Res 95-214
,. I '" þ
RESOLUTION NO.
95-2l4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, APPROVING THE
FINAL PLAT OF BELLACARINO WOODS, DIVISION II,
KING COUNTY BUILDING AND LAND DEVELOPMENT FILE
NO. S108923, FEDERAL WAY FILE NO. ILA-90-PPO1,
WITH CONDITIONS.
WHEREAS, the preliminary plat for Bellacarino Woods, Division
II, King County Building and Land Development File No. S108923 and
city of Federal Way File No. lLA-90-PP01, was approved subject to
conditions, on February 18, 1992, by Federal Way Resolution No. 92-
97; and
WHEREAS, the applicant submitted the application for final
plat for Bellacarino Woods, Division II within the required time 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; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
HEREBY RESOLVES AS FOLLOWS:
section l.
Findinqs of Fact.
The Federal Way City
Council makes the following Findings of Fact:
1.
The final plat for Bellacarino Woods, Division II,
King County Building and Land Development File No.
S108923 and City of Federal Way File No. ILA-90-
PP01,
is
in
substantial
conformance
to
the
Res.#95-2l4, Pagel 1
~ð~Y
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.
2.
All conditions as listed in Federal Way Resolution
92-97, and the conditions in the November 18, 1991
Recommendation of the City of Federal Way Hearing
Examiner have been satisfied, and/or satisfaction
of the conditions have been sufficiently guaranteed
by the applicant.
3.
Ninety-eight
percent
(98%)
of
all
required
improvements have been made and sufficient bond or
assignment of funds have been accepted by the city
of
Federal
Way
as
financial
guaranty
for
maintenance of all required plat improvements.
4.
All taxes and assessments owing on the property
being subdivided have been paid.
section 2.
Approval.
Based upon the above Findings of
Fact, the final plat of Bellacarino Woods, Division II, King County
Building and Land Development File No. S108923 and City of Federal
Way File No. ILA-90-PP01 is approved, subject to satisfaction of
the following:
1.
Those conditions contained in the Recommendation of
the Federal Way Hearing Examiner dated November l8,
1991,
attached
hereto
as
Exhibit
"A"
and
Res.#95-2l4, Pagel 2
incorporated by this reference, as adopted by the
City Council in Federal Way Resolution No. 92-97;
and
2.
Execution and delivery of a Bond, Assignment of
Funds,
or other security instrument in form and
content
acceptable
to
the
City
sufficient
to
guarantee
satisfaction
of
the
maintenance
conditions that are required by the City.
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 Records.
All recording
fees shall be paid by the applicant.
section 4.
Severability.
If any section,
sentence,
clause or phrase of this resolution should be held to be invalid or
unconstitutional
by
a
court
of
competent
jurisdiction,
such
invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase
of this resolution.
section 5.
Ratification.
Any act consistent with the
authority and prior to the effective date of the resolution is
hereby ratified and affirmed.
ReS.#95-214, Pagel 3
Section 6.
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
October
, 1995.
CITY OF FEDERAL WAY
7 '~
7} ßê/~ .?? ~
MAYO~, ~Y E. GAT S
APPROVED AS TO FORM:
:~~
~c ;TT , LONDI K. LINDELL
09-26-95
lO-<>3-95
95-214
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
K:\RESO\BEllA.FIN
05-10-95
Res.~5-2l4, Pagel 4
. .
EXHIBIT "A"
nav 2 0 1991
RECOHMENDi\TION OF THE HEAnING EXNHNER
OF THE CITY OF FEDERi\L Wi\Y
For Preliminary Plat Approval of
that tract of land known as
BELLACARINO WOODS
Application)
JOINT VENTURE,)
)
)
)
)
)
)
FILE NO. ILA-90-0001-SUB
FWHE NO. 91-14
In the Matter of the
of BELLACARINO WOODS
RECOMMENDATION
I. BACKGROUND AND SUMMARY OF APPLI~ATION
The application is for approval of the subdivision of 34 acres into
116 single family lots. The preliminary plat application was
submi tted to King county on December 15, 19 8 8. The subj ect
property is located generally between S.W. 352nd Street and S.W.
356th street between 4th Avenue S.W. and 9th Avenue S.W. in a zone
designated by the county as Suburban Residential at the time the
application was filed. The county Building and Land Division (BALD)
conducted an environmental review under the State Environmental
policy Act and concluded that the project would have no significant
adverse impact on the environment. BALD therefore issued a
Mitigated Determination of Nonsignificance (MDNS) on October 31,
1989. This MDNS was appealed to the county Hearing Examiner. The
county Hearing E¡¡:aminer upheld the determination of BALD in' a
decision issued February 27, 1990, but required the applicant to
provide addi tional analysis of the level of service for the
intersection of S.W. 356th Street and 1st Avenue S.W. as part of
the preliminary plat review. The preliminary plat application was
revised in response to the MDNS and the decision of the County
Examiner.
After the incorporation of the city of Federal Way, this
application was transferred to the city for processing as part of
an interlocal agreement bétween,.'the city and King county on March
13, 1990. This application was placed on list "A" of that
interlocal agreement. The city has interpreted this to mean that.;-
although the city is now responsible for making a decision on the
preliminary plat appl;!.cation using city procedural regulations, the
application is to be reviewed under King County substantive
regulations in effect at the time of preliminary plat application.
After review of all the evidence presented at the public hearing,
the recommendation of the Examiner herein is that the preliminary
plat application be APPROVED with conditions.
DELLACARINO WOODS
FILE #ILA-90-0001-SUD - FffiIE #91-14
PAGE 2
II.
PROCEDURAL INFORMATION
Hearing Date: November 12, 1991
Decision Date: November 18, 1991
At the hearing the following presented testimony and evidence:
1.) stephen Clifton, Senior Planner, city of Federal Way
33530 - 1st Way south, Federal Way, WA 98003
2.) Cary Roe, Surface Water Manager, City of Federal Way
33530 - lst Way south, Federal Way, ~A 98003
3.) Tom Nishimura, Planner, Urban Design, Inc.
611 Market street, suite 8, Kirkland, WA 98033
4.) Greg Newhall, Newhall-Jones
12515 Bel-Red Road, Beblevue, WA
98005
5.) Kathryn Emery, Urban Design, Inc.
611 Market street, suite 8, Kirkland, WA
98033
6.) David Waranka
35507 - 6th Avenue S.W., Federal Way, WA
98023
7..) David Moore
35817 ~ 10th Avenue S.W., Federal Way, WA
98023
8.) Dr. H. Jake Walker, Federal Way School District
31405 - 18th Avenue south, Federal Way, WA 98003
9.) James Thode
35414 - 6th Avenue s.W., Federal Way, WA
98023
10.) patricia Owen
926 S.W. 356th street, Federal Way, WA
98023
11.) william A. Looney
Post Officie Box 66098, seattle, WA
98166
12.) Kim Adams
34709-9th Avenue south, suite 600, Federal Way, WA 98003
At the hearing the following exhibits were admitted as part of the
official record of these proceedings:
1.) Staff Report
a.) preliminary Plat Map
b.) Vicinity Map
BELL~CARINO WOODS
FILE #IL~-90-0001-SUB - FffiiE #91-14
P~GE 3
c.) Application for Preliminary Plat Approval-
d.) Mitigated Determination of Non-significance
(10/23/89)
e.) Preliminary Plat on which the Mitigated
Determination of Non-significance was Issued.
Letter of appeal (11/15/89)
Hearing Examiner's Decision ón SEPA Appeal (2/27/90)
King County Transmittal List (lO/23/90)
correspondence from Department of Transportation
(11/17/89)
j.) correspondence from King County community Planning
section (4/17/89)
k. ) correspondence from King County Conservation
District (4/6/89, 10/26/89):
l.) correspondence from Federal Way Public Schools
(11/1/89)
m.) Correspondence from Washington Natural Gas (2/28/89)
n.) correspondence from Seattle-King County Department
of public Health Services (12/7/88)
0.) correspondence from King County Fire District #39
(11/5/89; 1/12/90)
p. ) correspondence from King
(2/9/89)
q. ) Correspondence from Federal Way Water and Sewer
(11/28/89; 11/29/89).
r. ) correspondence from King county Traffic and
planning (10/16/89).
s.) correspondence from King county Surface Water
Management (5/15/89)
t.) Correspondence from King County Subdivision section
(10/23/89)
u.) correspondence King County. Subdivision section
(9/20/89)
y.) Federal Way Development Review correspondence from
Federal Way Water & Sewer (2/7/91)
w.) Federal Way Development Review correspondence from
King county Fire District #39 (2/7/91)
x.) Federal Way Development Review Correspondence fr9m
. Federal Way Building Department (2/6/91)
Soil classifications and Approximate Boundaries.
Map depicting existing drainage pattern.
King county slope-Density-Ratio Residential
Guidelines for Sloping Ground.
,ab.) King County Chapter 21.49
standards.
ac.) correspondence from Federal Way Public Schools
(7/23/91) .
ad.) Correspondence from Federal Way Public schools
(9/l4/90) .
f.)
g. )
h. )
L)
county
Engineering
y.)
z. )
aa.)
Road
Adequacy
BELL~C~RINO WOODS
FILE #ILÀ":<jO":öool":sUB ;.; FWHE #91-14
P~GE 4
1.
ae.) Map depicting nearby school bus stop locations.
af.) Map depicting Panther Lake community Par~location.
ag.) King County Motion 5952.
2.) Letter from Charles J. Connon to Hearing Examiner
3.) Letter from Bernice Joyce to Department of community
Development
4.) Letter from Bernard Mottershead to Department of
Community Development
5.) Letter from James Thode to Cary Roe
6.) Letter from Robert wilson to Stephen Clifton
7.) NGPE Language to Correct Condition #8 in staff Report to
Hearing Èxaminer.
8.) Additional Staff Report Language for Condition #22.
9.) King County Erosion/sedimentatio~ Notes
lO.) Federal Way standard Plan Notes
11.) Additional Staff Report Language for Condition #25.
12.) Letter from Mr. and Mrs. David A. Edson to the Hearing
Examiner.
III.
FINDINGS OF FACT
The applicant proposes to divide approximately 34 acres into
116 single family lots~ The subject property is located
generally between S.W. 352nd street and S.W. 356th street
between 4th Avenue S.W. "and 9th Avenue S.W.
2.
The subject property is located in a zone designated by the
county as Suburban Residential at the time the application .was
fiied. The King County comprehensive Plan in effect at the
time of the application designates the subject property as
Urban. The 1986 Federal Way community Plan and Area zoning
designates the subject property as single Family with 4 to 9
units per acre. .
3.
The site slopes downward from the west and north towards the
east and south. Elevatio~ ranges from 300 to 380 feet above
sea level. Slopes range from 2 ~o 40 percent with a majority
qf the site averaging 10 to 20 percent. A large closed
depression exists in the central area of the site. A m¡¡.jority
of the site drains toward the closed depression. This is
designated as. Tract A on the preliminary Plat Map. See,
Exhibit lA, page 2.
4.
Five types of soil èxist on the site. These are described in
detail in the Staff Report and are incorporated herein by
reference. Èxhibit,~, page 7. Some areas of the site are
subject to severe erosion hazards, Class III seismac hazard
and severe limitation for low building foundations. Exhibit
1, pages 7 and 8. .
BELLACARINO WOODS
FILE #ILA-90-0001-SUD - FWHE #91-14
PAGE 5
5.
The cl~sed depression on the site is of regional signIficance.
Approxlmately 239 acres of land, including the subject
property, contribute to the depression. See Exhibit 1Z.
Testimony from residents surrounding the site indicate that
large amounts of water collect in the closed depression with
water levels as deep as six feet.
6.
Vegetation on the site consists of second and third growth
coniferous and broad-leafed trees native to the Pacific
Northwest. The dominant trees are Douglas Fir and Madronna.
Salal, sword fern, berry vines and a variety of grasses also
cover the site. .
7.
A variety óf small birds and mammels inhabit the site. No
threatened or endangered species have been observed on the
site.
8.
The property surrounding the site is mostly in the process of
urban development. while only a few single family homes are
presently located in the general vicinity of the site, much
more development is likely to occur in the near future. The
recently recorded plat of Campus Highlands Division 5 is north
of the site. A vacant parcel of land north of the site is
owned by the Federal Way School District. The District
intends to construct an elementary school on this site by
1994. To the south of the site are the subdivisions of
Lorigan Manor Divisions 1 & 2. and Secoma Heights.
Approximately 700 feet to the west of the site is the Madronna
Meadows subdivision (229 single family lots). The proposed
subdivision of Forest Ridge is lo~ated nearby to the south of
the site (150 single family lots are proposed).
The applicant proposes to construct internal roads. with
vertical curbs, gutters and sidewalks. Sidewalks will be
located along both sides of a majority of the streets (except
cul-de-sacs). The proposed north/south 8th Avenue S.W. would
serve as the primary collector street with subcollectors,--
subaccess and minor access streets branching of it to serVe-
areas east and west of 8th Avenue S.W. 'The proposed streets
are more specifically described on page 10 and 11 of the Staff
Report, incorporated herein by reference, and on the
preliminary plat map. See Exhibit 1A.
9.
--10. The average lot size is 10,937 square feet. The largest lot -
(#49) is 17,500 square feet and the smallest lot (#96) is =
. 6,300 square feet. See Exhibit 1A.
BELLACARINO WOODS
FILE #ILA-90-0001-SUB -"Fm{E #91-14
PAGE 6
ll.
12.
13.
14.
15.
16.
Access to the subdivision will be from the south, via 8th
Avenue S.W. off of S.W. 356th, and from the north via 7th
Avenue S.W. under construction within the Campus Highlands
Division 5 Subdivision. Proposed roads also extend to the
east and west- edges of the subdivision to facilitate future
interneighborhood circulation. An extension of proposed 6th
Avenue S. W. is intended to provide future access to the
Federal Way School District property to the north.
The existing sight distance at the 8th Avenue S.W. and S.W.
356th intersection is inadequate. Improvements to S.W. 356th
are scheduled for 1992, but the sight distance will remain
inadequate even after the improvements are made. Details on
the adequacy of the arterial roads is,provided in the staff
Report and is incorporated herein by reference. See Exhibit
1, pages II - 13.
The proposed development is estimated to generate a maximum of
1167 average weekday vehicle trips and 87 A.M. peak hour
trips, with 27 inbound and 63 outbound. Peak hour P.M trips
are estimated at 117, with 74 inbound and 43 outbound.
The proposed subdivision will be served by Panther Lake
Elementary School, Illahee Junior High and Federal Way Senior
High School. The School District has requested the developer
to address concerns such as 'safe walkways, crossing lights and
turnoff routes for busses. The School District has not stated
it could not handle-additional students. See Exhibit lAC and
lAD.
The nearest park is the undeveloped Panther Lake Park, a 70.3
acre community park located about 1/3rd of a mile to the north
of the subject property. The Federal Way Parks Department
stated that the proposed development would further burden an
already deficient park system. See Exhibit 1AF.
The Federal Way Water and Sëwer District issued a certificate
of Water Availability which indicates water will be available
to meet fire flow standards and water supply. The Certificat"ê'
also indicates the District I s capability to provide sewer'
service to the proposed development. The Health Department
has recommended approval of the sewage service and water
supply. See Exhibit 1Q and 1V.
17.
Development of the subject property will generate additional
runoff from 'new impervious roadway, roof-tops and driveway
surfaces. Several studies of the containment potential of the
closed depression noted in Finding of Fact 5 were conducted as
detailed in the staff Report. See Exhibit 1, page lB. The
BELLACARINQ WOODS
FILE IILA-90-0001-SUB - FWHE 191-14
PAGE 7
18.
19.
findings of
reference.
those
studies
incorporated
are
herein
by
No one testified'in opposition to the proposed development.
Several residents and owners of property in the immediate
vicinity of the site testifed at the public hearing. These
individuals raised a number of concerns about the proposed
development including private access to utility improvements,
improvement of existing stormwater drainage problems, access
to the. future school site and the possiblity of harm to
existing vegetation and wildlife. A primary concern expressed
by residents in the area is the existing traffic situation
along S.W. 356th. Those testifying have clearly established
that the existing situation is perilous both for pedestrians
attempting to walk along S.W. 356th and for any vehicles
attempting to enter or leave S.W. 356th, especially in the
vicinity of 8th Avenue Southwest.
The recommended conditions to approval of this preliminary
plat application were available for review at the public
hearing. Some conditions were modified in response to
testimony presented at the public hearing. The applicant and
the City testified they are in agreement on all final
conditions recommended by the Examiner that are described in
detail in the Examirter's.recommendation below. No member of
the public present at the public hearing objected to any of
the conditions r.ecommended by the Examiner when given the
opportunity to do so.
IV. CONCLUSIONS
1.
The Federal Way Hearing Examiner has jurisdiction to .issue
recommendations on the application to the city Council. This
authority is set forth in, Section 155 of the Federal Way
Zoning Code, and the interlocal agreement between King County
and the city of Federal Wa~, entered into on March 13, 1990.
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 interlocal'
agreement, the city. of Federal Way is required to review the
preliminary plat application pursuant to the provisions of the
codes of King County. Therefore, the King County standards
for review of preliminary plat applications are the standards
used for the review of the Bellacarino Woods application.
::
2.
The application for preliminary plat approval of Bellacarino
Woods is consistent with the goals and objectives of the
applicable 1985 King county Comprehensive Plan and the 1986
\. '
DELLACARINO WOODS
-FILE #ILA-90-000~-SUD - FIDtE #9~-~4
PAGE ß
Federal Way Community Plan and Area Zoning. .The plat
application is also consistent with the zoning designation for
the subject property in effect at the time of the application.
Further, the city provided uncontradicted testimony that the
proposal, if cånditioned, will comply with the requirements of
King County Title 19 -- Subdivisions and 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.
3.
The subject property contains a closed depression that has
received significant amounts of stormwater runoff from the
subject property and surrounding properties. It is necessary
to carefully condition any approval of the preliminary plat
application to ensure that drainage concerns of the city and
surrounding property owners are fully addressed. To avoid a
potential downstream impact, there must be no net decrease in
the rate of infiltration within the closed depression and no
net decrease in the volume of the closed depression.
Increased rainfall runoff as a result of development of the
site must be conveyed to the closed depression only to the
extent that the developed. 100 year runoff water surface
elevation in the depression is no higher than the current 100
year runoff water surface elevation. The closed depression
should also be located in a separate tract that is restricted
from recreational activity in order to preserve the
infiltration èharacteristics of the area.
4.
The traffic concerns of surrounding residents and the city
must be addressed by the applicant with improvements to the
intersections of the access streets to the planned develòpment
with s.W~ 356th street. conditions are necessary to ensure
that the development does not exacerbate an already perilous
traffic situation along S. W. 356th Street. The applicant must
plan traffic flow improvements to both coordinate with planned
improvements to S.W. 356th street and, if improvements to S.W.
356th street do not take place when planned, to ensure safe
access if these imprëvements are not made. Conditions are also.,.
necessary to mitigate other traffic impacts caused by the
development and to ensure proper construction of internal
circulation systems, including appropri~te alignment of
internal streets with future access to the Federal Way School
District site.
5.
COnditions related to the extensions of water, sewer and
utility. lines; native growth protection and maintenance;
construction on certain soil types; retention/detention
facilities; erosion and sedimentation control; contri.bution of
BELLACARINO WOODS
FILE #ILA-90-0001-SUD - FWHE #91-14
PAGE 9
a fee-in-lieu of reservation or dedication of open ~pace and
parks; and school bus crosswalks are necessary to ensure that
the proposed preliminary plat development is consistent with
the public health, safety and welfare. .
It is the conclusion of the Examiner that the preliminary plat
application reviewed at the public hearing should be APPROVED,
with conditions.
6.
v.
RECOMMENDATION TO CITY COUNCIL
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 34 acres into 116
single-family lots on property located generally between S.W. 352nd
street and S.W. 356th street and between 4th Avenue S.W. and 9th
Avenue S. W., Federal Way, Washington, should be approved subj ect to
the following conditions: .
1.
. 2.
3.
4.
The plat shall comply with all platting provisions of
Title 19 of the King County Code (King County Subdivision
Ordinance) .
All persons having an ownership interest in the subject
property shall sign on the face of the final plat a
dedication which includes the language set forth in King
county Council Motion No. 5952. (Exhibit AG) except as
modified for the city of Federal Way.
The area and dimensions of. all lots shall meet the
minimum requirements of the S-R zone classification.
Compliance with the conditions of preliminary plat
approval may result in reducing the number and/or
location of lots as shown on the preliminary approved
plat.
5.
The applicant must obtain the approval of the city of
Federal Way for the adequacy of the fire hydrant, wate~.
main, and fire flow standards.
A Developer Exténsion Agreement must be entered into
between the applicant and the Federal Way Water and Sewer
District for the water system. As part of the design of
the water system, looping of the new. system to existing
mainlines J.IIay Qe required to þrovide circulation and
maintenance enhancements, and piping shall extend to far
edges of the property in accordance with the requirements
of the Federal Way Water and Sewer District.
DELLACARINO WOODS
FILE #ILA-90-0001-~U~
P1\GE 10
6.
7.
FWlÚ:- #91-14
A Developer Extension Agreement must be ent;~red into
between the applicant and the Federal Way Water and Sewer
District for the sewer system. As part of the agreement,
the applicant will be required to extend sewer mains to
the far edges of the property where property can be
served, and to construct off-site utilities to obtain
services.
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 reduci'l1g 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 cleared (limits of
clearing) during construction of roads and the
installation of drainage improvements and
utilities, and provide a schedule of construction
(construction sequence). The plans shall include
provisions for protecting exposed soils from
weathering by wind or rain by covering piles of
soil with tarp.
Due to potential erosion hazard, clearing shall be
limited only to the months of April through
october, and only to those areas required for
construction of roadways and utilities, during the..
months of April through October.
Prior to any clearing or grading, a boundary
delineation acceptable to the city of Federal Way
shall be provided on the site between lots and any
areas designated as a NGPE. Said boundary
delineation shall remain in place until a dwelling
., ís .conštructea- orC the. Tot. or ownership transferred
to the first owner-occupant at which time a five
foot fence shall be installed.
BELLACARINO WOODS
FILE #ILA-90-0001-SUB - Fm¡E #91-14
PAGE 11
c.
Retentionldetention (R/D) facilities, used to
control runoff from the site to off-sit~ drainage
courses other than the regional closed depression
shall be located in separate tracts, unless located
within improved City of Federal Way rights-of-way.
Access for maintenance shall be provided to all
facilities. This will require a 15-foot access
roadway to all RID manholes. The design of these
facilities shall conform to Chapter 9.04 of the
King County Code. The design frequency storm event
shall be 25-year with runoff from the site
restricted to no more than the p~e-developed runoff
rate for a 5 year storm event, as based on the
. guidelines of the May 1979 King County storm
Drainage Control Requirements and Guidelines.
d.
Prior to recording of the final plat, those
portions of the retention/detention facilities
necessary to control the flows discharging from the
site shall be constructed and operational.
e.
Oil/water separation facilities shall be provided
at each point of permanent storm drainage release
from the site to prevent contaminants from entering
the natural drainage features, both off-site and in
the close depression area. In addition to
oil/water separators, the applicant is required to
'provide biofiltration prior to discharge of
stormwater. Such biofiltration includes 200 feet
of broad,- flat-bottom, grass-lined swales or
equivalent, the design. of which shall be in
conformance with generally accepted practices. A
15-foot gravel access shall be provided along the
entire length of each biofiltration swale. for
maintenance.
f.
Drainage outlets (stub-outs) shall be provided for
each individual lot, except for those lots approved..
for infiltration by the City of Federal Way. stub-
outs shall be shown on the engineered plans and
shall conform to the following:
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 surface
or subsurface drains necessary to render the
lots suitable for their intended use. Each
"""
DELLACARINO WOODS
FILE #ILA-90-0001-SUB - FmlE #91-14
PAGE ~2
g.
2)
3)
outlet shall have free-flowing,: 'positive
drainage to an approved stormwater conveyance
system or to an approved outfall location.
Outlets on each lot shall be located with a
five-foot-high, 2"x4" stake marked "storm".
The stub-out shall extend above surface level,
be visible and be secured to the stake.
Pipe material shall conform with underdrain
specifications described in KCRS 7.04 and, if
non-metallic, the pipe shall contain wire or
other acceptable feature detectable from the
surface.
4)
Drainage easements are required for drainage
systems designed to convey flows through more
than one lot.
5)
All individual stub-outs shall be privately
owned and maintained by the lot home owner.
In some cases, on-site stormwater infiltration
systems may be'suitable for use on individual lots
depending on soil conditions. The system shall be
used where-suitable. To determine the suitability
of the soil for infiltration systems, a soils
report that includes percolation tests and a soil
log taken at 6-foot minimum depth ,shall be
submitted,- by a professional engineer, or soil
specialist. 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..
b~ installed at the time of the building permit. A
note to th~s 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.
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
h.
BELLACARINO WOODS
FILE #ILA-90-0001-SUB - FWHE #91-14
PAGE 13
with flooding, capacity, overtopping, scouring,
sloughing, erosion or sedimentation of anY,~rainage
facility, whether natural or man-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 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.
standard Erosion Sedimentary control (ESC) notes,
as established by the City of Federal Way Public
Works Department (Exhibit 10), shall be placed on
the engineered plans.
j.
The following note shall be placed on the face of
the final plat map:
"All building downspouts, footing drains, and
drains from all impervious surfaces, such as patios
and driveways, 'shall be connected to the permanent
storm drain outlet as shown on the approved
construction drawings on file with the city of
Federal Way Public Works Department under Project
# . This plan shall be submitted with the
application of any building permit. All
connections of the drains must be constructed and
approved prior to the 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."
8.
The following statement shall be shown on the approved..
engineering plans and recorded final plat:
"Bui:Lding setbacks and Native Growth Protection Easements
structures, fill, and obstructions (including, but not
limited to decks, patios, outbuildings, or overhangs
beyond 18 inches) are prohibited within the building-
setback line (BSBL) and restricted floodplains (if
applicable), and within any Native Growth Protection
Easement(s) as shown if established during engineering
plan review.
BELLACARINO WOODS
FILE #ILA-90-0001-SÙB - FffirE #91-14
PAGE 14
9.
10.
11.
12.
13.
Dedication of a Native Growth Protection Easemént (NGPE)
conveys to the public a beneficial interest in th~ land
within the easement. This interest includes the
preservation of native vegetation for all purposes that
benefit the public health, safety and welfare, including
control of surface water and erosion, maintenance of
slope stability, visual and aural buffering, and
protection of plant and animal habitat. The NGPE imposes
upon all present and future owners and occupiers of the
land, subject to the easement, the obligation,
enforceable on behalf of the public by the city of
Federal Way, to leave undisturbed all trees and other
vegetation within the easement. 'The vegetation within
the easement may not be cut, pruned, covered by fill,
removed or damaged without express permission from the
city of Federal Way, which permission must be obtained in
writing from the city of Federal Way Department of
Community Development or its successor agency.
Before and during the course of any grading, building
construction, or other development activity on a lot
subject to 'the 'NGPE, the common 'boundary between the
easement and the area of development activity must be
fenced or otherwise marked to the satisfaction of the
city of Federal Way or its successor agency."
A five foot tall fence must be installed on the edge of
any NGPEarea 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
~f the NGPE from the lots. A statement to this effect
must be placed on the face of the recorded plat.
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).
There shall be no direct vehicular access to or from 8th
Avenue Southwest from any corner lot which abuts it.
All roads shall be improved with vertical curb, gutter,
and sidewalks.
a.
All right-of-ways, roads, and sidewalks shall be
dedicated to the public upon recording of the final
plat.
BELLACAR~NO WOODS
FILE #ILA-90-0001-SUB - FWHE #91-14
PAGE 15
14.
15.
16.
b.
A geotechnical report shall be prepared by a
licensed geotechnical engineer to:' address
recommended designs for the proposed roadways. The
report shall detail the soil and groundwater
conditions. The recommendations to ensure
integrity of future roadways shall be subject to
review and approval by the city of Federal Way.
All roads will be constructed to King county full street
improvements (no half-streets). The following lists the
classification of each:
~.
b.
c.
d.
8th Avenue S.W. - Neighborhood Collector
S.W. 352nd street - Subcollector
S.W. 352nd street cul-de-sac - Minor Access
6th Avenue S.W., S.W. 353rd street - Subcollector
~th Avenue S.W. - Subaccess
S.W. 354th street - Subcollector
S;W. 356th ct. - Subaccess
Unnamed Cul-de-sac nearest S.W. 356th street, east
of proposed 8th Avenue S.W. - Minor Access.
e.
f.
g.
h.
Note: If paved width of minor access streets are
to be less than 28 feet, each lot shall provide for
four off-street parking stalls per King County King
County Road standards section 2.03 note #8).
Planter islands within the cul-de-sacs shall be
landscaped to the approval of the city of Federal Way.
The planter islands shall also be permanently maintained
by the abutting lot owners. This shall be stated on the
face of the final plat.
17.
The applicant shall comply with K.C.C. 19.38 by providing
for 1. 785 acres of open space or pay to the city of
Federal way Parks Depa:t:tment- a fee-in-lieu of reservation
or dedication for open space and parks in the amount of
$35,933.63. Any.open space provided shall meet the..
requirements of King county Title 19.38.
Any fencing constructed along any street shall include a
landscaped area ,placed along the perimeter of each fence.
This shall be placed on the face of the plat prior to
final plat recording. Adjacent property owners shall be
responsibl-e .- for-the continued maintenance of subject
landscaping.
18.
At the time of recording of the final plat, any open
space areas, including any areas designated as a NGPE
\,
BELLACARINO WOODS
FILE #ILA-90-0001-SUB - FWHE #91-14
PAGE 16
19.
20.
21.
22.
shall be dedicated as separate tracts. In order to
provide for its ownership and continued maintenal1ce, said
tracts shall be either dedicated to the City of Federal
Way or to a Homeowners Association or other workable
organization. The determination as to ownership shall be
made by the city of Federal Way prior to recording of the
final plat.
If a Homeowners Association is formed, the Declaration of
Protective Covenants, Conditions, and Restrictions shall
be reviewed by the city of Federal Way to ensure that
adequate provisions are made for ownership and
maintenance of common areas.
Easements shall be provided for al;L 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.
A 10 foot utility easement shall be provided along the
front 10 feet of all lots and tracts adjacent to the
proposed streets.
The following statement shall be noted on the face of the
final plat: .
"Easement Reservations
An easement is hereby' reserved for and granted to any
public utility and their respective successors and
assigns, under and upon the front ten feet parallel.with
and adjoining the street frontage of all lots and tracts
in which to install, lay, construct, renew, operate and
maintain underground pipe, conduit, cables and wire~ with
necessary facilities and other equipment for the purpose
of serving this subdivision and other property with
utility service, together with the right to enter upon.
the lots at all times for the purposes herein stated.
These easements entered upon for these purposes shall be
restored as near as possible to their original condition.
No utility lines shall be placed or permitted. to be
placed upon any lot unless the same shall be underground
or in conduit attached to a building."
The following has been established by SEPA as a necessary
requirement of this development as, mitigation. The
applicants shall demonstrate compliance with these items
prior to final plat approval.
BELLACARINO WOODS
FILE #ILA~90-0001-SUD - FWHE #91-14
PAGE 17
"A closed depression of regional significance
exists on the northeast portion of the site. To
avoid a potential downstream impact, the existing
volume of the depression, to be determined by the
applicant.s engineer, shall be preserved. Any
proposed filling of the depression shall be fully
compensated on an equivalent volume of excavation.
The final engineering plan submitted to King County
BALD shall address any proposed filling or grading
wi thin the aforementioned depression, with King
County BALD plan review and approval required." .
The applicant shall also demonstrate subject to the
approval of the City of Federal Way, that the net
infiltration rate of the existing closed depression is
not decreased in the final closed depression design.
23.
Increased rainfall runoff as a result of development at
this site will be allowed to be conveyed to the closed
depression only to the extent that the developed 100-year
runoff water surface elevation in the depression is no
higher than the current 100-year. runoff water surface
elevation. Control of this runoff may be accomplished by
a combination of methods including but, not limited to,
on-site infiltration systems, compensation storage
excavation, on-site detention facilities, etc.
The conceptual storm drainage system as depicted in
Exhibit A shall be closely adhered to for the final
design unless a more beneficial system is determined
during design and accepted by Federal Way Department. of
Public Works. Final design elements shall be governed by
first, the results of a closed depression analysis being.
conducted by Brown & Calwell for the City of Fèderal Way
in relation to the p~9posed improvements to S.W. 356th
street and secondly, by the results of any amendment to
previous closed -depression analysis and infiltration
studies if needed during engineering plan review, to bë
prepared by the developer's engineer. A detailed
analysis of the storm drainage system and the closed
depression shall be prepared by a licensed professfonal
engineer experienced in hydraulics/hydrogeology to assure
compliance with this condition. The analysis shal¡
incl.ude potential runoff contributions from Madronna
Meadows overflow and bypass through the site to the
closed depression. A 15-foot graveled road access shall
be provided into the closed depression area to provide
for future maintenance.
BELLACARINO WOODS
FILE #ILA-90-0001-SUB - FWHE #91-14
PAGE 18
24.
25.
26.
27.
The closed depression area of the site shall ~e:located
in a separate tract and shall be restriéted from
development of any organized recreational activity
facility in order to preserve the natural infiltration
characteristics of the area. A statement to this affect
shall be placed on the face of the final plat.
The applicant shall participate with the City in
developing and financing school bus crosswalks in the
area. The exact location of these crosswalks shall be
determined by the City of Federal Way and the Federal Way
School District. The applicant sha~l also revise the
proposed roadway between Lots 68 and 69 to align with the
roadway opposite. Lot 64 to provide future access to the
Federal Way School District site at the higher elevation.
Prior to the release of performance bonds for this
development, a traffic signal at the S.W. 356th
street/8th Avenue S.W. intersection shall be installed
and operating. Exact design requirements will be
determined during engineering plan review. A latecomer I s
agreement may be entered into by the developer/owner
prior to the issuance of any single family building
permits.
Lots 1-10 and 99-116 as depicted on Exhibit A of the
staff report, shall not be allowed to obtain building
permits until the traffic signal at S.W. 356th Street/8th
Avenue S.W. has been installed. The remainder of the
plat will be allowed to continue normal platting
processing subject to an alternative full street access
through S.W. 354th Street connecting to S.W. 356th street
subject to the approval of the Federal Way Director of
Public Works. '
Prior to Final Plat recording, the developer or owner
shall either volunteer to pay a pro-rata share in the
amount of $9,360 (State) and $2,661 (City of Federal Way)
to interim improvements of SR 161/SR 18 intersection, or
reduce the size of the plat to 26 lots until the state is
within one-year of construction of subject improvements.
Prior to Final Plat recording, the developer or owner
shall either volunteer to pay a pro-rata share in the
amount of $20,200.00 to the city of Federal Way towards
the S.W. Campus Drive six year Transportation Improvement
Program, or reduce the total number of lots which would.
generate less than 10 peak hour trips at the S.W. Campus
Drive and 6th Avenue S.W. intersection.
,;,;.
DELLACARINO WOODS
FILE #ILA-90-0001-SUB - FWHE #91-14
PAGE 19
29.
A geotechnical/soils report shall be submitted along with
each building permit application for any lots GQfltaining
slopes in excess of 20%. This condition shall-be placed
on the face of the plat prior to final plat recording.
If the developer proposes to relocate the retention
facilities (for increased runoff from the improvements to
S.W. 356th street) from proposed lots 3,4, and 5, to the
closed depression, compensating storage in the depression
shall be excavated in the amount equal to that required
for the originally proposed retention facility. A 15-
foot gravel access shall be provided to each catch basin
structure along the conveyance system from S. W. 352
street to the closed depression. .
28.
DONE AND DATED THIS 18th DAY OF NOVEMBER, 1991.
--r~L ~
THEODORE P. HUNTER, HEARING EXAMINER
VI.
RIGHTS TO RECONSIDERATION AND APPEAL
Any person 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, 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 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 pursuant to
FWZC 150.65.6. That appeal, in the form of a letter of appeal,
mus~ be delivered to, the Planning 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
denying the request for reconsideration or the reconsidered
.' -' .
BELLACARINO WOODS
FILE #IL1\-90-0001-SUB - FWHE #91'-14
PAGE 20
decision. The letter of appeal must contain a clear ref~rence to
the matter being appealed and a statement of the specific. factual
findings and conclusions of the Hearing Examiner disput~a by the
person filing the appeal. The person filing the appeal shall
include, with the letter of appeal, the fee established by the
City. The appeal will not be accepted unless it is accompanied by
the required fee. The decision of the Hearing Examiner may be
appealed whether or not there was a request to reconsider the
Hearing Examiner's decision.