Res 94-182
RESOLUTION NO.
94-182
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, APPROVING THE
APPLICATION BY JAN-WES HOMES INC. FOR
PRELIMINARY PLAT APPROVAL TO DIVIDE A 2.34
ACRE PARCEL INTO SINGLE FAMILY HOME LOTS AND
FOR APPROVAL OF INTRUSION INTO 100 FOOT
WETLAND SETBACK FOR ROADWAY SERVING THE
DEVELOPMENT; (FEDERAL WAY FILE NO. SUB 92-
0004; RELATED FILE NO. SEP92-0012; RELATED
FILE NO. UPR92-0009; HEARING EXAMINER FILE NO.
94-09. )
WHEREAS,
Jan-Wes
Homes,
Inc.
("Applicant"),
has
a
possessory ownership interest in property totaling approximately
2.34 acres located at the northeast corner of the intersection of
South 312th Street and the proposed Third Court South, in Federal
Way, Washington
("Property"); and
WHEREAS, the Applicant is requesting preliminary plat
approval to subdivide the southern portion of the Property into
eleven (11) single family residential lots retaining the northern
portion of the Property as open space; and the Applicant is also
seeking approval to intrude into a 100 foot wetland setback as
established by section 22-1357, Federal Way City Code ("FWCC") for
construction of a cul-de-sac providing access to all plat lots from
South 312th Street ("Application"); and
WHEREAS, the Applicant has configured the preliminary
plat as a cluster subdivision pursuant to section 20-154 FWCC; and
WHEREAS, the Property is presently zoned RS 7200, which
allows for single family dwellings; and
RES #
94-182
, PAGE 1
COpy
WHEREAS, the
Application is properly considered under
Process III, pursuant to FWCC Section 20-111; and
WHEREAS, a mitigated determination of non-significance
("MDNS")
was
issued by the City of Federal Way's Responsible
Official for this Application on February 22,1994, pursuant to the,
FWCC and the State Environmental Policy Act ("SEPA") and the appeal
and comment period ended March 23, 1994 without appeal; and
WHEREAS,
all
public
notices
having
duly
been given
pursuant to FWCC Section 22-480; and
WHEREAS, pursuant to Process III, FWCC Section 22-482,
the Federal Way Land Use Hearing Examiner held a public hearing on
the application on April 19, 1994; and
WHEREAS, at the conclusion of said hearing, the Federal
Way
Land
Use
Examiner
issued
its
Findings,
Conclusions
and
Recommendation on May 3, 1994; and
WHEREAS,
this
matter
having
been
considered
by
the
Federal Way city Council Land Use/Transportation Committee at its
meeting
on
May
16,
1994,
for
the
purpose
of
issuing
its
recommendation for approval of the Application to the full City
Council; and
WHEREAS, the City Council, at its meeting of June 6,
1994,
having fully considered the Application,
the record and
Recommendation of the Hearing Examiner, remanded the Application
back to the Hearing Examiner to consider further certain issues
relating to transportation, wetlands and drainage; and
RES #
94-182
, PAGE 2
WHEREAS, the Hearing Examiner conducted a further Hearing
in accordance with the instructions from the city Council on July
19,
1994,
and issued a Decision on Remand on August 2,
1994
recommending preliminary plat approval; and
WHEREAS,
this
matter having been
considered
by
the
Federal Way City Council Land Use/Transportation Committee at its
meeting
of
August
5,
1994,
for
the
purpose
of
issuing
its
recommendation for approval of the Application to the full City
Council; and
WHEREAS, the city Council of the City of Federal Way is
the governmental body having jurisdiction and authority to pass
upon the approval, denial and modification of the Application,
pursuant to the FWCC; and
WHEREAS, FWCC Section 22-490(d) contains the decisional
criteria for the Federal Way City Council's consideration of a
Process III application; and
WHEREAS, the City Council considered the written record
and the Recommendation of the Hearing Examiner, pursuant to FWCC
Section 22-490 on August 16, 1994; and
WHEREAS, the Applicant made a minor modification to the
Application following the August 16,1994, hearing pursuant to FWCC
Section 20-113(e) and in response to Council's comments that there
was insufficient buffer open.space adjacent to South 312th Street
and, accordingly, the criteria for approving a cluster subdivision
pursuant to FWCC Section 20-154 had not been satisfied; and
RES #
94-182
, PAGE 3
WHEREAS, the City Council having considered the written
record and the Recommendation of the Hearing Examiner, pursuant to
FWCC Section 22-490 on September 6, 1994; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
section 1.
Hearinq Examiner's Recommendation.
The
Findings
of
Fact
and
Conclusions
of
Law
contained
in
the
Recommendation of the Federal Way Land Use Hearing Examiner issued
on May 3, 1994, following a public hearing held on April 19, 1994,
and the Hearing Examiner's Remand Decision issued on August 2,
1994, following a public hearing on July 19, 1994, copies of which
are attached hereto as Exhibits
"A"
and
"B"
respectively and
incorporated by this reference (hereafter jointly referred to as
"Recommendation"), which recommended approval of the Application,
as modified by the Applicant as more particularly described in
Exhibit "C" attached hereto, are hereby adopted as the Findings of
Fact and Conclusions of Law of the Federal Way City Council.
Section 2.
preliminarv Plat.
Pursuant to FWCC Section
20-63, RCW 58.17.215, and Findings Nos. 16 and 17 of Exhibit "A"
and
Findings
No.
14,
15,
16
and
17
of
Exhibit
"B"
of
the
Recommendation, the Federal Way City Council concludes that the
Application,
as
modified,
conforms
to
the
suþdivision
design
criteria of the FWCC and the development standards relating to
plats of the FWCC, that the public use and interest is served by
the
proposed development and associated improvements, including
the intrusion by the development access roadway into the 100 foot
RES #
94-182
, PAGE 4
wetland setback,
and ~hat the development as proposed satisfies
the requirements of Chapter 58. 17, RCW,
as it will serve the
public use and interest.
Section 3.
Intrusion into Wetland Setback Area.
Pursuant
to
Section
22-1359 CD)
of the
FWCC,
and
pursuant
to
Findings No. 15 of Exhibit "A" and Findings No.5 and 6 of Exhibit
"B" of the Recommendation, the Federal Way City Council concludes
that the decisional criteria for the intrusion into the 100 foot
wetland setback area have been satisfied in connection with the
Application, as modified, and the request for intrusion into the
setback is hereby approved.
section 4.
Process III Decisional criteria.
Pursuant to
FWCC section 22-490(d) and Finding No. 16 of Exhibit "A" of the
Recommendation, the Federal Way city Council concludes that the
decisional criteria have been satisfied as the Application,
as
modified, is consistent with the Comprehensive Plan, is consistent
with all applicable provisions of the FWCC including those adopted
by reference from the Comprehensive Plan, and the Application is
consistent with the public health, safety, and welfare.
section
5.
Application Approval.
Based
upon
the
Federal Way City Council's Findings of Fact and Conclusions of Law,
as adopted by the city Council pursuant to Section 1 herein and the
minor modification to the plat described in Exhibit "C" hereof, the
Application
for
preliminary
plat
approval,
Blackberry
Hill
development by Jan-Wes Homes, Inc., Federal Way Hearing Examiner
No. 94-09, is hereby approved.
RES #
94-182
, PAGE 5
Section
6.
Conditions
of
ADDroval
Inteqral.
The
conditions of approval of the Application are all integral to each
other with respect to the Federal Way City Council finding that the
public use and interest will be served by the approval of the
Application and modifications contained therein.
Should any court
having jurisdiction of the subject matter declare any of the
conditions invalid then, in said event, the approved Application
and modifications granted in this resolution shall be deemed void,
and the Application shall be remanded to the City of Federal Way
Land Use Hearing Examiner to review the impacts of the invalidation
of
any
condition
or
conditions
and
conduct
such
additional
proceedings as are necessary to insure that the Application makes
appropriate provisions for the public health, safety and general
welfare and applicable City ordinances, rules and regulations and
forward such recommendation to the City Council for further action.
Section 7.
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 8.
Ratification.
Any act consistent with the
authority and prior to the effective date of the resolution is
hereby ratified and affirmed.
RES #
94-182
, PAGE 6
Section 9.
Effective Date.
This resolution shall be
effective immediately upon passage by the Federal Way City Coúncil.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this ~ day of
Se1>tember
, 1994.
CITY OF FEDERAL WAY
MA~~f"': ~~
M. SWANEY, CMC
APPROVED AS TO FORM:
~
~~~
C Y AT , LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 94-182
August 30,1994
September 6,1994
K:\ReSO\Blkberry; 9/8/94
RES #
94-182
, PAGE 7
(
(
EXlIIllIT "1\"
(
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
PRELIMINARY PLAT
HILL/PROCESS III
)
)
)
)
OF BLACKBERRY)
)
)
)
FWHEt: 94-09
FILE 11: SUB92-0004
UPR92-0009
SEP92-0008
IN THE MATTER OF:
I.
SUMMARY OF APPLICATION
The applicant is requesting preliminary plat approval to
divide a 2.34 acre parcel into eleven single family residential
lots as provided for under Chapter 20, subdivisions Federal Way
City Code and Chapter 58.17 Revised Code of Washington. The plat
is proposed as a cluster subdivision in order to preserve a
forested areas as open space. City of Federal Way City Code sets
forth the subdivision review process as Process III review. Under
Process III review the hearing examiner conducts a public hearing
on the matter, and. after consideration of testimony and facts
presented makes a recommendation to the City Council. The City
Council then makes a decision whether or not to grantor deny the
plat request.
(
Additionally the applicant is seeking approval to intrude into
a 100 foot wetland setback as establishedþy Section 22-l35~ FWCC.
The intrusion would be in the form of roadway improvements
associated with the construction of 3rd Court South, the proposed
cul-de-sac providing access to the plat.
II.
PROCEDURAL INFORMATION
Hearing Date: April 19, 1994
Decision Date: May 3, 1994
At the hearing the following presented testimony and evidence:
1.
Michael Thomas, Associate Planner, City of Federal Way
33530 - 1st Way South, Federal Way, WA 96003
2.
Tom Touma, Engineer, 15666 West Valley Highway, Seattle,
WA
(
(
preliminary plat of Blackberry Hill
FWBE "94-09
May 3, 1994
3.
walt Schaefer, vice President, 18000 72nd Avenue South,
suite 206, Kent, WA 98032 .
4.
Mike Miculinich - 190 South 312th Street, Federal Way, WA
98003
5.
Russell Wolf - 230 South 312th Street, Federal. Way, WA
98003
6.
Ron Garrow, City of Federal Way, 33530 - 1st Way South,
Federal Way, WA 98003
At the hearing the following exhibits were admitted. as part of the
official record of these proceedings:
1.
2.
3.
4.
1.
Staff Report with all attachments.
III.
FINDINGS
The Hearing 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 the Federal Way Zoning Code.
The applicant has.a possessory ownership interest in a 2.34
acre parcel of property located at the northeast cortfèr-of the
intersection of South 312th Street and the proposed Third
Court South. The site is rectangular in shape with a frontage
of approximately 165 feet on South 312th Street and a depth
of 618 feet. The applicant is requesting preliminary plat
approval to subdivide the southern portion of the site into
eleven single family residential lots. The north portion of
the site. is proposed to remain in open space. The applicant is
proposing to cluster the lots to preserve the forested areas
as open space, and is also seeking approval to intrude into a
100 foot wetland setback as established by Section 22-1357 of
the Federal Way City Code (FWCC). The intrusion is associated
with the construction of Third Court South, a cul-de-sac
providing access to all plat lots from South 312th Street.
5.
The property slopes down from east to west and is underlain by
Alderwood and Everett Gravelly Sandy Loam soils. The soils are
moderately well drained and. have slight to moderate potential
-(
(
Pre~iminary plat of Blackberry aill
FWHE ff94-09
May 3, 1994
6.
7.
8.
for erosion. They also have moderate limitation for 'sing~e
family construction. Soils will support the applicant' s
proposal.
The site contains' second and third growth coniferous and
deciduous trees native to the - northwest. The applicant is
required to either retain 25% of the significant trees or
replant .in conformance with the 25% requirement of the FWCC.
The site is inhabited by small birds and animals, but no
threatened or endangered species. .
9.
West of the s~te is a natural depression known as the Teahos
Depression. The depression contains a wetland and the
applicant is requesting to reduce the 100 foot wet~and buffer
to between 35 and 85 feet. Drainage from the site will either
be retained on site or will enter the Teabos Depression
through a biofiltration swale.
The site is located within the RS-7. 2 zone classification
which allows single family residential dwellings as outright
permitted uses on minimum lot sizes of 7,20.0 square 'feet.
Said zone classification also allows a maximum lot coverage of
60%. Pursuant to Section 20-54 FWCC the applicant is
proposing to cluster the lots on the south portion of the site
adjacent to South 312th Street. Clustering is allowed for the
purpose of promoting open space and the protection of natural
features such as trees and wetlands. However, the minimum
yard setback requirements must be met as well as ~imum site
coverage requirements. The applicant has shown the building
setback lines for each lot on the face of the I?~t - The
applicant is proposing lot sizes between 2,920 square .feet and
6,700 square feet. Lot clustering will allow the preservation
of approximately 38,775 square feet which includes a large
stand of trees in the northern portion. Preservation of the
trees provides a substantial buffer between the neighboring
subdivision to the north. 1(' f.-d,£,f. fj 10
- (I 'c.> "'" ,u. r:¿¿ c.:Jid
Access to the site is provided by a privat cul-de-sac - --{/
constructed to City of Federal Way standar s. Sidewa~ks will
be constructed on the private road as well as along the
frontage of 312th Street. Landscaping in the nature of a 20
foot Type III buffer will be installed between the homes and
both South 312th Street and 3rd Ct. South.
(
10.
Considerable testimony from the applicant and residents of the
area concern the storm drainage plan for the site. The
applicant presently proposes -to collect the storm drainage and
direct it through biofiltration. swales through the Teahos
c
Pre~iminary P~at of Blackberry Hill
FWHE #94-09
May 3, 1994
Depression. A mitigating measure agreed to by the applicant in
the MDNS requires that the applicant raise the storage
capacity of the Teahos basin and acquire easements from
impacted property owners. The applicant agrees to raise the
overflow ~evel, but is concerned about obtaining easements
from affected property owners. Mitigating measures imposed in
the MDNS are not before the Examiner un~ess an appeal of the
thresho~d determination is filed. In this instance no appea~
was filed, and therefore the Examiner has no authority to
change the mitigating measure. However, since the City
contemplates the Teabos Depression as a regional faci~ity as
opposed to a facility to serve this one development that the
~I city should consider assisting the applicant in obtaining the
, ~necessary easements. In the alternative the app~icant would
,lZ£t4 / retain storm water runoff on its own site.
11. The app~icant comp~eted and submitted a traffic impact
analysis which established that the site will not generate
more than ten vehicle trips during the p.m. peak hour, and
therefore the City will require no traffic mitigation.
Residents of the site will have access to publi~ transit.
12.
13 .
14.
15.
In accordance with Section 20-155(B) FWCC the applicant is
providing 15% of the gross ~and area of the plat as open
space. The applicant is also providing an additional 23% of
the gross land area for open space for the purpose of tree
preservation. The total sum of open space equals 38%. the
p~at will also provide 10% of the required 15% open space as
usable open space.
Both fire flow and domestic water are available to serve the
site. The Federal Way Water and Sewer District wily'p:rovide
sanitary sewers as there is a .sewer main in the South 3l2th
Street right of way.
The 1990 Federal Way Comprehensive Plan designates the site as
Suburban Residential. This designation contemplates a
variety of housing types and choices and an economic use of
urban land to discourage sprawl. The proposed subdivision
meets the policies of the Suburban Residential category as set
forth in the Staff Report.
In association with the preliminary plat approval the
applicant is requesting to construct a 'portion of the plat
roadway within the required setback from the wetland in the
Teabos Depression. Section 22-1359(0) FWCC allows the city to
approve a request to locate improvements within a wetland
setback if the applicant can establish that the six criteria
set forth therein are met. Findings required on each criteria
(
(
Preliminary Plat of Blackberry Hill
FWBE N94-09
May], 1994
C.
D.
E.
F.
16.
are hereby made as follows:
A.
The location of the plat road within the wetland buffer
will not adversely affect water quality. The applicant
will collect the storm water drainage from the plat and
direct it to a biofiltration swale prior to discharge
into the Teabos Depression. Furthermore, the alterations
of the depression will not affect water quality.
B.
The incursion into the wetland buffer will not destroy
nor danLage a significant habitat area. The wetland is
presently criss-crossed by two driveways with a third
driveway into the wetland setback. The latter driveway
will be the location of the proposed plat road. The
buffer is vegetated with alders, blackberry bushes, and
grasses which are not good habitat.
There will be no adverse affects on drainage or storm
water retention capabilities. The Teabos Depression has
adequate storage to retain the storm water runoff. The
applicant has previously demonstrated to the satisfaction
of the city that discharge of the stormwater into the
depression will not create adverse affects.
Incursion into the buffer will not create unstable earth
conditions nor erosion hazards. Disturbed areas will be
-replanted with native upland vegetation as required by
Section 22-1]59 (e) FWCC. Erosion control methods in
accordance with Federal Way requirements will be ,required
during construction.
Reduction of the wetland buffer will not affect--ã.àjacent
property owners nor the city as a whole. The area is not
considered open space and provides no scenic vistas.
Incursion of the wetland buffer is necessary for
reasonable development of the property. Allowing the
small incursion into the wetland setback will ultimately
result _in greater preservation of the natural
environmental as it allows the apl?licant to retain
substantial trees in the °l?en sl?ace on the north portion
of the plat. -
Both the preliminary plat and the request for a reduction of
the wetland setback are subject to Process III review which
requires the Exantiner to make a recommendation to the Federal
Way City Council which in turn makes the final decision.
Prior to making such recommendation, the Examiner must find
that both requests meet the Process III Decisional Criteria
(
Preliminary Plat of Blackberry Hill
FWHE U94-09
May 3, 1994
which are set forth in Sectioll 22-490(d) FWCC. Findillgs
required 011 each criteria are hereby made as follows:
A.
The proposed plat and setback reduction are collsistent
with the Suburban Residelltial category of the Federal Way
Comprehensive Plan. The Suburban Residential category
provides for a dellsity of four to six units per acre
while the applicant's proposal provides 4; 7 units per
acre.
B.
The proposed plat alld wetland buffer reduction are
conslstellt with all applicáble provisions of the Federal
Way City Code, includillg the zoning code, environmental
policy code, Methods to Mitigate Development Impacts
Code, and the Subdivision 'Code, and all other applicable
development codes and regulations.
17.
Approval of the prelimillary plat alld wetland reduction
are consistent with the public health, safety, and
welfare. Approval of the plat will permit development of
the site consistent with the Suburban Residential
category of the Comprehellsive Plan and RS-7.2 zone.
The proposed preliminary plat meets the purpose of
subdivisions, as set forth in Section 20-2 FWCC. Compliance
with all Federal Way Code provisions relating to plats ensures
that the criteria set forth in Section 20-2 are met. The plat
further meets the design criteria and development standards
set forth in Sections 20-151 through 20-157 and 20-178 th~ough
20-187 FWCC as well as RCW 58.17.
C.
IV.
CONCLUSIONS
From the foregoing findings, the Hearing
following conclusions:
Examiner
makes
the
1.
The Bearing Examiner has jurisdiction to consider and decide
the issues presented by this request.
2.
The proposed preliminary plat of Blackberry Bill satisfies all
requirements of the Federal Way City Code and is consistent
with the City of Federal Way Comprehensive Plan and meets all
requirements of the RS-7.2 zone classification. The proposed
plat also complies with all requirements of Section 20-2 and
20-112 FWCC regarding subdivisions. Therefore, the proposed
preliminary plat should be approved.
3.
The request for an incursion into the required wetland setback
meets the criteria set forth in Section 22-1359(d) FWCC, and
(
c.
PreLiminary PLat of Blackberry Hill
FWHE #94-09
May 3, 1994
therefore should be approve~.
RECOHHEUDATION:
It is hereby recommended to the City Council of the City of
Federal Way that the proposed preliminary plat of Blackberry Hill
be approved. It is further recommended that the request to incur to
the required wetland setback to allow construction of the plat road
be allowed.
DATED THIS
--
. (
('
Preliminary Plat of Blackberry Hill
FWHE U94-09
May 3, 1994
VI.
RIGHTS TO RECONSIDERATION AND CHALLENGE
Any person who has a right to challenge a recommendation under the
Federal Way Zoning Code may request the Hearing Examiner to
reconsider any aspect of his or her recommendation by delivering a
written request for reconsideration to the Planning Department
within seven (7) calendar days after the date of issuance of the
Hearing Examiner's recommendation. The person 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 ~equest 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 o~ 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 persol1..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.
c.
EXHIBIT "B"
(
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE REMAND MATTER OF:
BLACKBERRY HILL
PROCESS III
FWHE#:
94-9
I. SUMMARY OF APPLICATION
The applicant's preliminary plat application proposes to subdivide a 2.34 acre parcel into
eleven (11) single family residential lots. The plat has been configured as a cluster subdivision
as allowed for pursuant to section 20-154 Federal Way City Code. The application also requests
reduction of a IOO-foot wetland buffer associated with a wetland that lies adjacent (west of the
subject parcel.
ll. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
July 19, 1994
August 2, 1994
At the hearing the following presented testimony and evidence:
I.
Mike Thomas, City of Federal Way, 33530 1st Way South, Federål Way, WA
98003
..
2.
Ron Garrow, Department of Public Works, City of Federal Way, 33530 1st Way
South, Federal Way, WA 98003
3.
Tom Touma, 15668 West Valley Highway, Seattle, WA 98188
4.
Walter Schaefer, 18000 72nd Avenue South, Suite 206, Kent, WA 98032
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
I.
Staff Report with all attachments.
COpy
Blackberry Hill/Process III
August 2, 1994
Page - 2
2.
3.
4.
Ill. FINDINGS
1.
The Hearing Examiner has heard testimony, viewed the property and surrounding area,
admitted documentary evidence into the record, and taken tlús matter under advisement.
The Community Development Department staff report sets forth general fIndings,
applicable policies and provisions in tlús matter, and is hereby marked as Exhibit 1 and
incorporated in tlús report by reference as though set forth in full herein.
All appropriate notices were delivered in accordance with the requirements of the Federal
Way Zoning Code.
On May 3, 1994, the Examiner issued a written recommendation to the City of Federal
Way City Council that the Blackberry Hill preliminary plat be approved. At its meeting
on June 7, 1994, the City Council remanded the matter to the Examiner and requested that
additional consideration be given to the inipacts to the adjacent wetland in Teabos
Depression; to traffic and access; and storm drainage. Pursuant to the City Council's
remand, a public hearing was conducted to specifically consider said concerns. Based
upon the testimony and evidence presented at said hearing, additional findings on each
concern are made hereinbelow.
IMP ACTS TO ADJACENT WETLAND
5.
The Teabos Depression is very likely an artificial wetland created by the construction of
South 3l2th Street. Water backs up as a result of the fiII placed in the depression to
alIow construction of South 3 12th Street. Section 22-1357 of the Federal Way City Code
(FWCC) requires a 100 foot buffer from the wetland even though it is probably artificially
created.
..
6.
There is not a 100 - foot buffer protecting the wetland at the present time, and even if the
plat access road were moved outside of the required wetland buffer, the lOa-foot setback
would still not be present. The wetland is presently crossed by an existing driveway with
a second driveway located five feet from the edge of the sidewalk surrounding the
proposed cul-de-sac. These driveways wiII remain in their present location if the plat road
is moved to the east away from the wetland. Storm water presently drains directly from
the driveways into the wetland without pretreatment. Upon development of the plat the
storm drainage will be collected in the plat road (which wilI replace the driveway parallel
to the wetland) and directed through a biofiltration swale prior to entering the wetland.
Thus, construction of the plat in its proposed configuration wiII mean the folIowing:
Blackberry HilllProcess III
August 2, 1994
Page - 3
(
I.
An additional incursion into the wetland buffer of five feet in the area of the cul-
de-sac to acconunodate a sidewalk;
2.
Improvement of water quality flowing into the wetland due to pretreatment and
a biofiltration swale.
Relocation of the road to the east property line would mean the following:
I.
Continuation of the present driveways and direct runoff fro.m said driveways into
the wetland.
2.
Loss of a significant stand of trees due to relocation of the plat lots to the north
portion of the plat.
TRAFFIC AND ACCESS
7.
A traffic impact analysis was prepared by the applicant and reviewed and approved by the
City Public Works Department. The project does not generate more than ten p.m. peak
hour trips at any intersection identified in the City's six year transportation plan, and no
traffic mitigation measures are required. Access to all plat lots except one will be via 3rd
Court South, the proposed public road serving the plat. Two private driveways presently
accessing 312th Street and serving properties which are not part of the plat will also use
the plat access road, thus eliminating two accesses.
8.
South 312th Street is an east/west arterial which provides access to SR-99 to the east and
SR-509 to the west. At the project site the road has three lanes including.-one through
lane in each direction and a center left turn lane. Pedestrian sidewalks, bicycle path, and
curb and gutter are also present. According to Metro Transit, two bus routc;s-.and a van
. pass in front of the site. The bus routes operate Monday through Friday from 5:40 a.m.
to 7:10 a.m. and from 3:30 p.m. to 5:45 p.m. The van operates from 8:00 a.m. to 3:30
p.m. Monday through Friday and from 10:40 a.m. to 5:25 p.m. on Saturday. There are
bus stops along both sides of 3 12th Street in the vicinity of the plat. Accident data
reveals a total of23 accidents on South 312th Street between 1st Avenue South and 8th
A venue South in a three year period.
9.
The site is anticipated to generate 96 average weekday vehicle trips, eight of which will
occur during the monúng peak hour and eleven during the evening peak hour. Impact
analyses were performed at the South 312th Street/1st Avenue South and South 312th
Street/8th Avenue South intersections. Both of these intersections are presently operating
at level of service (LOS) D and will continue to do so following build-out of the proposed
subdivision. The intersection of South 3 12th Street and the plat road itself will operate
Blackberry HilllProcess III
August 2, 1994
Page - 4
10.
11.
12.
13.
14.
at LOS "C". It is anticipated that 75% of the plat traffic will travel eastbound on South
312th Street and 25% westbound toward 1st Avenue South.
STORM DRAINAGE
The applicant is proposing to direct plat stonn water into the Teabos Depression wetland
as opposed to constructing a stonn water detention pond on site. A stonn drainage study
conducted by the applicant and verified by a separate study perfonned by the City
establishes that stonn drainage from the site following the most severe stonn (a 100-
year/24 hour stonn) will raise the level of water in the Teabos Depression by less than
1/2 inch. Stonn water runoff from the entire drainage basin will raise the level of water
by three inches following such a stonn event. The depression has 3-1/2 feet of freeboard
before cresting or threatening the nearest structure.
The City is benefitted by allowing the applicant to discharge stonn water into the Teabos
Depression. The applicant is required to secure easements from adjacent property owners
for the benefit of the City. The applicant is spending thousands of dollars to acquire these
e~ements which will then allow the Teabos Depression to become a regional stonn
drainage facility. If the applicant is unable to secure said easements, then the applicant
must provide its own stonn water detention pond.
The Teabos Depression is currently operating as a de facto regional drainage facility in
that the plat of Parkwood Campus to the north of the site uses said depression for stonn
water detention in the same manner as the applicant is proposing. Parkwood Campus
excavated part of the depression to provide compensating storage for its development. The
Blackberry Hill plat does not need to excavate for compensating storage sinçe it is raising
the outlet control which also provides additional storage with no danger to abutting
properties.
..'-
Flooding occurs along 1st Avenue South by the Federal Way Fire Station. The impact of
plat development on this flooding was considered in the applicant's drainage report. The
report established that stonn drainage from the plat will not exaggerate the existing
flooding condition. To the contrary, the applicant's modifications to the outlet control
structure will help mitigate the existing flooding problem. Furthennore, said flooding is
identified as a Surface Water Division capital project.
CLUSTER SUBDIVISION
Section 20-154 FWCC allows cluster subdivisions in order to "promote open space and
the protection of natural features such as trees and wetlands." Said section authorizes the
reduction of lot sizes and the placement of residential dwellings in clusters. However, the
Blackberry Hill/Process III
August 2, 1994
Page - 5
minimum yard and setback requirements must, and building setback lines for each lot
must be shown on the face of the subdivision plat. The open spaces and protected areas
are prohibited from further subdivision or development by covenants filed and recorded
with the final plat.
15.
Section 20-155 FWCC specifically sets forth stands ofJarge trees as a natural or physical
amenity which should be protected by cluster development.
16.
The Washington Supreme Court has encouraged the clustering of development in an effort
to protect environmentally fragile areas and natural amenities. In ruling on a planned unit
development (POO) which is a method of allowing smaller lot sizes, the court. stated in
The Estate of Friedman v. Pierce County. 112 Wn. 2d. 68 (1989), as follows:
A POO achieves flexibility by permitting specific modifications of
the usual zoning standards as applied to a particular parceJ...One
benefit of the POO is that "buildings may be clustered in the most
advantageous locations while environmentally fragile areas and
natural amenities are left undeveloped....Large open areas useful for
natural amenity and active and passive recreation can be retained
without sacrificing developing intensity." R. Settle, Washington
Land Use and Environmental Law and Practice. Section 2.12 (c),
at 68 (1983)... "[A POO] permits the developer of a qualifying site
to be dispensed from otherwise applicable zoning regulations in
exchange for submitting to detailed, tailored regulation. The
developer gains choice; the public gains precise control." R.. Settle,
Section 2.12 (c) at 68. 112 Wn. 2d. 68 at 82.
..
Section 20-154 FWCC authorizes a clustered subdivision similar to a PUD as was
discussed by the court. Such developments are favorably viewed by the courts and land
use experts. In the case of Lutz v. Longview. 83 Wn. 2d. 566 (1974), our court discussed
the difference between a subdivision developed under traditional zoning and a subdivision
developed under a planned unit development as follows: .
Traditional Zoning has had the virtue of certainty and the handicap
of rigidity. A designated zone authorized certain uses, and no
others, absent a variance. While a rezone into a more permissive
class might accommodate a desirable use, it might also allow an
undesirable one. In short, the zoning authority was unable to tailor
a specific desirable development to a particular tract of land if it
involved uses which might cut across a number of zone
(
Blackberry HilllProcess III
August 2, 1994
Page - 6
classifications - unless the tract were rezoned to accommodate the
most liberal element. In contrast, the POD achieves flexibility by
pennitting specific modifications of the customary zoning standards
as applied to a particular parcel. The developer is not given cart
blanche authority to make any use which would be permitted under
traditional zoning. 83 Wn. 2d. 566 at 568.
In the Lutz case the PUD involved development of two multi-fanùly buildings on a large
parcel of property leaving a substantial portion of the site in open space.
17.
In the present case, the applicant proposes eleven single fanùly residential lots in the south
portion of the plat. The applicant is retaining a large tract of open space which contains
a significant stand of trees in the north portion of the site. Such provides a significant
benefit for both abutting properties and the community in general. Development of the
plat as proposed improves the quality of water entering the wetland by pretreating. storm
water through a biofiltration swale. Traffic safety is improved by eliminating driveway
accesses from South 3l2th Street, while at the same time contributing insignificant
additional traffic on said road. Development of the plat as proposed also provides the
City an opportunity to acquire at no expense a regional detention facility of more than
sufficient size to serve the entire Teabos Depression drainage area, and in addition, to
require improvements to the outlet which will aid downstream flooding. .
IV. CONCLUSIONS
From the foregoing findings the Hearing Examiner makes the following conclusions:
1.
2.
3.
The Hearing Examiner has jurisdiction to consider and decide the issues presented by this
request. .. .-
The preliminary plat of Blackberry Hill satisfies the criteria set forth in Sections 20-154
and 20-155 FWCC such that a clustered subdivision should be approved.
The applicant has adequately mitigated wetland impacts, traffic concerns, storm drainage,
and down stream flooding.
RECOMMENDA nON:
The City Council should approve the proposed preliminary plat of Blackberry Hill in its
present configuration.
Blackberry HilllProcess III
August 2, 1994
Page-7
DATED THIS ~ DAY OF August, 1994.
(
(
.-
(
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 Department of Community
Development 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 Hearing
Examiner shall notify the persons who have a right to challenge
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. That challenge, in the form of a letter of
challenge, must be delivered to the Department of Community
Development within fourteen (14) calendar days after the issuance
o.f the Hearing Examiner's recommendation or, if a request for
reconsideration is filed, then within fourteen (14) calendar days
of either the recommendation 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 challenge, 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. Any challenge of the
Hearing Examiner's recommendation will be heard by the Feàeral Way
City Council.
EXHIBIT C
'~_,(;AN -WES HOMES, INC)
18000 72ND AVENUE SOUfH. SUITE 206
KENT, WASHINGTON 98032
PHONE: (206) 251-4020
FAX: (206) 251-4021
August 18, 1994
City Council of Federal Way
33530 1st Ave. S.
Federal Way, WA 98003
To City Council:
This letter is presented to help you understand our reasons for designing the plat the way
we did and to clear up some points.
I. It was suggested at the last council meeting that the lots should have been clustered in
the back of the property instead of the ftont. We clustered them in ftont because there
were few trees in ftont and mostly blackberry bushes and brush, while in the back
there is a beautiful stand of conifer trees that we wish to preserve. See the attached
tree inventory.
2. We could have done a conventional subdivision using all the land. In fact the code
requires that we demonstrate our ability to do that before we could use the cluster
method. See "Alternative B 7200 Sq. Ft." attached.
3. The 'iflteflt' of the cluster method was brought up at the last meeting. The code for a
cluster subdivision as referenced by FWCC 20-154 is as follows:
In order to promote open space and the protection of natural features such as trees
and wetlands, lots may be reduced in size and placed in clusters on the si~.
Lots created in a cluster subdivision may be reduced in size below the minimum
required in the Zoning Code provided that minimum yard and setback
requirements are met. Building setback lines for each lot shall be shown on the
face of a cluster subdivision plat.
Open space created by cluster subdivisions shall be protected ftom further
subdivision or development by covenants filed and recorded with the final plat of
the subdivision.
"
Page 2.
City Council of Federal Way
August 18, 1994
4. We have been working with staff for two years and four months in an effort to work
out all the problems. The design has been changed many times already.
5. One council person suggested we move Lot 2 back and create an open space buffer.
We thought that was a good idea so we are revising our design by moving Lot 2 back
20 feet. There is already a buffer about 14 feet in back of the side walk that is part of
the right of way. This will make a total of 34 feet of buffer where we will place an
entrance monument on the 20 feet We will landscape the 34 foot entrance buffer and
provide for a homeowner's association to maintain the buffer. We will do the same on
the City's side of the entrance provided the City grants a 20 foot easement for the
purpose. By this action it will provide the suggested buffer and keep the brush and
blackberry bushes ITom blocking the visual problem for vehicles exiting onto South
3 12th. Our revised plan is attached,
6. We think that this plat will enhance the area, improve the existing access for property
owners, and improve the water quality entering the wetland. This project will also
provide a regional stonn water holding pond for the City, and preserve a beautiful
stand oflarge trees, expand sewer access to other properties adjacent to this location
that are currently using septic systems, There has been no opposition from the public
or other regulatory bodies to this plat
We respectfully request that you approve this plat as amended and grant us an easement
so that we can create a beautifully landscaped entrance.
Sincerely Yours,
~~
Walt Schaefer, Vice President
Ene.
c:
Mike 1110mas, City of Federal Way Planner
Touma Engineers
File
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TL 242
JAMES H. O'HARA
328 S 312TH STREET
FEDERAL WA Y. WA 98DDo3
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