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.