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Res 10-580RESOLUTION NO. 10 -580 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING NORPOINT HEIGHTS PRELIMINARY PLAT, FEDERAL WAY FILE NO. 08-100329-00 SU. WHEREAS, the owner, Land Mark Homes, Inc., applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Norpoint Heights, and consisting of 3.0 acres into fourteen (14) single - family residential lots located at Norpoint Way NE (Tacoma) & 25 Avenue SW (Federal Way) near SW 353 Street in Federal Way WA; and WHEREAS, on August 12, 2009, an Environmental Determination of Nonsignificance (DNS) was issued by the City's State Environmental Policy Act (SEPA) official pursuant to Chapter 43.21C; RCW; and WHEREAS, the Federal Way Hearing Examiner on January 27, 2010, held a public hearing concerning Norpoint Heights preliminary plat; and WHEREAS, following the conclusion of said hearing, on March 2, 2010, the Federal Way Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and recommending approval of Norpoint Heights preliminary plat subject to conditions set forth therein; 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 WHEREAS, on March 15, 2010, the City Council Land Use and Transportation Committee considered the record and the Hearing Examiner recommendation on Norpoint Heights preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable Resolution No. 10-580 Page 1 of 14 City codes, and voted to forward a recommendation for approval of the proposed Norpoint Heights preliminary plat to the full City Council, with no changes to the Hearing Examiner recommendation; and WHEREAS, on April 6, 2010, the City Council considered the record and the Hearing Examiner recommendation on Norpoint Heights preliminary plat, pursuant to Chapter 20 ofFederal Way City Code, Chapter 58.17 RCW, and all other applicable City codes. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions 1. The findings of fact and conclusions of the Hearing Examiner's March 2, 2010 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 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, 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 Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, Resolution No. 10-580 Page 2 of 14 Norpoint Heights preliminary plat, Federal Way File No. 08- 100329 -00 SU, is hereby approved, subject to conditions as contained in the March 2, 2010, Report and Recommendation of the Federal Way 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 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. Section 5. Corrections The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 6. Ratification Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 7. Effective Date This resolution shall be effective immediately upon passage by the Federal Way City Council. Resolution No. 10-580 Page 3 of 14 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this 6 th day of April, 2010. CITY OF FEDERAL WAY 5 kOR, I KOCHMAR ATTEST: wMvAw.wj1 APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 3/30/2010 PASSED BY THE CITY COUNCIL: 4/6/10 RESOLUTION NO.: 10 -580 Resolution No. 10-580 Page 4 of 14 EXHIBIT A Resolution No. 10-580 Page 5 of 14 .BEFORE THE HEARING EXAMINER FOR THE CITY OF FEDERAL WAY Phil 01brechts, Hearing Examiner RE: Norpoint Heights FINDINGS OF FACT, CONCLUSIONS OF 08- 100329 -00 -SU LAW AND RECOMMENDATION INTRODUCTION The applicant requests approval of a preliminary plat to subdivide 3 acres into 14 single- family lots. The Examiner recommends approval, but contingent upon the drainage pond meeting public drainage pond standards. The primary issue in this application was the slope of a drainage pond. The proposed drainage pond satisfied slope standards for private ponds but not for public ponds. Public dedication of drainage ponds is required by City regulations "as appropriate." City staff provided very compelling and voluminous testimony on the need for public dedication of all .residential drainage ponds. Staff recommended denial if the applicant insisted on maintaining private ownership of the ponds. After the Examiner closed the verbal testimony portion of the hearing, staff and the applicant submitted a written agreed -upon conceptual plan for a drainage pond that at this stage appears to comply with public slope standards. The parties also submitted some recommended conditions of approval to cover private ownership should it not be possible to conform the conceptual drainage pond to the standards for public drainage ponds. There was no accompanying explanation as to why private ownership for the ponds would be appropriate in this case. Unfortunately, the staff's evidence for public ownership was so compelling that the Examiner has no evidentiary basis to conclude that a private owned drainage pond will provide for adequate infrastructure or be consistent with public health, safety and welfare as required by the City's subdivision standards. ORAL TESTIMONY David Lee — Associate Planner for Federal Way Staff Mr. Lee began by giving a brief description of the project proposal. Staff finds that four of the five criteria for subdivision approval have not been met due to the extreme slope of the stormwater facilities. Stormwater requirements require the dedication of the stormwater facility to the City. The City is unwilling to accept dedication due to the steep slopes. The slopes constitute a maintenance hazard. Staff recommends denial of the plat as designed due to the stormwater facility. However, Staff is willing to consider conditioning for approval of the preliminary plat upon the applicant meeting stormwater facility requirements. Staff acknowledged that conditioning approval on a facility that meets stormwater standards could result in a redesign of the plat that would require additional public review. tPAO769757.D0C;1 \13041.900000\ ) Preliminary Plat Recommendation P. l Findings, Conclusions and Recommendation Resolution No. 10-580 Page 6 of 14 William Appleton — Surface Water Manager for City of Federal Way Mr. Appleton began by addressing why the proposal does not meet four of the five subdivision criteria. Essentially the pond does not meet the side slope standards necessary for City ownership and is therefore not consistent with the public health, safety, and welfare. The City finds that it would be appropriate and necessary for the facility to be dedicated to the City, and under the current slope design, it does not meet the requirements or standards of acceptance. Under the current design, one of the side slopes in the pond is approximately fifty percent steeper than is generally allowed; which presents safety and maintenance problems. In regards to why the City desires to have these types of facilities under City control, retention ponds serve many important services that the City can best manage. Additionally, the ponds impact other City surface water facilities, and thus if not maintained properly, can have negative impact on City and eventually State waters. If these facilities are private, they are required to be maintained and operated at City standards. In addition, responsibilities for facilities, for which the property owners are responsible, must be shown on the plat documentation. Eventually, this means that homeowners in the development would themselves be responsible for maintenance of the facility and would also be responsible for costs of improper function. Past experience has shown that private ownership of such facilities has failed to meet City standards and has caused difficulties for the City and homeowners. City ownership also ensures quick and appropriate response to any spill or other concern. In the past 20 years, Mr. Appleton cannot think of a facility which the City has not accepted for maintenance. Although other cities take other means of management of stormwater facilities, Mr. Appleton .believes that taking on the facilities initially, rather than waiting for noncompliance of private ownership, avoids increased costs and damages in the long term: Not only the facility, but also the entire plat, would likely need to be redesigned in order to meet the slope requirement necessary for City acceptance. In response to the statements by the applicant: There are private stormwater retention areas in the City, but these were facilities accepted by King County prior to the incorporation of Federal Way. Commercial developments are permitted to have privately owned ponds, which is essentially allowed because only a single entity is in charge of maintaining the facility which provides greater assurance of appropriate maintenance as well as simpler enforcement. The stormwater design proposed by the applicant meets the 1998 Manual standards but does not meet the City's maintenance standards. Landscaping, or maintenance of landscaping, is only one aspect of the maintenance necessary for upkeep of the pond facility. Eric LeBrie — ESM Consulting Engineers Mr. LeBrie, and ESM Consulting, is generally in agreement with the majority of Staffs conclusions within the staff report, except for the stormwater slope requirements. He pointed out that private ownership of stormwater facilities is permissible under the FWCC and that there are plenty of privately owned facilities. Additionally, if this project were for commercial development, the pond would not be at issue, because those may be privately owned and maintained, thus allowing for fifty percent slopes in the pond, or even vertical slopes. There are (PA0769757.DOC;1\13041.900000\ ) Preliminary Plat Recommendation p. 2 Findings, Conclusions and Recommendation Resolution No. 10-580 Page 7 of 14 also areas within the FWCC which state that some facilities should be maintained privately and that dedication is only necessary where appropriate. The property cannot accommodate a 3 -to -1 (3:1) slope. The road is pushed as far south as can be pushed, and the road is planned at its minimum permitted width. Forcing 3:1 side slopes in this pond would essentially mean that the bottom of the pond would come to a point and the volume requirements cannot be met. Because of this, the pond was designed with a 2 -to -1 (2:1) side slope. Private ownership is being advocated because the property owners cannot meet the design requirements for a City - maintained pond for that area. Additionally, the applicants are designing the pond in conformance with the 1998 Surface Water Manual. The difference arises in design due to differing requirements between publicly and privately owned ponds. Where the requirements that the City pointed out for publicly owned ponds are true, privately owned ponds have much less stringent standards, per the Manual. In regards to contentions by staff that maximization of lots on site are the driving force, that is simply not true, because even with the removal of lots 13 and 14, the pond requirements still could not be met. Also, the applicant believes that there are instances when the management and maintenance of such sites is more appropriate in private hands. Private landscape maintenance of a 7,500- square-foot pond can likely be done more efficiently, and probably just better, than the City. Safety concerns are likely to only relate to professional maintenance workers, because a 6 -foot fence is also required. Nothing in the Federal Way regulations mandate publicly owned ponds and it is common in other jurisdictions to allow private ownership. Upon rebuttal:. Mr. LeBrie would argue that the site in question would have similar constraints as a commercial property and that water runoff would be similar as well. Fear of a HOA not existing in the future should not be a reason for denial. In regards to whether a change would be minor or not, a reduction of lots would result in a simply administrative alteration. EXHIBITS See list of exhibits at p. 12 of the January 19, 2010, staff report prepared by David Lee. In addition, the following exhibits were presented and entered into the record during the public hearing: L: PowerPoint by David Lee M: 2/3/10 Memo from David Lee regarding conditions of approval. N. 2/3/10 letter from Brianne Gastfield to Dave Lee regarding stormwater design. O. 2/3/10 "Storm Drainage Pond Alternative ". P. 2/10/10 Memo from David Lee regarding conditions of approval. FINDINGS OF FACT Procedural: Applicant David Litowitz on behalf of Landmark Homes, Inc. {PA0769757.DOC;1\13041.900000\ 1 Preliminary Plat Recommendation p. 3 Findings, Conclusions and Recommendation Resolution No. 10-580 Page 8 of 14 2. Hearing The Hearing Examiner conducted a hearing on the application at 2:00 p.m. at Federal Way City Hall on January 27, 2010. He left the record open through February 3, 2010 in order to provide staff an opportunity to provide conditions of approval should the applicant provide a stormwater detention facility with 3:1 slopes. The Examiner extended the record to February 10, 2010, in order to provide staff and the applicant with additional time to agree upon a stormwater facility design. Substantive: 3. Site/Proposal Description The applicant proposes to subdivide an approximate three - acre parcel of land into 14 lots for establishment of single- family residences. Street improvements, water, sewer, utilities, stone drainage control improvements, and other related infrastructure improvements will be installed to service the plat. Currently the site is undeveloped and partially wooded, with 27 significant trees and thick shrubbery. Of the 27 trees, I 1 will be removed. 4. Characteristics of the Area The property is situated in the southwestern portion of Federal Way and just north of Tacoma. The area is generally developed with residential housing of differing varieties. The land to the east is multi- family developments, and to the north, west, and south are single - family zoning districts with single- family homes. _ 5. Adverse Impacts The project has undergone a SEPA review and was issued a DNS. Staff received no comments or appeals. The staff in their analysis of the project identified no significant adverse impacts and none were discernable from the record except that the initially proposed stormwater detention facility constituted a safety and maintenance hazard, as further discussed below. 6. Adequacy of Infrastructure and Public Services As mitigated by staff, adequate infrastructure will serve development as follows: Drainage Stormwater design was the most contentious issue of this application. The applicants proposed 2:1 slopes for their storm drainage pond. Staff testified that a maximum of 3:1 slopes was authorized for publicly dedicated detention facilities. Slopes that are 3:1 are consistent with the 1998 King County Surface Water Design Manual (KCSWDM), but not with the requirements for dedication to the City. Staff testified that since Federal Way has been incorporated, all stormwater detention facilities are publicly dedicated. The Examiner finds that, as testified by staff, public dedication is necessary to ensure safe and proper maintenance. As testified by staff, home owner associations are often unreliable and it becomes difficult for City staff to compel maintenance. Covenants can be added to allow staff to maintain the pond at the expense of the homeowner association, but these covenants can be very difficult to enforce since ultimate responsibility is ultimately divided amongst the property owners of the subdivision. In this case, after the verbal testimony portion of the hearing was closed, the applicant and Staff were able to negotiate a conceptual design that appears to comply with the 2:1 slope requirement of public detention facilities. This in part was accomplished by (PA0769757.DOC;1 \13041.900000\ ) Preliminary Plat Recommendation p. 4 Findings, Conclusions and Recommendation Resolution No. 10-580 Page 9 of 14 displacing a 2:1 slope into an adjoining tract to be owned and maintained by a homeowner's association. In case the stormwater facility ultimately could not meet public facility requirements, the staff agreed to allow the facility to stay in private ownership. There was no explanation in the post verbal hearing written materials as to how staff could conclude that private ownership was safe and appropriate after having spent considerable time testifying that it was not. In short, staff provided very compelling and somewhat voluminous testimony justifying mandatory public dedication of residential stormwater facilities, and then agreed to private dedication with no explanation or evidence as to why this would be acceptable in this particular case. There is substantial evidence supporting a requirement for public dedication and none for private dedication. Given the evidence, the Examiner cannot find that private dedication will provide for sufficient and safe maintenance. The design of the stormwater facility will have to be publicly dedicated and meet public facility requirements. If the facility cannot meet public dedication requirements, it will not satisfy the conditions of approval recommended by the Examiner. Other than the slope issue for the drainage pond, the stormwater facilities of the project meet the requirements of the 1998 King County Surface Water Design Manual (KCSWDM) as modified by the City. The facilities are adequate if they can be publicly dedicated. Transportation As proposed and as required by the FWCC, the subdivision will be accessed through SW 353` Street, which connects to Norpoint Way NE. All lots are then accessed directly by SW 353` Street. The City's traffic engineer has reviewed the project and concluded that the proposed street layout is consistent with the FWCC and comprehensive plan in place at the time of the complete application. In addition, SW 353 Street will be constructed to City Standard roadway section "W" requirements, including a 28 -foot paved roadway with curb and gutter, a four -foot planter strip with street trees, streetlights, and utility strip. Street lighting is also required. The Public Works Department and South King County Fire and Rescue have also approved preliminary roadway design and curve radii as proposed. • Vehicular Access and Circulation: Concurrency analysis was performed to determine whether there is adequate roadway capacity to accommodate the development and also to identify traffic mitigation. The report identifies eight Transportation Improvement Plan projects impacted by the proposal and results in a $24,723 pro -rata mitigation payment to address the problems (Exhibit A, page 5 -6). The applicant may either make this payment or complete the identified improvements. • Pedestrian System As proposed and required, the plat complies with the FWCC subdivision code requirements for on- and off -site pedestrian circulation; and as such a sidewalk will be provided along the length of SW 353 Street. Full street improvements include a four- foot -wide planter strip, five - foot -wide sidewalk, and three- foot -wide utility strip. The Federal Way School District has reviewed the plan and did not have any comments regarding school access or configuration. (PAO769757.DOC;1 \13041.900000\ ) Preliminary Plat Recommendation p. 5 Findings, Conclusions and Recommendation Resolution No. 10 -580 Page 10 of 14 • Open Space The applicant has proposed to opt in favor of the permitted fee in lieu option rather than provide on -site open space. The fee in lieu of open space shall be calculated at 15 percent of the assessed value of the property, based on King County assessment, at the time of final plat approval. • Water The applicant proposes to serve the subdivision with a public water supply and distribution system managed by the Lakehaven Utility District. The January 22, 2008, Certificate of Water Availability indicates Lakehaven's capacity to serve the proposed development. If additional hydrants or other fire protection systems are indicated, a Developer Extension Agreement (DEA) may be required. • Sewage The applicant proposes to serve the proposed plat by a public sewer system managed by Lakehaven Utility District.. A January 22, 2008, Certificate of Sewer Availability indicates the district's capacity to serve the proposed development through a Developer Extension Agreement (DEA) between the applicant and the district. • Schools As part of the City's review of the proposal, the preliminary plat application was referred.to the Federal Way School District for review. A school access analysis submitted by the applicant indicates that the site is located in the service areas of Sherwood Forest Elementary, Illahee Junior High School, and Todd Beamer Senior High School. School service areas are reviewed annually and may be adjusted to accommodate enrollment growth and new development. All students will be served by bus access, and bus stops are at: 27 Avenue SW & 351` Place for the elementary and junior high, and at SW 349 Place & Coronado Park for the high school. Bus stops are subject to change, as student needs increase and roads are developed School impact fees will be collected at the time of building permit issuance. Currently those fees amount to $4,218.00 per single - family housing unit. School impact fees are determined on the basis of the District's Capital Facilities Plan and are subject to annual adjustment and update. The applicant's School Access Analysis concludes that without pedestrian improvements between Norpoint Way and the end of 27 Ave. S.W., "there is no other realistic access to the existing school bus stops" from the proposed development. The project will be conditioned to ensure that this issue is addressed. • Fire Protection South King Fire and Rescue requires that a fire hydrant be located within 350 feet of each lot. The Certificate of Water Availability from Lakehaven Utility District indicates that water will be available to the site in sufficient quantity to satisfy fire flow standards for the proposed development. The exact number and location of fire hydrants will be reviewed and approved by South King Fire and Rescue. (PA0768757.DOC;1 \13041900000\ ) Preliminary Plat Recommendation p. 6 Findings, Conclusions and Recommendation Resolution No. 10-580 Page I1 of 14 CONCLUSIONS. OF LAW Procedural: 1. Authority of Hearing Examiner FWCC 20 -110 (4) and (5) provide the Examiner with the authority to conduct a hearing and make a recommendation to the City Council on preliminary plat applications. Substantive: 2. Zoning Designation Single - Family — High Density, RS7.2 and Single- Family — High Density, RS5.0 3. Review Criteria and Application FWCC 20- 126(c) governs the criteria for preliminary plat approval. Those criteria are quoted in italics below and applied to the application under corresponding Conclusions of Law. FWCC 20- 126(c): Decisional Criteria. A Hearing Examiner shall use the following criteria in reviewing the preliminary plat and may recommend approval of the plat to the City Council if.• (1) It is consistent with the comprehensive plan; 4. The application is subject to the adopted Federal Way lb mprehensive Plan (FWCP), which designates the property as Single - Family — High Density. The proposed land use of a Single- Family housing development is permitted within the RS 7.2 and RS 5.0 zones and is consistent with density allowances and policies applicable to this land use as established in the FWCP. FWCC 20- 126(c)(2): It is consistent with all applicable provisions of the Chapter, including those adopted by reference from the comprehensive plan: 5. As discussed in the staff report, the project complies with all applicable criteria in FWCC Chapter 20 except for stormwater detention requirements that apply to public facilities. FWCC 20- 183(a) provides that stormwater facilities must meet the requirements of the KCSWDM. Section 5.3.1(c) of the KCSWDM, which apparently only applies to public facilities (the staff report does not make this distinction and the Examiner does not have access to the KCSWDM), requires that at least 25% of the pond perimeter will be a vegetated soil slope no steeper than 3H:1 V. FWCC 20- 183(c) provides that stormwater facilities will be publicly dedicated "as appropriate." As previously determined, all residential stormwater detention facilities are publicly dedicated and public dedication is necessary in order to ensure consistent, safe and adequate maintenance. Consequently, public dedication is "appropriate" and hence required under FWCC 20- 183(a). As a publicly dedicated facility, the facility must satisfy the slope requirements of KCSWDM Section 5.3.1(c). The project is conditioned accordingly. FWCC 20- 126(c)(3): It is consistent with public health, safety, and welfare 6. The proposed preliminary plat would permit development of the site consistent with the current Single - Family High Density land use classification of the FWCP and map. Proposed (PA0768757.D0Q1 \13041.900000\ ) Preliminary Plat Recommendation p. 7 Findings, Conclusions and Recommendation Resolution No. 10-580 Page 12 of 14 access and fire hydrant locations must meet all requirements of South King Fire and Rescue, and all future structures are required to be sprinklered. Future development of the plat in accordance with applicable codes and regulations. Mitigation measures require payments and/or improvements for adequate infrastructure. As previously discussed, the project will also be conditioned to provide for public dedication of its stormwater facility and in so doing will have to meet the slope requirements for public facilities. One issue related to public health, safety and welfare that is curiously missing from the City's conditions of approval are pedestrian improvements for safe walking conditions to school bus stops. The applicant's own analysis indicates that there is no access to school bus stops without pedestrian improvements between Norpoint Way and the end of 27 Ave SW, see Ex. I, p. 8. The project will be conditioned to provide necessary pedestrian improvements. As recommended with conditions, the project is consistent with public health, safety, and welfare. FWCC 20- 126(c)(4):. It is consistent with the design criteria listed in FWCC 20 -2: 7. 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, and provision for the housing needs of the community. One exception is the design. standards for the stormwater pond. As discussed elsewhere, public dedication is necessary, consequently compliance with the design standards of publicly owned facilities is required. The project is conditioned accordingly. 8. FWCC 20- 125(c)(5): It is consistent with the development standards listed in FWCC 20 -151 through 20 -157, and 20 -178 through 20 -187. 9. 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 local and state development codes and regulations. As proposed, and as recommended by the Hearing Examiner, the preliminary plat application complies with all applicable statutes, codes, and regulations, with the exception of the pond retention facility. However, as conditioned, the application will be in compliance. RECOMMENDATION The Examiner recommends that the City Council approve the preliminary plat as set forth in the staff report of David Lee, dated January 19, 2010, subject to the following conditions: Public Works. Conditions: 1. Pedestrian improvements to assure safe walking conditions to school bus stops as detailed in the School Access Analysis. Final location and design of the school access path shall be approved by the Federal Way School District and the Federal Way Public Works Department prior to issuance of construction permits for infrastructure improvements. {PA0769757.DOC;1 \13041.900000\ } Preliminary Plat Recommendation p. 8 Findings, Conclusions and Recommendation Resolution No. 10 -580 Page 13 of 14 2. Design of the stormwater drainage pond shall be consistent with the conceptual design presented in Exhibit O. In addition the stormwater drainage pond shall be subject to the following: • It must be demonstrated through the final engineering design and review process that the design meets all design criteria for Public ponds, per the 1998 King County Surface Water Design Manual (KCSWDM). • The City will accept the pond for operations and maintenance, after Final Plat recording and upon successful completion of the City Code required post - construction two -year maintenance period. • Approval/agreement from the property owner(s) on the north side of the pond, for a wall to be constructed on that adjacent property, and any walls built on parcels/property other than within the pond tract will be owned and maintained by those adjacent property owners. • Third -party structural review /approval of all walls associated with the pond. • Walls to meet design criteria set forth by a Licensed Professional Geo- Technical Engineer and third party review will be required. Planning Conditions:. 1. Prior to approval of the final plat, the applicant must submit to the City of Federal Way fee in- lieu -of open space, calculated on 15 percent of the most recent assessed value of the property at the time of final plat. 2. A copy of the Home Owners Association (HOA) /Covenant Agreement must be recorded prior to recording of the plat. The HOA/Covenant Agreement must contain language which governs the responsibility of owning/maintaining common landscaping tracts along Norpoint Way NE and the non- public landscaping tract in and around the stormwater detention facility. 3. The power easement for Puget Sound Energy that runs north/south along the eastern portion of the proposed preliminary plat must be shown on the final recorded plat. Additionally, the buildable areas of each lot shall be shown outside of the easement. Dated this 28" day of February, 2010. Phil Olbrechts Hearing Examiner City of Federal Way {PA0768757.DOC;1 \13041.900000 \) Preliminary Plat Recommendation P. 9 Findings, Conclusions and Recommendation Resolution No. 10 -580 Page 14 of 14