Res 91-083
RESOLUTION NO.
91-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, APPROVING THE
PRELIMINARY PLAT OF MIRROR LAKE TERRACE, KING
COUNTY BUILDING AND LAND DEVELOPMENT FILE
NO. S89PO053 WITH CONDITIONS.
WHEREAS,
applicant
had
applied
to
King
County
for
preliminary plat approval; and
WHEREAS, subsequent to the application, but prior to the
Hearing Examiner hearing on the preliminary plat,
the City of
Federal Way incorporated; and
WHEREAS,
an inter local agreement between the City of
Federal Way and King County requires the city to make ,decisions on
the preliminary plat application using Federal Way procedures and
King County substantive criteria; and
WHEREAS, the Federal Way Land Use Hearing Examiner held
a public hearing on August 13, 1991, concerning the preliminary
plat of Mirror Lake Terrace; and
WHEREAS, at the conclusion of said hearing the Federal
Way Land Use Hearing Examiner issued its Findings, Conclusions,
Conditions, Recommendations and Decision on September 4, 1991; and
WHEREAS, the City Council of the City of Federal Way is
the governmental body now having jurisdiction and authority to pass
upon the approval, denial or modification of the conditions of said
preliminary plat using the substantive criteria of the King County
Codes; and
COpy
WHEREAS, the city council having considered the written
record and recommendation of the Hearing Examiner, pursuant to
FWC 16.l10.40, on this date; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY RESOLVES AS FOLLOWS:
section 1.
The findings, conclusions and recommendations
of the Federal Way Land Use Hearing Examiner issued on September 4,
1991, following a hearing held on August 13, 1991, which included
a recommendation to approve the preliminary plat of Mirror Lake
Terrace subject to certain conditions, are hereby adopted as the
Findings, Conclusions and conditions of the City council, subject
to the additional minor modifications and conditions set forth
hereinafter in this resolution.
section 2.
Based upon the Findings,
Conclusions and
Recommendations of the Federal Way Land Use Hearing Examiner, as
adopted by reference by the City Council set forth hereinabove, the
preliminary
plat
of
Mirror
Lake
Terrace,
Building
and
Land
Development File No. S89PO053 is hereby approved subject to the
Conditions contained in the recommendation of the Federal Way Land
Use Hearing Examiner Report for this matter dated September 4,
1991, attached hereto as Exhibit A and incorporated by reference
and subject further to the minor modifications to the Plat by the
City Council of the city of Federal Way, pursuant to Federal Way
Zoning Code 16.110.50,
as follows:
1. Applicant shall pay to the city of Federal Way
a pro-rata
monetary contribution toward construction of a traffic signal at
the intersection of Eighth Avenue S.W. and S.W. 312th street in the
amount of $4,245.28.
Any funds not expended for that purpose
within five (5) years shall be refunded to the property owners of
record at the time of the refund with the interest at the rate
earned in the City's reserve account applicable at the time of
refund, provided however, if payment is not expended within five
years due to delay attributable to the applicant, payment shall be
refunded without interest.
2. To insure that citizens understand the importance of an
Native Growth Protection Easement area, an interpretive sign shall
be posted along the edge of the Native Growth Protection Easement
area (S.W. 313th Court and 8th Avenue S.W.). Signs shall comply
with
the provisions of FWC 95.100 (chart 95-2) and have a green
background, white letters and state the following:
"NATIVE GROWTH
PROTECTION EASEMENT,
This area is preserved by a Native Growth
Protection Easement.
No dumping, cutting, grading or filling is
allowed."
section 3.
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
Hearing Examiner for the city of Federal Way to review the impacts
- 3 -
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 County and/or city ordinances, rules and regulations
and forward such recommendation to the City Council for further
action.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this ~ day of October, 1991.
CITY OF FEDERAL WAY
/') J IC)
~lu~ ¿~
MAYOR, DEBRA ERTEL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 9l-83
October 15,1991
October 15, 1991
- 4 -
EXHIBIT "A"
DECISION OF THE
HEARING EXAMTh'ER OF THE
CITY OF FEDERAL WAY
In Re: the Matter of the )
Application of Brace Development)
)
)
)
)
)
)
r. BACKGROUND AND SUMMARY OF APPLICATION
NO. lLA-90-OOl5-SUB
FWHE #91-9
For Preliminary Plat Approval
of the tract of land known as
Mirror Lake Terrace
RECOMME!\'DATION ON
PRELIMINARY PLAT APPLICATION
The application for preliminary plat approval of Mirror Lake Terrace was flled with King
County on June 15, 1989.
On February 28, 1990, the City of Federal Way was incmporated. The subject property was
placed within the limits of the City of Federal Way. An interlocal agreement between Federal
Way and King County requires the City to make decisions on this permit application.
Therefore, the preliminary plat hearing originally to be heard by King County was heard before
the Federal Way Hearing Examiner.
As part of King County's review of the application for prelil1ÚI1ary plat approval, the King
County Subdivision Technical Committee conducted an on-site examination of the property and
discussed the proposed development with the applicant to clarify technical details of the
application to determine the compatibility of the proposed project with applicable King County
codes. ..
Numerous governmental agencies were contacted by King County as part of this review,
including the following:
Ree:ional:
1. Metro
2. Puget Sound Air Pollution Control
State:
1.
2.
3.
4.
5.
6.
7.
Washington State Department of Transportation
Washington State Department of Ecology
Washington State Department of Fisheries
Washington State Department of Wildlife
Washington State Department of Natural Resources
Washington State Department of Architectural and Historic Preservation
Washington State Department of Parks and ReCreation
MIRROR LAKE TERRACE, PRE-PLAT
FILE IIILA-90-0015-SUBj FWHE #91-9
PAGE 2
King County:
1. King County Planning & Community Development Division
2. King County Natural Resources & Parks Division
3. King County Housing & Economic Development
4. King County Cultural Resources
5. King County Public Works (Roads)
6. King County Surface Water Management (SWM)
7. King County Environmental Health/Conservation District
8. King County Department of Public Safety
Utilities and Services:
1. Federal Way School District #210
2. Federal Way Water & Sewer
3. King County Fire District #39
4. Washington Natural Gas
Responses were received from the King County Planning and Community Development
Division, King County Fire Protection Engineer, Seattle-King County Health Department,
Federal Way School District #210, Federal Way Water and Sewer, Washington State Department
of Wildlife, Washington State Department of Transportation, Metro and Washington Natural
Gas. These comments from agencies and divisions contacted by King County were forwarded,
along with the application file, to the City of Federal Way for purposes of preliminary plat
processing. ..
As part of the review by the Federal Way staff, the proposal was circulated to the following City
departments and agencies:
1.
2.
3.
4.
5.
6.
Federal Way Parks, Recreation and Human Services Department
Federal Way Community Development and Public Works Divisions
Federal Way Building Department
King County Fire District #39
Federal Way School District #210
Federal Way Water and Sewer District
Pursuant to the State Environmental Policy Act, RCW 43.21(c), the responsible official of the
King County Building and Land Development Division (BALD) issued a threshold determination
of non-significance (DNS) for the proposed development on December 5, 1989. This
determination was based on BALD's review of the environmental documents. The DNS was
appealed on December 18, 1989. Pursuant to the interlocal agreement, the appeal was heard
by the Federal Way Hearing Examiner on April 9, 1991. The appeal was dismissed on April
MIRROR LAKE TERRACE, PRE-PLAT
FILE #ILA-90-0015-SUBj FWHE #91-9
PAGE 3
25, 1991, and the King County DNS upheld. The Examiner stated in the dismissal of the appeal
that "no plat approval can occur until all of the storm drainage has adequately been identified
and channeled into a system that will not be detrimental to the subject property, nor to any other
adjoining properties. This process of identification and controlling of the storm drainage, is the
process of plat review."
Notice of a public hearing on this preliminary plat application was provided in accordance with
Federal Way Zoning Code Section 155.25. A public hearing was held on this preliminary plat
application on August 13th at 2:00 p.m. in the Federal Way Council Chambers. The City
Department of Community Development, the applicant, and interested members of the public
participated in that hearing.
The Examiner has reviewed all of the evidence presented in staff reports and public testimony,
and has conducted a site view of the subject property prior to making this recommendation. The
applicant agreed to a seven-day extension of the date for preparation of this recommendation
until September 4, 1991, on which date this recommendation is issued.
Hearing Date:
Decision Date:
IT. PROCEDURAL Th'FORMA TION
August 13, 1991
September 4, 1991
At the hearing the following presented testimony and evidence:
1.)
..
Stephen Clifton, Senior Planner
33530 - 1st Way South, Federal Way, WA 98003
2.)
Brian Lawler, Attorney, Short, Cressman & Burgess
999 Third Avenue, Suite #3000, Seattle, W A 98104
3.)
Mel Daley, Townsend-Chastain
409 South 3rd Avenue, Kent, WA 98031
4.)
Ron Garrow, PEl, c/o City of Federal Way
33530 - 1st Way South, Federal Way, WA 98003
5.)
Cecelia Wheeler
16749 - 31st S.W., Seattle, WA 98166
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
MIRROR LAKE TERRACE, PRE-PLAT
FILE #ILA-90-0015-SUB; FWHE #9l-9
PAGE 4
Staff Report
a.) Copy of Preliminary Plat Proposed Design (Received by King
County on August 31, 1989).
Application for Preliminary Plat Approval of Mirror Lake Terrace
(June 15, 1989).
King County Planning and Community Development Division
Response (November 29, 1989).
King County Fire Protection Engineer Conditions of Permit
Approval (November 8, 1989). '
Letter from Federal Way School District #210 (December 5,
1989).
Letter from Washington State Department of Wildlife (December
18, 1989).
Letter from Washington State Department of Transportation
(December 5, 1989).
Letter from METRO (December 19, 1989).
Letter from Washington Natural Gas (December 1, 1989).
Letter from Federal Way Water and Sewer District (July 11,
1991).
Letter from Susan Meyer, Wilsey & Ham Pacific consultant (City
Wetlands Specialist, dated July 9, 1991).
Letter from Wesley S. & Julie J. Yee to Stephen Clifton, dated
May 31, 1991, rec8ived by the Federal Way Department of
Community Development on June 3, 1991.
Copy of King County Motion #5952
FWHE File #91-3 - SEPA Appeal of Mirror Lake Terrace
1.)
b.)
c.)
d.)
e.)
f.)
g,)
h.)
i.)
j.)
k.)
1.)
2.)
3.)
ill. FINDINGS
The applicant requested approval of a proposal for a subdivision of approximately 4.9
acres into 19 lots for development of single-family dweJ1ings, Proposed access would
be from 8th Avenue Southwest. Lot sizes range from 6,500 to 8,650 square feet. The
owner/developer is Brace Development of Seattle, Washington.
1.
2.
The property is located generally between 8th Avenue Southwest and 10th Avenue
Southwest (if extended), and generally between Southwest 314th Place and Southwest
313th Street (if extended).
3.
The topography of the site is roJ1ing and generally slopes downward at approximately 2 %
to 5 % from the east to the west.
1\llRROR LAKE TERRACE, PRE-PLAT
FILE #ll,A-90-001S-SUBj FWHE #91-9
PAGE 5
4.
The surface soil on the subject property is classified as AgB, Alderwood gravelly, sandy
loam; 0-6% slopes. Runoff on this type of soil is slow and the erosion hazard slight.
The soil type has a moderate limitation for low building foundations due a seasonally
high water table, and severe limitations for septic tank filter fields due to very slow
permeability in the substratum.
5.
A field check by the King County Building and Land Division revealed a Type III
Wetland on the northeast corner of the site. A wetland study was prepared by B- Twelve
Associates Inc., dated June 2, 1989, that identifies the edge of the wetland, together with
a 25-foot native growth protection easement (NGPE), and a IS-foot building setback line
(BSBL). Both County and City wetland specialists have reviewed the B-Twelve
Associates study and concur with its conclusions. A ditch serving as the outlet to the
wetland extends southerly from the wetland to the southwesterly corner of the property.
6.
Vegetation on the site consists of second and third-growth mixtures of coniferous and
board-leafed trees native to the Pacific Northwest. Second-story vegetation and ground
cover consists of Northwest native species including salal, sword fern, berry vines and
grasses.
7.
Limited populations of small birds and animals inhabit this site, due to development of
surrounding properties. No special or endangered species are known to exist on or near
the property. Birds observed by the B-Twelve Associates Wetlands Specialist include:
Mallard, Winter Wren, American Robin, Varied Thrush, Rufous-sided Towhee, Black-
capped Chickadee, and common Bushtit. Other animals observed or expected on the site
are identified in the B- Twelve Associates wetlands report. (See Exhibit 3)
8.
The subject property is located in an urbanizing area. Two zone classifications are
immediately north of the site, four lots zoned Business Park and two lots zoned Single
Family. To the west is the plat of Hidden Lane with 19 townhouses. To the south is
the plat of Mirror Wood with 42 similarly-sized lots as those proposed for Mirror Lake
Terrace. To the east is the plat of Mirror Lake with fifty-one lots, averaging 12,000
square feet in size. The subject property currently contains one single-family residence
on proposed lot number 17. The applicant proposes to retain this home.
9.
The applicant proposes to serve the subdivision by one access road. The internal
roadway section will be constructed to urban sub-access standards as a public road with
access from 8th A venue Southwest. This access road will extend west from 8th A venue
Southwest, terminating in a cul-de-sac. King County road standards for urban sub-access
streets re<¡uire 24 feet in paving width. The right-of-way of proposed Southwest 313th
I\.1.IR.ROR LAKE TERRACE, PRE-PLAT
FJLE #ILA-90-0015-SUB; FWHE #91-9
PAGE 6
10.
11.
Court is shown on the preliminary plat map as 40 feet in width. A sub-access street
requires a sidewalk constructed along one side of the road.
Approximately 190 vehicle trips per day will be generated with full development of the
proposed subdivision. Eighth Avenue Southwest would provide access to the site.
Eighth Avenue Southwest is a 20-foot wide paved neighborhood collector street with 4
feet of paved shoulder. The peak hour traffic generated by this subdivision falls below
the threshold requiring mitigation (i.e. 10 peak-hour, 10 peak-direction trips). The
proposed subdivision is not in conflict with the King County Interim Transportation Plan,
the Urban Trails Plan, or the Bicycle Plan.
The proposed subdivision would be served by Federal Way School District #210,
including Lake Grove Elementary, Lakota Junior High, and D=tur Senior High
Schools. Assistant Superintendent Rich Hamlin indicated that both Lakota Junior High
and D=tur High Schools have adequate space for additional students, while Lake Grove
Elementary is at capacity. The School District also stated that measures may need to be
taken to alleviate overcrowding, such as double-shifting, temporary housing, or
rescheduling. However, the School District did not state they could not handle the
additional students. (See Exhibit Ie) In addressing the concerns regarding safe
pedestrian access to school sites, the Department of Community Development
recommended an additional paved shoulder be added to the roadway between the site and
Southwest 312th Street. No right-of-way or easement exists along the west side of 8th
Avenue Southwest. Thus, a paved shoulder is recommended by the City Department of
Community Development, to be constructed within an existing easement along 8th
Avenue Southwest.
12.
The nearest neighborhood park available to potential residents of the proposed
subdivision is Lake Grove Park, located at 8th Avenue Southwest and Southwest 308th
Street, approximately 800 feet due north of the subject property.
13.
Fire protection for the proposed subdivision would be provided by Fire District #39.
The certificate of water availability from the Federal Way Water and Sewer District
indicates that water is presently available to the subject property in sufficient quantity to
satisfy King County Fire flow standards.
14.
The applicant proposes to serve the subject property through a public sewer system
managed by the Federal Way Water and Sewer District. A certificate of sewer
availability, dated May 18, 1989, indicates this sewer district's capability to serve the
proposed development. The King County Health Department has recommended
preliminary approval of this proposed method of sewage disposal.
]"IIRROR LAKE TERRACE, PRE-PLAT
FILE #ILA-90-001S-SUB; FWHE #91-9
PAGE 7
15.
16.
17.
18.
19.
The applicant proposes to serve the subject property with a public water supply and
distribution system managed by the Federal Way Water and Sewer District. The King
County Health Department has recommended preliminary approval of this method of
water supply. A certificate of water availability, dated May 18, 1989, indicates this
district's capability to serve the proposed development.
A letter from the Federal Way Water and Sewer District, dated July 11, 1991, and
included as Exhibit 1j, states that the comments on the May 18, 1989 certificates still
apply. Additionally, certificates was issued for water and sewer on May 15, 1991
(Exhibit 1j), which match the requirements in the May 18, 1989 certificates.
The proposed subdivision does have potential negative impacts from storm water runoff
to water quality and surrounding properties. Conditions to any plat approval are
necessary to mitigate these potential negative impacts.
The application is not in conflict with the policies of the 1985 King County
Comprehensive Plan, which designates the subject property as urban. The proposed
subdivision is not in conflict with the policies of this comprehensive plan. The proposed
subdivision is located in the Federal Way Community Planning area, which is governed
by the 1986 Federal Way Community Plan and Area Zoning. The proposed subdivision
is not in conflict with the goals, guidelines, and policies of the Federal Way Community
Plan.
..
No one spoke in opposition to this proposed subdivision. The applicant expressed some
concerns regarding proposed conditions involving access to bio-filtration systems. An
interested member of the public expressed concerns regarding impacts of stormwater run-
off to adjacent properties.
IV. CONCLUSIONS
1.
The Federal Way Hearing Examiner has jurisdiction to hear and present
recommendations on this application to the City Council, pursuant to Section 155 of the
Federal Way Zoning Code, and under the interlocal agreement between King County and
the City of Federal Way, dated March 13, 1990. The City has elected to process this
application under "List A" of that interlocal agreement. The City and the applicant agree
that this preliminary plat application should be reviewed by the Examiner under Process
III, Chapter 155 of the City Code.
2.
Federal Way Code Section 155.60.3, states that the Hearing Examiner shall use the
decisional criteria listed in Section 75.3 of Chapter 155. Section 155.75.3 merely
M.IRROR LAKE TERRACE, PRE-PLAT
FTI-E #ILA-90-001S-SUB; FWHE #91-9
PAGE 8
provides the process for City Council review of Hearing Examiner recommendations, and
includes no decisional criteria. Section 155.75.4 does list decisional criteria for Process
III applications. That section states that an application may only be approved if:
a.
It is consistent with the Comprehensive Plan;
b.
It is consistent with all applicable provisions of the
Code, including those adopted by reference from
the Comprehensive Plan; and
c.
It is consistent with the public health, safety and
welfare.
3.
The City has elected to review this preliminary plat application for consistency with the
codes of King County. The City has concluded that "the preliminary plat application of
Mirror Lake Terrace will comply with the goals and objectives of the 1985 King County
Comprehensive Plan and 1986 Federal Way Community Plan and Area Zoning. The
proposal will comply with the requirements of King County Title 19, Subdivisions, and
Title 21, Zoning Code, and other official land use controls of King County, based on the
conditions for preliminary plat approval." (Exhibit I, Page II) This conclusion was not
disputed in any way. The Examiner therefore adopts this conclusion as part of the
recommendation to the Council.
4.
..
The Examiner concludes that, with conditions, the application for approval of the
preliminary plat will be consistent with the public health, safety, and welfare and should
be approved.
V. RECOMMENDATION
The application for approval of the Mirror Lake Terrace Preliminary Plat application to
subdivide 4.96 acres into 19 lots for single family houses should be APPROVED, subject to the
following conditions of preliminary plat approval!:
! The Examiner notes that the City and the applicant are in substãntial agreement on the
conditions to be applied, and that no one presented testimony in opposition to approval of the
plat, or expressed any specific concerns regarding the conditions recommended in the staff
report. The Examiner's revisions to the recommended conditions are for the purpose of
clarification. The revisions are indicated in bold type to facilitate review.
MIRROR LAKE TERRACE, PRE-PLAT
FILE #ILA-90-0015-SUBj FWHE #91-9
PAGE 9
1.
Compliance with all platting provisions of Title 19 of the King County Code.
2.
All persons having an ownership interest in the subject property shall sign on the
face of the final pJat a dedication which includes the language set forth in King
County Council Motion no. 5952. (See Exhibit 2)
3.
The area and dimensions of all lots shall meet the minimum requirements of the
SR 7,200 zone classification of King County at the time of submittal of the
application.
4.
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
accmdance with the King County Road Standards established and adopted by
Ordinance No. 8041.
6.
The applicant must obtain the approval of the King County Fire Protection
Engineer for the adequacy of the rue hydrant, water main, and fire flow standards
of Chapter 17.08 of the King County Code, and applicable City codes,
including those indicated in Exhibit Id.
7.
Final plat approval shall require fulN:ompliance 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.
b.
A separate Erosion and Sediment Control (ESC) plan for this project shall
be submitted with the engineering p1ans. The pIan shal1 show areas to be
cleared (limits of the clearing) and provide a schedule of construction
(construction sequence).
c.
Retention/detention (RID) pond and biofiltration swale shall be located in
J\.1IRROR LAKE TERRACE, PRE-PLAT
FILE #ll.-A-90-0015-SUB¡ FWHE #91-9
PAGE 10
an easement or a tract at the extreme downstream end of the site.2 The
biofiltration swale shall be designed to treat the peak runoff for a 2-year,
24 hour duration design storm. Maintenance access shall be provided to
all facilities. This will require a IS-foot access roadway to all manholes
(RJD). Access must also be provided for maintenance of the entire pond.
d.
Prior to recording of the final plat, those portions of the
retention/detention facility necessary to control the flows discharging from
the site shall be constructed and operational. '
e.
OiUwater separation facilities shall be provided at each point of permanent
stonn drainage release from the site so contaminants do not enter natural
drainage features. In addition to standard King County oillwater
separators, the applicant is required to provide biofùtration prior to
discharge of stonnwater into any sensitive area (e.g. streams, wetlands,
lakes, etc.). Such biofiltration includes 200 feet of broad, flat-bottom,
grass-lined swales) or equivalent systems.
f.
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 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"
2 Whether these facilities must be located within a tract, or whether easements would be
permissible, was the subject of some debate between the City and the applicant at the public
hearing. The specific details on access roadways also were discussed: The City's concerns
regarding access to and maintenance of bio-filtration swales placed in easements over developed
lots are legitimate ones. However, since the exact location for proper placement of the drainage
swale has not yet been determined, the flexibility to allow location within easements should be
retained.
l\1JRROR LAKE TERRACE, PRE-PLAT
FILE #ll..A-90-0015-SUB; FWHE #91-9
PAGE 11
stake marked "storm" or "drain." The stub-out shall extend above
surface level, be visible and be secured to the stake.
3)
Pipe material shall confonn to underdrain specifications described
in KCRS 7.04 and, if non-metallic, the pipe shall contain wire or
other acceptable detection feature.
4)
Drainage easements are required for drainage systems designed to
convey flows through more than one lot.
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).
6)
All individual stub-outs shall be privately owned and maintained
by the lot home owner.
g.
In some cases, on-site infiltration systems may be accepted for detention
for the lots depending on soil conditions. To determine the suitability of
the soil for infùtration systems, a soils report that includes percolation
tests and a soil log taken at 6-foot minimum depth shall be submitted by
a professional engineer, or soil specialist. This shall include, at a
minimum, information on s~l texture, depth to seasonal high water and
the occurrence of mottling and impervious layers. The report shall also
address potential down gradient impacts due to increase 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 infùtration
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.
The drainage plan and the recorded document shall indicate each lot
approved for infiltration.
h.
Include with the drainage plan a downstream analysis. This analysis must
extend for minimum distance of 1/4 mile from the.point of relêase 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
human-made. Probable impacts due to construction of the project must
MIRROR LAKE TERRACE, PRE-PLAT
FILE #ILA-90-0015-SUB; FWHE #91-9
PAGE 12
also be addressed 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 the both.
Any off-site improvements will require the approval of all affected
property owners.
i.
Current standard notes and ESC notes, as established by BALD
engineering review, shall be placed on the engineered plans.
J.
The following notes shall be provided on the map page of the recorded
document:
n All building downspouts, footing drains, and drains from all impervious
surfaces such as patios and driveways shall be connected to the permanent
storm drain outlet as shown on the approved construction drawings #
on file witlì BALD and/or the Department of Public Works. This plat
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. For those lots that are designated for
individual lot inftltration systems, the systems shall be constructed at the
time of the building permii-and shall comply with plans on ftle. n
8.
Due to the erosion hazard, clearing shall be limited to those areas required for
construction of roadways and utilities prior to recording.
9.
An uninventoried wetland (King County Type 3) exists at the northeast comer of
the proposed subdivision. The following conditions shall be satisfied with respect
to this wetland:
a.
The wetland plus a 25-foot buffer shall be designated as a Native Growth
Protection Easement (NGPE).
,~ I
,'¡
b.
The boundary of the 25-year floodplain shall be determined by the
applicant's engineer. Any portion of the 25-year floodplain extending
beyond the wetland buffer shall also be designated as NGPE. Compliance
with this condition may result in reducing the number and/or location of
MIRROR LAKE TERRACE, PRE-PLAT
Fll..E #ILA-90-0015-SUBj FWHE #91-9
PAGE 13
c.
10.
lots as shown on the preliminary approved plans.
The NGPE shall be located within a separate tract and shown on the
approved engineering plans and recorded flnal plat.
d.
An additÍonal IS-foot Building Setback Line (BSBL) shall be delineated
adjacent to the NGPE and shown on the approved engineering plans and
recorded final plat. An encroachment of S.W. 3 13th Ct. within the BSBL
may be allowed, provided the impacts are fully mitÍgated.
e.
Stormwater generated by roadways within the proposed subdivision shall
pass through an oil/water separator and at least 200 feet of biofiltratÍon or
equivalent prior to discharge into the wetland.
f.
An existing 8-inch concrete culvert presently serves as the outlet for the
wetland. The final engineering plans for the constructÍon of S.W. 313th
Ct. and the possible replacement of the culvert shall ensure that the
hydraulic functÍon of the wetland is not altered.
The following statement shall be shown on the approved engineering plans and
recorded flnal plat:
Building Setbacks and Native Gro",th Protection Easements
Structures, fill and obstructÍons (including, but not limited to decks, patÍos,
outbuildings, or overhangs beyond 18 inches) are prohibited within the building
setback line (BSBL) and restricted floodplains (if applicable), and within the
NatÍve Growth ProtectÍon Easement(s) as shown.
Dedication of a NatÍve Growth ProtectÍon Easement (NGPE) conveys to the
pJ,lblic a beneficial interest in the land within the easement. This interest includes
the preservatÍon of natÍve 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 protectÍon 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 the City of Federal Way, which permission must be
obtained in writing from the City of Federal Way Department of Community
MJRROR LAKE TERRACE, PRE-PLAT
FILE HILA-90-0015-SUBj FWHE #91-9
PAGE 14
II.
12.
13.
14.
Development or its designated agency.
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 the City of Federal Way.
Several areas of the site appear to be seasonally saturated with groundwater.
These areas are at the foIJowing approximate locations (as per the revised plan
received by King County on August 31,1989): lots 11, 12, 18 and 19, and S.W.
313th Court. A geotechnical report detailing the soil and groundwater conditions
at these locations shall be prepared by a professional geotechnical engineer. The
report shall make specific recommendations for the design of a dewatering plan
and a roadway subgrade plan which wiIJ ensure the integrity of future roadways,
buildings, and utilities. The recommendations shall be subject to review and
approval by the City of Federal Way. The final engineering plans shall include
a dewatering plan and roadway subgrade plan which satisfies the final
geotechnical recommendations.
To protect downstream property owners from increased runoff, an interceptor
trench shall be installed in the vicinity of the southern and western boundaries of
the proposed subdivision.
~
The downstream stonnwater conveyance system traverses the existing POO of
Hidden Lane. The condition and capacity of the conveyance system shall be
inspected and evaluated in detail by the applicant's design engineer. On-site
runoff shall be limited to the existing available capacity in the downstream system
less any bypass and off-site flows which are also conveyed by this system. If the
existing conveyance system through the Hidden Lane PUD is found to be
inadequate to handle overflow conditions, replacement or repair of the system
may be required.
An existing ditch, which cuITently drains the wetland, traverses the southern
portion of the proposed subdivision. The existing ditch shall be filled and the
flows transfeITed to a approved stormwater conveyance system. Iffeasible, these
flows should bypass the retention/detention (RJD) facility.
MIRROR LAKE TERRACE, PRE-PLAT
FILE #ILA-90-001S-SUBj FWHE #91-9
PAGE 15
IS.
16.
Off site flows from upstream property to the north appear to enter the site of the
proposed subdivision. The final engineering plans shall include an adequate
stonnwater conveyance system to collect all off-site flows. This condition may
require extensions of the stonnwater conveyance system (with appropriate
easements) to the property boundary,
a)
8th Avenue S.W., where it abuts the site, shall be improved to full width
urban "neighborhood collector" standards (for the wester half of the street)
per King County Road Standards (KCRS) 2.03, unless a variance is
obtained from the Department of Public Works. The improvement shall
be the full length of right-of-way that abuts the site. The southern
tenninus of these improvements shall match the existing roadway cross-
section and alignment of 8th Avenue S. W. where it connects with the
existing subdivision of MirTOrwood except that the curb shall transition
from rolled to vertical.
b)
Any portion of existing 8th A venue S. W. which cannot match the required
improvements (for proposed 8th Avenue S.W.) shall be reconstructed to
match the required 8th Avenue S. W. improvements per condition 8(a).
c)
All improvements to 8th Avenue S.W. shall include associated stonn
drainage conveyance, treatq¡ent, and detention facilities as appropriate.
17.
Thirty feet of additional right-of-way for 8th Avenue S.W. shall be dedicated to
the City and shown on the revised preliminary plat map dated August 31, 1989.
18.
There shall be no direct vehicular access to or from 8th Avenue S.W. from any
lot which abuts it.
19.
The internal roadway system shall be improved to urban sub-access street
standards (KCRS 2.03).
20.
Lots 2 and 3 shall have undivided ownership of Tract B and be responsible for
its maintenance. Tract B shall be 26 feet wide and improved with a 22-foot-wide,
paved surface and controlled drainage. Landscaping shall be planted on each side
of the paved access road with trees, shrubs, and groundcover.
MIRROR LAKE TERRACE, PRE-PLAT
FILE #ILA-90-0015-SUB; FWHE #9l-9
PAGE 16
21.
22.
23.
24.
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 boundary delineation, as determined by tbe City of
Federal Way, between the lot or portions of the lot and the areas 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 transferred to the first owner-occupant.
If the paved width of S.W. 313th Court is less than 28 feet, four off-street
parking spaces shall be provided on each lot. This shall be stated on the face of
the plat.
The applicant shall add paving to provide 6 feet of shoulder for pedestrian access
to the width of 8th Avenue S.W. between subject site and S.W. 312th Street
utilizing the existing easement if available. Striping shall be painted between the
shoulder and driving lane. Actual plans and striping shall be subject to Public
Works approval during the engineering plan review.
Dated this 4th day of September, 1991.
~ 11-4B ~L~
THEODOREP.HUNTER
VI. RIGHTS TO RECONSIDERA nON M'D APPEAL
Any person who has a right to appeal a decision under the Federal Way Zoning Code may
request the Hearing Examiner to reconsider any aspect of his or her decision by delivering a
written request for reconsideration to the Planning Department within seven (7) calendar days
after the date of issuance of the Hearing Examiner's decision. The person requesting the
reconsideration shall specify in the request what aspect of the decision he or she wishes to have
reconsidered and the reason for the request. The distribution of the request and the response to
the request shall be governed pursuant to the provisions of the Federal Way Zoning Code.
Within ten (10) working days after receiving a request for reconsideration, the Hearing Examiner
shall notify the persons who have a right to appeal under the Federal Way Zoning Code, whether
or not the decision will be reconsidered. The Hearing Examiner may reconsider the decision
MIRROR LAKE TERRACE, PRE-PLAT
FILE IfILA-90-0015-SUBj FWHE #91-9
PAGE 17
only if he or she concludes that there is substantial merit in the request. The process of the
reconsideration will be followed in accordance with the Federal Way Zoning Code. The decision
of the Hearing Examiner may be appealed by any person who is to receive a copy of that
decision under Section 150.65 of the Federal Way Zoning Code. That appeal, in the form of
a Jetter of appeal, must be delivered to the Planning Department within fourteen (14) calendar
days after the issuance of the Hearing Examiner's decision or, if a request for reconsideration
is f1.led, then within fourteen (14) calendar days of either the decision of the Hearing Examiner
denying the request for reconsideration or the reconsidered decision. The letter of appeal must
contain a clear reference to the matter being appealed and a statement of the specific factual
fmdings and conclusions of the Hearing Examiner disputed by the person filing the appeal. The
person filing the appeal shall include, with the letter of appeal, the fee established by the City.
The appeal will not be accepted unless it is accompanied by the required fee. The decision of
the Hearing Examiner may be appealed whether or not there was a request to reconsider the
Hearing Examiner's decision.
..