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Res 90-026 0072.150.016 JDW/naa 04/25/90 R: 05/09/90 RESOLUTION NO. 90-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE PRELIMINARY PLAT OF DASH POINTE, KING COUNTY BUILDING AND LAND DEVELOPMENT FILE NO. 689-21. WHEREAS, the Hearing Examiner for King County held a public hearing concerning the preliminary plat of Dash pointe, and WHEREAS, at the conclusion of said hearing the King County Hearing Examiner issued his findings, conclusions, conditions, recommendations and order, and WHEREAS, subsequent to said hearing and said decision, the city of Federal Way incorporated, said incorporation occurring prior to the King County Council making a decision on the preliminary plat of Dash pointe, and WHEREAS, the city Council for the City of Federal Way is the body now having jurisdiction and authority to pass upon the approval, denial or modification of the conditions of said preliminary plat, and WHEREAS, the city Council determined the need for a public hearing to be held within the corporate limits of the newly incorporated city of Federa:l Way, and having called for ,. , " said hearing and notice of said hea;.ing having been given, the hearing having been held and at the conclusion of said hearing the City Council having made its decision and determined that there was a need to modify the conditions of approval, NOW, JDWO0827R -1- COpy THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The findings, conclusions and recommendations of the King County Hearing Examiner issued February 12, 1990, which included a recommendation to approve, subject to conditions, the preliminary plat of Dash Pointe, are hereby adopted as the Findings and Conclusions of the City Council. section 2. The preliminary plat of Dash Pointe, King County Building and Land Development File No. 689-21, is hereby approved subject to the following conditions: A. The conditions and recommendations contained in the King County Staff Report, copy of which is attached hereto and hereby incorporated in full by this reference; and B. The findings, conclusions and recommendations of the Office of the zoning and Subdivision Examiner for King County contained in its report and recommendation to the King County council, dated February 12, 1990, a copy of which is attached hereto and hereby incorporated in full by this reference; and C. The following additional conditions: i. The applicant has stated his intent ~ construct the surface water drainage system of sufficient to capacity to provide detention for the volume of water involved in a one hundred year event storm, with an outflow rate equal to the JDWO0827R -2- two year event storm. Based upon the applicant's statement of willingness and intent, the ci ty Council finds that the same should be imposed as an additional requirement and condition of approval; ii. The surface water drainage shall be reviewed by King County Surface Water Management for compliance with the King County and Federal Way Surface Water Management Codes and shall be redesigned and/or modified to meet the requirements of the King County Surface Water Management Department; and iii. In acknowledgment that the City of Federal Way has no City-owned park and recreation facilities at the time of this approval and that a determination had been made by the applicant and King County prior to incorporation of the City, that a fee in lieu of dedication should be paid, said condition of approval should be modified to provide that any such fees should be paid to the City of Federal Way and not King County. RESOLVED by the City Council of the City of Federal Way this 15thday of May, 1990. APPROVED: 91iJAA -~) MAYOR, DEBRA ERTEL , '- I,' \ SWANEY, CMC FILED WITH THE CITY CLERK: May 9, 1990 PASSED BY THE CITY COUNCIL: May 15, 1990 RESOLUTION NO. 90-26 JDWO0827R -3- \. EXHIBIT II A" .' . .' PARXS,. PLANNING AND RESOURCBS DEPARTMENT BUILDING AND LAND DBVELOPMENT DIVISION PRELIKINARY REPORT TO THE ZONING AND SUBDIVISION BXAMINER DECEMBER 12, 1989 - PUBLIC HEARING PROPOSED PLAT OF DASH POINT FILE NO: PROPOSED ORDINANCE NO,: 689-21 89-874 A, st~Y OF PROPOSED ACTION: B, This is a request for a subdivision of 30,7 acres into 42 lots for detached single-family dwellings, Lot sizes range from 8,500 to 27,500 square feet, The proposed project design is illustrated on Attachment 1, vENERAL INFORMATION: owner: Seafirst National Bank 14th Floor, Columbia Center 701 Fifth Avenue seattle, WA 98104 Bob West 1714 Palm Ave, S,W, seattle, WA 98116 Engineer: John R, Newell P.o. Box 396 Renton, WA 98057 Phone: 255-2190 Developer: H , T Joint Venture 4224 Waller Road Tacoma, WA 98443 STR: SW 14-21-3 Location: Generally between 47th Ave, S,W, (if extended) and Hoyt Rd. S,W, and gener- afly between S,W, 330th st, (if ex- tended) and the King County/pierce county Line, S-R (9,600) 30,7 42 (Revised - 1,37 du/acre) Ranges from 8,500 to 27,500 square feet Detached single-family residences Federal Way Sewer District city of Tacoma 139 - Federal Way 1210 - Federal way zoning: Acreage: Number of Lots: Typical Lot size: Proposed Use: Sewage Disposal: Water Supply: Fire District:. School District: c, '. \., A similar project, known as Dash point Heights and located on 18.4 acres of the subject a~te, received preliminary approval in March, 1980. No ac,ion was taken and the pre- liminary plat approval expired, HISTORY/BACKGROUND: The Subdivision Technical committee of King county has conducted an on-site examination of the subject property and has discussed the proposed development with the applicant to clarify technical details of the application and to deter- mine the compatibility of this project with applicable King county plans and codes and other official documents regulat- ing this development, As a result of preliminary discussions, the applicant presented the Technical committee with a revised plat on PROpOSED PLAT OF DASH pOINT FILE NO. 689-21 october 9, 1989, The primary modifications include redesign of the internal road configuration, delineation of wetland boundaries, relocation of the sanitary sewer easement, and the deletion of 24 lots, D, 1HRESHOLD DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE: Pursuant to the State Environmental Policy Act (SEPA), . RCW 43,21C, the responsible official of the Building and Land Development Division (BALD) issued a mitigated thres- hold determination of non-significance (MDNS) for the pro- posed development on May 2, 1989, This determination is based on the review of the environmental checklist and other pertinent documents, resulting in the conclusion that the proposal would not cause probable significant adverse im- pacts on the environment provided the following measures are complied with: 1, The wetland and its buffers shall be delineated and shown in a separate tract and designated as an NGPE, in accordance with comprehensive plan Policy E-329, The tract and NGPE (as appropriate) shall be shown on the engineering plans and the final recorded plat, A feasibility study comparing alternative sanitary sewer alignments and detention facility locations with respect to the wetland and buffer shall be prepared prior to engineering plat approval, 2. 3, To reduce the risk of increased erosion, construction related to clearing, filling, and grading shall be limited to the months of April through september, 4. To minimize potential downstream flooding, the stormwater design shall utilize a 2-year release rate. and a 50-year storage based on the 24-hour storm, Required floodplain information for the stream and wetland shall be submitted with the engineering plans, The floodplain shall be delineated as a NGPE, S, Agencies, affected tribes and the public were offered the opportunity to comment on or appeal the determination for fifteen days. After the close of the comment/appeal period, any comments asking for a reconsideration of the threshold determination were reviewed and considered, Neither the MDNS nor the specific mitigation measures were appealed within the allotted IS-day time period by any party, including the applicant, and, therefore, are incor- porated as part of the applicant's proposal. E, ~GENCIES CONTACTED: \ 1. King County Natural Resources' parks Division: The comments from this division have been incorporated into this report, 2. King county planning' community Development Division: See Attachment 2. 3, King county Fire protection Engineer: See Attachment 3, 2 1 \ PROPOSED PLAT OF DASH POINT FILE NO, 689-21 4, seattle-King County Health Department: The comments from the Health Department have been incorporated into this report, 5, Federal Way School District 1210: See Attachment 4, 6, Federal way Sewer District: 7, The comments from this district have been incorporated into this report, city of Tacoma Water Division: The comments from the city have been incorporated into this report, 8. Washington State Department of Ecology: No response.' 9, Washington state Department of Fisheries: No response, 10, Washington State Department of Natural Resources: No response, Washington State Department of wildlife: See Attachment 5, 11. 12, Washington state Department of Transportation: See Attachment 6, 13, King county conservation District: "The King county conservation District recommends the following development actions: 1, Minimize vegetative removal and disturbance, Install Temporary Erosion Sedimentation control facilities per plan prior to commencing mass clearing and grading operations. 2, 3, Where possible, avoid soil disturbance during rainy season, Install streets, utilities, and storm drains prior to construction of buildings, 4. .5. Avoid dumping soil, vegetative waste, or debris over steep slopes. Denuded ground còver should be protected within 15 d~ys of final 'disturbance of a particular area, Seeding, mulching, "Atting and mechanical forms of protection can be used to stabilize exPosed soils, All stockpiles of excavated soil or fill material should have erosion protection at all times, 6, 7, 8, 9, connect all roof drains to existing or future storm system, Design and management of sub-surface drainage system should be planner prior to construction and implemented according to that plan, All water should be convey~d to a safe, non-erosive outlet, 10, ""3-- ---- ---- F, PROPOSED PLAT OF DASH POINT FILE NO, 689-21 11. All road designs should use available soils information," See Attachment 7 for additional comments, 14, METRO: No response. 15, Washington Natural Gas: See Attachment 8, NATURAL ENVIRONMENT: 1. Topography: As shown on Attachment 1, the site slopes generally to the east and is characterized by a 10w- lying valley-in Tract B, Elevations range from approx- imately 225 feet near Joe's Creek to 350 feet along the western boundary line, steeper slopes occur in the southwest portion of the property and within the vicin- ity of lot 30, Refer to the Analysis section of this report for further discussion of this issue, Soils: Four surface soils are found on this site per King county Soil survey, 1973, 2, a, The area in the vicinity of lots 1-12 is classified AgD, ðSD - Alderwood gravely, sandy loam 15-30' slopes, Runoff is medium and the erosion hazard is severe, This soil has a severe limitation for foundations, due to slope and a moderate slippage potential, It has severe limitations for septic tank filter fields due to very slow permeability in the substratum, b, The central portion of the site is classified AgC, c, AgC - Alderwood gravely, sandy loam, 6-15' slopes, (AgC) , Runoff is slow to medium and the hazard of erosion is moderate, This soil has a moderate limitation for foundations, due to a seasonally high water table and slope, It has a severe limi- tation for septic tank filter fields due to very slow permeability in the substratum, The northern part of Tract B is classified Bh, Bellinaham (Bh} silt loam is a poorly-drained alluvial soil developed in nearly level depres- sions on the upland glacial till plain, Permea- bility is slow, with water table at or near the surface during wetter winter months. Runoff is slow, and the erosion hazard is slight, The degree of limitations for both low building foun- dations and shallow~~cavations is severe due to seasonal high water t?Lble and lIoderate shrink- swell potential and is severe for septic tank filter fields due to seasonal high water table and slow permeability, corrosivity is high for un- coated steel and low to lIoderate for concrete, Shrink-swell potential is low to moderate and can adversely affect dikes, levees, and embankments, This soil is fair for topsoil and poor for road- fill, It is best used for pasture and row crops and is designated as prime farmland in the King County area, 4 ;, PROPOSED PLAT OF DASH POINT FILE NO. 689-21 d, The area adjacent to Hoyt Road is classified RaC, Raanar (RaC} is a fine sandy loam that is wel1- drained, gently sloping to strongly rolling on dissected glacial outwash terraces, Slopes are 6 to 15 percent, permeability is moderately rapid in the upper part of this soil and rapid in the substratum, though silty layers in the substratum are slowly permeable, Runoff is medium, and the erosion hazard is moderate, The degree of limita- tions is slight to moderate for low building foundations, severe for shallow excavations due to slope and coarse-textured subsoil, and slight to moderate for septic tank filter fields due to slope and possible groundwater pollution/ contamination, corrosivity is low to moderate for both uncoated steel and concrete, 3. Hydrography: Joe's Creek flows across the site from south to north, and wetland 110 of Lower Puget Sound has been identified on the property, Water from both of these features flows into Lorene Lake and then into Puget sound, The lower portion of the creek contains spawning and rearing habitat for salmon and trout, Refer to the Analysis section for more information regarding this subject, 4, The site lies within the Lower Puget Sound sub-basin of the Puget Sound drainage basin, Vegetation: This site is moderately wooded with a second and third-growth mixture of coniferous and broad-leafed trees native to the Pacific Northwest, Second-story vegetation and groundcover consists of Northwest native species including salal, sword fern, berry vines and grasses, Wetland species also occur throughout the site, A list of plant species observed on the property is included in the October 9, 1989 wetland report prepared by Roger del Moral, 5, wildlife: Small birds and animals inhabit this site, however, their population and species are limited due to nearby development,- No special or endangered species are known to exist on or near the property, 6, Mapped Sensitive Areas: The Sensitive Areas Hap Folio indicates that the Bh soils support Class III seismic Hazards, and the AgD soils contain severe erosion hazards. \-' As previoU~lY mentioned, w~':1and nO of" the Lower Puget sound Basin and Joe's Creek; an unclassified stream, are located on the site, - G, ~EIGHBORHOOD CHARACTERISTICS: The property lies within a rapidly urbanizing neighborhood adjacent to pierce county, surrounding land use consists of stonebrook to the north, the preliminary plat of Stonebrook Division 2 to the west, and the 24-acre, 57-lot preliminary plat also known as Dash pointe to the southwest within pierce county. Parcels ranging in size from 1/2 acre to 1,17 acres lie to the south, 5 \ ,~ ., :i PROpOSED PLAT OF DASH pOINT FILE NO, 689-21 The site itself is undeveloped and uninhabited. The property has no known cultural or historical significance. H, GENERAL DESIGN: 1, Internal circulation: The internal roadway section will be constructed to urban standards, A8 depicted in Attachment 1, 47th Ave, S,W, will be extended to the south, 2, Lot Pattern: The applicant is conforming to the standard requirements to establish minimum lot areas of 9,600 square feet and may use KCC 21,08,080, lot aver- aging, where applicable, portions of the site will be subject to the slope-density guidelines included as Attachment 9, I, TRANSPORTATION PLANS: 1, Traffic Generation: It is expected that approximately 420 vehicle trips per day will be generated with full development of the proposed division, This calculation includes service vehicles (i,e, mail delivery, garbage pick-up, school bus) which may currently serve this neighborhood, work trips, shopping, etc, subdivision Access: Access will be gained via 47th Avenue Southwest, 2, 3, Adequacy of Arterial Roads: This proposal has been reviewed under both SEPA and the criteria in King County Ordinances 7544 and 8052, Adequacy of Existing Roadways and Intersections, 4, The peak-hour traffic generated by this 8ubdivision falls below the threshold requiring mitigation (ten peak-hour, peak-direction trips), The existing arter- ial system will accommodate the increased traffic volume generated by this proposal, Transportation Plans: The King County Interim Transportation Plan indicates that Hoyt Road S,W, is designated as a secondary arterial, The King county Bicycle Plan indicates the need for a Class 2 facility along Hoyt Road southwest. The subject subdivision is not in conflict with these plans, J, PUBLIC SERVICES: ..... 1, ~.' Schools: .The subject subdivision will be served by Twin Lakes Elementary, 'Lakota Junior High, and Decatur Senior High Schools, sè~ Attachment 4 of this report for comments received from the school district, Parks and Open space: The nearest community park is Olympic View park, located approximately 1 mile north- east of the site, Dash point State Park is situated about 1 mile northwest of the subject property, 2. KCC 19,38 requires subdivisions of 10 acres or larger in this zone classification to either provide on-site common open space or to pay a fee to the Parks Division 6 ,- .' . PROPOSED PLAT OF DASH POINT FILE NO, 689-21 for establishment and maintenance of neighborhood parks, 3, The applicant's design provides no suitable open space area and, therefore, payment of a fee will be required as a condition of approval, Fire Protection: The certificate of Water Availability from the city of Tacoma Water District indicates that water will be available to the site in sufficient quantity to satisfy King county Fire Flow standards, K, Prior to final recording of the plat, the water service facilities must be either in place or bonded to meet King county Fire Flow standards, J TILITIES: L sewage Disposal: The applicant proposes to serve the subject subdivision by means of a public sewer system managed by the Federal Way Water and Sewer District, A Certificate of Sewer Availability, dated November 4, 1988, indicates this sewer district's capability to serve the proposed development, The Health Department has recommended preliminary approval o( this proposed method of sewage disposal, and the Building and Land Development Division concurs with this recommendation, 2, Water Supply: The applicant proposes to serve the subject subdivision with a public water supply and distribution system managed by the city of Tacoma, and the Health Department has recommended preliminary approval of this method of water supply, The Building and Land Development concurs with the Health Department's recommendation, L, ÇOMPREHENSIVE AND COMMUNITY PLAN: L comprehensive Plan: This proposal is governed by the 1985 King county comprehensive Plan which designates this area as Urban, policies of the King County comprehensive Plan which are relevant to the proposed subdivision are listed in Attachment 10, . " 2, community plans: ',. )" The subject subdivision i~ located within the Federal way community Planning Are~. The proposed project ,is consistent with the single-Family, three to four homes per acre designation. The Area zoning is SR 9600. See Attachment 2 for additional comments, The subject subdivision is not in conflict with the goals, guidelines, and policies of the Federal way community Plan, M. STATUTES/CODES: If approved with the recommended conditions in this report, the proposed development will comply with th.,requirements ~ ,~ \ r 1 PROPOSED PLAT OF DASH POINT FILE NO, 689-21 of the county and state platting Codes and Statutes, and the lots in the proposed subdivision will comply with the mini- mum dimensional requirements of the zone district, N. ANALYSIS: The subdivision Technical committee has assess9d the impact of the proposal and has identified the following concerns: ~teeD SloDes Isolated areaS of steep slopes occur within the vicinity of lots 1-4, 7, and 30, A geotechnical evaluation was prepared by Terra Associates (Hay 1989) to address existing condi- tions and slope stability, Additional information will be required to determine the exact limits of steep slopes, and if areas of 40' of greater are identified these areas shall be designated with Native Growth protection Easements and Building Setback Lines. Wetlands A site evaluation of the subject property was conducted by Roger del Horal (October 9, 1989) to identify the wetland boundaries and propose mitigation and enhancement plans. The Type 2 palustrine forested wetland associated with Joe's creek on the site occupies the low-lying land between the . toe of slopes on the west and east sides of the creek, Along the western edge is a 100-foot, recently cleared swath which runs the entire length of the property through the wetland, This area has been cleared for a sanitary sewer intended to provide connections to 25 existing residences developed south of the subject project, A wetland enhance- ment plan will be required along this sewer alignment, The King county wetland biologist has indicatsd additional wetland areas in the vicinity of lots 30 and 36, Based on a revised study, the final wetland area plus a 50-foot buffer will be designated as a Native Growth Protection Easement along with an additional IS-foot Building Setback Line, 0, ~ONCLUSIONS: The subject subdivision will comply with the goals and objectives of the King county comprehensive Plan and will comply with the requirements of the Subdivision and Zoning Codes and other official land use controls of King County, based on the conditions for final plat approval. p, ~ECOMMENDATIONSI ~ II It is recommended that ths subject subdivision, revised and received October 9,- 1989, Þe granted preliminary approval subject to the following c~~itions of final approval: 1, Compliance with all platting provisions of Title 19 of the King county Code, All persons having an ownership interest in the subject property shall sign on the face of the final plat a 2, 8 \ \- '. . . .;:! .,.. , r .' . PROPOSED PLAT OF DASH POINT FILE NO. 689-21 dedication which includes the language set forth in King County Council Hotion No. 5952, 3, shall meet the zone classification the approved pre- (Hinor revisions 4, The area and dimensions of all lots minimum requirements of the SR 9600 or shall be as shown on the face of liminary plat; whichever is larger, may be considered.) The applicant must obtain final approval from the King County Health Department, 5, All construction and upgrading of public and private roads shall be done in accordance with the King County Road standards established and adopted by Ordinance No, 8041, 6, If an area-wide fire protection assessment is authorized by King County prior to final recording of this plat, this plat shall be subject to any assessment provided by that ordinance, The applicant must obtain the approval of the King county Fire protection Engineer for the adequacy of the fire hydrant, water main, and fire flow standards of Chapter 17,08 of the King county Code, 7. 8, Final plat approval shall require full compliance with drainage provisions set forth in King County Code 9,04 and current storm drainage requirements and guidelines as established by Surface Water Management, compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat, The following conditions represent portions of the Code and requirements and shall apply to All plats, a, BALD approval of the drainage and roadway plans is required prior to any construction, A separate Erosion and Sediment control (ESC) plan for this project shall be submitted with the' engineering plans, The plan shall show areas to be cleared (limits of the clearing) and provide a schedule of construction (construction sequence), b, c, Retention/detention (R/D) facilities shall be located in tracts, unless located within improved King county rights-of-way, Haintenance access shall be provided to all facilities, This will require a 15-foot access roadway to all manholes (R/D) , Access must also be provided for mainten- ance of the entire pond, I.'. prior' to recording~of the final plat those portions of the ret~tion/detention facility necessary to control the flows discharging from the site shall be constructed and operational. Oil/water separation facilities shall be provided at each point of permanent storm drainage relea.e from the site so contaminants do not enter natural drainage features, In addition to standard King county oil/water separators, the applicant is required to provide biofiltration prior to dis- charge of stormwater into any sensitive area (e,g, streams, wetlands, lakes, etc,), such biofiltra- d, e, 9 ._- -- . -... \ r, PROPOSED PLAT OF DASH POINT FILE NO, 689-21 f, tion includes 200 feet of broad, flat-bottom, grass-lined swales) or equivalent systems, Drainage outlets (stub-outs) shall be provided for each individual lot, except for those lots approved for infiltration by King County, stub- out shall be shown on the engineered plans and shall conform to the following: 1) Each outlet shall be suitably located at the lowest elevation on the lot, so as to service all future roof downspouts and footing drains, driveways, yard drains, and any other surface or subsurface drains necessary to render the lots suitable for their intended use, Each outlet shall have free-flowing, positive drainage to an approved stormwater conveyance system or to an approved outfall location, 2) Outlets on each lot shall be located with a five-foot-high, 2" x 4" stalee marleed "storm" or "drain", The stub-out shall extend above surface level, be visible and be secured to the stake, J) pipe material shall conform to underdrain specifications described in KCRS 7,04 and, if non-metallic, the pipe shall contain wire or other acceptable detection feature, Drainage easements are required for drainage systems designed to convey flows through more than one lot, 4) 5) The developer and/or contractor is responsible for coordinating the location of all stub-out conveyance lines with respect to the utilities (e,g, power, gas, telephone, television) , All individual stub-outs shall be privatelY owned and maintained by the lot home owner, 6) g, In some oases, on-site infiltration systems may be accepted for detention for the l2ta depending on soil conditions, To determine the suitability of the soil for infiltration systems, a soils report that includes percolation tests and a soil log taleen at 6-~00t minimum depth shall be submitted by a professional engineer, or soil specialist, This'shall include, at a minimum, information on soil texture, ~Apth to seasonal high water and the Occurrence of .~;tlinq and impervious layers. The report shall also address potential down gradient impacts due to increased hydraulic loading on slopes and structures, soil permeability data obtained from the design of the septic system may be used for the drywell retention system, provided data is submitted verifying that no impervious layer exists within 6 feet of the soil surface, If the soils report is approved, the infiltration systems shall be installed at the time of the building permit. A note to this effect shall be placed on the map page of the recorded document, 10 ' ....,,--...,.- ,r- ,r- \ r " PROPOSED PLAT OF DASII POINT FILE NO, 689-21 h. The drainage plan and the recorded document shall indicate each lot approved fo~ infiltration. Include with the drainage plan a downstream analysis, This analysis must extend for a minimum distance of 1/4 mile from the point of release of each flow discharging from the site. The analysis must address any existing problems with flooding, capacity, overtopping, scouring, sloughing, erosion or sedimentation of any drainage facility, whether natural or man-made, Probable impacts due to con~truction of the project must also be ad- . dressed with respect to these same concerns, Where this analysis reveals more restrictive conditions, more stringent drainage controls may be required than would otherwise be necessary for a project of this type, These controls may include additional on-site rate and/or volume controls, off-site improvements, or a combination of both, Any off- site improvements will require the approval of all affected property owners, L current standard notes and ESC notes, as established by BALD engineering review, shall be placed on the engineered plans, The following notes shall be provided on the map page of the recorded document: j, "All building downspouts, footing drains and drains from all impervious surfaces such as patios and driveways shall be connected to the approved permanent storm drain outlet as shown on the approved construction drawings f on file with the Department of Public Works, This plan shall be submitted with the application of any building permit, All connections of the drains must be constructed and approved prior to the final building inspection approval," Those lots that are designated for "Individual lot infiltration systems, the systems shall be con- structed at the time of the building permit and shall comply with plans on file at the Public Works Record Center," 9, Isolated areas of steep slopes (4°' or greater) exist on portions of the proposed subdivision, These appear to be located in the vicinity of lot nos. 1, 2, 3, 4, 7, and 30, as shown on the proposed preliminary plat received October 9, 1989. To protect the steep slopes and the adjacent property, the following conditions shall be satisfied: ~, a, prior'to final' engi~ering plan approval, a licensed land surveyo~ ahall determine the limita of all steep slopes which exist within the proposed subdivision, b, The top and toe of the slope shall be delineated on the final engineering plan and recorded plat, c, The areas of steep slopes (40\ or greater) shall be designated with a Native Growth protection Easement (NGPE) on the final engineering plans and recorded subdivision. Any steep slope area located adjacent to the wetland shall be included 11 10, I~- 11. \ r PROPOSED PLAT OF D"SII POINT FILE NO, 689-21 d, within the designation of the wetland tract, Any steep slope area not located adjacent to the wetland may be recorded as an easement on the affected lot(s), An additional Building Setback Line (BSBL) from the top and toe of the slope shall be designated on the final approved engineering plans and re- corded subdivision, The BSBL shall conform to the "Administrative Guidelines for Building Setbacks from Hazardous Slopes on Plats and Short Plats" (adopted February 1, 1987). A geotechnical report may be required to -justifY the final BSBL, A wetland (Type 2) traverses the center of the proposed subdivision, A wetland boundary is described in the wetland study prepared by Del Moral and Associates dated October 9,1989, The following conditions shall be satisfied with r~spect to this wetland: a, The original wetland study (dated October 9, 1989) shall be revised to include additional wetland areas in the vicinity of lot nos, 30 through 36 (as per revised plan received October 9, 1989), The revised wetland study shall be subject to the review and approval of the BALD wetland specialist. The final wetland area plus a SO-foot buffer shall be designated as a Native Growth protection Ease- ment (NGPE), b. c, The NGPE shall be located within a separate tract and shown on the approved engineering plans and recorded final plat, d, An additional 1S-foot Building Setback Line (BSBL) shall be delineated adjacent to the NGPE and shown on the approved engineering plans and recorded final plat, e, All stormwater generated by roadways within the proposed subdivision shall pass through an oil/ water separator and at least 200 feet of biofil- tration or equivalent prior to discharge into the wetland, Through the installation of a sanitary sewer line and other past activities, a significant portion of the vegetation within the wetland and the wetland buffer has been eliminated,', To mitigate for the loss in vege- tation, the following conditions shall be satisfied: a. The final enginee~ing plans shall include a vegetative enhance~'nt plan. The plan shall be prepared by a biologist specializing in wetland enhancement, The plan shall be subject to the review of the BALD wetland specialist. The final plan shall note the name, address, and phone number of the biologist retained to monitor the implementation of the enhancement plan, b, c, The biologist shall conduct a three-year monitoring program, The site will be evaluated at least twice a year to evaluate the survival and 12 .' , . ~ ,~ r " PRop6s£D PLAT OF DASH POINT FILE NO, 689-21 d, growth of the planted vegetation, An annual re- port will be prepared and submitted to BALD for review and approval, 'The applicant shall post a Wetland Enhancement Performance Bond, upon approval of the final monitoring report or when the enhancement plan is deemed successful, whichever is later, King County shall release the bond, 12, The following statement shall be shown on the approved engineering plans and recorded final plat: Building setbacks and Native Growth protection Easements structures, fill and obstructions (including, but not limited to decks, patios, outbuildings, or overhangs beyond 18 inches) are prohibited within the building setback line (BSBL) and restricted floodplains (if applicable), and within the Native Growth protection Easement(s) as shown, Dedication of a Native Growth protection Easement . (NGPE) conveys to the public a beneficial interest in the land within the easement, This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, main- tenance of slope stability, visual and aural buffering, and protection of plant and animal habitat, The NGPE imposes upon all present and future owners and occu- piers of the land, subject to the easement, the obli- gation, enforceable on behalf of the public by King county, which permission must be ob~ained in,writing from the King county Building and Land Development Division or its successor agency, 13, Before and during the course of any grading, building construction, or other development activity on a lot subject to the NGPE, the common boundary between the easement and the area of development activity must be . fenced or otherwise marked to the satisfaction of King county or its successor agency. Erosion occurs downstream of the proposed subdivision, Increased runoff could potentiallY impact downstream property. Due to the potential downstream impacts a more restrictive drainage design shall be required for this subdivision, The'Telease rate shall not exceed a pre-development 2-year\.13torm and detention shall provide storage for a post-development 50-year storm (i,e, 2-50' design). Revlnw of the downstream analysis may require even greater }~strictions than mentioned above, 14, No retention/detention facility shall be located within the wetland or the wetland buffer, 15, The majority of the site appears to be seasonally saturated with groundwater, Numerous seeps and springs are found throughout the site, Field investigations by BALD identified seeps and springs in the vicinity of 47th Ave, S.W, , 331st ct" S.W, 330th ct" Lot Nos, 3, 4, 9, 10, 13, 14, 17 through 28 (as per the revised plan received October 9, 1989), A report detailing the 13 PROPOSED PLAT OF DASH POINT FILE NO, 689-21 groundwater/soil conditions at these locations shall be prepared by a professional geotechnical engineer, . The report shall Dake specific recommendations for the design of a dewatering plan and a roadway subgrade plan which will ensure the integrity of future roadways, buildings, and utilities, The recommendations shall be subject to review and approval by King County BALD, The final engineering plans. shall include a dewatering plan and roadway subgrade plan which satisfies the final geotechnical recommendations, Through the investigation of groundwater/soil conditions the geotechnical consultant may identify other issues relevant to the project, 1t is the con- sultant's responsibility to include a discussion of these issues, their impact on the project, and recom- mendation for mitigating any identified geotechnical hazards, Off-site flows from the upstream property appear to enter the site of the proposed subdivision in the vicinity of Lot Nos, 12 and 13 (as per the revised preliminary plat received october 9, 1989), The final engineering plans shall include adequate stormwater conveyance to collect all off-site flows. ponding water occurs in the vicinity of Lot 28 (as per the revised plan received october 9, 1989), The design of the retention/detention facility shall fully coDpen- sate for the ponding water which exists at this location, Hoyt Road Southwest shall be improved with curb, gutter, and sidewalk, and 22 feet of paving trom centerline, Twelve feet of additional right-of-way for Hoyt Road S,W, shall be dedicated along the eastern property boundary, allowing for 42 feet of right-of-way from centerline, The planter islands, if any, within the cul-de-sacs shall be maintained by the abutting lot owners, This shall be stated on the face of the final plat, All lots adjoining an area or having area with a NGPE restriction shall be provided with an acceptable bound- ary delineation between the lot or portions ot the lot and the area restricted with the NGPE, said boundary delineation shall be in place prior to any grading or clearing of the subdivision and remain in place until a dwelling is constructed on the lot and ownership trans- ferred to. the first owner-occupant. The applicant shall demonstrate compliance with King county Slope-Density Guidelines as provided in Attach- ment 9 prior to approval of the plan and profile, This may result in the loss and/or reconfiguration of lots. If lot make-Up area is required, calculations demonstrating compliance must be submitted prior to approval of the plan and profile, The applicant shall comply with K,C.C. 19,38 by paying a fee to the Parks Division in-lieu-of providing on- 16, 17, 18, 19, 20, 21, 22, 23, 24, ¡' 14 '\ . " PROPOSED PLAT OF DASH POINT FILE NO. 689-21 25, site open space, (K.C,C, 19,38 establishes the formula for said fee amount,) A homeowners association or other workable organization shall be established to the satisfaction of BALD which provides for the ownership and continued maintenance of the open space area(s). 26. The following have been established by SEPA as necessary requirements of this development as mitiga- tion, The applicants shall demonstrate compliance with these items prior to final approval: a, The wetland and its buffers shall be delineated and shown in a separate tract and designated as an NGPE, in accordance with comprehensive Plan Policy E-329. The tract and NGPE (as appropriate) shall be shown on the 'engineering plans and the final recorded, plat. A feasibility study comparing alternative sanitary sewer alignments and detention facility locations with respect to the wetland and buffer shall be' prepared prior to engineering plat approval, b. c, To reduce the risK of increased erosion, construction related to clearing, filling, and grading shall be limited to the months of April through september, To minimize potential downstream flooding, the stormwater design shall utilize a 2-year release rate and a 50-year storage based on the 24-hour storm, d, e, Required floodplain information for the stream and wetland shall be submitted with the engineering plans, The floodplain shall be delineated as a NGPE, 9THER CONSIDERATIONS: 1, The subdivision shall conform to KCC 16,38 relating to grading on private property, Development of the subject property may require registration with the Washington state Department of Licensing, Real Estate Division, 2, 3, preliminary approval of this application does not limit the applicant's responsibility to obtain any required permit or license from the state or other regulatory body, HK:lg 11/21/89 TRANSMITTED TO PARTIES LISTED HEREAFTER: seafirst National Bank 14th Floor, Columbia seattle, Wh 98104 Bob west 1714 Palm Ave. S.W., John R, Newell P,O, BoX 396, Center, 701 Fifth Avenue, Seattle, WA 98116 Renton, Wh', 98057 I. I' 15, ' , ;\ . .. I , PROPOSED PLAT OF DASH POINT FILE NO, 689-21 Mr, , Mrs, Robert E, stiers 33225 - 43rd Ave, S,W" Federal Way, WA King County conservation District '16 98023 \.' ------. - -. \ r' , ' EXHIBIT "B" ,E. February 12, 1990 OFFICE OF THE ZONING AND SUBDIVISION EXAMINER KING COUNTY, WASHINGTON REPORT AND RECOMMENDATION TO THE KING COUNTY COUNCIL. SUBJECT: Building and Land Development File NO, 689-21 Proposed Ordinance No, 89-874 proposed Plat of DASH POINTE 30,7 acre lying generally between 47th Avenue Southwest (if extended) and Hoyt Road southwest and generally between Southwest 330th street (if extended) and the King County/Pierce County Line ~ SUMMARY OF RECOMMENDATIONS: Di,;'ion's Preliminary: Dirj~~on'& Final: Approve, subject Approve, subject (modified) Approve, subject (modified) to conditions to conditions Examiner: to conditions PRELIMINARY REPORT: The Building and Land Development Division's preliminary Report on Item No, 689-21 was received by the Examiner on November I, 1989, PUBLIC HEARING: After reviewing the Building and Land Development Division's Report, examining available inform~tion on file with the application and visiting the property and surrounding area, the Examiner conducted a public hearing on the subject as follows: The hearing on Item No, 689-21 was opened by the Examiner at 9:25 a,m. on December 12, 1989, in Building and Land Development Division Hearing Room No.2, 3600 - 136th place S,E" suite A, Bellevue, washington, and closed at 12:35 p,m, Participants at the public hearing and the exhibits offered and entered are listed in the attached minutes, A verbatim recording of the hearing is availa~le in the office of the zoning and Subdivision Examiner, '" \ FINDINGS, CONCLUSIONS' RECOMMENDATION: Having reviewed the record in this matter, the Examiner noW makes and enters the following: . ,~ 689-21 Page 2 ' I , FINDINGS: 1, General Information: STR: Location: SW 14-21-3 Generally between 47th Avenue Southwest (if extended) and Hoyt Road southwest and generally between Southwest 330th Street (if extended) and the King county/Pierce County Line S-R (9,600) 30,7 42 (Revised - 1,37 du/acre) Ranges from 8,500 to 27,500 square feet Detached single-family residences Federal Way Sewer District City of Tacoma 139 - Federal Way 1210 - Federal Way , Zoning: Acreage: Number of Lots: Typical Lot Size: Proposed Use: Sewage Disposal: Water supply: Fire District: School District: 2. This is a request for preliminary approval of a subdivision of 30,7 acres into 42 lots for detached single-family dwellings at a site adjacent to pierce County in the Federal Way Community. It is proposed to cteate lots ranging in size from 8,500 to 27,500 square feet which the Planning Division reports is consistent with the Federal Way Community Plan which designates the property single-family three to four homes per acre and the area zoning of S-R (9,600), The property would be provided sewer service by the Federal Way Sewer District and water by the City of Tacoma. Portions of the site are occupied by wetlands, a stream and steep slopes, AS a result, the Building and Land Development Division has recommended extensive conditions to deal with the physical limitations of the site which are adopted below, The applicant's representatives have informed the Examiner that it is in concurrence with the report and recommended conditions of the Building Division in this matter. 3, One neighbor has called the County's attention to increased flooding on her property upstream from this site, The County's engineers have stated that the flooding is most probably caused by grading in Pierce County upstream from her property, With an increase in the size of culverts on the subject property as recommended below, backup from Dash pointe will be unlikely, Therefore, the flooding should be adequately addressed according to the Subdivision Technical Committee, I.t 4. Except as noted above, the fac\s, analysis and recommendation presented in th~ivision of Building and Land Development Preliminary Report dated December 12, 1989 are uncontested and they are incorporated here by reference, A copy of the Division of Building and Land Development report will be attached to the copies of the examiner's report which are submitted to the King County council. CONCLUSIONS: 1. If approved subject to the conditions recommended below, the proposed subdivision will comply with the goals and ,~' ~ 689-21 page 3 objectives of the Comprehensi~e Plan, Federal Way Community Plan, Subdivision and Zoning Codes, and other official land use controls and policies of King County, 2, If approved subject to the conditions recommended below, this proposed subdivision will make appropriate provision for the public health, safety and general welfare and for drainage ways, streets, other public ways, water supply, and sanitary wastes, and it will serve the public use and interest, 3, The conditions recommended in the Division of Building and Land Development's Preliminary Report as amended below are in the public interest and are reasonable requirements. RECOMMENDATION: Grant preliminary approval to the plat of Dash Pointe, subject to the conditions set forth at pages 8 through 15 of the report of the Building and Land Development Division for the December. 12, 1989 public hearing, with the following amendments: Amended Condition No, 12: Building Setbacks !"d Native Growth Protection Easements structures, fill and obstructions (including, but not limited to decks, patios, outbuildings, or overhangs beyond 18 inches) are prohibited within the building setback line (BSBL) and restricted floodplains (if applicable), and within the Native Growth Protection Easements(s) as shown, Dedication of a Native Growth Protection Easement (NGPE) conveys to the public a beneficial interest in the land within the easement, This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, . maintenance of slope stability, visual and aural buffering, and protection of plant and animal habitat, The NGPE imposes upon all present and future owners and occupiers of the land subject to the easement, the obligation, enforceable on behalf of the public by King county, to leave undisturbed all trees and other vegetation within the easement, The vegetation within the easement may not be cut, pruned, covered by fill, removed or damaged without express permission from King county, which permission must be obtained in writing from the King county Building and Land Development Divisio? or its successor agency, b Before and during the course of any grading, building construction, or other dev~lopment activity on a lot subject to the NGPE, the có~on boundary between the easement and the area of development activity must be fenced or otherwise marked to the satisfaction of King County, Amended Condition No. 18: Hoyt Road southwest shall be Improved with curb, gutter, and sidewalk, and 22 feet of paving from centerline unless a variance can be obtained from the Department of Public Works, ,--. 689-21 pa ge 4 . Amended Condition No, 25: A homeowners association and other workable organization shall be established to the satisfaction of the Building and Land Development Division which provides for the ownership and continued maintenance of the wetland tracts, ORDERED this 12th day of February, 1990, ~~&~ Deputy zoning and Subdivision Examiner TRANSMITTED this 12th day of February, 1990 by certified mail to the following parties of record: .. M , T Joint Ven/D, Morrison Mr/Mrs Robert E. stiers Darrell/Rose Herman John R, Newell Dr. Roger DeMoral H. Rush Spedden Bob West Seafirst Bank TRANSMITTED this 12th day of February, 1990 to the following parties: Laura Kaye, Joe Miles, Heidi Koch, Connie Iten, Tammy Johnson of Building and Land Development Division Craig Larsen, King County Community planning Kathie Murata-smith, King County public Works King County Conservation District, Attn: Jill Reymore Washington State Department of Wildlife, Attn: Tony Oppermann Fed, Way p,S,/J, French Tech.Serv,Unl,/D, Offin Terra Assoc/A, Butail Peter C, Hayes NOTICE OF RIGHT TO APPEAL In order to appeal the recommendation of the Examiner, written notice of appeal must be filed with the Clerk of the King County Council with a fee of ,70,00 (check payable to King County Office of Finance) on or before February 26, 1990, notice of appeal is filed, the original and 6 copies of a written appeal statement specifying the basis for the appeal and argument in support of the appeal must be filed with the Clerk of the King County Council on or before March 5, 1990, If a written notice of appeal and filing fee are not filed within 14 calendar days of the d&te of this report, or if a written appeal statement and argdùent are not filed within 21 calendar days of the date of this'~~port, the Clerk of the Council shall place a proposed ordl.ance which Implements the Examiner's recommended action on th~agenda of the next available council meeting, If a Filing requires actual delivery to the Office of the Clerk of the Council, Room 403, King County Courthouse, prior to the close of business (4:30 p.m.) on the date due, prior mailing is not sufficient if actual receipt by the Clerk does not occur within the applicable time period, The Examiner does not have authority to extend the time period unless the Office of the Clerk Is not open on the specified closing date, in which event delivery prior to the close of business on the next business day Is sufficient to meet the filing requirement. 699-21 Page 5 Action of the Council Final, The action of the Council approving or adopting a recommendation of the Examiner shall be final and conclusive unless within thirty (30) days from the date of the action an aggrieved party or person applies for a writ of certiorari from the Superior Court in and for the County of King, state of Washington, for the purpose of review of the action taken, MINUTES OF THE DECEMBER 12, 1999 PUBLIC HEARING ON BALD FILE NO, 699-21: The Hearing Examiner in this matter was Robert E, Beaty, Participating in the hearing were Laura Kaye, Connie Iten, Joe Miles and Heidi Koch of Building and Land Development Division, David Morrison, Dr, Roger Del Moral, Mrs, Robert E, Stiers, H, Rush Spedden, Bob West, John R, Newell and David Morrison, The fol10wng exhibits were presented and entered into the record: Exhibit No, 1: Exhibit No. 2: Exhibit No, 3: Exhibit NO, 4: Exhibit No, 5: Exhibit NO, 6: Exhibit No, 7: Exhibit No, 9: Exhibit No, 9: Exhibit No, 10: Exhibit No, 11: Exhibit No, 12: Exhibit No, 13: Exhibit No, 14: Exhibit No, 15: Exhibit No, 16: Exhibit No. 17: Exhibit No, 19: Exhibit N.o, 19: I' Exhibit No, 20: 4535D/REB/ ja Building and Land Development Division Preliminary Report, dated December 12, 1999 Application, dated November 17, 1999 EnvironMental Checklist, dated November 17, 1999 ~itigated Determination of Nonsignificance, dated May 2, 1999 Affidavit of posting, dated November 3, 1999 Revised Plat, dated October 9, 1999 Land Use Map Geotechncal Evaluation by Terra Assocociates, dated May 2, 1999 Wetland Delineation and Mitigation Plan by Moral, dated October 9, 1999 Plat Map with Wetland highlighted Wetland Delineation Addendum Hap of early plat south of subject property Initial November 1988 application proposing 66 lots Hap showing different lot configuration with cul-de-sac (63 lots) Cul-de-sac eliminated-early assumption of wetland area (51 lots) .Initia1 approved sewer plan Revised sewer plan - outside wetland Map identifying all wetlands (42 lots) Proposed Native Growth Protection ease.ent Wording for Native Growth protection Easement condition t.. \ "