Res 00-329
RESOLUTION NO.
00-329
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE PRELIMINARY PLAT OF SILVERWOOD,
FEDERAL WAY FILE NO. SUB98-0006.
WHEREAS, the applicant Novastar Development Inc., applied to the City of Federal Way for
preliminary plat approval to subdivide certain real property known as Silverwood and consisting of29.55 acres
into seventy (70) single family residential lots located south and west of the intersection ofSW 360tb Street and
8th Avenue SW; and
WHEREAS, on February 17, 2000, an Environmental Mitigated Detennination of
N onsignificance (MONS) was issued by the Director ofF ederal Way's Department of Community Development
Services pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C; and
WHEREAS, on March 17,2000, Charles Connon and Bernard Mottershead filed an appeal of the
SEP A environmental mitigated detennination of nonsignificance; and
WHEREAS, on March 20, 2000, Michael Gendler on behalf of Ray Parke filed an appeal of the
SEP A environmental mitigated detennination of nonsignificance; and
WHEREAS. on September 20, 2000, Michael Gendler on behalf of Roy Parke withdrew the
appeal of the SEP A environmental mitigated detennination of nonsignificance; and
WHEREAS, pursuant to Federal Way City Code Section 20-115, the SEPA appeal hearing and
preliminary plat application open record hearing shall be held simultaneously; and
WHEREAS, at the applicants request, the Federal Way Land Use Hearing Examiner on August 4,
2000, continued the public hearing until September 25, 2000, concerning the Silverwood preliminary plat and the
SEPA appeal; and
00-329
RES#_.PAGEI
CC(Q)rPY
WHEREAS, following the conclusion of said hearing, on October 9, 2000, the Federal Way Land
Use Hearing Examiner issued a written Report and Recommendation containing fIDdingS, conclusions, and
recommending approval of the preliminary plat of Silverwood subject to conditions set forth therein; and
WHEREAS, following the conclusion of said hearing, on October 9, 2000, the Federal Way
Hearing Examiner issued a written Report and Decision containing findings and conclusions denying the SEP A
environmental appeal of Charles Connon and Bernard Mottershead; and
WHEREAS, no appeal of the Hearing Examiner decision on the SEP A environmental appeal was
filed, and the SEP A appeal period expired on October 23, 2000, and
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 November 21, 2000, the City Council considered the written record and the
Report and Recommendation of the Hearing Examiner on the Silverwood preliminary plat, 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 1. AdoDtion of Findings of Fact and Conclusions.
1.
The fIDdingS 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
fIDdings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any
conclusion deemed to be a rIDding, 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,
100-329
RES#_.PAGE2
streets or roads. alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and
recreation, play grounds. schools and schools 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 ITom school.
3,
The public use and interest will be served by the preliminary plat approval granted
herein,
Section 2, A¡>plication Aooroval. Based upon the recommendation of the Federal Way Land Use
Hearing Examiner and fmdings and conclusions contained therein as adopted by the City Council immediately
above, the preliminary plat of Silverwood, Federal Way File No. SUB98-0006 is hereby approved, subject to
conditions as contained in the Recommendation of the Federal Way Land Use Hearing Examiner dated October 9,
2000 (Exhibit A),
Section 3. Conditions of ADDroval Integral. The conditions of approval oftlte preliminaIyplat are
all integral to each other with respect to the City Council fmding 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 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 affmned.
100-329
RES#_.PAGE3
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 F'EDERAL WAY, WASHINGTON,
nns
21sÐAYOF
November
.2000,
CITY OF F'EDERAL WAY
~/¿¿
APPROVED As To FORM:
~c~
~ITY ATTORNEY, ROBERT~. STERBANK
FILED WITH THE CITY CLERK: 11/15/00
PASSED BY THE CITY COUNCIL: 11/21/00
RESOLUTION No. 00-329
LjCSÐCIDOCSISA """"""'.DOC
,00-329
RES _,PAGE4
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF:
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FWHE# 00-12
SUB 98-0006
PRELIMINARY PLAT OF SILVERWOOD
PROCESS IV
I. SUMMARY OF APPLICATION
The applicant requests preliminary plat approval to allow a 70 lot residential lot
cluster subdivision as provided for under Federal Way City Code (FWCC) Chapter 20,
Subdivisions; and requiring approval for pursuant to FWCC Section 20-110.
II. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
September 25, 2000
October 9, 2000
At the hearing the following presented testimony and evidence:
1.
Jim Harris, Senior Planner, City of Federal Way
2.
Cary Roe, Director of Public Works. City of Federal Way
3.
Bob Sterbank, Deputy City Attorney, City of Federal Way
Tom Barghausen, applicant, Nova Star Development, Inc., 182157200 Ave.
South, Kent, WA 98032
4.
5.
Terry Brink, attorney for applicant, P.O. Box 1157, Tacoma, WA 98401
6.
Charles Connon, appellant, 35530 6th Ave. SW, Federal Way, WA 98023
7.
Bernard Mottershead, appellant. 708 SW 357'" St., Federal Way, WA 98023
8.
Ronald Lilley, 35615 6th Ave. SW, Federal Way, WA 98023
9.
Patricia Owen, 926 SW 356th St., Federal Way, WA 98023
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EXHIBIT
10.
11.
Michael Rutter, 366196"' Ave. SW, Federal Way, WA 98023
David Moore, 35817 10th Ave. SW, Federal Way, WA 98023
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
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18.
19.
Staff Report with all attachments
Rosewood Lane Staff Report and attachments
Environmen!al Appeals
Power Point Presentation
Letter from John Davis
Letter from Alma Bennett
Revised conditions
Letter from Ray Parke withdrawing appeal
HSPF Analysis dated 8-3-00 (revision)
Poster board of SW 356th storm water facility
Terry Brink's Letter Memorandum
Letter from David Kaplan
Drawings for Silverwood submitted by Terry Brink
Drawings for Rosewood Land submitted by Terry Brink
Letter from Department of Fish and Wildlife dated December 2, 1999
Charles Connon's comments
Photos submitted by Barghausen Engineering
Wide angle photo submitted by Bernard Mottershed
Large photos submitted by Barghausen Engineering
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20.
Petition submitted by Michael Rutter
21.
Bernard Mottershead's supplemental submission
22.
Exhibit showing pipe under 356'h St.
23.
Document - Affidavit of Distribution
24.
Sign Installation Certificate
25.
Document Affidavit - September
26.
Page 1-57 of the 1998 Surface Water Manual
27.
Page 1-35 of the 1998 Surface Water Manual
28.
Public Notice (yellow sheet) published on City Hall doors
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 rnarked as Exhibit "1" and
incorporated in its entirety by this reference.
3.
A Mitigated Environmental Determination of Nonsignificance (MDNS) was issued
by the City of Federal Way for the proposed action on February 17, 2000. This
determination was based on review of information in the project file, including the
environmental checklist, and staff evaluation of the environmental checklist for
Silverwood resulting in the conclusion that the proposal would not result in probable
significant adverse impacts on the environment provided the applicant complies with
the mitigation measures in the MONS. The city received two timely appeals of the
SEPA MONS. Pursuant to FWCC Section 20-115, the SEPA appeal hearing and
preliminary plat application hearing shall be held simultaneously. The staff report
to the Hearing Examiner on the SEPA appeal is under separate cover.
4.
All appropriate notices were delivered in accordance with the requirements of the
Federal Way City Code (FWCC). While the environmental appellants challenged the
notice, exhibits in the record establish that the City properly published, posted, and
mailed notice of the original scheduled August hearing in the month of July.
Following the Examiner's continuance of the hearing based upon the applicant's
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request the City posted a notice of the continuance and the new hearing date and
tirne on the doors of City Hall. The City also mailed a new notice of the time and
date of hearing to all property owners within 300 feet of the site and to parties of
record,
The applicant has a possessory ownership interest in an "L" shaped, 29.55 acre,
unimproved parcel of property located south of SW 356th St. at the terminus of 8th
Ave, SW. The applicant requests preliminary plat approval of a clustered
subdivision with a minimum lot size of 4,800 square feet and an average lot size of
5,785 square feet.
The preliminary plat map shows that the applicant will extend 8'" Ave. SW south and
west through the site to the south property line, and will also extend SW 361st St.
from the east to the west property line, Cul-de-sac roads extending north and south
of 8'h Ave, SW will ensure provision of internal access to all lots. Tract A, a 54,362
square foot parcel located at the intersection of 8'" Ave. SWand SW 360th St., will
contain a storm drainage pond sized to accommodate runoff from both the
Silverwood parcel and the adjacent nine lot plat of Rosewood Lane. Rosewood
Lane will extend 361 st St. from 6th Ave. SW to the east property line of Silverwood.
The west half of the base of the "L" will remain in permanent open space as it
contains wetlands and wetland buffers. A wetland and buffer will also be preseNed
in the southeast corner of the parcel in Tract D containing 103,222 square feet.
Approximately 47% of the parcel will remain in open space.
The site and parcels to the north and west are located within the Single Family High
Density designation of the Federal Way Comprehensive Plan, while properties to
the south and east are located in the Single Farnily Medium Density Designation.
The site and parcels to the north and west are within the RS-9.6 zone classification
which authorizes single family residential dwellings as outright permitted uses on
minimum 9,600 square foot lot sizes. Parcels to the south and east are in the RS-
15.0 zone classification which authorizes single family residential dwellings on
minimum 15,000 square foot lot sizes.
9.
The applicant originally submitted a completed application for a 51 lot traditional
subdivision in compliance with the RS-9.6 zone classification on June 21, 1996. On
January 6, 1998, the Federal Way City Council adopted Section 20-154 of the
Federal Way City Code (FWCC) which authorized cluster subdivisions. The
applicant then withdrew the original application and resubmitted a completed
application for a 70 lot cluster subdivision which the City deemed complete on
November 3, 1998.
10.
Section 20-154(a) FWCC allows cluster subdivisions in order to promote open space
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and to protect natural features such as wetlands and other environmentally sensitive
areas, The code allows an applicant to reduce lot sizes and locate the lots in
"clusters" on the site on non-sensitive portions of a site, while maintaining sensitive
areas in open space. Section 20-154(b) FWCC authorizes reduction of lot sizes up
to one-half of the size authorized by the underlying zone classification, but in no
case less than 3,600 square feet. The applicant's proposed minimum lot size of
4,800 square feet equals 50% of the minimum 9,600 square foot lot size authorized
by the RS-9.6 zone classification. The size of the parcel would allow 87 lots in a
clustered subdivision, but the applicant requests only 70.
The primary objection to approval of the preliminary plat and the subj~ct of the
environmental appear concerns storm water rnanagement. The environmental
appellant asserts that development of the plat will create flooding at various
locations between the plat storm drainage pond and at the ultimate destination for
the storm water, a closed depression in the Bellacarino Woods subdivision
designated as Tract A. The applicant proposes to collect all storm water from
impervious surfaces in both the Silverwood and Rosewood Lane plats, direct it to
the storrn drainage pond at the northeast corner of the Silverwood plat, and then
discharge the water to a natural drainage system which flows to Tract A in the
Bellacarino Woods subdivision. The applicant has received permission from both
the City Public Works Department and the owner of Tract A to excavate Tract A to
a sufficient depth to accommodate storm water from the two plats. The applicant
has also acquired a parcel of property adjacent to Tract A owned by Roy Parke (an
environmental appellant represented by attorney Mickey Gendler who subsequently
withdrew his environmental appeal). In addition to Tract A the applicant may
excavate the Parke property to accommodate storm water. Finally, the City of
Federal Way may acquire additional parcels surrounding Tract A for the purpose of
converting the area into a regional storm facility. The applicant will have the
opportunity to use either Tract A and the Parke property or the regional facility when
constructed.
The applicant will construct a two cell, detention/water quality, wet pond of sufficient
size to accommodate storm water runoff from the two plats. Storm drainage facilities
also include settling areas to reduce sediment and preserve the infiltration
properties of Tract A. Stormwater will also be directed through a bioswale before
discharge, and the applicant will fence and landscape the excavated portion of the
Tract AlParke property. The applicant originally calculated the volume for the
original 51 lot plat, but then reevaluated the volume using the HSPF method for the
70 lot clustered subdivision. While concerns were raised regarding high
groundwater and inadequate separation from the bottom of the pond, the Public
Works director testified that groundwater is not an issue; that the applicant is
authorized to excavate to an elevation of 311 feet; that the code authorizes a
minimum three foot separation between the bottom of the pond and the highest
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groundwater; and that the closest the groundwater will get to the bottom of the pond
is seven feet. While concerns were raised that the pond has no natural overflow, the
director testified that the pond has an outlet at elevation 318.91 feet, but the City
has no evidence that water has ever overtopped the outlet. Residents in opposition
presented no expert testimony contradicting the applicant's and the City's experts,
Concerns were raised that the south portion of the plat presently drains to the
Hylebos waterway and that directing plat water to the north will eliminate said flow
and adversely irnpact salmon. The director testified that the storm drainage plan
shows that the south part of the plat will continue to drain to the south while the
balance will go no~h to the closed depression.
Testimony asserted that the applicant could not use the Bellacarino Woods
depression since the City has not accepted the pond. As previously found, the
applicant has secured approval of the owner of the pond and the City to direct its
storm water thereto. Furthermore, the natural flow from the area is to the closed
depression and the applicant has a right to discharge its water to the existing
natural drainage. At the present time, the City is evaluating the Bellacarino Woods
pond and is holding a rnaintenance bond to verify that it is working. The pond is
complete and acceptance by the City does not affect the completion date.
Concerns were also raised regarding downstream flooding between the Silverwood
subdivision and the Bellacarino Woods closed depression. Testimony by the City
and the applicant established that flooding is likely caused by inadequate storm
drainage facilities installed in the past. The applicant will improve some of these
facilities during plat construction which will alleviate some of the downstream
flooding. The release rate from the storm drainage pond will ensure that the storm
water will not discharge to the drainage swale at an increased rate.
The Alderwood gravelly sandy loam soils underlying the site will support a clustered
subdivision as they are deemed capable of supporting urban development as their
properties include slow runoff and slight erosion hazards. The topography rises
gradually from north to south and has no steep slopes or other geologically
hazardous areas.
The site is heavily wooded with second growth forest and a dense understory of
shrubs. Construction of the plat will require clearing approximately 46% of the site
and will result in the removal of approximately 46% of the significant trees on site
(157 of 354). The applicant must submit and obtain approval of a tree clearing plan
and landscape plan pursuant to Section 20-158 FWCC.
Terra Associates, Inc., the applicant's wetlands expert, identified four wetlands on
the site. The City's wetland consultant, Adolfson Associates, Inc., reviewed the
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21.
Terra Associates report and concurs with the delineations. The site plan shows that
all improvements and land surface modifications will occur at least 100 feet from all
wetlands, The applicant will preserve and protect said wetlands with minimum 100
foot wide buffers, An MDNS mitigating measure requires fencing and signing of all
wetlands.
Terra Associates, Inc., also conducted a series of wildlife and habitat evaluations
on the Silverwood parcel which were reviewed and approved by Adolfson
Associates, Based upon letters asserting the presence of a red tailed hawk, the
applicant also submitted a wildlife reconnaissance report on November 19. 1999,
(Exhibit S-9) which establishes that no nests exist on the site for medium or large
raptors. The Terra repbrt identified evidence of foraging by a pileated woodpecker,
a candidate species for the threatened or endangered species list. While the site is
rnuch too small to support pileated woodpeckers, SEPA mitigating measures require
the creation of nine snags within the permanent open space areas to compensate
for those removed by plat construction. Impacts on wildlife are mitigated through
preservation of approximately 14 acres as permanent open space.
The site is located within the southern portion of the city in a single family residential
area. Parcels to the 'north are generally developed with single family residences on
lots ranging between 9,000 and 30,000 square feet, while to the east single family
dwellings are located on lots ranging from 15,000 square feet to four acres. Single
family dwellings on large lots are also to the south. The cluster development will
allow substantially smaller lots than presently exist in the area, but many of the lots
are buffered from abutting development by the wetland buffer. Furthermore, this
area of the city is in transition from large lots to developments in accordance with
the RS-9.6 zone classification.
Concerns were raised that the City Council has placed a moratorium on cluster
development and that Silverwood should not be allowed. However, the ordinance
establishing the moratorium vests all completed applications for cluster
subdivisions. Furthermore, RCW 58.17.033 states in pertinent part as follows:
A proposed division of land, as defined in RCW 58.17.020, shall be
considered under the subdivision or short subdivision ordinance,
and zoning or other land use control ordinance, in effect on the
land at the time a fully completed application for preliminary plat
approval of the short subdivision...has been submitted to the
'appropriate... city. ..official.
Thus, State law also requires the City to consider the present application for a
cluster subdivision. Section 20-153 FWCC sets forth the formula by which an
applicant determines the maximum number of lots which can be created in a cluster
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26.
27.
subdivision. Said formula requires subtraction of 15% of the site for open space
and 20% of the site for streets. Calculations show that the applicant could obtain a
maxirnum of 87 lots on the site, but has requested 70.
Section 20-154(e) FWCC requires a cluster subdivision to provide at least 15% of
the site as usable open space, and 15% of the present site calculates to 193,091
square feet. The applicant proposes 195,595 square feet within Tracts F and K
located in the northwest and southwest portions of the plat. The applicant will
improve Tract F with an irrigated open lawn play area, children's tot lot, bench
seating, picnic tables, and a gravel pathway. Tract K will provide a pedestrian
pathway from an in.ternal plat cul-de-sac to SW 360th St.
The applicant will construct sidewalks along all street frontages and half street
improvements on SW 360th St. which will include a six foot wide sidewalk and four
foot wide planter strip on its south side.
The applicant submitted a Traffic Impact Analysis (TIA) prepared by Transpo Group,
a qualified traffic engineering firm. The City's traffic engineer reviewed the TIA and
concluded that the proposed street layout is consistent with adopted City codes and
the comprehensive plan. The applicant will improve 8th Ave. SW within the plat as
a rninor collector which will include a 62 foot wide right-of-way and 36 foot wide
pavernent width with curb, gutter, four foot wide planter strip, and six foot wide
sidewalks on both sides. The balance of the internal plat roads will be improved as
local streets. Mitigating measures in the MONS require off-site traffic mitigation in
the nature of a prorata share contribution of $118,200 to off-site traffic improvement
projects, and the improvement of 8th Ave. SW between the plat entry and SW 356th
St. to minor collector standards.
School aged children residing in the plat will attend Enterprise Elementary, lIIahee
Junior High School, and Federal Way High School. The district will bus elementary
and senior high school students, but junior high school students will walk to lIIahee
Junior High. Safe walking conditions will be provided by the construction of on-site
sidewalks and a sidewalk along 8th Ave. SW between SW 360th and SW 356th. The
applicant must also comply with the City School Impact Fee Ordinance and make
a payment of $2,383 per single family housing unit.
The Lakehaven Utility District has provided a certificate of water availability
confirming that it will provide both potable water and fire flow to the site. The
Lakehaven Utility District has also issued a certificate of sewer availability
confirming that it can serve all lots with sanitary sewers.
Prior to obtaining preliminary plat approval the applicant must establish that the
request satisfies the criteria set forth in Section 20-126(c) FWCC. Findings on each
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criteria are hereby made as follows:
A
As previously found, the proposed preliminary plat cornplies with the Federal
Way Comprehensive Plan which designates the site as Single Family - High
Density.
B,
The project complies with all provisions of the FWCC to include those
adopted by reference from the comprehensive plan to include Chapter 18,
Environmental Policy; Chapter 20, Subdivision; and Chapter 22, Zoning.
Future development of the subdivision will also be required to comply with
applicable çJevelopment codes and r~gulations.
C,
The project is consistent with the public health, safety, and welfare as both
the cornprehensive plan and FWCC authorize its development.
D,
The preliminary plat complies with the design criteria listed in Section 20-2
FWCC.
E.
As conditioned, the plat complies with all development standards set forth in
Sections 20-151 through 157 and 20-158 through 187 FWCC.
Concerns regarding development of the plat itself and its storm water facilities will
be addressed prior to final plat approval and the construction of homes. The
Washington Court of Appeals in Toppinq v. Pierce County Board of Commissioners,
29 Wn. App 781 (1981), described a preliminary plat as follows:
The purpose of a preliminary plat is to secure approval of the
general "design" of a proposed subdivision and to determine
whether the public use and interest will be served by the platting.
Although the Planning Department must determine... whether water
supplies [and] sanitary waste disposaL.are currently available or
whether provisions must be made for the addition of such services,
see RCW 58.17.110, compliance with specific health regulations
applicable to a completed development is not required for approval
of a preliminary plat. Essentially, the preliminary plat supplies
information not specified by regulation or ordinance. Matters which
are specified by regulation or ordinance need not be considered
unless conditions or infirmities appear or exist which would
preclude any possibility of approval of the plat. 29 Wn. App. 781
at 783. '
The IQJmJng case was recently cited with approval in the unpublished Court of
Appeals case of Larqent et at v. Klickitat County.
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In Haas et al. v. Clark County Division II of the Court of Appeals in an unpublished
opinion dated January 22, 1999, discussed preliminary plat approval as follows:
RCW 58.17.020(4) provides that a "preliminary plat" "is a neat and
approximate drawing of a proposed subdivision showing the
general layout of streets and alleys, lots, blocks, and other
elements of a subdivision consistent with the requirernents of this
chapter. The preliminary plat shall be the basis for the approval or
disapproval of the general layout of a subdivision". In contrast, a
"final plat" "i~ the final drawing of the subdivision and dedication
prepared for filing for record with the county auditor and containing
all elements and requirements set forth in this chapter and in local
regulations adopted under this chapter"... Furthermore, both the
statute and the code contemplate conditional approval, which
suggests that if a requirement is not fully satisfied at the time of
preliminary approval, then meeting this requirement may be made
a condition of final approval...and we have previously held that the
approving authority is empowered to condition approval of the plat
upon compliance with RCW 58.17.110...Conditional approval
serves the goal of compliance with the statutory scheme and the
county code requirements because it requires the developer to
satisfy those requirements before final approval....
In the present case, the applicant has provided significantly more detail regarding
its storm drainage system and other elements of the plat than is norrnally provided
at the preliminary plat stage. While more information will be required prior to
approval of a final storm drainage plan to include the size of drainage facilities
between the Silverwood and Bellacarino ponds, these issues will be addressed in
accordance with City ordinances prior to final plat approval. The applicant has rnore
then satisfied the detail required for preliminary plat approval.
The Examiner is aware of concerns raised by property owners in the area that
dense subdivisions will change the character of the area, adversely affect their
lifestyles and property values. and create the need for additional services. These
concerns are akin to those addressed by the Washington Supreme Court in the
case of SORE v. Snohomish Countv, 99 Wn. 2d 363 (1983). In SORE, Snohornish
County adopted a new comprehensive plan which identified appropriate land for
industrial development and business parks. At the time of plan adoption an area
identified by the plan for industrial development consisted of agricultural land and
houses on substantial acreage. The applicant requested a zone reclassification to
industrial uses which would implement the newly adopted comprehensive plan. The
Court quoted favorably from the Snohomish County Hearing Examiner's decision
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as follows:
If such implementation [of the plan] were not allowed to occur until
physical or developmental circumstances in the area had changed,
a new comprehensive plan might never be fulfilled: If an area is
presently undeveloped and a newly amended comprehensive plan
calls for industrial development, no industrial development may
occur until at least one industrial rezone has been granted. If the
rezone itself cannot occur because land development patterns
have not changed in the area then the industrial development most
likely will never have the opportunity to occur. 99 Wn. 2d 363 at
370..
In the present case, the applicant does not request a zone reclassification, but
approval of a subdivision consistent with both the comprehensive plan and zoning
regulations adopted by the City Council. As in SORE, supra., this urban growth
area cannot develop in accordance with the Council's determination unless
subdivisions in accordance with RS-9.6 and RS-15 densities are approved. Even
though the first subdivisions will be inconsistent with existing lot sizes, the Council
has determined that this area of the City is appropriate for such densities. While all
agree that the subdivision proposes smaller lots than abutting and nearby
properties, the subdivision is consistent with the RS-9.6 zone classification, the
cluster subdivision ordinance, and future development of the area as contemplated
by the comprehensive plan and zoning regulations.
RCW 36.708.040 requires a local government to determine a proposed project's
consistency with its development regulations adopted pursuant to Chapter 36.70A
RCW, the Growth Management Act. Said section provides that in determining
consistency of a particular project, "the determinations made pursuant to RCW
36.708.030(2} shall be controlling". One of the controlling determinations set forth
in RCW 36.708.030(2) is:
Density of residential development in urban growth areas.
Thus, since the applicant has established that the project satisfies the density
authorized in the comprehensive plan and FWCC as previously adopted by the
Council, and since these densities are controlling when considering a project's
consistency with the plan and code, the proposed plat must be considered
consistent with adjacent and nearby densities. Construction of detached single
family dwellings on smaller lot sizes than abutting properties does not create an
inconsistent or incompatible use or feature that would not allow orderly integration
or operation with other elements in the system. Smaller lot sizes in and of
themselves do not prohibit harmonious, agreeable, or friendly association with
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others.
IV. CONCLUSIONS
From the foregoing findings the Hearing Examiner makes the following conclusions:
1.
The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
2.
The proposed preliminary plat of Silverwood complies with the Single Family High
Density Designatio" of the Federal Way Comprehensive Plan, the RS-9.6 zone
classification, and the duster subdivision requirements of the FWCC.
3.
The proposed prelirninary plat makes appropriate provision for the public health,
safety, and welfare for open spaces, drainage ways, streets, roads, alleys, other
public ways, transit stops, potable water supplies, sanitary waste, parks and
recreation, playgrounds, schools and school grounds, and safe walking conditions.
4.
The proposed preliminary plat and cluster subdivision will serve the public use and
interest by providing an attractive location for a single family residential subdivision
in the south part of the City. Therefore, the proposed preliminary plat should be
approved subject to the following conditions:
1.
Final plat approval shall require full compliance with drainage provisions set
forth in the FWCC. Compliance may result in reducing the number and/or
location of lots as shown on the preliminary approved plat.
A.
Drainage plans and analysis shall comply with the 1998 KCSWDM
and amendments adopted by the City of Federal Way. City of Federal
Way approval of the drainage and roadway plans is required prior to
any construction.
B.
The runoff control facilities within Silverwood shall be located in a
separate Tract A, landscaped to allow for appropriate maintenance of
the facility, and dedicated to the City of Federal Way. Tract B at the
plat entrance shall be owned, landscaped, and maintained by the
homeowners association. A landscape plan for Tract B shall be
submitted to the city for review and approval as part of the plan.
C.
Stormwater quality treatment shall be provided using the basic water
quality menu options of the 1998 KCSWDM, as amended by the City
of Federal Way. Eighth Avenue SWand SW 360th Street shall be retro
fitted to provide water quality in accordance with FWCC.
12
0,
The off-site Bellacarino Tract A or other over-excavation shall be
designed and constructed in accordance with the KCSWDM to
accommodate the additional runoff volume from the Rosewood
development. Alternatively, the applicant may utilize the City's
proposed SW 356'" Regional Detention Facility, if established prior to
, the applicant's construction of Silverwood plat improvements and if
use of the Regional Detention Facility is approved by the Public
Works Director.
E.
The applicant has voluntarily proposed and preliminarily designed the
Silverwood Tract A storm drainage pond to accommodate the
Rosewood Lane preliminary plat.
F.
The Bellacarino Woods Pond shall be fenced with a six-foot chain link
fence (black, vinyl-coated) Type 1, and landscaped.
G.
An easement in favor of the city shall be executed over the entire
Silverwood Tract B for ingress, egress, and utilities.
2.
The applicant shall be required to construct all storm drainage improvements
necessary to mitigate all identified conveyance problems that are impacted
by the Silverwood plat, whether existing at the time of preliminary plat
approval or resulting from the plat's development, as identified during
engineering plan review, as required by the Public Works Director.
Engineering approval shall not be granted if it is determined that proposed
mitigation is not adequate to address the impacts of the project.
3.
The final plat drawing shall establish the usable open space in an open
space tract to be owned in common and maintained by property owners of
the proposed subdivision, and prohibiting removal or disturbance of
vegetation and landscaping within the tract, except as necessary for
maintenance or replacement of existing plantings and as approved by the
city. Additional vegetation may be located in open space tracts to meet the
MONS conditions approved by the city. A note shall be included on the final
plat map that the open space tracts shall not be developed with any
buildings, and may not be used for financial gain.
4.
Prior to issuance of construction permits, a final landscape plan, prepared by
a licensed landscape architect, shall be submitted to the city for approval,
and shall include the following elements:
A.
Open space landscaping in Tracts Band F;
13
5.
B.
Street trees in right-of-way landscape planter strip;
C.
Tree preservation plan; and
D.
Visual screening of the Silverwood Tract A from adjacent right-of-ways
with landscaping and/or fencing. Cyclone fencing, if used, shall be
coated black or green, and shall be screened by vegetation.
The proposed subdivision shall comply with the 1993 King County Road
Standards (KCRS) as amended by the City of Federal Way for this project,
including thé.foJlowing requirements:
A.
SW 360" Street shall be improved along the frontage of the project as
a Minor Collector, half-street improvement. Irnprovements will include
dedication of 32 feet of new right-of-way to combine with the existing
30 feet of right-of-way for a total of 62 feet. The existing pavement
shall be extended an additional 18 feet south from the existing right-
of-way, and improved with a vertical curb and gutter, four-foot planter
strip, street trees, streelights, and six-foot wide sidewalk. Where the
applicant is proposing to regrade the profile of SW 360th Street along
the eastern 200 feet of frontage, the improvements shall include 36
foot pavement width, and curb and gutter on both sides. (The planter
strip and sidewalk shall be required on the south side only).
B.
Eighth Avenue SW within the plat shall be improved as a Minor
Collector. This includes 62 foot wide right-of-way and 36 foot wide
pavement width, curb and gutter, four-foot planter strips, and six-foot
wide sidewalks on both sides of the roadway, streetlights, and street
trees. The sidewalk on the east side shall be extended to the
intersection of SW 360th Street.
C.
SW 361sl, SW 363"', and SW 365th Streets shall be improved as local
streets, which include 52 foot wide right-<>f-way and 28 foot pavement
width. Vertical curb and gutter, four-foot planter strips, and five foot
wide sidewalks shall be provided on both sides of the street.
Streetlights and street trees shall also be provided.
D.
Prior to final plat approval, signage shall be installed on all temporary
cul-de-sac barricades as required by the Public Works Director. The
signage shall be a minimum size of three feet by three feet with three
inch letters, and state, "This street is planned for future extension by
future development. For more information contact the City of Federal
14
6.
Way Public Works Department as 253-661-4131.
E.
Tracts C, L, I, J, and M shall be improved to the private access tract
standard and shall be limited to serving a maximum of four lots. The
lots that abut these tracts for access shall have undivided ownership
of the tract and be responsible for its maintenance. The maintenance
agreement for the private access tracts shall be included on the plat
and the language approved by the city. Improvements shall include
a 36 foot tract width and 20 foot pavement width, Vertical curb and
gutter and five foot wide sidewalk without planter strips shall be
provi.ded on one side. Tract length shall be limited to a rnaximurn of
150 feet from face of curb to end of tract, unless a 90 foot diameter
turnaround is provided.
F.
All streets have a minimum pavement section of three inches Class
B asphalt over six inches of crushed surfacing to support the traffic
loads.
Clearing for the construction of the plat improvernents (roads, pond and
utilities and lots 1, 2, 33, 34, 38-42, 54-65, 69, and 70) shall be generally
consistent with the clearing limits depicted on the Preliminary Road Grading,
Storm Drainage, Water Main, and Sanitary Sewer Plan, Sheet 2 of 8, that
was prepared by the applièant for the preliminary plat process. ,The clearing
limits referenced above are the approximate clearing limits necessary for
road, utility, pond, and necessary lot grading, and may be modified with the
approval of the Community Development and Public Works Departments
during final engineering plan review as required to reflect changes in road
and utility designs, if any. The remaining clearing necessary for lot
development will be done at the time of house construction on the lots.
RECOMMENDA nON:
It is hereby recommended to the Federal Way City Council that the request for
preliminary plat approval of Silverwood be approved subject to the conditions
contained in the conclusions above.
DATED THIS C¡~AY OF October, 2000.
sJl~ç;t/
Hearing Examiner
15
TRANSMITTED THIS ~ DAY OF October, 2000, to the following:
APPLICANT:
ENGINEER:
OWNER:
B.J. Mottershead
Charles Connon
Michael D. Rutter
Linda Lorentzen
David J. Moore
Carol Stiles
Terry Brink
Larry Karpack
Leonard Hills
H. David Kaplan
James Geluso
Ron Lilley
Skip Holman
Kevin 1.. Jones
Novastar Development, Inc.
G. Wayne Potter
182157200 Avenue South
Kent, WA 98032
Barghausen Consulting Engineers, Inc.
Robert J. Armstrong, PE
182157200 Avenue South
Kent,.WA 98032
Delores Ross
36107 6th Ave. SW
Federal Way, WA 98023
708 SW 357th St. Federal Way, WA 98023
355306'" Ave. SW Federal Way, WA 98023
36619 6th Ave. SW Federal Way, WA 98023
36607 9'" Ave. SW Federal Way, WA 98023
35817 10th Ave. SW Federal Way, WA 98023
3581610th Ave. SW Federal Way, WA 98023
P.O. Box 1157 Tacoma, WA 98401
16300 Christensen Rd. #350 Tukwila, WA 98188
36404 6th Ave. SW Federal Way, WA 98023
30240 27th Ave. S. Federal Way, WA 98023
32015 1st Ave. S. Federal Way, WA 98003
356156'" Ave. SW Federal Way, WA 98023
P.O. Box 130 Bellevue, WA 98009
11730 118th Ave. NE #600 Kirkland, WA 98034
City of Federal Way
clo Chris Green
33530 1 st Way S.
Federal Way, WA 98003
16
(253) 661-4000
FEDERAL WAy' WA 98003-6210
TO:
CLARIFICATION OF DECISION
FROM:
DATE:
RE:
CLARIFICATION OF DECISION REGARDING PRELIMINARY
PLAT OF SILVERWOOD, FWHE#00-I2; SUB 98-0006
= -
On October 9, 2000, the Examiner issued a decision recommending approval of the
preliminary plat ofSilverwood. Condition l-D requires the off site Bellacarino Tract A
or other over-excavation to accommodate the additional runoff fÌ'om the "Rosewood"
development However, Condition I-D was intended to address the additional runoff
volume fÌ'om the "Silverwood" development; and, therefore the word "Silverwood" is
substituted for the word "Rosewood". The decision recommending approval of the
preliminary plat of Rosewood Lane includes a condition requiring that the Bellacarino
Tract A or other over-excavation accommodate the additional runoff volume fÌ'om the
"Rosewood" development.
The staff report for Silverwood recOmmended imposition of a Condition "7" which, was
not included within the recOmmended conditions of approval in the Decision
recOmmending approval of the preliminary plat ofSilverwood. This condition was not
discussed by any witnesses at the public hearing and was not an issue. Therefore,
Condition "7" in the staff report is hereby added to the conditions of approval to the
Silverwood preliminary plat as follows:
7.
Lot 54 shall be reconfigured on the Final Plat map to attach the long
narrow strip of land presently identified as part of lot 54 to the adjacent
Tract D.
SKC/jc
cc: All Parties of record
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