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Res 93-140 RESOLUTION NO. 93-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF REDONDO FIRS, KING COUNTY BUILDING AND LAND DEVELOPMENT FILE NO. S90POOO2 (FEDERAL WAY FILE NO ILA-90-0018-SUB). WHEREAS, the applicant, Chuck Holcom, Jr., applied to King county for preliminary plat approval to subdivide certain real property consisting of 3.75 acres located at South 278th street, east of Pacific Highway South and north of South 277th Place into seven (7) single family lots; and WHEREAS, subsequent to the application, but prior to the Hearing Examiner hearing on the preliminary plat, the City of Federal Way incorporated; and WHEREAS, an interlocal agreement between the City of Federal Way and King County requires that the City make decisions on the preliminary plat application using Federal Way procedures and King County substantive criteria; and WHEREAS, the Federal Way Land Use Hearing Examiner held a puÞlic hearing on March 23,1993, concerning the preliminary plat of Redondo Firs; and WHEREAS, at the conclusion of said hearing the Federal Way Land Use Hearing Examiner issued its Findings, Conclusions, Conditions, Recommendations and Decision on April 5, 1993; and WHEREAS, the city Council of the City of Federal Way is the governmental body now having jurisdiction and authority to pass COpy upon the aþproval, denial or modification of the conditions of said preliminary plat using the substantive criteria of the King County Codes; and WHEREAS, the city Council having considered the written record and Recommendation of the Hearing Examiner, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW and all other applicable city Codes; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: section 1. Findinas of Facts. Conditions and Conclusions. The Findings, Conclusions and Recommendations of the Federal Way Land Use Hearing Examiner issued on April 5, 1993, following a hearing held on March 23, 1993, which included a recommendation to approve the preliminary plat of Redondo Firs subject to certain conditions, are hereby adopted as the Findings, Conclusions and Conditions of the city Council. section 2. ADDlication ADProval. Based upon the Findings, Conclusions and Recommendations of the Federal Way Land Use Hearing Examiner, as adopted by reference by the city Council set forth hereinabove, the preliminary plat of Redondo Firs, Building and Land Development File No. S90POO02 (Federal Way File No. lLA-90-0018-SUB) is hereby approved subject to the Conditions contained in the Recommendation of the Federal Way Land Use Hearing Examiner Report for this matter dated April 5, 1993, attached hereto as Exhibit A and incorporated by this reference. 2 Kesolution No. 93-140 section 3. Conditions of Approval Inteqral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the Hearing Examiner for the City of Federal Way to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety and general welfare and other factors as required by RCW Chapter 58.17 and applicable county and/or City ordinances, rules and regulations and forward such recommendation to the City Council for further action. 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 4th DAY OF May , 1993 CITY OF FEDERAL WAY ~Js~ 3 Resolution No. 93-140 APPROIO AS TO FORM, \ i'---- C~ATTORNEY, CAROLYN A. LAKE FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 93-140 Kazhleen lreso Iredðndo..firs April 28.1993 May 4,1993 4 BEFORE THE HEARING EXAMINER OF THE CITY OF FEDERAL WAY IN THE MATTER OF THE APPLICATION OF: ) ) ) ) ) ) ) ) ) ) KING COUNTY FILE #S90POOO2 FILE #ILA-90-00l8-SUB FWHE #93-1 CHUCK HOLCOM, JR., FOR PROPOSED PLAT OF REDONDO FIRS Approval of Preliminary Plat RECO1\11I1ENDA TION I. SUMMARY OF APPLICATION Redondo Firs is a proposed subdivision of 3.75 acres into seven (7) single family lots with access proposed to be off of 21st Place South and Pacific Highway South (Exhibit A). Lot sizes range from 12,400 to 31,950 square feet with an average lot size of l5,061 square feet. There is a Class ill Wetland in the west-central portion of the site. The proposal falls within a suburban residential (SR-7200) zone. IT. PROCEDURAL INFORMATION At th.e hearing the following presented testimony and evidence: 1. Margaret Clark, Senior Planner, City of Federal Way 33530-1st Way South, Federal Way, WA 98003 2. Andy King, Triad Associates 11415 NE 128th Street, Kirkland, WA 98034 3. Ron Garrow, Senior Development Engineer, City of Federal Way 33530-1st Way South, Federal Way, WA 98003 At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. Staff Report with Exhibits a. PreJiminary Plat Map b. Vicinity Map c. Mitigated Determination of Non-Significance EXHI81T .il. COpy REDONDO FIRS PRELIMINARY PLAT KING COUNTY FILE #S90POO02 FILE #ILA-90-0018-SUBj FWHE #93-1 PAGE 2 d. e. f. g. h. i. j. k. 1. m. n. o. p. q. 2. 3. 1. r. Preliminary Plat Map Environmental Checklist Letter from Federal Way Public Schools dated 12/23/92 Communication from Pat Kettenring, Fire District, dated 12/31/92 Community Development Technical Review Committee Report from Federal Way Water and Sewer dated 12/31/92 Letter from C. Gary Schulz, Wetland/Forest Ecologist, dated 5/26/91 Vicinity Map Geotechnical Investigation King County Roåd Adequacy Standards (KC Code 21.49) Location Map of Sidewalks Relative to Existing Bus Stops City Department of Community DeveJopment Technical Committee Report dated 4/18/91 King County Certificate of Water Availability King County Certificate of Sewer Availability Seattle-King County Department of Public Health/Environmental Health Services Application for Preliminary Health Department Subdivision Approval King County Council Motion #5952 dated 3/26/84 Applicant's Proposed Revisions to Staff Conditions Copy of Applicable King County Road Standards ill. FINDINGS The applicant has a possessory ownership interest in a 3.75 acre parcel of property located at the terminus of South 278th Street in north Federal Way, north and east of the single fanlily residential subdivision of Scarbrough Divisions 1 and 2. The site is east of Pacific Highway South and north of South 277th Place. A preliminary plat application was fùed approximately one month prior to the effective date of the formation of the City of Federal Way and, therefore, this preliminary plat is considered under King County plans, regulations, and codes in effect on the date of application (February 1, 1990). Both the King County and Federal Way Zoni11g Codes classify the site for single family residential dwellings on minimum 7,200 square foot lot sizes. 2. The applicant is proposing a single family residential plat consisting of seven (7) lots, with a minimum lot size of l2,4oo square feet and maximum lot size of 31,950 square feet, with an average lot size of 15,06l square feet. On October 9, 1992, the City of Federal Way, as lead agency, issued a Mitigated Determination of Non-Significance (MDNS) and no appeals were filed~ REDONDO FIRS PRELIMINARY PLAT KING COUNTY FILE #S90POO02 mE #ILA-90-0018-SUB; FWHE #93-1 PAGE 3 3. The topography of the site is hilly and a stream flows from southwest to northeast across the western portion of the site. Slopes around the stream are as steep as twenty-five (25%) percent. The U,S. Soil Conservation Service-King County Soil Survey, establishes that the soils on the site are Alderwood Gravelly Sandy Loam with some areas of Everett Gravelly Sandy Loam. In addition, the applicant commissioned a geotechnical study of the site, which was prepared by Dennis Joule, P.E., and submitted on March 1, 1991. The geotechnical report establishes that the slopes exhibit no evidence of instability, and that if recommendations contained in the report are followed, both the existing slopes and the slopes created during construction should remain stable. A condition in the MDNS agreed to by the applicant is that all recommendations of the geotechnical report be complied with during development of the site. Furthermore, an erosion and sedimentation control plan will be prepared by the applicant and reviewed by the City to ensure compliance with King County Ordinance #4938 and the 1990 Surface Water Manual. The soil types, geotechnical report, and future review will assure that no adverse impacts will occur due to erosion, and that the soils are adequate to allow development of the site as proposed. 4. An intermittent stream flows from the southwest to the northeast and there is an asspciated Class ill Wetland located on the western portion of the site. The Class. ill Wetland is the least valuable of all wetlands and in 1990 King County required a twenty- five (25) foot wetland buffer and a fifteen (15) foot building setback line from the buffer. The stream will be protected from storrnwater impurities by a grass-lined biofIltration swale. The conditions of approval requiring compliance with the King County Surface Water Design Manual and the erosion sedimentation control plan are sufficient to protect the intermittent stream and associated wetland. 5. Due to past logging activities, the majority of the site is forested upland dominated by mature deciduous trees with scattered second and third growth conifers. The wetland and intermittent stream border is characterized by big leaf maple, red alder and other trees associated with salmon berry understory. A site visit by staff establishes that there are no threatened or endangered species on site and that the riparian corridor is an isolated natural drainage area influenced by stormwater run off flows due to recent development. The twenty-five (25) foot native buffer is satisfactory to protect existing plants and wildlife within the corridor. 6. The plat map reveals that six (6) lots are proposed east of the wetland and corridor and will access the extension of South 278th Street, which will be known as 21st Place South. Lot seven (7) is on the west side of the corridor and at present has no access. If legal access cannot be provided, the lot must either be designated as open space or sold to a surrounding property owner. REDONDO FIRS PRELIMINARY PLAT KING COUNTY FILE #S90POO02 FILE #ILA-90-0018-SUB; FWHE #93-1 PAGE 4 7. 9. l2. The site will generate approximately seventy (70) average daily trips, sixty (60) of which will utilize 21st Place South, with the remaining ten (10) trips onto Pacific Highway South (assuming access is provided to lot seven (7». A traffic impact study is not required due to the light traffic volume and no change in level of service at any street intersection in the immediate vicinity. The plat road will be constructed to 1987 King County standards. The roads serving the plat are adequate. 8. Students residing in the plat will attend schools operated by the Federal Way School District, which will finance needed facilities by using a combination of construction bonds, impact fees, and State matching funds. The applicant will provide sidewalks on both sides of 21st Place South, extending into the bulb of the cul-de-sac. School bus stops located in the vicinity are accessed by sidewalks at present, thus adequate provision is made for schools and for the safety of children walking to bus stops. The applicant is not providing neighborhood parks, but has agreed to pay the sum of $8,269 to the City of Federal Way in order to mitigate impacts on existing open space and recreational facilities. The applicant has, therefore, made appropriate provisions for parks and recreation. 10. The Federal Way Water and Sewer District will provide both potable water and fIre flow to the site. The sewer service will be provided by the Midway Sewer District, which has provided a Certificate of Sewer Availability. Adequate provision is made for water and the satisfactory disposal of sanitary waste. 11. The storm drainage system will be designed in conformance with the 1990 King County Surface Water Design Manual. An infiltration system is proposed to collect run off generated by roof and footing drains. Run off from impervious road surfaces will be detained in an underground detention pipe and released at predevelopment rates into a grass-lined bioftltration swale located in Tract C, which parallels the riparian corridor. Storm drainage run off from the site will contribute to an existing flooding problem on South 272nd Street and South Star Lake Road. The MDNS requires the applicant to contribute a prorata share of $5,808 to rectify the flooding problem. The applicant will design the plat storm drain system to accommodate the one hundred (100) yearltwenty- four (24) hour storm event with maximum release rate of approximately seventy (70%) percent of the two (2) year/twenty-four (24) hourpredevelop rate. The proposed storm drain system and off site mitigation funds make adequate provision for plat storm drainage. The 1985 King County Comprehensive Plan designates the site as Urban. The proposed subdivision is not in conflict with the policies of the King County Comprehensive Plan. REDONDO FIRS PRELIMINARY PLAT KING COUNTY FILE #S90POOO2 FILE #ILA-90-0018-SUBj FWHE #93-1 PAGE 5 13. 14. The proposal is also located within the Federal Way Community P1anni11g Area, which designates the project area as single family with a recommended density of between four (4) and nine (9) dwelling units per acre. Since this plat is proposed at a density of less than two (2) dwelling units per acre, it is substantially less than the recommended density . The only issue unresolved between staff and the applicant is whether rolled curbs or vertical curbs should be provided on the plat road. The applicant desires to provide rolled curbs to match the existing curbs on streets in the Scarbrough division. Public Works desires a vertical curb and gutter section, which provides a more difficult obstacle for cars to overcome to get onto a sidewalk. The applicant's reason for requesting rolled curbs is for continuity and to provide more flexibility for driveway cuts. The King County Road Standards of 1987 allow a choice of vertical or rolled curbs. It is the Examiner's opinion that since this site is a new subdivision and not a part of the Scarbrough division, it should be developed in accordance with present standards as much as possible. The lots surrounding the cul-de-sac are quite narrow (25 feet) and rolled curbs may not adequately define the driveways. In addition, children generally play within eul-de-sacs and on dead end streets. For safety purposes, the vertical curbs should be required. The Federal Way Zoning Code provides that preliminary plat applications are reviewed under Process ill. Under this process, the Hearing Examiner makes a recommendation to the Federal Way City Council, which will then make the final decision as to approve or disapprove the proposed plat. Prior to making a recommendation, the Examiner must fInd that the specific Process ill decisional criteria are met. Findings required on each criteria are hereby made as follows: a. The project is consistent with the King County Comprehensive Plan and the Federal Way Community Plan, both of which recommend relatively high density single family residential for both the area and the site. b. The project may not be consistent with all applicable provisions of the Federal Way Zoning Code,. but is consistent with all applicable provisions of the King County codes in effect on the date of submission of the completed plat application. The plat complies with Title 19 of the King County Subdivision Ordinance, RCW 58.17 and the SR 7,200 Zoning District. c. Assuming the applicant complies with conditions of approval contained in the MDNS and hereinafter, the public health, safety and welfare will be protected. REDONDO FIRS PRELIMINARY PLAT KING COUNTY FILE #5901'0002 FILE #ILA-90-0018-SUBj FWHE #93-1 PAGE 6 IV. CONCLUSIONS The applicant has established that the proposed preliminary plat of Redondo Firs is consistent with the King County Comprehensive Plan, the Federal Way Community Plan, the SR 7,200 zone, Title 19 of the King County Subdivision Ordinance, all other applicable King County codes and policies, and RCW 58. l7. 110. This proposed preliminary plat makes appropriate provisions for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sarutary waste, parks, playgrounds, sites for schools and school grounds, and considers all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school. The proposed preliminary plat of Redondo Firs will- serve the public use and interest by providing an attractive location for single family residential development in the north portion of the City of Federal Way and should be approved by the Federal Way City Council, 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 zone classification. 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 R) except as modified for the City of Federal Way. 4. A Developer Extension Agreement must be entered into between the applicant and the Federal Way Water and Sewer District for the water system. 5. Approval shall be obtained from the Midway Sewer District for the sewer system. 6. The applicant must obtain final approval from the King County Health Department. 7. The applicant must obtain the approval of the City of Federal Way for the adequacy of the rITe hydrant, water main, and rITe flow standards. 8. In lieu of providing an approved turnaround for emergency vehicle access for Lots five (5) and seven (7), the applicant may request that the subject residences to be constructed on these two lots be sprinkled. 9. An uninventoried Class ill Wetland exists on the site of the proposed subdivision. The following conditions shall be satisfied with respect to this wetland: REDONDO FIRS PRELIMINARY PLAT KING COUNTY FILE #S90POO02 FILE #ILA-90-0018-SUB; F\VHE #93-1 PAGE 7 e. d. 10. a. The uninventoried wetland and stream feature that have both been field surveyed shall be protected by a twenty-five (25) foot buffer and shall be designated by as a Native Growth Protection Easement (NGPE). b. The NGPE shall be located within a separate tract and shown on the approved engineering plans and recorded final plat. An additional 15-foot Building Setback Line (BSBL) shall be delineated adjacent to the NGPE and shown on the approved engineering plans and recorded final plat. No improvements or intrusions except a biofiltration swale shall be allowed within the BSBL. The plan shall mitigate the potential impact of the human intrusion into the wetland by providing permanent fencing (Refer to Condition #13). The following statement shall be shown on the approved engineering plans and recorded final plat: "Building Setbacks and Native Growth Protection Easements Structures, fill and obstructions (including, but not limited to decks, patios, outbuildings, or overhangs beyond 18 inches) are prohibited within the building setback line (BSBL) and within the Native Growth Protection Easement as shown. Dedication of aNative Growth Protection Easement (NGPE) conveys to the public a beneficial interest in the land within the easement. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety, and welfare, including control of surface water and erosion, maintenance of slope stability, visual and aural buffering, and protection of plant and animal habitat. The NGPE imposes upon all present and future owners and occupiers of the land, subject to the easement, the obligation, enforceable on behalf of the public by the City of Federal Way, to leave undisturbed all trees and other vegetation within the easement. The vegetation within the easement may not be cut, pruned, covered by fill, removed, or damaged without express permission from the City of Federal Way, which permission must be obtained in writing from the City of Federal Way Department of Community Development or its successor agency. REDONDO FIRS PRELIMINARY PLAT KING COUNTY FILE #S90POO02 FILE #ILA-90-0018-SUBj FWHE #93-1 PAGE 8 11. 12. 13. 14. Before and during the course of any grading, building construction, or other development activity on a lot subject to the NGPE, the common boundary between the easement and the area of development activity must be fenced or otherwise marked to the satisfaction of the City of Federal Way or its successor agency. " At the time of recording of the final pJat, the NGPE shall be dedicated to a Homeowners Association or other workable organization in order to provide for its ownership and continued maintenance. The Declaration of Protective Covenants, Conditions, and Restrictions of the Homeowners Association shall be reviewed by the City of Federal Way prior to recording to ensure that adequate provisions are made for ownership and maintenance of the NGPE and other open space areas. 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 adjoini11g lot or ownership of that lot transferred to the fmt owner-occupant. This fence must be constructed of such material which would allow visibility of the NGPE from the lots. Final plat approval shall require full compliance with drainage provisions set forth in the 1990 King County Surface Water Design Manual. Compliance may result in reducing the number andlor location of lots as shown on the preliminary approved plat. The following conditions represent portions of the Manual 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 cleared 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. Due to erosion hazard and the presence of wetlands on-site, clearing shall be limited only to those areas required for construction of roadways and utilities. Prior to any clearing or REDONDO FIRS PRELIMINARY PLAT KING COUNTY FILE #S90POOO2 FILE #ILA-90-0018-SUB; FWHE #93-1 PAGE 9 grading, a boundary delineation acceptable to the City of Federal Way shall be provided between lots and areas designated as a NGPE. Said boundary delineation shall remain in place until a dwelling is constructed on the lot or ownership transferred to the first owner-occupant at which time a five foot fence meeting the requirements of Condition #13 shall be constructed. c. Retention/detention (RID) and biofiltration facilities shall be located in separate tracts and dedicated to the City of Federal Way, unless located within improved City of Federal Way rights- of-way. Access for maintenance shall be provided to all facilities. This will require a IS-foot access roadway to all manholes (RID). Tract C (Biofiltration and Maintenance Tract) shall be a minimum of 45 feet wide. The detention system shall be designed to accommodate the 100-year 24-hour storm event with a maximum release rate of approximately 70 percent of the 2-year 24-hour pre- developed storm. d. Prior to recording of the final plat, those portions of the retention/detention and biofiltration facilities necessary to control the flows discharging from the site shall be constructed and operational. e. Oil/water separation facilities shall be provided at each point of permanent storm drainage release from the site to prevent contaminants from entering the natural drainage features. In addition to oil/water separators, the applicant is required to provide bioftltration 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. f. Drainage outlets (stub-outs) shall be provided for each individual lot, except for those lots approved for infIltration by the City of Federal Way. Stub-outs shall be shown on the engineered plans and shall conform to the following: 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, and any other REDONDO FIRS PRELIMINARY PLAT KING COUNTY FILE #S90POO02 FILE #ILA-90-0018-SUBj FWHE #93-1 PAGE 10 h. 4) 5) surface or subsurface drains necessary to render the lots suitable for their intended use. Each outlet shall have free-flowing, positive drainage to an approved stormwater conveyance system. 2) Outlets on each lot shall be located with a 2 "x4" stake marked "storm." The stub-out shall extend above surface level, be visible and be secured to the stake. 3) Pipe material shall conform with underdrain specifications described in KCRS 7.04 and, if non-metallic, the pipe shall contain wire or other acceptable feature detectable from the surface. Drainage easements are required for drainage systems designed to convey flows through more than one lot. 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 increased hydraulic loading on slopes and structures. If the soils report is approved, the infIltration systems shall be installed at the time of the building permit. Anote 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 inf11tration. g. A downstream drainage analysis shall be included with the drainage plan. This analysis must extend for a minimum distance of 1,4 mile from the point of release of each flow discharging from the site. The analysis must address any existing problems with flooding, capacity, overtopping, scouring, sloughing, erosion, or sedimentation of any drainage facility, whether natural or man- 16. 17. 18. REDONDO FIRS PRELIMINARY PLAT KING COUNTY FILE #890PO002 FILE #ILA-90-0018-SUBj FWHE #93-1 PAGE 11 made. 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 andlor 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 Sedimentation 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 fmal plat map: "All building downspouts, footing drains, and drains from all impervious surfaces, such as patios and driveways, shall be connected to the permanent storm drain outlet as shown on the approved construction drawings on file with the City of Federal Way Public Works Department under Project #ILA-90-0018-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 infiltration systems, the systems shall be constructed prior to certificate of occupancy and shall comply with plans on file. ' 15. Prior to fmal plat approval, a pro rata share of $5,808 shall be contributed by the developer towards the cost of Project Number 3323, a project to improve the flooding problem at South 272nd Street and South Star Lake Road. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 8041 (1987 King County Road Standards). 21st Place South shall be designed and constructed to Sub Access Street standards with thirty-six (36) foot sections, in order to match the existing street configuration to the south. This street shall have vertical curb, gutter and sidewalks along both sides. 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 plat. 21. 22. 23. 24. REDONDO FIRS PRELIMINARY PLAT KING COUNTY FILE #S90POO02 FILE #ILA-90-0018-SUBj FWHE #93-1 PAGE 12 19. Easements shall be provided for all utilities not located within public right of way. The width of the easements for the individual utilities shall be approved by the respective utility provider. These easements shall be clearly labelled on the face of the final plat. 20. A ten foot utility easement shall be provided along the front ten feet of all lots and tracts adjacent to the proposed streets. The following statement shall be noted on the face of the fInal plat: "Easement Reservations An easement is hereby reserved for, and granted to, any public utility and their respective successors and assigns, under and upon the front ten feet parallel with and adjoining the street frontage of all lots and tracts, in which to install, lay, construct, renew, operate, and maintain underground pipe, conduit, cables, and wires with necessary facilities and other equipment for the purpose of serving this subdivision and other property with utility service, together with the right to enter upon the lots at all times for the purposes herein stated. These easements entered upon for these pu¡poses shall be restored as near as possible to their original condition. No utility lines shall be placed or permitted to be placed upon any lot unless the same shall be underground or in conduit attached to a building. " Prior to fInal plat approval, a fee of $8,269 shall be paid to City of Federal Way Parks and Recreation Department to mitigate potential impacts on area parks. All development activities shall be designed and constructed in accordance with recommendations and conclusions contained in the March 1, 1991, Geotechnical Investigation prepared by Dennis Joule for the proposed development, as required by the Public Works Director and Building Official.. Supplemental geotechnical analysis and recommendations may be required by the Public Works Director or Building Official during development of the site. The applicant shall work with Puget Power to install a street light on-site. Prior to final plat approval, legal access shall be provided to Lot 7, or the lot shall be qesignated as open space and dedicated to the Redondo Firs Homeowners Association, or the applicant may sell the proposed lot to an abutting property owner. In the event that the applicant decides to sell the proposed lot to an abutting property owner, the applicant would submit a Boundary Line Adjustment application to the City of Federal Way for their review and approval prior to the recording of the final plat. REDONDO FIRS PRELIMINARY PLAT KING COUNTY FILE #S90POO02 FILE #ILA-90-0018-SUBj FWHE #93-1 PAGE 13 V. RECOMMENDATION It is hereby recommended to the City Council of the City of Federal Way that the proposed preliminary .plat of Redondo Firs be approved, subject to the conditions contained in the . conclusions above. VI. RIGHTS TO RECONSIDERATION AND CHALLENGE Any person who has a right to challenge a recommendation under the Federal Way Zoning Code may request the Hearing Examiner to reconsider any aspect of his or her recommendation by delivering a written request for reconsideration to the Planning Department within seven (7) calendar. days after the date of issuance of the Hearing Examiner's recommendation. The person requesting the reconsideration shall specify in the request what aspect of the recommendation he or she wishes to have reconsidered and the reason for the request. The distribution of the request and the response to the request shall be governed pursuant to the provisions of the Federal Way Zoni11g Code. Within ten (10) working days after receiving a request for reconsideration, the Hearing Examiner shall notify the persons who have a right to appeal under the Federal Way Zoning Code, whether or not the recommendation will be reconsidered. The H~~amine¡ may reconsider the recommendation only if he or she concludes that there is substantial merit in the request. The process of the reconsideration will be followed in accordance with the Federal Way Zoning Code. The recommendation of the Hearing Examiner may be challenged by any person who is to receive a copy of that recommendation pursuant to FWZC 155.60.6. That challenge, in the form of a letter of challenge, must be delivered to the Planni11g Department within fourteen (14) calendar days after the issuance of the Hearing Exarni11er's recommendation or, if a request for reconsideration is fIled, then within fourteen (14) calendar days of either the decision of the Hearing Examiner denying the request for reconsideration or the reconsidered recommendation. The letter of challenge must contain a clear reference to the matter being challenged and a statement of the specific factual findings and conclusions of the Hearing Exarni11er disputed by the person filing the challenge. The person filing the challenge shall include, with the letter of appeal, the fee established by the City. The challenge will not be accepted unless it is accompanied by the required fee. The recommendation of the Hearing Examiner may be challenged whether or not there was a request to reconsider the Hearing Examiner's recommendation. DATED this 5th day of April, 1993. n Examiner 1,\F~CHRlSG\HEXREFIRS