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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.