Res 94-193' �
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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
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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
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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
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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
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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/ �.�
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Res.# page 5
, CMC
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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
,
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Res . � 94�193, Page 6
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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.
' �� _.
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' 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
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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
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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
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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. � .
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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 .. .
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S EN . CAUSSEAUX, �7R
Hearing Examiner
. � ,
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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.