Res 93-149
RESOLUTION NO.
93-149
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE PRELIMINARY PLAT OF CAMPUS
GLEN, KING COUNTY BUILDING AND LAND
DEVELOPMENT FILE NO. S89POl14 AND FEDERAL WAY
FILE NO ILA-90-0008-SUB.
WHEREAS, For You Management & Development Corporation,
Inc.
("Applicant")
applied to King County Building and Land
Development for preliminary plat approval to subdivide certain real
property consisting of 30.1 acres into ninety-nine (99)
single
family residential lots located north of the Bonneville Power right
of way, East of 5th Avenue South (if extended) and West of 7th
Place South (if extended); and
WHEREAS, subsequent to the application, but prior to the
public hearing on the preliminary plat, the City of Federal Way
incorporated; and
WHEREAS, an interlocal agreement between the City of
Federal Way and King County requires that the city make decisions
on the preliminary plat application using Federal Way procedures
and King County substantive criteria; and
WHEREAS, the Federal Way Land Use Hearing Examiner held
a public hearing on June 22, 1993, concerning the preliminary plat
of Campus Glen; and
WHEREAS, at the conclusion of said hearing, the Federal
Way Land Use Hearing Examiner issued its Recommendation on July 7,
1993 containing findings, conditions and conclusions; and
RESOLUTION NO.
Page 1
93-149
COpy
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 the substantive
criteria of the King County codes; 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,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
section
1.
Findinas
of
Facts.
Conditions
and
Conclusions.
The Recommendation of the Federal Way Land Use
Hearing Examiner issued on July 7,
1993 is attached hereto as
Exhibit A and incorporated by this reference ("Recommendation").
The
Recommendation
contains
the
Hearing
Examiner's
findings,
conditions and conclusions, following a public hearing on June 22,
1993, to approve the preliminary plat of Campus Glen, subject to
certain
conditions,
and
is
hereby
adopted
as
the
findings,
conclusions and conditions of the City Council.
section
2.
Application Approval.
Based
upon
the
Recommendation
and
the
findings,
conditions
and
conclusions
contained therein, as adopted by reference by the city Council set
forth above, the preliminary plat of Campus Glen, King County File
No. S89POl14 and Federal Way File No. LA-90-008-SUB,
is hereby
approved subject to the conditions contained in the Recommendation.
RESOLUTION NO.
Page 2
93-149
section
3.
Conditions
of
Approval
Intearal.
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
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 17th DAY OF
AU2ust
, 1993
C~2~
MAYOR, ROBERT STEAD
RESOLUTION NO.
Page 3
93-149
'';]is TO F~~' ,
CITY A TORNEY, CAROLYN A.
LAKE
FILED WITH THE CITY CLERK: August 17. 1993
PASSED BY THE CITY COUNCIL: August 17, 1993
RESOLUTION NO. 93-149
I; \U IEIIEENR lCAM PKESO
RESOLUTION NO.
Page 4
93-149
EXHIBIT A
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAKINER
IN THE MATTER OF:
PRELIMINARY ?LAT OF CAMPUS
GLEN/PROCESS IiI
APPLICATION.
FWHEj¡: 93-6
FILE if: lLA-90-0008-SUB
KING COUNTY FILE: S89POIL4
I.
SUMMARY OF APPLICATION
The proposal is to subdivide 30.l acres into 99 single family
lots (Exhibit A). The zoning for subject site at the time of
application to King County (11/13/1989) was S-R, Suburban
Residential Single Family. Primary access is proposed from the west
(S. 328th Place), north (7th Place S.), and east (S. 327th Street).
All interior roads are proposed to be constructed to King County
full street improvements (no half-streets). Lot sizes range from
5,94l square.feet to 18,135 square feet, with an average lot size
of 7,643 square feet. The applicant proposes to serve the subject
subdivision by means of a public sewer and public water system.
Public water and sewer are available to serve the site.
II.
PROCEDURAL INFORMATION
Hearing Date: June 22,1993
Decision Date: July 7, 1993
At the hearing the following presented testimony and evidence:
1.
Stephen Clifton,Senior Planner, City of Federal Way
33530 - 1st Way South, Federal Way, WA 98003
2.
David Halinen 800 Bellevue Way N.E.,
Be11evue, WA 98004
suite
376,
3.
Engineer -Jeff Potter, Barghausen Engineering - 18215
72nd Avenue South, Kent, WA 98032
4.
Geri Reinart - 1319 Dexter Avenue North,
Seattle, Washington 98109
Suite 270,
EXHIBIT A
COpy
CAMPUS GLEN
FWHE #93-6
Page - 2
5.
6.
7.
8.
9.
lO.
11.
l2.
Ray Sherman 32612
Washington 98003
Sarah Albers -
98003
7th
Place
South,
Federal
Way,
32202 8th Street South, Federal Way, WA
Nancy Rehberg - 32912 4th Lane South, Federal Way, WA
98003
1.
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
Stephen Wilhelme -
Washington 98003
32529 7th Place South, Federal Way,
Linda Sherman -
Washington 98003
32612 7th Place South, Federal Way,
Ron Garrow City of Federal Way, Public
Department, 33530 1st Way South, Federal Way, WA
Works
98003
Bann Lee - City of Federal Way, Traffic analyst, 33530
lst Way South, Federal Way, WA 98003
Londi Lindell - City of Federal Way, attorney at law,
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:
Staff Report
Exhibit A Preliminary Plat (Reduced). Full size copies
have been provided to the Federal Way Bearing
Examiner.
Vicinity Map.
Application for preliminary plat approval
of Campus Glen filed with King County on
November 13, 1989 for 125 lots.
Preliminary plat for 125 lots filed with
King County in 1989.
Comments from the Washington State
Department of Transportation.
Comments from Tacoma Public utilities.
Comments from the City of Milton Public
Works.
Comments from the Washington State
Department of Ecology.
Comments from the Federal Way School
District.
Comments from the Federal Way School
District.
Federal
Way
Development
Review
CAMPUS GLEN
FWHE *93-6
Page - 3
Exhibit L
Exhibit M
Exhibit N
Exhibit 0
Exhibit P
Exhibit Q
Exhibit R
Exhibit S
Exhibit T
Exhibit U
Exhibit V
Exhibit W
Exhibit X
Exhibit Y
Exhibit Z
Exhibit AA
Exhibit AB
Exhibit AC
Correspondence from King County Fire
District *39,
Federal Way Development Review
Correspondence from ,Federal Way Water and
Sewer. .
Federal Way Development Review
Correspondence from Federal Way Building
Division.
Federal Way Development Review
Correspondence from Federal Way Building
Division.
Federal Way Development Review
Correspondence from the Federal Way
Building Division.
Federal Way Development
Correspondence from Federal
Department of Public Works.
Correspondence from the City of Federal
Way Wetlands Contractor.
Correspondence from the City of Federal
Way Wetlands Contractor.
Federal Way Development Review
Correspondence from Federal Way Parks
Department.
Federal Way Development Review
Correspondence from Federal Way/King
County Police.
Soil Classifications and Approximate
Boundaries.
Wildlife Habitat Evaluation Report,
Prepared by Tacoma Environmental Sciences
Inc. (TESI), Dated February, 1992.
Addendum to the TESI wildlife Study,
prepared by TESI, Dated March 13, 1993.
Wetland Report, Prepared by parametrix,
Inc., Dated April, 1992.
King County Slope-Density-Ratio
Residential Guidelines for Sloping
Ground.
Proposed Lot Sizes.
Traffic Impact Analysis, Prepared by
David Hamlin and Associates, Dated
December 1989.
Addendum to Traffic Impact Analysis,
Prepared by David Hamlin and Associates,
Dated January 1990.
Traffic Impact Analysis Comments,
Prepared by Hann Lee, Federal Way Traffic
Analyst, Dated July 27, 1992.
Review
Way
CAMPUS GLEN
FWHE #93-6
Page - 4
2.
4.
2.
3.
4.
5.
6.
7.
8.
1.
Exhibit AD
Exhibit AE
King County Chapter 21. 49
Adequacy Standards.
King County Motion 5952.A.
Road
Letter to Mr. J. Jeffrey Potter and Mr. Steven D. High
from Steve High, Senior Ecologist from Tacoma
Environmental Sciences, Inc., dated June 15, 1993
Plat map
Letter to Mr. Stephen Clifton from Barbara Erickson,
President, Heritage Court Homeowners Association dated
May 28, 1993
Background of Geralyn Reinart,
David I. Hamlin and Associates
P.D,
Senior Engineer,
Letter with attached supplement to traffic reports dated
June 15, 1993
Drainage analysis
Letter to Hearing Examiner dated April 7,
Residents/Property owners of Heritage West
1993,
from
9.
Map of general area
III.
FINDINGS
The Hearing Examiner has heard testimony, viewed the site and
taken this matter un~er advisement.
The Community Development Department staff report sets forth
general findings, applicable policies and pròvisions in this
matter, and is hereby marked as Exhibit 1 and incorporated in
this report by reference as though set forth in.!ull herein.
3.
All appropriate notices were delivered in accordance with the
requirements of the Federal Way Zoning Code.
The applicant has a possessory ownership interest in a 30.1
acre parcel of property located northwest of the Bonneville
Power Administration transmission lines between 11th Place
South and 1st Way South and between the terminace of 328th
Place and the terminace of South 327th Street. The site is
generally south of 32Oth Street and east of 1st Avenue South.
The applicant is requesting preliminary plat approval to
divide the site into 99 single family residential lots. Lot
sizes vary between 5,941 square feet and 18,l35 square feet
CAMPUS GLEN
FWHE 4193-6
Page - 5
5.
6.
with an average lot size of 7,643 square feet.
A completed application for preliminary plat approval was
filed with King County on November 13, 19B9, prior to
incorporation of the City of Federal Way. Therefore, review
of this preliminary plat is in accordance with King County
land use regulations in effect as of the date of preliminary
plat application. The site was zoned SR (Suburban Residential
Single Family) by King County as of the effective date of
preliminary plat application. The proposed prel~nary plat
is consistent with the zoning classification.
On March 12, 1993, the Federal Way Department of Community
Development, serving as the environmental official, issued a
mitigated determination of nonsignificance (MDNS) for the
proposed development on March l2, 1993. On April 12, 1993, an
appeal of the MDNS was timely filed by the Heritage Court
Homeowners Association. Following negotiations, an agreement
was reached between the applicant and the Heritage Court
Homeowners Association which resulted in the withdrawal of the
appeal of the MDNS effective June l, 1993. The agreement
includes the establishment of a 15 foot wide buffer area along
the property line with Heritage Court (also known as West
Highlands Division I). Such buffer will result in the loss of
one lot as shown on Exhibit" 3" . The applicant is requesting
approval for 99 lots, but will construct the plat in
accordance with Exhibit "3" (98 lots) assuming that the
Heritage Court Homeowners Association completes the agreement.
The Department of Community Development (environmental
official) has no objection to the agreement.
7.
The site is a generally rectangular shaped parcel with its
length extending from northeast to southwest. It slopes
generally downward from the east and southeast towards the
west and southwest. The topographic difference from the
highest to the lowest point is approximately 90 feet with
slopes ranging from 1% to over 40%. Alderwood gravelly sandy
loam and Everett-Alderwood gravelly sandy loam soil types are
found on the site. The Alderwood soil has a slight to
moderate erosion hazard but the Everett-Alderwood soil has
severe erosion potential and moderate slippage potential. To
address concerns regarding erosion and building foundation
limitation, a geotechnical report must be submitted along with
building permit applications for any lots containing slopes in
excess of 20%.
8.
The site is moderately to heavily wooded with both coniferous
and broad leaf trees with the Douglas fir being dominant.
Wetland vegetation also exists on the site and will be
CAMPUS GLEN
FWHE #93-6
Page - 6
9.
lO.
11.
12.
preserved with native growth protection easements (NGPE) in
the northeast corner, the center, and the south portions of
the site. In addition, a minimum l5 foot wide buffer abuts
the plat perimeter. On the date this plat was submitted, King
County had neither a significant tree preservation ordinance,
nor a comprehensive plan policy related to tree preservation.
However, the NGPE areas will preserve l.63 acres of existing
vegetation not counting the perimeter buffer.
A wildlife habitat evaluation report was prepared by Tacoma
Environmental Sciences, Inc., dated February, 1992. An
addendum to the study was submitted March l3, 1993, and a
clarification dated June 15, 1993 (Exhibit" 2"). This report
as clarified establishes that there are no species listed as
endangered, threatened, or sensitive. The wildlife study did
discuss the pileatedwoodpecker which is listed as a sensitive
species. This plat does not provide suitable nesting sites
for the pileated woodpecker. Larger, more mature stands of
trees are required for nesting than are present on site.
However, the wetland areas to be preserved would likely be the
area that the pileated woodpecker would use for foraging.
A wetland delineation and mitigation report was prepared by
parametrix, Inc., which establishes that there are 1.2 acres
of wetland on site in four separate areas. All wetlands are
depicted within native growth protection easements and are
protected with 25 and 50 foot buffers. The wetland in the
center of the site, depicted as Tract "C", is a Class II
Wetland and protected with a 50 foot buffer while the balance
of the wetlands are Class III wetlands and protected with 25
foot buffers. These buffers are in accordance with the King
County Sensitive Areas policies in effect on November l3,
1989.
An internal plat road, Road "C", will cross a stream and
wetland to access lots in the southwest corner of the plat.
The proposed street crossing is in the most reasonable
physical location to minimize associated impacts.
Approximately 4,000 square feet and the main stream corridor
will be impacted or displaced.
The site is in an urbanized neighborhood and is completely
surrounded by developed property. To the north are
condominiums and townhomes while to the south is the BPA
transmission line with the West Campus Office Park south of
the BPA easement. On the northeast are single family
subdivisions while on the west are apartments, condominiums,
and townhomes. An 83 acre park is proposed east of the site
across the BPA easement. The applicant's project is the
CAMPUS GLEN
FWHE #93-6
Page - 7
13.
l4.
lS.
17.
lowest density of all residential projects in the area, and
is the only development providing a perimeter buffer and
wetland protection. Other sites were developed prior to the
implementation of wetland policies and ordinances.
All plat roads will be public and constructed to urban
standard with vertical curbs, gutters, and sidewalks on both
sides of the street. The applicant will also provide a public
pedestrian easement to the future BPA trail and public park.
A streetlighting system will also be provided in coordination
with puget Power.
Access to the plat is provided by South 328th Place and South
327th Street. These roads presently dead end at the property
boundary and will be extended across the plat to connect with
each other. Such connection will be beneficial to surrounding
development as it will provide better emergency vehicle access
and better traffic circulation. A looped road system with
four cul-de-sacs will provide internal access for all lots.
Traffic generated by the plat may either exit the plat to the
west via South 328th place and then north on 5th Avenue South
to 320th Street or west on South 328th Street to lst Avenue
South. Plat residents may also exit the plat to the east via
South 327th Street and then north on 7th Place South to 8th
Avenue South or 9th Avenue South, both of which provide access
to 320th Street. Plat residents will have three possible
accesses to 320th Street and one access to 1st Avenue South.
While it is true that some existing residential streets in the
area are narrower than others, they were built to King County
standards in effect at the time of construction. It is also
true that on street parking on both sides of certain streets
creates inconveniences for motorists. However, South 327th
Street and South 328th Place were both intended to serve as
access for this proposed parcel. with a few exceptions,
streets within the neighborhoods to the east and west are 36
foot wide neighborhood collectors which can safely accommodate
the additional traffic.
16.
Traffic analyses for the proposal we¡=e prepared by David
Hamlin and Associates, a transportation planning engineering
firm, in December, 19B9, and January, 1990. The traffic
studies were updated in June, 1993, to reflect the reduction
in lots. The plat is anticipated to generate l,013 vehicle
trips per day with 106 trips occurring during the evening peak
hour and 79 trips during the morning peak hour.
All residential streets
satisfactory levels of
and intersections operate at
service. The traffic study
CAMPUS GLEN
FWHE #93-6
Page - 8
18.
19.
20.
21.
22.
establishes, however, that unsatisfactory levels of service
exist at the intersection of 320th Street and 1st Avenue
South, and the applicant is required to contribute its pro
rata share of proposed intersection improvements based upon
the King County regulations. The applicant's pro rata share
for improvements to said intersection is $4,800.00.
with the proposed mitigation and road construction
requirements, this proposed plat will make adequate provision
for roads and pedestrian safety.
Schools serving children residing in the subdivision include
Mirror Lake Elementary, Sacajawea Junior High, and Federal Way
Senior High schools. The proposed development will generate
approximately 66 students, and the school district has stated
that the impacts of these students will be mitigated through
the use of construction bonds, impact fees, and state matching
funds. All students from this subdivision will be bused to
school, and off site sidewalks are not necessary since
students are not required to leave the development to catch a
bus to school. The Federal Way School District has indicated
that a single school bus stop on proposed Road "A" will serve
the plat. By condition of approval the Examiner has requested
that the school district consider whether one school bus stop
is sufficient to serve this plat based upon the number of
students who will congregate at the one stop.
Pursuant to King County Code Section 19.38.060 a subdivision
of more than 10 acres is required to pay a fee in lieu of open
space or retain 5.25% of the plat (1.58 acres) of open space.
The applicant is providing an access to the proposed BPA trail
which would also provide a more convenient access to the
future park. Condition 17 of the MDNS requires the applicant
to provide for .79 acres of on site recreation open space or
pay a fee in lieu of reservation to the City of Federal Way
Parks Department per Section 19.38.080 King County Code. The
provision of said active recreation open space or the payment
of a fee in lieu of reservation ensures that this plat makes
adequate provision for parks and re~reation.
The Federal Way' Water and Sewer District will provide both
sanitary sewer service and public water to the site. the
public water provision will include both potable water and
fire flow. Therefore, adequate provision is made for sanitary
wastes, water supply, and fire prevention.
The applicant commissioned a Level I drainage analysis and on
site floodplain study by Hal P. Grubb, Professional Engineer.
This analysis was submitted to the City on August 31, 1992.
[See Corrected Finding No. 22, dated 7/22/93]
CAMPUS GLEN
FWHE #93-6
Page - 9
23.
24.
25.
The study establishes that drainage from BO acres upstream
discharges onto the site through a 54 inch corrugated metal
pipe. Development of this site will generate additional
runoff from impervious surfaces and the applicant's storm
system will include on site detention facilities, oil water
separators, and a biofiltration swale. The applicant will
design the detention facilities to accommodate a 10 year, 24
hour storm event, with a 30% factor for safety. The
applicant's drainage analysis and drainage facilities ensure
that appropriate provision is made for storm water generated
by the site. Drainage from the site wille adversely affect
downstream properties. ~
The 1985 King County Comprehensive Plan designates the site as
Urban. The Urban designation encourages residential and
employment growth in a manner which protects environmental
quality and aesthetic features. The plan encourages multi-
family and higher density single family development on dry
buildable land where required facilities and services can be
efficiently provided. Lower density housing is encouraged on
topographically constrained land and in areas already
developed at low density. As previously stated, this plat is
proposed as the lowest density development in the area, and is
exclusively single family residential. Therefore, the proposed
subdivision is in conformance with the Urban designation of
the King County Comprehensive Plan.
Substantial concerns were raised by residents of the area and
especially those residing in the Heritage West subdivision.
A letter signed by l72 individuals was presented by Ray
Sherman expressing concerns regarding traffic, pollution,
schools, adverse impact on property values, and hidden costs
imposed on surrounding homeowners. The applicant has
addressed many of the concerns raised in the letter (Exhibit
"8"). The original. request was for a density of l25 lots
which has now been reduced to either 99 or 98 lots. The
applicant is providing a minimum 15 foot wide screening buffer
around the perimeter of the site even though this plat is of
lower density than abutting residential development. No
buffers or greenbelts were provided in surrounding
subdivisions nor were wetlands and their buffers protected.
In addition to the objections to the plat, the letter (Exhibit
"8") also provided a number of suggestions for mitigation.
These suggestions are identified and findings made on each as
follows:
A.
Provide exclusive access to the plat via the extension of
South 324th Street between 1st Avenue South and llth
CAMPUS GLEN
FWHE #93-6
Page - 10
B.
c.
D.
E.
Place South along the BPA power lines. Such would allow
plat traffic direct access onto 1st Avenue South and to
South 320th Street via 11th Place South which would mean
no additional traffic through the existing residential
subdivisions. Construction of the proposed road would be
a multi-million dollar project, far beyond the scope of
this subdivision. Furthermore, BPA will not grant an
easement under its right of way for a road, and has
strictly limited the use of its right of way to trails or
bike paths. The City does not have the right to a full
right of way use within the easement.
Require the installation of left turn signals at the
intersection of South 320th Street and 8th Avenue South.
A level of service analysis was performed by David I.
Hamlin and Associates, the traffic engineers, on said
intersection. The study established that the level of
service in 1995 for said intersection with the project
will be LOS "B" which is an excellent level of service.
This traffic analysis was accepted and verified by the
City Public Works Department which agreed that said
intersection does not warrant a traffic signal.
Furthermore, the accident history on 8th Avenue South
between South 320th and 7th Place South reveals one
accident between 1990 and 1992, a three period.
Furthermore, the City is presently performing a level of
service analysis for 320th for the purpose of evaluating
signalization and the timing of the traffic signals.
Said study could result in improved traffic flow through
the intersection.
The posting of "Do Not Block Intersection" signs at the
intersections of 320th Street and lOth Avenue South. The
City traffic engineer approves such signs and places the
signs when warranted. The level of service study may
result in a different cycle for traffic lights which may
relieve congestion at this intersection in the near
future.
Require a generous greenbelt to include large trees
completely around the Campus Glen development. The
applicant's proposal of a minimum 15 foot no cut buffer
area satisfies this suggestion.
The contractor assumes responsibility for the cost of any
needed improvements to surrounding communities affected
by the development. The State Environmental Policy Act,
court cases, state land use laws, and local ordinances
CAMPUS GLEN
FWHE #93-6
Page - 11
26.
From
F.
all require an applicant to mitigate the impacts of his
development. Conditions of approval both in the MDNS and
as required hereinafter require mitigation in accordance
with the law.
Require a traffic signal at South 328th and 1st Place
South and at South 320th Street and 5th Place South.
There are presently traffic signals at the intersections
of 1st and 330th, 600 feet south of the intersection of
328th. There is also a traffic signal at 325th and 1st.
This signal is also approximately 600 feet from 328th. A
signal between these two at 328th would create a
situation where traffic signals are too close together
and would not operate properly. The suggestion of a
traffic signal at South 320th Street and 5th Place South
was considered. However, the intersection does not meet
the series of warrants that are necessary before a signal
is installed. The only warrant that the intersection
presently meets is the PM peak hour warrant, which is the
most minimal warrant. If there are accident problems or
school problems or if there is congestion during more
hours of the day, then a traffic signal would be
warranted. Again, the 320th study may provide relief for
this intersection through the re-timing of signals.
In his concluding remarks Mr. Sherman indicated that 320th and
its major intersections are the nucleus of the traffic
problems. He did not feel that the Examiner was afforded
adequate information to make a reasoned decision on plat
approval as the traffic studies omitted any accident studies
along the 320th corridor. South 320th Street is a regional,
major arterial that provides access for the entire City of
Federal Way to SR-99, Interstate 5, SR-161, SR-l8, and major
shopping areas including the Sea-Tac Mall. A substantial
amount of the traffic on 320th is not local traffic, but is
industrial related, office related, and commercial related and
includes vehicles from allover the puget Sound area.
Requiring this applicant to address the traffic on 320th would
be akin to requiring the applicant to address the traffic
volume on Interstate-5 during the morning and afternoon
commutes to and from Seattle. South 320th Street, like 1-5,
is a regional problem which must be addressed by the City as
opposed to the developer of a plat which will contribute
percentage wise a very small amount of the traffic on said
street.
IV.
CONCLUSIONS
the
foregoing
findings
the
Hearing
Examiner
makes
the
CAMPUS GLEN
FWHE 1193-6
Page - 12
following conclusions:
2.
3.
1.
The Hearing Examiner has jurisdiction to consider and decide
the issues presented by this request.
The proposed preliminary plat of Campus Glen complies with the
goals and objectives of the 1985 King County Comprehensive
Plan as well as the Federal Way Community Plan and meets the
requirements of the SR (Suburban Residential Single Family)
zone. The proposed preliminary plat also meets all
requirements of the King County Subdivision Ordinance.
The proposed preliminary plat makes appropriate provisions for
the public health, safety, and general welfare for open
spaces, drainage ways, streets, alleys " other public ways,
water supplies, sanitary waste, parks, playgrounds, schools,
as well as sidewalks and other planning features that assure
safe walking conditions for students and other plat residents.
This proposed preliminary plat will serve the public use and
interest by providing an attractive location for a relatively
low density, single family residential development which is
surrounded by developed property and which will be
conveniently located to a new community park. Therefore, the
proposed preliminary plat of Campus Glen should be approved
subject to the following conditions:
2.
3.
4.
5.
1.
The plat shall comply with all platting provisions of
Title 19 of the King County Code (King County Subdivision
Ordinance) .
All persons having an ownership interest in the subject
property shall sign on the face of the final plat a
dedication which includes the language set forth in King
County Council Motion No. 5952 (Exhibit AE) except as
modified for the City of Federal Way.
The area and dimensions of all lots shall meet the
minimum requirements of the S-R zone classification.
Compliance with the conditions of preliminary plat
approval may result in reducing the number and/or
location of lots as shown on the preliminary approved
plat.
The applicant must obtain the approval of the City of
Federal Way for the adequacy of the fire hydrant, water
main, and fire flow standards.
A Developer Extension Agreement must be entered into
CAMPUS GLEN
FWHE #93-6
Page - 13
6.
7.
between the applicant and the Federal Way Water and Sewer
District for the water system. As part of the design of
the water system, looping of the new system to existing
mainlines may be required to provide circulation and
maintenance enhancements, and piping shall extend to far
edges of the property in accordance with the requirements
of the Federal Way Water and Sewer District.
A Developer Extension Agreement must be entered into
between the applicant and the Federal Way Water and Sewer
District for the sewer system. As part of the agreement,
the applicant will be required to extend sewer mains to
the far edges of the property where property can be
served, and a developer extension agreement and off-site
easement and construction is also required to construct
off-site utilities and to obtain services.
Final plat approval shall require full compliance with
drainage provisions set forth in King County Code 9.04
and storm drainage requirements and guidelines as
established by King County Surface Water Management in
effect at the time of preliminary plat application.
Compliance may result in reducing the number and/or
location of lots as shown on the preliminary approved
plat. The following conditions represent portions of the
Code and requirements and shall apply to all plats:
a.
Federal Way Public Works Department approval of the
drainage and roadway plans is required prior to any
construction.
b.
A separate Erosion and Sediment Control (ESC) plan
for this project shall be submitted with the
drainage and roadway plans. The plan shall show
the limits of the area to be cleared (limits of
clearing) during construction of roads and the
installation of drainage improvements and
utilities, and provide a schedule of construction
(construction sequence). The plans shall include
provisions for protecting exposed soils from
weathering by wind or rain by covering piles of
soil with tarp.
Due to potential erosion hazard, clearing shall be
limited to those areas required for construction of
roadways and utilities during the months listed
under SEPA condition #4.
Prior
to
clearing
grading,
any
a
boundary
or
CAMPUS GLEN
FWE.E #93-6
Page - l4
c.
d.
e.
delineation acceptable to the City of Federal Way
shall be provided on the site between lots and any
areas designated as a NGPE. Said boundary
delineation shall remain in place until a dwelling
is constructed on the lot or ownership transferred
to the first owner-occupant at which time a five
foot, see-through, fence shall be installed.
Prior to recording of the final plat, those
portions of the retention/detention facilities
necessary to control the flows discharging from the
site shall be constructed and operational.
Oil/water separation facilities shall be provided
at each point of permanent storm drainage release
from the site to prevent contaminants from entering
the natural drainage features, both off-site and in
the close depression area. In addition to
oil/water separators, the applicant is required to
provide biofiltration prior to discharge of
stormwater. Such biofiltration includes 200 feet
of broad, flat-bottom, grass-lined swales or
equivalent, the design of which shall be in
conformance with generally accepted practices. A
l5-foot gravel access shall be provided along the
entire length of each biofiltration swale for
maintenance.
Drainage outlets (stub-outs) shall be provided for
each individual lot, except for those lots approved
for infiltration by the City of Federal Way. Stub-
outs shall be shown on the engineered plans and
shall conform to the following:
1)
Each outlet shall be suitably located at the
lowest elevation on the lot, so as to service
all future roof downspouts and footing drains,
driveways, yard drains, and any other surface
or subsurface drains necessary to render the
lots 'suitable for their intended use. Each
outlet shall have free-flowing, positive
drainage to an approved stormwater conveyance
system or to an approved outfall location.
Outlets on e~ch lot shall be located with a
five-foot-high, 2"x4" stake marked "storm".
The stub-out shall extend above surface level,
be visible and be secured to the stake.
2)
CAMPUS GLEN
FWHE #93-6
Page - 15
3 )
Pipe material shall conform with underdrain
specifications described in KCRS 7.04 and, if
non-metallic, the pipe shall contain wire or
other acceptable feature detectable from the
surface.
4 )
Drainage easements are required for drainage
systems designed to convey flows through more
than one lot.
5)
All individual stub-outs shall be privately
owned and maintained by the lot home owner.
f.
In some cases, on-site stormwater infiltration
systems may be suitable for use on individual lots
depending on soil conditions. The system shall be
used where suitable. To determine the suitability
of the soil for infiltration systems, a soils
report that includes percolation tests and a soil
log taken at 6-foot minimum depth shall be
submitted by a professional engineer, or soil
specialist prior to building permit issuance for
each lot. This shall include, at a minimum,
information on soil texture, depth to seasonal high
water and the occurrence of mottling and impervious
layers. If the soils report is approved, an
infiltration system shall be installed at the time
of the building permit. A note to this effect
shall be placed on the face of the final plat map.
A Level II downstream drainage analysis shall be
included with the drainage plan. This analysis
must extend for a minimum distance of 1/4 mile from
the point of release of each flow discharging from
the site. The analysis must address any existing
problems with flooding, capacity, overtopping,
scouring, sloughing, erosion or sedimentation of
any drainage facility, whether natural or man-made.
Probable impacts due to construction of the project
must also þe addressed with respect to these same
concerns. Where this analysis reveals a more
restrictive situation, more stringent drainage
controls, than would otherwise be necessary for a
project of this type, may be required. These
controls may include additional on-site rate and/or
volume controls, off-site improvements, or a
combination of both. Any off-site improvements
will require the approval of all affected property
owners.
g.
CAMPUS GLEN
FWHE 193-6
Page - l6
h.
i.
Current standard notes and Erosion Sedimentary
Control (ESC) notes, as established by the City of
Federal Way Public Works Department, shall be
placed on the engineered plans.
The following note shall be placed on the face of
the final plat map:
"All building downspouts, footing drains, and
drains from all impervious surfaces, such as
patios and driveways, shall be connected to
the permanent storm drain outlet as shown on
the approved construction drawings on file
with the City of Federal Way Public Works
Department under Project lILA-90-0008-SUB.
This plan shall be submitted with the
application of any building permit. All
connections of the drains must be constructed
and approved prior to the final building
inspection approval. For those lots that are
designated for individual lot infiltration
systems, the systems shall be constructed
prior to certificate of occupancy and shall
comply with plans on file.
All construction and upgrading of public and private
roads shall be done in accordance with the King County
Road Standards established and adopted by Ordinance No.
8041 (1987 King County Road Standards).
...'
8.
9.
All roads shall be improved with vertical curb, gutter,
and sidewalks.
lO.
a.
b.
11.
All right-of-ways, roads, and sidewalks shall be
dedicated to the public upon recording of the final
plat.
An addendum to the current geotechnical report
shall be prepared by a licensed geotechnical
engineer to address recommended designs for the
proposed roadways. The report shall detail the
soil and groundwater conditions. The
recommendations to ensure integrity of future
roadways shall be subject to review and approval by
the City of Federal Way.
All roads will be constructed to King County full street
improvements (no half-streets). The following lists the
classification of each:
CAMPUS GLEN
FWHE 193-6
Page - 17
l2.
13.
14.
lS.
16.
a. Road A - Neighborhood Collector
b. Road B - Subaccess
c. Road C - Subaccess
d. Road D - Minor Access
e. Road E - Subaccess
f. Road F - Minor Access
Note: If paved width of minor access or subaccess
streets are to be less than 28 feet, each lot shall
provide for four off-street parking stalls per King
County King County Road Standards Section 2.03 note
#8) .
Planter islands within any cul-de-sac shall be landscaped
to the approval of the City of Federal Way. The planter
islands shall also be permanently maintained by the
abutting lot owners. This shall be stated on the face of
the final plat.
Any fencing constructed along any street shall include a
landscaped area placed along the perimeter of each fence.
This shall be placed on the face of the plat prior to
final plat recording. Adjacent property owners shall be
responsible for the continued maintenance of subject
landscaping.
At the time of recording of the final plat, any open
space areas, including any areas designated as a NGPB
shall be dedicated as separate tracts. In order to
provide for its ownership and continued maintenance, said
tracts shall be either dedicated to the City of Federal
Way or to a Homeowners Association or other workable
organization. The determination as to ownership shall be
made by the City of Federal Way prior to recording of the
final plat.
If a Homeowners Association is formed, the Declaration of
Protective Covenants, Conditions, and Restrictions shall
be reviewed by the City of Federal Way to ensure that
adequate provisions are made for ownership and
maintenance of common areas.
Easements shall be provided for all utilities not located
within public rights-of-way. The width of the easements
for the individual utilities shall be approved by the
respective utility provider. These easements shall be
clearly labelled on the face of the final plat.
CAMPUS GLEN
FWHE #93-6
Page - 18
17.
18.
19.
20.
21.
22.
A 10 foot utility easement shall be provided along the
front 10 feet ~f all lots and tracts adjacent to the
proposed streets.
The following statement shall be noted on the face of the
final plat:
"Easement Reservations
An easement is hereby reserved for and granted to any
public utility and their respective successors and
assigns, under and upon the front ten feet parallel with
and adjoining the street frontage of all lots and tracts
in which to install, lay, construct, renew, operate and
maintain underground pipe, conduit, cables and wires with
necessary facilities and other equipment for the purpose
of serving this subdivision and other property with
utility service, together with the right to enter upon
the lots at all times for the purposes herein stated.
These easements entered upon for these purposes shall be
restored as near as possible to their original condition.
No utility lines shall be placed or permitted to be
placed upon any lot unless the same shall be underground
or in conduit attached to a building."
The applicant shall participate with the City in
developing and financing school bus crosswalks in the
area. The exact location of these crosswalks shall be
determined by the City of Federal Way and the Federal Way
School District.
A geotechnical/soils report shall be submitted along with
each building permit application for any lots containing
slopes in excess of 20%. This condition shall be placed
on the face of the plat prior to final plat recording.
Prior to final plat approval, the applicant shall pay a
pro-rata share contribution, in the amount of $4,800
towards the improvement of South 320th Street and lst
Avenue South intersection.
The applicant shall adhere to the conditions of
mitigation for the issuance of the SEPA MDNS dated March
12, 1993 for this project.
The applicant shall coordinate the location of school bus
stops with the Federal Way School District. Specific
consideration should be given to the number of students
CAMPUS GLEN
FWHE 193-6
Page - 19
waiting for the school bus at anyone time at anyone
location. The school district and the applicant should
be satisfied that the number of students waiting for the
bus is not excessive and will not lead to problems with
properties abutting the bus stop.
RECOMMENDATION:
It is hereby recommended to the City Council of the City of
Federal Way that the proposed preliminary plat of Campus Glen be
approved subject to the conditions contained in the conclusions
above.
DATED THIS Ï7~ DAY OF July,
sn~~ t
Bearing Examiner
1993.
CAMPUS GLEN
FWHE #93-6
Page - 20
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 pE;'rson requesting the
reconsideration shall specify in the request what aspect of the
recommendation he o¡- 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 prqvisions of the
Federal Way Zoni"ng Code. Within ten (lO) 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 denying 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.
33530 1ST WAY SOUTH
(206)661-<1000
FEDERAL WAY, WA 98003-<'210
RECEIVED
JUL 26 1993
FEDERAL W/',Y
CITY ATTORNEY
MEMORANDUM
TO: ALL PARTIES OF RECORD - já);:1"
FROM: STEPHEN K. CAUSSEAUX, JR., FEDERAL WAY HEARING EXAMINE~~ l-/
RE: PRELIMINARY PLAT OF CAMPUS GLEN
DATE:
JULY 22, 1993
-----------------------
-------------------------
The Examiner has reviewed the decision in the Preliminary Plat of
Campus Glen and a clerical ommission has been discovered in Finding
No. 22. Therefore, Finding 22 is corrected to read as follows:
22.
The applicant commissioned a Level I drainage analysis and on
site floodplain study by Hal P. Grubb, Professional Engineer.
This analysis was submitted to the City on August 31, 1992.
The study establishes that drainage from 80 acres upstream
discharges onto the site through a S4 inch corrugated metal
pipe. Development of this site will generate additional
runoff from impervious surfaces and the applicant's storm
system will include on site detention facilities, oil water
separators, and a biofiltration swale. The applicant will
design the detention facilities to accommodate a 10 year, 24
hour storm event, with a 30% factor for safety. The
applicant's drainage analysis and drainage facilities ensure
that appropriate provision is made for storm water generated
by the site. Drainage from the site will not adversely affect
downstream properties.
SKC/jc
All Parties of Record