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Res 00-322 RESOLUTION NO. 00-322 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF TRESDEN PLACE, FEDERAL WAY FILE NO. 99-103384-00-SU. WHEREAS, the applicant Richard Butko, Butko Construction Company, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Tresden Place and consisting of 8.53 acres into forty-eight (48) single family residential lots located on the northeast comer of Military Road South and South 29Sth Street; and WHEREAS, on May 20, 2000, an Environmental Detennination of Non significance (DNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act, RCW 43.21C, and no one appealed the DNS; and WHEREAS, the Federal Way Land Use Hearing Examiner held a public hearing on July IS, 2000 concenùng the preliminary plat of Tresden Place; and WHEREAS, following the conclusion of said hearing, on August 2, 2000, the Federal Way Land Use Hearing Examiner issued a writtenReport and Recommendation containing findings, conclusions and recommending approval of the preliminary plat of Tresden Place subject to conditions set forth therein; and Res. #QJ!.=ll,2Page I ~~Aìf 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 September 5, 2000, the City Council considered the written record and the Recommendation of the Hearing Examiner, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City Codes; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOL VB 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 bë a conclusion, and any conclusion deemed to be a finding shall be treated as such. 2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, and schools and schools as are required by City Code or are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and ITom school. 3. The public use and interest will be served by the preliminary plat approval granted herein. Res. A'0-322. Page 2 Section 2. Application Approval. Based upon the recommendation ofthe Federal Way Land Use Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, the preliminary plat ofTresden Place, Federal Way FileNo. 99-103381-00-SU, is hereby approved, subject to conditions as contained in the Recommendation of the Federal Way Land Use Hearing Examiner dated August 2, 2000 (Exhibit A). Section 3. Conditions òf Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules and regulations, and forward such recommendation to the City Council for further action. Section 4. Severabilitv. If any section, se~tence, 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. Res. _0-322, Page 3 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, TillS...!2- DAY OF S"p~pmhp,.. . 2000. CITY OF FEDERAL WAY APPROVED AS TO FORM: ~~~ RIM CITÝ ATTORNEY, ROBERT ~ STERBANK FILED WITH THE CITY CLERK: 09/13/00 PASSED BY THE CITY COUNCIL: ~9/19/00 RESOLUTION NO. 00-322 Res. #00- 32¡1Page 4 CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: ) ) PRELIMINARY PLAT OF TRESDEN PLACE) ) ) ) ) FWHE# 00-11 99-103381-00-SU Related #99-103384-SE PROCESS IV I. SUMMARY OF APPLICATION The applicant is requesting preliminary plat approval of a forty-eight (48) lot single family residential subdivision of 8.53 acres, pursuant to Federal Way City Code (FWCC) Chapter 20, Subdivisions, Div. 6, Preliminary Plat. ' II. PROCEDURAL INFORMATION Hearing Date: Decision Date: July 18, 2000 August 2, 2000 At the hearing the following presented testimony and evidence: 1. Lori Michaelson, Senior Planner, City of Federal Way 2. Michael Knapp, Sound Engineering, Inc., 1019 Pacific Avenue, Suite 906, Tacoma, WA 98402 3. Jack Hendrickson, 21246 15'" Ave. S., Des Moines, WA 98198 4. Tim Holderman, Sound Engineering, Inc., 1019 Pacific Avenue, Suite 906, Tacoma, WA 98402 5. Bill Crow, 14109 Marian Street, Enumclaw, WA 98022 At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. Staff Report with all attachments 2. Amendment to Staff Recommendation #1 1 I( /J It 'RXHTR'IT n 7. 3. Letter from Michael Knapp to Examiner dated July 18, 2000 III. FINDINGS 1. The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. 2. The Community Development Staff Report sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit "1" and incorporated in its entirety by this reference. 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC). 4. The applicant has a possessory ownership interest in two adjoining, basically rectangular shaped parcels of property consisting of 8.53 acres abutting the east side of Military Road South within the City of Federal Way. The parcels are presently improved with an abandoned single family residential dwelling, two small detached sheds, and fencing. The applicant requests preliminary plat approval to allow removal of existing improvements and subdivision of the site into 48 single family residential lots. The south property line abuts S. 298th St., the west leg of which the applicant will relocate to eliminate its off-set intersection with Military Road. Proposed lots 47 and 48 are contingent upon the City Council's vacation of the present 298th St. right-of-way following relocation, and an agreement with the. abutting property owner to the south. . 5. The site is within the northeast portion of the City at the northeast corner of the intersection of Mifitary Road South and S. 298th St. and approximately 125 feet west of Interstate - 5. 6. The plat map shows a looped plat road system with one access near the northwest corner onto Military Road South and a second access extending north from S. 298th St. near the east property line. A .55 acre storm drainage tract is located at the northeast corner of the site. South 298'" St. presently extends east from Military Road South at an approximate 100 foot offset to the south from 298'" on the west side of Military Road. The plat map shows that the applicant will align the east leg with the west leg, and that the west leg will return to its present right-of-way approximately 450 feet east of Military Road. Thus, parcels to the east using S. 298th St. for access will not be impacted. The site is located within the RS-5.0 zone classification which authorizes single family residential dwellings on minimum lot sizes of 5,000 square feet, and which requires front yard setbacks of 20 feet and side and rear yard setbacks of five feet. The plat shows a minimum lot size of 5,000 square feet, a maximum lot size of 2 ~ 11. 12. 7,565 square feet, and that all required setbacks can be met. 8. The parcel abutting the north property line is within the RM-3,6QC I Multi-Family zone classification and improved with a mobile home park. The abuttirn;;¡ :parcel to the east is located within the RS-5.0 zone classification and improved 'IIW:ith the Steel Lake Grange. Parcels to the south and southwest are within the RS-9-.5:. and RS-7.2 zone classifications and improved with single family residential dwellir¡qgs. Parcels to the north and northwest are within the RS-9.6 and RS-5.0 zone clasa;ffications and also irnproved with single family residential dwellings. The proposal -'!.or a single family residential subdivision on 5,000 square foot minimum lot sizes ::::.onforms with the zoning and is compatible with existing and future uses in the arE::E¡ as contemplatec by the Federal Way Comprehensive Plan and the Federal Way Qty Code (FWCC.'. 9. Most of the site has significant grade changes which will necæssitate substantial grading. Slopes range between 5% and 10% with the excepti= of a 100% slope located eight to 15 feet north of the north property line. This slQC3'e ranges from 12 to 32 feet in height and was artificially created by grading for the -"obile home parK The applicant commissioned a geotechnical engineering study b'! -:::.arth Consultants which was submitted March 16,2000. The study determined thæ::1he slope is stable in its present condition and configuration and consists of very dE!"S5e glacial till soils. Site preparation will include grading 75% of the parcel and corTStructing retaininç walls varying between two and six feet in height along Military ~d. Conditions cf approval require a supplemental geotechnical analysis to I"E3vjew final desigr. specifications, observe land surface modification activities, . verify subsurfaée conditions, monitor construction activities, and ensure com:Dliance with the recommendations contained in the present geotechnical reporr: 10. On-site vegetation consists of domestic shrubs and grassec:- with a variety cf deciduous and evergreen trees. Approximately 50% of the existirq) significant trees outside of proposed rights-of-way and the storm water detentiar :pond tract will be eliminated, and the applicant proposes replacement trees alorn;:: the western anc northern perimeters. A condition of approval requires a finallaJTC:$cape plan whic:- will meet the requirements of the significant tree ordinance. The site supports no threatened or endangered plant or animal Sl:EScifies, but is like!.... limited to small birds and animals. Retention of trees and vegetam:on where possible and installation of landscaping will help mitigate the loss of habii:æ:. No wetlands cr streams are located on the site and the only critical area is the sæeep slope eight tc 15 feet off-site to the north. The applicant has designed the plat to provide internal peaesstrian circulatior.. Improvements will ensure safe access by school aged children J::>both internal anc adjacent school bus stops. The plat map shows a mid bloC3l:, non-motorizea. 3 13. 14. 15. 16. 17. pedestrian/bicycle pathway between a cul-de-sac in the west-central portion of the site and the mid point of the internal plat road extending north from S. 298'" St. The path will have a paved width of 12 feet and be located within a 20 foot wide tract. Design requirements include pedestrian scale lighting and no sight obscuring fencing or landscaping on abutting lots. The applicant has submitted a preliminary landscape plan which shows street trees in planter strips along the east side of Military Road, both sides of S. 298th St., both sides of internal plat roads, and within the cul-de-sac. The a"pplicant will also provide a minimum ten foot wide Type III landscape strip along Military Road in a separate tract to be maintained and owned by homeowners. The storm detention tract must also be screened from adjacent streets and residences. The significant tree replacement plan will also be reviewed and approved with the landscape plan. Conditions of approval require a final landscape plan depicting all required landscaping elements. The City Subdivision Code requires the applicant to provide open space in the amount of 15% of the gross land area of the parcels, or as an option (which the applicant has requested), the applicant may pay a fee in lieu of providing the on-site open space. The Parks Director has accepted the fee as requested. Right-of-way improvements to Military Road will include pavement widening, tapers, curb and gutter, street trees in a planter strip, streetlights, an eight feet wide sidewalk, and a utility strip all constructed within the right-of-way width of 39 feet as " measured from the centerline. The applicant will also construct8 southbound left turn lane in Military Road with a storage length of 50 feet at the 298th/Military Road intersection. As previously found, the applicant will also correct the existing hazardous offset intersection. The applicant will overlay existing concrete over the full width of Military Road for the length of the project frontage including tapers to ensure a safe and consistent road section. Improvements to S. 298'" St. and internal plat roads will include a 32 foot pavement width, five foot wide sidewalks, four foot wide planter strip, and streetlights within a 56 foot wide right-of-way. The Federal Way School District will bus elementary and junior high school students from bus stops within the proposed subdivision and high school students from a bus stop on Military Road just outside the plat. The sidewalk system will provide safe routes for students walking to bus stops. The applicant must also comply with the City School Impact Fee Ordinance and make a per lot payment to offset the impacts on the district of school aged children residing within the plat. The applicant will pay an optional fee in lieu of providing an on-site recreational open space which the City will utilize to improve recreational opportunities within the planning area of the site. Steel lake Park is located approximately one mile 4 18. 19. 20. . southwest of the site. Lake Haven Utility District will provide sanitary sewers, domestic water, and fire flow to the site. Abutting property owners raised concerns regarding the impact of storm water runoff. The applicant must design and construct storm drainage facilities in accordance with the requirements of the 1998 King County Surface Water Design Manual and the City's amendments thereto. The storm-water plans propose to collect and convey storm water to a combination water quality/detention pond at the northwest corner of the site. The pond will then discharge storm water at a metered rate to the existing City drainage ditch on Military Road. The applicant's grading plan will assure that an storm water is directed to the storm drainage pond, with the exception of the runoff from the S. 298th St. pavement near the southeast corner of the site which will continue to flow to the ditch along Interstate-5. Prior to obtaining preliminary plat approval the applicant rnust establish that the request satisfies the criteria set forth in Section 20-126(c) FWCC. Findings on each c¡-¡teria are hereby made as follows: A. The proposed preliminary plat is consistent with the Federal Way Comprehensive Plan adopted December, 1998, which designates the property as Single Family-High Density. Developing the site with minimurn 5,000 square foot lot sizes is consistent with density allowances and policies:- B. The preliminary plat cornplies with all applicable provisions of the FWCC including those adopted by reference. The plat must comply with all FWCC provisions to include those set forth in Chapter 18, Environmental Policy; Chapter 20, Subdivisions; and Chapter 22, Zoning. C. The preliminary plat is consistent with the public health, safety, and welfare. D. The project complies with the design criteria set forth in Section 20-2 FWCC. It promotes the effective use of land by proposing a developrnent in compliance with both the comprehensive plan and zoning. The proposed plat avoids congestion and promotes safe and convenient travel on City streets by providing significant street improvements along Military Road to include a left turn lane and alignment of the east and west legs of S. 298th Street. Adequate air and light are addressed by meeting all setbacks, and water and sewage will be provided by the Lake Haven Utility District. E. The project complies with FWCC Sections 20-151 through 20-157 which set forth subdivision design standards, and Sections 20-178 through 20-187 5 FWCC which set forth required infrastructure improvements to include water, sewage, storm drainage, street lighting, streets, and landscaping. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. The Hearing Examiner has jurisdiction to consider and make recommendations to the City Council on the issues presented by this request. - 2. Section 20-110 FWCC requires the Examiner to review a preliminary plat for compliance with applicable sections of the FWCC and RCW 58.17 at a public hearing and issue a written recommendation to the City Council which then makes the final decision. 3. The applicant has established that the request for preliminary plat approval of Tresden Place is consistent with the Single Family High Density designation of the Federal Way Comprehensive Plan and satisfies all bulk requirements of the RS-5 zone classification of the Federal Way City Code. 4. The applicant has also established that the request satisfies all criteria set forth in Section 20-126(c) FWCC, the design criteria listed in Section 20-2 FWCC, and the development standards listed in Sections 20-151 through 20-157 FWCC and in Sections 20-178 through 20-187 FWCC. .. 5. The proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary waste, transit stops, parks, playgrounds, schools and school grounds, sidewalks, and other planning features that assure safe walking conditions for students. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision in a mixed use area of the City while at the same time correcting existing road deficiencies. 6. The Federal Way City Council should approve the proposed preliminary plat subject to the following conditions: 1. Prior to final plat recording, the applicant shall either obtain a right-of-way vacation from the City of Federal Way to vacate the westerly portion of the existing South 298th Street right-of-way, and execute an agreement to acquire the south half of such vacated right-of-way from the property owner to the south; or alternatively, the applicant shall eliminate lots 47 and/or 48 as proposed. 6 2. If any structures will remain on the site, all applicable building and zoning nonconformances must be corrected to meet applicable codes, including structural setbacks from property lines; and in addition, sheds and/or other accessory buildings are not permitted as primary uses on single family residential lots. 3. The applicant shall obtain the services of a qualified geotechnical engineer to review engineering design and specifications; be present on site during all land surface modification activities; verify subsurface conditions; inspect and conduct compaction tests for the roads, building lots, detention pond and retaining walls; ensure implementation of the recommendations in the 3/16/00 geotechnical report; and provide the city with any additional geotechnical recommendations for plat construction and future homes on the site, including revegetation of disturbed areas and lot drainage adjacent to the steep slope; subject to determination by the Directors of Community Development Services and Public Works. 4. Prior to final plat recording, the preliminary plat rnap shall be revised as follows: A. Notation that no driveways will be allowed to lots abutting Military Road, and all driveways must be set back a minimum distance of 25 feet from adjacent intersections. B. Revise plat road sections to include street lights, street trees, and 3" depth "Class B" asphalt concrete (in lieu of 2" as shown); per "Type U" cross-section; C. Notation that any fencing adjacent to Military Road right-of-way shall be located inside (east) of the required landscape buffer tract; D. Notation that no sight-obscuring fencing or landscaping will be permitted along lot lines abutting the internal pedestrian pathway; E. Relocate the retaining wall alongside Military Road South, out of the right-of-way; F. Language dedicating all public rights-of-way, the storm drainage tract, and the pedestrian pathway, to the City of Federal Way; G. Language dedicating the landscape buffer tract to the Homeowners within the plat; and establishing responsibility for maintenance of cul- 7 5. A. G. H. 6. de-sac landscaping with Homeowners; H. Drainage easernent restrictions that structures, fill or obstructions (including but not limited to decks, patios, outbuildings, or overhangs) shall not be permitted beyond the building setback line or within drainage easements. Additionally, grading and construction of fencing shall not be allowed within drainage easernents shown on the plat map, unless otherwise approved by the City of Federal Way; I. Any geotechnical restrictions and conditions for future building development, pursuant to Condition #3, above. Prior to issuance of construction permits, a final landscape plan, prepared by a licensed landscape architect, shall be submitted for review and approval by the Director of Community Development Services, and shall include the following elements: Visual screening of all property boundaries of the detention tract (and fencing if applicable) from adjacent properties and the right-of-way; B. Street trees on the project side of Military Road, and both sides of South 298'" Street and internal plat streets; C. Ten foot Type III landscape tract against Military Road; D. Vegetative screening of retaining walls; E. Cul-de-sac landscaping; F. Revegetation of disturbed slope areas (as recommended by the geotechnical engineer pursuant to Condition #3, above); Significant tree identification and replacement; and Type III landscaping in t(le area of Lots #47 and #48, if the existing right-of-way is not vacated pursuant to Condition #1, above, resulting in eliminating these lots from the plat. Prior to final plat recording, the applicant shall pay the alternative fee-in-lieu of providing on site open space, as proposed and accepted, which fee shall be calculated on the basis of 15% of the most recent assessed valuation of MAl appraisal, at that time, subject to approval by the Directors of Parks and Community Development Services. 8 7. Prior to issuance of construction permits, the applicant shall submit elevations and design descriptions of retaining walls and rockeries; showing that these are harmonious with existing adjoining residential uses and promote residential design themes through such means as terracing, orientation, natural material selection, use of vegetation, and textural treatment; for review and approval by the Directors of Community Development and Public Works. 8. Prior to issuance of construction permits, the applicant shall submit elevations and design descriptions of fences, where visible from rights-ot- way or pedestrian areas, showing that these utilize natural materials and colors; and that' fencing of the detention pond (if required by the KCSWDM) is vinyl coated in a dark color and screened by landscaping (pursuant to an approved landscape plan); for review and approval by the Directors of Community Development Services and Public Works. RECOMMENDATION: It is hereby recommended that the Federal Way City Council approve the prelirninary plat of Tresden Place subject to the conditions contained in the conclusions above. J.hl DATEDTH'S - ø~ . sií EN K. CAUSsE~ Hearing Examiner TRANSMITTED THIS a~ DAY OF August, 2000, to the following: APPLICANT(S): Richard Butko Butko Construction Co. P.O. Box 3266 Federal Way, WA 98063 Michael Knapp Sound Engineering, Inc. 1019 Pacific Avenue, Ste. 906 Tacoma, WA 98402 9 OWNER: Hansarang Church 3407 Reith Road Kent, WA 98032 James Geluso Jack W. Hendrickson Todd Christopherson Bill Crow 32015 First Ave. S. Federal Way, WA 98003 21246 15th Ave. S. Des Moines, WA 98198 16400 Southcenter Parkway #502 Seattle, WA 98188 1409 Marian Street . Enumclaw, WA 98022 City of Federal Way c/o Chris Green 33530 1st Way S. Federal Way, WA 98003 10 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.