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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. HIGH POINT PARK ill FILE #ILA-90-0014-SUB; FWHE #92-3 PAGE 13 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 FILE #ILA-90-0014-SUB; F\VHE #92-3 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 FILE #ILA-90-0014-SUB; FWHE #92-3 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.