Res 92-113
RESOLUTION NO.
92-113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE PRELIMINARY PLAT OF HIGH POINT
PARK III, KING COUNTY BUILDING AND LAND
DEVELOPMENT FILE NO. S89PO049 (FEDERAL WAY
FILE NO. ILA-90-0014-SUB).
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 interlocal 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, as a condition of extending applicant's timeline
to complete the preliminary plat application process, the applicant
has agreed to the application of the Federal Way Code Titles 16 and
22, relating to Parks and Open Space, and the 1990 Surface Water
Design Manual Standards for this plat; and
WHEREAS, the Federal Way Land Use Hearing Examiner held
a public hearing on May 12, 1992, concerning the preliminary plat
of High Point Park III; and
WHEREAS, at the conclusion of said hearing the Federal
Way Land Use Hearing Examiner issued its Findings, Conclusions,
Conditions, Recommendations and Decision on May 20, 1992; and
COpy
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
WHEREAS, the City Council having considered the written
record and recommendation of the Hearing Examiner,
pursuant to
FWC 16.110.40, on this date; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
section 1.
The Findings, Conclusions and Recommendations
of the Federal Way Land Use Hearing Examiner issued on May 20,
1992, following a hearing held on May 12, 1992, which included a
recommendation to approve the preliminary plat of High Point
Park III subject to certain conditions, are hereby adopted as the
Findings, Conclusions and Conditions of the City Council.
section
2.
The
city
Council
makes
the
following
additional Findings of Fact:
1.
This plat and the conditions for approval assure that
appropriate provisions are made for, but not limited to, the public
health,
safety,
and general welfare,
for open spaces, drainage
ways, streets or roads, alleys, other public ways, transit stops,
potable water supplies,
sani tary wastes,
parks and recreation,
playgrounds, schools and schoo1grounds; and
- 2 -
2.
The public interest will be served by the granting of
this preliminary plat.
section 3.
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 and
the additional Findings of section 2 herein, the preliminary plat
of
High
Point
Park
III,
Building
and
Land
Development
File
No. S89PO049
(Federal Way File No.
ILA-90-0014-SUB)
is hereby
approved subject to the Conditions contained in the Recommendation
of the Federal Way Land Use Hearing Examiner Report for this matter
dated May 20, 1992, attached hereto as Exhibit A and incorporated
by reference.
Section 4.
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
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
- 3 -
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
June
, 1992.
CITY OF FEDERAL WAY
~~~
MAYOR, ROBERT STEAD
ATT~T:/ / / .
/ "~, / I
'f ' ,
L / I ;
J-AEW. i 7d$i . ~ CMC
/
I
APPROV D AS TO FORM:
FILED WITH THE CITY CLERK: June 10, 1992
PASSED BY THE CITY COUNCIL: June 16, 1992
RESOLUTION NO. 92-113
92L491
- 4 -
OFFICE OF TIIE HEARING EXA.MTh.'ER
OF THE CITY OF FEDERAL WAY
In Re the Application of
Westmark Development Corporation
)
)
)
)
)
)
)
)
)
FILE #ILA-90-0014-SUB
FWHE #92-3
For Preliminary Plat Approval
of that tract of land known as
High Point Park III
RECOJ\IME1\"!>ATION ON
PRELIMINARY PLAT APPLICATION
I. BACKGROU1\'D At,,"!> SUMMARY OF APPLICATION
High Point Park III is a proposed subdivision of 11 acres into 20 single family lots (Exhibit A).
The zoning for subject site at the time of application to King County (June 5, 1989) was RS
7200, Residential Single Family. Proposed lot sizes range from 8,582 square feet to 49,910
square feet, with an average lot size of 18,818 square feet.
Primary access is proposed from the west (Hoyt Road and S.W. 331st Place) and secondary
access from the north (42nd Place S.W.). Currently, S.W. 331st Place bisects the property into
two areas. This road is proposed to be widened to 28 feet in width and regraded. All roads are
proposed to be constructed to King County full street improvements (no half-streets) with
sidewalks on both sides. Hoyt Road is proposed to be reconstructed along the east half fronting
subject subdivision.
The applicant proposes to serve the subject subdivision by means of a public sewer and public
water system managed by the Federal Way Water and Sewer District and Tacoma Public
Utilities respectively. Public water and sewer are available to serve the site.
II. PROCEDURAL Th'FORMATION
Hearing Date:
Decision Date:
May 12, 1992
May 20, 1992
At the hearing the following presented testimony and evidence:
1.)
Stephen Clifton, Senior Planner, City of Federal Way
33530 - 1st Way South, Federal Way, WA 98003
2.)
Tom Touma, Project Engineer
15668 West Valley Highway, Seattle, WA 98188
EXHIBIT ".Il...:
HIGH POINT PARK ill
FILE #ILA-90-0014-SUBj FWliE #92-3
PAGE 2
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1.)
Staff Report
A.) Preliminary Plat, Conceptual Grading and Utilities Plan, and Slope
Analysis (Reduced).
Vicinity Map.
Application for Preliminary Approval (6/5/1989).
Mitigated Determination of Non-Significance (}..1DNS) (2/13/1990).
Preliminary Plat on which the Mitigated Determination of Non-
Significance was Issued.
Appeal Letter of SEPA Determination (2/21/1990)
Hearing Examiner's Decision on SEPA Appeal (5/8/1991).
King County Transmittal List.
Correspondence from Department of Transportation (2/13/1990).
Correspondence from King County Conservation District (2/19/1990).
Correspondence from Washington Natural Gas (2/23/1990).
Correspondence from King County Traffic and Planning (2/12/1990).
Correspondence from Washington State Department of Wildlife
(4/12/1990).
N.) Correspondence from King County Geologist (3/14/1990).
0.) Correspondence from King County Department of Parks, Planning and
Resources (5/9/1990).
Correspondence from King County BALD Division Site Development
Review Section (6/27/1989).
'Q.) Correspondence from Seattle-King County Department of Public Health
and Environmental Services (5/26/1989).
Correspondence from Federal Way Water and Sewer (5/19/1989).
Correspondence from Federal Way Water and Sewer (5/22/1989).
Federal Way Development Review Correspondence from Federal Way
Water and Sewer District (1/16/1992).
U.). Federal Way Development Review Correspondence from King County
Fire District #39 (1/16/1992).
V.) Federal Way Development Review Correspondence from Federal Way
Building Department (1/7/1992).
Soil Classifications and Approximate Boundaries.
Map depicting existing drainage pattern.
Correspondence from Susan Meyer, Wetlands Specialists (1/16/1992).
King County Administration Guidelines, Building Setbacks from
Hazardous Slopes on Plats and Short Plats.
AA.) Slope Analysis - Building Setback Lines from Hazardous Slopes.
AB.) King County Slope-Density-Ratio Residential Guidelines for Sloping
Ground.
B.)
C.)
D.)
E.)
F.)
G.)
H.)
1.)
J.)
K.)
L)
M.)
P.)
R)
S.)
T.)
W.)
X.)
Y.)
Z.)
HIGH POINT PARK ill
FILE #ILA-90-0014-SUB; FWHE #92-3
PAGE 3
2.)
3.)
4.)
5.)
AC.) King County Chapter 21.49 -- Road Adequacy Standards.
AD.) Correspondence from Federal Way Public Schools (1/24/1990).
AE.) Correspondence from Federal Way Public Schools (1/10/1992).
AF.) Map depicting school bus stops near subject site.
AG.) Map depicting parks and spaces near subject site.
AH.) Letter from King County to Tom Touma (7/8/1991).
AI.) King County Motion 5952.
Preliminary Plat Map
Conceptual Grading and Utilities Plan
Slope Analysis
Letter submitted by Mrs. Robert Stiers
ill. FTh'DINGS
1.
The applicant has a possessory ownership interest in an II-acre parcel of property
bordered by Hoyt Road S.W. on the west, south of S.W. 329th P1ace. The site is
bisected by S.W. 331st Place which provides access from Hoyt Road, with a secondary
access from the north via 42nd Place S.W.
2.
The site is zoned RS 7200, which is a single-family residential zone with a minimum lot
size of 7,200 square feet. The applicant is proposing to deve10p the site consistent with
said zone into 20 single-family residential lots, with a minimum lot size of 8,582 square
feet, a maximum lot size of 49,910 square feet, and an average lot size of 18,818 square
feet. Public sewer and water are available to serve all lots.
3.
The site slopes downward from east to west from a maximum elevation of 416 feet to
a minimum elevation of 270 feet. Slopes range from 6% to over 40%, with the majority
of the site averaging a 20% slope. The applicant has shown all slopes of 40% and
steeper on the site plan. In addition, Native Growth Protection Easements are shown
around all such slopes. Despite such slopes and easements all lots have an adequate
building envelope to support a reasonably-sized single-family residential dwelling,
without the necessity of a variance. Most of the steep slopes which exceed 40% are
located in the south portion of the plat, which has the larger lot sizes.
4.
The site is bisected by a major drainageway flowing from east to west across the south
portion of the plat and terminates at Tract B which is located at the northwest corner of
the intersection of S.W. 331st Place and Hoyt Road. This tract is the location of the plat
drainage pond. In addition to the on-site detention facilities the drainage plan includes
on-site filtration, oil/water separators, and a bio-f¡]tration swale. Condition 7 requires
the applicant's drainage plan to meet the requirements of King County Ordinance 91.63
and be designed by a professional engineer.
mGH POINT PARK ill
FILE #ILA-90-0014-SUBj FWHE #92-3
PAGE 4
5.
Except for the northeast corner, plat soils consist of alderwood gravelly, sandy loam
(AgD), which is characterized by severe erosion hazards. BuiIding foundations are
severely limited in AgD soils. A condition of approval requires that a site-specific geo-
technical engineering report be submitted with each building permit application for lots
containing slopes in excess of 20 %. Geo-technical reports are also required to address
road and utility construction.
6.
The site is presently undeveIoped and is heavily wooded with trees and second story
vegetation. Surrounding uses include single-family residential plats, and a church
bordering the east property line. The proposed single-family development is compatible
with existing and proposed adjoining uses and the immediate neighborhood.
7.
The site will generate approximately 224 vehicle trips per day and will not have a direct
traffic impact on any intersection or roadway within the city of Federal Way operating
at LOS F. Thus the traffic impact is below the threshold to warrant mitigation for
surrounding roadways or intersections. However, the applicant has agreed to provide
mitigating measures which include the design and construction of roads in accordance
with the 1987 King County Road Standards; the re-grading of S.W. 331st Place to a
uniform maximum slope of 15%; increasÎ.i1g the width of S.W. 331st Place from 26 feet
to 28 feet; and correcting sub-standard site distance at two intersections within the plat
and at the intersection of S.W. 331st Place and Hoyt Road S.W..
8.
Because of the steep slopes on the site, in lieu of dedicating land for park purposes, the
Federal Way Parks Department is recommending that the applicant pay a fee of $22, 185
pursuant to Title 22.30 of the Federal Way Zoning Code. The applicant has agreed with
the alternative mitigating measure.
9.
At the time the preliminary plat was submitted there were no ordinances in place
requiring the mitigation of school impact fees, and therefore none will be required.
However, the applicant has agreed to work with the school district to address crosswalk
needs.
10.
The applicant questioned the need for an additional wildlife study since a similar study
had been previously prepared in conjunction with the hearing on the environmental
appeal in this matter. The Community Development Department agreed that a new study
was not required, and the proposed condition requiring a study is eliminated.
HIGH POINT PARK ill
FILE #ILA-90-0014-SUB; FWHE #92-3
PAGE 5
11.
A letter expressing concerns regarding drainage from this site and another site in the area
was submitted by Mrs. Robert Stiers. She is concerned about existing drainage impacts
to her property which is located down the hill from her site, and is further concerned that
said impacts will be exacerbated by the development of this site. As previous1y indicated
the drainage system will be designed by a professional engineer, and will be to King
County Standards. The drainage system is adequate to accommodate stonn water from
the plat and downstream properties should not be adversely impacted.
IV. COl'iCLUSIOl'iS
1.
The proposed preliminary plat of High Point Park ill is consistent and compatible with
the goals and objectives of the 1985 King County Comprehensive Plan, and the 1986
Federal Way Community Plan and Area Zoning. If the applicant complies with the
recommended conditions of preliminary plat approval, the proposal will comply with
Titles 19 and 21 of the King County Code, as well as other official land use controls of
King County. The proposed preliminary plat will also comply with the City of Federal
Way Code Titles 16 and 20 for open space, and the 1990 King County Surface Water
Manual.
2.
The proposed preliminary plat of High Point Park ill makes appropriate provisions for
the public health, safety, and general welfare; open spaces; drainageways; streets and
roads; transit stops; potable water supplies; sanitary waste; parks and recreations;
playgrounds; schools and school grounds, including sidewalks and other planning features
that assure safe walking conditions for students who walk to and from school. The
preliminary plat of High Point Park III will serve the public use and interest by providing
an attractive location for single-family residential development in a growing area of
Federal Way.
V. RECOM]\IEJ1i'DATION
It is hereby recommended that the request for preliminary plat approval of High Point Park III
be APPROVED subject to the following conditions:
1.
The plat shall comply with all platting provisions of Title 19, King County
Subdivision Ordinance (with the exception of 19.38, open space requirements, see
condition #16).
2.
All persons having an ownership interest in the subject property shall sign on the
face of the final plat a dedication which includes the language set forth in King
County Council Motion No. 5952 (Exhibit AI) except as modified for the City
of Federal Way.
HIGH POINT PARK ill
FILE #ILA-90-0014-SUBj FWHE #92-3
PAGE 6
3.
The area and dimensions of all lots shall meet the minimum re<J.uirements of the
RS 7200 zone classification. Compliance with the conditions of preliminary p]at
approval may result in reducing the number and/or location of lots as shown on
the preliminary approved plat.
4.
The applicant must obtain the approval of the City of Federal Way for the
adequacy of the fire hydrant, water main, and f]Ie flow standards.
5.
A Developer Extension Agreement must be entered into between the applicant and
the Federal Way Water and Sewer District for the water system. As part of the
design of the water system, looping of the new system to existing mainlines may
be re<J.uired to provide circulation and maintenance enhancements, and piping
shall extend to far edges of the property in accordance with the requirements of
the Federal Way Water and Sewer District.
6.
A Developer Extension Agreement must be entered into between the applicant and
the Federal Way Water and Sewer District for the sewer system. As part of the
agreement, the applicant will be required to extend sewer mains to the far edges
of the property where property can be served, and to construct off-site utilities to
obtain services. In addition a collection system is re<J.uired to extend to the far
edges where uphill property can be served.
7.
Final plat approval shall require full compliance with drainage provisions set forth
in King County Ordinance 9163 as established in the 1990 King County Surface
Water Design Manual (1990 KCSWDM). Compliance may result in reducing the
number and/or location of lots as shown on the preliminary approved plat. The
following conditions represent ~ of the Code and re<J.uirements and shall
apply to gJJ plats:
a.
Federal Way Public Works Department 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 drainage and roadway p]ans. The p]an shall show
the limits of the area to be cleared (limits of clearing) during construction
of roads and the installation of drainage improvements and utilities, and
provide a schedule of construction (construction sequence). The plans
shall include provisions for protecting exposed soils from weathering by
wind or rain by covering piles of soil with tarp. The plan shall comply
with core requirement No.5 of the 1990 KCSWDM.
ffiGH POINT PARK ill
FILE #ILA-90-0014-SUB¡ FWHE #92-3
PAGE 7
c.
Due to potential erosion hazard, clearing shaH be limited only to the
months of April through September, and only to those areas required for
construction of roadways and utilities.
Prior to any clearing or grading, a boundary delineation acceptable to the
City of Federal Way shall be provided on the site between lots and any
areas designated as a NGPE. Said boundary delineation shall remain in
place until a dwelling is constructed on the lot or ownership transferred
to the first owner-occupant at which time a five foot fence shall be
installed.
Retention/detention (RID) facilities used to control runoff from the site to
off-site drainage courses shall be located in a separate tract. Access for
maintenance shall be provided to all facilities. This will require a 15-foot
access roadway to all RJD manholes. The design frequency storm events
shall be 2-year, 24 hour and 10-year, 24-hour with runoff from the site
restricted to no more than the pre-developed runoff rates for those storm
events. Detention volume in the pond shall be increased above this design
level by 30 percent in accordance with the 1990 KCS\VDM.
d.
Prior to recording of the fmal plat, those portions of the
retention/detention facilities necessary to control the flows discharging
from the site shall be constructed and operational.
e.
Oil/water separation facilities shall be provided at each point of permanent
storm drainage release from the site to prevent contaminants from entering
the natural drainage features, both off-site and on-site. In addition to
oil/water separators, the applicant is required to provide bioflltration prior
to discharge of stormwater. Such bioflltration includes 200 feet of broad,
flat-bottom, grass-lined swales or equivalent, the design of which shall be
in conformance with Section 4.6.3 of the 1990 KCSWDM. A 15-foot
gravel access shall be provided along the entire length of each biofiltration
swale for maintenance.
f.
Drainage outlets (stub-outs) shall be provided for each individual lot,
except for those lots approved for infiltration by the City of Federal Way.
Stub-outs shall be shown on the engineered plans and shall conform to the
following:
ffiGH POINT PARK ill
FILE #ILA-90-0014-SUBj FWHE #92-3
PAGE 8
1)
Each outlet shall be suitably located at the ]owest e1evation 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
storm water conveyance system or to an approved outfall location.
2)
Outlets on each lot shall be located v.ith a five-foot-high, 2" x 4"
stake marked" storm". The stub-out shall extend above surface
level, be visible and be secured to the stake.
3)
Pipe material shall conform with underdrain specifications
described in KCRS 7.04 and, if non-metallic, the pipe shall contain
wire or other acceptab1e feature detectable from the surface.
4)
Drainage easements are required for drainage systems designed to
convey flows through more than one lot.
5)
All individual stub-outs shall be privately owned and maintained
by the lot home owner.
In some cases, on-site storm water infiltration systems may be suitable for
use on individual lots depending on soil conditions. The system shall be
used where suitable. To determine the suitability of the soil for
infiltration 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. TIùs shall include, at a minimum, information
on soil 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 increased hydraulic loading on slopes and
structures. 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 face of the final plat map. The drainage p]an and the final
plat map shall indicate each lot approved for infiltration. A typical
infiltration system design shall be submitted for approval with the p]at
drainage plans and shall be referenced on the final p]at map. The design
shall be in conformance with Section 4.5.1 of the 1990 KCSWDM.
g.
HIGH POINT PARK ill
FILE #ILA-90-0014-SUBj FWHE #92-3
PAGE 9
j.
8.
h.
A downstream drainage analysis shall be included with the drainage pJan,
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 shall
ronform to Section 1.2.2 of the 1990 KCSWDM and 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 ronstruction of the project
must also be addressed with respect to these same concerns. Where this
analysis reveals a more restrictive situation, more stringent drainage
rontrols, than would othern'ise be necessary for a project of this type,
may be required. These rontrols may include additional on-site rate
and/or volume rontrols, off-site improvements, or a combination of both.
Any off-site improvements will require the approval of all affected
property owners.
i.
Current standard notes and ErosionlSedimentation Control (ESe) notes,
as established by the City of Federal Way Public Works Department, shall
be placed on the engineered plans.
The following note shall be placed on the face of the final plat map:
"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 with the City of Federal Way Public Works Department
under Project I_. This plan shall be submitted with the application
of any building permit. All ronnections of the drains must be constructed
and approved prior to the final building inspection approval. For those
lots that are designated for individual lot infiltration systems, the systems
shall be constructed prior to certificate of occupancy and shall comply
with p]ans on file. "
a.
The following shall be protected by a Native Growth Protection Easement
(NGPE), dedicated as separate tracts, and depicted on the engineering
plans and the face of the recorded final plat
..
Areas with slopes of 40% or greater.
..
Slopes 25% or steeper adjacent to slopes of 40% or greater.
..
Tract "A" northeast of existing S.W. 331st P]ace and proposed
42nd Place S.W.
HIGH POINT PARK ill
FILE #ILA-90-0014-SUB; FWHE #92-3
PAGE 10
b.
The following statement shall be shown on the approved engineering pJans
and recorded final plat:
"Building Setbacks and Native Growth Protection Easements (NGPE)
Structures, f1JI and obstructions (including, but not limited to decks,
patios, outbui1dings, fences or overhangs beyond 18 inches) are prohibited
within the building setback line (BSBL) and restricted floodpJains (if
applicable), and within any Native Gro'W1h Protection Easement(s) as
established during engineering plan review.
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 the
City of Federal Way, 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 the city of Federal Way, which permission must be obtained in
writing from the City of Federal Way Department of Community
Development or its successor 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 or its successor agency."
c.
The boundaries of the NGPE and all Building Setback Lines (BSBL's)
shall be shown on the face of the recorded plat by delineating their
distance at each property boundary from an adjacent property corner and
by indicating their distance from an approximately or precisely located
natural feature (typically the top or toe of the slope).
HIGH POINT PARK ill
FILE #ILA-90-0014-SUB; FWHE #92-3
PAGE 11
9.
12.
13.
14.
d.
As part of the review, the applicant must prepare a special study
recommending construction procedures to insure that no impact will occur
to any area within 10' of the NGPE and demonstrate that the Structure will
in no way increase or concentrate surface water over the top of the slope.
A five foot tall fence must be installed on the edge of any NGPE area at the time
that a dwelling is constructed on the adjoining lot or ownership of that lot
transferred to the first owner-occupant. This fence must be constructed of such
material which would allow visibility of the NGPE from the lots. A statement
to this effect must be placed on the face of the recorded plat.
10.
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 (1987 King County Road Standards).
11.
There shall be no direct vehicular access to or from Hoyt Road for any lots
abutting it and S.W 331st Way for lots #7-#10.
All roadway improvements shall be improved with vertical curb, gutter, and
sidewalks on both sides for internal roadways, east side for Hoyt Road.
a.
All right-of-ways, roads, and sidewalks shall be dedicated to the public
upon recording of the final plat.
b.
A geotechnical report shall be prepared by a licensed geotechnical
engineer to address recommended designs for the proposed roadways.
The report shall detail the soil and groundwater conditions. The
recommendations to ensure integrity of future roadways shall be subject
to review and approval by the City of Federal Way.
All internal roads will be constructed to King County full street improvements (no
half-streets). The following lists the classification of each:
a.
b.
'c.
S.W. 331st Place - Subcollector
42nd Place S.W. - Minor Access
Unnamed cul-de-sac west of S.W. 331st Place - Minor Access
Note: If paved width of minor access streets are to be less than 28 feet,
each lot shall provide for four off-street parking stalls per King County
King County Road Standards Section 2.03 note #8).
HIGH POINT PARK ill
FILE #ILA-90-0014-SUB; FWHE #92-3
PAGE 12
20.
21.
22.
23.
15.
Hoyt Road S.W. shall be constructed to King County full street Secondary
Arterial standards for the east half fronting subject project.
16.
Twelve feet of additional right-<Jf-way for Hoyt Road S.W. shall be dedicated
along the western property boundary, allowing for 42 feet of right-of-way from
the control centerline.
17.
Hoyt Road improvements shall include a Class 2 Bicycle facility.
18.
Planter islands within cul-de-sacs shall be landscaped to the approval of the City
of Federal Way. The planter islands shall also be permanently maintained by the
abutting lot owners. This shall be stated on the face of the final plat.
19.
The applicant shall comply with Federal Way Titles 16 and 22 by providing for
1.1 acres of usable open space or pay to the City of Federal Way Parks
Department a fee-in-lieu of reservation or dedication for usable open space and
parks in the amount of $22,185.00.
Any fencing constructed along any street shall include a landscaped area placed
along the perimeter of each fence. This shall be placed on the face of the plat
prior to final plat recording. Adjacent property owners shall be responsible for
the continued maintenance of subject landscaping.
At the time of recording of the [mal plat, any open space areas, including any
areas designated as a NGPE shall be dedicated as separate tracts. In order to
provide for its ownership and continued maintenance, said tracts shall be either
dedicated to the City of Federal Way or to a Homeowners Association or other
workable organization. The determination as to ownership shall be made by the
City of Federal Way prior to recording of the final plat.
If a Homeowners Association is formed, the Declaration of Protective Covenants,
Conditions, and Restrictions shall be reviewed by the City of Federal Way to
ensure that adequate provisions are made for ownership and maintenance of
common areas.
Easements shall be provided for all utilities not located within public right of
way. The width of the easements for the individual utilities shall be approved by
the respective utility provider. These easements shall be clearly labelled on the
face of the final plat.
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24.
A 10 foot utility easement shall be provided along the front 10 feet of all lots and
tracts adjacent to the proposed streets.
The following statement shall be noted on the face of the final plat:
"Easement Reservations
An easement is hereby reserved for and granted to any public utility and their
respective successors and assigns, under and upon the front ten feet parallel with
and adjoining the street frontage of alllòts and tracts in which to install, lay,
construct, renew, operate and maintain underground pipe, conduit, cables and
wires with necessary facilities and other equipment for the purpose of serving this
subdivision and other property with utility service, together with the right to enter
upon the lots at all times for the purposes herein stated. These easements entered
upon for these purposes shall be restored as near as possible to their original
condition. No utility lines shall be placed or permitted to be placed upon any lot
unless the same shall be underground or in conduit attached to a building. II
25.
The following has been established by SEPA as a necessary requirement of this
development as mitigation. The applicants shall demonstrate compliance with
these items prior to fmal plat approval:
Construction work related to clearing, filling, or grading shall be limited
to April 1 to September 30, inclusive. Select clearing, filling, or grading
activities may be allowed outside of this time period on a weekly basis,
provided written approval is granted each week by BALD for specific
activity.
NOTES: Measures to mitigate the following identified impacts will be
determined by the Hearing Examiner and placed on the proposal under the
authority of King County codes and ordinances at the time of the
Subdivision public hearing. Erosion and Sedimentation (KCC 9.08),
Drainage (KCC 9.08), Surface Water Run-off (KCC 9.04), Sensitive
Areas (KCC 21.54), Road Adequacy (KCC 21.49), Road Construction
(Ord. #8041).
Note: Due to incorporation, any statements referencing submittals to, and review
by King County BALD, shall instead be submitted to, and reviewed by
Federal Way.
HIGH POINT PARK ill
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PAGE 14
26.
27.
28.
29.
30.
The applicant shall participate with the City in developing and financing school
bus crosswalks in the area. The exact location of these crosswalks shall be
determined by the City of Federal Way and the Federal Way School District.
The applicant shall demonstrate compliance with 1Gng County Slope-Density
Ratio Residential Density Guidelines for Sloping Ground.
The applicant shall demonstrate compliance with Administrative Guidelines
Building Setbacks From Hazardous Slopes On P1ats and Short Plats.
A geotechnicaJ/soils report shall be submitted along with each building permit
application for any lots containing slopes in excess of 20 %. This condition shall
be placed on the face of the plat prior to flI1al plat recording.
The easterly terminus of S.W. 331st Place shall provide a temporary turnaround
in conformance with the design criteria in the 1987 1Gng County Road Standards.
Dated this 20th day of May, 1992.
VI. RIGHTS TO RECONSIDERATION A]l.1) CHALLENGE
Any person who has a right to challenge a recommendation under the Federal Way Zoning Code
may request the Hearing Examiner to reconsider any aspect of his or her recommendation 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 recommendation. The person
requesting the reconsideration shall specify in the request what aspect of the recommendation
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 recommendation will be reconsidered. The
Hearing Examiner may reconsider the recommendation 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 recommendation of the Hearing Examiner
ffiGH POINT PARK ill
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PAGE 15
may be chalIenged by any person who is to receive a copy of that recommendation pursuant to
FWZC 155.60.6. That challenge, in the form of a letter of challenge, must be delivered to the
Planning Department within fourteen (14) calendar days after the issuance of the Hearing
Examiner's recommendation or, if a request for reconsideration is fùed, then within fourteen
(14) calendar days of either the decision of the Hearing Examiner denying the request for
reconsideration or the reconsidered recommendation. The letter of challenge must contain a
clear reference to the matter being challenged and a statement of the specific factual findings and
conclusions of the Hearing Examiner disputed by the person filing the challenge. The person
filing the challenge 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 recommendation
of the Hearing Examiner may be challenged whether or not there was a request to reconsider
the Hearing Examiner's recommendation.