Res 98-278
RESOLUTION NO.
qR-27R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING THE FINAL
PLAT OF BLACKBERRY HILL, FEDERAL WAY FILE NO.
SUB 98-0002.
WHEREAS, the preliminary plat for Blackberry hill, City of Federal Way File No;
SUB 92-0004 was approved on September 6, 1994, by Federal Way Resolution No. 94-182; and
WHEREAS, the applicant has satisfied all of the conditions set forth in Resolution
No. 94-182 and in the August 12, 1996, Recommendation of the Federal Way Hearing Examiner;
and
WHEREAS, the applicant has submitted the application for final plat for Blackberry
Hill within the required time of receiving approval for the above-referenced preliminary plat; and
WHEREAS, City of Federal Way Department of Community Development Services
staff have reviewed the proposed final plat for its confonnance to the conditions of the preliminary
plat and the Federal Way Hearing Examiner, and their analysis and conclusions are set forth in the
Staff Report dated October 28,1998; and
WHEREAS, the Land Use and Transportation Council Committee considered the
application for final plat of Blackberry Hill at its November 2, 1998 meeting and recommended
approval by the full City Council; and
WHEREAS, the City Council reviewed and considered the Staff Report and the
application for final plat of Blackberry Hill prior to and during the Council's November 17, 1998
meeting;
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Res. # -'1ß=21,sPage I
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY
RESOL YES AS FOLLOWS:
Section 1. Findings of Fact. Conditions and Conclusions.
1.
The final plat for Blackberry Hill, City of Federal Way File No SUB98-0002
is in substantial conformance to the preliminary plat and is in conformance with applicable zoning
ordinances or other land use controls in effect at the time of the substantially complete application.
2.
Based on, inter alia, the analysis and conclusions in the Staff Report, and on
the City Council's review of the application for final plat, the proposed subdivision makes
appropriate provision for the public health, safety, and general welfare, and for such open spaces,
drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies,
sanitary wastes, parks and recreation, play grounds, and schools and schoolgrounds as are required
by City Code or are necessary and appropriate, and provides for sidewalks and other planning
features to assure safe walking conditions for students who only walk to and from school.
3.
The public use and interest will be served by the final plat approval granted
herein.
4.
All conditions as listed in the Federal Way Resolution No. 94-182 and the
conditions in the August 12, 1996, Recommendation of the City of Federal Way Hearing Examiner,
have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the
applicant as allowed by Federal Way City Code section 22-133.
5.
All required improvements have been made and sufficient bond, cash deposit,
or assignment of funds have been accepted, or will be accepted, prior to recording by the City of
W@f1~~.Y;~~~.'ipancial guaranty for maintenance of all required plat improvements.
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Res. # ~,¡j'age 2
6.
All taxes and assessments owing on the property being subdivided have been
paid, or will be paid prior to recording the final plat.
Section 2. Aoolication aoDroval. Based upon the Findings of Fact contained in
Section I above, the final plat of Blackberry Hill, City of Federal Way File No SUB98-0002 is
approved, subject to satisfaction of the maintenance conditions that are required by the city.
Section 3. Recording. The approved and signed final plat, together with all legal
instruments pertaining thereto as required pursuant to all applicable codes, shall be recorded by the
applicant in the King County Department of Records. All recording fees shall be paid by the
applicant.
Section 4. Severabilitv. If any section, sentence, clause or phrase of this resolution
should be held to be invalid or unconstitutional by a court of competent j urisdiction, 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 ~ day of November
,1998.
CITl.O FEDERAL WAY
.~~
W\ YOR, RONALD GINTZ
Res. #..9_8.::2Jlfage 3
'1
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CITY CLERK, N, CHRlSTlNC GREEN~~
APPROVED AS TO FORM:
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FILED WITH THE CITY CLERK: 11/16/98
PASSED BY THE CITY COUNCIL: 11/17/98
RESOLUTION NO, 98-278
Klcd\oroinalblaokbe<.'"
Res. #98-27¡!Page 4
MEETING DATE: November 17, 1998
ITEM# ~ OJ
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CITY OF FEDERAL WAY
City Council
AGENDA ITEM
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CATEGORY: BUDGET IMPACT:
.x. CONSENT
_ORDINANCE
_BUSINESS
_HEARING
-FYI
.x. RESOLUTION
_STAFF REPORT
- PROCLAMATION
_STUDY SESSION
_OTHER
Amount Budgeted: $ none
Expenditure Amt: $ none
Contingency Reqd: $ none
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........................... ........................
ATTACHMENTS: (l) October 28, 1998 City Council! Land Use Transportation Committee memo which includes as
Exhibit A the October 28, 1998 Staff Report to the City Council; and the draft Resolution as Exhibit
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SUMMARYIBACKGROUND: The applicant has submitted a request for a final plat approval for Blackberry Hill, an II lot
single family cluster subdivision on 2.34 acres. The preliminary plat was originally approved by the Federal Way City Council on
September 6, 1994. The City Council Land UselTransportation Committee (LUTe) reviewed the fina1 plat request at their
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........
CITY COUNCIL COMMITTEE RECOMMENDATION: Recommend approval of SUB98-0002, the fmal plat of
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.............................
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(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
~PROVED IJ /rl~r;
--»ENIED
_TABLED/DEFERREDINO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
g&D 8'
I:\COVERCC-SI14l96
DATE:
To:
FROM:
FEDERAL WAY
MEMORANDUM
October 28, 1998
City Council Land UsefTransportation Committee
Councilmember Phil Watkins, Chair
Gregory Moore, AICP, Director of Community Development service~
CONTACT:
Deb Barker, Associate Planner
RE:
Final Plat a/Blackberry Hill-Federal Way File No. SUB98-0002
I.
II.
III.
SUMMARY OF APPLICATION
Final plat approval of the plat of Blackberry Hill, a cluster subdivision of II single family
lots on 2.34 acres. The preliminary plat was originalIy approved by the Federal Way City
Council on September 6, 1994, as an 11 lot cluster subdivision.
The Plat of Blackberry HilI is located at 3rd Court SW, north of South 312th Street in
Federal Way. Federal Way zoning for the site at the time of application was Residential
Single Family (RS-7.2). Cluster subdivisions are allowed in single family residential
zoning districts to promote open space and protect natural features.
REASON FOR COUNCIL ACTION
The final decision for all final plats rest with the City Council in accordance with Federal
Way City Code (FWCC) Section 20-136(b). Bringing this matter before the City Council
Land Use/Transportation Committee for review and recommendation prior to the fulI
Council is consistent with how land use matters are currently processed by the city.
STAFF RECOMMENDATION
City of Federal Way staffhas reviewed the final plat of Blackberry Hill for compliance
with SEPA conditions, preliminary plat conditions, and alI applicable codes and policies.
AII applicable codes, policies, and conditions have been satisfactorily met. Staff
recommends approval to the council.
IV.
V.
PROCEDURAL SUMMARY
September 6, 1994
Preliminary plat approval granted by Federal Way City Council.
November 25, 1997 Engineering approval granted.
July 29,1998
Final plat application submitted.
October 20, 1998
Final plat application determined complete.
November 2, 1998
City Council Land Use Committee meeting.
Land Use Committee forwards a recommendation to the full City
Council.
November 17, 1998 City Council meeting.
Pursuant to Section 20-136 of Federal Way City Code, the City
Council shall consider the application at a public meeting.
DECISIONAL CRITERIA
Pursuant to FWCC Section 20-136, the City Council may approve the final plat
application only if all criteria of FWCC Section 20-136(b), are met. Findings contained in
the staff report to the City Council and by reference in the draft resolution indicate that
the application is consistent with these criteria.
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DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
STAFF REPORT
REQUEST FOR FINAL PLAT APPROVAL
BLACKBERRY HILL
Federal Way File No. SU898-0002
Related Files Numbers:
SUB92-0004, SEP92-0008, SEP92-0012, UPR92-0009, and UPR95-0033
I.
INTRODUCTION
Date:
October 28, 1998
Request:
Request for final plat approval for Blackberry Hill.
Description: Blackberry Hill is a cluster subdivision of II single family lots on 2.34
acres. The preliminary plat was originally approved by the Federal Way
City Council on September 6, 1994, per Resolution 94-182 (Exhibit A) as
an II lot cluster subdivision (Exhibit B).
Federal Way zoning for the site at the time of application was Residential
Single Family (RS-7.2). Cluster subdivisions are alIowed in single family
residential zoning districts to promote open space and protect natural
features. Lot sizes on the final plat (Exhibit C) range trom 2,899 square
feet (Lot 2) to 12,180 square feet (Lot I), with an average lot size of 4,672
square feet. A 37,584 square foot wooded open space tract is north of the
clustered lots.
Access for lots 2 through 11 is via 3rd Court SW. Lot I is accessed trom
South 312th Street.
All roads and sidewalks within the proposed subdivision have been
constructed, storm drainage facilities have been installed, and water and
sewer lines are in.
Owner:
Jan-Wes Homes, Inc.
22030 7th Avenue South, Suite 204
Des Moines, WA 98198-6219
(206) 824-9990
EXHIBIT -Â-
PAGE-LOF -lb-
Staff Report - Final Plat Report
Blackberry Hill
Page 2
Engineer:
Location:
Sewage
Disposal:
Water
Supply:
Len Gantz
Surveying and Engineering
3721 South 352nd Street
Auburn, WA 98001
(253) 874-0158
Located north of South 312th Street between 1st Avenue South and 4th
Avenue in Section 8, Township 21 North, Range 4 East, WM, King
County (Exhibit D).
Lakehaven Utility District.
Lakehaven Utility District
Fire District: Federal Way Fire Department
School
District:
No. 210 - Federal Way
Report
Prepared By: Deb Barker, Associate Planner
II.
HISTORY AND BACKGROUND
A draft resolution of the City of Federal Way, Washington, approving the final Plat of
Blackberry Hill, SUB98-0004, is attached (Exhibit E).
The preliminary plat of Blackberry Hill, consisting of 11 clustered single-family
residential lots on 2.34 acres (Exhibit B), was granted approval by the City of Federal
Way on September 6, 1994, per Resolution 94-182 (Exhibit A) based on the findings and
conclusions contained in the May 13, 1994, and August 2, 1994, Federal Way Hearing
Examiner decisions (Exhibit A). Subsequent hearing examiner approval for intrusion of a
sanitary sewer line and biofiltration swale within a wetland buffer associated with
adjacent wetlands was approved on August 12, 1996 (Exhibit F).
Engineering approval was granted on November 25, 1997 (Exhibit G). The applicant
applied for final plat approval in July 29, 1998. The application was determined complete
on October 20, 1998.
EXHIBIT A
PAGE~OF --«L-
Staff Report - Final Plat Report
Blackberry Hill
Page 3
City of Federal Way staff has reviewed the final plat of Blackberry Hill for compliance
with SEP A conditions, preliminary plat conditions, and all applicable codes and policies.
All applicable codes and policies and conditions have been satisfactorily met. Staff
recommends approval to the council.
The remainder of staff report addresses how the applicant has fulfilled the conditions of
SEPA, the preliminary plat approval, and the Federal Way Subdivision Code.
III.
DECISIONAL CRITERIA
Pursuant to Section 20-136 of the Federal Way City Code (FWCC), if the City Council
finds that the following criteria have been met, the City Council may approve the final
plat for recording.
CRITERION #1 - The final plat is in substantial confonnance to the preliminary plat.
Response - The final plat is in substantial confonnance with the approved preliminary
plat. Tract A, the open space tract, has been modified from preliminary plat through
relocation of the bioswale facility. Based on conditional approval by the Federal Way
Hearing Examiner, the bioswale facility was relocated west of Blackberry Hill into the
adjacent Teabos Depression, a drainage facility owned by the city. The resulting Tract A
is not encumbered by any drainage facilities or improvements. This criterion has been
met.
CRITERION #2 - The final plat is in confonnity with applicable zoning ordinances or other
land use controls.
Response - Applicable zoning ordinances and land use controls include the FWCC
Chapter 20, Subdivisions, and Chapter 22, Zoning. Article III of FWCC Chapter 20,
Sections 20-15 I through 20-187 address subdivision design criteria, including open
space, streets, and traffic. The FWCC includes standards for structural setbacks, street
lighting, and lot coverage.
Subdivision design is in compliance because traffic trom the subdivision connects to
South 312th Street, a principal collector street. The lots are accessed via public rights of
way. The road within the plat was designed and constructed to Federal Way cuI de sac
standards. Third Court South has 50 feet of right of way, 28 feet of pavement, five foot
sidewalks, four foot planter strips, and a six inch vertical curb. No additional
improvements to South 312th Street or dedication was required of the applicant.
EXHIBIT f1
PAGEioF 111
Staff Report - Final Plat Report
Blackberry Hill
Page 4
Under FWCC Section 20-1 54, Cluster subdivision, in order to promote open space and the
protection of natural features such as trees and wetlands, lots may be reduced in size and
placed in clusters on the site. Lots created in cluster subdivisions may be below the
minimum lot size requirements of FWCC Chapter 22, zoning, provided the total number
of lots created does not exceed the number of lots which would be permitted in a
conventional subdivision on a site of the same total area, after reservation of required
open space.
The II lots in the Blackberry Hill subdivision are reduced in size and are clustered at the
southern end of the site, in order to preserve a large stand of mature trees on the north
side of the site. Ten of the lIlots are less than the minimum lot size of FWCC Section
22-631, Detached dwelling unit, as allowed by the cluster subdivision provisions. Based
on a drawing provided by the applicant depicting conventional subdivision layout, the
Blackberry Hill cluster subdivision does not exceed the number of lots which would be
permitted in a conventional subdivision. Minimum yard and setbacks per FWCC Section
22-631 are depicted on the face ofthe plat, Exhibit C, page 1 of 3.
The open space established with the cluster subdivision is known as tract A on Exhibit C,
page 1 of 3 of the plat. Tract A is defined as an Native Growth Protection Easement
(NGPE) in Exhibit C, note 5, page 3 of3. Restrictive covenants have been submitted with
the final plat application, which further protect Tract A ITom further subdivision or
development.
Applicable zoning ordinances and other land use controls have been met.
CRITERION #3 - All conditions of the Hearing Examiner and/or City Council have been
satisfied.
Response - The Responsible Official issued a Mitigated Determination of
Nonsignificance for the Blackberry Hill preliminary plat on February 22, 1994, with two
conditions. The preliminary plat application was reviewed by the Federal Way Hearing
Examiner at a May 13, 1994, hearing. His recommendation to approve the plat was
forwarded to the Federal Way City Council. The City Council, at their June 7,1994
meeting, remanded the preliminary plat back to the Hearing Examiner to address impacts
to the wetland, traffic, access, and storm drainage. Following a second hearing on August
2, 1994, the Hearing Examiner forwarded a recommendation to the Council. At their
September 6, 1994 meeting, the Federal Way City Council approved the preliminary plat
application without conditions.
The Responsible Official issued a Mitigated Determination of Nonsignificance for
intrusions into the wetland buffer on December 13, 1995, with one condition. A hearing
EXHIBIT A
'PAGE~OF -..ßL
Staff Report - Final Plat Report
Blackberry Hill
Page 5
was conducted by the Federal Way Hearing Examiner on July 30, 1996, to review the
request to locate a bios wale and sewer line within the wetland setback area. That Process
11 request was approved by the Hearing Examiner in his August 12, 1996 decision. The
various conditions of approval and the status of those conditions is noted below:
1.
Compliance With SEPA Mitigation Measures
A) Mitigated Determination of Non significance (MDNS) for SEP 92-0012 was
issued on February 22, 1994, with the following conditions.
I)
The applicant shall provide on-site storm water runoff control in
accordance with city standards and policies and recommendation BW-2 of
the Hylebos Creek and Lower Puget Sound Executive Proposed Basin
Plan.
Staff Response: This mitigation measure has been met. Based on data
provided in the Technical Information Report (TlR) prepared by Towna
Engineers, the subdivision is exempt from the onsite storm water runoff
control. This T1R showed that the 100-year flow for the site prior to
development was 0.30 cfs and the 100-year flow for the site developed
would be a 0.76 cfs, a difference of 0.46 cfs increase. The 1990 King
County Surface Water Design Manual (KCSWDM) threshold for storm
water detention is 0.5 cfs or greater; this project falls below that threshold.
2)
Storm water runoff control shall be provided on-site unless the applicant
elects to located the required on-site detention in the Teabos Depression, a
low topographic feature west of the site. In the later-case, the applicant
shall be required to convert the depression into a public regional storm
water detention facility sized to discharge the runoff from the entire
upstream basin at the pre-developed basin runoff rate for the 2- year, 10-
year and 100-year, 7-day storm event. The active storm water storage level
in this depression shall be set to provide a minimwn of one foot of
freeboard for any structure in the area as identified in the Storm Drainage
Analysis for Blackberry HilI Preliminary Plat submitted July 26,1992. This
conversion shall include acquiring any necessary easements and liability
releases from affected property owners, modification of the outlet controls
next to South 312th Street, and excavation for any deficient storage
volwne. A Late Comers Agreement may be executed upon completion of
the conversion to recover a proportionate share of the expenses for future
developers in the subject basin.
EXHIBIT ~
PAGEÍ-OF JL
Staff Report - Final Plat Report
BlackbelT)' Hill
Page 6
Staff Response: This mitigation measure has been met. Based on data
presented at the August 2, 1994 hearing, the storm drainage analysis
docwnented that 3.5 feet of freeboard is available in the Hylebos
Depression prior to any construction. As the necessary overflow room is
available, no easements, liability releases of agreements will be required.
B) A Mitigated Determination of Non significance (MDNS) for SEP 95-0034 was
issued on May 22, 1996, with the following condition.
"Add the following elements to the December 13, 1995, conceptual mitigation
plan as a condition ofSEPA approval: I) Planting plan; 2) Plant Schedule; 3)
Planting details; 4) Annual monitoring for five years to assess plant material
vigor and survival. Reports need to be submitted to the city by August I of each
monitoring year; 5) Planting must achieve a success rate of 80 percent; 6) Final
as built drawings and an as-built report will need to be submitted to the City of
Federal Way within one month from the time of completing the installation of
the plantings; and 7) The applicant shall pay for the cost of the annual
monitoring conducted by the city's contracted wetland biologist."
Staff Response: The status of this mitigation measure is as folIows:
I) Planting Plan - A Wetland Setback Revegetation Plan prepared June 18,
1996 ,by Terra Associates, Inc. was submitted on June 24,1996 (Exhibit
H). The revegetation plan was approved by staff on December 18, 1997.
2) Plant Schedule - The revegetation plan contains a plant schedule with plant
sizes and quantities.
3) Planting Details - The revegetation plan included a planting details.
4) Annual monitoring for five years to assess plant material vigor and
survival. Reports need to be submitted to the city by August I of each
monitoring year. - A contract currently executed with Sheldon and
Associates wilI cover monitoring for five years.
5) Planting must achieve a success rate of 80 percent. - This information was
included in planting plan, and will be verified by the monitoring.
6) Final as built drawings and an as-built report wilI need to be submitted to
the City of Federal Way within one month trom the time of completing the
installation of the plantings. - The revegetation plantings were installed
during the week of October 19 through 23, 1998, as recommended in the
revegetation plan. The applicant submitted a October 26, 1998, letter which
stating that as the vegetation was instalIed per the approved plan, that plan
would constitute the as-built submittal. The installation of the: vegetation
was field verified by city staff and found to be instalIed per the approved
plan.
EXHIBIT /l
PAGE~OF (0
Staff Report - Final Plat Report
Blackberry Hill
Page 7
7) The applicant shall pay for the cost of the annual monitoring conducted by
the city's contracted wetland biologist. - The applicant has provided
payment for the monitoring contract in a check received on October 15,
1998.
II. Conditions of Hearing Examiner Decision, August 12,1996, UPR95-0033.
I)
The applicant must secure from the City of Federal Way's Department of Public
Works, Surface Water Division, an easement for placement of the sanitary
sewer line and infiltration swale.
Staff Response: This condition has been met. As the applicant was able to
install the sanitary sewer line in the center of the right of way and not in the
Teabos Depression, the aforementioned easements were not necessary. The
biofiltration swale is already located on City of Federal Way property;
additional easements are not required.
2)
To guard against breakage and possible surface water contamination, the
diagonal portion of the sewer line (that section that traverses through the
wetland buffer) must be constructed of ductile iron.
Staff Response: This condition has been met. Ductile iron was used to
construct the sewer line, which is now located in the right of way.
CRITERION #4 - That the public use and interest shall be served by the establishment of
the subdivision and dedication by determining if appropriate provisions are made for, but
limited to, the public health, safety, general welfare, open spaces, drainage ways, transit
stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools,
and school grounds, and shall consider all other relevant facts including sidewalks and
other planning features that assure safe walking conditions for students who only walk to
and from school.
Response -
Open Space, Parks, and Recreation - Pursuant to FWCC Section 20-1 55(b), Open
space and recreation, all residential subdivisions are required to provide open space
in the amount of 15 percent of the gross land area of the subdivision site (or if under
five acres, make payment of fee in lieu of per FWCC 19-41). The plat of Blackberry
Hill establishes usable and conservation open spaces in Tract A. (Usable open space
consists of areas which have appropriate topography, soils, drainage and size to be
considered for development as active recreation areas. Conservation open space is
EXHIBIT Þ
PAGE..1::.0F -'!L
Staff Report - Final Plat Report
Blackberry Hill
Page 8
areas which contain special natural or physical amenities or environmentally
sensitive features, the conservation of which would benefit surrounding properties or
the community as a whole. Such areas may include stands oflarge trees.) Exhibit D,
page 3 of 3, note #6, indicates that a portion of tract A amounting to 10 percent of
the required open space of the entire plat is established as usable open space. This
usable open space, noted on Exhibit D, Page 1 of 3, is 1,673 square feet is size and
satisfies the usable open space requirement. The balance of tract A is conservation
open space.
In a September 29, 1997 letter, city staff supported the change in lot configuration
which resulted in relocation of the drainage facilities out of Tract A. This resulted in
an increase in usable open space at the site. The applicant has exceeded the required
open space obligation with the cluster subdivision by establishing 33.7 percent of the
2.34 acre site in open space. This open space is not part of an adopted Parks and
Recreation Comprehensive Plan, and will be dedicated to the Blackberry Hill Home
Owners Association.
The applicant will not be required to pay open space fees as the final plat of
Blackberry Hill provides sufficient open space opportunities.
Drainage Ways - The subdivision has a storm drainage system designed and
constructed in accordance with the surface water management requirements in
FWCC Section 21-26 et seq., and the storm and surface water utility requirement in
FWCC Section 16-76 et seq. Engineering plans (Exhibit G) which included drainage
and roadways, were reviewed and approved by the City of Federal Way prior to
construction. Biofiltration systems were proposed at the southern portion of tract A
with the preliminary plat application. On May 22, 1996, the Federal Way Hearing
Examiner conditionally approved a request to relocate the bioswale into a regulated
wetland setback area (Exhibit F. page 3). Biofiltration systems and oil water
separation devices were installed within drainage easements immediately west of the
subdivision, within property owned by the City of Federal Way. As the project
produces less than the 0.5cfs than the undeveloped site, the project was exempt trom
retention/detention requirements.
Transit - METRO Transit service is available along South 312th Street,
approximately 500 feet east and west of the subdivision. DART pickup can be
arranged by individual residents.
Water and Sewer - All lots in a subdivision shall be served by a water system and
sanitary sewer systems system designed and constructed to the specifications of
Lakehaven Utility District. In an August 27, 1998 letter, the Lakehaven Utility
EXHIBIT A
PAGEÏ-OF If) .
Staff Report - Final Plat Report
Blackberry Hill
Page 9
District stated that the sanitary sewer and water distribution systems for the project
are substantially complete. The developer has entered into a supplemental agreement
with the district, and the district has accepted assignment of funds guaranteeing
completion of construction of said distribution systems.
Schools -In addition to the sidewalks required in FWCC Section 22-1471, regarding
requirements to Right of way (ROW) and vehicular easements, the sidewalks
provide pedestrian and bicycle assess and connect the subdivision to established safe
school routes, bikeways, trails, and transit stops. Elementary school students will
walk to Mirror Lake Elementary School via existing sidewalks trom this site.
Students at lIIahee Junior High and Federal Way High School will be bussed. School
impact fees will be collected with each single family building permit at the time of
permit issuance, based on city ordinance #95-249, as amended.
This criterion has been met.
CRITERION #5 - All required improvements have been made and maintenance bonds or
other security for such improvements have been submitted and accepted.
Response - All road and storm drainage improvements have been constructed. In
addition, all water and sewer lines have been installed. Adequate bonding is in place with
the Lakehaven Utility District and the City of Federal Way. This criterion has been met.
CRITERION #6 - All taxes and assessments owing on the property have been paid.
Response - Prior to being recorded, the plat is reviewed by the King County Department
of Assessments to ensure that all taxes and assessments have been paid.
IV.
CONCLUSION
Based on site visits, review of the final plat maps, construction drawings, and the project
file, staff has determined that the application for final plat approval for Blackberry Hill
meets all platting requirements ofRCW 58.17.070 and Section 20-134 of the Federal
Way City Code. City staff is recommending approval of the final plat as submitted and
has prepared the necessary resolution for City Council approval (Exhibit E).
EXHIBIT 11
PAGE~OF 10
Staff Report - Final Plat Report
Blackberry Hill
Page 10
V.
EXHIBITS
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
¡,"".<","\bIKkb'Y'><"ml.oo
Resolution 94-182 - September 6, 1994, City of Federal Way Preliminary
Plat Approval of Blackberry Hill with accompanying Hearing Examiner
Report
8Yz x 1 I Reduced Copy of Approved Preliminary Plat of Blackberry Hill
gY:z x I I Reduced Copy of Final Plat Map of Blackberry Hill
Vicinity Map for Blackberry Hill
Final Plat Resolution of the City of Federal Way, Washington, approving
the final plat of Blackberry HilI
August 12, 1996, Hearing Examiner Approval
8Y:z x I I Reduced Copy of Approved Engineering Plans for Blackberry HilI
gY:z x II Reduced Copy of the Approved Wetland Setback Revegetation
Plan
EXHIBIT If
PAGE~OF /1)
(
RESOLUTION NO.
94-182
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, APPROVING THE
APPLICATION BY JAN-WES HOMES INC. FOR
PRELIMINARY PLAT APPROVAL TO DIVIDE A 2.34
ACRE PARCEL INTO SINGLE FAMILY HOME LOTS AND
FOR APPROVAL OF INTRUSION INTO 100 FOOT
WETLAND SETBACK FOR ROADWAY SERVING THE
DEVELOPMENT; (FEDERAL WAY FILE NO. SUB 92-
0004; RELATED FILE NO. SEP92-0012; RELATED
FILE NO. UPR92-0009; HEARING EXAMINER FILE NO.
94-09.)
WHEREAS,
Jan-Wes
Homes,
Inc,
("Applicant~') ,
has
a
possessory ownership interest in property totaling approximately
2.34 acres located at the northeast corner of the intersection of
(
South 312th Street and the proposed Third Court South, in Federal
Way, Washington
("Property"); and
WHEREAS, the Applicant is requesting preliminary plat
approval to subdivide the southern portion of the Property into
eleven (11) single family residential lots retaining the northern
portion of the Property as open space; and the Applicant is also
,seeking approval to intrude into a 100 foot wetland setback as
established by section 22-1357, Federal Way City Code ("FWCC") for
construction of a cul-de-sac providing access to all plat lots from
South 312th Street ("Application"); and
WHEREAS, the Applicant has configured the preliminary
(
plat as a cluster subdivision pursuant to Section. 20-154 FWCC; and
WHEREAS, the Property is presently zone9- r, ~S '72 O,~ WhiC~ 1
r' " r P r"\ a'lT'
L/,nIDal .
allows for single family dwellings; and
,
Car-
rA "or:
OF_~
COPt
RES #
94-182
, PAGE 1
(
WHEREAS, the
Application is properly considered under
Process III, pursuant to FWCC Section 20-111; and
WHEREAS, a mitigated determination of non-significance
("MONS")
was
issued by the City of Federal Way's Responsible
Official for this Application on February 22,1994, pursuant to the.
FWCC and the State Environmental Policy Act ("SEPAtI) and the appeal
and comment period ended March 23, 1994 without appeal; and
WHEREAS,
all
public notices having duly
been given
pursuant to FWCC Section 22-480; and
WHEREAS, pursuant to Process III, FWCC Section 22-482,
the Federal Way Land Use Hearing Examiner held a public hearing on
the application on April 19,1994; and
WHEREAS, at the conclusion of said hearing, the Federal
(
Way
Land
Use
Examiner
issued
its
Findings,
Conclusions
and
Recommendation on May 3, 1994; and
WHEREAS,
this matter having been considered
by the
Federal Way City Council Land Use/Transportation committee at its
meeting
on
May
16,
1994,
for
the
purpose
of
issuing
its
recommendation for approval of the Application to the full City
Council; and
WHEREAS, the City Council, at its meeting of June 6,
1994,
having fully considered the Application,
the record and
Recommendation'of the Hearing Examiner, remanded the Application
back to the Hearing Examiner to consider further certain issues
relating to transportation, wetlands and drainage; and
RES #
94-182
, PAGE 2
EXHIBIT A . I -
PAGE~OF '1'. tf/)Z$
(
WHEREAS, the Hearing Examiner conducted a further Hearing
in accordance with the instructions from the city Council on July
19,
1994,
and issued a Decision on Remand on August 2,
1994
recommending preliminary plat approval; and
WHEREAS,
this
matter having been
considered
by
the
Federal Way city council Land Use/Transportation Committee at its
meeting
of
August
5,
1994,
for
the
purpose
of
issuing
its
recommendation for approval of the Application to the full City
Council; 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 section 22-490(d) contains the decisional
criteria for the Federal Way City Council's consideration of a
Process III application; and
WHEREAS, the city Council considered the written record
and the Recommendation of the Hearing Examiner, pursuant to FWCC
section 22~490 on August 16,1994; and
WHEREAS, the Applicant made a minor modification to the
Application following the AugUst 16, 1994, hearing pursuant to FWCC
Section 20-113(e) and in response to Council's comments that there
was insufficient buffer open.space adjacent to South 312th Street
and, accordingly, the criteria for approving a cluster subdivision
pursuant to FWCC section 20-154 had not been satisfied; and
(
REst
94-182
, PAGE 3
EXHIBIT A .,{
PAG.E~OF ~u
(
WHEREAS, the City Council having considered the written
record and the Recommendation of the Hearing Examiner, pursuant to
FWCC Section 22-490 on September 6,1994; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1.
Hearina Examiner's Recommendation.
The
Findings
of
Fact
and
Conclusions
of
Law
contained
in
the
Recommendation of the Federal Way Land Use Hearing Examiner issued
on May 3,' 1994, following a public hearing held on April 19, 1994,
and the Hearing Examiner's Remand Decision issued on August 2,
1994, following a public hearing on July 19, 1994, copies of which
are attached hereto as Exhibits
"A"
and "B"
respectively and
incorporated by this reference (hereafter jointly referred to as
(
"Recommendation"), which recommended approval of the Application,
as modified by the Applicant as more particularly described in
Exhibit "c" attached hereto, are hereby adopted as the Findings of
Fact and Conclusions of Law of the Federal Way city Council.
Section 2.
preliminarv Plat.
Pursuant to FWCC Section
20-63, RCW 58.17.215, and Findings Nos. 16 and' 17 of Exhibit "A"
and
Findings
No.
'14,
15,
16
and
17
of
Exhibit
"B"
of
the
Recommendation, the Federal Way City Council concludes that the
Application,
as
modified,
conforms
to
the
suJ;xiivision
design
criteria of the FWCC and the development standards relating to
plats of the FWCC, that the public use and interest is served by
the
proposed development and associated improvements, including
the intrusion by the development access roadway into the 100 foot
RES #
94-182
, PAGE 4
EXHIBIT A.~
PAGE-t-OF ~"fY()z$
(
wetland setback,
and ~hat the development as proposed satisfies
the requirements of Chapter 58.17, RCW,
as it will serve the
public use and interest.
section 3.
Intrusion into Wetland Setback Area.
Pursuànt
to
section
22-1359(0)
of the FWCC,
and pursuant
to
Findings No. 15 of Exhibit "A" and Findings No.5 and 6 of Exhibit
"B" of the Recommendation, the Federal Way. city Council concludes
that the decisional. criteria for the intrusion into the 100 foot
wetland setback area have been satisfied in connection with the
Application, as modified, and the request for intrusion into the
setback is hereby approved.
section 4.
Process III Decisional criteria.
Pursuant to
FWCC section 22-490(d) and Finding No. 16 of Exhibit "A" of the
c.
Recommendation, the Federal Way city Council concludes that the
decisional criteria have been satisfied as the Application,
as
modified, is consistent with the Comprehensive Plan, is consistent
with all applicable provisions of the FWCC including those adopted
by reference from the Comprehensive Plan, and the Application is
consistent with the public health, safety, and welfare.
section
5.
Application Approval.
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 and the
minor modification to the plat described in Exhibit "C" hereof, the
Application
for
preliminary
plat
approval,
Blackberry
Hill
development by Jan-Wes Homes, Inc., Federal Way Hearing Examiner
No. 94-09, is hereby approved.
RES #
94-182
, PAGE 5
EXHIBIT À.L
PAGE~~
(
Section
6.
Conditions
of
Approval
Inteqral.
The
conditions of approval of the Application are all integral to aach
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 applicable city ordinances, rules and regulations and
forward such recommendation to the city Council for further action.
Section 7.
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 8.
Ratification.
Any act consistent with the
authority and prior to the effective date of the resolution is
hereby ratified and affirmed.
REst
94-182
, PAGE 6
EXHIBIT It .1
PAGEJLOF ~1JzJ
"'"
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section 9.
Effective Date.
This resolution shall be
effective immediately upon passage by the Federal Way City Coúncil.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this ~ day of
September
, 1994.
CITY OF FEDERAL WAY
MA~~f': ~
M. SWANEY, CMC
(
APPROVED AS TO FORM:
~
~~
. C Y AT , LONDI K. LINDELL
FILED WITH THE CI~Y CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 94-182
August: 30,1994
September 6, 1994
K:\Reso\Blkberry; 9/8/94
RES #
94-182
, PAGE 7
EXHIBIT A . ,
PAGE-1:-0F ;¡" ÐlJlß
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(
(
EJCIllIllT "A"
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN TffE MATTER OF:
)
)
)
)
BLACKBERRY)
)
)
)
FWHEt: 94-09
FILE t: SUB92-0004
UPR92-0009
SEP92-0008
PRELIMINARY PLAT OF
HILL/PROCESS III
1.
SUMMARY OF APPLICATION
(The applicant is requesting, preliminary plat approval to
divide a 2.34 acre parcel into eleven single family residential
.- lots as provided for under Chapter 20, Subdivisions Federal. Way
City Code and Chapter 58.17 Revised Code of Washington. The pla~
is proposed as a cluster subdivision in order to preserve a
forested areas as open space. City of Federal way ,City Code sets
forth the subdivision review process as Process III review. Under
Process III review the hearing examiner conducts a public hearing
on the matter, and. after consideration of testimony and facts
presented niakes a recommendation to the City CounciL The City
Council then makes a decision whether or not to grant.or deny the
,plat request.
Additionally the applicant is seeking approval to intrude .i.nto
a lOO foot wetland setback as established þy Sec:ti.on 22-13S:L FWCC.
The i.ntrusi.on would be in the fom of roadway improvements
associated wi.th the constructi.on of 3rd Court South, the proposed
cul-de-sac providing access to the plat.
n: .
PROCEDURAL INFORMATION
Hearing pate: April 19, 1994
Decision Date: May 3,1994
At the heari.ng the following presented testimony and evidence:
1.
Michael Thomas, Associate Planner, City of Federal Way
33530 - 1st Way South, Federal Way, WA 98003
2.
Tom Touma, Engineer, 15668 West Valley Highway, Seattle,
WA '
EXHIBIT A
PAGE~OF Z8
(
(
(
(
,(
preliminary Plat of Blackberry Hill
FWHE U94-09
May J, 1994
J.
Walt Schaefer, vice presideat, 18000 72ad Aveaue South,
Suite 206, Keat, WA 98032 -
Hike Hiculiaich - 190 South 312th Street, Federal Way, WA
98003
4.
5.
Russell Wolf - 230 South 312th Street, Federal- Way, WA
98003
6.
Ron Garrow, City ot Federal ~ay, 33530 - 1st Way South,
Federal Way, WA 98003
At the hearing the following exhibits were admitted-as part of the
official record of these proceediags:
1.
Staff Report with all attachmeats.
(
( ,
III.
FINDINGS
1.
The Hearing Examiner has heard testimoay, viewed the site and
taken this matter uader advisement.
The Community Developmeat Department staff report sets forth
general findiags, applicable policies aad provisioas in this
matter, and is hereby marked-as Exhibit land iacorporated in
this report by reference as though set forth in full herein.
All appropriateaotices were delivered in accordaace with the
requiremeats of the Federal Way zoning Code.
The applicant has.a possessory ownership interest in a 2.34
acre parcel of property located at the northeast cortièrof the
intersection of South 312th Street and the proposed Third
Court South. The site is rectaagular in shape with a frontage
of approximately 165 feet oa South 312th Street and a depth
of 618 feet. The applicant is requestiag prelimina.t:y plat
approval to subdivide the southera portioa of the site in~o
eleven siagle family residential lots. The north portion of
the site. is proposed to remain in open space. The applicant is
proposing to cluster the lots to preserve the forested areas
as open space, and is also seeking agproval to iatrude into a
100 foot wetland setback-as established by Sectioa 22-1357 of
the Federal Way city Code (FWCC). The iatrusioa is associ"ated
with the coastruction of Third Court South, a cul-de-sac
providing access to all plat l~ts from South 3l2th street.
The property slopes down from east to west and is underlain by
Alderwood and Everett Gravelly sandy Loam soils. The s'!~"!:::..h;,~.
moderately well drained and. have slight ~XH'8Ir~
PAGE_q_OF £~
2.
3.
4.
5.
(
'C
Preliminary plat of Blackberry Bill
FWHE "94-09
May], 1994
6.
7.
(
8.
for erosion. They also have moderate limitation for 'single
family construction. Soils will support the applicant' s
proposal.
The site contains' second and third growth coniferous and
deciduous trees native to the. northwest. The applicant is
required to either retain 25% of the significant trees or
replant ,in conformance with the 25% requirement of the FWCC~
The site is inhabited by small birds and animals, but no
threatened or endangered species. ' '
West of the s~te is a natural depression known as the Teabos
Depression. The depression contains a wetland and the
applicant is requesting to reduce the lOO foot wetland buffer
to between]5 and 85 feet. Drainage from the site will either
be 'retained on site or will enter the Teabos D'epression
through a biofiltration swale.
(
(
The site is located within the RS- 7.2 zone classification
which allows single family residential dwellings as outright
permitted, uses on min.ùnum lot sizes of 7,20.0 square 'feet.
Said zotle classification also allows a, max.ùnwn lot coverage 6f
60%. Pursuant to section 20-54 FWCC the ,applicant is
proposing to cluster the lots on the 'south portion of the site
adjacetlt to South ]12th S'treet. Clustering is allowed for the
purpose of promoting open space and the protection of natural
features such as treesatld wetlatlds. However, the minimum
yard setback requiremetlts must be met as well as ~imum site
coverage requirements. The applicant has shown the building
setback lines for each lot on the face of the" I?~t.The
applicant is proposing lot sizes between 2,920 squarë -£eet and
6,700 square feet. Lot clustering will allow the preservation
of approximately ]8,775 square feet which includes a large
stand of trees in the northern portion. Preservation of the
trees provides a substantial buffer between the neighboring
subdivision to the north. II < J'.J! I I .,c..¡ 1
, -- II¡-e. >1~ <l<.1!(ZAl(. YVc..
Access to the site is provided by a rivat cul-de-sac (::¿,f ~
constructed to City of Federal Way standar s. Sidewalks will
be constructed on the private road as well as, along the
frontage of ]12th Street. Landscaping in the nature of a 20
foot Type III buff~r will be installed between the homes and
both South ]12th Street and ]rd Ct. South.
9.
lO.
Considerable test.ùnony from the applicant and residents of the
area concern the storm draia.age plan for the site. The
applicant presently proposes 'to collect the storm drainage a~
direct it through biofiltration, swaleE>tttIBIVe Teab
PAGEÆ...OF zJJ
/
c
Preliminary Plat of Blackberry Hill
I"WHE #94-09
May 3, 1994
Depression. A mitigating measure agreed to by the applicant in
the MONS requires that the applicant raise the storage
capacity of the Teabos basin and acquire easements from
impacted property owners. The applicant agrees to raise the
overflow level, but is concerned about obtaining easements
from affected property owners. Mitigat.ing measures imposed in
the MONS are not before the Examiner unless an appeal of the
.threshold determination is filed. In this instance no appeal
was filed, and therefore the Examiner has no authority to
change the. mitigating measure. However, since the City
contemplates the Teabos Depression as a regional facility as
opposed to a facility to serve this one development that the
.Wl city should consider assisting the .applicant in obtaitiing the
7f-------necessary easements. In the alternative the applicant would
zJ / retain storm water runoff on its own site. .
ll. The applicant completed and submitted a traffic impact
analysis which established that the site will not generate
more than ten. vehicle trips during the p.m. peak hour, and
therefore the City will require no traffic mitigation.
Residents of the site will have access to publiç transit.
rC.
12.
13 .
l4.
l5.
In accordance with section 20-155 (B) FWCC the applicant is
providing l5% of the gross land area of the plat as open
space. The applicant is also providing an. additional 23% of
the gross land area for open space for the purpose of tree
preservation. The total sum of open space equals 38%. the
plat will also provide 10% of the required 15% open space as
usable open space.
Both fire flow and domestic water are available to serve the
.site. The Federal Way Water and Sewer District wilr'provide
sanitary sewers as there is a sewer main in the South 312th
Street right of way.
The 1990 Federal way Comprehensive Plan designates the site as
Suburban Residential. This designation contemplates a
variety of housing types and choices and an economic use of
urban land to discourage sprawl. The proposed subdivision
meets the policies of the Suburban Residential category as set
forth in the Staff Report.
In association with the preliminary plat approval the
applicant is requesting to construct a .portion of the plat
roadway within the required setback from the wetland in the
Teabos Depression. section 22-1359 (D) FWCC allows the city to
approve a request to locate improvements within a wetland
setback if the applicant can establish that the six crite~ia
set forth therein are met. Findings req~){dtifE3Îlf cri~ia
[)^ f"'-J:: /I ()Ç ~
(
(
c
(
Preliminary Plat of Blackberry Hill
FWBE 1194-09
May 3, 1994
A.
are hereby made as follows:
B.
c.
C.
D.
E.
F.
16.
The location of the plat road within the wetland buffer
will not adversely affect water quality. The applicant
will collect the storm water drainage from the plat and
direct it to a biofiltration swale prior to discharge
into the Teabos Depression. Furthermore, the alter<;ltions
of the depression will not affect water quality.
The incursion into. the wetland buffer will not destroy
nor damage a significant habitat area. The wetland i~
presently criss-crossed by two driveways with a thud
driveway into the wetland setback. The latter-driveway
wi11 be the 10cation of the proposed plat road. The
buffer ~s vegetated with a1ders, b1ackberry bushes, and
grasses which are not good habitat.
There wi11 be no adverse affects on drainage or storm
water retention capabilities. The 'Teabos Depression has
adequate storage to retain the storm water runoff. The
app1icant has previously demonstrated to the satisfaction
of the city that discharge of the stormwater into the
depression will not create adverse affects.
(
Incursion into the buffer will not create unstable earth
conditions nor erosion hazards. Disturbed areas will be
'rep1anted with native up1and vegetation as required by
Section 22-1359 (e) FWCC. Erosion control methods in
accordance with Federal Way requirements will be ,required
during construction. . .
Reduction of the wetland buffer will not affect"~ãjacent
property owners nor the city as a whole. The area is not
considered open space and provides no scenic vistas.
Incursion of the wetland buffer is necessary for
reasonable development of the p.roperty. Allowing the
small incursion into the wetland setback will ultimately
resu.1t .in greater preservation of the natura1
environmental as it allows the applicant to retain
substantial trees in the open space on the i1orth portipn
of the plat.
Both the preliminary plat and the request for a reduction of
the wetland setback are subject to Process III review which
requires the Examiner to make a recommendation to the Federal
Way City Council which in turn makes the final decision.
Prior to making such recommendation, tl:\f~ust find
that both requests meet the Process II~miq~l..rr; h>r; "
PAGEjLOF ~
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,J
Pre~iminary Plat at Blackberry Bill
FWf:lE /194-09
May J, 1994
which are set forth in section 22-490(d) FWCC. Findings
required on each criteria are hereby made as follows:
A.
The proposed plat and setback reduction are consistent
with the Suburban Residential category of the Fedex;al Way
Comprehensive Plan. The Suburban Residential category
provides for a density of four to six units per acre
while the appli.canl:;'s proposal provides 4:7 units per
acre.
B.
The proposed plat and wetland buffer reduction are
consistent with all applicáble provisions of the Federal
Way City Code, including the zoning code, environmental
policy code, Methods to Mitigate Development Impacts
Code, and the Subdivision 'Code, and all other applicable
development codes and regulations.
(c
C.
Approval of the preliminary plat and wetland reduction
are consistent with the I?ublic health, safety, and
welfare. Approval of the plat will permit development of
the site consistent with the Suburban Residential
category of the Comprehensive Plan and RS-7. 2 zone.
The proposed preliminary plat meets the purpose of
subdivisions, as set forth in section 20-2 FWCC. Compliance
with all Federal Way Code provisions relating to plats ensures
that the criteria set forth in Section 20-2 are met. The plat
further meets the design criteria and development standards
set forth in Sections 20-151 through 20-157 and 20-178 thL:°ugh
20-187 FWCC as well as RCW 56.17. '
17.
IV.
CONCLUSIONS
,-
From the foregoing findings. the 'Hearing
following conclusions:
Exami.ner
makes
the
L
The Hearing Exami.ner has jurisdiction to consider and decide
the issues presented by this request.
2.
The proposed preliminary plat of Blackberry Hill satisfies all
requirements of the Federal Way city Code ,and is consistent
with the City of Federal Way Comprehensive Plan and meets all
requirements of the RS-7.2 zone classification. The proposed
plat also complies with all requir~ments of section 20-2 and
20-112 FWCC regarding subdivisions. Therefore, the proposed
preliminary plat should be approved.
,(
3.
The request for an incursion into the required wetland setback
meets the criteria set forth in Section ~xWI~lfCC' Ãd
..... ^ - r- I=-' r'\. 21ft
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(
PreLiminary PLat of BLackberry HiLL
I?WffE ~94-09
May 3, 1994
therefore should be approve~.
RECOHHENDATION:
It is hereby recommended to the City Council of the City of
Federal Way that the proposed preliminary plat of Blackberry aill
be approved. It is further recolDIIlended that the" request to incur to
the required wetland setback to allow construction of the plat road
be allowed~
(.
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EXHIBIT A
PAGEJ!LOF ~
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c.
:(
Pre~iminary Plat of ß~ackberry uill
I'WUE ~9t\-O9
May J, 1994
RIGHTS TO RECONSIDERATION AND CHALLENGE
VI.
(
~
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 Planning Department
within seven (7) calendar days after the date of issuance of the
Hearing Examiner's recommendation. The person requesting the
reconsideration shalf 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 hav~ a right to appeal under the Federal Way
zoning' Code, whether or not the recommendation will be
reconsidered. The Hearing Examiner may reconsider the
recommendation only if he or' she concludes that there is
substantial merit in the request. The process .of the
reconsideration will be followed in accordance with the Federal Way
zoning Code. The recommendation of the Hearing Examiner
may be challenged by. any person who is to receive a copy of that
recommendation pursuant to FWZC lSS.60.6. That challenge, in the
form of a letter of challenge, must be delivered to the Planning
Department 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.decision ot the Bearing Examiner denying the request
for reconsideration or the reconsidered recommendation. The letter
of challenge must contain a clear reference to the matter being
challenged and a statement of the specific factual fin~ngs and
conclusions of the Bearing Examiner disputed by. the person..tiling
the chaLlenge. The person filing the challenge shall include, with
the letter of appeal, the fee established by the City. The
challenge will not be accepted unless it is accompanied by the
required fee. The recommendation of the Bearing Examiner may be
challenged whether or not there' was a request to reconsider the
Bearing Examiner's recommendation.
EXHIBIT ~
PAGE 1$ OF ~
~
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EXHInIT "n"
(
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE REMAND MATTER OF:
BLACKBERRY HILL
PROCESS I II
FWHE#:
94-9
1. SUMMARY OF APPLICATION
( .
The applicant's preliminary plat application proposes to subdivide a 2.34 acre parcel into
eleven (11) single family residential lots. The plat has been configured as a cluster subdivision
as allowed for pursuant to section 20-154 Federal Way City Code. The application also requests
reduction of a 100-foot wetland buffer associated with a wetland that lies adjacent (west of the
subject parcel. .
c
IT. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
July 19, 1994
August 2, 1994
At the hearing the following presented testimony and ~vidence:
1.
Mike Thomas, City of Federal Way, 33530 1st Way South, Fed~râ1 Way, WA
98003' .
..
2.
Ron Garrow, Department of Public Works, City of Federal Way, 33530 1st Way
South, Federal Way, WA 98003
Tpm Touma, 15668 West Valley Highway, Seattle, WA 98188
3.
4.
Walter Schaéfer, 18000 72nd Avenue South, Suite 206, Kent, WA 98032
At the hearing the following exhibits were adnútted as part of the official record of these
proceedings:
1.
Staff Report with all attachments.
EXHIBIT~'.
PAGEÆOF~
CO~V
(
"'_~'",'m..~'_'~,~
Blackberry Hill/Process [
August 2, 1994
Page - 2
1.
2.
3.
4.
(.
Ill. 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.
The Community Development Department staff report sets forth general findings,
applicable policies and provisions in this matter, and is hereby marked as Exhibit I and
incorporated in this report by reference as though set forth in full herein.
AIl appropriate notices were delivered in accordance with the requirements of the Federal
Way Zoning Code.
On May 3, 1994, the Examiner issued a written recommendation to the City of Federal
Way City Council that the Blackberry Hill preliminary plat be approved. At its meeting
on June 7,1994, the City Council remanded the matter to the Examiner and requested that
additional consideration be given to the inipacts to the adjacent wetland in Teabos
Depression; to traffic and access; and storm drainage. Pursuant to the City Council's
remand, a public hearing was conducted to specifically consider said concerns. .Based
upon the testimony and evidence presented at said hearing, additional findings on each
concern are made hereinbelow.
IMPACfS TO ADJACENT WETLAND
5.
The Teabos Depression is very likely an artificial wetland created by the construction of
South 312th Street. Water backs up as a result of the fill placed in the depression to .
allow construction of South 3 12th Street. Section 22-1357 of the Federal Way City Code
(FWCC) requires a 100 foot buffertrom the wetland even though it is prob!1,bly artificially
created. .
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6.
There is not a 100 - foot buffer protecting the wetland at the present time, and even if the
plat access road were moved outside of the required wetland buffer, the 100-foot setback
would stiIl not be present. The wetland is presently crossed by an existing driveway with
a second driveway located five feet trom the edge of the sidewalk surrounding the
proposed cul-de-sac. These driveways will remain in their present location if the plat road
is moved to the eaSt away trom the wetland. Storm water presently drains directly from
the driveways into the wetland without pretreatment. Upon development of the plat the
stonn drainage will be collected in the plat road (w!ùch will replace the driveway parallel
to the wetland) and directed through a biofiltration swale prior to entering the wetland.
Thus, construction of the plat in its proposed configuration will mean the following:
EXHIBIT Ir
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c.
Blackberry HilVProcess III
August 2, 1994
Page - 3
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1.
An additional incursion into the wetland buffer of five feet in the area of the cul-
de-sac to accommodate a sidewalk;
2.
Improvement of water quality flowing into the wetland due to pretreatment and
a biofiltration swale.
Relocation of the road to the east property line would mean the following:
1.
Continuation of the present driveways and direct runoff trom said driveways into
the wetland.
2.
Loss of a significant stand of trees due to relocation of the plat lots-to the north
portion of the plat
TRAFFIC AND ACCESS
7.
A traffic impact analysis was prepared by the applicant and reviewed and approved by the
City Public Works Department The project does not generate more than ten p.m. peak
hour trips at any intersection identified in the City's six year transportation plan, and no
traffic mitigation measures are required. Access to all plat lots except one will be via 3rd
Court South, the proposed public road serving the plat Two private driveways presently
accessing 312th.Street and serving properties which are not part of the plat will also use
the plat access road, thus eliminating two accesses. '
(.
8.
South 312th Street is an east/west arterial which provides access to SR-99 to the east and
SR-509 to the west At the project site the road has three lanes including_.one through
lane in each direction and a center left turn'lane. Pedestrian sidewalks, bipyc1e path, and
curb and gutter are also present' According to Metro Transit, two bus rou~~JIIld a van
, pass in tront of the site. The bus routes operate Monday through Friday trom 5:40 a.m.
to 7:10 a.m. and trom 3:30 p.m. to 5:45 p.m. The van operates from 8:00 a.m. to 3:30
p.m. Mönday through Friday and trom 10:40 a.m. to 5:25 p.m. on Saturday. There are
bus stops along both sides of 312th Street in the vicinity of the plat. Accident data
reveals a total of 23' accidents on South 312th Street between 1st Avenue South and 8th
Avenue South in a three year period.
9.
The site is anticipated to generate 96 average weekday vehicle trips, eight of which will
occur during the morning peak hour and eleven during the evening peak hour. Impact
analyses were performed at'the South 312th Street/1st Avenue South and South 312th
Street/8th Avenue South intersections. Both of these intersections are presently operating
at level of service (LOS) D and will continue to do so following build-out of the proposed
subdivision, The intersection of South 312th Street and the plat road itself will operate
EXHIBIT A
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Blackberry HilllProcess III
August 2, ¡ 994
Page - 4
10.
11.
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12.
at LOS "C". It is anticipated that 75% of the plat traffic will travel eastbound on South
3 12th Street and 25% westbound toward 1st Avenue South.
STORM DRAINAGE
The applicant is proposing to direct plat storm water into the Teabos Depression wetland
as opposed to constructing a storm water detention pond on site. A storm drainage study
conducted by the applicant and verified by a separate study performed by the City
establishes that storm drainage trom the site following the most severe storm (a 100-
year/24 hour storm) will raise the level of water in the Teabos Depression by less than
1/2 inch. Storm w¡¡.ter runoff trom the entire drainage basin will raise the level of water
by three inches following such a storm event The depression has 3-1/2 feet of treeboard
before cresting or threatening the nearest structure.
The City is benefitted by allowing the applicant to discharge storm water into the Teabos
Depression. The applicant is required to secure easements trom adjacent property owners
for the benefit of the City. The applicant is spending thousands of dollars to acquire these
easements which will then allow the Teabos Depression to become à regional storm
drainage facility. If the applicant is unable to secure said easements, then the applicant
must provide its own storm water detention pond.. .
The Teabos Depression is currently operating as a de facto regional drainage facility in
that the plat of Parkwood Campus to the north of the site uses said depression for storm
water detention in the same manner as the applicant is proposing. Parkwood Campus.
excavated part of the depression to provide compensating storage for its development. 1:"b.e
Blackberry Hill plat does not need to excavate for compensating storage sin~ it is raising
the outlet control which also provides additional storage with no<:lanßer to abutting
properties. .
.."-
13.
Flooding occurs along 1st Avenue South by the Federal Way Fire Station. The impact of
plat development on this flooding was considered in the.applicant's drainage report. The
report established that storm drainage trom the plat will not exaggerate the existing
flooding condition. To the contrary, the applicant's modifications to the outlet control
structure will help mitigate the existing flooding problem. Furthermore, said flooding is
identified as a Surface Water Division capital project
CLUSTER SUBDMSION
14.
Section 20-154 FWCC allows cluster subdivisions in order to "promote open space and
the protection of natural features such as trees and wetlands." Said section authorizes the
reduction of lot sizes and the placement of residential dwellings in clusters. However, the
EXHIBIT h
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Blackberry Hill/Process III
August 2, 1994
Page - 5
minimwn yard and setback requirements must, and building setback lines for each lot
must be shown on the face of the subdivision plat. The open spaces and protected areas
are prohibited from further subdivision or development by covenants filed and recorded
with the final plat.
l5.
Section 20-155 FWCC specifically sets forth stands ofIarge trees as a natural or physical
amenity which should be protected by cluster development.
16.
The Washington Supreme Court has encouraged the clustering of development in an effort
to protect environmentally fragile areas and natural amenities. In ruling on a planned unit
development (PUD) which is a method of allowing smaller lot sizes, the court. stated in
The Estate of Friedman v. Pierce County. 112 Wn. 2d. 68 (1989), as folloWs:
(
A PUD aclúeves flexibility by permitting specific modifications of
the usual zoning standards as applied to a particular parcel...One
benefit of the PUD is that "buildings may be clustered in the most
advantageous locations while environmentally fragile areas and
natural amenities. are left undeveloped....Large open areas useful for
natural amenity and active and passive recreation. can be retained
yñthout sacrificing developing intensity." R. Settle, Waslúngton
Land Use and Environmental Law and Practice. Section 2.12 (c),
at 68 (1983)..."[A PUD] permits the developer of a qualifying site
to be dispensed trom otherwise applicable zoning regulations in
exchange for submitting to detailed, tailored regulation. The
developer gains choice; the public gains precise control." R.. Settle, .
Section 2.12 (c) at 68. 112 Wn. 2d. 68 at 82.
(,
..
Section 20-154 FWCC authorizes a clustered subdivision similar to a PUD as was
discussed by the court. Suèh developments are favorably viewed by the courts and land
use experts. In the case ófLutz v. Longview. 83 Wn.2d. 566 (1974), our court discussed
the difference between a subdivision developed under traditional zoning and a subdivision
developed under a planned unit development as follows: .
Traditional Zoning has had the virtue of certainty and the handicap
of rigidity. A designated zone authorized certain uses, and no
others, absent a variance. While a rezone into a more permissive
class might accommodate a desirable use, it might also allow an
undesirable one. [n short, the zoning authority was unable to tailor
a specific desirable development to a particular tract of land if it
involved uses which might cut across a number EXHe,BIT A
PAGE~OF Z:I
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Blackberry HilllProcess III
August 2, 1994
Page - 6
classifications - unless the tract were rezoned to accommodate the
most liberal element. In contrast, the POO achieves flexibility by
permitting specific modifications of the customary zoning standards
as applied to a particular parcel. The developer is not given cart
blanche authority to make any use which would be permitted under
traditional zoning. 83 Wn. 2d. 566 at 568.
In the Lutz case the PUD involved .development of two multi-family buildings on a large
parcel of property leaving a substantial portion of the site in open space.
17.
In the present case, the applicant proposes eleven single family residential lots in the south
portion of the plat. The applicant is retaining a large tract of open space which contains
a significant stand of trees in. the north portion of the site. Such provides a significant
benefit for both abutting properties and the rommunity in general. Development of the
plat as proposed improves the quality of water entering the wetland by pretreating. storm
water through a biofiltration swale. Traffic safety is improved by eliminating driveway
accesses from South 312th Street, while at the ~ same time contributing insignificant
additional traffic on said road. Development of the plat as proposed also provides .the
City an opportunity to acquire at no expense a regional detention facility of more than
sufficient size to serve the entire Teabos Depression drainage area, and in addition, to .
require improv~ments to the outlet which will aid downstream flooding.'
IV. CONCLUSIONS
From the foregoing findings the Hearing Examiner makes the following conclusions:
1.
2.
3.
The Hearing Examiner has jurisdiction to consider and decide the issues presented by this
request. .
The preliminary plat of Blackberry HilI satisfies the criteria set forth in Sections 20-154
and 20-155 FWCC such that a clustered subdivision should be approved.
The applicant has adequately mitigated wetland impacts, traffic concerns, storm drainage,
and down stream flooding.
RECOMMENDATION:
The City Council should approve the proposed preliminary plat of Blackberry HilI in its
present configuration.
EXHIBIT A
PAGE 11 OF
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Blackberry HilllProcess III
August 2, 1994
Page - 7
(
DATED THIS :¿dl DAY OF August, 1994...
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EXHIBIT A
PAGE ~ OF 2,f$
/
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
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
o,f 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 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 ~nd conclusions of the Hearing Examiner disputed by the
person filing the challenge. The person filing the challenge shall
include, with the le.tter 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 rêconsider
the Hearing Examiner's recommendation. Any challenge of the
Hearing Examiner's recommendation will be heard by the Feàeral Way
City Council.
EXHIBITJ
PAGE~OF ~
" {;AN -WES HOMES, INC~
(. 18000 72ND AVENUE SOlITH. SUITE 206
KENT, W ASH!NGfON 98032
PHONE: (206) 251-4020
FAX: (206) 251-4021
EXHIBIT C
August 18, 1994
City Council of Federal Way
33530 1st Ave. S.
Federal Way, WA 98003
To City Council:
This letter is presented to help you understand our reasons for designing the plat the way
we did and to clear up some points.
(
1. It was suggested at the last council meeting that the lots should have been clustered in
the back of the property instead of the tront. We clustered them in tront because there
were few trees in fÌont and mostly blackberry bushes and brush, while in the back
there is a beautifitl stand of conifer trees that we wish to preselVe. See the attached
tree inventory.
2. We could have done a conventional subdivision using all the land. In fact the code
requires that we demonstrate our ability to do that before we could use the cluster
method. See "Alternative B 7200 Sq. Ft." attached.
3. The 'il/teflt' of the cluster method was brought up at the last meeting. The code for a
cluster subdivision as referenced by FWCC 20.154 is as follows:
III order to promote open space and the protection of natural features such as trees
and wetlands, lots may be reduced in size and placed in clusters on the site.
Lots created in a cluster subdivision may be reduced in size below the minimum
required in the Zoning Code provided that minimum yard and setback
requirements are met. Building setback lines for each lot shall be shown on the
face of a cluster subdivision plat.
Open space - created by cluster subdivisions shall be protected fÌom further
subdivision or development by covenants filed and recorded with the final plat of
the subdivision.
EXHIBIT h
PAGE~OF z.r
.,.
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Page 2.
City Council of Federal Way
August 18, 1994
4. We have been working with staff for two years and four months in an effort to work
out all the problems. The design has been changed many times already.
5. One council person suggested we move Lot 2 back and create an open space buffer.
We thought that was a good idea so we are revising our design by moving Lot 2 back
20 feet. There is already a buffer about 14 feet in back of the side walk that is part of
the right of way. This will make a total of 34 feet of buffer where we will place an
entrance monument on the 20 feet. We will landscape the 34 foot entrance buffer and
provide for a homeowner's association to maintain the buffer. We will do the same on
the Citýs side of the entrance provided the City grants a 20 foot easetnent for the
purpose. By this action it will provide the suggested buffer and keep the brush and
blackberry bushes £rom blocking the visual problem for vehicles exiting onto South
3 12th. Our revised plan is attached.
c.
6. We think that this plat will enhance the area, improve the existing access for property
owners, and improve the water quality entering the wetland. TIiis project will also
provide a regional storm water holding pond for the City, and preselVe a beautiful
stand of large trees, expand sewer access to other properties adjacent to this location
that are currently using septic systems. There has been no opposition £rom the public
or other regulatory bodies to this plat.
We respectfully request that you approve this plat as amended and grant us an easement
so that we can create a beautifully landscaped entrance.
Sincerely Yours,
~~
Walt Schaefer, Vice President
Enc.
c:
Mike 1110mas, City of Federal Way Planner
Touroa Engineers
File
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A PORTION OF 1HE N.W. 1/4 OF SEC1lON 8, TOWNSHIP 21 N., RANGE 4 E., WM
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING THE FINAL PLAT
OF BLACKBERRY HILL, FEDERAL WAY FILE NO. SUB 98-
0002.
WHEREAS, the preliminary plat for Blackberry hill, City
of Federal Way File No; SUB 92-0004 was approved on September 6,
1994, by Federal Way Resolution No. 94-182; and
WHEREAS,
the
applicant
has
satisfied
all
of
the
conditions set forth in Resolution No. 94-182 and in the August 12,
1996, Recommendation of the Federal Way Hearing Examiner; and
WHEREAS, the applicant has submitted the application for
final
plat
for Blackberry Hill
within
the
required
time
of
receiving approval for the above referenced final plat; and
WHEREAS, city of Federal Way Department of Community
Development Services staff, has reviewed the proposed final plat
for its conformance to the conditions of the preliminary plat and
the Federal Way Hearing Examiner; and
WHEREAS,
the
Land
Use
and
Transportation
Council
Committee considered the application for final plat of Blackberry
Hill at its November 2, 1998 meeting and recommended approval by
the full City Council;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY
RESOLVES AS FOLLOWS:
Res. #-----' Page 1
EXHIBIT f
PAGE._t_OF
C/
Section 1.
FindinGs of Fact.
Condi tions and Conclusions.
1.
The final plat for Blackberry Hill, City of Federal Way
File No SUB98-0002 is in substantial conformance to the preliminary
plat and is in conformance with applicable zoning ordinances or
other land use controls in effect at the time of the substantially
complete application.
2.
All conditions as listed in the Federal Way Resolution
No.
94-182
and
the
conditions
in
the
August
12,
1996,
Recommendation of the City of Federal Way Hearing Examiner, have
been satisfied, and/or satisfaction of the conditions have been
sufficiently guaranteed by the applicant as allowed by Federal Way
City Code section 22-133.
3.
All required improvements have been made and sufficient
bond, cash deposit, or assignment of funds have been accepted, or
will be accepted, prior to recording by the City of Federal Way as
financial
guaranty
for
maintenance
of
all
required
plat
improvements.
4.
All taxes and assessments owing on the property being
subdivided have been paid, or will be paid prior to recording the
final plat.
Res. #-----' Page 2
EXHIBIT ~
PAGE~OF 'I
Section 2.
ADDlication aDDroval.
Based
upon
the
Findings of Fact,
the
final plat of Blackberry Hill,
City of
Federal Way File No SUB98-0002 is approved, subject to satisfaction
of the maintenance conditions that are required by the city.
Section 3.
Recordina.
The approved and signed final
plat,
together with all legal instruments pertaining thereto as
required pursuant to all applicable codes, shall be recorded by the
applicant in the King County Department of Records. All recording
fees shall be paid by the applicant.
Section 4 .
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
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
day of
, 1998.
Res. #-----' Page 3
EXHIBIT €
PAGE~~_OF t{
CITY OF FEDERAL WAY
MAYOR, RONALD GINTZ
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
K, \RESO\FORM, II \20\97
Res. #-----' Page 4
EXHIBIT E'
PAGE-LOF -L
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.
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EY~INER
IN THE MATTER OF:
BLACKBERRY HILL UTILITY
PROJECT
PROCESS II
FWHE# 96-12
UPR95-0033
I. SUMMARY OF APPLICATION
The applicant proposes to locate a sanitary sewer line and a biofiltration swale within a
wetland buffer associated with two wetlands found in what is known as the Teabos Depression
(Exhibit A).
IT. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
July 30, 1996
August 12, 1996
At the hearing the fol1owing presented testimony and evidence:
.
1.
Michael Thomas, Senior Planner, City of Federal Way
2.
Walt Shaffer, Applicant
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1.
Staff Report with all attachments
ill. FINDINGS
1.
The Hearing Examiner has heard testimony, viewed the premises, 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.
3.
All appropriate notices were delivered in accordance with the requirements of the Federal
Way City Code.
.
4.
A Mitigated Determination ofNonsignificance was issued by the Environmental Official
EXHIBIT l'
PAGE_LOF
if
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on May 25, 1996, There was no appeal of said determination.
5.
The plat Blackberry Hill which is situated on a 2.34 acre parcel immediately east of the
subject property received preliminary plat approval on September 6, 1994. At the time
of preliminary plat approval the City Council also approved, as part of the resolution, a
reduced wetland setback to allow for the location of a cul-de-sac which will serve the
subject plat. The approved design of the preliminary plat had the biofiltration swale
located in the northwest portion of the site, The sanitary sewer line was to be extended
trom the. south under S. 312th St. and across to the plat preliminarily within the street
right-of-way. The applicant is now requesting to locate the biofiltration swa1e and a
portion of sanitary sewer line in a different location than what was previously approved.
In order to locate the proposed facilities within the wetland buffer, the applicant's
. proposal must be reviewed and approved under the City's land use review Process II. The
decisional criteria for the Process II review is set forth in Federal Way City Code Section
22-1359(D). The criteria is as follows:
A.
The proposal will not adversely affect water quality. The location of the sewer line
and biofiltration swale within the wetland buffer will not adversely affect water
quality. Run-off from the plat and cul-de-sac will either be directed through The
biofiltration swale prior to discharge into the Teabos depression or be routed in
catch basins equipped to cleanse the run-off. To prevent against possible breakage
and contamination of surface water, the applicant will be required to use Ductile
Iron for any portion of sanitary sewer line located in the wetland buffer.
B.
The proposal will not destroy or damage the significant habitat area. The buffer
is vegetated by alders, blackberry bushes, scotch broom, and invasive grasses
which provide little habitat value. The addition of native plants and shrubs as
identified in the mitigation plan will provide the potential for increasing habitat
value and therefore the proposed intrusion will not adversely affect, destroy, or
damage a significant habitat area. .
C.
The proposal will not adversely affect drainage or storm water retention
capabilities. The Teabos depression has the capacity to adequately retain storm
water run-off from the surrounding properties and therefore the intrusion will not
adversely affect the drainage or storm water retention capabilities.
D.
The proposal will not lead to unstable earth conditions nor create erosion hazards.
Those areas disturbed by earth work to install the sanitary sewer by a biofiltration '
swale are required to be replanted with vegetation to reduce the potential for
erosion or sloughing. Any earth work must adhere to engineering standards
adopted by the city and therefore the intrusion does not appear to lead to unstable
earth conditions nor create erosion hazards.
E.
The proposal will not be materially detrimental to any other property in the area'
of the subject property nor to the city as a whole including loss of significant open
spaces or scenic vista. The site does not represent significant open space nor does
EXHIBIT ~
PAGEkOF 1/
.
.
(
(
-3-
it provide an opportunity to view scenic vistas. The proposed facility is designed
to minimize any affect on adjacent property owners.
F.
It is necessary for reasonable development of the subject property. The proposal
to relocate the plat's detention pond and sanitary sewer line is driven by several
factors including, but not limited to, the fact that the applicant would have to sink
the proposed biofiltration swale on the plat to a depth where it could effectively
collect storm water from the plat resulting in a large hole prohibiting access for
maintenance. The proposed location also provides for easy maintenance access
and lesser earth work and therefore appears to be necessary for reasonable
development of the subject property. .
6.
. Prior to obtaining Process II approval, the applicant must establish that the proposal
satisfies the criteria set forth in Section 22-443(C). Findings on each of the criteria set
forth therein are hereby made as follows:
A.
The proposal is consistent with the comprehensive plan. The application is
consistent with the comprehensive plan policies of mitigating for impacts caused
by development and using wetlands as regional storage facilities to promote
aquifer recharge (See NEP II, NEP 37, NEP 41, NEP 42, LUP 7).
B.
The proposal is consistent with all applicable provisions of the code including
those adopted by reference from comprehensive plan in accordance with .the
adopted administrative procedures. The City's Development Review Committee
reviewed the proposal for conformance with all codes including provisions of
FWCC Section 22-139 regarding intrusions into wetlands and found that with
conditions it would be consistent with applicable provisions of the code.
C.
The proposal is consistent with the public health, safety, and welfare. The review
of the project did not identify any affects on the public health, safety, and welfare.
The areas of primary concerns such as water quality and loss of wetland and
buffer have been reviewed and mitigated through the applicant's development of
a mitigation plan.
IV. CONCLUSIONS
From 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
request.
2.
The applicant's request to locate a sanitary sewer line and a biofiltration swale within a
wetland buffer with two wetlands found in what is known as a Teabos depression should
be granted subject to the following conditions:
A.
The applicant must secure from the City of Federal Way, Department of Public
EXHIBIT f ,
PAGE 3 OF-Ï-
!
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B.
DECISION:
8.
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Works, Surface Water Division, an easement 'for placement of the sanitary sewer
line and biofiltration swale.
To guard against breakage anà possible surface water contamination the diagonal
portion of the sewer line (that section that traverses through the wetland buffer)
must be constructed of ductile iron.
The applicant's proposal to locate a biofiltration swale and sewer fille within a wetland
buffer area should be approved.
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