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Res 98-278 RESOLUTION NO. qR-27R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE FINAL PLAT OF BLACKBERRY HILL, FEDERAL WAY FILE NO. SUB 98-0002. WHEREAS, the preliminary plat for Blackberry hill, City of Federal Way File No; SUB 92-0004 was approved on September 6, 1994, by Federal Way Resolution No. 94-182; and WHEREAS, the applicant has satisfied all of the conditions set forth in Resolution No. 94-182 and in the August 12, 1996, Recommendation of the Federal Way Hearing Examiner; and WHEREAS, the applicant has submitted the application for final plat for Blackberry Hill within the required time of receiving approval for the above-referenced preliminary plat; and WHEREAS, City of Federal Way Department of Community Development Services staff have reviewed the proposed final plat for its confonnance to the conditions of the preliminary plat and the Federal Way Hearing Examiner, and their analysis and conclusions are set forth in the Staff Report dated October 28,1998; and WHEREAS, the Land Use and Transportation Council Committee considered the application for final plat of Blackberry Hill at its November 2, 1998 meeting and recommended approval by the full City Council; and WHEREAS, the City Council reviewed and considered the Staff Report and the application for final plat of Blackberry Hill prior to and during the Council's November 17, 1998 meeting; t~[Pf ~ Res. # -'1ß=21,sPage I "> NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOL YES AS FOLLOWS: Section 1. Findings of Fact. Conditions and Conclusions. 1. The final plat for Blackberry Hill, City of Federal Way File No SUB98-0002 is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effect at the time of the substantially complete application. 2. Based on, inter alia, the analysis and conclusions in the Staff Report, and on the City Council's review of the application for final plat, the proposed subdivision makes appropriate provision for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, play grounds, and schools and schoolgrounds as are required by City Code or are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who only walk to and from school. 3. The public use and interest will be served by the final plat approval granted herein. 4. All conditions as listed in the Federal Way Resolution No. 94-182 and the conditions in the August 12, 1996, 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 as allowed by Federal Way City Code section 22-133. 5. All required improvements have been made and sufficient bond, cash deposit, or assignment of funds have been accepted, or will be accepted, prior to recording by the City of W@f1~~.Y;~~~.'ipancial guaranty for maintenance of all required plat improvements. U LI \~. ~. Res. # ~,¡j'age 2 6. All taxes and assessments owing on the property being subdivided have been paid, or will be paid prior to recording the final plat. Section 2. Aoolication aoDroval. Based upon the Findings of Fact contained in Section I above, the final plat of Blackberry Hill, City of Federal Way File No SUB98-0002 is approved, subject to satisfaction of the maintenance conditions that are required by the city. Section 3. Recording. 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. Severabilitv. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent j urisdiction, 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. 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 November ,1998. CITl.O FEDERAL WAY .~~ W\ YOR, RONALD GINTZ Res. #..9_8.::2Jlfage 3 '1 >7 é (l¿~ CITY CLERK, N, CHRlSTlNC GREEN~~ APPROVED AS TO FORM: L -= FILED WITH THE CITY CLERK: 11/16/98 PASSED BY THE CITY COUNCIL: 11/17/98 RESOLUTION NO, 98-278 Klcd\oroinalblaokbe<.'" Res. #98-27¡!Page 4 MEETING DATE: November 17, 1998 ITEM# ~ OJ ....................................................................................................................................................................................................... ......................................... CITY OF FEDERAL WAY City Council AGENDA ITEM = .. .§y"~!.~ç.!.: ...~.~.~~.~.IJ..~.I:".!:Y..!I..i.I.~..!.~~~.""r.~~. !~.. § Y~2.~:9.99.~............... """"""".". """""""""..""""" CATEGORY: BUDGET IMPACT: .x. CONSENT _ORDINANCE _BUSINESS _HEARING -FYI .x. RESOLUTION _STAFF REPORT - PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: $ none Expenditure Amt: $ none Contingency Reqd: $ none .""""""""""""""'.."....""""""""...."...."'.""""""""...."""."""""m................ ........................... ........................ ATTACHMENTS: (l) October 28, 1998 City Council! Land Use Transportation Committee memo which includes as Exhibit A the October 28, 1998 Staff Report to the City Council; and the draft Resolution as Exhibit ....................................:................t>.:.1.:...........................................""'.."""'...m.................................................................................. .................................. SUMMARYIBACKGROUND: The applicant has submitted a request for a final plat approval for Blackberry Hill, an II lot single family cluster subdivision on 2.34 acres. The preliminary plat was originally approved by the Federal Way City Council on September 6, 1994. The City Council Land UselTransportation Committee (LUTe) reviewed the fina1 plat request at their ...~!?Y.~E..~!}~~..~:.................................................................................................................................................................................. ........ CITY COUNCIL COMMITTEE RECOMMENDATION: Recommend approval of SUB98-0002, the fmal plat of ...I?~~~~~~!:!Y..ffW.:................................................................................................................................................................................. ............................. ... ~;::::: :::;~ =:- ~~;~=~~~ ~ 0 r.~ ~ ?~ :2Q 2 ~!.~~. .~~. p'.l~~ fIlJJ ø'tt/l.ill:.... . (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ~PROVED IJ /rl~r; --»ENIED _TABLED/DEFERREDINO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # g&D 8' I:\COVERCC-SI14l96 DATE: To: FROM: FEDERAL WAY MEMORANDUM October 28, 1998 City Council Land UsefTransportation Committee Councilmember Phil Watkins, Chair Gregory Moore, AICP, Director of Community Development service~ CONTACT: Deb Barker, Associate Planner RE: Final Plat a/Blackberry Hill-Federal Way File No. SUB98-0002 I. II. III. SUMMARY OF APPLICATION Final plat approval of the plat of Blackberry Hill, a cluster subdivision of II single family lots on 2.34 acres. The preliminary plat was originalIy approved by the Federal Way City Council on September 6, 1994, as an 11 lot cluster subdivision. The Plat of Blackberry HilI is located at 3rd Court SW, north of South 312th Street in Federal Way. Federal Way zoning for the site at the time of application was Residential Single Family (RS-7.2). Cluster subdivisions are allowed in single family residential zoning districts to promote open space and protect natural features. REASON FOR COUNCIL ACTION The final decision for all final plats rest with the City Council in accordance with Federal Way City Code (FWCC) Section 20-136(b). Bringing this matter before the City Council Land Use/Transportation Committee for review and recommendation prior to the fulI Council is consistent with how land use matters are currently processed by the city. STAFF RECOMMENDATION City of Federal Way staffhas reviewed the final plat of Blackberry Hill for compliance with SEPA conditions, preliminary plat conditions, and alI applicable codes and policies. AII applicable codes, policies, and conditions have been satisfactorily met. Staff recommends approval to the council. IV. V. PROCEDURAL SUMMARY September 6, 1994 Preliminary plat approval granted by Federal Way City Council. November 25, 1997 Engineering approval granted. July 29,1998 Final plat application submitted. October 20, 1998 Final plat application determined complete. November 2, 1998 City Council Land Use Committee meeting. Land Use Committee forwards a recommendation to the full City Council. November 17, 1998 City Council meeting. Pursuant to Section 20-136 of Federal Way City Code, the City Council shall consider the application at a public meeting. DECISIONAL CRITERIA Pursuant to FWCC Section 20-136, the City Council may approve the final plat application only if all criteria of FWCC Section 20-136(b), are met. Findings contained in the staff report to the City Council and by reference in the draft resolution indicate that the application is consistent with these criteria. ',"ubd;v;,lbla<kb'Y"aud"",.mmo -2- DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT REQUEST FOR FINAL PLAT APPROVAL BLACKBERRY HILL Federal Way File No. SU898-0002 Related Files Numbers: SUB92-0004, SEP92-0008, SEP92-0012, UPR92-0009, and UPR95-0033 I. INTRODUCTION Date: October 28, 1998 Request: Request for final plat approval for Blackberry Hill. Description: Blackberry Hill is a cluster subdivision of II single family lots on 2.34 acres. The preliminary plat was originally approved by the Federal Way City Council on September 6, 1994, per Resolution 94-182 (Exhibit A) as an II lot cluster subdivision (Exhibit B). Federal Way zoning for the site at the time of application was Residential Single Family (RS-7.2). Cluster subdivisions are alIowed in single family residential zoning districts to promote open space and protect natural features. Lot sizes on the final plat (Exhibit C) range trom 2,899 square feet (Lot 2) to 12,180 square feet (Lot I), with an average lot size of 4,672 square feet. A 37,584 square foot wooded open space tract is north of the clustered lots. Access for lots 2 through 11 is via 3rd Court SW. Lot I is accessed trom South 312th Street. All roads and sidewalks within the proposed subdivision have been constructed, storm drainage facilities have been installed, and water and sewer lines are in. Owner: Jan-Wes Homes, Inc. 22030 7th Avenue South, Suite 204 Des Moines, WA 98198-6219 (206) 824-9990 EXHIBIT -Â- PAGE-LOF -lb- Staff Report - Final Plat Report Blackberry Hill Page 2 Engineer: Location: Sewage Disposal: Water Supply: Len Gantz Surveying and Engineering 3721 South 352nd Street Auburn, WA 98001 (253) 874-0158 Located north of South 312th Street between 1st Avenue South and 4th Avenue in Section 8, Township 21 North, Range 4 East, WM, King County (Exhibit D). Lakehaven Utility District. Lakehaven Utility District Fire District: Federal Way Fire Department School District: No. 210 - Federal Way Report Prepared By: Deb Barker, Associate Planner II. HISTORY AND BACKGROUND A draft resolution of the City of Federal Way, Washington, approving the final Plat of Blackberry Hill, SUB98-0004, is attached (Exhibit E). The preliminary plat of Blackberry Hill, consisting of 11 clustered single-family residential lots on 2.34 acres (Exhibit B), was granted approval by the City of Federal Way on September 6, 1994, per Resolution 94-182 (Exhibit A) based on the findings and conclusions contained in the May 13, 1994, and August 2, 1994, Federal Way Hearing Examiner decisions (Exhibit A). Subsequent hearing examiner approval for intrusion of a sanitary sewer line and biofiltration swale within a wetland buffer associated with adjacent wetlands was approved on August 12, 1996 (Exhibit F). Engineering approval was granted on November 25, 1997 (Exhibit G). The applicant applied for final plat approval in July 29, 1998. The application was determined complete on October 20, 1998. EXHIBIT A PAGE~OF --«L- Staff Report - Final Plat Report Blackberry Hill Page 3 City of Federal Way staff has reviewed the final plat of Blackberry Hill for compliance with SEP A conditions, preliminary plat conditions, and all applicable codes and policies. All applicable codes and policies and conditions have been satisfactorily met. Staff recommends approval to the council. The remainder of staff report addresses how the applicant has fulfilled the conditions of SEPA, the preliminary plat approval, and the Federal Way Subdivision Code. III. DECISIONAL CRITERIA Pursuant to Section 20-136 of the Federal Way City Code (FWCC), if the City Council finds that the following criteria have been met, the City Council may approve the final plat for recording. CRITERION #1 - The final plat is in substantial confonnance to the preliminary plat. Response - The final plat is in substantial confonnance with the approved preliminary plat. Tract A, the open space tract, has been modified from preliminary plat through relocation of the bioswale facility. Based on conditional approval by the Federal Way Hearing Examiner, the bioswale facility was relocated west of Blackberry Hill into the adjacent Teabos Depression, a drainage facility owned by the city. The resulting Tract A is not encumbered by any drainage facilities or improvements. This criterion has been met. CRITERION #2 - The final plat is in confonnity with applicable zoning ordinances or other land use controls. Response - Applicable zoning ordinances and land use controls include the FWCC Chapter 20, Subdivisions, and Chapter 22, Zoning. Article III of FWCC Chapter 20, Sections 20-15 I through 20-187 address subdivision design criteria, including open space, streets, and traffic. The FWCC includes standards for structural setbacks, street lighting, and lot coverage. Subdivision design is in compliance because traffic trom the subdivision connects to South 312th Street, a principal collector street. The lots are accessed via public rights of way. The road within the plat was designed and constructed to Federal Way cuI de sac standards. Third Court South has 50 feet of right of way, 28 feet of pavement, five foot sidewalks, four foot planter strips, and a six inch vertical curb. No additional improvements to South 312th Street or dedication was required of the applicant. EXHIBIT f1 PAGEioF 111 Staff Report - Final Plat Report Blackberry Hill Page 4 Under FWCC Section 20-1 54, Cluster subdivision, in order to promote open space and the protection of natural features such as trees and wetlands, lots may be reduced in size and placed in clusters on the site. Lots created in cluster subdivisions may be below the minimum lot size requirements of FWCC Chapter 22, zoning, provided the total number of lots created does not exceed the number of lots which would be permitted in a conventional subdivision on a site of the same total area, after reservation of required open space. The II lots in the Blackberry Hill subdivision are reduced in size and are clustered at the southern end of the site, in order to preserve a large stand of mature trees on the north side of the site. Ten of the lIlots are less than the minimum lot size of FWCC Section 22-631, Detached dwelling unit, as allowed by the cluster subdivision provisions. Based on a drawing provided by the applicant depicting conventional subdivision layout, the Blackberry Hill cluster subdivision does not exceed the number of lots which would be permitted in a conventional subdivision. Minimum yard and setbacks per FWCC Section 22-631 are depicted on the face ofthe plat, Exhibit C, page 1 of 3. The open space established with the cluster subdivision is known as tract A on Exhibit C, page 1 of 3 of the plat. Tract A is defined as an Native Growth Protection Easement (NGPE) in Exhibit C, note 5, page 3 of3. Restrictive covenants have been submitted with the final plat application, which further protect Tract A ITom further subdivision or development. Applicable zoning ordinances and other land use controls have been met. CRITERION #3 - All conditions of the Hearing Examiner and/or City Council have been satisfied. Response - The Responsible Official issued a Mitigated Determination of Nonsignificance for the Blackberry Hill preliminary plat on February 22, 1994, with two conditions. The preliminary plat application was reviewed by the Federal Way Hearing Examiner at a May 13, 1994, hearing. His recommendation to approve the plat was forwarded to the Federal Way City Council. The City Council, at their June 7,1994 meeting, remanded the preliminary plat back to the Hearing Examiner to address impacts to the wetland, traffic, access, and storm drainage. Following a second hearing on August 2, 1994, the Hearing Examiner forwarded a recommendation to the Council. At their September 6, 1994 meeting, the Federal Way City Council approved the preliminary plat application without conditions. The Responsible Official issued a Mitigated Determination of Nonsignificance for intrusions into the wetland buffer on December 13, 1995, with one condition. A hearing EXHIBIT A 'PAGE~OF -..ßL Staff Report - Final Plat Report Blackberry Hill Page 5 was conducted by the Federal Way Hearing Examiner on July 30, 1996, to review the request to locate a bios wale and sewer line within the wetland setback area. That Process 11 request was approved by the Hearing Examiner in his August 12, 1996 decision. The various conditions of approval and the status of those conditions is noted below: 1. Compliance With SEPA Mitigation Measures A) Mitigated Determination of Non significance (MDNS) for SEP 92-0012 was issued on February 22, 1994, with the following conditions. I) The applicant shall provide on-site storm water runoff control in accordance with city standards and policies and recommendation BW-2 of the Hylebos Creek and Lower Puget Sound Executive Proposed Basin Plan. Staff Response: This mitigation measure has been met. Based on data provided in the Technical Information Report (TlR) prepared by Towna Engineers, the subdivision is exempt from the onsite storm water runoff control. This T1R showed that the 100-year flow for the site prior to development was 0.30 cfs and the 100-year flow for the site developed would be a 0.76 cfs, a difference of 0.46 cfs increase. The 1990 King County Surface Water Design Manual (KCSWDM) threshold for storm water detention is 0.5 cfs or greater; this project falls below that threshold. 2) Storm water runoff control shall be provided on-site unless the applicant elects to located the required on-site detention in the Teabos Depression, a low topographic feature west of the site. In the later-case, the applicant shall be required to convert the depression into a public regional storm water detention facility sized to discharge the runoff from the entire upstream basin at the pre-developed basin runoff rate for the 2- year, 10- year and 100-year, 7-day storm event. The active storm water storage level in this depression shall be set to provide a minimwn of one foot of freeboard for any structure in the area as identified in the Storm Drainage Analysis for Blackberry HilI Preliminary Plat submitted July 26,1992. This conversion shall include acquiring any necessary easements and liability releases from affected property owners, modification of the outlet controls next to South 312th Street, and excavation for any deficient storage volwne. A Late Comers Agreement may be executed upon completion of the conversion to recover a proportionate share of the expenses for future developers in the subject basin. EXHIBIT ~ PAGEÍ-OF JL Staff Report - Final Plat Report BlackbelT)' Hill Page 6 Staff Response: This mitigation measure has been met. Based on data presented at the August 2, 1994 hearing, the storm drainage analysis docwnented that 3.5 feet of freeboard is available in the Hylebos Depression prior to any construction. As the necessary overflow room is available, no easements, liability releases of agreements will be required. B) A Mitigated Determination of Non significance (MDNS) for SEP 95-0034 was issued on May 22, 1996, with the following condition. "Add the following elements to the December 13, 1995, conceptual mitigation plan as a condition ofSEPA approval: I) Planting plan; 2) Plant Schedule; 3) Planting details; 4) Annual monitoring for five years to assess plant material vigor and survival. Reports need to be submitted to the city by August I of each monitoring year; 5) Planting must achieve a success rate of 80 percent; 6) Final as built drawings and an as-built report will need to be submitted to the City of Federal Way within one month from the time of completing the installation of the plantings; and 7) The applicant shall pay for the cost of the annual monitoring conducted by the city's contracted wetland biologist." Staff Response: The status of this mitigation measure is as folIows: I) Planting Plan - A Wetland Setback Revegetation Plan prepared June 18, 1996 ,by Terra Associates, Inc. was submitted on June 24,1996 (Exhibit H). The revegetation plan was approved by staff on December 18, 1997. 2) Plant Schedule - The revegetation plan contains a plant schedule with plant sizes and quantities. 3) Planting Details - The revegetation plan included a planting details. 4) Annual monitoring for five years to assess plant material vigor and survival. Reports need to be submitted to the city by August I of each monitoring year. - A contract currently executed with Sheldon and Associates wilI cover monitoring for five years. 5) Planting must achieve a success rate of 80 percent. - This information was included in planting plan, and will be verified by the monitoring. 6) Final as built drawings and an as-built report wilI need to be submitted to the City of Federal Way within one month trom the time of completing the installation of the plantings. - The revegetation plantings were installed during the week of October 19 through 23, 1998, as recommended in the revegetation plan. The applicant submitted a October 26, 1998, letter which stating that as the vegetation was instalIed per the approved plan, that plan would constitute the as-built submittal. The installation of the: vegetation was field verified by city staff and found to be instalIed per the approved plan. EXHIBIT /l PAGE~OF (0 Staff Report - Final Plat Report Blackberry Hill Page 7 7) The applicant shall pay for the cost of the annual monitoring conducted by the city's contracted wetland biologist. - The applicant has provided payment for the monitoring contract in a check received on October 15, 1998. II. Conditions of Hearing Examiner Decision, August 12,1996, UPR95-0033. I) The applicant must secure from the City of Federal Way's Department of Public Works, Surface Water Division, an easement for placement of the sanitary sewer line and infiltration swale. Staff Response: This condition has been met. As the applicant was able to install the sanitary sewer line in the center of the right of way and not in the Teabos Depression, the aforementioned easements were not necessary. The biofiltration swale is already located on City of Federal Way property; additional easements are not required. 2) To guard against breakage and possible surface water contamination, the diagonal portion of the sewer line (that section that traverses through the wetland buffer) must be constructed of ductile iron. Staff Response: This condition has been met. Ductile iron was used to construct the sewer line, which is now located in the right of way. CRITERION #4 - That the public use and interest shall be served by the establishment of the subdivision and dedication by determining if appropriate provisions are made for, but limited to, the public health, safety, general welfare, open spaces, drainage ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, and school grounds, and shall consider all other relevant facts including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. Response - Open Space, Parks, and Recreation - Pursuant to FWCC Section 20-1 55(b), Open space and recreation, all residential subdivisions are required to provide open space in the amount of 15 percent of the gross land area of the subdivision site (or if under five acres, make payment of fee in lieu of per FWCC 19-41). The plat of Blackberry Hill establishes usable and conservation open spaces in Tract A. (Usable open space consists of areas which have appropriate topography, soils, drainage and size to be considered for development as active recreation areas. Conservation open space is EXHIBIT Þ PAGE..1::.0F -'!L Staff Report - Final Plat Report Blackberry Hill Page 8 areas which contain special natural or physical amenities or environmentally sensitive features, the conservation of which would benefit surrounding properties or the community as a whole. Such areas may include stands oflarge trees.) Exhibit D, page 3 of 3, note #6, indicates that a portion of tract A amounting to 10 percent of the required open space of the entire plat is established as usable open space. This usable open space, noted on Exhibit D, Page 1 of 3, is 1,673 square feet is size and satisfies the usable open space requirement. The balance of tract A is conservation open space. In a September 29, 1997 letter, city staff supported the change in lot configuration which resulted in relocation of the drainage facilities out of Tract A. This resulted in an increase in usable open space at the site. The applicant has exceeded the required open space obligation with the cluster subdivision by establishing 33.7 percent of the 2.34 acre site in open space. This open space is not part of an adopted Parks and Recreation Comprehensive Plan, and will be dedicated to the Blackberry Hill Home Owners Association. The applicant will not be required to pay open space fees as the final plat of Blackberry Hill provides sufficient open space opportunities. Drainage Ways - The subdivision has a storm drainage system designed and constructed in accordance with the surface water management requirements in FWCC Section 21-26 et seq., and the storm and surface water utility requirement in FWCC Section 16-76 et seq. Engineering plans (Exhibit G) which included drainage and roadways, were reviewed and approved by the City of Federal Way prior to construction. Biofiltration systems were proposed at the southern portion of tract A with the preliminary plat application. On May 22, 1996, the Federal Way Hearing Examiner conditionally approved a request to relocate the bioswale into a regulated wetland setback area (Exhibit F. page 3). Biofiltration systems and oil water separation devices were installed within drainage easements immediately west of the subdivision, within property owned by the City of Federal Way. As the project produces less than the 0.5cfs than the undeveloped site, the project was exempt trom retention/detention requirements. Transit - METRO Transit service is available along South 312th Street, approximately 500 feet east and west of the subdivision. DART pickup can be arranged by individual residents. Water and Sewer - All lots in a subdivision shall be served by a water system and sanitary sewer systems system designed and constructed to the specifications of Lakehaven Utility District. In an August 27, 1998 letter, the Lakehaven Utility EXHIBIT A PAGEÏ-OF If) . Staff Report - Final Plat Report Blackberry Hill Page 9 District stated that the sanitary sewer and water distribution systems for the project are substantially complete. The developer has entered into a supplemental agreement with the district, and the district has accepted assignment of funds guaranteeing completion of construction of said distribution systems. Schools -In addition to the sidewalks required in FWCC Section 22-1471, regarding requirements to Right of way (ROW) and vehicular easements, the sidewalks provide pedestrian and bicycle assess and connect the subdivision to established safe school routes, bikeways, trails, and transit stops. Elementary school students will walk to Mirror Lake Elementary School via existing sidewalks trom this site. Students at lIIahee Junior High and Federal Way High School will be bussed. School impact fees will be collected with each single family building permit at the time of permit issuance, based on city ordinance #95-249, as amended. This criterion has been met. CRITERION #5 - All required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. Response - All road and storm drainage improvements have been constructed. In addition, all water and sewer lines have been installed. Adequate bonding is in place with the Lakehaven Utility District and the City of Federal Way. This criterion has been met. CRITERION #6 - All taxes and assessments owing on the property have been paid. Response - Prior to being recorded, the plat is reviewed by the King County Department of Assessments to ensure that all taxes and assessments have been paid. IV. CONCLUSION Based on site visits, review of the final plat maps, construction drawings, and the project file, staff has determined that the application for final plat approval for Blackberry Hill meets all platting requirements ofRCW 58.17.070 and Section 20-134 of the Federal Way City Code. City staff is recommending approval of the final plat as submitted and has prepared the necessary resolution for City Council approval (Exhibit E). EXHIBIT 11 PAGE~OF 10 Staff Report - Final Plat Report Blackberry Hill Page 10 V. EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H ¡,"".<","\bIKkb'Y'><"ml.oo Resolution 94-182 - September 6, 1994, City of Federal Way Preliminary Plat Approval of Blackberry Hill with accompanying Hearing Examiner Report 8Yz x 1 I Reduced Copy of Approved Preliminary Plat of Blackberry Hill gY:z x I I Reduced Copy of Final Plat Map of Blackberry Hill Vicinity Map for Blackberry Hill Final Plat Resolution of the City of Federal Way, Washington, approving the final plat of Blackberry HilI August 12, 1996, Hearing Examiner Approval 8Y:z x I I Reduced Copy of Approved Engineering Plans for Blackberry HilI gY:z x II Reduced Copy of the Approved Wetland Setback Revegetation Plan EXHIBIT If PAGE~OF /1) ( RESOLUTION NO. 94-182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE APPLICATION BY JAN-WES HOMES INC. FOR PRELIMINARY PLAT APPROVAL TO DIVIDE A 2.34 ACRE PARCEL INTO SINGLE FAMILY HOME LOTS AND FOR APPROVAL OF INTRUSION INTO 100 FOOT WETLAND SETBACK FOR ROADWAY SERVING THE DEVELOPMENT; (FEDERAL WAY FILE NO. SUB 92- 0004; RELATED FILE NO. SEP92-0012; RELATED FILE NO. UPR92-0009; HEARING EXAMINER FILE NO. 94-09.) WHEREAS, Jan-Wes Homes, Inc, ("Applicant~') , has a possessory ownership interest in property totaling approximately 2.34 acres located at the northeast corner of the intersection of ( South 312th Street and the proposed Third Court South, in Federal Way, Washington ("Property"); and WHEREAS, the Applicant is requesting preliminary plat approval to subdivide the southern portion of the Property into eleven (11) single family residential lots retaining the northern portion of the Property as open space; and the Applicant is also ,seeking approval to intrude into a 100 foot wetland setback as established by section 22-1357, Federal Way City Code ("FWCC") for construction of a cul-de-sac providing access to all plat lots from South 312th Street ("Application"); and WHEREAS, the Applicant has configured the preliminary ( plat as a cluster subdivision pursuant to Section. 20-154 FWCC; and WHEREAS, the Property is presently zone9- r, ~S '72 O,~ WhiC~ 1 r' " r P r"\ a'lT' L/,nIDal . allows for single family dwellings; and , Car- rA "or: OF_~ COPt RES # 94-182 , PAGE 1 ( WHEREAS, the Application is properly considered under Process III, pursuant to FWCC Section 20-111; and WHEREAS, a mitigated determination of non-significance ("MONS") was issued by the City of Federal Way's Responsible Official for this Application on February 22,1994, pursuant to the. FWCC and the State Environmental Policy Act ("SEPAtI) and the appeal and comment period ended March 23, 1994 without appeal; and WHEREAS, all public notices having duly been given pursuant to FWCC Section 22-480; and WHEREAS, pursuant to Process III, FWCC Section 22-482, the Federal Way Land Use Hearing Examiner held a public hearing on the application on April 19,1994; and WHEREAS, at the conclusion of said hearing, the Federal ( Way Land Use Examiner issued its Findings, Conclusions and Recommendation on May 3, 1994; and WHEREAS, this matter having been considered by the Federal Way City Council Land Use/Transportation committee at its meeting on May 16, 1994, for the purpose of issuing its recommendation for approval of the Application to the full City Council; and WHEREAS, the City Council, at its meeting of June 6, 1994, having fully considered the Application, the record and Recommendation'of the Hearing Examiner, remanded the Application back to the Hearing Examiner to consider further certain issues relating to transportation, wetlands and drainage; and RES # 94-182 , PAGE 2 EXHIBIT A . I - PAGE~OF '1'. tf/)Z$ ( WHEREAS, the Hearing Examiner conducted a further Hearing in accordance with the instructions from the city Council on July 19, 1994, and issued a Decision on Remand on August 2, 1994 recommending preliminary plat approval; and WHEREAS, this matter having been considered by the Federal Way city council Land Use/Transportation Committee at its meeting of August 5, 1994, for the purpose of issuing its recommendation for approval of the Application to the full City Council; and WHEREAS, the City Council of the City of Federal Way is the governmental body having jurisdiction and authority to pass upon the approval, denial and modification of the Application, pursuant to the FWCC; and ( WHEREAS, FWCC section 22-490(d) contains the decisional criteria for the Federal Way City Council's consideration of a Process III application; and WHEREAS, the city Council considered the written record and the Recommendation of the Hearing Examiner, pursuant to FWCC section 22~490 on August 16,1994; and WHEREAS, the Applicant made a minor modification to the Application following the AugUst 16, 1994, hearing pursuant to FWCC Section 20-113(e) and in response to Council's comments that there was insufficient buffer open.space adjacent to South 312th Street and, accordingly, the criteria for approving a cluster subdivision pursuant to FWCC section 20-154 had not been satisfied; and ( REst 94-182 , PAGE 3 EXHIBIT A .,{ PAG.E~OF ~u ( WHEREAS, the City Council having considered the written record and the Recommendation of the Hearing Examiner, pursuant to FWCC Section 22-490 on September 6,1994; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Hearina Examiner's Recommendation. The Findings of Fact and Conclusions of Law contained in the Recommendation of the Federal Way Land Use Hearing Examiner issued on May 3,' 1994, following a public hearing held on April 19, 1994, and the Hearing Examiner's Remand Decision issued on August 2, 1994, following a public hearing on July 19, 1994, copies of which are attached hereto as Exhibits "A" and "B" respectively and incorporated by this reference (hereafter jointly referred to as ( "Recommendation"), which recommended approval of the Application, as modified by the Applicant as more particularly described in Exhibit "c" attached hereto, are hereby adopted as the Findings of Fact and Conclusions of Law of the Federal Way city Council. Section 2. preliminarv Plat. Pursuant to FWCC Section 20-63, RCW 58.17.215, and Findings Nos. 16 and' 17 of Exhibit "A" and Findings No. '14, 15, 16 and 17 of Exhibit "B" of the Recommendation, the Federal Way City Council concludes that the Application, as modified, conforms to the suJ;xiivision design criteria of the FWCC and the development standards relating to plats of the FWCC, that the public use and interest is served by the proposed development and associated improvements, including the intrusion by the development access roadway into the 100 foot RES # 94-182 , PAGE 4 EXHIBIT A.~ PAGE-t-OF ~"fY()z$ ( wetland setback, and ~hat the development as proposed satisfies the requirements of Chapter 58.17, RCW, as it will serve the public use and interest. section 3. Intrusion into Wetland Setback Area. Pursuànt to section 22-1359(0) of the FWCC, and pursuant to Findings No. 15 of Exhibit "A" and Findings No.5 and 6 of Exhibit "B" of the Recommendation, the Federal Way. city Council concludes that the decisional. criteria for the intrusion into the 100 foot wetland setback area have been satisfied in connection with the Application, as modified, and the request for intrusion into the setback is hereby approved. section 4. Process III Decisional criteria. Pursuant to FWCC section 22-490(d) and Finding No. 16 of Exhibit "A" of the c. Recommendation, the Federal Way city Council concludes that the decisional criteria have been satisfied as the Application, as modified, is consistent with the Comprehensive Plan, is consistent with all applicable provisions of the FWCC including those adopted by reference from the Comprehensive Plan, and the Application is consistent with the public health, safety, and welfare. section 5. Application Approval. Based upon the. Federal Way City council's Findings of Fact and Conclusions of Law, as adopted by the city Council pursuant to section 1 herein and the minor modification to the plat described in Exhibit "C" hereof, the Application for preliminary plat approval, Blackberry Hill development by Jan-Wes Homes, Inc., Federal Way Hearing Examiner No. 94-09, is hereby approved. RES # 94-182 , PAGE 5 EXHIBIT À.L PAGE~~ ( Section 6. Conditions of Approval Inteqral. The conditions of approval of the Application are all integral to aach other with respect to the Federal Way City Council finding that the public use and interest will be served by the approval of the Application and modifications contained therein. Should any court having jurisdiction of the subject matter declare any of the conditions invalid then, in said event, the approved Application and modifications granted in this resolution shall be deemed void, and the Application shall be remanded to the City of Federal Way Land Use Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to insure that the Application makes appropriate provisions for the public health, safety and general ( welfare and applicable city ordinances, rules and regulations and forward such recommendation to the city Council for further action. Section 7. 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 8. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. REst 94-182 , PAGE 6 EXHIBIT It .1 PAGEJLOF ~1JzJ "'" ( section 9. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Coúncil. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this ~ day of September , 1994. CITY OF FEDERAL WAY MA~~f': ~ M. SWANEY, CMC ( APPROVED AS TO FORM: ~ ~~ . C Y AT , LONDI K. LINDELL FILED WITH THE CI~Y CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 94-182 August: 30,1994 September 6, 1994 K:\Reso\Blkberry; 9/8/94 RES # 94-182 , PAGE 7 EXHIBIT A . , PAGE-1:-0F ;¡" ÐlJlß (" ( ( EJCIllIllT "A" CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN TffE MATTER OF: ) ) ) ) BLACKBERRY) ) ) ) FWHEt: 94-09 FILE t: SUB92-0004 UPR92-0009 SEP92-0008 PRELIMINARY PLAT OF HILL/PROCESS III 1. SUMMARY OF APPLICATION (The applicant is requesting, preliminary plat approval to divide a 2.34 acre parcel into eleven single family residential .- lots as provided for under Chapter 20, Subdivisions Federal. Way City Code and Chapter 58.17 Revised Code of Washington. The pla~ is proposed as a cluster subdivision in order to preserve a forested areas as open space. City of Federal way ,City Code sets forth the subdivision review process as Process III review. Under Process III review the hearing examiner conducts a public hearing on the matter, and. after consideration of testimony and facts presented niakes a recommendation to the City CounciL The City Council then makes a decision whether or not to grant.or deny the ,plat request. Additionally the applicant is seeking approval to intrude .i.nto a lOO foot wetland setback as established þy Sec:ti.on 22-13S:L FWCC. The i.ntrusi.on would be in the fom of roadway improvements associated wi.th the constructi.on of 3rd Court South, the proposed cul-de-sac providing access to the plat. n: . PROCEDURAL INFORMATION Hearing pate: April 19, 1994 Decision Date: May 3,1994 At the heari.ng the following presented testimony and evidence: 1. Michael Thomas, Associate Planner, City of Federal Way 33530 - 1st Way South, Federal Way, WA 98003 2. Tom Touma, Engineer, 15668 West Valley Highway, Seattle, WA ' EXHIBIT A PAGE~OF Z8 ( ( ( ( ,( preliminary Plat of Blackberry Hill FWHE U94-09 May J, 1994 J. Walt Schaefer, vice presideat, 18000 72ad Aveaue South, Suite 206, Keat, WA 98032 - Hike Hiculiaich - 190 South 312th Street, Federal Way, WA 98003 4. 5. Russell Wolf - 230 South 312th Street, Federal- Way, WA 98003 6. Ron Garrow, City ot Federal ~ay, 33530 - 1st Way South, Federal Way, WA 98003 At the hearing the following exhibits were admitted-as part of the official record of these proceediags: 1. Staff Report with all attachmeats. ( ( , III. FINDINGS 1. The Hearing Examiner has heard testimoay, viewed the site and taken this matter uader advisement. The Community Developmeat Department staff report sets forth general findiags, applicable policies aad provisioas in this matter, and is hereby marked-as Exhibit land iacorporated in this report by reference as though set forth in full herein. All appropriateaotices were delivered in accordaace with the requiremeats of the Federal Way zoning Code. The applicant has.a possessory ownership interest in a 2.34 acre parcel of property located at the northeast cortièrof the intersection of South 312th Street and the proposed Third Court South. The site is rectaagular in shape with a frontage of approximately 165 feet oa South 312th Street and a depth of 618 feet. The applicant is requestiag prelimina.t:y plat approval to subdivide the southera portioa of the site in~o eleven siagle family residential lots. The north portion of the site. is proposed to remain in open space. The applicant is proposing to cluster the lots to preserve the forested areas as open space, and is also seeking agproval to iatrude into a 100 foot wetland setback-as established by Sectioa 22-1357 of the Federal Way city Code (FWCC). The iatrusioa is associ"ated with the coastruction of Third Court South, a cul-de-sac providing access to all plat l~ts from South 3l2th street. The property slopes down from east to west and is underlain by Alderwood and Everett Gravelly sandy Loam soils. The s'!~"!:::..h;,~. moderately well drained and. have slight ~XH'8Ir~ PAGE_q_OF £~ 2. 3. 4. 5. ( 'C Preliminary plat of Blackberry Bill FWHE "94-09 May], 1994 6. 7. ( 8. for erosion. They also have moderate limitation for 'single family construction. Soils will support the applicant' s proposal. The site contains' second and third growth coniferous and deciduous trees native to the. northwest. The applicant is required to either retain 25% of the significant trees or replant ,in conformance with the 25% requirement of the FWCC~ The site is inhabited by small birds and animals, but no threatened or endangered species. ' ' West of the s~te is a natural depression known as the Teabos Depression. The depression contains a wetland and the applicant is requesting to reduce the lOO foot wetland buffer to between]5 and 85 feet. Drainage from the site will either be 'retained on site or will enter the Teabos D'epression through a biofiltration swale. ( ( The site is located within the RS- 7.2 zone classification which allows single family residential dwellings as outright permitted, uses on min.ùnum lot sizes of 7,20.0 square 'feet. Said zotle classification also allows a, max.ùnwn lot coverage 6f 60%. Pursuant to section 20-54 FWCC the ,applicant is proposing to cluster the lots on the 'south portion of the site adjacetlt to South ]12th S'treet. Clustering is allowed for the purpose of promoting open space and the protection of natural features such as treesatld wetlatlds. However, the minimum yard setback requiremetlts must be met as well as ~imum site coverage requirements. The applicant has shown the building setback lines for each lot on the face of the" I?~t.The applicant is proposing lot sizes between 2,920 squarë -£eet and 6,700 square feet. Lot clustering will allow the preservation of approximately ]8,775 square feet which includes a large stand of trees in the northern portion. Preservation of the trees provides a substantial buffer between the neighboring subdivision to the north. II < J'.J! I I .,c..¡ 1 , -- II¡-e. >1~ <l<.1!(ZAl(. YVc.. Access to the site is provided by a rivat cul-de-sac (::¿,f ~ constructed to City of Federal Way standar s. Sidewalks will be constructed on the private road as well as, along the frontage of ]12th Street. Landscaping in the nature of a 20 foot Type III buff~r will be installed between the homes and both South ]12th Street and ]rd Ct. South. 9. lO. Considerable test.ùnony from the applicant and residents of the area concern the storm draia.age plan for the site. The applicant presently proposes 'to collect the storm drainage a~ direct it through biofiltration, swaleE>tttIBIVe Teab PAGEÆ...OF zJJ / c Preliminary Plat of Blackberry Hill I"WHE #94-09 May 3, 1994 Depression. A mitigating measure agreed to by the applicant in the MONS requires that the applicant raise the storage capacity of the Teabos basin and acquire easements from impacted property owners. The applicant agrees to raise the overflow level, but is concerned about obtaining easements from affected property owners. Mitigat.ing measures imposed in the MONS are not before the Examiner unless an appeal of the .threshold determination is filed. In this instance no appeal was filed, and therefore the Examiner has no authority to change the. mitigating measure. However, since the City contemplates the Teabos Depression as a regional facility as opposed to a facility to serve this one development that the .Wl city should consider assisting the .applicant in obtaitiing the 7f-------necessary easements. In the alternative the applicant would zJ / retain storm water runoff on its own site. . ll. The applicant completed and submitted a traffic impact analysis which established that the site will not generate more than ten. vehicle trips during the p.m. peak hour, and therefore the City will require no traffic mitigation. Residents of the site will have access to publiç transit. rC. 12. 13 . l4. l5. In accordance with section 20-155 (B) FWCC the applicant is providing l5% of the gross land area of the plat as open space. The applicant is also providing an. additional 23% of the gross land area for open space for the purpose of tree preservation. The total sum of open space equals 38%. the plat will also provide 10% of the required 15% open space as usable open space. Both fire flow and domestic water are available to serve the .site. The Federal Way Water and Sewer District wilr'provide sanitary sewers as there is a sewer main in the South 312th Street right of way. The 1990 Federal way Comprehensive Plan designates the site as Suburban Residential. This designation contemplates a variety of housing types and choices and an economic use of urban land to discourage sprawl. The proposed subdivision meets the policies of the Suburban Residential category as set forth in the Staff Report. In association with the preliminary plat approval the applicant is requesting to construct a .portion of the plat roadway within the required setback from the wetland in the Teabos Depression. section 22-1359 (D) FWCC allows the city to approve a request to locate improvements within a wetland setback if the applicant can establish that the six crite~ia set forth therein are met. Findings req~){dtifE3Îlf cri~ia [)^ f"'-J:: /I ()Ç ~ ( ( c ( Preliminary Plat of Blackberry Hill FWBE 1194-09 May 3, 1994 A. are hereby made as follows: B. c. C. D. E. F. 16. The location of the plat road within the wetland buffer will not adversely affect water quality. The applicant will collect the storm water drainage from the plat and direct it to a biofiltration swale prior to discharge into the Teabos Depression. Furthermore, the alter<;ltions of the depression will not affect water quality. The incursion into. the wetland buffer will not destroy nor damage a significant habitat area. The wetland i~ presently criss-crossed by two driveways with a thud driveway into the wetland setback. The latter-driveway wi11 be the 10cation of the proposed plat road. The buffer ~s vegetated with a1ders, b1ackberry bushes, and grasses which are not good habitat. There wi11 be no adverse affects on drainage or storm water retention capabilities. The 'Teabos Depression has adequate storage to retain the storm water runoff. The app1icant has previously demonstrated to the satisfaction of the city that discharge of the stormwater into the depression will not create adverse affects. ( Incursion into the buffer will not create unstable earth conditions nor erosion hazards. Disturbed areas will be 'rep1anted with native up1and vegetation as required by Section 22-1359 (e) FWCC. Erosion control methods in accordance with Federal Way requirements will be ,required during construction. . . Reduction of the wetland buffer will not affect"~ãjacent property owners nor the city as a whole. The area is not considered open space and provides no scenic vistas. Incursion of the wetland buffer is necessary for reasonable development of the p.roperty. Allowing the small incursion into the wetland setback will ultimately resu.1t .in greater preservation of the natura1 environmental as it allows the applicant to retain substantial trees in the open space on the i1orth portipn of the plat. Both the preliminary plat and the request for a reduction of the wetland setback are subject to Process III review which requires the Examiner to make a recommendation to the Federal Way City Council which in turn makes the final decision. Prior to making such recommendation, tl:\f~ust find that both requests meet the Process II~miq~l..rr; h>r; " PAGEjLOF ~ ( ,J Pre~iminary Plat at Blackberry Bill FWf:lE /194-09 May J, 1994 which are set forth in section 22-490(d) FWCC. Findings required on each criteria are hereby made as follows: A. The proposed plat and setback reduction are consistent with the Suburban Residential category of the Fedex;al Way Comprehensive Plan. The Suburban Residential category provides for a density of four to six units per acre while the appli.canl:;'s proposal provides 4:7 units per acre. B. The proposed plat and wetland buffer reduction are consistent with all applicáble provisions of the Federal Way City Code, including the zoning code, environmental policy code, Methods to Mitigate Development Impacts Code, and the Subdivision 'Code, and all other applicable development codes and regulations. (c C. Approval of the preliminary plat and wetland reduction are consistent with the I?ublic health, safety, and welfare. Approval of the plat will permit development of the site consistent with the Suburban Residential category of the Comprehensive Plan and RS-7. 2 zone. The proposed preliminary plat meets the purpose of subdivisions, as set forth in section 20-2 FWCC. Compliance with all Federal Way Code provisions relating to plats ensures that the criteria set forth in Section 20-2 are met. The plat further meets the design criteria and development standards set forth in Sections 20-151 through 20-157 and 20-178 thL:°ugh 20-187 FWCC as well as RCW 56.17. ' 17. IV. CONCLUSIONS ,- From the foregoing findings. the 'Hearing following conclusions: Exami.ner makes the L The Hearing Exami.ner has jurisdiction to consider and decide the issues presented by this request. 2. The proposed preliminary plat of Blackberry Hill satisfies all requirements of the Federal Way city Code ,and is consistent with the City of Federal Way Comprehensive Plan and meets all requirements of the RS-7.2 zone classification. The proposed plat also complies with all requir~ments of section 20-2 and 20-112 FWCC regarding subdivisions. Therefore, the proposed preliminary plat should be approved. ,( 3. The request for an incursion into the required wetland setback meets the criteria set forth in Section ~xWI~lfCC' Ãd ..... ^ - r- I=-' r'\. 21ft ( (' ( PreLiminary PLat of BLackberry HiLL I?WffE ~94-09 May 3, 1994 therefore should be approve~. RECOHHENDATION: It is hereby recommended to the City Council of the City of Federal Way that the proposed preliminary plat of Blackberry aill be approved. It is further recolDIIlended that the" request to incur to the required wetland setback to allow construction of the plat road be allowed~ (. (. -- EXHIBIT A PAGEJ!LOF ~ .( c. :( Pre~iminary Plat of ß~ackberry uill I'WUE ~9t\-O9 May J, 1994 RIGHTS TO RECONSIDERATION AND CHALLENGE VI. ( ~ Any person who has a right to challenge a recommendation under the Federal Way zoning Code may request the Hearing Examiner to reconsider any aspect of his or her recommendation by delivering a written request for reconsideration to the Planning Department within seven (7) calendar days after the date of issuance of the Hearing Examiner's recommendation. The person requesting the reconsideration shalf specify in the request what aspect of the recommendation he or she wishes to have reconsidered and the reason for the request. The distribution of the request and the response to the request shall be governed pursuant to the provisions of the Federal .Way zoning. Code. Within ten (10) working days after receiving a request for reconsideration, the Hearing Examiner'shall notify the persons who hav~ a right to appeal under the Federal Way zoning' Code, whether or not the recommendation will be reconsidered. The Hearing Examiner may reconsider the recommendation only if he or' she concludes that there is substantial merit in the request. The process .of the reconsideration will be followed in accordance with the Federal Way zoning Code. The recommendation of the Hearing Examiner may be challenged by. any person who is to receive a copy of that recommendation pursuant to FWZC lSS.60.6. That challenge, in the form of a letter of challenge, must be delivered to the Planning Department within fourteen (14) calendar "days after the issuance of the Hearing Examiner's recommendation or,. if a request for reconsideration is filed, then within fourteen (14) calendar days of either the.decision ot the Bearing Examiner denying the request for reconsideration or the reconsidered recommendation. The letter of challenge must contain a clear reference to the matter being challenged and a statement of the specific factual fin~ngs and conclusions of the Bearing Examiner disputed by. the person..tiling the chaLlenge. The person filing the challenge shall include, with the letter of appeal, the fee established by the City. The challenge will not be accepted unless it is accompanied by the required fee. The recommendation of the Bearing Examiner may be challenged whether or not there' was a request to reconsider the Bearing Examiner's recommendation. EXHIBIT ~ PAGE 1$ OF ~ ~ ( EXHInIT "n" ( CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE REMAND MATTER OF: BLACKBERRY HILL PROCESS I II FWHE#: 94-9 1. SUMMARY OF APPLICATION ( . The applicant's preliminary plat application proposes to subdivide a 2.34 acre parcel into eleven (11) single family residential lots. The plat has been configured as a cluster subdivision as allowed for pursuant to section 20-154 Federal Way City Code. The application also requests reduction of a 100-foot wetland buffer associated with a wetland that lies adjacent (west of the subject parcel. . c IT. PROCEDURAL INFORMATION Hearing Date: Decision Date: July 19, 1994 August 2, 1994 At the hearing the following presented testimony and ~vidence: 1. Mike Thomas, City of Federal Way, 33530 1st Way South, Fed~râ1 Way, WA 98003' . .. 2. Ron Garrow, Department of Public Works, City of Federal Way, 33530 1st Way South, Federal Way, WA 98003 Tpm Touma, 15668 West Valley Highway, Seattle, WA 98188 3. 4. Walter Schaéfer, 18000 72nd Avenue South, Suite 206, Kent, WA 98032 At the hearing the following exhibits were adnútted as part of the official record of these proceedings: 1. Staff Report with all attachments. EXHIBIT~'. PAGEÆOF~ CO~V ( "'_~'",'m..~'_'~,~ Blackberry Hill/Process [ August 2, 1994 Page - 2 1. 2. 3. 4. (. Ill. FINDINGS The Hearing Examiner has heard testimony, viewed the property and surrounding area, admitted documentary evidence into the record, and taken this matter under advisement. The Community Development Department staff report sets forth general findings, applicable policies and provisions in this matter, and is hereby marked as Exhibit I and incorporated in this report by reference as though set forth in full herein. AIl appropriate notices were delivered in accordance with the requirements of the Federal Way Zoning Code. On May 3, 1994, the Examiner issued a written recommendation to the City of Federal Way City Council that the Blackberry Hill preliminary plat be approved. At its meeting on June 7,1994, the City Council remanded the matter to the Examiner and requested that additional consideration be given to the inipacts to the adjacent wetland in Teabos Depression; to traffic and access; and storm drainage. Pursuant to the City Council's remand, a public hearing was conducted to specifically consider said concerns. .Based upon the testimony and evidence presented at said hearing, additional findings on each concern are made hereinbelow. IMPACfS TO ADJACENT WETLAND 5. The Teabos Depression is very likely an artificial wetland created by the construction of South 312th Street. Water backs up as a result of the fill placed in the depression to . allow construction of South 3 12th Street. Section 22-1357 of the Federal Way City Code (FWCC) requires a 100 foot buffertrom the wetland even though it is prob!1,bly artificially created. . .- 6. There is not a 100 - foot buffer protecting the wetland at the present time, and even if the plat access road were moved outside of the required wetland buffer, the 100-foot setback would stiIl not be present. The wetland is presently crossed by an existing driveway with a second driveway located five feet trom the edge of the sidewalk surrounding the proposed cul-de-sac. These driveways will remain in their present location if the plat road is moved to the eaSt away trom the wetland. Storm water presently drains directly from the driveways into the wetland without pretreatment. Upon development of the plat the stonn drainage will be collected in the plat road (w!ùch will replace the driveway parallel to the wetland) and directed through a biofiltration swale prior to entering the wetland. Thus, construction of the plat in its proposed configuration will mean the following: EXHIBIT Ir PAGE r:f OF z,f ( c. Blackberry HilVProcess III August 2, 1994 Page - 3 ( 1. An additional incursion into the wetland buffer of five feet in the area of the cul- de-sac to accommodate a sidewalk; 2. Improvement of water quality flowing into the wetland due to pretreatment and a biofiltration swale. Relocation of the road to the east property line would mean the following: 1. Continuation of the present driveways and direct runoff trom said driveways into the wetland. 2. Loss of a significant stand of trees due to relocation of the plat lots-to the north portion of the plat TRAFFIC AND ACCESS 7. A traffic impact analysis was prepared by the applicant and reviewed and approved by the City Public Works Department The project does not generate more than ten p.m. peak hour trips at any intersection identified in the City's six year transportation plan, and no traffic mitigation measures are required. Access to all plat lots except one will be via 3rd Court South, the proposed public road serving the plat Two private driveways presently accessing 312th.Street and serving properties which are not part of the plat will also use the plat access road, thus eliminating two accesses. ' (. 8. South 312th Street is an east/west arterial which provides access to SR-99 to the east and SR-509 to the west At the project site the road has three lanes including_.one through lane in each direction and a center left turn'lane. Pedestrian sidewalks, bipyc1e path, and curb and gutter are also present' According to Metro Transit, two bus rou~~JIIld a van , pass in tront of the site. The bus routes operate Monday through Friday trom 5:40 a.m. to 7:10 a.m. and trom 3:30 p.m. to 5:45 p.m. The van operates from 8:00 a.m. to 3:30 p.m. Mönday through Friday and trom 10:40 a.m. to 5:25 p.m. on Saturday. There are bus stops along both sides of 312th Street in the vicinity of the plat. Accident data reveals a total of 23' accidents on South 312th Street between 1st Avenue South and 8th Avenue South in a three year period. 9. The site is anticipated to generate 96 average weekday vehicle trips, eight of which will occur during the morning peak hour and eleven during the evening peak hour. Impact analyses were performed at'the South 312th Street/1st Avenue South and South 312th Street/8th Avenue South intersections. Both of these intersections are presently operating at level of service (LOS) D and will continue to do so following build-out of the proposed subdivision, The intersection of South 312th Street and the plat road itself will operate EXHIBIT A PAGE~OF z:r Blackberry HilllProcess III August 2, ¡ 994 Page - 4 10. 11. ( ( 12. at LOS "C". It is anticipated that 75% of the plat traffic will travel eastbound on South 3 12th Street and 25% westbound toward 1st Avenue South. STORM DRAINAGE The applicant is proposing to direct plat storm water into the Teabos Depression wetland as opposed to constructing a storm water detention pond on site. A storm drainage study conducted by the applicant and verified by a separate study performed by the City establishes that storm drainage trom the site following the most severe storm (a 100- year/24 hour storm) will raise the level of water in the Teabos Depression by less than 1/2 inch. Storm w¡¡.ter runoff trom the entire drainage basin will raise the level of water by three inches following such a storm event The depression has 3-1/2 feet of treeboard before cresting or threatening the nearest structure. The City is benefitted by allowing the applicant to discharge storm water into the Teabos Depression. The applicant is required to secure easements trom adjacent property owners for the benefit of the City. The applicant is spending thousands of dollars to acquire these easements which will then allow the Teabos Depression to become à regional storm drainage facility. If the applicant is unable to secure said easements, then the applicant must provide its own storm water detention pond.. . The Teabos Depression is currently operating as a de facto regional drainage facility in that the plat of Parkwood Campus to the north of the site uses said depression for storm water detention in the same manner as the applicant is proposing. Parkwood Campus. excavated part of the depression to provide compensating storage for its development. 1:"b.e Blackberry Hill plat does not need to excavate for compensating storage sin~ it is raising the outlet control which also provides additional storage with no<:lanßer to abutting properties. . .."- 13. Flooding occurs along 1st Avenue South by the Federal Way Fire Station. The impact of plat development on this flooding was considered in the.applicant's drainage report. The report established that storm drainage trom the plat will not exaggerate the existing flooding condition. To the contrary, the applicant's modifications to the outlet control structure will help mitigate the existing flooding problem. Furthermore, said flooding is identified as a Surface Water Division capital project CLUSTER SUBDMSION 14. Section 20-154 FWCC allows cluster subdivisions in order to "promote open space and the protection of natural features such as trees and wetlands." Said section authorizes the reduction of lot sizes and the placement of residential dwellings in clusters. However, the EXHIBIT h PAGEÆOF ~ ( Blackberry Hill/Process III August 2, 1994 Page - 5 minimwn yard and setback requirements must, and building setback lines for each lot must be shown on the face of the subdivision plat. The open spaces and protected areas are prohibited from further subdivision or development by covenants filed and recorded with the final plat. l5. Section 20-155 FWCC specifically sets forth stands ofIarge trees as a natural or physical amenity which should be protected by cluster development. 16. The Washington Supreme Court has encouraged the clustering of development in an effort to protect environmentally fragile areas and natural amenities. In ruling on a planned unit development (PUD) which is a method of allowing smaller lot sizes, the court. stated in The Estate of Friedman v. Pierce County. 112 Wn. 2d. 68 (1989), as folloWs: ( A PUD aclúeves flexibility by permitting specific modifications of the usual zoning standards as applied to a particular parcel...One benefit of the PUD is that "buildings may be clustered in the most advantageous locations while environmentally fragile areas and natural amenities. are left undeveloped....Large open areas useful for natural amenity and active and passive recreation. can be retained yñthout sacrificing developing intensity." R. Settle, Waslúngton Land Use and Environmental Law and Practice. Section 2.12 (c), at 68 (1983)..."[A PUD] permits the developer of a qualifying site to be dispensed trom otherwise applicable zoning regulations in exchange for submitting to detailed, tailored regulation. The developer gains choice; the public gains precise control." R.. Settle, . Section 2.12 (c) at 68. 112 Wn. 2d. 68 at 82. (, .. Section 20-154 FWCC authorizes a clustered subdivision similar to a PUD as was discussed by the court. Suèh developments are favorably viewed by the courts and land use experts. In the case ófLutz v. Longview. 83 Wn.2d. 566 (1974), our court discussed the difference between a subdivision developed under traditional zoning and a subdivision developed under a planned unit development as follows: . Traditional Zoning has had the virtue of certainty and the handicap of rigidity. A designated zone authorized certain uses, and no others, absent a variance. While a rezone into a more permissive class might accommodate a desirable use, it might also allow an undesirable one. [n short, the zoning authority was unable to tailor a specific desirable development to a particular tract of land if it involved uses which might cut across a number EXHe,BIT A PAGE~OF Z:I ,C l ( { Blackberry HilllProcess III August 2, 1994 Page - 6 classifications - unless the tract were rezoned to accommodate the most liberal element. In contrast, the POO achieves flexibility by permitting specific modifications of the customary zoning standards as applied to a particular parcel. The developer is not given cart blanche authority to make any use which would be permitted under traditional zoning. 83 Wn. 2d. 566 at 568. In the Lutz case the PUD involved .development of two multi-family buildings on a large parcel of property leaving a substantial portion of the site in open space. 17. In the present case, the applicant proposes eleven single family residential lots in the south portion of the plat. The applicant is retaining a large tract of open space which contains a significant stand of trees in. the north portion of the site. Such provides a significant benefit for both abutting properties and the rommunity in general. Development of the plat as proposed improves the quality of water entering the wetland by pretreating. storm water through a biofiltration swale. Traffic safety is improved by eliminating driveway accesses from South 312th Street, while at the ~ same time contributing insignificant additional traffic on said road. Development of the plat as proposed also provides .the City an opportunity to acquire at no expense a regional detention facility of more than sufficient size to serve the entire Teabos Depression drainage area, and in addition, to . require improv~ments to the outlet which will aid downstream flooding.' IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. 2. 3. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. . The preliminary plat of Blackberry HilI satisfies the criteria set forth in Sections 20-154 and 20-155 FWCC such that a clustered subdivision should be approved. The applicant has adequately mitigated wetland impacts, traffic concerns, storm drainage, and down stream flooding. RECOMMENDATION: The City Council should approve the proposed preliminary plat of Blackberry HilI in its present configuration. EXHIBIT A PAGE 11 OF z:¿ ( Blackberry HilllProcess III August 2, 1994 Page - 7 ( DATED THIS :¿dl DAY OF August, 1994... ( ( ..- EXHIBIT A PAGE ~ OF 2,f$ / RIGHTS TO RECONSIDERATION AND CHALLENGE (( Any person who has a right to challenge a recommendation under the Federal Way Zoning Code. may request the Hearing Examiner to reconsider any aspect of his or her recommendation by delivering a written request for reconsideration to the Department of Community Development within seven (7) calendar days after the date of issuance of the Hearing Examiner's recommendation. The person requesting the reconsideration shall specify in the request what aspect of the recommendation he or she wishes to have reconsidered. and the reason for the request. The distribution of the request and the response to the request shall be governed pursuant to the provisions of the Federal Way 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 challenge under the Federal Way Zoning Code, whether or not the recommendation will be reconsidered. The Hearing Examiner may reconsider the recommendation only if he or she concludes that there is substantial merit in the request. The process of the reconsideration will be followed in accordance with the Federal Way Zoning Code. The recommendation of the Hearing Examiner may be challenged by any person who is to receive a copy of that recommendation. That challenge, in the form of a letter of challenge, must be delivered to the Department of Community Development within fourteen (14) calendar days after the issuance o,f the Hearing Examiner's recommendation or, if a request for reconsideration is filed, then within fourteen (14) calendar days of either the recommendation of the Hearing Examiner denying the request for reconsideration or the reconsidered recommendation. The letter of challenge must contain a clear reference to the matter being challenged and a statement of the specific factual findings ~nd conclusions of the Hearing Examiner disputed by the person filing the challenge. The person filing the challenge shall include, with the le.tter of challenge, the fee established by the City. The challenge will not be accepted unless it is accompanied by the required fee. The recommendation of the Hearing Examiner may be challenged whether or not there was a request to rêconsider the Hearing Examiner's recommendation. Any challenge of the Hearing Examiner's recommendation will be heard by the Feàeral Way City Council. EXHIBITJ PAGE~OF ~ " {;AN -WES HOMES, INC~ (. 18000 72ND AVENUE SOlITH. SUITE 206 KENT, W ASH!NGfON 98032 PHONE: (206) 251-4020 FAX: (206) 251-4021 EXHIBIT C August 18, 1994 City Council of Federal Way 33530 1st Ave. S. Federal Way, WA 98003 To City Council: This letter is presented to help you understand our reasons for designing the plat the way we did and to clear up some points. ( 1. It was suggested at the last council meeting that the lots should have been clustered in the back of the property instead of the tront. We clustered them in tront because there were few trees in fÌont and mostly blackberry bushes and brush, while in the back there is a beautifitl stand of conifer trees that we wish to preselVe. See the attached tree inventory. 2. We could have done a conventional subdivision using all the land. In fact the code requires that we demonstrate our ability to do that before we could use the cluster method. See "Alternative B 7200 Sq. Ft." attached. 3. The 'il/teflt' of the cluster method was brought up at the last meeting. The code for a cluster subdivision as referenced by FWCC 20.154 is as follows: III order to promote open space and the protection of natural features such as trees and wetlands, lots may be reduced in size and placed in clusters on the site. Lots created in a cluster subdivision may be reduced in size below the minimum required in the Zoning Code provided that minimum yard and setback requirements are met. Building setback lines for each lot shall be shown on the face of a cluster subdivision plat. Open space - created by cluster subdivisions shall be protected fÌom further subdivision or development by covenants filed and recorded with the final plat of the subdivision. EXHIBIT h PAGE~OF z.r .,. ( Page 2. City Council of Federal Way August 18, 1994 4. We have been working with staff for two years and four months in an effort to work out all the problems. The design has been changed many times already. 5. One council person suggested we move Lot 2 back and create an open space buffer. We thought that was a good idea so we are revising our design by moving Lot 2 back 20 feet. There is already a buffer about 14 feet in back of the side walk that is part of the right of way. This will make a total of 34 feet of buffer where we will place an entrance monument on the 20 feet. We will landscape the 34 foot entrance buffer and provide for a homeowner's association to maintain the buffer. We will do the same on the Citýs side of the entrance provided the City grants a 20 foot easetnent for the purpose. By this action it will provide the suggested buffer and keep the brush and blackberry bushes £rom blocking the visual problem for vehicles exiting onto South 3 12th. Our revised plan is attached. c. 6. We think that this plat will enhance the area, improve the existing access for property owners, and improve the water quality entering the wetland. TIiis project will also provide a regional storm water holding pond for the City, and preselVe a beautiful stand of large trees, expand sewer access to other properties adjacent to this location that are currently using septic systems. There has been no opposition £rom the public or other regulatory bodies to this plat. We respectfully request that you approve this plat as amended and grant us an easement so that we can create a beautifully landscaped entrance. Sincerely Yours, ~~ Walt Schaefer, Vice President Enc. c: Mike 1110mas, City of Federal Way Planner Touroa Engineers File EXHIBIT 1+ PAGE 1$ OF 2,'1 ,r", "'"'"' / ( ~ \ ¡ i ~ ~ ~- .~. S.0'T?"'.J6' W ~ ~~. . . . _.~ . 618.00' , .~ "- *. . ~*-. {" . ~ ,*.' "'- ")<0.-. ~ -w'..¡Q.- ,~. -- *.-.. i.::J " ... ~'-""'- '*, '*, , -, !:! . ,*."'" 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O'HARA 328 S 312TH STRE::E:T n::OF::RAL WA Y. WA 98003 42' RE:LOCA'Œ OR E:LIMINA'Œ E:x. SH£DS AND ASPHAL T PA no. ZONE:: RS 7.2 S 07"04'36" W ::::;-" . "'T"' -'" -_...../' /-'. ~l,(;-~ --" ,_-,,-,,_'"~" ---'....._--~:.~: STRE:F::r ~ m 98003 ~ >< G):J: m- I~.~ 0 "'~ ~ I .,.. T ----. ,¿ nL'NA 7 WI! N£ I I LOW F:NìNCF: SlON 1,:.1-- \!I' ¡"""'" f -:¡'iIJW,;¡"- Ii ¡ OJ' '(j IlLJ en lLJ ~ 0:: -¿ l\ ~ f-.... .1 h "I ¡ i; 31: '" "!Ie Uh :: ~ I!I () !I!' !if III! >- i ~-@'Îì ~ " ~ <3 ;f;"1..~' ~ ~~ !i ~,,~"'" "'NNN_.""-'--' "'93N/ÐN3 v"'no~:tlJ.,. 1 V1d )'~JIIN/YIn3(Jd 77tH J...8tJ38XJ1/78 ì ~i - i ~ ¡. .. : g~i,ã~~ ~ L ,~ d à ~h i~ I I . ~ ~ ~. ~ "i ~. '.~',~~ðt'¡ i .. ~ ! I ~ ~ ~¡ it. 12 ~ ' ~ ~ ~ ~ . !; Ii ¥ ~ e"¡ì .~ il . ~ , ~ ~ , '."i . 2 . ~~ ,~ Ii ,2 =, ¡! n 8' ~ . d ~. Ii .~ ~ I ~ ~ " , ". .~ e. I. II ~ ~ ! ~ ¡ ~ ~ ~ ~ ~ iä! I ~ Hd~Un~n,d ì ~ i I~ .a ~~ ~~ ¡~ ð~ "'.- ~~ ----i¡---I------- , \I J.33è/1.S Hi;;;!£, S .' .1 '-11"",' Ie !i~ I,' <. . ~. . <~~ : "I! ~ -, EXHIBIT ". """'" ¡ - i ! !."þ. 'i, 'I ::f:. : '¡II 1""- ." I ¡!;l ;1 ~¡ I þ ~ ) ~ ~ ~ i:õ~ ë;i~ ~;i~ ill !"~ ..d h;¡ ¡i~¡ m¡ ~ II II BLACKBERRY HILL A PORTION OF 1HE N.W. 1/4 OF SEC1lON 8, TOWNSHIP 21 N., RANGE 4 E., WM CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON /-_1 I . . / -- .....o I _L CI.II'Æ DATAl . LDT ACCÆSaEI> . 6Ð £<-£J,Ø-T' """""""....","', ITT CF RÐEIW.. WAY R.E NO. SlII82-0004 II I i . II § . 1IW:T A CHN"1Œ ,,"".. --- ........ - SEE "",.. .. , 0 1J:I 41:1 ~ fJJ:/ 120' ""-"ßr-«1 L.EOBÐ ED "-"""""""LL- 0-"'__0- I ~... I -....., -- ,LEN IlId ENCIfIÐI' Q :D2I a - ST. AIØIW, WA 8X) (2S!) 874-OB1 &EET 1 CF 3 BIEEnI ~ I I~ BLACKBERRY HILL A PORTION OF THE N.W. 1/4 OF SECllON 8, TOWNSHIP 21 N., RANGE 4 E, WM CITY OF ÆDERAL WAY, KING COUNTY, WASHINGTON ~ 12!3ii;: .....,. ..., ~.I K-rrI./hh-/~-:: -4_-~ .-rSEU-' /"""""" <~---"" _"7 ~ct,-. ------C,.:-- ~ v", P"u,_~r """'" """"""" ,W"""""'" <ie, ~ STATE '" WASHINC1!)N COUffi' '" ~'":; ,'~':','~.i"'",..."'nS"cl""""""""""'i.,;;;..~~'~ -_."'IE~""""""""""""""""""usa...,"""""" -~""'..........." --- ..."" .",:1" 1 , :;:,,~..:.o ' I>u... ^f.~. ' nn£ ;7'"" 6-"."., '--..-' Of"""""""""" STATE '" WASHIIIC11JN COUffi' """""" IŒJmfY""""""""""""""""""""""""""" ,..--" ..... 1\1$ '""""""" -_.1tI1E~"""""""""""""""""'usa-"""""" -~""'............' ..."" '>,/d- ...._~..._' ~ ' ""'"., I \Jti' nn£ ~/rF ..,,"",-- Of"""""""""" yV'" STATE '" WASHIIIC11JN COUffi' '" .....-n IŒJmfY_"""""""""""""",:,",~"",~~"'udJ =:: ~':; :¡'~ ~ =...,.M>OOOOOm ;~"""- 1tI IE "'" III£[ .... 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AI.Ø.JI , WA 8IOOt (2S ) 174-01511 IH£f 2 OF 3 StEET8 BLACKBERRY HILL A PORTION OF mE N.W.1/4 OF SECllON 8, TOWNSHIP 21 N., AANŒ 4 E, WM. CITY OF FEDERAL WAY, KING COUN1Y, WASHINGTON AI'PfIOYALS DEPARn ENT OF COWWUNITY OEVELOPWENT ..-ED ""'....."", ""'_O<Y or- ,.., O'UOIUCO<>ROO;"""""" """""""""""""'"",_o'<Yor_,.., """"'" or """"-"TY """""""'" F£D€RAL WAY CITY COUNCIL """"""""""""""""_o<Yor_".. m<sT aN"""" ...- aN or """'" WAY ""'" COUNTY DEPARTIÆNT OF ASSESSWEHTS EX-.. ..., ....."", "'" _OOIY or_,.., .... axMIY .....,.,. CEPUTY .... axMIY .....,.,. """""" OM&» FINANCE DMSION CERTlF1CATE , >ÐOfJW CERr<Y 1M" ..... """""'" YAXES ME .... -. M;R£ ME "" """'.,"" """" """"""""""""""oma:"", """""""'..."."..... """".........,... ........ '" "'" omct: .... """"""'" ... - or THE P>OOPÐnY """'" """Me. .,,"o."ED """"""""'001""_""" O'UOIUCUSE. ME',", ~IUU.. ""'-""'or .,..,. CE ...... CEPUTY -"""""....... EASBBIT PAOVISIONB NÐ IESERV A 11ONS ...... .......... """"" ..... "'" nest ""RPOS<S ........ .. """""" .. ..... .. --.. '" ""'" -_. """""'UNa """"PUŒI>OOI...-nœ",..""""....."""" 001 ""'" ....... THE ..... ........ .. .............. 001 ~ """"" An>a1ED '" A IUIU>OHC. é~!Y -ß-s aJmf1CA1E NO. """ em' OF fBEW. WAY FLE NO. SUI 02-<1004 lEGAl. CEBCfPI1ON """'PORT1ONSorTHE""""""""""""""""""""""""""" '.""""21""""""""[AST.."",~",CDI.WIY.- OESCR&D .. ........., PARCEl. k ~~ ~or~~~ ~'":" -=. :... R£<".""" NOS. .......,.. ... """'"... OÓNcCDI.WIY"""ItA"""""'."""""",................"". ""'"""',""""""'""""........,,"""" """"'"~.... CDI.WIY ....... """.... ,,-,-a,a..- ""'"' """"'..."". ""'_1E~"""""",""""".SWEor""""",". PLAT NOTES . """'THE""""or""""""",or_m_"",- 5ruØ-ovT "^"'" """""'" <OR """'" """"'" we"", """"" ...... """- """"'ED "'THE...........""....... ..-..'" """""'THE"""""'" $>.OPE .... THE """"""" HOUSE. a. A""'" or """,'~........... '" ,.... ""....... ,.. """ ...... ""THEDmOEItA'........WMJIU"OJS<.oC"""SPÞ<:[. ""'...... 5'173"""" "". 7. THEItAT5"""""""""""""'_"""""",~", ~ ~ ..."'= ~ ::n--:x.~'~!/"- _.~. ,. """"~5""""SET_""sm:.........__. ......... ......""""""...........""""""""-'.,.,_. -"""""'" """"H"'A>/""""""""'~THE"""-""'IDT"""""""" OE£w<u'Y""""""'<ORTHE""""""""'..............or...... EXHIBIT Co. PAGE~OF :m1s.Bndsr. AL8JIt WI. II8DOI <=> 174-0158 SI-eT 3 CF 3 SI£EIB ~ I Ii! CI) Q) :J I:: Q) ~ êií ..- CI) ~ -G J: 0 '<= .0 ,f ~ N Federal Wæ¡ CityMap Exhi bit D BlackbeITY Hi II Vi ci nity IVIãp SCAI...E 1 :9303 :Ji9: 7his !IJ!IP is - for use as 8 g-ap/ica/ - only. Iha City of FédaralIMIy malæs no -..ny as 10 its acx:uacy. fID[JJÆ~u RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE FINAL PLAT OF BLACKBERRY HILL, FEDERAL WAY FILE NO. SUB 98- 0002. WHEREAS, the preliminary plat for Blackberry hill, City of Federal Way File No; SUB 92-0004 was approved on September 6, 1994, by Federal Way Resolution No. 94-182; and WHEREAS, the applicant has satisfied all of the conditions set forth in Resolution No. 94-182 and in the August 12, 1996, Recommendation of the Federal Way Hearing Examiner; and WHEREAS, the applicant has submitted the application for final plat for Blackberry Hill within the required time of receiving approval for the above referenced final plat; and WHEREAS, city of Federal Way Department of Community Development Services staff, has reviewed the proposed final plat for its conformance to the conditions of the preliminary plat and the Federal Way Hearing Examiner; and WHEREAS, the Land Use and Transportation Council Committee considered the application for final plat of Blackberry Hill at its November 2, 1998 meeting and recommended approval by the full City Council; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Res. #-----' Page 1 EXHIBIT f PAGE._t_OF C/ Section 1. FindinGs of Fact. Condi tions and Conclusions. 1. The final plat for Blackberry Hill, City of Federal Way File No SUB98-0002 is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effect at the time of the substantially complete application. 2. All conditions as listed in the Federal Way Resolution No. 94-182 and the conditions in the August 12, 1996, 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 as allowed by Federal Way City Code section 22-133. 3. All required improvements have been made and sufficient bond, cash deposit, or assignment of funds have been accepted, or will be accepted, prior to recording 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, or will be paid prior to recording the final plat. Res. #-----' Page 2 EXHIBIT ~ PAGE~OF 'I Section 2. ADDlication aDDroval. Based upon the Findings of Fact, the final plat of Blackberry Hill, City of Federal Way File No SUB98-0002 is approved, subject to satisfaction of the maintenance conditions that are required by the city. Section 3. Recordina. 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 . Severabilitv. 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. 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 , 1998. Res. #-----' Page 3 EXHIBIT € PAGE~~_OF t{ CITY OF FEDERAL WAY MAYOR, RONALD GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. K, \RESO\FORM, II \20\97 Res. #-----' Page 4 EXHIBIT E' PAGE-LOF -L " .~ ! ./ .{'-: / . CITY OF FEDERAL WAY OFFICE OF THE HEARING EY~INER IN THE MATTER OF: BLACKBERRY HILL UTILITY PROJECT PROCESS II FWHE# 96-12 UPR95-0033 I. SUMMARY OF APPLICATION The applicant proposes to locate a sanitary sewer line and a biofiltration swale within a wetland buffer associated with two wetlands found in what is known as the Teabos Depression (Exhibit A). IT. PROCEDURAL INFORMATION Hearing Date: Decision Date: July 30, 1996 August 12, 1996 At the hearing the fol1owing presented testimony and evidence: . 1. Michael Thomas, Senior Planner, City of Federal Way 2. Walt Shaffer, Applicant At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. Staff Report with all attachments ill. FINDINGS 1. The Hearing Examiner has heard testimony, viewed the premises, admitted documentary evidence into the record, and taken this matter under advisement. 2. The Community Development Staff Report sets forth general fIndings, applicable policies and provisions in this matter and is hereby marked as Exhibit" 1" and incorporated in its entirety by this reference. 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code. . 4. A Mitigated Determination ofNonsignificance was issued by the Environmental Official EXHIBIT l' PAGE_LOF if ( r;.. "'", -2- on May 25, 1996, There was no appeal of said determination. 5. The plat Blackberry Hill which is situated on a 2.34 acre parcel immediately east of the subject property received preliminary plat approval on September 6, 1994. At the time of preliminary plat approval the City Council also approved, as part of the resolution, a reduced wetland setback to allow for the location of a cul-de-sac which will serve the subject plat. The approved design of the preliminary plat had the biofiltration swale located in the northwest portion of the site, The sanitary sewer line was to be extended trom the. south under S. 312th St. and across to the plat preliminarily within the street right-of-way. The applicant is now requesting to locate the biofiltration swa1e and a portion of sanitary sewer line in a different location than what was previously approved. In order to locate the proposed facilities within the wetland buffer, the applicant's . proposal must be reviewed and approved under the City's land use review Process II. The decisional criteria for the Process II review is set forth in Federal Way City Code Section 22-1359(D). The criteria is as follows: A. The proposal will not adversely affect water quality. The location of the sewer line and biofiltration swale within the wetland buffer will not adversely affect water quality. Run-off from the plat and cul-de-sac will either be directed through The biofiltration swale prior to discharge into the Teabos depression or be routed in catch basins equipped to cleanse the run-off. To prevent against possible breakage and contamination of surface water, the applicant will be required to use Ductile Iron for any portion of sanitary sewer line located in the wetland buffer. B. The proposal will not destroy or damage the significant habitat area. The buffer is vegetated by alders, blackberry bushes, scotch broom, and invasive grasses which provide little habitat value. The addition of native plants and shrubs as identified in the mitigation plan will provide the potential for increasing habitat value and therefore the proposed intrusion will not adversely affect, destroy, or damage a significant habitat area. . C. The proposal will not adversely affect drainage or storm water retention capabilities. The Teabos depression has the capacity to adequately retain storm water run-off from the surrounding properties and therefore the intrusion will not adversely affect the drainage or storm water retention capabilities. D. The proposal will not lead to unstable earth conditions nor create erosion hazards. Those areas disturbed by earth work to install the sanitary sewer by a biofiltration ' swale are required to be replanted with vegetation to reduce the potential for erosion or sloughing. Any earth work must adhere to engineering standards adopted by the city and therefore the intrusion does not appear to lead to unstable earth conditions nor create erosion hazards. E. The proposal will not be materially detrimental to any other property in the area' of the subject property nor to the city as a whole including loss of significant open spaces or scenic vista. The site does not represent significant open space nor does EXHIBIT ~ PAGEkOF 1/ . . ( ( -3- it provide an opportunity to view scenic vistas. The proposed facility is designed to minimize any affect on adjacent property owners. F. It is necessary for reasonable development of the subject property. The proposal to relocate the plat's detention pond and sanitary sewer line is driven by several factors including, but not limited to, the fact that the applicant would have to sink the proposed biofiltration swale on the plat to a depth where it could effectively collect storm water from the plat resulting in a large hole prohibiting access for maintenance. The proposed location also provides for easy maintenance access and lesser earth work and therefore appears to be necessary for reasonable development of the subject property. . 6. . Prior to obtaining Process II approval, the applicant must establish that the proposal satisfies the criteria set forth in Section 22-443(C). Findings on each of the criteria set forth therein are hereby made as follows: A. The proposal is consistent with the comprehensive plan. The application is consistent with the comprehensive plan policies of mitigating for impacts caused by development and using wetlands as regional storage facilities to promote aquifer recharge (See NEP II, NEP 37, NEP 41, NEP 42, LUP 7). B. The proposal is consistent with all applicable provisions of the code including those adopted by reference from comprehensive plan in accordance with .the adopted administrative procedures. The City's Development Review Committee reviewed the proposal for conformance with all codes including provisions of FWCC Section 22-139 regarding intrusions into wetlands and found that with conditions it would be consistent with applicable provisions of the code. C. The proposal is consistent with the public health, safety, and welfare. The review of the project did not identify any affects on the public health, safety, and welfare. The areas of primary concerns such as water quality and loss of wetland and buffer have been reviewed and mitigated through the applicant's development of a mitigation plan. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The applicant's request to locate a sanitary sewer line and a biofiltration swale within a wetland buffer with two wetlands found in what is known as a Teabos depression should be granted subject to the following conditions: A. The applicant must secure from the City of Federal Way, Department of Public EXHIBIT f , PAGE 3 OF-Ï- ! / B. DECISION: 8. . -( ( -4- ~!' Works, Surface Water Division, an easement 'for placement of the sanitary sewer line and biofiltration swale. To guard against breakage anà possible surface water contamination the diagonal portion of the sewer line (that section that traverses through the wetland buffer) must be constructed of ductile iron. The applicant's proposal to locate a biofiltration swale and sewer fille within a wetland buffer area should be approved. EXHIBIT F PAGE~OF if i ¡; .~ ¡ e os 15 :;/= :~ ~~ !Ie '" ~ ~ ~ !It '" ~ ~ ~ ~ ~ ~ ~ ~ê -- ---.---- 133HS H3\O:¡ fVYO1S ONIf !JNlOIfW 771H ).YY38XJV78 -- .-....... ~ i i ~h~d ial¡HI 1IIIv!¡¡ ~ ~ ~ ~ ¡¡HUH BH!~ h ;HH~~~ i: ¡ ill. ~ I ~5i~ ii-: I. !u! I ¡ 1'. II~~ . \ I~I'I I '\ I ~ I \ ~. "'.,;¡¡ ~.;or-- - ~ ~ i I~. . ê ~ , ~ i ~! ~ lis at iM :I~ :ii~. r~' ~i~ ~ li~ ~ e~i ~~~ ~~I §~~ ~ ~ ~~~ §\1~ ~ ~ §~~ ~~! I ~ i~~;; ~~Ê i ~ -i~l!l ~~¡ , ~ 9~iU 5~~ h ~a ~þ i .~ dJ ;i~~ 11;: I;!! I~I~ ~M Wtbli §:i" . ~5~~ I!!i ~lIi~ dM. "~ ig ~I' i~¥ ~i¡ ~~. ;Ii j ¡ j ,q ~ 51 ~ i~h!! . . ..s ~~~~~~II ~=p~&~! ~ Jh5.H, ~ ~ ~ u ~:U t ~HHl,U ¡ BIHhii~ ;10 ~ ì~§§ ~~I~ ... h¡rJ. t! 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I, ' i'o' - 'J I j!;", " Ftlr! ¡ :1" ~ ~;fL~~ li 'f I '0 I "')~j;'.I"'--! r _:=~=j '~J Î,' sP. !!.M ~ III ' 'l¡iìi~1 I i' ~ .s irD ill ~ !If; , h, ~ I~I~~ ' r !ii :~:~IT, & ~§:ì~i I~: PA~~ OF ~ .-- NY1d 1OliJ.NO:J 7Y.J.NOZRJOH 77/H .Œ~38>1:}V78 '!II'~:'L Si nU- , 1/1'1 I , II ; 1"1 '¡ ,: " . , . . --4U!!.-.-L' - - - . ........ . Ì! d: : ~f i -- -"!-....--- ~ EXH I IT G- PAGE~_OF ~ -- -..-...--- -..........& ~,=:,,-=-.z:3. I" : it:!? , () ¡ oJ~ ! "'~ ~~ " '( Q: , i .. !!, i 2 10; ~ ~ t'; ~ it: ~ ~ ~ ~ ¡ tI ~ ~). ~ ~~ !~ ! ,,~.- ~ . '- -- S31WlJd 3ÐVNf'(lJ(] IUJO1S'" ÐNIO'Il/9 77/H J..YY38>IÐV78 .. ~ ~ ~i' Ii II ì ~ h ~. Ilk &f" . ~ aU' tiS ¡'Ii II.! ~I; ~ . ~ ~ - -..--1 . ~ ~ ~. A PORTION OF" Tlœ SW1/~ OF" THE: NW 1/~ OF" SE;CTlON B. TOWNSHIP 2' N., RANGE: is E:.. W/,(, ÆOE:RAL WA Y WASHINGTON IV II F"-~~-:::-::J. jl "T'T'T'II ___,Ii ~ Ii fLfi....cr"'~'~"~ ~U ~!" ,- ~\ U U U it ~ "--,.. '~_...._-_. "--... ;g('::="" -a BOI.U.RD PLAC£:MéNT .- "--~""'~""-""~""""'" "/1"- -".."'~..........""".......... --'/1"- -".."'~...... ...._-~""""", A-A TYPICAL SECTION ~.;¿:~. ~::X:"") ~ I ~ï- ..- ,';.i;'j:';"<',::, Yo,;:,..,">~'~ ! L-.,'~~ .~~ ~._-~. CEMENT CONCRETE: VERTICAL CURB AND GUTTER .", GENERAL NOÆS - ~~~~ž.~~i:.: , =':r;~:='=.,o:::.';.':'~':'a~'::' _...=-~..., --_._~-""""'--- -"'-~_..._..,---- ~~---~..~ - -_._---,,----~-- - =--'-"'-:I:::".-;~~7".::.:::'~-::..:"'.----' . '=*j~'!'=':':'~.:='"?o ~- - - ------~--,----- -~_~"'__a~__""--' -- ..-.- __,.--a-- _~'H'.'_'."'~' -~._. 0 'm U\::¡ ¡---r- 0 ;I(P f'1U.M<LHO= RDIOVABLE: BOI.LARD " ---~;:o..=--- :r::¡.¡;O--""'="-J.._-,=:¡<'- =::tJ>'-"'H_'_'__'-~ - ---_..~--,,~- , --~._-_."~~,, FIXED BOLLA.'~p . ----.----- ,.:c:,y . ~--~. III1M'IC& . ---.-- DRI1of'WA v'D£TAIt,... . o_-~-,,~. . æ!l="!:F'...:..=:'=...i5':'¥.i.W-"t- u, ,:;-==":"'--...----..--- " -"""--,,--_._-~ " ~=:=.~--_.-~. " ii:.-W.:!~~~X~~' ~ ~~='5.=.r_:>'~~ MAILBOX MOUNTING DETAIL .{'t" I,' " ,.. f .. 'l,¡l :~n ~&d .--,.1 I ¡;) -J~ ::::!o\ ::tv) >-'" Q::~ 8J~ Ç[j.~ ð~ ~~ ;:;:1"" .....I;:j ~ v) - ~$ A PORnON OF TH. l: SWI/4 OF THl: Nw. 1/4 OF s~cnON~'.ro .. IP. 2 .'. N.. , FF:Dl:RAt WAY -.-..:::"".'. . 'A .f2BÆ.t:ú ~ ~-~'-"'-- , ':.:.::::o._~-K_"'."'"-." --....- . ~=~3t~-i.~:..æs.. :.=~-.... ,.; ~."" Æ. . -- .'-."'--'~---'_D'" "."'. -'-~~-K r.- .~ . . '---K"___._.----- _'roo" ,- g . . . --- ,.-..- i ' ."'-"""""-"~-----'--D '-"=-'f:' S:¡~-~'::::':;'.'::.\=:,:~:'kn. ,~... ,/:1':;,'" PLAN ,,£w . . .~---"'--._--......... «."'... .J."'. ~':':::.:-~"'...._---..- , .""""""'--'--.'-"""_K" .............-.-..--..-.... ~=::.:.'I.:'~':;~-"-'--. ~- . ~~J;r~~.~ --~..""""'_....-...__..- RANCE 5 l:.. w'M. WASHINGTON INT1!:R<:E:PTOR SWAL£ £AST PROP£RTY LlN£ , ":~':-"=~~::::-'~¡~="'--"""'" C8' . CA TCH BASIN TYPE: /I ..'. ..'" <>v*<"" S£PMA""'... " -""'::'---.'_0_""'---="""- ~.:;':.':c-~'~~"'" -- " ::'-;.:t:=~~~"'-_..- 'J ---.--------.-... .---... " ~~~...:;~..:::",-:-..":'.::.'~- -"'-...-. .. ~.~....._._-,----..~ ----~ - ~ .:.s ~~1m -~ -;;;--- ..J.L ~~ =t...~ ~ TRASH RACK DF:TAIL ... -.--.-.... ---'-'-- ,.",-...~ ------------- 'ifi::~~ :m:-...:?_r~...""._..~",,-, ~:::"mm'!'.œ.:'I'.I:'~--"K SEE:O MIXTURE TABLE: ( FOR BIO -FIt TRA nON) -- """"" """"" -.--- "~'-" =-".f"'.~~~ J-..":::~""' ". u ~ ,""""""...."""'-.,... .. " ,- ~w... .. ......, -.""""""""""") - .. " _""_MO -"""",,- ". .. .. I !TYPIC~L CLE:ANOUT DETAIL ~L' T OR.,NAC£ TO 'e'" SYS1FM. ïll~ tAl" 11 -,.....!!Ut!!!!1 .::: ::~ ,.,'" .M.J.n. BIO-FIL mA T/ON DITCH DETAIL ........... .. ,.. .p . f I PI ~: ¡;¡ :j !i1 :t ~ ).. ~ C1:: ~ e:¡ ~ ~- ~ ~ ê3 15 ~ II) ì , -om »)( G):t m- ,m ~~ i 0 ï1 ~ '~ L ., . ~- t I " .L~~. A PORTION OF THE SWt/4 OF THE NW, 1/4 OF SECTION II, TOWNSHIP 2' N.. RANGE !S E w'M. FEDERAL WA Y WASH" 'GTON jQo ?;;T:l~ '~ j/f.'Jl w.s. . ZJ' . .,' E/,. . J!t.oo' SŒ S£DI""" mAP D£lA~ SHT' OF . . SP~L"AY D<rA~ SHTO OF . ~I~ I "'/ I I I I '[!!i'~T'.fi'r'frOF . -"I "".... ODN""~C1J"" <H"'AHC£ '00' . ..' . " 1M"" .'- .' DfJ.lfRY SPALLS SŒ DCrA~ SHT. OF . SCALE:: ," - 4D' ,-,-- ~ ',M"U M~~U~'M'.~ ,'IPE RUNS AR. PERMANENT INSTALLA TlONS. INFORMA TlON TO CONSTRUCT LOCA TED ON SHT J OF' 8 .. ~"==""r._""'u,,--~..~~, ':':N.'rfl,¡';f'.'.r:::r.::.~-~'- ¡ I ~ I HI < t! ~H .. I ~! '" "< ~ -.1.;5. ::::!I!: :c:~ )...'-' 0:::«. e5~ ~e¡ Cj>- :5~ Ct)~ ~ -,~-""-"""" ."'--~ ::;::r;.fj , .-\ PORTION OF THE: SWI/4 OF THE: NW FE:OE:R.-\L W.-\ Y '4 OF SE:CTlON B, TOWNSHIP 21 N., RANGE: 5 E:.. WM. WASHINGTON JCnON SCOUCNCC NOIrS , ---"""""'-""--_'M.~ M""". ."......-...""""", , ...,--~~-"'--~ " M'.'__",-,,-- <-"'~- , "'-,,"-M'~_._._- "--""--."""",-,-"-",,, M'~--._~."",--""", . "'-_....'" , \I'I:".'"':>'.'J,'g:"C:'r.~--,-". . -"'----._"'-..... . M'~'_",-.._""",-- ._"'""",.._,w."'.""..-o,.~. "."~._"'--"""""""""'.M'W'" """"""'.,--.. ... .,,~ .......... 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'., EOO$1ON/SEDIMCNrAnON CON""" NO,.. . ~~~~-=~~~..!1:O'¡ - =-.::tæ;=r:=,ê¡1:.::;¡~~=~ t...'::~ &=:Œ"='-=-"-""l...~.7:ï!-:¡' ~~""""",~-j1f.~.I::.'I..":':\f:'.'I::',..".:!t- .. :.-.:g,'::"".:1:=.":.::.a-_-.rrz.."":'=¡;::=--_, =\':"r'::,'li:m",:":':'-:'.!:..~ "'- '~-,_n_o,~_._- . -_..~-.._~-""-_.- ¡:æ~':'--=r~=¡¡¡..==.:::xM"':- - . --------"'--._.a_- -_M_..___--- !t;: :!~="I£":m:T:: ~~W ~ ~""I1...'"'I:1.Il'W~~'--""_-_" :....t];1r.::t'J-=.::::I:Irf.°Ifl=.ll=:1==' ¥J æ.~ ~'!=.::::'1=. ~ ~~ ~'=!< ~ ~.. !it:. ""'t -::~ -:::::r ":=.~";.I.:. ~:e .g;~~:- ~M-=='::;='::::"i.\I':::~~'....",--=-';',= ~'¡\,,'~"_._--w_---~_. ," ""-=r.'!r<'II---~'~._"'--'~ ~:Z~~~¡:~l~:' =::~~:..=æ:..M~':'-= .r.:>.:.=:: '_'.'0_"___,-----"..,. ~"'-~M_~ .. ,..¡._.._---, --~.. -.. ----"".'."",x'"".- -,.._~ . I , ~: II. . I ~I ~ -.J~ ~~~ )...ìš~ Çt: ~<\ es IS~ ~~~ ~~l!I 15~ ¡ I =-,a_-......--""""---' -"""""'" --..,-..... -. ......,-;:...,..,.- ., ':>NI 'S31\fIJOSS\f \fè ~31 .,..,,:." mH"-m NV1d IIJI.JY.13C1iLG XMllS OI/Y1J3" If 1111 !II 1;1 If 1~. i . I ~ w n ¡ 1." ; 1m {II 'II If I ill . - / / , ~ f t I lfilU I H f J! tUII~1 j! Iff ¡If! !! !H,t! I !! I. If jJ ~if II t, J¡, !t m~u II It i I it 1!1t ¡Ii 1! f tî 'If il ¡¡!J!f'. [.1 I! iJ t I! 11fll. ill ! ! ¡: tAl If {'Iill'¡ JII,! 11 "¡I.¡rlIll{'jl,lf! tIHtu!i H}f! tit! hill l!i ¡t.t¡ .1 ,tll III'I! h , PIP f\ II ,¡, 'I {I, In jl r ÎI t!l III I i¡Un! It I fill 'IIi! I I~i fill HL HI i Ii! un Hi j~llhlll!Jlj!-- - ---.. "--", Ii '/ ~~::~~i:J,....q- H ì~ 1. > r 1"'1 p . t ... c c , , ~. .. I H!! If EXHIBIT PAGE~t_O ~