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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.