Res 93-139
RESOLUTION NO.
93-139
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, APPROVING THE
FINAL PLAT OF MIRROR LAKE TERRACE DESIGNATED
AS KING COUNTY BUILDING AND LAND DEVELOPMENT
FILE NO. SB9PO053, WITH CONDITIONS.
WHEREAS, the preliminary plat for Mirror Lake Terrace,
designated Building and Land Development File No. S89POO53, was
approved subject to conditions on October 15, 1991, by Federal Way
Resolution No. 91-83; and
WHEREAS,
the applicant submitted the application for
final plat for Mirror Lake Terrace 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.
Findinqs of Fact.
The Federal Way city
council makes the following Findings of Fact:
1.
The final plat for Mirror Lake Terrace, Building
and Land Development File No.
S89PO053,
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 #
93-139
- PAGE 1
COpy
2.
All
conditions
recommended
by
the
Federal
Way
Hearing Examiner contained
in Recommendation on
Preliminary
Plat Application
dated
September 4,
1991, and as modified by Resolution No. 91-83, have
been
satisfied,
and/or
satisfaction
of
the
conditions have been sufficiently guaranteed by the
applicant.
3.
Ninety percent (90%) 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 Lake Terrace, Building and Land
Development File No. S89PO053, is approved, subject to satisfaction
of the following:
1.
Those conditions contained in the Recommendation of
the
Hearing
Examiner
dated
September 4,
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 #
93-139
- 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.
section 4.
Effective Date.
This resolution shall be
effective immediately upon passage by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this ~ day of
May
, 1993.
CITY OF FEDERAL WAY
MA~~¡T~
tPPRf)ED .AS TO FORM:
~
CITY ATTORNEY, CAROLYN A.
LAKE
FILED WITH THE CITY CLERK: April 28, 1993
PASSED BY THE CITY COUNCIL: May 4, 1993
RESOLUTION NO. 93-139
MARYK\RESIMIRRGLEN.DV3
RES # 93-139
- PAGE 3
[-.,H'~):= ~
DECISION OF THE PA~Ë-----1- ,-,
HEARING EXAJ\lINER OF THE
CITY OF FEDERAL WAY
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ln Re: the Matter of the )
Application of Brace Development)
)
)
)
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1. BACKGROlTh'D A!\'D SIDßfARY OF APPLICATION
NO. lLA-90-ool5-SUB
FWHE #9l-9
For Preliminary Plat Approval
of the tract of land known as
J\1irror Lake Terrace
REC011J\Œr-.'DATION ON
PRELIMINARY PLAT APPLICATION
The application for preliminary plat approval of Mirror Lake Terrace was filed with King
County on June 15, 1989.
On February 28, 1990, the City of Federal Way was incorporated. The subject property was
placed within the limits of the City of Federal Way. An interlocal agreement between Federal
Way and King County requires the City to make decisions on this permit application.
Therefore, the preliminary plat hearing originally to be heard by King County was heard before
the Federal Way Hearing Examiner.
As part of King County's review of the application for preliminary plat approval, the King
County Subdivision Technical Committee conducted an on-site examination of the property and
discussed the proposed development with the applicant to clarify technical details of the
application to determine the compatibility of the proposed project with applicable King County
codes.
"\
Numerous governmental agencies were contacted by King County as part of this review,
including the following:
Reeional:
1. Metro
2. Puget Sound Air Pollution Control
.', ~
State:
1.
2.
3.
4.
5.
6.
7.
Washington State Department of Transportation
Washington State Department of úology
Washington State Department of Fisheries
Washington State Department of Wildlife
Washington State Department of Natural Resources
Washington State Department of Architectural and Historic Preservation
Washington State Department of Parks and Recreation
EXHlalT ".11.:
MIRROR LAKE TERRACE, PRE-PLAT
FILE #ILA-90-0015-SUBj FWHE #91-9
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King County:
1. King County PJanning & Community DeveJopment Division
2. King County Natural Resources & Parks Division
3. King County Housing & Economic DeveJopment
4. King County CuItural Resources
5. King County Public Works (Roads)
6. King County Surface Water Management (SWM)
7. King County Environmental Health/Conservation District
8. King County Department of Public Safety
Utilities and Services:
1. Federal Way School District #2l0
2. Federal Way Water & Sewer
3. King County Fire District #39
4. Washington Natural Gas
Responses were received from the King County PJanning and Community Development
Division, King County Fire Protection Engineer, SeattJe-King County Health Department,
Federal Way School District #210, Federal Way Water and Sewer, Washington State Department'
of Wildlife, Washington State Department of Transportation, Metro and Washington Natural
Gas. These comments from agencies and divisions contacted by King County were forwarded,
along with the application file, to the City of Federal Way for purposes of preJiminary pJat
processing.
As part of the review by the Federal Way staff, the proposal was circulated to the foJlowing City
departments and agencies:
I.
2.
3.
4.
5.
6.
Federal Way Parks, Recreation and Human Services Department
Federal Way Community Development and Public Works Divisions
Federal Way BuiJding Department
King County Fire District #39
Federal Way School District #2l0
Federal Way Water and Sewer District
Pursuant to the State Environmental Policy Act, RCW 43,21(e), the responsible official of the
King County Building and Land DeveJopment Division (BALD) issued a threshold determination
of non-significance (DNS) for the proposed development on December 5, 1989. This
determination was based on BALD's review of the environmental documents. The DNS was
appealed on December 18, 1989. Pursuant to the interlocal agreement, the appeal was heard
by the Federal Way Hearing Examiner on April 9, 1991. The appeal was dismissed Oil April
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i\URROR LAKE TERRACE, PRE-PLAT
FILE #ILA-90-0015-SUB; FWHE #91-9
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25, 1991, and the King County DNS upheld. The Examiner stated in the dismissal of the appeal
that "no plat approval can occur until all of the storm drainage has adequately been identified
and channeJed into a system that will not be detrimental to the subject property, nor to any other
adjoining properties. This process of identification and controlling of the storm drainage, is the
process of p]at review."
Notice of a public hearing on this preliminary plat application was provided in accordance with
Federal Way Zoning Code Section l55.25. A public hearing was heId on this preliminary pIat
application on August 13th at 2:00 p.m. in the Federal Way Council Chambers. The City
Department of Community Development, the applicant, and interested members of the public
participated in that hearing.
The Examiner has reviewed all of the evidence presented in staff reports and public testimony,
and has conducted a site view of the subject property prior to making this recommendation. The
applicant agreed to a seven-day extension of the date for preparation of this recommendation
until September 4, 1991, on which date this recommendation is issued.
Hearing Date:
Decision Date:
TI. PROCEDURAL INFORl\1A nON
August 13, 1991
September 4, 1991
At the hearing the following presented testimony and evidence:
1.)
2.)
3.)
4.)
5.)
Stephen Clifton, Senior PIanner
33530 - 1st Way South, Federal Way, WA 98003
Brian Lawler, Attorney, Short, Cressman & Burgess
999 Third Avenue, Suite #3000, Seattle, WA 98104
Mel Daley, Townsend-Chastain
409 South 3rd Avenue, Kent, WA 98031
Ron Garrow, PEl, c/o City of Federal Way
33530 - 1st Way South, Federal Way, W A 98003
Cecelia WheeJer
16749 - 3lst S.W., SeattJe, WA 98166
At the hearing the folJowing exhibits were admitted as part of the offìcial record of these
proceedings:
MIRROR LAKE TERRACE, PRE-PLAT
FILE #ILA-90-0015-SUB; FWHE #91-9
PAGE 4
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Staff Report
a.) Copy of Preliminary Plat Proposed Design (Received by King
County on August 3l, 1989).
Application for Preliminary PIat Approval of Mirror Lake Terrace
(June 15, 1989).
King County Planning and Community Development Division
Response (November 29, 1989).
King County Fire Protection Engineer Conditions of Permit
Approval (November 8, 1989).
Letter from Federal Way School District #2l0 (December 5,
1989).
Letter from Washington State Department of WiIdlife (December
l8, 1989).
Letter from Washington State Department of Transportation
(December 5, 1989).
Letter from METRO (December 19, 1989).
Letter from Washington Natural Gas (December 1, 1989).
Letter from Federal Way Water and - Sewer District (July 11,
1991). -
Letter from Susan Meyer, Wilsey & Ham Pacific consultant (City
Wetlands Specialist, dated JuIy 9, 1991).
Letter from Wesley S. & Julie 1. Yet to Stephen Clifton, dated
May 31, 1991, received by the Federal Way Department of
Community Development on June 3, 1991.
Copy of King County Motion #5952
FWHE File #91-3 - SEPA Appeal of Mirror Lake Terrace
1.)
b.)
c.)
d.)
e.)
f.)
g.)
h.)
i.)
j.)
k.)
1.)
2.)
3.)
1.
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III. FL';"DINGS
The applicant requested approval of a proposal for a subdivision of approximately 4.9
acres into 19 Jots for deveIopment of single-family dwellings. Proposed access would
be from 8th Avenue Southwest. Lot sizes range from 6,500 to 8,650 square feet. The
owner/developer is Brace Development of Seattle, Washington.
The property is located generaJly between 8th A venue Southwest and 10th A venue
Southwest (if extended), and generaJly between Southwest 3l4th Place' and Southwest
313th Street (if extended).
2.
3.
The topography of the site is rolling and generally slopes downward at approxi l11ately 2 %
to 5 % from the east to the west.
MIRROR LAKE TERRACE, PRE-PLAT
FILE #ILA-90-001S-SUBj FWHE #91-9
PAGE 5
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4.
The surface soil on the subject property is classified as AgB, Alderwood gravelly, sandy
loam; 0-6% slopes. Runoff on this type of soil is slow and the erosion hazard slight.
The soil type has a moderate limitation for low building foundations due a seasonally
high water table, and severe limitations for septic tank filter fields due to very slow
permeabiJity in the substratum.
5.
A. field check by the King County Building and Land Division revealed a Type 11I
Wetland on the northeast corner of the site. A wetland study was prepared by B-Twelve
Associates Inc., dated June 2, 1989, that identifies the edge of the wetland, together with
a 25-foot native growth protection easement (NGPE), and a l5-foot building setback line
(BSBL). Both County and City wetland specialists have reviewed the B-Twelve
Associates study and concur with its conclusions. A ditch serving as the outlet to the
wetland extends southerly from the wetland to the southwesterly corner of the property.
6.
Vegetation on the site consists of second and third-growth mixtures of coniferous and
board-leafed trees native to the Pacific Northwest. Second-story vegetation and ground
cover consists of Northwest native species including sala1, sword fern, berry vines and
grasses.
7.
Limited populations of small birds and animals inhabit this site, due to development of
surrounding properties. No special or endangered species are known to exist on or near
the property. Birds observed by the B-Twelve Associates Wetlands Specialist include:
Mallard, Winter Wren, American Robin, Varied Thrush, Rufous-sided Towhee, Blaek-
capped Chickadee, and common Bushtit. Other animals observed or expected on the site
are identified in the B-Twelve Associates wetlands report. (See Exhibit 3)
8.
The subject property is located in an urbanizing area. Two zone classifications are
immediately north of the site, four lots zoned Business Park and two lots zoned Single
Family. To the west is the plat of Hidden Lane with 19 townhouses. To the south is
the plat of Mirror Wood with 42 similarly-sized lots as those proposed for Mirror Lake
Terrace. To the east is the plat of Mirror Lake with fifty-one lots, averaging l2,OOO
square feet in size. The subject property currently eon[ajns one single-family residence
on proposed lot number 17. The applicant proposes to re[ajn this home.
9.
The applicant proposes to serve the subdivision by one access road. The internal
roadway section will be constructed to urban sub-access standards as a public road with
access from 8th Avenue Southwest. This access road will extend west from 8th Avenue
Southwest, terminating in a cul-de-sac. King County road standards for urban sub-access
streets require 24 feet in paving width. The right-of-way of proposed Southwest 3l3th
MIRROR LAKE TERRACE, PRE-PLAT
FILE #ILA-90-0015-SUBj FWHE #91-9
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l1.
Court is shown on the preliminary plat map as 40 feet in width. A sub-access street
requires a sidewalk constructed along one side of the road.
Approximately 190 vehicle trips per day will be generated with full development of the
proposed subdivision. Eighth Avenue Southwest would provide access to the site.
Eighth Avenue Southwest is a 20-foot wide paved neighborhood collector street with 4
feet of paved shoulder. The peak hour traffic generated by this subdivision falls below
the threshold requiring mitigation (Le. lO peak-hour, 10 peak-direction trips). The
proposed subdivision is not in conflict with the King County Interim Transportation Plan,
the Urban Trails Plan, or the BicycIe Plan.
The proposed subdivision would be served by Federal Way School District #210,
incIuding Lake Grove Elementary, Lakota Junior High, and Decatur Senior High
Schools. Assistant Superintendent Rich Hamlin indicated that both Lakota Junior High
and Decatur High Schools have adequate space for additional students, while Lake Grove
Elementary is at capacity. The School District also stated that measures may need to be
taken to alleviate overcrowding, such as double-shifting, temporary housing, or
rescheduling. However, the School District did not state they could not handle the
additional students. (See Exhibit le) In addressing the concerns regarding 'safe
pedestrian access to school sites, the Department of Community Development
recommended an additional paved shoulder be added tó the roadway between the site and
Southwest 312th Street. No right-of-way or easement exists along the west side of 8th
Avenue Southwest. Thus, a paved shoulder is recommended by the City Department of
Community Development, to be constructed within an existing easement along 8th
Avenue Southwest.
l2.
The nearest neighborhood park available to potential residents of the proposed
subdivision is Lake Grove Park, located at 8th Avenue Southwest and Southwest 308th
Street, approximately 800 feet due north of the subject property.
13.
Fire protection for the proposed subdivision would be provided by Fire District #39.
The certificate of water availability from the Federal Way Water and Sewer District
indicates that water is presently available to the subject property in sufficient quantity to
satisfy King County Fire tlow standards.
14.
The applicant proposes to serve the subject property through a public sewer system
managed by the Federal Way Water and Sewer District. A certificate of sewer
availability, dated May 18, 1989, indicates this sewer district's capability to serve the
proposed development. The King County Health Department has recommended
preliminary approval of this proposed method of sewage disposal.
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FILE #ILA-90-0015-SUB; FWHE #91-9
PAGE 7
l5.
l6.
The applicant proposes to serve the subject property with a pubJic water supply and
distribution system managed by the Federal Way Water and Sewer District. The King
County Health Department has recommended preJiminary approval of this method of
water supply. A certificate of water avaiJabiJity, dated May l8, 1989, indicates this
district's capability to serve the proposed development.
A letter from the Federal Way Water and Sewer District, dated July ll, 1991, and
included as Exhibit lj, states that the comments on the May l8, 1989 certificates still
apply. Additionally, certificates was issued for water and sewer on May 15, 1991
(Exhibit Ij), which match the requirements in the May l8, 1989 certificates.
17.
The proposed subdivision does have potential negative impacts from storm water runoff
to water quality and surrounding properties. Conditions to any plat approval are
necessary to mitigate these potential negative impacts.
18.
The application is not in conflict with the policies of the 1985 King County
Comprehensive PIan, which designates the subject property as urban. The proposed
subdivision is not in conflict with the policies of this comprehensive plan. The proposed
subdivision is located in the Federal Way Communïty Planning area, which is governed
by the 1986 Federal Way Community Plan and Area Zoning. The proposed subdivision
is not in conflict with the goals, guideJines, and policies of the Federal Way Community
Plan.
19.
No one spoke in opposition to this proposed subdivision. The applicant expressed some
concerns regarding proposed conditions involving access to bio-filtration systems. An
interested member of the public expressed concerns regarding impacts of storm water run-
off to adjacent properties.
IV. CONCLUSIONS,
1.
The Federal Way Hearing Examiner has jurisdiction to hear and present
recommendations on this application to the City Council, pursuant to Sectionl55 of the
Federal Way Zoning Code, and under the inter]ocal agreement between King County and
the City of Federal Way, dated March 13, 1990. The City has elected to process this
application under "List A" of that interlocal agreement. The City and the applicant agree
that this preliminary plat application should be reviewed by the Examiner under Process
III, Chapter l55 of the City Code.
2,
Federal Way Code Section l55,60,3, st2tes that the Hearing Examiner shall use the
decisional criteria listed in Section 75.3 of Chapter 155, Section ]55,75,3 merely
MIRROR LAKE TERRACE, PRE-PLAT
FILE #ILA-90-001S-SUB; FWHE #91-9
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provides the process for City Council review of Hearing Examiner recommendations, and
includes no decisional criteria. Section l55.75.4 does list decisional criteria for Process
III applications. That section states that an application may only be approved if:
a.
It is consistent with the Comprehensive Plan;
b.
It is consistent with all applicable provisions of the
Code, including those adopted by reference from
the Comprehensive Plan; and
c.
It is consistent with the public health, safety and
welfare.
3.
The City has elected to review this preliminary plat application for consistency with the
codes of King County. The City has concluded that "the preliminary plat application of
Mirror Lake Terrace will comply with the goals and objectives of the 1985 King County
Comprehensive Plan and 1986 Federal Way Community Plan and Area Zoning. The
proposal will comply with the requirements of King County Title 19, Subdivisions, and
Title 21, Zoning Code, and other official land use controls of King County, based on the
conditions for preliminary plat approval." (Exhibit l, Page 1l) This conclusion was not
disputed in any way. The Examiner therefore adopts this conclusion as part of the
recommendation to the Council.
4.
The Examiner concludes that, with conditions, the application for approval of the
preliminary plat will be consistent with the public health, safety, and welfare and should
be approved.
V. RECQ;\1J\1E1\'DA TION
The application for approval of the Mirror Lake Terrace Preliminary Plat application to
subdivide 4.96 acres into 1910ts for single family houses should be APPROVED, subject to the
following conditions of preliminary plat approval':
, The Examiner notes that the City and the applicant are in substantial agreement on the
conditions to be applied, and that no one presented testimony in opposition to approval of the
plat, or expressed any specific concerns regarding the conditions recommended in the staff
report. The Examiner's revisions to the recommended conditions are for the purpose of
clarification. The revisions are indicated in bold type to facilitate review.
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MIRROR LAKE TERRACE, PRE-PLAT
FILE #ILA-90-0015-SUB; FWHE #91-9
PAGE 9
1.
Compliance with all platting provisions of Title 19 of the King County Code.
2.
All persons having an ownership interest in the subject property shall sign on the
face of the final plat a dedication which includes the language set forth in King
County Council Motion no. 5952. (See Exhibit 2)
3.
The area and dimensions of all lots shall meet the minimum requirements of the
SR 7,200 zone classification of King County at the time of submittal of the
application.
4.
The applicant must obtain final approval from the King County Health
Department.
5.
All construction and upgrading of public and private roads shall be done in
accordance with the King County Road Standards established and adopted by
Ordinance No. 8041.
6.
The applicant must obtain the approval of the King County Fire Protection
Engineer for the adequacy of the fire hydrant, water main, and fire flow standards
of Chapter 17.08 of the King County Code, and applicable City codes,
including those indicated in Exhibit Id.
7.
Final plat approval shall require full compliance with drainage provisions set forth
in King County Code 9.04 and current storm drainage requirements and
guidelines as established by Surface Water Management. Compliance may result
in reducing the number andlor location of Jots as shown on the preliminary
approved plat. The folIowing conditions represent portions of the Code and
requirements and shall apply to all plats:
a.
BALD Approval of the drainage and roadway plans is required prior to
any construction.
b.
A separate Erosion and Sediment Control (ESC) plan for this project shall
be submitted with the engineering plans. The plan shall show areas to be
cleared (limits "of the c1earing) and provide a schedule of construction
(construction sequence).
e.
Retention/detention (RID) pond and biofiltratjon swaJe sha1l be located in
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MIRROR LAKE TERRACE, PRE-PLAT
FILE #ILA-90-0015-SUBj FWHE #91-9
PAGE 10
d.
an easement or a tract at the extreme downstream end of the site.2 The
biofiltration swale shall be designed to treat the peak runoff for a 2-year,
24 hour duration design storm. Maintenance access shall be provided to
all facilities. This will'require a l5-foot access roadway to all manholes
(RiD). Access must also be provided for maintenance of the entire pond.
Prior to recording of the final plat, those portions of the
retention/detention facility necessary to control the flows discharging from
the site shall be constructed and operational,
e.
Oil/water separation facilities shall be provided at each point of permanent
storm drainage release from the site so contaminants do not enter natural
drainage features. In addition to standard King County 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 includes 200 feet of broad, flat-bottom,
grass-lined swales) or equivalent systems.
f.
Drainage outlets (stub-outs) shall be provided for each individual lot,
except for those lots approved for infiltration by King C9unty. Stub-out
shall be shown on the engineered plans and shall conform to the
following:
l)
Each outlet shall be suitably located at the lowest elevation on the
lot, so as to service all future roof downspouts and footing drains,
driveways, yard drains necessary to render the lots suitable for
their intended use. Each outlet shall have free-flowing, positive
drainage to an approved storm water conveyance system or to an
approved outfall location.
2)
Outlets on each Jot shaH be located with a five-foot-high, 2" x 4"
, 2 Whether these facilities must be located within a tract, or whether easements would be
permissible, was the subject of some debate between the City and the applicant at the public
hearing. The specific details on access roadways also were discussed, The City's concerns
regarding access to and maintenance of bio-filtration swales placed in easements over developed
Jots are Jegitimate ones. However, since the exact location for proper placement of the drainage
swale has not yet been determined, the flexibility to allow location within easements should be
retained.
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stake marked "storm" or "drain." The stub-out shall extend above
surface level, be visible and be secured to the stake.
3)
Pipe material shall conform to underdrain specifications described
in KCRS 7.04 and, if non-metallic, the pipe shall contain wire or
other acceptable detection feature.
4)
Drainage easements are required for drainage systems designed to
convey flows through more than one lot.
5)
The developer andlor contractor is responsible for coordinating the
location of all stub-out conveyance lines with respect to the utilities
(e.g. power, gas telephone, television).
6)
All individual stub-outs shall be privately owned and maintained
by the lot home owner. .
"
""
In some cases, on-site infiltration systems may be accepted for detention
for the lots depending on soil conditions. To determine the suitability of .
the soil for infiltration systems, a soils report that includes percolation
tests and a soil log taken at 6-foot minimum depth shall be submitted by
a professional engineer, or soil specialist. 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 increase hydraulic loading
on slopes and structures. Soil permeability data obtained from the design
of the septic system may be used for the dryweI1 retention system,
provided data is submitted verifying that no impervious layer exists within
6 feet of the soil surface. lf the soiJs report is approved, the infiltration
systems shall be installed at the time of the building permit. A note to
this effect shall be pJaeed on the map page of the recorded document.
The drainage plan and the recorded document shall indicate each lot
approved for infi1tration.
Include with the drainage plan a downstream analysis. This analysis must
extend for minimum distance of 1/4 mile from the point of release of each
flow discharging from the site. The analysis must address any existing
problems with flooding, capacity, ovenoppjng, scouring, sloughing,
erosion or sedimentation of any drainage facility, whether natural or
human-made. Probable impacts due to construction of the project must
MIRROR LAKE TERRACE, PRE-PLAT
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also be addressed with respect to these same concerns. Where this
analysis reveals more restrictive conditions, more stringent drainage
controls may be required than would otherwise be necessary for a project
of this type. These controJs may include additional on-site rate andlor
volume controls, off-site improvements, or a combination of the both.
Any off-site improvements will require the approval of all affected
property owners.
1.
Current standard notes and ESC notes, as established by BALD
engineering review, shall be placed on the engineered plans.
j.
The following notes shall be provided on the map page of the recorded
document:
"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 witn BALD and/or the Department of Public Works. This plat
shall be submitted with the application' of any building permit. All
connections of the drains must be constructed and approved prior to the
final building inspection approval. For those lots that are designated for
individual lot infiltration systems, the systems shall be constructed at the
time of the building permit and shall comply with plans on file."
8.
Due to the erosion hazard, clearing shall be limited to those areas required for
construction of roadways and utilities prior to recording.
9.
An uninventoried wetland (King County Type 3) exists at the northeast corner of
the proposed subdivision. The following conditions shall be satisfied with respect
to this wetland:
a.
The wetJand plus a 25-foot buffer shall be designated as a Native Growth
Protection Easement (NGPE).
b.
The boundary of the 25-year floodplain shall be determined by the
applicant's engineer. Any portion of the 25-year floodplain extending
beyond the wetland buffer shall also be designated as NGPE. Compliance
with this condition may resu1t in reducing the number and/or location of
"
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MIRROR LAKE TERRACE, PRE-PLAT
FILE #ILA-90-00l5-SUB; F\VHE #91-9
PAGE 13
c.
10.
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lots as shown on the preliminary approved p]ans.
The NGPE shall be located within a separate tract and shown on the
approved engineering plans and recorded final plat.
d.
An additional l5-foot Building Setback Line (BSBL) shall be delineated
adjacent to the NGPE and shown on the approved engineering plans and
recorded final plat. An encroachment of S.W, 313th Ct. within the BSBL
may be alJowed, provided the impacts are fully mitigated.
e.
Stormwater generated by roadways within the proposed subdivision shall
pass through an oil/water separator and at least 200 feet of biofiltration or
equivalent prior to discharge into the wet]and.
f.
An existing 8-inch concrete culvert presently serves as the outlet for the
wetland. The final engineering p]ans for the construction of S.W. 313th
Ct. and the possible replacement of the culvert shall ensure that the
hydraulic function of the wetland is not altered.
The following statement shall be shown on the approved engineering plans and
recorded final plat:
BuiJdin~ Setbacks and Native Growth Protection Easements
Structures, fill and obstructions (including, but not limited to decks, patios,
outbuiJdings, or overhangs beyond 18 inches) are prohibited within the building
setback line (BSBL) and restricted floodplains (if applicabJe), 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 incJudes
the preservation of native vegetation for all purposes that benefit the public
health, safety and weJfare, including control of surface water and erosion,
maintenance of slope stability, visual and aural buffering, and protection of pJant
and anim3l 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
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MIRROR LAKE TERRACE, PRE-PLAT
FILE IIILA-90-0015-SUBj FWHE #91-9
PAGE 14
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12.
13.
l4.
Development or its designated agency.
Before and during the course of any grading, building construction, or other
development activity on a lot subject to the NGPE, the common boundary
between the easement and the area of development activity must be fenced or
otherwise marked to the satisfaction of the City of Federal 'Yay.
11.
Several areas of the site appear to be seasonally saturated with groundwater.
These areas are at the following approximate locations (as per the revised plan
received by King County on August 31, 1989): lots 11, l2, 18 and 19, and S.W.
313th Court. A geotechnical report detailing the soil and groundwater conditions
at these Jocations shall be prepared by a professional geotechnical engineer. The
report shall make specific recommendations for the design of a dewatering plan
and a roadway subgrade plan which 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 final
geotechnical recommendations.
To protect downstream property owners from increased runoff, an interceptor
trench shall be installed in the vicinity of the southern and western boundaries of
the proposed subdivision.
The downstream stormwater conveyance system traverses the existing PUD of
Hidden Lane. The condition and capacity of the conveyance system shall be
inspected and evaluated in detail by the applicant's design engineer. On-site
runoff shall be limited to the existing available capacity in the downstream system
less any bypass and off-site flows which are also conveyed by this system. If the
existing conveyance system through the Hidden Lane PUD is found to be
inadequate to handle overflow conditions, replacement or repair of the system
may be required.
An existing ditch, which currently drains the wetland, traverses the southern
portion of the proposed subdivision. The existing ditch shall be fi]]ed and the
flows transferred to a approve.:J storm water conveyance system. If feasible, these
flows should bypass the retention/detention (RID) facility.
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MIRROR LAKE TERRACE, PRE-PLAT
FILE #ILA-90-0015-SUBj FWHE #91-9
PAGE lS
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l6.
17.
l8.
19.
20.
l5.
Off site flows from upstream property to the north appear to enter the site of the
proposed subdivision. The final engineering plans shall include an adequate
stormwater conveyance system to colJect all off-site flows. This condition may
require extensions of the storm water conveyance system (with appropriate
easements) to the property boundary.
a)
8th Avenue S.W., where it abuts the site, shall be improved to full width
urban "neighborhood colJector" standards (for the wester half of the street)
per King County Road Standards (KCRS) 2.03, un1ess a variance is
obtained from the Department of Public Works. The improvement shall
be the full length of right-of-way that abuts the site. The southern
terminus of these improvements shall match the existing roadway eross-
section and alignment of 8th Avenue S.W. where it connects with the
existing subdivision of Mirrorwood except that the curb shall transition
from rolled to vertical.
b)
Any portion of existing 8th Avenue S.W. which cannot match the required
improvements (for proposed 8th Avenue S.W.) shall be reconstructed to
match the required 8th Avenue S.W. improvements per condition 8(a).
c)
All improvements to 8th Avenue S.W. shall include associated storm
drainage conveyance, treatment, and detention facilities as appropriate.
Thirty feet of additional right-of-way for 8th Avenue S. W. shall be dedicated to
the City and shown on the revised preliminary plat map dated August 3l, 1989.
There shall be no direct vehicular access to or from 8th Avenue S.W. from any
lot which abuts it.
The internal roadway system shalJ be improved to urban sub-access street
standards (KCRS 2.03).
Lots 2 and 3 shall have undivided ownership of Tract B and be responsible for
its maintenance. Tract B shall be 26 feet wide and improved with a 22-foot-wjde,
paved surface and controlled drainage. Landscaping shall be pJanted on each side
of the paved access road with trees, shrubs, and groundcover.
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~nRROR LAKE TERRACE, PRE-PLAT
FILE #ILÀ-90-0015-SUBj FWHE #91-9
PAGE 16
21.
22.
23.
24.
The planter islands (if any) within the cul-de-sacs shall be maintained by the
abutting lot owners. This shall be stated on the face of the final pJat.
An lots adjoining an area or having area with a NGPE restriction shall be
provided with an acceptable boundary delineation, as determined by the City of
Federal Way, between the Jot or portions of the lot 'and the areas restricted with
the NGPE. Said boundary delineation shall be in place prior to any grading or
clearing of the subdivision and remain in place until a dwelling is constructed on
the lot and ownership transferred to the first owner-occupant.
If the paved width of S.W. 313th Court is Jess than 28 feet, four off-street
parking spaces shall be provided on each lot. This shall be stated on the face of
the pJat.
The applicant shall add paving to provide 6 feet of shoulder for pedestrian access
to the width of 8th Avenue S.W. between subject site and S.W. 3l2th Street
utilizing the existing easement if available. Striping shall be painted between the
shoulder and driving lane. Actual plans and striping shall be subject to Public
Works approval during the engineering pJan review.
Dated this 4th day of September, 1991.
~4~L ~
THEODORE P. HUNTER
VI. RIGHTS TO RECONSIDERA nON A1\l) APPEAL
Any person who has a right to appeal a dedsion 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 P]anning Department within seven (7) calendar days
after the date of issuance of the Hearing Examiner's decision. The person requesting the
reconsideration shall specify in the request what aspect of the decision he or she wishes to have
reconsidered and the reason for the request. The distribution of the request and the response to
the request shall be governed pursuant to the provisions of the Federal Way Zoning Code.
Within ten (10) working days after receiving a request for reconsideration, the Hearing Examiner
shall notify the persons who have a right to appeal under the Federal Way Zoning Code, whether
or not the decision will be reconsidered. The Hearing Examiner may reconsider the decision
MlRROR LAKE TERRACE, PRE-PLAT
FILE #ILA-90-0015-SUB; FWHE #91-9
PAGE 17
EXH~8íT ~_m'--
Pitt?'\"'" ...., O.ç 11
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only if he or she concludes that there is substantial merit in the request. The process of the
reconsideration will be followed in accordance with the Federal Way Zoning Code. The decision
of the Hearing Examiner may be appealed by any person who is to receive a copy of that
decision under Section l50.65 of the Federal Way Zoning Code. That appeal, in the form of
a letter of appeal, must be delivered to the P1anning Department within fourteen (l4) calendar
days after the issuance of the Hearing Examiner's decision or, if a re<iuest for reconsideration
is fiJed, then within fourteen (14) calendar days of either the decision of the Hearing Examiner
denying the request for reconsideration or the reconsidered decision. The letter of appeal must
contain a clear reference to the matter being appealed and a statement of the specific factual
findings and conclusions of the Hearing Examiner disputed by the person filing the appeal. The
person filing the appeal shall include, with the Jetter of appeal, the fee established by the City.
The appeal will not be accepted unless it is accompanied by the required fee. The decision of
the Hearing Examiner may be appealed whether or not there was a request to reconsider the
Hearing Examiner's decision.