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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 , '., - - ~'+r~T':,o>.f~ ! ;:::~:.:, .J;' . . . ...... \ \ ' -(r - "-'.'-,'," , ~ ,"õ' ---- -- t I I' ~ I , r--"\ I III) ;1: : 1L~'J - 1 I ! ¡.::: , L__J 1 1 ~ ::J :: '\: I ::"-.. () !.v.-" : I I:: V) \~~=~hJ I Ii ¡ ~ f- -.- :'1' ~'" I I 0 0::: ~ 1::1\::::) ! 0 I I" () f- ~---~ I¡¡'~ ~ . )I,< II' c!¡ Q:: 8 I:: ~ I<) ~ : " ,"t\ .. ¡ " - ,- [!J ¡ j \ V ~ . õ. ! , Õ I ¡ "*"! 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