Res 94-168
RESOLUTION NO.
94-168
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE PRELIMINARY PLAT OF WESTHILL,
FEDERAL WAY FILE NO. SUB93-0002
WHEREAS, the applicant, Parco Group, Ltd., applied to the
City of Federal Way for preliminary plat approval to subdivide
certain real property consisting of 1.94 acres located immediately
east of S.W. Campus Drive on 7th Way S.W. into seven (7) single
family lots ("Application"); and
WHEREAS,
pursuant to Federal Way city Code
("FWCC")
Section 20-11, the request for preliminary plat approval requires
Process III review; and
WHEREAS, a mitigated determination of non-significance
("MDNS")
was
issued
for
this
proposal
on
December
16,
1993,
pursuant
to
the
FWCC
and the
State
Environmental
Policy Act
("SEPA"), and the MDNS was not appealed; and
WHEREAS, FWCC Section 22-490(d) contains certain criteria
for the consideration of a Process III application; and
WHEREAS,
all
public
notice
having
duly
been
given
pursuant to FWCC section 22-480; and
WHEREAS, the Federal Way Land Use Hearing Examiner held
a public hearing on February 1, 1994, concerning the preliminary
plat of Westhill; and
RES #
94-168
- PAGE 1
COpy
WHEREAS, at the conclusion of said hearing the Federal
Way Land Use Hearing Examiner issued its Findings, Conclusions,
Conditions, and Recommendations on March 1, 1994; 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 FWCC section 20-113; and
WHEREAS,
this
matter
having
been
considered
by
the
Federal Way City Council Land Use/Transportation committee at its
meeting
on
March
7,
1994,
for
the
purpose
of
issuing
its
recommendation for conditional approval of the Application to the
full City council; 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 the FWCC, Chapter 58.17
RCW and all other applicable City Codes; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY. WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
section
1.
Findinqs
of
Facts.
Conditions
and
Conclusions.
The Findings, Conclusions and Recommendations of the
Federal Way Land Use Hearing Examiner issued on March 1,
1994,
following a hearing held on February 1,
1994, which included a
recommendation to approve the preliminary plat of Westhill subject
to
certain
conditions,
are
hereby
adopted
as
the
Findings,
Conclusions and Conditions of the City Council.
RES #
94-168
- PAGE 2
. ~
Section
2.
Application
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 Westhill, Federal
Way
File
No.
SUB93-0002,
is
hereby
approved
subject
to
the
conditions contained in the Recommendation of the Federal Way Land
Use Hearing Examiner Report for this matter dated March 1, 1994,
attached hereto as Exhibit A and incorporated by this reference.
section
3.
Conditions
of
Approval
Intearal.
The
conditions of approval of the preliminary plat are all integral to
each other with respect to the city Council finding that 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
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.
RES #
94-168
- PAGE 3
Section 4.
Severability.
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 5.
Ratification.
Any act consistent with the
authority and prior to the effective date of the resolution is
hereby ratified and affirmed.
section 6.
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
April
, 1994.
CITY OF FEDERAL WAY
MA~~Y~~
. SWANEY, CMC
ct~:::: '
CITY ATTORNEY, CAROLYN
A. LAKE
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 94-l68
March 29,1994
April 5,1994
K:\RESO\WESTHILL
RES #
94-168
- PAGE 4
-.
RECEIVED BY
COMMUNITY DEVELOPMENT DEPARTMENT
EXHIBIT "A"
MAR 0 I 1994
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF:
PRELIMINARY PLAT OF WESTHILL
FWHU: 94-6
FILE t: SUB-93-0002
UPR-93-00l4
SEP93-0019
I.
SUMMARY OF APPLICATION
The applicant is requesting preliminary plat approval to
divide a l.94 acre parcel into seven (7) single family residential
lots as provided for under Chapter 20, Subdivisions, Federal Way
City Code and Chapter 58.17 Revised Code of Washington (RCW). City
of Federal Way City Code sets forth 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 recommendation to the City
Council who possess final authority to grant or deny the plat
request. .
II.
PROCEDURAL INFORMATION
Hearing Date: February 1, 1994
Decision Date: March 1, 1994
At the hearing the following presented testimony and evidence:
1.
Michael Thomás, Associate Planner, City of Federal Way
33530 - lst Way South, Federal Way, WA 98003
2.
Rick Tompkins
Seattle, WA
130
Andover
Park
East,
suite
300,
3.
Henry Griffin - 4303 North Ruston Way, Tacoma, WA
4.
Jeff Sharp, Public Works Department, City of Federal Way
- 33530 1st Way South, Federal Way, WA 98003
5.
6.
At the hearing the following exhibits were admitted as part of the
official record of these proceedings:
1.
Staff Report with attachments
III.
FINDINGS
1.
The Hearing Examiner has heard testimony and taken this matter
under advisement.
2.
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 fu11 herein.
3.
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 1.94
acre parcel of property located on the south side of 7th Way
S.W. immediately east of its intersection with 336th Street
within the city limits of Federal Way. The site is a
rectangular shaped parcel of property bordered on the north by
the 7th Way S. W. right of way and on the south by the
Bonnevi1le Power Administration transmission line easement.
The extreme western portion of the site is bisected by a
drainage ditch/intermittent stream which flows into the
Panther Lake regiona1 detention facility. The stream flows
through a culvert beneath 7th Way S. W., empties onto the
applicant's parcel, and flows basica1ly in a straight line to
the south property line. Adjacent to the stream is a dirt
road which extends from 7th Way to the bank of the stream, and
then alongside the stream to the south property line.
4.
The app1icant is requesting preliminary plat approval to allow
subdivision of the site into 7 single family residential lots
with lot sizes ranging between 7,200 and 7,400 square feet.
The proposèd lots are long and narrow, extending south from
7th Way S.W. Lots 3 through 7 are the most narrow lots with
widths of 36 feet. The site is located within the RM 2400
zoning district which allows multi family dwellings. Said
zone classification also allows single family dwellings with
a minimum lot size of 5,000 square feet and five foot side
yard setbacks (Section 22.666 Federal Way City Code [FWCC]).
The applicant's building envelope on lots 3 through 7 is only
26 feet wide, but the proposed plat conforms with the bulk
requirements of the RM 2400 zoning district.
The site naturally drains into the stream, traversing the west
portion of the site. Soils on the. site are classified as
Alderwood and Everett gravelly sandy loam which are moderately
well drained. The soil is generally suitable for single
family construction. The topography of the site slopes down
from east to west with slopes reaching 40% along the eastern
7.
8.
9.
lO.
ll.
l2.
boundary. Vegetation is a mixture of second and third growth
coniferous and broad leafed trees native to the Pacific
Northwest. The applicant is required to retain 25% of the
significant trees in accordance with the FWCC. There are no
significant endangered or threatened plant or wildJ.ife species
on the site.
Surrounding development includes The Ridge, a single famiJ.y
subdivision located west of the site, and the Glen Park
Apartment Complex to the north. To the west, across Campus
Drive, is the Highlands Development, while to the south is the
King County Aquatic Center and its associated recreational
opportunities. The proposed subdivision of the site into
seven single family residential lots is compatible with
existing development.
Each lot will access directly onto 7th Way S. W. which is
approved to full street standards incJ.uding vertical curbs,
gutters and sidewalks. No further street improvements are
required. The applicant is providing open space in the nature
of a 50 foot wide tree retention area that will act as a
buffer bètween the building envelopes and the BPA easement.
Restrictive covenants will prevent tree cutting in the
retention area designated on the face of the plat. The pJ.at
reflects a 20 foot buffer between the building areas of the
lot and 7th Way S.W.
The site will generate approximately seveb p.m. peak hour
vehicle trips and 67 average daily trips. Such volume is not
sufficient to require a traffic study. Public transit is
available approximately one-quarter miJ.e from the site.
The schools serving the site are Panther Lake Elementary,
Illihee Junior High, and Federal Way Senior High. All schools
have adequate capacity to serve students residing in the plat.
The Federal Way Water and Sewer District will provide both
domestic and fire flow water to the site, and the fire
district has approved the location of fire hydrants to serve
the site.
The only issue which arose between the applicant and staff
concerned mitigating measure no. 1 contained in the MDNS.
This measure requires that the applicant widen the dirt road
alongside the stream to l2 feet, and surface it with grass
pavers or other approved surfacing material for its entire
length. The applicant objects, stating that he is already
providing a 50 foot buffer for the intermittent
stream/drainage ditch and that resurfacing and widening the
road will interfere with the buffer. The applicant also
states that grass pavers are extremely expensive for a seven
lot single family subdivision. As an alternative, the
applicant offers to provide a gravel surface over the existing
road. The City responds by stating that the plat is providing
neither detention or retention of storm water, but is directly
discharging all plat drainage into the stream. Access is
required for any storm water facility such as biofiltration
swales and detention ponds. Maintenance will also be required
for this stream to remove accumulation of trash, woody plants,
and trees that are interfering with the stream channel. The
City also indicates that plastic grass pavers are available at
approximately 25% of the cost indicated by the applicant. The
City objects to a gravel surface, as during large storm
events, the water may cover the gravel surface and wash it
away.
13.
The requirement for improving the existing road and surfacing
it with grass pavers is a mitigating measure required by the
MDNS which was issued on December l3, 1993. The MDNS became
final on December 31, 1993. The final paragraph of the MDNS
reads as follows:
Unless modified by the City, this determination will become
final following the above comment deadline [December 31,
1993]. Any person aggrieved of the City's determination may
file an appeal with the City within 14 days of the above
deadline.
The above language is consistent with Section l8.5l(a) FWCC
which states as follows:
Any interested party may appeal to the Hearing Examiner a
threshold determination, or the adequacy of a final
environmental impact statement and conditioning or denial of
an action. . .. (c) all appeals filed under this section
must be filed in writing with the City Clerk within 14
calendar days of the date of the decision appealed or the
conclusion of the comment period or completion of the giving
of required notices, whichever is longer.
The Hearing Examiner has no jurisdiction to hear an appeal of
a decision of the City of Federal Way environmental official
unless a timely appeal is filed. Therefore, the Examiner has
no authority to grant relief to the applicant. However,
following review of the issue, it is the Examiner's opinion
that it is reasonable for the city to require an access to the
stream for maintenance personnel and equipment. It is
questionable whether such access needs to be provided for the
entire length of the property and to the specifications
required by the City.
l4.
Preliminary plats are processed through Process III review
criteria as set forth in Section 22-490(d) FWCC. Findings
required on each criteria are hereby made as follows:
A.
The project is consistent with the City of Federal Way
Comprehensive Plan. Both single family and multi family
uses are allowed in the zone classification of RM 2400.
The 1990 Federal Way Comprehensive Plan designates the
area as high density residentiaL The applicant' s
proposed use is much less intense than a multi family
development and will have less impact on City services
and facilities than if developed in accordance with the
comprehensive plan and zone classification. The project
also meets numerous comprehensive plan policies which
address adequate services, zoning, transportation,
minimum areas for subdivisions, maintenance standards,
vegetation, open space and landscape buffer zones.
B.
The project is consistent with all applicable provisions
of the Federal Way Zoning Code. The site meets the lot
size, yard, lot coverage, parking and sign requirements,
as well as all other bulk regulation of the RM 2400
zoning district. The project is also consistent with the
Environmental Policy Code, Methods to Mitigate
Development Impacts Code, Federal Way Subdivision Code,
and all other applicable development codes and
regulations.
c.
The project is consistent with the public health, safety
and welfare. The applicant is proposing a substantially
less dense project than allowed by both the comprehensive
plan and the zoning. The project is consistent with
existing development in the immediate area.
l5.
The proposed subdivision is also consistent with the purposes
set forth in Section 20-2 FWCC, the design criteria and
development standards of the FWCC, other applicable ordinances
and regulations and the requirements of Chapter 58.17 RCW.
IV.
CONCLUSIONS
From the foregoing findings
following conclusions:
1.
2.
3.
the
Hearing
Examiner
makes
the
The Hearing Examiner has jurisdiction to consider and decide
the issues presented by this request.
The proposed preliminary plat of Westhill satisfies the
Process III decisional criteria set forth in Section 22-490(b)
FWCC as well as the criteria set forth for subdivision review
in Section 20-2 FWCC. The site likewise meets the design
criteria and development standards set forth in Sections 20-
151 through 20-157 and 20-178 through 20-178 FWCC, as well as
other applicable ordinances and regulations of the City.
The propoßed preliminary plat makes adequate provisions for
the public health, safety and general welfare, for open
spaces, drainage ways, streets, alleys, other public ways,
water supply, sanitary waste, fire protection, parks,
playgrounds, and schools. The proposed plat will serve the
public use and interest by providing an attractive location
for a single family residential subdivision in close proximity
to recreational opportunities in a growing area of the City.
Therefore, the proposed preliminary plat of Westhill should be
approved subject to the mitigating measures set forth in the
MDNS.
RECOMMENDATION:
It is hereby recommended to the City Council of the City of
Federal Way that the proposed preliminary plat of Westhill be
approved subject to the mitigating measures set forth in the
Mitigated Determination of Nonsignificance.
:Lä :rch' "".
Hearing Examiner
VI.
RIGHTS TO RECONSIDERATION AND CHALLENGE
Any person who has a right to challenge a recommendation under the
Federa~ Way Zoning Code may request the Hearing Examiner to
recons~der any aspect of his or her recommendation by delivering a
w:it~en request for reconsideration to the Planning Department
w~th~n 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. wi thin ten ( 10) working days after
receiving a request 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 l55.60.6. 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 Hearing Examiner may be
challenged whether or not there was a request to reconsider the
Hearing Examiner's recommendation.