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Res 92-093 RESOLUTION NO. 92-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF PARKWOOD CAMPUS, KING COUNTY BUILDING AND LAND DEVELOPMENT FILE NO. 1289-24 (FEDERAL WAY FILE NO. ILA-90-0002-SUB). WHEREAS, applicant had ap ;llied 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 December 10, 1991, concerning the preliminary plat of Parkwood campus; and WHEREAS, at the conclusion of said hearing the Federal Way Land Use Hearing Examiner issued its Findings, Conclusions, conditions, Recommendations and Decision on December 31, 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 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, COpy 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 December 31, 1991, following a hearing held on December 10,1991, which included a recommendation to approve the preliminary plat of Parkwood Campus subject to certain conditions, are hereby adopted as the Findings, Conclusions and conditions of the city Council, with the following additional finding: The current site distance for the inner section of South 308th Street/2nd Avenue is problematic at the existing use level. Increased traffic of any degree as a result of the proposed plat application would intensify site distance problems for this intersection. 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 and as supplemented herein, the preliminary plat of Parkwood Campus, Building and Land Development File No. 1289-24 (Federal Way File No. ILA-90-0002-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 December 31, 1991, attached hereto as Exhibit A and incorporated by reference, and as amended as follows: 1. The Hearing Examiner's Condition 8.h. as contained in the Report of Hearing Examiner attached in Exhibit A hereto is deleted and is replaced as follows: - 2 - 8.h. A down stream drainage analysis shall be included with the drainage plan. This analysis shall extend to the west end of the drainage system crossing under 1st Avenue South in the vicinity of the offices of Federal Way Water and Sewer. This analysis must address any existing problems with flooding, capacity, over-topping, scouring, sloughing, erosion, or sediment of any drainage facility, whether natural or manmade. Probable impacts due to construction of the project must also be addressed with respect to these same concerns. Where this analysis reveals a more restrictive situation, more stringent drainage controls than would otherwise be necessary for a project of this type may be required. These controls may include additional on-site rate and/or volume controls, off-si te improvements, or a combination of both. Any off-site improvements will require their 2. approval of all affected property owners. An additional Condition 35 is imposed as a requirement of approval of the plat as follows: Prior to final Plat approval the proponent shall construct modifications to South 308th Street grade to provide appropriate entering site distance for the intersection at 2nd Avenue South as approved by the Public Works Director. If the Director of Public Works concludes that such roadway modifications cannot be reasonably constructed, the proponent shall perform special traffic studies and install such signing that the Director of Public Works determines will effectively warn - 3 - and/or control traffic at this intersection including, but not limited to, the signage imposed in Condition 28. 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 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 February, 1992. CITY OF FEDERAL WAY ~CZ,~ MAYOR, ROBERT STEAD - 4 - APP] " '. A-- ACTING CITY TO FORM: ATTORNEY, CAROLYN A. LAKE FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 92-93 LA\EP\RES\92-18.PKW EY, CMC January 29, 1992 February 4, 1992 - 5 - EXHIBIT A Office of the Hearit;Lg Examiner of the City of Federal Way In Re the Application of Westmark Investment Corporation ) ) ) ) ) ) ) ) FILE #ILA-90-0002 FWHE #91-16 For Preliminary Plat Approval of that tract of land !mown as Park"ood Campus RECO1ß1L'\"DATION ON PRELIMINARY PLAT APPLICATION r. BACKGROw,'D A1\'D SUMMARY OF APPLICATION The application for preliminary plat approval of Packwood Campus was originally fùed with King County in April 1979. At that time a 52-lot subdivision was approved by King County (King County BALD File #279-30), but the preliminary approval lapsed in 1982. In February 1984, a 54~lot subdivision similar to the first subdivision was approved. Although the road and drainage plans were approved and the road corridors cleared and roughed in, the preliminary approval lapsed in 1987 before the plat was completed. The most recent application for preliminary plat approval of Packwood Campus was filed with King County on December 30, 1988 for 70 lots. On July 4, 19-89, an appeal of the SEPA determination was filed with the King County Building and Land Development Division (BALD). The appeal expressed concerns about the impact of the project and the cumulative impact of developments in the neighborhood on schools and traffic. On February 16, 1990, the King County Deputy Zoning and Subdivision Examiner issued a decision on the SEP A appeal in which he upheld the mitigated determination of non-significance issuect by King County. During the SEPA review process the applicant revised the plans to a 54-lot subdivision. It has since been revised to a S1-Jot subdivision. On February 28, 1990, the City of Federal Way was incorporated. The subject property was included within the limits of the City of Federal Way. An interlocal agreement between Federal Way and King County allows the City to make decisions on the permit application. Although the City is responsible for a decision on the preliminary plat application for Packwood Campus, the application is reviewed pursuant to King County regulations in effect at the time of preliminary plat application (December 1988). Review of the application, however, was conducted in accordance with the regulations of the City of Federal Way. A hearing on the application request was held on December 10, 1991. II. PROCEDURAL TNFORMA TION Hearing Date: Decision Date: December lO, 1991 December 31, 1991 At the hearing the following presented testimony and evidence: 1.) 2.) 3.) Stephen Clifton, Senior Planner, City of Federal Way 33530 - lst Way South, Federal Way, WA 98003 Ron Garrow, Senior Engineer, City of Federal Way 33530 - 1st Way South, Federal Way, W A 98003 Tim Miller, Traffic Engineer, City of Federal Way 33530 - lst Way South, Federal Way, W A 98003 4.) Tom Touma, Project Engineer 15668 West Valley Highway, Seattle, W A 98188 5.) Ron Brekke 30812 - 2nd Avenue South, Federal Way, WA 98003 6.) Della Giesler 140 South 312th Street, Federal Way, WA 98003 7.) Lee Thayer 507 South 309th Court, Federal Way, W A - 98003 At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1.) Staff Report A.) Preliminary Plat Plan (Reduced) B.) Vicinity Map C.) Application for Preliminary Approval D.) Mitigated Determination of Non-significance (7/4/89) E.) Preliminary Plat on which the Mitigated Determination of Non- significance was issued. Letter of Appeal (7/19/89) Hearing Examiner's Decision on SEPA appeal (2/16/90) King County Transmittal List Correspondence from Department of Transportation (7/3/89) Correspondence from King County Community Planning Section (4/18/89 and 2/14/90) F.) G.) H.) 1.) J.) P ARKWOOD CAMPUS FILE #ILA-90-0002j FWHE #91-16 PAGE 3 K.) L) M.) N.) CoITespondence from King County Conservation District (4/6/89) CoITespondence from Federal Way Public Schools (7/12/89 and 8/24/89) CoITespondence from Washington Natural Gas (1/29/90) CoITespondence from Seattle-King County Department of Public Health Services (9/6/88) 0.) CoITespondence from King County Traffic and Planning (4/20/89 and 6/23/89) CoITespondence from King County Techrùcal Services (1/16/90 and 2/11/90) Q.) CoITespondence from King County Fire District #39 (6/29/89 and 12/31/89) R.) King County BALD Site Development Review Unit (5/24/89) S.) Federal Way Development Review CoITespondence from King County Fire District #39 (9/10/91) T.) Federal Way Development Review CoITespondence from Federal Way Building Department (9/11/91). D.) Soil Classifications and Approximate Boundaries. Y.) Map depicting existing drainage pattern. W.) CoITespondence Federal Way Wetlands Specialist (7/18/91). X.) King County Slope Density Ratio Guidelines Y.) CoITespondence from Federal Way Public Schools (9/3/91). Z.) CoITespondence from Federal Way Public Schools (11/15/90). AA.) Map depicting nearby school bus stop locations. AB.) Federal Way Development Review CoITespondence from Federal Way Parks Department (8/30/91). AC.) Map depicting Lake Grove Park location. AD.) Certificate of Water Availability (8/4/88). AE.) Federal Way Development Review CoITespondence from Federal Way Water and Sewer (9/12/91). AF.) Certificate of Sewer Availability (8/4/88). AG.) King County Motion 5952. Letter submitted to Hearing Examiner by Lisbet Sell (12/20/91). P.) 2.) ill. FTh'DINGS 1. The applicant requested approval of a preliminary plat for the subdivision of 12.72 acres into 51 single-family lots on property located generally between 1st Avenue South and 5th Way South, and between South 308th Street and South 31Oth Street, if both roads were extended. The property is in the City of Federal Way, Washington. PARKWOOD CAMPUS FILE #ILA-90-0002; FWHE #91-16 PAGE 4 2. 3. Although the subject property is in the City of Federal Way, at the time of application it was part of unincorporated King County. The property was part of the area that was incorporated at the time of incorporation of the City. The City of Federal Way and King County entered into an interJocal agreement on March 13, 1990. Pursuant to the terms of the interlocal agreement the City assumed responsibility for processing applications for preliminary plats contained on the .. A List", a part of the agreement. The review development criteria for these applications were the King County regulations in effect at the time of the preliminary plat application. Accordingly, the subject property has been processed by the Federal Way Planning Department and reviewed by the Hearing Examiner of the City of Federal Way pursuant to the regulations of King County. 4. The subject property consists of l2.72 acres. At the time of application, December 30, 1988, the property had a King County zoning designation of RS7200. 5. There have been two prior subdivision approvals made for the subject property. In April 1979, a 52-lot subdivision was approved by the County, but the approval lapsed in 1982. In February 1984, a 5Hot subdivision similar to the original proposed subdivision was approved by King County. Although the road and drainage plans for the 1984 approved subdivision were cleared and roughed in, the actual development of the plat did- not occur, and approval lapsed in 1987. On December 30, 1988, the applicant requested approval of 70 lots. This proposal was reduced ~o 54 lots during the SEP A review and was later revised to include 51 lots. - 6. Pursuant to the State Environmental Policy Act, King County was designated as the lead agency. On July 4, 1989, King County issued a Mitigated Determination of Non- Significance (MDNS). During the MDNS process the number of lots was eventually reduced from 70 to the proposed 51. An appeal of the MDNS was fùed, and on February 16, 1990, the King County Hearing Examiner's Office upheld the threshold decision of the County. 7. Pursuant to the MDNS, the applicant submitted the revised preliminary plat. A reduced copy of the preliminary plat is attached hereto, and by this reference is hereby incorporated as part of these findings. (Exhibit lA) 8. As depicted on the preliminary plat access to the proposed subdivision is via 1st Avenue South and 2nd Avenue South for the western half of the site, and via 5th Way South for the eastern portion of the site. PARKWOOD CAMPUS FILE #ILA-90-0002; FWHE #91-16 PAGE 5 12. 13. 14. 15. 9. Contained within the site is a wetland that is located in the central portion of the site, and which effectively divides the property into west and east sections of the plat. Proposed Lots 1 through 26 are located in the eastern section of the site, while proposed Lots 27 through 51 are located on the western section of the site. The wetlands are identified on the preliminary plat map as being located within the site at a point that is identified as the Teabos depression. 10. Lot averaging is allowed pursuant to King County Code Section (KCC 21.08.080), and the applicant has implemented this feature into the proposed plat. Lots within the proposed subdivision range from 6,099 square feet to 9,865 square feet. The average lot size of the lots within the preliminary plat is 7,731. 64 square feet. The minimum lot size allowed in a RSnOO is 7200 square feet. The applicant's proposal satisfies the lot size requirements for the County. 11. The total square footage of all lots in the proposed subdivision is 394,314 square feet. This figure has been divided by 51 (number of lots), and has resulted in an average lot size of 7,731.64 square feet. Although the average of all the lots exceeds the 7,200 square foot minimum, some lots will be below the 7,200 square foot minimum. The largest lot on site will be Lot 44 (around 9,865 square feet), while the smallest lot will be Lot 38 (which is 6,099 square feet). Sewer and water services are proposed to be provided by the Federal Way Water and Sewer District. Fire service will be provided by. King County. The subject property slopes from the northwest and southwest, and from the southeast corner toward the middle of the property, the Teabos depression. The western portion of the site has a lesser slope to the southwest. The depression is the lowest area of the site and is the natural drainage of the site. The Teabos depression is classified as a regional retention pond. A 100-year flood plan for the depression has been established. The flood plan was established in conjunction with construction of an l8-inch culvert under 312th Street. The culvert restricts and controls drainage from the site. The natural drainage of the site is toward the central.low section of the depressed area. Through previous grading and filling much of the site has been filled and culverted to create a storm drainage system through the depression. The depression is part of a larger detention/retention system which extends to properties at South 3l2th Street. This system was designed to allow drainage of these properties through the depression as part of the storm drainage system. PARKWOOD CAMPUS FILE #ILA-90-0002; FWHE #91-16 PAGE 6 16. 17. 18. A more detailed discussion of the drainage system was presented in the drainage report prepared by Touma Engineers. The Touma report was accepted by the City as accurate. Prior to the fùling of a portion of the depression, and prior to the establishment of new culverts under South 312th Street, there was extensive flooding in the area. In order to alleviate this problem, a portion of the drainage culvert was graded and flattened, and the culvert was increased to accommodate storm water from the subdivision and from the properties to the south. The City submitted that although flooding on site has been resolved, there are some drainage problems that continue to exist downstream that must eventually be resolved. The City, however, has not received complaints of flooding in the area since the time of incorporation. The King County Zoning Code (KCC) 21.52.170 requires protection of wetlands during development of subdivisions. Included in the requirements of the ordinance are provisions for a 25-foot buffer around a Class ill Wetland and an additional IS-foot building setback beyond the buffers. On site is an area that used to be a wetland. However, because of the grading disturbance during development of the second approved plat, the wetland was destroyed. There is also a smaller wetland south of the westernmost half of the site. 19. A wetlands biologist employed by the City of Federal Way determined that the wetland boundaries of the Teabos depressions are extremely difficult to ascertain because of the prior disturbance. She indicated that since it had been graded the Teabos depression does not exhibit wetland characteristics, .but does have -the potential to do so. ill order to protect wetlands on site, the biologist recommended that there be a wooden fence constructed along the southern property boundary of the wetland to restrict the use of the wetland from being a recreation area. She also recommended that the applicant be required to re-vegetate the Teabos depression with native species in order to enhance downstream water quality, and to mitigate buffer encroachment. Specific instructions were given with regard to the type of planting and the location of the plantings. Further, the wetlands biologist recommended that a l5-foot building setback line from the Teabos depression be designated on all lots adjacent to the depression. These lots and Lots 28, 29, and 30, would be subject to a IS-foot setback line. The City accepted these comments and included them in the recommendations for approval. 20. A wetland, mitigation and enhancement plan is required by the City to reestablish the Teabos wetland and to establish the exact setbacks as mentioned in the previous fmding. The applicant has agreed to provide said plan. The applicant has also agreed to plant wetland vegetation within the preexisting wetland boundaries, and create a 25-foot buffer area. PARKWOOD CAMPUS FILE #ILA-90-0002j FWHE #91-16 PAGE 7 21. 22. 23. 24. 25. 26. Within the internal street plan of the site, South 309th Street is proposed to be located within the 25-foot buffer of the smaller wetland located just south of the western half of the site. This road alignment was established by the Federal Way Public Works Department in order to align the road with a future road to be developed west of 1st Avenue South. In order to mitigate the impacts of the encroachment of South 309th Street, the City recommended that Lot 6, which is adjacent to South 309th Street, be reduced to 7200 square feet. The triangle between South 309th Street and the west edge of Lot 36 is proposed to be planted with needed vegetation acceptable to the wetland specialist and not be developed. The City adopted these development standards as part of a recommended condition of approval. On site is mixed vegetation which includes second and third growth mixtures of coniferous and broadleaf trees that are native to the Pacific Northwest. There are also Douglas Fir and other trees on site. In addition, berries, grasses, ground cover, ferns, and other types of vegetation are present. The property is located in the Mirror Lake Urban Neighborhood, and, as noted in earlier findings, urban utilities and services are available. The surrounding properties are developed: to the north and east the properties are either platted or developed with single-family residences or lots; south of the subject property are parcels that are one to two acres; there is higher density on the other side of 1st Avenue South with development of apartments and medical clinics. King County road stai1.dards require sidewalks on -only one side of each roadway for minor access streets or sub-access streets. The applicant, however, has agreed to construct sidewalks on both sides of the streets. This design will enhance the pedestrian circulation system within the site and in the area. In the westerly portion of the subject property, 2nd Avenue South will be extended from the north and will ultimately connect to 1st Avenue South via proposed South 309th Street. These streets will form a loop system through the westerly half of the sub- division. There will be a cul-de-sac at the proposed 1st Place South. This road circulation proposal will allow traffic circulation that will not be disruptive to other areas in the vicinity. All streets within the area will be adequate to handle increased traffic to be generated from the site. The tqffic circulation for the eastern portion of the subdivision will consist of two cul- de-sacs. The [lISt will extend from 5th Way South. There will also be a cul-de-sac extended from proposed 9th Place South to the south edge. These two cul-de-sacs, PARKWOOD CAMPUS ~E #ILA-90-0002j FWHE #91-16 PAGE 8 27. 28. 29. 30. although not forming a street grid system, will ensure a circulation system that will adequately meet the needs of the proposed development, while providing potential inter- neighborhood circulation with future developments to the south. King County road improvement standards require full street improvements with no half- streets. The roads within the proposed subdivision in the vicinity that will be required to be developed to full street improvements will be South 309th Place on the east half (only the east half of the site), 3rd Place South, South 309th Street, 2nd Avenue South, and 1st Place South. South 309th Place is considered the sub-access street. King County road standards require only 22 feet of paving. Third Place South and 1st Place South are minor access streets and King County road standards require 24 feet of paving. The applicant has chosen to construct all roads to 28 feet in width, despite the fact that some roads are sub- access and some are minor access. The proposed development will generate approximately 510 vehicular trips per day at full build out. The City projected that 260 of these trips will be via 5th Way South, and the remaining 250 will be distributed via 1st Avenue South and 2nd Avenue South. All of these streets are able to handle the increased traffic. The residences of the proposed subdivision will be served by the Lake Grove Elementary School, Lakota Junior High School, and the Federal Way Senior High School. At the time of application of the proposed subdivision there were no specific regulations, plans, statutes nor ordinances that required review of the imposition of school impact mitigation measures resulting from this proposal. King County did not have ordinances which established procedures for the assessment or regulation of school impacts. At the time of application the Washington State Growth Management Act had not been enacted, and therefore the provisions of that act relating to school impacts are not applicable. In addition, a school impact mitigation plan has not yet been adopted by the City of Federal Way. Thus, any impacts to schools cannot be addressed with use of mitigating conditions for development. 31. The school district submitted that in 1989 Lakota Junior High School and Federal Way High School had adequate space for additional students, but Lake Grove Elementary School was reaching its capacity. The school district, however, did not indicate that the schools could not accommodate the increased number of students to be generated from the development of the site. PARKWOOD CAMPUS FILE #ILA-90-0002j FWHE #91-16 PAGE 9 32. 33. 34. 35. 36. 37. The Federal Way Parks Department indicated that the proposed development will tax an already deficient park system, but payment in lieu of open space would be acceptable if land is available in close proximity to the subject property. Although the City of Federal Way encouraged the applicant to provide on-site recreational space, the applicant indicated that he would pay a fee in lieu of open space, pursuant to the provisions of KCC 19.03.8. As part of the storm drainage system, collection of storm water from the additional run off from impervious roadways, roof tops, and driveway surfaces of the proposed subdivision will occur. This run off will go into a system that is designed to include on- site detention facilities, oil/water separators and a biofùtration swale. The biofùtration swale will be in the central area of the site, and in the Class III Wetland south of the west side of this site. Conditions have been recommended to be imposed as part of the approval that will address the storm drainage on site. The Teabos depression is currently fed by water run-off from areas around the wetlands. In order to maintain rainfall contributions to the wetlands, the lots abutting the Native Growth Protection Easement in the area will be graded in a manner that will enable flow directly to the wetlands. However, run-off from other lots will be directed to the infùtration systems for ground water recharge where feasible. Under the King County Comprehensive Plan which was in effect on December 30, 1988, the subject property is designated as urban. The proposed subdivision is not in conflict with the policies of this designation. The Planning Department of the City of Federal Way recommended approval of the preliminary plat subject to conditions as set forth in the staff report. Public testimony was received at the hearing. A summary of the testimony is as follows: Ron Brekke: The witness submitted that he had talked with the City of Federal Way with regard to traffic. He indicated that he had informed the City that the point on South 308th off 2nd Avenue is a dangerous area, and that the City should not only make it a right turn only, but should require a speed bump on South 308th between 1st Place South and 2nd Place South. The witness also testified that after the 18-inch culvert had been placed on site, flooding in the area had been eliminated, but that the drain control distribution system is not currently in use. The witness also contended that Lot 32 has been vandalized and there may an issue of control and police protection in the area. PARKWOOD CAMPUS FILE #ILA-90-0002; FWHE #91-16 PAGE 10 1. The witness was also concerned about the paved width of 2nd Avenue South being consistent. In particular he contended that the right-of-way width for 2nd Avenue South, south of South 308th Street will differ from 2nd Avenue South north of South 308th Street. He indicated that this could create difficulties in the future. Della Giesler: The witness submitted that the applicant should be requiTed to place a fence around the proposed subdivision. Lee Thayer: The witness submitted that the intersection of 5th Way South and South 312th Street is a busy intersection, and the proposed development could have impacts on the traffic in the area. He submitted that the retaining wall at that intersection effectively blocks views, creating a dangerous situation. The witness's testimony was referred to the City of Federal Way Public Works Department. :IV. CONCLUSIONS 2. The application is for the approval of a preliminary plat for the proposed subdivision of 12.72 acres of land into 51 single-family lots, on property located generally betWeen 1st Avenue South and 5th Way South, and generally betWeen South 308th Street and South 31Oth Street, if both roads were extended, Federal Way, Washington. The subject property is located within the CitY of Federal Way, but the proposed subdivision is reviewed pursuant to the provisions of the development standards of King County. 3. The subject property is on the "A List", which is a part of the interlocal agreement entered into by the City of Federal Way and King County on March l3, 1990. Pursuant to this agreement, the application was reviewed by the City of Federal Way pursuant to the King County Zoning Standards. 4. The Hearing Examiner of the City of Federal Way has jurisdictional authority to hold the hearing and to review the proposal and make a decision. The authority is granted to him in the King County/City of Federal Way interlocal agreement, and the provisions of the Federal Way Zoning Code (FWZC) Chapter l55. 5. The proposed preliminary plat has been reviewed pursuant to the King County zoning and development standards. The proposal satisfies the development standards for RSnOO zoned property. PARKWOOD CAMPUS FILE #ILA-90-0002; FWHE #91-16 PAGE 11 6. Lot averaging is allowed for development of RS7200 zoned properties. The lots within the proposed subdivision have been averaged and are consistent with the King County Zoning Code. 7. The proposal is consistent with the comprehensive plan of King County. 8. The City of Federal Way Planning Department reviewed all of the applicable zoning standards and all of the applicable development standards of King County. The Planning Department has indicated that the proposal, with conditions, is consistent with these standards. 9. Any environmental impacts that are the result of the proposed development will be mitigated pursuant to the conditions of the Mitigated Determination of Non-Significance (MDNS) that was issued in this matter. v. RECOMMENDATION TO CITY COUNCIL Based upon the preceding findings of facts and conclusions, the testimony and evidence submitted at the public hearing, and upon the impressions of the hearing examiner at a site view, it. is hereby recommended to the Federal Way City Council that the requested preliminary plat for a 51 lot subdivision on property located generally between 1st Avenue South and 5th Way South, and between South 308th Street and South 31Oth Street, if both roads were extended, be granted. The preliminary plat should be granted subj~t to the following conditions: 2. 1. The plat shall comply with all platting provisions of Title 19 of the King County Code (King County Subdivision Ordinance). All persons having an ownership interest in the subject property shall sign on the face of the flllal plat a dedication which includes the language set forth in King County Council Motion No. 5952 (Exhibit AG) except as modified for the City of Federal Way. 3. The area and dimensions of all lots shall meet the minimum requirements of the SR7200 zone classification. Compliance with the conditions of preliminary plat 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 rue flow standards. PARKWOOD CAMPUS FILE #ILA-90-0002; FWHE #91-16 PAGE 12 5. A Developer Extension Agreement for the water system must be entered into between the applicant and the Federal Way Water and Sewer District. Part of the design of the water system may require looping of the new system to existing mainlines to provide circulation and maintenance enhancements in accordance with the requirements of the Federal Way Water and Sewer District. 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 edge of the property where property can be served. 6. Two wetlands have been identified on or near the site. A pre--existing wetland identified as the "Teabos" depression (Class III) exists in the central area of the site and an uninventoried wetland (Class III) exists south of the west side of the site. The following conditions shall be satisfied with respect to these wetlands: 7. a. The wetlands shall be located relative to the boundaries of the plat by a field survey. The inventoried wetland with an associated 25-foot buffer and the uninventoried wetland with an associated 25-foot buffer shall be designated Native Growth Protection Easements (NGPE). The 25-foot setback shall be established along the edge of the Class 3 wetland as identified in the Teffil Associates, Site Evaluation Addendum (May 22, 1991), and as depicted on the revised preliminary plat plan (Exhibit A) of the preliminary staff report. . b. The NGPE's shall be located within separate tracts and shown on the approved engineering plans and final plat. c. An additionall5-foot Building Setback Line (BSBL) from the rear of all lots (measured inward) abutting a wetland area shall be established and shown on the approved engineering plans and recorded final plat. d. The enhancement plan shall include fmal grades and hydrology including a detailed planting plan showing plant species, sizes and locations, and a construction sequence. e. The plan shall mitigate the potential impact of the human intrusion into the wetland by providing permanent fencing along the rear lots adjoining the wetland buffer area (Refer to Condition #10). PARKWOOD CAMPUS FILE #ILA-90-0002j FWHE #91-16 PAGE 13 f. 8. This plan shall be prepared by a biologist specializing in wetland enhancement. The plan shall be subject to the review and approval of the City of Federal Way's wetland biologist. All enhancement operations within the wetland buffer shall be done by hand. The final plan shall note the name, address, and phone number of the biologist retained to monitor the implementation of the enhancement plan. g. The biologist retained to monitor the implementation of the enhancement plan shall conduct a three year monitoring program. The site will be evaluated at least twice a year to assess the survival and growth of the planted vegetation. An annual report will be prepared and submitted to the City of Federal Way Department of Community Development for review and approval. h. The applicant shall post a wetland enhancement performance bond in an amount to cover the cost of planting, and construction management and monitoring by the consulting biologist. Upon approval of the final monitoring report or when the enhancement plan is deemed successful, whichever is later, the City of Federal Way shall release the bond. i. The final engineering plans for the improvements to the site shall ensure that the hydraulic function of the proposed on-site wetland is not altered. The reestablished wetland shall be allowed to be utilized as a Retention/Detention facility. To insure that citizens understand the importance of an NGPE area, interpretive signs shall be posted along the edge of the NGPE area (S. 309th Street and the emergency/pedestrian access way). Signs shall comply with Federal Way code 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. " Final plat approval shall require full compliance with drainage provisions set forth in King County Code 9.04 and storm drainage requirements and guidelines as established by King County Surface Water Management in effect at the time of preliminary plat application. 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: j. PARKWOOD CAMPUS FILE #ILA-90-0002; FWHE #91-16 PAGE 14 a. b. Federal Way Public Works Department approval of the drainage and roadway plans is required prior to any construction. A separate Erosion and Sediment Control (ESe) plan for this project shall be submitted with the drainage and roadway plans. The plan 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 Erosion and Sediment Control plan shall also incorporate the "Essential Recommendations" of the April 6, 1989 letter from the King County Conservation District to Jim Sanders, King County BALD (Exhibit K). Due to erosion hazard and the presence of wetlands on-site, clearing shall be limited 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 between lots and 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 meeting the requirements of Condition #10 shall be constructed. c. RetentionJdetention (RlD) facilities shall be located in separate tracts, unless located within improved City of Federal Way rights-of-way. Access for maintenance shall be provided to all facilities. This will require a IS-foot access roadway to all manholes (RlD). The design of these facilities shall conform to Chapter 9.04 of the King County Code. The design frequency storm event shall be 25-year with runoff from the site restricted to no more than the pre-developed runoff rate for a 5-year storm event, as based on the requirements of the May 1979 King County Storm Drainage Control Requirements and Guidelines. d. Prior to recording of the final plat, those portions of the storm drainage facilities necessary to control and treat the flows discharging from the site shall be constructed and operational. PARKWOOD CAMPUS FILE #ILA-90-0002; FWHE #91-16 PAGE 15 e. Oil/water separation facilitie ~ provided at each point of permanent storm drainage release from ~ prevent contaminants from entering the natural drainage features. In addition to oil/water separators, the applicant is required to provide biofiltration prior to discharge of stormwater into any sensitive area (e.g. streams, wetlands, lakes, etc.). Such biof1ltration includes 200 feet of broad, flat-bottom, grass-lined swales or equivalent, the design of which shall be in conformance with generally accepted practices. 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: 2) g. 1) Each outlet shall be suitably located at the lowest elevation on the lot, so as to service all future roof downspouts and footing drains, driveways, yard drains, and any other surface or subsurface drains necessary to render the lots suitable for their intended use. Each outlet shall have free-flowing, positive drainage to an approved storm water conveyance system or to an approved outfall location. Outlets on each lot shall be located with a five-foot-high, 2 .x4. 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 acceptable 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 infútration systems may be accepted for retention for the lots depending on soil conditions. To determine the suitability of the soil for infiltration systems, a soils report that includes percolation tests and a soil log taken at 6-foot minimum depth shall be submitted by P ARKWOOD CAMPUS FILE #ILA-90-0002; FWHE #91-16 PAGE 16 h. ~. Q.o(,¡,(l~1 . ~'::'ot\,J-iDï1. tb~q3 .W 61A þ<; -hi-l'l-\e d yVo-r-oI..-i YlOj . "J-J;.!JCf2-. i. j. a professional engineer, or soil specialist. This 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 plan and the final plat map shall indicate each lot approved for infiltration. ownstream drainage analysis shall be included with the drainage plan. This sis must extend for a minimum distance of 1/4 mile from the point of reI of each flow discharging from the site. The analysis must address any exis roblems with flooding, capacity, overtopping, scouring, sloughing, ero . or sedimentation of any drainage facility, whether natural or man-made. obable impacts due to construction of the project must also be addressed espect to these same concerns. Where this analysis reveals a more restric' situation, more stringent drainage controls than would otherwise be n for a project of this type may be required. These controls may include addi on-site rate and/or volume controls, off-site improvements, or a combinall f both. Any off-site improvements will require the approval of all ~ property owners. Current standard notes and Erosiòn Sedimentary 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 #_' This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the [mal building inspection approval. For those lots that are designated for individual lot infùtration systems, the systems shall be constructed prior to certificate of occupancy and shall comply with plans on file." P ARKWOOD CAMPUS FILE #ILA-90-0002; FWHE #91-16 PAGE 17 k. In order to maintain rainfall contributions to the wetlands, lots abutting the NGPE shall be graded in such a way as to enable runoff from landscaped yards to flow directly to the wetlands. 9. The following statement shall be shown on the approved engineering plans and recorded [mal plat: "Building Setbacks and Native Growth Protection Easements Structures, fill and obstructions (including, but not limited to decks, patios, outbuildings, or overhangs beyond 18 inches) are prohibited within the building setback line (BSBL) and restricted floodplains (if applicable), and within the Native Growth Protection Easement(s) as shown. Dedication of a Native Growth Protection Easement (NGPE) conveys to the public a beneficial interest in the land within the easement. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, 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, cover~ by fill, removed or damaged without express permission from the City of Federal Way, which pennission must be obtained in writing from the City of Federal Way Department of Community Development or its su=ssor 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. " 10. A minimum five foot tall fence must be installed on the edge of lots abutting a wetland buffer/NGPE area or along any storm drainage easement line 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. Fencing, may be PARKWOOD CAMPUS FILE #ILA-90-0002; FWHE #91-16 PAGE 18 required along each side of the 20-foot wide emergency vehicle/pedestrian access for security purposes depending on topography, shall be see through. Exact design requirements acceptable to the Director of Public Works shall be determined during engineering plan review. ll. All roads shall be improved with vertical curb, gutter, and sidewalks (both sides). a. b. All right-of-ways for roads, and sidewalks shall be dedicated to the public upon recording of the fmal plat. 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 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). All roads will be constructed to full street improvements (no half-streets). The following lists the classification of each: 12. 13. 14. 15. a. b. c. d. S. 309th Place (east half of site) -' Subaccess 3rd Place S. - Minor Access S. 309th Street/2nd Avenue S. - Subaccess 1st Place S. - Minor Access Note: The pavement width of subject streets shall be 28 feet as proposed by the applicant. There shall be no direct vehicular access to or from 1st Avenue South from those lots which abut it. First Avenue South shall be improved to urban minor arterial standards with curb, gutter, sidewalk and street lighting where it abuts subject site. Twelve feet of additional right-of-way for 1st Avenue South shall be dedicated along the west property line, allowing for 42 feet of right-of-way from centerline. P ARKWOOD CAMPUS Fll-E #ILA-90-0002; FWHE #91-16 PAGE 19 16. 17. 18. 19. 20. 21. 22. 23. 5th Way South from proposed South 309th Place to South 312th Street shall be improved to full-width Urban Subcollector standards including pertinent drainage collection, conveyance, and detention facilities, curb, gutter, sidewalk and paving. A twenty (20) foot wide easement shall connect proposed S. 309th Place and 2nd Avenue South. A 20 foot wide all weather surface (asphalt) shall be located within the tract to provide for a pedestrian/emergency vehicle access way (see also Condition #21). The applicant shall work with King County Fire District #39 on the design to install removable barriers at each end of the access way. A planter island shall be provided within the "eyebrow" serving lots 30-34. Planter islands within any cul-de-sacs shall be maintained by the abutting lot owners. This shall be stated on the face of the final plat. Any fencing constructed along any street shall include a landscaped area placed along the perimeter of each fence (between curb and fence), with irrigation, street trees, shrubs and groundcover. Adjacent property owners shall be responsible for the continued maintenance of subject landscaping. This shall be placed on the face of the plat prior to final plat recording. At the time of recording of the final plat, all open space areas, including those areas designated as a NGPE, and the 20 foot wide tract connecting South 309th Place cul-de-sac and 2nd Avenue South, shall be designated as separate tracts and shall be shown of the face of the final plat: 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. Said declaration shall be recorded prior to issuance of any building permits in the plat or the release of the performance bond for the plat improvement. 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. PARKWOOD CAMPUS FILE #ILA-90-0002; FWHE #91-16 PAGE 20 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 [mal 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 all lots 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 pennitted to be placed upon any lot unless the same shall be underground or in conduit attached to a building. " 25. The following have been established by SEPA as necessary requirements of this development as mitigation. The applicants shall demonstrate compliance with these items prior to final plat approval. "The use of wet ponds, vegetated swales, andJor biofiltration is required, as determined and approved by the BALD Drainage Review Section." 26. Increased rainfall runoff as a result of development at this site will be allowed to be conveyed to the "Teabos" depression only to the extent that the devel{)ped lOO- year runoff water surface elevation in the depression is no higher than the current (time of King County BALD analysis prior to filling) 100-year runoff water surface elevation. Control of this runoff may be accomplished by a combination of methods including but, not limited to, on-site infiltration systems, compensation storage excavation, on-site detention facilities, etc. A detailed analysis of the storm drainage system and the "Teabos" depression shall be prepared by a licensed professional engineer experienced in hydraulics/hydrogeology to assure compliance with this condition. The analysis shall include potential runoff contributions through the site to the "Teabos" depression. A 15-foot graveled road access shall be provided into the "Teabos" depression area to provide for future maintenance. P ARKWOOD CAMPUS FILE #ILA-90-0002; FWHE #91-16 PAGE 21 27. 28. 29. 30. 31. The "Teabos" depression area of the site shall be located in a separate tract and shall be restricted from development of any organized recreational activity facility in order to preserve the natural infiltration characteristics of the area. A statement to this affect shall be placed on the face of the fmal plat. The existing Pacific Telephone and Telegram Co. pole line easement shall be vacated or relocated in a way as not to impact the lots. The applicant shall install limited sight distance or other acceptab1e signs along South 308th Street between lst and 2nd Avenues South. In addition, northbound traffic on 2nd Avenue South shall be limited to right turns only onto South 308th Street. The applicant shall participate with the City in developing and fillancing 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 comply with K.C.C. 19.38 by providing for .667 acres of open space or pay to the City of Federal Way Parks Department a fee-in-lieu of reservation or dedication for open space and parks in the amount of $23,302.11. Any open space provided shall meet the requirements of King County Title 19.38. As a result of proposed South 309th Streèt encroaching into the wetland buffer at the southwest corner of the site, Lot #36 as depicted on Exhibit" A" shall be reduced to 7,200 square feet. The remaining triangle between proposed South 309th Street, the south property line, and the west edge of Lot #36 shall be designated as a NGPE area. The applicant shall prepare a vegetation enhancement plan which includes fmal grades and a detailed planting plan showing plant species, sizes and locations, and a construction sequence for subject NGPE area. Conditions #9 and 1121 shall also apply to this area. 32. A geotechnical/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 fmal plat recording. 33. All lots within subject subdivision shall conform to King County Slope Density Ratio Guideline requirements. Lot sizes shall be determined as part of the engineering plan review, subject to the approval of the Director of Public Works. PARKWOOD CAMPUS FILE #ILA-90-0002j FWHE #91-16 PAGE 22 34. An easement shall be reserved for future utility easements for Tax Lot 249. The easement shall be located between proposed Lots 19 & 20. Done and dated this 31st day of December, 1991. J~~ H~~~ VI. RIGHTS TO RECONSIDERATION AND APPEAL 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 may be challenged 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. WSDA - PLANT SERV1CES DIV1SlON 1991 G.M. PROGRAM SUMMARY REPORT Table 4. 1991 Federal Land Gypsy Moth Trap Deployment FACILITY TRAPS Bangor Submarine Base 13 Chehalis lndian Reservation 2 Fort Lewis 16 Gifford Pinchot National Forest 251 Lummi Indian Reservation 24 McCaw Indian Reservation 5 McChord Air Force Base 0 Mount Baker-SnoQualmie National Forest 112 Mount Rainier National Park 13 North Cascades National Park 9 Okanogan National Forest 11 Olympic National Forest 102 OlYmpic National Park 14 OlVIDpic Wildlife Area 6 Port Gamble Indian Reservation 2 Port Madison Indian Reservation 7 Quinault Indian Reservation 31 Ross Lake Recreational Area 21 Scatter Creek Wildlife Area 1 Shoalwater Indian Reservation 1 Skokomish lndian Reservation 4 Spokane Indian Reservation 15 Swinornish Indian Reservation 7 Tulalip Indian Reservation 18 Wenatchee National Forest æ Willipa National Wildlife Refuge 1 Yakima Indian Reservation 4 Total 78/3 (Federal Trap Numbers are included in Table 3 Totals) -6 -