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Res 02-379RESOLUTION NO. 0 2 - $ 7 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF ORCHID LANE, FEDERAL WAY FILE NO. 00-100947-00-SU. WHEREAS, the applicant Harbour Homes by Genereco Inc., applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Orchid Lane and consisting of 15.9 acres into fifty (50) single family residential lots located north and west of the intersection ofSW 344~ Street and 12t~ Avenue SW; and WHEREAS, on July 3, 2002, an Environmental Mitigated Determination ofNonsignificance (MDNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEPA), RCW 43.2 lC; and WHEREAS, no appeals on the MDNS were submitted to the Department of Community Development Services; and WHEREAS, the Federal Way Land Use Hearing Examiner on October 22, 2002, held a public hearing concerning the Orchid Lane preliminary plat; and WHEREAS, following the conclusion of said hearing, on November 1, 2002, the Federal Way Land Use Hearing Examiner issued a Report and Recommendation containing findings and conclusions, and recommending approval of the preliminary plat of Orchid Lane subject to conditions set forth therein; and WHEREAS, the Federal Way Land Use Hearing Examiner on November 7, 2002, issued a revision to condition number five of the November 1, 2002, Report and Recommendation; and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-127 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and ORIGINAL 02-379 Res # , Page I File #00-100947-00-SU / ~oc m 2o92~ WHEREAS, on November 18, 2002, the City Council Land Use and Transportation Committee considered the record and the Hearing Examiner recommendation on the Orchid Lane preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, and voted to forward a recommendation for approval of the proposed Orchid Lane preliminary plat to the full City Council, with the following minor modification to the Hearing Examiner recommendation: "Prior to final plat approval, the applicant shall either construct four speed humps to city standards or contribute $8,000.00 to the City for implementation of traffic calming devices to mitigate project impacts"; and WHEREAS, on December 3, 2002, the City Council considered the record and the Hearing Examiner and Land Use and Transportation Committee recommendations on the Orchid Lane preliminary plat, 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 November 1, 2002, Report and Recommendation, and November 7, 2002, revision attached hereto as Exhibits A and B and incorporated by this reference, are hereby adopted as the. findings and conclusions of the Federal Way City Council, except the third paragraph of Hearing Examiner Finding #21 is deleted and replaced with Finding # 19 of the October 22, 2002, Orchid Lane preliminary plat staffreport. 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, dra~na~e.w~y~ st~reets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary Res~ 2 = S ~, l~ge 2 File#00-100947-00-SU/l~m2092~ waste, parks and recreation, play grounds, schools and schools 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. 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, except as modified herein, as adopted by the City Council, the preliminary plat of Orchid Lane, Federal Way File No. 00-100947-00-SU, is hereby approved, subject to conditions as contained in the November 1, 2002, Report and Recommendation of the Federal Way Land Use Hearing Examiner, November 7, 2002, Hearing Examiner revision to condition number five (Exhibits A and B), and subject to the following condition: "Prior to final plat approval, the applicant shall either construct four speed humps to city standards or contribute $8,000.00 to the city for implementation of traffic calming devices to mitigate project impacts." Section 3. Conditions of Approval Integral. The conditions of approval of the 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 Res t) 2 - .q ~PalJe 3 File #00-100947-00-SU / DoclD2092! shall not affect the' validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. OF. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS ~ DAY ~ ,2002. ~OF FEDERAL WAY I'~VI~YOR, JEANNE BURIflIDGE ~'TTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Res #0 2 - 13 ,~a~e 4 File #00-100947-00-SU / ~o~ m 209~1 Page- 1 CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAHINER IN THE I~4A~ER OF: PRELIMINARY PLAT OF ORCHID LANE FWHE#02-O5 I. SUMHARY OF APPLICATION The applicant is requesting preliminary plat approval of a SO-lot residential lot cluster subdivision as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," and requiring approval pursuant to FWCC Section 20-110. 11. PROCEDURAL INFORI'4ATION Hearing Date: Decision Date: October 22, 2002 November 1, 2002 At the hearing the following presented testimony and evidence: 1. Jim Harris, Senior Planner, City of Federal Way Tom Barghausen, agent for applicant, 1821 S 72nd Avenue South, Kent, WA 98032 3. Dan Papke 4. Kerry Rogue, City of Federal Way David St. Pierre, Attorney for City, I1 Front Street South, issaquah, WA 98027-3820 Brent Carson, Buck and Gordon LLP, 1011 Western Avenue Ste. 902, Seattle, WA 98104 At the hearing the following exhibits were admitted as part of the official record of these proceedings: EXHIBIT. PAOE I OF,tO Page - 2 1. Staff Report with all attachments 2. Copy of Power Point Presentation 3. Letter to Federal Way from Harbour Homes dated October 18, 2002 4. City response to Harbour Homes dated October 22, 2002 II!. FINDINGS The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. I 'The Community Development Staff Report sets forth general findings, iapplicable policies and provisions in this matter and is hereby marked as Exhibit "1" and incorporated in its entirety by this reference. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC). The applicant has a possessory ownership interest in an "L" shaped, ,15.9 acre, unimproved site located at the northwest comer of the intersection of 12m Ave. SW. and the unopened SW 34~,th St. right-of-way. The applicant requests approval of a lot clustering preliminary plat which will allow subdivision of the sire.into 50 single family residential lots with a minimum lot size of 4,614 square feet and an average lot s'~e of 5,413 square feet. The plat map shows 12th Ave. SW extended to the north property line and SW 344th St. extended to 15th Pl. SW, west of the plat parcel, internal plat roads will access from both 12th Ave. SW and SW 344th St., and all lots will access onto internal plat roads. Internal plat road D will stub against the west prope~y line. The westem portion of the "L" extension cOntains a Type 2 wetland and 1OO foot wide wetland buffer. Tracts B and C, located at the northeast comer of the plat, will contain recreational open space and a storm drainage pond. Unimproved properties located in the Rlq-3,600 Muir-Family zone classification abut the east property line, and unimproved parcels in the RS-7.2 High Density classification abuc the north and west property lines. A conventional subdivision abuts the south side of the unopened SW 344th St., and a Bonneville Power Administration EXHIBIT PAGE OF Page - 3 10. 11. 12. (BPA)transmission line easement along with a bike pedestrian trail extend across the southeast comer of the site. Saghalie Junior High School and Saghalie Park are located to the north of the site adjacent to SW Campus Drive. Sherwood Forest Elementary School touches the southeast comer of the site within the BP^ easemenL The site Itself is within the RS-7.2 zone classification and the Single Family High Density designation of the Federal Way Comprehensive Plan. Soils on the sire consist of Alderwood gravelly sandy loam which are capable of supporting urban development and which have a slow to medium storm water runoff and moderate erosion hazard. The applicant proposes to mass grade the sire due to the small lot sizes, reduced construction costs, reduced truck traffic, and better erosion control. Staff supports the applicant's proposal. The topography consists of a gradual slope rising from north to south with a gradual slope down to the west. No steep slopes or other geological hazardous areas exist on the site. Vegetation consists of a mixed second growth forest of dedduous and conifer trees and a dense story of shrubs. The applicant has submitted a significant tree survey/retention plan which proposes removal of more than 75% of the significant trees. The plan also proposes to plant replacement trees within open space lract B. The applicant must secure approval of a tree clearing plan and landscape plan in accordance with Sec-don 20-158 FWCC. As previously found, a Type 2 wedand with 100 fooc wide buffer in the northwest comer of the site will remain in their natural condition. ^ mitigating measure set forth in the SEPA MDNS requires fencing and signing of the perimeter of the buffer to minimize intrusions. The applicant engaged Terra Associates, Inc., to prepare a wildlife habitat evaluation (Exhibit "15"). The City's expert, Sheldon and Associates, Inc., reviewed the evaluation and concurred with its findlngs and conclusions. While the site provides habitat for a number of animal species, none are listed as threatened, endangered, or sensitive, lhe applicant will mitigate the disruption of wildlife habitat by retaining approximately 4.6 acres of the sire in open space to include the wedand and buffer. The applicant proposes a cluster subdivision pursuant to Section 20-152~ FWCC. Said section authorizes development of the sire with the same number of lots that could be recognized if developed with a conventional subdivision. The formula set forth r. herein would allow a development of 62 lots, and as previously found, the applicant proposes EXHIBIT /4 ,,. PAGE OF,lO -. Page - 4 13. 14. 15. 16. 50 lots. Section 20-154 FWCC provides that an applicant may reduce the lot size In a cluster subdivision to one-half of the size of the underlying zoning requirement, but in no case smaller than 3,600 square feet. As previously found, the site is located within the RS-7.2 zone classification which requires a minimum lot size of 7,200 square feet. Secdon 20-154 authorizes reduction of lot size to a minimum lot size of 3,600 square feet. As previously found, the applicant's minimum lot size will equal 4,614 square feet, well above the authorized minimum. Section £0- I 5'~(e) FWCC requires the plat to provide 15% of the site as usable open space. Iract t3, located near the northeast comer, contains 104,709 square feet, is proposed for a usable open space area, and calculates to 15.03% of the site. lhe applicant will install an irrigated, open lawn, play area, landscaping, gravel, a pedestrian path, and children's tot lot. Approximately two-thirds of Tract B will remain in its natural condition as native open space. Since future homeowners will own Tract B, they could develop other portions thereof with active recreational uses. Tracts G and H, located at the southeast comer of the plat on either side of 12th Ave. SW, provide an additional 7,000 square feet of open space. The applicant will construct sidewalks along both sides of internal plat streets and on one side of both 12th Ave. SW and SW 344th St~ across the plat frontage. The applicant will also provide a pedestrian link from the north cul-de-sac to the north property line. Additional pedestrian paths will link the south internal cul-de-sac with 12th Ave. SW, SW 344th SE, and the BP^ pedesffian trail. Upon build-out the subdivision will generate approximately 478 average daily trips, 51 of which will occur during the p.m. peak period. Said trips will utilize both 12th Ave. SW and SW 344th St. and will impact several off-site intersections identified in the MDNS. The applicant will improve 12th Ave. SW across the plat frontage cb a three quarter street standard for a principal collector, and will dedicate right-of-way therefor in widths which vary from 56 to 70 feet. The applicant will construct SW 344th St. across the plat frontage to three quarter street improvement standards and will dedicate 28 feet of right-of-way. The applicant will also Cortstruc[ SW 344th St. from the west plat boundary to 1~th5 Pl. SW [o half street standards. Internal plat roads will consist of 32 feet of pavement, curbs, gutters, and sidewalks within a 56 foot wide right-of- way. AS required by the MDNIS, the applicant will also make pro rata payments ro five off-site Transportation Improvement Plan projects in the total amount of $77,200. As shown in its school walking mute analysis (Exhibit "18'), the applicant has provided continuous peclestfian facilities to Sherwood Forest Elementary School and to bus stops servicing students attending lllahee Junior High School and Federal Way High School. EXHIBIT., PAGE ,OF Page - 5 17. 18. 20. The applicant will also comply with the City's School Impact Fee Ordinance. Parks convenient to the site include the City's BPA trail and Saghalie Park, located approximately one mile from the site via public streets or the BPA trail. Other nearby parks include the Panther Lake Park and the King County ^quadc Center. The Lakehaven Utility District will provide both domestic wamr and fire flow to the si~e and sewer service to each lot. The applicant must construct the project storm drainage facilities in accordance wit~ the requirements of the 1998 l~ng Count/Surface Water Design Manual (KCSWDM) and the City's amendments thereto. The Preliminary Stormwater Technical Information Repor~ (Exhibit "22") shows that-the site falls within two drainage subbasins which converge approximately one mile downstream. The preliminary design proposes to collect and convey water from both basins into a water quali~y treatment facil~ located in Trac~ C at the northeast comer of the site adjacent to ! 2t~ Ave. SW. The water will eventually flow from the pond into the Panther Lake regional facility. Future builders will direct roof rUnoff from Io~s 13 through 19 co the wedand buffer. Prior to approving a preliminary plat the Examiner must find that the request satisfies the criteria set forth in Section 20-126(c) FWCC. Findings on each criteria are hereby made as follows: As previously found, the project is consistent with the Federal Way Comprehensive Plan which designates the site as Single Family-High Density. The applicant proposes a high density, single family cluster plat wil~ lot sizes varying roughly between 4,000 and 8,000 square fee~. .Assuming compliance with conditions of approval, the project will meet all applicable provisions of FWCC Chapters 18, 20, and 22 and those provisions adopted by reference from the comprehensive plan. The project is consistent with the public health, safety, and welfare assuming compliance with conditions of approval and with applicable codes and regulations. The proposed preliminary plat is consistent with the design criteria set fom~ in Section 20-2 FWCC including those criteria addressing the effective use of land, promotion of safe and convenient travel on streets, provision fo~ the housing needs of the community, protection of environmentally sensitive areas, and EXHIBIT_ *' PAGE Page - 6 preservation of permanent open space. The preliminary plat complies with the development standards set forth in Sections 20-151 through 157 and Sections 2CL158 through 187. 21. At the commencement of the heating the applicant objected to the imposition of a mitigating measure set forth in the HI)NS, specifically the $58,300 payment for the project's trips using I 0th Ave. SW. In addition, the applicant challenged the wording of several of the City's Findings of Fact and proposed conditions of approval. During the course of the hearing the applicant and the City reached agreement on the HDNS measure as well the language for Findings of Fact and for conditions of approval with the exception of Condition No. 7 which reads as follows: Prior to final engineering plan approval; the applicant shall meet with neighborhood groups to address a-affic impacts. The meeting shall address neighborhood concerns per~lning to potential Increase in traffic volumes and speeds as result of the development. The intent of the meeting is to develop consensus on traffic calming devices conforming to City requirements to be installed by the applicant prior to recording of final plat. Current traffic calming devices used to control volumes and speeds include speed humps, speed tables~ traffic circles, chicanes, curb extensions, signs, pavement markings, or other devices as approved by the Public Works Director. While the Examiner has found that meetings between an applicant and residents of an area are very beneficial as such allows the residents to become familiar with th_e proiect and allows an applicant to address citizen concerns in an informal setting. Issues such as condition no. 7 can be addressed in such a meeting where appropriate. However, such meetings should occur prior to preliminary plat approval where residents and the applicant have an opportunity to voice their concerns regarding proposed mitigating measures and not after the hearing where the Examiner has no further jurisdiction. Furthermore, neither the FWCC, the comprehensive plan, nor City policies and regulations require an applicant to conduct such meedng. Thus, while beneficial, such meetings are voluntary. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: EXHIBIT, PAGE Page - 7 The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. The following changes are hereby made to the City's Findings of Fact and Conclusions set forth in Section XI of the staff report: The first sentence of the third paragraph of Finding of Fact No. 9 is hereby revised to read as follows: Tract A will be delineated as a separate tracr~ and owned and maintained by the subdivision homeowners association. The final sentence of Finding of Fact No. 14 is hereby revised r~ read as follows: The applicant has submitted and staff has approved a significant tree survey and retention plan that complies with FWCC Section 20-186 for the purposes of preliminary plat review. Prior to the issuance of construction permits for plat infrastructure construction~ a final landscape plan prepared by a licensed landscape architect shall be. submitted to the City for review and approval. C. The final sentence of Finding of Fact 1 8 is hereby amended to read as follows: in accordance with the FWCC, all street improvements must be dedicated as City right-of-way (except the private access tracts) and improved to full street standards except as set forth below. The applicant has established thac the request for preliminary plat approval of Orchid Lane is consistent with the Federal Way Comprehensive Plan and the Federal Way Zoning Code. The proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, roads, alleys, other public ways, ~ransit stops, potable water supplies, sanitary waste, parks and recreation, playgrounds, schools and school grounds, and safe walking conditions. The proposed cluster subdivision of Orchid Lane will serve the public use and interest by providing an attractive location for a single family residential subdivision convenient co schools and public parks, and will at the same rime preserve and protect a Type 2 EXHIBIT PAGE OF (0 Page - 8 wedand for the benefit of the public. Therefore, the proposed preliminary plat should be approved subject to the following conditions: Final plat approval shall require full compliance with drainage provisions set forth in the FWCC. Level 1 smrmwater runoff control (detention) for the majority of the site shall be provided by the Panther Lake Regional Stormwater Facility. The developer is required to analyze the downstream drainage system to the Panther Lake Regional Storrnwater Facility to verify adequate capacity; to design and construct new conveyance facilities; and to reconstruct any portions of the conveyance system necessary to accommodate the increase in runoff, in addition, the applicant will be required to pay a pro-ram share for off-site detention capacity to be determined by the City. The final plat shall not be recorded and construction of the offsite drainage conveyance system shall not begin until the necessary offsite easements have been recorded. The developer shall provide a treatment and detention facility for runoff from the remaining portion of the west basin that cannot be conveyed to the east basin due to topographic constraints. Final review of the stormwater quality and detention will occur in conjunction with the full drainage review. The final plat drawing shall establish Tract ^ as an open space tract to be owned in common and maintained by the homeowners association of the proposed subdivision. The final plat note shall include provisions, prohibiting removal or disturbance of vegetation and landscaping within the regulated wedands and buffers in Tract ^, except as necessary for maintenance or replacement of existing plantings and as approved by ~e City. ^ note shall be included on the final plat map that the open space tracts shall not'be developed with any buildings, and may not be used for financial gain. Prior to issuance of consmJction permits, a final landscape plan, prepared by a licensed landscape architect, shall be submitted to the City for approval and shall include the following elements: A. Open space landscaping in Tract B; B. Street trees in right-of-way landscape planter strips; C_ Significant tree preservation and replacement plan~ and EXHIBIT PAGE OF .... Page - 9 Visual screening of the storm drainage Tract C from adjacent right-of- way with landscaping and/or fencing. Cyclone fencing, if used, shall be coated black or green, and vegetation comparable to a FWCC Type !I! buffer shall be provided between the Tract C fence and 12th Avenue right-of-way. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) as amended by the City of Federal Way for this proiect, including the street improvements identified in staff report Finding of Facts Number 18. Mass clearing and grading of the plat is permitted for infrastructure construction and lot clearing. However, all of lract A and approximately Tract B will remain undisturbed. of Non-motorized access Tract F shall be owned and maintained by the homeowners association, as it is an extension off a private access tract.. Tracts I and J will be owned by the public. Maintenance and ownership provisions of these tracts must be identified on the final plat. RECOMMENDATION: lc is hereby recommended to the City of Federal Way City Council that the preliminary plat of Orchid lane be approved subject ro the conditions contained in the conclusions above. ~-~-4~P~EN i~. (~US'SEAU,% Hearing Examiner TRANSMITTED THIS Ist DAY OF November, 2002, to the following: Agent: Barghausen Consulting Engineers Inc. G. Wayne Potter 18215 72nd Avenue South Kent, WA 98032 EXHIBIT Iq - PAGE ,OF'lq - Page-10 Engineer: Kent Wilson John Baringer Hark Jacobs Brent Carson Susan Hendricks David St. Pierre Barghatsen Consulting Engineer~ Inc. Robert ]. Armstrong, PE 18215 72nd Avenue South Kent, WA 98032 1010 S. 336th S~. #305 1300 Dexter Ave. N. #500 2223 112th Ave. NE#101 1011 Western Avenue #902 P.O. Box 3649 11 Front Street South City of Federal Way c/o Chris Green P.O. Box 9718 Federal Way, WA 98063-9718 Federal Way, WA 98003 Seattle, WA 98109 Bellevue, WA 98004 Seattle, WA 98104. Federal Way, WA 98063 lssaquah, WA 98027 EXHIBIT_ ,, PAGE_ OF_ to CITY OF~ '~' ~P' 33530 1st Way South PO Box 9718 MEMORANDUM TO: PARTIES OF RECORD FROM: (25,3) 661-4000 ~~ ;)718 ^City Clerks Ottice c'~ty ot Federal Way STEPHEN K. CAUSSEAUX, JR., Hearing Examiner PRELIMINARY PLAT OF ORCHID LANE DATE: November 7, 2002 The Examiner issued a decision regarding the above endded matter on NoVember 1, 2002. Condition No. 5 is hereby revised to read as follows: Mass clearing and grading of the plat is permitted for infrastructure construction and lot clearing. However, all of Tract A and approximately 2/:3 of Tract B will remain undisturbed. SKC/ca EXHIBIT PAGE I OF I ,