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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.