Res 93-150
RESOLUTION NO.
93-150
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE PRELIMINARY PLAT OF A SEVEN (7)
LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION,
COMMONLY KNOWN AS WILDWOOD ESTATES, FILE
NO. SUB-90-0004, LOCATED EAST OF 21ST AVENUE
S.W. AND SOUTH OF S.W. 307TH STREET WITHIN THE
CITY OF FEDERAL WAY, AND DENYING A REQUEST TO
REZONE THE PROPERTY FROM SINGLE-FAMILY
RESIDENTIAL (R.S. 9.6) TO SINGLE-FAMILY
RESIDENTIAL (R.S. 7.2), FILE NO. RZ-92-0002.
WHEREAS, the applicant, B.C. Construction Company, has a
possessory ownership interest in a 1.91 acre parcel of property
located east of 21st Avenue S.W. and south of S.W. 307th street,
Federal Way, Washington, legally described in Exhibit "A" attached
and incorporated hereto ("Property"); and
WHEREAS, applicant had applied to the city of Federal Way
for preliminary plat approval to subdivide the Property into nine
(9)
single-family
residential
lots,
pursuant
to
Chapter
20,
"Subdivisions," of the Federal Way city Code ("FWCC") and for a
quasi-judicial project rezone to rezone the entire site from
single-family residential (R.S. 9.6) to single-family residential
(R.S. 7.2) pursuant to Article III, Division 3, "Rezoning," of the
FWCC ("Wildwood Estates Application"); and
WHEREAS, applicant has applied for a project specific
rezone, wherein the City shall evaluate the applicant's specific
develòpment proposal for the subject property as part of the
decision on the rezone; and
RES #
93-150
- PAGE 1
COpy
WHEREAS,
pursuant to Section 22-296
FWCC,
a project
related rezone is processed according to Process III described in
sections 22-477 through 22-498 of the FWCC; and
WHEREAS, after all proper notice requirements, a public
hearing
was
held
on
the
wildwood
Estates
Application
on
September 22, 1992; and
WHEREAS, the City of Federal Way Hearing Examiner, having
heard public testimony and reviewed all written comments
and
evidence
presented,
issued
a
Recommendation
on
Rezone
and
Preliminary Plat on October 6, 1992; and
WHEREAS,
the
Hearing
Examiner
recommended
that
the
request for rezone classification from R.S. 9.6 to R.S. 7.2 and the
preliminary plat approval for Wildwood Estates Application be
approved subject to the conditions contained in the Recommendation
on Rezone and Preliminary Plat; and
WHEREAS, a Request for Reconsideration was filed by Mary
Ann Allmann on October 13, 1992; and
WHEREAS, the Request was distributed to parties of record
in accordance with section 22-488(b) FWCC; and
WHEREAS,
on November 4,
1992,
the Examiner issued a
Decision
on
Reconsideration
denying
the
Request
for
Reconsideration; and
WHEREAS, a Letter of Challenge was filed by Mary Ann
Allmann on November 18, 1992; and
RES #
93-150
- PAGE 2
WHEREAS, on December 8, 1992, the Land Use Committee of
the City of Federal Way City Council considered the Letter of
Challenge and remanded the Letter of Challenge to the Hearing
Examiner for a rehearing limiting the scope of the rehearing to one
(1) significant issue pursuant to section 22-490(C) (2) FWCC; and
WHEREAS, the Federal Way Land Use Hearing Examiner held
a Hearing on Remand on December 29, 1992, concerning the issue on
remand; and
WHEREAS, at the conclusion of said hearing the Federal
Way Land Use Hearing Examiner issued its Findings, Conclusions, and
Recommendations on January 13, 1993, recommending approval of the
wildwood Estates Application with conditions; and
WHEREAS,
a Letter of Challenge was filed by Mary Ann
Allmann and Everett L. Gish on January 27, 1993, protesting the
Hearing Examiner's Recommendation dated January 13, 1993; and
WHEREAS, on March 2, 1993, the Federal Way City Council
considered
the
Letter
of
Challenge
at
a
public
hearing
and
recommended the matter to the Hearing Examiner for a rehearing
limiting the scope of such hearing to three (3) significant issues
pursuant to section 22-490(c) (2) FWCC; and
WHEREAS, the Federal Way Hearing Examiner held a public
hearing on remand on April 27, 1993; and
WHEREAS, at the conclusion of said hearing the Hearing
Examiner issued his Response to Questions Submitted on Remand dated
May 19, 1993; and
RES #
93-150
- PAGE 3
WHEREAS, on July 6,1993, the city Council considered the
recommendation of the Hearing Examiner and heard arguments by
Applicant and challenges; and
WHEREAS, at the conclusion of the Council's deliberation,
the Council declared that it would hold its own public hearing
pursuant to FWCC Section 490(c) (2) on the revised application of
seven (7) lots; and
WHEREAS, on August 10, 1993, the Council held a public
hearing on the revised plat application for seven (7) lots, and the
resulting decision is hereby contained in this Resolution; and
WHEREAS, the city Council of the City of Federal Way is
the governmental body with jurisdiction and authority to pass upon
the approval,
denial or modification of the wildwood Estates
Application using the substantive criteria of the FWCC; and
WHEREAS, the city Council having considered the entire
written record,
pursuant to Chapter 20,
"Subdivisions"
FWCC,
Chapter 58.17 RCW and all other applicable City codes, ordinances
and regulations; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1.
Record Before the Council.
The consideration
by the City Council was based solely on the record which includes
all staff presentations, Applicant's presentations, Appellants'
Challenges and all Hearing Examiner recommendations.
No other
evidence,
testimony,
or public comment outside the record was
RES #
93-150
- PAGE 4
accepted by the City Council.
To the extent that any improper
submissions contained matters of an evidentiary nature, they were
disregarded by the Council.
The record consisted of the following:
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
1.
Record and Exhibits from Hearing Examiner
Public Hearing.
Hearing Examiner Recommendation.
Request for Reconsideration.
Examiner's Decision Denying Request for
Reconsideration.
Letter of Challenge filed with the city.
Record and Exhibits from Rehearing held by
Federal Way Hearing Examiner.
Hearing Examiner Recommendation upholding original
determination to approve the preliminary plat and
rezone request.
Letter of Challenge filed protesting the Hearing
Examiner's Decision Issued on January 13, 1993.
The Council's decision to remand to the Hearing
Examiner to consider three specific issues.
The Examiner's Recommendation/Response to questions
submitted on remand.
staff Summary of Application of July 6, 1993, and
Applicant and Challenger Argument to Council of
July 6, 1993.
All testimony, evidence and exhibits submitted at
the Council public hearing of August 10, 1993.
Section 2.
to
Section
Findinas of Fact and Conclusions.
Pursuant
22-490
city Council has
FWCC,
the
considered the
Wildwood Estates Application and, after full consideration of the
RES #
93-150
- PAGE 5
entire matter on the record before the Hearing Examiner and based
upon the record of its de novo public hearing, the city council
hereby adopts by reference the Findings and Conclusions of the
Federal Way Land Use Hearing Examiner as contained in the Hearing
Examiner's Decision on Remand dated January 13, 1992; and Response
to
Questions
submitted
on
Remand
dated
May
19,
1993,
which
documents
are
attached
hereto
as
Exhibits
"B"
and
"C,"
respectively, and those Findings and Conclusions contained in the
Council's Findings of Fact and Conclusions attached hereto as
Exhibit "D."
section
3.
criteria
to Rezone :
Hearina
Examiner's
Findinas Reiected.
The City Council rejects the Hearing Examiner's
findings of the specific criteria which an applicant must meet in
order to obtain a zone reclassification pursuant to Article III,
Division 3 of the FWCC, as contained in the Hearing Examiner I s
Recommendation on Rezone and Preliminary Plat dated October 6,
1992, including, without limitation, Finding No. 13 (A), (B), (C),
(D) and (E).
section 4.
criteria for Rezone: Council Findinas.
The
Federal Way city Council adopts the following findings with respect
to the specific criteria which an applicant must meet in order to
obtain a zone reclassification pursuant to FWCC section 22-299.
1.
FWCC section 22-302 requires that a city may approve an
application for a quasi-judicial project rezone only if it
finds that:
RES #
93-150
- PAGE 6
(1)
the proposed rezone is in the best interests of the
residents of the city;
(2)
the proposed rezone is appropriate because either:
(a)
conditions in the immediate vicinity of the
subject property have so significantly changed
since
the
property
was
given
its
present
zoning
and
that,
under
those
change
conditions,
a
rezone
is within
the public
interest; or
(b)
the rezone will correct a zone classification
or a zone boundary that was inappropriate when
established.
2.
City Council finds that pursuant to Process III, FWCC 22-
484,
applicable to this proceeding, the applicant has the
burden of convincing the City that, under the provisions of
this article,
the applicant is entitled to the requested
decision.
3.
The applicant has not met the burden of proof to show that
the proposed rezone is in the best interest of the residents
of the City.
The City council finds that this site
is
appropriate for single-family residential development.
The
site is bordered on the eastern boundary of the site by the
westfair Apartments, and bordered on the north by the Shady
Tree duplex development.
21st Avenue Southwest provides the
separation line between multi-family development and single-
RES #
93-150
- PAGE 7
family development in the immediate area.
Single-family is
found on the west side of 21st Southwest and a multi-family on
the east side.
The site is currently zoned R.S. 9.6, which
will permit development of the site into seven (7) single-
family lots.
designation
This lot size is consistent with the zoning
for
the
lots
to
the
south
of
21st
Avenue
Southwest, zoned R.S. 9.6.
Due to the size and configuration
of the site, the proposed zone change to R.S. 7.2 would result
in the development of nine (9) lots, a difference of two (2)
lots.
Given the size and location of the lot, there is no
significant difference in the compatibility of R.S. 9.6 and
the requested rezone change to R.S. 7.2 with the single-family
lot size to the west.
There being no significant difference,
the applicant has not met the burden to show that the proposed
rezone is in the best interests of the residents of the city.
4.
The applicant has not met the burden of proof that the
rezone
is
appropriate
in
order
to
correct
a
zone
classification or zone boundary that was inappropriate when
established; or that conditions in the immediate vicinity of
the subject property have so significantly changed since the
property was given its present zoning and that under those
changed
circumstances
the
rezone
is
within
the
public
interest.
5.
The City Council finds that the zoning classification for
this
site
was
established
at
the
time
of
the
City's
RES #
93-150
- PAGE a
RES #
incorporation with the adoption of City Ordinance 90-43,
designating for this site the zone classification of R.S. 9.6.
The proposed
site
is
wide
120 '
strip
of
property,
with
proposed lots
in width.
60'
No internal
circulation is
proposed, and all plats will have access directly onto 21st
Avenue Southwest.
21st Avenue Southwest is classified as a
"residential collector" by Section 15.25 of the FWCC.
There
is a curve in 21st Avenue Southwest at the south end of the
property.
Conditions of approval will require the applicant
to broaden the curve which will increase the sight distance.
21st Avenue Southwest is shared as an access point for lots
located in Lakota Palisades across the street from the site.
The Lakota palisades site is zoned 9.6, consistent with the
current zoning of the subject site.
The current zoning
designation of 9.6 for the subject site is compatible as a
transition zone between multi-family and single-family.
The
applicant has not shown that a rezone to 7.2, resulting in two
(2)
additional lots, will correct a zone classification or
zone boundary that was
inappropriate when this
zone was
established in 1990.
6.
In addition, the applicant has failed to meet any burden
to show that conditions in the immediate vicinity of the
subject property have so significantly changed since 1990 when
the property was given its present zoning and that, under
93-150
- PAGE 9
those changed circumstances, a rezone is within the public
interest.
Section 5.
ApPlication Approval.
The Preliminary Plat
Application
SUB-90-0004
for
the
Property,
commonly
known
as
Wildwood Estates, is approved as evidenced by the City Council's
adoption of this Resolution which shall permit the applicant to
subdivide and develop the Property, pursuant to the plans on file
with the City for this Application.
Section 6.
Conditions of Approval.
The approval for the
Wildwood Estates Application shall be subject to the development of
the Property in conformance with the plans on file with the City,
SUB-90-0004, and further subject to the following conditions:
1.
The applicant will be required to submit an appraisal of
similarly situated property so that the city may determine the
exact "fee in lieu of" to satisfy the open space requirement.
Payment of the fee shall be required prior to final plat
approval.
2.
Storm drainage detention facilities shall be designed in
accordance with Basin wide recommendation BW-2 of the Hylebos
Creek Lower Puget Sound Basin Plan utilizing the 2-year and
10-year, 7-day storm events instead of the 2-year and la-year,
24-hour storm events in the King County Surface Water Design
Manual.
The 30 percent factor of safety shall be applied per
the Manual.
RES #
93-150
- PAGE 10
3.
Upon installation of the retention/detention facility in
Tract A, the grading and vegetation and improvements shall be
installed to provide maximum site distance perpetually.
4.
Driveways
on
Lots
6
and
7
shall
be placed
in
the
northernmost location on each lot consistent with the FWCC.
Section 7.
Effect of Approval.
The effect of the
approval of the Wildwood Estates Application shall be to allow the
applicant,
subject to all applicable codes and ordinances,
to
develop the Property in conformance with this Resolution and
pursuant to the Preliminary Plat Application SUB-90-0004 approved
as part of this Resolution.
Section
8.
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 the public
use and interest will be served by the 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 Hearing Examiner for the city of Federal Way to review the
impacts of the invalidation of any condition or conditions and to
conduct such additional proceedings as are necessary to ensure that
the proposed plat makes appropriate provisions for the public
health, safety and welfare and other factors as required by RCW
Chapter 58.17 and applicable city ordinances, rules, regulations,
RES #
93-150
- PAGE 11
and shall such recommendation to the City Council for further
action.
Section 9.
Severabilitv.
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 10.
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
September
, 1993.
CITY OF FEDERAL WAY
~~?s~
ANEY, CMC
APPROVED AS TO FORM:
;:æ,~L~N
I?e-
A. LAKE
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 95-150
September 1,1993
September 7,1993
MARYKIRBS\ wn.ÐWOOD ,RES
RES #
93-150
- PAGE 12
THAT PORTION OF THE SOUTHV.ST QUÞ.RTER OF THE NORTHEAST QUÞ.RTER OF
SECTION 12, TOWNSHIP 21. NORTH, RJ..NGE 3 EAST, WILI.J:>..METTE MERIDIÞ.N, IN KING
COUNTY, WASHINGTON, MORE ?Þ.RTICUUo.RLY DESCRIBED Þ.5 FOLLOWS:
BEGI~~ING AT THIS INTERSECTION OF TEE NORTH LINE OF SAID SUBDIVISION
WITH TEEEAST.MÞ.:RGIN OF 21ST AVE S.W.'~ SAID POINT BEING SOUTH 88 DEG:rŒSS
35'07" EAST 30 FEET FROM THE NORTHWEST CORNER OF SAID SUBDIVISION;
THENCE CONTINUING SOUTH 88 DEGREES 35'07" EAST Þ~NG SAID NORTH LINE 120
FEET; . .
THENCE SOUTH 1. DEGREE 21.'4" EÞ.5T ï3S.S9 FEET TO A POINT ON THE
NORTHEASTERLY ~..Þ.RGI~ OF 21ST AVE S. w. ; -
THENCE NORTHW"ESTERLY Þ.LONG. SAID MJo..RG:Œ TO THE TRú"E POINT OF 3EGI1-<~ING.
.'
. .
EXBIB1T I '1/ II
3HC,;(E TRT HL",";¡J:\G E:\.:L.\íI."-l";{ OF ; ::.ë.. em- OF : :Œ)DlÙ- WAY
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uf 3,(' eé~-:r~C::~:J C~::::;.,,~y
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DECI5IO~ O~
RECO~SIDERA TIO?'í
For Pr"l'-r:~2.ry P:2.t Ap;¡rc"\"al
of WÐ:-..-ood E..<'.2ttS
0:1 S~;:>:~:-:..:'::~ ::::. :??2. :. :-J~.::g ',;.':..s ~,:::j ::1 ~::s;:>:J::s:: lD ,_':',~ q;:>D::':.¡'S 7~1J::st for
;r~::::-.::,?...-:." ;:>::'1 q;:>~o\'ë..l :-:~ 2. 9 Le,¡ s::-.{~-:?...-:-":':y ~~sid::::::?l s~'J::::\':s:o;; :?:¡¡j 2. ::.m::
~t.:::?Ss::'"::.?.::o:; c; -.:.~ s'~':è~~: ;:>~:'?-:-::. ~:':-: ?S 95 (S:..-,gj~-??...-:-.:'::. ?~si:::~::::'ë..l) ¡o RS ï.2
(S::-:g:~-F?...-:-":':y ?~S::::7.:::':).
On O:,o~~r 6, 1992, L'1~ ?~..:"",g Ex?...-ci.,~r iss'j~ <. 7tCo:nm:::Jé2:i::; ~ ,,1:: Cry Council for
2.;:>:?~O'\'Gl of '3-.:: 2.;:>;:>:iC?...,¡'s ;:>~o?Cs.:.l "'1:Ìl :0:1 ¿::i o;:s. O:J O:le~::r ;:3::" 1992, a R~u::st for
Reco::sid:::<.:ia:J i..ì :;-J.is ;;:2.,.;:r v,-2.S rued by lIEs, M?..ty ..òJ.lm2.!l.ï, :Sowever, 1.'1:: R~u::st for
Reco::siè:::<.Da:J w2.S :Jot cEs::1buted to 1.\¡:: p:.:-ies of re.::07d 2.S ffi2.:Jè.?:=:d by !.1e Feder.J. W2.y
Zo¡¡IDg Code. Tr.: Office of Öe l..2nò Use E~~,g EX2.1T.iner con:2.c:=:è Ms, A1lJr.ann rega:r¿ing
this oversight, ?...ìd proper àimibution of the Request for Reconsiåe:-.:don to ill p2.J.-¡ies of record
GlO:1g wi:Ìl <..ï ?ifid2\-it of ;;:iliing v,-2.S fumish~ O:J Oeleber 21, 1992.
The R~'.:est fer Re.::o;:side:<.tion 2.Sks ,,';at 2. co:Jòition of 2.?p,a\'Gl ':>e impos~ v,-ìùch would
e,,-..e.ïò side'""..xs 2.1o;:g L'1e west siò: of 21st Avenue Soutbwest <..ìd 21st Wë.y Southwest to th~
Wes:::ili shoppi..,g co;;:pleY.. Bo'v.'ever, Seo::io:J 110,25(1) of ",':e Fe:::e:--.1 Wë.y Zoniïg Cod~
r~ui;-es "', ë.:JpDC2::t 10 ins:ill road im:Jrovemen:s 2.10T;~ L1t J7on:2.~e ë.:;d ...'Ìc)¡.'1 of e:ach n£ht-of-
w;y 2.bu~,g. Òe prope:ry. A co:Jåiti;n of 2.?P,o\'Gl co~sistent ...i:h ,,';e wnbg code s:::;¡)-;n h2.S
b= im?Osed, Tn:7: is no e-">Òe aumon!)' to ,e.quire 1.1e ext:.--:.sion of sià:w21ks, a.'1d the City
of F:òe:-.J. W2.y e¡;\~,;-onmen::al of5.ci21 ¿¡ò not ,equin such a conb:ion pu.'.=t to L'1e St2.~
E¡l\",;-onme:J::al Policy Act. T.Je decision by Òe en\'ironm:n::al o5ciGl in Ü:..:s m2."er is fu.21.
sine: it W2.S not 2.ppe2.lëd.
T:Je Re.ouest for Reo:o1':siòe:<.tion 2.1so r¿ses ...?in t.1e issue of the "Y'..::>:::-.:.2l E¡'~nbelt d:sicr.atio¡¡
ofL'1: site 2.S set foru1 in ::'1e ariginGl òeo:ision~ The,e 2:"e no rec;rds. ...'¡-Jch-substamia~ tiat Üus
pmp::-ty ",':..s to remain 2. b":::::nbe1t, 2.!1d L1e7e 2.re no :JotatiO1':S an the ¡)¡ e to th~ prop:ny
res;:ic:i;,g itS use b :.::y ili?...1..ï:r. Com:-.:.ry to L1e st2.tement of Ms. A21:n<..'1.!1 t!;at ::.\¡e Wni¡1g map
s;'¡ows no zo!'.i,g for ;;;e sic:, it is L'1e Ex=.i,er s opirJon iliat L";: 2.OrJng IT:ë.p sho...'s the si~
cl?.Ssi5~ :..s RS96):1,
Tne R~uest far Re.::onside:<.tion is hereby DE.."TED.
DA TED TElS 4TH DA Y OF NOVE.\ffiER, 1992,
EXHIBIT B
\\TI.DWOOD ESTA ITS
FILE :SCß.-90-000~ "RZ-9~-(l(lO~: FWHE #9~-10
PAGE ~
IT, RJGHT TO CHALLD.'GE
7he :tComme:;Ò.:}O:1 of L'1e Be.2..-'.i.::g E:u....T.i!:er m2Y be ch2.lJeng~ t-y õny person who is to
rtC~v:: a copy of th2t r=mme:1darion pursD2..."'lt to FWZC 155.60.6. That cJ1illenge, Í!J L'Je
fa:!:! of a le,~r of chalkr:ge, must be delivered to ':.'1e ?l?.'1!ú.."lg De;¡?.-::-:,ent ",;:J-.in fourt~n (14)
C21::n:'.2.r C2YS 2...~er Lie iSSU2..!JDe of L'1e Hez.ri~"'lg Ex?"'ni.!J::r's r=:-.,me:Jê..?:ion or, if a request for
r=::s:óe:-"::lo:J is fled, ÜJen wiÜlin four"'~n (14) c2knè.2.r days of e:òer Li:: de;Cision of L'J::
R:<.:':;g E.x?.T¿'1er de::yi;:g Lie request for rtCo::siòe:-..!Ío;¡ or L'1e :=::s:åered r=mrne:;è.2rion,
Tne ;:::-..:r of chille:1ge must con:2in a c1= reference to the 17:2.::e: :,e;'"'lg d:ille:1ged 2...'1d a
s:<.~ment of Ù',e V~if¡c fact1.:.2l :S..'1d;'"'lgs 2...'1d conclusions of Üle He2:'_":g Ex2.miner disputed by
the person filing t..i¡e chillenge, Tne person filir.g the ch2.lJe,!Jge still i:1cluôe, with Li¡e le:tf:r of
ap7...2l, L'Je fee established by t..'Je City, The chiller:ge will not be acc..."?ted uI'Jess it is
a~:rr?2.!Ùed by !.'1e :e.quiTed fee, The recornmenè.2tion of the H:2J.-i.ng En.'!lÏner rn2.Y be
ch2.l1::;ged wheL'Jer or not t.\¡ere W2.S a request to r=nsiôer L'Je HeGI'~"lg :Ex.ê.Inber's
r=:r¡me.'1d2.rion,
BEFORE. THE HEARL'\G EX,-\.\1I'\""E..'<. OF HIE CITY OF FEDERAL WA y'
:N TIlE:'>1:\ ITER OF TIlE APPLlCA TlO:\
of B.C. Construction Company
)
)
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FILE #SCB-90-0004iRZ-92-0002
FWHE #92-10
For Preliminary Plat Approya!
of V,ild>food Estates
RESPO);SE TO Ql.ETIO;\S
S CB:\ 1ITTID O:s' RE. \ L-\. '\1)
r. SF\[\fA.RY
Rem~nd of prelir.ir;û-y ;>1<.t <.ppro\'ë.l to H~_~g Exz..-¡Ü.¡¡er purs~.t to City Coune:..! decisio:1
issued on March 2, 1993--,,'1e scope oÎ )¡e¿..-i:-.g on ¡j-,e :-!;Cord shill be li¡¡-¡ited to consider 0:11y
L!-¡e following issues:
1.
2.
3.
4,
Vinat constitutes legal r!;Cordij1g i¡1 1966 and does L'Je 1z..,guage of t.!-¡e resolution
incorpolë.te !be Plz..'lning Com¡:-..:ssion's conditions to ,,'1e Zone designation?
Fact'.:ë.l findings which address t'1e effective d2.te the present owner acquiri:d title,
Factual fll1dings which address tbe S2.fety issue of propa-r access to L'1e property.
The Hea..¡'ing Exû-¡¡.iner W2S ins1:".¡cted to bring his recommendation dir!;Ctly to the
City Council--not to a City Co~:¡cil Commi!t~,
IT. PROCEDù~AL Th"FOR.."'1:A nON
Da~ of Hearing on Rerr.a.'1d:
Record CJosed:
D<.te of Decision on Remand:
Apr'J 27, 1993
M<.Y 5, 1?;J
May 19, 1993
At t.ìe he.ör.ng the fol1ov.'Ìng presented testim;)~y 2..jd evidence:
1.
Mike Tnom2S, Associate P12.I1:1er, City of Feåer.:l \\'2Y
33530 .. 1st W2Y South, Fede:-..! \"2Y, WA 98003
2,
Landi Linåel1, Deputy City ,./o,:tomey, City of Fedenl W2Y
33530 - 1st Way South, Fede:-..! W2Y, WA 98003
3,
Ron GéITOw, Senior Deve10pme:1t E:¡gine.er, City of F~nl W<.y
33530 - 1st W2Y South, Feóe:-..! W2Y, \VA 98003
4.
Barry Fisher
30482-227:11 PI SE, Kent, WA 98042
EXHIBIT C
COpy
WILDWOOD ESTA ITS
FJJ...E #SL~90-(l(l0~"RZ92-(lOO2; FWHE "-J2-10
PAGE 2
5,
6,
7.
Mary Ann Aj)m~,n
30Slï-21st Ave SW, Fede~,J \\'ë.y, ',\'A ~;Ci23
Ron2.1d Anòersen
30807-21st Ave S\V, F¡;je~,J \\'ë.y, \\'A ;;023
Kay:: Knm
30541-26:h Ave S\\', F¡;j::~,J \\'ë.y, ',','A ;'5C'23
At L!¡e he2.ring L!¡e fol]owing ex1:ibits ',,'e~e ë.è:7'.::-.:-..1 ë..S ?ë....L of ::.e offJc:ë.l ":co~å of L~ ese
pro~-¡gs:
1.
2.
3.
4.
5.
1.
2.
3,
6.
7.
SŒ.ff Addendum to Re:?Q:1
King County Bo~d of Commi£sio::s :<.esolu:io:¡ ;';0, ::2460
King County R~rds iUJd Ej~:lo"s ]e:ter to MLJ' Ar.n Ailmë....-¡ ¿2.ted 2/24/93
utter from Keren \Vingõ.rd ¿2.:eO 4/23/93
utter from former King County P1o.r:J¡,g Commissio:1er John T. O'3rien d2.ted
4/29/93
uttl:r from 2.ttorney Robe:1 Demo;;y, JT. ¿ë.teO SiS193
Aòòenòum to Stúf Repo:1 ¿2.,:oj S/5/93
ID. F"I\l)I'\GS
At its reguiu meeting On Much 2, 1993, p::~SUë.!1t to Sedon 22-490 of :he Fede..""21 \V-;.y
Citv Coòe :he Fede..-,J W,y City Co:::¡cil ~e:;'2.¡)ded L!¡e ~~eE:!ljn'i.IV ;>12.t 2.nd rezone of
Wildwood Estates to :he Fede..-cl W,y Ee¿.-i.-¡g EXL71¡;er to hold a h~.ring for Lie'
pu.-pose of consiòering :hree (3) specific imes ë....-¡ò to li¡:-Jt Lie scope of :he ::e.L-ing to
sa5d issues.
On April 27, J993, a public he¿.":.l11g "'ë..S hejd ë.nd Lie r~o~d ]eft open until M-;.y 5,
1993, to receive Exhibit 5, a Jer,er fro::i John T. 0'3~en, former J(L-¡g County
Commissioner, 2.S wen 2.S res;xJ;1ses thereto from the 2.pp~C<.:1t iUJd :he City of Fede;-,J
Vhy.
The issues identifJed by Lie City Counc:1 ë..-¡ò responses ¡;,ereto o.re -;.s folJo\\'s:
A,
W11-;.t constitutes Jeg2.1 recording in 1965, ë.nd does !he Jë..'1guë.ge of the resoJution
inco;po;--¿te Lie PliUJning Co¡;:m:ssjo;¡'S co;¡òi:jo;:s :0 :he 20ne designation?
J)
The present re.cording S:.o",:e RCW 65.08.070 ""2.S enacted in J 927 and
has not been ë.mended. Së.iò S:.otule reaès ë.S ;0110""s:
WILDWOOD ESTA US
FILE FSl.l3-90-000~/RZ9l-0(l(l:; F\\1-'.E =-.<.::1
PAGE 3
Real proper1y CCúH:;;úCtS to be rt-c:ròed. A ca~.\eY~lce (,j
re.ë..l pTOpt:-.y, '~;.t:1 õ:;:,c'~:e.:¡;~ ::: ~..e P'::>O:1 t),e:..:";"::.g ::,e
S<...-n~ (Ll~ "c;:':"~:::-:¡;::-,:~.t :,:i"g ce;-~:;:;.j ~ :equi:t.d by :ê.'~),
mê.Y b~ :,:~:,:è=.j :'1 ~ce ai;'¡c~ or ":-.: ~e:..:orè::.,g ai;')cer or :;.e
coun:y '~';,::e ::.: p:op':::)' is si:'Jê.:~, E', :r)' sx;'¡ co::\'e)'ê.:Ke :,01
so :xo:ò~ is ',oij U ê.¡;<:.i::SI z..-,y s'J:s~"e::t p:.:~chê..ser Dr
rnorlgê.g~ :", g:>:.j :<:.i:..~ ë..,-,d :or a \'ë..J:':õ':::e co~.s¡òe:ë.:jo:1 ::0;:] ::,e
Sê..;:]~ \'e:,dcr, ;.:S ;,ei~s c: è",,'ise.es, C: ':-.e Sê..::-.e re.ë..l ;:,~o:?e:-.:' 0:
ë.::y pc;-jO:1 ":-.t~;;:'f .~c,:~: cc::\ey;::;c: i¡ ;:;5t d',;:)' ;~o;ò::d. .~_:1
u-.st.-urner,t is è;;e;::-.::j :=:è::.d ":-,e ::-'::.~:e it is f:Jt.d for :õ:Co:d.
The lerm .co:1"eyë.:!ct" is d::::.=.j :y Rc\V ::5.CS.OSO(3), ','..hich s::':',;¡e
was ~nacled in 1927 ë.:,d ~.~ r,ot oe.e:1 2.me:1d::.d. CÖ¡1Veyë...1Ce is òef¡;¡ed
as fo110""'s:
The term "co::\'t::'ë.:!D:;" :"1c);¡ÒeS e\'ery ';,'::::en ;;:st.-ume;¡t by w¡-jch
any estate or b:erest b :-e.ë..I prope;":)' is created, L1"2J1sferred,
mortgaged or usigned or by which t~,e ttJe to ë...-¡y reë..l property
may be affected, i:1cbd:"g ê.n ins:...-ume::t L1 executon of a power,
~though ti¡e pC":":r be o;.e of re\,Q-:¿::o:1 only, ë.,-¡d ë.,1 ins1.-urnent
releasing in ',:,'¡-,01:: or in Pê..,"1, ~s,?::>:1i:,g or s;¡bordir.2.ti¡,g a
mortg<.ge or o:"~,::r ¡ie;,; exc:::;:>t a '.;,-:.J, a lease for a :em of not
exc~ing ¡-.;,'o yt<:s, ë.:id ê..,1 :"s1.-;::-.e::; g:-ë.:ing a power to cor:"ey
reë..l prope:!y ~ the ê.gent or ~no:T,ey for the owner of tÌ",~
proper:y. "To c.~r:"ey":s 10 ex~'..j¡e a "w:1"eY2.')c~n as èefjn~ in
this subdivision.
2)
Legal r~rèing in 1965 wr:s:s:ed of subminir:g a èocurnent for :xorèing
to the cashier 2.t t\¡e Ki:,g Co;:n!)' Office of Re::o:ds 2.1è Ejections. The
cashier St2mp~ a èë.:e 2.-¡è ~tCo:ding f~ :::;",':>er on ÜJe face of t1-¡e
. òocurnent ê..,'Jd accepted ::,:: ~e::o:-d:i1g fe.e, ~ext, ¡he :eco:ding cJe:k
stamped the òocume:1t wi::") ê. èë.',e ê..!1d trne of ;e::ording ê..,')è a vo]ume ë.,-¡è
page number. Prese:::;)', òoc¡;::-,e:.:s :xei\"e ê. :e,,-òigit recorèing number.
If a document is not Fop:r:y re::o~òed in this :".2.1ner it is not :etrje"2bJe
by a title compa.,-¡y Dr p'Jrcb.ser t)-,~o'..jgh a s::.;;dë.:d ;i¡]e se.G:ch, 2.nd :s not
consiòered no;jc~ 10 s:.i:£e.:;¡;::~,t ;:>¡;:cÌ:2.se~s oj ¡:;-,y e~,cumbrë.-'JC:: or
conveyance of the p~o?e:-.)',
3)
In 1966 King Coun:y T.õd a ~J¡"g syste:7l :or :r.ajn::.ining the county's
legisJa¡j"e records. 1:'.: ~tCords of wnir:g óe.c;£jor:s ê..,1d Other resoJu:ions
of the Board of Kir:g Cou;':J' Commissioners '.>,:~e ),)Jed 2..'Jd rnë..int.2.ined by
ÙJ~ King County Aud::or i:1 0:1: of two ;:;::::0:£: (1) Comrr..:ssion:rs'
\\1LDWOOD ESTA TES
FTI...E #SCB-90-000~'RZ92-0CiCl:: F\\:è E: ë::-'2.: [)
PAGE 4
pro:et:è:r.¡;s .~t~t ;:~tSt;-ò::j i:; ::-c:.s:::p::::cs :~. ':,:d: fo~::1 or :::iGo[¡]::;tJ
fi:.csi;;¡iìes. (2) Co::-.::-.:"jo:e~s' ~eso:~::::,~.s '~e~e ::-.~:;:.ci:1e.d Ì:1 fJes
or¡;z:-.iztJ ::1 "::c'~¿z:-;:= '~'i'_1 \'~-jD:;S ;c,;:i:¿2 ~-:-c:.¡;=::-,=r;;s, 1:1 20;;ir.g
IT.,,rters ¡}-,e Co::-'::-,:~sic~,e~s' ~es::,:~jO:1 '.;s'.;~y:o:s:s:::d of ë...1 ë:e.a !7:ë.;J
re¡lecti.!;g ::;e w::.g c:-.~.ge. c:,j .~.~ :::::..:5 '~'i::; o:.'-,er reso;dor.s. Boch
;:,e CO¡:¡::-.is5io:1e~s' ?~:':7-L_-.g5 c:,d reso::;:::~. ~-::es '~'ere i;¡dtxe.d :)' a
¡;:",1'.;ë..l i:1èe)~ir:g sys',e::-. ,.~)~;.,j::: :). :\"ei:.:.'-.tr ::-.e CO:.1"ry Co:T:",issio;¡ers'
pro:<;edî;:gs r,OT rt50]:;:;:,:; ?::es ~-:-,D:;r.t to :=~dir,g ~ co:;tempJate.d by
?.CW 65.08.070. W":,i:e :eco~:s of :esoL:::o:.s ,,:,: ?:o:~i;:gs 2:'e pu":Jlic
r=rds z:-¡d ë:e c,,?Ò:e ::f :;e:~.g ~e::-je\'tJ, ::-¡ey c:e not proper])' ¡-ecord::d
documents which give r,o:.ic:: t:;¡ a ;>ote:-,;.:<.1 ;:,.,,~:i:~er.
4)
Tne resoJ,,:!o:1 of Òe f:i:,g Co',,:')' 3cë:'d of Commissioners adop:ir:g
ResoJut!o:1 32L60 s:":es :C1 pe:-..:.~,er¡t ?",-¡ 2..S fo~o""'s:
"NOW THEREFORE 3E IT RESOLVED Ù".at L!¡e Bo2:'d O!
Co'.;nty Com",i5sio;;ers does - here~y adopt L!¡e ñndi.!1gs ë.!1d
recom::;e"è2:io~.s or :he P]20-¡nir:g Age:1:y ~ i:s own ...-¡d åoes
herÒy rec]2ssi:')' ~:;-.2i~¡ properry ,Q ?2.!.c- J 80J 2..S shown hereon
ë...-¡d 1eg21Jy des::::;::d he~ein...".
The apove quoted ;a::g'.:2ge 2òopt::d tie :eco::1;;¡e;;èatio;¡s O! L1¡e King
County Ph.nning Co¡¡;:::ission. 30wever, Exhi'::>it 3, a 1e:ter from Ernie
Dornfe]d, KiI'.g Co'.1;)ry A,chivis!, s:..tes t':<.t :.'-,e Count)' CommissioneTs'
Teso]ution 1:s1:211)' co~.s:s:~ "of ...1 ë:'e.a ::-'2.p <.nd L1¡e zorlÍ;¡g ci.....-¡ge
appToveå" , In re\-je'~'i!1g ResoJurion 32L50 it ,ppe.ë:S that the onJy
property ;ezone.d .",.~ foT !.Ì1e Wesrfa:r A;;ë...-:rnems. <.nd Ù".,t Lie 120 ioot
strip which ¡]-¡e appli:ë...-¡t :-.~ pu,chas~ "".~ exc1uò~ from the zone
r~1assiñc¡;:jon. In r:.ë.òi;¡g ::,e ,=",::-:e:;:i,,:ion of the King County
P1anning Commission i;; Jigbt or tÌ1e a:'C'\e, j¡ appe.ë:s Ù".at when t!¡e
Commission w~ ,eco::-.rnenòir,g ;;0 access "::;¡ ::.:s propeny from L!¡e north
a..1d west", tÌ1e Comm:ssjon '~'2S ,efemng iO ¡}-,e propeJ1)' actuaJJy rezoned
2o1d not to tÌ1e wes:er:y 120 feet of s2Sd p,ope~y. which was to rem2Sn in
the RS 9600 w:;e. T;¡;:s, whi:e not =:'.1::1' è:ë.f¡~, it appears that the
P1anning Comm:ssio:; ~ecomme;;daDo:; Ód not address the exc]uòe.d
pTOpeJ1y, The ë:e¿ ::-.ap a::.ëcheò to Resob:ion 32460 high1ights the
Westf2Sr Aputme:;t prope"y on]1', and i:;èjc¡;:es no acDon regudjng the
excJudeå pa."ce1.
\\1LDWOOD ESTATES
F1LE #5L""B-90.000~;'RZ92-0[I[i:; F\\1-'.E ë9:-l0
PAGE 5
5)
3,
T;¡~ City of ?t.de:-<..l \"'.,)' .,60;>:t.d :ts Zo;-.:::g C:>:~ 0:1 Fe:,:-J.:z......y :3, 1990.
Ü?O:1 sue'¡ .,60;>::0:1, ?t.d~:-<..l W,,-is 2.o::.i::..; CDj~ ;>:-~:7;;>:t.d z..."ìd
su;>ersedt.d ~! Ki;-;g Co::::.:y w::,i::,g desig::zjo::.s, C¡y s:¿ff ::evje""t.ó ::,~
Ki:,g Cou:::y Zo:Ùg ~~q co\'ef,--;g ;"'Je SU:::.:1 ;>:-o?e:-7)' z..."ìè òe:e;-mint.d
Ù'."t L'le:-e z:-e DO lz:-d use :-est:icDO::S, Ho""'e"e:-, eVeD if sue'¡ :-es:ncDo::S
h"d b~n ;>:o?e;-])' i:,c;:::t.d 0:1 ::-,e King CO::::. 7)' Zo::..i::,g Mq, Òe C:¡y's
Zo::.iDg Co:e G.."ìd ::-.q ::::;>;2.C-ts :..'1e King Co::::::.-' :7:,,;>, Tne City's ;T.,,;>
òo~s not bc];jde <.;;)' such 12:¡d '.:s~ ,es,,-1c:io::s.
The effec:ive òae :ha tIle ;>::::S::::1 O"o"'"er 3;;..')' E, ?:sh~r ê.."ìÒ Cymh:a A. Fisher,
doing busiDess 2.S 3C Co::s:.-uc::ion Com?;;..,y, ac.q,-":::t.d :itJe to the ;>::o;>ery W2.S
the date of ,eco:-òi."'.g, ApfJ 20, 199O,
C.
Factual f""ìòings which add:-ess ::,e Sëieiy issue of :;:-:-opery access to :"Je propeJ1)':
2)
3)
4)
1)
21st Ave SW is c;mi5ed 2.S a "residenti21 col1ector" by Sedon 15.25 of
the Feder2l Way Ciiy Code, Abum¡¡g p:-or-:-:les 2:e allowed direct access
to ,esiò~D::21 colJector st:'~l5, Accordi.,,; to Ron Ga.:Tow, Senior
DeveJopmeDt Engi¡j~r, 2Jst Ave E is properly c:usifJed u a resiòemi21
colJector.
TIle only :-est..icDon f::om access onto a residen:ia1 coJJector a:e drive"'-'ays
cJcser Ù'.ê..'1 tV.'enty-f:ve (25) feet to 2...., i;¡¡ersection, The nearest
btersec!Í!'.g read to l.ì-¡is prop~-¡Y is 30i:.'1 SI SW, which is more tha..,
!\:.'e!1t)'-fJve (25) feet f::om the De2.:est Jot.
Conce...JiS hve been raised regzrding sight distaJ1ce probJeIT'.s caused by
t'Jecurve in 21st Av~ SWat ,,"Ie south end of ¡]-¡e prop~-¡y. Conditions of
approv21 re.qu¡¡-e ,,"I: applic¿¡¡t to broaòen Lie curve which wi1J increz.se the
site distance, Condijo::s ë1so r~uire that driveways for the southern Jol5
2.ccess 2.S :zr to the :Jo;-.h as' possible 0:1 së..id Jo:s. Setbacks for a
driveway z:-e Dve (5) f~t [¡-om a side prope:-.y ¡jne.
The app1jC2J1t employed a "..fflc expe:1 to pe:fo¡-m a tr"¿flc study, The
traffic study was acc~p:t.d by "ie City and es!.2b]jshes that L<.ff¡c impacts
CH:aled by ¡his d~v~JO;>:n~:11 ".m b~ insjg:::;JCa:l1.
\\ll.DWOOD ESTATES
mE #SCE-90-0004iR291-000:!; FWHE K>:!.10
PAGE 6
IV. RECO:'-i' fE.'l) A TIO~
It is hereby recommended that the City Council of the City of Federci Way approve the
proposed zone reclassification request 10 RSï20J, as wen as the pre1imjn2.ry p]2.\ of Wildwood
ES2~S,
. DATED TF..lS 19TH DAY OF M....y, 1993.
a.'nine¡
BEFORE THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
IN THE MATTER OF THE APPLICATION
of B.C. Construction Company
FILE #SUB-90-0004/
RZ-92-0002
FeE #92-10
For preliminary Plat Approval
of wildwood Estates
CITY COUNCIL FINDINGS OF
FACT AND CONCLUSIONS
I.
FINDINGS
1.
The applicant has a possessory ownership interest in a 1.91
acre parcel of property bordering the east side of 21st Avenue
S.W. in the Lakota neighborhood. The site is located within
the suburban residential classification of the Federal Way
Comprehensive Plan, and is zoned RS 9.6.
2.
The property is rectangular in shape, approximately 120 feet
wide and 700 feet in length. The site is bordered on the west
by the 21st Avenue S.W. right-of-way, and on the east by the
westfair Apartment complex, a high density multi-family
development. On the north are the shady Tree Condominiums, a
duplex development, while on the south across 21st Avenue S. w.
are mini-storage warehouses. East of the Westfair Apartments
is a small shopping center bordering SR 509 (Dash Point Road) .
To the west of the site is the single-family residential
subdivision of Lakota Palisades with roughly 12,000 square
foot lots. Eight lots of Lakota Palisades border the proposed
subdivision including the drainage pond. The site itself has
not been improved, and has both understory and tree
vegetation. The vegetation is moderately thick with "peek-a-
boo" views of the apartment complex through the trees.
3.
The applicant's preliminary plat plan proposes seven sing1e-
family residential lots, 60 feet in width and varying in size
between 7,200 square and 7,280 square feet, commencing at the
north boundary of the property and extending south. At the
south end of the property where 21st Avenue S.W. curves from
north/south to northwest/southeast is Tract A, a 15,280 square
foot parcel which will contain the drainage pond. The
applicant is dedicating 2,820 square feet to the city for
right-of-way purposes to improve the said curve, and provide
site distance for the plat lots. No internal circulation is
proposed, as all plats will access directly on to 21st Avenue
S.W., as do lots in Lakota Palisades across the street.
RES #93-150, EXHIBIT D, Page - 1
COpy
4.
In addition to the dedication of right-of-way to correct the
inadequate roadway radius at the south end of the site, the
applicant is required by the Public Works Department to
construct full-width street improvements to 21st Avenue S.W.
the full length of the plat, to include 40 feet of pavement,
sidewalks, curbs, street trees, and gutters on both sides of
the street. The applicant has objected to this requirement,
stating that the standard in all other jurisdictions is for
construction of half-width street improvements, and that the
Federal Way City Code ("FWCC") is excessive. section 22-1474
of the FWCC is entitled "Required Public Improvements." Said
section states in part as follows:
"The applicant shall, consistent with the
provisions of this article, install all
improvements established in Section 22-l524
and Section 22-1525 along the entire frontaae
and width of each right-of-way. . that
abuts the subj ect property. " (emphasis
supplied)
Thus, the Federal Way City Council has established that road
improvements are required for the entire width of the right-
of-way. However, there is an existing sidewalk already
located on the west side of 21st Avenue S.W., and if at all
possible, this sidewalk should be retained instead of a new
sidewalk constructed. If the existing sidewalk does not meet
City standards, the Public Works Director should strongly
consider granting a variance.
5.
Children residing in the subdivision will attend Adelaide
Elementary School, Lakota Jr. High, and Decatur Senior High
School. The improvements to the roadway system will enable
school children to walk to school or school bus stops. The
School District has adequate capacity and capability to serve
students residing in the plat.
section 20-155 of the FWCC requires proponents of subdivisions
to dedicate land for open space. An exception is made for
subdivisions less than 5 acres in size by Section 19-46(c) of
the FWCC, which allows the applicant the opportunity to pay an
open space fee in lieu of the dedication of property. The
Federal Way Parks Department has determined that a payment of
$22,182.00 in lieu of open space is acceptable. The nearest
park is Adelaide Park on 16th Avenue S.W. approximately one
half mile from the site, and it is anticipated that said funds
will be used for improvements to the park or in the immediate
neighborhood.
6.
RES # 93-150 EXHIBIT D, Page - 2
10.
7.
The applicant has obtained a certificate of water availability
from the Federal Way Water and Sewer District which has
committed to provide both potable water and fire flow to the
site. The District also has capacity to provide sewer service
to the site subject to the applicant entering into a developer
extension agreement with the District. It is necessary to
extend the sewer trunk by 5 feet to reach the site.
8.
The site is impacted by drainage from the Westfair Apartments
to the east. The applicant proposes to provide compensating
storage for any off-site flows tributary to the site and an
infiltration system to handle such flows in accordance with
city standards. The applicant proposes to collect all on-site
drainage and direct it to the drainage pond at the south of
the site where it will then be piped under the road to an
existing culvert. Runoff generated from the site will be
released at a controlled rate in accordance with the King
County Surface Water Design Manual and the Hylebos Creek and
Lower puget Sound Basin Plan. A bio-filtration swale will
also be provided at the south end of the site. Because of the
additional pavement added to the west side of 21st Avenue
S. W., the applicant may also be required to provide additional
detention on the west side of 21st Avenue S.W. as well. If
so, this detention will occur within the drainage swa1e
itself, but will not result in water being pumped into the
plat detention pond. The proposed conceptual drainage plan is
adequate to serve the site without adversely impacting
downstream properties.
9.
Concerns were raised by both the applicant and the residents
of the area regarding the drainage pond. The applicant is
proposing a fence along the pond boundaries, and was concerned
with the requirements of landscaping as it is not proper to
plant trees or other vegetation within the pond itself. The
City responded by requesting a 5-foot strip of trees along the
fence line, which was acceptable to the applicant. citizens
concerns centered on the maintenance and beautification of the
pond. They pointed to a contrast between the well-maintained
pond to the north of the site, and the non-maintained pond on
the apartment property. This particular pond will meet the
requirements of the city, and will be maintained by the City
in a manner similar to the attractive pond to the north.
An additional concern raised by those in opposition to the
development were assertions that at a 1968 King County
Planning Commission meeting considering the approval of the
Westfair Apartments, this site was designated as a perpetual
greenbelt. Residents testified that the Planning Commission
had approved the apartments subject to a screening buffer
which consisted of this parcel. However, the residents and
city staff have conducted an exhaustive search of King County
RES #93-15(j, EXHIBIT D, Page - 3
12.
13.
11.
records, and have performed a title search on the property.
There are no records which substantiate that this property was
to remain a greenbelt, and there are no notations on the title
to the property restricting its use in any manner. While the
city Council is sensitive to promises and commitments which
are made at public hearings, without written documentation it
is not legal or proper to require a parcel to remain as a
perpetual greenbelt based upon oral statements made at a
Planning Commission meeting many years ago. The Planning
Commission is a body which makes recommendations to the
legislative body, the ultimate decision-making authority.
The preliminary plat request is a decision which must be made
using Process III. section 22-490 of the FWCC contains the
criteria which an applicant must establish in order to obtain
a recommendation of approval to the city Council. Findings
required on each criteria are hereby made as follows:
A.
The project is consistent with the Federal Way
Comprehensive Plan. As previously stated the site is
located within the Suburban Residential classification
which allows both RS 7.2 and RS 9.6 zones. The plan
recommends a density range of four to six dwelling units
per acre in the Suburban Residential classification. The
applicant's proposed density conforms with that range.
B.
The proposed development is consistent with the FWCC, as
well as other applicable development codes and
regulations.
C.
Development of the site in accordance with the applicable
development codes and regulations and conditions of
approval will ensure that the public health, safety, and
welfare is maintained.
section 20-112 of the FWCC requires the Examiner to review a
preliminary plat request for compliance with section 20-2,
design criteria and development standards of sections 20-157
and 20-178 through 20-187, RCW 58.17 and other applicable
ordinances and regulations of the city. As previously stated,
this preliminary plat meets all requirements of all City
codes. The site, likewise, meets the requirements of the
State Subdivision Code, RCW 58.17.
FWCC section 22-1157 provides sight-clearance standards for
driveways entering the right-of-way equal to 10 feet. The
challengers to the plat argue the more restrictive provisions
of the King County Road Standards requiring 490 feet should
apply to this plat pursuant to FWCC Section 1516 (B) which
states that "until permanent standards" are adopted, the city
will use the King County Road Standards "except where
RES #93-159, EXHIBIT D, Page - 4
1.
2.
otherwise indicated in Sections 22-1517 through 22-1523.
Where there are conflicts, the provisions establishing the
larger or more intense requirements shall be followed."
14.
The Council finds that the City's adoption of Section 22-l157
constitutes the City's adoption of a "permanent" sight-
clearance standard and therefore, the King County Road
Standards do not apply. In addition, Section 1516 of the FWCC
deals with "construction standards" (physical improvements to
the property such as surfacing requirements, lighting) not
"design standards" such as required visibility distance from
a driveway. Section 1516(A) lists the types of specifications
which are intended. They are construction specifications and
omit sight-clearance requirements.
IV.
CONCLUSIONS
The applicant's request for a zone reclassification from RS
9.6 to RS 7.2 fails to meet the criteria for said zone
reclassification as set forth in the FWCC.
The proposed preliminary plat of Wildwood Estates meets all
requirements of all applicable Federal Way codes and
regulations, as well as RCW 58.17.110. This preliminary plat
will serve the public use and interest by providing an
attractive location for single-family residential development
convenient to shopping and other retail services. This site
will continue to provide a buffer, albeit a residential buffer
as opposed to a natural buffer, for property owners in Lakota
Palisades from the Westfair Apartment complex.
DATED this ~ day of
MARYK\PLD\WILDWOOD.CC
RES #~, EXHIBIT D, Page - 5
September
, 1993.
CITY OF FEDERAL WAY
Recused
COUNCILMEMBER, RON GINTZ
/
Recused
COUNCILMEMBER, RAY TOMLINSON