO~ gpm (~ommercial Building Permits require flow OR ~b~4M3J_kc~ ~bD6(_ test or calculation) b. ~ Water system is not capable of providing fire flow. * The District, at its sole d/scretioa, reserves the riqht to delay or deny water ~-~ based upon capacity limitations in District and Other Purveyor fac{ l i ties. I hereby certify that the ~bove water purveyor information is true. This certification shall be valid for one year from date of signature. nakehaven U, tility District Agency Name Signatory Name ~)Gi,OF.~C~"-,- --~'~cflOic~^,~ ri_ -/ ~ _ Title -- LAKEHAVEN UTILITY DISTRICT Hydraulic Model Fire Flow Estimate Request/Reporting Form Requested By: Date: Kathy Brown 10/14/99 - Hydrant Location: ~ Section I F-12 Intersecti°n: I SW 344th St & 21s~ Ave SW - Approx. ~ditional Description: I see attached map IResults By: I Date: I M~el R~ No.: '1 John Bo~ 110/15/99 195LUDSFF.INP FF#132 Condition Pressure (psi) Flow (~m) Static 58 0 Fire Flow 20 2300 NOTE: The fire flow analysis was performed at valve cluster G-12/54 located at SW 347th St and 15t~ Pl. S. On-site fire flow estimates would have to be determined during design of the water system improvements. This fire flow rate will cause velocities in excess of 10 f/s within the water distribution system. A fire flow rate less than 1500 gpm will maintain flow velocities below 10 f/s. A maximum fire flow rate of 1000 gpm is available for residential development. There is no guarantee that the Hydraulic Model results will represent actual system performance. Model results depict the theoretical performance of the system under high demand conditions. Field measurements should always be obtained for design purposes. CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Comments on the Metropolitan Transportation Plan Alternatives Analysis and Draft Environmental Impact Statement .... ¥'i ................................................................................................................................................. X"C';?':. X CONSENT RESOLUTION Amount Budgeted: $ ORDINANCE STAFF REPORT Expenditure Amt: $ BUSINESS PROCLAMATION Contingency Reqd: $ HEARING STUDY SESSION FYI OTHER 2000; (2) Draft Comment Letter ..... ................................................................................................................................................................................................. .......................................................... In May 1995, the Puget Sound Regional Council's General Assembly (PSRC) adopted the Metropolitan Transportation Plan (MTP) as a comprehensive statement of long-range transportation planning objectives and actions for the central Puget Sound region. The MTP is required to be formally reviewed every two years under state law, and every three years under federal law. The 1995 plan was reviewed and reaffirmed in 1998. The 2001 MTP update provides an opportunity to reflect updated population, employment and travel forecasts, and to incorporate regionally significant programs and provisions that have been developed since the 1995 MTP was adopted. Alternatives developed for this analysis include the following: 1. Updated 1995 MTP 2. Current Law Revenue 3A. Updated MTP Plus with Infrastructure Emphasis (primarily roadway) 3B. Updated MTP Plus with System Management Emphasis (primarily transit, Smart Travel and Intelligent Transportation Systems) All the alternatives are based on the 2030 socio-economic forecasts and the existing policy structure of the adopted VISION 2020 plan and the MTP. Staff has raised concerns in their review of the document, which are listed in the draft comment letter attached. The most significant of these are the following: · The alternatives analyzed generally show the worst congestion levels in the region will be in South King County. · Several arterials in Federal Way that should be shown are not. · The expansion of SeaTac Airport is not addressed. · Alternative 3B suggests residential growth be redistributed to encourage the use of planned transit improvements, but the areas shown for increased densities include environmentally sensitive areas such as Spring Valley, Lakota and Mirror Lake. The comment period for this document closes on October 20, 2000. and Transportation Committee, the Committee recommended approval of the attached revised draft comment letter in response to the Metropolitan Transportation Plan Alternatives Analysis and Draft Environmental Impact Statement to be finalized and forwarded to the Puget Sound Regional Council. response to the Metropolitan Transportation Plan Alternatives Analysis and Draft Environmental Impact Statement to be forwarded to the Puget Sound Regional Council. ~'?X]~ ..... .... .......................................................................................................... (BELOW TO BE COMPLETED B Y CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL # DENIED 1st Reading TABLED/DEFERRED/NO ACTION Enactment Reading ORDINANCE # RESOLUTION # k:\council\agdbills\2000\psrc deis comment letter.doc DATE: October 4, 2000 TO: Phil Watkins, Chair Land Use and Transportation Committee FROM: Rick Perez, Traffic Engineer ~ VIA: David Moseley, City Manager 2~ {~0/ SUBJECT: Comments on the Metropolitan Transportation Plan Alternatives Analysis and Draft Environmental Impact Statement . BACKGROUND In May 1995, the Puget Sound Regional Council's General Assembly(PSRC)adopted the MetropolitanTransportation Plan (MTP) as a comprehensive statement oflongorange transportation planning objectives and actions for the central Puget Sound region. The MTP is required to be formally reviewed every two years under state law, and every three years under federal law. The 1995 plan was reviewed and reaffirmed in 1998. The 2001 MTP update provides an opportunity to reflect updated population, employment and travel forecasts, and to incorporate regionally significant programs and provisionsthat have been developed since the 1995 MTP was adopted. Alternatives developed for this analysis include the following: Updated 1995 MTP 2. Current Law Revenue 3A. Updated MTP Plus with Infrastructure Emphasis (primarily roadway) 3B. Updated MTP Plus with System Management Emphasis (primarily transit, Smart Travel and Intelligent Transportation Systems) All the alternatives are based on the 2030 socio-economic forecasts and the existing policy structure of the adopted VISION 2020 plan and the MTP. PRESENTATION FORMAT PSRC staff will provide a brief overview of the MTP update. City staffwili present concerns raised in their review of the document, which are listed in the draft comment letter attached. The most significant of these are the following: · The alternatives analyzed generally show the worst congestion levels in the region will be in South King County. · Several arterials in Federal Way that should be shown are not. · The expansion of SeaTac Airport is not addressed. · Alternative 3B suggests residential growth be redistributed to encourage the use of planned transit improvements, but the areas shown for increased densities include environmentally sensitive areas such as Spring Valley, Lakota and Mirror Lake. The comment period for this document closes on October 20, 2000. RECOMMENDATION Staff recommends placing the following item on the October 17, 2000 Council Consent Agenda: Approve the attached draft comment letter in response to the Metropolitan Transportation Plan Alternatives Analysis and Draft Environmental Impact Statement to be finalized and forwarded to the Puget Sound Regional Council. ~.~-.j~f k:~lutc~2000\psrc deis.doc October 18, 2000 Mr. Norman Abbott SEPA Responsible Official Puget Sound Regional Council 1011 Western Avenue, Suite 500 Seattle, WA 98104-1035 SUBJECT: Comments on the Metropolitan Transportation Plan Alternatives Analysis and Draft Environmental Impact Statement Dear Mr. Abbott: The City of Federal Way appreciates the efforts of the Puget Sound Regional Council (PSRC) to plan for the increases in population and employment forecast for the region. The Metropolitan Transportation Plan (MTP) update offers us all the opportunity to reflect on the direction of the region and its impacts to its citizens. We recognize that it is no small feat to meet the myriad of conflicting goals from federal, state, and local policies, and to manage the large amounts of data necessary to provide a balanced presentation of meaningful data for decision-makers to determine the appropriate course of action. It is also no small feat to develop a consensus within the region of what that appropriate course of action should be. We offer these comments to help develop that consensus. The City has several concerns, which are listed in order of importance. Equity of Sub-Area Congestion Levels - We are concerned that of each of the Alternatives (except in some peak periods of Alternative 2), the South King County sub-area experiences the largest percentage of traffic congestion in the transportation network. This suggests a relative lack of investment in this part of the region. We would hope that the region would be able to reach consensus on the idea that no part of the region should suffer more congestion than any other, given that there will never be adequate resources to eliminate it entirely. More projects for South King County should be shown to correct this inequity. Not All Metropolitan Transportation System (MTS) Elements Shown - Probably related to the first issue, there are a significant number of principal arterials in Federal Way that should be shown as part of the Metropolitan Transportation System (MTS). These are: Military Road S between S 272nd Street and I-5 (30700 block); · 16th Avenue S between Pacific Highway S (34000 block) and Highway 18; · S 336th Street between 1st Way S and Pacific Highway S; · 1st Avenue S/1s~ Way S between S 320th Street and S 348th Street · S and SW 356th Street between Enchanted Parkway S (SR 161) and 21s' Avenue SW; · SW 320th Street between 21st Avenue SW and 47th Avenue SW; and · 21st Avenue SW between SW Dash Point Road (SR 509) and SW 320th Street. Mr. Norman Abbott Page 2 In addition, the following Park-and-Ride Lots are not shown: · South Federal Way Park-and-Ride Lot (S 348th Street and 9th Avenue S); and · Twin Lakes Park-and-Ride Lot (SW 344th Street and 21st Avenue SW, opens in November 2000). SeaTac International Airport - The document does not explicitly address the issue of providing adequate surface transportation to SeaTac International Airport. The City continues to maintain that the Environmental Impact Statement (EIS) for the third runway project is inadequate and does not adequately mitigate its impacts. We also question the validity of the assumption that the rate of growth in air traffic is declining and that this decline will continue. On the contrary, we believe that the billion dollars that will be spent on this project would be better spent providing a long-term solution to the capacity and environmental constraints of SeaTac International Airport. Therefore, we support a study that would reevaluate the siting of an additional airport that addresses the long-term air transportation needs in the Puget Sound region. Population Redistribution of Alternative 3B - Map 13 shows the population being redistributed into a number of areas in Federal Way that will not support additional growth due to a number of environmental constraints. For example, the extreme southern end of the city is currently zoned for lot sizes ranging from 15,000 square feet to five acres in order to protect the Hylebos Creek watershed. Also, west of Is~ Avenue S between S 320th Street and S 312th Street the areas are already developed to their fullest extent when environmental constraints such as steep slopes, wetlands and the enclosed depressions of Mirror Lake and Fisher's Bog are considered. However, there are several developable parcels between I-5 and Pacific Highway S north of S 356th Street, although residential development may be dampened in this area due to air traffic noise. We encourage PSRC to review our recently completed market analysis for Federal Way and its Potential Annexation Area, which provides 2020 growth projections by Transportation Analysis Zone. Impacts of Congestion on Transportation Safety - The document consistently ignores the role of traffic congestion in the decreasing transportation safety. This is important for a number of reasons. First, it plays a large part in the cost/benefit analysis. Second, it implies that reduced roadway safety caused by congestion is an acceptable trade-off for encouraging other mode choices. Third, it hides a major flaw in the notion of accepting lower level-of-service standards for concurrency purposes. There are significant safety consequences of inadequate roadway capacity. In Federal Way, 23 of the 25 intersections with the highest collision rates have levels of service of E or F during at least one peak hour. Impacts of Congestion Pricing on Local Streets - The analysis of congestion pricing ignores the potential threat to lower street classifications of an increase in cut-through traffic. (We recognize that PSRC cannot realistically model the local street network; we only seek acknowledgement of this point). These impacts suggest that it is impractical to implement congestion pricing on anything other than highways with complete access control, e.g. freeways. Urban Center Population Projections - The City agrees the current market and regulatory conditions suggest that population projections for many urban centers may not be met. The City's market analysis, conducted for use in the update of its Comprehensive Plan, found that true "mixed use" development with ground-floor retail is an un-established market in Federal Way that is currently discouraging residential land uses in the city center. The City strongly suggests that the population targets for Federal Way be reevaluated based on the City's market analysis. Shippers Sharing Proprietary Data - For Alternative 1, on page 70, the following statement is made regarding commercial vehicle operations: October 18, 2000 Mr. Norman Abbott Page 3 "Trucking companies, the ports, shipping lines, railroads, and other private sector companies will develop ways to share schedule and cargo status information to more efficiently move freight and goods in the region." We are concerned that this assumption may be overly optimistic. The Washington State Department of Transportation (WSDOT) has found that data on freight movements is extremely difficult to collect because most shippers view tonnage, material, and origin and destination data as proprietary. Limited Data on City Projects - Maps 9, 14 and 15 fail to show a number of projects in Federal Way that are regionally significant. In fact, it appears to only show regionally significant projects from the City's 1999 Transportation Improvement Plan. A full list of City projects, as provided to PSRC through SCATBd, is attached for your reference. Transit-Dependent Concurrency - On page 93, lower level of service standards are suggested for urban centers if "adequate transit service levels...are met". We are concerned that the potential for cuts in transit service could imperil concurrency determinations that rely on transit service. HOV Lane Occupancy Requirements - In Appendix 9, page 3, the occupancy requirement is shown as 2+ for Alternative 2, but 3+ for all other alternatives. It is our understanding that this is not consistent with WSDOT policy. Park-and-Ride Lot Capacity - In Appendix 9, page 4 states that park-and-ride lot capacity is unconstrained for Alternatives 1 and 2. However, every park-and-ride lot in Federal Way is over capacity now. Regional Equity - In Appendix 9, page 21, Alternative 3B suggests replacing the equity distribution of regionally-based transit service with more "demand-focused" transit service. This appears to be logically inconsistent with the concern expressed in several places within the document that the region's share of state and federal transportation revenue is not equitable. We believe that all sub-areas of a given area should receive some reasonable return on revenues generated, and that this should be applied consistently. We hope that these comments will be useful toward developing a regional consensus for analysis of a preferred alternative in the Final ElS, and will provide further momentum to address the significant shortfall in transportation funding that faces the region. If you have any questions or need additional information, please feel free to contact Cary Roe, Public Works Director, at (253) 661-4130. Sincerely, Michael Park Mayor MP/RP:jlf k:\lutc~2000\psrc comment letter.doc CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: City of Federal Way Comments on the King County Draft 2000 Comprehensive Solid Waste Management Plan CATEGORY: BUDGET IMPACT: X CONSENT RESOLUTION Amount Budgeted: $ ORDINANCE STAFF REPORT Expenditure Amt: $ BUSINESS PROCLAMATION Contingency Req'd: $ HEARING STUDY SESSION FYI OTHER ATTACHMENTS: Memorandum to the Finance/Economic Development/Regional Affairs Committee dated October 5, 2000; Introductory Chapter of the King County Draft 2000 Comprehensive Solid Waste Management Plan (Draft Plan); copy of the Draft Plan comments from the Regional Policy Committee; and revised letter detailing City of Federal Way comments on the Draft Plan. SUMMARY/BACKGROUND: King Countyissuedadraftupdatetotheexisting1992ComprehensiveSolid Waste Management Plan in April. This plan applies to unincorporated King County and the Suburban Cities. The Draft Plan sets a course for the region's refuse recycling, collection, transfer, and disposal system for the next 20 years. During this period, the County plans to prepare for the closure of its last operating landfill (Cedar Hills), while beginning concurrent rail export of refuse to large scale landfills located east of the Cascades after upgrading its refuse transfer facilities to process the refuse for export. The City's Review of the Draft Plan resulted in comments designed to ensure that the final plan will best serve the City of Federal Way ratepayers. These comments focus on five areas: 1) The cost and equity of the county-wide solid waste system, emphasizing that collected wastes should be directed to transfer facilities that will minimize the cost to Federal Way ratepayers. 2) Issues related to self-haul access at disposal facilities, to oppose changing self-haul rates and access at the expense of ratepayers and the City. 3) City involvement in the solid wasteplan implementation, to ensure that the final plan clearly definesthe City's role in the approval of system components developed through the new plan. 4) The draft plan's level of detail, to provide the City with detail on how plan components will be ranked, selected and approved. 5) Solid waste reduction and recycling (WR/R)planning, to provide suggested improvements to the plan and its alternatives in order to best serve ratepayers through proficient program planning and design. Staff prepared a draft letter for review by the Finance/Economic Development/Regional Affairs Committee and incorporated their comments into the attached letter, including adding strategic comments on the Draft Plan submitted in separate correspondence from the Regional Policy Committee. CITY COUNCIL COMMITTEE RECOMMENDATION: At its October 9~h meeting, the Finance/Economic Development/Regional Affairs Committee reviewed and provided comments to the draft letter. The Committee directed staffto incorporate changes into the letter, to include supplementingthe City's comments with those from the Regional Policy Committee, and to forward the revised letter to the October 1Th City Council meeting consent agenda. CITY MANAGER RECOMMENDATION: Motion to authorize the City Manager to sign the revised comments letter to King County Solid Waste Division as approved by the Finance/Economic Development/Regional Affairs Committee and the City Council. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: COUNCIL BILL # 1st Reading APPROVED Enactment Reading DENIED ORDINANCE # TABLED/DEFERRED/NO ACTION RESOLUTION # k:\council\agdbillsL2000\O01017 - kc solid waste comp plan comments.doc October __, 2000 Mr. Mark Buscher, Lead Planner King County Solid Waste Division 201 S Jackson Street, Suite 701 Seattle, WA 98104-3855 Subject: City of Federal Way Comments on the King County Draft Comprehensive Solid Waste Plan Dear Mr. Buscher; The City of Federal Way has reviewed the King County Draft 2000 Comprehensive Solid Waste Management Plan (Draft Plan) and prepared the following comments which focus on these five areas: (1) The cost and equity of the countywide solid waste system, emphasizing that collected wastes should be directed to minimize the cost to Federal Way ratepayers. (2) Issues related to self-haul access at disposal facilities, to oppose changing self-haul rates and access at the expense of ratepayers and the City. (3) City involvement in solid waste plan implementation, to ensure that the final plan clearly defines the City's role in the approval of system components developed through the new plan. (4) The draft plan's level of detail, to provide the City with detail on how plan components will be ranked, selected and approved. (5) Solid waste reduction and recycling (WR/R) planning, to provide suggested improvements to the plan and its alternatives in order to best serve ratepayers through proficient program planning and design. (1) Cost and Equity in the Solid Waste System Transfer System Equity and the Impact of the Regional Direct Rate- South King County is not served equitably by the anchor/branch concept. The Algona site is the closest King County transfer station to the City of Federal Way. This transfer station has limited capacity, both in terms of the type of collection vehicles that can be efficiently unloaded, and in the number of self-haul and collection vehicles that can be accommodated in a timely manner. The City's hauler has typically directed a significant portion of its vehicles to the private Eastmont transfer station to take advantage of lower effective tipping fees~ in spite of the increased operating costs to deliver waste to Seattle. The City's previous contractor commented that there was minimal increase in route time due to the excessive late afternoon wait times at both the Algona and Bow Lake transfer stations as well as the operational difficulty of having drop-box loads routinely rejected at King County facilities due to size restrictions. Although these comments are subject to debate, it is clear that real financial incentives existed that spurred the contractor to use the private facility. ~ In the case of the City's previous contractor, Eastmont provided a rebate (discount tipping fee) for using that facility. The City's current contractor owns the Eastmont facility, and is able to internalize additional profit by using that facility. October __, 2000 Federal Way Comments on King County Draft CSWMP Page 2 From the City ratepayer perspective, collected wastes should be directed to minimize costs once tipping fees and contractor operating costs are fully accounted for. As such, it may not be in the City ratepayer's interests to bear the costs of using King County transfer stations for collection vehicles if net disposal and operating costs are higher than they would be to use a private facility. A better approach for the City would be to use a competitive process to select a collection contractor and to allow bidders to determine the best destination(s) [i.e. perhaps a mix of private and County transfer station usage] that would allow them to submit the most competitive bid. This cost reduction pressure on bidding haulers will force them to optimize their waste collection and transfer methods, passing a portion of those savings to the ratepayers. For this reason, the City contends that the Regional Direct Rate issue should be studied further. However, the City is now disinclined to a shift in the Regional Direct Rate toward marginal cost pricing, as this may not be in the best interest of cities as a whole. The City suggests that the Final Plan reassess the pros and cons of the Regional Direct Rate and gauge how this rate relates to potential WR/R programs and the need for transfer facility expansion. The County's proposed anchor/branch configuration will not necessarily address operational issues at the Algona transfer station which impact the efficiency of the city contractor's collection operations. Further, if host fees are provided to those cities with the best (anchor) facilities, then Federal Way ratepayers could pay two penalties: an additional amount to compensate other cities for hosting their more efficient facilities as well as the increased costs of operational inefficiencies at the Algona facility. If a decision is reached to compensate host cities, funds that are provided should be dedicated for mitigation of specific, quantifiable impacts, and the level of compensation should be periodically reviewed to ensure that neither excess nor inadequate compensation is provided. The Draft Plan also appears to downplay the role of private transfer stations. The Final Plan should explore what would happen if all of the private transfer tonnage were redirected to County facilities. It is possible that the County's unit costs could increase if the added tonnage pushes past the threshold where significant capital investment would be required. Since the County is concerned with its aging transfer infrastructure, a better approach might be to view the private facilities as a relief valve for tonnage that the current system cannot handle efficiently. From this perspective, the tonnage handled by the private facilities provides an excellent WR/R target - those tons can be reduced at relatively low cost and operational risk to the County, while deferring some capacity investments for existing County transfer stations. For this reason, the County plan should more aggressively embrace WR/R with the objective of reducing overall system tonnage (this is discussed further in Section (5) of this letter). The County could then re-evaluate its needs over the next five years, and develop an appropriately sized transfer system when needed. The end result would be increased diversion and less system costs for ratepayers. System Costs and Cost Measures - The Draft Plan focuses on the County's tipping fee as a measure of overall costs. Using the county tipping fee as the main basis for measuring costs implies that the maintenance of the existing scale for the County's transfer and disposal system is the main mission for the Draft Plan and the primary criterion for evaluating WR/R program components. The City believes that the full system costs (including, for example, collection costs) should be taken into account in evaluating WR/R options, along with the other three more global objectives of resource conservation, environmental protection, and economic development, to be used in ranking options and alternatives. The Final Plan should ensure that resource conservation, environmental protection, and economic development are not overlooked based on too narrow a definition of cost effectiveness. This will best serve our ratepayer's long-term interests. Performance Audit- With regard to the Deloitte and Touche Performance Audit of 1996, the County has made progress on many recommendations. However, the organizational/structural recommendations made for implementation by the King County Solid Waste Division (KCSWD) appear to be largely a work in progress. The Final Plan should include a specific schedule for implementing the remaining recommendations or to provide a suitable alternative that meets the intent of the performance audit recommendations. Gainsharing Incentives- Gainsharing is not mentioned in the Draft Plan. The plan should address this if there is any intention of implementing such a program within the KCSWD (similar to programs that have been implemented at the County's sewage treatment facilities). October __, 2000 Federal Way Comments on King County Draft CSWMP Page 3 Privatization - The Final Plan should outline the pros and cons of refuse transfer facility privatization. Specifically, what types of operational changes, efficiencies and cost savings may be possible with various levels of transfer capacity privatization. (2) Issues Related to Self-haul Access Self-haul rates and access should not be changed at the expense of Federal Way ratepayers. The County is considering a number of changes to transfer station pricing to discourage self-hauling. There are two broad categories of self-haulers: those hauling relatively small amounts of material instead of subscribing to regular garbage collection; and those hauling loads of bulky waste or higher volumes of commercial or miscellaneous wastes that would not necessarily be appropriate for regular scheduled garbage collection. Unfortunately, pricing policies designed to affect the former group may unfairly impact the latter group to the detriment of cities. If a perception exists that unfairly high minimum fees and scale charges make the disposal of self-hauled bulky or clean-up waste unreasonable, the cities may have to develop additional services to fill that need and to counter illegal dumping. Those services could include additional community drop-off events, a subsidized curbside collection program for bulky wastes, additional code enforcement, or other programs. Regardless of the strategy, the City and/or its ratepayers will bear additional costs to address the unavailability of "reasonably" priced disposal for those items. Those costs may exceed the corresponding costs of County transfer station improvements or additional shifts (i.e. transfer stations open one or two evenings a week to handle residential self-haulers) to better serve self-haul customers without penalties. Therefore, the County should carefully consider the impacts to all classes of self-haulers before adopting punitive rate structures. If the self-hauling of small amounts of household waste is the primary concern, the County should review options for county-wide mandatory collection. For example, the County could consider adopting a collection district (county-wide universal collection) as was done in Whatcom County. In addition, the Final Plan should provide additional discussion on the pros and cons of having private-sector built/operated transfer stations to serve self-haulers. (3) City Involvement The existing County/City Solid Waste Interlocal Agreement is relatively one-sided in favor of the County. The term, lack of opt-out process, and limited avenues for City approval of County system changes do not allow for adequate reflection of City interests and concerns. The County is facing a number of critical issues in the next decade, including a shift of disposal site, a significant need to invest in the transfer station infrastructure, addressing labor/contracting constraints facing the County, and determining the role of private waste management firms in providing transfer facilities, and municipal solid waste and construction, demolition and landclearing (CDL) disposal capacity. All of these issues will directly impact the City and should require City approval prior to implementation. The City's role needs to be better defined in the Final Plan. The city approval process for the Comprehensive Solid Waste Management Plan (CSWMP) is one of the only means cities have to directly endorse the County's major solid waste policies and procedures. Therefore, it is important that the CSWMP provide clear policies and recommendations that cities can review and approve or disapprove. (4) Plan Intent and Level of Detail Compared with the previous King County CSWMP, the Draft Plan is vague on the specific programs and policies to be implemented during the plan period. The Draft Plan typically refers to the need for study, or a pending. decision, but provides little direction. At a minimum, the Draft Plan should clearly define the study scope and issues to be addressed, the study timeline, the criteria on which the decision will be made, and identify who will make the decision. Many key decisions will be made during the planning period, including transfer station configuration and system pricing, the involvement of the private sector in transfer operation, and specific diversion programs. In a plan lacking concrete recommendations, cities must have assurances in the Final Plan on how decisions will be made and a clear definition of the cities' roles in that decision-making process. October __, 2000 Federal Way Comments on King County Draft CSWMP Page 4 (5) Solid Waste Reduction and Recycling Planning King County has been a recognized leader in waste prevention and recycling, and deserves congratulations for attaining the goal of 50% waste diversion by 1995 established in the County's prior solid waste plan. A narrative mission, spelled out in the Draft Plan on pages two and three, replaces that numerical goal: "...To divert as much material as possible from disposal in a manner which reduces the overall costs of solid waste management to County residents and businesses, conserves resources, protects the environment and strengthens the County's economy." This broader mission could provide direction for waste prevention and recycling programs and systems that advance beyond the 50% diversion goal. However, the County's Draft Plan falls short in supporting this mission. Instead, it focuses primarily on maintaining and expanding the County's current waste transfer and disposal system, with major concerns centering on transfer and disposal system configuration, sizing, pricing and operating policies. The Draft Plan rejects substantial programs for waste prevention and recycling on the basis that decreased disposal tonnage would require increased disposal fees. Resource conservation, environmental protection, and economic development are not even mentioned as criteria in the Draft Plan's evaluation of waste prevention and recycling alternatives. In effect, the Draft Plan's evaluation of WR/R alternatives ignores three of the four criteria issued in its mission statement. The Final Plan should be reformatted so that these criteria are also included as measurable factors in goal setting, program planning, and evaluation of alternatives. This revision should provide a rational means for making decisions among strategies and policies that involve trade-offs between these four objectives. Of even more importance to the City, this revised plan could also result in a reduced need for expansion of the solid waste infrastructure, which would translate into lower ongoing costs for ratepayers. In a related topic, the Final Plan should also include waste reduction and recycling goals that are easy for residents and businesses to understand (and therefore straightforward for cities to promote and incorporate into service level · requirements). It would be ideal if these goals were specific for each sector (single-family, multi-family, commercial, CDL, etc.). The Selected Waste Reduction/Recycling (WR/R) Alternative- As discussed above, the Draft Plan's recommended WR/R Alternative #2 discounts the real potential for additional diversion and appears to have disposal rate stability as its primary objective. Alternative #3 appears to be feasible, would offer greatly increased diversion and certainly is worthy of more careful consideration. Alternative #3 should be given greater consideration as a means to maximize long-term diversion. Organics Diversion - The Draft Plan states that Alternative #3 was rejected due to uncertain market capacity for compost products and concerns over adverse impacts to disposal rates. This market question is similar to issues raised before recycling programs were implemented in the early 1990s. It seems unlikely that phased-in organics programs will exceed market demand, particularly with the amount of habitat restoration work planned or in progress in the Puget Sound area. This restoration work will require significant amounts of organic amendments. Barring evidence to the contrary, organics programs should be able to be gradually implemented over the next few years, with the phase-in schedule adjusted to address any market concerns. Disposal Rate Stability - The issue of managing disposal rates is primarily an administrative responsibility of the County and can be used as an argument against any and all diversion programs. In fact, scrapping existing County recycling programs would reduce the County's tipping fee, at least to the degree that the existing system could handle the increased tonnage without additional capital investment. Instead, the County should be responsible for adjusting the disposal system to cost-effectively handle residual tonnage. This may mean downsizing replacement facilities, deferring future disposal system capacity investment or adjusting staffing levels to reflect changes in disposal levels. If pollution prevention and waste minimization are desirable objectives in their own right, then the disposal system should be managed strictly as a "residual handling system," designed to take care of the "left- overs" with the County adjusting service and investment levels to match disposal quantities. With more flexible management by the County and a shift to a disposal system with a lower fixed cost to variable cost ratio, the system's cost impacts on ratepayers should be minimized. October _, 2000 Federal Way Comments on King County Draft CSWMP Page 5 A better approach would be to project costs under various tonnage capacity conditions, and then revise the Final Plan to clearly state a policy preference for maximum diversion, allowing the disposal system to be scaled to handle remaining residuals. Definitions - An important part of any CSWMP is defining the term "recyclables." The definition should clearly delineate the boundary between garbage and recyclables. This is also critical to encouraging entrepreneurial diversion activity and reducing conflicts between private recyclers and certificated or contracted garbage haulers. For example, a clear designation of post-consumer organics as "recyclables" would allow private companies to offer cost-effective collection and composting services and avoiding service area challenges by certificated or contracted garbage haulers. Therefore, the Final Plan should provide a specific policy of what is a recyclable material versus "garbage" and define "recyclables" as "...source-separated materials considered to be unwanted residuals or byproducts which are separated from disposed solid wastes by the generator for recycling or reuse, including, but not limited to papers, metals, glass, plastics, organics and other materials..." A similar issue is the Plan's use of the terms "source-separated" and "commingled" within the context of recycling. The Final Plan should incorporate a definition of "source-separated" indicating that the generator has separated recyclables from residual garbage, and not use this term in defining the degree of commingling in a recycling collection system. This preferred definition of source-separated is consistent with State law [RCW 70.95.030(24)]. Various recycling systems have different levels of commingling: the three-bin recycling system typically includes a commingled containers category, while Seattle's new system commingles all materials with the exception of glass. Other systems may commingle all fibers in one collection category and all containers in another category. All of these recycling systems feature a degree of commingling, which again, has little to do with the fact that they are all based on source-separation. These definitions should be clarified within the text of the Final Plan, either in the introduction (in the context of the overall framework of the Plan) or specifically addressed in the appropriate plan chapter (e.g. WR/R). The Final Plan should also include more precise definitions for service providers. Haulers operating under Washington Utilities and Transportation Commission (WUTC) authority should be referred to as "certificated haulers," not "franchised" or "licensed" haulers. Franchises and licenses are more specific tools cities can use to overlay their authority over WUTC-certificated haulers. These changes should be made where appropriate throughout the Final Plan. Construction, Demolition and Landclearing (CDL) Materials Diversion- The County has an important opportunity to significantly increase landfill diversion through CDL programs. The fact that the County does not physically manage the bulk of that stream does not mean that the County does not have a planning responsibility to develop diversion targets and the programs and policies needed to meet those targets. There are a wide range of diversion alternatives that could be implemented now, or phased-in. For example, the County and cities could consider revised demolition permit requirements, disposal restrictions, economic incentives, tipping fee rebates or other such mechanisms to drive CDL recycling. Some policies and programs could be implemented under the new CDL disposal contracts with regional operators. The Plan does not specifically address these alternatives, other than to indicate that they will be studied in the next year or two. Also of concern is the definitional issue discussed above. Specifically, at what point do mixed CDL materials become "garbage" which can only be hauled by certificated or contracted haulers. Clear definitions and policies should be developed for Section 8 of the Plan to encourage private recycling efforts. This in turn, will help to ensure that cost effective WR/R options for CDL are available for ratepayers. Moderate Risk tVaste (MR}V) - The Final Plan should address MRW issues as they related to solid waste programs and funding. At a minimum, the plan should explicitly state that MRW is subject to the same waste management hierarchy as other materials (reduction, reuse, recycling, and finally disposal). This could lead to greater flexibility in collecting this material more cost-effectively. This would also better allow the County to develop system costs for transfer stations that incorporate an MRW collection component. It is also important that the Final Plan explicitly allows for the installation and operation of MRW collection facilities at all County- operated transfer stations. This will assist in enhancing the equity of MRW collection available to Federal Way ratepayers. October __, 2000 Federal Way Comments on King County Draft CSWMP Page 6 Recycling Potential Assessment (RI>A) - A difficulty with developing WR/R recommendations is the need to establish a system for continuous evaluation and improvement. The Final Plan should recommend a "rolling RPA" approach where by Recycling Potential Assessments are conducted for each generator sector on a rotating schedule. For example, in the first year the County could conduct a residential RPA; the following year would be a commercial RPA; the third year would be a CDL RPA; the fourth year would be a residential RPA again; and so forth. Each RPA would identify and quantify alternative or enhanced programs while involving major stakeholders with the evaluation. The RPA should avoid becoming overly oriented toward modeling at the expense of properly evaluating the range and feasibility of operational alternatives. The "rolling RPA" approach would also allow the County to implement a continuous improvement approach to its WR/R programs. By reviewing and evaluating programs for all sectors every three years, the County could continually optimize and adjust programs and reduce the potential for dated or inefficient programs and service delivery. This innovation would best serve ratepayers by ensuring that WR/R programs are efficiently designed and operated. Packaging Waste Reduction - A more detailed policy and implementation strategy on packaging and product stewardship should also appear in the Final Plan. Recycling Marltet Prices - One of the Draft Plan's concerns about recycling is expressed on pages four through eleven as the belief that a potential exists for a sustained downturn in global recycling commodity markets "...putting prices for all recyclables at historic lows for a considerable period of time." Price data collected during the last 15 years that measures the average per ton value for the mix of materials collected curbside in King County indicates that this concern is not supported by historical evidence. Aggregate prices in the late-1980s for the commodities averaged under $60 per ton, while prices for these commodities in the late-1990s averaged over $80 per ton (following the market spike in the mid-1990s which pushed prices over $160 per ton). The trend in recycling market prices has been moderately positive over the period since the widespread adoption of residential curbside recycling in the early 1980s. Ratepayers will best be served by WPdR plans which reflect market data so this assumption should be reassessed in the Final Plan. The City of Federal Way is pleased to provide these comments regarding the King County Draft 2000 Comprehensive Solid Waste Management Plan (Draft Plan). We look forward to reviewing the final version of the plan. If you have any questions, please contact Rob Van Orsow, Solid Waste and Recycling Coordinator, at (253) 661-4141. Thank you for fully considering these comments in preparing the Final Plan. Sincerely, David Moseley City Manager DiVURV:jlf cc City Council Cary M. Roe, P.E., Public Works Director Rob Van Orsow, Solid Waste and Recycling Coordinator Project File Day File k:\swr\kcswd\plancomments-rev-cc.doc CITY OF FEDERAL WAY MEMORANDUM DATE: October 5, 2000 TO: Finance, Economic Development and Regional Affairs Committee FROM: Rob Van Orsow, Solid Waste & Recycling Coordinator~--~. Moseley, City Manager ~ VIA: David H. SUBJECT: City of Federal Way Comments on the King County Draft 2000 Comprehensive Solid Waste Management Plan BACKGROUND King County issued their Draft 2000 Comprehensive Solid Waste Management Plan (CSWMP) update. In response staff reviewed the plan and prepared comments designed to ensure that the final plan will best serve the City of Federal Way ratepayers. These comments focus on the following five areas: (1) The cost and equity of the county-wide solid waste system, emphasizing that collected wastes should be directed to minimize the cost to Federal Way ratepayers. (2) Issues related to self-haul access at disposal facilities, to oppose changing self-haul rates and access at the expense of ratepayers and the City. (3) City involvement in the solid waste plan implementation, to ensure that the final plan clearly defines the City's role in the approval of system components developed through the new plan. (4) The draft plan's level of detail, to provide the City with detail on how plan components will be ranked, selected and approved. (5) Solid waste reduction and recycling (WR/R) planning, to provide suggested improvements to the plan and its alternatives in order to best serve ratepayers through proficient program planning and design. A draft letter detailing these comments is attached. Staff originally intended to forward the draft plan comments to the City Council at the same time they would be submitted to the County. However, due to the complexity of the plan's issues, these draft comments are being submitted to the City Council for analysis, to ensure that the comments are complete and reflect the City's policy position. Subsequently, the County deadline lapsed due to staff misunderstanding. Staff informed King County that the City intends to provide these comments. There are several months built into the comment review process, and County staff indicated that the comments by the City of Federal Way would receive consideration in the final version of the CSWMP provided they are submitted in a timely manner. Staff would appreciate any suggestions for improvement to the range of comments already drafted. RECOMMENDATION Staff recommends placing the following item on the October 17, 2000 Council Consent Agenda for additional consideration and approval by the City Council: Approval of the City's comments on the King County Draft 2000 .Comprehensive Solid Waste Management Plan to be finalized and forwarded to King County. k:\fedcL2000\kccswmp comments.doc King County Department of Natural Resources Solid Waste Division Solid Waste Management Plan April 2000 King County Solid Waste Division 201 8outh Jackson Street, Suite #701 Seattle, WA 98104-3855 (206) ~,96-654~, ~) T.his entire document is printed on recycled paper. From Planning to Action Residents and businesses in King County are reducing wastes and recycling more than ever before. Since the 1980s, regional programs and'services have increased the amount of materials recycled by more than 250 percent. Vital markets are continually being pursued for recyclable materials and recycled-content products. All in all, as a region, we're headed in the right direction. On the other hand, the region is growing and, despite our best efforts, so is the amount of garbage generated. It's unavoidable - more people means more garbage. But the future is far from bleak. During the current planning period from 2000 to 2020, the region's aging transfer system will be readied for waste export since the County's only active landfill is expected to close in 2012. Recycling and reuse opportunities and mar- kets will be expanded. The primary challenge for the future is to strike a balance between providing safe and efficient region-wide services and keeping the rates customers pay as low as possible. The 2000 Comprehensive Solid Waste Management Plan is a work in progress. This draft Plan is the culmination of the first phase of a region-wide planning effort. While it was prepared by the King County Solid Waste Division, it represents the diverse ideas and concepts of the many participants in the regional system, including: · Elected officials and solid waste coordinators from the 37 cities that are part of the regional system · Representatives from the private solid waste management companies · The Unincorporated Area Councils King County Comprehensive Solid Waste Management Plan · 2000 Chapter ~- From Planning to Action · The Solid Waste Advisory Committee · Solid Waste Division employees · Private citizens served by the regional solid waste system The process for preparing the draft 2000 Plan began in the spring of 1999 with the input phase. Division staff met individually and in groups with the six key constituents identified above to discuss the wide range of- solid waste issues facing the region during this 20-year planning period. To be sure the citizens were heard, six public meetings were held across the County. These meetings were attended by some 250 citizens who contributed their ideas and  i? ~ expectations about the future of solid waste and recy- ,~ ~ ~ cling services in the region and in their own communi- ~ i~ ..i~ ties. Suggestions from all of the participating groups : ~'i¢~r' form the basis of the proposed alternatives and recom- ~ ~: ~~ mendations developed in this Plan.  Release of this draft Plan marks the beginning of the ~ .-~_ second phase of the planning effort - regional dialogue. ..... .~..:, ..... The discussion process will begin again in this second phase, with the ultimate goal of achieving regional con-  sensus. The last phase of the process will be the devel- opment and adoption of a final Plan for the region. During the development of the draft Plan, six: pub.cmeet~ngswere Guide to the Plan held across the County to hear input from citizens This Plan presents the region's road map to ..the future. Chapter 2 helps set the stage for the reader by providing a brief look at the history of solid waste management in the region and the mechanisms both legal and administrative - that guide the planning process. Chapter 3 looks at projected growth and how that growth and other factors are used to develop waste generation, recycling, and disposal forecasts for the region. Chapters 4 through 10 discuss in detail the operational and programmatic elements of the system, including: · Waste reduction, recycling, and market development · Collection of mixed municipal solid waste (MMSW) and recyclables · The transfer system · MMSW disposal · Handling of construction, demolition, and landclearing debris (CDL), and special wastes ' DRAFT King County Comprehensive Solid Waste Management Plan · 2oo0 ~_'2 Chapter 1. From Planning to Action · Enforcement · System financing and rates Each chapter presents the background and planning issues associated with these ele- ments. In some cases, detailed alternatives are developed and presented for considera- tion. For each issue discussed, the chapter also presents a recommendation, which might propose specific actions, suggest a continuation of current practice, or ~ identify the need for further dialogue or additional studies. For ease of locating the recommendations, they are noted with the symbol to the right. A summary of the recommendations, with the associated page on which discussion can be found, is provided in Table 1-1. Every reader and participant in this planning process should understand that these recommendations are not final. Rather, every alter- native, proposal, and recommendation is open for public comment during this regional dialogue phase. Any recommendation selected for implementation will be required to comply with all federal, state, and local laws. Each chapter also contains tables and figures intended to illustrate specific points or issues in the draft Plan text. As such, they must be read in conjunction with the accompanying text found in each chapter. A glossary of terms is presented at the end of the document. In addition, each chapter cites various supporting documents, studies, and technical papers that are provided in the Draft 2000 Comprehensive Solid Waste Management Plan Technical Appendix. This appendix is bound in a single volume under separate cover. ?able ~-~o Summary of Plan Recommendations Chapter 4 Waste Reduction, Recycling, and Market Development ~ Use the newly developed objectives and measurement targets to track the region's progress in reducing waste generation and meeting waste reduction and recycling goals .................. 4-5 ~' Continue and expand education, promotion, incentive, and technical assistance programs related to waste reduction, source reduction, resource conservation, and recycling ........................ 4-15 I~ Continue and expand promotion of existing material exchanges and reuse centers; evaluate development of other venues for reuse... 4q6 ~ Build on existing partnerships and joint programs with other governments, agencies, businesses, and organizations ......... 4-16 ~ Integrate programs with other conservation activities ........... 4-17 ~ Increase coordination with the cities ........................ 4-18 DRAFT King County Comprehensive Solid Waste Management Plan- 2ooo ~' ' 3 Chapter 1 - From Planning to Action Table ~-~. continued Chapter/4 Waste Reduction, Recycling, and Market Development, continued 1~ Evaluate recycling opportunities at County transfer stations ...... 4-1.8 I~ Implement enhanced collection of organic materials ............ 4-1.9 ~ Develop ways to improve the recycling rate in the small business community ..................................... /4-20 ~ Expand market development programs for recyclable materials... 4-20 Chapter 5 Collection of Mixed Municipal Solid Waste and Curbside Recyciables ~ Maintain the existing system of flow control and keep the Interlocal Agreements with the cities in place ................. 5-13 I~ Explore an efficient and economical service for residential pick-up of bulky wastes ................................... 5-1.5 I~ Continue to research the benefits of commingled recyclables collection, changing the frequency of collection, and adding 'recyclable materials for collection ........................... 5-1.7 I~ Look at more ways to coordinate special collection events with the cities ..................................... 5-1.7 k Continue to study the costs and benefits of providing a stationary household hazardous waste collection site in the County ........ 5-1.8 I~ Continue to monitor and support state legislation that would allow local government to establish region-wide incentive rates to encourage waste reduction and recycling ..................... 5-1.8 ~ Expand opportunities in the community for recycling and reuse through take-back programs .......................... 5-1.9 Chapter 6 The Regional Transfer System 1~ Reduce demand for self-haul service at transfer stations by encouraging subscription to curbside collection services and holding more special collection events ....................... 6-1.2 I~ At smaller stations, restrict self-haul use during peak hours of commercial hauling activity ................................ 6-1.2 ~ Seek Executive authority to adjust transfer station hours to tailor services to the customers ............................ 6-1.2 I~ Further analyze and discuss three transfer system alternatives ............................... 6-3o · Implementation of the anchor and branch concept developed in the Division's 1.999 Business Plan DRAFT King County Comprehensive Solid Waste Management Plan · 2000 Chapter 1 · From Planning to Action · Rabanco's proposal to have the County close the Renton Transfer Station and direct garbage to Rabanco's Black River CDL Transfer and Recycling Station · The addition of a competitive review process for public- and private-sector proposals for the transfer system Chapter 7 Disposal of Mixed Municipal Solid Waste ~ Procure waste export for the region when the Cedar Hills Regional Landfill closes (expected in 2012) .................... 7-6 I~ Continue to monitor export price and landfill capacity and report annually .......................................... 7-8 I~ Continue to monitor and maintain the closed and custodial landfills and explore beneficial reuse options whenever feasible ......... 7-13 Chapter 8 Construction, Demolition, and Landclearin§ Debris and Special Wastes I~ Continue to study the CDL waste stream composition through 2002 ................................. 8-6 I~ Based on studies, evaluate alternatives for managing CDL before the current CDL handling contracts expire in 2004 ..... 8-6 ~ Continue to manage special wastes (which includes contami- nated soil, asbestos-containing materials, biomedical wastes, treatment plant grit, vactor wastes, wood wastes, agricultural wastes, waste tires, and other) under current practices; after the Cedar Hills Regional Landfill closes, handle special wastes as shown in Table 8-3 ..................................... 8-7 Chapter 9 Enforcement I~ Maintain existing enforcement systems for permitting and compliance, flow control, and special waste acceptance .... 9-3 to 9-6 ~ Continue the Community Litter Cleanup Program, reconvene the Illegal Dumping Task Force, and continue to coordinate County-wide efforts to control illegal dumping and littering ....... 9-8 Chapter lo Solid Waste System Financing and Rates ~ Take a comprehensive look at the costs and benefits of the various rate structure alternatives and determine whether different rate structures might be more equitable and reasonable for customers overall .......................... DRAFT King County Comprehensive Solid Waste Management Plan- 2o00 1_ - 5 Chapter 1 · From Planning to Action Process for Adoption of a Regional Plan Issue of this draft Plan begins the public comment period, which extends from April through July, at a min- imum. The County will again work with all of the public- and private-sector groups that participated in the devel- opment of the draft Plan. The King County Council will also be briefed on the content and recommendations presented in the Plan. All comments received will be reviewed and addressed in developing the final Plan. The final Plan must be approved by the Washington Department of Ecology and adopted by the King County Council and the cities before implementation. A sched- ule for development of the Plan from draft to final is shown in Figure 1-1. issue of this draft Plan begins the regional Figure ~-t. Process for Development, Review, and Adoption of the Plan dialogue phase, which will lead to development )raft Plan Development of a final Plan for May-October 1999 Meetings with the public- and private-sector groups adoption October 1999-April 2000 Preparation and issue of the draft Plan and draft Environmental Impact Statement (ELS) [Note: The draft ElS is being prepared independently and will be issued ~ in May 2000.] Draft Plan Review and Response to Comments April-July 2ooo · Public review and comment period · Work with Pi'an participants · Briefing of the King County Council and Regional Policy Committee on the Plan Draft Plan and Draft ElS Revision (projected date) '- August-November 2000 Revision of draft Plan and draft ElS based on review of public comments Issue and Adoption of Final Plan (projected date) December 2ooo Issuance of final Plan and final ElS for adoption 1_ - 6 DRAFT King County Comprehensive Solid Waste Management Plan · 2000 Metropolitan King County Council Distdct Te~ September 28, 2000 The Honorable ROn sims King County Executive 516 Third Avenue, Room ~,00 Seattle,. Washington. 98104 -' Dear EXeCutive Sims: The Regional Policy Committee has spent time at its past.fcw me. tings r~vieWing a~d discussing the Draft'2000 Comprehensive Solid Waste Management Plan. Thc following issues' were identified by the Committee members as worthy of further review. · Countywide Poliq on Packaging The Committee members wonder whether there is a countywide policy on packaging and product stewardshiP? If not, such a policy and implementation strategy should be committed to in the Final Plan. · .Self-haul Disposal Services Provided by Private Sector The Committee desires to know the pros and cons of having the private sector build ancYor operate transfer stations to serve self-haulers. Can mis be referenced and discussed? How will the Final Plan indicate that this issue was explOred? · Solid Waste Flows Through Private and Public Facilities The Final Plan should provide more detail on how the current level of private transfer (also known as Regional Direct), which is approximately 23 percent of total tonnage, was arrived at. Is this an informal agreement, or can the volume change in either direction (public versus private transfer facilities)? What would'bo the.financial implications for the County's transfer stations and rates if County volumes decreased? The Draft Plan appears to bypass this issue, and sidesteps, the discussion of additional privatization, other than referencingtha County's Labor Policies. RPC members believe a more thorough discussion of howl the waste.stream is balanced between private and public facilities would be helpful. In particular, the information would be useful in understanding the facility sitiag, upgrading and expansion recommendations in the plan. Examples (if they exist) of how other regional systems have balanced the Room 1200, King County Couahouse, 516 Third Avenue, Seatlle, WA 98104-3272 (206) 296-1010 FAX (206) 296-0198 TTY;TDO (206) 296-'1024 '~:~' PriOiOd on Recy~ed Paper · September 29, 2000 Page 2 - flow of waste streams between private and public transfer stations may also bc enlightening. · System E~ciencies RPC members are very interested in achiev~e transfer and disposal system. One method to achieve this is gains~g, another is ,... I) privatization. It woUld be helpful if the Final Plan could outline what types of .' ~~ung system efficiencies),, the Final Plan should expand the discussion of potential incentives such as making extra and bulky waste collection cost-competitive with-the costs of self-hauling. Working with the cities to develop a disposal rate structure that would have scl.f-haulers pay for the full cost for the services they receive may be a fine idea, but would require an incredible amount of finesse to accomplish. ..- The Committee supports the proposed coupon pilot program for reducing or managing the demand for self-haul service and would like to see additional concepts (or perhaps the broader application of this'concept) surfaced in the Final Plan.. Any j~ such programs, however, should be developed in partnership with Seattle and the adjoining Counties in order to minimize cross-border movement of self-haul waste. · Out-of-Counly Self-haul The Final.Plan should d,j~s whether n~on ounty residents could be excluded from or surcharged for use ot'~. It would be helpful.to include statisfies~ if available, that demoiastrate..~t~o~a~t of crossoVer that takes plaCe otis anticipated. The samew0uld go f~~e.r~id~i~ using the - .'- County facilities. 'This informatiOn would,be beneffe'~ as~:~'E-~pproving bodies consider that amount of subsidy self-haulers.apparently receive in the system. · Transportation- Costs Bid Separately Regarding the transportation of solid waste, departmental staffindieated that the county.most likely would seek bids for waste exportthat included the costs of transportation. Some RPC members questioned whether or not this.could make the County vulnerable to price gouging by transportation firms. It would, be helpful to have a more detailed explanation or-the benefits of seeking requests,for-proposals that are all.inclusive of transportation and' disposal costs versus separate contracts. · September 29, 2000 Page 3 - Thank you for the opportunity to comment onthe Dr'afl Solid Waste Plan. If you require clarification of any of the preceding issues please, contact me, Renton Councilmember Kathy Keolker-Wheeler, or our Council staff (Michael Alvine or Keith Oratz). We look forward to working with you on this issue. "Lam/Gossett Councilmember- District 10 Chair,' Regional Policy Committee Cc: Suburban Cities ATTN: Deborah EddY, Executive Director, Suburban Cities Association Metropolitan King County Council Members Pam Bissormette, Director, Department.of Natural Resources, King County Regional Policy Committee .Members MEETING DATE: October 17, 2000 I/EM# ~..~/ CITY OF FEDERAL WAY g7- City Council AGENDA ITEM SUBJECT: 2000 Local Law Enforcement Block Grant CATEGORY: BUDGET IMPACT: X CONSENT RESOLUTION ORDINANCE --STAFF REPORT Amount Budgeted: $ BUSINESS PROCLAMATION Expenditure Amt: $ HEARING STUDY SESSION Contingency Reqd: $ FYI OTHER ATTACHMENTS: Memo from Interim Chief Chaney regarding the Parks, Recreation, Human Services and Public Safety Committee recommendation and the 2000 Local Law Enforcement Block Grant Addendum. SUMMARY/BACKGROUND: Since 1996, the Federal Way Department of Public Safety has had the good fortune to benefit from the Bureau Justice Assistance (BJA) Local Law Enforcement Block Grants (LLEBG). Once again, I am pleased to announce that we have been granted the 2000 LLEBG federal award in the amount of $83,790.00. The Department of Public Safety's intent for this funding is to provide additional community safety as outlined as follows: 1. Firearm LockBoxes The Department, as well as the State, authorize and encourage commissioned police officers to be armed during off-duty and ready to react to an emergency. Based on this philosophy, providing the officers the means to secure their weapons at home increases community safety. Lockboxes safeguard loaded firearms from children and thefts while still allowing ready access in case of emergency. 2. Stop Sticks Directly related to the increase of high speed fleeing suspects, the Department has identified the Stop Stick, used by other local law enforcement agencies, to deploy across roadways, deflate the tires of a fleeing suspect, and reduce the inherent risk to the public. 3. Overtime for Additional Assistance for the Pacific Corridor Patrol Program During the 2001-2002 Biennium Budget process, the Department submitted a Request for New Program, which includes a patrol officer (FTE) position. This is a proactive emphasis patrol to reduce narcotic and prostitution (Stay Out of Areas of Prostitution) activity on the Pacific Highway Corridor in Federal Way. In keeping with the new Drug/SOAP position, we are recommending the use of these funds to provide additional personnel to assist in an overtime basis with the Pacific Corridor Patrol. As a special condition, the Department will provide a local match in the amount of $9,310.00, which will be absorbed by the Department of Public Safety's base line. Our Award Approval Notification date is 9/29/00, from that date we have 45 days (due 11/13/00) to accept the award and 90 days (due 12/28/00) to draw down the funds. CITY COUNCIL COMMITTEE RECOMMENDATION: At the October 9, 2000, meeting the Parks, Recreation, Human Services and Public Safety Committee recommend that the 2000 Local Law Enforcement Block Grant be forwarded to City Council for consideration. CITY MANAGER RECOMMENDATION: Motion to authorize t~to accept the funding. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: COUNCIL BILL # APPROVED 1st Reading DENIED Enactment Reading TABLED/DEFERRED/NO ACTION ORDINANCE # RESOLUTION # Item 5E CITY OF FEDERAL WAY DEPARTI~NT OF PUBLIC SAFETY DEPARTI~IENT Date: October 9, 2000 To: Parks, Recreation, Human Services & Public Safety Council Committee From: Thomas J. Chaney, Sr., Interim Chief of Police Via: David ~anager Subject: 2000 Local Law Enforcement Block Grant Background: Since 1996, the Federal Way Department of Public Safety has had the good fortune to benefit from the Bureau Justice Assistance (BJA) Local Law Enforcement Block Grants (LLEBG). Once again, I am pleased to announce that we have been granted the 2000 LLEBG federal award in the amount of $83,790.00. The Department of Public Safety's intent for this funding is to provide additional community safety as outlined as follows: 1. Firearm Lock Boxes The Department, as well as the State, authorize and encourage commissioned police officers to be armed during off-duty and ready to react to an emergency. Based on this philosophy, providing the officers the means to secure their weapons at home increases community safety. Lockboxes safeguard loaded firearms from children and thefts while still allowing ready access in case of emergency. 2. Stop Sticks Directly related to the increase of high speed fleeing suspects, the Department has identified the Stop Stick, used by other local law enforcement agencies, to deploy across roadways, deflate the tkes of a fleeing suspect, and reduce the inherent risk to the public. 3. Overtime for Additional Assistance for the Pacific Corridor Patrol Program During the 2001-2002 Biennium Budget process, the Department submitted a Request for New Program, which includes a patrol officer (FTE) position. This is a proactive emphasis patrol to reduce narcotic and prostitution (Stay Out of Areas of Prostitution) activity on the Pacific Highway Corridor in Federal Way. In keeping with the new Drug/SOAP position, we are recommending the use of these funds to provide additional personnel to assist in an overtime basis with the Pacific Corridor Patrol. As a special condition, the Department will provide a local match in the amount of $9,310.00, which will be absorbed by the Department of Public Safety's base line. Our Award Approval Notification date is 9/29/00, from that date we have 45 days (due 11/13/00) to accept the award and 90 days (due 12/28/00) to draw down the funds. FLAURA/MS/AGENDA/PS/100900/00LLEBG Federal Way Department of Public Safety October 9, 2000 2000 LLEBG Committee Recommendation: To move to City Council Meeting on October 17, 2000 for approval and acceptance of the BJA 2000 Local Law Enforcement Block Grant in the federal amount of $83,790.00 and local match in the amount of $9,310.00, for a total award amount of $93,100.00. !~ ~:;!:~ ~:i:i:!~::i:'~i::;?-!:~:!:~:!:i:!:!:i::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :~::.-:i:.:::::::::~:::~.-: .~.!:~:~:::~:::::.:.:~i~:~:~i FLAURA/M S/AGENDA/PS/100900/00LLEBG CITY OF FEDERAL WAY DEPARTMENT OF PUBLIC SAFETY DEPARTMENT Date: October 10, 2000 To: Parks & Recreation, Human Services & Public Safety Council Committee From: Thomas J. Chaney, Sr., Interim Chief of Police/~/' Via: David Moseley, City Manager Subject: 2000 Local Law Enforcement Block Grant - Addendum In compliance to the request from the Parks and Recreation, Human Services and Public Safety Council Committee on October 9, 2000, the following details the proposed two-year budget for the 2000 Local Law Enforcement Block Grant. 2000 LLEBG Proposed Budget Revenue Totals Item # Description Cost 1 2000 LLEBG Award 83,790.00 2 Local Match 9,310.00 Award Revenue Total* 93,100.00 Expenditure Unit Extended Item # Description Qty Cost Cost I Firearm Lock Boxes 150 179.00 26,850.00 la Sales Tax 8.4% 2,255.40 lb Freight 750.00 Estimated Subtotal 29,855.40 2 Stop Sticks; 9' 35 349.00 12,215.00 2a Installation/Training Video n/c 2b Replacement Warranty n/c 2c Sales Tax 8.4% 1,026.06 Freight 133.60 Estimated Subtotal 13,374.66 3 Overtime (projected hours); 1249.25 39.92 49,870.06 2nd Emphasis Officer; Pacific Highway Estimated Subtotal 49,870.06 Estimated Expenditure Total 93,100.12 *Earned Interest to be added. ,Al IR A/M,C;/AGENDA/P,c;/I 01000/ADI ,ERC',O0 CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 2001 Criminal Justice Funding CATEGORY: BUDGET IMPACT: X CONSENT RESOLUTION Amount Budgeted: $ ORDINANCE STAFF REPORT --BUSINESS PROCLAMATION Expenditure Amt: $ --HEARING STUDY SESSION Contingency Reqd: $ FYI OTHER ATTACHMENTS: Memo from Interim Chief Chaney regarding the Parks, Recreation, Human Services and Public Safety Committee recommendation. SUMMARY/BACKGROUND: The total amount available for distribution to cities for the period January 1, 2001 through December 31, 2001, is an estimated amount of $2.9 million from the State General Fund. Criminal Justice Funding is facilitated by the Department of Community, Trade, and Economic Development and is based on population. The City of Federal Way's estimated application amounts, listed below, total $65,052.00 and is intended to provide continual support for the following three program areas: ' Program Area Department's Purpose Allocated Funds #1 Innovative Law Enforcement Strategies Kids Care Program $16,860.00 #2 At-Risk Children or Child Abuse Adopt-a-School $24,096.00 #3 Counseling Domestic Violence Victims DV & Victim Assistance Program $24,096.00 CITY COUNCIL COMMITTEE RECOMMENDATION: At the October 9, 2000, meeting the Parks, Recreation, Human Services and Public Safety Committee recommended that the 2001 Criminal Justice Funding be forwarded to City Council for consideration. CITY MANAGER RECOMMENDATION: Motion to authorize, the City Manger to accept the funding. APPROVED FOR INCLUSION IN COUNCIL PACKET: _.,.~"ghn b, (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: COUNCIL BILL # APPROVED 1 st Reading DENIED Enactment Reading TABLED/DEFERRED/NO ACTION ORDINANCE # RESOLUTION # Item 5F CITY OF FEDERAL WAY DEPARTMENT OF PUBLIC SAFETY DEPARTMENT Date: October 9, 2000 To: Parks, Recreation, Human Services & Public Safety Council Committee From: Thomas J. Chaney, Sr., Interim Chief of Police Via: David Mo~nager Subject: 2001 Criminal Justice Funding Background: The total amount available for distribution to cities for the period January 1, 2001 through December 31, 2001, is an estimated amount of $2.9 million from the State General Fund. Criminal Justice Funding is facilitated by the Department of Community, Trade, and Economic Development and is based on population. The City of Federal Way's estimated application amounts, listed below, total $65,052.00 and is intended to provide continual support for the following three program areas: Program Area Department's Purpose Allocated Funds # 1 Innovative Law Enforcement Strategies Kids Care Program $16,860.00 #2 At-Risk Children or Child Abuse Adopt-a-School $24,096.00 #3 Counseling Domestic Violence Victims DV & Victim Assistance Program $24,096.00 Committee Recommendation: j '? To move to City Council Meeting on October ~X, 2000 for approval and acceptance of the 2001 CTED Criminal Justice Funding in the amount of $65,052.00. I/LA U RA/M S/AG EN DA/PS/100900/01 crimjf MEETING DATE: October 17, 2000 ITEM# ~ CITY OF FEDERAL WAY City Council AGENDA ITEM .... ................................................................................................................................................... CATEGORY: BUDGET IMPACT: CONSENT ~ RESOLUTION Amount Budgeted: $ ORDINANCE STAFF REPORT ExpenditureAmt: $ BUSINESS PROCLAMATION Contingency Reqd: $ X HEARING STUDY SESSION FYI OTHER ATTACHMENTS: October 10, 2000 Memorandum to City Council with the following three exhibits: 1) September 11, 2000 Staff Report to the Land Use/Transportation Committee; 2) Maps of Site Specific Requests; 3) September 15, 2000 Correspondence from AHBL. SUMMARY/BACKGROUND: A formal process for updating the comprehensive plan and development regulations was adopted in March 1999. This process sets up a yearly deadline of September 30 to submit application(s) for amendments. Pursuant to Federal Way City Code (FWCC) Section 22-523, after the deadline for accepting applications, the City Council shall hold a public hearing and select those docketed amendment requests it wishes staff to analyze further. On September 11, 2000, the Land Usc/Transportation Committee (LUTC) reviewed five new site-specific requests and one amendment to a request previously received in April 1999 for changes to the comprehensive plan designations and zoning. CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC recommended that all of the Site- Specific Requests be analyzed further by staff (Please refer to October 10, 2000, Memorandum to City Council.) CITY MANAGER RECOMMENDATION: Motion to approve the LUTC's recommendation. .... ................................................................................................................. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL # DENIED ORDINANCE # __. TABLED/I)EFERRED/NOACTION RESOLUTION # l:\00cmpamn\CC AGENDA COVER SHEET ON SELECTION PROCESS.doc/I 0/10/00 4:39 PM CITY OF FEDERAL WAY MEMORANDUM October 1 O, 2000 TO: Mayor and City Council Members FROM: Kathy McClung, Interim Director of Community Development Services Margaret H. Clark, AICP, Senior Planner SUBJECT: 2000 Comprehensive Plan Update MEETING DATE: October 17, 2000 I BACKGROUND A formal process for updating the comprehensive plan and development regulations was adopted in March 1999. This process sets up a yearly deadline of September 30 to submit application(s) for amendments. Pursuant to Federal Way City Code (FWCC) Section 22-523, after the deadline for accepting applications, the City Council shall hold a public hearing and select those docketed amendment requests it wishes staff to review further. It is the city's practice that all city business be presented to a Council Committee, in this case the Land Use/Transportation Committee (LUTC), prior to Council deliberation. On September 11, 2000, the LUTC reviewed five new site-specific requests received in September 1999 and one amendment to a request previously received in April 1999 for changes to the comprehensive plan designations and zoning. The staff report and recommendations to the LUTC are attached as Exhibit 1. The LUTC's recommendations, which are being forwarded to the full council for action, are contained in Section II of this staff report. Following the LUTC meeting, notice was published in the Federal Way Mirror and posted on all public notice boards utilized by the city. In addition, all property owners within 300 feet of the site were notified by mail, and the sites were posted. II LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION This section (Section II) includes a summary of each request (Locations are shown in Exhibit 2), followed by both the staff and the LUTC's recommendation as to whether each request should go forward for further analysis. In addition, any telephone or written comments received prior to completion of the staff report have been included. Please refer to the staff report (Exhibit 1) for staff analysis of each request relative to the eight selection criteria. A Map showing all requests is attached as Exhibit 2, Page 1 of 8. -1- THE FOLLOWING IS A SUMMARY OF THE FIVE NEW SITE-SPECIFIC REQUESTS RECEIVED IN SEPTEMBER 1999: SITE SPECIFIC REQUEST #1 Parcel: 332204-9109 Location: North of 288~ Street and east of Pacific Highway (Exhibit 2, Page 2 of 8) Size: 0.48 acres. Proponent: DMB Consulting Engineers on behalf of the owners of the Goodwin Dental Clinic Owner: Thomas Goodwin & Carl Jacobsen (Goodwin Dental Clinic) Existing Comprehensive Plan Designation: Multifamily Existing Zoning: RM 1800 (Multifamily - one unit per 1,800 square feet) Requested Comprehensive Plan Designation: Community Business Requested Zoning: Community Business (BC) Staff Recommendation: That the request go forward for further analysis. LUTC Recommendation: Concur with staff Public Comments Received: None SITE SPECIFIC REQUEST #2 Parcels: 042104-9012 & 042104-9221 Location: North of South 304~ Street and east of Pacific Highway South (Exhibit 2, Page 3 of 8) Size: 22.16 acres Proponent: Bessie Danilchik Owner: Bessie Danilchik Existing Comprehensive Plan Designation: Single Family High Density Residential & Multifamily Existing Zoning: RS 7.2 (Single Family - one unit per 7,200), RS 5.0 (Single Family - one unit per 5,000 square feet), and RM 1800 (Multifamily - one unit per 1,800 square feet) Requested Comprehensive Plan Designation: Multifamily Requested Zoning: RM 2400 (Multifamily - one unit per 2,400 square feet) Staff Recommendation: That the request go forward for further analysis. -2- LUTC Recommendation: Concur with staff Public Comments Received: Two neighbors have voiced concerns about the requested change to multifamily and the potential adverse impacts to the neighborhood east of 20t~ Avenue. One other neighbor called with questions on the request. SITE SPECIFIC REQUEST #3 Parcels: 092104-9100; 092104-9096; 092104-9261; 401320-0006; 092104-9220; 092104-9295 Location: South of South 304~ Street and on both sides of Military Road (Exhibit 2, Page 4 of 8) Size: 4.9 acres. Proponent: Roger Cartland on behalf of himself and four other property owners Owners: Please refer to the following table: Parcel No. Property Owner Acres 092104-9100 Roger Cartland (at time of amendment request) 1.03 acres 092104-9096 Allan Woida 2.25 acres 092104-9261 Robert Robinson 0.46 acres 401320-0006 Vilma Stewart Taylor 0.3 acres 092104-9295 Marilyn Schumacher 0.44 acres 092104-9220 Marilyn Schumacher 0.41 acres Total 4.9 acres Existing Comprehensive Plan Designation: Single Family High Density Residential Existing Zoning: RS 7.2 (Single Family - one unit per 7,200 Requested Comprehensive Plan Designation: Community Business Requested Zoning: Community Business (BC) Staff Recommendation: That the request not go forward for further analysis. LUTC Recommendation: Concur with staff Public Comments Received: One letter was received from AHBL, consultants Working on behalf of the applicants asking for a reconsideration of the LUTC's recommendation based on noise levels (Exhibit 3). AHBL asserts that additional study is warranted by the City prior to a decision being made. -3- SITE SPECIFIC REQUEST #4 Parcels: 092104-9139; 092104-9316; 092104-9187; 092104-9140; 092104-9206; 0921049028; 092104-9310 & 092104-9318 Location: North of SW 3204 Street and east of I-5 (Exhibit 2, Page 5 of 8) Size: 27.19 acres Proponent: Jerry Jackson. Owners: Please refer to following table: Parcel No. Owner Acres 092104-9139 Ali-American Homes 9.15 acres 092104-9316 All-American Homes 0.33 acres 092104-9187 Larry Weigel 1.15 acres 092104-9140 Donald J. Henderson 2.28 acres 092104-9206 Arthur Henderson 0.33 acres 092104-9028 William Pruett 5.25 acres 092104-9310 Winchester Investment Corporation 4.6 acres 092104-9318 Youngyul Na 4.1 acres Total 27.19 acres Existing Comprehensive Plan Designation: King County Comprehensive Plan Designation of Commercial Outside of Office and Urban Residential (4-12 dwelling units per acre) Existing Zoning: King County Office and R-4 (Residential, 4 units per acre) Requested Comprehensive Plan Designation: Community Business with a Development Agreement Requested Zoning: Community Business with a Development Agreement Staff Recommendation: That the request goes forward for further analysis based on a comprehensive plan designation and zoning of Office Park and that the Patty Murphy property be included to avoid creating islands. LUTC Recommendation: Concur with staff Public Comments Received: None SITE SPECIFIC REQUEST Parcel: 292104-9127 Location: North of South 3564 Street and west of Pacific Highway South (Exhibit 2, Page 6 of 8) Size: 4.26 acres. Proponent: Pae Wen Taylor. Owner: Sam Tsai Existing Comprehensive Plan Designation: Business Park -4- Existing Zoning: Business Park Requested Comprehensive Plan Designation: Community Business Requested Zoning: Community Business (BC) Staff Recommendation: That the request not go forward for further analysis. LUTC Recommendation: Concur with staff Public Comments Received: None THE TWO FOLLOWING REQUESTS WERE ORIGINALLY SUBMITTED IN APRIL 1999. BASED ON TRAFFIC-RELATED QUESTIONS AND QUESTIONS PERTAINING TO SUPPLY AND DEMAND OF VARIOUSLY ZONED LAND IN THE CITY~ THE APPLICANTS REQUESTED THAT WORK BE DEFERRED ON THEIR REQUESTS UNTIL A CITYWIDE MARKET ANALYSIS AND TRANSPORTATION MODEL HAD BEEN COMPLETED. THE MARKET ANALYSIS HAS BEEN COMPLETED AND THE TRANSPORTATION MODEL IS IN PROCESS. SITE SPECIFIC REQUEST #6 Parcels: 202104-9069,202104-9070, 202104-9001,202104-9090, 202104-9086, 202104-9080, 202104-9072, 202104-9004, 202104-9051, and 202104-9100 Location: South of South 336~ Street and west of Pacific Highway South (Exhibit 2, Page 7 of 8) Size: 45.85 acres. Proponent: Various Property Owners (see following table) Owner: Please refer to following table Number Parcel No. Owner Acres 1 202104-9069 Johal Rajhinder; Kulwinder 1.15 acres 2 202104-9070 Campus Gateway Associates 16.75 acres 3 202104-9001 Gene Merlino 8.9 acres 4 202104-9090 Richard Lyons 0.2 acres 5 202104-9086 Richard Carson 4.93 acres 6 202104-9080 Ralph Jones 1.5 acres 7 202104-9072 Chase WN Trust 7.75 acres 8 202104-9004 Slisco/Knight/Dagmar 4.44 acres 9 202104-9051 Bob Wright 8.28 acres 10 202104-9100 Orville & Victoria Cohen 0.85 acres Total 45.85 acres Existing Comprehensive Plan Designation: Business Park Existing Zoning: Business Park Requested Comprehensive Plan Designation: Community Business for the areas east of the wetlands and Multifamily for -5- the northern three parcels west of the wetlands (numbers 2, 3, and 7 in the above table) Requested Zoning: Community Business (BC) Business for the areas east of the wetlands and RM 2400 (Multifamily - one unit per 2,400 square feet) for the northern three parcels west of the wetlands (numbers 2, 3, and 7 in the above table) Staff Recommendation: That the request go forward for further analysis. LUTC Recommendation: Concur with staff Public Comments Received: None SITE SPECIFIC REQUEST #7 There have been no changes to the original request, which has already gone through the Selection Process. Summary information is being included for background purposes only. Parcels: 212104-9003, 212194-9004, 212104-9016, 212104-9051, 212104-9063, 212104-9064, 212104-9065, 212104-9066, 212104-9067, 212104-9069, 212104-9083, & 212104-9084 Location: South of South 336th Street and east of Pacific Highway South (Exhibit 2, Page 8 of 8) Size: 49.97 acres Parcel No. Acres 212104-9003 5 acres 212194-9004 4.91 acres 212104-9016 5 acres 212104-9051 5 acres 212104-9063 5 acres 212104-9064 4.94 acres 212104-9065 4.92 acres 212104-9066 4.91 acres 212104-9067 2.32 acres 212104-9069 5.01 acres 212104-9083 1.62 acres 212104-9084 1.34 acres Total 49.97 acres Proponent: Peter Orser, representing the Weyerhaeuser Company Owner: The Weyerhaeuser Company Existing Comprehensive Plan Designation: Business Park Existing Zoning: Business Park Requested Comprehensive Plan Designation: Multifamily Requested Zoning: Multifamily - RM 3600 zoning (one unit per 3,600 square feet) Previous Staff Recommendation: That the request go forward for further analysis. Previous LUTC Recommendation: That the request go forward for further analysis. As part of this analysis, staff was directed to consider recommending churches as an allowable use in the Business Park zone in lieu of changing the comprehensive plan designation to Multifamily. A code amendment to consider allowing schools and churches in the Business Park zone is in the research stage and is expected to he heard by the Planning Commission in late November. III COUNCIL ACTION Pursuant to FWCC, Section 22-523(D), based on its review of requests according to the criteria in Section V of Exhibit l~September 11, 2000, Staff Report, the City Council shall determine which requests shall be further considered for adoption, and shall forward those requests to the Planning Commission for its review and recommendation. The Council's decision to consider a proposed amendment shall not constitute a decision or recommendation that the proposed amendment should be adopted, nor does it preclude later Council action to add or delete an amendment for consideration. IV NEXT STEPS IN THE PROCESS The next steps in the comprehensive plan update process will be pre-applications for those projects selected for further analysis by the Council. Following the pre-application stage, an environmental determination will be issued pursuant to the State Environmental Policy Act (SEPA). This will be followed by public hearings in front of the Planning Commission. Following the completion of the public hearings by the Planning Commission, their recommendation will be forwarded to the LUTC, then City Council for final action. IV LIST OF EXHIBITS Exhibit 1 September 11, 2000 Staff Report to the LUTC Exhibit 2 Maps of Site Specific Requests Exhibit 3 September 15, 2000 Correspondence from Brad Medrud, AHBL Civil & Structural Engineers & Planners I:\00cmpamn~LUTC Recommendation on Comp Plan Selection Process to City Council.doc/10/10/00 4:34 PM -7- September 11, 2000 TO: Phil Watkins, Chair Land Use/Transportation Committee (LUTC) ./ FROM: Stephen Clifton, AICP, Director of Community Development Services ~ Margaret H. Clark, AICP, Senior Planner [Ym% VIA: David M h~. Idanager SUBJECT: 2000 Compre ensive Plan Update I BACKGROUND A formal process for updating the comprehensive plan and development regulations was adopted in March 1999. This process sets up a yearly deadline of September 30 to submit applications for amendments. Pursuant to Federal Way City Code (FWCC) Section 22-523, after the deadline for accepting applications, the City Council shall hold a public hearing and select those docketed amendment requests it wishes to consider for adoption. It is the City's practice that ali City business be presented to a Council Committee, in this case the Land Use/Transportation Committee, before Council deliberation. Changes and updates to the comprehensive plan can be divided into updates to chapters and requests for changes to comprehensive plan designations and zoning for specific parcels. A. Updates to Chapters The City is in the process of completing the 1999 Comprehensive Plan Amendments (requests received April 1999). First reading of the ordinance adopting these amendments was August 1, 2000, and second reading was September 5, 2000. In addition, the City is presently accepting requests for the 2001 Update; the deadline for application is September 30, 2000. The 2000 Update will focus on five site-specific requests received in September 1999, and two site-specific requests, which were received in April 1999, but were deferred to the 2000 Update cycle based on the requests of the applicants. The only chapter to be updated as part of this cycle is Chapter 6, "Capital Facilities," based on input from the Law Department. EX ~1~ ~ ~~ ] Page lof20 , ' FILE PAG E_..LOF B. Site-Specific Comprehensive Plan Changes (Exhibit A Composite Map) In September 1999, the City received the following five site-specific requests: 1. Request from DMB Consulting Engineers on behalf of the owners of the Goodwin Dental Clinic to change the comprehensive plan designation and zoning of 0.48 acres located north of South 288th Street and east of Pacific Highway South from Multifamily and RM 1800 (one unit per 1,800 square feet) to Community Business and BC zoning (Exhibit B). 2. Request from Bessie Danilchik to change the comprehensive plan designation and zoning of approximately 22 acres located north of South 304th Street and east of Pacific Highway South from Single Family High Density Residential (RS 7.2 and RS 5.0, Single Family - one unit per 7,200 and 5,000 square feet respectively) and Multifamily Residential (RM 1800 - one unit per 1,800 square feet) to Multifamily (RM 2400 - one unit per 2,400 square feet) (Exhibit C). 3. Request from Roger Cartland on behalf of himself and four other property owners to change the comprehensive plan designation and zoning of 4.91 acres located south of South 304th Street and on both sides of Military Road from Single Family High Density Residential and RS 7.2 (Single Family - one unit per 7,200 square feet) to Community Business (Exhibit D). Mr. Cartland has since sold his property to Linda Peterson of Pat's Plumbing. 4. Request from Jerry Jackson on behalf of himself and others for a City of Federal Way Community Business comprehensive plan designation and BC zoning with a Development Agreement associated with annexation of 27.19 acres located north of SW 320th Street and east of I-5. The property presently has a King County Comprehensive Plan Designation of Commercial Outside of Office and Urban Residential (4-12 dwelling units per acre) and zoning of Office and R-4 (Residential, four units per acre) (Exhibit E). 5. Request from Pae Wen Taylor to change the comprehensive plan designation and zoning of 4.26 acres located north of South 356th Street and west of Pacific Highway South from Business Park and BP zoning to Community Business and BC zoning (Exhibit F). Requests deferred from April 1999 based on applicants' request: 6. Request from a number of property owners to change the comprehensive plan designation and zoning of 45.85 acres located south of South 336a' Street and west of Pacific Highway South from Business Park and BP zoning to Community Business and BC zoning and Multifamily (Exhibit G). The properties located east of the wetlands and adjacent to Pacific Highway South are requested to be Community Business and the northern three parcels west of the wetlands are requested to be Multifamily 7. Request from the Weyerhaeuser Company to change the comprehensive plan designation and zoning of 49.97 acres located south of South 336th Street and east of Pacific Highway South from Business Park and BP zoning to Multifamily and RM 3600 zoning (one unit per 3,600 square feet) (Exhibit H). II REASON FOR COUNCIL ACTION Pursuant to FWCC Article IX, "Process VI Review," the City Council is required to review all requests concurrently. Further, prior to adoption, the Council is required to hold a public hearing at which time it selects those amendment requests it wishes to consider for adoption based on specific criteria outlined in Section IV of this staff report. III PROCEDURAL SUMMARY September 30, 1999 Deadline for Applications September 11, 2000 LUTC Meeting - A summary of all requests will be presented to the LUTC for determination of which requests should be considered during the upcoming amendment process. IV DECISIONAL CRITERIA The following criteria shall be used in selecting the comprehensive plan amendments to be addressed during the upcoming cycle: I. Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. 2. Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. 3.Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. 4. In the case of text amendments or other amendments to goals or policies, whether the request benefits the city as a whole versus a selected group. If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to the following criteria: 1. Whether the proposed amendment can be incorporated into planned or active projects. 2. Amount of analysis necessary to reach a recommendation on the request. Ifa large-scale study is required, a request may have to be delayed until the following year due to workloads, staffing levels, etc. 3.Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. 4. Order of requests received. Page 3 of 20 PAG E._ .30FH Based on its review of requests according to the above criteria, the Council shall determine which requests shall be further considered for adoption, and shall forward those requests to the Planning Commission for its review and recommendation. V STAFF ANALYSIS AND RECOMMENDATION SITE SPECIFIC REQUEST #1 Parcel: 332204-9109 Location: North of 288th Street and east of Pacific Highway (Exhibit B) Size: 0.48 acres. Proponent: DMB Consulting Engineers on behalf of the owners of the Goodwin Dental Clinic Owner: Thomas Goodwin & Carl Jacobsen (Goodwin Dental Clinic) Existing Comprehensive Plan Designation: Multifamily Existing Zoning: RM 1800 (Multifamily- one unit per 1,800 square feet) Proposed Comprehensive Plan Designation: Community Business Proposed Zoning: Community Business (BC) DECISIONAL CRITERIA Criterion No 1 Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Staff Response This area was not studied during the last amendment process. Before the City's incorporation, this site had split zoning under King County. The western half was designated BC (Community Business) and the eastern half was designated RM 900 (Multiple Dwelling). A medical/dental clinic was an authorized use in either zone and the clinic was constructed in 1980. Upon incorporation, the site was zoned RM 1800 (Multifamily -one unit per 1800 square feet) by Federal Way. A medical/ dental clinic is a nonconforming use in this zone. The property is located one parcel to the east of Pacific Highway South. Adjacent uses to the east and west are commercial, and uses to the south of South 288~ Street are commercial and vertical mixed-use (commercial on the first floor with residential above). Criterion No 2 Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. Staff Response The site has been developed as a medical/dental clinic since 1980. Designating the site as Community Business will not conflict with any polices within the comprehensive plan and due to its area (0.48 acres), a change from multifamily to business should have a minimal effect on the City's land capacity. Page II-17 of the 1998 Federal Way Comprehensive Plan (FWCP) states that, "The Community Business Designation generally runs along both sides of SR-99 from South 272"a to South 348~.'' This site falls within that area. Page4of20 EXl~D!? ~ - PAGE OF-¢Z ._ - Criterion No 3 Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. Staff Response The proposal does not conflict with any existing state or local laws, including the Growth Management Act. The area is already developed with all existing services, and the change would be from one urban designation to another. Criterion No 4 In the case of text amendments or other amendments to goals or policies, whether the request benefits the city as a whole versus a selected group. Staff Response This criterion does not apply to this request, since it is a site-specific request. If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to the following criteria: Criterion No 5 Whether the proposed amendment can be incorporated into planned or active projects Staff Response The proposed request can be incorporated into this year's comprehensive plan update. Criterion No 6 Amount of analysis necessary to reach a recommendation on the request. If a large-scale study is required, a request may have to be delayed until the following year due to workloads, staffing levels, etc. Staff Response There will be very little analysis necessary to reach a recommendation on this request, as it is an existing use, which is compatible with the adjacent uses. Criterion No 7 Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year Staff Response Five new requests for site-specific comprehensive plan amendments have been received. In addition, there are two requests that were carried over from the previous year based on requests of the applicants and the need for additional market and transportation-related information. Criterion No 8 Order of requests received E~.~ ~l~ ] Page5of20 OF ,-t x _ Staff Response This was the second request received. Staff Recommendation: That the request go forward for further analysis. SITE SPECIFIC REQUEST #2 Parcels: 042104-9012 & 042104-9221 Location: North of South 304~h Street and east of Pacific Highway South (Exhibit C) Size: 22.16 acres Proponent: Bessie Danilchik Owner: Bessie Danilchik Existing Comprehensive Plan Designation:Single Family High Density Residential & Multifamily Existing Zoning: RS 7.2 (Single Family - one unit per 7,200), RS 5.0 (Single Family - one unit per 5,000 square feet), and RM 1800 (Multifamily - one unit per 1,800 square feet) Proposed Comprehensive Plan Designation: Multifamily Proposed Zoning: RM 2400 (Multifamily- one unit per 2,400 square feet) DECISIONAL CRITERIA Criterion No 1 Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Staff Response This area was not studied during the last amendment process (1998 Comprehensive Plan Update); however, Parcel No. 042104-9012 (21.8 acres), which makes up the majority of the site, was studied as part of the 1995 Comprehensive Plan Amendment process. At that time, this parcel had a split comprehensive plan designation of High Density Residential and Suburban Residential and zoning of RS 7.2 (Single Family - one unit per 7,200 square feet). Ms. Danilchik requested a multi-family comprehensive plan designation and zoning. The City Council approved a comprehensive plan designation of Multifamily Residential and zoning of RM 1800 (Multifamily- one unit per 1,800 square feet) for the western portion of the property, which borders on Pacific Highway South, and a comprehensive plan designation of High Density Residential and zoning of RS 5.0 (Single Family- one unit per 5,000 square feet) for the eastern portion of the property. Land uses in the immediate vicinity have not significantly changed during the last five years. However, the applicant has stated in their application that the size of the property, its undeveloped state, and proximity to Pacific Highway South has resulted in an attractive nuisance and there is now a marked increase in prostitution, transients, drug traffic, shooting, and dumping of trash. Criterion No 2 Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. Page 6 of 20 I PAGEt, OF Staff Response The overall vision of the comprehensive plan is to provide an appropriate balance of services, employment, and housing. In addition, the land use concept envisions promotion of housing in the City's commercial areas close to shopping and employment. Although the site is presently zoned for single family and multi-family development, it has several environmental challenges. As shown on (Exhibit C, Page 1), there is a wetland on the southwestern portion of the site. In addition, there are steep slopes on the eastern and western portions. City staff has conducted several preapplication conferences with interested parties; however, none of the proposed development plans were pursued, based on the costs of development. The applicant has included a letter from Dev Co. Inc., explaining the challenges associated with development of the site (Exhibit C, Pages 3-5). Federal Way Policy LUP9 states, "Designate and zone land for Federal Way's share of regionally- adopted demand forecasts for residential, commercial and industrial uses for the next 20 years." RM 2400 zoning would result in a density of 18 units per acre, as opposed to the presently allowable density of 24 units per acre on the portion adjoining Pacific Highway and eight units per acre on the remainder of the site, and would allow the eastern portion of the site, which has less environmental constraints, to be developed at a higher density then presently allowed. The recent draft City of Federal Way Market Analysis, prepared for the City by ECONorthwest, identifies a shortage of land zoned outright for residential development in terms of meeting regional forecasts, based on historical development. Criterion No 3 Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. Staff Response The proposal does not conflict with any existing state or local laws, including the Growth Management Act (GMA). In addition, GMA goals include encouraging growth in urban areas, reducing urban sprawl, and providing affordable housing, all of which should be furthered by development of this site. Criterion No 4 In the case of text amendments or other amendments to goals or policies, whether the request benefits the city as a whole versus a selected group. Staff Response This criterion does not apply to this, since this is a site-specific request. If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to the following criteria: Criterion No 5 Whether the proposed amendment can be incorporated into planned or active projects. Staff Response The proposed request can be incorporated into this year's comprehensive plan update. Page 7of20 PAGE._Z._7 OF Criterion No 6 Amount of analysis necessary to reach a recommendation on the request. If a large-scale study is required, a request may have to be delayed until the following year due to workloads, staffing levels, etc. Staff Response The analysis necessary to reach a recommendation on this request can be done as part of the work required for the comprehensive plan update. Criterion No 7 Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. Staff Response Five new requests for site-specific comprehensive plan amendments have been received. In addition, there are two requests that were carried over from the previous year based on requests of the applicants and the need for additional market and transportation-related information. Criterion No 8 Order of requests received. Staff Response This was the first request received. Staff Recommendation: That the request go forward for further analysis. SITE SPECIFIC REQUEST tt3 Parcels: 092104-9100; 092104-9096; 092104-9261; 401320-0006; 092104-9220; 092104-9295 Location: South of South 304~ Street and on both sides of Military Road (Exhibit D) Size: 4.9 acres. Proponent: Roger Cartland on behalf of himself and four other property owners Owners: Please refer to the following table: Parcel No. Property Owner Acres 092104-9100 Roger Cartland (at time of amendment request) ! .03 acres 092104-9096 Allan Woida 2.25 acres 092104-9261 Robert Robinson 0.46 acres 401320-0006' Vilma Stewart Taylor 0.3 acres 092104-9295 Marilyn Schumacher 0.44 acres 092104-9220 Marilyn Schumacher 0.41 acres Total 4.9 acres Existing Comprehensive Plan Designation: Single Family High Density Residential Existing Zoning: RS 7.2 (Single Family- one unit per 7,200 Proposed Comprehensive Plan Designation: Community Business Proposed Zoning: Community Business BC) Page 8 of 20 3,OF BACKGROUND Mr. Cartland was the original proponent. However, Mr. Cartland has since sold his property to Linda Peterson of Pat's Plumbing. Ms. Peterson has signed the application and has indicated that she would like to be part of the amendment request. The City has never received a signed application from Ms. Schumacher. DECISIONAL CRITERIA Criterion No 1 Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Staff Response This area was not studied during the last amendment process. Existing uses in this area include two nonconforming uses--Pat's Plumbing on Parcel No. 092104-9100 and a Sign Shop (Vilma's Signs) on Parcel No. 401320-0006. Based on information provided by the applicant, there have been various nonconforming uses on Parcel No. 092104-9100 for over 20 years (Pages 2~4 of Exhibit D). The City's permit system references Vilma's Signs as an existing business since 1993. Based on existing information, conditions in the immediate vicinity have not significantly changed to make the requested change within the public interest. Criterion No 2 Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. Staff Response The overall vision of the comprehensive plan is to restrict commercial development to the downto;vn (City Center Core and Frame), to Pacific Highway South, generally between South 272"a Street and South 348'h Street, and to the areas found around South 348th Street, approximately between SR-99 and I-5. In addition, there are a dozen nodes of Neighborhood Business located throughout the City. These nodes have traditionally provided retail and services to adjacent residential neighborhoods. Comprehensive Plan Policy LUP48 states, "The City shall limit new commercial development to existing commercial areas to protect residential areas." Changing the comprehensive plan designation and zoning of these six parcels would not be consistent with the overall vision of the comprehensive plan. In addition, the recent draft City of Federal Way Market Analysis, prepared for the City by ECONorthwest, identifies a shortage of land zoned outright for residential development in terms of meeting regional forecasts, based on historical development. It also identifies the City has.enough capacity designated for different uses to accommodate the 20- year employment forecast; therefore, there is not a demand for additional commercially zoned land. Criterion No 3 Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. Staff Response The proposal does not conflict with any existing state or local laws. Page 9 of 20 E~z~'. ~ ! ~ !~rt ""'q"' I PAGE_ q OF, Criterion No 4 In the case of text amendments or other amendments to goals or policies, whether the request benefits the city as a whole versus a selected group. Staff Response This criterion does not apply to this request, since it is a site-specific request. If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to the following criteria: The request does not meet Criteria No. 2 above; however, the remainder of the criteria will still be addressed. Criterion No 5 Whether the proposed amendment can be incorporated into planned or active projects. Staff Response If the Council determines that this request should be analyzed further, the proposed request can be incorporated into this year's comprehensive plan update. Criterion No 6 Amount of analysis necessary to reach a recommendation on the request. If a large-scale study is required, a request may have to be delayed until the following year due to workloads, staffing levels, etc. Staff Response The analysis necessary to reach a recommendation on this request can be done as part of the work required for the comprehensive plan update. Criterion No 7 Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year Staff Response Five requests for site-specific comprehensive plan amendments have been received. In addition, there are two requests that were carried over from the previous year based on requests of the applicants and the need for additional market and transportation-related information. Criterion No 8 Order of requests received. Staff Response This was the fourth request received. Staff Recommendation: That the request not go forward for further analysis based on Criterion No. 2. SITE SPECIFIC REQUEST #4 Parcels: 092104-9139; 092104-9316; 092104-9187; 092104-9140; 092104-9206; 0921049028; 092104-9310 & 092104-9318 Location: North of SW 320a' Street and east of I-5 (Exhibit E) Size: 27.19 acres Proponent: Jerry Jackson. Owners: Please refer to following table: Parcel No. Owner Acres 092104-9139 Ali-American Homes 9.15 acres 092104-9316 Ali-American Homes 0.33 acres 092104-9187 Larry Weigel 1.15 acres 092104-9140 Donald J. Henderson 2.28 acres 092104-9206 Arthur Henderson 0.33 acres 092104-9028 William Pruett 5.25 acres 092104-9310 Winchester Investment Corporation 4.6 acres 092104-9318 Youngyul Na 4.1 acres Total 27.19 acres Existing Comprehensive Plan Designation: King County Comprehensive Plan Designation of Commercial Outside of Office and Urban Residential (4-12 dwelling units per acre) Existing Zoning: King County Office and R-4 (Residential, four units per acre) Proposed Comprehensive Plan Designation: Community Business with a Development Agreement Proposed Zoning: Community Business with a Development Agreement BACKGROUND This request for a comprehensive plan and zoning designation of BC with a Development Agreement is associated with a request for annexation of 27.19 acres. The uses to be associated with the Development Agreement are outlined on Pages 3 and 4 of Exhibit E and include a variety of retail uses, commercial recreation uses, office, hotel, and transit-related facilities. The applicant had previously submitted a 10 percent petition for 21.4 acres in September 1999 (Page 2 of Exhibit E). At that time, the City did not accept the 10 percent petition based on outstanding grading related code violations on file with King County. Since that time, the applicant has worked with King County and has obtained a permit to restore the site. This permit was issued on April 6, 2000, and expires one year from that date. The applicant has indicated that the restoration work will be completed between October and December 2000, which is the rainy season and the most appropriate time to perform plant restoration work. Subsequent to receiving permit approval to restore the site from King County, the applicant resubmitted a 10 percent petition, which included more properties than originally proposed. However, this petition has since been withdrawn and a new 10 percent petition, which includes all properties in the comprehensive plan amendment request, is pending. The site is adjacent to the City of Federal Way on both the east and west boundaries. As shown on Page 1 of Exhibit E, there is one property on the southeastern portion of the site that is excluded from the request. This property is owned by Patty Murphy who is on record as saying that she has no objections to annexation; however, she does not desire commercial zoning. Ms. Murphy presently resides on the site. Page !1 of 20 E~.~ ~ ~.~, !~ I _ PAGE 't DECISIONAL CRITERIA Criterion No 1 Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Staff Response This area has never been studied before, as the site is not presently part of the City. However, the requested change is within the public interest since this area is part of the Federal Way Potential Annexation Area (PAA) and property to the east has recently been annexed to the City. Criterion No 2 Whether the proposed amendment is consistent with the overall vision of the comprehensive plan Staff Response The overall vision of the comprehensive plan is to provide an appropriate balance of services, employment, and housing. The recent draft City of Federal Way Market Analysis, prepared for the City by ECONorthwest, identifies that the City has enough capacity designated for additional commercially zoned land. Moreover, this study states that the finance, insurance, real estate, and services (FIRES) sector has the greatest demand for future built space. Therefore, the request for a Community Business designation is not consistent with the overall vision of the comprehensive plan. Criterion No 3 Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. Staff Response The proposed annexation is consistent with the Growth Management Act. RCW 36.70A. 110(3) states, "Urban growth should be located first in areas already characterized by urban growth that have existing public facility and service capacities to serve such development, and second in areas already characterized by urban growth that will be served by a combination of both existing public facilities and services and any additional needed public facilities and services that are provided by either public or private sources. Further, it is appropriate that urban services be provided by cities, and urban government services should not be provided in rural areas." Criterion No 4 In the case of text amendments or other amendments to goals or policies, whether the request benefits the city as a whole versus a selected group. Staff Response This criterion does not apply to this request, since it is a site-specific request. If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to the following criteria: Page 12 of 20 PAGE Criterion No 5 Whether the proposed amendment can be incorporated into planned or active projects Staff Response The proposed request can be incorporated into this year's comprehensive plan update. Criterion No 6 Amount of analysis necessary to reach a recommendation on the request. If a large-scale study is required, a request may have to be delayed until the following year due to workloads, staffing levels, etc. Staff Response The analysis necessary to reach a recommendation on this request can be done as part of the work required for the comprehensive plan update. The recently completed draft market analysis provides information on future demand for various types of uses. In addition, the City is in the process of updating the Transportation Model, which will provide traffic related information to aid in decision- making. Criterion No 7 Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year Staff Response Five requests for site-specific comprehensive plan amendments have been received. In addition, there are two requests that were carried over from the previous year based on requests of the applicants and the need for additional market and transportation-related information. Criterion No 8 Order of requests received. Staff Response This was the fifth request received. Staff Recommendation: That the request goes forward for further analysis based on a comprehensive plan designation and zoning of Office Park and that the Patty Murphy property be included to avoid creating islands. SITE SPECIFIC REQUEST #5 Parcel: 292104-9127 Location: North of South 356th Street and west of Pacific Highway South (Exhibit F) Size: 4.26 acres. Proponent: Tae Wen Taylor. Owner: Sam Tsai Existing Comprehensive Plan Designation: Business Park Page 13 of 20 E~.~~w t PAGE./.8 OF, 2- Existing Zoning: Business Park Proposed Comprehensive Plan Designation: Community Business Proposed Zoning: Community Business (BC) DECISIONAL CRITERIA Criterion No 1 Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Staff Response This area was not studied during the last amendment process. The areas immediately to the north and south were studied as part of the 1995 Comprehensive Plan Update. At that time, the area to the north requested a Multifamily designation and the area to the south requested Community Business. The request was denied because the City envisioned the four comers of the Pacific Highway South/South 356~ intersection as Business Park. The applicant is requesting a Community Business designation to allow a neighborhood convenience store/gas station to serve the area. Conditions in the immediate vicinity have not significantly changed to make the requested change within the public interest. Criterion No 2 Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. Staff Response The overall vision of the Comprehensive Plan is to restrict commercial development to the downtown (City Center Core and Frame), to Pacific Highway South, generally between South 272"d Street and South 348"~ Street, and to the areas found around South 348th Street, approximately between SR-99 and I-5. In addition, there are a dozen nodes of Neighborhood Business located throughout the City. These nodes have traditionally provided retail and services to adjacent residential neighborhoods. The recent draft City of Federal Way Market Analysis, prepared for the city by ECONorthwest, identifies that the City has enough capacity designated for different uses to accommodate the 20-year employment forecast; therefore, there is not a demand for additional commercially zoned land. Criterion No 3 Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. Staff Response The proposal does not conflict with any existing state or local laws. Criterion No 4 In the case of text amendments or other amendments to goals or policies, whether the request benefits the city as a whole versus a selected group. Staff Response This criterion does not apply to this request, since it is a site-specific request. eagel4of20 , PAGE / OF 2..- If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to the following criteria: The request does not meet Criteria No. 2 above; however, the remainder of the criteria will still be addressed. Criterion No 5 Whether the proposed amendment can be incorporated into planned or active projects. Staff Response If the Council determines that this request should be analyzed further, the proposed request can be incorporated into this year's comprehensive plan update. Criterion No 6 Amount of analysis necessary to reach a recommendation on the request. If a large-scale study is required, a request may have to be delayed until the following year due to workloads, staffing levels, etc. Staff Response The analysis necessary to reach a recommendation on this request can be done as part of the work required for the comprehensive plan update. Criterion No 7 Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year Staff Response Five requests for site-specific comprehensive plan amendments have been received. In addition, there are two requests that were carried over from the previous year based on requests of the applicants and the need for additional market and transportation-related information. Criterion No 8 Order of requests received. Staff Response This was the third request received. Staff Recommendation:That the request not go forward for further analysis based on Criteria No's 1 and 2. Page 15 of 20 The two following requests were originally submitted in April I999. Based on traffic-related questions and questions pertaining to supply and demand of variously zoned land in the City, the applicants requested that work be deferred on their requests until a citywide market analysis and transportation model had been completed. The market analysis is in a draft stage to be finalized very shortly. The transportation model is in process. SITE SPECIFIC REQUEST #6 Parcels: 202104-9069,202104-9070, 202104-9001, 202104-9090, 202104-9086, 202104- 9080, 202104-9072, 202104-9004, 202104-9051, and 202104-9100 Location: South of South 336th Street and west of Pacific Highway South (Exhibit G) Size: 45.85 acres. Proponent: Various Property Owners (see following table) Owner: Please refer to following table Number Parcel No. Owner Acres i 202104-9069 Johal Rajhinder; Kulwinder 1.15 acres 2 202104-9070 Campus Gateway Associates 16.75 acres 3 202104-9001 Gene Merlino 8.9 acres 4 202104-9090 Richard Lyons 0.2 acres 5 202104-9086 Richard Carson 4.93 acres 6 202104-9080 Ralph Jones 1.5 acres 7 202104-9072 Chase WN Trust 7.75 acres 8 202104-9004 Slisco/Knight/Dagmar 4.44 acres 9 202104-9051 Bob Wright 8.28 acres 10 202t04-9100 Orville & Victoria Cohen 0.85 acres Total 45.85 acres Existing Comprehensive Plan Designation: Business Park Existing Zoning: Business Park Proposed Comprehensive Plan Designation: Community Business for the areas east of the wetlands and Multifamily for the northern three parcels west of the wetlands (numbers 2, 3, and 7 in the above table) Proposed Zoning: Community Business (BC) Business for the areas east of the wetlands and Multifamily for the northern three parcels west of the wetlands (numbers 2, 3, and 7 in the above table) BACKGROUND This request was originally received in April 1999. At that time, only Parcel Numbers 202104-9070, 202104-9001, and 202104-9051 had requested a comprehensive plan and zoning designation change from Business Park to Community Business. In June 1999, the requests were presented to the LUTC, which made a recommendation to the full council that this request should be analyzed further and should incorporate all parcels presently zoned Business Park in this vicinity. The Council concurred. As a result of further analysis by staff, potential traffic related impacts were identified in association with a change to a BC designation. In addition, staff realized that the market data in the existing comprehensive plan was outdated and could not be relied upon. City Council authorized the preparation of both a market analysis and transportation model. In November/December 1999, the applicants requested that their comprehensive plan amendment requests be deferred until the market analysis and transportation modeling had been completed. Page 16of20 !E 'H BSW t GE t6,0F q The owners of Parcels 202104-9070, 202104-9001, and 202104-9072 have recently requested that their original request be amended to allow Multifamily uses west of the on-site wetlands (Pages 2 and 3 of Exhibit G). The following decisional criteria only apply to the request as amended for these three parcels. DECISIONAL CRITERIA Criterion No 1 Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Staff Response This request is an amendment to a request originally submitted in April 1999. Since that time, a draft City of Federal Way Market Analysis, prepared for the City by ECONorthwest, has identified a shortage of land zoned outright for residential development in terms of meeting regional forecasts, based on historical development. This study also indicates that the City has enough capacity designated for commercially zoned land. Criterion No 2 Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. Staff Response The overall vision of the comprehensive plan is to provide an appropriate balance of services, employment, and housing. In addition, the land use concept envisions promotion of housing in the City's commercial areas close to shopping and employment. The draft market analysis shows that in general, there is an overabundance of available commercially zoned land and a shortage of land zoned outright for residential. This request would tend to shift this imbalance. Criterion No 3 Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. Staff Response The proposal does not conflict with any existing state or local laws. In addition, GMA goals include encouraging growth in urban areas, reducing urban sprawl, and providing affordable housing, all of which should be furthered by development of this site. Criterion No 4 In the case of text amendments or other amendments to goals or policies, whether the request benefits the city as a whole versus a selected group. Staff Response This criterion does not apply to this request, since it is a site-specific request. -- I Pagel7of20 PAG ,&F cox If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to the following criteria: Criterion No 5 Whether the proposed amendment can be incorporated into planned or active projects. Staff Response The proposed request can be incorporated into this year's comprehensive plan update. Criterion No 6 Amount of analysis necessary to reach a recommendation on the request. If a large-scale study is required, a request may have to be delayed until the following year due to workloads, staffing levels, etc. Staff Response The analysis necessary to reach a recommendation on this request can be done as part of the work required for the comprehensive plan update. The recently completed draft market analysis provides information on future demand for various types of uses. In addition, the City is in the process of updating the transportation model, which will provide traffic related information to aid in decision- making. Criterion No 7 Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year Staff Response Five new requests for site-specific comprehensive plan amendments were received for the present update (Year 2000 Update). In addition, there are two requests that were carried over from the previous year based on requests of the applicants and the need for additional market and transportation-related information. This request is an amendment to one of these requests previously received in April 1999 (Year 1999 Update). Criterion No 8 Order of requests received. Staff Response Please see response to previous criterion. Staff Recommendation: That the request go forward for further analysis. Page i 8 of 20 SITE SPECIFIC REQUEST #7 Parcels: 212104-9003, 212194-9004, 212104-9016, 212104-9051, 212104-9063, 212104- 9064, 212104-9065, 212104-9066, 212104-9067, 212104-9069, 212104-9083, & 212104-9084 Location: South of South 3362 Street and east of Pacific Highway South (Exhibit H) Size: 49.97 acres Parcel No. Acres 212104-9003 5 acres 212194-9004 4.91 acres 212104-9016 5 acres 212104-9051 5 acres 212104-9063 5 acres 212104-9064 4.94 acres 212104-9065 4.92 acres 212104-9066 4.91 acres 212104-9067 2.32 acres 212104-9069 5.01 acres 212104-9083 1.62 acres 212104-9084 1.34 acres Total 49.97 acres Proponent: Peter Orser, representing the Weyerhaeuser Company Owner: The Weyerhaeuser Company Existing Comprehensive Plan Designation: Business Park Existing Zoning: Business Park Proposed Comprehensive Plan Designation: Multifamily Proposed Zoning: Multifamily- RM 3600 zoning (one unit per 3,600 square feet) BACKGROUND This request was originally received in April 1999. In June 1999, this request was presented to the LUTC, which made a recommendation to the full Council that this request should be analyzed further. The Council concurred. Based on further analysis, staff realized that the market data in the existing comprehensive plan was outdated and could not be relied upon. City Council authorized the preparation of both a market analysis and transportation model. In November/December 1999, the applicants requested that their comprehensive plan amendment requests be deferred until the market analysis and transportation modeling had been completed. A draft market analysis has been prepared and is in the process of being finalized, and the transportation model is in process. PAGE Page 19 of 20 V COUNCIL ACTION Pursuant to FWCC Section 22-523(D), based on its review of requests according to the criteria in Section IV of this staff report, the City Council shall determine which requests shall be further considered for adoption, and shall forward those requests to the Planning Commission for its review and recommendation. The Council's decision to consider a proposed amendment shall not constitute a decision or recommendation that the proposed amendment should be adopted, nor does it preclude later Council action to add or delete an amendment for consideration. VI LIST OF EXHIBITS Exhibit A Composite Map of Site Specific Requests Exhibit B Site Specific Request #1 (3 pages) Exhibit C Site Specific Request #2 (5 pages) Exhibit D Site Specific Request #3 (4 pages) Exhibit E Site Specific Request #4 (4 pages) Exhibit F Site Specific Request #5 (1 page) Exhibit G Site Specific Request #6 (3 pages) Exhibit H Site Specific Request #7 (1 page) PAGE i:\00cmpamn~Staff Report on Selection Proce~ to 82100 LUTC Meeting.doed9F//00 12:04 PM Page 20 of 20 <~ Z ~ ~3 ~ ~ ° ~ PAGE._..L~ OF ~ MS ::lAY IsM; S ~]AV Hlgg ~ " °o AMH C)I::IIOV~ ' . DR ~22 · EXH Bt T PAG E.---g.-Z OI DBM CONSULTING ENGINEERS CIVIL ENGINEERING DESIGN - LAND PLANNING · SURVEYING ENVIRONMENTAL SERVICES CITY OF FEDERAL WAY APPLICATION FOR COMPREHENSIVF. PLAN AMENDMENT FOR PROPERTY LOCATED AT 1718 SOUTH 288TM STREET 3. SUPPORT FOR THE AMENDMENT Please explain the need for the amendment (why is it being proposed). Include any data, research, or reasoning that supports the proposed amendment (please attach additional pages if necessary). In order for the ex istirtg business to remain on the site ~th the appropriate signage and thepcssibility of future aho alIow it to remain as a fumi~ busir~ss in the ~ LUP26: "Provide employment and business opportunities by allocating adequate land for commercial, office, and business park development." RESPONSE: Since tl~ ~ ori~dty ~ a ~/cff we use to exist on the site, and ~ uses exist aO'axent to the site to the west and sc~th, the prolx, rty is an asset to the~ It ~ ernployrort and is a serffce to the tmmmity In Mdit~ since the land was oriffzrMO alZ~ted for this us6 iris LUP30: "Ensure compatibility between mixed-use developments and residential areas by regulating height, scale, setbacks, and buffers." RESPONSE: The existing business is cmpatible ~ith the s~ areas due to the axles ~ to rdating to heigh~ scale, saJ~ades, and buffos. LUP31: "Encourage quality design and pedestrian and vehicle circulation in office, commercial, and business park developments." RESPONSE: The existing ~ is designod per lOng ~ codes and regulatiots and prtmotes a quality design induding pos~'vet~J~strian and m~ide drtulatio~ / PAGE_ 73 502 16TH STREET NORTHEAST·SUITE 312 · AUBURN, WASHINGTON· 98002 PHONE (253) 887-0924 · FAX (253) 887-0925 · PAGE LUP32: "Encourage commercial development to locate along street edge (where deemed appropriate) to provide pedestrian street access. Provide pedestrian access between developments and to transit stations." RESPONSE: The existing der~ dinic is ltrated ~ ~ ~ ~S~ 288~ Street ~~trian street awess. Pedestrian aoaess is also awilable to the s~ businesses and resido'aid detdopn'mts including a transit station on Padf~ Higfxary Smth aptrrm irratdy ~ blode av2ry from the site. LUG& "Transform Community Business areas into vital, attractive, mixed-use areas that appeal to pedestrians and motorists and enhance the community's image." RESPONSE: The existingfarrity dental care business is located at the imo~atim of Padfic iighreuy Smth and Sas. th 2 88~ Street. Due to the location of the ~ it is in a dsual portion of the City and therefore it is sunmrdirq, avtmmity and ties in dcc, dy vJ. th the s~ uses. Them is a dental dinic ~M LUP39: "Encourage transformation of Pacific Highway (SR-99) Community Business corridor into a quality mixed-use retail area. Retail development along the corridor, exclusive of the City Center, should be designed to integrate auto, pedestrian, and transit circulation. Integration of public amenities and open space into retail and office development should also be encouraged." RESPONSE: The currertt use of the existing buildirtg is a rredical/~ off ~ ~ has existecl on the site siraz 1980. The existing use is ~ to the s~ ~ has ba~ and zdll amimse to be an asset to the quality rrix~ use businesses 'in the sunmrding area. The business is located in an area a4aomt to other to the a:m, rur~ and integration of this type of an-of, ty is enaxcrag~ Bo:ause thepr~ozt is already existinb it is an established n'Mical q~e in the area and is forrm:l intO the tmmofO, and the s~ m, nmdd/business arat. CFP7: "Maximize the use of existing public facilities and promote orderly compact urban growth." RESPONSE: The subject dmtal dinic is a serdoe to the. public and is an existing facility that is currmtly in tperatim With a Corpn3x~ive Plan A nm3m't6 the fadlity ~ be dlov. M to utilize business signs and presovIy utilizes 100% of the site 502 16TH STREET NORTHEAST*SUITE 312 * AUBURN, WASHINGTON- 98002 PHONE (253) 887-0924 * FAX (253) 887-0925 PAGE a_OF 5, 3. SUPPORT FOR THE AMENDMENT (Please fill out for all amendments, whether site specific or otherwise) Please explain the need for the amendment (why is it being'proposed). Include any data, research, or reasoning that supports the proposed amendment (please attach additional pages if necessary). We have owned this 22+ acre property for 60 years now. We are shocked at the accelerating deterioration of the surrounding neighborhood. There is a marked increase in prostitution, transients, drug traffic, shooting, dumping and trashing. "No Trespassing" signs are tom down and/or ignored. This all across the street from Federal Way High School. We believe this tract's size and undeveloped state on a major thoroughfare (I-99) challenges the safety of the community. Due to governmental laws, codes, rules, restrictions, regulations, ordinances, the cost of community amenities (such as sidewalks, road and signal light improvements, etc.) no one has been willing to develop this property at a single family density, even for the lowest income housing. To bring this general comment into recent focus, see DevCo letter dated 24 October 1998. Due to Federal Way's restrictions which require larger setbacks and do not allow density transfers, even RM 3600 zoning is economically inadequate to produce development of this tract. Accordingly, we respectfully request an amendment change for this tract to a minimum of RM 2400 density. Such a change would serve economic feasibility and allow attractive development in the community while preserving sensitive areas. Such a change would dramatically increase taxable revenues on this land which would benefit Federal Way. Such a change would go a long way toward solving the problem of an increasingly unsafe and crime- ridden area near the city's developing core. 4. ]FEE There is no fee for the initial application. If after a public hearing, the City Council determines that the request shall be further considered for adoption, site specific requests must be submitted for a preapplication conference with a $300 fee (non-refundable, but credited to the formal application fee). If after the preapplication conference, the applicant decides to pursue the request, the remaining portion of the comprehensive plan amendment fee of $564, plus $56 per acre will be required. In the case of a non-site specific amendment, the fee will be $564. 5. SIGNATURE Signature Date Print Name If you have any questions about filling out this application form or the amendment process, please contact the Department of Community Development Services at (253) 661-4000. Please be advised that an application for a comprehensive plan amendment lacking the required information will not be accepted. Comprehensive Plan Amendment Application Page 3 File #__ DEvCo, INC. K_dsti, na Danilehik PAGE 0 F s fax #206-720-1661 -- Dear Kristina: Re_:_ .Federal Way Property I regret to advise you that we will be unable to proceed v~ith development of your property under current conditions. Federal \Vay was likeb' created as a result of the community's opposition to multi-family development. Tile current policies of the City reflect that hesitation x%4th respect to denser residential development. Most jurisdictions require different wetland buffer widths, depending on the class (or er~vironmental value) of the wetland. Most King Colknty buffer~ are 25 f~t or 50 feet. Federal Way requires a 100 foot buffer for all %'etlands and streams. Many jurisdictions have orclinanccs which permit a "density trarmfer" from an area of one zoning to an area of differing zoning, provided the parcels are contiguous. No such "density transfer" is possible in Federal Wa),. Otherwise, we could take advantage of the higher density zoning (RMI$00) which your prol~rty has along Highway 99. Were it not for the stream and buffer, that properly could theoretically support over 100 ap ,artment units. As ir is, that property has little practical value, because it is almost all within 100 feet of the stream. Our architects veere hoping that it may yield three fourplexes (twelve tow'n_houses). B~.'tween the RJVI1 $00 portion and RS5 portion of your site, approxiro.ately 35% of your site is completely u. uavailab]e for development because of the strean~ and buffer, based on the old wetlands de]ine, ation. If a new de]ineation were done, w~ consider it likely that the wetlands area has increased'since that earlier delineation. One alternative for developn~enl of th~ IR. SS portioa of your site is to build 5,000 square foot lots with single family homes on them. Under the subdivision ordinanc,~, the City requires park mitigation of either a dedication of 15% of the site (on top of the wetlands buffer) or a payment basically equal to 15% of the value of the site. However, ever), jurisdiction in the Stale is under pressure from Olympia to provide its fair share of less expensive housing. So w'itbJn the last i%w yemrs, along with many other jurisdictions, the City. of Federal Way adopted a cluster housing ordinance under wllich smaller lots (as small as 3,600 square feet) can be created, provided the overall density does not exceed that under th~ applicable zoning. The Federal Wa}, cluster ordinance allows either single family or duplex buildings on those 3,600 square foot lots, but no larger (i.e. no townhouses). Under the cluster ordinance, 15% of the site must b~ set aside as usable open spac.~ (no payment in lieu is possible). The City. will not allow any- portion of the wetlands buffer to count, towards the 15% open space requirement. Another 20% of the site is assun]ed to b~ unavailable because of roads, etc. We expect that, trader the clusterin§ ordinance, the City v,'ill allow some compromise of the road width standards applicable to the. 5,000 square foot lots. / PAGE Accordingly, the RS5 portion of your site could be developed either as 5,000 square foot lots or , (under the clustering ordinance) as 3,600 square foot lots. Your site has a considerable mount of topography. The City has a significant tree retention ordi~.anee, but at this point, we believe that trees preserved in the wetlands buffer will satisfy the tree ordinance. All areas in excess of 40% slopes must be left undeveloped, but at this point, we do not believe there are aiiy such areas. There is apparently no planning lhnitation on cuts and fills, but of course any cuts arid fills are subject to geotechnical feasibility. Most important/y, the topography severely limits the use of small lots, basically bemuse buildin.gs and parkS.ng lots have to be fiat and level. 'As a result, it is ,,'eu difficult to achieve grade changes with the remaining small setback areas. Even a 10% slope is very challenging for small lots. If we were to develop the site with 3,600 square foot lots, we would either lose a lot of developable area, or have to build a tremendous mount ofretairdng walls, even after ail the cuts and fills. The amount of topography on your site would make development of even the 5,000 square foot lots problematic. Development of your site faces many other challenges. Access to sanitary sewer sen, ice.. available only across the wetlands, is not assured. Two enU~ances to the property are required. The City bas said that an access to Hio~lway 99 could only be right in and fio~ht out (with some possibility of left in depending on conflicts with roa~ to the north). It would be very expensive and not necessarily possible to cross the stream with an access to Hi~way 99, in any case. As you 'know, we have been disc'assing possible access via the Lakehaven Utility District property in the northeast comer of the site wittl the District_ We will have to pay the District for such access, and it is not certain that it is available. At this point, we are hoping that access can be provided via 20th Avenue in the southeast comer of the site and via a separate driveway onto the site from South 304th Street. Whether that access is feasible depends largely on whether there is enough "sight distance" so that tums into and out of.the property do not conflict with traffic on South 304th Street. Developme~.t of yom-property would be expensive. The City would require half improvements on Highway 99 (even if there is n.o access there), South 304th Street and 20th Avenue South, at a cost of perhaps $140,000 for 304th, $70,000 for 20th, and $200,000 for Hio~hway 99, plus design costs. These figures assume that 304th would not have to be fulled because oft_he "sight distance" issue. There would be aa additional traffic mitigation payment which the City. has estimated at $100,000. The City collects a school mitigation cost of $2,882 per single fancily unit plus $864 per towt~xouse unit. The sewer and water cormection fees to Lakehaven. Utility District would total approximately $6,000 per single family unit and $3,600 per tovmhouse. The cumulative effect of these issues is that we do not consider it feasible to develop the property under the cra'rent allowed uses, even in this very healthy mm'ket. We encourage you to pursue the follov, Sng land use changes v~4th the City: -red'uch~g the 100 foot wefla_qcLq setback; - allowing a density transfer from the RMI800 portion to the RS5 portion; and - alloMng more than duplexes (say, up to 6-plexes) on the RS5 portion. 365 ll8th Averme SE. Suj.te 118, Bellevue, WA 98005 (425) 453-9551; (425) - I7/C ElD'fid :CII :HOiild ~S=~5I 8Ei-S~-.L30 These changes could lead to the development of your prope~. However, the topography of your site is such that, in our opinion, the only way in which it will be developed is as a multi-family site throughout. If you are able to make some progress '~4th thc City on fids front, I ~sk that you let me know. Thank you very much for working with us as you did. We appreciate th~ opportunity to attempt to develop the property. Good luck to you with ali your undertakings. ~"c°i¢~' PAG E..__5_.5 0 F_ $ Evan/Y./Hunden Pre,yin PAGE_ ot ffOF.~ 365 llSth Avenue SE. Suite 118, Bellevue, WA 98005 (425) 453-9551; (425) 453-9566 (fax) (Please fill out for all amendments, whether site specific or otherwise) Please explain the need for the amendment (why is it being proposed). Include any data, research, or reasoning that supports the proposed amendment (ple.ase attach additional pages if necessary). Introduction The Cartland, Robinson, Powers, Taylor, and Woida families seek an amendment to the City of Federal Way's Comprehensive Plan to change the designation of their properties from Single Family High Density to Community Business. The westerly 250-feet of the Woida property is proposed to remain Single Family High Density. At first blush, this request would appeal to be wholly incompatible with the goals and policies of City of Federal Way's Comprehensive Plan. However, closer examination of the proposed amendment area's historical and existing land uses and unique features of geography suggest that land within the amendment area is not well suited for future single family residential development. As such, landowners within the amendment area have investment-backed expectations that the City of Federal Way's Comprehensive Plan will include designations for their properties that bear a reasonable opportunity for implementation in the marketplace. Historical and Existing Land Uses For over 20 years, the Cartland and Taylor properties have been used for heavy commercial land uses. The Taylor property is used as a sign shop. The Cartland property was initially developed by the King County Water District 124 as a parking, storage, and maintenance facility. Subsequently the site was used by an electrical contractor - Cartland Alarm. By 1983, significant Changes to the site were performed to accommodate the Cartland Alarm business. On-site grading activities created parking for up to 55 employees and storage areas for the flat beds, trailers, boom trucks, ladder trucks, dump trucks, and other equipment required for the burgeoning business. Berms as high as ten feet were installed along the northern and western property lines to minimize noise and visual impacts to adjacent properties. Moreover, substantial remodeling of the front office building was performed to acquire Underwriter Laboratory Certification for the alarm business. In July 1997, Statewide Towing and Recovery requested a zoning code interpretation from the code compliance officer of the City of Federal Way that would allow towing and impound activities to occur on the Cartland property. In October 1997, a similar use determination was made by the code compliance office that towing and impound 1 PAGE uses were similar to the existing non-conforming use of the property and other activities that occurred over the past 20 years. The alarm business and towing business continue uninterrupted through today. Three letters from lessees of the property, dated August 20th, 23fa, and September 9, 1999, attest to the long-term, continuous use of the property as an impound yard and tow truck dispatch office. Unique Features of Geography The proposed amendment area, depicted on Exhibit A, is situated along Military Road South between South 304~ Street and where an elevated portion of Interstate 5 crosses Military Road. The portion of Military Road South situated within the amendment area is designated as a minor arterial in the City of Federal Way's Comprehensive Plan. Other portions of Military Road South are classified as principal arterials in the Comprehensive Plan. In short, Military Road is a very busy road. Interstate 5 (I-5) is also in very dose proximity to the amendment area. In fact, the right-of-way associated with I-5 immediately abuts the Taylor and Woida properties. The Cartland property is separated from the I-5 right-of-way only by the right-of-way associated with Military Road. The elevated design of Interstate 5 through the amendment area creates noise and air quality impacts that make the area unsuitable for residential development. In fact, ambient noise levels within the proposed amendment area consistently exceed preferred noise standards for outdoor activities. Air quality in the immediate vicinity of Interstate 5 may also be a factor that inhibits single-family residential development within the proposed amendment area. Single family residential development within the proposed amendment area is not supported by policies in the Transportation Element of the Comprehensive Plan related to functional road classification. Military Road South is identified in the Comprehensive Plan as a minor arterial. Single family residential development is intended to be served by local roads that funnel traffic to collector roads. The traffic from collector roads is directed to arterial roads. Existing development west of the amendment area did not make provisions for the future development of the amendment area. Even massive redevelopment between 28~h Avenue South and Military Road would not create an area of sufficient dimensions to create a road network of local and collector roads to connect with Military Road. As such, development of single family residents within the amendment area does not support the Transportation Element goals and policies in the City of Federal Way's Comprehensive Plan. PAGe_3 2 OF, q- Commercial Development within the Proposed Amendment Area Having established that the proposed amendment area is not well suited for single- family residential development, a discussion of the merits of the Community Business designation for the area are now in order. One obvious, but yet unstated, reason for the proposed amendment is fbr the protection of the existing properties used for commercial use. The Taylor.and Cartland properties are existing non-conforming land uses. The ability to refinance or sell these properties are significantly encumbered by their status as non-conforming uses. Moreover, the location of these properties near an elevated portion of I-5 suggests that redevelopment is unlikely without the construction of expensive public and private infrastructure improvements that would make single family residential development far too costly. The Community Business designation would permit existing and planned uses of property within the proposed amendment area. Furthermore, the shallow depth of the parcels would preclude big-box commercial development that would unduly impact the surrounding area. The lot dimensions and current uses occurring thereon are not unlike similar lots and uses to the north on Pacific Highway. Through the implementation of the City of Federal Way's development regulations, careful practice of environmental review, and administrative site plan review under the auspices of Use Process 11, Federal Way staff is vested with both the authority and obligation to ensure that future development is compatible with existing development. Requirements for'fencing, berming, and landscaping, the implementation of design standards, and restrictions on hours of operation represent but a few of the many tools that City of Federal Way staff could potentially employ to ensure that future development is compatible to surrounding development and that impacts related to said development are mitigated. PAGE g Annexation and Zoning Amendment Request For the All-American Homes/Jackson Parcel Approximately 27 Acres on I-5 & South 320ta Street August 1, 2000 This request is for annexation into the City of Federal Way with a concurrent zoning amendment for approximately 27 Acres on the North East comer of 1-5 and South 320th Street. The owner of the majority of this property, Jerry Jackson and All-American Homes, wants to make this a win/win situation. Mr. Jackson lives in the City of Federal Way and owns a business in the city of Federal Way. His business, Coldwell Banker All-American Associates, employees over 100 people and has been headquarted in Federal Way for over 17 years. Mr. Jackson wants this property to be an asset to the City of Federal Way. In an effort to agree on the correct zoning for this property it would be important for the City to visualize the potential value and opportunity that this property can bring to the City of Federal Way. Comparing The Size of this parcel to other properties in Federal Way, this 27 Acre Parcel is * Larger than the SeaTac Village property totaling approximately 16 acres. * Larger than the Gateway Center property including Marie Callendars and the Marriott Hotel plus the Truman School property to the North totaling approximately 25 acres. * Larger than the Park and Ride South of 320th on 1-5 plus the Holiday Inn Hotel, the Free i-Net Building and the gas station/mini mart on 320th Street totaling approximately 18 acres. A property of this size holds the potential of making a significant contribution to the City of Federal Way in several ways: 27 Acre Vacant Parcel in City and On Major Freeway Exit: This will be the largest vacant parcel of ground available inside of/or concurrent to the City of Federal Way frame or core area and located on a major freeway exit it provides easy freeway access. (Likewise, the adjacent freeway connectivity is too noisy for residential use.) PAGE_- ¢ OF 2.. PAGE /-+,OF ¢ Tax Base: This ground once built on has the potential of generating a tax base equal to or greater than the Gateway Center, or_SeaTac Village. Annexation Attraction: This property, correctly developed can serve as an enticement for the residents east of I-5 to want to be annexed into the City of Federal Way. Presently, there are no grocery stores in the eastside potential pre-annexation area. As it stands now most of these residents do their grocery shopping in Auburn or Edgewood choosing to not cross over I-5 through the traffic into Federal Way. Strategic use of this property can attract other property owners to also choose to annex into the City of Federal Way thereby helping the City to meet their Urban Growth residential housing unit commitment. Development Potential: Correctly zoned, with a developer's agreement, this property provides the site to meet many of the recommendations of Hunter Interests Incorporated, the consulting firm that was hired by the City of Federal Way. Zoning Request The applicant is requesting BC Zoning with a Developers Agreement with conceptual information that would allow for the following uses: A shopping center that would include a grocery store, drag store, Starbucks coffee shop, video store, cleaners, cards and gift store, restaurant and gas station. A field house, sports arena, performing arts center, theaters, office buildings or hotel. A transit center, bus barn or park and ride. Jerry Jackson wants the City of Federal Way to be proud of this annexation and the future development of this property, as well as to have it be a profitable opportunity by creating a lucrative tax base that will benefit the city and its residents for decades to come. DEVELOPMENT WASH~IG TOI~ LL C City of Federal Way 33530 1a Way South Federal Way, WA 98003;6221. Re: Revision 1o Application- PRE00-0049/CPA 99-0005 Dear Ms. Clark: We are ;vorking with Dick Borsinl o¢Colliera to determine feaslhlllty for development on the parcels at the southwest corner of 336m and Pacific Highway. As these parcels front on Pacific Highway, the development would have high visibility and ease of access to the freeways and other areas of Federal Way. We believe the highest and best use of these ~arccls is retail and/or office. Other uses we have considered include medical or professional, and a fitness club. In fact, we have an interested party for a combined use as a fitness club and physical therapy (health ~linic). In addition, we know that ocher retail users have expressed interest in the site. We don't see this as an industrial area. The trucks, loading, access, and aesthetics required or allowed for industrial developmem don't fit with other uses along Pacific Highway and would be disruptive to the existing traffic flow and use of neighboring parcels. Office would be considered but typically requires a different environment than that existing along Pacific Highway. We believe the zoning should be changed to allow for market flexibility. AttaeheA i.~ a site, plan nf the t. hre~ parcels that Croat on the intersection-of Pacific ttighxvay and 3364 Street. We're showing a combined use of retail and fitness center. The ~ea of lm~d to the w~-t of the w~land doe~ not have good exposure to tie street but is set in a nice environment for residential use. We suggest tho zoning for this area to allow lbr Multi-family. The usable area west of the wetlands is approximately 7.8 acres, which would provide approximately 140 units. Please eMI me if you have any questions or need additional information. Sincerely, Oramor Development Vice ?~sident t33 164~' ST. S.W. I SUIT~ 1071LYNNWOOD. WA 98037-8!21 ! (425) 742-5242 F.~X (425') 742-5553 f:ILK3-~":O-;_:::~BL:;liB 1G: 10 F~0I'1: TO:E~53 ~ 4040 P,I~IBB/004 -- E~YHI!~ ~,? I PAGE~ OF ~ ~.~ ,,,~,- · g ~-g,= _.....-/__. .~ .-zo rr _~ v~ o UJ-. ID_ ~ ~6~- ~-=~ ~ EY '~ ,~-- ~ ,,,o ~ ,12 ~P~G "' ¢ I' _Il' o o°0 I:D N ,~o~ · ~ toO rD - . 0 0 ~ OO~N  PRINCIPALS: GEOFFREY HODSDON, P.E., S.E. ALLAN E. BESSETTE, P.E., S.E. GEORGE ,. SEAN M. COMFORT, P.E. PAUL B. McCORMICK P.E., S.E. DOREEN S. GAVIN, P.E. THOMAS R. HICKS, P.E., S.E. LEN ZICKLER, AICP, ALSA ASSOCIATES: September 15, 2000 D~",EL 8. BOOTH. P.E.. $.E. JA~E$ R. CARl. SEN, P.E. Ms. Margaret Clark Senior Planner City of Federal Way 33530 - 1" Way South Federal Way, WA 98003 Project: Cartland-Federal Way Comprehensive Plan Amendment, Our File No. 99351.31 Subject: Request for Reconsideration of the Federal Way City Council's Land Use/Transportation Committee Decision of September 1, 2000 Dear Margaret: I am writing to request reconsideration of the decision by the City Council's Land Use/Transportation Committee (LUTC) on September 11, 2000, to not proceed with further analysis of the 2000 Comprehensive Plan Update Site Specific Request #3. We contend that the city did not grant our request the appropriate level of review and that the special nature of the area was ignored. Additionally, because we did not receive the staff report until late afternoon on Thursday September 7, 2000, and not all of the property owners who were a part of the amendment received proper notice of meeting from the city, we lacked sufficient time to prepare for the LUTC meeting. The suggestion made at the September 11, 2000, LUTC meeting, that this particular Comprehensive Plan amendment will set a citywide precedent for changing the comprehensive plan designation from residential use to commercial use in those areas adjacent to Interstate 5 was inaccurate. We believe this denies the special nature of this site, Which is next to an Interstate 5 overpass of Military Road South. Unlike most existing residential areas adjacent to Interstate 5, in this particular instance there is no way to mitigate the noise impacts of the freeway through noise attenuation walls or landscape buffering. Due to the high ambient noise levels generated by the freeway at the site, it would be very difficult for any developer to afford to build single-family homes in this area with the level of noise reduction required to just hold a normal conversation. Additionally, Military Road is a minor arterial and according to the Transportation Element of the city's Comprehensive Plan such a road classification is unsuitable for providing access to single family residential homes. 2215 NORTH 3OTH STRE~'T SUn'E 300 TACOMA. wa 98403 P~ (253) 383-2422. FAX: (253) 383-2572 ahbl_inc~ix.netcom.com Ms. Margaret Clark September 18, 2000 Page 2 We believe that additional study by the dry is warranted before a final derision can be made regarding our proposed amendment. Please call me at (253) 383-2422, if you have any questions or need additional information. Sincerely, Brad Medrud, AICP Land Use Planner c. Linda Peterson, Pat's Plumbing Robert Robinson Vilma Taylor, Vilma's Signs Allan Woida Len Zickler, AICP, ASLA; AHBL, Inc. dark09.180 EXH~~ ~ PAGE.._~ OF_~ - /~HBL MEETING DATE: October 17, 2000 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Federal Way City Code; Disposition of Confiscated &Forfeited Firearms CATEGORY: BUDGET IMPACT: CONSENT RESOLUTION X ORDINANCE STAFF REPORT Amount Budgeted: $ BUSINESS PROCLAMATION Expenditure Amt: $ HEARING STUDY SESSION Contingency Reqd: $ FYI OTHER ATTACHMENTS: Memo from Interim Chief Chaney regarding the Parks, Recreation, Human Services and Public Safety Committee recommendation and the final draft of this ordinance. SUMMARY/BACKGROUND: Pursuant to the Revised Code of Washington 9.4 ! .098(2), Forfeiture of Firearms - Disposition- Confiscation, the Public Safety Department is requesting the adoption of this ordinance to create and adopt a new City Code Chapter of the Federal Way City Code establishing the Disposition of Confiscated and Forfeited Firearms. The purpose of this request, is to provide the means for the Department of Public Safety a procedure to dispose of forfeited firearms. We are requesting the following options for disposal: 1. Illegal firearms will be destroyed. RCW 9.41.098(2)(a) "...may be disposed of in any manner determined by the local legislative authority." 2. Forfeited legal firearms meeting the standards for the Federal Way Department of Public Safety may be retained for Department use. RCW 9.41.098(2)(b) "...law enforcement agency shall destroy illegal firearms, may retain a maximum of ten percent of legal forfeited firearms for agency use..." 3. Firearms meeting the criteria as governed by RCW 9.41.098(2)(c) will be disposed of in accordance. RCW 9.41.098(2)(c) Antique, curios, relics, exempt from destruction, and firearms of particular historical value will "be disposed by auction or trade to licensed dealers." The adoption of this ordinance is in the best interest of the City of Federal Way, the Public Safety Department, Law Department, Municipal Court, and the Federal Way Citizens. CITY COUNCIL COMMITTEE RECOMMENDATION: At the October 9, 2000, meeting the Parks, Recreation, Human Services and Public Safety Committee recommended that the Federal Way City Code; Disposition of Confiscated & Forfeited Firearms Ordinance be forwarded to City Council for consideration. CITY MANAGER RECOMMENDATION: Motion to move ordinance to the second reading and enactment at the next regular meeting on November 7, 2000. ~_.e-~/x APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: COUNCIL BILL # APPROVED 1st Reading DENIED Enactment Reading TABLED/DEFERRED/NO ACTION ORDINANCE # RESOLUTION # Item 5D CITY OF FEDERAL WAY DEPARTMENT OF PUBLIC SAFETY DEPARTMENT Date: October 9, 2000 To: Parks, Recreation, Human Services & Public Safety Council Committee From: Thomas J. Chaney, Sr., Interim Chief of Police Via: David Mo's~anager Subject: Federal Way City Code; Disposition of Confiscated & Forfeited Firearms Background: Pursuant to the Revised Code of Washington 9.41.098(2), Forfeiture of Firearms - Disposition- Confiscation, the Public Safety Department is requestingthe adoptionofthis ordinance to create and adopt a new City Code Chapter of the Federal Way City Code establishing the Disposition of Confiscated and Forfeited Firearms. The purpose of this request, is to provide the means for the Department of Public Safety a procedure to dispose of forfeited firearms. We are requesting the following options for disposal: 1. Illegal firearms will be destroyed. RCW 9.41.098(2)(a) "...may be disposed of in any manner determined by the local legislative authority." 2. Forfeited legal firearms meeting the standards for the Federal Way DepartmentofPublic Safety may be retained for Department use. RCW 9.41.098(2)(b) "...law enforcement agency shall destroy illegal firearms, may retain a maximum of ten percent of legal forfeited firearms for agency use..." 3. Firearms meeting the criteria as governed by RCW 9.41.098(2)(c) will be disposed of in accordance. RCW 9.41.098(2)(c) Antique, curios, relics, exempt from destruction, and firearms of particular historical value will "be disposed by auction or trade to licensed dealers." The adoption of this ordinance is in the best interest of the City of Federal Way, the Public Safety Department, Law Department, Municipal Court, and the Federal Way Citizens. Attached is the final draft. Committee Recommendation: / 7j To move to City Council Meeting on October 1~,- 2000 for approval and adoption of this new Ordinance, Disposition of Confiscated and Forfeited Firearms. I/LA U RA/MS/AG EN DA/PS/100900/CCFO R FFA ORDINANCE NO. DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, CREATING A NEW CITY CODE CHAPTER OF THE FEDERAL WAY CITY CODE, ESTABLISHING THE DISPOSITION OF CONFISCATED AND FORFEITED FIREARMS. WHEREAS, the City of Federal Way's law enforcemem agency confiscates firearms used by persons committing crimes within the City and holds other weapons for safekeeping to avoid the illegal use of such weapons, and ~: WHEREAS, RCW 9.41.098 (2)(a), allows for the disposition of confiscated and judicially forfeited firearms in any manner determined by the local legislative authority; and WHEREAS, the City Council finds that the destruction of judicially forfeited or unclaimed firearms serves the best interests of the City of Federal Way; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Disposition of confiscated and forfeited fn'earms. A. All firearms taken into the custody of the Federal Way Department of Public Safety and no longer needed for evidence shall be disposed of as follows: a. Firearms illegal for any person to possess shall be destroyed. b. Antique firearms and firearms recognized as curios, relics, and firearms of particular historical significance by the United States treasury department bureau of alcohol and tobacco, and firearms exempt from destruction shall be disposed of in accordance with RCW 9.41.098 (c), or hereafter amended. ORD # , PAGE 1 c. All other firearms that are judicially forfeited or forfeited due to a failure to make a claim under RCW 63.32.010 shall be destroyed, ' except that such firearms which meet the Federal Way Department of Public Safety's standard for use may be retained and used by the Department. Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3.. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this day of ,20 CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC ORD # , PAGE 2 APPROVED AS TO FORM: BOB C. STERBANK, INTERIM CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ORDIN\firearm.doc Revised 9/28/00 ORD # , PAGE 3 CORRESPONDENCE RECEIVED ON SITE SPECIFIC REQUEST #2-- DANILCHIK October 7, 20 Federal Way City Councilmembers, We are submitting this petition to state our objection to the request from Bessie Danilchik to change the comprehensive plan and zoning of approximately 22 acres located north of South 304th Street and east of Pacific Highway South from Single Family High Density Residential (RS 7.2 and RS 5.0) and Multihmily Residential (RM 1800) to Multifamily (RM 2400). We oppose this change on several points, including: · ^ Category I wetlaad (the most sensitive type), Redondo Creek, runs through this property. Redondo Creek continues through Des Moines, emptying into Puget Sound, and is home to two types of salmon, according to the 1996 Redondo Creek Water Quality Report by the Puget Soundkeeper Alliance. According to the 1991 Hylebos Creek and Lower Puget Sound Basin.Plan, some areas of Redondo Creek have experienced high concentrations of metals (copper and zinc) during storm events as well as a strong oil/grease sheen observed during sampling events. The 1991 plan recommends conducting a $21,683 study to identify contributors of pollutants to the stream. This study has not been done. We urge the council to deny this proposed rezone for apartments, as it would add more impervious surface, likely to contribute to the runoffinto Redondo Creek that contains oil, greas~ and metals. Any rezone of property that would impact this creek should not be considered until water quality studies are completed. · The topography ofthis property does not lend itself to building apartments, which would create more impervious surface, contributing (o runoff. An erosibn hazard area runs through the middle of this property (see City of Federal Way sensitive areas map). Parts of this erosion control area overlap with Redondo Creek. · Apartments also would increase the concerns about traffic on S. 304th Street and its intersections. Counts already are high at peak times at three intersections along 304th (304th and Pacific Highway South, 304th and Military Road South, 304th and 28th Ave. S). People trying to turn onto 304 th from 28 th Ave. S. sometimes are backed almost all the way up to 312th Street (near Steel Lake Park) at peak times. Military Road, both north and southbound, also gets clogged with those attempting to turn onto 304th. And people trying to turn from 304th onto Pacific Highway South must often wait through three lights. In addition, residents have expressed concern about the number of people who speed down 304th Street daily. Putting apartments on the corner of 304th and Pacific Highway South, behind the businesses that face the highway, would contribute to these problems. · This property abuts single-family residential neighborhoods (mostly RS 7.2). Placing apartments next to these existing homes would degrade the character and quality of the neighborhoods. Also, with the 200-foot setback required from the Category i wetland (Redondo Creek), as well as setbacks from the erosion hazard area, there would be little room, if any, for a buffer between the apartments and the residential neighborhoods. · The 22 acres in the prgposal are just outside the city's downtown frame and core, which are set to absorb one- fourth of the city's new housing by 2013. It does not make sense to add more apartments just outside of this area. This area of the city is already set to absorb its fair share of the new housing- and the traffic and other headaches that can come with it. We urge you not to impact these neighborhoods further. We urge you to deny this proposed rezone for the above reasons. Thank you for your consideration. October 7, 2000 Federal Way City Councilmembers, We are submitting this petition to state our objection to the request from Bessie Danilchik to change the comprehensive plan and zoning of approximately 22 acres located north of South 304th Street and east of Pacific Highway South from Single Family High Density Residential (RS 7.2 and RS 5.0) and Multifamily Residential (RM 1800) to Multifamily (RM 2400). We oppose this change on several points, including: · A Category I wetland (the most sensitive type), Redondo Creek, runs through this property. Redondo Creek continues through Des Moines, emptying into Puget Sound, and is home to two types of salmon, according to the 1996 Redondo Creek Water Quality Report by the Puget Soundkeeper Alliance. According to the 1991 Hylebos Creek and Lower Puget Sound Basin plan, some areas of Redondo Creek have experienced high concentrations of metals (copper and zinc) during storm events as well as a strong oil/grease sheen observed during sampling events. The 1991 plan recommends conducting a $21,683 study to identify contributors of pollutants to the stream. This study has not been done. We urge the council to deny this proposed rezone for apartments, as it would add more impervious surface, likely to contribute to the runoffinto Redondo Creek that contains oil, grease'and metals. Any rezone of property that would impact this creek should not be considered until water quality studies are completed. · The topography of this property does not lend itself to building apartments, which would create more impervious surface, contributing to runoff. An erosion hazard area runs through the middle of this property (see City of Federal Way sensitive areas map). Parts of this erosion control area overlap with Redondo Creek. · Apartments also would increase the concerns about traffic on S. 304th Street and its intersections. Counts already are high at peak times at three intersections along 304th (304th and Pacific Highway South, 304th and Military Road South, 304th and 28th Ave. S). People trying to turn onto 304th fi.om 28th Ave. S. sometimes are backed almost all the way up to 312th Street (near Steel Lake Park) at peak times. Military Road, both north and southbound, also gets clogged with those attempting to turn onto 304th. And people trying to turn from 304th onto Pacific Highway South must often wait through three lights. In addition, residents have expressed concern about the number of people who speed down 304th Street dali[/. Putting apartments on the corner of 304 th and Pacific Highway South, behind the businesses that face the hib/hway, would contribute to these problems. · This property abuts single-family residential neighborhoods (mostly RS 7.2). Placing apartments next to these existing homes would degrade the character and quality of the neighborhoods. Also, with the 200-foot setback required from the Category 1 wetland (Redondo Creek), as well as setbacks from the erosion hazard area, there would be little room, if any, for a buffer between the apartments and the residential neighborhoods. · The 22 acres in the proposal are just outside the city's downtown frame and core, which are set to absorb one- fourth of the city's new housing by 2013. It does not make sense to add more apartments just outside of this area. This area of the city is already set to absorb its fair share of the new housing- and the traffic and other headaches that can come with it. We urge you not to impact these neighborhoods further. We urge you to deny this proposed rezone for the above reasons. Thank you for your consideration. .2O fl l l 0o~ .17 O0 08: 16~ Philip C Kiepne~MD 2S3 404 il?4 October 7. 2000 Federal Way City (.'ouncilmembers. We are submitting thix petition to state our objection to the request from Bessie Danilchik to change tile comprehensive plan and zoning ofappror, inlately 22 acres located no~ of South 304 th Street and east of Pacific Highway South fi'om Single Family High Density Re~identlal (RS 7.2 and RS 5.0) and Mnltli~mily Residential (RM 1800) tO Mu[tifamily (RM 2400). We oppose this change on several points. ~cluding: · A Cate~o~, 1 wetland (the most sensitive ~), Redondo Cree~ l~ through this prope~'. R~ondo Creek continues through Des Moines, emptying h~to Puget Sound. and is home to two t),pe~ or,linen, a'ccording [o the 1996 Redondo Creek Watec Quality Repo~ by the Puget Soundkee~r Alliance. According to the 1991 H~ebos Creek and Lower Puget Sound B~in Plan, some areas of Redondo Creek have experient~d high conc~ntrat[om of metals &opper and zinc) during storm events m~ well ~ a .~trong oil/gre~,e sh~n obse~ed during sampling events. The 1991 plan recommend~ conducting a $21,683 s~dy lo ide~ti~ cont~butors of~utants to the stream. This study has not been done. We urge the council to deny this proposed rezone for apartments, as it wo(ild add more imperious surface, likely to contribute to the runoffinto Redondo Creek that' tnntains oil, grease ami nietals. Any rezone of prOperty that would impact this creek should ~wc be considered unt~ t~ter quality studies are completed. · The topography ofthis properS, does not lend iuelfto building apartments, which would create more impe~,ious su~ace, contributing to runoff. An erosion hazard area ~m through die middle of this property (see City of Federal Way sensitive areas map). Part~ of this erosion control area overlap with Redondo Creek. · Apartments aLso would incre~e the conce~s about traffic on S. ~0ath Strut and its inters~tions. Counts ah'early are high at peak times at th tee intersectio~z~ along 30~ta (304th and Pacific Highly South. 304th and Milita~ Road South, 304th and 28th Ave. 5). People t~ng to turn onto 304 fl~ from 28 fl~ Ave. S. ~metimes are backed almost all the ~ay up to 312th Street (near Steel L:,ke Park) at peak tlm~x. Milita~ Road. both north and southbound, also gets clo~ed ,dth those attempting to turn omo 304th. And p~pIe t~4ng to turn from 304th onto Pacific Highway Sam h must allen ~it through thr~ light. In additio., lesidencx have expr~s~ concern about the nutnber of people who speed do~t 304flI Strut daily. Putting apanmenU on the comer of 304 th and t'acific ! lighway South, behind d~e b~in~es that face the highway, would ~ntribute to these problems. · This proper~ abuts single-~amily residential neighborho~s (mostly RS 7.2). l,hdng apartments next to these exL~ting homes would degrade the character and quali~ el'the neighborhoo&. Also, ~th the 200-foot setback req, lred from the C'atego~ 1 wetland (gcdondo Creek), ~ ~'e~ a~ ~ac~ from ~e erosion hazard area, there we,Id be little room, if any, for a buffer ~'een the apart~nents and the resi&nfial neighborhoo&. · The 22 acres i~ the proposal are just ou~ide the city's downtown frame and core, which are ~et to absorb one- fourth of the city's new housing by 2013. It does not make seine to add mo~ apartments just outside of this area. - This area of the city is already set to ab~rb its fair share of the new housing- and the tra~c and other headaches that can come with il. We urge you not to impact thc~e neighborhoods further. We ucge you to deny this propos~ rezone for the a~ve reasom. Thank you for your consideration. From: David S. Anderson (home owner/tax payer) 2003 S. 301st. PI Federal Way, WA 98003 Dear council members, I am writting this letter to adamantly oppose the re-zoning proposal for the 22 acre wooded/wetland parcel located at 304th Street and Pacific Highway South. The proposal to re-zone and build apartments on this site is anti-enviornmental to our area, absurd thinking by our elected officials, and completely unexceptable to those of us who live in the immediate residential neighborhood. If this re-zone proposal is put in place, it will show how the (new) City of Federal Way accomodates special intrest groups for development profit and leaves the citizens of our city to put up with the results. I first moved to Federal Way in 1963 and have watched Federal Way evolve from a rural setting overlooking Puget Sound, to a city of 75,000 people. I have also operated a business in Federal Way since 1978, and have been a homeowner in Federal Way since 1991. In the last two decades it has been a travisty to watch green area after green area from north of 288th to NE Tacoma, and from Military road to Browns Point disappear and mm into high density housing and apartment complexes. King County is trying to turn our area into a dumping ground for low income housing. I know I am not overstating this fact. Just review the high density population stats, the crime stats,and the traffic problems just to name a few examples. I am not opposed to growth. Growth is inevitable, but growth without mason or through poor planning is bad for our community and should not be allowed or tolerated. I am not able to attend the council meeting on October 17th, but please add my voice to the list of people who oppose this issue. I would like to thank Mr. Phil Watkins for attending our neighborhood meeting, and hopefully representing our intrests in this matter. I hope the city council will listen to our voices and concerns, and make the correct choice to keep high occupancy housing out and keep some natural greenery around neighborhoods. Respectfully, David S. Anderson Federal Way City Council 33530 1st Way South -. Federal Way, WA 98063 RE Potential Re-zone of the wetlands located North of South 304~ Street and East of Pacific ~ Highway South Council Members - I am decidedly opposed to zoning this area for increased multi-family dwellings. The property is immediately adjacent to existing single-family residences and contains a wetland / run-offfor Steel Lake. Additionally, the traffic congestion in this area is already severe. While developers, and those on the council in favor of this rezoning, certainly may say there are ways to mitigate increased traffic, potential water mn-off issues, and the increased potential for ~ crime that comes with multi-family more transient homes, many of the people in this room really ~. don't believe that. Many of us have seen and lived in places where this just hasn't been the case. · ..~ Additionally, I grow fired of telling people I live in Federal Way and hearing the come-back "Oh -~ yeah, 'apartment city'." I believe this is due to prior decisions to rezone areas near existing ~ residences for apartments. This policy detracts from the quality of life for the people that plan to . make their homes in tiffs city and the ability of the city to attract new families to reside here. Anne Ham 2017 South,,~02nd~ Place Federal W~, WA 98003 OCT 1 9 T' Federal Way City Counciimembers, - City Clerks Office - We are submitting this petition to s~ c :.ur e~,j~t~flft~[;~st from Pf ~sie Danilchik to change the comprehensive plan and zoning of approximately 22 acres located north o~ South 304th Street and east of Pacific Highway South from Single Family High Density Residential (RS 7.2 and RS 5.0) and Multifamily Residential (RM 1800) to Multifamily (RM 2400). We oppose this change on several points, including: · A Category I wetland (the most sensitive type), Redondo Creek, runs through this property. Redondo Creek continues through Des Moines, emptying into Puget Sound, and is home to two types of salmon, according to the 1996 Redondo Creek Water Quality Report by the Puget Soundkeeper Alliance. According to the 1991 Hylebos Creek and Lower Puget Sound Basin Plan, some areas of Redondo Creek have experienced high concentrations of metals (copper and zinc) during storm events as well as a strong oil/grease sheen observed during sampling events. The 1991 plan reconunends conducting a $21,683 study to identify contributors of pollutants to the stream. This study has not been done. We urge the council to deny this proposed rezone for apartments, as it would add more impervious surface, likely to contribute to the runoff into Redondo Creek that contains oil, grease and metals. Any rezone of property that would impact this creek should not be considered until water quality studies are completed. " · The topography of this property does not lend itself to building apartments, which would create more impervious surface, contributing to nmoff. An erosion ha?ard area runs through the middle of this property (see City of Federal Way sensitive areas map). Parts of thi. s erosion control area overlap with Redondo Creek. · Apartments also would increase the concerns about traffic on S. 304t~ Street and its intersections. Counts already are high at peak times at three intersections along 304~ (304~ and PacificHighway South,'304~ and Military ROad South, 304th and 28~ Ave. S). People trying to mm,onto 304t~ from 28t~ Ave. S. sometimes are backed almost all the way up to 312~ Street (near Steel Lake Park) at peak times. Military Road, both north and southbound, also gets clogged with those attempting to turn onto 304t~. And people, trying to turn from 304~ onto Pacific Highway South must often wait through three lights,.In addition~ r~sidents have expressed concern about the number of people who speed down 304th Sff~et daily. Putting apartments On the comer of 304th and Pacific Highway South, behind the businesses that face the highway, would contribute to these problems. · This property abuts single-family residential neighborhoods (mostly RS 7.2). Placing apartments next to these existing homes would degrade the character and quality of the neighborhoods. Also, with the 200-foot setback required from the Category 1 wetland (Redondo Creek), as well as setbacks from the erosion hazard area, there would be little room, if any, for a buffer between the apartments and the residential neighborhoods. · The 22 acres in the proposal are just outside the city's downtown frame and core, which are set to absorb one-fourth of the city's new housing by 2013. It does not make sense to add more apartments just 6utside of this area; This'area of. the city is already set to absorb its fair share of the new housing - and the traffic and other headaches that can come with it. We urge you not to impact these neighborhoods further. .' We urge you to deny this proposed rezone for the above reasons. Thank you for.your consideration. Eugene D. and Barbara A. Sager 30240 20th Ave. South Federal Way, WA 98003-4244 (253) 839-0930 October 16, 2000 Federal Way City Council Members, Re: City of Federal Way, City Council Notice of Public Hearing. Letter dated October 2, 2000. Request #2., We the owners of the above property strongly oppose any changes to the existing comprehensive plan and zoning as requested by Bessie Danilchik. She requests rezoning changes to 22 acres of property situated north of south 304th and east of Pacific Highway South from Single Family High Density Residential (RS-7.2 and RS-5.0) and Multifamily Residential (RM 1800) to Multifamily (RM 2400). We live in a single family dwelling residential neighborhood. What Ms Danilchik is proposing is a zoning change to permit construction of apartment buildings. And they will be located directly in front of our house. Our property value will drop, the existing roads will be saturated with traffic, the schools will be hard pressed to handle the influx of new students and the existing wetland and out fall from Steel Lake will be severely compromised and in all likelihood destroyed. The wetland, classified as a Class 1 Wetland, feeds a natural stream that spills into Puget Sound at Redondo and supports salmon at the lower end. An apartment complex has large paved impervious areas draining into storm drains. Mixed with the normal runoff will be oil, solvent, gasoline and antifreeze all generated by tenant vehicles. It gets worse when automotive mechanical work takes place in apartment complexes and in spite of city ordinances prohibiting the activity it won't stop. When set backs for the wetland and the companion erosion zone that runs through the middle of the property is observed it will result in the loss of a natural noise buffer. Buildings could potentially be less than 40'feet from the front of our house. If that happens our quality of life will be gone. We have already absorbed our fair share of apartments (drive around and look at all the shopping carts that have been abandon in the ditches at the side of the roads) and the resulting traffic in our neighborhood. To destroy a natural habitat and wetland, degrade our quality of life and property values to permit construction of additional transient population housing would be a travesty. I urge the Federal Way City Council to look at all the issues regarding this rezone request carefully and not be rushed into a decision. Respectfully Submitted, October 7, 2000 Federal Way City Council Members, Re: City of Federal Way, City Council Notice of Public Hearing letter dated October 2, 2000. 2000 Comprehensive Plan Update, request//2. We the undersigned property owners are submitting this petition to state our objection to the request from Bessie Danilchik to change the comprehensive plan and zoning of approximately 22 acres located north of South 304~ Street and east of Pacific Highway South from Single Family High Density Residential (RS 7.2 and RS 5.0) and Multifamily Residential (RM 1800) to Multifamily (RM 2400). We oppose this change on several points, including: · A Category I wetland (the most sensitive type), Redondo Creek, runs through this property (see attachment 1). Redondo Creek continues through Des Moines, emptying into Puget Sound, and is home to two types of salmon, according to the 1996 Redondo Creek Water Quality Report by the Puget Soundkeeper Alliance. According to the 1991 Hylebos Creek and Lower Puget Sound Basin Plan, some areas of Redondo Creek have experienced high concentrations of metals (copper and zinc) during storm events as well as a strong oil/grease sheen observed during sampling events. The 1991 plan recommends conducting a $21,683 study to identify contributors of pollutants to the stream. This study has not been done. We urge the council to deny this proposed rezone for apartments, as it would add more impervious surface, likely to contribute to the runoff into Redondo Creek that contains oil, grease and metals. Any rezone of property that would impact this creek should not be considered until water quality studies are completed. · The topography of this property does not lend itseff to building apartments, which would create more impervious surface, contributing to runoff. An erosion hazard area runs through the middle of this property (see City of Federal Way sensitive areas map). Parts of this erosion control area overlap with Redondo Creek. · Apartments also would increase the concerns about traffic on S. 304~ Street and its intersections (see attachment 2). Counts already are high at peak times at three intersections along 304~ (304~ and Pacific Highway South, 304th and Military Road South, 304th and 28th Ave. S). People trying to turn onto 304th from 28th Ave. S. sometimes are backed almost all the way up to 312th Street (near Steel Lake Park) at peak times. Military Road, both north and southbound, also gets clogged with those attempting to mm onto 304th. And people trying to mm from 304~ onto Pacific Highway South must often wait through three lights. In addition, residents have expressed concern about, the number of people who speed down 304th Street daily. Putting apartments on the corner of 304t~ and Pacific Highway South, behind the businesses that face the highway, would contribute to these problems. · This property abuts single-family residential neighborhoods (mostly RS 7.2). Placing apartments next to these existing homes would degrade the character and quality of the neighborhoods. Also, with the 200-foot setback required from the Category 1 wetland (Redondo Creek), as well as setbacks from the erosion hazard area, there would be little room, if any, for a buffer between the apartments and the residential neighborhoods. · The 22 acres in the proposal are just outside the city's downtown frame and core, which are set to absorb one-fourth of the city's new housing by 2013. It does not make sense to add more apartments just outside of this area. This area of the city is already set to absorb its fair share of the new housing - and the traffic and other headaches that can come with it. We urge you not to impact these neighborhoods further. We urge you to deny this proposed rezone for the above reasons. Thank you for your consideration. SIGNATURE ............ ~.___~~'.:: .... ~_~.__~:~:,._-_ SIGNA~ ~ ~.~.__~~~~~.__~___~_~_~ .................................................... ~D~SS ~ s~$~~~ .................................................... ~ ...... ~~~---~;?~~ ..... S~$~ ~~~ .5~_[_%__ ----~ '~' ~-~ .... ' ~ ................................................. _s~.t_~.t__.._~.~~~~~_~.~___~~~~__~_ SlGNA~ ............... ~~ .... ~ ~~~ ...................................................................... ~D~SS SIGNA~ ............................................................................................................ N~ ~D~SS SIGNA~ ............................................................................................................ 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Paula & Harry Snyder 2023 S 302"d P1 Federal Way WA 98003 (253) 839-7872 October 17, 2000 Federal Way City Council Members: In regard to Request g2on the 2000 Comprehensive Plan Update dated 10/2/00, we would like to express our concerns and request that you deny the request made by Bessie Canilchik to change the zoning of approximately 22 acres located north os S. 304t~ St. and east of Pacific Hwy South from Single Family to Multifamily. Our concerns are as follows: · ENVIRONMENTAL We are extremely concerned about the protection of wetland and the salmon that are in Redondo Creek, which runs through this property. Building of multifamily buildings includes covering much of the land with asphalt, and does not allow the soil to filter the water that eventually we use again. Building of single family residences at least allows some of the land to be uncovered (back yards/front yards, etc.). Erosion control and the steep slopes of this property are another concern. We don't want to see landslides of structures caused by building on unstable slopes and the danger that presents to everyone around. · TRAFFIC The up and down curvature nature of South 304th Street (hilly!) presents a current danger to motorists and pedestrians. Just a few months ago, the city did decrease the speed limit to 30 (from 35). We have lived here for eight years, and we would like to allow our daughter to walk or ride her bicycle to school (which is a 15 minute walk), but we cannot because we are concerned for her safety. There is no sidewalk, and the shoulder is such that one must walk single-file.., even then there are parts where the shoulder is not consistently wide enough. Even with a sidewalk, the hilly nature of S. 304th Street presents a concern that motorists will not have the visibility over these hills to see children. Apartments would increase the number of children walking to the local elementary school, as it is too dose to require bus transportation. · EDUCATION Most importantly, Wildwood Elementary is currently at capacity. Last year, I believe that they housed 678 children in a building built for 530. There are four portable buildings on the property, and the City of Federal Way will not allow any more portables. This year, the school district re-drew the boundaries and Wildwood checked for residency and our enrollment has dropped to approximately 575 students. With 100 less students this year, we feel that we can finally breathe out instead of just in! Still, class sizes are approximately 26 students in each class, which are not small classes. Building apartments in the Wildwood service area would probably create again such a space issue the same or worse than what we have faced the last few years. The other issue about education is that if children are moved during the school year, their education is interrupted and they suffer. In general, apartments lend themselves more towards those who move more often than homeowners. In speaking with one of the teachers at Wildwood, she said that last year she only had 18 students in her class finish the year that began the year with her. · PLANNING If, as I have heard, the city of Federal Way has one of the lowest rents in the area, and if, as I have heard, we have one of the highest vacancy rates in apartments, why would we want to build more apartments? One more thought: even IF an environmental impact study showed that apartments COULD be built on this property (which we don't see how that would happen), just because something CAN be done, doesn't mean that it SHOULD be done. Thank you for your consideration! Sincerely, Paula Snyder Harry Snyder ~'W~el~ Master ;.CitY council ~tg Tues 10/17/00 page From: art bender <abenderl@uswest. net> To: <webmaster@ci.federal-wayl.wa.us> Date: Mon, Oct 16, 2000 12:49 PM Subject: City Council mtg Tues 10/17/00 I have just learned of an agenda item to re-zone 22 acres at So 304th St and Hwy 99 from single family houses to Apartments. I STRONGLY OPPOSE REZONING TO APARTMENTS BECAUSE; 1 ) More apartments would would degrade the character and value of the existing Steel Lake neighborhoods. 2) The property is outside the city downtown area where apartments should be located for access to facilities and businesses. 3) Redondo Creek - a Cat I wetland runs thru the property. Environmental Impact Studies must be done to ensure no negative impact on these wetlands and Steel Lake itself. 4) The property has serious erosion hazards which could affect Redondo Creek and the wetlands. 5) Traffic and other congestion caused by apartments in this location would be significant and very negative to the quality of life in Federal Way. 6) The current zoning is correct. Why would the council consider changing it to a zoning that would be a severe negative impact on this residential area? PLEASE DENY THE REZONE REQUEST. Thank You; Art and Dalene Bender 2325 So 304th St Federal Way, Wa 98003 253-529-4515 Devin Smith 1814 SW 347th PI Federal Way~ WA 98023 253-815-8156 Oct. 17~ 2000 Federal Way City Council Federal Way City Hall 33530 1st Way So. Federal Way> WA 98003 re: lteii¢ Meadow~ FW~IE #00-21 (00-100318-00SU) Keller FWHE #00-22 SUB 98-0008 (98-103945-00-SU) Council members: ! read in the Hearings Examiner's report regarding the proposed devleopments north ofRosella l~ane that both the Hearings Examiner and fne developer are recommending traffic mitigation measures on 18th SW once it's open to through traffic into the new neighborhoods~ I think the best mitigation measure is to not open the road. In the conclusions of the report, the Heatings Examiner cites traffic engineering reports from the city and the developer that find Rosella Lane residents will use the opened road more than Keller and Belle Meadow residents will. It's easy to say that now; there's no one north of us to ask just yet. I am not convinced the engineers have it right. For instance, If I am going north -- to Fred Meyer or the Post Office -- I am going to go down to take 2 l st where I can drive 35 mph and will get there a lot faster than if I cut through the new neighborhoods -- unless you want me to go 35 through Keller and Belle Meadows ... I'm sure our future neighbors in those developments won't want me to. The Heatings Examiner finds that opening 18th meets with the city's growth plans of connecting streets to help move traffic across the city, Isn't that what we have ~arterials for? If-I wanted to live on an arterial I would have bought a home on 21st or SW 348th. Connecting streets look great to traffic engineers, I suppose there are no quiet cul-de-sacs or pea~fut d~d_en~ in their neighborhoods, Rosella Lane may just be a street on a map to them, but it's where I live and I chose not to live in a neighborhood with connecting streets -- a choice many of my neighbors made ,as well. I don't think your connecting struts policy has to be an absolute, Like _.any re~onably enforced ordinance or policy, it should be enforced with discretion. You have that discretion. So before the traffic engineers make up your minds -- like they have for us -- why not leave 18th stubbed out on both sides until the new neighborhoods fill in a little? Then come out and do another traffic study when you can get a better picture of how people are using the streets in all the neighborhoods there and then decide if you really need to open up 18th, Thanks. CORRESPONDENCE RECEIVED ON SITE SPECIFIC REQUEST #3 - CARTLAND  PRINCIPALS: GEOFFREY HOOSDON, P.E., S.E. ALLAN E. BESSETTE, P.E., S.E. GEORGE .'. ',NDSAV. SEAN M. COMFORT, P.E. PAUL B. McCORMICK, P.E., S.E. DOREEN $. GAVIN, P.E. THOMAS R. HICKS, P.E., S.E. LEN ZICKLER, AICP, ALSA · September 15, 2000 ASSOC,A~S: DANIEL S. SOOTH, P.E., S.E. JAMES R. CARLSEN, P.E. Ms. Margaret Clark Senior Planner City of Federal Way 33530 - 1~ Way South Federal Way, WA 98003 Project: Cartland-Federal Way Comprehensive Plan Amendment, Our File No. 99351.31 Subject: Request for Reconsideration of the Federal Way City Council's Land Use/Transportation Committee Decision of September 1, 2000 Dear Margaret: I am writing to request reconsideration of the decision by the City Council's Land Use/Transportation Committee (LUTC) on September 11, 2000, to not proceed with further analysis of the 2000 Comprehensive Plan Update Site Specific Request//3. We contend that the city did not grant our request the appropriate level of review and that the special nature of the area was ignored. Additionally, because we did not receive the staff report until late afternoon on Thursday September 7, 2000, and not all of the property owners who were a part of the amendment received proper notice of meeting from the city, we lacked sufficient time to prepare for the LUTC meeting. The suggestion made at the September 11, 2000, LUTC meeting, that this particular Comprehensive Plan amendment will set a citywide precedent for changing the comprehensive plan designation from residential use to commercial use in those areas adjacent to Interstate 5 was inaccurate. We believe this denies the special nature of this ske, Which is next to an Interstate 5 overpass of Military Road South. Unlike most existing residential areas adjacent to Interstate 5, in this particular instance there is no way to mitigate the noise impacts of the freeway through noise attenuation walls or landscape buffering. Due to the high ambient noise levels generated by the freeway at the site, it would be very difficult for any developer to afford to build single-family homes in this area with the level of noise reduction required to just hold a normal conversation. Additionally, Military Road is a minor arterial and according to the Transportation Element of the city's Comprehensive Plan such a road classification is unsuitable for providing access to single family residential homes. ...... ~ RECEIVED BY ~N~ DEVELOP~NT ~=PA~TMENT SEP 2 1 2000 2215 NORTH 30q'H STREET SurrE 300 TACOMA, WA 98403 P~ (253) 383-2422 FAX (253) 383-2572 ahbUnc~ix.netcom.com September 18, 2000 Page 2 We believe that additional study by the city is warranted before a final decision can be made regarding our proposed amendment. Please call me at (253) 383-2422, if you have any questions or need additional information. Sincerely, Brad Medmd, AICP Land Use Planner c. Linda Peterson, Pat's plumbing Robert Robinson Vilma Taylor, Vilma's Signs Allan Woida Len Zickler, AICP, ASLA; AHBL, Inc. clark09.180 HBL October 11, 2000 Federal Way City Council 33530 First Way South P.O. Box 9718 Federal Way, WA 98063-9718 Dear Council Members, I am writing to express~my opposition to the request from Roger Cartland and four other property owners for rezoning of their property to Community Business. These properties are located south of 304th on Military Road. I do not object to the rezoning of the properties on the east side of Military Road, but do object to rezoning those on the west side of Military Road. .. These properties border my property and will adversely affect the value of my property. There are many locations for businesses in Federal Way, but there are fewer residential properties the size of mine, which is approximately one half an acre. The size of the lot makes this a more desirable piece of property. If businesses locate on the other side of my fence it will detract from the value of my property. When Cartland changed from the alarm company several years ago, they negatively impacted the neighbors west of them. They did not provide the plant buffer they told the neighbors they would and the business lights adversely affected the homeowners. This information was shared with me by the neighbors who were living there at the time and not happy with the changes that had occurred. I chose this location 25 years ago because of the size of the lot and the location in a residential area. I strongly feel this area west of Military Road needs to remain residential; not commercial. Sincerely, ~__ ¢ ~ Anita Koehler so. Federal Way, WA 98003-4802  U.S. GENERAL SERVICES ADMINISTRATION Darlene L. Parks / Business Management Specialist Management Services Center 400 - 15th Street SW Telephone: (253) 931-7540 Auburn, WA 98001 Fax: (253) 931-7544 E-maih darlene.parks@gsa.gov GSA Advantage!TM · An On-Line Shopping Service www. fss.gsa.gov ' ' s eak I also u~ersta~ the Ma r I ~demt~ I ha~ a ~min~e time limit to ~ . m. mtermpt any citiZen whose comments continue too long, relate negati~ly to other ~ivi~als, or are othe~ise inappropriate. AGE~A I~M ~/OR ISS~: ~ S~PORT ~ OPPOSITION . ~ ~ L~U OF SPE~G, I ~Q~ST T~ ~yOR ~ MY CO~~S ~TO T~ ~CO~ Any wjitten commen~: PLEASE COMPLETE SIGN-UP SHEET AND PRESENT TO THE CITY CLERK PRIOR TO SPEAKING K:\CLERK~SIGNUP.SHEET From: David Moseley To: Chris Green Date: 10~2~00 5:16PM Subject: Re: fyi Thanks Chris. >>> Chris Green 10/02/00 05:15PM >>> I talked with Caroline Powers (sp?), one of the breast cancer survivors who climbed Mt Rainier recently....the group (including 2 FW ladies) hopes to attend tomorrow night's council meeting to talk about breast cancer survivor month. We talked about a proclamation as well, but they just want to come and talk to everyone .... and was pleased when I mentioned the live broadcast! I did alert the Mayor as well! Page 1 of 2 THE WHITE HOUSE Office of the Press Secretary For Immediate Release October 1, 1997 NATIONAL BREAST CANCER AWARENESS MONTH, 1997 BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION Every year we dedicate the month of October to focus on breast cancer and to reaffirm our national commitment to eradicate it. But for thousands of American women and their families and friends, breast cancer is a devastating reality that casts a shadow over their lives every day. In this decade alone, nearly half a million women will die of breast cancer, and more than 1.5 million new cases of the disease will be diagnosed. Our greatest weapon in the crusade against breast cancer is knowledge; knowledge of its causes and knowledge about prevention and treatment. My Administration has established a National Action Plan on Breast Cancer to unite organizations across the country in a collaborative effort to find out more about the disease and how best to respond to it. The Department of Health and Human Services is taking the lead in this national effort, through education and research at the National Cancer Institute and the Agency for Health Care Policy and Research; through nationwide screening and detection programs at the Centers for Disease Control and Prevention; through certification of mammography facilities by the Food and Drug Administration; through prevention services and treatment by health benefit programs such as Medicare and Medicaid; and through increased access to clinical treatment trials for cancer patients who are beneficiaries in Department of Defense and Department of Veterans Affairs programs. The Department of Defense has also initiated a breast cancer research program to reduce the incidence of breast cancer, increase survival rates, and improve the quality of life for women diagnosed with the disease. We can be proud of the progress we have made. One of the most promising recent research achievements is our increased understanding of the role of genetics in the cancer process. We have learned that cancer is a disease of altered genes and altered gene function, and research into the relationship between breast cancer and genes is helping us to better understand the basis of the disease. However, we must ensure that progress in genetic information is used only to advance and to improve the Nation's health -- not as a basis for discrimination. That is why this year I have urged the Congress to pass a law that prevents health insurance plans from discriminating against individuals on the basis of genetic information. High-quality mammography has al.so proved to be a powerfully effective tool in the effort to detect breast cancer in its earliest, most treatable stage. The National Cancer Institute, the American Cancer Society, and many other professional organizations agree that women in nttp;//ot~I~.O~'~cyo~I'.~wtme.~nupo/t~//ocup~'~uu]~ lUtllUU Page 2 of 2 their forties benefit from mammography screening, and earlier this year I was pleased to sign legislation that will help Medicare beneficiaries with cost-sharing for annual screening mammograms. The First Lady has also launched an annual campaign to encourage older women to use the Medicare mammography screening benefits. We have real cause for celebration during National Breast Cancer Awareness Month this year: recent data show that the breast cancer rate for American women is declining. Heartened by this knowledge, let us reaffirm our commitment to the crusade against breast cancer. Let us ensure that all women know about the dangers of breast cancer, are informed about the lifesaving potential of early detection, receive recommended screening services, and have access to health care services and information. Let us continue to move research forward to improve treatments and find a cure for this disease. Working together, we can look forward to the day when our mothers, wives, daughters, sisters, and friends can live long, healthy lives, free from the specter of breast cancer. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim October 1997 as National Breast Cancer Awareness Month. I call upon government officials, businesses, communities, health care professionals, educators, volunteers, and all the people of the United States to reflect on the progress we have made in advancing our knowledge about breast cancer and to publicly reaffirm our national commitment to controlling and curing this disease. IN WITNESS WHEREOF, I have hereunto set my hand this first day of October, in the year of our Lord nineteen hundred and ninety-seven, and of the Independence of the United States of America the two hundred and twenty-second. WILLIAM J. CLINTON llttpi//Olt;ll. Ol'g/{gyOI$I. StOl'V/tt$1t~li~IIb'pO/I YY I / O~U pI' l ~Y I I sdu 1 K I sd/IlUU 10/03/2000 17:50 OZ~/05 Page 1 of 2 BREAST CANCER AWARENESS MONTH BREAST CANCER is the leading cancer diagnosed in women in America. THIS year more than 180,000 women will learn for the first time that they have breast cancer. More than 40,000 women will lose their lives so this disease. IN 1998, 300 Wyoming women are predicted to be diagnosed with breast cancer, and 100 are estimated to die from this disease. EARLY detection is the key to helping prevent breast cancer. ~, SCREENING for breast cancer includes mammography, examination by a health care provider, and <" monthly breast self examination. THE survival rate is highest when breast cancer is diagnosed in the earliest, most treatable stages. FOR TH-ESE SIGNIFICANT REASONS, I, JIM GERINGER, Governor of the State of Wyoming, do hereby proclaim October 1998, to be "BREAST CANCER AWARENESS MONTH" and further proclaim October 10th, 1998, to be 'MAMMOGRAPHY DAY" IN WITNESS WI~REOF' I have hereunto set my hand and caused the Great Seal of the State of Wyoming to be 'affixed this 15th, day of September, 1998. Governor ATTEST: Secretary of State Governor's Or'ce Wyoming State Capitol Cheyenne, WY 82002 h.. , .. Document LrRL: ttP.//www.smte.wy, us/gover~n, or/press releases/execorderr/~998/breast cancer, html L~st Modified. Friday,~3-Aug-1999 16:3S.17 MDT - Com_._me.n_~ on tbls'Service. ~ItLp~//~w~t~t~y~s/~v~r~I~/p~e~-r~e~a~+~v~A~pc~r~/~r~a~t I;itllt~l'.flLllU IU/IIUU 100~ October 17, 2000 Donna Smith 1814 SW 347th P1 Federal Way, WA 98023 253-815-8156 Federal Way City Council: Prevention is always easier than fixing an existing problem. Opening 18th Ave. SW is unnecesary, unwanted and will only create problems. Sadly, the problems are only attended to after a tragedy -- a tragedy such as the death ofa Kirkland youth, runover in a crosswalk last week. I grew up one block from where that boy was killed. I watched as the area grew and my street was widened to connect with Juanita-Woodinville Rd (the street on which the boy died). I watched how the traffic in front of my home increased dramatically. I watched how the traffic speeds increased. Although, the legal speed limit was not raised from 25 mph, it was common to see and hear cars zoom by at 40- 50 mph. Our street became a shortcut to Juanita-Woodinville Rd. Along with the access to that major thoroughfare came an increase in crime. It went from a very quiet, low crime neighborhood, to one that had problems with car prowls and vandalism. Suddenly, cars parked in their owner's driveways, or on the street in front of their homes, ran a risk of having their windows smashed. Certainly, the quick getaway that the connection to Juanita-Woodinville provided was a catalyst to the increased crime. Children stopped walking to the elementary school one block away because the road had become so busy. I see the same future for our neighborhood if 18th Ave SW is opened. It is the same scenario and destined for trouble. Let's learn from the mistakes of other communities and prevent the problems. Federal Way is not a pedestrian friendly city. it never will be. it's too late t%r that. The best we can hope for is that our neighborhood streets remain safe. Our neighborhood is full of children who are school-age and younger. Everyone on our street knows that. And because of that fact i would say that speeds rarely top 20 mph. Opening 18th SW will destroy that. Connecting streets unwittingly turn residential streets into arterials and shorcuts they were never meant to be. Speeders, accidents and crime increase. We've seen it before. We have our major arterials to handle the higher speeds and traffic. Let our neighborhood remain safe. Had I known while house-hunting three years ago that 18th SW would be opened, i would have looked elsewhere. dVlAI 9V=IblV ':::IAI.LISN'::IS ' AVAA 9Vbl3(33-1 _.-I0 ,K..LIO October 7, 2000 Federal Way City Councilmembers, We are submitting this petition to state our objection to the request from Bessie Danilchik to change the comprehensive plan and zoning of approximately 22 acres located north of South 304th Street and east of Pacific Highway South from Single Family High Density Residential (RS 7.2 and RS 5.0) and Multifamily Residential (RM 1800) to Multifamily (RM 2400). We oppose this change on several points, including: · A Category I wetland (the most sensitive type), Redondo Creek, runs through this property. Redondo Creek continues through Des Moines, emptying into Puget Sound, and is home to two types of salmon, according to the 1996 Redondo Creek Water Quality Report by the Puget Soundkeeper Alliance. According to the 1991 Hylebos Creek and Lower Puget Sound Basin Plan, some areas of Redondo Creek have experienced high concentrations of metals (copper and zinc) during storm events as well as a strong oil/grease sheen observed during sampling events. The 1991 plan recommends conducting a $21,683 study to identify contributors of pollutants to the stream. This study has not been done. We urge the council to deny this proposed rezone for apartments, as it would add more impervious surface, likely to contribute to the runoffinto Redondo Creek that contains oil, grease and metals. Any rezone of property that would impact this creek should not be considered until water quality studies are completed. · The topography of this property does not lend itself to building apartments, which would create more impervious surface, contributing to runoff. An erosion hazard area runs through the middle of this property (see City of Federal Way sensitive areas map). Parts of this erosion control area overlap with Redondo Creek. · Apartments also would increase the concerns about traffic on S. 304th Street and its intersections. Counts already are high at peak times at three intersections along 304th (304th and Pacific Highway South, 304th and Military Road South, 304th and 28th Ave. S). People trying to turn onto 304th from 28th Ave. S. sometimes are backed almost all the way up to 312th Street (near Steel Lake Park) at peak times. Military Road, both north and southbound, also gets clogged with those attempting to turn onto 304th. And people trying to turn from 304th onto Pacific Highway South must often wait through three lights. In addition, residents have expressed concern about the number of people who speed down 304th Street daily. Putting apartments on the corner of 304th and Pacific Highway South, behind the businesses that face the highway, would contribute to these problems. · This property abuts single-family residential neighborhoods (mostly RS 7.2). Placing apartments next to these existing homes would degrade the character and quality of the neighborhoods. Also, with the 200-foot setback required from the Category 1 wetland (Redondo Creek), as well as setbacks from the erosion hazard area, there would be little room, if any, for a buffer between the apartments and the residential neighborhoods. · The 22 acres in the proposal are just outside the city's downtown flame and core, which are set to absorb one- fourth of the city's new housing by 2013. It does not make sense to add more apartments just outside of this area. This area of the city is already set to absorb its fair share of the new housing- and the traffic and other headaches that can come with it. We urge you not to impact these neighborhoods further. We urge yo.u/~ deny this proposed rezone for the above reasons. Thank you for your consideration.