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Res 94-193' � � � RESOLUTION NO. 94-193 24 requiring a fee-in-lieu of park dedi�ation to be paid by M& T Joint Venture ("Applicant"); and WHEREAS, the Applicant filed a Process III application to convert approximately 15,120 square feet of Tract A, a 1.4 acre open space trac� located in the preliminary plat of Dash Pointe to a single family building lot ("Application"). The Applicant proposed that the remaining 1.1 acre of Tract A would be combined with Tract B, the adjacent Native Growth Protection Easement ("NGPE"), thereby increasing the size of the NGPE; and WHEREAS, pursuant to Federal Way City Code ("FWCC") 20-113, plat without additional public hearings; and � WHEREAS, the Applicant�s request to create an additional single-family building lot constitutes a major modification . pursuant to FWCC 20-113(e) because it increases the residential A RESOLUTION OF.THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, MODIFYING THE PRELIMINARY PLAT OF DASH POINTE, KING COUNTY BUILDING AND LAND DEVELOPMENT FILE NO. 689-21 AND FEDERAL WAY FILE NO. ILA 90-P11 (AMENDS RESOLUTION NO. 90-26). WHEREAS, on May 15, 1990, the Preliminary P1at of Dash Pointe, King County Building and Land Development File No. 689-21 and Federa�l Way File No. ILA 90-P11, was approved by Federal Way Resolution No. 90-26; subject to conditions, including Condition only minor modifications may be made to an approved preliminary Res . # 94-193 , page 1 ORiG1N�L • � i density of the plat, relocates an access to an exterior street of the plat and results in a reduction of open space; and WHEREAS, a major modification to a plat may only be approved pursuant to Process III; and WHEREAS, all public notices having duly been given pursuant to FWCC 22-480; and WHEREAS, pursuant to FWCC 22-482, the Federal Way Land Use Hearing Examiner held`a public hearing on the application on September 27, 1994; and WHEREAS, at the conclusion of said .hearing,.the Federal Way Land Use Examiner issued its Findings, Conclusions and Recommendation with Conditions on October 11, 1994; 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 490(d) contains the decisional criteria for the . Federal Way City Council's consideration of a Process III application; and WHEREAS, this matter having been considered by the Federal Way : City Council Land Use/Transportation Committee at its meeting on , October 17, 1994; and WHEREAS, the City Council having considered the written record and the Recommendation of the Hearing Examiner, pursuant to RWCC 22-490 on this date; NOW, THEREFORE, Res.# Page 2 � � THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1 Findings of Fact Conclusions and Decision. The Findings of Fact and Conclusions of Law contained in the Recommendation of the Federal Way Land Use Hearing Examiner issued on October 11, 1994, following a public hearing held on September 27, 1994, is attached hereto as Exhibit "A" and incorporated by this reference ("Recommendation"). The Recommendation includes findings that the decisional criteria contained in the FWCC have been satisfied as the Application is consistent with the Federal Way Comprehensive Plan and all applicable provisions of the FWCC and consistent with the public health, safety and welfare. The . Recommendation includes the Hearing Examiner's recommendation to approve the Application for modification to the preliminary plat of Dash Pointe, subject to certain conditions as set forth in the Recommendation. The Recommendation is hereby adopted as the Findings of Fact and Conclusions of Law of the Federal Wa� City Council. Section 2 Approval of Modification to Preliminary Plat. 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, the Application for modification to the Preliminary Plat of Dash Pointe, Federal Way File No. UPR 92-OD22, Federal Way Hearing Examiner No. 94-11, is hereby approved subject to the conditions contained in the Recommendation and subject to the condition proposed by the Applicant as follows: Res . #94-193, Page 3 � � The remainder of Tract A shall be designated on the face of the plat as a Native Growth Protection Easement ("NGPE"), with the provision that if the area is not required for wetland enhancement that it may be developed and maintained by the Dash Pointe Homeowners' Association for private recreational use subject to the homeowners obtaining all necessary permits and approvals from the City. This NGPE designation shall not modify the Applicant's obligation to pay a fee in lieu of park dedication contained in the conditions of the Recommendation. Section 3. Preliminary P1at Approval. Except as otherwise expressly amended by Sections 1 and 2 of this Resolution, all other conditions and requirements of preliminary plat approval set forth in Federal Way Resolution No. 90-26 remain in full force and effect. Section 4 Conditions of At�proval Intearal. 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 Res . # 94-193 Page 4 � � applicable City ordinances, rules and regulations and forward such recommendation to the City Council for further action. 3ection 5. 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 constitutionaTity of any other section, sentence, clause or phrase of this resolution. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. : Seetion 7. 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 ZOth day oF December , 1994. CITY OF FEDERAL WAY MAYO , Y E. GATES 3T/ �.� � Res.# page 5 , CMC . • � � APPROVED AS TO FORM: ITY K. LINDELL ' FILED WITH THE CITY CLERK: December 13, 1994 PASSED BY THE CITY COUNCIL: December 20, 1994 RESOLUTION NO. 94-193 K:\RESO\DASNPT.MOD 12-27-94 , F . , �. Res . � 94�193, Page 6 • • ffiIBIT A CITY OF FEDERAL WAY. OFFICE OF THE HEARING EXAMINER� IN THE MATTER OF• ) ) MODIFICATION TO APPROVED ) PRELIMINARY PLAT OF ) DASH POINTE ) ) FWHE#: UPR92-0022 � I. STJbIlKARY OF APPLICATION M& T Joint Venture request�s Process III approval to convert approximately 15,120 square feet of Tract A, a 1.4 acre open space tract.located in the preliminary plat of Dash Pointe to a single family building lot . The remaining 1.1 acre :of Tract A would � be combined with Tract B, the adjacent Nat�.ve Growth Protection Easement (NGPE), the�eby increasing the size of the NGPE.(Exhibit A). In order to require the least amount of grading, and to resuZt in adequate �sight distance for a driveway along Hoyt Road, the. highest portion of area within Tract A has been proposed to locate the new lot . �i�Iater will be provided by the City of Tacoma and sewage disposal will be by septic system. I. I II. PROCEDURAL INFORMATION Hearing Date: September 27, 1994 � Decision D�te: October 11, 1�994� . At the hearing the following presented testimony and evidence: , . 1. Margaret Clark, City of Federal Way Planner, 33530 lst Way South, Federal Way, WA 98003 2. James Jaeger, 9419 S. 204th Place, Kent, WA 98031 � � 3. Mrs. Robert Stiers, 33225 43rd Ave. SW, Federal Way, WA I 98003 . � , At the hearing the following exhibits were admitted as part of the .• ! official record of these prQceedings: •• 1. Staf f Report wi,th` all �attachments , - � . � � ' . , 1. ' �� _. � , . � ' City of Federal Way - �FWHE File #UPR92-0022 Page - 2 � Exhibit A 2 Pro osed Plat Modification (` a es) P P g Exhibit B Vicinity Map Exhibit C 42-Lot Preliminary Plat Presented to the King County Zoning and Subdivision Examiner Exhibit D King County Zoning and Subdiv�.sion Examiner's Conditions of Preliminary Plat Approval Exhibit E Resolution No. 90 Exhibit F 36-Lot Preliminary Plat Approved by City of Federal Way Exhibit G Approved Engineering Plan (35 Lots) Exhibit H Memorandum from City of Federal Way Legal Department . Exhibit I Memorandum from Pac-Tech Engineering, Inc. � Exhibit J King County Certificate of Water � Availability 2. Letter. from Scott and �Mary Taylor dated September,26, 1994 III. FINDINGS 1. The Hearing Examirier has heard testimony, viewed the property and surrounding area, admitted documentary evidence into the: record, 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 l and incorporated in _ this report by reference as though set forth in full herein. � 3. Al1 appropriate notices were delive�ed in.accordance with the requirements of the Federal Way Zoning Code. � 4. �he applicant is the owner and developer of .the Dash Pointe preliminary plat which is loc.ated an the southwest side of Hoyt Road SW and bor�lers Pierce County on its southwe8t property line. The preliminary plat was originally submitted to King,County on.November.l7, 19�8, as a 66 1ot subdivision.:. � containing 30.7 acres. Following environmental review, 'the � City of Federal Way FWHE File #UPR92-0022 Page - 3 � � J King County Hearing Examiner recommended approval to the King County Council for a 42 lot subdivision. The King County Council deferred consideration of the plat to the City.of Federal Way which subsequently considered t�e subdivision in accordance with King County ordinances. The Federal Way City Council approved the preliminary plat for 36 single .family residential lots. Due to steep slopes, a creek, a wetland and wetland buffers, the applicant eliminated a cul-de-sac and one lot which reduced the subdivision to 35 lots. 5. A condition of the original decision approving the preliminary plat required the applicant to either dedicate open space or pay a parks fee in lieu, of such dedication. The applicant proposed to dedicate Tract A as open space_'in lieu of paying a parks fee. The City Council did not accept the applicant's proposed open space (Tract A), but required the applieant to pay the parks fee. The applicant agreed to pay the parks fee but never removed Tract A from the plat. Tract A is�presently shown on the plat but is not designated for a particular use, and is not required by conditions of preliminary plat approval to be retained as open space. The applicant is now requesting that the plat be amended to allow creation of a 15,1,20.square foot single family residential lot to be located in Tract A with access onto Hoyt Road. The applicant is futhe� proposing to dedicate the balance of Tract A as open space and wetland buffer and combine it with Tract B. Tract B contains open space wetlands buffer and is designated as a Native Growth � Protection Easement. 6. If the amendment is approved, the applicant will recover the lot lost to the steep slopes, while the City will gain an additional 1.1 acres of permanent open space. 7. Section 20-113(E) of the Federal Way City Code (FWCC) requires a Process III approval because the proposed plat amendment � will result in the �elocation of an access point to an exterior street (an additional driveway onto Hoyt Road), and will result in the loss of open space reflected on the plat map even though such open spaee is not required. Furthermore, the request authorizes a building lot in an area not previously proposed for development. � � 8. The lot is proposed for location at the only flat area. adjacent to Hoyt Road. Slopes in other areas of Trac�:A are as great as 20 percent. Concerns were raised regarding flooding problems from water running onto the site from 8t.. Teresa Lane. However,,the lot is located 120 feet from the intersection of Hoyt Road and St. Teresa Lane and there should be no impact�from storm water run-off. � . . City of Federal Way FWHE File #UPR92-0022 Page - 4 � 9. Mitigating measures set forth in the Mitigated Determination of Nonsignificance issued by King County on May 2, 1989, require a 50 foot wetland buffer with an additional 15 foot building setback to protect the wetland associated with Joe's Creek. Furthermore, the King County Health Department requires a 100 foot setback from the ordinary high water mark of Joe's Creek for septic drainfields The lot does not encroacYi into the wetland buffer and has a sufficient building envelope ta meet or exceed all setback requirements. 10. The Hoyt Road area is rapidly urbanizing with uses consisting of single family subdivisions in both the City and in Pierce County. The lot access onto Hoyt Road has adequate sight distance, and a condition of plat approval requires that the applicant improve the half of Hoyt Road adjacent to the plat to City standards. 11. King County Fire Protection District No. 39 has adequate fire protection and emergency services to serve�the new home, and water will be provided by the City o€ Tacoma. Prior to obtaining a building permit, the applicant must establish that the lot is of sufficient size and has suf€icient soils to meet all Health Department xequirements for on-site septic disposal. The applicant testified that the Health Department has approved the proposed on-site system. Storm drainage generated by the site will be .directed �to an on-site � infiltration system prior to discharge into the wetland buffer. 12. Section 22 FWCC states that under the Process III procedure, the Hearing Examine� holds a public hearing and makes a written recommendation to the City Council which will then decide uponthe requested plat amendment.. Section 22-484 FWCC provides that the applicant has the burden of proof of showing that the proposed plat amendment meets the decisional criteria set forth in Section 22-490(d) FWCC. Findings on each criteria are hereby made as follows: A. The proposed plat amendment is consistent with the applicable comprehensive p1an. The plat of Dash Pointe . was approved and is vested under the 1985 King County Comprehensive Plan and the 1986 Federal Way Community Plan. The King County Plan designated the site as Urban _ while the Federal Way Community Plan designated the site � as single family reeidential with three to four homes per acre as the contemplated density.• The present Federal Way . Comprehensive Plan designates the site as Suburban ,Residential which a�ticipaties a density of four to six � dwelling units per acre. The proposal for an additional���; single family home on a 15,000 square foot lot complies�'��'' . � ,. . - � City of Federal Way FWHE File ##UPR92-0022 Page - 5 � with the policies and densities of all three comprehensive plans. B. The proposed plat .amendment is consistent with all applicable provisions of the FWCC including those adopted by reference by the comprehensive plan. The zoning in effect in King County when the preliminary plat application was submitted and the present City of Federal Way zoning requires a minimum lot size of 9,600 square feet. The applicant's lot size of 15,120 square feet significantly exceeds the minimum lo� size requirements of the RS 9.6 zone classification. C. The proposed plat amendment is consistent with the public health, safety, and welfare; and makes appropriate provision for storm drainage, traffic safety, fire proteation, domestic water and fire flow, and the safe � disposal of septic effluent. Furthermore, the City has or will receive a payment in lieu of the provision of open space and will receive an additional 1,1 acres of open - space which wil.l be placed into a Native Growth Protection Easement and cannot be furthe� subdivided. IV. CONCLUSIONS Frqm the foregoing findings the Hearing Examiner ,makes the following conclusions: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this reguest. 2. The proposed amendment to the preliminary plat of Dash Pointe satisfies the decisional criteria set forth in Section 22-490 of the Federal Way City Code. Therefore, the City Council of the City of Federal Way should approve the plat amendment subject to the following conditions; � A. Health Department approval� shall be obtained for the single family residence.. The on-site septic drainfield shall be located outside of the 50-foot wetland buffer � and 15-foot building setback area. B. This lot shall be incorporated as Lot 3 6 of the f inal plat of Dash Pointe. All pertinent conditions •of the preliminary plat approval for Dash Pointe shall apply to this lot. C. �The final plat of�Dash Pointe shall note the requirement. for on-site storm drainage infiltration system for.this� lot. � . , . . _ . • . • - , City of Federal Way FWHE File #UPR92-0022 Pa e - 6 g D. The applicant shall place the portion of the property designated as Tract A which is not a part of the newly created lot into Tract B as part of the open space wetlands buffer and designated as a Natural Growth Protection Easement. RECOMMENDATION: It is hereby recommended to the City of Federal Way City Council that the modification to the preliminary plat of Dash Pointie be approved subject to the conditions contained in the conclusions above. , DATED THIS .���DAY OF October, 199 .. . . � _� �; � ; �,-�- S EN . CAUSSEAUX, �7R Hearing Examiner . � , � • 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. � : Zon�ng 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 fourCeen (14) calendar days after the issuance of the Fiearing Examiner's recommendation or, if a request for reconsideration is filed., then within fourteen (I4) calendar days of either the recommendation of the Hearing Examiner d�nying 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 fil%ng 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 Federal Way City Council. . � RESOLUTION NO. 94-l93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, MODIFYING THE PRELIMINARY PLAT OF DASH POINTE, KING COUNTY BUILDING AND LAND DEVELOPMENT FILE NO. 689-21 AND FEDERAL WAY FILE NO. ILA 90-P11 (AMENDS RESOLUTION NO. 90-26). WHEREAS, on May 15,1990, the Preliminary Plat of Dash pointe, King County Building and Land Development File No. 689-21 and Federal Way File No. ILA 90-P11, was approved by Federal Way Resolution No. 90-26, subject to conditions, including Condition 24 requiring a fee-in-lieu of park dedication to be paid by M & T Joint Venture ("Applicant"); and WHEREAS, the Applicant filed a Process III application to convert approximately 15,120 square feet of Tract A, a 1.4 acre open space tract located in the preliminary plat of Dash Pointe to a single family building lot ("Application"). The Applicant proposed that the remaining 1.l acre of Tract A would be combined wi th Tract B, the adjacent Native Growth Protection Easement ("NGPE"), thereby increasing the size of the NGPE; and WHEREAS, pursuant to Federal Way city Code ("FWCC") 20-113, only minor modifications may be made to an approved preliminary plat without additional public hearings; and WHEREAS, the Applicant's request to create an additional single-family building lot constitutes a major modification pursuant to FWCC 20-113(e) because it increases the residential Res.#94-193, Page 1 COpy density of the plat, relocates an access to an exterior street of the plat and results in a reducti~n of open space; and WHEREAS, a major modification to a plat may only be approved pursuant to Process III; and WHEREAS, all public notices having duly been given pursuant to FWCC 22-480; and WHEREAS, pursuant to FWCC 22-482, the Federal Way Land Use Hearing Examiner held a public hearing on the application on September 27, 1994; and WHEREAS, at the conclusion of said hearing, the Federal Way Land Use Examiner issued its Findings, Conclusions and Recommendation with Conditions on October 11, 1994; 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 490(d) contains the decisional criteria for the Federal Way City Council's consideration of a Process III application; and WHEREAS, this matter having bëen considered by the Federal Way City Council Land Use/Transportation Committee at its meeting on October 17, 1994; and WHEREAS, the city Council having considered the written record and the Recommendation of the Hearing Examiner, pursuant to FWCC 22-490 on this date; NOW, THEREFORE, Res.#94-l93, Page 2 THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: section 1. Findinqs of Fact. Conclusions and Decision. The Findings of Fact and Conclusions of Law contained in the Recommendation of the Federal Way Land Use Hearing Examiner issued on October 11, 1994, following a public hearing held on September 27, 1994, is attached hereto as Exhibit "A" and incorporated by this reference ("Recommendation") . The Recommendation includes findings that the decisional criteria contained in the FWCC have been satisfied as the Application is consistent with the Federal Way Comprehensive Plan and all applicable provisions of. the FWCC and consistent with the public health, safety and welfare. The Recommendation includes the Hearing Examiner's recommendation to approve the Application for modification to the preliminary plat of Dash Pointe, subject to certain conditions as set forth in the Recommendation. The Recommendation is hereby adopted as the Findings of Fact and Conclusions of Law of the Federal Way City Council. section 2 . Approval of Modification to preliminarv Plat. 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, the Application for modification to the Preliminary Plat of Dash Pointe, Federal Way File No. UPR 92-0022, Federal Way Hearing Examiner No. 94-11, is hereby approved subject' to the conditions contained in the Recommendation and subject to the condition proposed by the Applicant as follows: Res.#~, Page 3 The remainder of Tract A shall be designated on the face of the plat as a Native Growth Protection Easement ("NGPE") , with the provision that if the area is not required for wetland enhancement that it may be developed and maintained by the Dash pointe Homeowners' Association for private recreational use subject to the homeowners obtaining all necessary permits and approvals from the city. This NGPE designation shall not modify the Applicant's obligation to pay a fee in lieu of park dedication contained in the conditions of the Recommendation. section 3. Preliminary Plat Approval. Except as otherwise expressly amended by sections 1 and 2 of this Resolution, all other conditions and requirements of preliminary plat approval set forth in Federal Way Resolution No. 90-26 remain in full force and effect. section 4. Conditions of Approval 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 Res. # 94-l9J, Page 4 applicable City ordinances, rules and regulations and forward such recommendation to the City Council for further action. section 5. 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 6. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. section 7. 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 20th day of December , 1994. CITY OF FEDERAL WAY MA~~~.~ . SWANEY, CMC Res. #94-193, Page 5 APPROVED AS TO FORM: ~~LL. FILED WITH THE CITY CLERK: December 13, 1994 PASSED BY THE CITY COUNCIL: December 20, 1994 RESOLUTION NO. 94-193 K:\RESO\DASHPT .MOO T2-27-94 ReS.#94~193, Page 6 EXHIBIT A CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: MODIFICATION TO APPROVED PRELIMINARY PLAT OF DASH POINTE FWHE#: UPR92-0022 I. SUMMARY OF APPLICATION M & T Joint Venture requests Process III approval to convert approximately 15,120 square feet of Tract A, a 1.4 acre open space tract located in the preliminary plat of Dash Pointe to a single family building lot. The remaining 1.1 acre of Tract A would be combined with Tract B, the adjacent Native Growth Protection Easement (NGPE), thereby increasing the size of the NGPE. (Exhibit A). In order to require the least amount of grading, and to result in adequate 'sight distance for a driveway along Hoyt Road, the highest portion of area within Tract A has been proposed to locate the new lot. Water will be provided by the City of Tacoma and sewage disposal will be by septic system. II. PROCEDURAL INFORMATION Hearing Date: September 27, 1994 Decision Date: October 11, 1994 At the hearing the following presented testimony and evidence: 1. Margaret Clark, City of Federal Way Planner, 33530 1st Way South, Federal Way, WA 98003 2. James Jaeger, 9419 S. 204th Place, Kent, WA 98031 3. Mrs. Robert Stiers, 33225 43rd Ave. SW, Federal Way, WA 98003 At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. Staff Report with all 'attachments. co Pf" I 4. City of Federal Way 'FWHE File #UPR92-0022 Page - 2 Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J 2. Proposed Plat Modification (2 pages) Vicinity Map 42-Lot Preliminary Plat Presented to the King County Zoning and Subdivision Examiner King County Zoning and Subdivision Examiner's Conditions of Preliminary Plat Approval Resolution No. 90-26 36-Lot Preliminary Plat Approved by City of Federal Way Approved Engineering Plan (35 Lots) Memorandum from City of Federal Way Legal Department Memorandum Inc. from Pac-Tech Engineering, King County Availability Certificate of Water Letter from Scott and Mary Taylor dated September 26, 1994 III. FINDINGS The Hearing Examiner has heard testimony, viewed the property and surrounding area, admitted documentary evidence into the record, and taken this matter under advisement. 1. 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. 2. 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way Zoning Code. ~he applicant is ~he owner and developer of ,the Dash Pointe preliminary plat which is located on the southwest side of Hoyt Road SW' and borç.ers Pierce County on its southwest property line. The preliminary plat was originally submitted to K:i.ngCounty on, November- 17,1988, af a 66 lot subdivi,sion" 'containing 3 0 . 7 ' 'acres. Following environmental review, the 6. 7. 8. City of Federal Way FWHE File #UPR92-0022 Page - 3 King County Hearing Examiner recommended approval to the King County Council for a 42 lot subdivision. The King County Council deferred consideration of the plat to the City of Federal Way which subsequently considered the subdivision in accordance with King County ordinances. The Federal Way City Council approved the preliminary plat for 36 single family residential lots. Due to steep slopes, a creek, a wetland and wetland buffers, the applicant eliminated a cul-de-sac and one lot which reduced the subdivision to 35 lots. 5. A condition of the original decision approving the preliminary plat required the applicant to either dedicate open space or pay a parks fee in lieu, of such dedication. The applicant proposed to dedicate Tract A as open space ~n lieu of paying a parks fee. The City Council did not accept the applicant's proposed open space (Tract A), but required the applicant to pay the parks fee. The applicant agreed to pay the parks fee but never removed Tract A from the plat. Tract A is presently shown on the plat but is not designated for a particular use, and is not required by conditions of preliminary plat approval to be retained as open space. The applicant is now requesting that the plat be amended to allow creation of a 15,120 square foot single family residential lot to be located in Tract A with access onto Hoyt Road. The applicant is futher proposing to dedicate the .balance of Tract A as open space and wetland buffer and combine it with Tract B. Tract B contains open space wetlands buffer and is designated as a Native Growth Protection Easement. If the a~endment is approved, the applicant will recover the lot lost to the steep slopes, while the City will gain an additional 1.1 acres of permanent open space. Section 20-113 (E) of the Federal Way City Code (FWCC) requires a Process III approval because the proposed plat amendment will result in the relocation of an access point to an exterior street (an additional driveway onto Hoyt Road), and will result in the loss of open space reflected on the plat map even though such open space is not required. Furthermore, the request authorizes a building lot in an area not previously proposed for development. ' The lot is proposed for location at the only flat area adjacent to Hoyt Road. Slopes in other areas of Tract,A are as great as 20 percent. Concerns were raised regarding flooding problems from water running onto the site from St. Teresa Lane. However,. the lot is located l20 feet from the intersection of Hoyt Road and St. Teresa Lane and there should be no impact from storm water run-off. ' City of Federal Way FWHE File #UPR92-0022 Page - 4 9. 10. 11. 12. Mitigating measures set forth in the Mitigated Determination of Nonsignificance issued by King County on May 2, 1989, require a 50 foot wetland buffer with an additional lS foot building setback to protect the wetland associated with Joe's Creek. Furthermore, the King County Health Department requires a 100 foot setback from the ordinary high water mark of Joe's Creek for septic drainfields The lot does not encroach into the wetland buffer and has a sufficient building envelope to meet or exceed all setback requirements. The Hoyt Road area is rapidly urbanizing with uses consisting of single family subdivisions in both the City and in pierce County. The lot access onto Hoyt Road has adequate sight distance, and a condition of plat approval requires that the applicant improve the half of Hoyt Road adjacent to the plat to City standards. King County Fire Protection District No. 39 has adequate fire protection and emergency services to serve the new home, and water will be provided by the City of Tacoma. Prior to obtaining a building permit, the applicant must establish that the lot is of sufficient size and has sufficient soils to meet all Health Department requirements for on-site septic disposal. The applicant testified that the Health Department has approved the proposed on-site system. Storm drainage generated by the site will be directed to an on-site infiltration system prior to discharge into the wetland buffer. Section 22-476 FWÇC states that under the Process III procedure, the Hearing Examiner holds a public hearing and makes a written recommendation to the City Council which will then decide upon the requested plat amendment. Section 22 -484 FWCC provides that the applicant has the burden of-proof of showing that the proposed plat amendment meets the decisional criteria set forth in Section 22-490(d) FWCC. Findings on each criteria are hereby made as follows: A. The proposed plat amendment is consistent with the applicable comprehensive plan. The plat of Dash Pointe was approved and is vested under the 1985 King County Comprehensive Plan and the 1986 Federal Way Community Plan. The King County Plan designated the site as Urban while the Federal Way Community Plan designated the site as single family residential with three to four homes per acre as the contemplated densíty.. The present Federal Way, Comprehensive Plan designates the site as Suburban ,Residential which anticipates a density of four to si~, dwelling units per acre. The proposal for an additional,~';;;;¡', single family home on a 15,000 square foot lot complies"':,.' City of Federal Way FWHE File #UPR92-0022 Page - 5 with the policies comprehensive plans. and densities of all three B. The proposed plat amendment is consistent with all applicable provisions of the FWCC including those adopted by reference by the comprehensive plan. The zoning in effect in King County when the preliminary plat application was submitted and the present City of Federal Way zoning requires a minimum lot size of 9,600 square feet. The applicant's lot size of 15,120 square feet significantly exceeds the minimum lot size requirements of the RS 9.6 zone classification. C. The proposed plat amendment is consistent with the public health, safety, and welfare; and makes appropriate provision for storm drainage, traffic safety, fire protection, domestic water and fire flow, and the safe disposal of septic effluent. Furthermore, the City has or will receive a payment in lieu of the provision of open space and will receive an additional 1,1 acres of open space which will be placed into a Native Growth Protection Easement and cannot be further subdivided. IV. CONCLUSIONS From the foregoing findings following conclusions: the Hearing Examiner makes the 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. The proposed amendment to the preliminary plat of Dash Pointe satisfies the decisional criteria set forth in Section 22-490 of the Federal Way City Code. Therefore, the City Council of the City of Federal Way should approve the plat amendment subject to the following conditions: ' 2. A. B. C. Health Department approval' shall be òbtained for the single family residence. The on-site septic drainfield shall be located outside of the 50-foot wetland buffer and lS-foot building setback area. This lot shall be incorporated as Lot 36 of the final plat of Dash pointe. All pertinent conditions ,of the preliminary plat approval for Dash Pointe shall apply to this lot. The final plat of Dash Pointe shall note the requirement for on-site storm drainage infiltration system for, this lot. City of Federal Way FWHE File #UPR92-0022 Page - 6 D. The applicant shall place the portion of the property designated as Tract A which is not a part of the newly created lot into Tract B as part of the open space wetlands buffer and designated as a Natural Growth Protection Easement. RECOMMENDATION: It is hereby recommended to the City of Federal Way City Council that the modification to the preliminary plat of Dash Pointe be approved subject to the conditions contained in the conclusions above. DATED THIS I ¡ß-DAY OF 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 (la) 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 Federål 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 of 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 :t;"equest 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 Federal Way City Council.