Res 01-335
RESOLUTION NO. 01-335
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE PRELIMINARY PLAT OF STAR LAKE
VISTA, FEDERAL WAY FILE NO 99-100613-00-SU.
WHEREAS, the applicant ESM Consulting Engineers, serving on behalf of owner
Schneider Homes, applied to the City of Federal Way for preliminary plat approval to subdivide
certain real property known as Star Lake Vista and consisting of 4.63 acres into eighteen (18) single
family residential lots located north of South Star Lake Road and 25th Place as extended; and
WHEREAS, on May 20, 2000, a Mitigated Environmental Determination of
Nonsignificance (MDNS) was issued by the Director of Federal Way's Department of Community
Development Services pursuant to the State Environmental Policy Act, RCW 43.2lC, and no one
appealed the MDNS; and
WHEREAS, the Federal Way Land Use Hearing Examiner held a public hearing on
December 5, 2000, concerning the preliminary plat of Star Lake Vista; and
WHEREAS, following the conclusion of said hearing, on December 19. 2000, the
Federal Way Land Use Hearing Examiner issued a written Report and Recommendation containing
findings, conclusions, and recommending approval of the preliminary plat of Star Lake Vistasubject
to conditions set forth therein; and
WHEREAS, on January 22, 2001, the City Council Land Use and Transportation
Committee considered the record and the Hearing Examinerrecommendationand voted to forward a
recommendation for approval of the proposed Star Lake Vista preliminary plat to the full City
Council, with no changes to the Hearing Examiner recommendation; and
Resolution# 01-11';
,Pagel
rc~~r
WHEREAS, the Federal Way City Council hasjurisdictionandauthoritypursuantto
Section 20-127 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or
its conditions; and
WHEREAS, on February 6, 2001, the City Council considered the written record and
the Recommendation of the Hearing Examiner, pursuant to Chapter 20 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. Adoption of Findings of Fact and Conclusions.
1.
The findings of fact and conclusions of the Land Use Hearing Examiner's
Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby
adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to be
a conclusion, and any conclusion deemed to be a finding shall be treated as such.
2.
Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing
Examiner's recommendation, and conditions of approval as established therein, the proposed
subdivision makes appropriate provisions 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 waste, parks and recreation, play grounds, and schools and school grounds,
and all other relevant facts as are required by City Code and State law, and provides for sidewalks
and other planning features to assure safe walking conditions for students who walk to and from
schooL
Resolution# 01-335 , Page 2
3.
The public use and interest will be served by the preliminary plat approval granted
herein.
Section 2. Application Approval. Based upon the recommendation of the Federal Way Land
Use Hearing Examiner and findings and conclusions contained therein as adopted by the City -
Council immediately above, the preliminary plat of Star Lake Vista, Federal Way File No. 99-
1O0613-00-SU, is hereby approved, subject to conditions as contained in the Recommendation of
the Federal Way Land Use Hearing Examiner dated December 19,2000 (Exhibit A).
Section 3. Conditions of Approval Integral. The conditions of approval ofthe preliminary
plat are all integral to each other with respect to the City Council finding that the public use and
interest will be served by the platting or subdivision of the subject property. Should any court having
jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the
proposed preliminary plat approval granted in this resolution shall be deemed void, and the
preliminary plat shall be remanded to the 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 such 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.
Resolution# 01-335
, Page 3
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 resolutionshall be effective immediately upon passage by the
Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
THIS -1ititDA Y OF
February
,2001.
CITY OF FEDERAL WAY
~. 1aLd: ~
CITY CLERK, N. CHRISTINE GREEN, CMC
ApPROVED AS TO FORM:
'¡Øvr;~~
CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK: 01/30/01
PASSED BY THE CITY COUNCIL: 02/06/01
RESOLUTION No. 01-33')
,,",'m""O #13213
Resolution# 01-335
, Page 4
Page - 1
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF:
)
)
PRELIMINARY PLAT OF STAR LAKE)
VISTA )
)
)
)
)
)
FWHE#00-29
SUB99-0001 (99-1 00613-00-SU)
PROCESS IV
I. SUMMARY OF APPLICATION
The applicant proposes to subdivide a vacant 4.63 acre lot into 18 residential single-
family lots, each having a minimum of 7,200 square feet.
II. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
December 5, 2000
December 18, 2000
At the hearing the following presented testimony and evidence:
1.
2.
3.
4.
5.
Deb Barker, City of Federal Way
Stuart Scheurman, Applicant
Ken Peckham
Sarady Long
Dennis Alfredson
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1.
2.
Staff Report with all attachments
Copy of Deb Barker presentation
II A
D1'ITBlT I(
Page - 2
III. FINDINGS
1.
The Hearing Examiner has heard testimony, 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 (FWCC).
4.
The applicant has a possessory ownership interest in a generally rectangular, 4.63
acre parcel of unimproved property within the City of Federal Way. The parcel
extends between the west right of way line of Interstate 5 and the east right-of-way
line of South Star Lake Road, a minor arterial. The applicant requests preliminary
plat approval to allow subdivision of the site into 18 single family residential lots, a
storm detention tract, a pedestrian access tract between the internal plat road and
Mark Twain Elementary School, and a ten foot wide landscape tract or area
adjacent to 1-5. The plat proposes a minimum lot size of 7,200 square feet and an
average lot size of 7,575 square feet.
5.
The preliminary plat map shows a single access road extending east from South
Star Lake Road and terminating in a cul-de-sac. The 25,253 square foot, storm
water detention tract is located in the northwest corner of the plat, and the
pedestrian access extends to the elementary school between lots 14 and 15 in the
western portion of the plat. The applicant also proposes an asphalt pedestrian path
adjacent to South Star Lake Road extending from the north side of the plat road to
the entrance to the elementary school and a crosswalk accessing a school bus stop.
All lots access from the internal plat road.
6.
The site and abutting properties to the north, south, and west are all located within
the Single Family Residential-High Density designation of the City of Federal Way
Comprehensive Plan and the Single Family Residential (RS-7.2) zone classification
of the Federal Way City Code (FWCC). All lot sizes meet or exceed the minimum
authorized in the RS-7,2 zone classification of 7,200 square feet. The Mark Twain
Estates Single Family Subdivision abuts the south property line and Scarbrough
Division I, another single family subdivision, abuts the west side of South Star Lake
Road opposite the site. Mark Twain Elementary School abuts the north property
line, and Interstate-5 abuts the east property line. The proposed preliminary plat fits
Page - 3
7.
8.
9.
10.
11.
12.
well with the community.
The 1973 King County Soils Survey Map shows Alderwood gravelly sandy loam and
Alderwood Kitsap soils at depths of 24 to 40 inches. Below said depth, the soils
change to relatively impermeable glacial till. Soils on the site will support urban
development.
According to the SEPA checklist, 38% of the site has slopes less than 10%, and
53% of the site has slopes between 10% and 25%. A 1,121 square foot area
located along the north (rear) property lines of proposed lots 15, 16, and 17 has
slopes greater than 40%. Slopes in excess of 40% are regulated by Section 22-
1286 FWCC and a geotechnical analysis will be required if development or land
surface modification activities occur within 25 feet of said steep slope areas.
The site contains wooded vegetation, primarily consisting of mature firs, alders, and
maple trees with a native understO1y of shrubs. Of the eighty on site trees meeting
the definition of .significant", 26% are proposed for removal. The applicant must
comply with requirements of the Significant Tree Ordinance. No plant or animal
species of concern have been observed at the site.
The comprehensive plan classifies South Star Lake Road as a principle collector
street which requires a 60-foot wide right of way. The intemal plat road, South 275'"
Place, will be a cul-de-sac road and will have a right-of-way width of 52 feet.
Improvements to the internal plat road include 28 feet of pavement, vertical curb,
gutters, street trees, sidewalks, landscape strips, and a landscape island in the
center of the cul-de-sac. The applicant will also dedicate nine feet of right of way
for South Star Lake Road.
The applicant will construct five foot wide sidewalks on both sides of South 275'"
Place and half street improvements on South Star Lake Road which will include an
eight foot wide sidewalk on the east side of the street across the plat frontage. The
applicant will also provide an eight foot wide, paved, walking path from the north
side of the internal plat road along the east side of South Star lake Road to the
elementary school driveway and the crosswalk that connects to the junior high and
high school bus stop on 25'" Drive South.
Other than the street improvements to South Star Lake Road, no other road
improvements are necessary as all other roads within the area are adequate to
handle the traffic generated by the subdivision. The City environmental official has
determined that the project will not impact any traffic improvement projects identified
Page-4
13.
14.
15.
16.
17.
in the City Transportation Improvement Plan.
Elementary school children will walk to Mark Twain Elementary which abuts the
north property line, but junior and senior high students will walk to a bus stop at the
intersection of South Star Lake Road and 25'" Drive South. The walking route from
the subdivision to the bus stop is presently via a substandard roadway including a
gravel shoulder and ditches. As previously found, the applicant will install an
improved pedestrian corridor from the subdivision to the school bus stop. The
applicant must also comply with the City School Impact Fee Ordinance and make
a payment of 2,203.00 per single family housing unit to offset the impacts to the
Federal Way School District of school age children residing in the plat.
Section 20-155(B) FWCC requires the plat to set aside 15% of the gross land area
of the subdivision site for open space. However, in accordance with said section,
the applicant has elected to pay a fee-in-lieu of providing said open space.
The Highline Water District will provide both domestic water and fire flow to the site,
and the Lakehaven Utility District will provide sanitary sewer service to each lot.
The storm drainage system shows storm water collected from buildings and streets
and conveyed through a pipe system to the on site storm water detention facility
and a water biofiltration swale within Tract "A" at the northwest corner. The storm
water will discharge to culverts on South Star Lake Road which will direct the water
eventually to the headwaters of McSorley Creek located within the City of Kent. The
City has identified downstream conveyance problems along South Star Lake Road,
and the City of Kent has identified capacity and conveyance problems in the
McSorley Creek watershed. The Cities of Federal Way and Kent have entered into
an interlocal agreement designating the Star Lake Road drainage sub-basin as a
Level III flow control area per the 1998 King County Surface Water Design Manual.
The Manual requires the applicant to design the storm water detention facility to the
Level III flow control standard. The storm water design and plat drainage elements
must meet applicable City storm water regulations.
At the hearing the applicant questioned the necessity of providing a 20 foot wide
pedestrian access from the plat road to the elementary school, asserting that a 10
to 12 foot wide path should be adequate. Section 20-156 FWCC addresses
pedestrian and bicycle access. Said section states in pertinent part as follows:
(a)
In addition to the sidewalks required in section 22-1471
regarding requirements to rights-of-way and vehicular
Page - 5
18.
19.
easements, pedestrian and bicycle access should be provided
for established or planned safe school routes, bikeways, trails,
transit stops, and general circulation.
(b)
Pedestrian and bicycle access shall be crovided in 20 feet of
dedicated right of way. Paved width shall be 12 feet....
Thus, the FWCC specifically requires pedestrian and bicycle pathways within a 20
foot wide, dedicated right-of-way.
The Examiner questioned the necessity of both a pedestrian corridor to the
elementary school and a walkway along South Star Lake Road to the elementary
school driveway (two paved walkways to the school). However, review of the staff
evaluation for the environmental checklist establishes that the 20 foot wide
pedestrian corridor provides access for students to the elementary school without
having to walk along a busy arterial. The pedestrian corridor along South Star Lake
Road provides a safe walking condition for senior and junior high students to the
bus stop at the intersection of South Star Lake Road and 25'" Drive South.
The applicant requested authority to perform mass grading on the site. However,
the applicant's grading plan, reviewed and approved by the City, shows grading for
roads and utilities only. Staff stated that mass grading could be considered under
unusual circumstances, but that none exists on the present site. Both sides refer to
Section 20-179 FWCC as setting forth grading requirements, and said section
states:
All natural vegetation shall be retained on the site to be subdivided
except that which will be removed for improvements or grading
approved in the preliminary subdivision or short subdivision.
Along with its application for preliminary plat approval, the applicant submitted its
grading plan showing grading for roads and utilities only. If the applicant now
desires to mass grade the site to include the road, utilities, and building pads, it
should request that the record remain open for submittal of a revised grading plan
and review by the City. Furthermore, the environmental official in performing SEPA
review evaluated the applicant's environmental checklist which, in response to the
question regarding the purpose, type, and approximate quantities of filling and
grading, stated:
Road and minor lot grading is anticipated on the site....
Page - 6
Road and minor lot grading does not constitute mass grading as described by the
applicant. Therefore, unless the applicant submits a new grading plan as part of the
preliminary plat review process, the Examiner cannot alter the approved grading
plans.
20.
The applicant requested that the landscape tract not be placed in a separate tract,
and questioned how the homeowner's association would access said tract to
maintain the landscaping. Staff responded by stating that Section 20-178 FWCC
requires the landscaping in a separate tract. Section 20-178 states:
(a)
Subdivision design should provide ample buffers to shield new
residences from arterial streets, or established land uses
adjacent to the subdivision, under the provisions of sections
22-1572 through 22-1575 regarding landscaping as follows....
Neither Section 20-178 nor Article XVII FWCC entitled "Landscaping" contains a
requirement that landscaping buffers be dedicated to the homeowner's association.
The Examiner could find no code sections requiring landscape dedications,
easements, etc. However, Section 22-1563 FWCC states in part:
(a)
No permits shall be issued to erect, construct or undertake any
development project without prior approval of a landscape plan
by the department of community development.
The question then is whether the Department has authority to require that
landscaping be located in tracts owned by the homeowner's association.
21.
The Washington Supreme Court in Hama Hama v. Shorelines Hearinas Board,
85 Wn. 2d 441 (1975), set forth rules for interpreting ambiguous statues. The Court
held as follows:
Finally, when a statute is ambiguous-as in the instant case-there is
the well known rule of statutory interpretation that the construction
placed upon a statute by an administrative agency charged with its
administration and enforcement, while not absolutely controlling upon
the courts, should be given great weight in determining legislative
intenLAt times, administrative interpretation of a statute may
approach "lawmaking," but we have heretofore recognized that it is an
appropriate function for administrative agencies to "fill in the gaps"
Page - 7
where necessary to the effectuation of a general statutory scheme...lt
is likewise valid for an administrative agency to "fill in the gaps" by a
statutory construction - as long as the agency does not purport to
"amend" the statue. 85 Wn. 2d 441 at 448.
In the present case, the Department of Community Development Services has "filled
in a gap" in the FWCC as the landscaping requirements do not address ownership
of landscaping tracts. The Washington Supreme Court would consider the
Department's interpretation the same as it did the Department of Ecology's
interpretation of the Shoreline Management Act in Hama, supra.:
In particular, we think it cannot be said convincingly that these
agencies have arrogantly overstepped their proper functions by
purporting to "amend" the SMA. On the contrary, these agencies
have simply interpreted the conflicting provisions of the SMA in
harmony with the policy objectives to be effectuated by this
legislation. 85 Wn. 2d 441 at 448, 449.
Thus, the landscape tract will be held in the ownership required by staff as part of
the landscape plan. However, the Examiner would refer the applicant and staff to
Section 22-1570 FWCC entitled Modification Options.
22.
Prior to obtaining preliminary plat approval, the applicant must establish that the
request satisfies the criteria set forth in Section 20-126(c)FWCC. Findings on each
criteria are hereby made as follows:
A.
As previously found, the project is consistent with the Single Family-High
Density designation of the comprehensive plan.
B.
The proposed plat complies with all applicable provisions of the FWCC
including those adopted by reference from the comprehensive plan to include
Chapter 18, Environmental Policy; Chapter 20, Subdivisions; and Chapter
22, Zoning.
C.
The project is consistent with the public health, safety, and welfare and
makes appropriate provision for open spaces, drainage ways, streets, roads,
alleys, other public ways, fire protection, sanitary waste, potable water,
schools and school grounds, safe walking conditions, and parks and
playgrounds.
Page-8
D.
The project is consistent with the design criteria set forth in Section 20-2
FWCC, subject to compliance with conditions of approval.
The project also complies with development standards set forth in Sections
20-151-157 and 20-158-187 FWCC.
E.
IV. CONCLUSIONS
From the foregoing findings the Hearing Examiner makes the following conclusions:
1.
2.
3.
4.
The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
The proposed preliminary plat of Star Lake Vista is consistent with the City of
Federal Way Comprehensive Plan and meets all bulk regulations of the RS 7.2
zone classification.
The proposed preliminary plat satisfies all criteria set forth in Section 20-126 (c)
FWCC and will serve the public use and interest by providing an attractive location
for a single family residential subdivision adjacent to an elementary school.
Therefore, the Federal Way City Council should approve the preliminary plat of Star
Lake Vista subject to the following conditions:
1.
Chain link or cyclone fencing, if used, shall be black or green vinyl coated
and shall be surrounded by vegetation in order to screen the detention facility
from the plat, the right of way and surrounding properties.
2.
The final plat map shall depict the slopes in excess of 40 percent and a 25-
foot setback from the slopes. The final plat map shall contain a note that the
owners of lots 15, 16, and 17 shall provide geotechnical analysis of these
areas in conformance with FWCC Section 22-1286 should development or
land surface modification activities occur on or within 25 feet of the steep
slope area.
3.
Retaining walls and rockery design shall be harmonious with existing
adjoining residential uses, and shall promote residential design themes
through such means as terracing, orientation, natural material selection, use
of vegetation, and textural treatment.
To provide a safe route of travel for school children, the applicant shall install
Page - 9
a pedestrian corridor from the subject site, north along the eastern side of
South Star Lake Road to the northern side of the Elementary School
driveway on South Star Lake Road, subject to review and approval by the
Public Works Director.
RECOMMENDATION:
It is here.by recommended to the Federal Way City Council that the preliminary plat
of Star Lake Vista be approved subject to the conditions contained in the conclusions
above.
DATED THIS
I q ~AY OF DECEMBER, 2 O.
V;tv'-
TRANSMITTED THIS ~DAY OF DECEMBER, 2000, to the following:
APPLICANT:
Stuart Scheuerman
ESM Consulting Engineers
720 South 348'" Street
FederalVVay, VVA 98003
ESM Consulting Engineers
720 South 348'" Street
FederalVVay, VVA 98003
Schneider Homes
6510 South center Boulevard
Tukwila, WA 98188
City of Federal Way
c/o Chris Green
P.O. Box 9718
Federal Way, WA 98063-9718
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
REQUEST
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 o~
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 reconsideration or the
reconsidered recommendation.
The letter of challenge must contain
a clear reference to the matter being challenged and a statement of
the
specific
factual
findings
and conclusions of
the Hearing
Examiner disputed by the person filing the challenge.
The person
filing the challenge shall include, with the letter of challenge,
the
fee established by the City.
The challenge will
not be
accepted unless it is accompanied by the required fee.
The
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.
(253) 661-4000
FEDERAL WAY. WA 98003-6210
CLARIFICATION OF DECISION
TO:
cf~~fierks Office
ALL PARTIES OF RECORD Federal Way
V
STEPHEN K. CAUSSEAUX, JR., HEARING EXAMINER ~
P
JANUARY 4, 2001
FROM:
DATE:
RE:
CLARIFICA TOIN OF DECISION REGARDING PRELIMINARY
PLAT OF STAR LAKE VISTA, FWHE #00-29, (99-100613-00-SU)
On December 18, 2000, the Examiner issued a decision recommending approval
of the preliminary plat of Star Lake Vista. There were two inadvertent errors in
the decision as noted below:
1.
Preliminary plat's are not reviewed under Process IV, but are
reviewed under the provisions of Federal Way City Code
(FWCC) Chapter 20, Division 6, Preliminary Plat.
2.
There is no right to reconsideration and challenge of the
Hearing Examiner recommendation under the preliminary
plat process. Pursuant to FWCC Section 20-127 (attached
hereto), following receipt of the final report and
recommendation of the Hearing Examiner, a date shall be
set for a public meeting before the City Council.
This memo serves to clarify these processes and recommendation.
SKC/jc
c,
&~.~~
CITY COUNCIL REVIEW, ACTION
Pursuant to Section 20-127, following receipt of the final report and recommendation of
the hearing examiner, a date shall be set for a public meeting before the city council.
The city council review of the preliminary plat application shall be limited to the record of
the hearing before the hearing examiner, oral comments received during the public
meeting (so long as those comments do not raise new issues or information not
contained in the examiner's record) and the hearing examiner's written report. These
materials shall be reviewed for compliance with decisional criteria set forth in section 20-
126. The city council may receive new evidence or information not contained in the
record of hearing before the hearing examiner, but only if that evidence or information: (i)
relates to the validity of the hearing examiner's decision at the time it was made and the
party offering the new evidence did not know and was under no duty to discover or could
not reasonably have discovered the evidence until after the hearing examiner's decision;
or (ii) the hearing examiner improperly excluded or omitted the evidence from the record.
If the city council concludes, based on a challenge to the hearing examiner
recommendation or its own review of the recommendation, that the record compiled by
the hearing examiner is incomplete or not adequate to allow the city council to make a
decision on the application, the city council may by motion remand the matter to the
hearing examiner with the direction to reopen the hearing and provide supplementary
findings andlor conclusions on the matter or matters specified in the motion.
After considering the recommendation of the hearing examiner, the city council may
adopt or reject the hearing examiner's recommendations based on the record
established at the public hearing. If, after considering the matter at a public meeting, the
city council deems a change in the hearing examiner's recommendation approving or
disapproving the preliminary plat is necessary, the city council shall adopt its own
recommendations and approve or disapprove the preliminary plat.
As part of the final review, the city council may require or approve a minor modification
to the preliminary plat if:
(a)
The change will not have the effect of increasing the residential density of the
plat;
The change will not result in the relocation of any access point to an exterior
street from the plat;
The change will not result in any loss of open space or buffering provided in the
plat; and
The city determines that the change will not increase any adverse impacts or
undesirable effects of the project and that the change does not significantly alter
the project.
(b)
(c)
(d)
•
•
CITY OF FEDERAL WAY
�
COMMUNIT'� DEVELOPMENT SERVICES DEPARTMENT
STAFF REPORT TO THE
FEDERAL WAY HEARING EXAMINER
PRELIMINARY PLAT OF STAR LAKE VISTA
Federal V�ay File No. SUB99-0001 (99-100613-00-Si�
PusL�c HE�tING — December 5, 2000
Federal Way City Hall City Council Chambers
33530 First Way South
TABLE OF CONTENTS
T.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
General Information ...................................... ....... .. ............ .......................................1
Consulted Departinents and Agencies ...................................................................... 2
State Environmental Policy Act ................................................................................ 3
NaturalEnvironment .................................................................................................3
Neighborhood Characteristics ...................................................................................4
General Design .......................................................................................................... 5
Transportation.........................................:................................................................. 6
PublicServices ..........................................................................................................
Utilities...................................................................................................................... 7
Analysis of Decisional Criteria ................................................................................. 8
Findings of Fact and Conclusion .............................................................................. 9
Recommendations............................................................................................... 11
Listof Exhibits ........................................................................................................
Report Prepared by:
Deb Barker, Associate P(anner
November 27, 2000
EXHIBIT
PAGE�OF�-
• •
•
•
CITY OF FEDERA.L WAY
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
STAFF REPORT FOR THE PUBLIC HEA.RING OF DECEMBER 5, 200Q
PRELIMINARY PLAT OF STAR LAKE VISTA
File No: SUB99-0001 (99-100613-00-SU)
Applicant: Stuart Scheuerrnan, Project Manager
ESM Consulting Engineers
- 720 South 348�` Street
Federal Way, WA 98003
Phone: 253-838-6113
Engineer: ESM Consulting Engineers
720 South 348�' Street
Federai Way, WA 98003
Phone: 253-838-6113
Owner: Schnieder Homes
6510 Southcenter Bou(evard
Tukwila, WA 98188
Action
Requested:
Staff
Representative:
Pre(iminary plat approval of an 18 lot single family residential subdivision as
provided for under Federal Way City Code (FWCC) Chapter 20, Subdivisions; and
requiring approval pursuant to FWCC Chapter 20, Division 6.
Deb Barker, Associate Planner, 253-661-4103
Staff
Recommendation: Preliminary Plat Approval with Conditions as Recommended
I GENEItAL INFORMATION
A. Description of the Proposal — The applicant proposes to subdivide a vacant 4.63-acre lot into
18 residentiat single-family lots, each having a minimum of 7,200 square feet (Exhibit A).
B. Location — The property is (ocated northeast of South Star Lake Road at South 275�' Place as
extended, and southwest of Interstate 5(Exhibit B).
C. Legal Description — See Exhibit C.
ExH�BrT
of Star Lake Vista
Page
to the Hearing Examiner
�J
�
D. Size of Property — The subject site has a land area of 201,682 square feet (4.63 acres).
E. Land Use and Zoning —
Direction Zo ning
Site RS-7.2'
North RS-7.2
South RS-7.2
East none
West RS-7.2
Comprehensive Plan
SF - High Density
Same
Same
None
SF — High Density
Existin� Land Use
Vacant
Elementary School
SFR
Interstate 5
SFR
�
F. Background — The preliminary plat of Star Lake Vista was submitted on February 5, 1999, as a
19-lot subdivision, with one drainage tract. The application was determined comp(ete on July
16, 1999. Following SEPA determination, the number of lots was revised to 18 in order to
accommodate drainage facility design.
II CONSULTED DEPARTMENTS AND AGENCIES
The following departments, agencies, and individuals were advised of this application.
A. Community Development Review Committee (CDRG), consisting of the Federat Way
Community Development Services Planning and Building Divisions; Public Works
Engineering and Traffic Divisions; Parks Recreation and Cultural Resources Department;
Federal Way Department of Public Safety (Police); Federal Way Fire Department; Lakehaven
Utility District; and Federal Way Public Schools. CDRC comments have been incorporated
into this report where appticable.
B. Highline Water District provides water for this site. Their comments have been incorporated
into this report where applicable.
C. Washington State Department of Transportation was advised of this application. Their
comments have been incorporated into this report where appiicable (Exhibit D).
D. All property owners within 3U0 feet of the site were mailed notices of the comptete application
and of the December 5, 2000, public hearing. The site was also posted and notice published in
the newspaper and on the City's officiat notice boards.
E. In accordance with the State Environmental PolicyAct (SEPA) and FWCC Chapter 18,
Environmental Protection, all property owners and occupants within 300 feet of the site, and
atl affected agencies, were notified of the proposed action and the City's environmental
decision. In addition, the site was posted and notice placed in the newspaper and on the City's
official notice boards. No comments were received, and no changes or corrections were made
to the City's initial determination.
'RS-7.2 = single family residential, 7,200 SF minimum tot size.
� SFR = Single Famity Residential
Plat of Star Lake Vista Page 2
�
III STATE ENVIRONMENTAL POL[CY AC'C
•
A. A Mitigated Environmental Determination of Nonsigntficance (MDNS) was issued for the -
proposed action on May 20, 2000 (Exhibit �. This determination was based on review of
information in the project file, including the environmental checklist (Exhibit F), resulting in the
conclusion that the proposal would not result in probable significant adverse impacts on the
environment provided the foltowing measure is complied with:
1. To mitigate the subdivisions impacts in the flooding problems along Starlake Road and
conveyance and capacity problems within McSorley Creek watershed, Star Lake i�ista
storm water detention facility shall be designed to the Level 3 Flow Control standard of
the 1998 KC�WDM.
B. No comment letters were received during the 14-day SEPA comment period. No appeals were
filed.
IV NATURAL ENVIRONMENT
a. Storm Wa1er Runoff— The applicant will be required to provide storm drainage improvements
to comply with all applicabte Core and Special Requirements outlined in the King County
Surface Water Design Manual (KCSWDM), including surface water quantity and quality
control. ESM Consulting Engineers prepared and submitted a January 1999 Technicai
Information Report, revised November 1999, (Exhibit G7, to the Department of Community
Development Ser.vices for review by the Public Works Department. The preliminary plat
depicts stormwater collected in a detention pond at the northwest corner of the site, with
release to a water quality biofiltration swale on the northwest side of the site, thence on to
McSorley Creek in the City of Kent, and on to Puget Sound via open and closed conveyance
systems. See Section IX. C. of this report for a detailed description of the proposed drainage
facilities.
B. Soils — The 1973 King County soils survey map lists the soils type as Alderwood Gravelly
Sandy Loam (AgC) and Alderwood Kitsap (AkF). AgC soils are characterized as moderately
well drained soils over dense, re(atively impermeable till at depths of 24 to 40 inches. These
soils are described as capable of adequate compaction, runoff is slow, and erosion hazard is
slight with slopes at 6-15 percent.
C. Topography — The site is hilly, with an average s(ope of ten percent. The SEPA checklist stated
that 38 percent of the site is under 10 percent slopes, with 53 percent of the site beiween 10
and 25 percent slopes. There is one area at the northern most portion of lots 15, 16, and 17 with
slopes that exceed 40 percent.
D. Vegetation — Vegetation on site is wooded, and consists primarily of mature firs, alders, and
maples trees, with a native under story of shrubs. The Existing Conditions Szavey (Exhibit I�
submitted with the preliminary plat identifies 80 trees on the subject property that meet the�' �'�"���'��' �`�"`�" ��
FWCC definition of significant. The plan locates 21 of these trees in�the,��t��gl f-
CXH B
PAGE OF 3 �
Pre(iminary Plat of Star Lake Vista Page 3 Staff Report to the Hearing Examiner
� �
and utility easements; those trees are not proposed to be retained. Meandering of the road
around significant trees was not feasible due to topography and existing points of connection,
according to the applicant and verifed by staff. Twenty-six (26) percent of the significant trees
are proposed for removal (refer to Exhibit I, Preliminary Clearing and Grading Plan). _
Approval of the preliminary plat is subject to submittal and approval of a landscape plan
pursuant to FWCC Section 20-158. Retained significant trees outside of the right-of-way and
drainage tract will be regulated under FWCC Section 22-1568, Significant Trees, and reviewed
with each residential building permit.
E. Wildlife — The SEPA checklist states that songbirds have been observed at the site. No
additional measures to preserve or enhance wi(d(ife are proposed.
F. Mapped Sensitive Areas — The preliminary plat depicts a 1,121 square foot area of the rear of
(ots 15, 16, and 17 with slopes that are greater than 40 percent. Slopes in excess of 40 percent
are regulated under FWCC Section 22-1286. No work in conjunction with preliminary p(at
construction is proposed within the steep slope area. The November 21, 1999, Geotechnical
Report, prepared by Golder Associates, Inc. (Exhibit .�, does not fully address future clearing,
grading and home construction on or within 25 feet of the steep slope area as required by
FWCC Section 22-1286, and further analysis will be required in conjunction with each
residential building permit. Therefore, the final plat map shall include the slopes in excess of
40 percent and a 25-foot setback from the slopes. The plat shatl contain a note that the owners
of lots 15, 16, and 17 shall provide geotechnica.l analysis of these areas in conformance with
FWCC Section 22-1286 should development or land surface modification activities occur on
or within 25 feet of the steep s(ope areas.
Typical soils excavation will occur with the street construction, at the site of the detention
pond, and for utility insta(lation. The preliminary clearing and grading plan (Exhibit � depicts
clearing limits that meet City standards for development clearing noted above. The
geotechnical report contains recommendations and conclusions for the proposed development,
including site preparation and grading of the subject site and future home construction.
Supplemental geotechnical analysis and recommendations may be required by the Pub(ic
Works Director or Building Official during development of the site.
A wetland on the school property north of the subject site was evaluated against criteria of a
1996 interpretation regarding constructed drainage facilities. Staff concurred that the wetland
is a surface water conveyance fea.ture that meets city criteria for a non-regulated wetland. It
will not be regulated under the FWCC, and therefore no setback requirements imposed on the
preliminary plat.
V NEIGHBORHOOD CHARACTERISTICS
A.
Vicinity — The property is situated in the northern most portion of the City, in a single-family
residential area. The site is vacant. The majority of adjacent propecties are developed with
single-famity residences on lots ranging from 5,200 to 7,000 square feet to the west (plat of
Scarborough), to 9,600 square feet or more per dwel(ing unit to the south (Plat of Mark
: ::.............:.....
:.:::,.
Twain). Mark Twain Elementary School is direct(y north of the subject site (Exhibit B). �
EXHIBI�'i'
� �
B. Interstate 5— The southbound lanes of Interstate 5 are approximately l00 feet from the
eastern property line of the subject site. The freeway is approximately 375 feet wide with five
north bound lanes (including an HOV lane) and four south bound lanes. A 50-foot wide
vegetative buffer borders the freeway. There are no noise attenuation walls on this portion of
the freeway.
VI GENERAL DESIGN
A. Subdivision Access and Roadway System — Access to the property will be provided by the
eastern extension of South 275�' Place from South Star Lake Road. South Star Lake Road is
classified by the Federal Way Comprehensive Plan (FWCP) as a principa( collector street,
providing 60 feet of right-of-way. South 275�' Place is classified as a cul de sac. Pursuant to
FWCC Section 22-1328, Local streets right-of-way, and Cross Section W of the FWCP, the
minimum right-of-way width for South 275�' Place is 52 feet. The applicant is proposing full
street improvements for the roadway, including 28 feet of pavement, vertical curb/gutters,
street trees, sidewalks, and landscape/utility strips within the 52-foot right-of-way (Cross
Section Exhibit K). A (andscape island will be installed at the end of the cul-de-sac. The
intersection of South Star Lake Road and South 275`�' Place shall be widened and improved
with sidewalk on the east side of South Star Lake Road. The applicant proposes to dedicate
nine feet for South Star Lake Road right-of-way. The Public Works Department and Federal
Way Fire Department have reviewed and approved the proposed access, street improvements,
and curve radius.
B. Pedestrian System — Sidewalks will be provided along all lot frontages. Specifically, full street
improvements include five-foot wide sidewalks on both sides of South 275�' Place. Half street
improvements at South Star Lake Road will include an eight-foot wide sidewalk only on the
easterly side of the street. The applicant will be required to provide an eight foot wide paved
walking path from the subject site along the northeasterly side of South Star Lake Road to the
northern side of the elementary school driveway and to the cross walk that connects to the
school bus stop on 25"' Drive South at South Star Lake Road. In addition, a 12-foot wide
pedestrian path between lots 14 and 15, shown as Tract B, will connect the subdivision to
Mark Twain Elementary School to the north. Pursuant to FWCC Section 20-156(b), no sight
obscuring fencing or landscaping shall be permitted abutting the tract, which is to be dedicated
to the City of Federal Way.
C. Landscape Buffers — In accordance with FWCC Chapter 20; Subdivisions, landscape buffers
are specified only when the plat is adjacent to an arterial street. Interstate 5, which lies east of
the subject site, is considered an arterial street. The applicant has depicted a type III landscape
buffer feet in width along the eastern property line shared with the freeway (Exhibit L,
Landscape Plan). The landscape buffer must be in a separate tract to be dedicated and
maintained by to the homeowners association. Street tree requirements are described in VII.
A., and detention tract screening in IX. C., below.
D. Lot Layout — The lots range in size from 7,203 square feet to 9,895 square feet. The proposed
lots are generally rectangular in shape. There are three flag lots. Should any rockeries or
retaining walls be required, their design should promote residentia( design themes through .. .
terracing, natural material selection, placement of vegetation, and textural treatment.
EXH1BiT_ �
Preliminary Plat of Star Lake Vista Page 5 S���P�t t Hearj�l��,'x
�JI
�-�
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VII TRANSPORTAT[ON
i
A. Street Improvements — In accordance with the FWCC, all street improvements must be -_
dedicated as City right-of-way and improved to City street standards. Specifically, street
improvements are required for South 275`'' Place and will include: 28 feet of pavement, vertical
curbs, gutters, sidewalks, and street trees, within a 52-foot right-of-way width. The intersection
of South Star Lake Road at South 275�' P(ace shall be widened and eight foot wide sidewalks
shall be insta(led on the east side of South Star Lake Road. Forty-one Legacy Sugar Maple
street trees are proposed to be installed along South 275�' Place (Exhibit L). Street trees must
also be installed along the South Star Lake Road Street frontage.
Street lighting is required pursuant to FWCC Section 22-1522. The applicant has proposed to
install two streetlighfis in the subdivision.
B. Adequacy of Arterial Roads — This proposal has been reviewed under the State Environmental
Policy Act (SEPA). Based on the FWCC, the additional traffic to be generated by this
development does not require any roadway improvements or pro rata share payments because
there are no projects in the City's Transportation Improvement Plan (TIP) impacted by the
project.
VTII PUBLIC SERVICES
A. Schools — As part of the City's review of the proposal, the preliminary plat application was
referredto the Federal Way School District for comments. Comments received on May 3,
1999, included the fol(owing information. Mark Twain Elementary, Totem Junior High, and
Thomas Jefferson Senior High School will serve the proposed subdivisioa Mark Twain
Elementary School is immediately north of the site and elementary age students will walk to
school. Both the Junior and Senior High Schools are located more than one mile of the subject
site. Bus transportation is available from the intersection of South Star L,ake Road and 25�'
Drive South to transport students to their respective schools. School service areas are reviewed
annually and may be adjusted to accommodate enrollment growth and new development.
The existing route of travel from the proposed subdivision to the school bus stop is via a
substandard roadway containing gravel shoulder and ditches. To meet the standards of FWCC
Section 20-156(a), the app(icant will be required to install an improved pedestrian corridor
from the subject site to the school bus stop at 25�' Drive South providing a safe route of travel
for school age children. This shall include an eight-foot wide asphalt walkway located within
the northeasterly right-of-way of South Star Lake Road to the northern side of the E(ementary
School driveway, with applicable crosswalks across major driveways. The walkway shall be
separated from the travel lane with raised curbing. A 20 foot wide pedestrian access tract
(Tract B), with a 12-foot wide walkway bordered by four-foot wide landscape areas, connects
the subdivision with Mark Twain Elementary School.
School impact fees, as authorized by City ordinance and col(ected at the time of bui(ding
permit issuance, are currently $2,303.00 per single-family housing unit. School impact fees are
EXHIBIT �
Page 6
�
r�
U
determined on the basis of the School District's Capilal Facili[ies Plan and are subject to
annual adjustment and update.
B. Open Space — The nearest city park is Heritage Woods Park located '/z of a mile from the .
subject site. Other public parks in the vicinity include G(en Nelson Park approximately 1'/�
mile from the subject site and Redondo Park, approximately two miles from the subject site.
To provide adequate recreational opportunities commensurate with new residential
development, FWCC Chapter 20, Subdivisions, requires dedication of land on site for open
space, or a fee-in-lieu-of payment. Specifically, FWCC Section 20-155(b) requires all
residential subdivisions to provide open space in the amount of, "15 percent of the gross land
area of the subdivision site; or pay a fee in lieu of'... payment for ail or portions of the open
space area required..
Total open space required for this plat is 30,252 square feet (15 percent of the 201,682 square
foot parcel). Pursuant to FWCC Section 20-155, the applicant proposes to make a fee-in-lieu
payment for the required open space. The fee would be based on the assessed value of the land
according to the King County Assessors Office valuation of the subject site at the time the fina(
plat is reviewed. This fee shall be paid to the City before the final plat is approved.
C. Fire Protection — A Report of Fire Flow Junctions from the Highline District indicates that
water will be available to the site in sufficient quantity to satisfy fire flow standards for the
proposed development The Fire Department requires that a fire hydrant be located within 350
feet of each lot. The preliminary plat drawing depicts the installation of one fire hydrant at lot
16, as well as an existing hydrant in the Star Lake Road right-of-way. The exact location of the
new hydrant must be approved by the Fire Department.
IX UT[LITIES
A. Sewage Disposal — The applicant proposes to serve the proposed plat by a public sewer system
managed by Lakehaven Utility District. A November 30, 1998, Certificate of Sewer
Availability (Exhibit 1l� indicates the district's capacity to serve the proposed development
through a Developer Extension Agreement (DEA) between the applicant and the district.
According to the preliminary plat, an extension of the existing sanitary sewec main in South
Star L,ake Road will run east through the plat to the Interstate 5 right-of-way to serve the site.
B: Water Supply — The applicant proposes to serve the subdivision with a pub(ic water supply and
distribution system managed by the Highline Utility District. A November 18, 1998, Letter of
Water Charges (Exhibit 1� indicates Highline's capacity to serve the proposed development
through a Developer Extension Agreement (DEA).
C. Drainage Facilities — A January 1999 Technical Information Report (TIR), including a Level I
Downstream Ana(ysis and Core and Special Requirements under the KCSWDM, revised
November 1999, was prepared for the site by ESM Consulting Engineers and reviewed by the
Public Works Department (Exhibit G�. The site is within the Hylebos Creek and Lower Puget
Sound adopted basin p(an. Stormwater will be collected from buildings and streets, and ..:. ,__ _...
�
EXHiBIT
iinary Plat of Star Lake V ista Page 7 s��t �O ���i
• •
conveyed through a pipe system to an on-site storm water detention facility then onto a storm
water biofiltration swa(e within Tract A. These facilities shal( be designed in accordance with
the Hylebos Creek and Lower Puget Sound BW-2 recommendations.
The downstream conveyance system consists of cu (verts on South Star Lake Road. These culverts
join under South Star Lake Road one block south of South 272n Street. From this point, a pipe
conveys drainage north under South 272"� Street to a wetland at the headwaters of McSorley
Creek (ocated within the City of Kent.
The City Surface Water Management (SWM) Division has identified down strearn conveyance
problems along South Star Lake Road and has several projects in the SWM Capital Facilities
Plan to upgrade the storm system. The City of Kent has identified capacity and conveyance
problems in the McSorley Creek watershed downstream of this project. The City of Federa(
Way has approved �ntering into an interlocat agreement with the City of Kent to designate the
Starlake Road Drainage Sub-Basin as a Level 3 Flow Control Area per the 1998 KCSWDM. .
As a result of this agreement, in order to mitigate the subdivisions impacts in the flooding
problems along Starlake Road and the Conveyance and capacity problems within McSor(ey
Creek watershed, the applicant will design the storm water detention facility to the Leve13
Flow Control standard of the 1998 KCS WDM.
Stormwater design and plat drainage elements must conform to the standards, policies, and
practices of the City of Federal Way's Surface Water Management Division as outlined in the
adopted "King County Surface Water Design Manual, " the "City of Federal Way
Comprehensive Surface Water Management Plan - Phase I," the "Comprehensive Surface
Water Management Plan," and the "Stormwater System Operation and Maintenance Manual."
The approved storm drainage facilities must be constructed per City code requirements, erior
to final plat approval and recording of the subdivision. The detention facilities shall be
vegetatively screened from fhe plat, the right-of-way, and surrounding properties. Cyclone
fencing, if used, shall be black or dark green vinyl coated.
X ANALYSIS OF DECISIONAL CRITERIA
The FWCC establishes review procedures and decisional criteria for deciding upon various types of
land use applications. Pursuant to FWCC Chapter 20, Subdivisions, Section 20-110, preliminary plat
applications are submittcd to the hearing examiner for public hearing. The preliminary plat
application and the recommendation of the hearing examiner are submitted to the City Council for
approval or disapproval. �
A. Hearing Examiner Preliminary Plat Decisional Criteria — Pursuant to FWCC Section 20-
126(c), the hearing e�caminer may recommend approval of the proposed preliminary plat only if
the following decisional criteria are met. Decisional criteria and staff responses are provided
below.
1. The project is consistent with the comprehensive plan.
�XHIl�IT �!'
Lake Vista Page 8
• •
Staff Comment: The application is subject to the adopted 1995 FWCP, which designates
the property as Singie Family - High Density. The proposed land use, Single Family
Residential, with 7,200 square foot minimum lot size (RS-7.2), is consistent with density
allowances and policies applicable to this land use as established in the FWCP.
2. The project is consistent with all app(icable provisions of the chapter, including those
adopted by reference from the comprehensive p(an.
Staff Comment: The preliminary plat application is required to comply with the
provisions of the FWCC, Chapter 18, Environmental Policy, Chapter 20, Subdivisions;
Chapter 22, Zoning; and all other applicable codes and regulations. Future development
of the residential subdivision will be required to comply with all applica.ble deve(opment
codes and regulations. As proposed, and with conditions as recommended by staff, the
preliminary plat will comply with a(l provisions of the chapter.
3. The project is consistent with the public health, safety, and welfare.
Staff Comment: The proposed preliminary plat wou(d permit development of the site
consistent with the current Single Family High Density land use classification of the
City's FWCP and map: Proposed access and fire hydrant locations must meet all
requirements of the Federal Way Fire Department. Future development of the plat in
accordance with applicable codes and regulations will ensure protection of the public
health, safety, and welfare.
4. It is consistent with the design criteria (isted in section 20-2.
Staff Comment: The proposed preliminary plat would promote the purposes identified in
FWCC Section 20-2, and the standards and regulations therein, as identified in the staff
report, including effective use of land, promotion of safe and convenient travel on streets,
provision for the housing needs of the community, and protection of environmentally
sensitive areas. As proposed, and with conditions as recommended by City staff, the
preliminary plat application complies with all provisions of the chapter.
5. It is consistent with the development standards listed in Sections 20-151 through 157, and
20-158 through 187.
Staff Comment: Development of this site is required to comply with the provisions of
FWCC Chapter 20, Subdivisions; Chapter 18, Environmental Protection; Chapter 22,
Zoning; and all other applicable tocal and state development codes and regulations. As
proposed, and as recommended by City staff, the preliminary plat application complies
with all app(icable statutes, codes, and regulations.
XI FINDINGS OF FACT AND CONCLUSIONS
Based on an ana(ysis of the proposed action, the environmental record, and related decisional
criteria, the Department of Community Development Services finds that:
r.��■ �rr�tT �
of Star Lake Vista Page 9 S�t� to
• •
The proposed action is to subdivide a vacant 4.63-acre parcel into 18 single-family lots. There
are single-family residentia! land uses to the south and west of the subject site. Mark Twain
Elementary Schooi is north of the site and Interstate 5 is east of the subject site. _
2. Zoning for the site and adjacent parcels is RS 7.2. The proposed residential subdivision and
density is consistent with existing adjacent land uses and zoning. �
3. An Environmental Determination of Nonsignificance (MDNS) was issued for this proposed
action on May 20, 2000. No appeals were received and the decision was finalized with no
modification. This determination is incorporated by reference as though set forth in full.
4. Sewer facilities are avai(able from the Lakehaven Utility District and are adequate to serve the
proposed developm�nt. Water facilities are available from Highline Water District and are
adequate to serve the site. It is the applicant's responsibility to secure all necessary water and
sewer services from the utility providers.
5. The site is within the Hylebos Creek and Lower Puget Sound adopted drainage basin. Surface
water facilities wiil be designed in accordance with the Level 3 flow control standard of the
1998 King Counry Surface Water Design Manual (KCSWDM) in order to mitigate downstream
flooding problems.
6. Public access into the subdivision wi(1 be provided by the extension of South 275'� Place from
South Star Lake Road. Pedestrian connections from the subject site to Mark Twain Elementary
School to the north will be provided between lots 14 and 15 via Tract B to be dedicated to the
City. Pedestrian routes of travel on South Star Lake Road to the Junior High and Senior High
School bus stop are currently substandard and present unsafe pedestrian access connections.
The applicant wi(( be required to design and construct a safe pedestrian conidor from the
subject site to northern side of the Elementary School driveway on South Star Lake Road. The
waikway shall be paved, a minimum of eight feet in width, and be separated from the travel lane
with raised curbing.
7. South 275�' Place is currently designated as a cul-de-sac street by the Federal Way
Comprehensive Plan (FWCP). Fult street improvements within the 52-foot right-of- way are
required. Public right-of-way and the stormwater detention tract (Tract A) will be dedicated to
the City.
A geotechnical report contains specific recommendations and conclusions for the proposed
development, including site preparation and grading of the subject site. Supplemental
geotechnica( ana(ysis and recommendations may be required by the Public Works Director or
Building Official, as allowed by the Federal Way Ciry Code (FWCC), during development of
the site in conformance with FWCC Section 22-1286.
9. There is a 1,121 square foot area of slope that exceeds 40 percent in the rear portion of lots 15,
16, and 17. Improvements or land surface modification on or within steep s(opes are regulated
under FWCC Section 22-1286. As the geotechnical report did not address land surface
modification or building improvements to these steep slope areas, the final piat map shall
depict the slopes in excess of 40 percent and a 25-foot setback from the s(opes. The pla�a.il.. ..
/�
� •
contain a note that the owners of lots 15, 16, and 17 shall provide geotechnical analysis of
these areas in conformance with FWCC Section 22-1286 should development or land surface
modification activities occur on or within 25 feet of the steep slope areas.
10. The subject site contains 80 significant trees. The applicant has proposed to remove 21
significant trees with site grading for the installation of roadways and utilities. The remaining
significant trees will be regulated under FWCC Section 22-1568 during residential building
permit review.
11. As required by code, a ten foot wide landscape buffer along the easterly portion of the site will
be established in a separate tract to be dedicated and maintained by the homeowners
association.
12. Pursuant to FWCC Section 20-155, the applicant proposes to pay an open space fee for the
required open space. The fee shall be paid before the final plat is approved. No open space will
be provided on the subject site.
13. Prior to issuance of construction permits, the applicant will be required to submit a landscape
plan depicting detention tract screening, landscape buffers, street trees, and tree conservation
techniques. �
14. The proposed preliminary plat is permitted by FWCC Chapter 20, Subdivisions, and Chapter
22, Zoning.
15. The proposed subdivision and all attachments have been reviewed for compliance with the
FWCP; FWCC Chapter 18, Environmental Protection; Chapter 20, Subdivisions; Chapter 22,
Zoning, and all other applicable codes and regulations. As proposed, and recommended by
staff, the preliminary plat is consistent with the FWCP and all applicable codes and
regulations.
16. Prior to final p(at approval and recording, all required and approved improvements will be
constructed, or the improvements appropriately bonded, per City code requirements.
XII RECOMMENDATIONS
Based on review of this application, the environmental record, and pertinent decisional criteria, staff
recommend approva( of the preliminary plat subject to the following conditions:
1. Chain link or cyclone fencing, if used, shall be black or green vinyl coated and shall be
surrounded by vegetation in order to screen the detention facility from the plat, the right of
way and surrounding properties.
2. The final plat map shall depict the slopes in excess of 40 percent and a 25-foot setback from
the slopes. The fina( p(at map shall contain a note that the owners of (ots 15, 16, and 17 shall
provide geotechnical analysis of these areas in conformance with FWCC Section 22-1286
should development or (and surface modification activities occur on or within 25 feet of the :.:.......:...
steep slope area. �
IEXHIl3 T � --'-"' '
Plat of Star Lake Vista Page 1
�
•
Retaining walls and rockery design shall be harmonious with existing adjoining residential
uses, and shall promote residential design themes through such means as terracing, orientation,
natural material selection, use of vegetation, and textural treatment.
4. To provide a safe route of travel for school children, the applicant shall install a pedestrian
corridor from the subject site, north along the eastern side of South Star Lake Road to the
northern side of the Elementary School driveway on South Star Lake Road, subject to review
and approva( by the Public Works Director.
XIII LIST OF EXH[BITS
A. Reduced Scale Preliminary Plat of Star Lake Vista
B. Vicinity Map
C. Legal Description
D. Letter from WSDOT, January 20, 2000 �
E. Mitigated Determination of Nonsignificance (MDNS), May 20, 2000
F. Environmental Checklist with staff evaluation, December 10, 1999
G. Technical Report Prepared by ESM Consulting Engineers, November 1999 �
H. Reduced Scale Existing Conditions Survey, December 10, 1998
I. Reduced Scale Pre(iminary Grading and Utility Pian, revised November 2, 2000
J. Geotechnical Report Prepared by Golder Associates, November 21, 1999
K. Cross-Section of Right-of-Way Proposed for South 275�` Place, undated
L. Reduced Sca(e Landscape Plan, November 7, 2000
M. Lakehaven Utility District Letter of Water Availability. November 30, 1998
N. Highline Utility District Letter of Sewer Availability. November 18, 1998
TY2ANSMITTED TO THE PARTIES LISTED HEREAFTER:
Federal Way Hearing Examiner
Applicant — ESM Consulting Engineers
DoaimentlD X12671 ..
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CITY OF�G
•
_ _ E�ERRL
(253) 661-4000
�� � 33530 1 ST WAY SOUTH FEDERAL WAY, WA 98003-6210
MITIGATED ENVIRONMENTAL
DETERMINATION OF NONSIGNIFICANCE
STAR LAKE VISTA PRELIMINARY PLAT
Federal Way File No: SEP99-0004 (99-100610)
Related File No: SUB 99-0001 (99-100613)
Description of
Proposal:
Proponent:
Location:
Lead Agency:
City Contact:
Proposed subdivision of a 4.63-acre lot into 19 single-family lots with
installation of streets, water and sewer, and other infiastructure.
Contact: Stuart Scheuerman
ESM Consulting Engineers
420 South 348'� Street
Federal Way, WA 98003
(253) 838-6113
Property is located northeast of Star Lake Road at South 275�' Place as
extended, and west of Interstate 5.
City of Federal Way
Deb Barker, Associate Planner, 253-661-4103
The Responsible Official of the City of Federal Way hereby makes the following Findings of
Fact based upon impacts identified in the Environmental Checklist; Final Staff Evaluation for
Environmental Checklist Application No. SEP99-0004 (99-100610); Conclusions of La.w based
upon the 1998 Federal Way Comprehensive Plan; and other policies, plans, rules, and
regulations designated as a basis for exercise of substantive authority under the Washington State
Environmental Policy Act Rules (SEPA) pursuant to RCW 43.21 C.060.
EXHI T C
PAGE � OF
�
FINDINGS OF FACT
.
1. The proposed action is to subdivide a 4.23-acre lot into 19 single-family lots. There are
steep slopes in the western portion of the site.
2. A Preliminary Storm Drainage Report prepared by ESM Consulting Engineers (January
1999 and revised November 1999) addressed existing conditions and provided drainage
system design recommendations for the proposed development. The report was reviewed by
the Federal Way Public Works Department to verify the proposed drainage system will be
designed in accordance with all applicable Core and Special requirements outlined in the
1990 King County Surface Water Design Manual (KCSWDIVn. The City Surface Water
Management (SWM) Division has identified downstream conveyance problems along South
Star Lake Road and has several projects in the SWM Capital Facilities Plan to upgrade the
storm system. The City of Kent has identified capacity and conveyance problems in the
McSorley Creek watershed downstream of this project. The City of Federal Way has entered
into an interlocal agreement with the City of Kent to designate the Starlake Road Drainage
Sub-Basin as a Level 3 Flow Control Area per the 1998 KCSWDM. As a result of this
agreement, in order to mitigate the subdivisions impacts in the downstream flooding
problems along Starlake Road and the conveyance and capacity problems within McSorley
Creek watershed, the applicant must design the stormwater detention facility to the Level 3
Flow Control standard of the 1998 KCSWDM.
3. A 247 square foot wetland on the northern property line has been determined to be a surface
water conveyance feature constructed for the adjacent school. This feature meets the city's
criteria for a non-regulated wetland.
4. The site is located adjacent to the Interstaxe 5 right-of-way. Type III landscaping, as required
by the subdivision code, will be provided between the freeway and the subdivision.
5. The Final Staff Evaluation For Environmental Checklist Application Number SEP99-0004
(99-100610) is hereby incorporated by reference as though set forth in full.
CONCLUSIONS OF LAW
LUP15: Protect residential areas from impacts of adjacent non-residential uses.
NEP1: Protect and restore environmental quality through land use plans, surface water
management plans and programs, comprehensive park plans and development review.
NEP30: The City should restrict the rate and quantity of surface water runoff to pre-
development levels for all new development and redevelopment.
Star Lake Vista Prel'�minary Plat EXHI �
Mitigated Determination of Nonsignificance "�"'
PAGE OF
17, 2000
�2
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�
NEP63: The city should develop and adopt construction standards to mitigate noise impacts
generated by Seattle Tacoma Airport and Interstate 5, as well as other major arterials.
NEP67: In developing new roadway systems, the City will evaluate the noise impact on
residential neighborhoods as appropriate in, or through, residential areas.
The lead agenc3� for this proposal has determined that the proposed action does not have probable
significant adverse impact on the environment and an Environmental lmpact Statement (EIS) is
not required under RCW 43.21C.032(2)(c), if the following mitigation measures are met. This
decision was made after review of a completed erivironmental checklist and other information on
file with the lead agency. This information is available to the public on request.
MITIGATION MEASURES
1. To mitigate .the subdivision's impacts in the flooding problems along Starlake
Road and conveyance and capacity problems within McSorley Creek watershed,
Star Lake Vista stormwater detention facility shall be designed to the Leve13 Flow
Control standard of the 1998 King County Surface Water Design Manual
(KCSWDIV�.
This 1VIDNS is issued under WAC 197-11-340(2). The lead agency will not act on this proposal
for 14 days from the date of issuance. Comments must be submitted no later than 5:00 p.m. on
June 5, 2000. Unless modified by the City, this determination will become final following the
above comment dea.dline.
Any person aggrieved by the City's final determination may file an appeal with the City within
14 calendar days of the above comment deadline. -
Responsible Official:
Position/Title:
Address:
Stephen Clifton, AICP
Community Development Services Director
33530 First Way South, Federal Way, WA 98003
Date Issued: May 20, 2000 Signature:
L:�CSD�DOCS�SAVE148301154.DOG[.sst prinad May 17, 2000 8:� 1 AM
Star Lake Vista Pretiminary Plat
Mitigated Determination of Nonsignificance
RAGE�4F.
•
� J
C/TY OF FEDERAL WAY�
DEPARTMENT OF COMMUNITY DEVELOPMENT
SERVICES
FINAL STAFF EVALUATION FOR ENVIRONMENTAL CHECKLIST
APPLICATION NO. SEP99-0004 (99-100610)
STAR LAKE VI5TA PRELIMINARY PLAT
TABLE OF CONTENTS
SECITON PAGE
I . General Project Information ..............................................................................................2
II. Analysis of Environmental Checklist
A. Background ...........................................................................................................2
B . Environmental Elements .......................................................................................3
III Conclusion .........................................................................................................................
NoTS: The purpose of this Final Stat� Evalua6on is to provide technical staE� evalua6on of the proposed action;
supplement information containcd in the environmental checklist and expanded studie� provide technical infocmation
unavailabie to the applican� conect inaccurate information; and recommend measures to the responsible of�icia( to
midgate iden6fied environmentat impacts. Technical repo[ts and exhibits referenced herein and in the environmental
checklist may not be attached to all copies of this analysis. Copies of reports, attachments, or other documents maybe
reviewed and/or obtained by contac6ng the Department of Community Development Services (33530 First Way
South, Fcderal Way, WA, 98003). Phone: (253) 664-0000. Pursuant to WAC 197-11-340(2), the City of Federal
Way is r�quired to send the environmental determination that results from this environmental review, along with the
checklist, to the Department of Ecolog}+ and other agencies with jurisdicGon. Thereforo, the City will not act on the
proposal for 14 days after issuance of the environmental throshold determir►ation.
Exx�rrs
Exhibit A Reduced Scale Plat Map
Exhibit B Vicinity Map
Exhibit C SEPA Checklist Revised December 17, 1999
EXHIBtT
PAGE�OF��
•
L GENERAL PROJECT INFORMATION
Project Name: Star Lake Vista Preliminary Plat (ExhibitA)
�
Type of Action: Preliminary Plat Approval requiring review by the Federal Way City Council,
subdivision a of 4.63-acre lot into 19 residential lots with associated roadway and
drainage improvements, and utility installation.
Owner: Schneider Homes
6510 Southcenter Blvd
Tukwila, WA 98188
Applicant:
Location:
S-T-R
Stuart Scheuerman, Project Manager
ESM Consulting Engineers
720 South 348'� Street
Federal Way, WA 98003
(253) 838-6113
Property is located northeast of South Star Lake Road at 275`� Place as extended,
and southwest of Interstate-5 (Exhibit B)
SecNon 33, Township 22 North, Range 4 East
Legal Description: A portion of the west half of the northeast quarter of section 33, township 22,
range4 East, Willamette Meridian, in King Counry. Also known as a portion of lot
3, Redondo Heights, unrecorded. Tax parcel number 720480-0015-05.
Parcel Size:
Eaisting Zoning:
4.64 acres (202,118 square feet)
RS 7.2 (1 dwelling unit per 7,200 square feet of lot area)
Comprehensive Plan
Designation: High Density Single Family Residential
II. ANALYSIS OF ENVIltONMENTAL CHECKLI5T
Following are staff responses to those elements of the environmental checklist (Ezhibit G� requirnig
modification or clarification. Numbered checklist responses not addressed in this analysis indicate staff
concurrence with no additional comment.
A. Background
6. Preliminary plat approval requires SEPA determination and hearing before the Federal Way
Hearing Examiner who will forward a recommendation to the Land Use and Transportation
Committee (LUTC) of the Federal Way City Council. �
8. The applicant has also submitted a Geotechnical Investigation �r�t1�r
Final StaffEvaluation for Environmental Checklist
SEP99-0004 (99-100610)
Star Lake Vista Preliminary Plat
�
•
Associates, November 21, I999; a Left-Turn Warrant Analysis prepared by David Evans -
Associates, June 18, 1999; a School Access Analysis prepared by ESM Consulting
Engineers, May, 1999; and a Technical Information Report (TIR) prepared by ESM
Consulting Engineers, January, 1999, revised November 1999.
B. ENVIItONMENTAL ELEMENTS
Earth
a-b. The site is hilly, with an average slope of 10 percent according to the TIR A 1,121
square foot area of 40 percent slopes is located in the western portion of the site, at the
rear of lots 15, 16, and 17.
c. The 1973 King County soils survey map lists the soils type as Alderwood Crravelly
Sandy Loam (AgC), which are characterized as moderately well drained soils over
dense, relatively impermeable till at depths of 24 to 40 inches. These soils are described
as capable of adequate compaction, runoff is slow, and erosion hazard is slight with
slopes at 6-15 percent.
d-e. Typical soils excavation will occur with the street construction, at the site of the
detention pond, and for utility installation. The preliminary clearing and grading plan
depicts clearing limits that meet city standards for development clearing noted above.
The November 23, 1999, Geotechnical Report prepared by Golder Associates contains
specific recommendations and conclusions for the proposed development, including site
preparation and grading of the subject site. The Public Works Director or Building
Offcial may require supplemental geotechnical analysis and recommendations during
development of the site.
g. Pursuant to Federal Way Ciry Code (FWCC) Sec. 22-631, a maximum lot coverage of
60 percent is established for this zoning district (RS-7.2).
h. A Temporary Erosion and Sedimentation Control (TESC) Plan is required to be
submitted for review and implementation in accordance with the ciry's engineering
standards in conjunction with all filling and grading activities. The geotechnical report
will be consulted for appropriate mitigation measures to be included in the design and
construction activities.
2. Air
a. Short term impacts to air quality during construction activity and paving operations will
contribute to carbon monoxide levels through the operation of construction machinery,
delivery equipment and materials, and worker access to the site by automobile. These
activities also invoive emissions of hydrocarbons and oxides of nitrogen, potentially
elevating the level of photochemical oxidants (such as ozone) in the ambient air. Longer-
term impacts due will vary in level, based on traffic generation and residential use of
fireplaces and wood burning stoves.
EXHIBIT
PAGE�L_OF �
Final StaffEvalua6on forEnvironmental Checklist Page 3
SEP99-0004 (99-100610) Star Lake Vista Preliminary Plat
� �
b. Emissions from South Star Lake Road, as well as Interstate-5, also affect the proposa�.
c. Compliance with local, state, and federal air quality standards provides suf�icient
mitigation of these potential impacts. In additioq retention and enhancement of on-site
vegetation and landscaping to the maximum extent possible will provide filtering of
suspended particulates.
3. Water
a. A wetland has been identified to be within 200 feet of the east property line. In a January
21, 2000, letter prepared by J. S. Jones and Associates, Jones evaluated the wetland
against criteria of the ciry's March 27, 1996, interpretation (Applicabiliry ofRegulated
Wetland Provisions to Human Created Surface Water Drainage Facilities). Ciry staff
reviewed the Jones data and concurred that the wetland is a surface water conveyance
feature that meets the city's criteria for a non-regulated wetland. Therefore, the wetland
will not be considered a regulated wetland under the FWCC.
c. As with all paved, developed areas, the site will contribute some pollutants to ground
and surface waters via storm drainage across the site. Pollutants, which accumulate on
paved surfaces, include heavy metals, petrochemicals, and other pollutants, and are
mitigated by implementation of the 1990 King County Surfac� Water Design Manual
(KCSWDIv� and modifications.
A January 1999 (revised November 1999) Technical Information Report (TIR),
including a Level I Downstream Analysis and Core and Special Requirements under the
KCSWDM, was prepazed for the site by ESM Consulting Engineers and reviewed by the
Public Works Department. The site is within the Hylebos Creek and Lower Puget Sound
adopted basin plan. 5tormwater will be collected from buildings and sh and
conveyed through a pipe system to an on-site stormwater detention facility, and then
onto a stormwater biofiltration swale within Tract A. These facilities shall be designed
in accordance with the Hylebos Creek and Lower Puget Sound BW-2 recommendations.
The downstream conveyance system consists of culverts on South Star Lake Road.
These culverts join under South Star Lake Road one block south of South 272" Street.
From this point, a pipe conveys drainage north under South 272° Street to a wetland at
the headwaters of McSorley Creek.
The city's Surface Water Management (SWM) Division has identified downstream
conveyance problems along South Star Lake Road and has several projects in the SWM
Capital Facilities Plan to upgrade the storm system. The City of Kent has identified
capaciry and conveyance problems in the McSorley Creek watershed downstream of this
project. The City of Federal Way has approved entering into an interlocal agreement
with the Ciry of Kent to designate the Star Lake Road Drainage Sub-Basin as a Leve13
Flow Control Area per the 1998 KCSWDM. Because of this agreement, in order to
mitigate the subdivisions impacts in the flooding problems along Star Lake Road and
the Conveyance and capaciry problems within McSorley Creek watershed, the applicant
must design the storm water detention facility to the Leve13 Flow Conlrol sta�rd of
Final StafFEvaluation for Environmental Checklist
SEP99-0004 (99-100610)
�
the 1998 KCSWDM.
4. Plants
�
b. d. The site is located adjacent to the Interstate-5 right-of-way. Noise and other adverse
impacts from this arterial right-of-way will affect the project. FWCC Sec. 20-178
requires a ten-foot wide type III landscape strip along arterial streets to shield new
residences from the arterial. This will be reviewed during preliminary plat review.
Vegetation onsite is wooded and consists primarily of mature fir, alder, and maple trees,
with a native under story of shrubs. The Tree Survey map submitted with the
preliminary plat identifies 80 trees on the subject property that meet the FWCC
definition of significant. Of these trees, 21(26%) are located in future right-of-way, and
utiliry easements and as such, will not be retained. Road meandering around significant
trees is not feasible due to topography and existing points of connection. Approval of
the preliminary plat is subject to a landscape plan pursuant to FWCC Sec. 20-158.
Street trees will be installed within the right-of-way. Open space obligation will be
provided through fee-in-lieu payment, which is to be paid before final plat approval per
FWCC Sec. 20-155, and as authorized by the Parks Director.
5. Animals: Concur with the checklist.
6. Energy and Natural Resources: Concur with the checklist.
7. Environmental Health
b. Noise from aircraft tra�'ic from Sea-Tac Intemational Airport will affect the project.
However, the site is located just outside the Sea-Tac International Airport noise
exposure contour designated as 65 Day/Night Noise Level (DNL) by the Fort of Seattle
Port 150 Noise Exposure Map. As the site is outside of this contour, associated
mitigation is not required.
Noise from traffic on Interstate-5 will be evident on a long-term basis on the subject site.
Ten feet of type III landscaping, as required under the subdivision code, wiil be provided
between the subdivision and the freeway.
Pursuant to code requirements, construction hours will be limited to weekday, daylight
hours in order to mitigate the impacts of construction noise.
Land and 5horeline Use
a-g. The vacant site is zoned RS-7.2 (5ingle Family Residential, 7,200 square foot minimum
lot size) by the Federal Way ZoningMap. The site is designated Single Family High
Density by the Federal Way Comprehensive Plan (FWCP). The proposed lot sizes of
7,203 square feet through 11,965 square feet conform to both the FWCC and FWCP.
The site is bordered by RS-7.2 zoned properly on the north, south, and wes� Mark
Twain Elementary School is to the north; the azea to the south and west is developed in ��
single-family lots. Interstate-5 is east of the subject site. ���'���
Final Stnf�Evaluadon for Envinonmental Checklist
SEI'99-0004 (99-100610)
.
�
h. An environmentally sensitive area with steep slopes is on the northern portion of the
site. The November 23, 199, geotechnical report contained recommendations for
grading, filling, and erosion control for this area. Engineering approval must be obtained
before any clearing or grading activities.
9. Housing
There are 19 single-family lots proposed with the preliminary plat application.
10. Aesthetics
Construction of future homes on the site will be required to comply with applicable zoning
regulations, including a maximum building height of 30 feet above average building
elevation. It is anticipated that future development of the lots will be consistent with the
character of many of the adjacent neighborhoods. New construction will be subject to all
applicable codes and regulations such as height, setbacks, and lot coverage.
11. Light and Glare: Concur with the checklist.
12. Recreation
The City of Federal Way Subdivision Ordinance (Chapter 20) as amended on January 6,
1998, requires that all subdivisions provide open space in the amount of 15 percent of the
gross land area of the division site; or, an optional fee-in-lieu payment providing all or part of
the on site open space may be made. It is the applicant's intent to provide a fee-in-lieu
payment to address the required open space. This fee shall be paid to the city before the fmal
plat is approved. The fee would be based on the assessed value of the land according to the
King County Assessor's Office valuation of the subject site at the time the final plat is
reviewed.
13. Historic and Cultural Preservation: Concur with the checklist.
14. Transportation
The city's traffic analyst, who determined that the project would generate approximately 21
p.m. peak hour trips, has reviewed the applicant's estnnated trip generation rate. The City of
Federal Way defines traffic impacts as a net increase of 10 vehicle trips per day to tmy
impacted Transportarion Improvement Plan (TIP) project intersection. However, there are no
TIP project intersections within the project scope area that would be impacted by this project.
Therefore, the city's Tr�c Division will not require a Trat�ic Impact Analysis (TIA).
Access to the site will be provided by the northern extension of South 275�` Place South from
South Star Lake Road. Star Lake Road is classified by the FWCC as minor arterial. Pursuant
to the FWCC street improvement standards, the minimum ngh EXl�IBI'f �'
Final StaffEvaluation for Environmental Chccklist
SEP99-0004 (99-100610)
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streets is 60 feet. The applicant is proposing half-street improvements for the portion of -
South Star Lake Road which front the subject site, including roadway widening, curb and
gutter, street trees, eight-foot wide sidewalks, and six-foot wide landscape/utility strips within
a 50-foot right-of-way. Nine feet of roadway dedication is proposed to accommodate the
roadway improvements. An improved pedestrian route of travel from the subject site to the
school bus stop to the west is proposed. South 275'� Place will consist of a 52-foot wide cul-
de-sac with 28 feet of paving, full curb and gutter, four-foot wide landscape strip with street
trees, and a five-foot wide sidewalk. Two streetlights will be provided, and a 26-foot wide
landscape island will be at the end of the cul-de-sac. The city's Public Works Department and
Federal Way Fire Department have reviewed the proposed access, street improvements, and
curve radius. �
Based on a January 20, 2000, letter from Washington State Department of Transportation
(WSDOT), utility work withir► the Interstate-5 right-of-way requires a permit from the state.
The applicant will install a 20-foot wide pedestrian corridor from the subject site to Mazk
Twain Elementary School between lots 14 and 15 to meet the standards of FWCC Sec. 20-
156(a).
15. Public Services
Under current school district boundaries, Mark Twain Elementary School, Totem Junior
High, and Thomas 7efferson High School would serve the proposed subdivision. Mark Twain
is next to the subject site, so no bus transportation will be necessary. The junior and senior
high schools are more than one mile from the subject site; bus transportation is provided for
these students. The bus stop is on South Star Lake Road west of 25`� Avenue South. The
applicant will install a pedestrian corridor from the subject site to the bus stop to meet the
standards of FWCC Sec. 20-156(a). Issuance of building permits for the single-family
residences is subject to school impact fees as established by ciry ordinance. The proposal
meets requirements identified by Federal Way Fire Department for emergenoy access, hydrant
locations, and fire flow.
Minunal increases to public safety services were identified by the Public Safety (police)
Department; further, there were no concerns in providing police services.
16. Utilities
Highline Water District issued a letter of water availability for the project, to be cxtended
from the existing water mains in the Interstate-5 right-of-way and South Star Lake Road.
Lakehaven Utility District has issued a letter of sewer availabiliry through a developer
extension of sewer mains from South Star Lake Road and side sewer stubs. Telephone,
electric, and gas service may also be extended from South Star Lake Road.
III. CONCLUSION
The proposal can be found to not have a probable significant adverse impact on the environment if
appropriate conditions are properly implemented pursuant to a mitigatsd determination of �
Finai Stat�Evaluation for Environmental Checklist � / � c
SEP99-0004 (99-100610) 1'�(�171�
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nonsignificance (MDNS).
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Conditions of the MDNS are based upon impacts identified within the environmental checklist,
attachments, and the above "Final Staff Evaluation For Environmental Checklist, Application No.
SEP99-0004 (99-100610)," and are supported by plans, policies, and regulations formally adopted by
Federal Way for the exercise of substantive authoriry under the State Environmental Policy Act (SEPA)
to approve, condition, or deny proposed actions.
The city reserves the right to review any future revisions or alterations to the site or to the proposal to
detemune the environmental significance or non-significance of the project.
Prepared by: Deb Barker, Associate Planner (253) 661-4103
Date: May 5, 2000
t��cs�nocs�sav�a9�o�a6s.00cn..�e�aaovunoo� 9:u �
Final StaffEvalua6on forEnvironmental Checklist
SEP99-0004 (99-100610)
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� Star Lake vsta Preliminary Plat
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ENVIRONMENTAL CHECKLIST
A.
1. Name of proposed project, if applicable:
Star Lake Vista Subdivision
BACKGROUND
2. Name of applicaat:
3.
Schneider Homes, Inc.
Address and phone number of applicant and contact person:
CONTACT PERSON:
Stuart Scheuerman
206-838-6113
ESM, Consulting Engineers, L.L.C.
720 South 348�' Street
Federal Way, WA 98003
OWNER:
Schneider Homes, Inc.
206-248-2471
6510 Southcenter Blvd.
Suite #1
Tukwila, WA. 98188
4.
�
Date checklist prepared:
Agency requesting checklist:
November 1998
Revised 6-30-99
Revised 12-10-99
City of Federal Way
6. Proposed timing or schedule (including phasing, if applicable): Summer 2000
7.
8.
Do you have any plans for future additions, expansion, or further activity related to
or connected with this proposal? If yes, exptain:
No additions are anticipated
List any environmental information you know about that has been prepared, o'r will
be prepared, directty related to this proposal.
Wetland Report by Kucinki Consulting Services, Inc. and a second by J.S. Jones
Consulting
9. Do you know whether apptications are pending for governmental approvals of
other proposals directly affecting the property covered by your pr'�I �}3D
RE S�� ; � � �
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None Known
10. List any government approvals or permits that will be needed for your proposal, if
know:
Road, grading, utilities, T.E.S.P., c(earing Preliminary and Final Plat.
11. Give brief, complete description of your proposal, including the proposed uses and
the size of the project and site. There are several questions later in this checklist
that ask you to describe certain aspects of your proposai. You do not need to repeat
those answers on this page. (Lead agencies may modify this form to include
additional specific information on project description.)
The approximate 4.64 acre site is proposed to be developed into 19 single family
residential lots. The road system, utilities, drainage control, and other related
infrastructure wil( be developed for the proposed residential lots.
12. Location of the proposal. Give sufficient information for a person to understand the
location of your proposed project, including a street address, if any, and section,
township, and range, if know. If a proposal would occur over a range of area,
provide the range or boundaries of the site(s). Provide a lega! description, site ptan,
vicinity map, and topographic map, if reasonably avaitable. While you should
submit any plans required by the agency, you are not required to duplicate maps or
detailed plans submitted with any permit applications related to this checklist.
The project is located east of S. Star Lake Road, north of S 276' Place, and west of
Interstate 5 in Section 33, Township 22 North, Range 4 East W.M., Federal Way
Washington.
13. Assessor Parcel Number;
720480-0015-OS
B. EARTH
a. General description of the site (circle one): flat, rolling, hillv, steep slopes,
mountainous, other.
hilly
b. What is the steepest slope on the site (approximate percent slope)?
About 38% of the site are under 10% s(opes, 53°/a of the site is between 10 and 25 %
slopes and about 9% of the site are between 25 and 50% of the site. There does not
appear to be slopes over 50%. The 40% +s(opes are shown on the Preliminary Plat map.
c. What general types of soils are found on the site (for example, clay, sand, gravet,
peat, muck)? If you know the classification of agricultural soils, specify them and
note any prime farmland? ���
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Alderwood, gravelly sandy soils
d. Are there surface indications or history of unstable soils in the immediate vicinity?
If so, describe. .
None Known
e. Describe the purpose, type, and approximate quantities of any filling or grading
proposed. Indicate source of fill. •
Road and minor lot grading is anticipated on the site. The removal of topsoil from the
roadways and lot areas may or may-not leave the site. It is anticipated that there will be
approximately 3,200 c.y. of excavated material and approximately 3,500 c.y. of fill
material on the site.
f. Could erosion occur as a result of clearing, construction, or use? If so, generally
" describe.
Minor erosion could occur under severe rainstorm during clearing, grading and
constructions of utilities, streets, parking lot and buildings.
g. About what percent of the site will be covered with impervious surfaces after
project construction (for example, asphalt or buildings)?
Site is about 4.64 acres. About 0.68 acres will be asphalt / sidewalks, or about 15 %.
Using 2,000 s.f. per lot x 19 lots = 0.87 acres of building or about 19%. Total site
coverage would be about 34%.
h. Proposed measures to reduce or control erosion, or other impacts to the earth, if
any:
1. Install erosion control and detention facilities per City requirements.
2. Landscape and/or hydroseed all cleared area as soon as construction is completed.
2. AIR
a. What types of emissions to the air would result from the proposal (i.e., dust,
automobile, odors, industrial wood smoke) during construction and when the
project is completed? If any, generally describe and give approximate quantities, if
known.
Emissions associated with automobiles and construction activities wilt result from the
proposed development.
b. Are there any off-site sources of emissions or odor that may affect your proposat?
If so, generally describe.
Only traffic on Interstate 5.
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c. Proposed measures to reduce or control emissions or other impacts to air, if any:
1. Limit construction activities to weekdays and during daytime hours.
2. Spray water over disturbed soils when needed to keep dust down during clearing,
grading, road and utility constructions.
3. WATER
a. Surface
1) Is there any surface water body on or in the immediate vicinity of the site
(including year-round and seasonal streams, sattwater, takes, ponds, wetlands)? If
yes, describe type and provide names. If appropriate, state what stream or river it
flows into.
The headwaters of McSorley Creek are approximately 2,000 feet downhill of this
project.
There is a small wet area along the northern boundary. It appears to have been created by
the construction of the Mark Twain Elementary School, see a second wetland assessment
letter by J.S. Jones Consulting.
2) Will the project require any work over, in, or adjacent to within 200 feet) of the
described waters? If yes, please describe and attach available plans.
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3) Estimate the amount of fitl and dredge material that would 6e placed in or removed
from surface water or wetlands and indicate the area of the site that woutd be
affected. Indicate the source of fill materiaL
None
4) Will the proposat require surface water withdrawals or diversions? Give general
description, purpose, and approximate quantities if known.
Surface waters from the roads and houses wil( be collected and directed to the proposed
onsite detention system.
5) Does the proposal lie within a 100-year floodplain? If so, note location on the site
plan.
No
6) Does the proposal involve any discharges of waste materiats to surface waters? If
so, describe the type of waste and anticipated voiume of discharge.
No discharge of waste material is anticipated.
b. Ground • �
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1)
Will ground water be withdrawn, or will water be discharged to ground water?
Give general description, purpose, and approximate quantities if known.
No.
2) Describe waste material that will be discharged into the grnund from septic tanks
or other sources, if any (for example: Domestic sewage: industrial, containing the
following chemicals..; agricultural; etc.) Describe the general size of the system, the
number of such systems, the number of houses to be served (if appticable), or the
number of animals or humans the system(s) are expected to serve.
None proposed. Sewer will be collected in Lakehaven's sewer system.
c. Water Runoff (iucluding storm water):
1) Describe the source of runoff (including storm water) and method of collection and
disposal, of any (include quantities, if known). Where will this water flow? Wilt
this water flow into other waters? If so, describe.
Runoff wil( include roadways and houses which will
catch basins and directed to the onsite detention pon
There is very little off-site runoff flowing onto this site.
2)
d.
be col(ected in roof drains and
d through a conveyance system.
Could waste material enter ground or surface waters? If so, generally describe.
Suspended soils and hydrocarbons associated with automobiles may potentialty enter
ground or surface waters.
Proposed measures to reduce or control surface, ground, and runoff water impacts,
if any:
1. Install sediment facilities and detention ponds per City requirements.
2. Install water quality facilities per City requirements.
4. PLANTS
a. a deciduous tree: alder, maple, aspen or other
x evergreen tree: fir, cedar, pine, other
x shrubs
x grass
pasture
crop or grain
wet soil plants; cattail, buttercup, bullrush
skunk cabbage, other
water plants: water lily, eelgrass, milfoil, other
other types of vegetation
b. What kind and amount of vegetation will be removed or altered? �
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Vegetation, as noted above, where the roads wil( be will be removed, approximately 2.0
acres.
c. List threatened or endangered species known to be on or near the site.
None known.
d. Proposed landscaping, use of native plants, or other measures to preserve or
enhance vegetation on the site, if any:
Leaving some of the significant trees on the site. Individual lot owners will landscape
their lots. .
5. ANIMALS
a. Circle any birds and animals which have been observed on or near the site or are
known to be on or near the site:
birds: hawk, heron, eagle, sonsbirds, other:
mammats: deer, bear, elk, beaver, other:
fish: bass, salmon, trout, herring, shellfish, other:
b. List any threatened or endangered species known to be on or near the site.
None Known
c. Is the site part of a migration route? If so, explain.
None known
d. Proposed measures to preserve or enhance wildlife, if any:
None proposed
6. ENERGY AND NATURAL RESOURCES
a. What kinds of energy (electric, natural gas, oit, wood stove, solar) will be used to
meet the completed project's energy needs? Describe whether it will be used for
heating, manufacturing, etc. -
Electric ar�d natural gas will be used to heat and run the residential homes.
b. Would your project affect the potential use of solar energy by adjacent properties?
If so, generally describe.
Should not affect adjacent properties.
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c. What other kind of energy conservation features are included in the plans of this
proposal? List other proposed measures to reduce or control energy impacts, if
any:
None proposed
7. ENVIRONMENTAL HEALTH
a. Are there any environmental health hazards, including exposure to toxic chemicals,
risk of Gre and explosion, spill, or hazardous waste, that could occur as a resutt of
this proposal? If so describe. �
There could be exposure from the equipment during construction but this is only short
term. There could be risk from homes after construction but it should be minimal.
1) Describe special emergency services that aright be required.
Fire Department or paramedics if there is a fire or accident during or after construction.
2) Proposed measures to reduce or control environmental health hazards, if any:
None Proposed
b. Noise
1) What types of noise exist in the area which may affect the project (for example:
traffic, equipment, operation, other)?
Traffic from nearby roads.
2) What types and levels of noise would be created by or associated with the project on
a short-term or a long-term basis (for example: traffic, construction, operation,
other)? Indicate what hours noise would come from the site.
Construction noise during construction and tocal traffic after construction.
3) Proposed measures to reduce or control noise impacts, if any:
Control working hours during construction, and leaving as much of a vegetation buffer
with Interstate 5.
8. LAND.AND SHORELINE USE
a. What is the current use of the site and adjacent properties?
Current site is treed. The land to the south is single family residents, to the west is single
fami(y residents, the north is Mark Twain Elementary Schooi, and to the west is
Interstate 5.
b. Has the site been used for agriculture? If so, describe. �
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The site dces not appear to have been used for agriculture.
c. Describe any structures on the site.
There are nd structures on the project site.
d. Will any structures be demolished? If so, what?
No
e .
f.
g•
What is the current zoning classification of the site?
RS-7.2
What is the current comprehensive plan designation of the site?
Single Family High Density
If applicable, what is the current shoreline master prngram designation of the site?
Not applicable
h. Has any part of the site been classified as "environmentally sensitive" area. If so
specify.
There is one smal( area totaling 1,121 s.f. where the slopes are 10' high and over 40%.
There is also to be a small wet on the site (see a supplementary letter by J.S. Jones and
Associates).
i.
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1.
Approximately how may people would reside or work in the completed project?
There is 19 single-family house lots. At 2.5 people per house that is approximately 47.5
people.
Approximately how many people would the completed project displace?
None
Proposed measures to avoid or reduce displacement impacts, if any:
0
None proposed.
Proposed measures to ensure the proposal is compatible with existing and project
land uses and plans, if any:
This project wil( be compatible with the surrounding land, and is what is zoned foc the
area and what is designated in the comp plan.
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9. HOUSING
a. Approximately how many units woutd be provided, if any? Indicate whether high, ,
middle, or low-income housing.
The anticipated units would probably be in the middle income bracket,.but it has not
been determined.
b. Approximately how many units, if any, woutd be eliminated? Indicate whether
high, middle, or low-income housing.
None
c. Proposed measures to reduce or control housing impacts, if any.
None Proposed.
10. AESTHETICS
a. What is the tallest height of any proposed structure(s), not including antennas:
what is the principal exterior building material(s) proposed?
Heights will be comparable to single family residents, under 35 feet.
b. What views in the immediate vicinity would be altered or obstructed?
Views from the surrounding single family lots would change from treed lots to single
family lots.
c. Proposed measures to reduce or control aesthetic impacts, if any:
None proposed
11. LIGHT AND GLARE
a. What type of light or glare will the proposal produce? What time of day woutd it
mainly occur?
Light from single family homes and streetlights would come at night. Glare from glass
on single family homes could come during the day light hours.
b. Could light or glare from the finished project be a safety hazard or interfere with
views?
The tight or glare from finished single family home should be minimal and not cause a
safety hazard.
c. What existing off-site sources of light or glare may affect your proposal?
Possible single family homes in the area, or traffic traveling along the roadways.
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d. Proposed measures to reduce or control light and glare impacts, if any:
None proposed
12. RECREATION .
a. What designated and informa! recreational opportunities are in the immediate
vicinity?
Redondo Marina, Star Lake and Binghamen Pond Park Steel Lake Park.
b. Would the proposed project displace any existing recreatioual uses? If so, describe.
i��•7
c. Proposed measures to reduce or contrn! impacts on recreation, including recreallon
opportunities to be provided by the project appticant, if any:
Create an onsite recreation lot.
13. ffiSTORIC AND CULTURAL PRESERVATION
a. Are there any places or objects listed on, or proposed for, nationat, state, or local
preservation registers known to be on or neat to the site? If so, generally describe.
None proposed and none known
b. . Generally describe any landmarks or evideace of historic, archaeoiogical, scientific,
or culturat importance known to be on or next to the site.
None Known
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c. Proposed measures to reduce or controt impacts, if any:
None proposed
14. TRANSPORTATION -
a. Identify public streets and highways serving the site, and describe proposed access
to the existing street system. Show on site ptans, if any.
The main access point will be Start Lake Road. The main road this project will build
will be S 275�' Place
b. Is site currently served by pubtic transit? If not, what is the approximate distance
to the nearest transit stop?
Transit uses 5.272`� Street.
a
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c. How many parking spaces would the completed project have? How many would
the project eliminate?
There is anticipated to be two spaces per lot minimum, so 2 times 19 equals 38 spaces. -
None will be lost.
d. Will the proposal require any new roads or streets, or improvements to existing
roads or streets, not including driveways? If so, generally describe (indicate
whether public or private).
There is one new public road proposed, S. 275�' Place. Star Lake Road will be improved
along the frontage of the project.
e. Will the project use (or occur in the immediate vicinity ofl water, rail, or air
transportation? If so, generalty describe.
There is no service in the immediate vicinity. Air transportation is approximately 5-10
miles to the north. It appears that the site is within the 65 LDN contour of the Seattle-
Tacoma International Airport as identified by the Port of Seattle Part 150 Noise
Exposure Map.
f. How many vehicular trips per day would be generated by the completed project?
If known, indicate when peak volumes would occur.
Using 10 trips per unit per day, this would generate 10 x 19 = 190 vehicular trip per day.
The anticipated peak times would be in the morning, when leaving for work, and evening
when they return from work.
g. Proposed measures to reduce or control transportation impacts, if any:
None proposed.
15. PUBLIC SERVICES
a. Would the project result in an increased need for public services (for example: fire
protection, police protection, health care, schools, other)? If so, generally describe.
Yes since this project will bring families into the neighborhood, more public services
will be necessary to serve them, similar to surrounding neighborhood.
b. Proposed measures to reduce or control direct impacts on public services, if any:
None proposed, but the new residents will be paying taxes to support these services.
16. UTILITIES
a. Circle utilities currently available at the site: electrici , natural gas, water, refuse
service, tele�hone, sanitarv sewer, septic system, other.
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b. Describe the utilities that are proposed for the project, the utitity providing the
service, and the general construction acNvities on the site or in the immediate
vicinity which might be needed.
The utility services will be provided as follows:
Sewer- Lakehaven Utilities
Water - Highline Water District
Power- Puget Sound Power
Gas- PugeE Sound Energy
Telephone- US West Communications
c. Signature
The above answers are true and complete to the best of my knowledge. I
understand that the lead agency is relying o; thear to�nake its decision.
.
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Signature of Proponent / Applicant =
Date; _� Z - j c �y� �
Received, Buitding and Land Use services Division:
Date Submitted:
Receipt # Filing Fee $
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