Res 93-136
RESOLUTION NO. 93-136
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, APPROVING THE
FINAL PLAT OF MIRROR GLEN DIVISION III,
DESIGNATED AS KING COUNTY BUILDING AND LAND
DEVELOPMENT FILE NO. S89PO067, WITH
CONDITIONS.
WHEREAS, the preliminary plat for Mirror Glen Division
III, designated Building and Land Development File No. S89PO067,
was approved subject to conditions on December 3, 1993, by Federal
Way Resolution No. 91-88; and
WHEREAS,
the applicant submitted the application for
final plat for Mirror Glen Division III within three years of
receiving approval for the above-referenced preliminary plat; and
WHEREAS, City of Federal Way Community Development staff,
having reviewed the proposed final plat for its conformance to the
conditions of the preliminary plat; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY
RESOLVE AS FOLLOWS:
section 1.
Findinas of Fact.
The Federal Way City
Council makes the following Findings of Fact:
1.
The
final
plat
for Mirror
Glen
Division
III,
Building and Land Development File No. S89PO067, is
in substantial conformance to the preliminary plat
and
is
in
conformance
with
applicable
zoning
ordinances or other land use controls in effect at
the time of submittal of the substantially complete
application.
RES #93-136 - PAGE 1
COpy
2.
All
conditions
recommended
by
the
Federal
Way
Hearing Examiner contained
in Recommendation on
Preliminary Plat Application dated September 13,
1991, and as modified by Resolution No. 91-88, have
been
satisfied,
and/or
satisfaction
of
the
conditions have been sufficiently guaranteed by the
applicant.
3.
Ninety-five
percent
(95%)
of
all
required
improvements have been made and sufficient bond has
been
accepted
by
King
County
and
the
City
of
Federal Way as financial guaranty for completion of
all required plat improvements.
4.
All taxes and assessments owing on the property
being subdivided have been paid.
section 2.
ADDroval.
Based upon the above Findings of
Fact, the final plat of Mirror Glen Division III, Building and Land
Development File No. S89POO67, is approved, subject to satisfaction
of the following:
1.
Those conditions contained in the Recommendation of
the
Hearing
Examiner
dated
September 13,
1991,
attached hereto as Exhibit A and incorporated by
reference; and
2.
Bonds or Assignment of Funds, in form and content
acceptable to
the
city sufficient
to
guarantee
satisfaction of the conditions that are required by
the City.
RES #93-136 - PAGE 2
Section 3.
Recordinq.
The approved and signed final
plat, together with all legal instruments pertaining thereto as
required pursuant to all applicable codes, shall be recorded by the
applicant in the King County Department of Elections and Records.
All recording fees shall be paid by the applicant.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this ~ day of
April
, 1993.
CITY OF FEDERAL WAY
ßQu'i7CZ ~
MAYOR, ROBERTIST D
UC::'
CITY ATTORNEY, CAROLYN
A. LAKE
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 93-136
April 14, 1993
April 20, 1993
MARYKlRESIMlRRGLEN.DV3
RES #93-136 - PAGE 3
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EXHfBIT
DECISION OF THE P.l1~E I
HEARING EXAMTh'ER OF ~
CITY OF FEDERAL WAY
F-
O¡~~
In Re: the Matter of the )
Application of Arrow Development)
)
)
)
)
)
)
NO. lLA-90-OOO6-SUB
FWHE #91-11
For Preliminary Plat Approval
of the tract of land known as
Mirror Glen, Division 3
RECOJ\IM:ElŒA TION ON
PRELIMINARY PLAT APPLICATION
I. BACKGROUfl.'D AND SUMMARY OF APPLICATION
The applicant's proposal is for approval of a subdivision of 9.14 acres into 22-single family lots.
The property is zoned SR 7200. Application for the preliminary plat occurred prior to the
incorporation of the City of Federal Way. The review of the subdivision application was done
pursuant to the King County ordinances.
The subdivision is approved subject to conditions. The conditions are set forth ,herein.
TI. PROCEDlJRAL ]}œOR.~TION
Hearing Date:
Decision Date:
August 27, 1991
September 13, 1991
At the hearing the following presented testimony and evidence:
1.)
2.)
3.)
4.)
5.)
6.)
Margaret Clark, Senior Planner, City of Federal Way.
33530 - 1st Way South, Federal Way, WA 98003
Ron Garrow, Consultant, PEl c/o City of Federal Way
33530 - 1st Way South, Federal Way, WA 98003
Eric Metz, Consultant, Wilsey & Ham c/o City of Federal Way
33530 - lst Way South, Federal Way, WA 98003
John Raby, John C. Raby & Associates, Inc.
18106 - l40th Avenue Northeast, Suite 3, WoodinviI1e, WA 98072
Bill Peabody
31824 - 10th Place S.W., Federal Way, WA 98023
Li sa Bee Ian an
l007 S.W. 3l7th Court, Federal Way, WA 98023
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7.)
Richard Saggerson
1003 S.W. 317th Court, Federal Way, WA 98023
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
Staff Report
a.) Preliminary Plat and Preliminary Road & Storm Design with Water and
Sewer (Reduced).
Vicinity Map.
Application for Preliminary Approval
Mitig'ated Determination of Non-Significance
Preliminary Plat on which the Mitigated Determination of Non-
Significance was Issued
utter of Appeal
Pages 7-8 of March 13, 1991
Environmental Checklist
Referral Form -
Conceptual Wetland Mjtigation Plan (Reduced).
Correspondence from METRO -
Correspondence from Department of Transportation
Correspondence from Department Ecology
Correspondence from King County Community Planning Section
Correspondence from King County Conserv¡;tion District
Correspondence from Federal Way Public Schools
Correspondence from Washington Natum Gas'
Wæands Report by Shapiro & Associates
King County Wetlands Inventory Notebook, Volume 3 (Lower Puget
Sound, #23) -
King County Sensitive Areas Map Folio (Class ill Seismic Huard Areas
& Wetlands)
u.) Neighborhood Map
v.) King County Chapter 21.49 - Road Adequacy Standards
w.) Correspondence from Federal Way Public Schools (dated 5/l4/9l)
x.) School Bus Stops Map
y.) Correspondence from Federal Way Parks Department
z.) Parks..Location Map
aa.) King County Certificate of Water AvailabiJity
ab.) Correspondence from Federal Way Water and Sewer District
ae.) King County Certificate of Sewer Availability
ad.) Preliminary Health Department Approval
ae.) Correspondence from King County Wetlands BioJogist
;of.) Correspondence from Federal Way Wetlands Bi010gist
ag.) King County Motion No. 5952
Petition of Neighbors Against DeveJopment
1.)
b.)
c.)
d.)
e.)
f.)
g.)
h.)
i.)
j.)
k)
1.)
m.)
n.)
0.)
p.)
q.)
r.)
s.)
2.)
t.)
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MIRROR GLEN, DIVISION 3
TI..A-90-0006-SUB; F\VHE #91-11
PAGE 3
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ID. FlNDINGS OF FACT
1.
John C. Raby and Associates, Inc., l8106 - 140th Avenue Northeast, Suite 3,
Woodinville, Washington 98072 (hereinafter referred to as "applicant") requested
approval of a preliminary pJat for a proposed subdivision of 9.14 acres into 22 single-
family lots. The property is located off Southwest 320th Street, via 10th Place
Southwest, Federal Way, Washington. A copy of the proposed preliminuy plat map
(Exhibit 1a) is attached hereto and by this reference is hereby incorporated as part of
these findings.
2.
The subject property is a 9.14 acre parcel of land that is zoned SR 7200. On site are
two wetlands, and significant vegetation.
3..
It is the intent of the applicant to develop the subject property with 22 lots. The lots will
range from 6,000 square feet to 9,000 square feet, and the average lot size will be 6,705
square feet. The lots will be developed with detached single-farnily residences on site.
5.
The application for the proposed subdivision was filed with King County in July 1989,
prior to the incorporation of the City of Federal Way. Pursuant to an interloca1
agreement between the City of Federal Way and King County signed on March 13, 1990,
Mirror Glen was designated on the "A List", which required the City of Federal Way
to assume responsibility for the processing of the plat request. This process includes
preparation of staff reports by the Planning Department, . and a review by the Federal
Way Hearing Examiner. The application, however; is reviewed pursuant to King County
regulations in effect at the time of the preliminary plat application (July, 1989).
6.
Pursuant to the State Environmental Policy Act, the King County Building and Land
Division (BALD) was designated as the lead agency. On January 30, 1990, BALD
issued a mitigated determination of non-significance for the proposed plat. An appeal
.of this threshold decision was filed, and the City of Federal Way (pursuant to the
interlocalagreement) denied the appeal on March 13, 1991. No appeal of the Federd
Way Heiring Examiner's decision was made.
7.
As part of the denial of the appeal, the Hearing Examiner of the City of Federal Way
issued remarks with regard to the pr~liminary plat plan that had been submitted at the
appeal hearing. As a result of the hearing examiner's remarks, the revised preliminary
plat was redesigned to address concerns raised. The revised preliminary plat is the plat
under consideration in this hearing.
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MIRROR GLEN, DIVISION 3
ILA-90-0006-SUBj FWHE #91-11
PAGE 4
8.
9.
10.
The majority of the site is gently rolling terrain, with a topography that ranges in
elevation from 275 feet above sea level to 290 feet above sea Jc:vel. In the northeastern
comer of the site the terrain is steeper, and the elevation rises to about 300 feet. The
terrain of the site presents no detrimental impact for the proposed development.
The King County Conservation District indicated that the site is underlain by soils of the
Alderwood soil and SeanJe Muck series. The Alderwood soils have moderate limitations
for building foundations and severe limits for shallow excavations due to seasonal high
water tables. The City, in reviewing the plat, considered these soils and determ.ined
they will be stable enough to support the proposals of development.
The site which lies within the South Lower Puget Sound Sub-basin of the Puget Sound
Basin, is characterized by seasonal high water tables. There is a Class I wetland located
in a shallow swale which extends from east ~o north in the south central portion of the
site. (On the proposed plat map the wetland is indicated as a Class I wetland.) The Class
I wetland is approximately 1.6 acres of shrub swamp and forested swamp. There are
willow and crabtree intermixed throughout. This area is not proposed for the
development and wetland boundaries and native growth protection easements are
proposed to protect this Class I wetland.
In addition, there is a Class ill wetland located on the western portion of the site. (The
Class ill wetland is identified on the. plat map). This area (0.5 acres) consists of a
shallow drainage swale and two small shrub swamps. Overflow of the Class I wetland
flows into the Class ill wetland.. The wetlands have been determined to be sensitive
areas that cannot be developed.
l1.
The site is dominated by deciduous forest that includes red alder with occasional big leaf
maple. There are also Doug1as Fir, Western Red Cedar, Cottonwood and Hemlock on
site. Salmonberries and blackberries exist throughout the site.
12.
Some small mammals and birds have been found to use the site for their native habitat.
TIlls habitat has been addressed in the environmental review.
13.
Access to the site will be off 10th Place Southwest. As depicted on the preliminary plat
map, lots l, 2, 3, 4, and 5 in the southwest corner of the plat, will have access off a eul-
de-sac that will access onto lOth mace Southwest. The remaining lots win access off the
cul-de-sac that will be an extension of 8th Place Southwest. This cul-de-sac will enter
the subdivision in the northeastern comer.
14.
The right of way of the new roads that are proposed within the subdivision wiJI be 36
feet, with a 28 foot paved roadway. The cul-de-sacs win have a 42 foot right of way
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MIRROR GLEN, DMSION 3
ILA-90-00O6-SUBj FWHE #91-11
PAGE 5
IS.
16.
17.
PAGE
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radius, with a paved radius of 41 f~t. Sidewalks will be extended into the buJb of the
eul-de-saes to provide a link with the pedestrian walkway.
The applicant proposed a pedestrian walkway which will extend from the cul-de-sac bulb
off 8th Place Southwest to the cul-de-sac bu1b in the southeastern corner of the site. The
walkway is proposed to be a 5 foot wide pathway that will extend and provide pedestrian
linkage. The walkway will be designed to provide aesthetic views of the wetlands, while
protecting areas from development of the site.
The King County Code (KCC) 21.08.080 allows lot averaging for SR-zoned property.
Because this property was under the jurisdiction of King County prior to incorporation
of Federal Way and was zoned SR, the applicant elected to utilize this procedure. The
average 10t size will be 6,700 square feet, with Lot 5 being 9,000 square feet, and the
smallest lot, Lot 18, being 6,000 square feet. .
According to traffic engineering standards, single-family residences generate 10 vehicular
trips per day. It is expected that 220 vehicular trips per day will be generated with the
full development of the subdivision. The City has indicated that approximately 170 of
these trips will utilize 8th Place Southwest, while the remainder will use access off 10th
Place Southwest. The City stated that a traffic impact study was not required because
the number of trips that will be generated will be at hours other than the peak periods,
and thus will not have a significant impact to the site. .
18.
The City submitted that the sidewalk and curbs on lOth Place Southwest near the site are
in disrepair. However, according to the City this is not a resu.1t of the development of
the site, and the applicant will not be required to correct these deficiences. Th.e City did
state however, that the condition of the improvements indicate that proper design and
analysis must be done prior to construction. As a result, the City has imposed
conditions that require a gee-technical study of the soils and ground water. With this
information, recommendations can be made with regard to the location of the roadways
and the design of the construction.
19.
The responsible officials for the school district in which the property is located, the
Federal Way School District, stated on January 30, 1990 that the Lakota Junior High and
Decatur High Schools have space for additional students, but that Lake Grove Elementary
School will be at capacity prior to the deveJopment of this site. The sehool district stated
that other measures such as doub1c,shifting, temporary housing or rescheduling could
alJeviate the overcrowding. The school district, however, did not indicate that it could
not handJe the additional students, and did not recommend the imposition of additional
conditions.
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MIRROR GLEN, DIVISION 3
ILA-90-0006-SUBj FWHE #91-11
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20.
After the City of Federal Way was incorporated, the preliminary plat application was
submitted again to the school district for comments. The district, on May l4, 1991,
stated that the project will result in overcrowded situations at the elementary level in the
fall of 1991, but that the situation at the junior high level is less severe. Concerns were
expressed by the school district reJating to the need for additional equipment and other
support facilities.
21.
The City submitted that the recently adopted Washington State Growth Management Act
requires mitigation of impacts to such facilities as schools. Further, the City submitted
that King County Ordinance #9785 provides for school impact mitigation. However, it
was the City's position that these provisions do not apply. to the project because the
application was submitted prior to the enactment of these pi~s of legisJation. The City
stated that with a lack of regulations, pJans or codes, and specific input from the
applicant, no specific mitigation measures have been submitted for the overcrowding in
the schools.
22.
The Federal Way Parks Department submitted that the development will result in the
increased use of Lakota, Alderbrook and :Mirror LaJce Parks. Lakota Park is
approximatcly one half mile northwest of the site, while Alderbrook and M'lITOr we
Parks are neighborhood parks approximately one half mile to the south, and one and a
half miles to the northeast respectively. The City submitted, however, that because the
. proposed subdivision is less than 10 acres (the site is 9.14 acres), no provisions for open
space or fee-in-lieu thereof, must be provided. None was provided.
23.
The Federal Way Water and Sewer District submitted ¡hat water was available to the site
in sufficient quantity, and King County fire flow standards can be satisfied.
24.
The City recommended that the water system within the site be looped for flIe flow and
circulation, and, easements be provided for the water line. The applicant indicated no
problem with adherence to these conditions.
25.
Water to the site will be provided by the Federal Way Water and Sewer District. The
Department of Health has issued preliminary approval of the method of water supply to
the site. -
26.
The subdivision will include a sewer system that is part of the Federal Way Water and
Sewer District. The City indicated that the site can be served by sewer. The appHcant
must enter into a agreement that will require that the sewer be extended to the southeast
and northeast edgc:s of the property. The Department of Health has issued preliminary
approval of the proposal.
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MIRROR GLEN, DIVISION 3
ILA-90-0006-SUB; FWHE #91-11
PAGE 7
.F
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27.
28.
29.
30.
[}T:;g:T
As noted, there are two wetlands on site, a Class I wetland in the south central portion,
and a Class III wetland along the western portion of the boundary. Specific attention
must be given to the method in which the Class I wetland drains to the west. The water
will flow offsite to the west from the wetlands via a 36" culvert under 10th P]ace
Southwest.
Development of the site will generate additional runoff from new impervious roadways
and driveway surfaces. The applicant submitted that no specific excessive runoff will
occur. All of the roofs on the site will be tight-lined to a storm drainage system Ú1at will
eventually flow into the wetland area. A detention system, including a weed-lined swale
that will remove contaminants from the storm drainage, will be provided. The storm
drainage water then will drain into a detention tank which will regulate the flow of the
drainage from the Class I to the Class ill wetland.
The City submitted that in addition to providing a detention system, the applicant must
also provide a study to show the impact to the development on the downstream storm
drainage system from the site. The applicant objectc:n to this condition, indicating that
it was too vague, and that potential exists for extensive costs to the applicant. According
to the applicant, the control of storm drainage in the drainage system and the tight-line~
system will adequately drain the site so that it will not create additional impacts to the
downstream drainage. Further, the applicant indicated that no additional storm drainage
will result from the development of the site, and that the drainage will be similar to that
which currently exists.
The wetlands are fed by runoffs and ground water from localiw:! areas in the vicinity.
These sources contribute to the maintenance of the wetlands. The City has recommended
that the lots abutting the native growth protection easement around the wet1ands be
created in a manner that will allow Ú1e runoff to flow directly into the wetlands. It ~s
recommended that runoffs from oÚ1er lots in the area be directed to the infiltration
systems where the ground waters will be recharged after a feasible period.
31.
The design of the detention facilities must conform to KCC 9.04. According to the City,
the design frequency storm event shall be a ten year period, with runoff from the site
restricted to no more than the pre-developed runoff rate for this magnitude of an event.
These standards are developed and based upon the May, 1979, storm drainage control
requirements and guidelines.
32.
There will be no development within Ú1e wetlands. A native growth protection easement
of 100 feet will also buffer the undisturbed native vegetation around the Class I wet1and.
The City, however, indicated that on the west end of the wetland, the buffer will be
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MIRROR GLEN, DIVISION 3
ILA-90-0006-SUB; FWHE #91-11
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33.
34.
35.
36.
37.
allowed to be reduced by 50 feet. The slope of the terrain at that Jocation, and the
limited impact on the wetland allows for such reduction. A 25 foot buffer will be
required around the Class ill wetland. An additionall5 foot building setback line will
be required beyond the buffers of both wetlands.
These easements, buffers, and setbacks, will protect the wetlands from impacts of
development.
Lot 5 will have a driveway that will encroach into the 15 foot building setback plan. As
part of the development of Lot 5 the City recommended that there be a vegetative
enhancement and fencing plan required.
The applicant caused a wetland and mitigation planting plan to be prepared. - The plan
was reviewed by the King County Wetlands biologist and the Federal Way Wetlands
biologist (Exhibit Ie and Exhibit If). Both of the biologists made recommendations to
reduce the impact to the wetlands. Included in their recommendations were different
choices of plants and a reduction in the encroachment of the cul-de-sacs and walk.'ways
within the 100 foot buffer around the Class I wetland. The City submitted approval for
the adoption of these recommendations.
The City of Federal Way Wetlands Biologist recommended that the walkway have a
permeable surface such as gravel, cinders or wood chips. However, the Public Works
Department recommended that the walkway be cement in order to provide structural
support for maintenance vehicles. As a compromise, the Planning Department
recommended that the infiltration systems be incorporated in the 3 foot wide shoulders
of the cement sidewalk. According to the City, these shoulders will adequately provide
the support for maintenance vehicles, while also protecting erosion control.
The applicant objected to the requirement of the shoulders on the walkways. According
to the applicant, the walkway wi1! be designed in a manner that will be able to maintain
and support weight of maintenance vehic1es, and there is no need for the increased
shoulders.
The King County Comprehensive Plan designates the subject property as "urban". The
City reviewed the proposal and has reviewed the policies of the comprehensive pIan of
King County and determined that the proposed subdivision is not in conflict with these
policies.
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MIRROR GLEN, DIVISION 3
ILA-90-0006-SUB; FWHE #91-11
PAGE 9
38.
39.
40.
41.
42.
43.
The property is located in the Federal Way community planning area, and js gov~rned
by the 1~86 Fed~ra1 Way Community Plan and Area Zoning, which designates the
property as singl~-farnily with densities of 4 to 9 dwelling units per acre. The density
of the subject proposal is 3.2 units per acre, which is less than the maximum density
allowed. The City indicated that the proposal is not in conflict with the goals, policies
and guidelines set forth in the Federal Way community plan.
The Planning Department of the City of Federal Way recommended approval of the
preliminary plat subject to conditions listed. The conditions are listed in the staff report.
Reference is made to these conditions.
As part of the recommended conditions, the City recommended that the applicant provide
a downstream drainage analysis with a drainage plan. At the hearing, the City expanded
this condition (10h) to include analysis that would address the hydrological impact on
downstreams within the wetland drainage basin. The applicant objected to this, stating
that it was in excess of the King County standards which require analysis no more than
2oo'feet downstream. Further, the applicant submitted that such, an analysis may not be
physically possible because of the identification of all of the storm drainage in the
downstream basin. The applicant also stated that the analysis would be costly, and would
make the project cost ineffective for the applicant.
The City recommended that the applicant submit a water budget for the wetlands. Based
on the results of the information contained in the water budget, the fmal engineering
plans for the improvement of the site would insure that the hydraulic function of the
wetland is not altered. .
At tþe hearing a petition of neighbors opposed to project was submitted. All who signed
the petition were not at the hearing or submitted evidence. The petition goes to the
weight of the evidence.
At the public hearing testimony was received the public. A summary of that testimony
is as follows:
Bill Peabody: The witness submitted that he lives in the general vicinity of the subject
property, and is concerned about the amount of traffic that will be generated on lOth
Avenue Southw~st. He stated that th~ City's figur~s of 170 v~hicular trips per 'day being
generated on 8th Avenue Southwest, and 50 vehicular trips per day being generated on
lOth Avenue Southwest are not correct. He claimed that th~ majority of the traffic wi1l
occur on lOth Avenue Southwest. He was also concerned about the traffic at the
intersection of lOth Avenue Southwest and Southwest 320th Street.
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MIRROR GLEN, DIVISION 3
ILA-90-0006-SUBj FWHE #91-11
PAGE 10
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The witness also testified that the soils on site are . Seattle Muck". He testified that it
is this type of soil that is part of a general wetland system that is interrelated. He
submitted that more studies should be done to determine the seismic hazard for
development on theSe soils.
Lisa Beckman: The witness submitted that she is concerned with regard to the increased
traffic on 10th Avenue Southwest. She also stated that a=ss to the southeast corner of
the subdivision via the cul-de-sac could cause probJems because of the close proximity
of the intersection of 10th PJace Southwest and the intersection of 10th Place Southwest
and Southwest 320th Street. She was also concerned as to whether the engineering
standards for the detention system would operate properly. She was informed by the
. City's drainage consultant that King County has design criteria that must be satisfied for
installation and operation of detention systems, and that the detention system- would
operate efficiently. Finally she stated that Federal Way does not need another
development. -
Richard Saggerson: The witness subI1Ûtted that the wetlands cannot be preserved with
the development, and that the City has not considered the wildlife in the area. -
The witness also testified that there is excessive traffic in the area, with the majority of
the traffic on 10th Avenue Southwest. He contended that the intersection of 10th Avenue
Southwest and Southwest 320th Street is very busy, and additional traffic is not needed.
The witness also submitted that the schools are at capacity, and that the issues of schools
has not been properly addressed by the school àisiriet. Finally the witness submitted that
there are two school bus stops, and that most of the chiJdren in the area will have to
cross 10th Avenue Southwest to board the buses. No crosswalks are provided for these
children.
IV. CONCLUSIONS
1.
The application is for the approval of a preliminary plat for a proposed subdivision of
9.14 acres into 22 single-family lots, on property located off Southwest 320th Street via
10th Place Southwest, Federal Way, Washington. The exact location and the proposal
of the applicant are set forth in Exhibit la attached hereto.
2.
The Federal Way Hearing Examiner has jurisdiction to issue recommendations on the
application to the City Council. This authority is set forth in Section l55 of the Federal
Way Zoning Code, and the interloca1 agreement between King County and the City of
Federal Way, entered into on March 13, 1990.
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MIRROR GLEN, DIVISION 3
ILA-90-0006-SUBj FWHE #91-11
PAGE 11
3.
4.
The proposal of the applicant is subject to the review procedure as set forth in the
interlocal agreement under projects designated as "List A".
Pursuant to the interloca1 agreement, the City of Federal Way is required to review the
preliminary plat application pursuant to the provisions of the codes of King County.
Because the project was vested a=rding to the interlocal agreement, the King County
standards are applicable.
5.
The City of Federal Way Planning Department provided uncontradicted testimony that
the proposed plat application complies with the goals and objectives of the 1985 King
County Comprehensive Plan, and the 1986 Federal Way Community Plan and Area
Zoning. Further, the City submitted that the proposal complies with the requirements
of King County Title 19, Subdivisions, King County Title 21, Zoning and Other Official
Land Use Controls of King County. The proposal is consistent with the purposes and
provisions of these acts.
The proposal is consistent with the comprehensive plån designation of "urban" as set
forth in the King County Code.
6.
7.
The proposal, with all conditions, will be consistent with the public health, safety and
welfare. It will provide an orderly development of the site in a manner that will be
beneficial to the community. With adherence to conditions, no significant impact will
result to the public health, safety and welfare.
8.
The wetlands within the subdivision must be protected. The proposals of the City as set
forth in the conditions, including the native growth protection easement, buffers, and
setbacks, will protect the system.
9.
The applicant's proposal for the control of storm drainage will protect the flow of storm
drainage into the Class I wetland on site, and will protect the Class ill wetland. With
the use of a 200 foot swale and a detention release system, the wetlands should be
preserved. Further, the storm drainage system should allow the storm events of ten year
storms or greater, with runoffs from the site restricted to no more than the pre-developed
runoff fate for this magnitude of an event. The proposal is consistent with the May
1979, King County storm drainage requirements and guidelines.
lO.
The City's recommendation for sidewalks and shouIders on the proposed walkway is
consistent with the comprehensive plan and will provide protection for the surrounding
areas including the wetlands.
l1.
The City's requirement that the appIicant participate in an analysis of the hydrological
impact on the entire downstream drainage is excessive. The applicant, however, is
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MIRROR GLEN,DIVISION 3
ll..A-90-0006-SUBj F\VHE #91-11
PAGE 12
l2.
required to provide an analysis of the hydrological impact of 200 feet downstream to
determine if, in fact, the drainage system, inc!uding the proposed detention system, is
working.
Uûlities are available for the development of the site.
13. Although traffic will be increased, the streets within the area are adequate to carry the
. additional traffic.
V. RECOMMEr--"'DATION TO CITY COlTNCIL
It is hereby recommended to the City Council of the City of Federal Way that the request of the
applicant for the approval of a preliminary plat for a proposed subdivision of 9.14 acres into
single-family lots on property located off Southwest 320th Street via lOth Place Southwest,
Federal Way, Washington, snould be approved subject to the following conditions:
1.
The plat shall comply with all platting provisions of Title 19 of the King County Code
(King County Subdivision Ordinance).
2.
The area and dimensions of all lots shall meet the minimum requirements of the SR
7,200 (King County Zoning) c!assification. 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.
3.
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 lat) exCept as modified for the City of Federal Way.
4.
The applicant must obtain final approval from the King County Health Department.
The applié.ant must obtain the approval of the City of Federal Way for the adequacy of
the fire hydrant, water main, and fire flow standards.
5.
6.
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, the system must be looped for fire flow and circulation in accordance
with the requirements of the Federal Way Water and Sewer District.
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MIRROR GLEN, DIVISION 3
ILA-90-0006-SUBj FWHE #91-11
PAGE 13
,-
A Devdo~r 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 to the southeast and northeast edges of the
property.
7.
An inventoried wetland identified in the King County Wetland Inventory as Lower Puget
Sound #23 (Class 1) and an uninventoried wetland (Class III) to the west exjst on the site
of the proposed subdivision. The following conditions shall be satisfied with respect to
these wetlands:
8.
a.
b.
c.
The wetlands shall be located relative to the boundaries of the plat by a
field survey. The inventoried wetland with an associated 1oo-foot buffer
and the uninventoried wetland with an associated 25-foot buffer shall be
designated Native Growth Protection Easements (NGPE).
The boundary of the 25-year floodplain shall be determined by the
applicant's engineer. Any portion of the 25-year floodplain extending
beyond the wetJand buffer shall also be designated as NGPE.
The NGPE's shall be located within separate tracts and shown on the
approved engineering plans and recorded final plat.
d.
An additional IS-foot Building Setback Line (BSBL) shall be delineated
adjacent to the NGPE and shown on the approved engineering plans and
recorded final plat.
e.
An exception to the 100 foot buffer requirement is allowed along the
western edge of the wetland adjacent to the proposed sidewalk as shown
on the preliminary plat. To mitigate for the loss of the wetland buffer by
. the sidewalk and utility comdor crossing between cul-de-saes, the final
engineering plans shall include a final vegetative enhancement and fencing
plan.
f.
An exception to the l5-foot BSBL requirement is allowed for the driveway
portion of Lot 5. To mitigate for the reduced BSBL, the vegetative
enhancement and fencing plan shall include enhancement of the buffer in
this area also.
g.
The enhancement plan shall include final grades and hydrology incIuding
a detailed planting plan showing plant species, sizes and locations, and a
construction sequence.
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MIRROR GLEN, DMSION 3
ILA-90-0006-SUBj FWHE #91-11
PAGE 14
h.
i.
j.
9.
The plan shall mitigate the potential impact of the human intrusion into the
wetland by providing permanent fencing (Refer to Condition #ll).
This plan shall be prepared by a biologist specializing in wetland
enhancement. The plan shall include the recommendations of the King
County wetlands biologist (Exhibit AE) and 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.
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 Planning and Community
Development for review and approval.
k.
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.
1.
A water budget shall be prepared for the wetlands. Based on the results
of this study, the final engineering plans for the improvements to the site
shall ensure that the hydraulic function of the wetlands is not altered. The
wetland shall not be utilized as a Retention/Detention facility.
The following statement shall be shown on the approved engineering plans and
reéorded final plat:
"Building Setbacks and Nath'e Growth ProtectioD Easements
Structures, fill and obstructions (including, but not limited to decks, patios,
outbuildings, or overhangs beyond l8 inches) are prohibited within the building
setback line (BSBL) and restricted floodplains (if applicable), and within the
Native Growth Protection Easement(s) as shown.
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1fIRROR GLEN, DIVISION 3
ILA-90-0006-SUB; F\VHE #91-11
PAGE 15
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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, 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 su=ssor
agency." -
10.
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:
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 plans. The plan shall show
the limits of the area to be c1eared 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
January 23, 1990 letter from the King County Conservation District to Jim
Sanders, King County BALD (Exhibit 0).
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MIRROR GLEN, DIVISION 3
ll..A-90-0006-SUB¡ FWHE #91-11
PAGE 16
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 c1earing or grading, a boundary delineation
a=ptable 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 transfeITed
to the first owner-occupant at which time a five foot fence meeting the .
requirements of Condition #11 shall be constructed.
c.
Retention/detention (RiD) facilities shall be located in separate tracts,
. unless located within improved City of Federal Way rights-of-way.
A=ss for maintenance shall be provided to all facilities. This will
require a l5-foot a=ss roadway to all manholes (RiD). The design of
these facilities shall conform to Chapter 9.04 of the King County Code.
The design frequency storm event shall be to-year with runoff from the
site restricted to no more than the pre-developed runoff rate for this
magnitude of an event, as based on the requirements of the May 1979
King County Storm Drainage Control Requirements and Guidelines.
d.
Prior to recording of the flI1al plat, those portions of the
retention/detention facility 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. 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 biofiltration inc1udes 200 feet of broad, flat-bottom, grass-lined
swales or equivalent.
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 pJans and shall conform to the
following:
l)
Each outlet shall be suitably located at the ]owes! elevation on the
lot, so as to service all future roof downspouts and footing drains,
driveways, yard drains, and any other surface or subsurface drai..
necessary to render the lots suitable for their intended use. Each
MIRROR GLEN, DIVISION 3
ILA-90-0006-SUBj FWHE #91-11
PAGE 17
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outlet shall have free-flowing, positive drainage to an approved
storm water conveyance system.
2)
Outlets on each lot shall be located with a five-foot-high, 2"x4"
stake marked "storm". The stub--out shall extend above surface
Jevel, be visible and be secured to the stake.
3)
Pipe material shall conform with underdrain specifications
described in KCRS 7.Mand, 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.
g.
In come cases, on-site infIltration systems may be accepted for detention
for the lots depending on soil conditions. To determine the suitability of
the soil for infiltration systems, a soils report that includes percolation
- tests and a soil log taken at 6-foot miIÚmum depth shall be submitted by
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 buiJding 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.
h.
A downstream drainage analysis shall be inc1uded with the drainage plan.
This analysis must extend for a minimum distance of l/4 mile from the
point of release of each flow discharging from the site. The analysis must
address any existing problems with flooding, capacity, overtopping,
scouring, sloughing, erosion or sedimentation of any drainage facility,
whether natural or man-made. In addition, the analysis shall address the
hydrological impact of the downstream system for 200 feet, extending
from the subject property. Based on this analysis, should itbe determined
that the detention system of the proposed subdivision is not eomplying
with the requirements of the King County Drainage Control Requirements
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MIRROR GLEN, DIVISION 3
ILA-90-0006-SUB; FWHE #91-11
PAGE 18
, EXHfBiT ~-~ ---
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and Guidelines, May 1979, or is not adequately draining the property, the
applicant shall be required to redesign the 5ystem to assure compliance.
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-
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 Erosion Sedimentary Control (ESC) notes, as
established by the City of Federal Way Public Works Department, shall
be placed on the engineered plans.
j.
The following note shall be placed on the face of the final plat map:
k.
. 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 #ILA-90-QOO6-SUB. 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 final building inspection approval.
. For those lots that are designated for individual lot inf11tration systems, the
systems shall be constructed prior to certificate of occupancy and shall
comply with plans on file.'
In order to maintain rainfall cÓntrlbutions to the wetlands, lots abutting the
NGPE shall be graded in such a way to enable pervious surface runoff to
flow directly to the wetlands.
11.
A five foot tall fence must be installed on the edge of the wetland buffer/NGPE
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. It is the
responsibility of the applicant to construct that portion of the fence between Jots
5 and 16 and between lot 6 and lOth Place SW right of way within one year of
recording the final plat. A statement to this effect must be pJaced on the face of
the recorded plat.
l2.
A l5 foot wide Native Growth Protection Easement (NOPE) shall be provide..
along the south property lines of Lots l-S. This NGPE shall be owned and
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MIRROR GLEN, DIVISION 3
ILA-90-0006-SUBj F\VHE #91-11
PAGE 19
13.
14.
15.
16.
maintained by the individual property owners of said lots, and shall be noted on
the face of the plat.
The site is in an area with saturated groundwater and adjacent roadway
improvements have experienced settlement problems. A geotechn.ical report
detailing the soil and groundwater conditions on the site shall be prepared by a
professional geotechn.ical engineer. The report shall make special
recommendations for the design of a dewatering plan and a roadway subgrade
plan which will ensure the integrity of future roadways, buildings, and utilities.
The recommendations shall be subject to review and approval by the City of
Federal Way. The final engineering plans shall include a dewatering plan and
roadway subgrade plan which satisfies the fmal approved geotechnical
recommendations.
All construction and upgrading of public and private roads shall be done in
accordance with thè King County Road Standards established and adopted by
Ordinance No. 8041 (1987 King County Road Standards).
Southwest 318th Place shall be designed and constructed to Urban Subaccess
Street standards. Southwest 319th Place shall be designed and constructed to
Urban Minor Street standards. Both streets shall include' vertical curb and gutter
along both sides and sidewalk along one side. Pavement widths shall be 28 feet
as shown on the subnùtted preliminary plat.
A 10 foot wide cement sideWë.lk with 3-foot gravel shoulders on both sides shall
be provided to link the sidewalks on each of the proposed cul-de-sacs. Infiltration
systems shall be incorporated into the three foot wide shoulders. This sidewalk
linkage shall be placed within a separate 20 foot wide tract. Bollards shall be
provided at both ends of the sidewalk to control vehicu1ar access.
17.
Southwest 318th Street shall be designed and improved to Urban Subeollector
Street standards. Construction shall consist of the comp]etion of the south half
of the roadway including curb -and' gutter to match the existing north half,
associated storm drainage facilities and 5-foot sidewalk. An additional 25 feet of
right-of-way shall be dedicated along the northeast corner of the site to
accommodate the proposed improvements.
18.
Planter islands (if any) within the cul-de-sacs shall be maintained by the abutting
lot owners. This shall be stated on the face of the final p1at.
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MIRROR GLEN, DIVISION 3
ILA-90-0006-SUBj F\VHE #91-11
PAGE 20
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19.
20.
21.
There shall be no direct vehicular access to or from SW 320th St. for those lots
abutting this street right-of-way.
Lots 9 and 10 shall have undivided ownership of Tract B and be responsible for
its maintenance. This statement shall be placed on the face of the final plat.
Tract B shall be 26 feet wide and improved with a 22-foot-wide, paved surface
and controlled drainage.
At the time of recording of the final plat, all open space areas, including those
areas designated as a NGPE, and the 20 foot v.ide tract connecting the cui de
sacs, shall be designated 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.
22.
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.
23.
Easements shall be provided for all utilities not located within public right of
way. The 20 foot wide tract between the two cul-de-sacs may serve as a
combined sidewalk and utility easement. 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.
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 paralJe1 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 l}
subdivision and other property with utility service, together with the right to ent",
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MffiROR GLEN, DIVISION 3
ILA-90-0006-SUBj FWHE #91-11
PAGE 21
25.
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upon the lots at all times for the purposes h~rein stated. Th~se easements ~ntered
upon for these purposes shall be restored as near as possible to th~ir 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. .
The applicant shall participate with the City in developing and financing school
bus crosswalks in the area, including but not limited to, the streets of 10th Place
Southwest and 8th Place Southwest. The exact location of these crosswalks shall
be determined by the City of Federal Way and the Federal Way School District.
Done and dated this l3th day of S~ptember, 1991.
~A~~
M. DRISCOLL
VI. RIGHTS TO RECONSIDERATION A.J\"D APPEAL
MY ~son who has a right to appeal a decision under the Federal Way Zoning Code may
request the Hearing Examiner to reconsider any aspect of his or her decision by delivering a
written request for reconsideration to the Planning Department within seven (7) calendar days
after the date of issuance of the Hearing Examiner's decision. The person requesting the
reconsideration shall specify in the request what aspect of the decision he or she wishes to have
reconsidered and the reason for the request. The distribution of the request and the response to
the request shall be governed pursuant to the provisions of the Federal Way Zoning Code.
Within ten (10) working days after receiving a request for reconsideration, th~ Hearing Examiner
shall notify the persons who have a right to appeal under the Fed~ral Way Zoning Code, whether
or not the decision will be reconsidered. The Hearing Examiner may reconsider the decision
only if he or she concludes that there is substantial merit in the requ~st. The process of the
reconsideration will be followed in accordance with the Federal Way Zoning Code. The decision
of the Hearing Examiner may be appealed by 2l1Y person who is to receive a copy of that
decision under Section l50.65 of the Federal Way Zoning Code. That appeal, in the form of
a lett~r of appeal, must be delivered to the Pianning Department within fourteen (14) calendar
days after the issuance of the Hearing Examiner's decision or, if a request for reconsideration
is filed, then within fourteen (l4) calendar days of either the decision of the Hearing Examiner
d~nying the requ~st for reconsideration or the reconsidered decision. The letter of appeal must
contain a clear reference to the matter being appealed and a statement of the specific factual
findings and conclusions of the Hearing Examiner disputed by the person filing the appeal. The
person filing the appeal shall include, with the Ietter of appeal, the fee established by the City.
The appeal will not be accepted unIess it is accompanied by the required fee. The decision of
the Hearing Examiner may be appeaJed whether or not thw: was a request to reconsider the
Hearing Examiner's decision.
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