Council PKT 11-21-2000 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
November 21, 2000
AGENDA
FEDERAL WAY CITY COUNCIL
Regular Meeting
Council Chambers - City Hall
November 21, 2000
(www. ci.federal-way, wa. us)
I. CALL MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. PRESENTATIONS
a. SPIRIT Award/Month of November
b. City Manager/Introduction of New City Employees
c. 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 recogniged 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 comtnents that continue too long, relate negatively to other
individuals, or are otherwise inappropriate.
V. CONSENT AGENDA
(Items listed below have been previously reviewed by a Council Committee of three members and brought
before full Council for approval; all items will be enacted by one motion; individual items may be removed by
a Councilmemberfor separate discussion and subsequent motion.)
a. Minutes/November 7, 2000 Regular Meeting
b. 2001-02 Human Services Funding Recommendations
c. Set Public Hearing/So 298th St Vacation/Resolution
d. Silverwood Preliminary Plat~Resolution
e. Rosewood Lane Preliminary Plat~Resolution
f. Seeking Equity in Aircraft Departures from SeaTac Airport/Resolution
g. 11"' P1 So Drainage Improvement/Final Project Acceptance
h. Cops More 1998 Award/Supplement #1
i. Janitorial Services Agreement Amendment
j. Uniform Dry Cleaning Agreement Amendment
over please...
VI. PUBLIC HEARING
Quit Claim Deed for Applewood Plat Tract 'A
- Staff Report
- Citizen Comment (please limit to 3 minutes per person)
City Council Deliberation
Resolution
VII. CITY COUNCIL BUSINESS
a. Council Bill//256/2001-02 Biennial BudgetlEnactment Ordinance.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO BUDGETS AND FINANCE, ADOPTING THE 2001-02
BIENNIAL BUDGET.
b. Council Bill//257/2001 Property Tax Rate/Encictment Ordinance. ~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR 2001.
VIII. INTRODUCTION ORDINANCE
Council Bill #258/Adult Uses Code Amendment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
· · WASHINGTON, AMENDING CHAPTER 22 OF THE FEDERAL WAY ZONING CODE,
ADOPTING SPECIFIC AMENDMENTS TO THE ADULT USE REGULATIONS.
IX. CITY COUNCIL REPORTS
X. CITY MANAGER REPORT
XI. EXECUTIVE SESSION .
Potential Litigation/Pursuant to RCW 42.30.110(1)(i)
)(II. 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 DETA1LED ITEMS ON THE CONFERENCE TABLE AT THE BACKOF COUNCIL CHAMBERS
MEETING DATE: November 21, 2000 ITEM#
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 November 7, 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 COUNCil,, n
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: ICO VER. CLERK- 1/7/00
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
November 7, 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
7:03 p.m.
Councilmembers present: Mayor Mike Park, Deputy Mayor Linda Kochmar, Councilmembers
Jeanne Burbidge, Mary Gates, Dean McColgan, Michael Hellickson, and Phil Watkins.
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
Jr Girl Scout Troop #1773
III. PRESENTATIONS
a. City Manager/Introduction of New City Employees
City Manager David Moseley introduced and welcomed the new Combination Building/Electrical
Inspector, Greg Kinney; the new Court Clerk I, Kelley Brady; and the new Development
Specialist, Grace Skidmore.
b. City Manager/Emerging Issues
City Manager David Moseley announced there were no emerging issues.
IV. CITIZEN COMMENT
H David Kaplan, spoke in remembrance of Margaret Ward who lost her battle with Cancer on
October 13th. He noted she was a valued member of the community, and will be missed by many.
Prakash Meloot, spoke on behalf of the Diversity Coml-nission, thanked the Council for the
continued support and encouragement, noting the ambitious work plan on tonight's Consent
Agenda.
Federal Way City Council Regular Meeting Minutes
November 7, 2000 - Page 2
Donna Welch, spoke on behalf of the Arts Commission, thanking Council for their support,and
extended an invitation to the reception for the juried art show, Thursday, November 9th, in
Council Chambers.
V. CONSENT AGENDA
a. Minutes/October 17, 2000 Regular Meeting - Approved
b. Vouchers - Approved
c. Monthly Financial Report/Month of September - Approved
d. Council Bill #255/Disposition of Confiscated & Forfeited Firearms/Creating New
Code Section/Enactment Ordinance - Approved Ordinance #00-376
e. Skate Park Construction Drawings/90% Completion - Approved
f. 2000-2001 Youth Commission Work Plan - Approved
g. Local Hazardous Waste Management Program/Service Equity & Related Grant
Programs - Approved
h. Hylebos Creek Restoration & Land Acquisition Plan - Approved
i. Jackson 10% Intent to Annex Petition~ - Approved
j. Diversity Commission Business Plan - Approved
- k. Sanitary. Sewer V~_.~ement Across Storm Drainage Tract A of the Plat of Nine Firs -
Approved
DEPUTY MAYOR KOCHMAR MOVED APPROVAL OF THE CONSENT AGENDA AS
PRESENTED; COUNCILMEMBER MCCOLGAN SECOND. The motion passed as follows:
Burbidge yes McColgan yes
Gates yes Park yes
Hellickson yes Watki n s yes
Kochmar yes
VI. PUBLIC HEARINGS
a. Disposal of So 312th St Drainage Easement
Mayor Park read into the record the procedures to be followed for the public hearing and opened
the heating at 7:16 p.m.
- Staff Report
Public Works Department Deputy Director Ken Miller briefed Council on the requested S. 312th
_ Drainage Easement Vacation. He stated the initial design of S. 312th Street in 1996 had included a
drainage vault where the City purchased twelve feet of right of way, a ten-foot utility easement
and a 1,845.19 square foot drainage easement. After a detailed review, a second alternative was
developed, which would take the drainage down Pacific Highway South to connect at S. 314th
Street. Once the project was bid, it was determined the second option would be most viable.
Federal Way City Council Regular Meeting Minutes
November 7, 2000 - Page 3
Therefore, since the easement is no longer required, and will not be needed in the future, the
property owner is requesting to purchase the easement back from the City at the City's original
cost of $4,797.49.
- Citizen Comment
Heating no comments, Mayor Park closed the Public Hearing at 7:20 p.m.
- City Council Deliberation
Councilmember Gates asked for clarification as to the number of easements associated with this
parcel. Mr. Miller stated there are two easements for this parcel, however they are only requesting
to release the one easement that was purchased for the drainage vault.
Release of Drainage Easement/Resolution- Approved Resolution #00-326
COUNCILMEMBER WATKINS MOVED APPROVAL OF THE RESOLUTION FOR
VACATING THE 1,845.19 SQUARE FOOT DRAINAGE ON THE OLD METROPOLITAN
BANK PROPERTY, SUBJECT TO THE REIMBURSEMENT TO THE CITY OF
$4,797.49; COUNCILMEMBER MCCOLGAN SECOND. The motion passed as follows:
Burbidge yes McColgan yes
Gates yes Park yes
Hellickson yes Watkins yes
Kochmar yes
b. 2001-02 Proposed Biennial Budget & Property Tax Rate
(Required by RCW 35A.34)
Mayor Park read into the record the procedures to be followed for the public hearing and opened
the heating at 7:22 p.m.
- O t.~l.l I I- 1 ~;~3[2:;11 tO_ t. IU 11
- Citizen Comment
Joann Piquette spoke in support of funding for the Arts in this proposed budget, noting in the last
budget cycles the arts programs had been cut drastically.
John Leskovar spoke to his concerns regarding funding for the Public Safety Department, noting
he would like to see more officers and a possible K-9 unit.
Federal Way City Council Regular Meeting Minutes
November 7, 2000 - Page 4
Barbara Reid spoke in support of funding for the arts in this proposed budget, outlining the
importance of arts in our the community.
Hearing no additional comments, Mayor Park closed the public hearing at 7:29 p.m.
VII. INTRODUCTION ORDINANCES
a. Council Bill//256/2001-02 Biennial Budget
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE,
ADOPTING THE 2001-02 BIENNIAL BUDGET.
COUNCILMEMBER GATES MOVED COUNCIL BILL//256/2001-02 BIENNIAL
BUDGET TO SECOND READING/ENACTMENT AT THE NEXT REGULAR COUNCIL
MEETING ON NOVEMBER 21, 2000, NOTING THIS COUNCIL BILL WILL BE
DISCUSSED FURTHER AT THE NOVEMBER 14, 2000, SPECIAL BUDGET MEETING;
COUNCILMEMBER BURBIDGE SECOND. The motion passed as follows:
Burbidge yes McColgan yes
Gates yes Park yes
Hellickson yes Watkins yes
Kochmar yes
b. Council Bill #257/2001 Property Tax Rate
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, FIXING THE PROPERTY TAX AMOUNT FOR THE
YEAR 2001.
DEPUTY MAYOR KOCHMAR MOVED COUNCIL BILL #257/2001 PROPERTY TAX
RATE TO SECOND READING/ENACTMENT AT THE NEXT REGULAR COUNCIL
MEETING ON NOVEMBER 21,2000, DELETING ALL REFERENCES TO THE
PERCENTAGES AND FIGURES WHICH REFLECT THE LIMIT FACTOR, THE
ASSESSED VALUE AND THE LEVY AMOUNT UNTIL THE ACTUAL RATE IS
ESTABLISHED DURING BUDGET DELIBERATIONS; COUNCILMEMBER WATKINS
SECOND. The motion passed as follows:
Burbidge yes McColgan yes
Gates yes Park yes
Hellickson yes Watkins yes
Kochmar yes
VIII. CITY COUNCIL BUSINESS
Planning Commission Appointments
Federal Way City Council Regular Meeting Minutes
November 7, 2000 - Page 5
Councilmember Watkins noted earlier this evening the Council held interviews for the open
Planning Commission appointments.
COLINCILMEMBER WATKINS MOVED APPROVAL OF THE FOLLOWING 4-YEAR
COMMISSIONER APPOINTMENTS TO THE PLANNING COMMISSION; WILLIAM
DRAKE, NESBIA LOPES AND DAVE OSAKI; ALTERNATE,4-YEAR APPOINTMENT
OF DINI DUCLOS; COUNCILMEMBER BURBIDGE SECOND. The motion passed as
follows:
Burbidge yes McColgan yes
Gates yes Park yes
Hellickson yes Watkins yes
Kochmar yes
IX. CITY COUNCIL REPORTS
Councilmember Gates reminded Council the Suburban Cities Association appointments are up for
consideration again and the need to apply to the various committees; she also updated Council on
various issues including Sound Transit, Puget Sound Regional Council, and the Regional Transit
Committee.
Councilmember Burbidge announced the next meeting of the Parks/Recreation/Human Services/
Public Safety Committee will be Monday, November 13th, at 12:00 p.m.; she updated Council on
her attendance at the Regional Law, Safety & Justice Committee, and the Awards program that
recognized the local Hylebos Stream Team; she noted Centerstage is currently showing
"Greetings" through November 18th at the Knutzen Family Theatre.
Councilmember Hellickson announced the upcoming Food Bank Benefit for the Multi Service
Center, which will be held at 6:30 p.m.,December 16th, at the King County Aquatics Center.
Councilmember Watkins stated the Land Use/Transportation Committee will be taking a bus tour
Monday, November 13t~, at 2:00 p.m., to local communities to view examples of cluster
subdivisions.., anyone wishing to attend should contact Kathy McClung. He announced the next
regular meeting of the Land Use/Transportation Committee will be Monday, November 20'h, at
5:30 p.m., in Council Chambers. He expressed his appreciation to Bob Vaughan for his seven
years of service and dedication as a Planning Commissioner.
Councilmember McColgan noted he welcomed the Washington Parks and Recreation Association
at the King County Aquatics Center, where he received a number of positive comments on the
Aquatics Center and Celebration Park.
Deputy Mayor Kochmar recognized Councilmember Gates tbr her work in dedicating funds from
Sound Transit to fund the proposed Federal Way Transit Center; she also explained the goals and
objectives of the Regional Policy Committee and the Airport Communities Coalition.
- Federal Way City Council Regular Meeting Minutes
November 7, 2000 - Page 6
Mayor Park noted his attendance at a recent funeral for a family friend who tragically died
recently; he reaffirmed his commitment to public safety as the number one issue for the Council.
X. CITY MANAGER REPORT
City Manager David Moseley updated Council on the Director search for Community
Development and the Public Safety Department. He noted the Public Safety Director search is
approximately two to three weeks ahead, and have narrowed the applicants down to sixteen
candidates, where the finalist will come to city hall for community involvement in the first week
of December. He also noted the Community Development Director search has narrowed the
applicants from seventy-four to twenty-three, and a supplemental questionnaire has be mailed out
to each candidate and due-back by mid-December, with final interviews tentatively scheduled for
after the first of the year, and added he was pleased with the caliber of the applicants who have
applied for each position.
Mr. Moseley updated Council on the status of the public works projects that are currently
underway. He noted the SeaTac Mall Stormwater Drainage is making good progress, with
construction crossing S. 320th St in the next few days; he added a portion of the new sidewalk has
been laid at the intersection of SR99 and S. 320a~ St., which is a good indicator as to the size of
the intersection; new traffic signal will soon be installed on SR99 and 33ffh St.
He announced the upcoming special budget meeting for Council deliberation on the proposed
budget, to be held in Council Chambers, November 14th, at 5:30 p.m.
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), and property acquisition pursuant to RCW
42.30.110(1)(b); it will last approximately fifteen minutes, with possible action.
XI. EXECUTIVE SESSION
a. Potential Litigation/Pursuant to RCW 42.30.110(1) (i)
b. Property Acquisition/Pursuant to RCW 42.30.110(1)(b)
At 7:55 p.m. Mayor Park announced Council will be recessing to an executive session for
approximately fifteen minutes, with action possible.
Council returned to Chambers at 8:15 p.m.
COUNCILMEMBER WATKINS MOVED TO DIRECT AND AUTHORIZE THE CITY
MANAGER TO ENTER INTO ANY NECESSARY PURCHASE DOCUMENTS FOR THE
ACQUISITION OF REAL PROPERTIES REQUIRED BY THE CITY IN CONNECTION
WITH THE PACIFIC HIGHWAY SOUTH HOV LANES PHASE I (S. 312TM TO S. 324TM)
STREET IMPROVEMENT PROJECT FOR FAIR MARKET VALUE, AS DETERMINED
Federal Way City Council Regular Meeting Minutes
November 7, 2000 - Page 7
BY APPRAISALS, AND DIRECT THE CITY ATTORNEY TO CLOSE THE
TRANSACTIONS. THE PROPERTIES TO BE ACQUIRED AS PART OF PHASE I ARE
LISTED IN ATTACHMENT "A" HERETO; COUNCILMEMEBER HELLICKSON
SECOND. The motion passed as follows:
Burbidge yes McColgan yes
Gates yes Park yes
Hellickson yes Watkins yes
Kochmar yes
XII. ADJOURNMENT
There being no further business to come before the Federal Way City Council, Mayor Park
adjourned the regular meeting at 8:19 p.m.
Stephanie D. Courtney
Deputy City Clerk
Pacific Highway South HOV Lanes Phase 1 - S. 312th to S. 324th
Right of Way Status Summary ]~[]~D~B[r~
Tax Identification
Owner Name Business Name
Number
0921049241 Puget Sound Energy ! Electric PSE SubStation
0921049164 Chevron Services Co. Chevron
7853600186 FFCA/IPI 1985 Property Co. Jack In The Box
0821049060 US Bank of Washington US Bank
0921049255 Forbes, Roger H and Concentric, Inc. Deja Vu
7853600185 House of Shogun, Inc. Shogun Restaurant
7853600200 N.A. Properties Limited Partnership Go(Jdwill
Four
1500500110 Harsch Investment Properties, LLC !Ross Plaza
1500500130 Harsch Investment Properties, LLC Bank of America
0921049208 SeaTac Village, LLC; Kurtzman S. 318th (SeaTac Village Driveway)
Properties, LLC: R. Poplawski, LLC
0921049109 Thinh Nguyen and Gam T. Pham Cyber Bear
0821049062 American Stores Properties, Inc. Rite Aid
0921049110 F~obert Shin and Myung Shin Bar/Barber
0921049252 Chong Nam Yi and Young Suk Yi ^kasaka Restaurant
0921049248 Equilon Enterprises, LLC Texaco
0821049228 Gae Janine Reid Village Inn Pancake House
7622400010 Connecticut General Mortgage & Seatac Mall
Realty Investments
1500500120 Harsch Investment Properties, LLC Coco's
0821049077 Harsch Investment Properties, LLC Arbys
0921049046 Dana Plaza, LLC Caf~ Indochine
0921049223 Dana Plaza, LLC Indochine Seafood and Satay Bar
0921049286 Dana Plaza, LLC Discount Tire
0921049294 Clairmont Hotels, LLC Clairmont Hotel
0921049113 Hossfeld, et al. Genghis Khan Grill and Bar
1500500090 KC Investments, LLC Washington State Bank
0821049237 Harsch Investment Properties, LLC China House
0821049264 Harsch Investment Properties, LLC Goodyear
0921049159
0921049200 Estate of Ilene I Marckx and Algie -
0921049256 Martinson, Trustee of the Credit iSchuck's Auto / Baskin Robbins
0921049257 Shelter Trust U/W Francis Marckx
0921049258
7622400015 Sears, Roebuck and Company Sears
Federal Way Plaza/Dunkin' Donuts
0921049221 Sea-Tac Center Associates
/ Misc.
0921049292 Waldman, Stephen and Wendy Taco Bell
Schuck's Auto Supply (old Al's
1500500150 Larkspur Center Investors
Auto)
0921049118 Woelfl, et al. Car Toys / Sleep Country
0921049129 Steven S. and Holly A. Haney Elephant Car Wash
1500500100 ,Harsch Investment Properties, LLC Olympic Sporting Goods (old)
Right of way appraisal tracking
I
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: 2001-02 HUMAN SERVICES GENERAL FUNDING
RECOMMENDATIONS
CATEGORY: BUDGET IMPACT: None
X CONSENT RESQLUTION Amount Budgeted: $412,500/$412,500
ORDINANCE __STAFF REPORT Expenditure Amt: $
BUSINESS PROCLAMATION Contingency Reqd: $
HEARING STUDY SESSION
FYI OTHER
ATTACHMENTS: 1) Memo to the City Council regarding proposed changes made to the funding
recommendations, with a chart summarizing the changes (Plan C), 2) Memo to the Parks, Recreation, Human
Services, and Public Safety (PRHSPS) Council Committee. This includes an overview of the Human Services
Commission's recommendations, a summary chart listing each proposal and recommended funding levels, a
contingency plan, detail on the recommendations, human services goals and strategies from the Human Services
Comprehensive Plan, and application review criteria.
SUMMARY/BACKGROUND: The Human Services Commission reviewed and evaluated 47 applications for
Human Services General Funds. The Commission developed two plans for the Council's consideration. Plan A
provides for $451,500 of services, and Plan B provides for $400,000 of services. The Commission also prepared a
contingency plan, which outlines priorities if the Human Services Fund is increased or decreased. The
recommendations address Council goals as outlined in the Human Services Comprehensive Plan, allocate a
minimum of 37% of human service general funding to Goal I (Basic Needs), present a plan that funds a continuum
of services for Federal Way residents, and funds several new innovative projects.
CITY COUNCIL COMMITTEE RECOMMENDATION: On November 13, 2000, the Parks, Recreation,
Human Services, and Public Safety Committee (PRHSPS) reviewed the 2001-02 Human Services General Funding
Recommendations. The Committee did not take action at that meeting, but continued their review of the
recommendations. At the November 14, 2000 special budget meeting, the PRHSPS Committee presented their
recommendations for 2001-02 Human Services Funding, totaling $408,000 to the full City Council. The City
Council reviewed the recommendations and made several changes, which included adding $4,500, for a new
recommended total of $412,500 (Plan C).
CITY MANAGER RECOMMENDATION: Motion to approve the Council Committee's recommendations with
the amendments made by the Council during the budget discussions for a total of $412,500 Human Services
Funding for the 2001-02 biennium (Plan C).
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 #
G:\CLERK~GENDA.BIL
CiTY OF~
33530 1st Way South (253) 661-4000
PO Box 9718 Federal Way, WA 98063-9718
MEMORANDUM
DATE: November 15, 2000
TO: Mayor and City Council Members
FROM: Ann Guenther, Human Services Manager ~
SUBJECT: 2001-02 Human Services General Funding Recommendations
At their November 13, 2000 meeting, the Parks, Recreation, Human Services and
Public Safety (PRHSPS) Committee reviewed the Human Services Commission's
recommendations for 2001-02 Human Services General Funds. The Committee did not
take action at that meeting, but continued their review of the recommendations. At the
November 14, 2000 special budget meeting, the PRHSPS Council Committee
presented their recommendations for 2001-02 Human Services Funding, totaling
$408,000 to the full City Council. ~
The City Council reviewed the recommendations and made several changes, which
included adding $4,500, for a new recommended total of $412,500. The Council also
agreed that the Human Services General Fund base would remain at $400,000, with the
$12,500 designated as one-time funding for the 2001-02 biennium.
Attached is a revised summary chart of the funding recommendations, with a new
column on the far right side (Plan C), which shows the allocation levels for each
program as discussed by the Council at the November 14, 2000 budget meeting. This
column includes the PRHSPS Committee's recommendations and the additional
$12,500 in allocations that were discussed at'that meeting. The City Council will take
action on these recommendations at the November 21, 2000 Council meeting.
If you have any questions about the recommendations, please call me at (253) 661-
4039 or e-mail me at ann.guenther@ci.federal-way.wa.us.
K:\cdhs~001-02allocations\ccmeml 114changes
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CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE
Date: October 27, 2000
From: Eric Olsen, ~~an Services Commission
Via: David Moseley,~{~z~r I~l~l~nager
Subject: 2001-02 Human~ervic(.~s General Funding Recommendations
Background
The Human Services Commission is pleased to present the Human Services Funding
Recommendations for 20(~1-02. The Council Committee is asked to review the funding
recommendations and forward them to the full City Council for final approval. Attachments
include: 1) Recommendation Summary Chart, 2) Contingency Plan, 3) Detail document including
a program summary and the Commission's recommendation for each project, 4) Charts showing
the 1999-2000 allocations, 2001 request amounts, and 2001/02 recommendations, 5) City Human
Services goals and strategies, and 6) Application review criteria.
The Commission has developed two plans for the Council's consideration. Plan A provides for
$451,500 of services, and Plan B provides for $400,000 of services. The Commission
recommends Plan A, which includes a request for the City Council to increase the Human
Services General Fund by $51,500 from the current base of $400,000.
Earlier this year, the Commission reviewed the City's Human Services General Fund level and
the human services needs in Federal Way, and determined that the current level does not
adequately address the needs of our community. Maintaining the $400,000 level would not
allow the City to maintain the current level of services, due to inflationary costs to human
services providers. As a result of this analysis, the Commission submitted a request to the City
Manager for a cost of living adjustment. The amounts requested were $411,039 for 2001 and
$422,137 for 2002 (an increase of 2.7% per year). Due to other City needs and priorities, this
increase was not included in the City Manager's budget.
In addition to the cost of living request, the Commission is requesting additional funds to
address increasing human services needs, fund several new programs to address emerging
needs, and provide small increases to 11 continuing programs. As documented in the City's
Human Services Plan, the key factors impacting human services needs in Federal Way include:
· The City's population growth,
· Increased numbers of Iow-income working families in need of basic need services such
as the food bank, emergency and transitional housing, medical and dental care,
· An increase in the senior citizen population (especially frail elders),
· Increasing needs of refugee and immigrant families for a range of human services,
including those that are culturally and linguistically appropriate,
· Continued need for prevention and intervention services that address youth violence,
domestic violence, child abuse and neglect, sexual assault and,
· Continued need to assist those moving from welfare to work by providing employment
training and support, child care subsidies, and other critical self-sufficiency services.
The Commission recognizes that the City Council faces difficult decisions and limited resources
during preparation of the 2001-02 City budget. In light of that, the Commission has also
prepared a prioritized contingency plan that itemizes reductions down to the $400,000 level, as
needed. (See Attachment 2.)
Through the 2001-02 Human Services Funding Recommendations,the City achieves the following:
· Addresses Council goals as outlined in the Human Services Comprehensive Plan. These
goals, in priority order, are: 1 ) Support basic needs through funding of emergency services;
2) Support a strong service delivery system that increases public safety; 3) Provide support
that supplements federal, state and county programs designed to increase self-sufficiency
and independence and; 4) Support service models that improve community-based
collaborations and build strong neighborhoods.
· Allocates a minimum of 37% of human service general funding to Goal 1 - Basic Needs, in
accordance with Cit~ human services policies;
· Presents a plan that funds a continuum of services for Federal Way residents;
· Funds six new projects that address needs of Iow-income Federal Way residentsincluding:
1) a youth drop-in center with outreach services to homeless and at-risk youth, 2) a teen
crisis line, 3) therapy for young children with disabilities, 4) volunteer chore services for
seniors and adults with disabilities, 5) domestic violence counseling and intervention for
Asian and Pacific Islander residents and, 6) an intensive in-home parenting support
program. By funding new and innovative projects, the City can address emerging needs in
our community.
Application Review Process
The City received 47 applications for 2001-02 human services general funds totaling $702,281
(2001) and $718,444 (2002). The Commission recommends funding 34 of these projects. The
Commission logged more than 145 volunteer hours reviewing applications, interviewing applicants,
receiving public comment from applicants, and discussing and deliberating the merits of each
proposal as they relate to City goals. In addition to reviewing proposals in regards to how they
addresses Council goals and priorities, the Commission evaluated applications in the following
areas: 1) demonstrated need and effect of project; 2) fiscal evaluation; 3) capacity of applicant; 4)
use of volunteers and community collaboration; and 5) ability to serve diverse populations. (See
Attachment 6.)
Summary of Applications Received
The following chad summarizes 2000 funding levels, 2001 and 2002 request amounts and 2001/02
recommendations by Council goal area for Plans A and B. (See Attachment 4.)
COUNCIL GOAL 1999-00 2001 HS 2001/02 HS 2001/02 HS
HS FUNDING RECOMMEND. RECOMMEND.
FUNDING REQUEST PLAN A PLAN B
1) Basic Needs $152,038 $199,592 $169,600 $157,000
2) Public Safety $179,744 $363,820 $218,400 $179,000
3) Self-Sufficiency $ 52,158 $92,348 $53,500 $ 53,500
4)Strong $16,060 $46,521 $10,000 $10,000
Neighborhoods
TOTALS $400,000 $702,281 $451,500 $400,000
2
The request amounts for 2002 were $16,163 higher than 2001 request amounts. It is anticipated
that agencies will receive the same level of funding in both 2001 and 2002, dependent on
satisfactory contract performance and on funds available.
Domestic Violence Services Recommendations
The 2000 City contract with the Domestic Abuse Women's Network (DAWN) is $47,000 for a
range of services including advocacy, crisis line and shelter. DAWN requested $85,000 from
the City for 2001-02 for three programs: community education ($15,000), victim assistance
advocacy ($55,000), and shelter services ($15,000). The Commission recommends funding
the $15,000 shelter services request (as DAWN operates the only confidential shelter in South
King County). However, after a careful review of the agency's application and an interview with
the applicant, the Commissi~)n decided not to recommend funding for the other DAWN
programs. Instead, the Commission recommends setting aside $32,000 for community
advocacy services for a Request for Proposal to be conducted in early 2001 (See Attachment 3
for more details).
The Commission is not recommending funding for DAWN for these programs, due to a number of
concerns about the agency's quality of services in these areas. In the fall of 1999, the agency
implemented a reorganization that has had significant impacts on these services. For example,
clients must wait two to three weeks for an intake session with a Community Advocate, which is a
serious barrier to service, since this is the entry point for the agency's other services. In addition,
the level of community advocate services at DAWN has dropped from 15 hours per client in 1999
to 4 hours per client in 2000. The Commission is concerned about the drop in service to clients
and the impact that has on the quality of services.
In addition to the DAWN shelter program and advocacy set aside, the Commission recommends
funding for two other domestic violence services -- Korean Women's Association - $10,000
(Domestic Violence Counseling and Intervention) and Federal Way Youth and Family Services -
$9,000 (Perpetrator Treatment).
Impact of 1-695 Reductions on Level of City Human Services Funding Requested
Though the number of programs requesting City funding has increased, the level of funding
requested has remained fairly stable. In 1998, 39 programs requested $748,024 in City Human
Services Funding for 1999-2000. In 2000, 47 programs have requested $702,281 for 2001 and
$718,444 for 2002.
City Council members requested information regarding the impactthat 1-695 reductions have made
on the requests for Human Services Funding that agencies have submitted to the City. The best
information available regarding this question is included in the applications submitted by the
agencies where they are asked to describe why they are requesting additional funding (if
applicable). However, this information is limited due to the fact that when agencies submitted their
applications to the City in June, they had little information regarding 1-695 reductions, as a number
of government funders had not yet implemented 1-695 reductions. The following information
describes how applicants addressed this issue in their 2001-02 Human Services Funding
applications submitted to the City. Of the 47 applicants, 14 did not address funding reductions in
regard to their request to the City. The remaining 33 were currently funded agencies requesting
increases, or new applicants requesting funding for the first time due to:
· 1-695 reductions 2
· Reductions from multiple sources 5
· Increased client need and/or program expansion 19
· Increased costs and/or cost of living adjustments 7
In addition, the King County Executive's recently released proposed 2001 budget does include
reductions for human services, which would impact service delivery countywide. Staff is in the
process of getting program-specific information in order to determine the impact on services to
Federal Way residents.
Ann Guenther and I will be at your November 13th meeting to presentthese recommendationsand
answer any questions you may have. If you have any questions before the meeting, please call
Ann at (253) 661-4039.
Committee Recommendation
1. Move to approve the 2001-02 Human Services General Funding Recommendations, Plan
A, as recommended by the Human Services Commission. Forward to the full City Council
for approval on November 21, 2000.
2. Move to approve the 2001-02 Human Services General Funding Recommendations, Plan
B, as presented by the Human Services Commission. Forward to the full City Council for
approval on November 21, 2000.
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ATTACHMENT 2
2001-02 HUMAN SERVICES GENERAL FUND
RECOMMENDED CONTINGENCY PLAN
The Commission's recommended funding package totals $451,500. The Commission
recommends this amount to address increasing human service needs in the City of Federal
Way (Plan A). However, the Commission recognizes the Human Services Fund is currently
budgeted at a level of $400,000. For this reason, the Commission has prepared a
recommended reduction plan (Plan B) to accommodate a final amount less than the
recommended Plan A level.
SHOULD THE TOTAL GRANT AMOUNT DECREASE
Should changes to the Plan A level be necessary, reductions should be made in the following
priority order:
Agency/Program Reduced by for a New Total of
1. ACAP $5,000 $446,500
APPLE Parenting
2. Catholic Community Services $2,000 $444,500
After-Hours Voucher Program
3. Senior Services $3,000 $441,500
Meals on Wheels
4. Senior Services $2,100 $439,400
Volunteer Transportation
5. FW Community Caregiving Network $5,000 $434,400
Emergency Shelter
6. Auburn Youth Resources $10,000 $424,400
FW Teen Drop-In Center (1)
7. Behavioral Sciences Institute $4,400 $420,000
PACT/Counseling
8. Korean Women's Association $10,000 $410,000
DV Counseling and Intervention
9. Auburn Youth Resources $10,000 $400,000
FW Teen Drop-In Center (2)
SHOULD ADDTI'ZONAL FUNDS BECOME AVAZLABLE:
If the final allocation is less than the Commission's Plan A recommendation, and additional
funds become available during the 2001-2002 biennium, this plan should be used in reverse
order to fund programs up to the Plan A level. Should funds become available in excess of
$451,500, the Commission will prepare a revised contingency plan recommendation at that
time.
ATTACHMENT 3
CITY OF FEDERAL WAY HUMAN SERVICES COMMISSION
DETAIL ON 2001-02 HUMAN SERVICES GENERAL FUND RECOMMENDATIONS
GOAL 1 -BAS[C NEEDS
Catholic Community Services 1999/2000 Funding Level: $0'
After-Hours Voucher Program 2001102 Request: $7,000~57,000
2001102 Recommendation: $7,000/$7,000(A)
2001/02 Recommendation: $5,000155,000(B)
Program Summary: The pro. gram will provide emergency financial aid after-hours in
collaboration with the Federal Way Victim Assistance Program/Police Department to at-risk,
Iow-income families and individuals for shelter, food, transportation and utility assistance. This
program provides emergency assistance during evenings and weekends when social service
agencies are closed. The vouchers are provided at the Federal Way Public Safety Department
office. Catholic Community Services would act as the fiscal agent for the program, by preparing
the funding application, administering the program contract, preparing contract reports, and
paying the voucher bills. City funds would be used for food, shelter, and transportation
vouchers and for program staff costs.
*The Salvation Army has administered this program in collaboration with the City's Public Safety
Department since 1994. The funding for this program has ranged from $3,000 to $10,000 per
year. In 1999-2000, this program was funded at $3,000 per year. The Salvation Army decided
not to apply for administration of the program for 2001-02. The City apprOached Catholic
Community Services to see if they were willing to take on the program beginning in 2001, since
they administer similar programs for the cities of Kent and Tukwila. CCS has stated that they
would like to work with the Federal Way Public Safety Department to provide this service.
Recommendation: The Commission recommends funding this program at an increased level to
address increasing needs for emergency food and shelter. This is the only program providing
after-hours emergency assistance to Federal Way residents. Catholic Community Services has
the capacity to administer this program, given their experience in providing this service with
other South King County cities. The program is a good example of services provided in
collaboration between the City and a non-profit human service agency. Human Services
funding strategy addressed - Maintain stable funding for food banks and emergency shelter.
Catholic Community Services 1999/2000 Funding Level: $5,000~5,000
Emergency Assistance 2001/02 Request: $7,000/$7,000
2001/02 Recommendation: $5,000~55,000
Program Summary: This program provides emergency financial aid to at-risk, Iow-income
families, disabled and seniors for basic needs that include shelter, rent, utility assistance, food
and transportation. In addition, the program provides case management services to assist
individuals and families in achieving self-sufficiency. City funds would be used for emergency
assistance vouchers and for program staff costs.
Recommendation: The Commission recommends funding this program at the 1999/2000 level.
2001-02 HUMAN SERVICES GENERAL FUND RECOMMENDATIONS DETAIL
The need for emergency assistance with food, shelter, transportation and utility assistance
continues. This program has a track record of providing quality services and strong contract
performance. Human Services funding strategy addressed - Maintain stable funding for food
banks and emergency shelter.
Catholic Community Services 1999/2000 Funding Level: $0
Transitional Housing for Homeless Women 200t/02 Request: $15,000/t5,000
2001/02 Recommendation: $0
Program Summary:. This transitional housing program is for homeless women who are
interested in pursuing recovery after being released from the Kent Regional Justice Center.
This is a new program, sche. duled to open in May or June of 2001. The transitional housing
facility will be built in downtown Kent. Residents will be expected to develop an individual
recovery plan and to work toward self-sufficiency. Commitments to remain clean and sober,
access health and mental health services, participate in job preparation classes or other
educational programs, and seek permanent housing are required of program participants.
Clients are expected to remain in the facility for six to twelve months. Services include housing,
case management and treatment services to homeless single women in South King County.
The goal is to assist clients in working toward self-sufficiency. City funds would be used to pay
for case management services to Federal Way residents in the program.
Recommendation: The Commission does not recommend funding for this program. Though
the need for transitional housing for Federal Way residents is documented, it is unclear how
many Federal Way residents this program will serve (estimate is two), since it is a new program
without a track record. Given limited resources, the Commission recommends funding for other
transitional housing programs that serve a higher number of residents.
Catholic Community Services ~ 999/2000 Funding Level: $0
Elizabeth House 2001/02 Request: $5,000/$5,000
· 2001102 Recommendation: $0
Program Summary:. Elizabeth House provides long-term transitional housing and intensive
support services to homeless women including pregnant and parenting teens and homeless
female adolescents (ages 14-17). All residents must attend school and work towards their high
school completion. The program provides 24-hour supervision, food, clothing, and life skill
education, parenting classes, mental health counseling, case management, legal advocacy and
medical and maternity health care monitoring. The program estimates serving 2-3 residents
Federal Way residents per year. City funds would be used for direct assistance to individuals
including purchase of baby and toddler items, clothing, and school-related expenses.
Recommendation: The Commission does not recommend funding for this program. In view of
other needs and the limited dollars available, the Commission did not feel this was a high
priority for funding.
Page 2 of 23
2001-02 HUMAN SERVICES GENERAL FUND RECOMMENDATIONS DETAIL
Community Health Centers of King County 1999/2000 Funding Level: $t5,000/515,000
Dental Services 2001/02 Request: $15,450/$15,915
2001/02 Recommendation: $15,450/515,450
Program Summary: CHCKC is a network of six medical, two natural medicine, and four dental
clinics that serve families and individuals throughout King County. The agency also provides
on-site care in homeless shelters in South King County. Federal Way Primary Dental Care
provides routine and emergency dental services to Iow-income uninsured Federal Way
residents. Services are provided on a sliding-fee schedule according to family size and income.
The Federal Way Community Dental Center recently established weekly half-day walk-in clinics
for urgent care cases. City funds would be used to pay part of a dentist's salary.
Recommendation: The Cor~mission recommends funding this program at an increased level
due to the well-documented need for affordable dental care by Iow-income individuals and
families. The program has a track record of providing quality services and has had strong
contract performance. Human Services Strategy Addressed - Maintain stable funding for basic
medical and dental care.
Community Health Centers of King County 199912000 Funding Level: $30,000~530,000
Primary Health Services 2001102 Request: $30,900/$31,827
2001/02 Recommendation: $30,900/$30,900
Program Summary: Federal Way Primary Health Care provides comprehensive medical care
to Iow-income, uninsured Federal Way residents. Services are provided on a sliding-fee scale
according to family size and income. Services are provided on-site and include hospitalization,
referral to specialists and prescription medications. City funds would be used to pay for part of
a physician's salary.
Recommendation: The Commission recommends funding this program at an increased level
due to the well-documented need for affordable medical care by Iow-income individuals and
families, especially for those without access to health insurance. Human Services Strategy
Addressed - Maintain stable funding for basic medical and dental care.
Emergency Feeding Program 1999/2000 Funding Level: $4,71515,850
Emergency Food Box Distribution 2001/02 Request: $6,142156,449
2001/02 Recommendation: $5,000155,000
Program Summary: The Emergency Feeding Program serves Federal Way residents in crisis
hunger situations. They range from families with infants and children, to the elderly who may
need diabetic or Iow-sodium foods, to the homeless family, individual or teen, and to those who
need special cultural foods. The goal is to provide a nutritious two-day supply of six meals via a
customized food pack to meet health and age needs, as well as cultural norms. The program
also provides information and referral services to assist clients in accessing other needed
services. The program's Federal Way distribution sites include Calvary Lutheran Church,
Salvation Army and Merit School. City funds would be used for food purchase and program
staff costs.
Page 3 of 23
2001-02 HUMAN SERVICES GENERAL FUND RECOMMENDATIONS DETAIL
Recommendation: The Commission recommends funding this program at a level close to the
1999/2000 funding level. The program addresses the basic need of emergency food for Iow-
income residents. Human Services Strategy Addressed - Maintain stable funding for food
banks.
FW Community Caregiving Network 1999/2000 Funding Level: $10,000/$10,000
Emergency Shelter Services 2001102 Request: $15,000/$15,000
2001102Recommendation: $15,000/515,000(A)
2001102 Recommendation: $10,000/$10,000(B)
Program Summary:. The Emergency Shelter and Rent Assistance Program provides two basic
need services to Iow-income Federal Way residents. Rental assistance ($75 - $125 per case)
is provided to families in danger of being evicted from their homes or apartments by assisting
with monthly rental payments, which cannot be met because of financial emergencies.
Emergency shelter in the form of motel vouchers (2-3 night stays) is provided to Federal Way
residents who are homeless due to domestic violence, unforeseen financial circumstances,
inability to find work, or other hardships. City funds would be used for motel vouchers and rent
assistance payments.
Recommendation: The Commission recommends funding this program at an increased level.
The program addresses the need of emergency housing for Iow-income Federal Way families.
In addition, the program helps to prevent homelessness by providing rent assistance to those in
danger of being evicted. Program has track record of providing quality services and strong
contract performance. Human Services Strategy Addressed- Maintain stable funding for
shelters and transitional housing services.
FW Community Caregiving Network 199912000 Funding Level: $4,000~54,000
Transitional Housing (FUSION) 2001102 Request: $4,000154,000
2001102 Recommendation: $4,000154,000
Program Summary: FUSION operates five transitional housing units for homeless women and
their children in Federal Way. The women in this program usually have Iow education levels, no
job skills, or place to call home. After setting goals, these women receive professional
counseling, job-skill training, childcare services, health care and social services so they can
become self-sufficient within six months to one year. Case management for the program is
provided through a contract for services with the YWCA. The program expects to open two
new units within the next year, bringing the total transitional housing units provided to seven.
City funds would be used for case management services.
Recommendation: The Commission recommends funding this program at request level. The
program addresses the need of transitional housing for Iow-income Federal Way families.
Program has track record of providing quality services and strong contract performance.
Human Services Strategy Addressed- Maintain stable funding for shelters and transitional
housing services.
Page 4 of 23
2001-02 HUMAN SERVICES GENERAL FUND RECOMMENDATIONS DETAIL
Joseph Foundation 1999/2000 Funding Level: $3,000153,000
Noyes Home 2001102 Request: $3,000~53,000
2001102 Recommendation: $3,000/$3,000
Program Summary'. The Joseph Foundation is an ecumenical group of local churches that
provide financial aid and volunteer support. The Noyes Transitional Home is located in a
residential area of single-family homes in Northeast Tacoma. The home has two separate
living quarters: each with three bedrooms, a bath and living room. The families share a
common kitchen/dining room and laundry room. The program provides transitional shelter (6-
24 months) for families. The objective is to successfully transition homeless families into
independent living. The South King County Multi-Service Center (SKCMSC) provides the
program's case manageme0t. The SKCMSC chooses Federal Way families from their
Emergency Shelter program to participate in this program. Case management services include
screening, intake, assessment of needs, orientation, plan for assistance, and ongoing
counseling and monitoring of client progress. City funds would be used for program operating
costs including insurance, maintenance and repair, printing, and professional fees.
Recommendation: The Commission recommends funding this program at request level. The
program addresses the need of transitional housing for Iow-income Federal Way families.
Program has track record of providing quality services and strong contract performance.
Human Services Strategy Addressed - Maintain stable funding for shelters and transitional
housing services.
Pregnancy Aid of South King County 1999/2000 Funding Level: $0
General Operation 2000/01 Request: $2,000152,000
2001102 Recommendation: $0
Program Summary: This all-volunteer organization provides counseling, referrals, clothing,
baby furniture, car seats, baby food and formula to Iow-income families. The program's clients
include two-parent and single-parent families, grandparent and foster-parent families with
infants and preschool children. The objective is to help clients identify their problems, provide
immediate assistance and/or referrals to other services the family may also need. City funds
would be used for program operating costs and direct assistance to individuals.
Recommendation: The Commission does not recommend funding for this program. In view of
other needs and the limited dollars available, the Commission did not feel this was a high
priority for funding.
Senior Services of Seattle-King County 1999/2000 Funding Level: $1,500/$1,500
Congregate Meal Program 2001102 Request: $1,500/$1,500
200t 102 Recommendation: $1,650/$1,650
Program Summary: The Congregate Meal Program provides hot nutritious meals served in a
group setting in 34 locations throughout the County. The Program operates three days each
week at the City's Klahanee Lake Community/Senior Center. The Program also provides
nutrition education, socialization, and other activities. The program has been in Federal Way
since 1974. Eligible participants include residents sixty years of age and older, spouses of such
Page 5 of 23
2001-02 HUMAN SERVICES GENERAL FUND RECOMMENDATIONS DETAIL
persons, program volunteers, and disabled perSOns accompanying the older person to the meal
site. The goal is promote the health and independence of older person by providing nutritious
meals in a setting that offers social support, and fosters good nutritional heath. City funds
would be used for purchase of meals for Federal Way residents.
Recommendation: The Commission recommends funding this program at an increased level.
This program is an important component of the service delivery system for Federal Way
seniors. In addition to providing a hot meal to seniors four times each week, the program also
provides an opportunity for socialization, which is vital in helping seniors maintain their physical
and mental health. Human Services Strategy Addressed - Maintain stable funding for senior
transportation and meal programs.
Senior Services of Seattle-King County 199912000 Funding Level: $8,000158,000
Meals on Wheels 2001102 Request: $11,000/511,000
2001/02 Recommendation: $11,000/$11,000(A)
2001102 Recommendation: $8,000158,000(B)
Program Summary: The Meals on Wheels Program delivers nutritious, frozen meals to
homebound senior residents. The goal is to enable frail seniors to stay in their homes and
remain independent as long as possible. Meals are delivered once a week. The meals are
prepared with the special dietary needs of seniors in mind, and are adaptable to a variety of
special diets. There are 30 dinner and 5 breakfast options available. The Klahanee Lake
Community/Senior Center is the Federal Way site where the meals are stored until they are
delivered. Program volunteers work out of this location. City funds would be used for purchase
of meals for Federal Way residents.
Recommendation: The Commission recommends funding this program at the request level.
This program provides an important service to homebound seniors at a Iow cost and makes
good use of volunteers. Program outcomes demonstrate that 93% of Meals on Wheels clients
state that the program makes it easier to have food in the house and get enough to eat.
Human Services Strategy Addressed - Maintain stable funding for senior transportation and
meal programs.
,,
Senior Services of Seattle-Kin_q County 1999/2000 Funding Level: $3,690~53,690
Volunteer Transportation for Seniors (VTS) 2001102 Request: $6,600156,600
2001102 Recommendation:$6,6001$6,600(A)
2001/02 Recommendation:$4,5001$4,500(B)
Program Summary: Volunteer Transportation helps meet the transportation needs of isolated,
frail, Iow-income Federal Way seniors by providing personalized escorted transportation
services. The focus is on clients who have no other transportation options because of physical
and/or mental conditions who need an escort to their appointments. Volunteers drive their own
vehicles and transport frail seniors throughout King County and pads of Pierce County to
medical and other essential appointments. City funds would be used to provide mileage
reimbursement to volunteer drivers, pay for program staffing costs, and related operating
expenses.
Recommendation: The Commission recommends funding this program at the request level,
Page 6 of 23
2001-02 HUMAN SERVICES GENERAL FUND RECOMMENDATIONS DETAIL
due to the rising cost of fuel and mileage reimbursement to the volunteer drivers. The use of
volunteers to provide this personalized transportation for the elderly makes VTS a cost-effective
program. VTS is a unique program as it provides transportation with an escort service for frail
elderly unable to use other public transportation options. Human Services Strategy Addressed
- Maintain stable funding for senior transportation and meal programs.
South King County Multi-Service Center 199912000 Funding Level: $30,000~535,000
Emergency and Transitional 2001/02 Request: $35,0001535,000
Shelter Services 2001/02 Recommendation: $35,000~535,000
Program Summary:. The SKCMSC Housing Program provides a range of housing options and
comprehensive services for.homeless families and individuals in crisis. Fifteen units of
emergency shelter are located in Kent where families may stay up to four weeks. Six units of
transitional housing are available (3 in Kent and 3 in Federal Way) where families may stay up
to two years. Family Development Specialists help families develop an individualized goal-
directed plan focusing on housing stability as a first step in becoming self-sufficient. Needs are
prioritized, goals are identified and a problem-solving plan is set. Families are encouraged to
enter SKCMSC's permanent Iow-income housing once they stabilize. City funds would be used
for program staffing costs, agency administrative costs, and operating expenses such as
insurance, repair and maintenance, and rent and utilities.
Recommendation: The Commission recommends funding this program at the request level.
The program addresses the emergency and transitional housing needs of Federal Way
residents. South King County Multi-Service has a track record of providing quality services and
strong contract performance. Human Services Strategy Addressed- Maintain stable funding
for shelters and transitional housing services.
South King County Multi-Service Center 199912000 Funding Level: $29,633~530,000
Food/Clothing 2001/02 Request: $30,000/$30,000
2001/02 Recommendation: $30,0001530,000
Program Summary: The Federal Way Food and Clothing Bank provides emergency food and
essentials to residents of the Federal Way School District. Recipients must be at 150% or less
of the poverty level. 'Families may visit once a month for canned goods and government
commodities and once a week for extra food that includes bread, fresh fruits and vegetables.
When available, infant food, diapers, toiletries, pet food and paper products are provided. The
Clothing Bank provides free clothing, small household items, shoes, linens and job search
clothing to Iow-income residents of south King County. Thanksgiving special food, Christmas
gift and Easter basket programs are also coordinated through the clothing bank. City funds
would be used for food purchase, program staffing costs, agency administrative costs, and
operating expenses.
Recommendation: The Commission recommends funding this program at the request level,
due to the continued need for food and clothing for Iow-income Federal Way families. South
King County Multi-Service has a track record of providing quality services and strong contract
performance. Human Services Strategy Addressed- Maintain stable funding for food and
clothing banks.
Page 7 of 23
2001-02 HUMAN SERVICES GENERAL FUND RECOMMENDATIONS DETAIL
St. Stephen's Housing Association 1999/2000 Funding Level: $0
Case Management 2001/02 Request: $5,000/$5,000
2001/02 Recommendation: $0
Program Summary: The program began in 1990 to provide transitional housing for homeless
families with children from Federal Way, Renton, Kent, and Auburn. Families in the program
work with a case manager to establish and work toward realistic goals that will help them
become self-sufficient. The program has eight three-bedroom housing units at the Nike Site in
Kent. The eight homes are leased from the King County Housing Authority. (South King
County Multi-Service Center and Highline Mental Health also lease homes at the Nike Site for
emergency and transitional housing.) Clients pay 30% of their income for rent, plus utility costs.
Families stay in the program, from 12-18 months. City funds would be used to pay for case
management services, which are provided by Catholic Community Services.
Recommendation: The Commission does not recommend funding for this program. In view of
other needs and the limited dollars available, the Commission did not feel this was a high
priority for funding.
Page 8 of 23
2001-02 HUMAN SERVICES GENERAL FUND RECOMMENDATIONS DETAIL
GOAL 2 - PUBLIC SAFETY
ACAP Child and Family Services 1999/2000 Funding Level: $4,244~54,244
A.P.P.L.E. Parenting 2001102 Request: $10,000/510,000
2001/02 Recommendation: $10,000/510,000(A)
2001102 Recommendation: $$,000/$5,000 (B)
Program Summary:. APPLE (A Positive Parenting Learning Experience) is a parent education
program and child abuse/neglect prevention program providing free parenting classes for
families with children ranging form infants to teens. The curriculum consists of basic parenting
topics such as child development, children learning through play, self-esteem, problem solving,
stress management and pos. itive parenting skills. The Department of Social and Health
Services (DSHS) and the Regional Justice Center's Juvenile Court refer potential participants in
the program to the program. City funds would be used for program staff and operating costs.
Recommendation: The Commission recommends funding this program at the request level.
Successful parent education can reduce the number of social services needed by the family in
the future and can positively affect the behavioral development of the children in the family.
The agency will increase the number of classes offered during the year. Previous City funding
for this program has ranged from $4,244 to $10,000. ACAP has a track record of providing
quality services and strong contract performance. Human Services Strategy Addressed-
Prevention and early intervention programs for families and youth.
Auburn Youth Resources t999/2000 Funding Level: $0
R & R Teen Drop-In Center 2001/02 Request: $20,000/$20,000
2001102 Recommendation: $20,000/$20,000(A)
2001102 Recommendation: SO(B)
Program Summary: The mission of the Drop-In Center in Federal Way is to provide youth with
a safe, violence and drug free space where all youth are respected as individual human beings.
This program is designed to specifically target and support homeless and at-risk youth through
relationship-based,~respect-filled experiences. The goal is to provide youth with a supportive,
encouraging, educational and motivating environment. City funds would provide supervisory
staff for the Drop-In Center.
Recommendation: The Commission recommends funding this program at the request level.
One of the City's strategies under Goal Two of the Human Services Comprehensive Plan is to
support early intervention programs for troubled youth that include outreach services in the
community. Funding would complement a 2000 CDBG award to the agency for placement of a
six-bed run-away youth shelter in Federal Way. Human Services Strategy Addressed -
Intervention services for those at risk of violence, child abuse and neglect, or substance abuse.
Page 9 of 23
2001-02 HUMAN SERVICES GENERAL FUND RECOMMENDATIONS DETAIL
Behavioral Sciences Institutes 199912000 Funding Level: $0
Parents and Children Together (PACT) 2001/02 Request: $22,572123,701
2001102 Recommendation:$4,400/$4,400(A)
2001/02 Recommendation: SO(B)
Program Summary: The PACT program is an in-home family counseling, skill building and
support service. It is designed to work with multi-problem children and families who are falling
through the cracks of the community service systems and who are at high risk of abuse and
neglect, family conflict and violence, school problems, delinquency, and other social and
behavioral problems. The goal of the program is to strengthen families, improve outcomes for
children, improve family functioning and parenting skills, improve children's behavior at home
and school and help families access ongoing informal and formal community support. City
funds would be used for program staff and operating costs.
Recommendation: The Commission recommends funding this program at a lower level than
requested, due to limited funds available. This is the first time the agency has requested funds
for this program from the City of Federal Way. The program has been offered in the City for the
past four years with successful outcomes. The recommended funding level would serve two
families. Human Services Strategy Addressed - Intervention services for those at risk of
violence, child abuse and neglect, or substance abuse.
Birth to Three Development Center 199912000 Funding Level: $20,000/519,000
Family Services Program 2001/02 Request: $20,000~520,000
2001/02 Recommendation: $19,0001519,000
Program Summary: The Family Service Program provides support and help to parents of
infants and toddlers receiving therapy at Birth to Three. The program will support and help
families cope with the challenges of parenting an infant or toddler with special needs. The
program will enable families to be successful and confident in their parenting skills. Their goals
are to offer family support services, organized education opportunities for parents, transition
assistance to families when children enroll in Birth to Three and equip families with referrals to
other services. City funds would be used for program staff and operating costs.
Recommendation: The Commission recommends funding this program at the 2000 level. The
provision of parental support service offered by the program has a lasting effect on the family.
The City has funded the agency between $19,000 and $20,000 for the past six years. Birth to
Three has a long track record of providing quality services and strong contract performance.
Human Services Strategy Addressed - Prevention and eady intervention programs for families
and youth.
Catholic Community Services 1999/2000 Funding Level: $3,000153,000
Counseling 2001/02 Request: $3,500~53,500
2001/02 Recommendation: $0
Program Summary: The Counseling Program offers counseling to individuals and families.
Counseling services help clients address a number of issues including depression, job
transitions, abuse, marital problems, parenting issues, loss through death or divorce, medical
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2001-02 HUMAN SERVICES GENERAL FUND RECOMMENDATIONS DETAIL
and caregiving issues. City funds would be used for program staff costs.
Recommendation: The Commission does not recommend funding this program. Although
funded in previous years, this program serves a Iow number of Federal Way residents. The
Commission views this program as a lower priority given the number of more targeted
counseling programs requesting funds. CCS has not been successful in securing a service
delivery site in Federal Way (the program is currently offered in Kent).
CHANGES Parent Support Network 1999/2000 Funding Level: $0
Parents Support Groups 2001102 Request: $2,000/$2,000
2001102 Recommendation: $0
Program Summary: This program provides peer support groups, plus education and training
opportunities to parents/guardians in the South King County area who are experiencing acting-
out, rebellious, defiant, violent, drug-addicted, gang-related, or other unruly behavior from their
adolescents. The goal is to teach new techniques and methods to parents and to give them
needed peer support to raise self-reliant, responsible young adults. There are two support
groups currently meeting in South King County, one in Des Moines and one in Kent. City funds
would be used for program staff and operating costs.
Recommendation: The Commission does not recommend funding for this program. In view of
other needs and the limited dollars available, the Commission did not feel this was a high
priority for funding.
Crisis Clinic 199912000 Funding Level: $0
Teen Link 2001102 Request: $1,000151,000
2001102 Recommendation: $1,000151,000
Program Summary: The purpose of Teen Link is to prevent teenage violence, suicide, drug and
alcohol abuse, family and relationship problems, Pregnancy, sexually transmitted diseases and
depression by supporting and empowering youth to make healthy, self-respecting decisions on
their own. Teen Link includes an anonymous and non-judgmental telephone help line
answered by teen volunteers and provides youth suicide prevention education. The service is
available seven days a week between the hours of 6:00 and 10:00 p.m. City funds would be
used for program staff costs.
Recommendation: The Commission recommends funding this program at the request level.
The agency is requesting funds for the first time for this program, which has been in operation
for the past four years. The program provides immediate (and often crisis) assistance to teens
through peer-based counseling. This service is not provided by any other agency. Human
Services Strategy Addressed - Prevention and early intervention programs for families and
youth.
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2001-02 HUMAN SERVICES GENERAL FUND RECOMMENDATIONS DETAIL
Domestic Abuse Women's Network 1999/2000 Funding Level: $55,000~547,000
Community Education 2001/02 Request: $85,0001585,000
Advocacy and Victim Services 2001/02 Recommendation: $15,0001515,000
Shelter Services
Program Summary: This application proposes domestic violence services divided into three
areas: Community Education and Coordination, Victim's Services and Advocacy, and Shelter
Services. DAWN will provide a 24-hour crisis line, women's advocates, women's groups, legal
advocates and educational presentations. DAWN also provides a 25-bed emergency shelter,
transitional housing and motel vouchers for victims of domestic abuse. Women and children
entering the shelter participa~te in an initial screening and one on one intake interviews with
shelter advocates. In addition to food and clothing, victims are given information about the
dynamics of domestic violence, safety planning, access to health care, assistance with housing
options, childcare, transportation and a host of other issues identified by the individual client.
City funds would be used for program staff and operating costs.
Recommendation: The Commission recommends funding this program at a reduced level. The
total amount requested by the agency was divided into three sub-requests, $15,000 for
emergency shelter, $15,000 for community education and $55,000 for community advocacy
services. The recommended funding of $15,000 is for the shelter services only, as the DAWN
House is the only shelter in South King County dedicated to domestic violence victims. The
sub-request for community education was determined to be unsupportable as the agency
reported that the $15,000 would cover a maximum of 23 education events in Federal Way (a
cost of $652 per event). The sub-request of $55,000 for community advocacy is not
recommended in light of the concerns of several public funding agencies and United Way
related to the quality of service being offered to DAWN's community advocacy clients.
However, the Commission believes that community advocacy is a service that must be
available to Federal Way domestic violence victims. For this reason, the Commission is
recommending reserving a portion of the Human Services General Fund for community
advocacy and education services (see next entry). Human Services Strategy Addressed -
Stable funding for victim assistance services.
Domestic Violence Advocacy Services 2001/02 Recommendation: $32,000~532,000
Set-Aside
Program Summary: A Request for Proposals (RFP) would be released in early 2001 by the
City of Federal Way in the amount of $32,000. The RFP would cover domestic violence
community advocacy and education. Community advocacy is intended to address the human
service needs of the victim - assisting the victim address their housing, childcare, health and
employment needs. A Community Advocate will provide: (1) domestic violence education and
support to the victim, including safety planning and assistance in obtaining housing, childcare,
health services and employment; (2) general community education including presentations at
area high schools, community groups, and domestic violence task forces; (3) coordination with
other service providers including the City's Domestic Violence Unit (Prosecutor's Office) and
Victim Assistance Program (Public Safety); and (4) training to volunteers working with domestic
violence victims.
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2001-02 HUMAN SERVICES GENERAL FUND RECOMMENDATIONS DETAIL
Recommendation: The Commission recommends reserving funds out of the 2001-02 Human
Services General Fund for domestic violence advocacy and community education services.
The City did not receive viable proposals for this service in this year's application pool. Though
DAWN has previously provided advocacy services, the Commission has a number of concerns
about the quality of advocacy services provided by DAWN and recommends that the City join
other South King County cities in seeking alternate service providers for this service. Any
agency with the interest and capacity to offer such services to Federal Way residents will be
encouraged to respond to the RFP. Human Services Strategy Addressed - Stable funding for
victim assistance services.
Federal Way Boys and Girls Club 199912000 Funding Level: $9,000/$9,000
Operating Support 2001102 Request: $20,000/$20,000
2001102 Recommendation: $10,0001510,000
Program Summary:. The Boys and Girls Club provides a drop in center, home work assistance,
tutoring, teen leadership, computer classes, judo, basketball, baseball, soccer, summer sports
camps, resident camp, gymnastics, day camp, teen camp, arts and crafts, games room
tournaments, can club, teen late night, homework all stars, field trips, teen trips and a fishing
derby. The club also refers members for clothing, food, shoes, counseling, family intervention
and crisis referral. City funds would be used for agency operating costs.
Recommendation: The Commission recommends funding this program at an increased level
over prior year funding. There is a high level of need for youth recreation activities within the
City of Federal Way. The agency anticipates increases in the number of children served in
during the next biennium. The Boys and Girls Club has a track record of providing quality
services and strong contract performance. Human Services Strategy Addressed- Prevention
and eady intervention programs for families and youth.
Federal Way Youth and Family Services 199912000 Funding Level: $0
Chemical Dependency Family Program 2001102 Request: $12,070/$12,432
2001102 Recommendation: $0
Program Summary: Funds are requested to enhance the agency's existing youth chemical
dependency treatment program. A grant from the City would allow the agency to offer a new
family support component of the treatment program. The family support component is
designed for the parents of young people ages 12 to 20 who are enrolled in the agency's year-
long outpatient treatment program. During Phase One of the program, parents will attend
education classes once a week where they learn about the dynamics of addiction and recovery.
During Phase Two, home visits, continuing education and 12-step support will build upon the
work accomplished in the first phase. Family and/or individual psychotherapy, as appropriate,
is an additional component of the package of available supportive services. Providing a more
holistic treatment approach will increase the chances for a youth's successful treatment
outcome. City funds would be used for program staff and operating costs. ,
Recommendation: The Commission does not recommend funding for this program. In view of
other needs and the limited dollars available, the Commission did not feel this was a high
priority for funding.
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2001-02 HUMAN SERVICES GENERAL FUND RECOMMENDATIONS DETAIL
Federal Way Youth and Family Services 1999/00 Funding Level: $65,000/$58,000
Child and Family Counseling 2001102 Request: $58,0001559,740
2001102 Recommendation: $58,000~558,000
Program Summary: This program works to: improve the capacity of high need, at-risk
individuals and families to meet their basic needs; develop and employ life skills which will
increase their personal safety and the safety of the community; and, teach skills to help clients
become contributing community members. The counseling program targets Iow-income, at-risk
children and families with needs ranging from physical, emotional and sexual abuse to anger
management and coping skills for loss through divorce and coping skills for alcohol and drug
abuse. City funds would be used for program staff and operating costs.
Recommendation: The Con'mission recommends funding this program at the 1999/2000 level.
As stated in the Human Services Comprehensive Plan, it is important to link emergency
assistance with longer-term case management and family support. City funds are used to
supplement service fees that are collected from clients based upon a sliding fee scale. Last
year 92% of the agency's clients were Iow-income. This agency is the lead provider of family
counseling services in Federal Way. Human Services Strategy Addressed- Intervention
services for those at risk of violence, child abuse and neglect, or substance abuse.
Federal Way Youth and Family Services 1999/2000 Funding Level: $8,000158,958
Domestic Violence Services 2001102 Request: $12,9581513,347
2001/02 Recommendation: $9,000/$9,000
Program Summary: The Domestic Violence Treatment Program provides a 14-month program
to men and women court-ordered to enter treatment as perpetrators of domestic violence. A
primary focus of this program is victim safety including case management, support groups and
referrals. The perpetrator program entails six weeks of orientation in a group setting, a
summary interview and work with a therapist to develop a treatment plan, a minimum of 24
weeks of group involvement aimed at stopping all .perpetrator violence both physical and
emotional and teaching non-violent parenting skills. The perpetrator learns to function in
relationships as an equal rather than from a position of power and control. City funds would be
used for program staff and operating costs.
Recommendation: The Commission recommends funding this program at an increased level.
Perpetrator treatment is an important part of the domestic violence service continuum.
Convicted batterers undergoing treatment are less likely to continue the cycle of violence with
current or future partners and/or children. Human Services Strategy Addressed - Intervention
services for those at risk of violence, child abuse and neglect, or substance abuse.
GriefWorks: A Bereavement Resource 199912000 Funding Level: $0
Bereavement Services for Federal Way 2001/02 Request: $10,00015t5,000
2001/02 Recommendation: $0
Program Summary: GriefVVorks offers grief counseling and education on a sliding scale. The
main objective of grief counseling and education is to facilitate the healing of grief by validating
the experience, normalizing the grief reactions, and sharing interventions that help in adapting
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2001-02 HUMAN SERVICES GENERAL FUND RECOMMENDATIONS DETAIL
to loss. GriefVVorks will offer various suppod groups, workshops, and individual grief
counseling to any Federal Way resident. However, the target population will be families with
children and teens. Unresolved grief in children often gets carried into the turbulent adolescent
years and acted out with destructive behaviors. Grief can also split families asunder with
drastic changes in family roles, finances, relationships and residence. GriefVVorks will facilitate
support groups in schools with the school counselors. City funds would be used for program
staff and operating costs.
Recommendation: The Commission does not recommend funding for this program. In view of
other needs and the limited dollars available, the Commission did not feel this was a high
priority for funding.
Kin_q County Sexual Assault Resource Ctr. 199912000 Funding Level: $29,1201529,120
Comprehensive Sexual Assault Services 2001102 Request: $34,1201534,120
2001102 Recommendation: $30,0001530,000
Program Summary: This program provides comprehensive services to victims of sexual
assault. These services include crisis intervention and information and referral, legal advocacy
via the Regional Justice Center in Kent, medical advocacy at the Federal Way Health
Department and therapy for children and teens in South King County. KCSARC also provides
extensive community education and training about sexual assault issues. City funds would be
used for program staff and operating costs.
Recommendation: The Commission recommends funding this program at an increased level.
KCSARC will provide services to 171 Federal Way residents who have been victimized by
sexual assault. Of these, 70% will be children and teens. KCSARC is the only agency offering
services of this kind to Federal Way residents. The agency has a diverse funding base and has
a track record of providing quality services and strong contract performance. Human Services
Strategy Addressed - Stable funding for victim assistance services.
Korean Women's Association 199912000 Funding Level: $0
Domestic Violence Prevention/ 2001102 Request: $'17,6001517,600
Intervention Program 200tl02 Recommendation: $10,00015t 0,000(A)
2001102 Recommendation: SO(B)
Program Summary: The "We Are Family" program specifically targets female minority victims
of domestic violence, providing intervention and prevention services to victims and survivors.
They emphasize multi-cultural and multi-lingual strategies and approaches to the domestic
violence issue. With these funds, the WAF program will be able to focus on community
education, community based advocacy and parenting classes for Federal Way clients. After
offering the program in the city of Tacoma, the agency is seeking to expand into Federal Way to
better serve Federal Way clients already inquiring about and taking part in the program. City
funds would be used for program staff and operating costs. If funded, the agency is interested
in opening a service delivery site in Federal Way.
Recommendation: The Commission recommends funding this program at a level lower than
the request amount, due to limited funds available. Although new to Federal Way, the agency
has a long track record of specialized service provision to Asian and Pacific Islander ethnic
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2001-02 HUMAN SERVICES GENERAL FUND RECOMMENDATIONS DETAIL
groups. The agency could provide services similar to a broader audience than those offered by
Korean Christian Counseling Service, which did not reapply for funding in 2001-02. Human
Services Strategy Addressed - Intervention services for those at risk of violence, child abuse
and neglect, or substance abuse.
Lutheran Social Services 199912000 Funding Level: $0
International Counseling Services 2001102 Request: $11,000/511,000
2001/02 Recommendation: $0
Program Summary: This program provides culturally and linguistically appropriate counseling,
ethnic-specific support groups, parent education, domestic violence counseling, crisis
intervention, case managem, ent, social service assistance, advocacy, ESL, citizenship classes
and information and referrals to the underserved refugees and immigrants from Eastem
Europe, East Afdca and the Middle East. Trained mental health professionals and social
service specialists of the same ethnicity provide these services. City funds would be used for
program staff costs.
Recommendation: The Commission does not recommend funding for this program. In view of
other needs and the limited dollars available, the Commission did not feel this was a high
priority for funding.
Valley Cities Counseling and Consultation 199912000 Funding Level: $0
Survivors Support & Therapy Services 2001102 Request: $24,0001524,000
2001102 Recommendation: $0
Program Summary: The program provides comprehensive mental health services to survivors
of family violence and specifically to survivors of childhood and adult sexual and physical
assault/trauma. Comprehensive mental health includes services such as screening and referral
assessment, individual, family and group counseling, case management, psychiatric evaluation
and medication management. Clients receive intensive, short-term and long-term therapy as
needed. The goal of the project is to assist clients in recovering from serious mental health
symptoms resulting from trauma. With effective treatment, clients can improve personal safety,
emotional and economic stability, family functioning, school performance (for children and
adolescents), effective parenting (for adults), and reduced suicidal risk. Additionally, the
program seeks to eliminate intergenerational patterns of abuse and family violence. City funds
would be used for program staff costs.
Recommendation: The Commission does not recommend funding for this program. In view of
other needs and the limited dollars available, the Commission did not feel this was a high
priority for funding.
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2001-02 HUMAN SERVICES GENERAL FUND RECOMMENDATIONS DETAIL
GOAL 3 -- SELF-SUFF[CTENCY AND ZNDEPENDENCE
ACAP Child and Family Support 1999/2000 Funding Level: $8,00058,000
Subsidized Child Care 2001102 Request: $10,000/510,000
2001102 Recommendation: $8,000/$8,000
Program Summary: ACAP provides subsidized child care and related social services for Iow
and moderate income families in South King County. Fees for service are based on a sliding
scale. Child care is provided in three centers, the main center at the agency's Auburn site,
drop-in center at the Kent Regional Justice Center, and at West Auburn High School. Childcare
is provided for children from 1 month to 6 years old. Curriculum is designed for each age and
development level. Childrer~ learn through hands-on play, art, educational games, reading,
music, small group and outdoor activities. A HeadStart program is available for four and five
year old children. ACAP also provides a therapeutic program, which provides early intervention
and treatment for abused and neglected children referred by Child Protective Services (CPS).
Home visits and case management are also provided to the children and families in the
program. City funds would be used for program operating costs including staffing, rent and
utilities, insurance and craft supplies.
Recommendation: The Commission recommends funding this program at the 1999/2000 level.
Subsidized child care services assist families in attaining their goal of self-sufficiency. ACAP
has a track record of providing quality services and strong contract performance. Human
Services Strategy Addressed- Maintain stable funding for employment support services
including child care assistance.
Catholic Community Services 1999/2000 Funding Level: $0
Volunteer Chore Services 2001102 Request: $5,000155,000
2001102 Recommendation: $3,000~53,000
Program Summary. Volunteer Chore Services helps seniors and adults with disabilities remain
independent in their own homes by providing volunteers to assist with chores such as
housework, shopping, laundry, transportation, yard work, respite, cooking and minor home
repairs. This service reduces isolation and its accompanying depression. Volunteers are
matched with clients in their neighborhoods and they provide an average of one to two hours of
service to clients each week. The volunteers check on the clients' physical, emotional and
mental condition during their visit and provide a sense of connection with the neighborhood.
City funds would be used for volunteer recruitment and support activities, including program
staffing costs, recruitment advertising, mileage reimbursement for staff and volunteers, and
volunteer recognition activities.
Recommendation: The Commission recommends funding this program at a lower level than
requested, due to limited funds available. This established program is currently providing
services in Federal Way, but the demand from clients needing service is greater than the supply
of volunteers. City funds wOuld be used to build the Federal Way volunteer base for this
program, so that more residents can receive the chore assistance they need. CCS is an
established agency that has demonstrated the capacity to provide quality cost-effective chore
services to Iow-income seniors. Human Services Strategy Addressed- Maintain stable City
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2001-02 HUMAN SERVICES GENERAL FUND RECOMMENDATIONS DETAIL
funding for provision of effective self-sufficiency programs for targeted populations in Federal
Way.
Child Care Resources 1999/2000 Funding Level: $0
Resource and Referral Services 2001102 Request: $10,0001510,000
2001102 Recommendation: $0
Program Summary:. The agency provides two primary services - parent information and
referral, and provider training and technical assistance. Child care specialists (by phone) or
parents (by internet) conduct customized searches using a database of over 2,000 licensed
child care centers and homes. The program staff help parents problem-Solve many of the
barriers to finding quality car. e, such as finding subsidies or providers who offer sliding fee
scales. Free and Iow-cost training is provided to child care providers through workshops and
individual consultation and training. The goal of the assistance to child care providers is to
increase the quality and effectiveness of service. City funds would be used for program staffing
costs.
Recommendation: The Commission does not recommend funding for this program. In view of
other needs and the limited dollars available, the Commission did not feel this was a high
priority for funding.
Children's Therapy Center 1999/2000 Funding Level: $0
Therapy Assistance 2001102 Request: $8,448158,448
2001102 Recommendation: $4,000154,000
Program Summary: The Therapy Assistance Program helps families who have an infant or
young child with neurodevelopmental disabilities such as Spina Bifida, Cerebral Palsy, Down
Syndrome, and Autism in paying for medical services. Children with sensory impairments such
as deafness and blindness are also served. Treatment programs include physical and
occupational therapists, speech pathologists, pre,school special education teachers and family
resource coordinators. The goal is to help children with disabilities achieve maximum
independence so they can experience the same quality of life and opportunities as other
children do. This is accomplished by helping the children increase their muscle tone, balance
and strength plus their feeding and communication capabilities as needed. The majority of
children served by this program are between the ages of birth to three years. City funds would
be used for program staffing costs including physical, occupational, speech and feeding
therapists.
Recommendation: The Commission recommends funding this program at a level lower than
requested due to the limited funds available. The program provides critical medical support and
therapy to young children with disabilities. Human Services Strategy Addressed- Maintain
stable City funding for provision of effective self-sufficiency programs for targeted populations in
Federal Way.
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2001-02 HUMAN SERVICES GENERAL FUND RECOMMENDATIONS DETAIL
ElderHealth Northwest 199912000 Funding Level: $2,829~52,829
ElderHealth Connection 2001102 Request: $6,000156,000
Adult Day Health Services 2001102 Recommendation: $3,000153,000
Program Summary:. ElderHealth Connection provides adult day health care services to frail
seniors and their families. The program provides activities for program participants, respite for
their caregivers, and an alternative to an institutional setting. Clients receive meals, various
therapies, an interactive social setting, and daily attention to their health care needs. The
program has a sliding fee scale for their services. The Connection Program site is located in
Renton near Valley Medical Center. ElderHealth is actively seeking a location in Federal Way
or Auburn for a satellite site, in order to meet the increasing demand for adult day health
services in this area. City fu~nds would help subsidize the cost of care for Iow-income Federal
Way residents and would be used for program staffing costs.
Recommendation: The Commission recommends funding this program at an increased level.
This is the only adult day health program serving Federal Way and South King County. This
unique program addresses the needs of frail seniors and their caregivers. Human Services
Strategy Addressed - Maintain stable City funding for provision of effective self-sufficiency
programs for targeted populations in Federal Way.
Evergreen Club 1999/2000 Funding Level: $0
Human Services for 2001/02 Request: $17,4001517,400
Korean-American Seniors 2001102 Recommendation: $0
Program Summary: Evergreen Club - The Korean Seniors Program helps new elder
immigrants adjust to their new environment by teaching various English as a Second Language
(ESL) classes, citizenship test preparation, cultural enrichment sessions, and access to social
service programs through caseworkers. The program provides an ethnic meal and nutrition
services once a week, and ride services for those unable to drive or use public transportation.
The club has a 15-passenger van operated by a volunteer driver who is a club member. The
van is used to transport club members to the program each week and to community events.
City funds would be used for program staffing costs, maintenance of the program van, meals
and kitchen supplies.
Recommendation: The Commission does not recommend funding for this program. In view of
other needs and the limited dollars available, the Commission did not feel this was a high
priority for funding. The Commission also notes that there are programs providing similar
services to Federal Way residents including: senior meals, English as a Second Language
(ESL), senior case management services, and citizenship preparation programs.
South King County Multi-Service Center 199912000 Funding Level: $12,0001512,000
Literacy Program 2001102 Request: $12,0001512,000
2001102 Recommendation: $12,0001512,000
Program Summary:. The Literacy Program provides individual and small group tutoring for
adults seeking to increase their basic reading, writing and math skills. They also offer classes
for native and limited English speakers who need help reading, writing, basic math and
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2001-02 HUMAN SERVICES GENERAL FUND RECOMMENDATIONS DETAIL
speaking and/or understanding English. They offer General Education Development (GED)
and citizenship preparation classes, and work with businesses to provide work-related literacy
instruction. The goal is to help people achieve greater self-sufficiency and self-determination.
City funds would be used for program staffing costs.
Recommendation: The Commission recommends funding this program at the request level.
The program assists Iow-income residents improve their literacy and job related skills, which
increase their ability to find employment and self-sufficiency. The program has a track record of
providing quality services. Human Services Strategy Addressed- Maintain stable funding for
employment support services.
Washington Women's Employment & Educ. 199912000 Funding Level: $6,000156,000
Computer Applications for 2001/02 Request: $6,000~56,000
Career Development (CACD) 2001102 Recommendation: $6,000156,000
Program Summary: CACD is a six-week computer training and employment program that
increases employability and earning capacity of Iow-income residents. The training includes
database and spreadsheet management, business presentations, graphics, word processing,
and document production using the industry standard Microsoft software in a simulated
workplace environment. The program environment includes team-based work groups with
rotating leadership, time cards, monitored breaks, video-taped mock interviews with local
business leaders and assignments geared toward building a portfolio appropriate to
demonstrate skills during job interviews. After the class is completed, each participant receives
a full year of follow-up transition services and employment assistance from WWEE staff. City
funds would be used for program staff costs.
Recommendation: The Commission recommends funding this program at the request level.
This program works primarily with individuals moving from welfare to work. The course will
increase the computer competency of Iow-income residents, greatly enhancing their ability of
gaining employment, economic stability and self-sufficiency. In addition, the one-year of follow-
up services assists graduates in seeking, acquiring and retaining employment. Human
Services Strategy Addressed- Maintain stable funding for employment support services.
Washington Women's Employment & Educ. 199912000 Funding Level: $17,5001517,500
Job Readi ness/REACH 2001/02 Request: $17,5001517,500
2001/02 Recommendation: $17,5001517,500
Program Summary. REACH (Reaching Employability and Achieving Career Habits) helps Iow-
income Federal Way residents obtain economic self-sufficiency through employment
opportunities. The clients are primarily welfare-dependent single mothers. The program is a
three-week long class providing skills assessment, career exploration, employment search
techniques, life skills, and basic keyboarding and computer literacy. In addition, qualifying
participants are placed in a work experience ("WEX") at a non-profit or public agency for up to
three months allowing them to gain valuable work experience. The participants are monitored
by VVWEE staff for a minimum of one year to document the progress of program participants
and to assist with employment retention. City funds would be used for program staff costs and
direct assistance to program participants including gas vouchers, utility payments, and bus
tickets.
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2001-02 HUMAN SERVICES GENERAL FUND RECOMMENDATIONS DETAIL
Recommendation: The Commission recommends funding this program at the request level.
This program works primarily with individuals moving from welfare to work and seeks to
increase the abilities of Iow-income families to obtain employment that pays a livable wage. In
addition, the one-year of follow-up services assists graduates in seeking, acquiring and
retaining employment. Human Services Strategy Addressed - Maintain stable funding for
employment support services.
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2001-02 HUMAN SERVICES GENERAL FUND RECOMMENDATIONS DETAIL
GOAL 4 - STRONG NEIGHBORHOODS
Crisis Clinic 1999/2000 Funding Level: $3,060153,060
Telephone Services 2001102 Request: $5,000156,000
2001102 Recommendation: $3,000/$3,000
Program Summary:. Crisis Clinic provides a 24-hour crisis line and general community
information line for residents of King County. Trained volunteers on the Crisis Line offer
immediate confidential assistance to individuals dealing with suicide, depression, loneliness,
relationship/family crises, mental disorders, and other emotional health issues. Volunteers are
able to direct callers to emergency services and community resources. The volunteers of the
Community Information Line~ give callers access to a comprehensive database of community
resources. The majority of callers request assistance in locating services to meet their basic
needs - food, shelter, clothing, utilities, and financial assistance. City funds would be used for
program staff costs.
Recommendation: The Commission recommends funding this program at a level close to the
1999/2000 level. The Crisis Clinic telephone services are King County's first emergency
contact point for residents considering suicide and persons needing immediate support during
personal or familial crises. By calling one number, the individual can learn about and be
referred to any number of human service providers offering programs specific to their needs.
Human Services Strategy addressed- Support service models that strengthen linkages
between human services agencies and the community.
Federal Way Youth and Family Services 199912000 Funding Level: $0
Laurelwood Gardens Family Center 2001102 Request: $24,0001524,000
2001102 Recommendation: $0
Program Summary:. The program's goals are to enhance a sense of community, increase the
community's perception of safety, and to encourage use of family strengths. Family Center
programs include: homework clubs, a computer lab, English as a Second Language classes,
child care during class times as needed, young parent clubs, and supervised youth recreation.
Program volunteers and staff provide information and referral services for families who may
need other community resources. Services will be provided at the Laurelwood Gardens
Apartments, which is a King County Housing Authority complex. Residents are predominantly
Iow- and moderate-income and over 75% are immigrant families from Russia and the Ukraine.
City funds would be used for program staff costs.
Recommendation: The Commission does not recommend funding for this program. In view of
other needs and the limited dollars available, the Commission did not feel this was a high
priority for funding. The Commission also notes that there are other programs available to
Federal Way residents providing similar services including English as a Second Language
classes, parenting education, homework assistance, computer labs, and supervised youth
recreation.
Page 22 of 23
2001-02 HUMAN SERVICES GENERAL FUND RECOMMENDATIONS DETAIL
School-in-Lieu 199912000 Funding Level: $6,000/$6,000
School-in-Lieu 2001102 Request: $6,000~56,000
2001102 Recommendation: $0
Program Summary:. This program helps youth in the Federal Way School District who have had
difficulty adjusting to the classroom environment. The program serves junior high school youth
who are at risk for dropping out of school. The goal is to allow them time to cool off in a non-
threatening environment which resembles a classroom, but is one in which there are fewer
people to deal with while continuing their studies. Youth in the program have been suspended
from school for three to twenty days. The program helps these students keep up with their
classroom work and stay off the streets. City funds would be used for rent, utilities and
stipends for program volunte~ers.
Recommendation: The Commission does not recommend funding for this program. This all-
volunteer program has been operating for approximately three years. During that time, the
program has not been able to develop the community support and financial base needed to
sustain the program. In addition, the effectiveness of the program is not clear. In view of other
needs and the limited dollars available, the Commission did not feel this was a high priority for
funding.
World Vision Relief & Development 199912000 Funding Level: $7,000~57,000
KidREACH Program 2001102 Request: $11,5211515,000
2001/02 Recommendation: $7,000/$7,000
Program Summary:. KidREACH provides one-to-one tutodng and mentoring for students
attending six Federal Way elementary schools. Tutors and students meet weekly during the
school year. Teachers refer students to the program. The primary goal of KidREACH is to help
ensure the academic success of at-risk children by establishing a network of local faith-based
tutoring programs that partner with local schools to provide tutoring and mentoring services.
City funds would be used for program staff costs and related operating expenses for two sites,
and the costs of an annual "all,county" volunteer training session.
Recommendation: The Commission recommends funding this program at the 1999/2000 level.
This program recruits volunteer groups to provide mentoring and tutodng to elementary school
children. Outcomes demonstrate the program's effectiveness in helping children improve math
and reading skills and increasing self-esteem. Human Services Strategy addressed-
Implement neighborhood-enhanced models of service delivery which address basic needs,
public safety and self-sufficiency, and increase sense of community and strengthen
neighborhood support systems.
K:ICDHSIHSFUND/2001-02 FUND PLN.DOC
Page 23 of 23
ATTACHMENT 5
HUMAN SERVICES GOALS AND FUNDING STRATEGIES
From the Human Services Comprehensive Plan
Goal #1 Support basic human needs through funding of emergency services
· Maintain stable City funding for shelters and transitional housing services.
· Maintain stable City funding for food and clothing banks.
· Continue to support development of a youth transitional housing program in Federal
Way.
· Support use of City funds to increase capacity of emergency and basic medical and
dental services, or support related essential services not funded through other sources,
such as prescription medication.
· Allocate 37% of available human services funding to the basic need services described
in this section.
Goal #2 Support a strong service delivery system that increases public safety
· Maintain stable City funding for victim assistance services.
· Provide funding for effective intervention services for youth and families at risk of
violence, child abuse or neglect, or substance abuse.
· Support effective prevention and early intervention programs for families and youth that
include neighborhood-based and outreach services in the community.
Goal #3 Provide support that supplements federal, state, and county programs
designed to increase self-sufficiency and independence
· Maintain stable City funding for provision of effective self-sufficiency programs for
targeted populations in Federal Way.
· Maintain stable City funding for employment support services,, including child care
assistance.
Goal #4 Support service models that improve community-based collaborations and
build strong neighborhoods
· Implement previously listed strategies: neighborhood-enhanced models of service
delivery, and strengthen linkages between human service agencies and community
groups; to increase sense of community and strengthen neighborhood support systems.
K:\cdhs~2001-02allocatioons\HSFstrategies
ATTACHMENT 6
Components of Staff Review of Human Service Applications, 2001-02
Evaluation/Rating Components of Written Staff Review
General Instructions: Areas 1-3 are rated on a scale of 1-10, and Areas 4-5 are rated on a
scale of 1-5. The total points available are 40 for each application. Below is the rating scale
description and the questions considered in each review area.
Rating Scale:
0 = Does not address/meet criteria; 1/2 = Minimally addresses/meets criteria;
2/4 = Somewhat addresses/meets criteria; 3/6 = Adequately addresses/meets criteria;
4/8 = Effectively addresses/meets criteria; 5/10 = Above & Beyond/exceeds expectations.
1. Demonstrated Need and Effect of Project - How well does the applicant demonstrate
the need for this service? Does the project address the identified need? Are the service
projections and outcome measures realistic? Did the program meet 1999 contract
performance measures (if applicable)? Is the program on track to meet 2000 contract
performance measures?
2. Fiscal Evaluation - Is this program cost-effective? Does the agency have a diverse
funding base? What percentage of the budget does the request from Federal Way
represent? Is the agency requesting funding from all local jurisdictions served (if
available)?
Review revenues and expenditures for 1999, 2000 and 2001. Are budget increases
justified in expenses? Are any increases requested from Federal Way justified by either
- reduction in other funding sources, intent to increase level of service (with
corresponding increase in expenditures), documentation of reasonable increased costs?
If 2002 request is significantly larger, request back-up documentation (i.e. program
budget).
Is the request from the City at an appropriate level, given the program cost, the number
of residents to be served, and other agency's resources? Will the City be receiving a
good level of service for the amount requested? What percentage of the agency's
clients are Federal Way residents?
3. Capacity of Applicant -- Does the agency have an established track record in providing
this service? Describe the agency's experience, expertise, and resources in providing
this service. Describe the agency's ability and experience in securing and maintaining
long-term operating support from a diverse range of sources.
4. Use of Volunteers/Community Collaboration -- Does the agency utilize volunteers,
(where appropriate)? Does the agency's Board have Federal Way residents as
members? Does the agency coordinate with other service providers to avoid duplication
of services and ensure efficient use of resources?
5. Ability to Serve Diverse Populations -- Is the agency's client population reflective of
the City's population? What efforts does the agency make to reach the City's ethnically
and culturally diverse communities, (i.e. making brochures available in different
languages, hiring diverse staff, using interpreters)? What efforts does the agency make
to reach people with disabilities, (i.e. having a TDD, making materials available in
alternative formats, hiring staff with disabilities, using a sign language interpreter as
needed)?
6. Other - This space is used to note strong or weak points of application, as well as
issues and questions not addressed by the application. Also, note any recent notable
changes in agency administration, such as new agency director, where applicable.
K:\cdhs~2001-O2allocations\reviewcriteria0102
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: South 298'h Street Vacation Request
X CONSENT .z~x_RESOLUTION Amount Budgeted: $
ORDINANCE STAFF REPORT Expenditure Amt: $
BUSINESS PROCLAMATION Contingency Reqd: $
HEARING STUDY SESSION
FYI OTHER
ATTACHMENTS: Memo to the Land Use and Transportation Committee dated October 21, 2000; copy of map
of S 298th Street; and Public Works Staff Report on vacation of S 298th Street.
SUMMARY/BACKGROUND: As part of the Tresden Place Plat being developed by Sound Engineering, the
City of Federal Way has requested that South 298th Street be reconfigured so that it intersects perpendicular to
Military Road and connects directly across Military Road to a continuation of South 298th Street. The property
owners are requesting that the existing configuration of South 298th Street be vacated outside of the proposed right
of way. See the vicinity map in the attached staff report for the exact location.
Sound Engineering is developing the property which abuts the areas requested to be vacated, and is reconstructing
South 298th Street as a two-lane roadway, with curb and gutter, sidewalks, streetlights, landscaping strips, etc.
Granting the vacation as part of the reconstruction of South 298th Street would provide for better road design and
street connection to Military Road.
The petitioners have met all the applicable mandatory criteria, as well as the discretionary criteria required for
granting the vacation request. See the attached staff report for further details. Staff recommends granting the
vacation request.
CITY COUNCIL COMMITTEE RECOMMENDATION: At it's November 6, 2000 meeting the Land Use
and Transportation Committee forwarded the following items to the City Council:
1) Authorization to proceed with the street vacation request for South 298th Street.
2) Approval of the Resolution to fix the date and time of the public hearing, to be at the Council meeting on
December 4, 2000 at 7:00 p.m.
3) Approval of the street vacation request at the public hearing with the following conditions:
a) All existing utilities within the right of way area to be vacated must be relocated into the new right of
way or a utility easement must be granted over existing utilities.
b) The street vacation is subject to the completion of construction and City acceptance of the new street
alignment.
for South 298th Street. Further to approve the Resolution to fix the date and time of the public hearing, to be at the
Council meeting on December 4, 2000 at 7:00 p.m., and to approve the street vacation request at the public hearing
provided that all existing utilities within the right of way area to be vacated are relocated into the new right of way
or a utility easement is granted over existing utilities, and the street vacation is subject to the completion of
construction and City acceptance of the new street alignment.
.... ....................................................................................................
(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 #
k:\council\agdbills\2000\s 298 st vacation.doc
DATE: October 31, 2000
TO: Phil Watkins, Chair
Land Use and Transportation Committee
VIA: David H. Mo ager
FROM: Marwan Salloum, Street Systems Manag
SUBJECT: South 298th Street Vacation Request
BACKGROUND
As part of the Tresden Place Plat being developed by Sound Engineering, the City of Federal Way, in
conjunction with reviewing the proposed plat, has requested that South 298th Street be reconfigured so
that it intersects perpendicular to Military Road and connects directly across Military Road to a
continuation of South 298th Street. As a result, the property owners are requesting that the existing
alignment of South 298~h Street be vacated outside of the proposed right of way. See the vicinity map in
the attached staff report for the exact location.
Sound Engineering is developing the property which abuts the areas requested to be vacated, and is
reconstructing South 298th Street as a two-lane roadway, with curb and gutter, sidewalks, streetlights,
landscaping strips, etc. Granting the vacation as part of the reconstruction of South 298a~ Street would
provide for better road design and street connection to Military Road.
The petitioners have met all the applicable mandatory criteria, as well as the discretionary criteria
required for granting the vacation request. See the attached staff report for further details. Staff
recommends granting the vacation request.
RECOMMENDATION
Staff recommends placing the following items on the November 21, 2000 Council consent agenda:
1) Authorization to proceed with the street vacation request for soUth 298ti' Street.
2) Approval of the Resolution to fix the date and time of the public hearing, to be at the Council
meeting on December 19, 2000 at 7:00 p.m.
3) Approval of the street vacation request at the public hearing with the following conditions:
a) The property will be exchanged for property in which the re-aligned street will be located.
b) Ail existing utilities within the right of way area to be vacated must be relocated into the
new right of way or a utility easement must be granted over existing utilities.
~ c) The street vacation is subject to the completion of construction and City acceptance of the
new street alignment.
MS:jif
k:\lutc\2000\298stvac.doc
Applicant:
......... IqECEIVED
Public Works Oepartment Name: z
C,,¥o,.edera, Way JUL 2 12000 ~O[q '~'-~ ;/~'.' ~
33530 1st Way South Address: ~.
Street and/or Alley Vacation Application and Petition
Dear Mayor and Federal Way City Council:
We. the undersigned abutting property owners, hereby respectfully request that certain
_portions of 298th hereby be vacated. (General Location]
Brie~Statement Why Va~a~ioni~Be!nqSough!
The Cityof Federal Way is requiring the relocation of 298th as
shown in order to facilitate a better road design and better 90%
connection from 298th to Military Road. This reconfiguration
also allows for two additional single family residences to be
built on the vacated right of way..
R.~equlred Attachments
,~ 1. Verification as to ownership:
Copy of deed/contract, supported by King County tax toll description,
/(~ 2. Corporation/Partnership
lndivldual's authority to si~n on behalf of Corporation/Partnership shall be submitted.1
~ 3. Attach a color-~0'ded map of ~' scale of not less than 1 ' ,= 2.00' of the area sought for vacatio, n.
(NOTE: Map m~Jst correspond with legal description.]
Abutting Property Owners' Tax Lot #
S!gnatures and Addresses Lot, Block & ?lat/Sec, Twin RG
t~,~l ~,. ~' q~ooh
Appraisal Fee Paid T~easureds Receipt No.
La~ Value ~ald Treasurer's Receipt No.
Deed Accepted Date:
~rade Acc30ted Date:
,~_o~ TRESDEN PLACE PRELIMINARY PLAT LAYOUT
-~/,,rc~c. z,¢. A PORTION OF THE NE 114 OF SE 1/4 OF
o,,. o,.~.,,,,, ~ SEC. 4, IWP. 21N., RGE 4 E., W.M. KING COUSIn,
077
042104 9079 042104 9078~
29660 2920
04 9~80
2921 042104 9099
29811 ' ' -
2807 ::'
~ -- 72~20 ~25 ~: .... '
72~ 0015
~21
}::: ..: '
City of Federal Way
STAFF REPORT
TO THE LAND USE AND TRANSPORTATION COMMITTEE
PETITION FOR VACATION OF A PORTION OF SOUTH 298TM STREET
Federal Way File No. 00-103966-000-00-SV
DATE: October 31, 2000
PROPOSED ACTION: Petition for vacation of a portion of South 298th Street
PETITIONER: Sound Engineering, Inc.
LOCATION: See attached vicinity map, legal description and vacation map
REPORT PREPARED BY: John Mulkey, Street Systems Engineer
RECOMMENDATION: Grant Vacation
I. BACKGROUND
Sound Engineering has petitioned the City to vacate a portion of South 298t~ Street, to the east of Military
Road. See the vicinity map, legal description (Exhibit A), and accompanying map of the area to be vacated
(Exhibit B) for exact location. The right-of-way width in the area requested for vacation and re-alignment is
sixty (60) feet. The existing intersection of South 298th Street and Military Road is offset, with the western
portion located approximately eighty (80) feet to the north of the eastern portion. The street vacation is being
sought as a means to align the intersection of South 298th Street perpendicular to Military Road, and locating
the intersection directly across Military Road from a continuation of South 298th Street. This vacation is
being requested as part of a proposed development consisting of forty-six (46) lots north of South 298~
Street, and two (2) lots south of the proposed re-alignment of South 298th Street. The re-alignment of South
298~ Street will allow for the two additional single-family residences to be built in the vacated right-of-way.
There are two (2) properties located on the eastern end of South 298th Street, which do not abut the right-of-
way area to be vacated, but require South 298th Street for access. There is one property to the South of 298th
Street abutting the area to be vacated, which also requires South 298a' Street for access. The access to these
properties will be maintained through the re-alignment of South 298th Street.
II. COMPLIANCE WITH CRITERIA DESCRIBED IN THE CITY OF FEDERAL WAY
ORDINANCE NO. 91-107
A. Mandatory Criteria:
The following criteria are mandatory and must be met before a petition for a street vacation may be
approved:~
Criteria//lA - The vacation provides a public benefit or is for a public benefit. The benefit may
include economic or' business support that the community as a whole derives front the
abutting property owner.
October 31, 2000
S 298~h Street Vacation Staff Report
Page 2
The re-alignment and vacation of South 298th Street will locate the roadway so that the intersection is
perpendicular to Military road and aligned directly across Military Road from a continuation of South 298th
Street. These improvements will bring the intersection into compliance with safety standards of the city of
Federal Way, which allow the intersection angle to deviate from ninety (90) degrees by a maximum of
fifteen (15) degrees. The current intersection angle deviates frotn ninety (90) degrees by approximately
twenty-eight (28) degrees. The relocation of the South 298th Street to a position directly across from the
continuance of South 298th Street also eliminates conflicting movements for drivers who would travel
through the intersection to the east or west. It would eliminate two (2) tuning movements, allowing drivers
to proceed straight through the intersection. This is especially important with the expected increase in traffic
expected from the development of this area to approximately two hundred (200) vehicles per day. This re-
alignment has been requested by the Traffic Division as part of the approval process for this development.
Criteria//lB - The street, alley or portion thereof is no longer required for public use.
The street will be re-aligned with a hew right-of-way location, not abandoned. Therefore this criteria is not
applicable. Utilities will need to be relocated or an easement granted through the property if current
locations are to be maintained.
Criteria #lB - The vacation does not abut a body of water, such as a river, a lake, or salt water, except
for a public purpose such as a park or port facility and which reverts to a public authority.
This right-of-way is not located in the vicinity of a body of water, therefore this criteria is not applicable.
B. Discretionary Criteria:
Compliance with the following criteria is not mandatory, but the Council must consider them in making its
decision.
Criteria #2A - The vacation meets the intent of the City's Comprehensive Plan's general purposes and
objectives,
The City's Comprehensive Plan has a requirement of a sixty- (60) foot right-of-way for this classification of
roadway, which is what is called out in the proposed plans for the development. The re-aligned roadway
will provide access to the proposed development, which will be the construction of forty-eight (48) new
homes. The development will be high-density single family, as per the zoning criteria laid out in the City's
Comprehensive Plan.
Criteria #2B - The vacation provides for an exchange of public property in the public interest.
The right-of-way will be re-aligned so the property will be exchanged for property in which the street will be
located in an improved, safer location.
Criteria #2C - Whether conditions may so change itt the future as to provide a greater use or need than
presently exists.
Because the vacation is for re-alignment of South 298th Street to a new location, not abandonment, the
proposed'¥acation will provide for improved, safer future use to the area east of Military Road. Although the
City's Comprehensive Plan does not call for the placement of an underpass beneath Interstate 5 along South
298~' Street at this time, the proposed intersection re-alignment would make such an option more viable. By
re-aligning the intersection of South 298th Street and Military Road, the proposed re-alignment would
provide for continuous straight movement through the intersection, eliminating two (2) tuning movements as
is currently required.
October 3 !, 2000
S 298th Street Vacation Staff Report
Page 3
Criteria #2D - Whether objections to the proposed vacation are made by owners of private property
(exclusive of petitioners) abutting the same.
The two (2) property owners abutting the proposed vacation, Dick Butko and Chanthaboun Phasavath, have
both signed the Street and/or Alley Vacation Application and Petition and have raised no objections.
Criteria #2E - The vacation would not interfere with future development or access to other existing or
future developments.
Because the vacation of South 298th Street is proposed for re-alignment to an improved, safer location, not
abandonment, access to existing and future development would be improved, not diminished by the re-
alignment and vacation of the right-of-way. Access to properties east of Military Road along South 298th
Street must be maintained throughout the construction of the new roadway. Existing utilities, including
water, gas, overhead power, cable, and telephone, must be either relocated or granted an easement through
the property before vacation is allowed.
III. RECOMMENDATION
All criteria as set forth in Ordinance 91-107 for granting a street vacation have been met. The completion of
the re-alignment of South 298th Street will allow for the exchange of property with the vacation of the portion
of South 298th Street. Staff recommends the petition for street vacation of a portion of South 298th Street,
east of Military Road, be granted under the condition that the above noted utilities are either relocated or
granted easements through the property, and the re-location of South 298th Street is completed and accepted
by the City.
k:~streets\vacationXsouth 298th street~staff report 298th.doc
DEAFT
OF FEDERAL WAY, WASHINGTON, REGARDING VA~TION
OF A PORTION OF SO~H 298TH STREET IN THE
VICINITY OF THE INTERSECTION OF SO~H 298TH
STREET ~D MILIT~Y ROW, SETTING A PUBLIC
HE~ING FOR THE STREET VACATION.
WHEREAS, -a"proper petition has been filed requesting
vacation of a portion of South 298th Street, as it approaches
Military'Road from the East as described in Exhibit "A", a vicinity
map that identifies the proposed vacation and the legal description
for the vacation; and
WHEREAS, the petition contains the signatures of the
owners of at least two-thirds of the property abutting the portion
of South 298th Street proposed to be vacated; and
WHEREAS, the Petitioners are applying for plat approval
and are proposing the vacation in order to dedic.ate property
adjacent to the proposed vacation for purposes of realigning South
298th Street, so that the realigned street intersects Military Road
at a right angle and is aligned directly across Military Road from
the west extension of South 298~h Street; and
WHEREAS, the resulting realignment of South 298~ Street
will serve the public interest by removing turning movements for
Res. ~ , Page 1
automobiles traveling.on SoUth 298th Street as it crosses Military
Road and also by enhancing site distance at the intersection by
providing for a perpendicular intersection;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY HEREBY RESOLVES AS FOLLOWS:
Section 1. A public hearing on the aforesaid vacation
petition shall be h~l~ at the regular meeting of the Federal Way
City Council at 7:00 p.m. on December 19, 2000, in the Council
Chambers in the City Hall, 33530 1st Way South, Federal Way,
Washington. Said hearing date is not more than sixty (60) nor less
than twenty (20) days after the date of the passage of this
resolution.
Section 2. The City Clerk shall give at least twenty
(20) days notice of the hearing and cause the notice to be posted
as provided by law.
Section 3. The Public Works Director shall obtain the
necessary approval or rejection of, or other information from the
City departments, affected agencies, and utilities, fire and police
agencies, and shall transmit such information to the City Council
so that the m~tter can be considered by the City Council at the
publf~ hearing on December 19, 2000.
Res. ~__, Page 2
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 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, MIKE PARK
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
Res. ~ , Page 3
INTERIM CITY ATTORNEY, ROBERT STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
k: \reso\vacate. tresden
Res. #__, Page 4
~1 I
,I
A ~ ~ J I 5
L
III ~ I I
~. ~7 J I
-I-I --
VACA[D ~
PORTION OF THE NE 114 OF SE 1/4 OF
MEETING DATE: November 21, 2000 ITEM# ~'"-- (&0,.)
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: SILVERWOOD 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: Draf~ City Council resolution for adoption of the preliminary plat; staffmemo to City
Council Land Use/Transportation Committee dated October 31, 2000; Hearing Examiner Report and
Recommendation dated October 9, 2000; Hearing Examiner Clarification of Decision dated October 31,
2000; staff report to the Hearing Examiner dated July 28, 2000; all written public correspondence received
on the application. A notebook including all exhibits from the staff report to the Hearing Examiner is
located in the City Council office.
SUMMARY/BACKGROUND: Request for preliminary plat approval for a 70-lot residential cluster
subdivision pursuant to Federal Way City Code (FWCC) Chapter 20 (Subdivisions). The proposed
Silverwood preliminary plat is generally located south and west of the intersection SW 360th street and 8m
Avenue SW.
CITY COUNCIL COMMITTEE RECOMMENDATION: On November 6, 2000, the Land Use/
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.
CITY MANAGER RECOMMENDATION: Motion to approve resolution for adoption of the
Silverwood preliminary plat application.
APPROVED FOR INCLUSION IN COUNCIL PACKET: (~~Xx
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED COUNCIL BILL #
DENIED 1 st Reading
TABLED/DEFERRED/NO ACTION Enactment Reading
ORDINANCE #
RESOLUTION #
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE PRELIMINARY PLAT OF SILVERWOOD,
FEDERAL WAY FILE NO. SUB98-0006.
WHEREAS, the~applicant Novastar Development Inc., applied to the City of Federal Way for
preliminary plat approval to subdivide certain real property known as Silverwood and consisting of 29.55
acres into seventy (70) single family residential lots located South and west of the intersection of SW 360th
Street and 8th Avenue SW; and
WHEREAS, on February 17, 2000, an Environmental Mitigated Determination of
Nonsignificance (MDNS) was issued by the Director of Federal Way's Department of Community
Development Services pursuant to the State Environmental Policy Act (SEPA), RCW 43.21 C; and
WHEREAS, on March 17, 2000. Charles Connon and Bernard Mottersheadfiled an appeal of
the SEPA environmental mitigated determination of nonsignificance; and
WHEREAS, on March 20, 2000, Michael Gendler on behalf of Roy Parke filed an appeal of
the SEPA environmental mitigated determination of nonsignificance; and
WHEREAS, on September 20, 2000, Michael Gendler on behalf of Roy Parke withdrew the
appeal of the SEPA environmental mitigated determination of nonsignificance; and
WHEREAS, pursuantto Federal Way City Code Section 20-115, the SEPA appeal hearing and
preliminary plat application open record hearing shall be held simultaneously; and
WHEREAS, at the applicants request, the Federal Way Land Use Hearing Examiner on
August 4, 2000, continued the public hearing until September 25, 2000, concerning the Silverwood
preliminary plat and the SEPA appeal; and
RES # PAGE ~ EXHIBIT=.
WHEREAS, following the conclusion of said hearing, on October 9, 2000, the Federal Way
Land Use Hearing Examiner issued a written Report and Recommendationcontainingfindings, conclusions,
and recommending approval of the preliminary plat of Silverwoodsubjectto conditions set forth therein; and
WHEREAS, following the conclusion of said hearing, on October 9, 2000, the Federal Way
Hearing Examiner issued a written Report and Decision containing findings and conclusions denying the
SEPA environmental appeal of Charles Connon and Bernard Mottershead; and
WHEREAS, no appeal of the Hearing Examiner decision on the SEPA environmental appeal
was filed, and the SEPA appeal period expired on October 23, 2000, and
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 November 21, 2000, the City Council considered the written record and the
Report arid Recommendation of the Hearing Examiner on the Silverwood preliminary plat, 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.
RES # , PAGE 2
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, transit stops, potable water supplies, sanitary
waste, parks and recreation, play grounds, schools and schools grounds, and ali 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.
3. The public use and interest will be served by the preliminary plat approval granted
herein.
Section 2. Application Approval. Based upon the recommendationofthe Federal Way Land
Use Hearing Examiner and findings and conclusions contained therein as adopted by the City Council
immediately above, the preliminary plat of Silverwood, Federal Way File No. SUB98-0006 is hereby
approved, subject to conditions as contained in the Recommendation of the Federal Way Land Use Hearing
Examiner dated October 9, 2000 (Exhibit A).
Section 3. Conditions of Approval Integral. The conditionsofapproval of the preliminaryplat
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.
RES #__., PAGE 3
Section 4. Severability. If any section, sentence, clause, or phrase of this resolutionshould be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or
phrase of this resolution.
Section 5. Ratification. Any act consistentwith the authorityand prior to the effective date of
the resolution is hereby ratified and affirmed.
Section 6. Effective Date. This resolution shall be effective immediatelyupon 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
ATrEST:
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.
L:VgS~Savc\91645835.DOC
RES # , PAGE 4
CITY OF FEDERAL WAY
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
MEMORANDUM
TO: City Council Land Use and Transportation Committee
Phil Watkins, Chair
FROM: Jim Harris, Senior Plan ~---~~'
VIA: David Mo~nager_
RE: Preliminary Plat' of Silvenvood
Application No. SUB98-0006 (Related File No. SEP98-0042)
DATE: October 31, 2000
I. STAFF RECOMMENDATION
Staff recommends the Land Use and Transportation Committee forward to the City Council a
recommendation approving the Silverwood preliminary plat with conditions, based on the findings
and conclusions in the October 9, 2000, Hearing Examiner Report.
II. SUMMARY OF APPLICATION
The applicant requests approval of a 70-lot residential cluster subdivision, as provided for under
Federal Way City Code (FWCC) Chapter 20, "Subdivisions," subject to City Council approval.
III. 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 for review
and recommendation prior to review by the full Council.
IV. HEARING EXAMINER'S RECOMMENDATION
On October 9, 2000, the Federal Way Hearing Examiner issued a report and recommendation
(enclosed) to approve the proposed preliminary plat. The Hearing Examiner's recommendation
includes conditions recommended by staff. The Examiner's recommendation was issued following
consideration of a staff report (enclosed) and testimony presented at a September 25, 2000, public
hearing subject to the following conditions:
City Council Land Use and Transportation Committee
Preliminary Plat of Silverwood
Page 2
October 31, 2000
1. Final plat approval shall require full compliance with drainage provisions set forth in the
FWCC. Compliance may result in reducing the number and/or location of lots as shown on the
preliminary approved plat.
A. Drainage plans and analysis shall comply with the 1998 King County Surface Water
Design Manual (KCSWDM) and amendments adopted by the City of Federal Way. City
of Federal Way approval of the drainage and roadway plans is required prior to any
construction.
B. The runoff control facilities within Silverwood shall be located in a separate Tract A,~
landscaped to allow for appropriate maintenance of the facility, and dedicated to the City
of Federal Way. Tract B at the plat entrance shall be owned, landscaped, and maintained
by the homeowners association. A landscape plan for Tract B shall be submitted to the
City for review and approval as part of the plan.
C. Stormwater quality treatment shall be provided using the basic water quality menu
options of the 1998 KCSWDM, as amended by the City of Federal Way. Eighth Avenue
SW and SW 360t~ Street shall be retro fitted to provide water quality in accordance with
the FWCC.
D. The off-site Bellacarino Tract A, or other over-excavation, shall be designed and
constructed in accordance with the KCSWDM to accommodate the additional runoff
volume from the Silverwood development. Alternatively, the applicant may utilize the
City's proposed SW 3562 Regional Detention Facility, if established prior to the
applicant's construction of Silverwood plat improvements and if use oft he Regional
Detention Facility is approved by the Public Works Director.
E. The applicant has voluntarily proposed and preliminarily designed the Silverwood Tract
A storm drainage pond to accommodate the Rosewood Lane preliminary plat.
F. The Bellacarino Woods Pond shall be fenced with a six-foot chain link fence (black,
vinyl-coated) Type 1, and landscaped.
G. An 6asement in favor of the City shall be executed over the entire Silverwood Tract B for
ingress, egress, and utilities.
2. The applicant shall be required to construct all storm drainage improvements necessary to
mitigate all identified conveyance problems that are impacted by the Silverwood plat, whether
existing at the time of preliminary plat approval or resulting from the plat's development, as
identified during engineering plan review, as required by the Public Works Director.
Engineering approval shall not be granted if it is determined that proposed mitigation is not
adequate to address the impacts of the project.
City Council Land Use and Transportation Committee
Preliminary Plat of Silverwood
Page 3
October 31, 2000
3. The final plat drawing shall establish the usable open space in an open space tract to be owned
in common and maintained by property owners of the proposed subdivision, and prohibiting
removal or disturbance of vegetation and landscaping within the tract, except as necessary for
maintenance or replacement of existing plantings and as approved by the City. Additional
vegetation may be located in open space tracts to meet the Mitigated Determination of
Nonsignificance (MDNS) conditions as approved by the City. A note shall be included on the
final plat map that the open space tracts shall not be developed with any buildings, and may
not be used for financial gain.
4. Prior to issuance of construction permits, a final landscape plan, prepared by a licensed
landscape architect, shall be submitted to the City for approval, and shall include the following
elements:
A. Open space landscaping in Tracts B and F;
B. Street trees in right-of-way landscape planter strips;
C. Tree preservation plan; and
D. Visual screening of the silverwood Tract A from adjacent right-of-ways with landscaping
and/or fencing. Cyclone fencing, if used, shall be coated black or green, and shall be
screened by vegetation.
5. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS),
as amended by the City of Federal Way for this project, including the following requirements:
A. SW 360th Street shall be improved along the frontage of the project as a Minor Collector,
half-street improvement. Improvements will include dedication of 32 feet of new right-of-
way to combine with the existing 30 feet of right-of-way for a total of 62 feet. The
existing pavement shall be extended an additional 18 feet south from the existing right-of-
way, and improved with a vertical curb and gutter, four-foot planter strip, street trees,
streetlights, and six-foot wide sidewalk. Where the applicant is proposing to regrade the
profile of SW 360~ Street along the eastern 200 feet of frontage, the improvements shall
include 36-foot pavement width, and curb and gutter on both sides. (The planter strip and
sidewalk shall be required on the south side only.)
B. Eighth Avenue SW within the plat shall be improved as a Minor Collector. This includes
62-foot wide right-of-way and 36-foot wide pavement width, curb and gutter, four-foot
planter strips, and six-foot wide sidewalks on both sides of the roadway, streetlights, and
street trees. The sidewalk on the east side shall be extended to the intersection of SW
360°~ Street.
City Council Land Use and Transportation Committee
Preliminary Plat of Silverwood
Page 4
October 31, 2000
C. SW 361st, SW 363rd, and SW 365th Streets shall be improved as local streets, which
include 52-foot wide right-of-way and 28-foot pavement width. Vertical curb and gutter,
four-foot planter strips, and five-foot wide sidewalks shall be provided on both sides of
the street. Streetlights and street trees shall also be provided.
D. Prior to final plat approval, signage shall be installed on all temporary cul-de-sac
barricades as required by the Public Works Director. The signage shall be a minimum
size of three feet by three feet, with three-inch letters, and state, "This street is planned
for future extension by future development. For more information, contact the City of
Federal Way Public Works Department at 253-661-4131 ."
E. Tracts C, L, I, J, and M shall be improved to the private access tract standard and shall be
limited to serving a maximum of four lots. The lots that abut these tracts for access shall
have undivided ownership of the tract and be responsible for its maintenance. The
maintenance agreement for the private access tracts shall be included on the plat and the
language approved by the City. Improvements shall include a 36 foot tract width and 20
foot pavement width. Vertical curb and gutter and five foot wide sidewalk without planter
strips shall be provided on one side. Tract length shall be limited to a maximum of 150
feet from face of curb to end of tract, unless a 90 foot diameter turnaround is provided.
F. 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.
6. Clearing for the construction of the plat improvements (roads, pond, utilities, and lots 1 2, 33,
34, 38 - 42, 54 - 65, 69, and 70) shall be generally consistent with the clearing limits depicted
on the Preliminary Road Grading, Storm Drainage, Water Main, and Sanitary Sewer Plan,
Sheet 2 of 8, that was prepared by the applicant for the preliminary plat process. The clearing
limits referenced above are the approximate clearing limits necessary for road, utility, pond,
and necessary lot grading, and may be modified with the approval of the Community
Development Services and Public Works Departments during final engineering plan review as
required to reflect changes in road and utility designs, if any. The remaining clearing necessary
for lot development will be done at the time of house construction on the lots.
7. Lot 54 shall be reconfigured on the final plat map to attach the long narrow strip of land
presently identified as part of lot 54 to the adjacent Tract D.
V. PROCEDURAL SUMMARY
June 21, 1996 Date of application for 5 l-lot Si iverwood preliminary plat.
January 6, 1998 Federal Way City Council amends subdivision chapter and cluster plat
provisions.
City Council Land Use and Transportation Committee
Preliminary Plat of Silverwood
Page 5
October 31, 2000
September 30, 1998 51-lot plat application withdrawn by applicant.
October 6, 1998 Date of application for Silverwood 70-lot cluster subdivision.
November 3, 1998 Date application determined complete.
November 4, 1998 Notice of application issued.
February 17, 2000 Environmental determination issued.
March 17, 2000 Environmental determination appeal submitted by Charles Connon and
Bernard Mottershead as co-appellants.
March 20, 2000 Environmental determination appeal submitted by Michael Gendler,
representing Roy Parke.
July 17, 2000 Notice of August 7, 2000, Public Hearing issued on preliminary plat review
and environmental appeal.
August 4, 2000 Hearing Examiner continues Public Hearing until September 25, 2000, at
applicants request.
September 20, 2000 Michael Gendler on behalf of Roy Parke withdrew environmental appeal.
September 25, 2000 Hearing Examiner Public Hearing.
(Pursuant to FWCC Section 22-126, the Hearing Examiner issues a
recommendation to the City Council.)
October 9, 2000 Hearing Examiner issues recommendation of conditional approval of
preliminary plat to the City Council and denies environmental appeal.
November 6, 2000 City Council Land Use and Transportation Committee meeting.
(This committee forwards a recommendation to the full Council for a
decision at a public meeting [see Section VII, below].)
VI. DECISIONAL CRITERIA
Pursuant to FWCC Section 20-127, the scope of the City Council review is limited to the record of
the Hearing Examiner public hearing; oral comments received at the public meeting (provided these
do not raise new issues or information not contained in the Examiner's record); and the Examiner's
report. These materials shall be reviewed for compliance with decisional criteria set forth in FWCC
Section 20-126(c), as noted below:
City Council Land Use and Transportation Committee
Preliminary Plat of Silverwood
Page 6
October 31, 2000
1. Consistency with the Federal Way Comprehensive Plan;
2. Consistency with all applicable provisions of the Federal Way City Code, including those
adopted by reference from the comprehensive plan;
3. Consistency with the public health, safety, and welfare;
4. Consistency with the design criteria listed in section 20-2; and
5. Consistency with the development standards listed in sections 20-151 through 157, and 20-178
through 20-187.
Findings for determining that the application is consistent with these decisional criteria are set forth
on pages 3-8, of the Hearing Examiner's report and recommendation.
VII. COUNCIL ACTION
By action approved by a majority of the total City Council, and pursuant to FWCC Section 20-
127(c), the City Council may, after considering the Hearing Examiner's recommendation, adopt or
reject the recommendation; and may require or approve a minor modification to the preliminary
plat, pursuant to FWCC Section 20-127(d). Enclosed is a draft resolution recommending approval
of the proposed application as recommended by the Hearing Examiner. Subject to a
recommendation by the Land Use and Transportation Committee, this resolution will be included in
the November 21, 2000, City Council agenda packet.
EXHIBITS
A. HEARING EXAMINER REPORT AND RECOMMENDATION, OCTOBER 9, 2000
B. STAFF REPORT TO HEARING EXAMINER, AUGUST 7, 2000*
C. CITY COIJNCIL DR~FT RESOLUTION FOR PRELIMINARY PLAT APPROVAL
* Note: Not all copies of staff reports include all exhibits as listed. A full packet including all exhibits to the Hearing
Examiner is located in the City Council office.
L :\CS DCS[D)CSkSAVEk91461297 DOC
OFFICE OF THE HEARING EXAMINER
IN THE MA'FI-ER OF: ) ~~r~ o~ F*-~ra~ ~y
) FWHE# 00-1 -2 ~
PRELIMINARY PLAT OF SILVERWOOD ) SUB 98-0006
)
)
PROCESS IV )
)
· I. SUMMARY OF APPLICATION
The applicant requests preliminary plat approval to allow a 70 lot residential lot
cluster subdivision as provided for under Federal Way City Code (FWCC) Chapter 20,
Subdivisions; and requirin9 approval for pursuant to FWCC Section 20-110.
II. PROCEDURAL INFORMATION
Hearing Date: September 25, 2000
Decision Date: October 9, 2000
At the hearing the following presented testimony and evidence:
1. Jim Harris, Senior Planner, City of Federal Way
2. Caw Roe, Director of Public Works, City of Federal Way
3. Bob Sterbank, Deputy City Attorney, City of Federal Way
4. Tom Barghausen, applicant, Nova Star Development, Inc., 18215 72"d Ave.
South, Kent, WA 98032
5. Terry Brink, attorney for applicant, P.O. Box 1157, Tacoma, WA 98401
6. Charles Connon, appellant, 35530 6th Ave. SW, Federal Way, WA 98023
7. Bernard Mottershead, appellant, 708 SW 357th St., Federal Way, WA 98023
8. Ronald Lilley, 35615 6th Ave. SW, Federal Way, WA 98023
9. Patricia Owen, 926 SW 356th St., Federal Way, WA 98023
1
[XHII IT_. , ...- -., ..... -
10. Michael Rutter, 36619 6t~ Ave. SW, Federal Way, WA 98023
11. David Moore, 35817 10t~ Ave. SW, Federal Way, WA 98023
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1. Staff Report with all attachments
2. Rosewood Lane Staff Report and attachments
3. Environmental Appeals
4. Power Point Presentation
5. Letter from John Davis
6. Letter from Alma Bennett
7. Revised conditions
8. Letter from Ray Parke withdrawing appeal
9. HSPF Analysis dated 8-3-00 (revision)
10. Poster board of SW 356t~ storm water facility
11. Terry Brink's Letter Memorandum
12. Letter from David Kaplan
13. Drawings for Silverwood submitted by Terry Brink
14. Drawings for Rosewood Land submitted by Terry Brink
15. Letter from Department of Fish and Wildlife dated December 2, 1999
16. Charles Connon's comments
17. Photos submitted by Barghausen Engineering
18. Wide angle photo submitted by Bernard Mottershed
19. Large photos submitted by Barghausen Engineering
20. Petition submitted by Michael Rutter
21. Bernard Mottershead's supplemental submission
22. Exhibit showing pipe under 356th St.
23. Document - Affidavit of Distribution
24. Sign Installation Certificate
25. Document Affidavit - September
26. Page 1-57 of the 1998 Surface Water Manual
27. Page 1-35 of the 1998 Surface Water Manual
28. Public Notice (yellow sheet) published on City Hall doors
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. A Mitigated Environmental Determination of Nonsignificance (MDNS) was issued
by the City of Federal Way for the proposed action on February 17, 2000. This
determination was based on review of information in the project file, including the
environmental checklist, and staff evaluation of the environmental checklist for
Silverwood resulting in the conclusion that the proposal would not result in probable
significant adverse impacts on the environment provided the applicant complies with
the mitigation measures in the MDNS. The city received two timely appeals of the
SEPA MDNS. Pursuant to FWCC Section 20-115, the SEPA appeal hearing and
preliminary plat application hearing shall be held simultaneously. The staff report
to the Hearing Examiner on the SEPA appeal is under separate cover.
4. All appropriate notices were delivered in accordance with the requirements of the
Federal Way City Code (FWCC). While the environmental appellants challenged the
notice, exhibits in the record establish that the City properly published, posted, and
mailed notice of the original scheduled August hearing in the month of July.
Following the Examiner's continuance of the hearing based upon the applicant's
3
request the City posted a notice of the continuance and the new hearing date and
time on the doors of City Hall. The City also mailed a new notice of the time and
date of hearing to all property owners within 300 feet of the site and to parties of
record.
5. The applicant has a possessory ownership interest in an "L" shaped, 29.55 acre,
unimproved parcel of property located south of SW 356th St. at the terminus of 8th
Ave. SW. The applicant requests preliminary plat approval of a clustered
subdivision with a minimum lot size of 4,800 square feet and an average lot size of
5,785 square feet.
6. The preliminary plat'map shows that the applicant will extend 8"' Ave. SW south and
west through the site to the south property line, and will also extend SW 361st St.
from the east to the west property line. Cul-de-sac roads extending north and south
of 8th Ave. SW will ensure provision of internal access to all lots. Tract A, a 54,362
square foot parcel located at the intersection of 8t~ Ave. SW and SW 360th St., will
contain a storm drainage pond sized to accommodate runoff from both the
Silverwood parcel and the adjacent nine lot plat of Rosewood Lane. Rosewood
Lane will extend 361st St. from 6th Ave. SW to the east property line of Silverwood.
7. The west half of the base of the "L" will remain in permanent open space as it
contains wetlands and wetland buffers. A wetland and buffer will also be preserved
in the southeast corner of the parcel in Tract D containing 103,222 square feet.
Approximately 47% of the parcel will remain in open space.
8. The site and parcels to the north and west are located within the Sin~jle Family High
Density designation of the Federal Way Comprehensive Plan, while properties to
the south and east are located in the Single Family Medium Density Designation.
The site and parcels to the north and west are within the RS-9.6 zone classification
which authorizes single family residential dwellings as outright permitted uses on
minimum 9,600 square foot lot sizes. Parcels to the south and east are in the RS-
15.0 zone classification which authorizes single family residential dwellings on
minimum 15,000 square foot lot sizes.
9. The applicant originally submitted a completed application for a 51 lot traditional
subdivision in compliance with the RS-9.6 zone classification on June 21, 1996. On
January 6, 1998, the Federal Way City Council adopted Section 20-154 of the
Federal Way City Code (FWCC) which authorized cluster subdivisions. The
applicant then withdrew the original application and resubmitted a completed
application for a 70 lot cluster subdivision which the City deemed complete on
November 3, 1998.
10. Section 20-154(a) FWCC allows cluster subdivisions in order to promote open space
and to protect natural features such as wetlands and other environmentally sensitive
areas. The code allows an applicant, to reduce lot sizes and locate the lots in
"clusters" on the site on non-sensitive portions of a site, while maintaining sensitive
areas in open space. Section 20-154(b) FWCC authorizes reduction of lot sizes up
to one-half of the size authorized by the underlying zone classification, but in no
case less than 3,600 square feet. The applicant's proposed minimum lot size of
4,800 square feet equals 50% of the minimum 9,600 square foot lot size authorized
by the RS-9.6 zone classification. The size of the parcel would allow 87 lots in a
clustered subdivision, but the applicant requests only 70.
11. The primary objection to approval of the preliminary plat and the subje, ct of the
environmental appeal concerns storm water management. The environmental
appellant asserts that development of the plat will create flooding at various
locations between the plat storm drainage pond and at the ultimate destination for
the storm water, a closed depression in the Bellacarino Woods subdivision
designated as Tract A. The applicant proposes to collect all storm water from
impervious surfaces in both the Silverwood and Rosewood Lane plats, direct it to
the storm drainage pond at the northeast corner of the Silverwood plat, and then
discharge the water to a natural drainage system which flows to Tract A in the
Bellacarino Woods subdivision. The applicant has received permission from both
the City Public Works Department and the owner of Tract A to excavate Tract A to
a sufficient depth to accommodate storm water from the two plats. The applicant
has also acquired a parcel of property adjacent to Tract A owned by Roy Parke (an
environmental appellant represented by attorney Mickey Gendler who subsequently
withdrew his environmental appeal). In addition to Tract A the applicant may
excavate the Parke property to accommodate storm water. Finally, the City of
Federal Way may acquire additional parcels surrounding Tract A for the purpose of
converting the area into a regional storm facility. The applicant will have the
opportunity to use either Tract A and the Parke property or the regional facility when
constructed.
12. The applicant will construct a two cell, detention/water quality, wet pond of sufficient
size to accommodate storm water runoff from the two plats. Storm drainage facilities
also include settling areas to reduce sediment and preserve the infiltration
properties of Tract A. Stormwater will also be directed through a bioswale before
discharge, and the applicant will fence and landscape the excavated portion of the
Tract A/Parke property. The applicant originally calculated the volume for the
original 51 lot plat, but then reevaluated the volume using the HSPF method for the
70 lot clustered subdivision. While concerns were raised regarding high
groundwater and inadequate separation from the bottom of the pond, the Public
Works director testified that groundwater is not an issue; that the applicant is
authorized to excavate to an elevation of 311 feet; that the code authorizes a
minimum three foot separation between the bottom of the pond and the highest
5
groundwater; and that the closest the groundwater will get to the bottom of the pond
is seven feet. While concerns were raised that the pond has no natural overflow, the
director testified that the pond has an outlet at elevation 318.91 feet, but the City
has no evidence that water has ever overtopped the outlet. Residents in opposition
presented no expert testimony contradicting the applicant's and the City's experts.
13. Concerns were raised that the south portion of the plat presently drains to the
Hylebos waterway and that directing plat water to the noah will eliminate said flow
and adversely impact salmon. The director testified that the storm drainage plan
shows that the south part of the plat will continue to drain to the south while the
balance will go noah to the closed depression.
14. Testimony asserted that the applicant could not use the Bellacarino Woods
depression since the City has not accepted the pond. As previously found, the
applicant has secured approval of the owner of the pond and the City to direct its
storm water thereto. Furthermore, the natural flow from the area is to the closed
depression and the applicant has a right to discharge its water to the existing
natural drainage. At the present time, the City is evaluating the Bellacarino Woods
pond and is holding a maintenance bond to verify that it is working. The pond is
complete and acceptance by the City does not affect the completion date.
15. Concerns were also raised regarding downstream flooding between the Silverwood
subdivision and the Bellacarino Woods closed depression. Testimony by the City
and the applicant established that flooding is likely caused by inadequate storm
drainage facilities installed in the past. The applicant will improve some of these
facilities during plat construction which will alleviate some of the downstream
flooding. The release rate from the storm drainage pond will ensure that the storm
water will not discharge to the drainage swale at an increased rate.
16. The AIderwood gravelly sandy loam soils underlying the site will support a clustered
subdivision as they are deemed capable of supporting urban development as their
properties include slow runoff and slight erosion hazards. The topography rises
gradually from noah to south and has no steep slopes or other geologically
hazardous areas.
17. The site is heavily wooded with second growth forest and a dense understory of
shrubs. Construction of the plat will require clearing approximately 46% of the site
and will result in the removal of approximately 46% of the significant trees on site
(157 of 354). The applicant must submit and obtain approval of a tree clearing plan
and landscape plan pursuant to Section 20-158 FWCC.
18. Terra Associates, Inc., the applicant's wetlands expert, identified four wetlands on
the site. The City's wetland consultant, Adolfson Associates, Inc., reviewed the
6
Terra Associates report and concurs with the delineations. The site plan shows that
all improvements and land surface modifications will occur at least 100 feet from all
wetlands. The applicant will preserve and protect said wetlands with minimum 100
foot wide buffers. An MDNS mitigating measure requires fencing and signing of all
wetlands.
19. Terra Associates, Inc., also conducted a series of wildlife and habitat evaluations
on the Silverwood parcel which were reviewed and approved by Adolfson
Associates. Based upon letters asserting the presence of a red tailed hawk, the
applicant also submitted a wildlife reconnaissance report on November 19, 1999,
(Exhibit S-9) which establishes that no nests exist on the site for medium or large
raptors. The Terra ~:eport identified evidence of foraging by a pileated woodpecker,
a candidate species for the threatened or endangered species list. While the site is
much too small to support pileated woodpeckers, SEPA mitigating measures require
the creation of nine snags within the permanent open space areas to compensate
for those removed by plat construction. Impacts on wildlife are mitigated through
preservation of approximately 14 acres as permanent open space.
20. The site is located within the southern portion of the city in a single family residential
area. Parcels to the 'north are generally developed with single family residences on
lots ranging between 9,000 and 30,000 square feet, while to the east single family
dwellings are located on lots ranging from 15,000 square feet to four acres. Single
family dwellings on large lots are also to the south. The cluster development will
allow substantially smaller lots than presently exist in the area, but many of the lots
are buffered from abutting development by the wetland buffer. Furthermore, this
area of the city is in transition from large lots to developments in accordance with
the RS-9.6 zone classification.
21. Concerns were raised that the City COuncil has placed a moratorium on cluster
development and that Silverwood should not be allowed. However, the ordinance
establishing the moratorium vests all completed applications for cluster
subdivisions. Furthermore, RCW 58.17.033 states in pertinent part as follows:
A proposed division of land, as defined in RCW 58.17.020, shall be
considered under the subdivision or short subdivision ordinance,
and zoning or other land use control ordinance, in effect on the
land at the time a fully completed application for preliminary plat
approval of the shod subdivision...has been submitted to the
appropriate.., city.., official.
Thus, State law also requires the City to consider the present application for a
cluster subdivision. Section 20-153 FWCC sets forth the formula by which an
applicant determines the maximum number of lots which can be created in a cluster
'7
subdivision. Said formula requires subtraction of 15% of the site for open space
and 20% of the site for streets. Calculations show that the applicant could obtain a
maximum of 87 lots on the site, but has requested 70.
22. Section 20-154(e) FWCC requires a cluster subdivision to provide at least 15% of
the site as usable open space, and 15% of the present site calculates to 193,091
square feet. The applicant proposes 195,595 square feet within Tracts F and K
located in the northwest and southwest portions of the plat. The applicant will
improve Tract F with an irrigated open lawn play area, children's tot lot, bench
seating, picnic tables, and a gravel pathway. Tract K will provide a pedestrian
pathway from an internal plat cul-de-sac to SW 360t~ St.
23. The applicant will construct sidewalks along all street frontages and half street
improvements on SW 360th St. which will include a six foot wide sidewalk and four
foot wide planter strip on its south side.
24. The applicant submitted a Traffic Impact Analysis (TIA) prepared by Transpo Group,
a qualified traffic engineering firm. The City's traffic engineer reviewed the TIA and
concluded that the proposed street layout is consistent with adopted City codes and
the comprehensive plan. The applicant will improve 8"' Ave. SW within the plat as
a minor collector which will include a 62 foot wide right-of-way and 36 foot wide
pavement width with curb, gutter, four foot wide planter strip, and six foot wide
sidewalks on both sides. The balance of the internal plat roads will be improved as
local streets. Mitigating measures in the MDNS require off-site traffic mitigation in
the nature of a prorata share contribution of $118,200 to off-site traffic improvement
projects, and the improvement of 8~' Ave. SW between the plat entry and SW 356~
St. to minor collector standards.
25. School aged children residing in the plat will attend Enterprise Elementary, Illahee
Junior High School, and Federal Way High School. The district will bus elementary
and senior high school students, but junior high school students will walk to Illahee
Junior High. Safe walking condition's will be provided by the construction of on-site
sidewalks and a sidewalk along 8t~ Ave. SW between SW 360"' and SW 356t~. The
applicant must also comply with the City School Impact Fee Ordinance and make
a payment of $2,383 per single family housing unit.
26. The Lakehaven Utility District has provided a certificate of water availability
confirming that it will provide both potable water and fire flow to the site. The
Lakehaven Utility District has also issued a certificate of sewer availability
confirming that it can serve all lots with sanitary sewers.
27. 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
8
criteria are hereby made as follows:
A. As previously found, the proposed preliminary plat complies with the Federal
Way Comprehensive Plan which designates the site as Single Family - High
Density.
B. The project complies with all provisions of the FWCC to include those
adopted by reference from the comprehensive plan to include Chapter 18,
Environmental Policy; Chapter 20, Subdivision; and Chapter 22, Zoning.
Future development of the subdivision will also be required to comply with
applicable .development codes and regulations.
C. The project is consistent with the public health, safety, and welfare as both
the comprehensive plan and FWCC authorize its development.
D. The preliminary plat complies with the design criteria listed in Section 20-2
FWCC.
E. As conditioned, the plat complies with all development standards set forth in
Sections 20-151 through 157 and 20-158 through 187 FWCC.
28. Concerns regarding development of the plat itself and its storm water facilities will
be addressed prior to final plat approval and the construction of homes. The
Washington Court of Appeals in Toppin.q v. Pierce County Board of Commissioners,
29 Wn. App 781 (1981), described a preliminary plat as follows:
The purpose of a preliminary plat is to secure approval of the
general "design" of a proposed subdivision and to determine
whether the public use and interest will be served by the platting.
Although the Planning Department must determine...whether water
supplies [and] sanitary waste disposal...are currently available or
whether provisions must be made for the addition of such services,
see RCW 58.17.110, compliance with specific health regulations
applicable to a completed development is not required for approval
of a preliminary plat. Essentially, the preliminary plat supplies
information not specified by regulation or ordinance. Matters which
are specified by regulation or ordinance need not be considered
unless conditions or infirmities appear or exist which would
preclude any possibility of approval of the plat. 29 Wn. App. 781
at 783.
The Toppin_q case was recently cited with approval in the unpublished Court of
Appeals case of Largent et al. v. Klickitat County.
9
In Haas et al. v. Clark County Division II of the Court of Appeals in an unpublished
opinion dated January 22, 1999, discussed preliminary plat approval as follows:
RCW 58.17.020(4) provides that a "preliminary plat" "is a neat and
approximate drawing of a proposed subdivision showing the
general layout of streets and alleys, lots, blocks, and other
elements of a subdivision consistent with the requirements of this
chapter. The preliminary plat shall be the basis for the approval or
disapproval of the general layout of a subdivision". In contrast, a
"final plat .... is the final drawing of the subdivision and dedication
prepared for filing for record with the county auditor and containing
all elements and requirements set forth in this chapter and in local
regulations adopted under this chapter"... Furthermore, both the
statute and the code contemplate conditional approval, which
suggests that if a requirement is not fully satisfied at the time of
preliminary approval, then meeting this requirement may be made
a condition of final approval...and we have previously held that the
approving authority is empowered to condition approval of the plat
upon compliance with RCW 58.17.110...Conditional approval
serves the goal of compliance with the statutory scheme and the
county code requirements because it requires the developer to
satisfy those requirements before final approval ....
In the present case, the applicant has provided significantly more detail regarding
its storm drainage system and other elements of the plat than is normally provided
at the preliminary plat stage. While more information will be required prior to
approval of a final storm drainage plan to include the size of drainage facilities
between the Silverwood and Bellacarino ponds, these issues will be addressed in
accordance with City ordinances prior to final plat approval. The applicant has more
then satisfied the detail required for preliminary plat approval.
29. The Examiner is aware of concerns raised by property owners in the area that
dense subdivisions will change the character of the area, adversely affect their
lifestyles and property values, and create the need for additional services. These
concerns are akin to those addressed by the Washington Supreme Court in the
case of SORE v. Snohomish County, 99 Wn. 2d 363 (1983). In SORE, Snohomish
County adopted a new comprehensive plan which identified appropriate land for
industrial development and business parks. At the time of plan adoption an area
identified by the plan for industrial development consisted of agricultural land and
houses on substantial acreage. The applicant requested a zone reclassification to
industrial uses which would implement the newly adopted comprehensive plan. The
Court quoted favorably from the Snohomish County Hearing Examiner's decision
10
as follows:
If such implementation [of the plan] were not allowed to occur until
physical or developmental circumstances in the area had changed,
a new comprehensive plan might never be fulfilled: If an area is
presently undeveloped and a newly amended comprehensive plan
calls for industrial development, no industrial development may
occur until at least one industrial rezone has been granted. If the
rezone itself cannot occur because land development patterns
have not changed in the area then the industrial development most
likely will hayer have the opportunity to occur. 99 Wn. 2d 363 at
370.
In the present case, the applicant does not request a zone reclassification, but
approval of a subdivision consistent with both the comprehensive plan and zoning
regulations adopted by the City Council. As in SORE, supra., this urban growth
area cannot develop in accordance with the Council's determination unless
subdivisions in accordance with RS-9.6 and RS-15 densities are approved. Even
though the first subdivisions will be inconsistent with existing lot sizes, the Council
has determined that this area of the City is appropriate for such densities. While all
agree that the subdivision proposes smaller lots than abutting and nearby
properties, the subdivision is consistent with the RS-9.6 zone classification, the
cluster subdivision ordinance, and future development of the area as contemplated
by the comprehensive plan and zoning regulations.
30. RCW 36.70B.040 requires a local government to determine a proposed project's
consistency with its development regulations adopted pursuant to Chapter 36.70A
RCW, the Growth Management Act. Said section provides that in determining
consistency of a particular project, "the determinations made pursuant to RCW
36.70B.030(2) shall be controlling". One of the controlling determinations set forth
in RCW 36.70B.030(2) is:
Density of residential development in urban growth areas.
Thus, since the applicant has established that the project satisfies the density
authorized in the comprehensive plan and FVVCC as previously adopted by the
Council, and since these densities are controlling when considering a project's
consistency with the plan and code, the proposed plat must be considered
consistent with adjacent and nearby densities. Construction of detached single
family dwellings on smaller lot sizes than abutting properties does not create an
inconsistent or incompatible use or feature that would not allow orderly integration
or operation with other elements in the system. Smaller lot sizes in and of
themselves do not prohibit harmonious, agreeable, or friendly association with
1]_
others.
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 Silverwood complies with the Single Family High
Density Designatio.n of the Federal Way Comprehensive Plan, the RS-9.6 zone
classification, and the cluster subdivision requirements of the FWCC.
3. The proposed preliminary plat makes appropriate provision for the public health,
safety, and welfare for open spaces, drainage ways, streets, roads, alleys, other
public ways, transit stops, potable water supplies, sanitary waste, parks and
recreation, playgrounds, schools and school grounds, and safe walking conditions.
4. The proposed preliminary plat and cluster subdivision will serve the public use and
interest by providing an attractive location for a single family residential subdivision
in the south part of the City. Therefore, the proposed preliminary plat should be
approved subject to the following conditions:
1. Final plat approval shall require full compliance with drainage provisions set
forth in the FWCC. Compliance may result in reducing the number and/or
location of lots as shown on the preliminary approved plat.
A. Drainage plans and analysis shall comply with the 1998 KCSWDM
and amendments adopted by the City of Federal Way. City of Federal
Way approval of the drainage and roadway plans is required prior to
any construction.
B. The runoff control facilities within Silverwood shall be located in a
separate Tract A, landscaped to allow for appropriate maintenance of
the facility, and dedicated to the City of Federal Way. Tract B at the
plat entrance shall be owned, landscaped, and maintained by the
homeowners association. A landscape plan for Tract B shall be
submitted to the city for review and approval as part of the plan.
C. Stormwater quality treatment shall be provided using the basic water
quality menu options of the 1998 KCSWDM, as amended by the City
of Federal Way. Eighth Avenue SW and SW 360"' Street shall be retro
fitted to provide water quality in accordance with FWCC.
3_2
D. The off-site Bellacarino Tract A or other over-excavation shall be
designed and constructed in accordance with the KCSWDM to
accommodate the additional runoff volume from the Rosewood
development. Alternatively, the applicant may utilize the City's
proposed SW 356t~ Regional Detention Facility, if established prior to
the applicant's construction of Silverwood plat improvements and if
use of the Regional Detention Facility is approved by the Public
Works Director.
E. The applicant has voluntarily proposed and preliminarily designed the
Silverwood Tract A storm drainage pond to accommodate the
Rosewood Lane preliminary plat.
F. The Bellacarino Woods Pond shall be fenced with a six-foot chain link
fence (black, vinyl-coated) Type 1, and landscaped.
G. An easement in favor of the city shall be executed over the entire
Silverwood Tract B for ingress, egress, and utilities.
2. The applicant shall be required to construct all storm drainage improvements
necessary to mitigate all identified conveyance problems that are impacted
by the Silverwood plat, whether existing at the time of preliminary plat
approval or resulting from the plat's development, as identified during
engineering plan review, as required by the Public Works Director.
Engineering apProval shall not be granted if it is determined that proposed
mitigation is not adequate to address the impacts of the project.
3. The final plat drawing shall establish the usable open space in an open
space tract to be owned in common and maintained by property owners of
the proposed subdivision, and prohibiting removal or disturbance of
vegetation and landscaping within the tract, except as necessary for
maintenance or replacement of existing plantings and as approved by the
city. Additional vegetation may be located in open space tracts to meet the
'MDNS conditions approved by the city. A note shall be included on the final
plat map that the open space tracts shall not be developed with any
buildings, and may not be used for financial gain.
4. Prior to issuance of construction permits, a final landscape plan, prepared by
a licensed landscape architect, shall be submitted to the city for approval,
and shall include the following elements:
A. Open space landscaping in Tracts B and F;
B. Street trees in right-of-way landscape planter strip;
C. Tree preservation plan; and
D. Visual screening of the Silverwood Tract A from adjacent right-of-ways
with landscaping and/or fencing. Cyclone fencing, if used, shall be
coated black or green, and shall be screened by vegetation.
5. The proposed subdivision shall comply with the 1993 King County Road
Standards (K. CRS) as amended by the City of Federal Way for this project,
including the-following requirements:
A. SW 360~ Street shall be improved along the frontage of the project as
a Minor Collector, half-street improvement. Improvements will include
dedication of 32 feet of new right-of-way to combine with the existing
30 feet of right-of-way for a total of 62 feet. The existing pavement
shall be extended an additional 18 feet south from the existing right-
of-way, and improved with a vertical curb and gutter, four-foot planter
strip, street trees, streelights, and six-foot wide sidewalk. Where the
applicant is proposing to regrade the profile of SW 360t~ Street along
the eastern 200 feet of frontage, the improvements shall include 36
foot pavement width, and curb and gutter on both sides. (The planter
strip and sidewalk shall be required on the south side only).
B. Eighth Avenue SW within the plat shall be improved as a Minor
Collector. This includes 62 foot wide right-of-way and 36 foot wide
pavement width, curb and gutter, four-foot planter strips, and six-foot
wide sidewalks on both sides of the roadway, streetlights, and street
trees. The sidewalk on the east side shall be extended to the
intersection of SW 360th Street.
C. SW 361st, SW 363rd, and SW 365t~ Streets shall be improved as local
streets, which include 52 foot wide right-of-way and 28 foot pavement
width. Vertical curb and gutter, four-foot planter strips, and five foot
wide sidewalks shall be provided on both sides of the street.
Streetlights and street trees shall also be provided.
D. Prior to final plat approval, signage shall be installed on all temporary
cul-de-sac barricades as required by the Public Works Director. The
signage shall be a minimum size of three feet by three feet with three
inch letters, and state, "This street is planned for future extension by
future development. For more information contact the City of Federal
Way Public Works Department as 253-661-4131.
E. Tracts C, L, I, J, and M shall be improved to the private access tract
standard and shall be limited to serving a maximum of four lots. The
lots that abut these tracts for access shall have undivided ownership
of the tract and be responsible for its maintenance. The maintenance
agreement for the private access tracts shall be included on the plat
and the language approved by the city. Improvements shall include
a 36 foot tract width and 20 foot pavement width. Vertical curb and
gutter and five foot wide sidewalk without planter strips shall be
provided on one side. Tract length shall be limited to a maximum of
150 feet from face of curb to end of tract, unless a 90 foot diameter
turnaround is provided.
F. All streets have a minimum pavement section of three inches Class
B asphalt over six inches of crushed surfacing to support the traffic
loads.
6. Clearing for the construction of the plat improvements (roads, pond and
utilities and lots 1, 2, 33, 34, 38-42, 54-65, 69, and 70) shall be generally
consistent with the clearing limits depicted on the Preliminary Road Grading,
Storm Drainage, Water Main, and Sanitary Sewer Plan, Sheet 2 of 8, that
was Prepared by the applicant for the preliminary plat process. The clearing
limits referenced above are the approximate clearing limits necessary for
road, utility, pond, and necessary lot grading, and may be modified with the
approval of the Community Development and Public Works Departments
during final engineering plan review as required to reflect changes in road
and utility designs, if any. The remaining clearing necessary for lot
development will be done at the time of house construction on the lots.
RECOMMENDATION:
It is hereby recommended to the Federal Way City Council that the request for
preliminary plat approval of Silverwood be approved subject to the conditions
contained in the conclusions above.
sTF~BFIEN K. CAUSSEAUX,
Hearing Examiner
15
TRANSMI'I-I-ED THISr'~L~d,,. DAY OF October, 2000, to the following:
APPLICANT: Novastar Development, Inc.
G. Wayne Potter
18215 72"~ Avenue South
Kent, WA 98032
ENGINEER: Barghausen Consulting Engineers, Inc.
Robed J. Armstrong, PE
18215 72'~ Avenue South
Kent,.WA 98032
OWNER: Delores Ross
36107 6t~ Ave. SW
Federal Way, WA 98023
B.J. Mottershead 708 SW 357t~ St. Federal Way, WA 98023
Charles Connon 35530 6~ Ave. SW Federal Way, WA 98023
Michael D. Rutter 36619 6t~ Ave. SW Federal Way, WA 98023
Linda Lorentzen 36607 9t~ Ave. SW Federal Way, WA 98023
David J. Moore 35817 10"' Ave. SW Federal Way, WA 98023
Carol Stiles 35816 10~h Ave. SW Federal Way, WA 98023
Terry Brink P.O. Box 1157 Tacoma, WA 98401
Larry Karpack 16300 Christensen Rd. #350 Tukwila, WA 98188
Leonard Hills 36404 6~ Ave. SW Federal Way, WA 98023
H. David Kaplan 30240 27~' Ave. S. Federal Way, WA 98023
James Geluso 32015 1't Ave. S. Federal Way, WA 98003
Ron Lilley 35615 6"~ Ave. SW Federal Way, WA 98023
Skip Holman P.O. Box 130 Bellevue, WA 98009
Kevin L. Jones 11730 118~ Ave. NE #600 Kirkland, WA 98034
City of Federal Way '
c/o Chris Green
33530 1't Way S.
Federal Way, WA 98003
CITY'OF ~
FEDERAL WAY, WA 98003-6210
TO: ALL PARTIES OF RECORD
FROM: STEPHEN K. CAUSSEAUX, JR., HEARING EXAMINER/~~
DATE: October 31, 2000
RE: CLAR/FICATION OF DECISION REGARDING PRELIMINARY
PLAT OF SILVERWOOD, FWHE#00-12; SUB 98-0006
On October 9, 2000, the Examiner issued a decision recommending approval of the
preliminary plat of Si/verwood. Condition 1-D requires the offsite Bellacarino Tract A
or other over-excavation to accommodate the additional runoff from the "Rosewood"
development. However, Condition 1-D was intended to address the additional runoff
volume from the "Silverwood" development; and, therefore the word "Silverwood" is
substituted for the word "Rosewood". The decision recommending approval of the
preliminary plat of Rosewood Lane includes a condition requiring that the Bellaearino
Tract A or other over-excavation accommodate the additional runoff volume from the
"Rosewood" development.
The staff report for Silverwood recommended imposition of a Condition "7" which.was
not included within the recommended conditions of approval in the Decision
recommending approval of the preliminary plat of Silverwood. This condition was. not
discussed by any witnesses at the public hearing and was not an issue. Therefore,
Condition "7" in the staff report is hereby added to the conditions of approval to the
Silverwood preliminary plat as follows:
7. Lot 54 shall be reconfigured on the Final Plat map to attach the long
narrow strip of land presently identified as part of lot 54 to the adjacent
Tract D.
SKC/jc
cc: All parties of record ~ c~~
CITY OF FEDERAL WAY
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
STAFF REPORT TO THE
FEDERAL WAY HEARING EXAMINER
PRELIMINARY PLAT OF SILVERWOOD
Federal Way File No. SUB98-0006
PUBLIC HEARING - AUGUST 7, 2000
FEDERAL WAY CITY HALL CITY COUNCIL CHAMBERS
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 .............................................................................................. 7
VI. General Design ..................................................................................................................... 7
VII. Transportation .................................................................................................................... 10
VIII. Public Services ................................................................................................................... ll
IX. Utilities ............................................................................................................................... 12
X. Analysis of Decisional Criteria .......................................................................................... 14
XI. Findings of Fact and Conclusion ....................................................................................... 1 $
XII. Recommendations .............................................................................................................. 19
XIII. List of Exhibits ................................................................................................................... 22
Report Prepared by:
Jim Harris, Senior Planner
July 28, 2000
EXHIBIT ,, ~)
CITY OF FEDERAL WAY
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
STAFF REPORT FOR THE PUBLIC HEARING OF AUGUST 7, 2000
PRELIMINARY PLAT OF SILVERWOOD
File No: SUB98-0006
Applicant: Novastar Development Inc.
G. Wayne Potter
18215 72nd Avenue South
Kent, WA 98032
Phone: (425) 251-6222
Engineer: Barghausen Consulting Engineers Inc.
Robert J. Armstrong, PE
18215 72nd Avenue South
Kent, WA 98032
Phone: (425) 251-6222
Owner: Novastar Development Inc.
18215 72nd Avenue South
Kent, WA 98032
Action
Requested: Preliminary plat approval of a 70 lot residential lot cluster subdivision as
provided for under Federal Way City Code (FWCC) Chapter 20,
Subdivisions; and requiring approval pursuant to FWCC Section 20-110.
Staff
Representative: Jim Harris, Senior Planner, (253) 661-4019
Staff
Recommendation: Preliminary Plat Approval with Conditions
Staff Report to the Hearing Examiner Page 1
Preliminary Plat of Silverwood SUB98-0006
I GENERAL INFORMATION
A. Description of the Proposal - The applicant proposes to subdivide a vacant 29.55 acre
lot into 70 residential single-family lots in a cluster subdivision, with each lot having a
minimum of 4,800 square feet and an average lot size of 5,785 square feet. Since the
proposal is for a cluster subdivision, pursuant to FWCC Section 20-154, the minimum
lot size may be up to one half the size of the underlying zoning requirement.
The preliminary plat map, revised December 3, 1999, along with preliminary road,
drainage, pond, off-site pond, utility, grading, and park/landscape plan by Barghausen
Consulting Engineers are enclosed (Exhibit S-1).
B. Location - The site is located in the southern portion of the city, south and west of the
intersection of SW 360th Street and 8th Avenue SW (Exhibit RS-l).
C. Parcel No. - 302104-9011. Legal description is on the plat map.
D. Size of Property - The subject site has a land area of 1,287,279 square feet (29.55
acres).
E. Land Use and Zoning-
Direction Zoning Comprehensive Plan Existing Land Use
Site RS-9.61 SF - High Density Vacant
North RS-9.6 SF - High Density SFR~
South RS-15.03 SF - Medium Density Vacant & SFR
East RS- 15.0 SF - Medium Density SFR
West RS-9.6 SF - High Density Vacant & SFR
F. Background- The preliminary plat of Silverwood was submitted on June 21, 1996, as a
5 l-lot subdivision with four open space tracts. The application was determined
complete on August 23, 1996. On January 6, 1998, the Federal Way City Council
amended provisions of the FWCC Chapter 20, Subdivision. On September 30, 1998, the
developer withdrew the 5 l-lot preliminary plat application, and re-submitted a new
preliminary plat application for a 70-lot (cluster) plat on October 6, 1998. The revised
preliminary plat application was determined complete on November 3, 1998.
~RS-9.6 = single family residential, 9,600 SF minimum lot size.
2SFR = single family residential.
3RS-15.0 = single family residential, 15,000 SF minimum lot size.
Staff Report to the Hearing Examiner Page 2
Preliminary Plat of 5~ilverwood SUB98-0006
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
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 notices of the
original (1996) and revised (1998) application. The site was also posted and notice
published in the newspaper and on the city's official notice boards. Fifteen comment
letters were submitted in response to the 1998 notices of application, which also
included notice of application for the abutting Rosewood Lane preliminary plat
application (Exhibit RS-2). On December 3, 1998, the city responded to the 13 parties
that provided comments on the notice of application (Exhibit RS-3).
C. In accordance with the State Environmental Policy Act (SEPA) and FWCC Chapter 18,
Environmental Protection, all property owners and occupants within 300 feet of the
site, and all affected agencies, were notified of the proposed action and the city's
environmental decision. In addition, the site was posted and notice placed in the
newspaper and on the city's official notice boards.
III STATE ENVIRONMENTAL POLICY ACT
A. A Mitigated Environmental Determination of Nonsignificance (MDNS) was issued by the
City of Federal Way for the proposed action on February 17, 2000 (Exhibit S-2). This
determination was based on review of information in the project file, including the
environmental checklist (Exhibit S-3), and staff evaluation of the environmental checklist
for Silverwood (Exhibit S-4) resulting in the conclusion that the proposal would not
result in probable significant adverse impacts on the environment provided the applicant
complies with the mitigation measures in the MDNS.
B. Thirteen comment letters were received during the 14-day SEPA comment period
(Exhibit RS-4). On March 13, 2000, the city responded to all parties that provided
written comments on the SEPA decisions (Exhibit RS-5).
C. The city received two timely appeals of the SEPA MDNS. Pursuant to FWCC Section
20-115, the SEPA appeal hearing and preliminary plat application hearing shall be held
simultaneously. The staff report to the Hearing Examiner on the SEPA appeal is under
separate cover.
Staff Report to the ltearing Examiner Page 3
Preliminary Plat of Silverwood SUB98-0006
IV NATURAL ENVIRONMENT
A. Storm Water Runoff- Development of the site will create additional runoff from new
impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities
are being designed in accordance with the 1998 King County Surface Water Design
Manual (KCSWDM) and the city's amendments to the manual. The applicant's
preliminary storm drainage Technical Information Report (TIR), revised December
1999, (Exhibit RS-6) was reviewed by the city's Public Works Department. The
preliminary design proposes to collect and convey water through a series of pipes and
catch basins into a storm drainage combination wetpond/detention facility located near
the northeast comer of the Silverwood site. The storm drainage runoff discharges form
the Silverwood wetpond/detention pond to an existing downstream closed depression
located in Bellacarino Woods Tract "A". The applicant is proposing to over-excavate
the pond in Bellacarino Woods Tract "A" in order to provide to compensate for the
increased runoff volume from the Silverwood project.
B. Soils - The 1973 King County soils survey map lists the soils type as Alderwood
Gravelly Sandy Loam (AgB). Alderwood soils are characterized as moderately well
drained soils that have a weakly consolidated to strongly consolidated substratum at a
depth of 24 - 40 inches. AgB soils are described as capable for urban development,
runoff is slow, and erosion hazard is slight.
Typical soils excavation will occur with the street construction, at the site of the
wetpond/detention facility, and for utility installation. The preliminary clearing and
grading plan depicts clearing limits for construction of the following facilities: street
right-of way, surface water pond, usable recreation area, and utility development.
Additionally, due to the site topography and to accommodate future lot drainage, the
applicant is proposing to clear and grade lots 1, 2, 33, 34, 38-42, 54-65, 69, and 70
while constructing the plat infrastructure.
C. Topography - The site has a gradual slope rising from the north to the south. The site
does not have any steep slopes or any other geologically hazardous areas.
D. Vegetation - The site is heavily wooded and consists primarily of second growth forest
with a mixture of conifer and broadleaf trees, with a dense understory of native shrubs.
A second growth mixed forest and a second growth broadleaf forest are the two most
prevalent vegetation types on that portion of the site which will be developed.
Dominant trees include Douglas fir, red alder, and big leaf maple.
A significant tree location worksheet (Exhibit S-5) was submitted with the application.
Two representative one-acre significant tree samples were provided in lieu of surveying
all significant trees on the entire 29.5-acre site. Although the significant trees are not
evenly distributed on the site, the two representative tree plots identify typical samples
of the significant trees located.
Staff Report to the Hearing Examiner Page 4
Preliminary Plat of.qilverwood SUB98-0006
Approximately 46 percent of the site (13.5 acres) will be cleared for plat infrastructure
construction as proposed. Clearing 46 percent of the site would result in removal of
approximately 46 percent of the significant trees on the site. The significant tree sample
plan identifies 157 of 354 significant trees (44 percent) will be removed during
infrastructure construction. Therefore, approximately 54 percent of the overall
significant trees on the entire site would remain on the site following infrastructure
construction.
Approval of the preliminary plat is subject to submittal and approval of a tree clearing
plan and landscape plan pursuant to FWCC Section 20-158. City policy and FWCC
Section 20-179 stale that existing mature vegetation shall be retained to the maximum
extent possible. Retained significant trees outside of open space areas would be
regulated under FWCC Section 22-1568, Significant Trees, at the time of individual
home construction.
E. Wetlands - Four wetlands exist on the subject property. The subdivision application
was deemed complete on November 3, 1998, and is vested under codes and regulations
adopted at that point in time. On November 16, 1999, the FWCC was amended in areas
related to wetlands management and the new wetland regulations do not apply to the
subject proposal.
In addition to the three wetlands discussed in the Terra Associates Reports revised
February 25, 1997, (Exhibit RS-7) and September 3, 1998, (Exhibit RS-8) an additional
very small wetland (within Tract H) is discussed in a July 27, 1999, Terra report
(Exhibit RS-9) .The city's wetland consultant, Adolphson Associates Inc. (AAI), has
reviewed the Terra Associates reports and concurred with the wetland delineations and
findings in an October 15, 1999, letter (Exhibit RS-10).
All improvements and land surface modifications on the site are at least 100 feet from
the wetlands in Tracts D, E, G, and H, as required by the FWCC. All on site wetlands
and 100-foot buffers will be preserved and not disturbed. No net loss of wetland or
wetland buffer would result from the project.
A small wetland also exists approximately 300 feet north of the subject property,
adjacent to the west side of 8th Avenue SW (wetland #135). The subject wetland is
identified in the city's wetland inventory as a Type III wetland. The Silverwood
development proposal includes constructing street improvements along 8th Avenue SW
between 356~ and 360th, adjacent to this off-site wetland. The 8th Avenue off-site
improvements will include the addition of approximately 18 additional feet of
improvements along the west side of the existing roadbed. The additional 18 feet of off-
site street improvement to 8~h Avenue SW will not displace any wetland area; however,
the improvements will fall within the 100-foot wetland buffer of this wetland.
Intrusions into a wetland buffer area for essential public facilities (including streets and
public utilities) are permitted pursuant to FWCC Section 22-1359(b).
Staff Report to the Hearing Examiner Page
Preliminary Plat of Silvetwood SUB98-0006
Fencing is proposed around the wetland buffer within Tract D, as lots directly abut the
100-foot wetland buffer. Fencing is not proposed around the remaining three wetlands
on-site, and the possibility exists for wetland and buffer intrusions without fencing. To
minimize potential wetland and buffer intrusions, fencing and 12 educational signs
(three signs for Tract D, four for Tract E, two for Tract H, and three for Tract G) have
been required under SEPA condition//2.
F. Wildlife and Habitat - A series of wildlife and habitat evaluations by Terra Associates
Inc., April 10, 1996 (Exhibit S-6), September 25, 1996 (Exhibit S-7), and November
15, 1999 (Exhibit S-8), were provided to the City of Federal Way for review with the
application. No wildlife species recognized as priority species are known to inhabit the
site. Further, pursu ~ant to the September 25, 1996, Terra Associates report, Washington
State Department of Fish and Wildlife (WDFW) priority habitat and species map has no
record of threatened, endangered, or sensitive species of wildlife within two miles of
the site.
The applicant also provided a November 19, 1999, Wildlife Reconnaissance Report by
EA Engineering, Science and Technology (Exhibit S-9), which identifies that no nests
exist on site for medium or large size raptors.
The site provides habitat for small mammals, rodents, and reptiles, as well as songbirds
and insects. The site would also be expected to provide food resources for hawks and
other predators, which may not actually inhabit the site. Some of the habitat for these
animals will be eliminated or displaced by the proposal. In addition, the introduction of
human activities, including domestic animals, to the site will threaten the viability of
any remaining habitat. '
Foraging indications from a pileated woodpecker have been found on the site as
discussed in the Terra reports, and this species is identified as a candidate for threatened
or endangered species. However, pursuant to the April 10, 1996, Terra report, the site is
much too small to support a breeding pair of pileated woodpeckers and the subject site
is likely only a small part of the breeding territory associated with the Hylebos Basin.
The primary mitigation of wildlife impacts is through minimization of impact by
preserving 47 percent (14 acres) of the site as open space. Areas within natural open
space (tracts D, E, H, and G) will not be modified by construction and will continue to
provide habitat for some types of wildlife.
SEPA condition//3 imposed on the project requires the remaining habitat opportunity
within the undisturbed portion of Tract F (which is active/usable open space) to be
maximized by appropriate design and construction of any future open area development
within Tract F. Additionally, pursuant to the July 27, 1999, Terra Associates letter,
approximately nine snags, which provide habitat for pileated woodpeckers, will be
removed from the developed portion of the site. SEPA condition//4 requires the
creation of nine snags within permanent open space areas before final plat approval.
Staff Report to the Hearing Examiner Page 6
Preliminary Plat of Silverwood SUB98-0006
The Terra report states that new snags can be generated in the preserved portion of the
site by girdling or topping selected trees.
AAI, working on behalf Of the City of Federal Way, has reviewed the submitted
Wildlife and Habitat Evaluations and concurred with the Terra Associates Wildlife
Evaluation as stated in October 15, 1999, correspondence from AAI (Exhibit RS-10).
The WDFW has reviewed the project and accompanying Terra Associates wildlife reports
as discussed in the WDFW December 2, 1999, letter (Exhibit RS-11). In summary, the
WDFW letter concurs with the Terra Associate's July 27, 1999, Wetland/Wildlife Habitat
Evaluation and the November 15, 1999, Wildlife Habitat Evaluation Addendum.
At the city's request, the applicant completed a questionnaire regarding potential
impacts to salmon (Exhibit RS-12) listed under the Endangered Species Act. The city
concurs with the responses in the checklist with the exception of the applicant's
response to items 1 and 2 regarding the current or past presence of endangered salmon
in the Hylebos watershed. Chinook salmon have previously been in the Hylebos
watershed and it is uncertain if these species are currently in the watershed. The
responses in the checklist conclude that if endangered salmon are present in the
Hylebos watershed, the project would not adversely impact said salmon.
V NEIGHBORHOOD CHARACTERISTICS
A. Vicinity - The property is situated in the southern portion of the city, in a single-family
residential area. The site is vacant. The majority of adjacent properties to the north are
developed with single-family residences on lots ranging from approximately 9,000 to
30,000 square feet. To the east,'the majority of the lots are developed with single-family
residences on lots ranging from 15,000 square feet to four acres. The proposed
preliminary plat of Rosewood Lane abuts a portion of the east property line of
Silverwood. To the south, lot sizes range from approximately ½ acre to 15 acres. To the
west, lots range from approximately 9,000 square feet to one acre. The City of Federal
Way SW 363rd Open Space Park abuts the west property line.
B. SW 363rd Street Open Space - The 363rd Street Open Space Park, owned by the City of
Federal Way, is adjacent to Silverwood, across the undeveloped 12'h Avenue SW right-
of-way. The SW 363~a Street Park is approximately five acres in size, consists mostly of
a small wetland, and is intended for passive recreation.
VI GENERAL DESIGN
A. Lot Layout - The proposed lots range in size from approximately 4,800 square feet to
8,500 square feet, with an average lot size of 5,785 square feet. The minimum lot size
for lots in a cluster subdivision with RS 9.6 zoning is 4,800 square feet. Pursuant to
Staff Report to the Hearing Examiner Page !
Preliminary Plat of Silverwood SUB98-0006
FWCC Section 20-154, lots created in a cluster subdivision may be up to one-half the
size of the underlying zoning requirement, but in no case smaller than 3,600 square feet.
Pursuant to FWCCC Section 20-153, the total number of lots created cannot exceed the
number of lots which would be permitted in a conventional subdivision on a site of the
same total area, after reservation of the required open space. The total number of lots
permitted is calculated by subtracting the required open space of 15 percent, and
subtracting 20 percent for streets from the gross land available, then dividing by the
minimum lot size of the underlying zoning district. Therefore, the maximum number of
lots which could be created on the subject 29.55 acre parcel is 87 lots, based on the
calculation below.
Total Lot Area 1,287,279 sq.ft. (29.55 ac)
minus 15% open space 193,091 sq.ft.
minus 20% for streets 257,455 sq.ft.
836,733 sq.ft, divided by 9,600 -- 87 lots maximum
Most of the proposed lots are of rectangular shape and 13 lots gain access from private
access roadways. Five flag lots are proposed. As proposed, lot 54 includes a long
extension contiguous to a wetland buffer, which could lead to inadvertent wetland
buffer intrusions. All building setback lines (BSBL).are depicted on the preliminary
plat map, and each lot contains an adequate building area.
B. Open Space - To provide adequate recreational opportunities commensurate with new
residential development, FWCC Chapter 20, Subdivisions, requires dedication of land
on site for open space, or a fee-in-lieu payment. However, in accordance with FWCC
Section 20-154(e), a cluster subdivision must provide all required open space (15
percent) on site and it must all be usable
Total usable open space required for this plat is 193,091 square feet (4.4 acres, 15
percent of the 1,287,279 square foot parcel). To comply with the open space
requirements, the applicant proposes to provide 195,595 square feet of on-site usable
open space, contained within Tracts F and K.
Tract F is a 192,971 square foot parcel (4.4 acres) located in and around three on-site
wetlands and buffers, while also abutting 18 lots. Tract F is accessible from two public
streets, is free of any environmental constraints, and has an average slope of
approximately 1.5 percent.
The applicant has proposed to develop a portion of Tract F with an irrigated open lawn
play area, a children's tot lot, bench seating, picnic tables, bollards, a gravel pathway
and landscaping.
Staff Report to the Hearing Examiner Page
r*r. liminarv Plat nC Rilvt-rusnnrl SUB98-0006
Approximately of Tract F will be left in its current vegetated condition as native open
space. Due to the proximity of the undeveloped portion of Tract F adjacent to wetland
buffers, and its potential to be further developed with additional recreational
improvements in the future, SEPA condition #3 requires any future development of
Tract F beyond that presently proposed to be designed and constructed to protect and
enhance wildlife habitat to the maximum extent feasible.
Tract K comprises 2,624 square feet for a pedestrian path, which provides a pedestrian
connection from SW 361st Court to SW 360th Street.
The applicant has p~-oposed ownership of Tracts F and K to be by the future
homeowners association.
C. Subdivision Access and Roadway System - Access to the site will be provided by the
southward extension of 8th Avenue SW. Pursuant to FWCC street improvement
standards, all street improvements (except the private access tracts) must be dedicated
as city right-of-way and improved to applicable city standards.
See Section VII. of this report for a detailed description of the proposed roadway
system and improvements.
D. Pedestrian System - Sidewalks will be provided along all street frontages. Specifically,
full street improvements include five-foot wide sidewalks on both sides of the street.
Half street improvements at SW 360th Street will include a six-foot wide sidewalk and
four-foot planter strip only on the southerly side of the street. A sidewalk will also be
constructed on the west side of 8t~ Avenue SW off-site between SW 360th and SW 356th
Streets.
E. Clearing and Grading - FWCC Section 20-178 identifies that all natural vegetation
shall be retained on the site to be subdivided except that which will be removed for
improvements or grading as shown on approved engineering plans. To accommodate
future lot drainage, address some minor topographic changes on-site, and minimize
truck traffic in the vicinity of the project, the applicant has proposed to clear and grade
approximately 46 percent of the site during infrastructure construction. This would
include clearing 23 of the proposed 70 lots.
F. Landscape Buffers - In accordance with FWCC Chapter 20, Subdivisions, landscape
buffers are specified only When the plat is adjacent to an incompatible zoning district.
The proposed plat is bordered on all sides by single-family residential zoning; therefore,
no perimeter buffers are required. Street trees, when mature, open space vegetation, and
screening of the storm drainage tract, will contribute to visual buffering. Street tree
requirements are described in Section VII. A. of this report.
Staff Report to the Hearing Examiner Page 9
Preliminary Plat of Silverwood SUB98-0006
VII TRANSPORTATION
A. Street Improvements - Access to the property will be provided by the southward
extension of 8t~ Avenue SW from SW 360th Street. In accordance with the FWCC, all
street improvements must be dedicated as city right-of-way (except the private access
tracts) and improved to full street standards.
A September 22, 1998, Traffic Impact Analysis by the Transpo Group was submitted
for the project (Exhibit S-12). The city's Traffic Engineer has reviewed the project and
concluded that the proposed street layout of the Silverwood subdivision is consistent
with the adopted co.des and comprehensive plan in place at the time of the complete
application.
SW 360th Street shall be improved along the frontage of the project as a Minor
Collector, half-street improvement. Improvements will include dedication of 32 feet of
new right-of-way to combine with the existing 30 feet of right-of-way for a total of 62
feet. The existing pavement shall be extended an additional 18 feet south from the
existing right-of-way, and be improved with a vertical curb and gutter, four-foot planter
strip, street trees, streetlights, and six-foot wide sidewalk. Where the applicant is
proposing to regrade the profile of SW 360'~ Street along the eastern 200 feet of
frontage, the improvements shall include 36-foot pavement width, and curb and gutter
on both. sides. (The planter strip and sidewalk shall be required on the south side only.)
Eighth Avenue SW within the plat shall be improved as a Minor Collector. This
includes 62-foot wide right-of-way, 36-foot wide pavement width, curb and gutter,
four-foot planter strips, six-foot wide sidewalks on both sides of the roadway,
streetlights, and street trees. The sidewalk on the east side shall be extended to the
intersection of SW 360t~' Street.
SW 361~t, SW 363rd, and SW 365t~' Streets shall be improved as local streets, which
include 52-foot wide right-of-way and 28-foot pavement width. Vertical curb and
gutter, four-foot planter strips, and five-foot wide sidewalks shall be provided on both
sides of the street. Streetlights and street trees shall also be provided.
Tracts C, L, I, J, and M shall be improved to the private access tract standard and shall
be limited to serving a maximum of four lots. The lots that abut these tracts for access
shall have undivided ownership of the tract and be responsible for its maintenance. The
maintenance agreement for the private access tracts shall be included on the plat and the
language approved by the city. Improvements shall include a 36-foot tract width and
20-foot pavement width. Vertical curb and gutter and five-foot wide sidewalk without
planter strips shall be provided on one side. Tract length shall be limited to a maximum
of 150 feet from face of curb to end of the tract, unless a 90-foot diameter tumaround is
provided.
Staff Report to the Hearing Examiner Page 10
Preliminary Plat of Silverwood SUB98-0006
Pursuant to Public Works Department review, 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.
Street lighting is required on all streets pursuant to FWCC Section 22-1522.
The Public Works Department and Federal Way Fire Department have approved
preliminary roadway improvements and curve radius as proposed.
B. Off-site Traffic Mitigation - This proposal has been reviewed under the State
Environmental Policy Act (SEPA). The two SEPA conditions listed below were
required to mitigate adverse traffic impacts.
Pursuant to SEPA condition #6, in order to mitigate for potential adverse transportation
impacts resulting from the construction of the project, the applicant must construct the
two-impacted Transportation Improvement Plan (TIP) projects before final plat
approval. In lieu of constructing these TIP projects before final plat approval, the
applicant may voluntarily offer to pay a pro-rata share contribution of $118,200.00
towards the two impacted TIP projects based on the calculation in the MDNS.
Pursuant to SEPA condition #5, in order to mitigate for potential adverse transportation
impacts resulting from the project, 8th Avenue SW off-site between SW 356th Street and
SW 360th Street, shall be improved as a Minor Collector before final plat approval.
Road improvements within the existing 60-foot wide right-of-way shall include 36-foot
pavement width, vertical curb and gutter on both sides, six foot sidewalk, four-foot
planter strip, street trees, and streetlights on the west side.
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 on
August 27, 1999, indicates Enterprise Elementary, Illahee Junior High, and Federal
Way Senior High Schools will serve the proposed subdivision. Elementary and senior
high students from this development would receive bus transportation to and from
school, as these schools are over one mile from the site.
The applicant provided a November1996, School Access Analysis (Exhibit RS-14) that
identifies the path of travel for students walking to Illahee. In summary, a safe route of
pedestrian travel will be provided following construction of the on-site sidewalks and
the off-site sidewalk that will be constructed along 8th Avenue SW between SW 360*
and 356*.
School service areas are reviewed annually and may be adjusted to accommodate
enrollment growth and new development.
Staff Report to the Hearing Examiner Page 1 !
Preliminary Plat of Silverwood SUB98-0006
School impact fees, as authorized by city ordinance and collected at the time of building
permit issuance, are currently $2,383.00 per single-family housing unit. School impact
fees are determined on the basis of the district's Capital Facilities Plan and are subject
to annual adjustment and update.
B. Parks & Open Space - The Silverwood site is contiguous (across an existing
undeveloped right-of-way) to the existing City of Federal Way SW 363rd Open Space
Park. The SW 363ra Open Space is an undeveloped park, which includes a wetland. The
intended use of the site is for passive recreation.
Access to the City of Federal Way's proposed BPA Phase 3 Trail (multi-modal
transportation and recreational) is approximately 1/2 to ~ miles north and west of the
Silverwood site.
On-site parks and open space requirements are discussed in Section VI. of this report.
C. Fire Protection -The Certificate of Water Availability from the Lakehaven Utility
District indicates that water will be available to the site in sufficient quantity to satisfy
fire flow standards for the proposed development. The Fire Department requires that a
fire hydrant be located within 350 feet of each lot. The exact number and location of
fire hydrants will be reviewed and approved by the Fire Department.
IX UTILITIES
A. Sewage Disposal - The applicant proposes to serve the proposed plat by a public sewer
system managed by Lakehaven Utility District. An August 4, 1998, Certificate of Sewer
Availability (Exhibit S-10) indicates the district's capacity to serve the proposed
development through a Developer Extension Agreement (DEA) between the applicant
and the district. According to the preliminary plat, an extension of the existing sanitary
sewer main is required from approximately 356th Street to serve the site. The applicant
will need to renew the expired certificate and DEA before the engineering approval is
granted.
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 August
4, 1998, Certificate of Water ,,I vailability (Exhibit S- 11 ) indicates Lakehaven's capacity
to serve the proposed development through a DEA. The applicant will need to renew
the expired DEA and certificate before the engineering approval is granted.
C. Drainage Facilities - Development of the site will create additional runoff from new
impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities
are being designed in accordance with the 1998 King County Surface Water Design
Staff Report to the Hearing Examiner Page 12
Manual (KCSWDM) and the city's amendments to the manual. The applicant's
preliminary storm drainage Technical Information Report (TIR) by Barghausen
Consulting Engineers, Inc., revised December 1999 (Exhibit RS-6), was reviewed by
the city's Public Works Department.
The preliminary design proposes to collect and convey water through a series of pipes
and catch basins into a storm drainage combination wetpond/detention facility located
near the northeast comer of the Silverwood site. The storm drainage runoff discharges
from the Silverwood wetpond/dete, ntion facility to an existing downstream closed
depression located in Bellacarino Woods Tract "A". The applicant is proposing to over-
excavate the pond in Bellacarino Woods Tract "A" in order to compensate for the
increased runoff volume from the Silverwood project.
The city has identified downstream conveyance problems associated with stormwater
runoff. Due to these downstream problems, the applicant is proposing to modify
downstream drainage facilities. The storm drainage improvements necessary for this
project are analyzed in the HSPF Hydrologic Analysis of the SW 356a' Street Closed
Depression, by Northwest Hydraulic Consultants, February 1998 (Exhibit RS- 13).
As with all paved, developed areas, the site will contribute some pollutants to ground
and surface waters as these will be washed off the parking and vehicular areas by
stormwater into the drainage system. Pollutants that accumulate on paved surfaces may
include heavy metals, petrochemicals, and other substances. Consistent with the
requirements of adopted regulations, all water runoff from the paved portions of the
project will be treated either in the on-site wetpond/detention facility or the coalescing
plate separator for the off-site 8th Avenue SW widening improvements.
The wetland located in the southeast portion of the site currently receives runoff from
sheet flows on the site. The preliminary road and drainage plans propose that roof
drains from six lots will drain into this wetland to approximate the existing runoff
conditions, considering the proposed impervious areas. A catch basin with a pipe
stubbed to the low point of the wetland is proposed between lots 58 and 59 to intercept
overflow runoff from this wetland.
The applicant is also proposing to design the on-site stormwater facility within the Plat
of Silverwood to accommodate an adjoining proposed subdivision called Rosewood
Lane (city file numbers SEP98-0036 and SUB98-0004). In the event Silverwood does
not get constructed, but Rosewood Lane does, the Plat of Rosewood Lane shall provide
its own detention and water quality in accordance with the KCSWDM and subsequent
revisions.
Final review of the stormwater quality and detention will occur in conjunction with the
full drainage review.
Staff Report to the Hearing Examiner Page 13
Preliminary Plat of Silverwood SUB98-0006
X ANALYSIS OF DECISIONAL CRITERIA
The FWCC establishes review procedures and decisional criteria for deciding upon various
types of land use applications. Pursuant to FWCC Chapter 20, Subdivisions, Section 20-110,
preliminary plat applications are submitted to the hearing examiner for public hearing. The
preliminary plat application and the recommendation of the hearing examiner is submitted to
the city council for approval or disapproval.
Hearing Examiner Preliminary Plat Decisional Criteria - Pursuant to FWCC Section 20-
126(c), the hearing examiner may recommend approval of the proposed preliminary plat
only if the following decisional criteria are met. Decisional criteria and staff responses are
provided below.
1. The project is consistent with the comprehensive plan.
Staff Comment: The application is subject to the adopted 1995 Federal Way
Comprehensive Plan (FWCP), which designates the property as Single Family - High
Density. The proposed land use, Single Family Residential lot cluster plat, with 4,800
square foot minimum lot size (RS-9.6), 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
city's FWCP and map. Proposed access and fire hydrant locations must 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, promotion of safe and convenient travel on
streets, provision for the housing needs of the community, protection of
Staff Report to the Hearing Examiner Page 14
D~;~; .... r,,~..c c:~ ........ ,~ .q! IFt98-0006
environmentally sensitive areas, and preservation of 47 percent of the site for
permanent open space. 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 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 application complies
with all applicable statutes, codes, and regulations.
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 vacant 29.55 acre parcel into 70 single family
lots, in a cluster lot configuration. All adjacent land uses are single family residential.
There are wetlands in several locations on the subject property.
2. The preliminary plat application is subject to the 1995 FWCP and the codes and
regulations in effect at the time the application was deemed complete, which was
November 3, 1998.
3. The subject property is designated Single Family High Density in the 1995 FWCP.
4. Zoning for the site is RS-9.6, (minimum lot size 9,600 square feet). Properties to the
north and east of the subject property are also zoned RS 9.6. Zoning to the south and
east of the subject property is RS 15.0 (15,000 square foot minimum lot size). The
proposed residential subdivision and density is consistent with applicable zoning and
subdivision regulations applicable to a lot cluster plat.
5. Pursuant to FWCC Section 20-154, the lot size in a cluster subdivision may be reduced
up to ½ the minimum lot size of the underlying zoning designation. Therefore, the
minimum lot size allowed on the project is 4,800 square feet. All proposed lots exceed
the minimum size required and the average proposed lot size is 5,785 square feet.
6. Pursuant to FWCC Section 20-153, on this 29.55 acre parcel the maximum number of
lots allowed is 87. The maximum number of lots allowed is calculated by subtracting
15 percent of the gross land area for open space and subtracting 20 percent for streets,
and dividing the remaining area by the underlying zoning lot size. The 70 proposed lots
are well below the maximum allowed number of lots.
Staff Report to the Hearing Examiner Page 15
Preliminary Plat of Silverwood SUB98-0006
7. The cluster plat regulations are intended to promote open space and protect natural
features. The proposed plat results in preservation of approximately 47 percent of the
site (13.9 acres) in open space. Approximately 9.5 acres of the open space is
constrained by wetlands or buffers and the remaining 4.4 acres of open space is usable.
8. An Environmental Mitigated Determination ofNonsignificance (MDNS) was issued for
this proposed action on February 17, 2000. Thirteen comment letters were submitted to
the city before expiration of the comment deadline. The main topics of the comment
letters pertained to stormwater drainage, wetlands, wildlife habitat, plants, and
procedural considerations. The city responded to the comment letters on March 13,
2000, and retained the MDNS as originally issued.
9. The City of Federal Way received two appeals of the SEPA decision. The appeal issues
pertain to SEPA procedural issues, storm drainage, flooding, property condemnation,
and request for preparation of an Environmental Impact Statement (EIS). Pursuant to
FWCC Section 20-115, and in accordance with state law, if there is an appeal of the
SEPA threshold determination the appeal hearing shall be held simultaneously with the
public hearing in front of the hearing examiner on the preliminary plat. The staff report
on the SEPA appeal is provided under separate cover.
10. 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. It is the applicant's responsibility to secure all necessary water and sewer
services from the utility provider.
11. Development of the site will create additional runoff from new impervious surfaces
such as streets, driveways, and rooftops. Storm drainage facilities are being designed in
accordance with the 1998 KCSWDM and the city's amendments to the manual. The
applicant's preliminary storm drainage TIR by Barghausen Consulting Engineers, Inc.,
revised December 1999, (Exhibit RS-6) was reviewed and accepted by the city's Public
Works Department.
The preliminary design proposes to collect and convey water through a series of pipes
and catch basins into a storm drainage combination wetpond/detention facility located
near the northeast comer of the Silverwood site. The storm drainage runoff discharges
from the Silverwood wetpond/detention facility to an existing downstream closed
depression located in Bellacarino Woods Tract "A". The applicant is proposing to over-
excavate the pond in Bellacarino Woods Tract "A" in order to compensate for the
increased runoff volume from the Silverwood project.
The city has identified downstream conveyance problems associated with stormwater
runoff. Due to these downstream problems, the applicant is proposing to modify
downstream drainage facilities. The storm drainage improvements necessary for this
project are analyzed in the HSPF Hydrologic Analysis of the SW 356'~' Street Closed
Depression, by Northwest Hydraulic Consultants, February 1998.
Staff Report to the Hearing Examiner Page 16
In conjunction with off-site improvements, these facilities are adequate to serve the
proposed development. Final review and approval of the stormwater engineering plan
will occur in conjunction with full drainage review.
12. A September 22, 1998, Traffic Impact Analysis by the Transpo Group was submitted
for the project (Exhibit S-12). Public access will be provided by the southerly extension
of 8th Avenue SW from SW 360th Street. The proposed preliminary plat was reviewed to
ensure optimal location and configuration of access to the subject property. As
proposed on the preliminary plat map, future extensions of streets within Silverwood
are proposed for the southerly extension of 8th Avenue SW and SW 361s~ Street to the
east and west. Temporary cul-de-sacs should be properly signed to denote future
planned extensions of all temporary cul-de-sacs.
13. Eight Avenue SW and SW 360~h Street are designated as local collector streets. All
internal streets (except 8~h Avenue SW) within the proposed plat of Silverwood are
designated as local streets by the FWCP. Three-quarter street improvements are
required on 8th Avenue South off-site between SW 356th and SW 360~ Streets under
SEPA condition #5. Half-street improvements to SW 360th Street frontage are required
by the FWCC, and full street improvements within the plat are required by the FWCC.
All public right-of- ways will be dedicated to the city. Private access tracts within the
plat must meet applicable city standards. Five separate private access tracts are
proposed to provide access to individual lots. Each proposed private access tract is less
than 150 feet and serves four or fewer lots. Private access will be owned and maintained
by those lot owners receiving access from each tract.
14. As proposed, each proposed lot contains an adequate size and shape building envelope
to contain a future single-family residence. Building setback lines (BSBL) are identified
on the preliminary plat map. To avoid potential wetland buffer intrusions into Tract D,
lot 54 should be reconfigured on the final plat map to eliminate the long narrow
southerly extension of the lot between 8th Avenue SW and Tract D.
15. The project applicant provided a November 1996, school access analysis. The off-site
improvements to 8~h Avenue SW including a sidewalk on one side of the street and the
on-site sidewalks on all intemal plat streets will provide a safe pedestrian route of travel
to Illahee Junior High School. Elementary and senior high school students from the
development will receive bus transportation to and from school.
16. Implementing the cluster plat provisions results in a large contiguous open space area
on site. Approximately 13.9 acres of on site open space in one contiguous area will be
created by the plat. The on-site open space area links to an existing public park adjacent
to the west side of the site. Existing vegetation will be preserved on approximately 11.4
acres of the 13.9-acre open space area. Although further development of the active
recreation area in Tract F may occur in the future by the developer or homeowners
association, only a small portion of the active open space is currently proposed for
Staff Report to the Hearing Examiner Page i 7
Preliminary Plat of Silverwood SUB98-0006
development and vegetation removal. SEPA condition/t3 requires any future
development of Tract F to be designed and constructed to protect and enhance wildlife
habitat to the maximum extent feasible.
17. Tracts F and K comprise over 15 percent of the total site area and meet the intent of the
15 percent usable open space area requirement of FWCC Section 22-154. Tract F is
approximately 4.4 acres and is free of environmental constraints. A portion of Tract F
will be developed with an irrigated open lawn play area, a children's tot lot, bench
seating, picnic tables, bollards, a gravel pathway, and landscaping. Tract K is
approximately 2,600 square feet and will be developed with a pedestrian pathway. The
on-site open space areas will be delineated as a separate tract, and owned and
maintained by the ssabdivision property owners. A note shall be included on the final
plat that the open space tracts shall not be developed with any buildings, and may not
be used for financial gain.
18. The clearing and grading limits proposed on plan sheet 2 of 8 will result in clearing and
grading a significant amount of the developed portion of the site. In conj unction with
construction of the plat infrastructure, clearing 23 future lots is also proposed to
accommodate future lot drainage, overcome minor grade changes on site, and minimize
off-site truck traffic. The developer has proposed to clear and grade lots 1, 2, 33, 34, 38 -
42, 54 - 65, 69, and 70 in conjunction with the construction of the plat streets and
utilities.
19. The subject property is heavily wooded with primarily second growth forest. A May 14,
1999, significant tree worksheet by Barghausen Consulting Engineers was submitted
with the application. The significant tree worksheet estimates that approximately 354
significant trees exist on the 29.5 acre site. Although the significant trees are not evenly
distributed throughout the site, approximately 46 percent of the significant trees on the
property are proposed for removal during plat infrastructm'e construction and grading of
several lots. Trees that may be left on individual lots following the plat infrastructure
construction may be, and likely will be, removed during individual home construction.
However, any significant trees removed during individual home construction will be
subject to the preservation and replacement standards of the FWCC.
20. Four wetlands are present on the subject property and are located in Tracts D, E, G, and
H. A 100-foot wetland buffer applies to all of the wetlands. All improvements and land
surface modifications on the site are at least 100-feet from all the wetlands and all
impacts to wetlands have been avoided. SEPA condition/t2 requires fencing of all
wetland buffers on site.
21. The proposed development, when completed, will displace approximately 20 acres of
habitat for small mammals, rodents, reptiles, birds, and insects. Habitat for the pileated
woodpecker, classified as sensitive species by the WDFW, will be impacted. However,
approximately 9.5 acres of wetland and buffer will remain unchanged and continue to
provide habitat. Additionally, 4.4 acres of usable open space area is provided on-site.
Staff Report to the Hearing Examiner Page 18
Approximately nine snags, which provide habitat for pileated woodpeckers, will be
removed from the developed portion of the site, and will be replaced as required in
SEPA condition #4.
22. Prior to issuance of construction permits, the applicant will be required to submit a
landscape plan addressing open space landscaping in Tract F, storm drainage tract
screening, Tract B entry landscaping, street trees, and a tree preservation plan.
23. The proposed preliminary plat is permitted by FWCC Chapter 20, Subdivisions, and
Chapter 22, Zoning.
24. The proposed subdivision and all attachments have been reviewed for compliance with
the FWCP; FWCC iEhapter 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.
25. 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 subjectto the following conditions:
1. Final plat approval shall require full compliance with drainage provisions set forth in
the FWCC. Compliance may result in reducing the number and/or location of lots as
shown on the preliminary approved plat.
A. Drainage plans and analysis shall comply with the 1998 KCSWDM and
amendments adopted by the City of Federal Way. City of Federal Way approval of
the drainage and roadway plans is required prior to any construction.
B. The runoff control facilities within Silverwood shall be located in a separate Tract
A, landscaped to allow for appropriate maintenance of the facility, and dedicated to
the City of Federal Way. Tract B at the plat entrance shall be owned, landscaped,
and maintained by the homeowners association. A landscape plan for Tract B shall
be submitted to the city for review and approval as part of the plan.
C. Stormwater quality treatment shall be provided using the basic water quality menu
options of the 1998 KCSWDM as amended by the City of Federal Way. Eighth
Avenue SW and SW 360th Street shall be retro fitted to provide water quality in
accordance with the FWCC.
Staff Report to the Hearing Examiner Page 19
Preliminary Plat of Silverwood SUB98-0006
D. The off-site Bellacarino Tract A over-excavation shall be designed and constructed
in accordance with the KCSWDM to accommodate the additional runoff volume
from the Silverwood development,.
E. The applicant has voluntarily proposed and preliminarily designed the Silverwood
Tract A storm drainage pond to accommodate the Rosewood Lane preliminary
plat.
F. The Bellacarino Woods Pond shall be fenced with a six-foot chain link fence
(black, vinyl-c?ated) Type 1, and landscaped.
G. An easement in favor of the city shall be executed over the entire Silverwood Tract
B for ingress, egress, and utilities.
2. The applicant shall be required to construct all storm drainage improvements necessary
to mitigate all identified conveyance problems, whether existing or resulting from the
plat's development, as identified during engineering plan review, as required by the
Public Works Director. Engineering approval shall not be granted if it is determined
that proposed mitigation is not adequate to address the impacts of the project.
3. The final plat drawing shall establish the usable open space in an open space tract to be
owned in common and maintained by property owners of the proposed subdivision, and
prohibiting removal or disturbance of vegetation and landscaping within the tract,
except as necessary for maintenance or replacement of existing plantings and as
approved by the city. Additional vegetation may be located in open space tracts to meet
the MDNS conditions as approved by the city. A note shall be included on the final plat
map that the open space tracts shall not be developed with any buildings, and may not
be used for financial gain.
4. Prior to issuance of construction permits, a final landscape plan, prepared by a licensed
landscape architect, shall be submitted to the city for approval, and shall include the
following elements:
A. Open space landscaping in Tracts B and F;
B. Street trees in right-of-way landscape planter strips;
c. Tree preservation plan; and
D. Visual screening of the Silverwood Tract A from adjacent right-of-ways with
landscaping and/or fencing. Cyclone fencing, if used, shall be coated black or
green, and shall be screened by vegetation.
Staff Report to the Hearing Examiner Page 20
Preliminary Plat of Silverwood SUB98-0006
5. The proposed subdivision shall comply with the 1993 King County Road Standards
(KCRS) as amended by the City of Federal Way for this project, including the following
requirements:
A. SW 360th Street shall be improved along the frontage of the project as a Minor
Collector, half-street improvement. Improvements will include dedication of 32
feet of new right of way to combine with the existing 30 feet of right of way for a
total of 62 feet. The existing pavement shall be extended an additional 18 feet
south from the existing right of way, and improved with a vertical curb and gutter,
four-foot planter strip, street trees, streetlights, and six-foot wide sidewalk. Where
the applicant is proposing to regrade the profile of SW 360th Street along the
eastern 200 fe~t of frontage, the improvements shall include 36-foot pavement
width, and curb and gutter on both sides. (The planter strip and sidewalk shall be
required on the south side only.)
B. Eighth Avenue SW within the plat shall be improved as a Minor Collector. This
includes 62-foot wide right of way and 36-foot wide pavement width, curb and
gutter, four-foot planter strips, and six-foot wide sidewalks on both sides of the
roadway, streetlights, and street trees. The sidewalk on the east side shall be
extended to the intersection of SW 360th Street.
C. SW 361st, SW 363rd, and SW 365th Streets shall be improved as local streets, which
include 52-foot wide right of way and 28-foot pavement width. Vertical curb and
gutter, four-foot planter strips, and five-foot wide sidewalks shall be provided on
both sides of the street. Streetlights and street trees shall also be provided.
D. Prior to final plat approval, signage shall be installed on all temporary cul-de-sac
barricades as required by the Public Works Director. The signage shall be a'
minimum size of three feet by three feet with three-inch letters, and state, "This
street is planned for future extension by future development. For more information
contact the City of Federal Way Public Works Department at 253-661-4131 ."
E. Tracts C, L, I, J, and M shall be improved to the private access tract standard and
shall be limited to serving a maximum of four lots. The lots that abut these tracts
for access shall have undivided ownership of the tract and be responsible for its
maintenance. The maintenance agreement for the private access tracts shall be
included on the plat and the language approved by the city. Improvements shall
include a 36-foot tract width and 20-foot pavement width. Vertical curb and gutter
and five-foot wide sidewalk without planter strips shall be provided on one side.
Tract length shall be limited to a maximum of 150 feet from face of curb to end of
tract, unless a 90-foot diameter tumaround is provided.
F. 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.
Staff Report to the Hearing Examiner Page 21
Preliminary Plat of Silverwood SUB98-0006
6. Clearing for the construction of the plat improvements (roads, pond and utilities and
lots 1 2, 33, 34, 38 - 42, 54 - 65, 69, and 70) shall be generally consistent with the
clearing limits depicted on the Preliminary Road Grading, Storm Drainage, Water
Main, and Sanitary Sewer Plan, Sheet 2 of 8, that was prepared by the applicant for the
preliminary plat process. The clearing limits referenced above are the approximate
clearing limits necessary for road, utility, pond, and necessary lot grading, and may be
modified with the approval of the Community Development and Public Works
Departments during final engineering plan review as required to reflect changes in road
and utility designs, if any. The remaining cleating necessary for lot development will be
done at the time of house construction on the lots.
7. Lot 54 shall be recgnfigured on the final plat map to attach the long narrow strip of land
presently identified as part of lot 54 to the adjacent Tract D.
XlII LIST OF EXHIBITS
S- 1. Reduced Scale Preliminary Plat of Silverwood & Preliminary Road, Drainage, Pond, Off-Site Pond,
Utility, Grading, And Park/Landscape Plan by Barghausen Consulting Engineers
S~2. SEPA MDNS for Silverwood
- S-3. SEPA Checklist for Silverwood
S-4. Final Staff Evaluation for SEPA Checklist, Silverwood
S-5. Significant Tree Worksheet, by Barghausen Consulting Engineers Inc.
S-6. Terra Associates Wildlife Habitat Evaluation, Silverwood, April 10, 1996
S-7. Terra Associates Wildlife Habitat Addendum, September 25, 1996
S-8. Terra Associates Wildlife Habitat Addendum, November 15, ! 999
S-9. EA Engineering, Science, and Technology Wildlife Reconnaissance, November 19, 1999
S-10. Lakehaven Utility District Letter of Sewer Availability, September 3, 1998
S-1 I. Lakehaven Utility District Letter of Water Availability, September 3, 1998
S-12. Traffic Impact Analysis by The Transpo Group, September 22, 1998
RS- I Vicinity Map
RS-2 Public Comments on Notice of Application, Rosewood Lane and Silverwood
RS-3 City of Federal Way December 3, 1998, Response to Public Comments on Notice of Application
RS-4 Public Comments on SEPA MDNS, Rosewood Lane and Silverwood
RS-5 City of Federal Way March 13, 2000, Response to Public Comments on SEPA MDNS
RS-6 Preliminary Technical Information Report for Silverwood, revised December 1999, by Barghausen
Consulting Engineers Inc.
RS-7 Terra Associates Wetland Evaluation, Revised February 25, 1997
RS-8 Terra Associates Wetland Evaluation/Wildlife Habitat Evaluation Addendum, September 3, 1998.
RS-9 Terra Associates Wetland Evaluation/Wildlife Habitat Evaluation Addendum, July 27, 1999.
RS-10 Adolphson Associates Inc. Letter, October 15, 1999
RS-11 Washington Department of Fish and Wildlife Letter, December 2, 1999
RS- 12 Barghausen Cover Letter and ESA Listed Salmon Checklist, November 22, 1999
RS-13 HSPF Hydrologic Analysis of the SW 356th Street Closed Depression, by Northwest Hydraulic Consultants
Inc, February 1998.
RS-14 School Access Analysis for Silverwood, by Barghausen Consulting Engineers Inc., November 1996.
RS-15 SEPA Appeal Letter from Michael Gendler, March 20, 2000
RS-16 SEPA Appeal Letter from Charles Connon and B.J. Mottershead, March 17, 2000
RS-17 N.J. Land Development Letter, July 20, 2000
Staff Report to the Hearing Examiner Page 22
Preliminary Plat of Silverwood SUB98-0006
TRANSMITTED TO THE PARTIES LISTED HEREAFTER:
Federal Way Hearing Examiner
Applicant - G. Wayne Potter Novastar Development Inc.
Project Engineer - Barghausen Consulting Engineers
Docume~¢ ID 89778
Staff Report to the Hearing Examiner Page 23
Preliminary Plat of Silverwood SUB98-0006
CI1-Y OF~
FEDERAL WAY, WA 98003-6210
~ 33530 1S1 WAY SOUIH (253) 661-4000
MITIGATED ENVIRONMENTAL
DETERMINATION OF NONSIGNIFICANCE
Silverwood Cluster Subdivision
Federal Way File No. SEP98-0042
Description
of Proposal: Cluster subdivision of 29.5 acres into 70 residential lots with an average lot size
of approximately 5,823 square feet. The proposal also includes developing a road
system, street improvements, utilities, storm drainage control improvements, and
other related infrastructure improvements. Approximately 47 percent of the site
will be retained in environmentally sensitive areas and passive or usable open
space area.
Proponent: G. Wayne Potter (425) 251-6110
Novastar Development Inc.
18215 72"d Avenue South
Kent, WA 98032
Location: SW 360~1' Street and 8t~' Avenue SW, Federal Way, Washington. King County tax
parcel # 302104-9011. In the SW ¼ of Section 30, T21N, R4E, WM.
Lead Agency: City of Federal Way
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,
the final staff evaluation for this action, 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 RCW 43.31 C.060.
The lead agency for this proposal has determined that it does not have a probable significant
adverse impact on the environment, and an Environmental Impact Statement (EIS) is not required
under RCW 43.21 C.030(2)(c) only if the conditions listed below are met. This decision was
made after review of a completed environmental checklist and other inforn~ation on file with the
lead agency. This information is available to the public on request.
EXHIBIT,,, _
PAGE_ ,/ OF _
MDNS Page 2 Silverwood/SEP98-0042
FINDINGS OF FACT
1. The subject property is generally located south of the intersection of SW 360a' Street and 8
Avenue SW, Federal Way, Washington. The proposal includes the subdivision of 29.5 acres
into 70 residential lots with an average lot size of approximately 5,823 square feet. The
proposal also includes developing a road system, street improvements, utilities, storm
drainage control improvements, and other related infrastructure improvements.
2. The subject property is zoned RS 9.6, requiring a minimum lot size of 9,60.0 square feet per
parcel (except in cluster subdivisions). The comprehensive plan designation for the site is
High Density Single Family.
3. In order to promote open space and protect natural features on the site, the proposed
subdivision is designed as a cluster subdivision pursuant to Federal Way City Code (FWCC)
Section 20-154. Under FWCC Section 20-154, lots created in a cluster subdivision may be
reduced in size below the minimum required in 'chapter 22, up to one half the size of the
underlying zoning requirement (4,800 square feet).
4. The cluster subdivision as proposed results in approximately 47 percent (14 acres) of the site
remaining in open space. Tracts D, E, G, and H are constrained open space, which comprise
approximately 9.5 acres. Tracts F and K comprising approximately 4.5 acres are usable open
space and conceptually fulfill the FWCC Section 20-155 requirement for a minimum 15
percent gross usable open space. A portion of Tract F is proposed to be developed for active
recreation use, and the remaining portion of Tract F may be potentially developed for
recreation use in the future.
5. In accordance with code requirements, transportation impacts, pedestrian access, and
improvements necessary for the proposed project were analyzed. A Transportation Impact
Analysis (TIA) was prepared for the proposed project. The results of the analysis indicate
that the potential for adverse impacts exists in the surrounding road network. In its Six Year
Transportation Improvement Plan (TIP), the City of Federal Way has identified two TIP
projects in which the proposed development will exceed the net 10 PM peak hour threshold
that requires project mitigation. The developer must construct the impacted TIP projects or
voluntarily contribute pro-rata mitigation fees.
6. According to the Transpo September 22, 1999 TIA,the project will generate 746 average
weekday trips.
7. On-site street improvements for the project must comply with adopted city codes. In
addition to constructing on-site roadways, the iteveloper is proposing to construct street
widening, sidewalk, and storm drainage improven-tents along 8a' Avenue SW off-site
between the project site and SW 356~.
EXHIBIT 5
PAGE OF_
· MDNS ['age 3 Silvcrwood/SEP98-0042
8. As identified in the applicant's environmental checklist and preliminary drainage
report/TIR, the design engineer, acting as the applicant's agent, has chosen to voluntarily
design the project to meet the requirements of the 1998 King County Surface Water Design
Manual matching the 2-year and 1 O-year pre-development durations witha 20 percent safety
factor.
The storm drainage is analyzed in the HSPF Hydrologic Analysis of the SW 356'~' Street
Closed Depression, by Northwest Hydraulic Consultants, February 1998. Compliance with
adopted city codes will mitigate anticipated storm drainage impacts from the proposal. Final
design and review of the storm drainage system will occur in conjunction with the final
engineering plan review.
9. The FWCC requires that a minimum of 25 percent of all significant trees located on the site
be retained or replaced. Approximately 46 percent of the site (l 3.5 acres) is proposed to be
cleared for plat infrastructure construction and would result in removal of apprOximately 46
percent of the significant trees on the site percent. Therefore, approximately 54 percent of
the overall significant trees on the entire site would remain on the portions of site following
infrastructure construction, and replacement of significant trees will not be required due to
the plat infrastructure construction (trees removed for plat infrastructure construction do not
count toward tree replacement, only those trees removed on lots for home construction, play
areas, etc. are subject to the retention/replacement standards). Significant tree retention and
replacement will be reviewed further upon review of individual future building permits for
each residence constructed.
10. The proposed development, when completed, will displace approximately 20 acres of
habitat for small mammals, rodents, reptiles, birds, and insects. Habitat for Pileated
Woodpecker, classified as sensitive species by Washington State Department of Fish and
Wildlife, will be impacted. However, approximately 9.5 acres of wetland and buffer will
remain unchanged and continue to provide habitat. Additionally, 4.5 acres of usable open
space area is provided on-site. Approximately nine snags which provide habitat for pileated
woodpeckers will be removed from the developed portion of the site.
11. The proposed development will generate approximately 48 school age children. Pursuant to
the Federal Way Public School District's August 27, 1999, letter to the City of Federal Way,
the collection of school impact fees will mitigate the school impacts. The current school
mitigation fee is $2,383.00 for a single-family residence and is collected at building permit
issuance for each residence. The Federal Way City Council may adjust the impact fee
mmually, and the applicable fee would be determined at the time a complete individual
single-fanfily building permit is submitted to the city.
EXHIBiT___ . 9
PAGE__ 3 ___OF__
MDNS Page 4 Silverwood/SEP98-0042
12. There are four wetlands on the subject property. All wetlands and wetland buffers on site
will be preserved with 100-foot buffers, and no wetland or buffer intrusions are proposed.
The project complies with the applicable FWCC requirement for 100-foot wetland buffers,
which code was in place when a complete preliminary plat application was submitted to the
city. Once the site is developed, the possibility of human and domestic animal intrusions
into the wetlands and buffers on-site would increase. Wetland buffer fencing and
educational signage regarding wetlands should minimize potential disturbance to the
wetlands and buffers.
13. The Final Staff Evalu~ion for Environmental Checklist, File No. SEP98-0042, is hereby
incorporated by reference as though set forth in full.
CONCLUSIONS OF LAW
Federal Way's 1995 Comprehensive Plan Policies adopted by Federal Way, and contained
within the 1995 Federal Way Comprehensive Plan (FWCP), serve as a basis for the exercise of
substantive SEPA authority to approve, condition, or deny proposed actions applicable to
potential adverse environmental impacts resulting from this project. The following components
of the FWCP support the conditions for the development.
Natural Environment Goal 6 (NEG6): Protect and enhance the functions and values of the
City's wetlands.
Natural Environment Policy 60 (NEP60) The City should encourage information and
educational programs and activities dealing with the protection of wildlife. An example of
such a program is the Baekyard Wildlife Sanctuary program established by the State
Depamnent of Fish and Wildlife.
NEP1 I: The city should encourage the retention of surface water runoff in wetlands in
regional retention facilities, and in detention ponds, or use other similar storm water
management techniques to promote aquifer recharge.
NEGI: To preserve the City's natural systems in order to protect public health, safety and
welfare, and to maintain the integrity of the natural environment.
NEP2: Preserve and restore ecological functions, and enhance natural beauty, by
encouraging community development patterns and site planning that maintains and
complements natural land forms.
NEG12: Preserve, protect, and enhance fish and wildlife habitat
EXHIBIT
PAGE__ OF
MDNS Page 5 SilverwoodJSEP98-0042
L UPI8: Encourage the development of parks and the dedication of open space in and
adjacent to residential areas to preserve the natural setting of Federal Way.
NEP57: The City should encourage residents and businesses to use native plants in
residential and commercial landscaping.
Transportation Goal 2 ~G2): Provide a safe, efficient, convenient, and financially
sustainable transportation system with sufficient capacity to move people, goods, and
services at an acceptable level of service.
The City shall develop and adopt policies for the construction, reconstruction, maintenance,
and preservation of new and existing facilities.
Transportation Policy 16 (TPI6): Establish a LOS standard based on a planning
methodology using VMT congested to measure the LOS citywide, and an operational
methodology for development impact mitigation corridors, and intersections based on LOS
E = v/c less than or equal to 0.9.
TP52: 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.
SEPA CONDITIONS
Based on the above policies, the following mitigation measures are required to minimize
identified potential significant adverse impacts.
1. Due to the downstream natural closed depression this project drains to, clearing, grading,
and street/utility work for the plat improvements will not be permitted from October 31 to
March 30, unless approved in writing by the Public Works Director.
2. Prior to final plat approval, the developer shall provide and implement a plan for the fencing
and signing of all wetlands and wetland buffers on the site. The fencing shall be of similar
nature to the proposed split rail wetland fencing proposed on sheet 4 of the road section and
detail plans. Additionally, a minimum of 12 educational signs shall be provided around the
on-site wetland buffers. A final plan for sign content, sign placement, and fence design shall
be developed by a qualified professional and provided to the city for review and approval by
the city at the applicant's expense prior to implementation by the developer.
3. Any development within Tract F beyond the improvements proposed on sheet L-1 (revised
12/20/99) shall be designed and constructed as required by the Director of Community
Devel°pment Services t° pr°tect and enhance wildlife habitat t° the max~!~3~t/,r
-PAGE 5'
MDNS Page 6 Silvcrwood/S EP98-0042
feasible. This effort may include, but is not limited to, vegetation removal and/or
enhancement, and construction or improvement of Tract F for active recreation by the
developer, future homeowners association, or the party responsible for ownership of the
tract. A note to this effect shall be included on the final plat map.
4. Prior to final plat approval, the developer shall develop and implement a plan for the
creation of nine snags within permanent open space areas. The plan shall be based on an
evaluation of trees remaining following the clearing and grading phase of plat infrastructure
construction. The plan shall be developed by a qualified professional and shall be reviewed
and approved by the c!ty at the applicant's expense prior to implementation by the
developer.
5. In order to mitigate for potential adverse transportation impacts resulting from the project,
8~ Avenue SW off-site between SW 356th Street and SW 360~ Street, shall be improved as a
Minor Collector. Road improvements within the existing 60-foot wide right-of-way shall
include 36-foot pavement width, vertical curb and gutter on both sides, six-foot wide
sidewalk, four-foot wide planter, street trees, and street lights on the west side.
6. In order to mitigate for potential adverse transportation impacts resulting from the
construction of the project, the TIP improvements listed below must be constructed by the
applicant prior to final plat approval. In lieu of constructing these TIP projects prior to final
plat approval, the applicant may voluntarily offer to pay a pro-rata share contribution of $
118,200.00 towards the following (TIP) projects based on the calculation below.
Pro-rata Share Contribution to Transportation Improvement'Projects
Pro-rata share contribution is required using the following formula:
Pro-rata share percentage = project PM peak hour trips/future with project
PM peak hour volume x 100.
Pro-rata share amount = pro-rata share percentage x estimated TIP project
cost / 100.
The pro-rata share percentage is calculated using PM peak hour volumes and
was determined by the traffic impact analysis. The pro-rata share amount is
calculated below and is rounded to the nearest 100 dollars.
S 348t~ St between 9* Av S and SR 99: Construct HOV lanes and eastbound
right-tum lane at SR 99. Total estimated project cost is $3,096,000.
Pro-rata share percentage = 11/3071 x 100 = 0.36%
Project contribution = 0.36 x 3,096,000 / 100 = $11,I00
EXHIBIT 5.,2
PAGE, OF
MDNS Page 7 Silverwood/SEP98-O042
S 356t~ St between 1~ Av S and SR 99: Widen to five lanes. Total estimated
project cost is $7,205,000.
Pro-rata share percentage = 23/1548 x 100 = 1.49%
Project contribution = 1.49 x 7,205,000 / 100 = $107,100
This MDNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal
for 14 days from the date of issuance. Comments must be submitted by 5:00 p.m. on March 6,
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.
Contact Person: Jim Harris, Senior Planner, (253) 661-4019
Responsible Official: Stephen Clifton, AICP, Director of Community Development Services
Address: 33530 First Way South, Federal Way, WA 98003
L:~ RMS YS~OCUMEN'I~ ~ _00.42~md ea .do~
EXHIBIT
PAGE., '7 OF
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF: ) ~~ /
) FWHE# 00 -12
SILVERWOOD PRELIMINARY PLAT & ) SEP98-0042 & SEP98-0036
ROSEWOOD LANE PRELIMINARY PLAT )
SEPA APPEALS )
)
)
-I. SUMMARY OF APPLICATION
The appeal of two Mitigated Determination of Nonsignificances (MDNS) pursuant
to the State Environmental Policy Act (SEPA) for the proposed preliminary plat applications
of Silverwood and Rosewood Lane.
II. PROCEDURAL INFORMATION
Hearing Date: September 25, 2000
Decision Date: October 9, 2000
At the hearing the following presented testimony and evidence:
1. Jim Harris, Senior Planner, City of Federal Way
2. Cary Roe, Director of Public Works, City of Federal Way
3. Bob Sterbank, Deputy City Attorney, City of Federal Way
4. Tom Barghausen, applicant, Nova Star Development, Inc., 18215 72"d Ave.
South, Kent, WA 98032
5. Terry Brink, attorney for applicant, P.O. Box 1157, Tacoma, WA 98401
6. Charles Connon, appellant, 35530 6t~' Ave. SW, Federal Way, WA 98023
7. Bernard Mottershead, appellant, 708 SW 357~ St., Federal Way, WA 98023
8. Ronald Lilley, 35615 6t~ Ave. SW, Federal Way, WA 98023
9. Patricia Owen, 926 SW 356th St., Federal Way, WA 98023
10. Michael Rutter, 36619 6~ Ave. SW, Federal Way, WA 98023
11. David Moore, 35817 10t~ Ave. SW,-Federal Way, WA 98023
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1. Staff Report with all attachments
2. Rosewood Lane Staff Report and attachments
3. Environmental Appeals
4. Power Point Presentation
5. Letter from John Davis
6. Letter from Alma Bennett
7. Revised conditions
8. Letter from Ray Parke withdrawing appeal
9. HSPF Analysis dated 8-3-00 (revision)
10. Poster board of SW 356~ storm water facility
11. Terry Brink's Letter Memorandum
12. Letter from David Kaplan
13. Drawings for Silverwood submitted by Terry Brink
14. Drawings for Rosewood Land submitted by Terry Brink
15. Letter from Department of Fish and Wildlife dated December 2, 1999
16. Charles Connon's comments
17. Photos submitted by Barghausen Engineering
18. Wide angle photo submitted by Bernard Mottershed
19. Large photos submitted by Barghausen Engineering
2
20. Petition submitted by Michael Rutter
21. Bernard Mottershead's supplemental submission
22. Exhibit showing pipe under 356th St.
23. Document - Affidavit of Distribution
24. Sign Installation Certificate
25. Document Affidavit - September
26. Page 1-57 of the 1998 Surface Water Manual
27. Page 1-35 of the 1998 Surface Water Manual
28. Public Notice (yellow sheet) published on City Hall doors
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. On October 6, 1998, the City received a completed application for the 29.5 acre, 70
lot, cluster subdivision of Silverwood. On October 30, 1998, the City received a
completed application for the 4.7 acre, nine lot Rosewood Lane conventional
preliminary plat. Even though the plats are proposed for adjacent parcels and will
share a new access road; the City's responsible offidal (RO) determined that each
plat could be developed independently, that they were therefore two separate
projects, and they should under separate review pursuant to the State
Environmental Policy Act (SEPA). Following SEPA review, the RO issued a
threshold Mitigated Determination of Nonsignificance (MDNS) for both subdivisions
on February 17, 2000.
4. On March 20, 2000, Michael Gendler, attorney at law representing Roy Parke,
timely filed appeals of the threshold determinations for both preliminary plats. On
March 17, 2000, Charles Connon and Bernard Mottershead, co-appellants, also
appealed both threshold determinations. On September 20, 2000, Roy Parke
withdrew his appeals of the threshold determinations of both projects based upon
3
the sale of his property to the plat applicant. The Connon/Mottershead appeal
consists of a March 17, 2000, letter signed by the appellants which incorporated an
attached March 3, 2000, letter signed by Mr. Connon; a February 23, 2000, letter
signed by Mr. Mottershead; and a November 19, 1998, letter signed by Mr.
Mottershead.
5. In reviewing the environmental impacts of a project pursuant to SEPA and imposing
mitigating measures thereunder, the RO must first consider whether City
ordinances, state laws, and/or Federal requirements would mitigate an identified
significant impact (WAC 197-11-330(1)(c); 197-11-660(1)(e). In the Rosewood Lane
MDNS the RO determined that City ordinances did not mitigate two probable
significant adverse environmental impacts, and imposed two mitigating measures
which the applicant agreed to satisfy. These mitigating measures prohibiting
clearing, grading, and street utility work for plat improvements from October 31,
2000, to March 30, 2000, unless approved in writing by the Public Works Director.
The second measure required off-site improvements to 6th Ave. SW. Mitigating
measures in the Silverwood subdivision included the same limitation as to clearing,
grading, and street/utility work; required the fencing and signing of wetlands and
buffers; limited uses in Tract F; required the creation of nine new snag trees within
permanent open space areas; required off-site street improvements; and required
pro-rata share payments to City traffic improvement projects.
6. The Examiner has reviewed the appellants' appeal of the RO's threshold
determination, the City's response contained in its staff report, and the applicant's
response set forth in Exhibit "KK" to Exhibit "11" and finds that the issues raised are
either adequately addressed by existing ordinances' and laws or do not allege
probable significant adverse environmental impacts. Alleged errors include the
failure to require a full drainage review for the over-excavation of the Bellacarino
Woods Tract A drainage pond; erroneously not considering the Rosewood Lane
and Silverwood plat applications jointly and together with the Bellacarino Woods
retention.pond excavation as a single action under SEPA; failure to require an
environmental impact statement due to recent flooding in the vicinity of the project;
failure to address an inconsistency in the applicant's documentation; an allegation
that inadequate separation of three feet or more is not provided between the
groundwater table and the bottom of the excavated Tract A pond; an allegation that
an emergency overflow does not exist for the Tract A pond; failure to evaluate the
storm drainage plan under full drainage review and shared facility drainage plans;
invalid pond volume calculations; an incorrect HSPF hydrological analysis;
development of the Silverwood plat in an environmentally sensitive area; and
proposed usage of an existing, undersized 18 inch storm drainage line under S.
356th St. ,
7. All of the appellants' substantive issues have either already been addressed or will
be addressed between preliminary and final plat approval. All storm drainage
issues including downstream conveyance systems are subject to standards adopted
by the Federal Way City Council. The expansion of the Bellacarino Woods storm
drainage pond has previously received environmental review, and since all storm
drainage within a large basin drains to said pond, it is proper to consider
environmental impacts associated with expanding the pond separately as opposed
to joining it with every project proposed within the basin. If the City elects to expand
the Bellacarino Woods pond into a regional storm drainage facility, such will require
further environmental review. Finally, the Silverwood plat protects and preserves all
environmentally serjsitive areas on the site, in accordance with criteria adopted by
the City Council.
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. As stated by Division I of the Washington Court of Appeals in Des Moines v. Puqet
Sound Regional Council, 98 Wn. App. 23 (1999):
SEPA is a procedural statute designed to ensure that local
governments consider the environmental and ecological effects of
major actions to the fullest extent. SEPA's purpose is to provide
decision-makers with all relevant information about the potential
environmental consequences of their actions and to provide a
basis for a reasoned judgment that balances the benefits of a
proPosed project against its potential adverse effects. 98 Wn. App
23 at 365.
The applicant's environmental checklists coupled with the numerous studies
required by the City as set forth on pages one and two of the Final Staff Evaluation
for the Silverwood lot clustering preliminary plat, and additional studies to include
the Traffic Impact Analysis, revised hydrological assessments, and revised storm
drainage assessments provide the decision-makers with all relevant information
about the potential environmental consequences of plat development to include the
expansion and deepening of the Tract A pond in the Bellacarino Woods subdivision.
3. The RO did not err by deciding to consider Rosewood Lane and Silverwood as
separate applications for SEPA review. WAC 197-11-060(3)(b) states in part:
Proposals or parts of proposals are closely related, and they shall
be discussed in the same environmental document, if they: (i)
cannot or will not proceed unless the other proposals (or pads of
proposals) are implemented simultaneously with them; or (ii) are
independent parts of a larger proposal depend on the larger
proposal as their justification or for their implementation.
Silverwood and Rosewood Lane are independent, separate proposals which can
proceed independent of the other. While they may share access and storm drainage
facilities, they are under separate ownership, are under different zoning, and
propose different subdivision designs (traditional plat and cluster plat). Even so, the
City concurrently p~'ocessed both plats, conducted concurrent SEPA reviews, and
issued threshold determinations concurrently. The RO correctly found no
compelling reason to merge the two environmental reviews into a single document.
Section 18-51(d) of the Federal Way City Code (FWCC) states in part as follows:
The determination by the City's responsible official shall carry
substantial weight in any appeal proceeding.
The appellants have not overcome their substantial burden of showing that the RO
erred in considering both plats and the work in the Bellacarino Woods retention
ponds in separate documents as opposed to the same environmental document.
4. RCW 43.21C.030(C) and WAC 197-11-330 require an environmental impact
statement for major actions significantly affecting the quality of the environment.
WAC 197-11-794 defines "significant" as "a reasonable likelihood of more than a
moderate adverse impact on environmental quality". WAC 197-11-794(2) states
that significance "does not lend itself to a formula or quantifiable test" as physical
setting, intensity, magnitude, and duration must all be considered. WAC 197-11-
330 establishes a process including criteda and procedure for determining whether
a proposal is likely to have a significant adverse environmental impact, including
specific considerations which the environmental official must evaluate. In the
present case, the RO properly considered the definition of "significance" and
propedy followed the procedures and applied the tests set forth in WAC 197-11-330.
5. The case of Hayden v. Port Townsend, 93 Wn. 2d 870 (1980), holds that the
Hearing Examiner's standard of review for an MDNS appeal is "clearly erroneous".
A finding is "clearly erroneous" when although there is evidence to support it, the
Examiner is left with the definite and firm conviction that the RO made a mistake.
The burden is on the appellant to show that the RO's decision is clearly erroneous.
The Examiner has reviewed the appeal and finds that the appellants have not
satisfied their burden of establishing that the RO's decision to issue an MDNS was
clearly erroneous. The mitigating measures will mitigate possible adverse
6
environmental impacts.
6. Concerns were raised that a previous project (Forest Ridge) proposed for the same
site was required by the RO to prepare an ElS, but these two plats were not. The
Forest Ridge project proposed twice as many lots as the proposed plats and
included 55 acres as opposed to 30 acres. Furthermore, the Forest Ridge applicant
did not provide any of the studies requested by the RO to evaluate potential
environmental impacts and mitigation therefore. In the present case, the applicant
responded by submitting additional information pursuant to the RO's request in
accordance with WAC 197-11-335. The RO then determined, following receipt of
said information and negotiations with the applicant, that an MDNS could be issued
for the project pur~suant to WAC 197-11-350. The MDNS process has been
specifically approved by the Washington Supreme Court in the cases of Hayden v.
Port Townsend, supra., and West 514 v. Spokane County , 53 Wn. App. 838
(1989).
7. The appellants also assert that the project should not go forward since it will require
condemnation of private properties for the storm drainage pond. Condemnation
issues are beyond the scope of the Examiner's jurisdiction and are within the
jurisdiction of the Superior Court.
DECISION:
The appeals of Charles Connon and Bernard Mottershead of the environmental
official's issuance of an MDNS for the preliminary plats of Silverwood and
Rosewood Lane are hereby denied.
DATED THIS ¢-~AY OF October, 2000.
S~'I~P[--tEN K. CAIJ'SSEA0X, JR.
Hearing Examiner
TRANSMITTED THIS DAY OF October, 2000, to the following:
APPLICANT: Novastar Development, Inc.
G. Wayne Potter
18215 72® Avenue South
Kent, WA 98032
ENGINEER: Barghausen Consulting Engineers, Inc.
Robed J. Armstrong, PE
18215 72"d Avenue South
Kent, WA 98032
OWNER: Delores Ross
36107 6~ Ave. SW
Federal Way, WA 98023
B.J. Mottershead 708 SW 357"' St. Federal Way, WA 98023
Charles Connon 35530 6t~ Ave. SW Federal Way, WA 98023
Michael D. Rutter ~ 36619 6"' Ave. SW Federal Way, WA 98023
Linda Lorentzen 36607 9t~ Ave. SW Federal Way, WA 98023
David J. Moore 35817 10~ Ave. SW Federal Way, WA 98023
Carol Stiles 35816 10~ Ave. SW Federal Way, WA 98023
Terry Brink P.O. BOx 1157 Tacoma, WA 98401
Larry Karpack 16300 Christensen Rd. #350 Tukwila,-WA 98188
Leonard Hills 36404 6"~ Ave. SW Federal Way, WA 98023
H. David Kaplan 30240 27~ Ave. S. Federal Way, WA 98023
James Geluso 32015 1st Ave. S. Federal Way, WA 98003
Ron Lilley 35615 6"~ Ave. SW Federal Way, WA 98023
Skip Holman P.O. Box 130 Bellevue, WA 98009
Kevin L. Jones 11730 118~ Ave. NE #600 Kirkland, WA 98034
City of Federal Way
cio Chds 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 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.
I
Map Date: July 27, 2000
I
Rosewood Lane
I
33530 First Way S,
City Federal Way, WA 98003
Of and Silverwood
This map is intended for usc as a
graphical represeotztion ONLY. Thc
Federal Way Preliminary Plat
Applications
Legend:
~d' City Limits
~ Right of Way*
~ Rosewo~ Lane
Su~ivision
~ Silve~
Su~ivision
~ Bellacarino
Tract A
Detention Pond
*Not all right of way
is develop¢
Scale: 1 to 6240
1 Inch equals 520 Feet
0 500 Feet
~PAGE I oF
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November 16, 1998
Gregory D. Moore, AICP
Community Development Services Director
City of Federal Way
33530 1st Way South
Federal Way, WA 98003-6210
Re: Rosewood Lane Preliminary Plat Aplication and
Silverwood Preliminary Plat Aplication
Dear Mr. Moore:
We recently recieved a letter from your office noticing us of two proposed projects near our
home located at 36424 9th Ave, SW in Federal Way. Both of the proposed projects could
potentially impact our property which lies adjacent to the proposed plats.
Our property lies within and adjacent to wetlands which are indentified on the respective plat
maps. Our greatest concern is that the prosposed developments will negatively impact our land
by increasng the size and scope of the wetlands.
Secondly, our neighborhood is heavily wooded and is home to many diffemt wildlife species. In
recent years we have noticed an increase of wildlife on or near our property as recent housing
de,gelopments have eliminated wooded areas.
Lastly, The Silverwood Plat shows a major road at 8th Ave SW which could potentially come
directly in front of our home. One of the major reasons we purchased our residence was the
absence traffic flows and the quiet wooded setting.
We would very much wish to be a part of the discussion on the proposed projects and want to
participate in the public hearing process. We can be reached at the following phone numbers if
you need additional information:
Home: (253) 952-2990
John's work: (253) 305-0605
Tracie's work: (253) 924-4084
We look forward to your response.
EXHIBIT ,,,
Sinqerely,
John and Tracie Manolides RECEIVED BY
e~! l~lrr'v DEVELOPM, ENT DEPARTMEIqT
NOV 1 9 1998
NOV. 18 ' 9~ (WED) 16:2~ PIONEER IND. INC. 2532726986
Martin K A4oloney.
$G60~ gth A venue
Federal ~Va y,
City of Federal Way
Greg Moore
Community Services Director
Dear Mr. Greg Moore, November ! 8, 1995
I am writing this letter to expre~ my opposition to the proposed development of the
$ilverwood Plat. My family and I reside at :36606 9"' Avenue SW and the proposed Siverwood
Plat is located across the street NW from us. As a resident here for 15 years, we have enjoyed
and cater to our neighborhood woodlands which provide habitat for a large variety of wildlife
that have already been displaced by overcrowding in Federal Way. Since the development of
another plot ]ust across the Pierce County line SW of us, I have witnessed a substantial increase
in wildlife to our neighborhood. I have to assume that this is a result of residential
development which has diminished much natural habitat. Of the 2 V~ acres I live on. more
titan half is undeveloped and devoted solely to this much welcomed wildlife. Like many of my
neighbors, I moved my family to this particular area of Federal Way in search of larger lots
that were off the beaten track. Urban Sprawl used to be far from my mind when taking my
dogs on their daily walk through woods of our neighborhood. Knowing that many people do
not have the luxury of walking across the street to such a place makes me appreciate the hard
to find sereni~, of our neighborhood. This ts one of the reasons I am so against the
development of this area..
My point is this: the abundant wildlife that now resides in the woodlands of the
proposed Silverwood Plat will be adversely affected by the development this land into high
density single family homes. I have seen it happen before. Ely the time the lawyers/developers
are done, the land will be devoid of everything. Trees, undergrovnh, wildlife, the whole
ecosystem will be permanently altered. Without much neighboring woodlands the coyote, fox.
hawk, rabbit, squirrels, possum, woodpecker, sparrow, finches and no doubt, mice moles and
rats that all reside here will be faced with a relocating problem. I am appalled that the City of
Federal Way would let these lawyers and developers devastate what little natural habitat is
available here. lBlT
In addition to the knowledge of the habitat that will be impacted. I am of the o~i~.
that there are substantial wetlands in the proposed proiect area, and am quite aware
floodl,g issues. My family and neighbors are'also concerned with the traffic impact th~
development will have on our neighborhood. We are anxious to review the studies that you
~o ~'~2 IO:ZO ~l~:~ iND. INC. 2~327269~6
- have utilized in your decision making process. Please provide us with the following data and
reports, as well as any others you may have or have knowledge of as a result of your
environmental studies for Silverwood Plat project.
-Traffic studies
-Environmental Impact Study
-Wet land study, including mitigation studies
-Habitat relocation or impact studies
-Geotechnical studies
My general attitude,and those of many of my neighbors, is that the proiect will not
support the ecological damage you proposed, and must be on record that any diminution in
value to our property will be considered a taking by the government and will be addressed as
such.
Your early response ~o this request is appreciated. Since our notice of this proiect was
late, we are interested in the process yot~ used in notifying the neighbors of the proposed
$ilverwood Plat Project. In any event, we ask that you continue the period of comment for
days after we have the requested documents.
r.
Resident
11/18/98 ~ED 16:29 [TX/P~ NO 6999]
~o'/-]8-98 09:25P P.02
Scan and 13tiana vaa Lcuvcn
35957 9'~' Ave,me SW
..... Federal Way, WA 98023
Ntb'emir 17, 1998
City of F~e~ Way
Con,unity Dcvclo0mem Scn4ces
33530 1't Way ~nth
F~al Way, WA 98~34;210
Attn,: Gmgo~ D, M~, AICP
~tr Mr.
llxh l~er mntai~ks ~r w~tten m~nmcnt$ x~5~ mgaffi ~ the pm~ Si!vem~ proj~, file num~ts
SE~984~2 and SUB9840~, We am c~n~ a~ut ~e ~~t's ~q~ on the envimnmem.
Fir~L tI~ &~'ebpment ~ pro~ ~O ~ constm~ on ~8 mtd one ~fl~e m's larg~ ~x~. I
am un,am at tltkq fi~ w~th~ any bflhe ~s am pm~ m ~ fill~ in mnjunction with this
appli~fion. Hoar'er, m'~ if tim ~n~ am not ffll~ d~op~t
de~sm~g to the w~a~s.
Wetlands a~ a ~tural ~uif~. Any:~ d~,elopment ~ tim imm~iate ~ ~il hahn the w~hnd's naluml
abili~' to pufi~: m~mr. This wetland f~s ~ ~g
~ming. ~t of us am aa.~m t~t ~ State of'Washin~on
to determine how to ~re our ~lmon slm~age. ~e F~I ~rmm ~ man~t~ flint Washin~on
m~ dmgic steps to ~lx~ th~ pr~lem ~ickly. It
.... . signifimnt to ~tu.on s~wning has ~ a p~ta~ ~n~ibut~ to ~c ~ ~ our ~flmon ~pulaliom
5~e ~dlife and plantlife width d~d on thc w~
mmmnding ~d atffi t-~ ~ roi sun~'aL For emt~le, ~'~al ~m~ ag% a ~-Tail~ Hawk nest
~s di~'~ al tt~e sile of this p~ ~.elopment. ~ Imwk ~u~ a sig~mani a~ as hunfit.~g
gmun4 not just the t~ wlmm t~ n~ is l~ted. Core--ion nmtr ~ n~t~g sfle would ~ detrimemal
Io the ~wk's su~'ix-al. ~xg is one' One example of the ~t~thl
S~nd, t~ ~dy ~rmtly ms ~ fl~ comrol 1o ~ pm~m l~t~ to the noak ~e land
a~nll$ abram, a si~ffi~nl am~nt of miuPall. If the h~ we~ mve~ ;~ifl~ ~ha!t ~d ~nc~e, a
sight, at ~u~ioa in abrasion Would ~r. ve~' lilly ~:~ing fl~ pr~Iems.
Th~ I~t~ ~m~,, oar p~imi~, ~cems ~th tega~ to die pm~ Sil~ pmj~ We l~k
fom~afl to wo~ing ~4th
Sia~mly.
11/18/98 WED 22:46 [TX/RX NO 7003]
EXHIBIT
BBICKLIN & GENDLEB, LLP
A~ORNEYS-AT-~W
FOURTH AND PIKE BUILDING
1424 FOURTH AVENUE, SUITE 1015
SEARLE, WA 98101
DAVID A. BRIGKLIN (206) ~21-8868
MICHAEL W. GENDLER F~ (20~) ~21-0512
DAVID S. ~ANN
JENNIFER A. DOLD
C~UDIA M. NEWMAN
November 16, 1998
Gregory D. Moore,
Community Development Services Director
Department of Community Development Services
City of Federal Way
33530 First Way South
Federal Way, WA 98003
Re: Silverwood Residential Cluster Subdivision (SEP98-0042 and SUB98-0006)
and Rosewood Lane Subdivision (SEP98-0036 and SUB98-0004)
Dear Mr. Moore:
I received notice of the above-referenced two development proposals, including an invitation
to submit written comments by November 18, 1998. I represent Roy Parke, who owns land
in the vicinity of the Bellacarino Woods closed depression. Mr. Parke requests that any
residential development within this drainage be developed in a manner that protects against
any increases in stormwater and surface water flows into the closed depression.
It is my unaerstanding that there has not been a SEPA determination for either of these
proposals. We request that SEPA review for these proposals take into account the
cumulative effects of both proposals, and also any other pending proposals within this
drainage.
Please provide me with notice of any SEPA determination. Please retain my name on the
list for notification for any public hearing for these proposals.
Gregory D. Moore, AICP
November 16, 1998
Page 2
Thank you for your attention to this coinment and request for notification. Please contact
me if you have any questions regarding this letter.
Very truly yours,
BRICKLIN & GENDLER, LLP
Michael W. Gendler
MWG:psc
cc: Roy Parke
EXHIBIT
Alma m. Bennett
P.O. Box 23336
Federal Way, WA 98093-0336
November 10, 1998
. RECEIVED BY
COMMUNITY DEVELOPMENT DEp~,~I'K E'~T
NOV ! ?, 1998
Department of Community Development Services
33530 First Way South ............
Federal Way, WA 98003
ATTN: Jim Harris,
Senior Planner
Dear Mr. Harris,
This is in response to the proposed development of Novastar Development Inc.; projects
Silverwood and Rosewood Lane.
Development of this area would be devastating to the wetlands, which are now
contributing much to the ecology of this delicate area. I strongly urge an ElS statement
to be done prior to any approval of this development.
It would seem the developers are so very certain of approval of this project that a sign has
been posted on eighth and 356th streets advertising homes for sale. Although the sign
doesn't specifically state this development, it is my opinion this is what is being sold.
My question is this: Does this sign mean that all these hearings in January will simply be
a matter of formality, informal permission has already been granted???
The holding ponds on 356a' and Pacific Highway South will not effect the flooding, and
the holding pond supposedly for Belacarino Woods has had no effect on the flooding of
this area.
We have delicate flora and fauna in these wetlands, cattails, tiger lilies to name a couple,
salamanders, red-legged frogs, redtail hawks, piliated woodpecker, rufus sided nuthatch,
western screech owl, big homed owl, fox and deer .I could go on and on. Development
of this area would destroy the foraging and nesting habitat for just about all the species.
The dirt from the developing process would also effect the salmon and trout spawning
streams proven to be in the south end of this propery.
We also have a polution problem in the Puget Sound area, one tree gives off enough
oxygen for SEVEN PEOPLE. the trees that will be cut down will add to this polution
I again strongly urge reconsideration of development of any kind in these wetlands, and
preserving them for future generations to enjoy.
EXHIBIT
P GE , OF
Alma M. Bennett
Copies:
Stephen Penland,
Department of Wildlife
Federal Way News
South County ~rc
Tacoma News Tribune
E~HIBIT~
PAGE, I/
City of Federal Way. Bernard J.Mottershead
Community Development Services. 708 SW,357th Street,
Mr.Greg Moore. Director Federal Way. WA.98023
City Hall.
33503 1st Way South,
Federal Way. WA.98003
Nov,17,1998
Mr. Moore
As I did not receive notice reference to the Lane use
application Silverwood/Rosewood Developments.
In a timely manner from your department I am requesting for
an extension of the public hearing to be extended so I can
review the Engineering data for both projects.
I do have some date available at present which I now present
to your department.
Barghausen Consulting Engineers,Inc
18215 72 Ave,South
Kent. WA.98032
Prelimnary Plat of Silverwood report dated June,1996
Revised Oct,1996 June,1997 Nov,1997 Sept,1998
Reference "B"
Barghausen DownStream Analysis
Statement.
The downstream analysis field inspection was conducted on Feb
8,1996 at the time when recorded .
I submit photos at the time when recorded Mar,21,1997
Flooding of the North side of SW 357th,street
you will note there is no accumulation of snow present.
Barghausen
12" concrete pipe under SW 357th,Street is under sized that
being the case the flooding would be on the South side of SW
357th,street and not the north as in the photos.
Barghausen
Reference to the unused 18" CEPE storm drainage pipe
under SW 356th,street
This pipe is approx 10'-0" above the existing 18" storm
drainage pipe under SW 356th,street
The reason for the above pipe is during the SW 356th,Street
road construction I requested from the King County that a larger
storm drain be installed.They refused stateing it would open
the south area to development.
With the help of Mr Philip Keightley at that time was HIBIT
public works manager on the project.
RECEIVED BY
The 18"Dry pipe line is an emergency over flOw if the lower
pipe should collapse or became blocked.
I insisted that this precaution be taken and was mandated
by the then Public Works Manager and the City of Federal
it be installed for that reason.
This is not a s_~pare storm draina e~_~as stated b___~_~hausen'
and will no be used by the above developments for such.
Your,s
B.J.Mottershead
×HIBIT
EXHIBIT
PAGE_~OF_.~
~ ...... ' A. UPSTREAM ANALY$~:
The site is located at the high point of the drainage basin and generally docs not receive drainage from
off-site propertic,s, exce~ approximately 4.3 acres of off-site property to the east that sheet flows onto
both the SLlverwood prelimir~ry plat and the Rosewood preliminary plat.
B. DOWNSTRF. AM ANALY$.I$:
The downstream analysis field inspection was conduc~ on February 8, 1996, at a time when record
flooding wa~ ' inthe
occurring F, ederalWa ~u'ea The r,~,a~ ..............
....... . Y ' record fl-'-'-'--~ -,,~ ,.~uaco vy a weelc of freezing
zouoweo by intense rainfall and rapid thaw. Therefore, we assume we have observed the worst case
condition of the downmeam drainage system. Please see the attached photos that were taken on
February 8, 1996.
Thc site is divided into six sub-basin are~. Basin Al, Basin A2, and Basin A5 will be developed and
a de,died downs~eam analysis is provided on ~he following pages for Basin Al. Basin A2 drains to the
existing wetland a~ the soutbe.~ corner of the site and overflows into Basin Al, so the downstream flow
.;
..._~ ,) path for Basin A2 is the same as Basin Al. Basin A5 flow~ to thc northw~ to Basin Al.
Basin A_3 /s a closed depre~ion wetlnnd that will remain undO, and if it overflows, would
overflOW iulo Basin Al.
Basin B2 is a closed depression (not a wetland) that will remain undisnmrbed open space, and if it
overflows, it wo~ld overflow to Basin BI which flows to the south.
Basin BI comaim a wetland that will remain undisturbed tnd flows to the sou&.
The Silvcrwo~ project will be co~ full width off-si~ stre~ impr. ovemems along 8th Avenue
S.W. beogeen S.W. 356dm Street and the project site. These 8th Aveuue S.W. improvements will
include a new storm drainage conveyance pipe system from the SHverwood pond to S.W. 356th Street
which will eliminate existing flooding problems that occur at the intersection ofgth Avenue S.W. and
s.w. 358th stree dur intense rainfaU cvem.
E
....... XHIBI
,,' PAGE:
$'¢~& 0 / 8
This new conveyance system will also reduce th~ quamity of drainage that flows through the exisfin§
· 12-inch pipe syr, tem that is located between S.W. 358th Street and S.W. 357th Street and S.W. 3561h
'/ Street. The property owner that lives at 708 S.W. 357th Slxeet (Mr. Mottershead) has reported cxisti%~
flooding problems in thc S.W. 357th Stroct cul-de-sac that occur during intense rainfall cvcnta. This
new conveyance system will reduce the quantity of drainage tn'l~tary to the $.W. 35?th Street cul-de-sac
to reduce the reported flooding problem. Mr. Motterahead has stated that he believea that drainage may
back up from the existing Bellacarino Woods pond to thc S.W. 356th Street cul-de-sac. However, this
backup is impo~le because the maximum water surface elevation in the pond ia 311 and the pipe
elevations in the cul-de-sac are 336 (25 feet higher).
This new conveyance system will connect to an exis*in.g~ spare 18-inch CPBP storm dralnase pipe
(crossing S.W. 356th Su~ct at 1.33 percent slope) that currently does not receive any drainage. From
here, dralnagc will flow flmxtsh 40 lineal feet of 18-inch CPEP at 6.28 perccm, then 21 lineal feet of
24-inch CPF_,P at 0.76 percent, rhea 47 lineal feet of 3~-inch CPEP at 0.98 percent, thcn 232 line~l feet
of 36-inch CPEP at 2.10 percem, then 209 lineal feet of 36-inch CPEP at 2.63 percent, then 125 lineal
feet of 36-inch C'PEP at 2.18 perce~ then 220 lineal feet of 36-inch CPEP at 4.61 percent before
discharging into thc Bellacari~ Woods Tract A pond. '
EXHIBIT ')'
PAGE_L _OF.Z_
5468.018 [CMTleclsm]
12' Coztcrem ~ S.W. 358th Slz~t.to $.W. 2.5 988' - 87~' Under Capacity *aP. educed
357th Street
12' Concrete ~ $.W. 3:~Sth Street to $,W. :3.2 875' - 98~1' Under Capaclt7 **Reduced
3..VTth ~
Ditch South of S.W. 3~Tth ~ 989' - 1,I09' U~{ef Capacity "Reduced
18' Concr,xe ~ Undcr $.W. 360th Stn~ 11.8 1,247' - None **Reduced
18" Concrete Pipe Under S.W. 360th Stz'~et , 16.0 1,331' - None **Reduced
CFEP North of S.W. 360th Stn~ 21.5 1,3'78' - None None
1,399'
36" C:PF.P Bellacarlno Woods 72 1,3~' - None None
1,446'
CPEP Bellacarlno Woods 105 1,446' - None None
rtl CP:l~p Bellacartno Woods Il8 1,678' - No~e Nora
CtmP ]~e~ Wood~ 10.7 1,88.7'. None None
~ . 'Nge 2 of 4 ~46s ~
Thc approval to construct BellacaHno Woods im luded the relocation of thc SW 356th
Street and 8th Avenue SW detention facility. A separate permit to relocate the
detention facility was not required. During engi leering plan review the applicants met
condition #29.
Response to item 2:
The relocation of the 356th 8: 8th detention faci ity did not stop water from flowing in
a northerly direction across SW 356th Street. ~ ~ter continues to flow in a northerly
direction, however, the water now drains into th,: Bellacarino Woods retention facility.
Response to item 3:
During engineering plan review, a Storm Drain,, ;e Calculations Report was prepared
by Barghausen Engineering and was required alt ng with engineered civil drawings.
Information within the repotx included an upstre: xa and drainage analysis, on-site
drainage considerations, precipitation and SCS s~ ,ils maps and calculations for
erosion/sedimentation pond sizing, pond sizing, l,ipe sizing, grass-lined swale sizing
and infiltration dry~ell sizing. Additionally, a s ~parate drainage study was prepared
by Brown and Caldwell along with ~. soils repon with infiltration tests. The
Barghausen report did consider the SW 356th St ~et and 8th Avenue SW detention
facility temporary in preparing calculations for t! le site.
Response to item 4:
Your letter lacks specificity as to what propertie~ downstream of the Bellacafino
Woods retention facility are experiencing floodi~ g. The City did receive complaints
earlier this year from property owners in the are t of Beilacarino Woods, i.e., Roy
Gilbert Parke and a Charles Coanon Ir. In respa: nse, the City conducted field visits
and follow-up review of the Bell~arino Woods ~onstruction plans and calculations.
The altactted letters to Mr. Parke and Mr. Connc a contain City responses to these
complaints.
If the City can be of further assistance, please contact our office at 661-4118 or me at 661-4109.
Sincere/~~~,~_/_~
·
Development Services Manager
enc:May 29. 1996 letter to Cl~-te* Coaaon Jr.
April 25. 1996 letter to Douglas F. Albert
c: Gary Barnett. Seaxior Development Engineer
Margaret Clark, Senior Planner
Barbara Cole-Smith, Risk M~x~ger
PAGE OF..
City of Federal Way Bernard J.Mottershead
Community Development Services 708 SW 357Th,Street,
MroGreg Moore.Director Federal Way.WA.98023
City Hall.
33530 1st Way South,
Federal Way. WA.98003
Nov,1 6,1998
Mr.Moore
In response to the Novastar (Rosewood lane Development)
File Project #
SEP 98-0036 Sub 98-0004
6 Ave SW Federal Way WA.
I request that My name be put on the hearing examiner hearing
list for this project and the Novastar
(Silverwood Development) File Project#
SEP 98-0042 Sub 98-0042
98-0006
I also want to know why I have been excluded from the imfromation
with reference to the above developments.
It appears that all the surrounding homes have received this
through the mail.
Your
B. J. Mottershead
RECEIVED BY
COMV!IN~TY DEVELOPMENT DEPARTMENT
NOV 1 6 1998
William T. Goodman
Victoria A. Goodman
35830 8th Avenue SW
Federal Way, WA 98023
(253) 661-6928
November 16, 1998 ~:,r~' oi: ~eu~-~:,','- ~'~:~¥
~' BUtLDING DEPT.
Department of Community Development Services
Attn: Hearing Examiner
33530 First Way South
Federal Way WA 98003
Dear Hearing Examiner:
This letter is to address questions we have concerning the notice of applications for the
Rosewood Lane and Silverwood Developments. My first question is regarding the
increase in the number of houses to be built from 51 lots to over 70. This project was
once rejected by the city due to the large number of houses built in this wetland area and
the concern for water runoff. I am interested in why an increase in the number of homes
in this new plan would be more acceptable than the last project/plan that was rejected that
only had 51 lots.
I am concerned about the increase in water runoff. Where will this water go? I do note
the holding ponds, but are they of sufficient capacity to hold all of the water runoff?. If
not, who is responsible for correcting future problems? When we moved here, we did not
know might have a potential lake to contend with. What measures have been taken to
ensure the safety of the children that live in this area?
I am concerned about the increase in traffic. What improvements and safety measures
will be done to 8th Avenue SW to address the issues? The potential increase in traffic
with 70 homes is 600+ cars traveling down 8th Avenue per ~day. What safety measures
are being taken for the children that walk to school using 8"' Avenue SW?
I do not feel that the Rosewood and Silverwood projects are well planned, the lots are
very small. By increasing the number of homes from 51 to 70+ in such a small area the
amount of oil, gas and pesticides in the water runoff would increase by approximately
28%.
In conclusion, I do not feel that this project takes into consideration the best interest,
safety or concerns of the people currently living in this area.
Most Sincerely, //
William T. and Victoria A. Goodman
EXHIBIT
To: Jim Harris From: Sean & Jeanie Campbell
Federal Way Planning 35807 10th Ave SW
33530 1st Way S. Federal Way WA
Federal Way, WA., 98023 (253) 661-6403
Subject: Land Use Application ~-i c:;~,: t32 ~ */,k ....
Rosewood Lane & Silverwood
Dear ~ Ha~is,
BUILOIN$ BEPT.
As per your c~cular, ~ncemMg ~ application for co~tmction of
residcntiM subdivisions at 360 th & 8~ ~d on ~e 36100 Block of 6~ Ave,
we should l~e to register our oppositon to thc application ~d to submit a
request to appe~ ~d to speak agmst thc proposed application at the
requffed public hcarMg.
J~, %ere are more th~ enough ~d legally acceptable bodies M the VW
~eady, ~d ~ou~ ~e j~ior college level appeM of a~emptMg to "push the
l~i~" may appeal to some, so called" dcvclopcmcm" Inc.s, I t~t the
foresi~t ~d pl~Mg of ~e FederM Way Dept. of
Co~uniW Dcvelopcmcnt
shall see fit ~d appropriate re,on to reject the application.
Our major concern is thc ~pact of ~y dismrb~m to this cnvffomcntally
sensitive ~e~ in p~icul~ ~e wctl~ which ~e Mcluded ~d s~o~d
tMs ~ea. ~c sto~watcr diversion created by thc pl~cd clcarMg of ~is
wooded ~ea would not oMy des~oy ~e sensitive wefl~d ~ea ~d its
wildlife, but would result M scrio~ fl~dMg.
Ple~c advise me at yo~ c~liest oppo~W, of ~e date of the requ~ed
public hca~g at wMch we pl~ to voim ou~ opposition to thc application.
SMcerely,
Sean W & Jeanie Campbell
EXHIBIT
PAGE_ [_OF.i..
RECEIVED
NO~ ~ 3 1998 Charles J Connon
CITY CLERKS OFFICE 35530 6th Ave S.W.
,'.7.',T¥ OF i:EDERALWAY Federal Way WA 98023
11 November, 1998
Phone: 253-838-2392
To: Gregory Moore AICP, Community Development Serv Dir.
Subj: Comments for Hearing Examiner on the 'Silverwood' and
"Rosewood Lane" projects...
Sir,
Review of the preliminary data provided by the developer at City
Hall indicated the following items do not address / solve existing and
added stormwater pr. oblems. Allowing this project to advance
without resolution of these problem will cause further impact and
damage to a few citizen's property while allowing a company or
corporation to benefit. It doesn't seem right that a big developer can
profit by dumping on the property of private citizens. I believe
sending your water offsite is in fact dumping it on someone else.
Because the plat information for Silverwood and Rosewood Lane is
not complete and also very lengthy, I request an extension of the
time allowed to review this data, addition data provided by the
developer and the time to present comments for the public Hearing
Examiner to February 1999 or 21 days prior to the public hearing,
whichever is longer.
Following are some of the unresolved issues which may / will cause
or add to problems which seem to be caused by the Bellacarino
Woods Project. The reason that Bellacarino Woods is being brought
into a Silverwood / Rosewood Lane hearings is because the
Silverwood project plans show that their excess water will be
dumped into the Bellacarino Woods retention pond which I consider
to be unsatisfactory at this time. The Bellacarino Woods project is not
complete. See Silverwood Preliminary Stormwater data page 12 and
others. Page 58 states that the current Bellacarino Woods retention
pond was built 0.63 acre feet less than the required total volume to
satisfy the current Bellacarino Woods project. Adding Silverwood and
Rosewood Lane will not help this problem.
EXHIBIT_.
PAGE
1. Silverwood Preliminary Technical information Report (stormwater
Package), Page(s) 61 and others state the stormwater from
Silverwood and Rosewood will be dumped in the existing Bellacarino
Woods retention pond. Properties to the east and south of the
Bellacarino Woods retention pond have experienced increased
flooding since the Bellacarino Woods project was started.
2. Silverwood Preliminary Stormwater Package, Page(s) 47 through
the end. The Bellacarino Woods retention pond capacity is / was
figured using a figure off 311 feet as the point that water should not
exceed. Pages 53, 54. The berm height has a low point of about 306
feet. ( actually 304.4' according to the Silverwood data). This means
that the level will never reach 311 feet since at 306 feet it runs over
the bank and floods neighboring property. The calculations on page
57 and elsewhere show a figure of near 311' (309.7' in this case ) to
calculate required pond capacity. Since this wall / berm only is about
306' anyone can see that trying to get the pond to hold water up to
the 311' level won't work. See data on pages 52,53, 56, 57, 71, 72,
73, & 74. Adding more water from Silverwood and Rosewood Lane is
not going to cause less flooding. Digging the pond floor level down to
295' might add enough capacity to contain the present Bellacarino
Woods runoff, but I don't think it will contain the additional
stormwater, roof water and street / driveway water from Silverwood
and Rosewood Lane. Page 58 of the stormwater data shows that the
Bellacarino Woods pond is presently undersized to serve Bellacarino
Woods.
3 The Silverwood Preliminalry Technical Information Report
(Stormwater Package )- Page 47A. If the magic number which cannot
be exceeded (even in a 100 year storm) is 311 feet, why would the
overflow for the Bellacarino Woods retention pond be placed at some
319.5 feet ? See OFFSITE POND EXCAVATION TRACT'A' BELLACARINO
WOODS, PRELIMINARY PLAT OF SILVERWOOD, top left, one forth of
the way across the sheet. For that overflow to become active
(actually used), everything from the Bellacarino Woods retention
pond down to at least Hwy 99 would have to be under water. ( See
TOPO information on City index maps 302104 & 292104 ) Why
would an overflow be put at 319 feet plus if you wanted to insure
the water never went over 311 feet ? Or why would one side of a
retention pond have a beam at 306' when you are trying to fill it to
311' ? There may be several answers to these questions., but
everyone I come up with doesn't reflect well on the developer(s) If
one were to research what happens to the water that goes into the
EXHIBIT
system that connects to the 319.5" overflow. They would find that
there are some street basins that flow into it and that the system
then bypasses the smaller Bellacarino Woods retention pond (located
east of 5th Ave SW and north of SW 353rd St) and then flows
(floods) private property to the east. (Tax # 3021049147) Pictures
available on request.
4. The Preliminary Technical Information Report (stormwater) for
Silverwood, page 4, para 4 states: "Basin AS drains toward the north
to Basin Al". The Pre-Development Drainage map shows Basin A1 to
be located to the south west of Basin AS.
5. The Preliminary Technical Information Report (stormwater)
Section II, Preliminary Condition Summary, The document states
that this data is "(not available until after preliminary plat
approval)". This preliminary data is not provided and is needed,
would be most helpful for preliminary review and comment to the
Hearing Examiner.
6. The Preliminary Technical Information Report (stormwater) page
12, Special Requirement No S states "A coalescing plate oil/water
separator will provide water quality treatment ..." Special
requirement No.6 concerning oil/water separator states"This
requirement does not apply to the project..." King County Surface
Water Design Manual page 1.3.8-1 (about page 48 in this report)
appears to state otherwise and that the standard is 1 acres of
impervious surface, not 5 acres as stated. It also states that this
should be reviewed under the Sensitive Area Ordinance even the
though the closed depression is not included in the County Wetlands
Inventory (lst paragraph on page 1.3.8-1 under the chart)
6. The Preliminary Technical Information Report (stormwater) page
13, Special Requirement No 8 states that it does not apply. It should
apply because peak runoff is going into the closed depression. See
pages 53, 54 & 55 concerning closed depression flooding'. Also the
above reference to Sensitive Area Ordnance and page 1.3.8-1.
7. The Preliminary Technical Information Report (stormwater) page
13, Special Requirement No 9. State that it does not apply and it
should apply for the reasons stated in 6. above.
8. The Preliminary Technical Information Report (stormwater) page
and it
13, Special Requirement No 11. states that it does not apply
EXHIBI
T
PAGE._ LOF..
should apply because lots immediately to the west of the retention
pond have slopes in excess of 15 degrees. (tax lots 0662310130,
10140, 10150, 10160, 10170, 10180, 10190 etc.)
9. The Preliminary Technical Information Report (stormwater) page
13, Special Requirement No 12 should apply because construction
and extensive earth movement in the area of the retention pond
has/may have changed the soils content/layout.
10. Same document, photos not marked, described or discernible.
11. The Preliminary Technical Information Report (stormwater) page
47 Closed Depression Analysis For OFF-Site Closed Depression At
Bellacarino Woods shows Project Data soils as Alderwood (AgB) while
their own Soil Type Map at about page 61 ( page after Vegetation
Cover foldout page) shows it as AgC. This further supports the need
for Special Requirement No 12 above.
12. The map sent out with the Notification of Use Letter is not the
same map shown to me at City Hall. The one sent out has nUmerous
changes. IE: TRACT K, and L have been added which change several
lot sizes. The area breakdown figures are different on each
document. The so called access areas, Tract H, I, J, K, & L (DEPENDING
UPON WHICH PLAT PLAN YOU LOOK AT. Are these defined as
driveways ? Are they public ? How do they fit in with Chapter 13,
16, 20-180 and 22 of the Code ? Will they allow access for
emergency vehicles ? (22-152 (c)) Reviewing portions of the City
code show this to be a gray area. If they are driveways, there are
restrictions on width and they also can't be closer the 25' to the
street intersection. (22-1543) Is a cul-de sac considered an
intersection ? If the TRACTS are considered streets then the location
of driveways may impact the building envelopes in these areas. One
thing is definite, there must be a streetlight. (22-1497(2) and NO
Parking would be permitted ( 22-1498 ).
13. TRACT F which is the Open Space area required by Cluster
Subdivision and intended to be considered for use by lot owners as
active recreation areas has limited access. (Different depending upon
which plat plan you look at ) Since this area may be dedicated to the
City as a park or to the landowners (Sec 20-155 (d & e) it seems that
there should be good access for all the lot owners and / or provisions
for auto parking if good access can't be provided or the areas
becomes dedicated to the City as a park. T ~ ~ ,..A~
':t'. EXHIB!
PAGE OFFS.
14 The Preliminary Plat drawing shows three (3) 80' R temporary
turn around. It appears that they might be closer to 30' R turn
around. The one at proposed SW 361st ST and east property line
makes sense because of the proposed Rosewood Lane project. The
one at the south end of 8th Ave SW make no sense because if there
was any intention of continuing .the street it would line up with the
existing private road to the south. (20-151 (a & b)) It doesn't. There
for it seems that this should be a permanent 50' R turnaround. The
same is true for the one on the west side of SW 361st St. Apparently
10th Ave SW has been vacated at that point. The chances of SW
361st St connecting with 10th Ave SW seem remote. Why make a
temporary turnaround ? Make a permanent 50' R turn around since
it in all probably will never change..
15. Code section 20 states that all water, sewer, storm drainage
system when complete shall be dedicated to the proper authority(s)
and there will be easements for electric, gas etc. Noting the size of
the lots, the fact that each lot may (probably will not ) not have room
for dry wells for roof drainage etc. and guessing where all these
easements might be, one has a problem fitting the "typical building
envelope (40' X 50')" as shown on the one plat drawing, onto some of
these lots while maintaining proper setbacks. Sec 20-111 (1) p.
indicates that setback lines should be included. It would seem
prudent to show the building envelope on each lot so a prospective
buyer could determine what type of building could fit on the lot. The
setback lines appear to be shown for the Rosewood lane project along
with the sidewalk information.
16. The plat maps show the existing power line that extends past
10th Ave SW is to be removed. If it is removed and put underground
in the same location there would still need to be a utility easement
and restriction on the building envelope for lots 12, 13,14,15, 30, and
31.
17. Code section 20-151 (b) states that new subdivision streets
should be coordinated with existing intersections ... at a 90-degree
angle plus or minus five degrees. I calculate the intersection of the
new 8th Ave SW intersection with 360th SW to about 70 degrees.
Also at the same corner, a fence will be required around TRACT A (
Stormwater pond ) which must either be setback or have something
done to satisfy 22-151 (f) site distance.
EXHIBIT,
PAGE OF
18. The Landscaping Plan shows only new plantings near the streets
and in the storm retention area (TRACT'A') This infers that most of
the entire plat will be scraped off in violation of Sec 20-179 & 20-
186. This action could cause water and silt runoff problems. I find no
information on significant trees etc. as required by Sec 20-111 (1) h.
19. The Preliminary Plat/Lot Clustering of Silverwood drawing(s)
shows street or road information that does not seem to comply with
the drawings for streets in the current code book.
20. The Preliminary Technical Information Report (stormwater) page
22. The summary says that Basin A1 & A2 will be combined, part of
A1 will be developed and will not drain to the detention system.
Why bypass an onsite detention system to send the water offsite to
be someone else's problem ? The same is true for Basin A4 see page
23. The Basin A5 water is being sent offsite and if the owner there
decides to develop it will be his problem what to do with the
Silverwood water. Page 24. Why isn't the retention pond on the
Silverwood property required to sustain a 7 day / 100 year storm
rather than a 7 day 2 & 10 year storm .7 They probably could
contain their water on their property. See page 21 - 29 and King
County Surface Water Design Manual page 1.3.8-1 Threshold,
Sensitive Areas Ordnance, and Floodplain sections.
I am not an Engineer. I think that the points and references above
are correct. The Preliminary Technical Information Report is made
up of sequentially numbered, unnumbered, number - numbered and
? marked pages. Some typed, some computerized, some hand written
and as near as I can tell most not attributed to anyone. For example
on page 61 we have one page of a letter from Earth Consultants, the
rest of the pages are missing and there is no signature. Pages 37 -46
seem to be from King County etc..
The last sentence in para 1, page 16 (concerning flooding at SW
357th ST) states: "However, this backup is impossible because the
maximum water level in the pond is 311' "( I still don't know how
you fill a pond to 311' when one side is about 306' high) "and the
pipe elevation os 336'(25 feet higher)". Using this approach, your
bathroom sink can never back up since its higher than the drain.
Referring to para i again, perhaps there is / was restrictions in the
pipe since the area didn't flood prior to the Bellacarino Woods
=d doe .ow. EXHIBIT
Charles Connon
35530 6th Ave S.W.
Federal Way, WA.98023
17 Nov, 1998
Subj: Comments for the Hearing Examiner on the Silverwood and
Rosewood Lane Plats.
To: Gregory Moore AICP, Community Development Service
Director / Hearing Examiner
Additional information for the Hearing Examiner Concerning the two
Plats mentioned above.
I have not had an answer to my 11/11/1998 request to extend the
review time for these projects until February 1999 or 21 days prior
to the public hearing so I make the same request again.
1. The Silverwood Preliminary Technical Information Report page
53, para 7 states: "Significant storm events occurred February 4-
9,1996, and December 26-31, 1996 that caused flooding in the closed
depression... ". It fails to mention that the retention pond also
overflowed theist through the 22nd of January ~997, Whats now
called the closed depression was flooded from then until the 2nd of
March 1997. On the 18th of March, 1997, the water was once again
overflowing the retention pond banks and flooding whats now called
the closed depression. It wasn't until the 3rd of April, 1997 that the
closed depression again looked dry. On May 31, 1997, at 10:00 water
was observed running over the bank of the upper retention pond (in
the area of S.W. 353rd) flooding property to the east~ January 26th,
1998. Once again water was going over the bank of the large
Bellacarino Woods retention pond. This happened even after the
Bellacarino Woods retention pond was over excavated during the 1st
& 2nd week of September, 1997. These are not the only times the
retention pond flooded, just the ones I happened to observe. TO
STATE AS ABOVE THAT THERE WERE SIGNIFICANT STORMS IN
DECEMBER AND FEBRUARY OF 1996 THAT CAUSED FLOODING SEEMS
TO UNDERSTATE THE FACTS.
2. Secondly, while reading the Preliminary Technical Information
Report it snuck me that ponds, Tracts, depressions and closed
depressions were getting intermingled and lumped together, or
example on page 68 of the report, there is an excerpt from
CO~.~! INITY _bEV_
/' NOV 1 8 1998
Bellacarino Woods Final drainage report. This page and the following
few pages are a part of the Bellacarino Woods report. ( but not all of
it ) The first paragraph on page 68 states "A closed depression of
regional significance exists on the northeast portion of the site. To
avoid potential downstream impact, the ..." What is now being
referred to as the closed depression, is not at the northeast portion of
the site. It is in fact off the site to the east and south. Page 29 & 70
States: "if the developer proposes to relocate the retention facilities
(for increased runoff from improvement to S.W. 356th street) from
lots 3, 4, and 5 to the closed depression, compensation ... ". The closed
depression that they are referring to is not the one offsite to the east
but in fact the one shown on Barghausen Drawing: Tract A Pond
Volume Calculation / Cut map dated 9-11-92 included with the
Bellacarino Woods Preliminary Technical Information Report. This
drawing names the Tract A closed depression and shows it to be
located on the Bellacarino Woods property. Barghausen drawing:
Upstream / Downstream Drainage Area 1, shows an area in the
"northeast portion of the site called the "East Basin". From page 68
above and the referenced drawing, the" EAST BASIN" is what was
referred to as "a closed depression of regional significance .. at the
northeast portion of the site on page 68. This "closed depression of
regional significance" seems to have migrated to the southwest to
become the Tract A closed depression,( see Tract ~ pond Vol Dwg ...)
still located on development property. It now seems to have moved
offsite to be known as the "Closed Depression". See page 53 of the
Silverwood Preliminary Technical Information Report paragraph 2:
It states in part,"The City Of Federal Way has received a compliant
from Mr. Parke about flooding ..., and that the flooding in the closed
depression on his property increased after the Bellacarino Woods
develpoment". The closed depression of regional significance seems
to have moved from the Northeast comer of the site to the center of
the site and now moved fully offsite and is now referred to as the
"closed depression on Mr. Parke's property" or the "closed
depression". Page 70 also infers that the closed depression should be
somewhere in the area of S.W. 352nd ST. Para 29. "If the developer
proposes to relocate the retention facilities (for runoff from
improvements to S.W. 356th St) .... A iS-foot gravel access shall be
provided .... from S.W. 352nd St to the closed depression." This infers
that the closed depression should be in the area of the original East
Basin since it doesn't make sense to require a 15-foot gravel access
from S.W. 3S2nd across S.W. 353rd to the area where the retention
pond ended up. Pages 79 & 80 now talk about the West Basin. I can't
find any West Basin on the referenced drawings. I do find an East
EXHIBIT
a' PAGE_e' OF._.
Basin as mentioned above. There is a depression to the west in the
area of tax lot 3021049007 which either overflowed and flooded tax
lot 4405600240, or clearing / development of the Bellacarino Woods
lots in that area caused the flooding of the mentioned property. The
solution was to dump the water into the storm system at 8th Ave
S.W.. I have not been able to determine if the work was done with a
building permit.
3 The same paragraph states the "Mr. Parke owner of the property
located west of Bellacarino Woods Tract A, ..." Mr. Parke did not
move his property, it is still located to the EAST of Bellacarino Woods.
4. The Environmental Check List for Silverwood para 3, water, states
that the "site has three wetlands and an intermittent stream." I can
not find the stream identified on the Preliminary Plat drawings or
any information about it in the Preliminary Technical Information
Report covering stormwater. Shouldn't this be addressed ?
5. The Environmental Check List for Silvenvood, B.3.c. 1) states that
"water will be collected through a stormwater system and conveyed
offsite to a detention pond downstream." There is no other
discussion of this and of the fact that the pond where this water is
being dumped overflows into a depression which'may cause this to
be reviewed under the Sensitive Areas Ordnance.( King County
Surface Water Design Manual, page 1.3.8-1) The Rosewood Lane data
indicates the same thing.
6. The Rosewood Lane Environmental Check List shows a road design
that doesn't seem to conform to any in the current code book.
EXHIBIT
PAGE.. ___.OF
RECEIVEF ~Y
COMMUNI~ DEVELOPME ,EPAR~E~
NO¥ 0 5 1998
City of Federal Way
Community Development Services
Mr.Greg Moore. Director Bernard J.Mottershead
City Hall. 708 SW 357 th Street,
33530 1 st Way South, Federal Way. WA.98023
Federal Way. WA.98003
Nov, 4,1998
Mr.Moore
In response to proposed development filed 3,Nov,1998
Novastar (Siverwood Development)
SW.360 Street,
Federal Way. WA.
I object to this development on the same grounds when Novastar
last applied for a permit to develop this parcel.
The City of Federal,Newhall Jones, and all other parties
involved with the Bellacarino Woods Development which the
Surface water run offfrom the Silverwood development is intended
to discharge into (Retention Pond Bellacarino Woods).
The Bellacarino Woods Development did not comply with the hearing
Examiner ruling reference to the existing Bellacarino Woods
retention pond Elevation 319 over flow.
It now is clear that this was elevation was raised to accommodate
the surface water run off from Silverwood.
As you know Mr.Moore
This problem has yet to be resolved
I request that I will be notified by the City of Federal Way
of all hearings in reference to the above development.
Photos will be made available at the hearing.
Yours
B.J.Mottershead
Copy to. Philip Keightley Dept City Manager
Cary Roe. Public Works.
Stephen Clifton. Public Works.
Jeff Pratt. Surface Water Manager.
All members of the Federal Way City Council.
EXHIBIT_. ..
PAGE 3l
Mr.B.J.Mottershead
708, SW,357Th,Street,
Federal Way. WA.98023
Nov,5,1991
Hearing Examiner
Department of Community D~:velopment
City of Federal Way
33530 1St,Way,South,
Federal Way. WA.98003
RE:Preliminary Hearing of Bellacarino Woods
Site Located SW 352 Nd St and SW 356 Th St
Between 4 'th Ave SW and 9 Th Ave SW
Applicant:
Mr G Newhall
~ewhall Jones Co
12515,Bel-Red Rd
Bellevue,WA.
Dear Sir,
I submit to you co.nments and photos in regards to the
above plat hearing November,12,1991.
I have lived at the-above address since 1980 and over the years,
I have monitored the surface water run off from SW 360,Th,and
8,Ave,SW.
The Water run off has increase,The existing 10" drain will no
longer handle the volume of surface water run off.
From the south to the noxth under 356Th,st, I feel that this
is a problem that needs to be addressed with regards to the
above hearing.
Sincerely
Bernard · J · Mot ter shead
) r~[,. L.,? · -' ..
EXHIBIT ). ..
.......... _P_AGE
CITY OF ~
335~0 IST WAY SOUTH FEDERAL WAY, WA 98003-6210
November 20, 1996
B.J. Mottershead
708 S.W. 357th Street
Federal Way, WA 98023
RE: Response to O~estions Regarding Surface Water Run, ,ff and Storage
386th Street Project and Bellacarino Woods
Dear Mr. Mottershead:
The City is in receipt of your letter expressing concerns about su~ face water runoff in the vicinity of
SW 356th Street and 8th Avenue SW. Specifically, you request nformation related to the following:
1. Removal of a surface water detention facility built by King County related to 356th
Street improvements and a copy of the permit fo, the construction of the relocated
facility.
2. Surface water runoff from 357th, 358th and 360t1~ street via I$" piping running under
356th Street between Sth Avenue SW and 6th Ax, roue SW.
3. Report supportin~ the removal of the King Count t detention facility on SW 356th
Street.
4. Flooding of property east of Bellacarino Woods d :velopment.
In response to your request, the following corresponds to the abo"e issues.
Response to item 1:
A surface water detention facility was constructed northeast of SW 356th Street and
8th Avenue SW as part of the SW 356th Street Ir ~provement Project. During the
platting process, the developer of Bellacarino Wo~ ~ds requested to rel _oc.m_._.._¢ the retention
facility to utilize the area for single family constr~ teflon. Condition #29 of the
preliminary plat approval addressed the potential ' elocation of the retention facility.
.- , The condition required the developer to compens.~ t~ for the relocation of the storage
capacity of the detention facility by increasing the size of the pond/dosed depression
within the Bellacarino Woods developmeut. The ~mount excavated was to be equal to
the amount displaced by the relocation of the SW 356th and 8th Avenue SW detention
facility at specific elevations.
£XHIBIT___
The approval to construct Bellacafino Woods im luded the r~location of thc SW 356~h
Street and 8th Avenue SW detention facility. A separate permit to relocate the
detention facility was not required. During engi ~eedng plan review the applicants met
condition//29.
Response to item 2:
The relocation oft. he 356th & 8th detention faeiity did not s~op water from flowing in
a northerly direction a~ross SW 356th Street. ~, ater continues to flow in a northerly
direction, however, the water now drains into th,: Bellacarino Woods retention facility.
Response to item 3:
During engineering plan review, a Storm Drain~ ~e Calculations l~port was prepared
by Barghausen Engineering and was required alt ng with engineered civil drawings.
Information within the report included an upstre, m and drainage analysis, on-site
drainage considerations, precipitation and SCS s, ,ils maps and calculations for
erosion/sedimentation pond sizing, pond sizing, 1,ipe sizing, grass-lined swale sizing
and infiltration drywell sizing. Additionally, a ,~ ~'parate drainage study was prepared
by Brown and Caldwell alon8 with a soils rq~on with infiltration tests. The
Barghausen report did consider the SW 356th St 'eet and 8th Avenue SW d~ention
facility temporary in preparing calculations for t~ te site.
Response to item 4:
Your letter lacks specificity as to what properfie: downstream of the Bellacarino
Woods retention facility are experienein8 floodh g. The City did receive complaints
earlier this year from property owners in the are. ~ of Bellacarino Woods, i.e., Ray
Gill~rt Parke and a Charles Connon Ir. In res'Ix nsc, the City condu~d field visits
and follow-up review of the Bellacatino Woods :onstruction plans and calculations.
The attached letters to Mr. Parke ~nd Mr. Connc a contain City responses to these
complaints.
If the City can be of further assistance, please contact our office at 6614118 or me at 6614109.
Sincere/~~~ ~
Development Servic~ Manager
eric:May 29. 1996 l~tter to Ch~'t~ Connon Jr.
April 25, 1996 lett~ to Dougl~ F..Mbert
c: Gary B~J-nett. S~ior Development Engino~'
Margaret Cl~'k, S~ior Pham~r
EXHIBIT"''
Barbar~ Cole-Smith. Risk Manager
PAGE
Silverwood & Rosewood Concerns
Federal Way Planning
33530 First Way South
Federal Way, WA. 98023
Phone 661-4019
Jim Harris;
We have concerns with the development of Silverwood (SEP98-0042
and SUB98-0006) and Rosewood Lane (SEP98-0036 and SUB 98-00041
These proposed developments required an EIS (Environmental
Impact Statement) under the name Forest Ridge by the Hearing
Examiner and the-Federal Way City Council.
We believe that an EIS should be required for any Development
on this property to prevent destruction of Wetlands Wildlife
Habitats, and to prevent reduction of water retention. The current
level of water retention slows flooding and allows infiltration to
the Hylebos Aquifers.
We would like to have an Environmental Impact study done on
these properties covering at least Water Drainage, Traffic,
Schools, Wildlife and Water retention.
Wetlands can provide some measure of flood protection by
holding the excess runoff after a storm, and then releasing it
slowly. The size, shape, location, and soil type of a wetland
determine its capacity to reduce local and downstream flooding.
Wetland soil acts as a sponge, holding much more water than other
soil types. Even isolated wetlands can reduce local flooding, if
the wetlands were not there to hold stormwater runoff, backyards,
barns and basements would more often end up under water.
We have an issue to the flooding that now occurs andcan only
get worse with more impervious ground. The Belecori~na Woods
holding pond which, will be the Silverwood holding pond has been
flooding its Neighboring property ever since. That property owner
has been trying through legal means to get this rectified. Jkny
flooding down stream from a development is the responsibility of
the Developer and the City, which gives the permit to build
causing flooding down steam.
The properties between 360th SW and 356th SW have had
flooding even with the slowed flow by retention and detenion for
fhe water from this wetland from South of 360~h. There are
pictures of the volume of water that flows from this area and the
flooding of 8~h Ave SW which in turn adds to the volume of the
Belcorina Woods holding pond which flood now.
we would like to know who authorized th~ change the level of
the pond at Belicorina Woods from 306 feet as stated by the
Hearing Examiner to the now height of 319 feet. We would like to
see a copy of the permit with authorizations to overrule the
hearing exauniner.
Why Traffic light at 8~ Ave SW and 356~h Street SW has not
had the left turn light turned on although it was installed over
two years ago.
We believe the closing date of November 18th for written
comments, should be extended until the public hearing which at
this time has no date set. This would only he fair since the
Public hearing has no Date.
Da~ J~ and Debbie J. Moore EXHIBIT
Federal Way, WA 98023 RECEIYEDBY
927 - 0273 COMM! I.~!,~' 9EYELO~N15NT D£DARTUE.NT
NOV 1 ? 1998
November 2, 1996
Federal Way Planning
33530-1st Way South
Federal Way, WA. 98003
Phone# 661-4111 (Leave message)
Margaret Clark;
Here a list of people that have concerns and want to be placed on
the mailing list for the property called Silverwood near 8tn Ave
SW and 360~. Part of old Forest Ridge.
Signature Printed Name address Phone#
I~MMUNITY Dc. ~I.O°MENT DEPARTMENT
NOV .1_ ? 1998
Petition: for an .IS for the proposed Silverwood Subdivision
(Formerly Forest Ridge) 9/26/96
For the Area Located South of 360~ SW between 8"~ Ave SW and 12"~ Ave SW, for 51 homes
formerly known as Forest Ridge.
This Property required an ELS (Environmental Impact Statement) for Forest Ridge as stated by the
Hearing Examiner and the Federal Way City Council.
We the undersigned believe that an ElS should be required for any Development on this property to
prevent the destruction of wetlands and Wild life Habitats, and to prevent reduction of water
retention. The current level of water retention slows flooding and allows infiltration to the Hylebos
Aquifers.
It is our understanding that this area is the largest undeveloped area left in the City of Federal Way.
The City of~ederal Way Land Use Hearing Examiner will hold a public hearing on the preliminary
plat application at 2:00 p.m. on November 5, 1996, in the Federal Way City Council Chambers,
located at 33530 - 1st Way South, Federal Way, WA 98003.
For more information you can call Margaret Clark, Senior Planner, at 661-4111.
S~.~_
Petition: for an ElS for the proposed Siiverwood Subdivision
(Formerly Forest Ridge) 9126/96
For the Area Located South of 360~h SW between 8"' Ave SW and 12'~ Ave SW, for 51 homes
formerly known as Forest Ridge.
This Property required au EIS (Environmental Impact Statement) for Forest Ridge as stated by the
Hearing Examiner and the Federal Way City Council.
We the undersigned believe that an EIS should be required for any Development on this property to
prevent the destruction of wetlands and Wild life Habitats, and to prevent reduction of water
retention. The current level of water retention slows flooding and allows infiltration to the Hylebos
Aquifers.
It is our understanding that this area is the largest undeveloped area left in the City of Federal Way.
The City of Federal Way Land Use Hearing Examiner will hold a public hearing on the preliminary
plat application at 2:00 p.m. on November 5, 1996, in the Federal Way City Council Chambers,
located at 33530 - 1st Way South, Federal Way, WA 98003.
For more information you can call Margaret Clark, Senior Planner, at 661-4111.
Signatures: Address:
~ ~ c~ .~ ;I/,,. ~.f~ i.~ 6, ~-~ /~/~.. ~.~,
-' RECEIVED BY
COMMUNITY DEVELOP' '-':~T '3EPARTMENT
NOV 1 7 1998
co-Y OF ~
~ 33530 1ST WAY SOUI'F{ FEDERAL WAY, WA 98003-62~
December 3, 1998
To: Interested Parties
Re: RosewOod Lane Subdivision -Application Numbers SEP98-0036 & SUB98-0004
Silverwood Subdivision -Application Numbers SEP98-0042 & SUB98-0006
Thank you for your comments on the above referenced subdivision proposals. There were a
number of important comments provided to city staff through this initial public comment period.
Many of the comments were related to drainage, traffic and wildlife. While a specific response to
your comments will not be presented at this time, the comments you provided will be considered
as the city begins the process of reviewing these subdivision proposals.
Many of you requested an extension to the comment and review period for these proposals. To
clarify the procedural steps for these proposals, in addition to this early notice and reques3~for
public comments, there will be two additional points to submit comments. Therefore, there is no
need to extend the comment and review period at this time.
Notice and opportunity for public comments will also occur following the city's issuance of an
environmental decision and at the point of conducting public hearings regarding these proposals.
Public hearings will be conducted by the city's Hearing Examiner, who forwards a
recommendation to the City Council for final consideration. Notification of the enviromnental
decisions and public hearings will be provided through mailing to each property owner within
300 feet of the sites, posting the sites and public places, and publication of legal notices in the
newspaper.
If you have any further questions or would like to review the project files, please give me a call
at (253) 661-4108.
Sincerely,
Greg Fewins [0~R[SP0~[:d ~[
Principal Planner EXHIBIT-- -
Charles J. Connon UAR 9 2000 CITy OF FEOERAL WAY
MANAGEMENT SERVIcEs
35530 6th Ave SW
Federal Way, WA 98 CilyClerks 0race ~3-838-2392
City of Federa( Way
Dear Council Member
Subject: Silverwood, Rosewood, Bellacarino Woods stormwater and
condemnation of several properties.
The following is an over simplified explanation of the Silverwood,
Rosewood, Bellacarino Woods stormwater and condemnation issues in
an attempt to show you that you may not be aware of other
viewpoints on the issue. Perhaps a public meeting or someone who
would help point out a different perspective could hdp. Please talk
to me or someone who will feel the impact of what is being done.
1. Barghausen wants to plat Rosewood and Silverwood developing
79 lots. These are the same people who developed Bellacarino Woods.
The City still holds a bond on Bellacarino Woods at least partially
because of the retention pond. (so its an open issue)
2. The stormwater from these two new plats would be piped.almost
'direcdy to the Bellacarino Woods retention pond which currendy
overflows it's banks and floods properties to the east. (Mr. Parke's
and others) There is a proposed retention pond on the Silverwood
Plat which would slow the water down slighdy.
3. The City is in the process of condemnation of Mr. Parke's property
to construct a Regional Stormwater Retention Facility. If this is
successful, other properties will be condemned, including mine. The
City says that the proposed stormwater facility has nothing to do
with the fact that the Bellacarino Woods pond currendy overflows
and the fact that adding Silverwood and Rosewood stormwater to
that already overflowing pond will add to the problem.
4. In order to put more water into the Bellacarino Woods retention
pond, the developer plans to over-excavate the current pond. This is
really almost a complete redesign, but it seems that they may be
able to escape a complete design review by calling it over-
excavation.
S. 'Fhe big problem the developer faces ~,~ ith Silvem ooa ano .
Rosewood stornm, ai'er is that if it is allowed to flow to the souP~A~Ei ..0F
-- 6" X ..'"' '""::" ""-".-
impacts .the Saloon_Habitat creating much tougher requirements for
developr~en~.-So the.proposal is to send the water by pipe to the
north to :thelBellacarino Woods retention pond and into the new
Regional Stormwater Retention Facility when built. The reason the
BeIlacarin6 WoOds r,e. tention pond overflows and floods the private
proper(es to the east seems to be that if it was constructed properly,
it would overflow into the Hylebos Creek Basin raising the Salmon
Habitat ~lue.s~ons again.
6. As I see-it-.there are-two real problems facing the City. First since
the City has already approved Bellacarino Woods, should the City
loose in it's attempt to condemn Mr. Parke and others and are unable
to construct the Regional Stormwater Retention Facility, what do we
do about the current flooding ? I don't think it wouId be the
developer's problem since the City has approved his plans. If the City
is successful in the condemnation, the mx payers end up paying for
the legal fees (which I understand are contracted out), the cost of
buying the property and construction of the facility. I would estimate
about 2 million before all is done. The second problem is this. If the
City approves the Silvem/ood and Rosewood plats before the
condemnation is settled and loses the condemnation suits, it would
seem that the developer's stormwater becomes the Cities problem.
Either way, if the City approves the Silverwood and Rosewood plats,
the developer wins. If the Regional Stormwater Retention Facility is
built there is room for his water, if its not built, he sues the city for
damages or to find a place for his water.
7. I think the City has taken a stand about how and what they plan
to do and refuse to back down or admit there may have been a
better way or some mistakes made. Who cares if there were ? The
City seems to backing itself into a comer. Someone has to stand up
and say lets look at this again and be sure we are using the right
approach. I think the Bellacarino Woods current water problem, the
Silverwood and Rosewood plats future problems can be solved with
litde expense to the City and without condemning private property.
(including mine) I am sure the City staff have a different view. I
understand they have invested time and money into their planning,
but if there is an easier, better and cheaper way, lets look at it. If we
can do this on the cheap without condemning private citizen's land,
why not ? Lets not make the developer the only winner in this
situation. If I am wrong about an easier/cheaper way, and I may
well be, dm most it would cost is about an hours time to find out.
EXHIBIT.
· -, .,/. ' PAGE_ OF 39'
March 2, 2000
To: Federal Way
33530 Ist Way South
Federal Way, WA 98003-6210
Cc: G. Wayne Potter
Novastar Development Inc.
18215 72nd Ave. So.
Kent, WA 98032
In Ref: Rosewood Lane subdivision Federal Way File No. SEP98-0036
Silverwood Cluster Subdivision Federal Way File No. SEP98-0042
In regards to your notice of proposal date issued 2-17-2000.
I own the 4.78 acres and home at 36205 6t~ Ave. SW Federal Way that joins
the two developments, which are on the north and west boundries of my
property.
I first am very concerned about the physical impact to my property in
regards to construction activity and potential water runoff.
Also I am very concerned about the financial aspects. Will my costs
increase due to the sewer line being brought into neighboring property?
Will I be forced to pay for something that I had no desire to hook up to?
Please advise as to the estimated impacts.
Linda McAskill (McKinnon)
21107 SE 394th
Enumclaw, WA 98022
Home phone 253-735-8088 ~_cu~wr~ ~' '-
E-mail: Amcas97654@,aol.com rn-,~,,~,,~' ~"~:~.o~'':sx nu~*"~
EXHIBIT : ;' c{
PAGE_ OF,
From: Davidj <Davidj@foxintemet.net>
To: Jim Harris <Jim. Harris@ci.federal-way.wa.us>
Date: 2/22/00 2:37 PM
Subject: Silverwood and rosewood
Jim Harris
I received the notice in the mail after I noticed it was posted on 360th
and 8th Ave. SW.
I call Lod Michaelson, as your voice mail said. She helped me with the
information I needed right away.
I am disappointed that the Headng examiner and City council decision to
require an ElS on the property was not followed.
It was called Forest Ridge then.
Does all the City money (taxpayers) and time go out the window each time
a new owner tdes to develop a property?
It looks like the City wants to spend another year with the Hearing
Examiner instead of following common sense and using the past
information requiring an ElS.
With the intended 53% coverage of the property with roads buildings and
removal of trees and vegetation, the Retention, Detention process will
be undermined causing further problems down stream.
As it is with the normal detention and retention there is a lot of water
gradually discharged to the depression at Bellacamo Woods.
If the volume is passed on at a faster rate there will be more problems
down stream at the taxpayers expense.
What is happening with the Bellacamo Woods water problem??
What is happening with Roy Parks and his neighbors??
These questions and others will be brought up toward an ElS which is
what the Headng Examiner, City Council and Neighbors have already asked
for on the same property.
I will be talking to you on Wednesday about the situation.
David J. Moore
Davidj@foxinternet.net
253-874-1926
CC: "Michael. Hellickson" <Michael. Hellickson@ci.federal-way.wa.us>, Mary Gates
<Mary. Gates@ci.federaI-way.wa.us>, "Michael. Parks" <MichaeI.Park@ci. FederaI-Way.wa.us>, Bernie
<Heatcircl@aol.com>
EXHIBIT
PAGE, OF
From: V's~lTd~~ · .
To: <stephen.clifton@ci.federal-way.wa.us>
Date: 3/6/00 9:00 AM
Subject: Removal of endangered species before construction
I understand that Washington law provides for taking endangered plants
before construction but there is no mention of the trilliums at the Sept
98-0042, 98-0006 site in Federal Way near 8th Ave SW and 356th. Please
forward this message to the appropriate person/department.
I am interested in making sure that the salvage process is in effect for
the subdivision scheduled to take place behind 8th & 9th Ave SW near
356th. I just found out last night that Today, 3/6/00 is the last day
for public comment and mention of the owner & contractor cooperating w/
the taking of endangered species plants which are not in the wetlands
areas to be fenced & protected is not included in the mitigation as
posted at the site.
Jim Hards at 253.661.4000 or 661-4019 is listed as the contact person
in Federal Way.
Please let me know who needs to be contacted at the state or county and
that you can handle this today.
Anita Latch
253.864.8174
orographic(~eudoramail.com
today at Bethel HS till 2:15 pm
EXHIBIT c(
PAGE_ OF 3 v,
5150 SW 326th PI
Federal Way, WA 98023
253-874-2874
March 5, 2000
Jim Harris
Senior Planner, Community Development Services
33530 First Way South
Federal Way, WA 98003
Subject: MDNS SEP98-0036, Rosewood Lane Subdivision
Mr. Harris,
On reviewing the subject determination, I find an inconsistency with the SEPA findings
of the adjacent project, the "Silverwood Cluster Subdivision". In paragraph 10 of the
Rosewood Lane Subdivision MDNS, it states that "...there are no records of threatened,
endangered, or sensitive wildlife species within two miles of the abutting Silverwood
site .... ". This is in contradiction with the statement within the Silverwood MDNS
SEP98-042, which in paragraph 10 states "Habitat for Pileated Woodpecker, classified as
sensitive species by Washington State Dept ofFish and Wildlife, will be impacted."
Since the Rosewood Lane project is adjacent to the Silverwood project, it will indeed also
have an adverse impact on the Pileated Woodpecker, by loss of suitable habitat. When
the Silverwood project is put in place, it will reduce the amount of available habitat by 20
acres, thus forcing those residents to other locales. The most likely location that the
impacted animals will move to, is adjacent property, namely Rosewood Lane. For the
Rosewood Lane MI)NS to state that it will not have any adverse impact on a sensitive
species is wholly incorrect.
Please revise the MDNS for habitat mitigation, in such a way that the adverse impact to
habitat for the Pileated Woodpecker is accounted for in the development requirements.
Sincerely,
Mark Freeland[:XH[ e IT_
PAGE.__C__OF ,,
RECEIVED BY
5150 SW326~ PI
FederaI Way, WA 98023
253-874-2874
March 5,2000
Jim Harris
Senior Planner, Community Development Services
33530 Fkst Way South
Federal Way, WA 98003
Subject: MDNS SEP98-0042, Silverwood Cluster Subdivision
Mr. Harris,
On reviewing the subject determination, I acknowledge the attempt to preserve open
space and protect the nature of the local watershed. I am concerned however, that there
appears to be an inconsistency with the Sensitive Areas Ordinance requirements, and the
mitigation plan described. The loss of habitat, especially for the Pileated Woodpecker, is
also not adequately addressed.
According to the Sensitive Areas Ordinance, the wetlands on this site require a 200 foot
buffer. The plan as presented only shows buffers of 100 feet. Requiring the proper
buffers for the wetlands on this property, would provide adequate protection of the
watershed, and provide habitat for the wildlife that will be displaced by the development.
The MDNS makes reference to the Pileated Woodpecker as being a sensitive species,
according to Washington State Dept ofFish and Wildlife. It also states that the habitat
for this species is going to be adversely impacted. It fails to describe however, what
requirements will be in place, for the developer to mitigate the loss of habitat for this
species. There needs to be compensation for the wildlife which will be affected by this
development, as part of the development plan.
Please revise the MDNS for habitat mitigation, in such a way that the adverse impact to
habitat for the Pileated Woodpecker and other wildlife is accounted for in the
development requirements.
EXHIBIT_ =5-:- L-
Sincerely, PAGE_ OF V
Mark Freeland RECEIVED BY
r~C'~;q~Ar Iftff'!~ ,m~, ,r-, ~,~'~7*,IT T~--D~T~I~
~¢,P 6 ZOOO
To Jim Harris:
Concerning the Silverwood Cluster Subdivision--
It is my determination that this subdivision should not be permitted.
The main problem that has not been addressed is that of water retention
on the Silverwood site. It is my concern that the water run off from
Silverwood be contained in a retention pond located on the Silverwood
site. In this manner, the Silverwood water run off does not become a
problem for other residence in the area. There are easy solutions to the
water retention on the Silverwood site. The site is large enough to retain
its own runoff; even if the developer has to pump it to Puget Sound. I
expect the city to do the right thing and require the developer to take
care of this matter before the project is approved.
Thankyou for your attention to this matter--
Randy Neighbors
Cb. aries Connon
35530 6th Ave SW
Federal Way, WA 98023 February 20, 2000
To: Jim Harris. Sr. Planner
Subj: City of Federal Way Notice of Environmental Mitigated
Determine of Nonsignificance. Silverwood and Rosewood plats
Request I be advised of the date and time of the Hearing Examiners
Public Hearing(s) on these two projects. Further request I be added
to the mailing list of "mailings to property owners within 300 feet"
and be notified of any other public meeting(s) concerning Silverwood
or Rosewood plats.
Are my comments/concerns in letters sent to Gregory Moore for
submission to the Hearing Examiner dated 11 November 98 and 17
November 1998 available for presentation to the Hearing Examiner
or must they be re-submitted ?
Please advise by February 24th, 2000 so necessary action can be
taken prior to the published 6 March cutoff date.
Charles Connon
RECEIVED BY
OOMMUNrI'Y DEVELOPM~HT DEPARTMENT
RECEIVED BY
0(~,~1~ i~V~I~i.~ ENT DEPARTMENT
FEB 2 2 2000
EXHIBIT,
PAGE___4LOF
Charles Connon
35530 6th Ave S W
Federal Way WA 98023 3, March, 2000
253-838-2392
TO: Jim Harris, Sr. Planner, City of Federal Way
SUB J: Silverwood and Rosewood Mitigated Environmental
Determination of Nonsigificance
Comments concerning above plat(s) application. Request these
comments be provided to the Hearing Examiner in their entirety
after staff review.
A. On May 5th, 1997, Mr. Halinen, Attorney for Novastar, sent a
letter to Mr. Parke's attorney which states in part:
Novastar has applied to the City for approval of a 5 l-lot
plat subdivision being called "Silverwood" on a 30-acre
parcel of land it owns lying a few blocks south of SW356th '
on the west side of 8th Avenue SW. Most of that parcel
drained to the north. Nova. star anticipates that, in order to
avoid exacerbating the flooding problems relating to Mr.
Parke's property, the City will require lqovastar to expand
the size of the existing retention pond that was developed
on the Bellacarino Woods property west of Mr. Parke's
property unless other arrangements are made with Mr. Parke.
In view of the fact that the City is going to condemn Mr.
Parke's property within the next few years to create a
regional detention facility (which would make the pond
expansion superfluous), we think that there may be some
possibilities for providing both benefit to Mr. Parke and cost
savings to Novastar by making arrangement with Mr. Parke ....
Novastar President Thomas Barghausen and project manager Wayne
Potter were sent of copies of this letter as "cc". Novastor was
concerned about their water flooding Mr. Parke's property in May,
1997.
B. The City received the Preliminary TIR for the Silverwood Plat on
Oct. 6, 1998. Dated June 1996, with a last revised date of September
1998. REGENED BY
EXHIBIT !oo
PAGE OF
Page 16 of this says in part the a new conveyance system will
be constructed from Silverwood ... before discharging into
Bellacarino Woods Tract 'fA' pond.
C. The city of Federal Way issued an Environmental Determination of
Nonsignificance. Bellacarino Woods Retention Pond Maintenance SEP
99-0023 on August 19, 1999. The description of the proposal was to
Perform maintenance and excavation to an existing retention pond to
remove approximately 1,250 cubic yards of silt and other native soils
to bring the pond into conformance with the design and operational
requirements of the plat of Bellacarino Woods. The Environmental
Checklist submitted / signed by Thomas A Barghausen was dated
7/22/99.
Paragraph 2 of this document says: Answer the questions briefly,
with the most precise information known, or give the best
description you can. Paragraph 3 says: You must answer each
question accurately and carefully, to the best of you knowledge.
The answer to question 7. which asks: "Do you have any plans for
future additions, expansions, or further activity related to or
connected with this proposal?" was NO. The answer to question 9.
which asks: "Do you know whether applications are pending for
governmental approvals differently affecting the property covered
by your proposal ?" was NO.
D. The City received another Preliminary TIR for the Silverwood Plat
on Oct. 6, 1999. Dated June 1996, with a last revised date of
December 1999.
Unnumbered page (lst page in Section III) of this says in
effect, the a new conveyance system will be constructed
from Silverwood ... before discharging into Bellacarino
Woods Tract 'A' pond.
E. Along with the TIR, Novastar submitted a document titled:
PROJECT DESCRIPTION / WATERSHED ANALYSIS. This was the second
page under cover letter dated November 22, 1999, RE: Completed
ESA Checklist for Silverwood/Rosewood Lane, signed by Thomas A
Barghausen. Paragraph 2. of this document states, referring to
Silverwood and Rosewood stormwater:
This drainage is conveyed via an underground storm drain
toward the north into a closed depression within the plat of
Bellacarino Woods, approximately i mile north of the site. This
natural depression collects storm water from a basin of
approximately 300 acres. The depression has no outlet and
accommodates the lO0-year storm without overflowing.
The second and third sentences appear to be misleading. From this
statement the reader(s) / evaluator(s) of this document might think
that the stormwater from Silverwood/Rosewood Lane is going to a
closed depression that doesn't overflow during a lO0-year storm
and is contained on the Bellacarino Woods Plat. In fact the closed
depression within the Bellacarino Woods plat has an outlet. IT
OVERFLOWS INTO THE SW 356TH STREET DEPRESSION with some
regularity, flooding property owners to the east. It also has
overflowed during many storms of much less significance than lO0-
year storms. This Flooding is one of the reasons the City is attempting
to purchase/condemn portions of the property to the east. In Fact, in
the latest Silverwood TIR, 7 pages after the 2nd plastic map insert,
labeled 53 at the top right, 1st paragraph, there is a note about
previous flooding. Also notice under the chart 10 pages after the 2nd
plastic map insert, the statement that says:
"The Bellacarino Woods Tract A pond overflows the plat
boundary at elevation 304.5 to become a part of the overall
closed depression that covers both Bellacarino Woods Tract 'A'
and Mr. Parke's property"
In May, 1997, Novastar was concerned about possible problems
caused by their adding Silverwood And Rosewood stormwater to
Bellacarino Woods Tract 'A' pond. (see A. above)
In September, 1998 Novastar submitted the Silverwood/Rosewood
TIRs stating they intended to convey the stormwater to the
Bellacarino Woods Tract 'A' pond. (see B. above)
In July, 1999, when they wanted to over excavate the Bellacarino
Woods Tract 'A' pond, they seemed to forget the they were
concerned about possible problems from the Silverwood/Rosewood
water in the Bellacarino Woods Tract 'A' pond and the fact the
Silverwood/Rosewood water was even going to the Bellacarino
Woods Tract 'A' pond. (see C. above)
EXHIBIT
PAGE OF
Now in 1999, Novastar submitted the Silverwood/Rosewood TIRs
stating they intended to convey the stormwater to the Bellacarino
Woods Tract 'A' pond. Now we remember Bellacarino Woods Tract 'A'
pond again. (see D. above)
Then Novastar submits along with the TlR a document that states:
This drainage is conveyed via an underground storm drain
toward the north into a closed depression within the plat of
Bellacarino Woods, approximately 1 mile north of the site. This
natural depression collects storm water from a basin of
approximately 300 acres. The depression has no outlet and
accommodates the 100-year storm without overflowing.
Now there is no drainage/flooding problem because suddenly the
water is all going into a closed depression on theft property, except E.
above states, the water runs over the 304.5 foot bank on to Mr.
Parke's property.
The fact that they knew about water problems, then didn't know.
Then they knew about Silverwood/Rosewood plats, then didn't know.
They were concerned about flooding and now state that the
Bellacarino Woods natural depression, within the plat of Bellacarino
Woods, has no outlet and accommodates the lO0-year storm without
overflowing, but it does run over the bank to Mr. Parke's property.
This seems to be a bit of inconsistent or at least some selective
memory.
I attempted to review the TIR with the above information fresh in
my memory and with the idea that the responses might be
misleading or incomplete. I have found what appears to be incorrect
or incomplete information in the areas indicated below. I am sure I
have overlooked other problems as my main area of concern' is the
stormwater and flooding. I happen to be one of the people the City
has threatened with condemnation.
The following items reference the Preliminary TIR for the Silverwood
Plat and the Rosewood plat that basically uses the same information.
1. That portion of the Silverwood and Rosewood plats referred to as
"an off site detention pond" is the Bellacarino Tract "A" retention
pond. The changes proposed constitutes a Bellacarino Woods
EXHIBIT
PAGE. OF,
t I ~
"ALTERATION OF PLAT" as described in FW code chapter 20. (2--140,
page 1218) As such it is subject to the normal application and review
process to include application, routing, review, public hearing, report
to the Hearing Examiner, City Council review and action. Full
compliance with all Core and Special requirements should be
reviewed under the King County 1998 Surface Water Design Manual,
Table 1.1.2.A. pg. 8 and other sections, not as a previously approved
drainage facility by the City of Federal Way.
2. What is called "over excavation" or "excavation" is actual redesign,
relocation of pipes, (storm lines), gabion(s), destruction of Bio
Filtration Swale(s), destruction of access roads, reshaping and
redesigning and reconstructing to a new design the Bellacarino
Woods Tract 'A' Retention/In£fltration pond. As such, the entire
redesign should be submitted and revived as a "Alteration of Plat",
FW Code chapter 20-140) and under FW Code chapter 21 all sections
with emphasis on Core and Special Requirements. It should also meet
1998 King Country Surface Water Design Manual guidelines. (see
item 8, on the Mitigated Environmental Determination of
Nonsigificance, notification letter dated 2 / 17/2000)
3. Preliminary review of Off-Site pond Excavation Tract 'A'
Bellacarino Woods, Preliminary Plat of Silverwood. SUB 96-0002/SEP
96-0017/UPR 96-0017 Novastar drawing submitted with the
Silverwood TIR shows several items which do not seem to meet
Federal Way code or the King Country Surface Water Design Manual
guidelines. For example, the drawing shows a pond bottom at 295
feet, while information in the TIR shows maximum ground water
reached 295 feet around 17 January 1997. The King County Surface
Water Design Manual states on page 5-60 that "the proposed pond
bottom must be at least 3 feet above the seasonal high ground water
level and have at least 3 feet of permeable soil beneath the bottom".
The City has described the existing pond as an infiltration pond.
Therefor, the proposed pond does not appear to be in compliance
with the King County Surface Water Design Manual. Another example
would be that the Off-Site pond Excavation Tract 'A' Bellacarino
Woods, Preliminary Plat of Silverwood. SUB 96-0002/SEP 96-
0017/UPR 96-0017 Novastar drawing shows no Emergency Overflow
Spillway as required the King Country Surface Water Design Manual
page 5-21. For these and other design defects not described, it is
imperative that this so called "over excavation or excavation" be
required to stand the test of a full review LAW King Country Surface
Water Design Manual table 1.1.2.A. EXHIBIT, ITS,'
PAGE 19 OF
4. Once a full review is started one will find that there are serious
problems in the areas of Core requirement # 1, Discharge at Natural
Location, (Requirement) +., Core #2, Offsite Analysis, (severe flooding
(Type 3)) +., Core #3, Flow Control, (Requirement) (severe flooding
(Type 3)+., Core # 4, Conveyance Systems, Several items) +., Special
Requirements # 1, Other Adopted Requirements, (Shared Facility).,
Special Requirements # 2, Floodplain/Floodway Delineation,
(Threshold) +., Chapters 3 & 5 and others. Page 1-8, Table 1.1.2.A.
King County Surface Water Design Manual, indicates that a full
review is required. If a full review is determined unnecessary,
request you reopen the public comment and appeal period.
5. Including both Silverwood and Rosewood storm water in
Silverwood Tract 'A' pond and then adding that water to the water in
the Bellacarino Woods Tract "A" pond requires design review under
that portion of the King Country Surface Water Design Manual that
pertains to Shared Facility Drainage Plans (SFDPs) page 1-59. This
review would apply to both the Silverwood Tract 'A' pond and the
Bellacarino Woods Tract 'A"'ponds in addition to the other design
requirements.
6. In reviewing the TIR core and special requirements section on a
stand alone basis (without the so called off-site excavation) there are
still problems with the details in the responses.
a. Core Req # 1. Response fails to address the threshold
requirement: "The manner in which runoff is discharged from the
site must not create a significant adverse impact to downhill
properties or drainage systems ", page 1-17, etc.
b. Core Req # 2. Response fails to address the Severe Flooding
Problems (TYPE 3), page 1-21,etc. Mr. Parke's property has been
flooded on several occasions causing his driveway to be under water
where the only access to his home was by rubber boat. This triggers
the Severe Flooding Type 3 threshold. See page 1-21,Severe Flooding
Type 3 and footnote 26.
c. Core Req # 3. Response falls to address the Severe Flooding
Problems (TYPE 3) and flow control required by Table 1.2.3.A,
Special provisions for closed depressions and footnote 5, page 1-26,
etc.
EXHIBIT
PAGE_ OF,
d. Special Req # 1 fails to address shared drainage facilities, page
1-59, etc.
e. Special Req # 2 fails to address the requirement for 100 year
flood plain improvements, page 1-60 and options for addressing
severe flooding problems, etc. page 3-49.
Page # referenced above are from the King Country Surface
Water Design Manual. (1998)
7. The drawing (24X36) called Preliminary Pond Design- Silverwood,
SUB 96-002/SEP 96-0017/UPR 96-0017, From plastic folder in TIR
and the drawing (11X18) called Preliminary Pond Design-
Silverwood, SUB 96-002/SEP 96-0017/UPR 96-0017,(11X18) from
the TIR seem to be totally different. Both appear to show that very
little water would be retained/treated in this area. Although there
are swales and a wetpond to treat portions of the incoming water the
output(S) seems to be AT 360' which is very near pond bottom at
358', and appear to be effectively passing stormwater almost directly
through the pond to Bellacarino Woods Tract 'A' pond. This would
seem to render the pond volume calculation invalid. ( IE: the pond
volume would be about 165,400 CF if the water was allowed to get
that high, but since the drain is at 360' the probable highest level the
water would get to is about 364' making the true volume about
23,000 CF) The same is true on the drawing titled "Offsite Pond
Excavation Tract 'A' Bellacarino Woods, Preliminary Plat of
Silverwood SUB 96-0002/SEP 96-0017/UPR 96-0017 last revised
11/6/97. It shows the new total pond volume to be 10,631 CY at
contour elevation 311, when in fact we know the bank overflows at
304.5 feet so the real volume is in the pond is in the area of 8,500
CY.
8. The HSPF Hydrologic Analysis of the SW 356th Street Closed
Depression uses a Silverwood proposed development comprising 51
homes on approximately 30 acres to determine the effects of
dumping Silverwood and Rosewood plat(s) storm water into
Bellacarino Woods tract A pond and eventually into what is called
the SW 356th St. depression. This report is based on incorrect
information. See the second paragraph on the introduction page
which states in part: "Silverwood is a proposed residential
development comprising 51 homes on approximately 30 acres ...
Runoff ... drains to the northwest, ultimately discharging into ... (the
Bellacarino Woods retention facility)... ". In fact the proL~lE~[T~.(~_~
PAGE, OF_
development(s) consist of 70 homes on about 29.5 acres and 9 homes
on about 4.7 acres or a total of 79 homes on about 34.2 acres.
This represents about a 55% increase in the number of homes and
could have a significant effect on the HSPF Hydrologic Analysis of the
SW 356th Street Closed Depression. This report needs to bee updated
to represent the actual intend of the developer and the downstream
impact.
9. How was it/can it be determined that the proposed Silverwood
plat does not need an Environmental Impact Study when portions
meet what is identified as Environmentally Sensitive areas on
Federal Ways SenAreas.Han handout?
10. If these comments and references do not trigger a full drainage
review on the so call "over excavation" of Bellacarino Woods Tract 'A'
retention pond please advise me prior to March 13th, 2000 so I can
Erie an appeal.
EXHIBIT
PAGE.._L, _OF
BRICKLIN & GENDLER, LLP
ATTORNEYS-AT-LAW
FOURTH AND PIKE BUILDING
1424 FOURTH AVENUE, SUITE 1015
SEATTLE, WA 98101
DAVID A. BRICKLIN (206) 621-8868 JENNIFER
A. DOLD
MICHAEL W. GENDLER FAX (206) 621-0512 CLAUDIA
M. NEWMAN
DAVID S. MANN
March 3, 2000
Jim Itarris
Senior Planner
Department of Conwnunity Development Services
City of Federal Way
33530 First Way South
Federal Way, WA 98003
Re: Comments on MDNS for Silverwood Residential Cluster Subdivision
(SEP98-0042) and Rosewood Lane Subdivision (SEP98-0036)
Dear Mr. Harris:
These comments are submitted on behalf of Roy Parke. I incorporate all previous comments
I have submitted on behalf of Mr. Parke with respect to these proposals, and also the
comments I submitted on behalf of Mr. Parke in response to the City's DNS for the
Bellacarino Woods Retention Pond Maintenance Proposal under File No. SEP 99-0023 in
August, 1999, which the City thereafter withdrew. I further incorporate by this reference
comments submitted on these proposals by Charles Connon.
The MDNS documents provided to me do not clearly disclose that the applicants intend to
cause stormwater runoff from their developments to impact downstream properties including
the property of Mr. Parke. For that reason, the MDNS documents are insufficient with
respect to their disclosure obligations.
ExH¥ iT '-(,
PAGE__I.g_OF
Jim Harris
March 3, 2000
Page 2
The two proposals will have significant adverse environmental impact statements because
of their significant adverse downstream impacts to other properties, contrary to King County
Surface Water Design Manual design guidelines and core requirements, the Federal Way
Code, and SEPA.
An ElS should be required. One of the alternatives that should be addressed is development
which would accommodate stormwater discharges on-site and does not result in increased
rates and/or quantities of discharges to downstream properties.
Although not clearly disclosed in the MDNS documents, it appears that the applicant and
City are assuming that the City will acquire Mr. Parke's property (and portions of other
properties) to be used for the stormwater discharge from these proposed developments.
Accordingly, these proposals rely on the City's condenmation. Therefore, these proposals
are public projects which requires SEPA review specific to public projects, including other
alternatives. An EIS should address other types of development, as well as directing
residential development to other areas which do not cause the adverse impacts caused by
these proposals with their presumed public agency component.
We specifically request that the City identify all other pending applications for residential
development which are expected to result in any increase in the rate or quantity of
stormwater discharge to the Bellacarino Woods detention pond and/or the private property
in the area of that pond including the property owned by Mr. Parke. Analysis of the
cumulative effects of these developments must be undertaken in an EIS.
The MDNS documents do not disclose what arrangements have been made to allow the
applicants to transn'fit increased rates and/or quantities of stormwater runoff to downstream
properties such as the Bellacarino Woods detention pond and the private property of Mr.
Parke and other neighbors. Have any agreements been made by the applicant with the City
or any other property owner to allow such runoff and impacts? We request that copies of
any such agreements be made part of the public file and be provided to us in response to this
comment pursuant to the Public Disclosure Act.
EXHIBIT
PAGE..
Jim ltarris
March 3, 2000
Page 3
Please notify me and Roy Parke of all ~urther action on these proposals. Very truly yours,
BRICKLIN & GENDLER, LLP
Michael W. Gendler
MWG:mn
cc: Roy Parke
EXHIBIT-, (s' ~ _
PAGE__am__OF-.~
WASHINGTON STATE DEPARTMENT OF
Natural Resources JE,,,FER M. BE'C, R
Commissioner of Public Lands
DATE: March 1, 2000
TO: Jim Harris, Senior Planner
City of Federal Way
33530 First Way South
Federal Way, WA 98003
FROM: David John Weiss
Resource Protection Specialist
South Puget Sound Region
SUBJECT REVIEW OF: Subdivision of 29.5 Acres
ACTION SPONSOR: G. Wayne Potter
PROJECT: Timber Harvest/Land Conversion
[] We do not have an interest in the above project and have
no comments on the proposal.
[X] We do have an interest in the above project and wish to
make the following comments:
A *forest practices permit will be required for the
harvest of timber associated with this project.
cc: Dave Dietzman - SEPA Center - DNR SEPA#: 018033
SOUTH PUGET SOUND REGION I 950 FARMAN ST N I PO BOX 68 I ENUMCLAW, WA 98022-0068
FAX: (360)825-1672 I 7-TY: (360) 825-6381 I TEL: (360) 825-1631
Equal Opportunity/Affirmative Action Employer RECYCLED PAPER
RECEIVED BY
COMMUNITY DEVELSPIC, EI4T DEPARTf~ENT
FEB 2 zooo
City of Federal Way B.J.Mottershead
33530 1st Wy South, 708 SW 357th,Street,
Federal Way,WA.98003 Federal Way. WA.98023
Feb,23,2000
Att.Mr.J.Harris
Senior Planner.
Reference Silverwood and Rosewood Proposal.
Novastar Development Inc.
Mr. Harris
In reference to the above the city planing department has had
all the comments on this development and also the Bellacarino
woods Development which it is the same engineering company
for both developments.
I sent in my concerns in 1991 about the Bellacarino Woods
problem. The last information was that Novastar was going to
use a spare 18" dry line to convey the water from the above
developments.
This line was installed at my request by the public works
manager Mr.P.Keightly and it will no be used for any outer
purpose than what it was installed for.
It is an over flow line to protect flooding of SW 357th St
should the existing 18" line under 356Th,SW.fail that is the
only protection.
Reference to the Forest Ridge I am request that the same ruling
which was that an Environmental Impact Study be imposed on that
development which Council Person Mary Gates also voted on at
that time. Should also apply to Silverwood and Rosewood.
Because it is the same parcel of land with the same wet lands
with the same wild life and vegetation as it was when Forest
Ridge Development was proposed.
The In my opinion the condemnation of private property
for the above developments is unjust.
I request that this letter be presented to the Hearing Examiner.
at a later date of the hearing on the proposed developments.
With the enclosed documents I should also point out that the
Forest Ridge Hearing was public record and why do we have a
different set of rules.
Benard J.Mottershead EXHIBIT
PA E, OF
Mr.R.J.Armstrong PE Bernard J.Mottershead
Barghausen 708 SW 357th,Street
Consulting Engineers,Inc Federal Way.WA.98023
18215 72 Ave,South
Kent.WA.98032
Nov,19,1998
Dear Mr.Armstrong
With reference to the Preliminary Plat of
Silverwood/Rosewood Novastar Development,Inc
I want to bring to your attention reference your report.
I will list them as page ~15 and #16
Page your Downstream Analysis (B)
The Downstream analysis field inspection conducted on February
8,1996 at that time when record flooding was occurring in the
Federal Way area.The record flooding was caused by week.of
freezing followed by intense rainfall and rapid thaw.
Therefore~we assume we have observed the worst case condition
of downstream drainage system. Please see the attached photos
were taken on February 8,1996.
Page #16.
You state in the first paragraph that it is impossible for the
water to backup because the retention pond surface water
is at the 311' elevation.
The 357 th,Street cul-de-sac elevation is 336'
is 311' elevation
You also state the 12" concrete pipe under SW 357th,st is under
capacity.
This would cause flooding on the south side of SW 357th,St
Then why Mt.Armstrong in my photos the flooding is on my
property on the~/North side of 357th, st
Which the City of Federal have had opportunity to view
on Nov,17,1998
I will present photos at the above plat hearing.
Reference to the Spare 18" CEPC Storm Drainage Pipe
(crossing SW.356th,Street)
This in not a spare pipe and never was.
It was installed by King County during the wideing of SW 356th,St
Approx 10'-0" above the existing 18" which also runs under
356th,st.
Because the county would not increase the size of the existing
18" and would not install a new pipe.
At my insistence and the City of Federal Way,required that'King
County install over flow dry line. This line is the only
protection for the 357 th,Street cul-de-sac should the existing
18" pipe fail. ~
PostS' F~ Note
! ...... K,~,¢ ~r~ ..... I ...... ~
This will not be used to convey any surface water from
the Silverwood/Rosewood Development
To the Bellacarino woods renention pond.
The flooding in February,1996 was also reported by my self to
the City of Federal Way by telephone.
My photos show a different picture of the flooding in SW.357th,St
Because the King County pond was removed to accomidate more
houses for the Newhall Jones (Bellacarino Woods) Development
and the 18" storm water pipe from SW 357th,St was then installed
into the Modified system.
The North side of SW 357th,St did not flood when there was no
King County Retention Pond and did not flood when there was
a King County Pond.
This has happend since the removal of the King County Retention
Pond (Bellacarino Woods)
I wiil wait for your responce to this letter and what your plan
is to correct the problem in respect to the above.
Copy to City of Federal Way. Mr.Greg Moore
Copy to Newhall Jones.
Yours B.J.Mottershead
EXHIBIT'
PAGE
Mr.B.J.Mottershead
708, SW,357Th,Street,
Federal Way. WA.98023
Nov,5,1991
Hearing Examiner
Department of Community D~velopment
City of Federal Way
33530 1St,Way,South,
Federal Way. WA.98003
RE:Preliminary Hearing of Bellacarino Woods
Site Located S~ 352 Nd St and SW 356 Th St
Between 4 '~h Ave SW and 9 Th Ave SW
Applicant:
Mr G Newhall
~ewhall Jones Co
12515,Bel-Red Rd
Bellevue,WA.
Dear Sir,
I submit to you co?~ents and photos in regards to the
above plat hearing November,12,1991.
I have lived at the-above address since 1980 and over the years,
I have monitored the surface water run off from SW 360,Th,and
8,Ave,SW.
The Water run off has increase,The existing 10" drain will no
longer handle the volume of surface water run off.
From the south to the noxth under 356Th,st, I feel that this
is a problem that needs to be addressed with regards to the
above hearing.
Sincerely
Bernard.J.Mottershead
·
p -,
~,. ~-..~/._. ~.£ -~ ,.~
.... ,~ r,~ . L..'* .... .,
EXHIBIT. c/
PAGE
TO:STEPPt~. CLIFTC~,4, SENIOR PLANt, ER, DATE: ! !-1 !--~!
CITY OF FEDERAL WAY
r'-0!~ ROBERT A. WILSON
35505 <STH SI,J, FEDERAL DAY ~ .....
~.UBJECT: COMMEf.~'fS ~ BELLACARIN0 d00DS
DUE TO f4( WORK SCHEDULE I wILL BE UNABLE TO ATTEND
HEARING NOVEMBER 12, 199~ REGARDING T~{ PROPOSED PLAT FOR
8ELLACARINO WOODS. I ~ WRITING THIS ~'~O TO ~PRESS
C~CERN ABOUT THE DRAINAGE SITUATION ¢,~ IT RELAIES TO MY
PROPERTf WHICH I BELIEME ~ILL BE IMPACTED BY ~ INCREASE
IN RL~0FF FR~ THIS DEMELOPME~.
~HE MAIN SOUCE OF R~OFF AT THIS POINT IS ~TER
~TERING THE DRAINAGE BASIN VIA A CULk. ERT ~DER 35&TH
NEAR THE PROPOSED ~TR~CE 0~ THE DEUELOPMEN%. THIS
CULVERT CARRIES RUNOFF FR~ ~N AR~ OF ~RDP~ ~PE
SOIL~ T0 THE SOUTH OF 35&TH ~D HAS ~,USED FLOODING
0~.4 THE LO~ER P~ .T~ 0F THE THODE, t.JILS['4 AND NEIGHBORS
PROFERTjES. ~SEE ATTACHED
~ u~t-'E PES~DED nT THIS LOCAmION ~]r.'CE JUNE
C:LiRIN6 DECEMBER ~¢79 WATER FLOLIED ~4T( MY PROPERTY AND
POOLED TO ~ DEPTH OF ABOUT 3 FEET AS h~SURED AT MY NORTH
PROPERT¢ LINE. IN J~RRY IBC0 ~TER ACCJdU~TED
TO A DEPTH 0F 7 FE~. ON APRIL 5, 1¢¢1 THERE ~S
~TER T0 A DEPTH OF 4 FE~ ~ INCHES. ]'HERE ~E
BEEN ONE OR Tko0 ADDITI,~AL FL~S WITF. LITTLE
~ER THE PERIOD
THE FOREGOING INC~D~TS OCCURRED ~ITHOUT THE
ADDITI~4AL R~OFF t.~r4ICH ~OULD BE ADDE[: BY THE INCR~SE
')F IMPERMEABLE SURFACE OF THE D~ELO~'ENT PLUS THE
PIPELINE FR~ THE F~URE D~ELO~ENT CF THE SCHOOL
SITE (~HIBIT AC PAGE 2 IT~ fi5). ~ {~CE~ IS
T~T, DESPITE THE PROPOSED M~SURES T( C~ROL
ADDIT]~L FL~ I~O THE T~CT 'A" ARE:A ~ND H~CE
;NTO THE LOWER AR~ TO THE SO~H ~ST, THE ~NCIDENTS
0F FLOODING WILL INCR~SE.
THE INCREASE IN FLOOD]NG IdIGHT RENDER OUR
PROPERTY LESS U~BLE TH~ IT PRES~TL~' IS GIU~
THE PRESENT INTERMITTENT FLOODING. Ar4 INCREASE
IN FLOODING WOULD ALSO ~V6 A NEGATIM~ EFFECT
0f'4 PROPERTY VALUE.
THE DEVEL0~T ~ THE WHOLE SEE~: WELL
Lc*lC' C:UT AND IN C~CTER ~]TH THE SUFPOLINDING
taE]0NBO~HOODS. ~ ~LY CONCE~ IS THA~
PA'0FERTY WILL 8EC~E A DRAIN FOR THE l, HOLE
~F:~ AfJD I HILL HAVE A DECREASE IN TH[
UT iL:Tf' OF MY L~ER PROPERTY.
~'~NK YOU FOR YOUR CONSIDERATIOIq 0F THIS
CONCERt4. At4Y COMMENTS YOU MIGHT ~UE b. 0ULD BE
0F INTEREST TO ME. FEEL FREE T0 C~4TACT ME BY
o, EXHIBIT,,
PAGE
BELLACARLNO WOODS HEARING TRANSCRIFr
PAGE 3
position. You have been in th .. system for awhile, and we will do
the utmost today to run this h~' uing efficiently and see if we can't
focus on the precise issues in. i'ont of us. If we can resolve them
all, that rill assist us in getfin~ the recommendation out this week.
So we'll revisit that point befr re the close of the heahng on your
application. Okay are them ~ ay questions about the process that
I've outlined today? Alrig ~t, then we will begin with the
testimony of the City. Mr. S'l.-phen CLifton is here to present the
City's recommendation.
CLIFTON: Good afternoon. My name is Stephen CLifton. I'm a senior
planner with the Department >f Commuv, it)' Development, and I
will be presenting the staff report for the proposed plat of
Bellacarino Woods.
EXAM~"ER: Mr. Clifton, let me just ask. ~rou before you begin. Are you
covering a bit of the history, on this9. I want to make sure we
focus ....
CLIk'TON: Yes.
'"'- EXA3ffNER: ..... precisely on the plat considerafons, and not the
emq. ronmental determinations
CLIFTON: Yes, I am. Just briefly toucl: Lng on the history.
EXA~EENER: Okay, lets begin then by putt. ng your under oath. Do you swear
or affirm to tell the math and t~e whole troth in the testimony that
you giro
CLEFTON: I do.
EXA~II.NrER: Please begin.
CLIFI'ON: Before I begin I would li~e to subrnit some letters that the
Community Development Del artment have recently - have recently
beea submitted. And one lei.:er is from a Bernice Jo¥ce. She is
recommending approval of tte development. That was submitted
on November 6, 1991. A.~gc:her iettex-was
,:Mottershead. he just e:.'pressmg
~ues.'--Helig~s to the s°U~.i'at $0uthwest 357th:$ti:~t,'jUs/t/east~"'~
BEI.LA, CARINO WOODS SIYMMARY
PAGE 2
Mr. Newhall outlined the quexdons and concerns of the tpplicant with regard to conditions
recommended to the hearing examiner in the City's staff ret orr. Included as an area of cone. em
was the requirement of installation of an operational traff e light at Southwest 356th and 8th
Avenue Southwest prior to the i~uance df single-family I~ amaits. He stated that the applicant
was concerned that the condition as written would presen', a hardship if the Southwest 356th
Street road project was not oompleted in a timely manner. He testified that, given the record
of postponements on this road project thus far, the potent al exit, s for future postponements.
He submitted alternative conditions that would allow the plat to proceed on schedule. Mr.
Newhall also outlined concerns with the City's reeommen led Conditions ~6 and #31. (See
Transcript, pages 16 to 19)
Kathryn Emery of Urban Design asked for clarification ;egarding interpretation of 'current
standard notes.' The Hearing Examiner indicated the Ci~ y had stipulated that these current
standard notes would be those in effect on the date of the aearing, November 12, 1991. Ms.
Emery also requested revision of the additional language va;~mitted earlier by the City's Surface
Water Manager for the condition relating to infiltration rate~. (See Tr~n~.erlpt, pages 19 to
Tom lq'~aimura of II'ban Deaign raxted that the applicant felt it appropriate that oonformance
to the current madard notes in effect at the time of initial, plat application be required
of those in effect the date of the hearing. The Hear~ g Examiner ~ the applicant's
representative what d_ifferenee~ exist between the two Ctand uxls. Mr. N'~t~imura ~tted he was
not personally aware of the differenee~, but indicated that either C. ary Roe or Kathryn Fanery
would be able to addre:a that question. (See Tr~_nwxlpt, :age 22)
A eitiz~. (Dorothy W'flson) aubmitted a letter from her ao t Robert W'~ to Stephen Clifton
regarding the proposed plat. (S~ Tr~pt, page 2.3)
Mr. David Waranka, a property owner in the area of the pn ~posed plat, rated his concerns with
regard to leveling of trees, stormwater runoff, operation o f the eloped deprexfion on ~ite, and
traffic iaaues. (See 'I'ranw~, pages 2.3 to ~
Mr. David Moore, a citizen who lives in the area of the pr(.posed plat, stated hi~ concerns with
regard to traffic, notice for hearings in general, stormwatea runoff, traffic eoneer~ and school
bus stops. (See Transcript, pages ilg to
Dr. lake Walker, representing the Federal Way School Dis. rict, addressed the question relating
to bus stops raised earlier in thc hearing by Mr. David Mo ~re. He provided further testimony
regarding a slight correction in the school district's positiea concerning access to the southern
border of the propcn'y. He stated the school district was i~ favor of the proposed plat, and that
substantial taxpayer dollars would be saved by having the de ~elopment occur in a timely manner.
He stated it will help provide and cover the cost of ratio as utility hook-ups to the adjoining
property where a new elementary school is scheduled for c~ mpletion
B~I.IACARINO WOODS
PAGE 3
Mr. /im Thode, a resident in the t rea of the proposed plat, gave testimony about his concerns
with regard to stormw~_tcr runoff impact to downstream homeowners, and access to public
utilities. (See Tz'an.se~pt, pages,~ to 32)'
Ms. Patricia Owen, a re, dent ir. the area of the proposed plat, gave testimony about her
concerns with regard to area wildli Ce and stormwater runoff. (See Transcript~ pages 32 to 33)
Mr. William Looney, a property owner in thc area of the proposed plat, stated that he was
interested in working with the applicant to ensure ~billty to utilities and road
improvements. (See Transcript, )ages 33 to 34)
Mr. Klm Adams, reprcscating Dr. Won Cho, stated that Dr. Cho owns propexty adjoining thc
proposed plat. He sated that :)r. Cho is in favor of thc proposed plat I-Ie also gave
clarification regarding availability ,ff sewer casements on Dr. Cho's property. (See Transcript,
page 34)
Mr. Stephen Clifton, in behalf of i he City, gave responses to issues raised by thc applicant and
.~-- citizens who presented testimony on this appUcafion. He presented testimony regarding thc
City's Native Crzo~ Protection ]-2asement requirements, thc City's Recommended Condition
$31 relating to pedestrian accc~ ¢ascments, removal of trees in thc area of thc proposed plat,
and concerns repzding area wildl re. (See Tr,,,,,cript, pages 34 to 37)
Mr. Cary Roe, in behalf of thc 2ity, addressed thc issue raised by the applicant regarding
'current standard notes.' He out ined thc diffcrencea between thc Current Standard Notes of
thc City of Federal Way and start tards of ICing County at the time this appUcation was fried.
He also explained thc CilT's stanc; with regard to thc net infiltration rate, how this me.a.sure is
determined, and why he had askcc earlier in thc hearing for the addition to language contained
in the City's Recommended Co~ difion Ir22. Mr. Roe also gave testimony regarding thc
operation of the dosed dcp _res_~on on site given additional stormwater runoff. (See Transcript,
pages 37 to 40)
Mr. Tim lvfiller, Txaffic Engineer for thc City of Federal Way, prcsen~ testimony regarding
the applicant's concern with thc c amplefion of Southwest 356th Street. He stated that further
review by the City would be neccs ~ry in order to dctrxminc the best alternative available to thc
applicant in the event thc completi m of thc road project at Southwest 356th is delayed for some
unfore__~cn reason. (See Transcr pt, pages 40 to 42)
Ms. Kathryn Emery, in behalf o:' thc applicant, gave a summary of thc applicant's position
regarding conditions recommcnde<, by the City relating to thc inf'fltrafion rate. (See Transcript,
pages 42 to 43)
EXHIBIT_
BFJ.IACARINO WOODS SUM~. ARY ~
PAGE 4
Tom Nixhimura, in behalf of thc al ,plicant, addrest~d issues raised by Dr. Jakc Walker, Mr.
William Looney, and Mr. Klm Ada r~ in behalf of Dr. Won Cho. (See Transcript, page 44)
The Hearing Examiner axk~ that ~ ~.¢ applicant meet with City staff during the hem.ring on the
second item on the day's agenda h. an attempt to reach an agreement regarding the issue of
completion of the road project at Se,uthwest 356th Street as it relates to this application. (See
~pt, page~ 44 to 45)
November 12, 1991, 5:05 p.m. to $:10 p.m.
After hearing the second applicatio:[ on the agenda the Hearing Examiner reopened the record
on the Btllam_dno Woods applicati~ ~n. (See Trmascript, page 45)
Mr. Stephen Clifton read into the .-ecord a condition agreed upon by both City staff and the
applicant ~_!a_tlng to proce&dng of 'his plat in the event the road project at Southwest 356th is
not completed on schedule. (Se~ '1 lanscript, page 45)
The Hearing Examiner clo~cl the I caring at 5:10 p.m. (See Transcript, page 46)
EXHIBIT ¥
PAGE
FEDERAL WAY ~G EXAMI~ .~R'S OFFICE
SUMMARY: BF. LIACARINO WOODS Pt LC-PLAT ~G
November 12, 1991, 2:00 p.m. - 3:$0 p:m.
The hearing examiner opened the hearing, gave an overvi~ w of the land use hearing process,
and outlined the procedure to be followed in review of t ~ application. He also addressed
matters related to issuance of the hearing examiner's decisi an. (See Transcript, pages I to 3)
Stephen Clifton, Senior Planner with the City of Fed~ fl Way Department of Community
Development, prepared the staff report for this applicttion and was the City's primary
representative at the heating. Before presenting the analys ts compiled by the City in review of
this application, he submitted into the record three letters received from citizens regarding the
proposed plat. Mr. Clifton also submitted corrections to the staff repoa for the hear~g
examiner's review. (See Tr'aneeript, pages 3 to
Mr. Clifton gave a summary of tl~ application. He state I that it was initially filed with King
County in I)ecem~ of 1988, and transferred to the jufisd ~ction of the City of Federal Way via
an interlocal agreement entered into between the City of Federal Way and IC_mg County upon
incorporation of thc City. ]tie stated ~ thi~ application, w~ to lac reviewed by the City of
Federal Way and governed by King County relp~l-ations in effect at the time the application was
filed. He stated that a need for timber analysia was iden~ ied by the City on a number of issues
related to the plat. These issues included stormwater run afl, grading, road layout, and sloped
density ratio requirements. The City also required the a] 91icant to produce art artaly~ix of the
closed depression on site, an infiltration ~udy, concept ml storm plan, and alternative road
layouts, lvLr. Clifton described the accezs points to the pat identified by the applicant, az well
as the provisions to be made for future inter-neighbor! rood circulation. 1vfr. Clifton also
provided further de. tail regarding biofiltration swales, ero: ion and sedimentation control~ ~k:rpe
density ratios, ~raffi¢ impacts, school impacts, school bus access, and open apace requirements.
(See Transcript, pa[es $ to 11)
Cary Roe, the City's Surface Water Manager, requested ~Idifional language be included in the
City's recommended Condition ~22 relating to the in Mtrafion rate of the existing dosed
depression on ~ite. (See Tr~n~zript, pages 11 to I2)
The Hearing Examiner asked for clarification on items cc ntained in the City's staff report, l~Lr.
Clifton provided ~ane. (See Transcript, pages 12 to
Tom Nishimura, planner with the company of Urban De ign Incorporated, identified himself as
representing the applicant, along with K~tlu~ Emery (¢ ngineer with Urban Design), and Mr.
Greg Newhall and Mr. Gary Jones, both of Newhall-] roes. He stated that he and Katho~
Emery would be available to answer questions, but that Mr. Greg Newhall would addre~ the
speca~c areas of the ~taff report the applicant felt needed further clarifi~h ~~~
· m PAGE OF_ .?__
February 28. 1997
To: Mayor
CiO' of Federal Way
33530 Ist Way South
Federal Way, WA 98003
From: James L. Thode. P.E.
362 Pigeon Springs Rd.
Onalaaka, WA 98570
Phone: (360) 978-5336
Subject: Defective Bellacariao Woods Infiltration Pond
Dear Sir:
By this letter ! notifying the City of Federal Way oft,he defective unqace water dis~ ,system on
the new Bellaearino Woods development. I am concerned abot~ the adverse flooding effect this
intl.'flor system is having on Mr. Roy' G. Parke's property locate t at 35414 61h Ave SW, Federal
~'a~ During the pasl two winters that this system has b~,ea~ u use, I%~, Parke has experienced
flooding that has f~ surpassed .~my since his home was constructe i 19 years ago.
After a period of six days of no rain and after closely inspecting t,. verify that no surface water was
flowing in the detention / infiltration pond located ~lja~ent to Mr Parke's property, the following
measurements were taken to determine the infiltration rate of the xmd. On Februa~' 9, 1997 at
10:44 a.m. I measured 13-15116 inches from a fixed point above i ac waler surfac~ to the water
surface of the detenfon I infiltration pond. On Febma~' 10, 1995 at 11:26 a.m. I measured 16-3/4
inches from the same reference point to the water surface and cai, ulated the wa~er sm'fitee, level
drop to be 2-13/16 inches in 24 hours 42 minutes. The infiltrafio t rate was calculated to be 2.73
inches per day. Based on the Conceptual Closed Depression Am .ysis fo~ Bellacarino Woods the
infiltration rate used for the design was 5.6 inches per day. Then appears to be a gross error in t~he
infiltration rate used for the design of this system 'Fhe measurec! rate of infiltration is less than
one half of the design rate. Based on this information I believe tt at the surface water disposal
system is not performing s~tisfac~orily and is ~lversely effeeting vtr. Parke's property.
Duc to the obvious lack or peffommnce of this system ~ th4 adverse flooding effects on Mr.
Parke's and other down stream property' owners I feel that it is ~ nperafive tha~ all development in
the entire closed depression be stopped immediately and corn ctive ~cedon be taken ~s soon ~s
possible.
On Febtxu~' 10. 1997 I verbally notified Mr. Stephen Clifton o~ this detect and also toquested the
final design calculations for this s~'stem. To date ! have heard ( f no subsumtive setion to address
Ibis problem. Please let me know how you plan to proceed.
Please feel fix~e to contact me if you have ~ny questions.
~ ncerely,/
F I. ~nes L. Thode. P.~ .... ~
Stephen Clifton, Public Works, City of F~deral Way
~ 3628 South 35th Street
Tacoma, Washington 98409-3192
TACOHA WATER
TACOMA PUBLIC UTILITIES
March 3, 2000
Mr. Jim Harris, Senior Planner
City of Federal Way
33530 First Way South
Federal Way WA 98003
Subject: MITIGATED ENVIRONMENTAL DETERMINATION OF NON-SIGNIFICANCE
SEP98-0042
Location: SW 360th Street and 8~h Avenue SW, Federal Way
Parcel # 302104-9011 -in the SW 1/4 of Sec. 30, T21N, R4E, W.M.
Dear Mr. Harris
We have reviewed the above subject and find that this project lies outside Tacoma Water's
service area.
Sincerely,
· Eltdch
Special Projects Engineer
EXHIBIT
PAGE OF
T ~ 3628 South 35th Street
Tacoma, Washington 98409-3192
TACOMA WATER
TACOMA PUBLIC UTILITIES
March 3, 2000
Mr. Jim Harris, Senior Planner
City of Federal Way
33530 First Way South
Federal Way. WA 98003
Subject: MITIGATED ENVIRONMENTAL DETERMINATION OF NON-SIGNIFICANCE
SEP98-0036
Location: Along the west side of 6th Ave SW at the 36100 block, Federal Way.
King County Parcel # 302104-9039. In the SE 1.4 of Sec 30, T21N, R4E, W.M>
Dear Mr. Harris:
We have reviewed the above subject and find that this project lies outside Tacoma Water's
service area.
Sincerely,
Joseph D. Eltdch
Special Projects Engineer
RJ~CEI'JED BY
EXHIBIT
PAGE, 0F
CITY OF~
(253) 661-4000
~ 33530 1ST WAY SOUTH FEDERAL WAY, WA 98003-62
March 13, 2000
-Ms. Anita Latch -
11929 62nd Avenue East
Puyallup, WA 98373
Dear Ms. Latch:
Re: Rosewood Lane Subdivision -Application Numbers SEP98-0036 & SUB98-0004
Silverwood Subdivision - Application Numbers SEP98-0042 & SUB98-0006
Thank you for your comments on the State Environmental Policy Act (SEPA) decisions for the above
referenced subdivision proposals. Several comment letters were provided to the city in response to the
Mitigated Determinations ofNonsignificance (MDNS). The subjects of the comments related to drainage,
wetlands, wildlife habitat, plants, and requests for an Environmental Impact Statement (EIS). This letter
briefly responds to each of the topics in the public comment letters.
STORMWATER DRAINAGE
Several parties commented on the preliminary storm drainage plan. Full drainage review under the
Federal Way City Code (FWCC) and 1998 King County Surface Water Design Manual (KCSWDM) is
required for both projects. Drainage, water quality, and conveyance facilities must be designed in
accordance with the KCSWDM as adopted and modified by the FWCC. Compliance with the code and
KCSWDM will mitigate any drainage impacts. The preliminary drainage plans propose over-excavation
in Bellacarino Woods Tract A to provide stormwater detention capacity, and do not depend on
condemnation of private property.
WETLANDS
One person requested 200,foot wetland butters. The applications are vested to the environmentally
sensitive area regulations in place in November 1998. For Silvecwood, the proposed wetland buffers of
100 feet comply with applicable FWCC standards in place at the time o£submitting a complete
preliminary plat application. No intrusions' into the wetlands or associated 100-foot buffers are proposed.
No wetlands are on or within 100 feet of the Rosewood Lane site.
EXHIBIT
PAGE_ (,, OF
Ms. Anita Latch
Page 2
March 13, 2000
WILDLIFE ItABITAT
One person commeuted on the loss of habitat for the pileated woodpecker. The site(s) are much
too small to support a breeding pair of pileated woodpeckers and the Silverwood site is likely
only a small part of the breeding territory associated with the Hylebos Basin. To the extent that
the subdivision may impact the overall breeding territory, habitat mitigation for the Silverwood
site is provided through the creation of nine snags within permanent open areas (mitigation
measure number four), and the retention of approximately 47 percent of the site (14 acres) as
permanent open space. No unique or special wildlife habitat features, such as snags, are known to
exist on the Rosewood site, and the average lot size of approximately 19,124 square feet (.43
acre) may result in retention of some of the existing habitat areas.
PLANTS
One comment letter was received regarding thc presence of trillium plants, and the possibility of
salvaging these plants. Trillium ovatum plants arc known to exist on thc property. However, this
species of trillium is not protected as a threatened br endangered plant species, as implied in the
comment letter. Thc city suggests that parties interested in salvaging the trillium ovatum which
arc located outside thc lO0-foot wetland buffer contact thc project developer to request
arrangements for salvaging these plants.
PROCEDURAL CONSIDERATIONS
A. Some comments suggested that an EIS is required for Silverwood and Rosewood because
an EIS had been required for a previous project, Forest Ridge, located on the same site.
This comparison is inappropriate. Forest Ridge was a much larger project, encompassing
additional sites beyond the current Silverwood and Ros. ewood properties. And, the
potential impacts, which required identification in an ElS, have been mitigated by
developments subsequent to Forest Ridge, or by the proposed design of Silverwood/
Rosewood. For example, SW 356~ Street has been widened and signalized at 8t~ Avenue
SW. The Silverwood developer will be widening and improving 8u~ Avenue SW between
the site and SW 356t~ as part of the proposal. Sanitary sewer will be extended to serve the
subdivisions. School issues have been addressed by the imposition of school impact
mitigation fees. Open space concerns are addressed by the proposed design, which
preserves 47 percent of the Silverwood site as open space, and by the large Rosewood
lots (.43 acre, on average).
B. Another commenter suggested that Silverwood and Rosewood depend on condemnation,
and that therefore they must be evaluated in an ElS as a public project. As noted above,
both plats propose over excavation in Tract A of Bellacarino Woods, and therefore do not
depend on condemnation of private property.
C. Thc same commenter also suggests that the cumulative impacts of Silverwood,
Rosewood, and any other proposed development in the same drainage sub-basin must be
addressed together in an ElS. At present, while some preapplication conferences have
occurred, there are no other pending applications for development in the sub-basin. And,
even if there were, this would not require an ElS. Under WAC 197-11-060(3)(b), only
those proposals that are, "related to each other closely enough to be, in effect, a single
course of action" must be evaluated in the same environmental
PAGE.
Ms. Anita Latch
Page 3
March 13, 2000
and Rosewood are independent from other development that may occur in the future in
the sub-basin, and therefore Silverwood and Rosewood are not required to be evaluated at
the same time as other possible developments in the same sub-basin.
CONCLUSION --
The city appreciates the comments provided. After careful consideration of the comments,
however, I am retaining the two MDNS's as issued and am not requiring preparation o£an EIS.
Any appeal o£the MDNS must be received by March 20, 2000, and include an $82.00 filing fee.
The city's Hearing Examiner will be holding public hearings on the proposed subdivisions and
will forward recommendations to the City Council for final consideration. Notification of'
upcoming public hearings will be provided through mailing to all parties of record and to each
property owner within 300 feet of the sites, posting of the sites and public places, and publication
of legal notices in the newspaper. A date for the public hearings has not been set.
If you have any further questions .or would like to review the project files, please contact Jim
Harris, Senior Planner, at (253) 661-4019.
Sincerely,
SDt~rPet~(~r Co l;~;nn~ mA~nC~Develop men~(~ervi~~ ,
SEP^ Responsible Official
c: Jim lfarris, Senior Planner
G. Wayne Potter, Novastar Development Inc.
EXHIBIT tzs.
PAGE_ 3 OF_
State of Washington
DEPARTMENT OF FISH AND WILDLIFE
Region 7 Mailing Address: 6QO Capitol Way N - Olympia, Washington 98501-1091 - (360) 902-2808
Region 7 Office location: Natural Resources Building - 1111 Washington Street SE - Olympia, Washington
December 2, 1999
City of Federal Way
ATTENTION: Jim Harris
33530 1" Way South
Federal Way, Washington 98003-6210
SUBJECT: State Environmental Policy Act Document; Silverwood and Rosewood
Residential Developments; File No. SEP98-0042, Unnamed Stream,
Tributary to North Fork Hylebos Creek, SW 1/4, Section 30, Township 21
North, Range 04 East, King County, WRIA 10.0013B
Dear Mr. Harris:
The Washington Department of Fish and Wildlife (WDFW) has reviewed the above-referenced
State Environmental Policy Act (SEPA) document received on November 29, 1999, and offers
the following comments at this time. Other comments may be offered as the project progresses.
Following a site visit on December 2, 1999, WDFW concurs with the assessments and
conclusions contained in Terra Associates' Wildlife and Habitat Evaluation dated April 10, 1996,
the Wetland/Wildlife Habitat Evaluation Addendum dated July 27, 1999, and the Wildlife Habitat
Evaluation Addendum dated November 15, 1999.
We also identify the proposed project site as a naturally vegetated, mixed hardwood and conifer
second growth forest which provides quite high quality habitat with good diversity of plants and
wildlife. We recognize the protection of the open space tracts which include the wetlands and
wetland buffers (Tract G) and which account for almost 1/3 of the Silverwood Development site
as reasonable, functional leave area. We are somewhat concerned with the proposed utility
crossing in the western portion of the site which will pass through the upper end of the wetland.
Provided adequate mitigation can be applied to the utility wetland crossing which will absolutely
minimize habitat and hydraulic impacts, the project can be approved. We request coordination on
this matter to help ensure 'proper mitigation and best management practices are followed. One
final issue regarding the habitat assessment is the matter of the red tailed hawk nest. Since the red
tailed hawk is not a recognized priority species by WDFW and the recently active nest is not on
the subject property, this is not a contentious issue.
RECEIVED BY
.... "'EXHIBIT'r:>u
7 OF
Mr. Harris
December 2, 1999
Page 2
The unnamed Hylebos tributary, WRIA 10.0013B, initiates from the wetland complex in the leave
area and extending off-site. This wetland sysiem therefore serves as the primary headwater area
for this stream. We do know this stream segment in the vicinity of the project, downstream from
the wetland experiences seasonal flow and typically dries in the summer months. We do not know
whether this stream segment supports a resident trout population. This is unlikely on the perched
segments on top of the hill, but not out of the question. However, the steep stream reach between
the hill top and the Hylebos valley floor certainly precludes anadromous access to this upper
reach.
The proposed protection of the wetlands with their I00 foot buffers (Tract G) and the associated
upland areas within Tract F are considered to be adequate mitigation for protection of water
quality, habitat function and the headwater conditions for downstream support of known fish
bearing reaches including salmon and trout populations in Hylebos Creek.
Thank you for the opportunity to provide these comments. If you have any questions, please
contact me at (253) 863-7979.
Sincerely,
Don Nauer
Area Habitat Biologist
DN:dn:rosesilver
cc: Ted Muller, WDFW
SEPA Coordinator, WDFW
Russ Ladley, Puyallup Indian Tribe
EXHIBIT.. .
BRICKLIN & GENDLER, LLP
A'FrORNEYS-AT-LAW
FOURTH AND PIKE BUILDING City Clerks 0/lice
1424 FOURTH AVENUE, SUITE 1015 Ci~, 0f Federal Way
SEATTLE, WA 98101 ..~
DAVID A. BRICKLIN (206} 621-8868
MICHAEL W. GENDLER FAX (206) 621-0512 JENNIFER A. DOLD
DAVID S. MANN CLAUDIA M. NEWMAN
March 20, 2000
City Clerk
City of Federal Way
33530 First Way South
Federal Way, WA 98003
Re: Appeal on MDNS for Silverwood Residential Cluster Subdivision (SEP98-
0042) and Rosewood Lane Subdivision (SEP98-0036)
Dear Clerk:
I am submitting this MDNS appeal on behalf of Roy Parke, together with the filing fee of $82
referenced in Mr. Clifton's letter to me dated March 13, 2000.
Mr. Clifton's letter states:
The preliminary drainage plans propose over-excavation in
Bellacarino Woods Tract A to provide stormwater detention
capacity, and do not depend on condemnation of private
property.
Letter, p. 1 (emphasis added). However, neither MDNS contains a SEPA condition to protect
against adverse impacts to downstream properties, as is required by the King County Surface
Water Management Design Manual and by the Federal Way Addendum to the Design Manual.
Of course, Mr. Parke is more concerned with the actual impacts, rather than what
"preliminary" drainage plans "propose." Accordingly, our appeal requesfs that a SEPA
condition be added to the MDNS for these two projects to give effect to the statement in Mr.
Clifton's letter which is the stated basis for the determination that stormwater impacts will not
be significant. An appropriate statement of such a condition would be:
The detention capacity required to meet the requirements of,~EXH I BIT_ g
1998 King County Surface Water Design Manual and Federal i
Way City Code shall be provided on-site, or upon off-si~lt.~AG[~
private property where the applicant has obtained an easement
City Clerk
March 20, 2000
Page 2
or other real estate inter-est through voluntary agreement with
the landowner. There shall be no condemnation of private
property to provide stormwater detention capacity for these
proposed subdivisions.
The KCSWDM requires the applicant to avoid adverse stormwater drainage impacts to
downstream properties. The MDNS for these proposals should be conditioned on the
applicant's avoidance of adverse impacts to downstream properties. An appropriate condition
would state:
Drainage, water quality, and conveyance facilities must be
_designed in accordance with the KCSWDM as adopted and
modified by the FWCC. The increased volume of runoff from
the proposed project may not increase the 100-year floodplain
elevation of the SW 356a Street closed depression more than
0.01 feet.
If these or other comparable conditions are imposed 'to insure that this applicant recognizes and
will be held to its responsibility to avoid adverse impact to downstream property including that
of Mr. Parke, and to make its own sufficient and appropriate arrangements for stormwater
detention, we will be pleased to withdraw our appeal.
Mr. Clifton's letter states that the City's Hearing Examiner will be holding public hearings on
the proposed subdivisions. Please include me on the mailing list for such notification.
Very truly yours,
BRICKLIN & GENDLER, LLP
Michael W. Gendler
MWG:psc
,~ cc: Roy Parke
· ' Jim Harris, City of Federal Way I::XHllSl'i'. et,-
Stephen Clifton, AICP, City of Federal Way
PAGE. 2-
MA~ 2 0
Chat'les Connon c~ Clerks 0[~ice
35530 6th Ave S W ,..-.,ci~/0~ a~eral Way
B.J. Mottershead ~--..-
708 SW3S7th
and Concerned Neighbors
Federal Way WA 98023 17, March, 2000
TO: Stephen Clifton, SEPA Responsible Official, City of Federal
Way
SUB J: Appeal of Silverwood SEP98-0042 & SUB98-0006
and Rosewood Lane SEP98-0036 & SUB98-0004 Mitigated
Environmental Determination of Nonsigfficance
Request these comments concerning above plat(s) be provided to the
Hearing Examiner in their entirety.
The grounds for appeal are set forth in Charles Connon letter, to Jim
Harris, dated 3 March 2000, Subject: Silverwood and Rosewood
Mitigated Environmental Determination of Nonsigificance
(Attachment 1), B.J. Mottershead letter, dated Feb 23, 2000, to J.
Harris, Reference Silverwood and Rosewood Proposal (Attachment 2),
B.J. Mottershead letter, dated Nov 19, 1998, to R.J. Armstrong
(Barghausen), CC to CiW of Federal Way, Mr. Greg Moore
(Attachment 3) and the following.
1. City of Federal Way letter to Charles Connon, dated March 13,
2000, Re: Rosewood Lane Subdivision - Application Numbers SEP98-
0036 & SUB98-0004. Silverwood Subdivision - Application Numbers
SEP98-0042 & SUB98-0006.
'2nd Paragraph, Stormwater Drainage, fails to address Full Drainage
,~ review for the proposed over-excavation in Bellacarino Woods Tract
~ A, which appears to be a redesign rather than a simple over-
excavation.
'6th Paragraph, Procedural Considerations, C. the portion~C
references WAC 197-11-060(3)(b), only those proposals tlta~
~-,~. are," related to each other closely enough to be, in effect, a~;~ [
course of action" must be evaluated in the same environmental
document. Silverwood and Rosewood are independent from other
development that may occur in the future in the sub-basin.
While the above statement may be correct, the intent of WAC 197-
"11-060(3)(b)(i) and (ii) seem to be different, Silverwood is
dependent upon the Bellacarino Woods retention pond. Rosewood (as
the Plat was submitted) is dependent upon Silverwood which is
depend upon the Bellacarino Woods retention pond. However this is
not mentioned in the Rosewood Environmental Checklist. The same
developer working on three projects at about the same time, in about
the same area, seem related. They appear to be three parts,
(Silvem, ood, Rosewood & the Bellacarino Woods retention pond)
which are dependent upon each other and should be combined as a
larger proposal .... "Other development that may occur in the future
in the sub-basin" seems to be a different issue.
,(.-' ,~ Both Environmental Checklists make reference to the same HSPF
· · Hydrologic Study which is based on S 1 homes on about 30 acres. Now
the proposal is for 79 homes on about 34 acres. No mention is made
about the severe flooding Type 3 conditions that have been observed
in the area of the study which is part of the same area that both
plats plan to dump their water. This again would seem to show that
the projects should be evaluated together along with the Bellacarino
Woods retention pond (WAC 197-11-060,(3)(b)(i)(ii)) and that
perhaps the referenced document needs to be updated.
-2. The fact that there have been recent case(s) of severe flooding on
property that directly boarders the proposed collection point for
stormwater from these plats, would seem enough to meet the EIS
threshold determinations under WAC 197-11-.330, (1)(b),(3)
(a)(b)(c)(i) and (iv). Reviewing agency are supposed to pay attention
to likely impacts, probable impacts and CUmulative impacts under
WAC 197-11-060, (4) & WAC 197-11-782. Severe Flooding is
described on page 1-20 of the King County Surface Water Design
Manual, Downstream Problems Requiring Special Attention, 3. Page
1-21 describes Severe Flooding Problems (Type 3), as severely
impacting a sole access driveway and is expanded upon in footnote
26. Page1-22, Section1.2.2.2, Principles of Impact Mitigation,
describes Aggravation of an existing downstream problem ... and
closed depressions. See table 1.2.3.A, Type 3, and footnote 5.
r~3. The first four pages of the referenced letter (Attachment 1), show
~,.k( an inconsistency in the developer's documentation and lead me to
0 believe that the reviewer may not have the complete information
under WAC 197-11-080 to properly evaluate the proposal~l[~[T
PAG E_.g.._O
information presented seems to change to meet the required
'~4. Neither proposal addresses the previous flooding of SW 357th St.
and the measures planned to mitigate future occurrences. WAC 197-
11-330 (3)(a) & (c), WAC 197-11-782 and WAC 197-11-794 would
seem to indicate that an F. IS wo~ld be required. This street and the
emergency vehicle turn around have been flooded on numerous
(,~.~ occasions with the water as deep as 6-8 inches. So far entry to the
home has not been blocked. However, it wouldn't take much more
water to block the home from entry and emergency vehicle access.
The water has remained over the road for several days seemingly
depending upon the condition of the Bellacarino Woods retention
,pond.
Charle, g J Connon B.J. Mottershead
EXHIBIT
PAGE_t__OF/./.F_
Chou'les Connon
35530 6th Ave S W
· Federal Way WA 98023 3, March, 2000
253-838-2392
TO: Jim ltm'ris, Sr. Planner, City of Federal Way
SUB J: Silver-wood auld Rosewo°d Mitigated Environmental
Determination of Nonsigificance
Conmmnts concerning above plat(s) application. Request these
comments be provided to the Hearing ~Examiner in their entirety
after staff review.
~. On May 5th, 1997, Mr. Halinen, Attorney for Novastar, sent a
letter to Mr. Parke's attorney which states in part:
Novastar has applied to the City for approval of a 51-1or
plat sut~division being called "Silverwood" on a 30-acre
parcel of land it owns lying a few blocks south of SW356th
on the west side of 8th Avenue SW. Most of that parcel
drained to the north. Novastar anticipates that, in order to
avoid exacerbating the flooding problems relating to Mr.
Parke's property, the City will require Novastar to expand
the size of the existing retention pond that Was developed
on the Bellacarino Woods property west of Mr. Parke's
property unless other arrangements are made with Mr. Parke.
In view of the fact that the City is going to condemn Mr.
Parke's property within the next few years to create a
regional detention facility (which would make the pond
expansion superfluous), we think that there nmy be some
possibilities for providing both benefit to Mr. Parke and cost
savings to Novastar by making arrangement with Mr. Parke ....
Novastar President Thomas Barghausen and project manager Wayne
Potter were sent of copies of this letter as "cc". Novastar was
concerned about their water flooding Mr. Parke's property in May,
1997. EXHIBIT L a_
B. The City received the Preliminary TIR for the Silverwo 4 l t.an 0F/_2y___
Oct. 6, 1998. Dated June 1996, with a last revised date of September
1998.
I{IzGEIVIr. D BY
~';OM[.~[INII¥ qFVFI. OPMENT t)EP^RTP'
Page 16 of this says in part the a new conveyance system will
be constructed from Silverwood ... before discharging into
Bellacarino Woods Tract 'fA' pond.
C. The city of Federal Way issued an Environmental Determination of
Nonsignificance. Bellacarino W6ods Retention Pond Maintenance SEP
9%0023 on August 19, 1999. The description of the proposal was to
Perform maintenance and excavation to an existing retention pond to
remove approximately 1,250 cubic yards of silt and other native soils
to bring the pond into conformance with the design and operational
requirements of the plat of Bellacarino Woods. The Environmental
Checklist submitted / signed by Thomas A Barghausen was dated
7/22/99.
Paragraph 2 of this document says: Answer the questions briefly,
with the most precise information known, or give the best
description you can. Paragraph 3 says: You must answer each
question accurately and carefully, to the best of you knowledge.
The answer to question 7. which asks: "Do you have any plans for
future additions, expansions, or further activity related to or
connected with this proposal?" was NO. The answer to question 9.
which asks: "Do you know whether applications are pending for
governmental approvals differently affecting the property covered
by your proposal ?" was NO.
D. The City received another Preliminary TlR for the Silverwood Plat
on Oct. 6, 1999. Dated June 1996, with a last revised date of
December 1999.
Unnumbered page (lst page in Section III) of this says in
effect, the a new conveyance system will be constructed
from Silverwood ... before discharging into Bellacarino
Woods Tract 'A' pond.
E. Along with the TlR, Novastar submitted a document titled:
PROJECT DESCRIPTION / WATERSHED ANALYSIS. This was the second
page under cover letter dated November 22, 1999, RE: Completed
ESA Checklist for Silverwood/Rosewood Lane, signed by Thomas A
Barghausen. Paragraph 2. of this document states,referrinl l{HIBiT .g3' I(,
Silverwood and Rosewood stormwater: '
PAGE 5 _OF_LY__
This drainage is conveyed via an underground storm drain
toward the north into a closed depression within the plat of
Bellacarino Woods, approximately 1 mile north of the site. This
natural depression collects storm water from a basin of
approximately 300 acres. The depression has no outlet and
accommodates the lO0--year storm without overflowing.
The second a2~d d~ird sentences appear to be ~nisleading. From this
statement the reader(s) / evaluator(s) of this document might think
that d~e stormwater from Silverwood/Rosewood Lane is going to a
closed depression that doesn't overflow during a lO0-year storm
and is contained on the Bellacarino Woods Plat. In fact the closed
depression within the Bellacarino Woods plat has an oudet. IT
OVERFLOWS INTO TItE SW 356TIt STREET DEPRESSION with some
regularity, flooding property owners to the east. It also has
overflowed during many storms of much less significance than 100-
year storms. This Flooding is on~ of the reasons the City is attempting
to purchase/condemn portions of the property to the east. In Fact, in
the latest Silverwood TIR, 7 pages after the 2nd plastic map insert,
labeled 53 at the top right, 1st paragraph, there is a note about
previous flooding. Also notice under the chart 10 pages after the 2nd
plastic map insert, the statement that says:
"The Bellacarino Woods Tract A pond overflows the plat
boundary at elevation 304.5 to become a part of the overall
closed depression that covers both Bellacarino Woods Tract 'A'
and Mr. Parke's property"
In May, 1997, Novastar was concerned about possible problems
caused by their adding Silverwood And Rosewood stormwater to
Bellacarino Woods Tract 'A' pond. (see A. above)
In September, 1998 Novastar submitted the Silverwood/Rosewood
TIRs stating they intended to convey the stormwater to the
Bellacarino Woods Tract 'A' pond. (see B. above)
In July,1999, when they wanted to over excavate the Bellacarino
Woods Tract 'A' pond, they seemed to forget the they were
concerned about possible problems from the Silverwood/Rosewood
water in the Bellacarino Woods Tract 'A' pond and the fact the
Silverwood/Rosewood water was even going to the Bellacarino
Woods Tract 'A' pond. (see C. above)
Now in 1999, Novastar submitted the Silverwood/Rosewood TIRs
stating they intended to com, ey the stormwater to the Bellacarino
Woods Tract 'A' pond. Now we remember Bellacarino Woods Tract 'A'
pond again. (see D. above)
Then Novastar submits along with the TIR a document that states:
This drainage is conveyed via an underground storm drain
toward the north into a closed depression within the plat of
Bellacarino Woods, approximately 1 mile north of the site. This
natural depression collects storm water from a basin of
approximately 300 acres. The depression has no outlet and
accommodates the 100-year storm without overflowing.
Now there is no drainage/flooding problem because suddenly the
water is all going into a closed depression on their property, except E.
above states, the water runs over the 304.5 foot bank on to Mr.
Parke's property.
The fact that they knew about water problems, then didn't know.
Then they knew about Silverwood/Rosewood plats, then didn't know.
They were concerned about flooding and now state that the
..~ Bellacarino Woods natural depression, within the plat of Bellacarino
C.
Woods, has no outlet and accommodates the 100-year storm without
overflowing, but it does run over the bank to Mr. Parke's property.
This seems to be a bit of inconsistent or at least some selective
memory.
I attempted to' review the TIR with the above information fresh in
my memory and with the idea that the responses might be
misleading or incomplete. I have found what appears to be incorrect
or incomplete information in the areas indicated below. I am sure I
have overlooked other problems as my main area of concern is the
stormwater and flooding. I happen to be one of the people the City
has threatened with condemnation.
*'The following items reference the Preliminary TIR fo:' the Silverwood
Plat and the Rosewood plat that basically uses the same information.
,_(.,..~ 1. That portion of the Silverwood and Rosewood plats referred to as
"an off site detention pond" is the Bellacarino Tract "A" retention
pond. The changes proposed constitutes a Bellacarino
"ALTEILATION OF PLAT" as described in FW code chapter 20. (2--140,
page 1218) As such it is subject to the normal application and review
process to include application, routing, review, public hearing, report
to the Hearing Examiner, City Council review and action. Full
compliamce with all Core and Special requirements should be
reviewed under the King County 1998 Surface Water Design Manual,
Table 1.1.2.A. pg. 8 and other sections, not as a previously approved
drainage facility by the City of Federal Way.
2. What is called "over excavation" or "excavation" is actual redesign,
relocation of pipes, (storm lines), gabion(s), destruction of Bio
(~.-k~O Filtration Swale(s), destruction of access roads, reshaping and
redesigning and reconstructing to a new design the Bellacarino
Woods Tract 'A' Retention/Infiltration pond. As such, the entire
redesign should be submitted and revived as a "Alteration of Plat",
FW Code chapter 20-140) and under FW Code chapter 21 all sections
with emphasis on Core and Special Requirements. It should also meet
1998 King Country Surface Water Design Manual guidelines. (see
item 8, on the Mitigated Environmental Determination of
Nonsigificance, notification letter dated 2/17/2000)
~3. Preliminary review of Off-Site pond Excavation Tract 'A'
Bellacarino Woods, Preliminary Plat of Silverwood. SUB 96-0002/SEP
96-0017/UPR 96-0017 Novastar drawing submitted w, ith the
Silverwood TIR shows several items which do not seem to meet
Federal Way code or the King Country Surface Water Design Manual
guidelines. For example, the drawing shows a pond bottom at 295
feet, while information in the TIR shows maximum ground water
reached 295 feet around 17 January 1997. The King Count3.' Surface
Water Design Manual states on page 5-60 that "the proposed pond
bottom must be at least 3 feet above the seasonal high ground water
~ "l level and have at least 3 feet of permeable soil beneath the bottom".
· The City has described the existing pond as an i~filtration pond.
Therefor, the proposed pond does .not appear to be in compliance
with the King County Surface Water Design Manual. Another example
~ould be that the Off-Site pond Excavation Tract 'A' Bdlacarino
Woods, Preliminary Plat of Silverwood. SUB 96-0002/SEP 96-
0017/UPR 96-0017 Novastar drawing shows no Emergent; Overflow
Spillway as required the King Country Surface Water Design Manual
.~ 5-21. For these and other design defects not described, it is
' ~ imperativePage that this so called "over excavation or excavation" be
required to stand the test of a full review lAW King Country Surface
~, Water Design Manual table 1.1.2.A. EXHIBIT..
PAGE_
~'4. Once a full review is started one will find that there are serious
problems in the areas of Core requirement #' 1, Discharge at Natural
Location, (Requirement) +., Core//2, Offsite Analysis, (severe flooding
(Type 3)) +., Core #3, Flow Control, (Requirement) (severe flooding
(Type 3)+., Core It 4, Conveyance Systems, Several items) +., Special
Requirements # 1, Other Adopted Requirenmnts, (Shared Facility).,
Special Requirements # 2, Floodplain/Floodway Delineation,
(Threshold) +., Chapters 3 & S and others. Page 1-8, Table 1.1.2.A.
King County Surface Water Design Manual, indicates that a full
review is required. If a full review is determined unnecessary,
request you reopen the public comment and appeal period.
5. Including both Silverwood and Rosewood storm water in
Silverwood Tract 'A' pond and then adding that water to the water in
the Bellacarino Woods Tract "A" pond requires design review under
that portion of the King Country Surface Water Design Manual that
pertains to Shared Facility Drainage Plans (SFDPs) page 1-59. This
review would apply to both the Silverwood Tract 'A' pond and the
Bellacarino Woods Tract 'A"'ponds in addition to the other design
,requirements.
~. In reviewing the TIR core and special requirements section on a
stand alone basis (without the so called off-site excavation) there are
still problems with the details in the responses.
a. Core Req # 1. Response fails to address the threshold
requirement: "The manner in which runoff is discharged from the
site must not create a significant adverse impact to downhill
properties or drainage systems ", page 1-17, etc.
b. Core Req # 2. Response fails to address the Severe Flooding
Problems (TYPE 3), page 1-21,etc. Mr. Parke's property has been
flooded on several occasions causing his driveway to be under water
where the only access to his home was by rubber boat. This triggers
the Severe Flooding Type 3 threshold. See page 1-21,Severe Flooding
Type 3 and footnote 26.
c. Core Req # 3. Response fails to address the Severe Flooding
Problems (TYPE 3) and flow control required by Table 1.2.3.A,
Special provisions for closed depressions and footnote 5, page 1-26,
etc.
EXHIBIT 5-10
PAGE. __OF
d. Special Req # 1 fails to address shared drainage facilities, page
1-59, etc. -
e. Special Req # 2 fails to address the requirement for 100 year
flood plain iInprovements, page 1-60 and options for addressing
severe flooding problems, etc. page 3-49.
Page # referenced above are fi'om the King Country Surface
Water Design Manual. (1998)
7. The drawing (24X36) called Preliminary Pond Design- Silverwood,
SUB 96-002/SEP 96-0017/UPR 96-0017, From plastic folder in TIR
zmd the drawing (11X18) called Preliminary Pond Design-
Silverwood, SUB 96-002/SEP 96-0017/UPR 96-0017,(11X18) from
the TIR seem to be totally different~ Both appear to show that very
little water would be retained/treated in this area. Although there
are swales and a wetpond to treat portions of the incoming water the
output(S) seems to be AT 360' which is very near pond bottom at
358', and appear to be effectively passing stormwater almost directly
tltrough the pond to Bellacarino Woods Tract 'A' pond. This would
seem to render the pond volume calculation invalid. ( IE: the pond
Volume would be about 165,400 CF if the water was allowed to get
that high, but since the drain is at 360' the probable highest level the
water would get to is about 364' making the true volume about
23,000 CF) The same is true on the drawing titled "Offsite Pond
Excavation Tract 'A' Bellacarino Woods, Preliminary Plat of
Silverwood SUB 96-0002/SEP 96-0017/UPR 96-0017 last revised
11/6/97. It shows the new total pond volume to be 10,631 CY at
contour elevation 311, when in fact we know the bank overflows at
304.5 feet so the real volume is in the pond is in the area of 8,500
CY.
~. The HSPF Hydrologic Analysis of the SW 356th Street Closed
Depression uses a Silverwood proposed development comprising 51
homes on approximately 30 acres to determine the effects of
:dumping Silverwood and Rosewood plat(s) storm water into
B. ellacarino Woods tract A pond and eventually into what is called
the SW 356th St. depression. This report is based on incorrect
information. See the second paragraph on the introduction page
which states in part: "Silverwood is a proposed residential
development comprising 51 homes on approximately 30 acres ...
Runoff ... drains to the north, west, ultimately discharging into ... (the
Bellacarino Woods retention facility)... ". In fact the propo HlBl.r_
_. _ PAGE_. OF_ !? _
! development(s) consist of 70 homes on about 29.5 acres and 9 homes
!on about 4.7 acres or a total of 79 homes on about 34.2 acres.
This represents about a S 5% increase in the number of homes and
could have a significant effect on the HSPF Hydrologic Analysis of the
SW 356th Street Closed Depression. This report needs to bee updated
to represent the actual intend of the developer and the doWnstream
impact.
.,~9. How was it/ca~ it be determined that the proposed Silverwood
Ii plat does not need an Environmental Impact Study when portions
'11 meet What is identified as Environmentally Sensitive areas on
[~,Federal Ways SenAreas.Han handouq
'i0. If these comments and references do not trigger a full drainage
review on the so call "over excavation" of Bellacarino Woods Tract 'A'
retention pond please advise me prior to March 13th, 2000 so I can
file an appeal.
EXHIBIT,
PAGE-_.JJ_OF_L?._
City of Federal Way B.J.Mottershead
33530 1st Wy South, 708 SW 357th,Street,
Federal Way,WA.98003 Federal Way.WA.98023
Feb,23,2000
Att.Mr.J.Harris
Senior Planner.
Reference Silverwood andRosewood Proposal.
Novastar Development Inc.
Mr.Harris
In.reference to the above the city planing department has had
all the comments on this development and also the Bellacarino
woods Development which it is the same engineering company
for both deYelopments.
I sent in my concerns in 1991 about the Bellacarino Woods
problem. The last infor~ation was that Novastar was going to
use a spare 18" dry line to convey the water from the above
developments.
This line was installed at my request by the public works
manager Mr.P.Keightly and it will no be used for any outer
purpose than what it was installed for.
It is an over flow line to protect flooding of SW 357th St
should the existing 18" line under'356Th,SW.fail that is the
only protection.
Reference to the Forest Ridge I am request that the same ruling
which was that an Environmental Impact Study be imposed on that
development which Council Person Mary Gates also voted on at
that time. Should also apply to Silverwood and Rosewood.
Because it is the same parcel of land with the same wet lands
with the same wild life and vegetation as it was when Forest
Ridge Development was proposed.
The In my opinion'the condemnation of private property
for the ab6ve developments is unjust.
I request that this letter be presented to the Hearing Examiner.
at a later date of the hearing on the proposed developments.
With the enclosed documents I should also POint out that the
Forest Ridge Hearing Was public record and why do we have a
different set of rules.
Benard J.Mottershead
PAgE
Mr.R.J.Armstr0ng PE Bernard J.Mottershead
Barghausen 708 SW 357th,Street
Consulting Engineers,Inc Federal Way. WA.98023
18215 72 Ave,South
Kent.WA.98032
Nov, 19,1998
Dear Mr.Armstrong
With reference to the Preliminary Plat of
Silverwood/Rosewood Novastar Development,Inc
I want to bring to your attention reference your report.
I will list them as page ~15 and ~16
Page your Downstream Analysis
The Downstream analysis field inspection conducted on February
8,1996 at that time when record flooding was occurring in the
Federal Way area.The record flooding was caused by week of
freezing followed by intense rainfall and rapid thaw.
Therefore,we assume we have observed the worst case condition
of downstream drainage system. Please see the attached photos
were taken on February 8,1996.
Page #16.
You state in the first paragraph that it is impossible for the
water to backup because the retention pond surface water
is at the 311' elevation.
The 357 th,Street cul-de-sac elevation is 336'
is 311' elevation
You also state the 12" concrete pipe under SW 357th,st is under
capacity.
This would cause flooding on the south side of SW 357th,St
Then why Mr. Armstrong in my photos the flooding is on my
property on the North side of.357th, st
Which the City of Federal have had opportunity to view
on Nov,17,1998
I will present photos at the above plat hearing.
Reference to the Spare 18" CEPC Storm Drainage Pipe
(crossing SW.356th,Street)
This in not a spare pipe and never was.
It was installed by King County during the wideing of SW 356th,St
Approx 10'-0" above the existing 18" which also runs under
356th,st.
Because the county Would not increase the size of the existing
18" and would not install a new pipe.
At my insistence and the City of Federal Way,required that King
County install over flow dry line. This line is the only
protection for the 357 th,Street cul-de-sac should the existing
18" pipe fail.
This will not be used to convey any surface water from
the Silverwood/Rosewood Development
To the Bellacarino Woods renention pond.
The flooding in February,1996 was also reported by my self to
the City of Federal Way by telephone.
My photos show a different picture of the flooding in SW.357th,St
Because 'the King County pond was removed to accomidate more
houses for the Newhall Jones (Bellacarino Woods) Development
and the 18" storm water pipe from SW 357th,St was then installed
into the Modified system.
The North side of SW 357th,St did not flood when there was
no
King County Retention Pond and did not flood when there was
a King County Pond.
This has happend since the removal of the King County Retention
Pond (Bellacarino Woods)
I will wait for your responce to this letter and what your plan
is to correct the problem in respect to the above.
Copy to City of Federal Way. Mr.Greg Moore
Copy to Newhall Jones.
Yours B.J.Mottershead
EXHIBIT f.5,1C,
PAGE_ !L/ OF_ lc/
PETITION
Be it hear known that we the undersigned do by hereby affirm by the affixing of our signatures
on subject petition our disapproval of and discontent with the proposed project knoWn as
Silver'wood Cluster Subdivision (Federal Way File No. SEP98-0042) in its present proposed plan
for the reasons enumerated as follows but not limited to:
· The minimizing of the lot · Negative impact on " Increased traffic
sizes wed ands cong estio n
· Adverse effect on the fowl ' Devaluation of the ' Assured dramatic change
life property values in crime rate
· Change from semi-feral to · Adverse impact on the · The impact on the older
high density school system homeowners/generation
· Increased unabated water · Most probable deviation ' Increased speeding
runoff from DNR guidelines infractions
PRINT .NAME ADDRESS
PETITION
Be it hear known that we the undersigned do by hereby affirm by the affixing of our signatures
on subject petition our disapproval of and discontent with the proposed project known as
Silverwood Cluster Subdivision (Federal Way File No. SEP98-0042) in its present proposed plan
for the reasons enumerated as follows but not limited to:
· The minimizing of the lot ~"' Negative impact on ~' · Increased traffic
sizes wetlands " congestion
· Adverse effect on the fowl~ · Devaluation of the /ff · Assured dramatic change
life property values in crime rate
· Change from semi-rural to '7, Adverse impact on the [[ · The impact on the older
high density school system homeowners/generation
' Increased unabated water J:~ ' Most probable deviation / ,~ · Increased speeding
runoff from DNK guidelines infractions
" ....... PRINT:NAME:~..:.., · · ' .... .:'".';;. . :./ "': ........ :?i::,.:'. . :"'-
g
, PETITION
Be it hear known that we the undersigned do by hereby affirm by the affixing of our signatures
on subject petition our disapproval of and discontent with the proposed project known as
Silverwood Cluster Subdivision (Federal Way File No. SEP98-0042) in its present proposed plan
for the reasons enumerated as follows but not limited to:
// · The minimizing of the lot ~' Negative impact on '~ · Increased traffic
sizes wetlands congestion
~-- * Adverse effect on the fowl (¢ · Devaluation of the ! u · Assured dramatic change
life property values in crime rate
"~ ' Change from semi-rural to "~ · Adverse impact on the ! ] · The impact on the older
high density school system homeowners/generation
// · Increased unabated water ~' ' Most probable deviation Increased speeding
runoff from DNR guidelines ~ 9,~ infractions
., ..... i. Dm SS ..
PETITION
Be it hear known that we the undersigned do by hereby affirm by the affixing of our signatures
on subject petition our disapproval of and discontent with the proposed project known as
Silverwood Cluster Subdivision (Federal Way File No. SEP98-0042) in its present proposed plan
for the reasons enumerated as follows but not limited to:
· The minimizing of the lot · Negative impact on · Increased traffic
sizes wetlands congestion
· Adverse effect on the fowl · Devaluation of the · Assured dramatic change
life property values in crime rate
· Change from semi-rural to · Adverse impact on the · The impact on the older
high density school system homeowners/generation
· Increased unabated water · Most probable deviation · Increased speeding
runoff from DNR guidelines infractions
PitI'NT:NAME '' AJ~DRESS SIGNAT .L~RE
~.,,.~,,, ~,~ g~ ~ ~s-~ c+' ~ ~.- ~ -
PETITION
Be it hear known that we the undersigned do by hereby affirm by the affixing of our signatures
on subject petition our disapproval of and discontent with the proposed project known as
Silverwood Cluster Subdivision (Federal Way File No. SEP98-0042) in its present proposed plan
for the reasons enumerated as follows but not limited to:
· The minimizing of the lot · Negative impact on · Increased traffic
sizes wetlands congestion
· Adverse effect on the fowl · Devaluation of thc · Assured dramatic change
life property values in crime rate
· Change from semi-rural to , Adverse impact on the · The impact"on the older
high density school system homeownerS/generation
· Increased unabated water ' Most probable deviation · Increased speeding
runoff from DNR guidelines· infractions
PETITION
Be it hear known that we the undersigned do by hereby affirm by the affixing of our signatures
on subject petition our disapproval of and discontent with the proposed project known as
Silverwood Cluster Subdivision (Federal Way File No. SEP98-0042) in its present proposed plan
for the reasons enumerated as follows but not limited to:
· The minimizing of the lot ' Negative impact on , Increased traffic
sizes wetlands congestion
· Adverse effect on the fowl , Devaluation of the · Assured dramatic change
life property values in crime rate
· Change from semi-rural to · Adverse impact on the · The impact on the older
high density school system homeowners/generation
· Increased unabated water ' Most probable deviation · Increased speeding
runoff from DNR guidelines infractions
~ ~ ,,i:i.;,! ~:::.~::~. P~.~:NAM,E.. .. ,.,, .. . . ;:.. ~. ;. '.r.:.~:. :,"~i .:-i.~ ;': , .',':i?A'DD.RES~'!..: ........ ,. :i!..:i::i:'i!"~';ii:;, .!ii::!:,~:':, ..'., .i i~:%::'!:~i~i.'~::
.~ ........ ~.. SIGNATU;RE '.:
Charles Cormon
35530 6th Ave S.W.
Federal Way, WA. 98023 838-2392
Dear Council Member,
The City staff has recommended to the Hearing Examiner that the Rosewood
Lane and Silverwood Plats be approved. The Hearing Examiner has agreed with
the City Staff and soon the issue will be before the Council.
On Sept 19th, I checked the Official public Notification Board at City Hall and
the required notice boards at the Silverwood site. No Public Notice of the Sept
25th, Hearing Examiners meeting were posted as required by Federal Way City
Code (FWCC) section 20-119. (Tab 1) I also checked the Official Public
Notification Board the morning of the Hearing Examiners meeting (Sept 25)
and no notice was posted. The City will say that because they posted a notice on
the hearing room door the day the meeting was originally scheduled (Aug 7th)
that's all they had to do. FWCC 20-125 says differently. (Tab 2) Once the meeting
has started the Hearing Examiner can continue the meeting with a notice on
the door, 15 days before the meeting starts, notices are required to be posted.
They were not. I have checked with 6 people who were supposed to be notified
(Notification list Tab 3) and none were. I can find no one who was officially
notified except for the appellants. (Parke, Mottershead & Connon) who were
notified by the hearing examiner that the original meeting was canceled and
moved to Sept 25th. However, a lady took it upon herself to call everyone she
knew the night before the Hearing Examiner's meeting to tell them about the
meeting. Apparently she saw it on the city TV channel.
The city staff is recommending that the hearing Examiner over-ride City
Council Resolutions 95-200 and 214.(Indirectly) Because these Council
Resolutions were passed approving the Bellacarlno Woods final plats and
conditions were imposed requiring work to be completed and stormwater
system and ponds dedicated to the City. The conditions have not been met.
Council Resolution 95-200 was passed by the council May 16th, 1995 (Division I)
and Council Resolution 95-214 was passed by the council on October 3rd, 1995.
(Division II) These resolutions required that work needing completion on the
Bellacarino Woods Plats be completed in six months. FWCC 20-135 (b) (c) (Tab 4)
It is now almost 5 years later and the work is not complete, but the city staff is
-recommending that another developer be allowed to use land that should have
had the required work completed and the land dedicated to the city years ago.
FWCC 20-5 (b)(c) shows that the allowing Silverwood to change the Bellacarino
Woods Tract "A" pond before the plat conditions have been met is a violation of
City code. (Tab 5)
I have requested that the City not release the Bellacarino Woods developer's
bond until the storm ponds work properly, but I am sure that this is not the
reason for the work not being completed.
Notice that if the developer of Bellacarino Woods (NJ) bad been required to
comply with City Code and complete the work in a reasonable time the
developer of Silverwood and Rosewood Lane ( Barghausen, who's company did
the design work (l) for Bellacarino Woods) would not have the ability to use
Bellacarino Woods Tract "A" retention pond to store/dumps his storm water as
he plans to do. See attached letter. (Tab 6) lie would have to meet the city
requirements because the so called Tract "A" pond would be / should be City
property.
Were these developers lucky or what ? If the City approves Silverwood the
developer of Bellacarino Woods (NJ) will probably never have to complete
what was required for the Bellacarino Woods final plat. If the City would
require NJ to complete the work, wouldn't the work have to be done six months
after the Silverwood final plat approval, because the Bellacarino Woods tract
"A" pond will be modified by Silverwood work. (six months after final plat
approval could equal about 5 years if the past six month requirement is taken
into consideration.) Who would be responsible for the work? The old developer
or the new developer ? What standard would have to be met? Who would have
to dedicate the pond to the City ? What about legal issues ?
Why did the City fell asleep and forgot that work was supposed to be completed
within slx months of the Bellacarino Woods final plat. NJ Land Company didn't
forget. See the first paragraph of the attached letter, last sentence. (Tab 6)
Apparently, Mr. Parke sold his property to Barghausen on about the 20th of
Sept, 2000 and for the Hearing Examiner's meeting on the 25th of Sept the City
Staff already have prepared a change to allow Barghausen to overexcavate
that property or to use a future Regional Stormwater Retention pond (Tab 7)
that will be on land the City doesn't even own yet. Are they lucky or what ?
Please ask yourself the following questions before the staff briefs you and
recommend that you approve these subdivision.
1. Why can I find no one who received notice of the hearing F~xaminer's Sept
25th meeting and why were there no notices at the site, in the newspaper, or
on the City Hall Bulletin Board ? I have supplied the list of names, try a couple
at random and see what you find out. Did they receive notice of the Sept 25 th
Hearing Examiners meettng? (Not the Aug 7th)
2. Who at the City allowed or how was the Bellacarino Woods developer allowed
over four years to complete the Bellacarino Woods plat when the code says it
must be done in 6 months ? Why isn't it done yet ? This should have been City
owned property over 4 years ago. Fines should have been levied.
3. Which developer would be responsible to complete the work required by the
council in Oct 1995 to complete the Bellacarino Woods plat ? What happens to
the present Bond ?
4. What kind of president would be set if you approve change on a plat by
another developer, which has Council Final Plat Approval, but has never been
completed ? Would you be telling future developers to go ahead and do what
they want, future councils have no respect for past council decisions and will
make everything OK ? Shouldn't the work required for completion of the
Bellacarino Woods plat be completed and the land dedicated to the City as
required by the 1995 Council Resolution(s) ?
If you have a chance, please watch "Yes, Minister" on Channel 9 (PBS) at 11Pm,
Monday through Thursdays. One night is enough. It is very informative.
§ 20-118 FEDERAL WAY (~ITY CODE
(12) A statement of the preliminary determi- to subject property. The directer of community
nation, if one has been made at the time of development services may require the placement
notice, of those development regulations of additional public notice signs on or near the
that will be used for project mitigation subject property ifhe or she determines that this
and of consistency as provided in RCW is appropriate to provide notice to the public.
36.70B.040.
(d) Timing. The public notification sign or signs
(b) Distribution. The director of community must be in place at least 14'calendar days after
development services shall distribute this notice the letter of completeness has been issued, and
as follows:
removed witlfin seven calendar days after the
(1) A copy w/Il be sent to the persons receiv- final decision of the city on the matter.
ing the property tax statements for all (Ord. No. 97-291, § 3, 4-1-97)'
property within 300 feet of each boundary
of the subject property. Sec. 20-119. Notice of public.hearing.
(2) If the owner of the' property which is .:
proposed to be subdivided owns another (a) Contents. At least 15 calendar days prior to
parcel, or parcels, of property which lie the date of the public hearing, the director of
adjacent to the property proposed to be community development services shall distribute
subdivided, notice of application shall be a public notice in essentially the same form as the
given to owners of property located within notice of application, except that a public hearing
300 feet of any portion of the boundaries date will be scheduled.
of such adjacently located parcels of prop-
erty owned by.the owner of the property (b) Distribution. The public notice shall be '-
proposed to be subdivided, mailed to all persons and agencies who received
the original notice of application. The notice shall
(3) A copy shall be.mailed to appropriate city also be mailed to the official weekly newspaper of
or county officials if the proposed'plat lies the city with a request that the hearing be noted
within one mile of an adjoining city or on their calendar of events. In addition, any
county boundary.
person specifically requesting to be notified or
(4) A copy shall be marled to all agencies or who submitted comments as a result of the notice
private p. ompanies who received copies of of application shall be notified at this time.
the preliminary plat pursuant to section
20-109. (c) Public notification sign. The directgr of
community, development services shaft have --
(5) Notice shall be mailed to the state depart- changes made to the public notification sign or
ment of transportation if the proposed -
plat abuts a state highway, signs erected at the time of notice of application to
reflect any changes in the application, including
(6) A copy will be published in the official the scheduled date of the public hearing.
daily newsbaper of the city.
f (7). Acopy will be posted on each of the official (d) 2truing. The public notification sign or signs
~ nofffication boards of the city and at pub- must be removed within seven calendar days
; lic libraries within the city. after the final decision of the city on the matter.
~ ~ · ' (Ord. No. 9%291, § 3, 4-1,-97)
(c) Public notification sign. The applicant shall
erect at least one public notification sign which Sec. 20-120. Report to hearing examiner;, re-
complies with standards developed by the depart- view.
ment of communi, ty development services. This
sign shall be located on or near the subject prop- (a) No less than seven days prior to the dat~ of '~:'
ertY facing the right-of-way or vehicle access the public hearing, the department of community
, easement or tract providing direct vehicle access development services shall submit to the hearing
Supp. No. 17 1210
SUBDIVISIONS § 20-125
examiner a written report summarizing the ap- (b) O/~en to pl~blic. The hearings ofthe hearinC.
plication. The report shall contain the following examiner are open to the public.
information: (c) Effect. The hearing of the hearing examiner
(1) All pertinent application materials, is the open record hearing for city cOuncil on the
(2) An analysis of the application under the application. The city council shall.not hold an-
relevant provisions of this chapter and other open record heating on the application.
the comprehensive plan. (Ord. No. 97-291, § 3, 4-1-97)
(3) A statement of the facts found by the Sec. 20-19.2. Electronic sound recording.
director of community development ser-
vices and the conclusions drawn from The hearing examiner shall make a complete
those facts, electronic sound recording of each public hearing.
(4) Anoticeofavailabilityfrom theLakehaven (Ord. No. 97-291, § 3, 4-1-97)
Utility District and City of Tacoma public Sec. 20-19.3. Burden of proof.
utilities department as appropriate.
(5) If the subdivision is to contain a septic The applicant has the responsibility ofconvinc-
system, a letter from the county depart- ing the city that, under the provision of this
ment of public health regarding the adc- article, the applicant is entitled to the requested.-'
quacy and safety of such a system, decision.
(Ord. No. 97-291, § 3, 4-1-97)
(6) All communications from other agencies
or individuals relating to the application Sec. 20-124. Public comments and partici~a-
which, were received in time to be in- tion at the hearing.
cluded in the report to the hearing exam-
incr. Any person may participate in the public hear-
(7) A list of recommendations from the de- ing in either or both of the following ways:
partment of community development ser- (1) By submitting written comments to the
vices, department of public works and hearing examiner, either by delivering
other appropriate departments relating to these comments to the department of corn-
alterations or conditions of plat approval, munity development services prior to the
(8) ~'Acopy of the declaration ofnonsignificance, hearing or by giving these directly to the
mitigated declaration of nonsignificance, hearing .examiner at the_hearing' _-
or draft environmental impact statement (2) By appearing in person, or through a
and final environmental impact state- representative, at the hearing and mak_-
ment along with a list. of any required ing oral comments directly to the hearin-~'
mitigation measures issued by the respon- examiner. The hearing examiner may rea-
sible official, sonably limit the extent of oral comments
(b) The hearing examiner shall review the to facilitate the orderly and timely con-
preliminary plat for compliance with section 20-2, .. duct of the hearing.
decisional criten'..a_in.2.0.~.!2~,_de~ign criteria{ an}i"'(Ord. No. 97-291, § 3, 4.1-97)
development standards sections 20-151 through
20-157 and 20-178 through 20-187, any other Sec. 20-125. Continuation of the hearing.
applicable ordinances or regulations of the city The hearing examiner may continue the hear-
and RCW 58.17. lng if, for any reason, he or sheis unable to hear
(Ord. No. 90-41, § 1(16.100.10, 16.100.20), 2-27- all of the public comments on the matter or if the
90; Ord. No.. 97-291, § 3, 4-1-97) hearing examiner.'determines th'at he. or she needs
Sec. 20-121.. Public hearing, more information on the matter. If, during the
(a) General. The hearing examiner shall hold hearing, the hearing examiner announces tt,
an open record hearing on each application., time and place of the nezt heating on the matt~
Supp. No. 17 1211
§ 20-1,25 FEDERAL WAY CVI'Y CODE
and a notice thereof is posted on the door or' the recommendation, including any condi-
hearing room, no further notice of that hearing tions and restrictions that are recom-
need be given, mended.
(Ord. No. 97-291, § 3, 4-1-97) (2) A statement of the' hearing examiner's
-- conclusions based on those facts. -' -
Sec. 20-126. Recommendation.by the hear-.
lng examiner. (3) A statement of criteria used by the hear-
ing examiner in making the recommenda-
(a) Generally. After considering all of the infor- tion. ..
mation and comments submitted on the matter, (4) The date of issuance of the recommenda-
the hearing examiner shall issue a written recom- tion.
mendation to the city council.
(f) Distribution of written recommendation. The
(b) Timing. Unless a longer period is mutually director of community development.services shall .- -
agreed to by the applicant and the hearing exam- distribute copies of the recommendation of the
iner, the hearing 6xaminer must issue the recom~ hearing examiner as follows:
mendation not later than ten working days fol-
lowing conclusion of all testimony and hearings. (1) Within two working days afar the hear-
ing examiner's written recommendation
(c) Decisional criteria. The hearing examiner is issued a Copy will be sent to the appli-
shall use the following criteria in reviewing the cant, each person who submitted written
preliminary plat and may recommend approval of or oral testimony to the hearing examiner,
the plat to city council if: and each person who specifically re-
(1) It is consisteht with the comprehensive quested it.
plan; (2) Prior to the public meeting where city
council considers the hearing examiner's
(2) It is consisten{i witli all applicable provi- recommendation, a copy .will be sent to
sions of the 'chapter, including those each member of the city council. The di-
adopted by reference frOm the comprehen- rector of community development services
sive plan; shall include a draft resolution that em-
(3) It is consistent with public health, safety, bodies the hearing examiner's recommen-
and welfare; dation with a copy of the recommenda-
(4) It is consistent with design criteria listed tion. . .
in section 20-2; and (Ord. No~ 97-291, § 3, 4~1-97) -- --
(5) It is consistent with the development stan-
dards listed in sections 20-151 through Sec. 20-127. City council re. view, action. '~--~
157, and 20-178 through 20-187. (a) Generally. Following receipt of the final
report and recommendations of the hearing exam~
"(d) Conditions and restrictions. The hearing iner, a date shall be set for a public meeting before
examiner shall include in the written recommen- the city council.
dations any conditions and restrictions that the
examiner determines are reasonably necessary to (b) Scope of review. The city council review of
eliminate or minimize any undesirable effects of the preliminary plat application shall be limited
granting the application, to the record of the hearing before the hearing
examiner, oral comments received during the pub-
(e) Contents. The hearing examiner shall in- lic meeting (so long as those comments do not
clude the following, in t!m. w.rit, ten recommenda? raise'laew issues or information~xxot contained in~' -.~.: .-.
tion to the city council: the examiner's record) and the hearing ex~miner's
(1) A statement of facts presented to the written report. These materials shall be reviewed
hearing examiner that supports Ids or her for compliance with decisional criteria set forth in \.
Sul,p. No. 17 1212
SILVERWOOD
ADJACENT PROPERTY WITHIN 300 FEET
I 44056143260-04 Albert A. & Lei L. Mafltews P.O. Box 4039 Vacant
Federal Way, WA 98063
2 440561-0250-06 Albert A. & Lei L. Mafl~ews P.O. Box 4039 Vacant
Federal Way, WA 98063
3 440560-0130-03 II.R. Goodell 987 Lunmfi Drive Owner Occupied
Fox Island, WA
98333-9619
4 44056043135-08 David A. & Terrilee Bishop 35928 llth Avenue S.W. Owner Occupied
Federal Way, WA 98023-
7235
5 44056143190-09 Kenneth E. & Laura J. Lawson 3.5836 - 10th Ave. S.W. Owner Occupied
Federal Way, WA 98023
6 440561-0180-01 Bill B. & Jacqueline L. Simpson 35844 - 10th Ave. $. Owner Occupied
Federal Way, WA 98023
7 440561-0170433 Jack A. Kotchkoe 918 $.W. 360fl~ Street Owner Occupied
Federal Way, WA 98023
8 440561-0140-O0 David E. Gunderson 35839 - 9th Ave. S.W. Owner Occupied
Federal Way, WA 98023
9 440561-0150437 Dolm R. Joh~LsOn, Jr. 35849 - 9fl~ Avenue S.W. Owner Occupied
Federal Way, WA 98023
10 44056143160-05 Sean B. & Briana K. Vatflueven 35857 - 9fl~ Ave. S.W. Owner Occupied
Federal Way, WA 98023 ~,
11 4405614309042)0 Butko Co~tstruction h~c. P.O. Box 3266 ' Vacant
Federal Way, WA 98063
· 12 44056143080432 Willard F. & Janice F. Sayre 35842 - 9th Ave. S.W. Owner Occupied
Federal Way, WA 98023
13 440561-0070434 Ridtard D. & Shirley A. Wike 35852 - 9th Ave. S.W. Owner Occupied
Federal Way, WA 98023
14 44056143060-06 William G. lloward 804 S.W. 360fl~ Street Owner Occupied
Federal Way, WA 98023
15 44056143270-02 City of Federal Way 33530 First Way Soufl~ Vacant
Federal Way, WA 98003-
6210
16 44056143030-03 David A. & Georgia Radford 37830 - 37th Ave. South Vacant
Auburn, WA 98001
-1- 9280.027 IDMS/sm/ecl
17 440561-(Kg0-01 Norris L. & Patricia A. Ormsby 35831 - 8th Ave. $.W. Owner Occupied
Federal Way, WA 98023
18 440561-0050-08 Norris L. & l'atricia A. Otmsby 35831 - 8th Ave. S.W. Vacant
Federal Way, WA 98023
19 302104-9149-08 Lynn E. McKnight 8401 Soufl~ 113ill Street Vacant
Seattle, WA 98178
20 302104-9160 Lynn McKnight 35833 Sixfl~ Avenue S.W. Vacant
Federal Way, WA 98023
21 302104-9111-02 William & Victoria Goodman 35830 - 8fit Ave. S.W. Owner Occupied
Federal Way, WA 98023
22 302104-9159-05 Kem~efl~ A. & Gall T. Bertram 35828 - 8fl~ Ave. S.W. Owner Occupied
Federal Way, WA 98023
23 302104-9119-04 Vernon D. & lanet M. Moon 35840 - 8fl~ Ave. S.W. Owner Occupied
Federal Way, WA 98023
24 302104-9113 Joseph Princen 36005 Sixth Avenue S.W. Owner Occupied
Federal Way, WA 98023
25 302104-9051 Daniel and Young Lee 8105 - 53rd St. Ct. W. Resident
IJniversity Place, WA 36027 6fl~ Ave. S.W.
98467 F~deral Way, WA 98023
26 302104-9039 Ms. Delores Ross 36107 Sixth Avenue S.W. Owner Occupied
Federal Way, WA 98023
27 302104-9045 Linda McKinnon 21107 S.E. 394th Street Resident
Enumclaw, WA 98022 36205 6th Ave. S.W.
Federal Way, WA 98023
28 302104-9101434 Edwin Rortvedt 36319 - 6fl~ Ave. S.W. Owner Occupied
Federal Way, WA 98023
29 302104-9050-05 Kennit & Patricia Rortvedt P.O. Box 503 Vacant
Elizabeth, LA 70638
30 302104-9053-02 Dennis M. Rees Trustee 36411 - 6th Ave. S.W. Owner Occupied
Federal Way, WA 98023
31 302104-9138-01 John E. & Tracie L. Manolides 36424 - 9th Ave. S.W. Owner Occupied
Federal Way, WA 98023
32 302104-9033-07 Estate of M~tsato Uyeda 2001 East Yesler Way~ Vacant
#47
Seattle, WA 98122
33 218000-0095-04 City of I:ederal Way 33530 - 1st Way $ouflt Vacaut
Federal Way, WA 98003
34 2180004392-02 City of Federal Way 33530 - 1st Way South Vacaut
Federal Way, WA 98003
-2- 9280.027 IDMS/sm/ecl
35 218000-0030-02 City of Federal Way 33530 - 1st Way South Vacant
Federal Way, WA 98003
36 218000-0205-01 City of Federal Way 33530 First Way South Vacant
Federal Way, WA 98003
37 218000-0240-08 City of Federal Way 33530 - 1st Way Soufl~ Vacant
Federal Way, WA 98003
38 218000-0185-05 City of Fcdetal Way 33530 - 1st Way South Vacant
Federal Way, WA 98003
39 218000-0170-02 Ahna M. Bennett 36304 - 13th Ave. S.W. Owner Occupied
Federal Way, WA 98023
40 218000-0400434 Thomas J. & Lucinda S. 36210 - 13th Ave. S.W. Owner Occupied
Wamock Federal Way, WA 98023
41 218000-0360.02 Lionel Negus 1985 Queens Ave. Vacant
West Vancouver BC
II70
CANADA
42 218000-0410-02 Derails K. Pederson 36130 - 13th Ave. S.W. Resident
Federal Way, WA 98023 36120 - 13th Ave. South
Federal Way, WA 98023
43 21800043420-00 Charlene Rials 36120 - 13th Ave. S.W. Owner Occupied
Fcde~al Way, WA 98023
44 21800Oad330-09 Victoria BaEton 318 South O~'cas Vacant
Seattle, WA 98108
45 302104-9098-09 Itarold G. Strand, et al. 604 - 12th S.E. Vacant
Auburn, WA 98002
46 302104-9097-00 Ruby L. Spangler 2687 S.W. 172nd Vacant
Seattle, WA 98166
-3- 9280.027 {DMS/sm/ecl
ROSEWOOD LANE
PARCEL NO OWNEr{
302104-9056 John and Sharon Sahlberg
36008 - 6th Avenue S.W.
Federal Way, WA 98023
302104-9064 Violet Fitchard N/,A I~' ~'~n ~'r-,
302104-9014 John Jurich N/A '~'~'/- i. , ......
36108 - 6th Avenue S.W.
Federal Way, WA 98023
302104-9063 Helen Van Ney Trust N/A
36130 - 6th Avenue S.W.
Federal Way, WA 98023
302104-9077 Thomas Parrish N/A
36206 - 6th Avenue S.W.
Federal Way, WA 98023
302104-9049 Thomas Parrish N/A
36206 - 6th Avenue S.W.
Federal Way, WA 98023
302104-9045 Linda McKinnon Resident
21107 S.E. 394th Street 36205 - 6th Avenue S.W.
Enumclaw, WA 98022 Federal Way, WA 98023
302104-9011 Novastar Development Inc. N/A
18215 - 72nd Avenue South
Kent, WA 98032
302104-9113 Joseph Princen N/A
36005 - 0th Avenue S.W.
Federal Way, WA 98023
302104-9062 Joseph Princen N/A
36005 - 6th Avenue S.W.
Federal Way, WA 98023
302104-9051 Daniel and Young Lee Resident
8105 - 53rd Street Court West 36027 - 0th Avenue South
University Place, WA 98467 Federal Way, WA 98023
302104-9039 Ms. Dolores Ross N/A
36107 - 6th Avenue S.W.
Federal Way, WA 98023
9410.002[DH/ca/ec]
DEPT OF ECOLOGY. WSDOT DNR
ENVIRON REVIEW SECT ENVIRONMENTAL AFFAIRS SEI'A CENTER
PO BOX 47703 PO BOX 47331 PO BOX 47015
OLYMPIA, WA 98504-7703 OLYMPIA WA 98504-7331 OLYMPIA WA 98504-7015
SANDY MOODY OFFICE OF ARCHAEOLOGY &
WA STATE DEPT WILDLIFE
DNR-FORESTILESOURCE DIV HISTORIC PRESERVATION 600 CAPITOL WAY N
PO BOX 47016 PO BOX 48343 OLYMPIA WA 98501-1091
OLYMPIA WA 98504-7016 OLYMPIA WA 98504-8343
TED MULLER
FISIt & WILDLIFE SERVICE US FISH & WILDLIFE SERVICE HABITAT PROGRAM MGR WDFW
ECOLOGICAL SRV DIVISION
510 DESMOND DR SE//102 REGION 4 OFFICE
3204 GRIFFIN SE STE 102
LACEY WA 98503 16018 MILL CREEK BLVD
OLYMPIA WA 98501 MILL CREEK WA 98012
DEPT OF ItEALTIt PUGET SOUND AIR PORT OF TACOMA
AIRDUSTRIAL CENTER BLDG 2 POLLUTION CNTRL AGENCY ENVIRONMENTAL DEPT
PO BOX 47820 110 UNION ST STE 500 PO BOX 1837
OLYMPIA WA 98504-7820 SEAq'TLE WA 98101-2038 TACOMA WA 98401-1837
SEPA RESPONSIBLE OFFICIAL METRO-MS 120
PS REGIONAL COUNCIL KC WASTEWATER TREATMENT ' ENVIR COMPLIANCE DIV ·
GROWTIt MANAGEMENT DEPT ENVIRONMENTAL DIV M/S 81 2t40
1011 WESTERN AVE 11500 821 AVE
821 SECOND AVE SEA'Iq'LE WA 98104
SEATFLE, WA 98 i 04-1040 SEATTLE WA 98104
METRO-MS 120 MARK CAREY SO KING COUNTY
ENVIR COMPLIANCE DIV LAND USE SVC-KCDDES REG WATER AUTHORITY
821 2"r~ AVE 900 OAKESDALE AVE SW 13335 248TM PL
SEAWI'LE WA 98104 RENTON WA 98055-1219 KENT WA 98042
SEATTLE/KING COUNTY GERI WALKER GEO INFO SPEC TRANSPORTATION PLAN SECT
DEPT OF PUBLIC HEALTIt FEDERAL WAY SCHOOL DIST 976 KING CO ADMIN BLDG
! 404 CENTRAL AVE S STE 10 i 31405 18TM AVE S 500 FOURTH AVE
KENT WA 98032 FEDERAL WAY WA 98003 SEATTLE WA 98104
' MUCKLESHOOT INDIAN TRIBE
LAKEHAVEN UTILITY DIST FEDERAL WAY FIRE DEPT
PLANNING DEPARTMENT
PO BOX 4249 31617 IsT AVE S 39015 172tm AVE SE
FEDERAL WAY WA 98063 FEDERAL WAY WA 98003
AUBURN WA 98002
PIERCE CO PLNG & LAND SVCS
PUYALLUP INTERNATIONAL PUYALLUP TRIBE
RESOURCE MANAGEMEN'
3702 MARINE VIEW DR NE 2002 E 28TM ST 2401 S 35TM ST
TACOMA WA 98422 TACOMA WA 98404
TACOMA WA 98409-7460
.'lEI(CE CO PLNG & LAND SVCS CITY OF TACOMA-BLUS JOE ELl'RICH
)EVELOPMENT ENGINEER LAND USE ADMINISTIL&TOR TACOMA WATER DIVISION
~401 S 35TM ST 747 MAKKET ST RM .345 PO BOX 11007
I'ACOMA WA 98409-7460 TACOMA WA 98402-3769 TACOMA WA 98411
I'AT PROUSE
21OMG GIBSON TOWN OF MILTON US WEST
FACOMA PUB LIC UTI LITIES 1000 LAUREL 450 110TM NE RM 409
PO BOX i 1007 MILTON WA 98354
'FACOMA WA 98411-0007 BELLEVUE WA 98004
DENNIS LENSEGRAV FRANK H SWAN MARK FKEELAND
PUGET SOUND ENERGY PUGET SOUND ENERGY WETLANDS OF WEST HYLEBOS
22828 68TM AVE S 3130 S 38TM ST TAC-ANX 5150 SW 326TM PL
KENT WA 98032 TACOMA WA 98409 FEDERAL WAY WA 98023
SEATYLE MASTER BLDRS SAM PACE BARBARA CLEMENTS
DIR-LOCAL GOV'T AFFAIRS SEA/KING CO ASSOC/REALTORS TACOMA NEWS TRIBUNE
2155 i 12TM AVE NE #100 3905 154TM AVE SE 32050 23~ S
BELLEVUE WA 98004 BELLEVUE WA 98006-1747 FEDERAL WAY WA 98003
CIH~ISTY TRUE LEAH ROBINSON
J~-. ~. HOPKINS SEATTLE TIMES FEDERAL WAY NEWS
SEATTLE PI PO BOX 70 32015 Isx AVE S
101 ELLIOTT AVE W SEATTLE WA 9811 l
SEATFLE WA 98121 FEDERAL WAY WA 98003
TAMMY BATEY BRAD BROBERG BELLACARION WOODS HOA
FEDERAL WAY MIICROR SOUTH COUNTY JOURNAL 35204 6TM AVE SW
720 S 333uv ST STE 203 PO BOX 130 FEDERAL WAY WA 98023
FEDERAL WAY WA 98003 KENT WA 98035-0130
D VAN MEERTEN DAVE KAPLAN DAVID M,~ORE
36510 9TM AVE SW 30240 27TM AVE S 358 i7/..IO~'~ AVE SW
FEDERAL WAY WA 98023 FEDERAL WAY WA 98003 FEDERAL WAY WA 98023
ALLEN T MANNING
COLDWELL BANKER/ALL AMER GLEN W FREED ALMA BENNETY
ASSOC 710 SW 358TM ST 36304 131sxAVE SW
622 S 320TM ST FEDERAL WAY, WA 98023 FEDEILttL WAY WA 98023
FEDERAL WAY, WA 98003
ED-WIN D NIX
~c IG VALLEY MOBILE HOME BILL & LIZABETH HOWARD ROY PARKE
P~.,K 804 SW 360TM ST 35414 6TM AVE SW
8393 PACIFIC HWY E FEDERAL WAY, WA 98023 FEDERAL WAY WA 98023
TACOMA WA 98499
i IAROLD STIL&ND JOHN MONOLIDES BJ MOIWERSI-IEAD
604 121sT SE 36522 9TM AVE SW 708 SW 357TM ST
AUBURN WA 98002 FEDEILAL WAY WA 98023 FEDEIL&L WAY WA 98023
CHARLES .I CONNON, JR RON LILLEY STEPItEN SCItULER
35530 6TIt AVE SW 35615 6TM AVE SW 5015 SW 325TM PL
FEDERAL WAY WA 98023 FEDERAL WAY WA 98023 FEDERAL WAY WA 98023
KENNETH LAWSON ALISON NELSON .IN CAMPBELL
35836 !0TM AVE SW 35665 9TM AVE SW 35807 10TM AVE SW
FEDERAL WAY WA 98023 FEDERAL WAY WA 98023 FEDERAL WAY WA 98023
MIKE LACASSE DE GUNDERSON RICItARD BUTKO
35809 9TM AVE SW 35839 9TM AVE SW PO BOX 3266
FEDEILAL WAY WA 98023 FEDEILAL WAY WA 98023 FEDEILAL WAY WA 98063
MARK & CAROL STILES BERT & JANET MADDEN JOItN L SCOTr LAND DEc
30813 8TM AVE SW 35828 10TM AVE SW 3380 146TM PL SE, STE 450
FEDEIL&L WAY WA 98023 FEDEILAL WAY WA 98023 BELLEVUE WA 98007-6472
KEN BERTRAM TERRI POTTER JIM ROBERTS
35828 8TM AVE SW 2702 SW 351s'r ST 9101 NE 41sv
FEDERAL WAY WA 98023 FEDERAL WAY WA 98023 BELLEVUE WA 98004
MICIIAEL W GENDLER
BKICKLIN & GENDLEK LLP, G WAYNE PO'FI'ER CHARLE~NNON
A'I'FORJqEYS AT LAW NOVASTAR DEVELOPMENT 35~.fiTH AVE SW
FOURTll AND PIKE BLDG 18215 72uD AVE S
1424 4TM AVE, STE 1015 .EEDERAL WAY WA 98023
SEATI'LE WA 98101 KENT WA 98032
WILLIAM & VICTORIA GOODMA'
DAVID & DEBBIE MOORE 35830 8TM AVE SW
35817 10TM AVE SW FEDERAL WAY WA 98023
FEDERAL WAY WA 98023
'G WAYNE P~q'ER
SEAN & JEANIE CAMPBELL MARTIN T MALONEY NOVAST~WDEVELOPN
35807 10TM AVE SW 36606 9TM AVE SW 18215/~q~) AVE S
FEDERAL WAY WA 98023 FEDERAL WAY WA 98023 KEqqT WA 98032
K. BERTILa, M & G. GI~.IFFIN JOHN & TIDkCIE MANOLIDES B. JEN JIM
35828 8TM AVE SW 36424 9TM AVE SW 35831 8TM AVE SW
FEDERAL WAY WA 98023 FEDERAL WAY WA 98023 FEDEIC,XL WAY WA 98023
J. KOTCItKOE TI IELMA AUIS LINDA RU'I-FER
918 SW 360TM 8323 PACIFIC ltWY E 36619 6TM AVE SW
FEDERAL WAY WA 98023 TACOMA WA 98421 FEDERAL WAY 'WA 98023
DON NAVES, WDFW
Darlene Van..Meerten
36510 ~%A~e SW 3808 122tat~ E
Fe.~deral Way WA 98023 PUYALLUP WA 98372
§ 20-133 FEDEI~L WAY CITY CODE
the storm drai~mge system to be installed b. Those individuais or corporations
and indemnify the ciBr from claims brought holding an ownership interest in such
by downstream owner8 based on the op- parcel.
eration, failure to operate, improper de-
c. Any lands to be dedicated are in the
sign, or improper construction. _. names of the owners whose signa-
(b) In addition to the above requirements, the tures appear on the dedication cer-
final plat shall be accompanied by the following tificate.
information: d. Any easements or restrictions affect-
(I) A copy of any deeds, covenants, condi- ing the property to be subdivided
tions, or restrictions together with a copy with a description of purpose and
of the documents which establish and referenced by auditor's file number
govern any homeowners' association which and/or recording number.
may be required. (c) Whenever a survey of a proposed sUbdivi-
(2) A statement of approval from the director sion reveals a discrepancy (such as a':--boundary
of public works as to the survey data, hiatus, an overlapping boundary, or a physical
layout of streets, alleys, and other rights- appurtenance), which indicates encroachmen~t, lines
of-way, bridges, and other structures, of possession, or conflict of title, the discrepancy
(3) A statement of approval from the City of shall be noted on the face of the final plat at~d --
Tacoma public utilities department and shall also be disclosed in a title report prepared by
Lakehaven Utility District as to the water a title insurer and issued after the filing of the
system, final plat. The applicant for the plat shall file the .-
(4) A statement 'of approval from the title report with the department of community
Lakehaven Utility District as to the san- development services. The applicant shall be re-
itary sewer syst. em. sponsible for obtaining and paying for the title
report.
(5) Where appropriate, a statement of ap- (Ord. No. 90-41, § 1(16.390.10, 16.390.20), 2-27-
proval from the county department of 90; Ord. No. 97-291, § 3, 4-1-97)
public health as to the on-site sewage
control system. Sec. 20-134. Time limitation for approval or
(6) A complgte survey of the section or sec- disapproval of final plats.
tions in which the plat is located, or as
much thereof as may be necessary' to Final plats shall be approved, disapproved, or _-
returned to the applicant within 30 days'~ the
properly orient the plat within such sec-
tion or sections, date of filing a complete application unless the
applicant consents to an extension of such time
(7) A certification from the proper dfficer or period.
officers in charge of tax collections that all (Ord. No. 97-291, §-3, 4-1-97)
taxes and delinquent assessments for which
the property may be liable as of the date Sec. 20-135. Improvements; completion or
of certification have been duly paid, sat- guarantee.
isfied or discharged. _
(8) A notarized certificate stating that the (a) Prior to apl~roval of the final plat, all sur-
subdivision has been made with the free veying and monumentation must be complete. In
consent, and in accordance with the de- addition, all other required improvements must
be substantially completed with remaining un-
sires of the owner or owners.
completed improvements consisting only of side-
(9) ~A~current(within 30 days) title company, ~. walks, street lighting, landscaping where applica- ,.~- .
certification of: ble, or similar improvements, as determined solely
a. The legal description of the total by the departments of community development
parcel sought to be subdivided, services and public works.
Supp. No. 17 1216
SU IH)IVI$1ON,"; § 20-136
(b) In lieu of tim completion of the remaining (b) The city council, in a public meethxg, shall
construction of required improvements prior to make writton findings that the final plat is in
f'mal plat approval, the applicant may file a per- substantial conformance to the preliminary plat
formance bond or other suitable security in a form and is in conformity with applicable zoning ordi-
approved by the city attorney and in an amount to nantes or other land use controls; that all condi~
be determined by the director of public works tions of the hearing examiner and/or city council
sufficient to guarantee actual construction and have been satisfied; that the public use and inter-
installation of such improvements within six cst shall be served by the establishment of the
m0ntlis-~f £~al-plat' ~bp'r°'v'~l. The'atr~unt'of'the subdivision and dedication by determining if ap-
-secUrity for c0n~pletion sliMl hot be less than 120 propriate provisions are made for, but not lhnited
percent of the estimated cost of such improve- to, the public health, safety, general welfare, open
spaces, drainage ways, streets and roads, alleys,
ments as approved by the public works director, other'ptlbli~"~afs, transit stops, potable water
(c) An agreement mflst be entered into be- supplies, sanitary wastes, parks and recreation,
tween the developer and the city, whereby all playgrounds, schools and schoc;Igrounds and shall
consider all other relevant facts, including side-
remaining improvements shall be completodwithin walks and other planning features that assure
six months of entering into the agreement or the safe walking conditions for students who only._
city. will have the. option of calling the perfor- walk to and from school; that all required improve-
mance' security and completing the improve- ments have been made and maintenance bonds or
ments, other security_for such improvements have been
sub'mitted and accepted; that all taxes and assess-
(d) The restoration bond, assignmentoffunds, ments owing on the property being subdivided
or cash deposft, accepted by the city at the pre- have been paid. If the city council makes such
construction stage, shall be no less than 120 findings, then the plat shall be approved for
percent of the cost of temporary erosion control, recording. Dedication of land to any public body,
and those facilities necessary to stabilize the site. provision of public improvements to serve the
subdivision, and]or impact fees imposed under
(e) PriOr to the acceptance by the city of the RCW 82.02.050 through 82.02.090 may be re-
constructed improvements, the applicant shall quired as a condition of subdivision approval.
file a maintenance bond or other suitable security Dedications shall be clearly shown on the final
in a forfia approved by the city attorney and in an l~lat.' ......................... -
amount to be determined by the director of public
works guaranteeing the repair or replacement of (c) The approved and signed-final plat, to-
any improvement or any landscaping which proves gether with all legal instruments pertaining thereto~
defective or fails to survive wi.thin a minimum as required herein, shall be recorded in the county-'
two-year time period after final acceptance of the' department of election~ and records by the city.
improvements or landscaping. Said maintenance One reproducible copy shall be furnished to the
bond shall be no less than 30 percent of the city. One paper copy shall be filed with the county
estimated cost of all improvements, assessor. All fees for such recording shall be paid
(Ord. No. 90-41, § 1(16.400.10--16.400.30), 2-27- .by the applicant. Acopy of the do. cuments stamped
90; Ord. No. 97-291, § 3, 4-1-97) with the recording number slmll be forwarded to-
.. the county department of assessments for assess-
ment purposes. Final plats shall be recorded
Sec. 20-136. Approval and filing, consistent with RCW clx. 58.09.
(a) Following approval of the construction of (d) Any lots within a final plat filed for record
required improvements,'and/or appropriate bond- shall be a valid land use not withstanding any,,
ing pursuant to this section, the director of com- change in zoning laws fo~ a period of five years
munity development services shall forward the from the date of fi'ling. A subdivision shall be
final plat to the city council for approval, governed by the terms of approval of the final
St, pp. No. 17 1217
SUBDIVISIONS § 20-5
(2) Divisions made by testamentary provi- imt)osed by any other provisions of this chapter or
sions, or the laws of descent; ofm~y other applicable law, ordinance, resolution,
(3) Divisions of land into lots or tracts classi- rule or regulation of any kind, the regulations
fled for industrial or commercial use when which are more restrictive and i~npose lfig_h.er
the city has approved a binding site plm~ standards or.requirexnents shall govern.
for the use of the land; (Ord. No. 90-41, § 1(16.450.10, 16.450.20), 2-27-
90; Ord. No. 97-291, § 3, 4-1-97)
(4) Division for the purpose of lease when no
residential structure other than mobile
homes or travel trailers are permitted to Sec. 20-5. Violations, enforcement and pen-
be placed upon the land when the city has alties.
approved a binding site plan for the use of
the land; (a) Any person or any agent thereof who di-
vides land into lots, tracts, or parcels of land and
(5) Division made for the purpose of alter- sells or transfers, or offers or advertises for sale or-
ation by adjusting boundary lines be- transfer, any such lot, tract or parcel without
tween platted or unplatted lots or both, having a final plat, short plat, boundary line
which does not create any additional lot, adjustment, or binding site plan filed for record,
tract, parcel, site, or division nor create or who otherwise violates or fails to comply with-
any lot, tract, parcel, site, or division any' of the provisions of this chapter, or any
which contains insufficient area and di- amendment thereto, shall be guilty of a gross
mension to meet minimum requirements misdemeanor pmfishable by a fine of not more.
for width and area for a building site; This than $5,000.00 for each offense. Each such '~ale,
shall not apply to "Alterations of plats" as offer for sale, lease or transfer of each separate
provided for in FWCC, Division 8; lot, tract or parcel of land shall be deemed a
(6) Division of land into lots or tracts if: (a) separate and distinct offense; provided, however,
Such division is a result of subjecting a an offer or agreement to sell, lease, or otherwise
portion of a parcel or tract of land to transfer a lot, tract or parcel of land following
either chapter 64.32 (Horizontal Regimes preliminary plat approval shall not be deemed in
Act) or 64.34 RCW (Condominium Act) violation of this chapter if performance of the
subsequent to the recording of a binding offer or agreement is expressly conditioned on the
"site plan for all such land; recording of the final plat containing the lot, tract
or parcel. All pa. yments on account, of an offer
(7) Divisions of land due to condemnation or
agreement conditioned as provid~-d in this section
sale under threat thereof, by an agency or shall be deposited in an escrow or other regulated
division of government vested with the
power of condenmation; trust account and no-disbursement to the seller
shall be permitted until the final plat is recorded~
(8) Divisions or acquisition of land for public
right of way. (b) Whenever land within a subdivision granted'
(Ord. No. 97-291, § 3, 4-1-97) final approval is used in a manner or for a'
Sec. 20-4. Interpretation; conflict, purpose which violates any provision of this chap-
ter, any Provision of the local subdivision regula-
(a) In their interpretation and application, the tions, or any term or condition of lp~ appro~9~al
provisions of this chapter shall be held to be the prescribed for the plat by the local government,
minimu~n requirements. More stringent provi- then the prosecuting attorney, or the attorney
sions may be required if it is demonstrated that general if the prosecuting attorney shall fail to
different standards are necessary to promote the act, may commence an action to restrain and
public health, safety and welfare, enjoin' such use and compel compliance with the
(b) Where the conditions imposed by any pro- provisions of this chapter or the local regulations,
visions of this chapter are either more restrictive or with such terms or conditions. The costs of such
or less restrictive than comparable conditions action may be taxed against thc violator.
Supp. No. 17 1189
§ 20-5 FEDEIL&L WAY CITY CODE
(c) Any persou who violates m~y court order or Sees. 20-7--20-20. kq~eserved.
injunction issued pursuant to this chapter shall
be subject to a fine of ,wt more than $5,000.00 or ARTICLE II. PLATS*
imprisonment for ,wt more than 90 days or both.
DIVISION 1. GENERALLY --
(d) No building permit, septic tank per,nit, or
other development per,nit, shall be issued for any Sec. 20-21. Preapplieation conference.
lot, tract, or parcel of land divided in violation of For the purpose of expediting applications and
this chapter or local regulations adopted pursu- reducing subdivision and site plan design and
ant thereto unless the authority authorized to development costs, a preapplication conference is
issue such permit i'mds that the public interest required for all preliminary plats. The developer
will not be adversely affected thereby. The prohi- may request a preapPlication conference for short
bition contained in this section shall not apply to plats and binding site plans. Preapplicatioa con-
an innocent purchaser for value without actual ferences are conducted in accordance with the-
notice. All purchasers' or transferees' property- following requirements: '-
shall comply with provisions of this chapter and
(1) The director or designated staff member
each purchaser or transferee may recover his or
her damages from any person, ruin, corporation, shall schedule a preapplication confer-
or agent selling or transferring land in violation of ence. The preapplication conference shall
allow the applicant to meet with appro-
this chapter or local regulations adopted pursu-
ant thereto, including any amount reasonably priate representatives of city depart-
spent as a result of inability to obtain any devel- merits and other agencies.
opment permit and spent to conform to the re- (2) Applicants seeking a preapplication con- --
quirements of this chapter as well as cost of ference shall submit information describ-
investigation, suit and reasonable attorneys' fees lng the site, location, topography of the
U
occasioned thereby. Such purchaser or tran.~feree site, and a general concept plan indicat-
may as an alternative to conforming.his.property ing the layout of streets and lots. Infor-
to these requirements, rescind the sale, or trans- marion relating to the location and size of
fer and recover costs of investigation, suit and utilities shall also be provided. This infor-
reasonable attorneys' fees occasioned thereby, marion shall be provided at least 20 work-
lng days prior to the preapplication con-
(e) The city/-through its authorized agents, ference.
may commence an action to restrain and enjoin (3) Abriefwrittens-mmaryoftheprea_pplica- _-
violations of this chapter, or of any term or tion conference (checkl/sts may be substi-
condition of plat approval prescribed by the city,
and compel compliance with the provisions of this tuted) shall be provided by the director or
chapter, or with such terms or conditions, as designated staff member following the "~-~'
provided in this section. The costs of such action preapplication conference.
may be taxed a§nln~t the violator. (4) The applicant may be charged reasonable
(Ord. No. 90-41, § 1(16.460.10, 16.460.20), 2-27- fees for a preapplication conference.
90; Ord. No. 97-291, § 3, 4-1-97) (5) The preapplication conference is advisory
only and neither the proponent .nor the '-
Sec. 20-6. Vertical dat, m. technical staff shall be bound by any
determinations made therein.
Where topography is required to be shown, the (Ord. No. 90-41, § 1(16.40), 2-27-90; Ord. No.
land survey data must be based on the National 97-291, § 3, 4-1-97)
Geodetic .Vertical Datum (NGVD-29); NGVD-29
., · *Cross reference--Authority to adopt rules and regul/~-
datum information is on file with the~city public tions regarding procedures to assure building regulations are
works department, reviewed as part of this process. § 5-37. ' ['
(Ord. No. 97-291, § 3, 4-1-97) State law reference--Subdivision plats, RCW dL 58.17.
Supp. No. 17 1190
NJ CO.,INC.
-!
July 20, 2000
Thomas A. Barghatts~ P. E., Prcsidealt -
Novastar Dc-velopment, htc.
18215-72'a Avenue
It-cat, Washington 98032 '
RE: Propo.t, cd Construction in Tract '~A," Bellacadno Woeds/Fede~al Way
Dear Mr. Bargtmusem
NJ Laud Company, Inc. CNF') is the owner of Tract "A" in Beilacarbto Woods, wlfich currently functions as a
stormwatcr colloction facility for Bellacarino Woods and other offsite propeaies. We und~ and acknowledge
that Novastor Dcvclopment, Inc. ONovaslar') is requ~-ting approval from NJ' to excavate within Tract "A" for tho
puqx~se of providing compensaHng $t.o~age volume., in¢!._u~, g related water quality improvements timt may
required by the City of Federal Way wtth respect tn Novas/2r s projects of $ilvexwood and Rosewood Lane. Trac,
"A" is ill the laroc~s ofb.eing dedicated [o the City of Fedenil Way per tile City's requiremenL~.
NJ has no objection to Novastar's proposal, as generally depicted on tile plans you have submitted [o flu: City of
Fcdczal Way. Morcover, NJ is willing to grant ]tour request with the understanding Novastar wile ti) be responsible
to acquire the necessary construction pcmdts from the City of Federal Way prior to starting work; and (ii) bear ali
costs of such work.
NJ understands aztd acknowledges flint rite final plans may be modified to reflect changes ue~ to meet Otc
City's rcquircmemts based on conditions of preliminary plat approval. NJ will .sign a construction authorization,
access ~ment, or otiter documemtadoa that may b~ required by fl~e City of Federal Way for Novastar to ob~nln
approval of its projcct~ and complete ate work. Tiffs letter is intended to confirm NJ-'s agrcemcut to COOl, rate xvltl~
Novastar as outlined above to enable Novastar to accomplish rise work proposexi witldn Tract
Pleas.¢ advis~ NJ when you need further documen~afio~L
· ,,._~..___~_~{_... '"
~3r~g A. Ncwl--l~ll,~residc~t
NI Land Dcv¢lopmcnt Co..
E'XHIBIT._ . [2_
PAGE [ oF." ,
TnT~I P R2 /
Amendme,~ts !o Silverxvood / Rosexvood Staff Reports
Conclusion II.
Development of the site will create additional runoff fi'om new impervious surfaces such as
streets, driveways, and rooftops. Storm drainage facilities are being designed in accordance with
the 1998 KCSWDM and the city's amendments to the manual. The applicant's preliminary storm
drainage TlR by Barghausen Consulting Engineers, Inc., revised December 1999, (Exhibit RS-6)
was reviewed and accepted by the city's Public Works Department.
The preliminary design proposes to collect and convey water through a series of pipes and catch
basins into a storm drainage combinatiou wetpond/detention facility located near the northeast
corner of the Silvenvood site. The stom~ drainage runoffdischarges from the Silverwood
wetpond/detention facility to an existing downstream closed depression located iu Bellacarino
Woods Tract "A". The applicant is proposing to over-excavate the pond in Bellacarino Woods
Tract "A" iu order to compensate for the increased runoff volmne from the Silverwood project.
Alternatively, the applicant has indicated that it' may also propose to over-excavate additional
property the applicant recently acquired adiacent to Bellacarino Woods Tract A and within the
closed depression or, in lieu of over-excavation, utilize the City's SW 356ta Regional Detention
Facility proposed for the closed depression if the Facility is implemented prior to the applicant's
construction of Silverwood plat improve~nents.
The city has identified downstream conveyance problems associated with stormwater'runoff.
Due to these downstream problems, the applicant is proposing to modify downstream drainage
facilities. The storm drainage improvements necessary for this project are analyzed in the HSPF
Hydrologic Analysis of the StY 35~h Street Closed Depression, by Northwest Hydraulic
Consultants, February 1998, as supplemented by NHC's July-August 2000 analysis and revised
storm drainage plans. Alternatively, the City's proposed SW 356t~ Regional Detention Facility
would also be sufficient to acco~nmodate the stom~water runoff from the Silverwood plat.
In conjunction with off-site improvements, either in the form of over-excavation or the City's
establishment of a regional detention facility, storm drainage facilities are adequate to serve the
proposed development. Selection ora plan for over-excavation, or use of the regional detention
facility, will occur at the time of final review and approval of the stormwater engineering plau,
in conjunction with full drainage review.
Recommendation
1. Final plat approval shall require full compliance with drainage provisions set
forth in the FWCC. Compliance may result in reducing the number and/or
location of lots as shown on the preliminary approved plat.
D. The off-site Bellacarino Tract A or other over-excavation shall be designed
and constructed in accordauce with the KCSWDM to accommodate the
additional runoff volume from the Silverwood development. Alternatively, the
applicant may utilize the City's proposed SW 356t~' Regional Detention Facility,
if established prior to the applicant's construction of Silverwood plat
improvements and if use of the Regional Detention Facility is approved by the
Public Works Director.
MEETING DATE: November 21, 2000 ITEM#
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: ROSEWOOD LANE PRELIMINARY PLAT APPLICATION
CATEGORY: BUDGET IMPACT: N/A
CONSENT X RESOLUTION Amount Budgeted: $
ORDINANCE __ STAFF REPORT Expenditure Amt: $
BUSINESS ~ PROCLAMATION Contingency Reqd: $
HEARING STUDY SESSION
FYI OTHER
ATTACHMENTS: Draft City Council resolution for adoption of the Rosewood Lane preliminary plat;
staff memo to City Council Land Use/Transportation Committee dated October 31, 2000; Hearing
Examiner Report and Recommendation dated October 9, 2000. All written public correspondence received
on the application is attached to the Silverwood preliminary plat packet as the Rosewood Lane project
abuts the proposed Silverwood preliminary plat and most public comments received pertain to both
preliminary plat applications. A notebook including all exhibits from the staff report to the Hearing
Examiner is located in the City Council office.
SUMMARY/BACKGROUND: Request for preliminary plat approval for a 9-lot residential subdivision
pursuant to Federal Way City Code (FWCC) Chapter 20 (Subdivisions). The proposed Rosewood Lane
preliminary plat is located along the west side of 6th Avenue SW at approximately the 36100 block.
CITY COUNCIL COMMITTEE RECOMMENDATION: On November 6, 2000, the Land Use/
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.
CITY MANAGER RECOMMENDATION: Motion to approve resolution for adoption of the
Rosewood Lane preliminary plat application.
APPROVED FOR INCLUSION IN COUNCIL PACKET.'~~/X~
(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 #
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE PRELIMINARYPLAT OF ROSEWOOD LANE,
FEDERAL WAY FILE NO. SUB98-0004.
WHEREAS, the applicant Novastar Development Inc., applied to the City of Federal Way for
preliminary plat approval to sul~divide certain real property known as Rosewood Lane and consistingof4.71
acres into nine (9) single family residential lots located along the west side of 6a Avenue SW at
approximately the 3610 Block; and
· WHEREAS, on February 17, 2000, an Environmental Mitigated Determination of
Nonsignificance (MDNS) was issued by the Director of Federal Way's Department of Community
Development Services pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C; and
WHEREAS, on March 17, 2000, Charles Connon and Bernard Mottershead filed an appeal of
the SEPA environmental mitigated determination of nonsignificance; and
WHEREAS, on March 20, 2000, Michael Gendler on behalf of Roy Parke filed an appeal of
the SEPA environmental mitigated determination of nonsignificance; and
WHEREAS, on September 20, 2000, Michael Gdndler on behalf of Roy Parke withdrew the
appeal of the SEPA environmental mitigated determination of nonsignificance; and
WHEREAS, pursuant to Federal Way City Code Section 20-115, the S EPA appeal hearing and
preliminary plat application open record hearing shall be held simultaneously; and
WHEREAS, at the applicants request, the Federal Way Land Use Hearing Examiner on
August 4, 2000, continued the public hearing until September 25, 2000, concerning the Rosewood Lane
preliminary plat and the SEPA appeal; and
EXHIBIT
RES # , PAGE I
WHEREAS, following the conclusion of said hearing on October 9, 2000, the Federal Way
Land Use Hearing Examiner issued a written Report and Recommendation containing findings, conclusions
and recommending approval of the preliminaryplat of Rosewood Lane subject to conditions set forth therein;
and
WHEREAS, following the conclusion of said hearing, on October 9, 2000, the Federal Way
Hearing Examiner issued a written Report and Decision containing findings and conclusions denying the
SEPA environmental appeal of Charles Connon and Bernard Mottershead; and
WHEREAS, no appeal of the Hearing Examiner decision on the SEPA environmental appeal
was filed, and the SEPA appeal period expired on October 23, 2000, and
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 November 21, 2000, the City Council considered the written record and the
Report and Recommendation of the Hearing Examiner on the Rosewood Lane preliminary plat, 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.
I. 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.
RES # , PAGE 2
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, transit stops, potable water supplies, sanitary
waste, parks and recreation, play grounds, schools and schools 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.
3. The public use and interest will be served by the preliminary plat approval granted
herein.
Section 2. Application Approval. Based upon the recommendationofthe Federal Way Land
Use Hearing Examiner and findings and conclusions contained therein as adopted by the City Council
immediately above, the preliminary plat of Rosewood Lane, Federal Way File No. SUB98-0004 is hereby
approved, subject to conditions as contained in the Recommendation of the Federal Way Land Use Hearing
Examiner dated October 9, 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 havingjurisdictionover 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.
RES # , PAGE 3
Section 4. Severabilitv. If any section, sentence, clause, or phrase of this resolutionshould be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
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 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, 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.
L:~CS~Sav¢\91765915.DOC
RES # , PAGE 4
CITY OF FEDERAL WAY
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
MEMORANDUM
TO: City Council Land Use and Transportation Committee
Phil Watkins, ;hair
FROM: Jim Harr >r Planner
VIA: David Mos. o~ ~~Xager
RE: Preliminary Plat of Rosewood Lane
Application No. SUB98-0004 (Related File No. SEP98-0036)
Date: October 31, 2000
I. STAFF RECOMMENDATION
Staff recommends the Land Use and Transportation Committee forward to the City Council a
recommendation approving the Rosewood Lane preliminary plat with conditions, based on the
findings and conclusions in the October 9, 2000, Hearing Examiner Report.
II. SUMMARY OF APPLICATION
The applicant requests approval of a nine-lot residential subdivision, as provided for under Federal
Way City Code (FWCC) Chapter 20, "Subdivisions," subject to City Council approval.
III. 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 for review
and recommendation prior to review by the full Council.
IV. HEARING EXAMINER'S RECOMMENDATION
On October 9, 2000, the Federal Way Hearing Examiner issued a report and recommendation
(enclosed) to approve the proposed preliminary plat. The Hearing Examiner's recommendation
includes conditions as recommended by staff. The Examiner's recommendation was issued
following consideration of a staff report (enclosed) and testimony presented at a September 25,
2000, public hearing subject to the following conditions:
City Council Land Use and Transportation Committee
Preliminary Plat of Rosewood Lane
Page 2
October 31, 2000
1. Final plat approval shall require full compliance with drainage provisions set forth in the
FWCC. Compliance may result in reducing the number and/or location of lots as shown on the
preliminary approved plat.
A. Drainage plans and analysis shall comply with the 1998 King County Surface Water
Design Manual (KCSWDM) and amendments adopted by the City of Federal Way. City
of Federal Way approval of the drainage and roadway plans is required prior to any
construction.
B. The runoff control facilities are constructed on-site, and the plat layout revised, they shall
be located in a separate tract, landscaped to allow for maintenance and dedicated to the
City. Locating the drainage on-site may require re-review of the preliminary plat
application, and may trigger a new preliminary plat application.
C. Stormwater quality treatment shall be provided using the basic water quality menu
options of the 1998 KCSWDM, as amended by the City of Federal Way. Eighth Avenue
SW and SW 360~ Street shall be retro fitted to provide water quality in accordance with
the FWCC.
D. The off-site Bellacarino Tract A, or other over-excavation, shall be designed and
constructed in accordance with the KCSWDM to accommodate the additional runoff
volume from the Rosewood development. Alternatively, the applicant may utilize the
City's proposed SW 356~ Regional Detention Facility, if established prior to the
applicant's construction of Rosewood plat improvements and if the use of the Regional
Detention Facility is approved by the Public Works Director.
E. The applicant has voluntarily proposed and preliminarily designed the Silverwood Tract
A storm drainage pond to accommodate the Rosewood Lane preliminary plat.
F. The Bellacarino Woods Pond shall be fenced with a six-foot chain link fence (black,
vinyl-coated) Type 1, and landscaped.
2. The applicant shall be required to construct all storm drainage improvements necessary to
mitigate all identified conveyance problems that are impacted by the Rosewood Lane plat,
whether existing at the time of preliminary plat approval or resulting from the plat's
development, as identified during engineering plan review, as required by the Public Works
Director. Engineering approval shall not be granted if it is determined that proposed mitigation
is not adequate to address the impacts of the project.
3. Prior to issuance of construction permits, a final landscape plan, prepared by a licensed
landscape architect, shall be submitted to the City for approval, and shall include the following
elements:
City Council Land Use and Transportation Committee
Preliminary Plat of Rosewood Lane
Page 3
October 31, 2000
A. Street trees in the right-of-way landscape planter strips; and
B. Tree preservation plan.
4. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS),
as amended by the City of Federal Way for this project, including the following requirements:
A. Sixth Avenue S.W along the frontage of the project shall be improved as a Minor
Collector, half-street improvement. Improvements can be accommodated within the
existing 60-foot right-of-way. The existing pavement shall be extended to provide 18 feet
of width from the existing centerline of the right-of-way, and improved with a vertical
curb and gutter, four-foot planter strip, street trees, streetlights, and six-foot wide
sidewalk and appropriate transitioning tapers at each end.
B. SW 361st Street shall be improved as a local street, which includes 52-foot wide right of
way and 28-foot pavement width. Vertical curb and gutter, four-foot planter strips, and
five-foot wide sidewalks shall be provided on both sides of the street. Streetlights and
street trees shall also be provided.
C. 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.
5. Clearing for the construction of the plat improvements shall be generally consistent with the
clearing limits depicted on the Preliminary Utility, Clearing, and Grading, Sheet 2 of 2, that
was prepared by the applicant for the preliminary plat process. The clearing limits referenced
above are the approximate clearing limits necessary for road and utility installation and may be
modified with the approval of the Community Development Services and Public Works
Departments during final engineering plan review as required to reflect changes in road and
utility designs, if any. Any clearing and grading necessary for lot development will be done at
the time of house construction on the lots.
V. PROCEDURAL SUMMARY
September 1, 1998 Date of application for Rosewood Lane 9- lot subdivision.
October 30, 1998 Date application determined complete.
November 4, 1998 Notice of application issued.
February 17, 2000 Environmental determination issued.
City Council Land Use and Transportation Committee
Preliminary Plat of Rosewood Lane
Page 4
October 31, 2000
March 17, 2000 Environmental determination appeal submitted by Charles Connon and
Bernard Mottershead as co-appellants.
March 20, 2000 Environmental determination appeal submitted by Michael Gendler,
representing Roy Parke.
July 17, 2000 Notice of August 7, 2000, Public Hearing issued on preliminary plat review
and. environmental appeal.
August 4, 2000 Hearing Examiner continues Public Hearing until September 25, 2000, at
applicants request.
September 20, 2000 Michael Gendler on behalf of Roy Parke withdrew environmental appeal.
September 25, 2000 Hearing Examiner Public Hearing.
(Pursuant to FWCC Section 22-126, the Hearing Examiner issues a
recommendation to the City Council.)
October 9, 2000 Hearing Examiner issues recommendation of conditional approval of
preliminary plat to the City Council and denies environmental appeal.
November 6, 2000 City Council Land Use and Transportation Committee meeting.
(This committee forwards a recommendation to the full Council for a
decision at a public meeting [see Section VII, below].)
VI. DECISIONAL CRITERIA
Pursuant to FWCC Section 20-127, the scope of City Council review is limited to the record of the
Hearing Examiner public hearing; oral comments received at the public meeting (provided these do
not raise new issues or information not contained in the Examiner's record); and the Examiner's
report. These materials shall be reviewed for compliance with decisional criteria set forth in FWCC
Section 20-126(c), as noted below:
1. Consistency with the Federal Way Comprehensive Plan;
2. Consistency with all applicable provisions of the Federal Way City Code, including those
adopted by reference from the comprehensive plan;
3. Consistency with the public health, safety, and welfare;
4. Consistency with the design criteria listed in section 20-2; and
City Council Land Use and Transportation Committee
Preliminary Plat of Rosewood Lane
Page 5
October 31, 2000
5. Consistency with the development standards listed in sections 20-151 through 157, and 20-178
through 20-187.
Findings for determining that the application is consistent with these decisional criteria are set forth
on pages 3-8, of the Hearing Examiner's report and recommendation.
VII. COUNCIL ACTION
By action approved by a majority of the total City Council, and pursuant to FWCC Section 20-
127(c), the City Council may, after considering the Hearing Examiner's recommendation, adopt or
reject the recommendation; and may require or approve a minor modification to the preliminary
plat, pursuant to FWCC Section 20-127(d). Enclosed is a draft resolution recommending approval
of the proposed application as recommended by the Hearing Examiner. Subject to a
recommendation by the Land Use and Transportation Committee, this resolution will be included in
the November 21, 2000, City Council agenda packet.
EXHIBITS
A. HEARING EXAMINER REPORT AND RECOMMENDATION, OCTOBER 9, 2000
B. STAFF REPORT TO HEARING EXAMINER, AUGUST 7, 2000*
C. CITY COUNCIL DRAFT RESOLUTION FOR PRELIMINARY PLAT APPROVAL
* Note: Not all copies of staff reports include all exhibits as listed. A full packet including all exhibits to the Hearing
Examiner is located in the City Council office.
L :\CSD(~S~SAVE\91741507 .DOC
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF: )
) FWHE# 00-12
PRELIMINARY PLAT OF ROSEWOOD LANE ) SUB98-0004
)
)
PROCESS IV )
)
I. SUMMARY OF APPLICATION
The applicant requests preliminary plat approval to allow a 9 lot residential lot cluster
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: September 25, 2000
Decision Date: October 9, 2000
At the hearing the following presented testimony and evidence:
1. Jim Harris, Senior Planner, City of Federal Way
2. Cary Roe, Director of Public Works, City of Federal Way
3. Bob Sterbank, Deputy City Attorney, City of Federal Way
4. Tom Barghausen, applicant, Nova Star Development, Inc., 18215 72® Ave.
South, Kent, WA 98032
5. Terry Brink, attorney for applicant, P.O. Box 1157, Tacoma, WA 98401
6. Charles Connon, appellant, 35530 6'" Ave. SW, Federal Way, WA 98023
7. Bernard Mottershead, appellant, 708 SW 357'~ St., Federal Way, WA 98023
8. Ronald Lilley, 35615 6t" Ave. SW, Federal Way, WA 98023
9. Patricia Owen, 926 SW 356'" St., Federal Way, WA 98023
10. Michael Rutter, 36619 6~ Ave. SW, Federal Way, WA 98023
11. David Moore, 35817 10~ Ave. SW, Federal Way, WA 98023
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1. Staff Report with all attachments
2. Rosewood Lane Staff Report and attachments
3. Environmental Appeals
4. Power Point Presentation
5. Letter from John Davis
6. Letter from Alma Bennett
7. Revised conditions
8. Letter from Ray Parke withdrawing appeal
9. HSPF Analysis dated 8-3-00 (revision)
10. Poster board of SW 356~ storm water facility
11. Terry Brink's Letter Memorandum
12. Letter from David Kaplan
13. Drawings for Silverwood submitted by Terry Brink
14. Drawings for Rosewood Land submitted by Terry Brink
15. Letter from Department of Fish and Wildlife dated December 2, 1999
16. Charles Connon's comments
17. Photos submitted by Barghausen Engineering
18. Wide angle photo submitted by Bernard Mottershed
19. Large photos submitted by Barghausen Engineering
20. Petition submitted by Michael Rutter
21. Bernard Mottershead's supplemental submission
22. Exhibit showing pipe under 356t~ St.
23. Document - Affidavit of Distribution
24. Sign Installation Certificate
25. Document Affidavit - September
26. Page 1-57 of the 1998 Surface Water Manual
27. Page 1-35 of the 1998 Surface Water Manual
28. Public Notice (yellow sheet) published on City Hall doors
III. FINDINGS
1. The Headng 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. A Mitigated Environmental Determination of Nonsignificance (MDNS) was issued
by the City of Federal Way for the proposed action on February 17, 2000. This
determination was based on review of information in the project file, including the
environmental checklist and final staff evaluation of the SEPA checklist, resulting
in the conclusion that the proposal would not result in probable significant adverse
impacts on the environment, provided the applicant complies with the mitigation
measures in the MDNS. The City received two timely appeals of the SEPA MDNS.
Pursuant to FWCC Section 20-115, the SEPA appeal headng and preliminary plat
application were held simultaneously.
' 4. All appropriate notices were delivered in accordance with the requirements of the
Federal Way City Code (FWCC). While the environmental appellants challenged
the notice, exhibits in the record establish that the City propedy published, posted,
3
and mailed notice of the hearing originally scheduled in August in the month of July.
Following the Examiner's continuance of the hearing based upon the applicant's
request, the City posted a notice on the doors of City Hall advising of the
continuance and setting forth the new hearing date and time. The City also mailed
a new notice of the time and date of hearing to all property owners within 300 feet
of the site and to parties of record.
5. The applicant has a possessory ownership interest in a rectangular, 4.71 acre parcel
of property abutting the west side of 6"' Ave. SW, south of its intersection with S.
356"' St. within the City of Federal Way. The parcel abuts 6~ Ave. for a distance of
328 feet and is 625 feet in depth. The applicant requests preliminary plat approval
to allow subdivisiorf of the site into nine single family residential lots with a minimum
lot size of 17,955 square feet, a maximum lot size of 20,471 square feet, and an
average lot size of 19,124 square feet. Access to all lots will be provided by a new
road extending between 6"' Ave. and the west property line. The road will be
extended west into the proposed preliminary plat of Silverwood.
6. The proposed preliminary plat is consistent with the Federal Way Comprehensive
Plan which designates the site and parcels to the north, south, and east as Medium
Density Single Family. The comprehensive plan designates parcels to the west as
Single Family High Density. Surrounding uses include vacant parcels and single
family dwellings on larger lots.
7. The applicant submitted an application for preliminary plat approval on October 6,
1998, and the City deemed the application complete on November 3, 1998.
8. While environmental appeals were filed challenging the issuance of the MDNS for
Rosewood Lane, and while significant storm water issues were raised, the concerns
were directed to the much larger Silverwood plat to the west and are discussed
more thoroughly in the report and decision addressing said plat.
9. Conditions of approval require the applicant to construct storm drainage facilities in
accordance with the 1998 King County Surfacewater Design Manual (KCSWDM)
and City's amendments thereto. The City Public Works Department has reviewed
the applicant's preliminary storm drainage Technical Information Report (TlR)which
proposes to collect and convey water through a series of pipes and catch basins
into a storm water facility located at the northeast corner of the Silverwood plat.
Storm water will discharge from said pond through a natural drainage swale to a
closed depression located in Tract A of the Bellacarino Woods subdivision. The
applicant has obtained permission from the owner of Tract A to overexcavate the
pond to accommodate the Rosewood Lane storm drainage. The applicant has
acquired properly adjacent to Tract A and may also excavate said property to
accommodate the increased storm water runoff from both Silverwood and
Rosewood Lane.
10. The AIderwood gravelly sandy loam soils underlying the site are capable of
supporting urban development and exhibit slow runoff and slight erosion hazards.
The topography of the site includes a minor rise from north to south, but no steep
slopes or other geologically hazardous areas. The heavily wooded site supports
primarily second growth forest consisting of conifer and broad leaf trees with a
dense understory of native shrubs. The applicant proposes to clear vegetation
necessary to allow road and utility construction.
11. Terra Associates, Inc., a qualified wetlands expert, determined that wetlands do not
exist on the site or.within 100 feet of the site, and the City's wetland consultant
agreed with the reports. Terra Associates, Inc., also conducted a series of wildlife
and habitat evaluations and determined that no pdodty wildlife species reside on the
site. The State Department of Fish and Wildlife (DFW) Priority Habitat and Species
Map shows no record of threatened, endangered, or sensitive species of wildlife
within two miles of the site. However, concerns were raised by a nearby property
owner regarding the possibility of a red tailed hawk nest on the site and the
elimination of its foraging area. DFW responded to the concern in a letter dated
December 2, 1999, (Exhibit "15") pointing out that the red tailed hawk is not a
recognized priority species and that the active nest is on neither the Rosewood
Lane or Silverwood parcels. The City and the applicant also determined that if
endangered salmon are present in the Hylebos watershed, the development of
Rosewood Lane will not create adverse impacts.
12. The preliminary plat map reflects no open space tracts and the applicant has
proposed to pay a fee in lieu of providing an on-site recreation area in accordance
with the requirements of the FWCC.
13. The applicant will provide full street improvements for the internal plat road which
will bisect the site from east to west and provide access to the Silverwood plat.
Street improvements will include five foot wide sidewalks on both sides of the street,
curbs, gutters, landscaping, and streetlights, all within a 52 foot wide right-of-way.
The applicant will also make half street improvements along 6t~ Ave. across the plat
frontage, and provide a walking path and two, 12 foot wide travel lanes from the
internal plat road to SW 356~ St.
14. School aged children residing in the plat will attend Enterprise Elementary, Illahee
Junior High, and Federal Way High School. The Federal Way School District will
bus elementary and senior high school students from the development, but junior
high students will walk to Illahee Junior High. On-site sidewalks and off-site
shoulder improvements to 6th Ave. will ensure safe walking conditions for students
from the plat to school. The applicant must comply with the City School Impact Fee
5
Ordinance and make a per lot payment of $2,383 to the district.
15. Parks and open spaces in the area include the City's undeveloped SW 363fu open
space park which includes a wetland and is intended for passive recreation. The
proposed BPA Phase 3 recreational trail is approximately one-half to three-quarters
of a mile north and west of the site. As previously found, the applicant will pay a fee
in lieu of providing on-site open space.
16. The Lakehaven Utility District will provide both potable water and fire flow to the site
as evidenced by a September 3, 1998, certificate of water availability. The water
system will loop through the proposed adjacent Silverwood plat and will be
extended pursuant to a developer extension agreement.
17. The Lakehaven Utility District has also issued a certificate of sewer availability and
sanitary sewers will be extended to the site in accordance with a developer
extension agreement. The applicant will extend sewer lines from 356th St. to the
Rosewood Lane and Silverwood plats.
18. Prior to obtaining preliminary plat approval the applicant must show that the request
satisfies the decisional criteria set forth in Section 20-126(c) FWCC. Findings on
each criteria are hereby made as follows:
A. As previously found, the applicant has shown that the proposed plat complies
with the City comprehensive plan which designates the site as Medium
Density Single Family.
B. The project complies with all applicable provisions of the FWCC including
those adopted by reference from the comprehensive plan. Such includes
Chapter 18, Environmental Policy; Chapter 20, Subdivision; and Chapter 22,
Zoning. Future development of the site must comply with all applicable
development codes and regulations. Compliance with recommended
conditions of approval imposed hereinafter will ensure compliance with all
provisions of the FWCC.
C. The project is consistent with the public health, safety, and welfare. The
applicant proposes a use consistent with both the comprehensive plan and
the zone classification.
D. The plat complies will all design criteria set forth in Section 20-2 FWCC to
include safe and convenient travel on streets, provisions for housing needs
of the community, and the payment of a fee in lieu of open space.
E. As conditioned, project complies with all development standards listed in
6
Sections 20-151 through 157 and 20-158 through 187 FWCC.
19. Concerns regarding development of the plat itself and its storm water facilities will
be addressed prior to final plat approval and the construction of homes. The
Washington Court of Appeals in Topping v. Pierce County Board of Commissioners,
29 Wn. App 781 (1981), described a preliminary plat as follows:
The purpose of a preliminary plat is to secure approval of the
general "design" of a proposed subdivision and to determine
whether the public use and interest will be served by the platting.
Although the. Planning Department must determine...whether water
supplies [and] sanitary waste disposal.., are currently available or
whether provisions must be made for the addition of such services,
see RCW 58.17.110, compliance with specific health regulations
applicable to a completed development is not required for approval
of a preliminary plat. Essentially, the preliminary plat supplies
information not specified by regulation or ordinance. Matters which
are specified by regulation or ordinance need not be considered
unless conditions or infirmities appear or exist which would
preclude any possibility of approval of the plat. 29 Wn. App. 781
at 783.
The Topping case was recently cited with approval in the unpublished Court of
Appeals case of Largent et al. v. Klickitat.
In Haas et al. v. Clark County Division II of the Court of Appeals in an unpublished
opinion dated January 22, 1999, discussed preliminaw plat approval as follows:
RCW 58.17.020(4) provides that a "preliminary plat" "is a neat and
approximate drawing of a proposed subdivision showing the
general layout of streets and alleys, lots, blocks, and other
elements of a subdivision consistent with the requirements of this
chapter. The preliminary plat shall be the basis for the approval or
disapproval of the general layout of a subdivision". In contrast, a
"final plat" "is the final drawing of the subdivision and dedication
prepared for filing for record with the county auditor and containing
all elements and requirements set forth in this chapter and in local
regulations adopted under this chapter"... Furthermore, both the
statute and the code contemplate conditional approval, which
. suggests that if a requirement is not fully satisfied at the time of
preliminary approval, then meeting this requirement may be made
a condition of final approval...and we have previously held that the
approving authority is empowered to condition approval of the plat
?
upon compliance with RCW 58.17.110...Conditional approval
serves the goal of compliance with the statutory scheme and the
county code requirements because it requires the developer to
satisfy those requirements before final approval ....
In the present case, the applicant has provided significantly more. detail regarding
its storm drainage system and other elements of the plat than is normally provided
at the preliminary plat stage. While more information will be required prior to
approval of a final storm drainage plan to include a size of drainage facilities
between the Silverwood and Bellacarino ponds, these issues will be addressed in
accordance with City ordinances prior to final plat approval. The applicant has more
then satisfied the detail required for preliminary plat approval.
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 Rosewood Lane complies with the Federal Way
Comprehensive Plan as well as the RS-15 zone classification.
3. The proposed preliminary plat makes appropriate provision for the public health,
safety, and general welfare for open spaces, drainage ways, streets, roads, alleys,
other public ways, transit stops, potable water supplies, sanitary waste, parks and
recreation, 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 and therefore should be
approved subject to the following conditions:
1. Final plat approval shall require full compliance with drainage provisions set
forth in the FWCC. Compliance may result in reducing the number and/or
location of lots as shown on the preliminary approved plat.
A. Drainage plans and analysis shall comply with the 1998 KCSWDM
and amendments adopted by the City of Federal Way. City of Federal
Way approval of the drainage and roadway plans is required prior to
any construction.
B. If the runoff control facilities are constructed on-site, and the plat
layout revised, they shall be located in a separate tract, landscaped
to allow for maintenance, and dedicated to the city. Locating the
8
drainage on-site may require re-review of the preliminary plat
application, and may trigger a new preliminary plat application.
C. Stormwater quality treatment shall be provided using the basic water
quality menu options of the 1998 KCSWDM, as amended by the City
of Federal Way. Eighth Avenue SW and SW 360~' Street shall be retro
fitted to provide water quality in accordance with FWCC.
D. The off-site Bellacarino Tract A or other over-excavation shall be
designed and constructed in accordance with the KCSWDM to
accommodate the additional runoff volume from the Rosewood
development. Alternatively, the applicant may utilize the City's
proposed SW 356~ Regional Detention Facility, if established prior to
the applicant's construction of Silverwood plat improvements and if
use of the Regional Detention Facility is approved by the Public
Works Director.
E. The applicant has voluntarily proposed and preliminarily designed the
Silverwood Tract A storm drainage pond and/or water quality facilities
to accommodate the Rosewood Lane preliminary plat.
F. The Bellacarino Woods Pond shall be fenced with a six-foot chain link
fence (black, vinyl-coated) Type 1, and landscaped.
2. The applicant shall be required to construct all storm drainage improvements
necessary to mitigate all identified conveyance problems that are impacted
by the Rosewood Lane plat, whether existing at the time of preliminary plat
approval or resulting from the plat's development as identified during
engineering plan review, as required by the Public Works Director.
Engineering approval shall not be granted if it is determined that proposed
mitigation is not adequate to address the impacts of the project.
3. Pdor to issuance of construction permits, a final landscape plan, prepared by
a licensed landscape architect, shall be submitted to the city for approval,
and shall include the following elements:
A. Street trees in right-of-way landscape planter strip; and
B. Tree preservation plan.
4. The proposed subdivision shall comply with the 1993 King County Road
Standards (KCRS) as amended by the City of Federal Way for this project,
including the following requirements:
A. Sixth Avenue SW along the frontage of the project shall be improved
as a Minor Collector, half-street improvement. Improvements can be
accommodated within the existing 60 foot right-of-way. The existing
pavement shall be extended to provide 18 feet of width from the
existing centerline of right-of-way, and improved with a vertical curb
and gutter, four-foot planter strip, street trees, streetlights, and six-foot
wide sidewalk and appropriate transitioning tapers at each end.
B. SW 361st Street shall be improved as a local street, which includes 52
foot wide right-of-way and 28 foot pavement width. Vertical curb and
gutter; four-foot planter strips, and five-foot wide sidewalks shall be
provided on both sides of the street. Streetlights and street trees shall
also be provided.
C. 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.
5. Clearing for the construction of the plat improvements shall be generally
consistent with the clearing limits depicted on the Preliminary Utility, Clearing
and Grading, Sheet 2 of 2, that was prepared by the applicant for the
preliminary plat process. The clearing limits referenced above are the
approximate clearing limits necessary for road and utility installation and may
be modified with the approval of the Community Development and Public
Works Departments during final engineering plan review as required to
reflect changes in road and utility designs, if any. Any clearing and grading
necessary for lot development will be done at the time of house construction
on the lots.
RECOMMENDATION:
It is hereby recommended to the Federal Way City Council that the preliminary plat
of Rosewood Lane be approved subject to the conditions contained in the
conclusions above.
.,¢'_//'_// .~' ~ ~-/',,~t.~//
S'I"I~'P~E'N k. CAUSSEAUX, ,~'R~..
Hearing Examiner
l0
(~---
TRANSMI'I-I-ED THIS DAY OF October, 2000, to the following:
APPLICANT: Novastar Development, Inc.
G. Wayne Potter
18215 72"d Avenue South
Kent, WA 98032
ENGINEER: Barghausen Consulting Engineers, Inc.
Robert J. Armstrong, PE
18215 72"d Avenue South
Kent, WA 98032
OWNER: Delores Ross
36107 6t~ Ave. SW
Federal Way, WA 98023
B.J. Mottershead 708 SW 357t~ St. Federal Way, WA 98023
Charles Connon 35530 6t~ Ave. SW Federal Way, wA 98023
Michael D. Rutter 36619 6th Ave. SW Federal Way, WA 98023
Linda Lorentzen 36607 9t~ Ave. SW Federal Way, WA 98023
David J. Moore 35817 10t~ Ave. SW Federal Way, WA 98023
Carol Stiles 35816 10t~ Ave. SW Federal Way, WA 98023
Terry Brink P.O. Box 1157 Tacoma, WA 98401
Larry Karpack 16300 Christensen Rd. #350 Tukwila, WA 98188
Leonard Hills 36404 6t~ Ave. SW Federal Way, WA 98023
H. David Kaplan 30240 27t~ Ave. S. Federal Way, WA 98023
James Geluso 32015 1st Ave. S. Federal Way, WA 98003
Ron Lilley 35615 6~ Ave. SW Federal Way, WA 98023
Skip Holman P.O. Box 130 Bellevue, WA 98009
Kevin L. Jones 11730 118"~ Ave. NE #600 Kirkland, WA 98034
City of Federal Way
c/o Chris Green
33530 Ist Way S.
Federal Way, WA 98003
CITY OF FEDERAL WAY
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
STAFF REPORT TO THE
FEDERAL WAY HEARING EXAMINER
PRELIMINARY PLAT OF ROSEWOOD LANE
Federal Way File No. SUB98-0004
PUBLIC HEARING - AUGUST 7, 2000
FEDERAL WAY CITY HALL CITY COUNCIL CHAMBERS
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 ............................................................................................................ 3
V. Neighborhood Characteristics .............................................................................................. 5
VI. General Design ..................................................................................................................... 5
VII. Transportation ...................................................................................................................... 6
VIII. Public Services ..................................................................................................................... 7
IX. Utilities ................................................ : ................................................................................ 8
X. Analysis of Decisional Criteria ............................................................................................ 9
XI. Findings of Fact and Conclusion ....................................................................................... 10
XII. Recommendations .............................................................................................................. 13
XIII. List of Exhibits ................................................................................................................... 15
Report Prepared by:
Jim Harris, Senior Planner
July 28, 2000
CITY OF FEDERAL WAY
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
STAFF REPORT FOR THE PUBLIC HEARING OF AUGUST 7, 2000
PRELIMINARY PLAT OF ROSEWOD LANE
File No: SUB98-~0004
Applicant: Novastar Development Inc.
G. Wayne Potter
18215 72nd Avenue South
Kent, WA 98032
Phone: (425) 251-6222
Engineer: Barghausen Consulting Engineers Inc.
Robert J. Armstrong, PE
18215 72nd Avenue South
Kent, WA 98032
Phone: (425) 251-6222
Owner: Delores Ross
36107 6th Avenue SW
Federal Way, WA 98023
Action
Requested: Preliminary plat approval of a 9-lot residential lot cluster subdivision as
provided for under Federal Way City Code (FWCC) Chapter 20,
Subdivisions; and requiring approval pursuant to FWCC Section 20-110.
Staff
Representative: Jim Harris, Senior Planner, (253) 661-4019
Staff
Recommendation: Preliminary Plat Approval with Conditions
Hearing Examiner StalTReport Page 1
Preliminary Plat of Rosewood Lane SUB98-0004
I GENERAL INFORMATION
A. Description of the Proposal - The applicant proposes to subdivide a 4.71 acre parcel
into nine residential single family lots, with an average lot size of 19,124 square feet.
The preliminary plat map and preliminary utility, clearing, and grading plan by
Barghausen Engineers, August 25, 1998, are enclosed (Exhibit R-l).
B. Location - The site is located in the southem portion of the city, along the west side of
6th Avenue SW at approximately the 36100 block (Exhibit RS-l).
C. Parcel Number - 302104- 9039. Legal description is on the plat map.
D. Size of Property - The subject site has a land area of 205,235 square feet (4.71 acres).
E. Land Use and Zoning-
Direction Zoning Comprehensive Plan Existing Land Use
Site RS-15.0~ SF - Medium Density SFR2
North RS-15.03 SF - Medium Density Vacant & SFR
South RS-15.0 SF - Medium Density Vacant & SFR
East RS- 15.0 SF - Medium Density SFR
West RS-9.6 SF - High Density Vacant
F. Background- The preliminary plat of Rosewood Lane was submitted on October 6,
1998. The preliminary plat application was determined complete on November 3, 1998.
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
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 notices of the
application (November 4, 1998). The site was also posted and notice published in the
newspaper and on the city's official notice boards. Fifteen comment letters were
IRS_ i 5.0 = single family residential, 15,000 SF minimum lot size.
2SFR = single family residential.
3RS-9.6 = single family residential.
Hearing Examiner Staff Report Page 2
submitted in response to the November 4, 1998, notices of application (RS-2). On
December 3, 1998, the city responded to each of the parties that provided written
comments during the early comment period (Exhibit RS-3).
C. In accordance with the State Environmental Policy Act (SEPA) and FWCC Chapter 18,
Environmental Protection, all property owners and occupants within 300 feet of the
site, and all affected agencies, were notified of the proposed action and the city's
environmental decision. In addition, the site was posted and notice placed in the
newspaper and on the city's official notice boards.
III STATE ENVIRONMENTAL POLICY ACT
A. A Mitigated Environmental Determination of Nonsignificance (MDNS) was issued by the
City of Federal Way for the proposed action on February 17, 2000 (Exhibit R-2). This
determination was based on review of information in the project file, including the
environmental checklist (Exhibit R-3) and final staff evaluation of the SEPA checklist
(Exhibit R-4), resulting in the conclusion that the proposal would not result in probable
significant adverse impacts on the environment, provided the applicant complies with the
mitigation measures in the MDNS.
B. Thirteen comment letters were received during the 14-day SEPA comment period
(Exhibit RS-4). On March 13, 2000, the city responded to all parties that provided
written comments on the SEPA decision (Exhibit RS-5).
C. The city received two timely appeals of the SEPA MDNS. Pursuant to FWCC Section
20-115, the SEPA appeal hearing and preliminary plat application shall be held
simultaneously. The staff report to the Hearing Examiner on the SEPA appeal is under
separate cover.
IV NATURAL ENVIRONMENT
A. Storm Water Runoff- Development of the site will create additional runoff from new
impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities
are being designed in accordance with the 1998 King County Surface Water Design
Manual (KCSWDM) and the city's amendments to the manual. The applicant's
preliminary storm drainage Technical Information Report (TIR), revised December
1999, (Exhibit RS-6) was reviewed by the city's Public Works Department. The
preliminary design proposes to collect and convey water through a series of pipes and
catch basins into a storm drainage combination wetpond/detention facility located near
the northeast comer of the proposed Silverwood plat. The storm drainage runoff
discharges form the Silverwood wetpond/detention facility to an existing downstream
closed depression located in Bellacarino Woods Tract "A". The applicant is proposing
to over-excavate the pond in Bellacarino Woods Tract "A" in order to compensate for
the increased runoff volume from the Silverwood and Rosewood Lane projects.
Hearing Examiner Staff Report Page 3
Preliminary Plat of Rosewood Lane SUB98-0004
B. Soils - The 1973 King County soils survey map lists the soils type as Alderwood
Gravelly Sandy Loam (AgB). Alderwood soils are characterized as moderately well
drained soils that have a weakly consolidated to strongly consolidated substratum at a
depth of 24 - 40 inches. AgB soils are described as capable for urban development,
runoff is slow, and erosion hazard is slight.
Typical soils excavation will occur with the street construction and for utility
installation. The preliminary clearing and grading plan depicts clearing limits for
construction of the street and utilities. Proposed lots would be cleared and graded in
conjunction with future individual building permits.
C. Topography - The s. ite is relatively flat with a minor rise from north to south. The site
does not have any steep slopes or any other geologically hazardous areas.
D. Vegetation - The site is heavily wooded, and consists primarily of second growth forest
with a mixture of conifer and broadleaf trees, with a dense understory of native shrubs.
Dominant trees include Douglas fir, red alder, and big leaf maple.
Clearing of the site for plat infrastructure construction is proposed only in the location
of the public roadway and adjacent utilities.
E. Wetlands - There are no wetlands on or within 100 feet of the site. Terra Associates Inc
conducted a site reconnaissance for wetlands and summarized their findings for
Rosewood Lane and Silverwood plats in reports of February 25, 1997 (Exhibit RS-7),
September 3, 1998 (Exhibit RS-8), and July 27, 1999 (Exhibit RS-9). The city's wetland
consultant, Adolphson Associates Inc. (AAI), reviewed and concurred with the Terra
Associates reports, as discussed in AAI's October 15, 1999, letter (Exhibit RS-10).
F. Wildlife and Habitat - A series of wildlife and habitat evaluations by Terra Associates
Inc. were provided to the City of Federal Way for review with the pending Silverwood
preliminary plat application. No wildlife species recognized as priority species are
known to inhabit the site. Further, pursuant to the September 25, 1996, Terra Associates
report, the Washington State Department of Fish and Wildlife (WDFW) priority habitat
and species map has no record of threatened, endangered, or sensitive species of
wildlife within two miles of the site.
The site provides habitat for small mammals, rodents, and reptiles, as well as songbirds
and insects. The site would also be expected to provide food resources for hawks and
other predators, which may not actually inhabit the site. Some of the habitat for these
animals will be eliminated or displaced by the proposal. In addition, the introduction of
human activities, including domestic animals, to the site will threaten the viability of
any remaining habitat. '
AAI, working on behalf of the City of Federal Way, has reviewed the submitted
Wildlife and Habitat Evaluations and concurred with the Terra Associates Wildlife
Evaluation as stated in a October 15, 1999, correspondence from AAI (Exhibit RS-10).
Hearing Examiner Staff Report Page 4
The WDFW has reviewed the project and accompanying Terra Associates wildlife
reports, as discussed in the WDFW December 2, 1999, letter (Exhibit RS-11). In
summary, the WDFW letter concurs with the Term Associate's July 27, 1999,
Wetland/Wildlife Habitat Evaluation and the November 15, 1999, Wildlife Habitat
Evaluation Addendum.
At the city's request, the applicant completed a questionnaire regarding potential
impacts to salmon (Exhibit RS-12) listed under the Endangered Species Act. The city
concurs with the responses in the checklist with the exception of the applicant's
response to items 1 and 2 regarding the current or past presence of endangered salmon
in the Hylebos watershed. Chinook salmon have previously been in the Hylebos
watershed and it is uncertain if these species are currently in the watershed. The
responses in the checklist conclude that if endangered salmon are present in the
Hylebos watershed, the project would not adversely impact said salmon.
V NEIGHBORHOOD CHARACTERISTICS
A. Vicinity - The property is situated in the southern portion of the city, in a single-family
residential area. The site is vacant. The majority of adjacent properties to the north are
developed with single-family residences on lots ranging from approximately 10,000
square feet to 2.5 acres. To the east, the majority of the lots are developed with single-
family residences on lots ranging from approximately 15,000 square feet to four acres.
The proposed preliminary plat of Silverwood, a 30-acre parcel, abuts the west property
line of Rosewood Lane. To the south, lot sizes range from approximately ½ acre to 5
acres (Exhibit RS - 1).
VI GENERAL DESIGN
A. Lot Layout - The proposed lots range in size from approximately 17,955 square feet to
20,456 square feet, with an average lot size of 19,124 square feet
Each of the proposed lots are of rectangular shape and contain an adequate building
area. All building setback lines (BSBL) are depicted on the preliminary plat map
B. Open Space - To provide adequate recreational opportunities commensurate with new
residential development, FWCC Chapter 20, Subdivisions, requires dedication of land
on site for open space, or a fee-in-lieu payment.
The applicant has proposed to pay a fee in-lieu of providing on-site recreation area. The
fee-in-lieu payment must be paid at time of final plat and will be based on the most
recent assessment at the time of final plat.
C. Subdivision Access and Roadway System - Access to the site will be provided from 6~
Avenue SW, and the preliminary plat includes the construction ofSW 361~t Street from
Hearing Examiner Staff Report Page 5
Preliminary Plat of Rosewood Lane SUB98-0004
6t~ SW to the west property line. SW 361~t Street as proposed will connect into the
proposed Silverwood preliminary plat adjoining the west property line. Pursuant to
FWCC street improvement standards, all street improvements must be dedicated as city
right-of-way and improved to applicable city standards.
See Section VII. of this report for a detailed description of the proposed roadway
system and improvements.
D. Pedestrian System - Sidewalks will be provided along the length of both sides of the
interior street. Specifically, full street improvements include five-foot wide sidewalks
on both sides of the street. Half street improvements along the 6t~ Avenue frontage will
include a six-foot sidewalk on the westerly side of the street. A walking path from the
site to SW 356th must also be provided along 6th Avenue SW as required inSEPA
condition #2.
E. Clearing and Grading - FWCC Section 20-178 states that all natural vegetation shall be
retained on the site to be subdivided except that which will be removed for
improvements or grading as shown on approved engineering plans. Clearing and
grading is proposed only in the location of the proposed roadway and abutting utilities.
F. Landscape Buffers - In accordance with FWCC Chapter 20, Subdivisions, landscape
buffers are specified only when the plat is adjacent to an incompatible zoning district.
The proposed plat is bordered on all sides by single-family residential zoning; therefore,
no perimeter buffers are required.
VII TRANSPORTATION
A. Street Improvements - Access to the property will be provided from 6th Avenue SW and
includes the construction of SW 361st Street SW. The SW 361st Street in Rosewood
Lane is proposed to connect to the planned street in the adjacent proposed plat of
Silverwood. In accordance with the FWCC, all street improvements must be dedicated
as city right-of-way (except the private access tracts) and improved to full street
standards.
The city's Traffic Engineer has analyzed compliance with the City of Federal Way
Comprehensive Plan (FWCP) and FWCC. The Public Works Department review
concludes that the proposed street layout of the Rosewood Lane subdivision is
consistent with the adopted codes and FWCP in place at the time of complete
application.
Sixth Avenue SW shall be improved along the frontage of the project as a Minor
Collector, half-street improvement. Improvements can be accommodated within the
existing 60-foot right-of-way. The existing pavement shall be extended to provide 18-
feet of pavement from the existing centerline, and improved with a vertical curb and
Hearing Examiner Staff Report Page 6
Dral;minarv Plat r~f'l~ ..... tr~c*cl I.ano SLIB98-0004
gutter, four-foot planter strip, street trees, streetlights, and six-foot wide sidewalk and
appropriate tapers at each end.
SW 361st Street shall be improved as local streets, which include 52-foot wide right-of-
way and 28-foot pavement width. Vertical curb and gutter, four-foot planter strips, and
five-foot wide sidewalks shall be provided on both sides of the street. Streetlights and
street trees shall also be provided. An 80-foot diameter temporary cul-de-sac will be
required at the west end of S W 36 l~t Street if the plat of S ilverwood is not constructed.
Pursuant to Public Works Department review, 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.
Street lighting is required on all streets pursuant to FWCC Section 22-1522.
The Public Works Department and Federal Way Fire Department have approved
preliminary roadway improvements as proposed.
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 on
August 27, 1999, indicate that Enterprise Elementary, Illahee Junior High, and Federal
Way Senior High Schools will serve the proposed subdivision. Elementary and senior
high students from this development would receive bus transportation to and from
school, as these schools are over one mile from the site.
The applicant provided a Novemeber1996, School Access Analysis (Exhibit RS-14),
which identifies the path of travel for students walking to Illahee. In summary, a safe
route of pedestrian travel will be provided following construction of the on-site
sidewalks and the off-site shoulder improvements, which will be constructed along 6~
Avenue SW under SEPA condition/12.
School service areas are reviewed annually and may be adjusted to accommodate
enrollment growth and neTM development.
School impact fees, as authorized by city ordinance and collected at the time of building
permit issuance, are currently $2,383.00 per single-family housing unit. School impact
fees are determined on the basis of the district's Capital Facilities Plan and are subject
to annual adjustment and update.
B. Parks & Open Space - Rosewood Lane is approximately 1,3000 feet from the existing
City of Federal Way SW 363a Open Space Park. The SW 363a Open Space is an
undeveloped park, which includes a wetland, and the intended use of the site is for
passive recreation.
Hearing Examiner Staff Report Page 7
Preliminary Plat of Rosewood Lane SUB98-0004
Access to the City of Federal Way's proposed BPA Phase 3 Trail (multi-modal
transportation and recreational) is approximately 1/2 to 3A miles north and west of the
Rosewood Lane site.
A fee-in-lieu of on-site open space is proposed for the Rosewood Lane proposal. Parks
and open space requirements are discussed in Section VI. of this report.
C. Fire Protection -The Certificate of Water Availability from the Lakehaven Utility
District indicates that water will be available to the site in sufficient quantity to satisfy
fire flow standards for the proposed development. The Fire Department requires that a
fire hydrant be located within 350 feet of each lot. The exact number and location of
fire hydrants will be. reviewed and approved by the Fire Department.
IX UTILITIES
A. Sewage Disposal - The applicant proposes to serve the proposed plat by a public sewer
system managed by Lakehaven Utility District and extended through the adjacent
proposed Silverwood Plat. A September 3, 1998, Certificate of Sewer Availability
(Exhibit R-5) indicates the district's capacity to serve the proposed development ,
through a Developer Extension Agreement (DEA) between the applicant and the
district. According to the preliminary plat, an extension of the existing sanitary sewer
main is proposed from approximately 356th Street through the proposed preliminary plat
of Silverwood to serve the site. The applicant will need to renew the expired certificate
and DEA before the engineering approval is granted.
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
September 3, 1998, Certificate of Water Availability (Exhibit R-6) indicates
Lakehaven's capacity to serve the proposed development through a DEA. The applicant
will need to renew the expired DEA and certificate before the engineering approval is
granted. The water supply system is proposed to be looped through the proposed
adjacent Silverwood plat.
C. Drainage Facilities - Development of the site will create additional runoff from new
impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities
are being designed in accordance with the 1998 KCSWDM and the city's amendments
to the manual. The applicant's preliminary storm drainage TIR by Barghausen
Consulting Engineers, Inc., revised December 1999, (Exhibit RS-6) was reviewed by
the city's Public Works Department.
The applicant is also proposing to design the on-site storm water facility within the Plat
of Silverwood to accommodate the proposed Rosewood Lane storm drainage. In the
event Silverwood does not get constructed, but Rosewood Lane does, the Plat of
Rosewood Lane shall provide its own detention and water quality in accordance with
the KCSWDM and subsequent revisions.
Hearing Examiner Staff Report Page 8
Preliminary Plat of Rosewood Lane SUB98-0004
The preliminary design proposes to collect and convey water through a series of pipes
and catch basins into a storm drainage combination wet pond/detention facility located
near the northeast comer of the proposed Silverwood plat. The storm drainage runoff
discharges from the Silverwood detention pond to an existing downstream closed
depression located in Bellacarino Woods Tract "A". The applicant is proposing to over-
excavate the pond in Bellacarino Woods Tract "A" in order to compensate for the
increased runoff volume from the Rosewood Lane and Silverwood projects.
The city has identified downstream conveyance problems associated with stormwater
runoff. Due to these downstream problems, the applicant is proposing to modify
downstream drainage facilities. The storm drainage improvements necessary for this
project are analyzed in the HSPF Hydrologic Analysis of the SW 356th Street Closed
Depression, by Northwest Hydraulic Consultants, February 1998 (Exhibit RS- 13).
As with all paved, developed areas, the site will contribute some pollutants to ground
and surface waters, as these will be washed off the parking and vehicular areas by
stormwater into the drainage system. Pollutants that accumulate on paved surfaces may
include heavy metals, petrochemicals, and other substances. Consistent with the
requirements of adopted regulations, all water runoff from the paved portions of the
project will be treated either in the on-site wetpond or the coalescing plate separator for
the off-site 8th Avenue SW widening improvements.
Final review of the storm water quality and detention will occur in conjunction with the
full drainage review.
X ANALYSIS OF DECISIONAL CRITERIA
The FWCC establishes review procedures and decisional criteria for deciding upon various
types of land use applications. Pursuant to FWCC Chapter 20, Subdivisions, Section 20-110,
preliminary plat applications are submitted to the heating examiner for public heating. The
preliminary plat application and the recommendation of the hearing examiner is submitted to
the city council for approval or disapproval.
Hearing Examiner Preliminary Plat Decisional Criteria - Pursuant to FWCC Section 20-
126(c), the hearing examiner may recommend approval of the proposed preliminary plat
only if the following decisional criteria are met. Decisional criteria and staff responses are
provided below.
I. The project is consistent with the comprehensive plan.
Staff Comment: The application is subject to the adopted 1995 FWCP, which designates
the property as Single Family - Medium Density. The proposed land use, Single Family
Residential with an average lot size of 19,124 square feet, is consistent with density
allowances and policies applicable to this land use as established in the FWCP.
Hearing Examiner Staff Report Page 9
Preliminary Plat of Rosewood Lane SUB98-0004
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 Medium Density land use classification of the
city's FWCP and map. Proposed access and fire hydrant locations must 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 promotion of safe and convenient travel on streets, provision for
the housing needs of the community, and provisions for payment of a fee-in-lieu of
providing on site open space. 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 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 application complies
with all applicable statutes, codes, and regulations.
Xl 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 vacant 4.71-acre parcel into nine single-family
lots. All adjacent land uses are single family residential. There are no wetlands on or
within 100 feet of the subject site.
Hearing Examiner Staff Report Page 10
~:~: .... m~. Ac ~ ........ ,~ t ~ SUB98-0004
2. The preliminary plat application is subject to the 1995 FWCP and the codes and
regulations in effect at the time the application was deemed complete, which was
October 30, 1998.
3. The subject property is designated Single Family Medium Density in the 1995 FWCP.
4. Zoning for the site is RS-15.0, (minimum lot size 15,000 square feet). Properties to the
north, south, and east of the subject property are also zoned RS 15.0. Zoning to the west
of the subject property is RS 9.6 (9,600 square foot minimum lot size). The proposed
residential subdivision and density is consistent with applicable zoning and subdivision
regulations.
5. Pursuant to FWCC Section 20-154, each lot meets the minimum lot size requirement of
15,000 square feet.
6. The applicant is proposing to pay a fee-in-lieu of on-site open space, as allowed by
FWCC Section 20-155. The fee-in-lieu amount is based on 15 percent of the assessed
value at the time of final plat, and will be collected prior to final plat approval.
7. An Environmental Mitigated Determination ofNonsignificance (MDNS) was issued for
this proposed action on February 17, 2000. Thirteen comment letters were submitted to
the city before expiration of the comment deadline. The main topics of the comment
letters pertained to stormwater drainage, wetlands, wildlife habitat, plants, and
procedural considerations. The city responded to the comment letters on March 13,
2000, and retained the MDNS as originally issued.
8. The City of Federal Way received two appeals of the SEPA decision. The appeal issues
pertain to SEPA procedural issues, storm drainage, flooding, property condemnation
and request for preparation of an Environmental Impact Statement (ELS). Pursuant to
FWCC Section 20-115, and in accordance with state law, if there is an appeal of the
SEPA threshold determination the appeal heating shall be held simultaneously with the
public hearing in front of the hearing examiner on the preliminary plat. The staff report
on the SEPA appeal is provided under separate cover.
9. 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. It is the applicant's responsibility to secure all necessary water and sewer
services from the utility provider.
10. Public access will be provided off6~ Avenue SW and the construction ofSW 361st
Street through the site, which is proposed to connect to the adjacent proposed
Silverwood preliminary plat. The proposed preliminary plat was reviewed to ensure
optimal location and configuration of access to the subject property
Hearing Examiner Staff Report Page 11
Preliminary Plat of Rosewood Lane SlJB98-0004
11. SW 361st Street within the plat is a local street, and 6th Avenue SW is designated as a
Minor Collector by the FWCP. Half street improvements are required on 6th Avenue
SW frontage by the FWCC, and full street improvements within the plat are required by
the FWCC. All public right-of- ways will be dedicated to the city. Off-site
improvements to 6th Avenue SW are required by SEPA condition #2.
12. As proposed, each proposed lot contains an adequate size and shape building envelope
to contain a future single-family residence. Building setback lines (BSBL) are identified
on the preliminary plat map.
13. The project applicant provided a November 1996, school access analysis. The off-site
improvements to 6th Avenue SW to include a paved shoulder on one side of the street
and the on-site side(valks on all internal plat streets will provide a safe pedestrian route
of travel to Illahee Junior High School. Elementary and senior high school students
from the development will receive bus transportation to and from school.
14. The clearing and grading limits proposed on plan sheet 2 of 2 will result in clearing and
grading for only the street and utilities within or abutting the right-of-way.
15. The subject property is heavily wooded with primarily second growth forest. Clearing
and grading for the road construction will not result in removal of more than 75 percent
of the significant trees on site. Significant tree that may be left on individual lots
following the plat infrastructure construction may be removed during individual home
construction. However, any significant trees removed during individual home
construction will be subject to the preservation and replacement standards of the
FWCC.
16. The proposed development, when completed, will potentially displace approximately
4.7 acres of habitat for small mammals, rodents, reptiles, birds, and insects. Habitat for
the Pileated Woodpecker, classified as sensitive species by WDFW, will be potentially
impacted. However, the large average lot size of approximately 19, 000 square feet
should result in the protection of some of the existing habitat. No wildlife species
recognized as priority species are known to inhabit the site, and no special features or
large snags that would be used for nest sites exist on the site.
17. Development of the site will create additional runoff from new impervious surfaces
such as streets, driveways, and rooftops. Storm drainage facilities are being designed in
accordance with the 1998 KCSWDM and the city's amendments to the manual. The
applicant's preliminary storm drainage TlR by Barghausen Consulting Engineers, Inc.,
revised December 1999, (Exhibit RS-6) was reviewed and accepted by the city's Public
Works Department.
The preliminary design proposes to collect and convey water through a series of pipes
and catch basins into a storm drainage combination wetpond/detention facility located
near the northeast comer of the adjacent Silverwood site. The storm drainage runoff
discharges from the Silverwood wetpond/detention facility to an existing downstream
Hearing Examiner Staff Report Page 12
SUB98-0004
Preliminary Plat of Rosewood Lane
closed depression located in Bellacarino Woods Tract "A". The applicant is proposing
to over-excavate the pond in Bellacarino Woods Tract "A" in order to compensate for
the increased runoff volume from the Silverwood project.
The city has identified downstream conveyance problems associated with stormwater
runoff. Due to these downstream problems, the applicant is proposing to modify
downstream drainage facilities. The storm drainage improvements necessary for this
project are analyzed in the HSPF Hydrologic Analysis of the SW 356'h Street Closed
Depression, by Northwest Hydraulic Consultants, February 1998.
In conjunction with off-site improvements, these facilities are adequate to serve the
proposed development. Final review and approval of the stormwater engineering plan
will occur in conjuriction with full drainage review.
18. Prior to issuance of construction permits, the applicant will be required to submit a final
landscape plan addressing street trees and a tree preservation plan.
19. The proposed preliminary plat is permitted by FWCC Chapter 20, Subdivisions, and
Chapter 22, Zoning.
20. 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.
21. 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. Final plat approval shall require full compliance with drainage provisions set forth in
the FWCC. Compliance may result in reducing the number and/or location of lots as
shown on the preliminary approved plat.
A. Drainage plans and .analysis shall comply with the 1998 KCSWDM and
amendments adopted by the City of Federal Way. City of Federal Way approval of
the drainage and roadway plans is required prior to any construction.
B. If the runoff control facilities are constructed on-site, and the plat layout revised,
they shall be located in a separate tract, landscaped to allow for maintenance, and
Hearing Examiner Staff Report Page ! 3
Preliminary Plat of Rosewood Lane SUB98-0004
dedicated to the city. Locating the drainage on-site may require re-review of the
preliminary plat application, and may trigger a new preliminary plat application.
C. Stormwater quality treatment shall be provided using the basic water quality menu
options of the 1998 KCSWDM, as amended by the City of Federal Way. Eighth
Avenue SW and SW 360th Street shall be retro fitted to provide water quality in
accordance with FWCC.
D. The off-site Bellacarino Tract A over-excavation shall be designed and constructed
in accordance with the KCSWDM to accommodate the additional runoff volume
from the Rosewood development.
E. The applicant has voluntarily proposed and preliminarily designed the Silverwood
Tract A storm drainage pond and/or water quality facilities to accommodate the
Rosewood Lane preliminary plat.
F. The Bellacarino Woods Pond shall be fenced with a six-foot chain link fence
(black, vinyl-coated) Type 1, and landscaped.
2. The applicant shall be required to construct all storm drainage improvements necessary
to mitigate all identified conveyance problems, whether existing or resulting from the
plat's development, as identified during engineering plan review, as required by the
Public Works Director. Engineering approval shall not be granted if it is determined
that proposed mitigation is not adequate to address the impacts of the project.
3. Prior to issuance of construction permits, a final landscape plan, prepared by a licensed
landscape architect, shall be submitted to the city for approval, and shall include the
following elements:
A. Street trees in right-of-way landscape planter strips; and
B. Tree preservation plan.
4. The proposed subdivision shall comply with the 1993 King County Road Standards
(KCRS) as amended by the City of Federal Way for this project, including the
following requirements:
A. Sixth Avenue SW along the frontage of the project shall be improved as a Minor
Collector, half-street improvement. Improvements can be accommodated within
the existing 60-foot right-of-way. The existing pavement shall be extended to
provide 18 feet of width from the existing centerline of right-of-way, and improved
with a vertical curb and gutter, four-foot planter strip, street trees, streetlights, and
six-foot wide sidewalk and appropriate transitioning tapers at each end.
B. SW 361st Street shall be improved as a local street, which includes 52-foot wide
right of way and 28-foot pavement width. Vertical curb and gutter, four-foot
Hearing Examiner Staff Report Page 14
D~,~l;,~;,,~,-,, PI~ ~C ~ ~,c,~,,,,~,-,,-I I ~,,~ .RI I[108-0004
planter strips, and five-foot wide sidewalks shall be provided on both sides of the
street. Streetlights and street trees shall also be provided.
C. 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.
5. Clearing for the construction of the plat improvements shall be generally consistent
with the clearing limits depicted on the Preliminary Utility, Clearing and Grading,
Sheet 2 of 2, that was prepared by the applicant for the preliminary plat process. The
clearing limits referenced above are the approximate clearing limits necessary for road
and utility installation and may be modified with the approval of the Community
Development and Public Works Departments during final engineering plan review as
required to reflect c~hanges in road and utility designs, if any. Any clearing and grading
necessary for lot development will be done at the time of house construction on the lots.
XIII LIST OF EXHIBITS
R-1. Reduced Scale Preliminary Plat of Rosewood Lane & Preliminary Utility Clearing and Grading
Plan
R-2. SEPA MDNS for Rosewood Lane
R-3. SEPA Checklist for Rosewood Lane
R-4. Final Staff Evaluation for SEPA Checklist, Rosewood Lane
R-5. September 3, 1998, Lakehaven Utility District Letter of Sewer Availability
R-6. September 3, 1998, Lakehaven Utility District Letter of Water Availability
RS-I Vicinity Map
RS-2 Public Comments on Notice of Application, Rosewood Lane and Silverwood
RS-3 City of Federal Way December 3, 1998, Response to Public Comments on Notice of Application
RS-4 Public Comments on SEPA MDNS, Rosewood Lane and Silverwood
RS-5 City of Federal Way March 13, 2000, Response to Public Comments on SEPA MDNS
RS-6 Preliminary Technical Information Report for Silverwood, Revised December 1999, by Barghausen
Consulting Engineers Inc.
RS-7 Terra Associates Wetland Evaluation, Revised February 25, 1997
RS-8 Terra Associates Wetland Evaluation/Wildlife Habitat Evaluation Addendum, September 3, 1998.
RS-9 Terra Associates Wetland Evaluation/Wildlife Habitat Evaluation Addendum, July 27, 1999.
RS-10 Adolphson Associates Inc. Letter, October 15, 1999
RS-11 Washington Department of Fish and Wildlife Letter, December 2, 1999
RS-12 Barghausen Cover Letter and ESA Listed Salmon Checklist, November 22, 1999
RS-13 HSPF Hydrologic Analysis of the SW 356a' Street Closed Depression, by Northwest Hydraulic
Consultants Inc, February 1998.
RS-14 School Access Analysis for Silverwood, by Barghausen Consulting Engineers Inc., November 1996.
RS-15 SEPA Appeal Letter from Michael Gendler, March 20, 2000
RS-16 SEPA Appeal Letter from Charles Connon and B.J. Mottershead, March 17, 2000
RS-17 N.J. Land Development Letter, July 20, 2000
Hearing Examiner Staff Report Page 15
Preliminary Plat of Rosewood Lane SLIB98-0004
TRANSMITTED TO THE PARTIES LISTED HEREAFTER: Federal Way Hearing Examiner
Applicant - G. Wayne Potter Novastar Development Inc.
Project Engineer - Barghausen Consulting Engineers
Document ID #11039
Hearing Examiner Staff Report Page 16
Preliminary Plat of Rosewood Lane SUB98-0004
MITIGATED ENVIRONMENTAL
DETERMINATION OF NONSIGNIFICANCE
Rosewood Lane Subdivision
Federal Way File No. SEP98-0036
Description
of Proposal: Subdivision of 4.7 acres into nine residential lots with an average lot size of
approximately 19,124 square feet. The proposal also includes developing a road system,
street improvements, utilities, storm drainage control improvements, and other related
infrastructure improvements.
Proponent: G. Wayne Potter
Novastar Development Inc.
18215 72"a Avenue South
Kent, WA 98032
(425) 251-6110
Location: Along the west side of 6th Avenue SW at the 36100 block, Federal Way, Washington.
King County tax parcel # 302104-9039. In the SE ¼ of Section 30, T21N, R4E, WM.
Lead Agency: City of Federal Way
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, the final staff
evaluation for this action, 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 RCW 43.31 C.060.
The lead agency for this proposal has determined that it does not have a probable significant adverse
impact on the environment, and an Environmental Impact Statement (EIS) is not required under RCW
43.21C.030(2)(c), only if the conditions listed below 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
!. The subject property is generally located along the west side of 6~' Avenue SW at the 36100 block,
Federal Way, Washington. The proposal includes the subdivision of approximately 4.7 acres into
nine residential lots with an average lot size of approximately ! 9,124 square feet (.44 acre). The
EXHIBIT
OF
M DNS Page 2 Rosewood Lane SEP98-0036
proposal also includes developing a public roadway, street improvements, utilities, storm drainage
control improvements, and other related infrastructure improvements.
2. The subject property is zoned RI5.0, requiring a minimum lot size of 15,000 square feet per parcel.
The comprehensive plan designation for the site is Medium Density Single Family.
3. The proposed Rosewood Lane project has been designed and proposed in conjunction with the
pending plat of Silverwood. The Silverwood plat is being processed concurrently but independent of
the Rosewood Lane plat, with Novastar Develop~nent Inc. as the applicant for both projects. The
Rosewood Lane project is dependant on the future development of the Silverwood project in regard
to several infrastructure improvements. Specifically, without the concurrent (or preceding
development of Silverwood), the Rosewood project would likely require redesign and re-analysis of
at least the following items: street layout (no cul-de-sac bulb proposed for Rosewood); sanitary
sewer design (proposed through Silverwood); water system design (proposed through Silverwood);
storm water drainage design (proposed on and through Silverwood).
Should the Silverwood project fail to gain prelimiuary plat approval, and/or not get constructed, the
Rosewood project would likely be required to undergo additional SEPA review and trigger a new
preliminary plat application, or preliminary plat alteration, in order to address the above referenced
infrastructure requirements.
4. As permitted by Federal Way City Code (FWCC) Section 20-155, the applicant is proposing to pay
a fee-in-lieu of providing on~site open space. The fee-in-lieu amount is determined at final plat and
is calculated as 15 percent of the most recent assessed value of the property.
5. A Traffic Impact Analysis is not required for this project since the proposal generates less than 10
PM peak hour trips, which is the city's threshold for traffic mitigation.
6. Street improvements for the proposed SW 361st Street and the 6th Avenue frontage must comply
with adopted city codes.
7. Adequate provisions for school children, which walk to Illahee Junior High, do not currently exist
along that portion of the route between the proposed SW 361~t and SW 356th Streets. Therefore,
improvements to one side of the street should be required in order to provide adequate walking
areas to SW 356th from Rosewood Lane. The remainder of the pedestrian route to Illahee currently
provides a walking area for school children.
Pursuant to the Federal Way Public Schools August 27, 1999 letter, students frown the plat will
receive bus transportation to elementary and senior high scliools, and no other walking area
improvements were identified.
8. As identified in tile applicant's environmental checklist and preliminary drainage report/TIR, tile
design engineer, acting as the applicant's agent, has choseu to voluntarily design the project to meet
the requirements of the 1998 King County Surface Water Design Manual matching the 2-year and
10-year pre-development duratious with a 20 percent safety factor.
The storm draiuage improvements necessary for this project are proposed to be designed and
constructed in conjunction with the adjacent Silverwood project- The storm~r~l~ha~¢yzed~.)----- ----, ·. ,-~
PAGE_ ¢ OF
MDNS Page 3 Rosewood Lane SEP98-0036
the HSPF Hydrologic Analysis of the SW 356'/' Street Closed Depression, by Northwest Hydraulic
Consultants, February 1998. Final design and review of the storm drainage system will occur in
conjunction with the final engineering plan review.
9. The FWCC requires that a minimum of 25 percent of all significant trees located on the site be
retained or replaced. Through the plat construction phase, all vegetation will be retained on site,
except that which will be cleared for the future roadway improvements and utilities. Therefore, most
of the significant trees and vegetation will remain on the site following infrastructure construction.
Significant tree retention and replacement will be reviewed for compliance with applicable code
standards during individual building permit review for each residence constructed.
10. The proposed development, when completed, will displace habitat for small mammals, rodents,
reptiles, birds, and insects as generally occurs with urban development. However, pursuant to the
Terra Associates September 25, 1996, letter for the abutting Silverwood project, there are no records
of threatened, endangered, or sensitive wildlife species within two miles of the abutting Silverwood
site (and therefore this conclusion also applies to the Rosewood Lane site). The developer has also
provided a July 27, 1999, letter from Terra Associates, which summarizes that there are no unique
or special wildlife habitat features on the Rosewood Lane site.
11. The proposed development will generate approximately six school age children. Pursuant to the
Federal Way Public Schools August 27, 1999, letter to the City of Federal Way, the collection of
school impact fees will mitigate the school impacts. The current school mitigation fee is $2,383.00
for a single-family residence and is collected at building permit issuance for a residence. The
Federal Way City Council may adjust the in]pact fee annually, and the applicable fee would be
determined at the time a complete individual single-family building permit application is submitted
to the city.
12. Pursuant to the Terra Associates July 27, 1999 letter, no wetlands are on or within 100 feet of the
Rosewood Lane site.
13. The Final Staff Evaluation for Environmental Checklist, File No. SEP98-0036, is hereby
incorporated by reference as though set forth in full.
CONCLUSIONS OF LAW
Federal Way's 1995 Comprehensive Plan Policies adopted by Federal Way, and contained within the
1995 Federal Way Comprehensive Plan (FWCP), serve as a basis for the exercise of substantive SEPA
authority to approve, condition, or deny proposed actions applicable to potential adverse environmental
impacts resulting from this project. The following components of the FWCP support the conditions for
the development.
Natural Environment Policy 11 (NEPI1): The city should encourage the retention of surface water
runoff in wetlands in regional retention facilities, and in detention ponds, or use other similar storm
water manage~nent techniques to promote aquifer recharge.
XHIBIT_ f('
OF_s-
MDNS Page 4 Rosewood Laue SEP98-0036
NEP2: Preserve and restore ecological functions, and enhance natural beauty, by encouraging
community development patterns and site planning that maintains and complements natural land
fO gm S.
Transporlation Policy 52 (TP52): 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.
Based on the above policies, the following mitigation measures are required to minimize identified
potential significant adverse impacts.
SEPA Conditions
!. Due to the downstream natural closed depression this project drains to, clearing, grading, and
street/utility work for the plat itnprovements will not be permitted from October 31 to March 30,
unless approved in writing by the Public Works Director.
2. Prior to final plat approval, 6th Avenue SW off-site between SW 356~' and SW 361s~ Streets shall be
improved to provide pedestrian access to lllahee Junior High. Road improvements required within
the existing 60-foot-wide right-of-way shall include two 12-foot-wide lanes and a five-foot-wide
asphalt shoulder as required by the Public Works Director.
This MDNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for 14
days from the date of issuance. Comments must be submitted by 5:00 p.m. on March 6, 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.
Contact Person: Jim Harris, Senior Planner, (253) 661-4019
Responsible Official: Stephen Clifton, AICP, Director of Community Development Services
Address: 33530 First Way South, Federal Way, WA 98003
Date Issued: :~'[7-g/~"' Sir nat u r~'~'"/~lL~~,~''-
-:' , (:..--' .
L:~p KMS y S~)OCL~{ ENT~EP98 _1~ 42~md ns do<:
I::XHIBIT
PAGE .... /Y.
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF: )
) FWHE# 00 -12
SILVERWOOD PRELIMINARY PLAT & ) SEP98-0042 & SEP98-0036
ROSEWOOD LANE PRELIMINARY PLAT )
SEPA APPEALS )
)
)
.1. SUMMARY OF APPLICATION
The appeal of two Mitigated Determination of Nonsignificances (MDNS) pursuant
to the State Environmental Policy Act (SEPA) for the proposed preliminary plat applications
of Silverwood and Rosewood Lane.
II. PROCEDURAL INFORMATION
Hearing Date: September 25, 2000
Decision Date: October 9, 2000
At the hearing the following presented testimony and evidence:
1. Jim Harris, Senior Planner, City of Federal Way
2. Cary Roe, Director of Public Works, City of Federal Way
3. Bob Sterbank, Deputy City Attorney, City of Federal Way
4. Tom Barghausen, applicant, Nova Star Development, Inc., 18215 72'~ Ave.
South, Kent, WA 98032
5. Terry Brink, attorney for applicant, P.O. Box 1157, Tacoma, WA 98401
6. Charles Connon, appellant, 35530 6"' Ave. SW, Federal Way, WA 98023
7. Bernard Mottershead, appellant, 708 SW 357"' St., Federal Way, WA 98023
8. Ronald Lilley, 35615 6th Ave. SW, Federal Way, WA 98023
9. Patricia Owen, 926 SW 356"' St., Federal Way, WA 98023
10. Michael Rutter, 36619 6"' Ave. SW, Federal Way, WA 98023
11. David Moore, 35817 10"~ Ave. SW, Federal Way, WA 98023
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1. Staff Report with all attachments
2. Rosewood Lane Staff Report and attachments
3. Environment~al Appeals
4. Power Point Presentation
5. Letter from John Davis
6. Letter from Alma Bennett
7. Revised conditions
8. Letter from Ray Parke withdrawing appeal
9. HSPF Analysis dated 8-3-00 (revision)
10. Poster board of SW 356"' storm water faciliiy
11. Tern/Bdnk's Letter Memorandum
12. Letter from David Kaplan
13. Drawings for Silverwood submitted by Terry Bdnk
14. Drawings for Rosewood Land submitted by Terry Bdnk
15. Letter from Department of Fish and Wildlife dated December 2, 1999
16. Charles Connon's comments
17. Photos submitted by Barghausen Engineering
18. Wide angle photo submitted 'by Bernard Mottershed
19. Large photos submitted by Barghausen Engineering
20. Petition submitted by Michael Rutter
21. Bernard Mottershead's supplemental submission
22. Exhibit showing pipe under 356~ St.
23. Document - Affidavit of Distribution
24. Sign Installation Cedificate
25. Document Affidavit - September
26. Page 1-57 of the 1998 Surface Water Manual
27. Page 1~-35 of the 1998 Surface Water Manual
28. Public Notice (yellow sheet) published on City Hall doors
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. On October 6, 1998, the City received .a completed application for the 29.5 acre, 70
lot, cluster subdivision of Silverwood. On October 30, 1998, the City received a
completed application for the 4.7 acre, nine lot Rosewood Lane conventional
preliminary plat. Even though the plats are proposed for adjacent parcels and will
share a new access road; the City's responsible official (RO) determined that each
plat could be developed independently, that. they were therefore two separate
projects, and they should under separate review pursuant to the State
Environmental Policy Act (SEPA). Following SEPA review, the RO issued a
threshold Mitigated Determination of Nonsignificance (MDNS) for both subdivisions
on February 17, 2000.
4. On March 20, 2000, Michael Gendler, attorney at law representing Roy Parka,
timely filed appeals of the threshold determinations for both preliminary plats. On
March 17, 2000, Charles Connon and Bernard Mottershead, co-appellants, also
appealed both threshold determinations. On September 20, 2000, Roy Parka
withdrew his appeals of the threshold determinations of both projects based upon
3
the sale of his property to the plat applicant. The Connon/Mottershead appeal
consists of a March 17, 2000, letter signed by the appellants which incorporated an
attached March 3, 2000, letter signed by Mr. Connon; a February 23, 2000, letter
signed by Mr. Mottershead; and a November 19, 1998, letter signed by Mr.
Mottershead.
5. In reviewing the environmental impacts of a project Pursuant to SEPA and imposing
mitigating measures thereunder, the RO must first consider whether City
ordinances, state laws, and/or Federal requirements would mitigate an identified
significant impact (WAC 197-11-330(1)(c); 197-11-660(1)(e). In the Rosewood Lane
MDNS the RO determined that City ordinances did not mitigate two probable
significant adverse-environmental impacts, and imposed two mitigating measures
which the applicant agreed to satisfy. These mitigating measures prohibiting
clearing, grading, and street utility work for plat improvements from October 31,
2000, to March 30, 2000, unless approved in writing by the Public Works Director.
The second measure required off-site improvements to 6t* Ave. SW. Mitigating
measures in the Silverwood subdivision included the same limitation as to clearing,
grading, and street/utility work; required the fencing and signing of wetlands and
buffers; limited uses in Tract F; required the creation of nine new snag trees within
permanent open space areas; required off-site street improvements; and required
pro-rata share payments to City traffic improvement projects.
6. The Examiner has reviewed the appellants' appeal of the RO's threshold
determination, the City's response contained in its staff report, and the applicant's
response set forth in Exhibit "KK" to Exhibit "11" and finds that the issues raised are
either adequately addressed by existing ordinances and laws or do not allege
probable significant adverse environmental impacts. Alleged errors include the
failure to require a full drainage review for the over-excavation of the Bellacarino
Woods Tract A drainage pond; erroneously not considering the Rosewood Lane
and Silverwood plat applications jointly and together with the Bellacarino Woods
retention pond excavation as a single action under SEPA; failure to require an
environmental impact statement due to recent flooding in the vicinity of the project;
failure to address an inconsistency in the applicant's documentation; an allegation
that inadequate separation of three feet or more is not provided between the
groundwater table and the bottom of the excavated Tract A pond; an allegation that
an emergency overflow does not exist for the Tract A pond; failure to evaluate the
storm drainage plan under full drainage review and shared facility drainage plans;
invalid pond volume calculations; an incorrect HSPF hydrological analysis;
development of the Silverwood plat in an environmentally sensitive area; and
proposed usage of an existing, undersized 18 inch storm drainage line under S.
356th St.
7. All of the appellants' substantive issues, have either already been addressed or will
be addressed between preliminary and final plat approval. All storm drainage
issues including downstream conveyance systems are subject to standards adopted
by the Federal Way City Council. The expansion of the Bellacarino Woods storm
drainage pond has previously received environmental review, and since all storm
drainage within a large basin drains to said pond, it is proper to consider
environmental impacts associated with expanding the pond separately as opposed
to joining it with every project proposed within the basin. If the City elects to expand
the Bellacarino Woods pond into a regional storm drainage facility, such will require
further environmental review. Finally, the Silverwood plat protects and preserves all
environmentally sensitive areas on the site, in accordance with criteria adopted by
the City Council.
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. As stated by Division I of the Washington Court of Appeals in Des Moines v. Puqet
Sound Reqional Council, 98 Wn. App. 23 (1999):
SEPA is a procedural statute designed to ensure that local
governments consider the environmental and ecological effects of
major actions to the fullest extent. SEPA's purpose is to provide
decision-makers with all relevant information about the potential
environmental consequences of their actions and to provide a
basis for a reasoned judgment that balances the benefits of a
proposed project against its potential adverse effects. 98 Wn. App
23 at 365.
The applicant's environmental checklists coupled with the numerous studies
required by the City as set forth on pages one and two of the Final Staff Evaluation
for the Silverwood lot clustering preliminary plat, and additional studies to include
the Traffic Impact Analysis, revised hydrologicai assessments, and revised storm
drainage assessments provide the decision-makers with all relevant information
about the potential environmental consequences of plat development to include the
expansion and deepening of the Tract A pond in the Bellacarino Woods subdivision.
3. The RO did not err by deciding to consider Rosewood Lane and Silverwood as
separate applications for SEPA review. WAC 197-11-060(3)(b) states in part:
Proposals or pads of proposals are closely related, and they shall
be discussed in the same environmental document, if they: (i)
cannot or will not proceed unless the other proposals (or parts of
proposals) are implemented simultaneously with them; or (ii) are
independent parts of a larger proposal depend on the larger
proposal as their justification or for their implementation.
Silverwood and Rosewood Lane are independent, separate proposals which can
proceed independent of the other. While they may share access and storm drainage
facilities, they are under separate ownership, are under different zoning, and
propose different subdivision designs (traditional plat and cluster plat). Even so, the
City concurrently p~ocessed both plats, conducted concurrent SEPA reviews, and
issued threshold determinations concurrently. The RO correctly found no
compelling reason to merge the two environmental reviews into a single document.
Section 18-51(d) of the Federal Way City Code (FWCC) states in part as follows:
The determination by the City's responsible official shall carry
substantial weight in any appeal proceeding.
The appellants have not overcome their substantial burden of showing that the RO
erred in considering both plats and the work in the Bellacarino Woods retention
ponds in separate documents as opposed to the same environmental document.
4. RCW 43.21C.030(C) and WAC 197-11-330 require an environmental impact
statement for major actions significantly affecting the quality of the environment.
WAC 197-11-794 defines "significant" as "a reasonable likelihood of more than a
moderate adverse impact on environmental quality". WAC 197-11-794(2) states
that significance "does not lend itself to a formula or quantifiable test" as physical
setting, intensity, magnitude, and duration must all be considered. WAC 197-11-
330 establishes a process including criteda and procedure for determining whether
a proposal is likely to have a significant adverse environmental impact, including
specific considerations which the environmental official must evaluate. In the'
present case, the RO properly considered the definition of "significance" and
propedy followed the procedures and applied the tests set forth in WAC 197-11-330.
5. The case of Hayden v. Port Townsend, 93 Wn. 2d 870 (1980), holds that the
Hearing Examiner's standard of review for an MDNS appeal is "clearly erroneous".
A finding is "clearly erroneous" when although there is evidence to support it, the
Examiner is left with the definite and firm conviction that the RO made a mistake.
The burden is on the appellant to show that the RO's decision is cleady erroneous.
The Examiner has reviewed the appeal and finds that the appellants have not
satisfied their burden of establishing that the RO's decision to issue an MDNS was
clearly erroneous. The mitigating measures will mitigate possible adverse
environmental impacts.
6. Concerns were raised that a previous project (Forest Ridge) proposed for the same
site was required by the RO to prepare an ElS, but these two plats were not. The
Forest Ridge project proposed twice as many lots as the proposed plats and
included 55 acres as opposed to 30 acres. Furthermore, the Forest Ridge applicant
did not provide any of the studies requested by the RO to evaluate potential
environmental impacts and mitigation therefore. In the present case, the applicant
responded by submitting additional information pursuant to the RO's request in
accordance with WAC 197-11-335. The RO then determined, following receipt of
said information and negotiations with the applicant, that an MDNS could be issued
for the project pursuant to WAC 197-11-350. The MDNS process has been
specifically approved by the Washington Supreme Court in the cases of Hayden v.
Port Townsend, supra., and West 514 v. Spokane County, 53 Wn. App. 838
(1989).
7. The appellants also assert that the project should not go forward since it will require
condemnation of private properties for the storm drainage pond. Condemnation
issues are beyond the scope of the Examiner's jurisdiction and are within the
jurisdiction of the Superior Court.
DECISION:
The appeals of Charles Connon and Bernard Mottershead of the environmental
official's issuance of an MDNS for the preliminary plats of Silverwood and
Rosewood Lane are hereby denied.
DATED THIS ¢-~AY OF October, 2000.
Hearing Examiner
TRANSMITTED THIS DAY OF October, 2000, to the following:
APPLICANT: Novastar Development, Inc.
G. Wayne Potter
18215 72n~ Avenue South
Kent, WA 98032
ENGINEER: Barghausen Consulting Engineers, inc.
Robed J. Armstrong, PE
18215 72nd Avenue South
Kent, WA 98032
OWNER: Delores Ross
36107 6"` Ave. SW
Federal Way, WA 98023
B.J. Mottershead 708 SW 357"` St. Federal Way, WA 98023
Charles Connon 35530 6"` Ave. SW Federal Way, WA 98023
Michael D. Rutter 36619 6"' Ave. SW Federal Way, WA 98023
Linda Lorentzen 36607 9th Ave. SW Federal Way, WA 98023
David J. Moore 35817 10"` Ave. SW Federal Way, WA 98023
Carol Stiles 35816 10"` Ave. SW Federal Way, WA 98023
Terry Brink P.O. Box 1157 Tacoma, WA 98401
Larry Karpack 16300 Christensen Rd. #350 Tukwila, WA 98188
Leonard Hills 36404 6"` Ave. SW Federal Way, WA 98023
H. David Kaplan 30240 27"` Ave. S. Federal Way, WA 98023
James Geluso 32015 1st Ave. S. Federal Way, WA 98003
Ron Lilley 35615 6"` Ave. SW Federal Way, WA 98023
Skip Holman P.O. Box 130 Bellevue, WA 98009
Kevin L. Jones 11730 118"` Ave. NE #600 Kirkland, WA 98034
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 Heating 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.
Map Date: July 27. 2000
33530 First Way
i City of Rosewood Lane
Federal Way, WA 98003
and Silverwood
This map is intended for use as
Federal WayPreliminary Plat c~
warranty as to its accuracy.
Applications
Legend:
~.,.=,~,,,. &¢ City Limits
'~ 8~ I--I Right of Way*
~ F~ I~ Rosewood Lane
f¢ I~ Subdivision
~ -~- ~ Silverwood
=.,.=~,,~ Pil R 1~ I~ Subdivision
s.w. ~ ~. s.w. ~r. Space
~ fA ~_ __[] (~ [~[]~m I~ TmctBellacarin°A
I~ ~ ~e a ~ Detention Pond
B B B~ ~ ~ ~ *Not all dght of way
~ ~ :B !~ ¢ ~ is develop¢
, ,'-~-. Vicinity Map
&~,~m a. WA Y
Scale: 1 to 6240
1 Inch equals 520 Feet
0 500 Feet
EXHIBIT":~~
~ PAGE~O~
GIS
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Resolution seekin8 equity in aircraft departures from SeaTac Airport.
CATEGORY: BUDGET IMPACT:
X.~..CONSENT _,.,.~RESOLUTION Amount Budgeted: $ 0
ORDINANCE __STAFF REPORT Expenditure Amt: $ 0
BUSINESS PROCLAMATION Contingency Reqd: $ 0
HEARING STUDY SESSION
FYI OTHER
ATTACHMENTS: Staff memorandum dated October 23, 2000; draft resolution; City of Des Moines
letter dated Au~ust 15, 2000; Des Moines resolution number 881.
SUMMARY/BACKGROUND: Attached is a draft resolution seeking equitable distribution of north and
southbound aircraft departures from Seattle-Tacoma International Airport. Out of an estimated 450,000
departures, 69% or 310,500 flights depart to the south over Federal Way. An equitable split would reduce
the number of southbound fli~hts by 70,000 per year or nearly 200 per day.
CITY COUNCIL COMMITTEE RECOMMENDATION: On November 6, 2000, the Land Use and
Transportation Committee recommended forwarding the draft resolution to full Council for approval.
CITY MANAGER RECOMMENDATION: Motion to approve the resolution as recommended by the Land Use and
Transportation Committee.
APPROVED FOR INCLUSION IN COUNCIL PACKET, ~-~~x.
(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 #
dl 8:departurereso5
MEMORANDUM
DATE: October 23, 2000
To: Land Use/Transpgrtation Committee ([,UTC)
Phil Watkins, Chair
FROM: Greg Fe]~, Principal Planner
Vm: David anager
RE: Resolution Seeking Equity in Aircraft Departures from Seattle-Tacoma International
Airport
Recommendation
Land Use/Transportation Committee recommend City Council adoption of the draft resolution.
Background
Attached as exhibit A is a draft resolution seeking equity in the direction of a'trcrat~ departing from
Seattle-Tacoma International Airport ("Sea-Tac Airport"). The content of this resolution was
developed and adopted by the Des Moines City Counc'fl. By way of letter, the City of Des
Moines Mayor requests that other affected cities consider adopting similar resolutions (refer to
exhibit B).
At the request o£Chair Watkins, a similar resolution has been drafted and forwarded to the Land
Use/Transportation Committee for consideration. Content and data contained in the Des Moines
resolution has been verified. Only minor modifications have been incorporated into the attached
draft resolution.
The purpose of the resolution is to highlight the fact that aircraft departures occur more than
twice as frequently to the south as they do to the north of Sea-Tac Airport. Federal Aviation
Administration regulations regarding wind speed and visibility as well as coordination between
Sea-Tac Airport and Boeing Field do not justify the currently disproportionate number of flights
departing to the south. By equalizing north-south aircrat~ departures, the number of southerly
departures can be reduced by more than 70,000 per year, or nearly 200 per day. Port of Seattle
staff considered this issue with the recent Part 150 Noise Study and did not forward the matter to
the Port of Seattle Commission for further consideration.
If adopted by the City Council, the resolution would be distributed by cover letter under the
Mayor's signature to Airport Community Coalition cities, other area cities, Port of Seattle
Commission and staff, Federal Aviation Administration staff, local newspapers and others as
directed by City Council.
Exhibits
A Draft City of Federal Way Resolution
B August 15, 2000 City of Des Moines Letter and Resolution
d 17:departureveso3
DRAFT
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASH]~IGTON, seeking equity for all residents of
communities surrounding Seattle-Tacoma International Airport.
WHEREAS, those who live near the flight path of any airport know that noise and air
pollution are many times worse when planes are taking off overhead than when landing, and
WHEREAS, air traffic at Seattle-Tacoma International Airport flows to the south more
than twice as frequently as to the north, and
WHEREAS, as a result of this imbalance residents south of Seattle-Tacoma International
Airport are subjected to more than twice as much noise, fuel pollution, and exposure to the
potential of air traffic incident, and
WHEREAS, as a result of this imbalance residents south of Seattle-Tacoma International
Airport suffer more than twice the distraction in our schools, more than twice the interruption in
our sleep, our conversations, our recreation, and our train of thought and more than twice as
much intrusion into the peaceful enjoyment of our lives, and
WHEREAS, Federal Aviation Administration ("FAA") regulations require airplanes to
take off into the wind only when wind speed exceeds five (5) knots, a condition which occurs less
than half of the time from southerly directions at Seattle-Tacoma International Airport, and
Res. # , Page 1 ~/.~..
WHEREAS, "low visibility" conditions sufficient to require use of Seattle-Tacoma
International Airport's landing light system, which in turn requires south traffic flow rarely occur,
and
WHEREAS, regional flight considerations dictate coordination between Seattle-Tacoma
International Airport and Boeing Field, but should not dictate south flow as a routine, and
WHEREAS, by equalizing the north-south traffic flow, the number of take--offs suffered by
residents south of the airport can be reduced by more than seventy thousand (70,000) per year or an
average of nearly two hundred (200) per day, and
WHEREAS, Port of Seattle staff did consider this issue through the Seattle-Tacoma
International Airport Part 150 Study and did not forward a recommendation to the Port of Seattle
Commissioners for consideration; now therefore,
NOW THEREFORE, THE CITY COLINCIL OF THE CITY OF FEDERAL WAY
HEREBY RESOLVES AS FOLLOWS:
Section 1. The Port of Seattle, the FAA, and the King County Airport (Boeing Field)
should equalize the intrusion of airplane take-offs upon residents surrounding the airport by ensuring
an even fifty-fifty distribution in air traffic flow to the north and south.
Res. # , Page 2
Section 2. 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
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 3. Ratification. Any act consistent with the authority and prior to the
effective date of the resolution is hereby ratified and affirmed.
Section 4. 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,
20
WASHINGTON, this __ day of ,
CITY OF FEDERAL WAY
MAYOR, MInE PARK
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
INTERIM CITY ATTORNEY, BOB C. STERBANK
FILED WITH TIlE CITY CLERK:
PASSED BY THE CITY COUNCIl.:
Res. # , Page 3
KESOLUTION NO.
d 17:dcpa~turc~so2
Res. # , Page 4
~x,~T,,, ~ 4~/~
August 15, 2000
AUG 2 9 2000
Mike Park, Mayor
City of Federal Way
33530 1st Way S.
Federal Way, WA 98003
Dear Mayor Park:
I am wdting you on behalf of the City of Des Moines, and in suppod of south-end dtizens who are
seeking fairness in balancing of nodh-south air traffic flow out of Seattle-Tacoma International
Airpod.
The City of Des Moines recently passed a Resolution addressing this issue (copy enclosed). I am
hopeful you will consider a similar Resolution, as well as other ways in which you might support us.
In a r~utshell, here is the issue:
Residents who live anywhere near the airport know that noise and air pollution are many times
greater when planes are takin.q off than when landing. But did you know that air traffic take-offs
occur more than twice as frequently to the south as they do to the north? This imbalance greatly
affects our south end residents. Impacts include distraction of our children in our schools, and
interruption of our sleep, conversations, recreation, and t[ain of thought. In additien to these
quali¥of-life issues, there are economic impacts, as well. Our properly values are lower--as
much as 47% lower-and the cause has been credibly linked to impacts from the airport.
Why the unequal flow to the south?
At some times FAA regulations concerning wind speed and Iow visibility, as well as the need for
flight coordination between Sea-Tac and Boeing Field, require take-offs to the south. However,
these factors do not iustify anywhere near the present two-to-one south flow! In fact, we can
document that all of the above factors combined still should require that flights take off to the south
only about half the time.
,A ....
Mike Park, Mayor
City of Federal Way
August 15, 2000
What can we gain?
By equalizing north-south traffic flow, the number of take-offs suffered by residents south of the
airport can be reduced by. more than 70,000 per year, an averaqe of nearly 200 per day!
How can you help?
Cities and School Districts can help us address this matter in a significant way. By passing a
Resolution you will expand public awareness of this issue and endorse a cooperative approach
between the Port of Seattle, the FAA, and King County Airport.
The goal is faimess reqardin.q the impacts of air traffic on residents at beth ends of the airport.
Please consider passing such a resolution in your dty/district. And call me to let me know how we
can best work together on this.
Sincerely,
Scott lhomasson, Mayor
City of Des Moines
EXHIBIT
RESOLUTION NO. 881
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES
MOINES, WASHINGTON, seeking equity for all residents of
communities surrounding Seattle-Tacoma International Airport.
WHEREAS, anyone who lives anywhere near the flight path
of any airport knows that noise and air pollution are many times
worse when planes are taking off overhead than when landing, and
WHEREAS, air traffic at Seattle-Tacoma International
Airport flows to the south more than twice as frequently as to
the north, and
WHEREAS, as a result of this imbalance residents south of
Seattle-Tacoma International Airport are subjected to more than
twice as much noise, fuel pollution, and exposure to the
potential of air traffic incident, and
WHEREAS, as a result of this imbalance residents south of
Seattle-Tacoma International Airport suffer more than twice the
distraction in our schools, more than twice the interruption in
our sleep, our conversations, our recreation, and our train of
thought and more than twice as much intrusion into the peaceful
enjoyment of our lives, and
WHEREAS, FAA regulations require airplanes to take off
into the wind only when wind speed exceeds five (5) knots, a
condition which occurs less than half of the time from southerly
directions at Sea-Tac, and
WHEREAS, ~ "low visibility" conditions sufficient to
require use of Sea-Tac's landing light system, which in turn
requires south traffic flow rarely occur, and
WHEREAS, regional flight considerations dictate
coordination between Sea-Tac and Boeing Field, but should not
dictate south flow as a routine, and
WHEREAS, by equalizing the north-south traffic flow, the
number of take-offs suffered by residents south of the airport
can be reduced by more than seventy thousand (70,000) per year
or an average of nearly two hundred ~200) .per day; now
therefore,
THE CITY COUNCIL OF THE CITY OF DES MOINES RESOLVES AS FOLLOWS:
The Port of Seattle, the FAA, and the King County Airport
(Boeing Field) should work toward equalizing the intrusion of
airplane take-offs upon residents surrounding the airport. The
//
//
//
//
//
//
//
// [XHIBII , ,, ,
//
Resolution No. 881
Page 2 of 2
overriding goal should be an even 50/50 distribution in air
traffic flow to the north and south.
ADOPTED BY the City Council of the City of Des Moines,
Washington this 6th day of April, 2000 and signed in
authentication thereof this 6th day of April, 2000.
~ - t .~
'~MAYO R
APPROVED AS TO FORM:
fCi~y. Attorbey '
ATTEST:
City Clerk
EXH,8,T
MEETING DATE: November 21, 2000 ITEM#
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: AG00-153; 11th Place South Drainage Improvements Project - Final Project Acceptance
.... '~X~g~i~'~i .................................................................................................................................................................................
...................................................................................................................................... BUDGET IMPACT:
X CONSENT RESOLUTION Amount Budgeted: $
ORDINANCE STAFF REPORT Expenditure Amt: $
BUSINESS PROCLAMATION Contingency Reqd: $
HEARING STUDY SESSION
FYI OTHER
ATTACHMENTS: Memo to the Land Use and Transportation Committee dated October 24, 2000
SUMMARY/BACKGROUND: The referenced project has been completed and the contractor is now requesting
release of the retainage associated with the project. Prior to release of retainage on a Public Works project, the City
Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and
Industries requirements.
The final construction cost for the 11th Place South Drainage Improvements project was $72,999.00, which is
$15,442.10 below the approved construction contract budget of $88,441.10 (including 10% construction
contingency).
CITY COUNCIL COMMITTEE RECOMMENDATION: At it's November 6, 2000 meeting the Land Use
and Transportation Committee forwarded the following items to the City Council:
1. Accept the 11th Place South Drainage Improvements project in the amount of $72,999.00 as
complete;
2. Authorize release of contract retainage to C A Goodman Construction Company, Inc.
.... ....
project in the amount of $72,999.00 as complete, and to authorize release of contract retainage to C A Goodman
Construction Company, Inc.
..... ................................................................................................................
(BELOgV 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\l I pi s drainage-final.doc
CITY OF~
DATE: October 24, 2000
TO: Phil Watkins, Chair
Land Use and Transportation Committee
V~A: David H. Mo~nager
SUB3ECT: AG00-1$3~ 11TM Place South Drainage Improvements Project- Final Project
Acceptance
Background:
The referenced project has been completed and the contractor is now requesting release of the retainage
associated with the project. Prior to release of retainage on a Public Works project, the City Council must
accept the work as complete to meet State Department of Revenue and State Department of Labor and
Industries requirements.
The final construction cost for the 11~ P/ace Eouth Drainage Improvements project was $72,999.00 which is
$15,442.10 below the approved construction contract budget of $88,441.10 (including 10% construction
contingency).
Recommendation:
Staff recommends that the following be placed on the November 21, 2000 Council Consent Agenda for
approval:
1. Accept the 11th Place South Drainage Improvements project in the amount of $72,999.00
as complete;
2. Authorize release of contract retainage to C A Goodman Construction Company, Inc..
K:~LUTC~000\I1 PI S Storm Drain Pipe Repair ProJect-Rnal Acceptance.doc
MEETING DATE: November 21, 2000 ITEM#
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Cops More 98 Award Supplemental #1
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 approval letter from the U.S. Department of
Justice.
SUMMARY/BACKGROUND: The Federal Way Department of Public Safety has received approval from the
Department of Justice (D.O.J.) for a one-year renewal pertaining to the COPS More 98 award. The purpose of
this award is to provide redeployment of police officers back to the streets by funding civilian positions.
Initially, D.O.J. awarded the Department funding for two civilian positions, Crime Analyst and Fiscal
Specialist, including a computer and printer to support the Crime Analyst. City Council approved this
award contingent upon the reduction of the Fiscal Specialist position.
CITY COUNCIL COMMITTEE RECOMMENDATION: Motion to move this request to the City Council
Meeting scheduled November 21, 2000, for authorization and execution of the COPS More 98 renewal
award in the Federal amount of $36,083.00 and local match in the amount of $12,028.00, for a total
renewal award amount of $48,111.00.
CITY MANAGER RECOMMENDATION: Motion to authorize the City Manager 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 #
I~1~4 SE
CITY OF FEDERAL WAY
DEPARTMENT OF PUBLIC SAFETY DEPARTMENT
Date: November 13, 2000
To: Parks, Recreation, Human Services & Public Safety Council Committee
Thomas J. Chaney, Sr., Interim Chief of Police '"~~
From:
Via: David Moseley, City M'~nag~2rx~-
Subject: Cops More 98 Award Supplemental # 1
Background: The Federal Way Department of Public Safety has received approval from the
Department of Justice (D.O.J.) for a one-year renewal pertaining to the COPS More 98 award. The
purpose of this award is to provide redeployment of police officers back to the streets by funding
civilian positions.
Initially, D.O.J. awarded the Department funding for two civilian positions, Crime Analyst and
Fiscal Specialist, including a computer and printer to support the Crime Analyst. City Council
approved this award contingent upon the reduction of the Fiscal Specialist position.
Committee Recommendation:
Motion to move this request to the City Council Meeting scheduled November 21, 2000, for
authorization and execution of the COPS More 98 renewal award in the federal amount of
$36,083.00 and local match in the amount of $12,028.00, for a total renewal award amount of
$48,111.00.
~.~a~..~ --~/~,.~~.~APPROVAL OF COMMITTEE REPORT:~tg/~,/x ~
,~ffmmittee Chair Comditte~Member ~{n ittee Member
I/LAURA/MS/AGENDA/PS/I 113900/CM98renewal
U. S. Department of Justice
Office of Community Oriented Policing Services (COPS)
Qffice of the Director
1100 germont.dvenue,
Washington, DC 20530
May 18, 2000
Director Ronald T Wood
Federal Way, City of
34008 Ninth Avenue South
Federal Way, WA 98003
Dear Director Wood:
I am pleased to inform you that your request for a renewal of your COPS MORE 98 grant has been approved. As
you know, this funding is for the continued federal support of the civilian positions that you were awarded under your
original COPS MORE 98 Award. We expect this renewal will enable your agency to maintain the level of
redeployment outlined in your original grant.
As a result of this renewal, your grant period has been extended for an additional year. (Your new grant end date
appears on the actual Renewal Award document). We understand that this may not be sufficient time to complete the
full draw-down of renewal funds (as well as complete grant requirements under your original grant) and therefore you
will be able to request an extension of your grant period at a later date.
Please be advised that this renewal award was made with the understanding that your agency had not already
budgeted state or local funds to pay for the renewed civilian position(s). If our understanding was incorrect, and your
agency has in fact received a commitment of state or local funding to pay for the civilian position(s) covered by tiffs
renewal award, please contact your COPS Grant Advisor at 1-800-421-6770 upon receipt of this letter so that we may
determine whether your agency's implementation of this renewal award will comply with the nonsupplanting
requirement of the COPS statute, which prohibits the use of COPS funds to supplant (replace) state or local funds that
would be spent irrespective of the COPS funding.
Enclosed in this packet is your Renewal Award document, which you must sign and return to the COPS Office
within 90 days to officially accept your renewal. Failure to remm the signed award document within the 90 day period,
could result in withdrawal of the funding without further notice from the COPS Office. On the renewal document you
will fmd the renewal amount as well as the amount of fimds previously awarded. The renewal award is a supplement to
your original grant, so your grant number will remain the same.
If you have any questions regarding your renewal, please contact the Department of Justice Response Center at
1-800-421-6770 or call your grant advisor.
Sincerely,
Thomas Frazicr
Director
MEETING DATE: November 21, 2000 ITEM#
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Janitorial Services agreement #AG 99-28
CATEGORY: BUDGET IMPACT:
X CONSENT RESOLUTION Amount Budgeted: $
ORDINANCE STAFF REPORT Expenditure Amt: $
BUSINESS PROCLAMATION Contingency Reqd: $
HEARING STUDY SESSION
FYI OTHER
ATTACHMENTS: Memo from Interim Chief Chaney regarding the Parks, Recreation, Human Services
and Public Safety Committee recommendation, and the second amendment to the Maintenance/Labor
agreement for Janitorial Services for the Department of Public Safety.
SUMMARY/BACKGROUND: Effective January 1, 1999, the City of Federal Way and Squeegee Clean
Window Cleaning and Janitorial, Incorporated, entered into a Maintenance/Labor Agreement following the bid
process. Squeegee Clean provides a skilled independent contractor capable of working without direct
supervision, in the capacity of janitorial services. The original term, January 1, 1999 through December 31,
1999, and compensation of$15,800.00 was extended by one additional year with Council approval, amending
the term to be continued until December 31, 2000 and increasing the compensation by $15,800.00, for a two-
year total compensation not to exceed $31,600.00. Details as follows:
1999 P/O 034894 15,800.00 12,395.00 3,405.00
2000 Contract P/O 039927 15,800.00 12,750.00 3,050.00
2001 Requesting Purchasing 15,800.00 - pending-
As we prepare for the year 2001, the Department is requesting authorization to extend the Agreement terms for
a one-year final extension and increase the total compensation by $15,800.00, not to exceed $47,400.00,
payable to Squeegee Clean Window Cleaning and Janitorial, Incorporated for services rendered. Upon
completion of the final third year, January 1,2001 through December 31, 2001, the Department will administer
a Request for Quote for Janitorial Services to test the fair value market.
CITY COUNCIL COMMITTEE RECOMMENDATION: Motion to move this request to the City Council
Meeting scheduled November 21, 2000 for consideration to amend the Janitorial Services Agreement.
CITY MANAGER RECOMMENDATION: Motion to authorize the City Manager to approve the amendment of
the Janitorial Services Agreement.
APPROVED FOR INCLUSION IN COUNCIL PACKET..:~-~q^/k
(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 #
ITfl{ 5F
CITY OF FEDERAL WAY
DEPARTMENT OF PUBLIC SAFETY DEPARTMENT
Date: November 13, 2000
To: Parks, Recreation, Human Services & Public Safety Council Committee
From: Thomas J. Chancy, Sr., Interim Chief of Police
Via: David Mo nager
Subject: Janitorial Services Agreement #AG 99-28
Background: Effective January 1, 1999, the City of Federal Way and Squeegee Clean Window
Cleaning and Janitorial, Incorporated, entered into a Maintenance/Labor Agreement following the
bid process. Squeegee Clean provides services of a skilled independent contractor capable of
working without direct supervision, in the capacity of janitorial services. The ofiginalterm, January
1, 1999 through December 31, 1999, and compensation of $15,800.00 was extended by one
additional year with Council approval, amending the term to be continued until December 31, 2000
and increasing the compensation by $15,800.00, for a two-year total compensation not to exceed
$31,600.00. Details as follows:
1999 P/O 034894 15,800.00 12,395.00 3,405.00
2000 Contract P/O 039927 15,800.00 12,750.00 3,050.00
2001 Requesting Purchasing
Authority 15,800.00 - pending-
As we prepare for the year 2001, the Department is requestingauthorizationto extend the Agreement
terms for a one-year final extension and increase the total compensation by $15,800.00, not to
exceed $47,400.00, payable to Squeegee Clean Window Cleaning and Janitorial, Incorporated for
services rendered. Upon completion of the final third year, January 1, 2001 through December 31,
2001, the Department will administer a Request for Quote for Janitorial Services to test the fair value
market.
I~laura~genda\ps\l 11300Uanitext
FWDPS
Page 2 of 2
Committee Recommendation:
Motion to move this request to the City Council Meeting scheduled November 21, 2000 for
authorization to amend the Janitorial Services Agreement as follows; to extend the term for one
additional year and increase the compensation by $15,800.00 for janitorial services rendered in this
final 12 month extension, payable to Squeegee Clean Window and Janitorial,Incorporated. All other
terms and conditions will remain the same.
l\laura\agenda\ps\l 11300Uanitext
DRAFT
TO
MAINTENANCE/LABOR AGREEMENT //~ ~/&e.,
FOR
JANITORIAL SERVICES FOR THE
DEPARTMENT OF PUBLIC SAFETY
This Second Amendment ("Amendment") is effective the 1st day of January 2001, and is
entered into by and between the City of Federal Way, a Washington municipal corporation ("City"),
and Squeegee Clean Window Cleaning and Janitorial, Inc., a Washington corporation
("Contractor").
A. The City and Contractor entered into a Maintenance/Labor Agreement effective the
first day of January 1999, whereby Contractor agreed to "JANITORIAL SERVICES
FOR THE DEPARTMENT OF PUBLIC SAFETY."
B. Modification Section 18.2 of the Agreement allows for amendments or
modifications to the Agreement by written agreement signed by the Parties.
C. The City and the Contractor desire to amend the Agreement to extend the term of
the Agreement and to increase the compensation paid to the Contractor for
rendering of said services.
NOW, THEREFORE, the Parties agree to the following terms and conditions:
1. Term. Section 2 of the Agreement shall be amended to extend said services and shall
continue until December 31, 2001.
3. Compensation. Section 4.1 of the Agreement shall be amended to increase the
compensation paid to the Contractor by $15,800.00 for the completion of this twelve-month
extension for said services. Total contractual compensation is not to exceed $47,400.00. The City
shall pay the Contractor a monthly payment not to exceed One Thousand, Two Hundred Seventy-
Five and No/100 Dollars ($1,275.00); provided, however, should the City request window washing
(up to four times per year), the City shall pay the Contractor an additional amount not to exceed
One Hundred Twenty-Five Dollars and No/100 ($125.00) for each request.
4. Full Force and Effect. All other terms and conditions of the Agreement not modified
by this Amendment shall remain in full force and effect.
DATED the effective date set forth above.
CITY OF FEDERAL WAY
By:
David H. Moseley
Its City Manager
33530 1st Way South
Federal Way, Washington 98003
ATTEST:
City Clerk, N. Christine Green, CMC
APPROVED AS TO FORM:
Interim City Attorney, Robert Sterbank
SQUEEGEE CLEAN WINDOW CLEANING
AND JANITORIAL, INCORPORATED
By:
(Signature)
Its:
(Title)
30643- 2"d Avenue Southwest
· Federal Way, WA 98023
(253) 941-6271
i~contracts~otherconttacts~janitorialX2ndamendX112100
MEETING DATE: November21,2000 ITEM#
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Uniform Dry Cleaning Agreement #AG-99-96
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, and the second amendment to the Services Agreement for
Uniform Dry Cleaning for the Department of Public Safety.
SUMMARY/BACKGROUND: Effective January 1, 1999, the City of Federal Way and Bel Custom Cleaners, a
Washington corporation, entered into a Services Agreement following the bid process. Bel Custom Cleaners
was the only vendor to respond from five vendors contacted. The original term was from January 1, 1999
through December 31, 2000 with an annual compensation of $15,068.28. In October 1999, Council approved
the first amendment to increase the annual compensation in 1999 by $14,500.00 to $29,568.28 and in 2000 by
$14,931.72 to $30,000.00 for a two-year total compensation of $59,568.28. Details are as follows:
1999 P/O 034994 -Jan Only; 2,415.26 2,415.26
Bid in process
1999 Contract P/O 036777; 12,653.02 12,653.02
excludes Jan 99 invoice
12/99 Increase Compensation 14,500.00 13,947.96 552.04
2000 Contract P/O 039927 15,068.28 15,068.28 -
12/99 ~ensation 14,931.72 7,585.71 7,346.01
2001 Requesting Purchasing 30,000.00 - -
Authority
As we prepare for the year 2001, the Department is requesting authorization to extend the Agreement terms for
a one-year final extension and increase the total compensation by $30,000.00, not to exceed $89,568.28,
payable to Bel Custom Cleaners for services rendered. Upon completion of the final third year, January 1,
2001 through December 31,2001, the Department will administer a Request for Bid for Dry Cleaning Services
to test the fair value market.
CITY COUNCIL COMMITTEE RECOMMENDATION: Motion to move this request to the City Council
Meeting scheduled November 21, 2000 for consideration to amend the Dry Cleanin~ Uniform Services Agreement.
CITY MANAGER RECOMMENDATION: Motion to authorize the City Manager to approve the amendment of
the Services Agreement.
INCLUSION IN COUNCIL PACKET:~'"-\/~/k--/Xx,
APPROVED
FOR
(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 #
I~
CITY OF FEDERAL VqA¥
DEPARTMENT OF PUBLIC SAFETY DEPARTMENT
Date: November 13, 2000
To: Parks, Recreation, Human Services & Public Safety Council Committee
From: Thomas J. Chancy, Sr., Interim Chief of Police ~
Via: David Moseley~~ager
Subject: Uniform Dry Cl[aning Agreement #AG-99-96
Background: Effective January 1, 1999, the City of Federal Way and Bel Custom Cleaners, a
Washington corporation, entered into a Services Agreement following the bid process. Bel Custom
Cleaners was the only vendor to respond from five vendors contacted. The original term was from
January 1, 1999 through December 31, 2000 with an annual compensation of $15,068.28. In
October 1999, Council approved the first amendment to increase the annual compensation in 1999
by $14,500.00 to $29,568.28 and in 2000 by $14,931.72 to $30,000.00 for a two-year total
compensation of $59,568.28. Details are as follows:
1999 Contract P/O 034994 - _
' I 2,415.261 2,415.26 -
1999 Contract P/O 036777; I
~ I 12,653.02 I 12,653.02
12/99 Increase Compensation 13,947.96
552.04
2000 Contract P/O 039927 [ 15,068.28 I 15,068.28 -
12/99 Increase ~_~_l ......................... 14,9_3.1 ._'~_ I .......... 7,585.71 7,346.01
2001 R. equesting Purchasing . _
l~laura\agenda\ps\ 111300\drycleanext
FWDPS
Page 2 of 2
As we prepare for the year 2001, the Department is requesting authorizationto extend the Agreement
terms for a one-year final extension and increase the total compensation by $30,000.00, not to
exceed $89,568.28, payable to Bel Custom Cleaners for services rendered. Upon completion of the
final third year, January 1, 2001 through December 31, 2001, the Department will administer a
Request for Bid for Dry Cleaning Services to test the fair value market.
Committee Recommendation:
Motion to. move this request to the City Council Meeting scheduled November 21, 2000 for
authorization to amend the Dry Cleaning Uniform Services Agreement as follows; to extendthe term
for one additional year and increase the compensation by $30,000.00 for uniform dry cleaning
services rendered in this final 12 month extension, payable to Bell Custom Cleaners. All other terms
and conditions will remain the same.
l~laura\agenda\ps\ 111300\drycleanext
DRAFT
SECOND AMENDMENT /II~c/L/toO
TO
SERVICES AGREEMENT
FOR
UNIFORM DRY CLEANING FOR THE
DEPARTMENT OF PUBLIC SAFETY
This Second Amendment ("Amendment") is effective the 1st day of January 2001 and is
entered into by and between the City of Federal Way, a Washington municipal corporation ("City"),
and Bel Custom Cleaners, a Washington corporation ("Contractor").
A. The City and Contractor entered into a Services Agreement effective the first day of
January 1999,whereby Contractor agreed to "UNIFORM DRY CLEANING FOR
THE DEPARTMENT OF PUBLIC SAFETY".
B. Modification Section 14.2 of the Agreement allows for amendments or
modifications to the Agreement by written agreement signed by the Parties.
C. The City and the Contractor desire to amend the Agreement to extend the term of
the Agreement and to increase the compensation paid to the Contractor for
rendering of said services.
NOW, THEREFORE, the Parties agree to the following terms and conditions:
1. Term. Section 2 of the Agreement shall be amended to extend said services and shall
continue until December 31, 2001.
2. Compensation. Section 4.1 of the Agreement shall be amended to increase the
compensation paid to the Contractor by $30,000.00 for the completion of this twelve-month
extension for said services. Total contractual compensation is not to exceed $89,568.28.
4. Full Force and Effect. All other terms and conditions of the Agreement not modified
by this Amendment shall remain in full force and effect.
DATED the effective date set forth above.
CITY OF FEDERAL WAY
By:
David H. Moseley
Its City Manager
33530 1st Way South
Federal Way, Washington 98003
ATTEST:
City Clerk, N. Christine Green, CMC
APPROVED AS TO FORM:
Interim City Attorney, Robert Sterbank
BEL CUSTOM CLEANERS
By:
(Signature)
Its:
(Title)
22220 - 7~h Avenue South
Des Moines, WA 98198
(253) 824-0753
i\cont racts\othercontracts\drycleaning~2ndamend\112700
- 2 -
MEETING DATE: November 21, 2000 ITEM#
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Quit Claim Deed for Tract A of the Plat of Applewood
.... .................................................................................................................................................
CONSENT _X_RESOLUTION Amount Budgeted:
ORDINANCE STAFF REPORT Expenditure Amt:
BUSINESS PROCLAMATION Contingency Reqd:
X HEARING STUDY SESSION
FYI OTHER
ATTACHMENTS: Memo to the Land Use and Transportation Committee dated October 21, 2000; copy of
letter from King County; quit claim deed; and Resolution.
SUMMARY/BACKGROUND: In December of 1992, King County transferred 39 plat drainage tracts to the
ownership of Federal Way. Last year in 1999 it was discovered that one of these drainage tracts was in the Plat of
Applewood, which is not inside the Federal Way city limits. The City requested that King County correct the tract
ownership and the attached letter and quit claim deed were received from them.
Since the drainage tract was quit claimed to the City by mistake, and the tract is not inside the City limits, staff
recommends re-conveying the property back to King County as requested.
CITY COUNCIL COMMITTEE RECOMMENDATION: At it's November 6, 2000 meeting the Land Use
and Transportation Committee forwarded the following items to the City Council:
1. Re-conveyance of Tract A of the Plat of Applewood for drainage purposes back to King County.
2. Approve the attached Resolution and provide that the Council meeting serves as the required Public
Hearing.
CITY MANAGER RECOMMENDATION: Motion to authorize re-conveyance of Tract A of the Plat of
Applewood for drainage purposes back to King County as authorized in the attached Resolution, which provides for
the required Public Hearing.
..... ...........................................................................................................
(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\applewood quit claim.doc
CITY OF ~=~
DATE: November 6, 2000
TO: Phil Watkins, Chair
Land Use and Transportation Committee
FROM: Ken Miller, Deputy Public Works Director
VIA: David H. M:~anager
SUBJECT: Quit Claim Deed for Tract A of the Plat of Applewood
BACKGROUND
In December of 1992, King County transferred 39 plat drainage tracts to the ownership of
Federal Way. Last year in 1999 it was discovered that one of these drainage tracts was in the
Plat of Applewood, which is not inside the Federal Way city limits. The City requested that
King County correct the tract ownership and the attached letter and quit claim deed were
received from them.
Since the drainage tract was quit claimed to the City by mistake, and the tract is not inside the
City limits, staff recommends re-conveying the property back to King County as requested.
RECOMMENDATION
Staff recommends placing the following items onto the November 21, 2000 Council agenda for
approval.
1. Re-conveyance of Tract A of the Plat of Applewood for drainage purposes back to
King County.
2. Authorize preparation of a Resolution for Council's consideration and provide that the
Council meeting serves as the required Public Hearing.
k:\lutc~000\quit claim plat of applewood.doc
RECEIVED
JUN 2 6 2000
Property Services Division
Department of
Construction and Facilitic~ Management FEDERALWAY PUBLIC WORKS
King County Administration Building ADMINISTRATION DMSION
500 Fourth Avenue Room 500
Seattle, Washinston 98104
(206) 296-7470
TDD (206) 296-0100
FAX (206) 296-0196
June 23, 2000
Jeff Pratt, P.E., Surface Water Manager
City of Federal Way
33530 1~t Way So.
Federal Way, WA 98003
RE: Tract A - Applewood
Dear Mr. Pratt:
In December 1992, a number of tracts were transferred to the City of Federal Way for drainage
purposes. One of the properties Included in the transfer was a drainage tract located outside
the City of Federal Way boundaries. This error was brought to our attention last year and a
letter subsequently forwarded to the City (see attached).
In order for the property to be returned to King County ownership, the City of Federal Way
must quit claim the parcel back to King County. To assist the City with the re-c, onveyance, we
have prepared a Quit Claim Deed for the City's review. If the Deed meets with the City's
approval, please have the appropriate party sign the Deed and retum it to my attention for
recording.
Please contact me at (206) 296-7494 if you have any questions. Thank you for your
assistance.
Sincerely,
Carol J. ThoMpson, Inventory & Sales Officer
CT
Enclosures
Filed For Record At Request Of
AFTER RECORDI'NG RETURN TO:
K.C. Property Services Division
500A King County Admin. Bldg.
500 Fourth Avenue
Seattle, WA 98104
QUIT CLAIM DEED
GRANTOR: City of Federal Way
GRANTEE: King County
LEGAL -: Tract A, Applewood '
TAX No.: 025:L30-0340
The Grantor, the CITY OF FEDERAL WAY, a municipal corporation of the State
of Washington, for and in consideration of mutual benefits, receipt of which is hereby
acknowledged, conveys and quit claims unto the Grantee, K1~NG COUNTY,
WASHI~NGTON, a political subdivision of the State of Washington the following
described real estate, situated in King County, Washington, together with all after
acquired title of the Grantor herein:
Tract A, Applewood, as recorded in Volume 142 of Plats,
pages 56 - 59, records of King County, Washington.
This parcel was inadvertently included within that certain Deed between King County,
as Grantor, and the City of Federal Way, as Grantee, as recorded under Recording
No. 9212311858, and is being re-conveyed to King County.
King County shall have full and complete responsibility for the operation,
maintenance, repairs, and any improvements to the site.
DATED this. day of ,2000.
CITY OF FEDERAL WAY
By:
Title:
STATE OF WASHINGTON).
)ss
COUNTY OF KING )
I certify that is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument, and acknowledged it as the
of to
be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
DATED
NOTARY PUBLIC in and for the State
of Washington, residing at
My appointment expires
k:\contract\2OOO\king co quit daim deed - applewood.doc
DRAFT
RESOLUTION NO. ]l - Ig'- o ~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, DECLARING A SURPLUS
OF TRACT A OF APPLEWOOD, AND AUTHORIZING
EXECUTION OF QUIT CLAIM DEED.
WHEREAS, RCW 35A.80.010 permits the City of Federal Way to protect and
operate utility services as authorized by law, including RCW 35.94; and
WHEREAS, in 1992 King County transferred thirty-nine drainage plats to the City of
Federal Way, and the City of Federal Way owns Tract A of Applewood, as described in the attached
Exhibit A and incorporated by this reference as if set forth in full; and
WHEREAS, one of the transferred drainage tracts in the Applewood Plat is located
outside the city limits in unincorporated King County; and
WHEREAS, RCW 35.94.040 and 35.67.010 permit the Federal Way City Councilto
determine that any land, property or equipment originally acquired for public utility (including storm
drainage) purposes is surplus to the City's needs and is not required for providing continued public
utility service, and to sell or convey such land, property, or equipment after determining the fair
market value, rent, or other terms or conditions for such disposition; and
WHEREAS, King County previously owned the drainage tract located at Tract A,
Applewood; and
WHEREAS, King County requests that the City reconvey Tract A of Applewood to
the County, and
Res. # , Page 1
WHEREAS, on November 21, 2000, pursuant to RCW 35.94.040, the City Council
held a public hearing to consider King County's request;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
HEREBY RESOLVES AS FOLLOWS:
Section 1. Declaration of Surplus Property. Tract A of Applewood is hereby
declared to be surplus to the City of Federal Way's needs and not required for providing continued
public utility services, because it is outside the city limits and of no value to the City.
Section2. DeterminationofValue. BecauseTractAofApplewoodwaseonveyedto
the City at no cost, and is of no value to the City, the City will transfer back Tract A of Applewood
to King County for closing costs only.
Section 3. Authorization for 0uit Claim Deed. Based on the foregoing, the City
Council hereby authorizes the City Manager to release any interest the City may have in Tract A of
Applewood by executing a quit claim deed acceptable to the City Attorney and substantially in the
form attached as Exhibit B hereto.
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 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 this resolution is hereby ratified and affirmed.
Section 6. Effective Date. This resolution shall be effective immediately upon
passage by the Federal Way City Council.
Res. # , Page 2
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this __ day of November, 2000.
CITY OF FEDERAL WAY
MAYOR, MIKE PARK
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
INTERIM CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
K:~RESO/applewood
Res. # __, Page 3
EXHIBIT "A"
Tract A, Applewood, as recorded in Volume 142 of Plats,
Pages 56 - 59, records of King County, Washington.
Res. # , Page 4
Filed For Record At Request Of
AFTER RECORD]:NG RETURN TO:
K.C. Property Services Division
500A King County Admin. Bldg.
500 Fourth Avenue
Seattle, WA 98104
QUTT CLAIM DEED
GRANTOR: City of Federal Way
GRANTEE: King County
LEGAL -: Tract Ar Applewood '
TAX No.: 025:L30-0340
The Grantor, the Ct-FY OF FEDERAL WAY, a municipal corporation of the State
of Washington, for and in consideration of mutual benefits, receipt of which is hereby
acknowledged, conveys and quit claims unto the Grantee, KING COUNTY,
WASHINGTON, a political subdivision of the State of Washington the following
described real estate, situated in King County, Washington, together with all after
acquired title of the Grantor herein:
Tract A, Applewood, as recorded in Volume 142 of Plats,
pages 56 - 59, records of King County, Washington.
This parcel was inadvertently included within that certain Deed between King County,
as Grantor, and the City of Federal Way, as Grantee, as recorded under Recording
No. 9212311858, and is being re-conveyed to King County.
King County shall have full and complete responsibility for the operation,
maintenance, repairs, and any improvements to the site.
DATED this day of ,2000.
CiTY OF FEDERAL WAY
By:
Title:
STATE OF WASHINGTON) .
)ss
COUNTY OF KING )
I certify that is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument, and acknowledged it as the
of to
be the free, and voluntary act of such party for the uses .and purposes mentioned in
the instrument.
DATED
NOTARY PUBLIC in and for the State
of Washington, residing at
My appointment expires
k:\contract\2000\king co quit daim deed - applewood.doc
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
CATEGORY: BUDGET IMPACT: $53,119,447 - 2001
$56,713,795 - 2002
CONSENT RESOLUTION Amount Budgeted: $
X ORDINANCE STAFF REPORT ExpenditureAmt: $
~ BUSINESS PROCLAMATION Contingency Reqd: $
HEARING STUDY SESSION
FYI OTHER
ATTACHMENTS: 2001-2002 Budget Ordinance and Exhibit A.
SUMMARY/BACKGROUND: The City Manager has submitted the City's proposed 2001-2002 budget to
the City Council for consideration. The Council has held two public hearings on September 19th and
November 7th allowing for citizen comment on the proposed budget document. This budget ordinance
CITY COUNCIL COMMITTEE RECOMMENDATION:
CITY MANAGER RECOMMENDATION: Adopt Council bill $$256.
APPROVED FOR INCLUSION IN COUNCIL PACKET: - ~ ./~j~.
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED COUNCIL BILL #
DENIED 1st Reading
__.TABLED/DEFERRED/NOACTION Enactment Reading
ORDINANCE $$
RESOLUTION #
CCCOVER-5/24/94
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, RELATING TO
BUDGETS AND FINANCE, ADOPTING THE 2001-02
BIENNIAL BUDGET.
WHEREAS, the tax estimates and budget for the City of
Federal Way, Washington, for the 2001-02 fiscal biennium have been
prepared and filed as provided by the laws of the State of
Washington; and
WHEREAS, the budget was printed for distribution and
notice published in the official paper of the City of Federal Way
setting the time and place for hearing on the budget and said
notice stating that all taxpayers calling at the Office of the City
Clerk would be furnished a copy of the budget; and
WHEREAS, the City Council of the City of Federal Way,
having held a public hearing on the budget on November 7, 2000,
and having considered the public testimony presented; NOW,
THEREFORE,
' THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
ORD. # , PAGE 1
Section 1. 2001-02 Biennial Budqet. That the budget for
the 2001-02 biennium is hereby adopted in the amounts and for the
purposes as shown on the attached Exhibit A ("2001 and 2002
Adopted Budgets").
Section 2. Administration. The City Manager shall
administer the Biennial Budget and in doing so may authorize
adjustments to the extent that they are consistent with the budget
approved herein.
Section 3. 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 4. Ratification. Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
Section 5. Effective Date. This ordinance shall be
effective Ganuary 1, 2001.
ORD. # , PAGE 2
PASSED by the City Council of the City of Federal Way
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 STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K: \F iN\ 010 2BDGT\ORDINANCE\BUDGET01 &0 2 · WPD
ORD. # , PAGE 3
EXHIBIT A
2001/2002 ADOPTED BUDGET
Total Total
Fund 2001 2002
General Fund $ 28,193,434 $ 27,493,893
Special Revenue Funds:
Street 3,399,526 3,482,526
Arterial Street 1,622,832 1,626,113
Utility Tax 4,452,949 4,485,844
Solid Waste/Recycling , 262,427 266,208
Special Contract/Studies _
Snow & Ice 100,000 -
Hotel/Motel Lodging Tax 90,000 90,000
2% for Arts
Grants - CDBG 591,177 470,907
Paths and Trails _
Impact Fee
Strategic Reserve 132,500 132,500
Airport Strategic Reserve _
Debt Service Fund 4,785,693 6,855,232
Capital Project Funds:
Capital Project-City-wide 750,000
Capital Project-Parks 228,000 155,000
Capital Project-SWM 756,701 2,466,579
Capital Project-Transportation 18,000 1,373,000
Enterprise Fund:
Surface Water Management 3,896,415 3,269,666
Dumas Bay Centre 897,635 665,422
Internal Service Funds: _ _
Risk Management 628,200 630,650
Information Systems 1,354,067 1,219,517
Mail & Duplication 158,839 157,660
Fleet & Equipment 874,276 453,668
Buildings & Furnishings 676,776 669,410
Grand Total All Funds $ 53,119,447 $ 56,7~3,795
MEETING DATE: November21, 2000 ITEM//
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: 2001 Property Tax Rate
CATEGORY: BUDGET IMPACT:
CONSENT RESOLUTION Amount Budgeted: $
X ORDINANCE ~ STAFF REPORT ExpenditureAmt: $
BUSINESS PROCLAMATION Contingency Reqd: $
HEARING STUDY SESSION
FYI OTHER -
SUMMARY/BACKGROUND: The City Council must establish the property tax levy for the year 2001.
The Council has held public hearings on September 19th and November 7th inviting citizen comment on the
City's budget and the proposed property tax levy. Considering these comments at the study session on
November 14th, the City Council discussed the property tax levy and budget recommendations. This
property tax levy is based on the 2% increase plus an additional amount for new construction and
annexations.
CITY COUNCIL COMMITTEE RECOMMENDATION:
CITY MANAGER RECOMMENDATION: Approve Council Bill #257.
....................................................................................................
(BELOW' TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED COUNCIL BILL #
. DENIED 1st Reading
TABLED/DEFERRED/NOACTION Enactment Reading
ORDINANCE #
RESOLUTION #
KSfin\0102bdgt\ordinance~agendabillpr .~ptax.do~
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, FIXING THE
PROPERTY TAX AMOUNT FOR THE YEAR 2001.
WHEREAS the City Council of the City of Federal Way has
met and reviewed its budget f~r the 2001/02 biennium; and
WHEREAS the City Council, in the course of considering
the biennium budget has reviewed sources of revenue and examined
all anticipated expenses and other city obligations for the city
during the year 2001; and
NOW, THEREFORE, BE IT ORDAINED, by the City Council of
the City of Federal Way that the increase for the ~egular levy for
the calendar year 2001 shall be 102.0% plus the increase in
assessed value resulting from annexation and/or new construction at
approximately 1.9% for a total of 103.9%.
Section 1. Levy. There shall be and t. here is hereby
levied against the property in the City of Federal Way, Washington,
a municipal tax for the year 2001 for the purposes of paying the
general 'expenses of municipal government in the amount of
$7,305,829.
ORD. # , PAGE 1
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 five (5) 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 , 2000.
CITY OF FEDERAL WAY
MAYOR, MIKE PARK
ORD. # , PAGE 2'
ATTEST:
CITY CLERK, N. CHRISTINE GREEN,CMC
APPROVED AS TO FORM:
INTERIM CITY ATTORNEY, ROBERT STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K: \FI N\ 010 0 2BDGT\ORDINANCE\TAXLEVY2 0 01 . DOC
ORD. # , PAGE 3
MEETING DATE: November21, 2000 ITEM#
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
CATEGORY: BUDGET IMPACT:
__ CONSENT RESOLUTION Amount Budgeted: $
X ORDINANCE STAFF REPORT ExpenditureAmt: $
~ BUSINESS PROCLAMATION Contingency Reqd: $
HEARING STUDY SESSION
FYI OTHER
ATTACHMENTS: Draft Ordinance. Background Materials: November 6, 2000 Staff Report to the Land Use
Transportation Committee (LUTC) including Exhibit A -Land Use Chart and Exhibit B- October 18, 2000
Planning Commission Report; documents from City of Bellevue litigation in which 660 foot separation was
upheld.
SUMMARY/BACKGROUND: The City Council amended the FWCC in 1999 to permit adult uses in the
Community Business (BC) zone. As part of those amendments, the code requires that these uses be 1000 feet from
any residential use. Based on language in the code and the legislative record, staff has interpreted this separation
requirement as not applying to non-conforming residential uses located within the BC or adjacent BP zone. This
code amendment contained in the attached ordinance codifies that interpretation. In addition, based on the
recommendation of the LUTC, it also reduces the minimum distance required between respective adult uses from
1000 to 660 feet. This distance (660 feet) is approximately the size of a City block as contemplated under the
City's Comprehensive Plan, and is consistent with a similar requirement in the City of Bellevue Code and, until
very recently, the King County Code. This distance was also upheld in 1996 by the King County Superior Court as
a reasonable distance.
CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC discussed the proposed amendments
during a public meeting on November 6, 2000 and recommendedto forward the proposed amendments to the full
Council for first reading on November 21, 2000.
CITY MANAGER RECOMMENDATION: Motion to move to second reading and enactment at the next
regular meeting.
.... ..................................................................................................
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
~ APPROVED COUNCIL BILL #
~ DENIED ORDINANCE #
~ TABLED/DEFERRED/NO ACTION RESOLUTION #
I:\2000 Code AmendmentshMiscellaneous Code Amendments\Council Cover Agenda.doc/l 1/14/00 4:02 PM
K:~gnditem~Adult Use Amend 2
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22
OF THE FEDERAL WAY ZONING CODE, ADOPTING
SPECIFIC AMENDMENTS TO THE ADULT USE
REGULATIONS.
A. Amendments to the Federal Way City Code (FWCC) text are authorized
pursuant to FWCC Section 22-216 pursuant to Process VI review; and
B. The Federal Way City Council has considered proposed changes to the
FWCC regarding adult uses; and
C. The Federal Way City Council, pursuantto FWCC 22-517, having determined
the Proposal to be worthy of legislative consideration, referred the Proposal to the Federal
Way Planning Commission as a priority item for its review and recommendation; and
D. The Federal Way Planning Commission, having considered the Proposal at
public hearings during 2000 on October 18th pursuant to FWCC Section 22-523, and all
public notices having been duly given pursuant to FWCC Section 22-528; and
E. The public was given opportunities to comment on the Proposal during the
Planning Commission review; and
F. Following the public hearings, the Planning Commission submitted to the
Land Use and Transportation Committee of the City Council its recommendationin favor of
proposed zoning text amendments adding sections to the FWCC as noted previously; and
ORD # , PAGE I
G. The Federal Way Land Use and Transportation City Council Committee met
on November 6, 2000 to consider the recommendation of the Planning Commission and
take public comment; and has moved to forward the Proposal, with amendments,to the full
City Council; and
H. There was sufficient opportunity for the public to comment on the Proposal;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findin_clS. After full and careful consideration, the City Council of the City
of Federal Way makes the following findings with respect to the Proposal and the proposed
amendments to the Federal Way City Code ("FWCC"):
1. The Federal Way City Council adopted the Federal Way Comprehensive Plan
in order to comply with the state's Growth Management Act; and
2. The proposed code amendmentswould not adversely affect the public health,
safety or welfare; and
3. The Planning Commission, following notice thereof as required by ROW
35A.63.070, held a public hearing on the proposed regulatory amendments and provided
opportunity for public testimony, written comments, and material from the public by and
through said hearings.
Section 2. Conclusions. Pursuant to FWCC Section 22-216 and based upon the
Findings set forth in Section 1, the Federal Way City Council makes the following
ORD # , PAGE 2
Conclusions of Law with respect to the decisional criteria necessary for the adoption of the
Proposal:
The Proposal is consistent with the Comprehensive Plan goals and policies.
Section 3. Amendment. The Federal Way Subdivision Code, Chapter 20, and
Zoning Code, Chapter 22, is amended to provide as set forth in Exhibit A, and by this
reference is incorporated herein.
Section 4. 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 $. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 6, Effective Date. This ordinance shall take effect and be in force five (5)
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 ,2000.
CITY OF FEDERAL WAY
MAYOR, MIKE PARK
ORD # , PAGE 3
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
INTERIM CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K:\Ordin~dult Retail Amend 2
ORD # , PAGE 4
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 30, 2000
TO: Phil Watkins, Chair
Land Use and Transportation Committee (LUTC)
FROM: Kathy McClung. Interim Director of Community Development Services
VIA: David Moseley, City Manager
SUBJECT: Planning Commission Recommendation - Adult Use Retail amendment to Chapter 22
(Zoning) of the Federal Way City Code.
I. ~TRODUCTIONANDBACKGROUND
The Federal Way City Council amended the Adult Entertainment, Activity, Retail or Use (Adult
Uses) Section of the Federal Way City Code in 1999 to permit these uses in the Community
Business (BC) zone under certain circumstances. The BC zone is the only zone, which currently
permits these uses. At that time, the staff looked at sensitive uses in relation to adult uses such as
daycares, churches, and schools and recommended 1000 foot setbacks from those uses. Since then,
city staff have received inquiries about locating current adult retail from other parts of the city to the
BC zone. It has been suggested that language in Section 22-763 would prevent adult uses from
locating within 1000 feet of a non-conforming residential use. This was not the intent of that code
provision, and the City has never interpreted it that way. The Planning Commission
recommendation eliminates the requirement of adult uses to setback 1000 feet from non-conforming
residential uses.
Attached are the following:
Exhibit A - Proposed Ordinance with Planning Commission recommendations incorporated
Exhibit B- October 18, 2000, City of Federal Way Planning Commission Report (Staff Report
to the Planning Commission)
The proposed amendments have been prepared in "line-in/line-out" format, with strikeouts
(proposed deletions) and underline (proposed additions) indicated.
II. REASON FOR COUNCIL ACTION
FWCC Chapter 22, "Zoning," Article IX, "Process VI Review," establishes a process and criteria
for FWCC text amendments. Consistent with Process VI review, amendments to the FWCC text
must be approved by the City Council based on a recommendation from the Planning Commission.
III. PLANNING COMMISSION RECOMMENDATION
As discussed below in Section IV-- Procedural Summary of this staff report the Planning
Commission conducted a public hearing on the proposed text amendments to the FWCC regarding
adult uses on October 18th, 2000. No members of the public attended the public hearing.
The Planning Commission considered the proposed FWCC text amendments in light of the
decisional criteria outlined below in Section Vofthis report. By a unanimous vote of the Planning
Commission, the Planning Commission recommended that the City Council adopt a text
amendment to eliminate the non-conforming residential uses from the 1000 foot setback rule as
recommended by staff. The Planning Commission recommended draft, which identifies the
proposed text amendments to the FWCC regarding adult uses is attached as ExhibitA.
IV. PROCEDURAL SUMMARY
October 18, 2000: Planning Commission Public Hearing
November 6, 2000: Land Use Committee
V. DECISIONAL CRITERIA
FWCC Section 22-528 provides criteria for FWCC text amendments. The following section
analyzes the compliance of the proposed land use review processes text amendments with the
criteria provided by FWCC Section 22-528.
The city may amend the text of the FWCC only if it finds that:
(1) The proposed amendment is consistent with the applicable provisions of the comprehensive
plan;
The Comprehensive Plan does not specifically address adult uses or non-conforming
residential uses. The proposed amendment is not inconsistent with the Comprehensive Plan.
(2) The proposed amendment bears a substantial relationship to public health, safety, or
welfare; and
The goal of the City is to provide adequate sites for adult uses as provided within the law,
without jeopardizing the city center and residentially zones neighborhoods.
(3) The proposed amendment is in the best interest of the residents of the city.
The proposed FWCC text amendment will retain adult uses within the Community Business
zone, without requiring additional sites in zones that the city would find less desirable.
City of Federal Way LUTC Report August 1, 2000
Land Use Review Processes FWCC Text Amendments Page 2
VI. COUNCIL ACTION
Pursuant to FWCC Section 22-541, after consideration of the Planning Commission report and, at
its discretion holding its own public hearing, the City Council shall by majority vote of its total
membership take the following action:
1. Approve the proposed Zoning Code text amendments by ordinance;
2. Modify and approve the proposed Zoning Code text amendments by ordinance;
3. Disapprove the proposed Zoning Code text amendments by resolution; or
4. Remand the proposed Zoning Code text amendments back to the Planning Commission for
further proceedings. If this occurs, the City Council shall specify the time within which the
Planning Commission shall report back to the City Council on the proposed text amendments.
I LT.000 Code AmendmentsLMiscellaneous Code Amendments'~LUTC Staff Report on Phase 1 Amendments.doc/10/31/00 4:04 PM
City of Federal Way LUTC Report August !, 2000
Land Use Review Processes FWCC Text Amendments Page 3
EXHIBIT
PAG E_L_.OF..Z__
CITY OF FEDERAL WAY
PLANNING COMMISSION REPORT
Adult Use Retail Regulations
Federal Way City Code (FWCC) Amendments
A. INTRODUCTION
FWCC Chapter 22, Zoning, Article IX, Process VI Review, establishes a process and criteria
for Zoning Code text amendments. Consistent with Process VI review, the role of the
Planning Commission is as follows:
1. To review and evaluate the proposed Zoning Code text amendment regarding adult use
location criteria;
2. To determine whether the proposed Zoning Code text amendment meets the criteria
provided by FWCC Section 22-523; and,
3. To forward a recommendation to City Council regarding adoption of the proposed
Zoning Code text amendment.
B. BACKGROUND
In 1999, the City Council last amended the Adult Entertainment, Activity, Retail, or Use
(Adult uses) Section of the FWCC to allow these uses in the Community Business (BC)
zone under certain conditions, and to prevent them from locating in the City Center Core
and Frame. At that time, the staff looked at sensitive uses in relation to adult uses such as
daycares, churches, schools, and in certain circumstances, residential uses, and
recommended 1000 foot setbacks from those uses. Since then, city staff has received
inquiries about locating current adult retail from other parts of the City to the BC zone. It
has been suggested that language in Section 22-763 would prevent adult uses fi'om locating
within 1000 feet of a nonconforming residential use. This was not the intent of that code
provision, and the City has never interpreted it that way.
There are pockets of nonconforming residential in both the Business Park and Community
Business zones. These are for the most part, single-family homes that were built before
commercial uses intruded their neighborhood. Nonconforming single-family uses are
viewed differently than homes in residential zones because these areas will eventually be
converted to commercial uses and the Zoning Code generally does not permit actions that
extend the life of these nonconforming uses. Protecting these uses from the adverse effects
of adult uses or other uses permitted in the BC zone would create a disincentive to the
phased replacement of nonconforming uses with permitted uses intended by the Code.
In accordance with the City's practice, this Code amendment is being requested to. codify
the City's interpretation of Section 22-763. The amendment would not create any new sites
available for adult uses, but rather would provide the same number of sites available under
the existing Code.
C. CODE AMENDMENT
Remove the requirement for the 1000-foot setback for adult uses from nonconforming
residential uses within the Business Park (BP) and Community Business (BC) zoning
districts.
D. COMPLIANCE WITH FWCC SECTION 22-523
FWCC Section 22-523 provides criteria for zoning text amendments. The following section
analyzes the compliance of the proposed zoning text amendment regarding subdivision and
development review processes with the criteria provided by FWCC Section 22-523.
The City may amend the text of Chapter 22, Zoning, only if it finds that:
1. The proposed amendment is consistent with the applicable provisions of the
comprehensive plan;
The Comprehensive Plan does not specifically address adult uses or nonconforming
residential uses. The Proposed amendment is not inconsistent with the Comprehensive
Plan.
2. The proposed amendment bears a substantial relationship.to public health, safety, or
welfare; and
The goal of the City is to provide adequate sites for adult uses as provided within the
law, without jeopardizing the city center and residentially zoned neighborhoods.
3. The proposed amendment is in the best interest of the residents of the city.
The proposed FWCC text amendment will retain adult uses within the Community
Business zone, without requiring additional sites in zones that the City would find less
desirable.
City of Federal Way Planning Commission Report October 18, 2000
Adult Use Retail Regulations FWCC Text Amendments Page 2
EXHIBIT,
PAGE
F. STAFF RECOMMENDATION
Staff recommends amending the land use chart for adult entertainment, activity, retail, or
use in the Community Business zone (Section 22-763) to clarify that the 1000-foot setback
does not apply to nonconforming residential uses in the BP and BC zoning districts.
G. PLANNING COMMISSION ACTION ALTERNATIVES
Consistent with the provisions of FWCC Section 22-535, the Planning Commission may
take the following actions regarding the proposed Zoning Code text amendments:
1. Recommend to City Council for adoption of the Zoning Code text amendments as
proposed;
2. Modify the proposed Zoning Code text amendments and recommend to City Council
for adoption of the Zoning Code text amendments as modified;
3. Recommend to City Council that the proposed Zoning Code text amendments not be
adopted; or,
4. Forward the proposed Zoning Code text amendments to City Council without a
recommendation.
H. RECOMMENDED MOTION
The following motion is suggested:
Move to recommend to City Council for adoption of the proposed Zoning Code text
amendments regarding setbacks from non-conforming residential uses within the
Community Business and Business Park zones from adult uses (if changes occur as a result
of Planning Commission deliberations add, "as amended by the Planning Commission").
I. EXHIBIT
Exhibit A - Sec. 22-763. Adult entertainment, activity, retail, or use ("Adult Uses").
i:~J)OCUMENVFL4,DUL'I'~ct 2000 Revision Staff Rcpon.dooLast printed 10/12/2000 01:25 PM
City of Federal Way Planning Commission Report October 18, 2000
Adult Use Retail Regulations FWCC Text Amendments Page 3
11/14/2000 11:48 FAX 2066237022 Preston Gates & Ellls ~002
RECEIVED
z JAN 1 2
3 DEPARTMENT OF
4 JUDICIAL ADMINISTRATION
g ~ ~ ~O~ ~ CO~ O~
9 ~ C~ O~ ~~, )
11 v_ ~~ ~0 ~ C~ O~
) -
I3 Dffend~ts.
14
15 ~S ~~ ha~g come bffo~ ~ ~ upon the motion for su~ jud~cnt by
~6 ~e CiW ofBe~e ou ~e ~d ~d~ Compl~t by
17 ~s conso~ a~o~ ~d~e Co~ h~g he~d ~e orfl ~ment off.se1 on ]~u~ 12,
18 1995, ~d ~g ~~ ~at it h~ consider~ tho fo~o~ ~ers ~ suppo~ of and ~ opposition
19
to the motion:
20 (1) Motion for S~ Jud~e~ by The Ci~
21 (2) M~o~dum ~ Suppo~ of Motion for S~~ Jud~ent by CiW of Bdle~e;
22
(3) Dec~afion ofL~ S~ey;
23
(4) D~l~on ofJo~ S.'Ur~;
24
(5) Decl~on ofM~daHamde~ .
25
(~' D~afion ofB~h ~;
O~ER G~G S~Y ~G~ TO ~ CiTY OF
11/14/2000 11:48 FAX 2066237022 Preston Gates & Ellis
~003
1 (7) Declaration of FaithLumsden;
2 (S) DeclaratiOn of Stephen A. Smith;
3 (9) Defendants' Reply to Plaintl/Ps Motion for Summary ludgrnent;
4 (10) Declaration orR. Bruce Mc, Laughlin;
5 (11) Declaration of Sherelynn Lehman;
6 (12) Declaration ofGiToea Lev~,
7 (13) Reply Memorandum of the City of Bellevue in Support of its Motion for Summary
g ~[udgmcnt; .
9 (14) Defendant's Reply Memorandum in Opposition to Motion for Summary ]'udgment;
10 (15) Third Amended Complaint;
11 together with all exlu'bits and attachments to ail of the foregoing;
I2 AND, being fully appri~ed of .all pertinent matters and all other pleading~ and records on frle
13 herein, now, therefore,
14 IT IS B~.n~:.ny ORDI/RI/D THAT summary judgment for the City of Bellevue is appropriate
15 because there are no genuine i~,~ues of material fact and the City of Bellevue is entitled to a judgment
16 a~ a matter o£1aw dism/ss/ng with p~judice the Third Amended Complnint of Factoria Center
17 InveXanents, Inc, et al Corm,mi for the City is directed to prepare an appropriate form of judgment
-'
for submission to
18 me cour~ .
D^rm
19
· ' .
21
22 HOtq'ORABLE'CAROL A. $CHAPII~
23
25
ORDF_& GKANTING SUMMARY JUDG-MENT TO THE CITY
BELLEVUE - 2
· ~A~I ~17~-~.Q23~HP1~_.DOC
11/14/2000 11:48 FAX 2066237022 Preston Gates & Ellls ~004
1 Presented by;
2. PI~$TON GAT~ &
Step, jehU. a_ Smi-~
5 Robert B. E~tchell,
Attorneys for Plainti~
6 City of Bellevue
?
Approved as to Form;
S Notice of Presentation Waived:
9 LAW OFFICES OF GILBERT LEVY
1 ! By Gilbert L~o5, WSBA N~4805
12 Attomey~ for Dcf~ndant~
Fa~oria Center Invemm~nts, In,., ~ al.
14
15
16
17
18
IS}
20
21
22
23
24
25
26
ORDER GIC~.NTING SUMMARY JUDG~'NT TO THE CITY OF
PIer. TON OATI~ · ~s
~T.T.~ - ~ ~~~
11/~14/2000 11:48 FAX 2066237022 Preston Gates & Ellls ~005
abDve. '"
6 nf Wasi]in~on. residin~ at
GILBERT H.
8 ~ ~ FOR ~ CO~ OF ~G
9 ~ CITY OF BELLE~, )
No. 9~2-32814-0
10 PI~, { [Ofi~n~y, 9~2-25779~]
)
11 V_ ) DECL~TION OF F~TH L~D~'
~ S~PORT OF C~Y OF BELLE~'S
12 FACTO~A CE~R ~S~s, ~C.. { MORON FOR S~y
et al., )
13 ).
14 Defen~t. )
)
15
16 F~ L~SD~ do~ he~y ~ upon p~n~ ofpeOu~ und~ ~ la~ of the
ofW~n~o~ ~ follows:
17
I8 1. I ~ the ~si~t Dk~or of~e D~mem of Co~u~ Development ('D~") of the
19 Ci~ of Bell~e (the "Ci~"), md I m~ ~ d~l~don on my o~ person~ ~owl~g~.
20 2. ~ 1992 the Ci~s ~d Um Code ~n~ in se~on 20.20_127 a'~sp~ion r~uk~ment
21 ofe00 feet for ~ult enteaai~ent u~. ~is r~ment imposed a ~t-b~k of 600 feet b~een an
22 adult enteaai~t use and eith~ ~y other adult ente~i~ent use or ~y school, residential use,
23 park, c~ld ~e sedco, ~li~ous ~li~ or youth center. At that time ~g Coun~ had
24 enacted a dispersion requirement of 660 ~t ~ i~ i~d me re~lafions.
25 3. In 1992 ~d e~ly 1993 the Ci~ cont~platcd the annexation Of~v~ p~cels ofprope~
in u~nco~orated ~ng Count, includ~g Ne~o~ ~lls, ~tgate, Factofi~ Newc~tle, and some
26
DECL~TION OF FM~ L~SD~ ~ S~PORT.OF CITY
OF BELLE~'s MOTION FOR S~y ~G~T - I ~OSaA~,
11/14/2000 11:49 FAX 2066237022 Preston Gates & Ellis ~006
1 Cougar Mountain parcels. Each of those pamela would have been subject to then-existing King
2 County land use r~,ulafions, including the 660-foot dispersion requirement.
3 4. The City elected to change its 600-foot dispersion requirement to 660 feet to establish a
4 consistency b~tw~n the City and King County, and to maintain that consistency for any annexed
5 property. The City r~.lied on the findings in King County Ordinance No. 9915 that a 660~foot setback
6 would serve a substantial governmental interest in addressing the adverse secondary effects of'adult
7 entertainment Uses. The City passed Ordinance No. 4536 on May 24, 1993, amending Land Use
8 Code § 20.20.127 to increase the dispersion requirement for adult entertainment uses to 660 feet. A
9 copy of that Ordinance is attached as Exhibit A.
10 5. The City's rationale for the dispersion requirement was that adult entertainment uses
11 should be separated from any place where c, hildren and families were likely to congregate. The
12 r~quirement also disperses adult entertainment uses so that. they do not accumulate in a particular part
13 of the City, The dispersion distance was set to equal that of King County. It is also the approximate
14 distance ora downtown city block. Although some of the City's downtown blocks approach 1,000
15 feet, the measurements average about 660 f~t. City blocks outside downtown range fi.om less than
16 200 feet in length to more than 1,000 fe~t_
17 6. The increase in the dispersion distance was not made to keep any adult entertainment dse
18 out of the City. No such uses in the City were affected by the change. The increase was consistent
19 with our purpose to set a distance consist~t with the existing King County requirement.
20 DATED this ofl~n~1995.in Bdlevue, Washington.
22 FAITH LUMSDEN
23
24
25
DECLAKATION OF FAITH LUMSDEN IN SUPPORT OF CITY
OF BELLEVUE'S MOTION FOR SUMMARY JUDGMENT - 2' ~'~-a'ro~aA~S
~ COLUMIIL~
J:~.101 ?~I~]O,023~HP~VX.DOC ff{~! FIFTH
S~'I-I'L~ W.A.q~HIN~-TON ~ID~-70711
11/14/2000. 11:49 FA~ 2066237022 Preston Gates & Ellis ~ 007
05/05/93
CITY OF BELLEVUE, WASHINGTON
ORDINANCE NO. 4536
AN ORDINANCE relating to adult entertainment land
uses; amending Section 2 of Ordinance.No. 3884 and
Section 20.20.127 of the Bellevue City Code (Land Use
Code).
WHEREAS, adult entertainment land uses are permitted in the City of
Bellevue subject to certain limitations including a 600 foot dispersion
requiremeht separating such uses from other adult entertainment uses and
from certain sensitive uses including residences, religious facilities,
parks, day care facilities, youth centers, and schools; and
WHEREAS, adult entertainment land uses are permitted in King County
subject to similar limitations except that the dispersion requirement is
660 feet instead of 600 feet; and
WHEREAS, the City of Bellevue finds'it is important to have
regulations regarding adult entertainment land uses that coincide, when
practical, with adjacent jurisdictions; and
WHEREAS, 'an increase in Bellevue's dispersion requirement from 600 to
660 feet would have no impact on currently established adult entertainment
land uses and would have only a minor impact on the amount'of land in the
City that would be available for. adult entertainment land uses; and
WHEREAS, the City of Bellevue ~as complied with the State
Environmental Policy Act and the City's Environmental Procedures Code~ now
therefore, ,.
THE CITY COUNCIL OF THE CITY OF BELLEVUE, WASHINGTON, DOES ORDAIN AS
FO L LOWS:
Section 1. Section 2 of Ordinance No. 3884 and Section 20,20,127 of
the Bellevue City Code (Land Use Code) are amended to.read as follows:
20.20.!27 Adult Entertainment Uses
A. Adult entertaihment uses are prohibited within 660 feet of any
residential land use district (R-1 - R~30), single or multiple
family residence, public or private school (preschool~twelfth
grade), religious facility, public park, 'child care service, day
care center, community youth centerj massage parlor, or .other
adult entertainment use.
B, Massage parlors ara prohibited fro~ locating within 660. feet of
any existing adult entertainment use, and adult entertainment
uses are prohibited from locating within 660 feet of any
existing massage parlor.
Exhibit -..
11/14/2000 11:49 FAX 2066237022 Preston Gates & Ellls ~008
C
WP0121£-0flD.
05/05/93
(
C. The 660 foot distance shall be a straight, horizontal line,
measured from the nearest point of that portion of a lot
proposed to be used for an adult entertainment use (generally,
the enclosed building or indoor leased space, excluding, for.
example, parking areas, landscaping or tenant common areas} to
the nearest point of:
1. That potion of a lot used for another adult entertainment
use;
Z. A lot owned o~ leased, or that portion of a lot leased
(excluding common areas), for a residence, public or private
school (preschool-twelfth grade), religious facility, public
park, child care service, day care center, or c~mmunity
youth center; or
3. A residential l~d use district (R-l- R-30).
Section 2. This ordinance shall take effect and be in force five
days after its passage and legal publication.
PASSED by the City Council this ~/~'~day of %?~- _, I993, and ''
_ signed in authentication of its p~ssage this ~Y~.~- d~y of
'%-~ ~/~ , 1993. ~.:.
(SEAL) "'
Ca~ Bozeman, Mayor
Approved as to fora:
Ric~~ndrews, City Attomey
l~' ch~ rkb~ ,'x~As s i st~t 6~ty
Attest:
,.. Myrn~ L. Basich, City Clerk
'- Pub 1 i shed_ ~ ~ ~ IL~I.~L3 ,.
11/14/2000 11:49 FAX 2066237022 Preston Gates & Ellls ~]009
RECEIVED
1
4
IN THE SUPER/OR COURT OF WASHTNGTON FOR EING COUNTY
5
FACTORIA CENTER INVESTMENTS, )
8 INC. and AJZ Inc., ) NO. 94-2-32814-0
)
7 Plaintiffs, ) THIRD AMENDED
) CO~LAINT POR INJUNCTIVE
8 v. ) AND DECLARATORY RELI~.P
) AND DAMAGE~
9 CITY OF BELLEVUE )
)
10 De fendant. )
)
11
12 INTRODUCTORY STATEMENT
13 1. This is an action seeking injunctive and declaratory relief
14 and damages against the city of Bellevue, based upon the threatened
15 enforcement of Bellevue city Code § 5.08.010 et. seq., the Adult
18 Cabaret Licensing Ordinance, and the City of Bellevue's Adult
17 Entertainment Zoning Ordinances, Bellevue City Code §§ 20.10.440 and
18 20.20.127. The Plaintiffs maintain that these ordinances violate
19 rights afforded by the First and Fourteenth amendments to the United
20 States Constitution, and Article 1, Section 3, 5, and 12 of the
21 Washington Constitution.
22 PARTIES
23 2. The Plaintiff Factoria Center Investments is a Washington
'24 Corporation in good standing.
25 3. The Plaintiff AJ2 Inc. is a Washington Corporation in good
26 standing. The shareholders, officers and directors of both Plaintiffs
27 are the same.
28
THIRD AMENDED COMPLAINT FOR
INJ AND DECL RELIEF & DAMAGES - i Gi~bertH. Levy
AltOmey
at Law
Suil.
2001 Wealerrl
Avenue
SuaVe. W~J~ngtnn
9e121-*
(~06) ~43-0670
Fa~ (206) 448.2~2
11/14/2000 11:49 FAX 2066237022 Preston Gates & Ellis [~010
1 4- The Defendant City og Bellevue is a municipal carporatioL
2 organized under the laws of the State of Washington.
$ JURISDICTION AND VENUE
4 5. The Defendant maintains offices and transacts business in
5 King County, Washington. The acts complained of herein have occurred
6 and will continue to occur in King County, washington.
7 ~CTUAL B~SIS OF THE COMPLAINT
8 6. The Plaintiff Factoria Center Investments owns the real
9 estate and the building at 12402 SE 38th Bellevue, Washing%on and AJZ
10 Inc. is the tenant in possession of that property. In December, 1994,
41 the Plaintiff. AJZ applied for and received a Cabaret License pursuant
12 to Bellevue City Code, (hereinafter BCC), 5.08.010(E), which defines
lS a cabaret as:
any room, place, or space, whatsoever in the city in
14 ~hic~ any music, singing, dancing or similar entertainment
15 is permitted in connection with any hotel, restaurant, cafe,
club, tavern, eating place, directly selling food, serving
16 or providing the public, with or without charge, food or
liquor. The words "music or entertainment" as used herein
~7 shall not apply to radios or mechanical devices.
18 7. In December, 1994, the Plaintiffs began operating their
19 business which consisted of a non-alcoholic nightclub, featuring
20 female dancers. The name of the business is "Babe's".
21 8. On December 20, 1994, the Defendant city of Bellevue filed
22 an action against the Plaintiff Center Investments in the King County
23 Superior Court under cause No. 94-2-32814-0. That action sought
24 injunctive relief against the Plaintiff for operating as an "adult
25 cabaret" without a license, contrary to BCC 5.08.020, and for
26 violating the zoning restrictions contained in BCC 20.20.127. BC~
27 20.20.127 prohibits adult entertainmen~establishments from operating
28 THIRD AMENDED COMPLAINT' FOR
INJ AND DECL RELIEF & DAMAGKS - 2 Gilbert H. Levy
~ We~em Avenue
11/14/2000 11:49 FAX 2066237022 Preston Gates & Ellls ~]011
1 within 660 feet from certain specified uses. The plaintiff's lot
2 not conform to this set back requirement.
3 9. On December 22, 1994, . in Cause No. 94-2-32814-0, the King
4 county Superior Court issued a temporary restraining order, a true and
5 correct copy of which is attached hereto as- Exhibit A. The order
6 restrained the Plaintiff Factoria from violating the adult cabaret
7 ordinance by providing adult entertainment without a license and from
8 providing adult entertainment within six hundred and sixty fee~ of
9 certain specified uses contrary to the requirements of BCC 20.20.127.
10 10. On January 10, 1995, the King County Superior Court ~ntered
11 an order consolidating this action and the companion action, Cause No.
12 94-'2-32814-0, for all further proceedings. ,
13 11. On January 10, 1995, the parties appeared before the King
14 County Superior Court on cross motions for a preliminary injunction.
lS Bellevue sought to continue the temporary restraining order pending
18 trial on the merits and Factoria sought to restrain Bellevue from
17 enforcing the Adult Cabaret Ordinance, alleging that certain portions
18 of that ordinance were unconstitutional. Following-a hearing, the
19 Superior Court entered an' order, a true and correct copy of which is
20 attached hereto and incorporated herein as Exhibit B. In the order,
21 Bellevue agreed that Factoria was presently operating its business
22 within the scope of its cabaret license and it was therefore
25 unnecessary for the Court to address Factoria's constitutional claims.
24 The temporary restraining order was continued pending trial on the
~§ merits and Factoria's cross motion was denied without prejudice to
26 raise constitutional claims at a later point in the proceeding.
27
28 THIRD AMENDED COMPLAINT FOR
INJ AND DEcL RELIEF & DAMAGES - 3 Gilbert H. Levy
Al~'nel, ~ Law
11/14/2000 11:49 FAX 2066237022 Preston Cares & Ellis ~012
, .C C.
1 12. Bellevue city Code § 5.08.010A defines an "adult cabaret"
2
3 . any premises, including any cabaret premises, to which
any member of the public is invited or admitted and where an
4 entertainer provides adult entertainment to any member of
the public.
5
13- Bellevue city Code § 5.08.010B defines "adult entertainment"
as: '.
?
1. _ Any exhibition, performance or dance of any type conducted
8 in a premises where much exhibition, performance or dance
involves a person who ia unclothed or in much costume,
9 attire or clothing as to expose any portion of the female
breast below the top of the areola or any portion of the
t0 pubic region, anus, buttocks, vulva or genitals, or wearing
any device or covering exposed to view which simulates the
11 appearance of any portion of the female breast below the top
of the areola or any portion of the pubic region, anus,
12 buttocks, vulva or genitals, or human male genitals in a
discernibly turgid mtate, even if completely and opaquely
13 covered;
14 or
15 2. Any exhibition, performance or dance of any type conducted
in a premises where much exhibition, performance or dance is
16 distinguished or characterized by a predominant emphasis on
the depiction, description, simulation or relation to the
17 following specified sexual activities:
18 (a) human genitals in a state of sexual stimulation or
arousal;
19
(b) acts of human masturbation, sexual intercourse or
20 sodomy; or
21 (c) fondling or Other erotic touching of human genitals,
pubic region, buttocks or female breast;
22
.or
23
3. Any exhibition, performance or dance which is intended to
24 sexually stimulate any member of the public and which is
conducted on a regular basis or as a substantial part of the
25 premises activity. This includes, but is not limited to,
any much exhibition, performance or dance performed for,
26 arranged with or engaged in with fewer than all members of
the public on the premises at that time, with separate
27 consideration paid, either directly or indirectly, for such
28
THIRD AMENDED COMPLAINT FOR
INJ AND DECL RELIEF & DAMAGES - 4 Giib r H.
Sure 200, Manke[ Place Twa
SeaUl.. Wa.shing~an 98121
('~6) 443-0~0 Fax; (~06)
11/14/2000 11:50 FAX 2066237022 Preston Gates & Ellis ~013
1 performance, exhibition or dance and which is commonly
referred to as table d~ncing, couch dancing, ~axi dancing,
2 lap dancing, private dancing or straddle dancing.
S 14. By recent amendment to the Code, the definition of "adult
4 entertainment,, for purposes of the zoning restrictions contained in
5 BCC § 20.20.127, is the same as the definition of "adult
6 entertainment,, contained in BCC § 5.08.010(B).
7 15. On or about January 23, 1995, the Plaintiffs changed the
8 format of their business from female dancers providing entertainment
@ to a predominantly male audience to male dancers providing
10 entertaln~en~ to a predominantly female audience.
11 16. On or about January 26, 1995 Bellevue filed a motion for
12 civil contempt pursuant to RCW 7.21.040, alleging that the Plaintiff
13 Factoria, its agents and employees were violating the terms of the
14 preliminary injunction by providing "adult entertainment,, as that
15 phrase is defined in BCC § 5.08.010.
16 17. On or about February 8, 1995, following an evidentiary
17 hearing, the King County Superior court entered an order finding
18 Factoria in contempt for providing "adult entertainment,,, in
19 contravention of the adult zoning and adult cabaret licensing
20 ordinances. A true and correct copy'of that order is attached hereto
21 and incorporated by reference herein as Exhibit C. The order as~essed
22 fined and attorney,s fee~ in favor of Bellevue and contained
23 additional remedial provisions.
24 18. On February 15, 1995, ~ellevue brought a second motion for
25 contempt, again alleging that Factoria was providing "adult
26 entertainment-, contrary to the restrictions in the adult zoning and
27 adult cabaret licensing ordinances. On April 19, 1995, following an
Z8 THIRD AMENDED COMPLAINT FOR
INJ AND DECL RELIEF & DAMAGES - 5
~1 W~ Av~ ',-
11/14/2000 11:50 FAX 2066237022 Preston Gates & Ellis ~]014
I evidentiary hearing, the King county Superior court entered a second
2 order of contempt, a true and correct copy of which is attached hereto
3 and incorporated by reference herein as ~.xhibit D. The order assessed
4 additional fines and attorney's fees.
5 19. On or about April 14, 1995, City of 'Bellevue police officers
6 conducted an operation at Babe's, wherein entertainers and managers
? were arrested en masse and charged separately with providing adult
8 entertainment without a license. These criminal cases are now pending
9 in the Bellevue District Court.
10 19. The Plaintiffs desire to operate their business as a non
11 adult cabaret., within the scope of the existing cabaret license.
12 However, the definitions of "adult entertainment" contained in the
15 Bellevue City Code are so vague and that there are no meaningful
14 standards governing the discretion of law enforcement officials and
15 the Plaintiffs are unable to conform their conduct to the requirements
16 of the law. Because of this uncertainty, and because of the
17 persistent threat of police raids and contempt proceedings, the
18 Plaintiffs' business has been forced to close.
19 20. The Plaintiffs are faced with irreparable injury and there.
20 is no adequate remedy at law.
22 21. The Plaintiffs repeat and reallege the allegations in
23 paragraphs 1 through 19.
24 22. The Defendant, acting under color of municipal law, has
25 threatened to continue to enforce BCC §§ 5.08. 010 et. seq. against the
26 Plaintiff. These sections of the Bellevue Municipal Code on their
;27 face and as applied to the Plaintiffs .violate rights afforded by the
28 THIRD AMENDED COMPLAINT FOR
IN~ AND DRCT. RELIEF & DAHAG~S - 6 Gilbert H.
2001 We~em AYe~ue
11/14/2000 11:50 FAX 2066237022 Preston Gates & Ellis ~015
1 First and Fourteenth Amendments to the United State~ Constitution.
2 The constitutional defects alleged herein are that the definitions of
S contained in BCC 5.08.010(B) are vague and overly broad.
4 23. As a direct and proximate result of the Defendant's efforts
S to enforce unconstitutional ordinances against' the Plaintiff, the
6 Plaintiff will suffer monetary damages including but not limited to
7 lost profits.
8 24. The Plaintiffs are entitled to injunctive and declaratory
9 relief and damages pursuant to Title 42 United States Code, § 1983.
10 SECOND CLAIH
11 25. The-Plaintiffs repeat and realleges the allegations in
12 paragraphs 1 through 19.
13 22. BCC 5-08.010 et. seq. on their face and as applied to the
14 Plaintiff violates rights afforded by Article 1, Section~ 3, 5 and 12
lS of the Washington Constitution. The constitutional defects alleged
16 herein are that the definitions of "adult entertainment,, contained in
17 Bcc 5.08.010(B) are vague and overly broad. The Plaintiff is thereby
18 entitled to injunctive and declaratory relief' pursuant to the
19 applicable sections of the Revised Code of Washington.
20 THIRD CLAIM
21 26. The Plaintiffs repeat and realleges the allege%ions in
22 paragraphs 1 through 19.
23 27. BCC § 20.20.127 on its face and as applied to the Plaintiff
24 violates rights afforded by the First and Fourteenth Amendments to the
25 United States Constitution. Specifically, the constitutional defects
26 alleged herein is that the ordinance is an invalid time, place and
27 manner restriction. ,
28
THIRD AMENDED COMPLAINTFOR
INJ AND DECL RELIEF & DAMAGES -'7 Gilbert H. Levy
~ ~, M~ket ~ ~
11/14/2000 11:50 FAX 2066237022 Preston Gates & Ellls [~016
1 28. As a direct and proximate result of the Defendant's efforts
2 to enforce Bcc§ 20.20.127 against the Plaintiffs, the Plaintiffs will
3 s~ffer monetary damages including but not limited to lost profits.
4 29. The Plaintiffs are entitled to injunctive and declaratory
5 relief and damages pursuant to Title 42 United States Code § 1983.
6 FOURTH CLAII~
7 30. The Plaintiffs repeat and realleges the allegations in
:
8 paragraphs 1 through 19.
§ 31. BCC § 20.20.127 on its face and as applied to the Plaintiff
10 violates rights afforded by Article 1, Sections 3, 5 and 12 of the
11 Washington Constitution and the Plaintiff is entitled to injunctive
12 and declaratory relief pursuant to the applicable sections of the
13 Revised Code of washington. Specifically, the constitutional defect
14 alleged herein is that the ordinance is an invalid time, place and
15 manner restriction.
16 FIFTH CL~II~
17 32. The Plaintiffs repeat and realleges the allegations in
18 paragraphs 1 through 19.
19 33. There is an actual, justiciable controversy between the
20 parties and the Plaintiffs are e~titled to declaratory judgment
21 construing the ordinances in questions to state with specificity what
22 does and what does not constitute "adult entertainment''.
23 WHEREFOR, the Plaintiffs request that judqment be entered against
24 the Defendant as follows:
25 .1. The Court should enter an order preliminarily enjoining the
26 Defendant, its agents and employees, from enforcing BCC §§ 5.08.010 et
27 seq. and 20.20.127 again.~t the Plaintiffs pending trial on the merits.
28 THIRD AMENDED COMPLAINT FOR
INJ AND DECL RELIEF & DAMAGES - 8
Gi~beFtm.
ADorned' ~! L~w
Sulle 200, Mai'kef Place-I'~_o
200t We,~em Avenue '
$,~e, Waehiflglof198121
~2065 4,43.0870 Fax: tPO~t
11/14/2000 11:50 FAX 2066237022 Preston Gates & Ellis ~017
1 2. Following trial on the merits, the Court ~hould declare BCC
2 §§ §. 08.010 et seq. and 20.20.127 unconstitutional and void.
3 3. Following trial on the merits, the Court should enter an
4 order permanently enjoining the Defendant from enforcing BCC §§
5 5.08.010 et seq. and 20.20.127 against ~e Plaintiff~.
6 4. As alternative relief, the Co~ s~ould fashion an order
7 const~ing the definition of "adult entertai~ent', so that it provides
8 clear and specific ~dellnes to law enforcement and the Plaintiffs.
9 5. The Cou~ should award damages to the Plaintiffs in an amount
10 to be preen at trial.
11 6. The Cou~ should award court co,ts and reasonable attorney
~2 fees to the Plaintiffs pursuant to Title 42 United States Co~e ~ 1988.
lS 7. The Court should award such other relief to ~e Plaintiff~
14 as it dee~ just and proper.
15 DATED ~i~ 9~ day of J~e 1995.
a. No.
18 Attorney for Plaintiffs
~9
24
27
28 THI~ ~NDED CO~I~ FOR
INJ ~D DECL ~LIEF ~ D~GES - 9 Gilbert
~o~y at ~w
November 17, 2000
Jeanne Burbidge, Chair
Parks, Recreation, Human Services and Public Safety Committee
City of Federal Way
3530 1st Way S
P. O. Box 9718
Federal Way WA 98063-9718
Dear Councilmember Burbidge,
I want to express my concern with the committee's recommendation to reduce
funding for King County Sexual Assault Resource Center (KCSARC) for
2001.
KCSARC has consistently provided a high quality and high volume of service
to Federal Way residents. Specifically:
· Numbers of victims served from Federal Way have increased 27% from
1998 to 2000.
· With the opening of the Regional Justice Center in Kent, demands for
legal advocacy from Federal Way citizens and the Federal Way police
department have increased considerably. We provided 540 hours of legal
advocacy to Federal residents in 1997 and project 1,074 in 2000- an
increase of 99%. KCSARC is the only agency in all of South County
providing this service.
· In addition, KCSARC continues to provide therapy, crisis intervention,
parent education, medical evaluations to Federal Way residents, as well as
community education and professional training.
We have consistently over performed on all our contacts and met all program
outcomes.
Over the past three years, 1998-2000, Federal Way's allocation to KCSARC
has increased from $28,000 to $ 29,120, a total 4% increase. During this time,
KCSARC's costs for total operations have risen 4% each year, and the cost of
services provided to Federal Way residents has risen from $ 64,500 (1998) to
and estimated $ 82,500 in 2000. The city contract covers approximately 35%
of these costs; the balance is met through state funds and private sector
fundraising.
In light of all this, it is distressing to learn that when we had a requested an
increase to meet greatly increased demands from city residents, we are instead
slated for a 17% reduction.
It is not possible for us to respond to increasing numbers of city residents with
decreasing support from the city.
The proposed reduction presents several immediate problems:
· With the exception of therapy, KCSARC is the only agency providing
these services to victims of sexual assault. There are not places for us to
refer clients. If our community is concerned about reducing sexual
assault, we must have minimal services in places for victims.
· Our agency plans call for increased services for victims legal advocacy,
therapy, parent education) as well as expanded prevention education
programs. Should this reduction be put in place, we will be forced to seek
additional private funding- not to expand services-but to maintain the
current level. Our community then looses an opportunity to become safer
and healthier.
· The proposed reduction shows there is no value in maintaining a solid
infrastructure of services. Rather than insuring basic services are
reasonably solid before new services are added, the committee appears to
fund new services at the expense of on-going, well-performing and
heavily utilized services.
I request that the committee reconsider it's decision and recommend, at
minimum, maintaining our current level of funding for 2001. I also urge the
committee to advocate for increased funding from the city to meet new and
emerging needs. I do not believe community benefits when the "funding pie"
remains the same, but the pieces are allocated in a different manner.
I appreciate the challenges faced by the committee and the city. However,
especially in light of these challenges, we look to the committee to speak up
for human services and the greater needs of the city of Federal Way
Sincerely,
Mary Ellen Stone
Executive Director
cc. Mayor Michael Park,
Deputy Mayor Linda Kochmar
Councilmember Mary Gates
Councilmember Phil Watkins
Councilmember Dean McColgan
Councilmember Michael Hellckson
Human Services Committee Members:
Eric Olsen
Richard Bye
Kevin King
Karen Pettingell
Ken Johnson
John Schmick
Don Putman
Bill Faulkes
Ann Guenther, Human Services Manager
FEDERAL WAY CITY COUNCIL
SURPLUS OF APPLEWOOD DRAINAGE TRACT A
PUBLIC HEARING
TUESDAY, NOVEMBER 21, 2000
A. Introduction
I will now open the public hearing to consider the City of Federal Way's surplus of a
drainage tract previously transferred by King County to the City in 1992. Per RCW Chapter
35.94.040, a public hearing must be conducted to consider the request for surplus of the drainage'
tract.
The purpose of this hearing is to accept public comment on the proposed surplus of the
drainage tract.
B. Heating Procedure
The public hearing will be conducted in the following manner:
1. Federal Way's Deputy Pubic Works Director, Ken Miller, will make a brief
presentation. Staff will be provided approximately five (5) minutes for this
presentation.
2. Public Comment. Testimony will be limited to three (3) minutes per person. In
addition to public testimony, any interested person may participate in this public
heating by submitting written comments for our consideration.
3. The City Council will then have the opportunity to ask questions of either the public
or staff. In order to expedite this process, I am requesting that Council hold all
questions until this time.
Open and Conduct hearing.
Close hearing.
The Public Hearing to consider the surplus of Applewood Drainage Tract A is now closed.
Does any City Council member wish to make a motion?
k:\document\pubhrg\applewood tract a