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Res 00-323 RESOLUTION NO. 00-323 A RESOLUTION OF TIlE CITY COUNCIL OF TIlE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF WINDSWEPT, FEDERAL WAY FILE NO. 99-100360-00-SU. WHEREAS, the applicant Randy Lloyd, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Windswept Preliminary Plat, consisting of2.81 acres, into a seven (7) lot single family residential cluster subdivision, located on the west side of Military Road South at Camelot Drive (if extended); and WHEREAS, on September 28, 1996, a Mitigated Determination of Nonsignificance (MDNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act, RCW 43.21C, and no one appealed the MDNS; and WHEREAS, the Federal Way Land Use Hearing Examiner held a public hearing on August 29, 2000, concerning the preliminary plat of Windswept; and WHEREAS, following the conclusion of said hearing, on August 2, 2000, the Federal Way Land Use Hearing Examiner issued a written Report and Recommendation containing findings, conclusions and recommending approval of the preliminary plat of Windswept, subject to conditions set forth therein; and I" 1 Res. ~Page 1 (Ç(Q)~W WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-106 and Section 22-476 et seq, of the Federal Way City Code (as vested) to approve, deny or modify a preliminary plat and/or its conditions; and WHEREAS, on October 17, 2000, the City Council considered the written record and the Recommendation of the Hearing Examiner, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City Codes; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section I. 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 ofthe Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding shall be treated as such. 2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, and schools and school grounds and all other relevant facts, as are required by City Code and state law or are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. \ . I Res. ibO-323 Page 2 3. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. ADplication ApDroVai. Based upon the recommendation of the Federal Way Land Use Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, the preliminary plat of Windswept, Federal Way File No. 99-100360-00-SU, is hereby approved, subject to conditions as contained in the Recommendation of the Federal Way Land Use Hearing Examiner dated September II, 2000 (Exhibit A). Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions .invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court lof competent jurisdiction, such invalidity or Res. #QQ::;ß3Page 3 unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase ofthis 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, WASlllNGTON, THIS~DAYOF October ,2000. CITY OF FEDERAL WAY ~/~~ < . MAYOR, P ATTEST: \~ APPROVED AS TO FORM: ~Œ.~~ ERIM. CITY ATTORNEY, ROBERT S. STERBANK FILED WITH THE CITY CLERK: 10/10/00 PASSED BY THE CITY COUNCIL: 10/17/00 RESOLUTION NO. 00-323 Res. #00-323Page 4 IN THE MATTER OF: ) ) ) ) ) ) ) ) FWHE# 00-20 99-100360-00-SU SUB91-0002 Related File No. SEP95-0026 CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER PRELIMINARY PLAT OF WINDSWEPT PROCESS IV I. SUMMARY OF APPLICATION The applicant is requesting preliminary plat approval to allow a seven (7) lot single family residential cluster subdivision of 2.81 acres, pursuant to Federal Way City Code (FWCC) Chapter 20, Subdivisions, Division 5 Preliminary Plat, and FWCC Article VII, Process III Review; with proposed intrusions into Environmentally Sensitive Areas including a Major Stream Setback and Floodplain, pursuant to FWCC Article XIV, Environmentally Sensitive Areas. II. PROCEDURAL INFORMATION Hearing Date: Decision Date: August 29, 2000 September 11,2000 At the hearing the following presented testimony and evidence: 1. Lori Michaelson, Senior Planner, City of Federal Way 2. Richard Miller, Engineer for Applicant 3. K. Nam 29605 Military Road South, Federal Way, WA 98003 Randy Lloyd, Applicant, 2102 South 341st Place, Federal Way, WA 98063 4. At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. Staff Report with all attachments 2. Mr. Nam's Photographs (3 sheets' 1 ~/Jfí EXIllBIT r¡ III. FINDINGS 1. The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. 2. The Community Development Staff Report sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit "1" and incorporated in its entirety by this reference. 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC). 4. The applicant has a possessory ownership interest in an irregularly shaped, 2.8 acre parcel of property abutting the west side of Military Road South opposite Camelot Drive and the Camelot Mobile Home Park within the City of Federal Way. The site is presently improved with one single family residential dwelling and the applicant requests preliminary plat approval to allow subdivision of the site into seven single family residential lots and two tracts. The existing house will remain at its present location on proposed lot six. 5. The preliminary plat map shows that a single, 50 foot wide, 200 foot long, cul-de-sac road extending southwest from Military Road into the site will provide access to all seven lots. Lots vary in size between 9,705 square feet and 8,917 square feet. Tract A, a 19,011 square foot parcel located in the northwest corner of the parcel, will be used for a stream buffer, storm drainage, and conservation open space area. A 14,067 square foot Tract B, located between the internal plat road, the Military Road right-of-way and the southeast property line of Tract A is designated for usable open space. Access to the existing house on proposed lot six is presently provided by a gravel driveway extending southwest and south frorn Military Road across the plat property. The abutting neighbor to the east uses a portion of the driveway near Military Road for access as well. However, said property owner does not have an easement to use said driveway, and the applicant proposes to eliminate the driveway and provide access for lot six onto the internal plat road. While testimony at the hearing indicated that the abutting neighbor to the east might have an adverse possession claim or some other right to use the driveway, such issues are beyond the scope of the present proceeding and are reserved for Superior Court. However, property line and easement disputes must be resolved prior to final plat approval. 6. 7. The site is located within the Single Family High Density designation of the Federal Way Comprehensive Plan, and abutting properties are located in either the Single Family High Density or the Multi-Family designation of the comprehensive plan. A seven lot single family residential subdivision on 2.8 acres is consistent with the 2 8. 9. 10. 11. 12. 13. comprehensive pJan. The site is located within the RS-9.6 zone classification of the Federal Way City Code (FWCC) which authorizes single family residential homes on minimum 9,600 square foot lot sizes. While five lots are less than 9,600 square feet, the applicant has also applied for a cluster development pursuant to Section 20-154 FWCC. A drainage course flowing from west to east adjacent to Tract A on the northwest property line meets the FWCC definition of "major stream" and must be protected by a minimum 100 foot setback. However, the applicant has applied to intrude into the major stream setback for the purposes of widening Military Road South, providing an adjacent landscape buffer, installing a biofiltration swale, and performing related grading and landscaping. The topography of the site slopes gradually down hill to the southwest from Military Road, and previous clearing, contains no trees meeting the FWCC definition of "significant". Small birds and animals probably inhabit the site, but no threatened or endangered species. Required landscaping in Tracts A and B will very likely improve on-site habitat opportunities. The applicant filed a completed application for preliminary plat approval on December 22, 1994, and pursuant to RCW 58.17.033 is subject to the comprehensive plan, zoning, and other land use ordinances in effect on said date. Section 20-154 FWCC authorizes cluster subdivisiol' s in order to promote open space and the protection of natural features such as trees and wetlands. Said section authorizes reductions in lot size below the minimum required in the applicable zone classification, provided that minimum yard and setback requirements can be met. However, density cannot be increased over the maximum allowed by the underlying zone classification. As shown in Section V of the staff report, the RS-9.6 zone classification would allow subdivision of the site into a maximum of ten lots while the applicant proposes seven 'lots. Thus, the proposed density of the clustered subdivision does not exceed the maximum allowed by the RS-9.6 classification. Furthermore, two of the seven lots will exceed the size requirements, and the remaining five lots will be only 683 square feet less than the minimum authorized by the RS-9.6 classification. Clustering is appropriate as it allows the applicant to preserve the entire stream buffer and floodplain as permanent, conservation open space with planting enhancernents. It further allows contiguous, usable open space visually and functionally linked to the conservation open space. The applicant proposes an underground pipe system within the internal plat road to collect and detain storm water prior totts discharge to a biofiltration swale along the westerly portions of Tracts A and B. The storm drainage system will include a 3 14. 15. 16. 17. 18. controlled release facility release water to the stream at a metered rate along the northwest property line. Surface water is conveyed from that point through a culvert under Military Road northeasterly to the Bingaman Pond, Mill Creek, and eventually to wetlands adjacent to West Valley Highway. The applicant must construct the storm drainage facilities in accordance with the 1990 King County Surface Water Design Manual and the City's engineering and construction standards. Such will ensure safe and appropriate management of surface water runoff. The applicant will construct sidewalks on both sides of the internal plat road and on the west side of Military Road across the plat frontage. Such will ensure appropriate internal pedestrian circulation and safe access for school children to school bus stops. The applicant will provide Type III landscaping and street trees in the 10 foot wide Tracts C and 0 adjacent to Military Road, and street trees on both sides of the internal plat road. Prior to final plat approval, the applicant must submit a final landscape plan to the City for final approval. The FWCC requires open space to equal at least 15% of the gross area of the site, but authorizes plats of five acres or less to pay an alternative fee in lieu of providing on-site open space. Based upon the gross area of the two parcels, the Windswept plat must provide 18,295 square feet of total open space which includes 12,197 square feet of usable open space. The applicant proposes 19,000 square feet of conservation open space, more than the total open space requirement. However, the applicant is able to provide only 9,280 square feet of usable open space and therefore proposes a fee in lieu of providing the balance of approximately 2,900 square feet. The City Parks Director reviewed and accepted in concept the fee in lieu request. As previously found, the applicant proposes to intrude into a portion of the major stream setback for road widening and biofiltration swale construction. Conditions of approval require the applicant to construct half street improvements to the Military Road right-of-way across the plat frontage which will include an eight foot wide sidewalk; six foot wide planter strip with street trees and streetlights; curb and gutter; five foot wide bicycle lane; and pavement widening. The applicant must also dedicate a 20 foot wide strip of property for widening Military Road. Such improvements require intrusions into the stream setback and floodplain. Prior to intruding into a stream setback and floodplain, the applicant rnust establish that the request satisfies the criteria set forth in Section 1312(c) FWCC. Findings on each criteria are hereby made as follows: A. The intrusion will not adversely dffect water quality. The applicant must comply with the storm drainage detention and water quality requirements of 4 19. 20. the King County Surface Water Design Manual as well as the City's adopted storm drainage design and construction standards. Compliance with said criteria will ensure no adverse impact to water quality. B. The intrusion will not destroy or damage a significant habitat area. As previously found, the stream setback has been previously cleared of significant vegetation and is of marginal habitat value. Furthermore, from its headwaters near SR-99 to Interstate-5, the stream has been severely impacted by past development. Furthermore, portions of the stream downstream from the site are completely developed with residences and roads. The mitigation planting plan and monitoring plan will increase habitat value. C. The intrusion will not adversely affect drainage or storm water retention capabilities. Again, compliance with the King County Surface Water Design Manual and City standards will ensure no adverse impacts to surface water drainage or storm water retention capabilities. D. The intrusion will not lead to unstable earth conditions nor create erosion hazards. The applicant must provide a temporary erosion and sedimentation control plan as part of construction permit applications. E. The intrusion will not be materially detrimental to other properties in the area nor to the City as a whole, nor will the intrusion cause a loss of significant open space or scenic vista. To the contrary, the purpose of the intrusion is to create new sidewalks, bike lanes, and a planting area for street trees and other landscaping which will provide public benefits. The area has no important view corridors, and the intrusion is necessary for reasonable development of the property (to accommodate surface water drainage and improvements to Military Road). The applicant will construct the internal plat road to the City local right-of-way standard which includes five foot wide sidewalks, four foot wide planter strips with trees and streetlights, and a 28 foot wide pavement within a 50 foot wide right-of- way. As previously found, the applicant will also construct half street improvements to Military Road South and will also execute a "No Protest Local Improvement District Agreement" wherein he agrees to participate in future improvements to the east side of Military Road South. School children residing in the plat will attend Lake Dolloff Elementary School, Sacajawea Junior High School, and Federal Wr.y High School. The district will bus all students residing in the plat. Conditions. require the applicant to comply with the City School Impact Fee Ordinance at bUilding permit issuance. Said ordinance currently requires a payment of $2,383 per single family housing unit to the school 5 21. 22. district. The Lakehaven Utility District will provide sanitary sewers, potable water, and fire flow to the site. Prior to obtaining preliminary approval the applicant must also establish that the project satisfies the criteria for Process III review as set forth in Section 22-476 FWCC. Findings on each criteria are hereby made as follows: A. As previously found, the proposed preliminary plat is consistent with the comprehensive plan which designates the site Single Family High Density. B. The project is consistent with all applicable provisions of the FWCC including those adopted by reference. The project complies with all criteria set forth in Chapter 20 FWCC entitled 'Subdivisions" and Chapter 22 entitled "Zoning". The proposed cluster subdivision and minor intrusions into a stream setback and floodplain are consistent with applicable decision criteria set forth in Section 20-154, et seq., FWCC. C. The project is consistent with the public health, safety, and welfare. All facilities and services are available to serve the proposed preliminary plat. D. The project complies with design criteria set forth in Section 20-2 FWCC. E. The project complies with the development standards set forth in Sections' 20-151 - 20-157 and 20-178 - 20-187 FWCC. IV. CONCLUSIONS Frorn the foregoing findings the Hearing Examiner makes the following conclusions: 1. 2. 3. 4. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. The proposed preliminary plat of Windswept makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary waste, parks, playgrounds, sites for schools, school grounds, fire protection, and safe walking conditions. The proposed preliminary plat is consistent with the Federal Way Comprehensive Plan and the RS-9.6 zone classification as modified by the cluster subdivision. \ The project satisfies all criteria for intrusion into a stream setback and floodplain as well as all criteria within the FWCC concerning subdivisions. 6 5. The proposed subdivision will serve the public use and interest by providing an attractive location for a single family residential subdivision and therefore should be granted subject to the following conditions: 1. Prior to issuance of construction permits, a final landscape plan, prepared by a licensed landscape architect in accordance with FWCC Article XVII, Landscaping, shall be submitted for review and approval by the Director of Community Development Services, and shall include the following elements: (a) Street trees in right-of-way planter strips along the project frontage of Military Road and both sides of the internal plat street; and Type III landscaping within required landscape buffers adjacent to Military Road. (b) 2. Prior to final plat recording, the applicant shall pay the proposed alternative fee-in-lieu for the balance of required usable open space, pursuant to final area calculations for on site usable open space, which fee shall be calculated on the basis of 15% of the most recent assessed valuation or MAl appraisal, at that time, subject to final approval by the Directors of Parks and Community Development Services. 3. Prior to final plat approval, the applicant shall install landscaping in the stream setback area in accordance with the Windswept Preliminary Plat Mitigation Planting Plan, by Adolfson Associates, revised 8/16/00; and shall - submit, for the city's review and approval, a monitoring plan prepared in accordance with FWCC Sec. 22-1358(e)(1)a.-g.; and pursuant to FWCC Sec. 22-1243, the applicant shall be responsible to pay for the services of a city-approved qualified professional to perform inspections and reporting tasks required to implement the monitoring plan. 4. In accordance with FWCC Sec. 20-114(c), as vested, the preliminary plat shall expire three years from the date of city council approval unless substantial progress has been made toward completion of the entire plat. In the event the applicant has not made substantial progress toward completion of the plat, the applicant may request a on-year extension from the Hearing Examiner. The request for extension must be submitted to the Department of Community Development Services at least 30 days prior to the expiration date of the preliminary plat and will be decided by the Hearing Examiner pursuant to FWCC Sec. 20-114(d)(e). 7 RECOMMENDATION: It is hereby recornmended to the Federal Way City Council that the prelirninary plat of Windswept be approved subject to the conditions contained in the conclusions above. DATED THIS 1/11-- DAY OF Septembec. ZOOt ~~JR. Hearing Examiner TRANSMITTED THIS J..L DAY OF September, 2000, to the following: APPLICANT: Randy Lloyd P.O. Box 3889 Federal Way, WA 98063-3889 K.Nam 29605 Military Road S. Federal Way, WA 98003 City of Federal Way c/o Chris Green 33530 1st Way S. Federal Way, WA 98003 8 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 davs 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 ofthe 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 twentv-one (21) calendar davs after the final land use decision of the City.