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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. ..