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Res 00-325 RESOLUTION NO. 00-325 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF BELLE MEADOW, FEDERAL WAY FILE NO. 00-100318-00-80. WHEREAS, the 'applicant Dick Schroeder, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Belle Meadow, consisting of 9.77 acres, into thirty-seven (37) single family residential lots located on the east side of the 34500 block of21 st Avenue SW; and WHEREAS, on July 12, 2000, a Mitigated Determination of Nonsignificance (MONS) was issued for the proposal by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act, RCW 43.2IC, and no appeals of the MDNS were filed; and WHEREAS, the Federal Way Hearing Examiner held a public hearing on August 29, 2000, concerning the preliminary plat of Belle Meadow; and WHEREAS, following the conclusion of said hearing, on September 12, 2000, the Federal Way Hearing Examiner issued a written Report and Recommendation containing findings, conclusions and recommending approval of the preliminary plat of Belle Meadow, subject to conditions set forth therein; and Res. #00-32:;Page I t~f1f 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 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 THEREFPRE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions. 1. The findings offact and conclusions of the Hearing Examiner's Recommendation, attached hereto as Exhibit A and incorporated by reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding shall be treated as such. 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, 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, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the preliminary plat approval granted " I herein. Res. ;I¡OO-32~Page 2 Section 2. Application ApProval. Based upon the recommendation of the City of Federal Way Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, the preliminary plat of Belle Meadow, Federal Way File No. 00- 100318-00-SU, is hereby approved, subject to conditions as contained in the Recommendation of the Federal Way Hearing Examiner dated September 12,2000 (Exhibit A). Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each othl?r 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. Ifany section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or . unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date \ of the resolution is hereby ratified and affirmed. Res. #00-32,Page 3 Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS -1..L DAY OF October ,2000. CITY OF FEDERAL WAY , ~~flh/ / ~~~'" 5'7 i2L-'- ~~ CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: ~c.~ INTERIM CITY ATTORNEY, ROBERT S. STERBANK FILED WITH THE CITY CLERK: 10/09/00 PASSED BY THE CITY COUNCIL:1O/17/00 RESOLUTION NO. 00-325 Res. 1Io0-32;ïPage 4 CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: ) ) ) ) ) ) ) ) . PRELIMINARY PLAT OF BELLE MEADOW PROCESS IV I. . SUMMARY OF APPLICATION The applicant is requesting preliminary plat approval to allow a 37 lot single family residential subdivision as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions., and requiring approval pursuant to FWCC Section 20-110. II. PROCEDURAL INFORMATION Hearing Date: Decision Date: August29,2000 September 12, 2000 At the hearing the following presented testimony and evidence: 1. Tim McHarg, City Consultant, Madrona Planning and Development Services 2. Stuart Scheuerman, ESM Consulting Engineers, 720 South 348th St., Federal 'dNay, WA 98003 3. Don Bowditch, 2019 SW 347th Place, Federal Way, WA 98023 4. Chris Kraft, 2022 SW 347th Place, Federal Way, WA 98023 Barbara Collins, 34707 18th Ave. SW, Federal Way, WA 98023 5. 6. Terry Gibson, Traffic Engineer for Applicant, Gibson Traffic Consultants, P.O. Box 330, Olalla, WA 98359 7. Richard Perez, City Traffic Engineer 1 {Ill EXHIBIT // At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. Staff Report with all attachments 2. Letter from Tomich 3. Petition from Don Bowditch III. FINDINGS 1. The Hearing Examiner heard testimony, admitted documentary evidence into' the record, and took 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 a rectangular, 9.77 acre parcel of property abutting the east side of 21st Ave. SW between SW 344th St. and SW 346th St. The east property line abuts lots within the Parklane Estates Division II subdivision. The applicant requests preliminary plat approval to allow subdivision of the site into 37 single family residential lots with a minimum lot size of 7,205 square feet. 5. The preliminary plat map shows a looped road system providing internal access to alilotsÞ External access will be provided by 18th Ave. SW which the applicant will construct north from the north property line to SW 344th St. (presently under construction) which will provide access to a State park-n-ride lot to the north. The applicant will also extend 18th Ave. to the south to 34{)th Place. The applicant will also construct the north portion of SW 345th Place along the south property line and will connect it to SW 345111 Place in the Parklane Estates Division II subdivision. The Keller preliminary plat will construct the south portion of SW 345'" Place. A 25,486 square foot Tract B located in the northcentral portion of the site is designated for a storm water detention facility. A ten foot wide landscape buffer will be installed on 21stAve. SW across the plat frontage. 6. The applicant filed a completed application for preliminary plat approval on February 18,2000, and in accordance with RCW 5~;17.033 is subject to the comprehensive plan, zoning regulations, and land use orllinances in effect on said date. 2 9. 10. 11. 12. 7. The storm drainage facilities must comply with the 1998 King County Surface Water Design Manual as well as applicable recommendations of the Executive Proposed Basin Plan for Hylebos Creek and Lower Puget Sound. Such standards require surface water detention, biofiltration, and oil/water separation. The storm drainage system proposes to collect storm water runoff and convey it through a pipe system to a water quality biofiltration swale. The water will flow through the swale to an engineered pond where it will infiltrate into the ground. 8. The rolling topography of the site has average slopes of less than 7%. The site slopes downward from the east and west portions to the center, the proposed location for the detention pond. Vegetation includes fir, cedar, and fruit trees along with shrubs and grass. Forty-nine trees meet the definition of "significant" as set forth in the Federal Way City Code (FWCC). The applicant must remove nine significant trees to construct the required infrastructure and utilities. While small birds and animals likely inhabit the site, none are threatened or endangered species. Replacement of significant trees as well as provision of buffer open space and the infiltration pond will mitigate the impacts of development on wildlife habitat. No sensitive areas such as landslide areas, erosion areas, wetlands, streams, or floodplains are located on the site. The site is located within the Single Family-High Density designation of the Federal Way Comprehensive Plan and the Single Family 'Residential (RS-7.2) zone classification of the FWCC. Both the comprehensive plan and RS-7.2 classification authorize single family residential homes on minimum 7,200 square foot lot sizes. All abutting properties are also located in the RS-7.2 classification and development consists of homes on minimum 7,200 square foot lot sizes with the exception of the State park and ride facility currently under construction to the north of the site. The site is'Þresently improved with single family residences and associated structures, all of which will be removed prior to development. The street improvements detailed on pages 8-10 of the staff report are complex due to development of the plat in conjunction with the Keller preliminary plat abutting the south property line. Issues have also arisen because development of the two plats will allow extension of SW 345'" Place from its present terminus in the Parklane Estates Division II subdivision to 21st Ave. SW, and the extension of 18th Ave. SW from its current terminus at the north property line of the Rosella Lane subdivision to SW344th Street and SW 345th Place. The preliminary plat map shows that the applicant will construct half street improvements on SW 344th Place locate9 adjacent to the north property line. The applicant will provide a 30 foot wide right-of-way; 20 feet of pavement; vertical curb, gutter, and streetlights; a five foot sidewalk; and a four foot landscape strip with 3 13. 14. 15. 16. 17. trees. Internal plat roads separated from the east and west property lines by one tier of lots extend south from SW 344th Place to SW 345th Place. The applicant will also construct 18'" Ave. SW from SW 344th St. to the south property line. Said road bisects the plat and will continue south through the Keller plat to SW 346th Place and the Rosella Lane plat. The applicant will construct half street improvements on SW 345th Place to emergency vehicle access standards. Upon completion of the Keller and Belle Meadow plats, SW 345th Place will be extended from its present terminus at the east property line of Parklane Estates Division II to the west property line of a parcel not part of the plat separating the northwest portion of the Keller plat from 21st Ave. SW. The applicant and Keller will construct a temporary cul-de-sac at said location. The Keller plat will then extend SW 346'" Place to 21st Ave. SW, but at such time as SW 345th Place is extended to 21st Ave. SW, the Keller plat will close the 346th Place access and construct a permanent cul-de-sac. The applicant will construct sidewalks along all lot frontages within the subdivision and landscaping along 21st Ave. SW., and will screen the infiltration pond. Furthermore, based upon a neighborhood meeting the applicant will install traffic calming mitigation on SW 345'" Place and other neighborhood traffic safety improvements to include a raised pedestrian crosswalk and raised pavement markers. Children residing in the plat will attend Sherwood Forest Elementary, lIIahaee Junior High School, and Federal Way High School. The Federal Way School District states that elementary students will walk to Sherwood Forest because the subdivision is within a one mile radius. The district has approved an access route for students from the proposed subdivision to the school utilizing existing sidewalks, and will provide bus transportation for both junior high and senior high students. Existing sidewalks provide appropriate access to school bus stops for such students. The applicant must comply with the City School Impact Fee Ordinance at the time of building permit application. Section 20-155(b) FWCC requires the applicant to set aside 15% of the gross plat land area as open space or in the alternative pay a fee in lieu of such dedication for the support and maintenance of City parks within the park comprehensive plan planning area in which the subdivision is located. The City parks director has approved the applicant's fee in lieu of proposal. The Lakehaven Utility District will provide both domestic water and fire flow to the site and will also provide sanitary sewer service to each lot. Prior to obtaining approval of a preliminary plat the applicant must establish that the request satisfies the decision criteria set fGrth in Section 20-126(c) FWCC. Findings on each criteria are hereby made as follows: 4 C. D. E. A. The proposed preliminary plat complies with the 1995 Federal Way Comprehensive Plan which designates the site and surrounding area as Single Family - High Density. The proposed density and lot sizes comply with the said designation. B. A preliminary plat will comply with FWCC Chapter 18, Environmental Policy; Chapter 20, Subdivisions; and Chapter 22, Zoning. The plat will also comply with all other applicable codes and regulations as conditioned hereinafter. The proposed preliminary plat is consistent with the public health, safety, and welfare. The plat complies with the design criteria set forth in Section 20-2 FWCC. The plat makes an effective use of the land; provides water, sewage, drainage, and recreational areas; promotes safe and convenient travel on streets; provides proper ingress and egress; and provides for the housing needs of the community. The subdivision complies with development standards set forth in Sections 20-151 through 20-157, and Sections 20-158 through 20-187 FWCC. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 4. 1. The Hearing Examiner has jurisdiction to consider and make recommendations to the Federal Way City Council on the issues presented by this request. 2. -- The proposed preliminary plat of Belle Meadow complies with the Single Family - High Density designation of the 1995 Federal Way Comprehensive Plan and satisfies all technical criteria of the RS-7.2 zone classification of the FWCC. 3. 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, fire protection, parks, playgrounds, schools and school grounds, and safe walking conditions. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision convenient to schools, parks, and shopping opportunities, and therefore should be approved subject to the following conditions: 1 5 1. Prior to issuance of construction permits, a landscape plan prepared by a licensed landscape architect shall be submitted to the City for approval, and shall include the following elements: a. Required ten foot Type III arterial street landscape buffer along the 21st Avenue SW frontage; Open space area landscaping; Street trees in planter strips inside plat boundaries along the 21st Avenue SW frontage; Significant tree replacement plan; and Visual screening of the stormwater infiltration tract from the right-of- way with landscaping and/or fencing. b. c. d. e. 2. Prior to final plat approval, the existing structure on Lots 2, 5, 6, 7, 8, and 37 must be removed or relocated to conform to building setbacks requirements as established by the FWCC, or lot lines must be adjusted accordingly. 3. Final plat approval of the Belle Meadow subdivision shall occur simultaneously with, or subsequent to, final plat approval of the adjacent Keller subdivision in order to extend and provide access from SW 345th Place in the configuration indicated on the preliminary plat drawing. Alternatively, prior to issuance of construction permits, the preliminary plat drawing shall be revised and submitted to the City for approval to indicate a revised access configuration from SW 345th Place to the Belle Meadow subdivision that meets all applicable City and Fire Department requirements. 4. Prior to issuance of construction permits, the applicant shall revise the plat to redesign the southwest corner of SW 345th Place and 20th Avenue SW to rl:onstruct a half-street improvement, including a minimum of 20 feet of pavement, curb, gutter, streetlights, a four foot planter strip with street trees, and a five foot sidewalk along the entire Lot 9 frontage. 5. Prior to issuance of construction permits, the applicant shall revise the plat to remove the radius of the west right-of-way line of 20th Avenue SW along the proposed Lot 8 frontage. The west right-of-way line of 20th Avenue SW along the proposed Lot 8 frontage shall be redesigned to be perpendicular to the southern property line of the site and parallel to the 21st Avenue SW right-of-way. 6. Prior to issuance of construction permits, the applicant shall revise the plat to correctly label 20th Avenue S'fI and 16th Avenue SW, which are not currently shown. 1 6 7. 8. 9. 10. 11. 12. 13. The applicant shall acquire, or arrange for dedication in a form acceptable to the City, sufficient off-site right-of-way as indicated on the Preliminary Plat between the northern property line of the site and the SW 344th Street right- of-way for the extension of 18'" Avenue SW. Prior to issuance of construction permits, the applicant shall submit evidence of ownership, or arrangements for dedication in a form acceptable to the City, of the required 18th Avenue SW off-site right-of-way for the review and approval of the Public Works Director. Prior to final plat approval, the section of SW 344th from 21st Avenue SW to 18'" Avenue SW, including the full intersection of SW 344th Street and 18th Avenue SW, shall be constructed, approved, and dedicated to the City. Prior to issuance of construction permits, the applicant shall submit design and construction plans for two speed humps, one on SW 344th Place and one on SW 34Sth Place, for the review and approval of the Public Works Director. The speed humps shall be designed and located to discourage potential cut-through traffic into adjoining neighborhoods. Prior to issuance of construction permits, the applicant shall submit design and construction plans for a raised pedestrian crosswalk at the regional BPA trail crossing on SW 344111 Place, for the review and approval of the Public Works Director. Prior to issuance of construction permits, the applicant shall submit design and construction plans for street lighting at the intersections of SW 344th Place and SW 345th Place with 15'" Place SW, in the vicinity of the Park Lane Neighborhood, for the review and approval of the Public Works Director. The \Street lighting shall be designed and located to enhance overall pedestrian and vehicular safety by increasing visibility. Prior to issuance of construction permits, the applicant shall submit design and construction plans for raised pavement markers along the roadway centerline in the vicinity of SW344th Place and 16th Avenue SW, for the review and approval of the Public Works Director. The raised pavement markers shall be located in the areas where there is the potential for vehicular traffic to "drift" across the centerline while traversing curves in the roadway. Pursuant to the applicant's proposal to pay a fee-in-lieu of providing the required 63,825 square feet of on I>ite open space, and as provided by the FWCC, the most recent assesse\:t values of all parcels comprising the subdivision site or a current appraisal value determined by an MAl certified 7 16. 17. 18. appraiser must be submitted to the City to determine the required open space fee. Payment of the open space fee shall be required before final plat approval. 14. Stormwater conveyance, water quality, and infiltration facilities used to control stormwater runoff from the site shall be located in a stormwater tract dedicated to the City at the time of final plat approval, unless located within improved pubic rights-of-way. 15. The final plat drawing must establish the required arterial street landscape buffer along the 21st Avenue SW frontage in a separate tract to be owned in common and maintained by property owners of the residential subdivision, and prohibiting .removal or disturbance of landscaping within the tracts, except as necessary for maintenance or replacement of existing plantings and as approved by the City. The arterial street landscape buffer along the 21 st Avenue SW frontage shall be maintained in a condition consistent with the approved landscape plan pursuant to Condition No.1, above. All streets shall have a minimum pavement sections of three inches Class B asphalt over six inches of crushed surfacing to support the traffic loads. Clearing for the construction of the plat improvements, including roads, stormwater improvements, and utilities, shall be generally consistent with the clearing limits depicted on the Preliminary Grading and Utility Plan that was prepared by the applicant for the preliminary plat process. The clearing limits referenced above are the approximate clearing limits necessary for road, stormwater, improvements, and utility grading, and may be modified with the approval of the Community Development Services and Public Works Departments during final engineering review as required to reflect changes in road, stormwater improvements, and utility designs, if any. The remaining clearing beyond these limits necessary for development of the residential lots shall not be performed until approved permits are issued for development of the residential lots. Prior to final plat approval, all required improvements must be completed or the improvements appropriately bonded, per City code requirements. Design and construction of plat improvements shall conform to the FWCC, 1998 KCSWDM, Hylebos Creek and Lower Puget Sound Basin Plan, and all other applicable codes and regulations. 8 RECOMMENDATION: It is hereby recommended to the Federal Way City Council that the preliminary plat of Belle Meadow be approved subject to the conditions contained in the conclusions above. DATED THIS 11 /2. DAY OF September, 2000. APPLICANT: Dick Schroeder Happy Valley Land Company P.O. Box 1324 Issaquah, WA 98027 AGENT/ENGINEER: ESM Consulting Engineers Stuart 1.. Scheuerman 720 South 348th Street Federal Way, WA 98003 OWNER: Dick Schroeder Happy Valley Land Company P.O. Box 1324 Issaquah, WA 98027 - Chris Kraft Don Bowditch Terry Gibson 2022 SW 347th Place 2019 SW 347'" Place P.O. Box 330 , Federal Way, WA 98023 Federal Way, WA 98023 Olalla, WA 98359 City of Federal Way c/o Chris Green 33530 1st \('Jay S. Federal Way, WA 98003 \' 9 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 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.