Res 93-154
RESOLUTION NO.
93-154
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHiNGTON, APPROViNG WiTH
CONDZTZONS THB PRBLZMZNARY PLAT OF JANSSEN
ESTATES, FEDERAL WAY FILE NO. SUB92-0001
WHEREAS, the applicant, John Janssen, applied to City of
Federal Way for preliminary plat approval to subdivide certain real
property consisting of 3.46 acres located north of South 288th
street, east of 30th Avenue South (if extended) and south of 29th
Place South into twelve (12) single family lots; and
WHEREAS, the Federal Way Land Use Hearing Examiner held
a public hearing on August 10, 1993, concerning the preliminary
plat of Janssen Estates; and
WHEREAS, at the conclusion of said hearing the Federal
Way Land Use Hearing Examiner issued its Findings, Conclusions,
Conditions, Recommendations and Decision on August 27, 1993; 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 conditions of said
preliminary plat pursuant to section 20-113 of the Federal Way city
Code; and
WHEREAS, the city council having considered the written record
and the Findings, Conclusions 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,
RES # 93-154
- PAGE 1
COpy
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
section
1.
Findinas
of
Facts.
Conditions
and
Conclusions.
The Findings, Conclusions and Recommendations of the
Federal Way Land Use Hearing Examiner issued on August 27, 1993,
following a hearing held on August 10,
1993, which included a
recommendation to approve the preliminary plat of Janssen Estates
subject to certain conditions, are hereby adopted as the Findings,
Conclusions and Conditions of the City Council.
section
2.
ADPlication Approval.
Based
upon
the
Findings, Conclusions and Recommendations of the Federal Way Land
Use Hearing Examiner, as adopted by reference by the City Council
set forth hereinabove, the preliminary plat of Janssen Estates,
Federal Way File No. SUB92-0001, is hereby approved subject to the
conditions contained in the Recommendation of the Federal Way Land
Use Hearing Examiner Report for this matter dated August 27, 1993,
attached hereto as Exhibit A and incorporated by this reference.
section
3.
Conditions
of
ApDrova1
Inteara1.
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 Hearing Examiner for the City of Federal Way to
RES #
93-154
- PAGE 2
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 County and/or 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 5th DAY OF
October
, 1993
~T¡
/ )7
lß CLERK,
CITY OF FEDERAL WAY
~rs~-£J
c
MAUREEN M. SWAN Y,' CMC
Ctl7°RM:
CITY ATTORNEY, CAROLYN A. LAKE
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 93-154
September 29,1993
October 5,1993
¡,ICOMMONlRESOIIANSSEN.EST
RES # 93-154
- PAGE 3
EXHIBIT A
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAKINER
IN THE MATTER OF:
FWHEi: 93-9
FILE i: SUB92-000l
PRELIMINARY PLAT OF JANSSEN
ESTATES
I.
SUHMARY OF APPLICATION
. The applicant proposes to subdivide 3.46 acres into 12 single
family lots. The site zoning is RS 7.2 Single Family. The
proposed lot sizes range from 8,473 square feet to 10,458 square
feet with an average lot size of 9,403 square feet. Access is
proposed from South 288th Street and North 29th Street South. The
proposed frontage roads (30th Avenue South) will be constructed to
Federal Way full street improvement standards with no half-streets.
The applicant proposes to serve the subject subdivision by means of
public sewer and public water which are available to serve the
site.
II.
PROCEDURAL INFORMATION
Hearing Date: August 10,1993
Decision Date: August 27,1993
At the hearing the following presented testimony and evidence:
1.
Bill Kingman, Associate planner, City of Federal Way
33530 - 1st Way South, Federal Way, WA 98003
2.
Warren Hoffman -2B605 30th Avenue South - Federal Way, WA
98003
3.
Mrs. william A. Shoemaker - 286l7 30th Avenue South -
Federal Way, WA 98003
Wilford Schaff - 28529 29th Place - Federal Way, WA
98003
4.
5.
Rudy Ebenbeck - 5303 Pacific Highway - Tacoma, WA 98424
JANSSEN ESTATES
FWRE 193-9
Page - 2
6.
Myrna Bennett - 2930 South 288th Street - Federal Way, WA
98003
At the hearing the following exhibits were admitted as part of the
official record of these proceedings:
1.
2.
3.
4.
5.
1.
Staff Report with all attachments.
III.
FIHDIHGS
The Bearing Examiner has heard testimony, viewed the site and
taken this matter under advisement.
The Community Development Department staff report sets forth
general findings, applicable policies and provisions in this
matter, and is hereby marked as Exhibit 1 and incorporated in
this report by reference as though set forth in full herein.
All appropriate notices were delivered in accordance with the
requirements of t~e Federal Way Zoning Code.
The applicant has a possessory ownership interest in a 3.46
acre tract of land located on a proposed frontage road (30th
Avenue South) which is accessed from 288th Street on the south
and 29th place South on the north. The applicant is
requesting preliminary plat approval to divide the site into
twelve single family lots. Lot sizes will vary from 8,473
square feet to 9,403 square feet with an average lot size of
9,403 square feet.
Site zoning is RS 7.2 Single Family. The proposed preliminary
plat is consistent with this zoning classification.
6.
On June ll, 1993, the Federal Way Depa..rtJnent of community
Development serving as the environmental official issued a
Mitigated Determination of Non-Significance for the proposed
development. There has been no appeal from said determination.
7.
The site is a generally rectangularly shaped parcel. It
slopes downward from west to east. The highest elevation is
approximately 430 feet above sea level. It is located at the
extreme northwest corner of the site. The lowest elevation
(approximately 408 feet) is located at the southeast corner of
the site. Slopes range from 6% to 10% through the site.
8.
Identified soil is Alder;¡ood gravelly sandy loam. A regulated
minor stream exists along the eastern border of the site which
requires a 50 foot setback for any improvements. The
headwater of this minor stream is wetland #3216 located at the
JANSSEN ESTATES
FWHE 493-9
Page - 3
9.
10.
l1.
l2.
Laurelwood Community Park. The outflow of wetland #32l6 runs
due north to wetland #3217, north through Camelot Square
Mobile Home Park, north across South 28Bth Street, east of an
parallel to the subject property, east under 1-5 into King
County to Bingaman Pond, northeasterly to Mill Creek and
associated wetlands adjacent to the West Valley Highway.
The applicant is proposing an encroachment into the 50 foot
minor stream setback by portions of the proposed detention
system. Improvements proposed within the setback area include
the biofiltration swale, gravel swale access road.
The Director of Community Development has determined that the
drainage system qualifies as a utility, and is therefore
allowed within the minor stream setback area pursuant to
Section 22-l3l2(a) FWCC. There are no other reasonable onsite
locations to place the stO:r1!l drainage system in order to
provide gravity flow required by the FWCC.
The site is moderately wooded with a mixture of coniferous and
broad-leafed trees. The dominant tree is the Douglas Fir.
The site is not a host to any wildlife species of concern as
identified by the Washington Department of wildlife Priority
Habitat Species Map. The site is located in an urbanized
neighborhood. To the north is Ridge West Subdivision (RS
1.2). To the south is South 288th Street and camelot Square
Mobile Home Park (RV3600). To the east is Interstate 5 (I-5)
and the east corporate limit of Federal Way. To the west is
single family residential lots and a proposed church (RS 7.2).
Residential noise impacts from 1-5 indicate noise levels of 19
dba which were measured in the vicinity of this site by the
Department of Transportation. The existing noise levels are
24 dba above maximmn allowable levels. The applicant proposed
to ensure that all homes in the subdivisions are constructed
to the noise reduction standards contained in King County
Ordinance #8184. These standards will reduce interior
residential noise levels by 30 dba yielding noise levels of
approximately 49 dba following implementation of the reduction
construction standard.
13.
30th Avenue South identified as Tract X of King County Short
plat No. l78007 is a private road which is a residential
collector which is currently improved as a gravel access road
serving several residences. South 288th Street is a collector
arterial improved with four travel lanes and sidewalks on both
sides. Vehicle access will be from South 2B8th at a point in
line with Tract X. The applicant will widen this alignment
eastward and connect the developed 29th place South. Traffic
JANSSEN ESTATES
FWHE #93-9
Page - 4
l4.
15.
l6.
onto 2B8th Street will be increased by lIS ADT counts and 12
pm peak hour counts for the 12 proposed dwelling units. south
28Bth Street, abutting the site, is presently operating and
service level C. No impacts associated with this development
proposal will occur to South 288th Street. There may be a
traffic increase from northerly subdivision due to improvement
of 30th Avenue South.
30th Avenue South will be improved full width with 36 feet of
pavement to match 'existiñg conditions, vertical curbs,
gutters, four foot wide landscape strips, street trees at 30
foot on center and five foot wide sidewalks, all on both sides
of the new street. However, there will be no sidewalk,
landscape strip or street trees immediately abutting a
developed residential lot at 2930 South 288th Street owned by
My=a R. Bennet. These improvements are not possible adjacent
to this lot because insufficient right-of-way width is
available. However, a full right-of-way improvements will be
installed as required north and south of this lot as dedicated
to King County for right-of-way purposes and street purposes
sufficient right-of-way to provide for full width streets and
improvements.
Improvement of 30th Avenue South is consistent with city of
Federal Way's six Year Transportation Improvement Program and
the Comprehensive Plan. Roadway improvement width is bàsed
on the design, configuration and alignment of the existing
29th Place South and projected traffic loads and needs for
safe traffic turning improvements. There will be no traffic
impacts to South 288th Street associated with this
development. Therefore, . no improvements to South 2B8th
Street, 29th Place South or off site improvements are
necessary with this application. Staff recommends that direct
access to 288th Street be prohibited from any lot in the
proposed subdivision. The applicant proposes to pay a fee in
lieu of dedicating 15% of the gross area to open space. The
fee will be based upon fair market value of 3.46 acre site as
dete=ined by an appraisal prepared wi thin ninety (90) days of
payment.
A certificate of Water Availability from Federal Way Water and
Sewer District indicates that water will be available to the
site in sufficient quantity to satisfy King County Flow
Requirements.
17.
A Metro bus stop is located one block west of the site at the
intersection of South 288th and 29th place South. The sit e
is also served by Metro Dial a Ride Transit.
JANSSEN ESTATES
FWBE i93-9
Page - 5
18.
19.
20.
2l.
Public sewer and water will be provided by Federal Way Water
and Sewer. The sewer availability was submitted with the
preliminary plat. Water service is presently available for
30th Avenue South.
The proposed subdivision will be served by Mark Twain
Elementary, Totem Junior High, and Thomas Jefferson High
School. It is estimated that the proposed development will
generate 9 students. Federal School District No. 210 stated
that the projected number of students impacting the school
system will be mitigated through a use of construction bonds,
impact fees and state matching funds.
Development of the site will generate additional runoff from
new impervious roadway, roof tops and driveway surfaces. The
applicant proposes to design a storm system utilizing on site
detention facilities, oil water separators and a biofiltration
swale.
22.
The on site detention and biofiltration swale facility will be
located on Tract A. A fifteen foot cravel road will be
10Gflted along the entire length of the- detention pond and
swale adjacent to the east property line of the subdivision.
The detention facility shall be sized to control the 2-year
and lO-year, 24 hour storm events with 30% factor of safety in
accordance with the 1990 King County Surface Water Design
Manual. oil/water separation facilities shall be provided
upstream of the biofiltration swale and detention system.
Storm water will exit the site at the south end of the
property and drain to the conveyance system along the west
side of I-OS, east under 1-5 into King County to Bingaman
pond, then northeasterly to Mill Creek and associated wetland
adjacent to the West Valley Highway. Staff recommends that
Tract A be dedicated to the City i.=ediately following
construction of the required improvements as a condition of
the preliminary plat approval.
Underground utility, natural gas, telephone and cable
television will be provided to each lot during construction of
the preliminary plat improvements. Easements will be provided
for all utilities not located within public rights-of-way.
The width of the easements for the individual utilities will
be approved by the respective utility provider. These
easements will be clearly labeled on the face of the final
plat. Street lights are required by code on all streets
except neighborhood access streets a.r¡d cul-de-sacs. 3 Oth
Avenue South is classified as a residential collector.
Therefore, street lights are required with this application.
JANSSEN ESTATES
FWHE #93-9
Page - 6
23.
24.
Substantial concerns were raised by witnesses as to additional
noise impact to their property which will result when the
trees are removed from this property.
There was also concern raised by witnesses about the fact that
29th Place to the immediate north turns into what will be 30th
Avenue South which is very confusing. Witnesses suggested
that perhaps 30th Avenue South should be renamed 29th Place
South as they are the same roads. There is also concern
raised by the witnesses about the difficulty of turning off of
288th Street onto the proposed 30th Avenue South, there being
no turn lane there, and the high speed of traffic in the area.
Residents suggested that perhaps 30th Street should be blocked
and cul-de-sacked so that the only entrance would be from 29th
place South to the north.
'IV .
CONCLUSIONS
From the foregoing findings
following conclusions:
the
Bearing
Examiner
the
l.
2.
makes
The Bearing Examiner has jurisdiction to consider and decide
the issues presented by this request.
The proposed preliminary plat of Janssen Estates appears to be
consistent with the Federal Comprehensive Plan and it will be
consistent with all applicable provisions of the Federal Way
Code, including those adopted by reference from the
Comprehensive plan if in compliaDce with the recommended
conditions listed in.this report. It is also consistent with
the public health, safety, aDd welfare. It will be consistent
with all applicable state aDd local public health and safety
regulations prior to approval of the final plat. It is a
response to increasing residential population and is
consistent with the public welfare.
3.
The proposed preliminary plat of Janssen Estates should be
approved subject to the following conditions:
1.
Construction on the improvements to 30th Avenue South
shall not begin until Tract X of King County Short Plat
No. 178007 has been dedicated to the City. Construction
of any buildings on tbe lots of this subdivision shall
not be final until 30th Avenue South bas been constructed
and accepted by the City of Federal Way.
2.
Open space in lieu of open space dedication shall be
provided at the time of final plat approval. Payment
amount shall be equal to 15% of the fair market value of
JANSSEN ESTATES
FWBE 193-9
Page - 7
3.
4.
5.
the 3.46 acre site as determined by a appraisal prepared
within 90 days of payment.
Tract A shall be dedicated to the city immediately
following the construction of the required drainage
iJnprovements.
Easements shall be provided for all utilities not located
within the public rights-of-way.
The following statement shall be noted on the face of the
final plat:
EASEMENT RESERVATIONS
6.
An easement is hereby reserved for an 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 following statement shall be noted on the face of the
final plat:
"No lots shall be permitted direct vehicular access to
South 288th Street."
7.
All significant trees, as defined by the FWCC, shall be
identified and protected prior to commencement of any
onsite construction.
8.
The preliminary plat application should be conditioned to
require all utilities be provided underground.
9.
The applicant shall adhere to the conditions of
mitigation for the issuance of the SEPA MDNS dated June
11, 1993, for this project.
JANSSEN ESTATES
FWRE t93-9
Page - a
RECOHMEJilDMJ: ON:
It is hereby recommended to the City Council of the City of
Federal Way that the proposed preliminary plat of Janssen Estates
be approved subject to the conditions contained in the conclusions
above.
JANSSEN ESTATES
FWEE 193-9
Page - 9
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 Depa.rtJDent
within seven (7) calendar days after the date of issuance of the
Hearing Examiner's recommendation. The person 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 Bearing 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 (l4) calendar days after the issuance of
the Hearing Examiner's recommendation or, if a request for
reconsideration is filed, then within fourteen (l4) 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 Bearing Examiner may be
challenged whether or not there was a request to reconsider the
Bearing Examiner's recommendation.