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Res 97-252 RESOLUTION NO. 97-252 A RESOLUTION 01' THE CITY COUNCIL 01' THE CITY 01' I'EDERAL WAY, WASHINGTON, APPROVING WITH CONDI'.I!J:ONS THE PRELIMXNARY PLAT 01' GRANVXLLB PLACE, FEDERAL WAY FILE NO SUB-96-0001 WHEREAS, the applicants, Bob Woodford and Jerry Holm, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property consisting of 2.09 acres into seven (7) single family residential lots located between SW 30th and 35th Avenues SW, approximately 220 feet to the south of SW 344th street with access from SW 346th Place, if extended; and WHEREAS, the Federal Way Land Use Hearing Examiner held a public hearing on April, 1, 1997 concerning the preliminary plat of Granville Place; and WHEREAS, at the conclusion of said hearing the Federal Way Land Use Hearing Examiner issued its Recommendation on April 21, 1997 containing findings, conditions and conclusions; 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 application and the conditions of said preliminary plat pursuant to section 20-113 of the Federal Way city Code; and WHEREAS, the city Council having considered the written record and Recommendation of the Hearing Examiner, pursuant to Chapter 20 Res. # 97-252, Page 1 tCO[f2>V of Federal way city Code, 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. Findinas of Facts. Conditions and Conclusions. The Recommendation of the Federal Way Land Use Hearing Examiner issued on April 21, 1997, containing the Hearing Examiner's findings, conditions and conclusions, following a public hearing on April 1, 1997., to approve the preliminary plat of Granville Place subject to certain conditions, is hereby adopted as the findings, conclusions and conditions of the city Council. section 2. Application Approval. Based upon the Recommendation of the Federal Way Land Use Hearing Examiner and the findings, conditions and conclusions contained therein, as adopted by reference by the city Council set forth above, the preliminary plat of Granville Place, Federal Way File No. SUB-96-0001, is hereby approved subject to the conditions contained in the Recommendation of the Federal Way Land Use Hearing Examiner dated April 21, 1997 attached hereto as Exhibit A and incorporated by this reference. section 3. Conditions of ADproval 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 Res. #~, Page 2 event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner 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 city ordinances, rules and regulations and forward suçh recommendation to the City Council for further action. 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 ze) DAY OF ,)1a(~ ,1997 CITY OF FEDERAL WAY ~ J. ~¿Ÿ- YOR, MARLON S. PRIEST Res. #~ Page 3 ATTEST: APPROVED AS TO FORM: , -.?-;;"~,,^ ,---,'----'-~, CITY .-YI'~~NDI .K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 04-29-97 05-20-97 97-252 Res. # 97-252, Page 4 ( ( RECEIVED APR 2:1 í997 CITY CLERKS OFFICE Cil V OF FEDERAL WAY CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: FWHE# 97-5 PRELIMINARY PLAT OF GRANVILLE PLACE PROCESS III I. SUMMARY OF APPLICATION The applicant proposes to subdivide two parcels of land into seven lots, each having a minimum of 7,200 square feet. One òf the subject parcels contains an existing single family residence and the other parcel is undeveloped. II. PROCEDURAL INFORMATION Hearing Date: Decision Date: April 1,1997 April 21, 1997 At the hearing the following presented testimony and evidence: 1. Lori Michaelson, Senior Planner, City of Federal Way 2. Granville Horn, Apex Engineering 3. Pam Glaser, 3118 SW 346'h Place, Federal Way, WA 98023 4. Gary Barnettt, Senior Development Engineer, City of Federal Way At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. Staff Report with all attachments III. FINDINGS 1. The Hearing Examiner has heard testimóny, admitted documentary evidence into the record, and taken this matter under advisement. 2. The Community Development Staff Report sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit" 1" and incorporated in its entirety by this reference. EXHIBIT -y;. /1 ( ( PRELIMINARY PLAT OF GRANVILLE PLACE April2l,1997 Page - 2 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC). 4. The applicant has a possessory ownership interest in a 2.09 acre, trapezoidal shaped parcel of property located at the terminus ofSW 346th Place, south ofSW 344th St. within the City of Federal Way. The parcel, bordered on the south by property within Pierce County, is improved with a single family residential dwelling and accessory structure on the northern portion. The applicant is requesting preliminary plat approval to allow subdivision of the parcel into seven single family residential lots. The preliminary plat shows that access to the site will be provided by extending SW 346th Place through the southern portion of plat. Six lots are proposed for the south portion of the plat and a temporary cul-de-sac is proposed between lots five and six at approximately the center of the parcel. A storm detention tract separates lot six from lot seven which abuts the north property line and is improved with the existing structures which will remain. Lot seven will continue to use the existing access onto SW 344'h Street. 5. SW 346th Place presently terminates in a temporary cul-de-sac at the parcel's east property line. The applicant will remove the asphalt from the cul-de-sac portion of the road, return said area to grass, and remove the temporary cul-de-sac easement from the title of the subservient estates. 6. The east property line is bordered by the Southhampton Court subdivision and the south property line is bordered by the Stonegate Division II subdivision located in Pierce County. The north and west property lines are bordered by single family residential dwellings on larger lots. . 7. The site is located within the Single Family Residential-High Density designation of the Federal Way Comprehensive Plan and is located within the Single Family Residential (RS- 7.2) zone classification of the FWCC. The RS-7.2 classification authorizes single family detached dwelling units on minimum 7,200 square foot lot sizes. The proposed minimum lot size is 7,200 square feet and the maximum lot size is 10,320 square feet. The proposed lot size and density are consistent with abutting and nearby platted properties within both the City and Pierce County. 8. The storm drainage improvements must comply with all applicable Core and special requirements outlined in the King County Surface Water Design Manual including surface water detention, biofiltration, and oil/water separation. The applicant submitted a Level I downstream analysis which has been reviewed by the City Public Works Department. The storm water system is designed to collect storm water in the detention tract between lots six and seven, and then releasing the water to a biofiltration swale for conveyance to the north . to an existing outfall point in SW 344'" St. ~ . ~. PRELIMINARY PLAT OF GRANVILLE PLACE April21,l997 Page - 3 9. The soils consist of Alderwood gravelly, sandy loam which is moderately well drained, capable of adequate compaction, and able to support the proposed development. The site is mostly flat with an average slope of three percent. On site vegetation consists of domestic shrubs and grasses, alder, blackberry, and other native species. Four significant trees are on site, all of which will be lost. The applicant must obtain approval of a landscape plan and comply with the significant tree ordinance. No threatened or endangered species are known or excepted to inhabit the site. Replacement of the significant trees and incorporation of street trees, buffering, open space, and landscaping will assist the small birds and animals currently on the site. The project}s not located within a sensitive area or 100 year floodplain. 10. The applicant will install full street improvements for the extension of SW 346th Place from the present temporary cul-de-sac to the new temporary cul-de-sac, and half street improvements north of said point. Full street improvements include 28 feet of pavement, vertical curbs, gutters, sidewalks, and street trees within a 56 foot wide right-of-way. The half street improvements will include 20 feet of pavement, curb, gutter, sidewalk, and street trees on the easterly side only. The half street improvements will extend from the temporary cul-de-sac to the north property line of lot seven within a 30 foot right-of-way. Lot seven will continue to use the existing access onto SW 344th Street which will also serve as an emergency vehicle access for the plat. 11. The applicant asserts that since SW 346th Place is a neighborhood access street, street lighting is not required by the FWCC. Section 22-1522 FWCC states as follows: Street lighting shall be required on all rights-of-way, except neighborhood access streets and culs-de-sac. Section 20-185 FWCC states as follows: a. All subdivisions and short subdivisions shall install street lighting on all streets, except neighborhood access streets and cul-de-sacs where installation is optional, in accordance with common design standards for spacing, placement, and luminous intensity. b. Light standard and luminar design shall be approved by the Director of Public Works. Section 22-1522 is a portion of the zoning chapter of the FWCC and addresses street lighting on all City streets regardless of whether said streets are located within a subdivision. Section 20-185 is a portion of the subdivision chapter of the FWCC and ( ( PRELIMINARY PLAT OF GRANVILLE PLACE April21,1997 Page - 4 13. 14. 15. 16. 17. specifically addresses standards for new subdivisions. Section 20-l85 states that it is optional with the City as to whether street lighting is required on neighborhood access streets. Such interpretation is consistent with Section 20-1 44(C) FWCe-which sets forth a portion of the criteria which the Examiner must evaluate in a plat alteration application. Said section states that Section 20-185 applies "only to new roadways proposed as a result of the alteration of the plat" Thus, in all new subdivision streets, street lighting may be required at the discretion of the City. 12. School aged children residing in the subdivision will be served by Green Gables Elementary School, Saghalie Junior High S<:hool, and Decatur High School. Bus stops are currently located within a few blocks of the plat and may be adjusted depending on student transportation needs. The plat must comply with the City School Impact Fee Ordinance which is subject to an annual adjustment and update. Alderdale Park is located approximately one half mile to the northeast of the site; Olympic View Park is approximately one mile north of the site; and Crescent Heights Park, within the City of Tacoma, is approximately one mile to the west. Dash Point State Park is 1.5 miles to the northwest. Section 20-155(B) FWCC requires the applicant to provide open space in the amount of"15% of the gross land area of the subdivision site". However, since the site is less than five acres, the applicant is allowed to seek alternative methods to providing said open space on site. The applicant is proposing to pay a fee in lieu of reservation as permitted by Section 22-155 and as required by a conditional of approval hereinafter. The City of Tacoma has provided a certificate of water availability indicating its ability to supply both domestic water and fire flow to the site. The Lake Haven Utility District will supply sanitary sewer service to all lots. Section 20-120(B) FWCC requires the Examiner to review a request for preliminary plat approval for compliance with Sections 20-2; 20-151 through 20-157; 20-178 through 20-187 FWCC; and RCW 58.17. The preliminary plat complies with the subdivision design criteria set forth in Section 20-151 FWCC. The traffic is distributed in a logical manner toward a collector street system and connects with existing streets. A temporary cul-de-sac is provided, but is not more than 600 feet in length. The site contains no steep slopes and the streets are designed in conformance with adopted standards for sight distance at intersections. All lots are designed in accordance with the criteria set forth in Section 20-152 FWCC and are of ample dimension to provide a regular shaped building area which can meet required setbacks. All lots are designed to provide access for emergency apparatus and abut a public street right-of-way. No lots will access onto an arterial street. As previously found :the ( ( PRELIMINARY PLAT OF GRANVILLE PLACE Apri121,1997 Page - 5 19. 20. subdivision meets the density and lot size criteria of the RS-7.2 zone classification. The applicant is not proposing a cluster subdivision, and as previously found, will satisfy the open space requirements of Section 20-155 FWCC by making a paymentir¡-[ieu of open space. Pedestrian and bicycle access corridors are not appropriate as the site is not located near a bikeway or trail. Sidewalks on both sides of the plat road will ensure safe walking conditions. No view blockage issue are present. 18. The improvement and density requirements set forth in Sections 20-176 and 20-177 FWCC are satisfied. Buffers required by Section 20-178 are not necessary since the site is bordered by single family residential development on all sides. Conditions of approval require the applicant to retain all natural vegetation except that removed for improvements or grading as required by Section 20-179. Street improvements meet the requirement of Section 20-180. The City of Tacoma will serve the subdivision with both domestic water and fire flow as is authorized by Section 20-181 FWCC and the Lake Haven Utility District will provide sanitary sewer service as is authorized by Section 20-182. As previously found, the applicant is proposing an adequate storm drainage system designed in accordance with FWCC requirements as required by Section 20-183. All lots in the subdivision will be served by electricity, telephone, cable tv, and natural gas (if available) and all utilities will be provided underground as required by Section 20-184. As previously found, street lighting will be provided as required by Section 20-185. The applicant is required to provide a landscape plan, comply with the significant tree ordinance, and provide permanent survey control monuments in accordance with Sections 20-186 and 20-187 FWCc. Subdivisions are approved pursuant to the Process III evaluation set forth in Section 22-476 et seq. FWCC. Process III requires the Examiner to issue a recommendation to the Federal Way City Council which then makes the final decision as to approval or disapproval of the preliminary plat application. Findings on each decisional criteria used by the City Council to make its decision are hereby made as follows: A. The proposed preliminary plat is consistent with the Single Family High Density designation of the 1995 Federal Way Comprehensive Plan. The plat is developed in accordance with the RS- 7.2 zone classification and is consistent with density allowances and policies applicable to the Single Family High Density designation. B. The proposed preliminary plat múst comply with all applicable codes and regulations to include the Environmental Policy, the Subdivision, and the Methods of Mitigation Chapters of the FWCC. Conditions of approval set forth hereinafter ensure that the preliminary plat complies will all applicable codes and regulations. C. The proposed preliminary plat is consistent with and will ensure protection of the \' ( PRELIMINARY PLAT OF GRANVILLE PLACE April 21, 1997 Page - 6 public health, safety, and welfare. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. 2. 3. B. C. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. The proposed preliminary plat promotes the health, safety, and general welfare in accordance with standards established by the'State and the City, and promotes the effective use of land by preventing the overcrowding or scattering of development. The plat avoids congestion and promotes the safe and convenient travel by the public on City streets. The plat provides for adequate light and air, water, sewage, drainage, parks and recreational areas, schools and school grounds, and other public requirements. The plat makes appropriate provision for proper ingress and egress and provides for housing needs of the community. The plat will ensure uniform monumenting of land divisions and conveyance of accurate legal descriptions and contains no environmentally sensitive areas. The proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary waste, fire protection, parks, playgrounds, schools, and safe walking conditions as required by RCW 58.17.110. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision and therefore should be approved subject to the following conditions: A. Prior to final plat approval, the existing structure on Lot 7, located within five feet of the proposed south property line, must be removed or relocated to conform to building setbacks requirements as established by Federal Way City Code (FWCC); or lot lines must be adjusted accordingly. Prior to final plat approval the required off-site hydrant must be installed at SW 344th Street at a location approved by King County Fire Districf#39, or alternative fire protection measures implemented for Lot #7, as approved by the fire district. Pursuant to the applicant's propošal to pay a fee in lieu of reserving a portion of on site open space, as provided by the FWCC, a current market value analysis of similarity situated property must be submitted to the City to determine the amount of the open space fee under this agreement. Payment of the open space fee shall be required prior to final plat approval. .. ( PRELIMINARY PLAT OF GRANVILLE PLACE April21,1997 Page - 7 G. H. I. D. The existing temporary cul-de-sac easement located east of the site at the existing terminus ofSW 346th Place shall be relinquished and documents filed with the City for recording. The applicant is responsible to prepare and submiHke necessary documents in a form approved by the City. The applicant shall reconstruct the cul- de-sac area to match the existing improvements. Design and construction of this street section shall conform to Public Works standards and shall include sidewalks and street trees within the planter strip, as approved by the City. E. Design and location of the temporary barricade adjacent to Lot 7 shall be approved by the City of Federal Way and King County Fire District 39. This temporary barricade shall be removea with future right-of-way improvements, as required and approved by the City. F. The proposed temporary cul-de-sac easement located in Lots 5 and 6 shall be relinquished with future right-of-way improvements at this location, and the area reconstructed, as required and approved by the City. Retention/detention facilities used to control runofffTom the site to off-site drainage courses shall be located in a detention tract dedicated to the City at the time of final plat approval, unless located within improved public rights-of-way. The final plat drawing must establish the open space buffer in an open space tract to be owned in common and maintained by property owners of the proposed subdivision, and prohibiting removal or disturbance of landscaping within the tract, except as necessary for maintenance or replacement of existing plantings and as approved by the City. The open space buffer shall be landscaped to achieve and maintain a visual buffer pursuant to FWCC Chapter 20-155 and Sec. 22-1 565(c)(l), as approved by the City and pursuant to Condition #, below. Prior to issuance of construction permits a landscape plan, prepared by a licensed landscape architect, shall be submitted to the City for approval, and shall include the following elements: (a) Open space buffer landscaping; (b) Street trees in planter strips inside plat boundaries and off-site as required by Condition #4, above; (c) Significant tree replacement plan; and (d) Visual screening of all property boundaries of the detention tract from ( PRELIMINARY PLAT OF GRANVILLE PLACE Apri121,1997 Page - 8 adjacent properties and the right-of-way with landscaping and/or fencing. J. Prior to final plat approval, all required improvements must be eölnfJleted or the improvements appropriately bonded, per City Code requirements. Design and construction of plat improvements shall conform to Federal Way City Code, the King County Surface Water Design Manual, the Hylebos Creek and Lower Puget Sound Basin Plan, and all other applicable codes and regulations. RECOMMENDATION: It is hereby recommended to the Federal Way City Council that the preliminary plat of Granville Place be approved subject to the conditions contained in the conclusions above. )l:- OA TED THIS ~ . DAY s~¡;J5:.G)~ Hearing Examiner TRANSMITTED THIS E DAY OF April, 1997, to the following: APPLICANTS: Bob Woodford and Jerry Holm 25105 9th Avenue S Des Moines, WA 98198 OWNERS: Gene F. Sims 1742931" Drive NW Arlington, W A 98223 James McCulloch 3327 SW 344th Street Federal Way, WA 98023 AGENT: Granville Horn APEX Engineering 2401 South 35th Street Tacoma, W A 98409 ( ( PRELIMINARY PLAT OF GRANVILLE PLACE Apri12l,1997 Page - 9 Pam Glaser 3118SW349thPlace Federal Way, WA 98023 Debbie Kovach 3126 SW 346th Place Federal Way, WA 98023 Al Dimakis 3110 SW 346th Place Federal Way, WA 98023 City of Federal Way Attn: Bob Baker/Lori Michaelson 33530 I" Way South Federal Way, WA 98003 ( ( RIGHTS TO RECONSIDERATION AND CHALLENGE THE BELOW STATED RIGHTS TO RECONSIDERATION AND APPEAL AND DESIGNED TO PROVIDE NOTICE OF TIME LIMITS AND A GENERAL OUTLINE OF PROCEDURES. THE SPECIFIC REQUIREMENTS FOR RE~EST FOR RECONSIDERATION ARE FOUND IN SECTION 22-488 OF THE FEDERAL WAY CITY CODE. THE SPECIFIC REQUIREMENTS FOR CHALLENGES TO THE HEARING EXAMINER'S RECOMMENDATION ARE FOUND IN SECTION 22-489 OF THE FEDERAL WAY CITY CODE. CLARIFICATION OF THE RIGHTS TO RECONSIDERATION AND CHALLENGE AND THE NAMES AND ADDRESSES OF PERSONS WHO HAVE A RIGHT TO CHALLENGE MAY BE OBTAINED FROM THE CITY CLERK OF THE CITY OF FEDERAL WAY. RECONSIDERATION Any person who has a right to challenge a recommendation of the Hearing Examiner under the Federal Way City 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 person requesting the reconsideration shall within seven (7) calendar days following issuance of the recommendation, mail or personally deliver a copy of the request for reconsideration along with a notice of the right to file a written response to the ( ( request to those persons who have a right to challenge under Federal Way City Code. Proof of such mailing or personal delivery shall be made by an affidavit attached to the request for reconsideration at the time of delivering the request to the Department of Community Development. The notice shall state that such response must be received by the Department of Community Development within seven (7) calendar days following the filing of the request with the department. Any person filing a response to a response to the reconsideration request must distribute that response by mail or personal delivery to those persons having a right to challenge under the Federal Way City Code. Proof of such distribution by mail or personal delivery shall be made by affidavit attached to the response delivered to the Department of Community Development. Within ten (10) working days after expiration of the reconsideration period, 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 reconsideration will be in accordance with Section 22- 488 of the Federal Way City Code. CHALLENGE The recommendation of the Hearing Examiner may be challenged by any person who is to receive a copy of that recommendation. The 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 request for reconsideratlõn 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 p~rson 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 person challenging the recommendation shall within said fourteen (14) calendar day period mail or personally deliver a copy of the letter of challenge along with a notice of the right to file a written response to the challenge to those persons who have the right to file a challenge under Section 22-489 of the Federal Way City Code. The notice shall state that such response must be received by the Department of Community Development within five (5) working days following the filing of the written challenge with the department. Any person filing a response to,the reconsideration request must distribute that response by mail or personal delivery to those persons having a right to challenge under Section 22-489 of the Federal Way City Code. Proof of such distribution by mail or ( ( personal delivery shall be made by affidavit attached to the response delivered to the Department of Community Development. 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.