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
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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:
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PRELIMINARY PLAT OF TRESDEN PLACE)
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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
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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.
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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
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18.
19.
20.
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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
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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.
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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-
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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.
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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
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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
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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.