Res 03-388RESOLUTION NO. 03-388
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS, THE PENA PRELIMINARY PLAT, FEDERAL
WAY FILE NO. 01-104415-00 SU.
WHEREAS, the owner Mr. Federico Pena, applied to the City of Federal Way for preliminary plat
approval to subdivide certain real property known as Pena, consisting of 1.44 acres, into seven (7) single
family residential lots located south of SW 3442 Street between 18th Avenue SW and 21~ Avenue SW;
and
WHEREAS, on November 16, 2002, an Environmental Determination of Nonsignificance (DNS)
was issued by the Director of Federal Way's Department of Community Development Services pursuant
to the State Environmental Policy A~ct (SEPA) and Chapter 43.21C RCW; and
WHEREAS, no comments or appeals responsive to the DNS were submitted to the Department of
Community Development Services; and
WHEREAS, on May 19, 2003, the Federal Way Land Use Hearing Examiner held a public hearing
concerning the Pena preliminary plat; and
WHEREAS, following the conclusion of said hearing, the Federal Way Land Use Hearing
Examiner issued a written Report and Recommendation, dated June 3, 2003, containing his findings and
conclusions, and recommended approval of the preliminary plat of Pena subject to the conditions set forth
therein; and
WHEREAS, pursuant to Section 20-127 of the Federal Way City Code, the Federal Way City
Council has jurisdiction authority and to approve, deny, or modify a preliminary plat and/or its
conditions; and
WHEREAS, pursuant to Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and ali
other applicable City codes, on June 16, 2003, the City Council Land Use and Transportation Committee
Res. tD3-388., Page I
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considered the record and the recommendation by the Hearing Examiner regarding the Pena preliminary
plat, and voted to forward a recommendation for approval of the proposed Pena preliminary plat, with no
changes to the Hearing Examiner recommendation, to the full City Council; and
WHEREAS, pursuant to Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all
other applicable City codes, on July 1, 2003, the City Council considered the record and the Hearing
Examiner's recommendation on the Pena preliminary plat.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS
FOLLOWS:
Section 1. Adoption of Findings and Conclusions.
1. The findings and conclusions contained in the Land Use Hearing Examiner's June 3,
2003, Report and 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/or 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 the
recommendation and conditions of approval as established in the Hearing Examiner's June 3, 2003,
Report and Recommendation, the proposed subdivision makes appropriate provisions for the public's
health, safety, and general welfare; for such open spaces, drainage ways, streets or roads, alleys, other
public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, playgrounds,
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.
3. The public use and interest will be served by the preliminary plat approval granted
herein.
Section 2. Application Approval.
Based upon the June 3, 2003, Report and Recommendation of the Federal Way Land Use Hearing
Examiner and the findings and conclusions contained therein as adopted by the City Council immediately
Res. #03-388., Page 2 File #01-104415-00-SU / mc. ~.~). 2~38~
above, the preliminary plat of Pena, Federal Way File No. 01-104415-00-SU, is hereby approved, subject
to the conditions contained in the June 3, 2003, Report and Recommendation of the Federal Way Land
Use Hearing Examiner (Exhibit A).
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's 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 that 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. Upon such review, the
Hearing Examiner shall conduct such additional proceedings as are necessary to assure that the proposed
plat makes appropriate provisions for the public's health, safety, and general welfare, and other factors as
required by Chapter 58.17 RCW 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.
Section 5. Ratification.
Any act consistent with the authority and prior to the effective date of the Resolution is hereby
ratified and affirmed.
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OF
Section 6. Effective Date.
This Resolution shall be effective immediately upon passage by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS lstDAY
July ., 2003.
CITY OF FEDERAL WAY
CITY CLERK, N. C[IP, ISTmff~P, gE~q, CMl2
APPROVED AS TO FORM:
CITY ATTORNEY, PATR1CIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO:
6/19/03
7/1/03
03-388
Res. ~03-388 , Page 4 File #01-104415-00-SU / mc. m 233,~
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ti'h!!
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CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF:
PRELIMINARY PLAT OF PENA
FWHE# 03-04
FW File #01-104415-00-SU
I. SUMMARy OF APPLICATION
The applicant is requesting preliminary plat approval of a seven lot residential lot
subdivision as provided for under Federal Way City Code (FWCC) Chapter 20,
"Subdivisions", and requiring approval pursuant to FWCC Section 20-110.
II. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:'
May 19, 2003
June 3, 2003
At the hearing the following presented testimony and evidence:
1. Deb Barker, City of Federal Way, Associate Planner
Stuart Scheuerman, ESM Consulting Engineers, 720 S. 348~ St., Federal
Way, WA 98003 ·
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1. Staff Report with all attachments
2. Power Point Presentation
III. FINDINGS
The Hearing Examiner has heard testimony, admitted documentary evidence into
the record, and taken this matter under advisement.
EXHIBIT_
PAGE
I
Page - 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.
All appropriate notices were delivered in accordance with the reqdirements of the
Federal Way City Code (FWCC).
The applicant has a possessory ownership interest in a rectangular, unimproved
1.44 acre parcel of property abutting the south side of SW 344"' Street and the east
side o.f 21st Avenue SW within the City of Federal Way. The site abuts 21st Avenue
SW for approximately 100 feet and SW 344~' Street for approximately 550 feet. 18"`
Avenue SW abuts the parcel's east property line and SW .44th Place abuts the
eastern 80% of the south property line. The applicant requests preliminary plat
approval to allow subdivision of the site into seven single-family residential lots with
a minimum lot size of 7,205 square feet and a maximum lot size of 9,224 square
feet.
The preliminary plat map shows that Lots 3 through 7 will access directly onto SW
344t~ Place and that Lots 1 and 2 will have a common driveway access onto said
street. Thus, the plat will have no internal roads and no access onto 21st Avenue
SW or SW 344"' Street.
o
The site and abutting properties in all directions are located in the Residential
Single-Family (RS-7.2) zone classification which authorizes single-family residential
homes on minimum lot sizes of 7,200 square feet. The Federal Way
Comprehensive Plan designates the site as Single-Family - High Density. The
preliminary plat complies with both the applicable zone classification and
comprehensive plan designation. Abutting uses include a park and ride facility to
the north, the approved preliminary plat of Belle Meadow to the south,, vacant
property to the east across 18th Avenue SW, and vacant and single-family parcels
to the west across 21st Avenue SW.
The site contains Alderwood, gravely, sandy loam soils which are moderately well-
drained and capable of supporting urban development. The site has a gradual
slope rising from west to east at three to four percent and no steep slopes or other
geologically hazardous areas. Vegetation consists of several conifer trees, apple
trees and grass. Seven trees meet the definition of "significant" and the applicant
will preserve all seven trees.
EXHIBIT, -
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o
o
10.
11.
12.
13.
The site contains no wetlands or streams, and development will not impact the
nearest wetland to the site which is more than 200 feet to the northeast. The site,
formerly used for grazing and pastureland, does not support any endangered or
threatened species of plants or animals. The site provides some habitat for rodents
and songbirds.
The parcel, located in the western portion of the City, is in an area developing with
single-family residential dwellings. To the south the plats of Belle Meadow and
Keller will have single-family homes on lot sizes ranging from 7,205 to 9,442 square
feet.-The site shows no open space and the applicant will make an in-lieu-of
payment as approved by the City Director of Parks, Recreation, and Cultural
Services in accordance with Section 20-155 FWCC.
All lots are of rectangular shape and the average lot size measures 7,752 square
feet. The applicant has shown building footprints on each lot and all lots will have
adequate building area for a reasonably sized home.
Vehicular access to the site is provided by 18t~' Avenue SW which extends south
from SW 344t~ Street, and thence by SW 344~ Place which extends west from 18th
Avenue SW. As preViously found, all lots will access directly onto SW 344"'. The
applicant will install half-street improvements on the north side of SW 344t~ place
and will include six foot wide sidewalks which will link to an existing sidewalk on 18th
Avenue SW. The applicant will provide a ten foot wide, landscape buffer tract along
the western side of the parcel adjacent to 21st Avenue SW and will plant street trees
therein.
Half-street improvements on SW 344th Place will include the dedication of 22 feet
of additional right-of-way and the construction of eight feet of new pavement width
which will combine with the existing 20 feet. The applicant, in addition to the
sidewalk, will install a vertical curb and gutter, four foot wide planter strip with street
trees, and a three foot wide utility strip. Street lights will be installed on the south
side of 344t~ Place within the Belle Meadow subdivision. The applicant must also
install street trees and vegetation within the southwest 344th Street right-of-way.
School aged children residing in the plat will attend Sherwood Forest Elementary,
Illahee Junior High, and Federal Way Senior High School. Junior and senior high
students will receive bus transportation as said schools measure more than one
mile from the site, but elementary school students will walk to school. The applicant
prepared a school access analysis which identifies a safe walking path of travel for
elementary students walking to and from school. The applicant must pay school
EXHIBIT
Page - 4
14.
15.
16.
17.
impact fees as authorized by City Ordinance at the time of building permit issuance
which presently equals $3,894.00 per single-family housing unit.
While the plat proposes no open space or community parks, the Keller subdivision,
currently under construction, will provide a future park which will (~ontain a picnic
area and play equipment and will also provide both pedestrian and bicycle
connections to the existing BPA trail to the east. An additional access to the BPA
trail is located approximately one-half mile to the east through the Park Lane
Estates subdivision. The park and ride facility contains a pedestrian walking trail
and Saghalie Park is located approximately one mile to the northeast.
The Lakehaven Utility District has verified that it has ability.to provide domestic
water, fire flow, and public sewers to the site.
The City Public Works Director approved the applicant's request to direct storm
water runoff from newly created impervious surfaces to the Belle Meadow storm
drainage facility located on the south side of SW 344th Place opposite Lots 5
through 7 of the plat. The applicant verified that the Belle Meadow Facility has
sufficient pond capacity and water quality treatment for the two subdivisions.
However, the applicant must regrade the bioswale, remove the concrete divider,
and replace it in a manner to provide adequate residency time for storm water flows.
All storm drainage facilities must be in place prior to final plat approval.
Section 20-126(C) FWCC authorizes the Examiner to recommend approval of the
proposed preliminary plat to the Federal Way City Council if the project satisfies the
decisional criteria set forth therein. Findings on each criteria are hereby made as
follows:
Ao
As previously found, the project complies with the Federal Way
Comprehensive Plan which designates the property as "Single-family - High
Density". The applicant proposes a single-family subdivision with minimum
lot sizes of 7,200 square feet which is consistent with the comprehensive
plan.
Bo
The project is consistent with all applicable provisions of Chapter 20 FWCC,
including those adopted by reference from the comprehensive plan. The
applicant must comply with provisions of FWCC Chapter 18, Environmental
Policies; Chapter 20, Subdivisions; Chapter 22, Zoning, and all other
applicable codes and regulations.
EXHIBIT
PAGE_. OF '
Page- 5
As previously found, the project is consistent with the public health, safety,
and welfare as it provides all facilities and services, safe walking conditions,
and all factors set forth in RCW 58.17.110.
Do
As identified in the Staff Report, the project meets all design 'criteria set forth
in Section 20-2 FWCC.
The proposed preliminary plat complies with all development standards listed
in Sections 20-151 through 157, and 20-158 through 187 FWCC.
IV. CONCLUSIONS
From the foregoing findings the Hearing Examiner makes the following conclusions:
The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
The applicant has established that 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 rights-of-way, potable water
supplies, fire protection, sanitary waste, parks and playgrounds, schools and school
grounds, and safe walking conditions.
The proposed preliminary plat satisfies all criteria set forth in the FWCC and is
consistent with the goals, policies, and objectives of the Federal Way
Comprehensive Plan.
The proposed preliminary plat will serve the public use and interest by providing an
attractive location for a single-family residential subdivision in a growing area of the
City. Therefore, the Federal Way City Council should approve the preliminary plat
subject to the following conditions:
Final plat approval shall require full compliance with drainage provisions set
forth in the FWCC. Compliance may result in reducing the number and/or
location of lots as shown on the preliminary approved plat. Final storm
drainage engineering plans shall comply with the following:
Ao
Engineering plans for the Pena Preliminary Plat must depict the re-
grading of the Belle Meadow bioswale and the removal and
replacement of the concrete divider as recommended by the revised
EXHIBIT
Page - 6
TlR. The work must be reviewed and approved by City staff. The
improvements must be inspected and approved by City staff prior to
final plat approval for the Pena Subdivision.
Bo
If, for any reason, the required improvements to the' Belle Meadow
storm drainage facility are not constructed, the applicant will be
required to construct a storm drainage facility in conjunction with Pena
Preliminary Plat construction.
RECOMMENDATION:
The Federal Way City Council should approve the proposed preliminary plat of
Pena subject to the conditions contained in the conclusions above.
DATED THIS 3'd DAY OF June, 2003.
SCTEI~HE'N K. CA0SSE-AOx, J.l~~f
Hearing Examiner
TRANSMITTED THIS 3~ DAY OF June, 2003, to the following:
Agent:
ESM Consulting Engineers Inc.
Stuart Scheuerman
720 South 348t~ Street
Federal Way, WA 98003
Engineer:
ESM Consulting Engineers Inc.
Monty Bakken, P.E.
720 South 348th Street
Federal Way, WA 98033
Owner:
Fortunato Pena
1102~6282 Kathleen Ave. Apt 1102
Bumaby BC, Canada V5H4JH
Page - 7
Others:
Paul Rice
29604 18th Avenue S.
Federal Way, WA 98003
Somphane Saysanarogpue
29615 18th Avenue S.
Federal Way, WA 98003
Tom Lawson
29609 - 18"' Avenue S.
Federal Way, WA 98003
City of Federal Way
cio Chris Green
P.O. Box 9718
Federal WaY, WA 98063-9718
EXHIBJ, T
PAGE
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 fodh 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 headng 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 recJord 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 and/or 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 hearin9 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 approvin9 or
disapprovin9 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)
(b)
(c)
(d)
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.
EXHIBIT
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