Res 93-138
RESOLUTION NO.
93-138
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE PRELIMINARY PLAT OF LORRAINE
LANE, FEDERAL WAY FILE NO SUB-92-0003.
WHEREAS, the applicant, Lee E. sims, applied to the city
of Federal Way for preliminary plat approval to subdivide certain
real property consisting of 1.34 acres into five (5) single family
residential
lots
on
the
south
side
of
S.w.
344th
street,
approximately 115 feet to the south of the intersection of 344th
street S.W. and 35th Avenue s.W.; and
WHEREAS, the Federal Way Land Use Hearing Examiner held
a public hearing on March 23,1993, concerning the preliminary plat
of Lorraine Lane; and
WHEREAS, at the conclusion of said hearing the Federal
Way Land Use Hearing Examiner issued its Recommendation on April 5,
1993 containing findings, conditions and conclusions; and
WHEREAS, the city council of the city of Federal Way is
the governmental body now having jurisdiction and authority to pass
upon the approval, denial or modification of the application and
the conditions of said preliminary plat pursuant to section 22-490
of the Federal Way city Code; and
WHEREAS, the city council having considered the written record
and 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,
c
py
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
section
1.
FindindS
of
Facts.
Conditions
and
Conclusions.
The Recommendation of the Federal Way Land Use
Hearing Examiner issued on April 5, 1993, containing the Hearing
Examiner's findings, conditions and conclusions, following a public
hearing on March 23,
1993,
to approve the preliminary plat of
Lorraine Lane subject to certain conditions, is hereby adopted as
the findings, conclusions and conditions of the City Council.
section
2.
ApDlication ADDroval.
Based
upon
the
Recommendation of the Federal Way Land Use Hearing Examiner and the
findings, conditions and conclusions contained therein, as adopted
by reference by the city council set forth above, the preliminary
plat of Lorraine Lane, Federal Way File No. SUB-92-0003, is hereby
approved subject to the conditions contained in the Recommendation
of the Federal Way Land Use Hearing Examiner dated April 5, 1993,
attached hereto as Exhibit A and incorporated by this reference.
section
3.
Conditions
of
ADDroval
Inteqral.
The
conditions of approval of the preliminary plat are all integral to
each other with respect to the City Council finding that 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
2
Resolution No. 93-138
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.
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 ~ DAY OF
MaY
, 1993
CITY OF FEDERAL WAY
MA~Js~
ANEY, CMC
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 93-138
April 28,1993
May 4, 1993
Kathleen \"so \Lorraine. In
3
EXHIBIT A
BEFORE THE HEARING EXAMINER OF THE CITY OF FEDERAL WAY
IN THE MA TIER OF THE
APPLICATION OF:
FILE #SUB 92-0003
FWHE #93-2
RECOMMENDATION
LEE E. SIMS FOR PROPOSED PLAT
OF WRRAINE LANE
For Process ill Approval of
Preliminary Plat
From Chapter 20 (Subdivisions) of the
Federal Way Zoning Code
I. SUMMARY OF APPLICATION
The applicant in this matter requested approval of a five (5) lot single family residential
subdivision as provided for under Federal Way City Code (FWCC) Chapter 20 Subdivisions,
with Process ill approval
TI. PROCEDURAL INFORMATION
At the hearing the following presented testimony and evidence:
1.
2.
3.
Lori Schill, Associate Planner, City of Federal Way
33530-1st Way South, Federal Way, WA 98003
Lee Sims
9244-132nd Avenue NE, Redmond, WA 98052
Ron Garrow, Senior Development Engineer, City of Federal Way
33530-1st Way South, Federal Way, WA 98003
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
EXHI81T .iL
1.
Staff Report with Exhibits
a. Preliminary Plat Map
b. Vicinity Map
c. Legal Description
d. Zoning Map
e. Mitigated Determination of Non-Significance
f. Storm Drainage Analysis
g. King County Certificate of Water Availability
LORRAINE LANE PRELIMINARY PLAT
FILE #SUB 92-0003; FWHE #93-2
PAGE 2
1.
2.
h.
i.
King County Certificate of Sewer Availability
Tacoma Public Utilities Letter to Pacific Engineering Design, Inc. dated
September 10, 1992, with Respect to Water Availability
2.
Lee E. Sims, Jr. Letter to Stephen Causseaux dated March 23, 1993
3.
City Department of Community Development Amendment Request under
Condition #2 of Staff Recommendations
ID. FINDINGS
The applicant has a possessory ownership interest in a 1.34 acre parcel of property
bordering the south side of SW 344th Street approximately 115 feet to the south of the
intersection of 344th Street SW and 35th Avenue SW. The site borders Pierce County
on the south.
The applicant is proposing to develop the site into a five (5) lot single family residential
subdivision with lot sizes varying between 7,205 square feet and 8,798 square feet. A
separate tract of 8,681 square feet is reserved for a storm drainage detention pond and
biof1ltration swale.
3.
The site is within the Suburban Residential category of the City of Federal Way
Comprehensive Plan map and is zoned RS 7200, which requires a minimum lot size of
7,200 square feet for a single family residential dwelling. This site is consistent with the
Comprehensive Plan designation and the lot size requirement of the zoning code.
4.
The applicant commissioned a level1 downstream analysis by Stepan & Associates, Inc.,
which addressed the core and special requirements of the King County Surface Water
Design Manual. A report was submitted on March l5, 1993, to the Department of
Community Development, which found the report satisfactory. The report identified
deficiencies downstream from the site in the form of crushed culverts and debris laden
pipes. At the hearing the applicant and the Public Works Department agreed that prior
to final plat approval the applicant will replace one corrugated pipe and clean and blade
a portion of the downstream drainage ditch. Conditions of approval require the applicant
to provide storm drainage improvements, which will meet the requirements of the 1990
King County Surface Water Design Manual, including surface water detention,
biof11tration and oil/water separation. A conceptual storm water plan reveals that storm
water runoff from the development will be conveyed to a biofiltration swale and on site
detention pond and then released from said pond north to an existing open ditch along
the south shoulder of SW 344th Street. This preliminary plat makes adequate provision
for storm drainage and mitigates the impacts of the development on water quality,
flooding and downstream erosion.
LORRAINE LANE PRELIMINARY PLAT
FILE #SUB 92-0003; FWHE #93-2
PAGE 3
5.'
6.
7.
Soils on the site are classified as Alderwood Gravelly Sandy Loam by the 1973 USDA
Soil Conservation Service Soil Survey for the King County area. Slopes vary between
0% and 6%. The Alderwood soils are capable of supporting a single family residential
structure.
On site vegetation consists primarily of shrubs, grasses, alder, blackberry and other
native northwest species. No vegetation or trees meet the Federal Way Code defmition
of "significant". There are no threatened or endangered species, either plants or animals,
on the site. Neither the King County nor City of Federal Way sensitive areas maps show
the site as located in an area impacted by landslides, seismic hazards, erosions, wetlands
or one hundred year flood plains.
The site is currently vacant and is surrounded in Federal Way by the RS 7.2 zone and
a predominately single family suburban residential area. The property to the south in
Pierce County is zoned R2 and is also improved with single family residential dwellings
on similar sized lots.
8.
Access to the site will be provided via SW 344th Street and SW 35th Place. The actual
lot access will be onto a cul-de-sac extension of SW 35th Place. The extension of SW
35th Place will be dedicated by the applicant to the City as right of way, and will be
improved to full width, including eight (8) feet of pavement, vertical curbs and gutters.
Sidewalks and landscaped strips will be installed on the developed site only and said
improvements will start at SW 344th Street and continue to the cul-de-sac. No landscape
buffers are required since abutting property is either zoned or improved with consistent
uses. The roads, pedestrian walkways and buffering are adequate to serve the proposed
plat.
9.
Three school age children are anticipated to reside in the plat. They will be served by
Green Gables Elementary School (opening in the fall of 1993), lllahee Junior High
School and Decatur Senior High School. In the fall of 1994, a new junior high will be
opened and will serve the site at that time. Even though the scnool district has adopted
a Capital Facilities Plan in accordance with the Growth Management Act, the City of
Federal Way has not as yet adopted a School Impact Mitigation Plan. Therefore, no
school impact fees to finance impacts on the overall school district may be assessed for
this project.
10.
Chapter 20 of the Federal Way City Code requires the applicant to dedicate open space
or, in the alternative, to provide for mitigation. The applicant has agreed to pay a fee
in lieu of providing on site open space (Exhibit 2). The Federal Way Parks Department
has agreed to a.ecept said payment. Therefore, adequate provision is made for open
space, parks and recreation.
LORRAINE LANE PRELIMINARY PLAT
FILE #SUB 92-0003; FWHE #93-2
PAGE 4
11.
12.
Sanitary sewers will be provided to the site by the Federal Way Water and Sewer
District, which has the capacity to serve the proposed plat, subject to the applicant
entering into a developer extension agreement with the district. Adequate provision is
made for the disposal of sanitary waste. The City of Tacoma Public Utilities Water
Division has provided a Certificate of Water Availability and stated that this plat is
within their service area. The City of Tacoma is able to provide both potable water and
fIre flow in accordance with city standards. Adequate provision is, therefore, made for
the provision of public water to the site.
Preliminary plats are reviewed under Process III Analysis. Under this process, the
Hearing Examiner is required to make a recommendation as to approval or disapproval
to the City Council which will then make a final decision upon the application. Pursuant
to Section 22-490 of the Federal Way City Code, the Hearing Examiner may recommend
approval of a proposed preliminary plat only if the applicant satisfies certain decisional
criteria. Findings required by Section 22-490 are hereby made as follows:
a.
b.
This proposed preliminary plat is consistent with the Suburban Residential
category of the City of Federal Way Comprehensive Plan. The proposed land use
of single family residential in accordance with the RS 7.2 zone is consistent with
the Comprehensive Plan map designation.
The proposed preliminary plat meets all of the applicable provisions of the RS 7.2
zone of the Federal Way Zoning Code. This proposed preliminary plat also
meets the requirements of Chapter 18 (Environmental Policy), Chapter 20
(Subdivisions), Section 19-46 (Methods of Mitigation) and all other applicable
development codes and regulations set forth in the Federal Way City Code.
Conditions of approval will ensure that the plat complies with all applicable codes
and regulations.
e.
The project is consistent with and will further the public health, safety and
welfare. Compliance with conditions of approval in codes and regulations will
ensure that this preliminary plat makes appropriate provision for the public health,
safety and general welfare for open spaces, drainage ways, streets, alleys, other
public ways, water supply, sanitary waste, parks, playgrounds, sites for schools
and school grounds, and planning features that assure safe walking conditions for
students who walk to and from schools.
d.
This proposed preliminary plat will serve the public use and interest by providing
an attractive location for single family residential dwellings in a suburban area of
the City of Federal Way.
LORRAINE LANE PRELIMINARY PLAT
FILE #SUB 92-0003; FWHE #93-2
PAGE 5
IV. CONCLUSIONS
The proposed preliminary plat of Lorraine Lane meets the criteria set forth in Section 22-490
of the Federal Way City Code, Chapter 20 of the Federal Way City Code, and RCW 58.17.110.
The proposed preliminary plat is also consistent with the Suburban Residential category of the
Federal Way Comprehensive Plan and should be approved by the Federal Way City Council,
subject to the following conditions:
1.
2.
Surface water detention facilities on site shall be designed per the 1990 King County
Surface Water Design Manual (KCSWDM) , except that a 7-day storm event shall be used
for analysis instead of the 24-hour storm event specified in the KCSWDM, in accordance
with Recommendation BW-2 of the Hylebos Creek and Lower Puget Sound Basin Plan.
The applicant shall replace one down stream culvert consisting of a corrugated-
pipe and will clean and blade a portion of the drainage ditch as designated by the Public
Works Department.
3.
A sufficient amount of property from the parcel to the north of the plat site must be
dedicated to the City of Federal Way to permit installation of the required roadway and
utilities improvements.
4.
The applicant will be required to submit a current appraisal of similarly situated property
in order that the City may determine the exact "fee in lieu of' to meet the open space
requirement. Payment of this fee shall be required prior to final plat approval.
5.
The storm drainage detention and biofiltration facilities to be designed in accordance with
the 1990 King County Surface Water Design Manual (KCSWDM) must be located in a
separate tract and dedicated to the City of Federal Way for ownership and maintenance.
V. RECOMMENDATION
It is hereby recommended to the City Council of the City of Federal Way that the proposed
preliminary plat of Lorraine Lane be approved, subject to the conditions contained in the
conclusions above.
VI. RIGHTS TO RECONSIDERATION AND CHALLENGE
Any person who has a right to challenge a recommendation under the Federal Way Zoning Code
may request the Hearing Examiner to reconsider any aspect of his or her recommendation by
delivering a written request for reconsideration to the Planning Department within seven (7)
calendar days after the date of issuance of the Hearing Examiner's recommendation. The person
LORRAINE LANE PRELIMINARY PLAT
FILE #SUB 92-0003; FWHE #93-2
PAGE 6
requesting the reconsideration shall specify in the request what aspect of the recommendation
he or she wishes to have reconsidered and the reason for the request. The distribution of the
request and the response to the request shall be governed pursuant to the provisions of the
Federal Way Zoning Code. Within ten (10) working days after receiving a request for
reconsideration, the Hearing Examiner shall notify the persons who have a right to appeal under
the Federal Way Zoning Code, whether or not the recommendation will be reconsidered. The
Hearing Examiner may reconsider the recommendation only if he or she concludes that there is
substantial merit in the request. The process of the reconsideration will be followed in
accordance with the Federal Way Zoning Code. The recommendation of the Hearing Examiner
may be challenged by any person who is to receive a copy of that recommendation pursuant to
FWZC 155.60.6. That challenge, in the form of a letter of challenge, must be delivered to the
Planning Department within fourteen (14) calendar days after the issuance of the Hearing
Examiner's recommendation or, if a request for reconsideration is filed, then within fourteen
(14) calendar days of either the decision of the Hearing Examiner deñying the request for
reconsideration or the reconsidered recommendation. The letter of challenge must contain a
clear reference to the matter being challenged and a statement of the specific factual findings and
conclusions of the Hearing Examiner disputed by the person filing the challenge. The person
filing the challenge shall include, with the letter of appeal, the fee established by the City. The
challenge will not be accepted unless it is accompanied by the required fee. The
recommendation of the Hearing Examiner may be challenged whether or not there was a request
to reconsider the Hearing Examiner's recommendation.
DATED this 5th day of April, 1993.
n Examiner
I:IF1\CHRISG\HEXU-"NE