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Res 05-447 RESOLUTION NO. 05-447 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF SAG HALlE FIRS, FEDERAL WAY FILE NO. 04-1 03295~00-SU. WHEREAS, owner Kevin O'Brien applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Saghalie Firs and consisting of 9.57 acres into thirty-four (34) single-family residential lots at SW 341 st Street located east of 21 ,I Avenue SW; and WHEREAS, on February 5, 2005, an Environmental Mitigated Determination of Nonsign!fìcance (MONS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Poli(:y Act (SEP A), RCW 43.21 C; and WHEREAS, the Federal Way Land Use Hearing Examiner on AprilS, 2005, held a public hearing concerning the Saghalie Firs preliminary plat; and WHEREAS, following the conclusion of said hearing, on April 27, 2005 the Federal Way Land Use Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and recommending approval of the Sagha1ie Firs preliminary plat subject to conditions set forth therein; and WIIEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-127 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and WIIEREAS, on May 16, 2005, the City Council Land Use/Transportation Committee considered the record and the Hearing Examiner recommendation on the Saghalie Firs preliminary plat, pursuant to Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all other app\ icable City codes, and voted to forward a recommendation for approval of the proposed Saghalie Firs preliminary plat to the full City Council, except the Land Use/Transportation Committee recommended to eliminate Findings number eight and nine and Condition number three ofthe Hearing Examiner recommendation; and WHEREAS, on May 16, 2005, the City Council Land Use/Transportation Committee recommended to the City Council to allow clearing and grading of the site as proposed by the applicant in the "Proposed Clear and Grade Alternative- to Control Drainage" (dated received: r;ebruary 3, 2005); and WHEREAS, on June 7, 2005, the City Council considered the record and the Hearing Examiner recommendation on the Saghalie Firs preliminary plat, and the recOl1nnendation of the Res. #O5~447, Page I Land Use/Transportation Committee pursuant to Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes. NOw THEREFORE, TIlE CITY COUNCIL OF THE CITY Or FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findin?,s of Fact and Conclusions. 1. The findings of fact and conclusions of the Land Use Hearing Examiner's April 27, 2005 Report and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council, except for findings number eight and nine, and condition number three arc not adopted. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. 2. The Federal Way City Council hereby eliminates findings number eight and nine, and condition number three of the April 27, 2005 Hearing Examiner Report and Recommendation, and tinds clearing and grading of the site as proposed by the applicant at the tÎlne of plat infrastructure will promote efficient construction ofthe site, and eliminate the risk of on~site stormwater ponding. Furthermore, consideration of surrounding zoning and uses, and the lack of ability for long term preservation of significant trees on the site make the site conducive to clearing and grading at the time of plat infrastructure construction. 3. Based on, inter alia, the analysis and conclusions in the Staff Repol1 and Hearing Examiner's recommendation, and conditions of approval as established therein, and the establishment of a City Council finding allowing clearing and grading or the site as proposed by the applicant, the proposed subdivision makes appropriate provisions ror the public health, safety, and general weltàre, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are required by City code and state law, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 4. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Approval. Based upon the recommendation of the Federal Way Land Use Hearing Examiner and findings and conclusions contained therein as adopted and revised by the City Council immediately above, the Saghalie Firs preliminary plat Federal Way 04-103295-00-SU, is hereby approved subject to conditions as contained in the April 27, 2005, Report and Recommendation of the Federal Way Land Use Hearing Examiner (Exhibit A) as rHoditìed by findings and conclusions adopted in Section 1 above. Res. #05-447, Page 2 Section 3. Conditions of Approval Intellfal. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void and the preliminary plat shall be remanded to the City of Federal Hearing Examiner to review the impacts of the invalidation of any condition or conditions, and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welfare, and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase ofthis resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affinned. 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, THIS7th DAY OF TUllP ,2005. FEDERAL WAY ApPROVED As To FORM: i?~Æ~h CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: 6/1/2005 6/7 /2005 05-447 Resolution No. Res. # 05-447 , Page 3 Page - 2 m]=[ILf::-~--- I" ;' ¡.J ; i' APR 2 8 2005 i'.""" I .. i '-.--...... I CITY OF FEDERAL WAY! ':: -, ., "-,u.,--.J I OFFICE OF THE HEARING EXAMIN~~--___5>._-::__:,,:,,~~-~--,'~~---"--J IN THE MATTER OF: ) ) ) ) ) FWHE# 05-05 FW# 04-1 03295-00-SU SAGHALIE FIRS PRELIMINARY PLAT I. SUMMARY OF APPLICATION The applicant is requesting preliminary plat approval to allow a 34 lot residential subdivision as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions", and requiring approval pursuant to FWCC Section 20-110. II. PROCEDURAL INFORMATION Hearing Date: Decision Date: AprilS, 2006 April 27, 2005 At the hearing the following presented testimony and evidence: 1. 2. 3. 4. 5. 6. Janet Shull, Contract Planner, City of Federal Way Craig Sears, applicant, 15 Lake Bellevue, Ste. 102, Bellevue, WA 98005 Jeff Schramm, 16625 Redmond Way, Ste. M-323, Redmond, WA 98052 Matt Weber, AHBL, 2215 N. 30th St., Ste. 300, Tacoma, WA 98403 Ken Miller, Deputy Public Works Director, City of Federal Way Greg Fewins, Senior Planner, City of Federal Way At the hearing the following exhibits were admitted as part of the official record of these proceedings: 4. 1. 2. 3. Staff Report with all attachments Power Point Presentation Letter from Matt Weber to Gary Ro£(City of Federal Way) dated August 18, 2004 Memorandum to City of FederalWayHear~ng Examiner from Ken Miller, Deputy Director of Public Works, dated April 19, 2005 Memorandum to City of Federal Way Hearing Examiner from Janet Shull.. . -" -~,,;;:-~"',-:;fT' 5. EXHIBIT ..' A PAGE-1-0F \ \ Page - 3 dated April 18, 2005 III. FINDINGS 1. The Hearing Examiner has heard testimony, admitted documentary evidence into the record, viewed the site, 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" with attachments and hereby incorporated in its entirety by this reference. 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC). 4. The applicant has a possessory ownership interest in a generally rectangular, 9.57 acre parcel of unimproved property located southwest of the present terminus of 191h Avenue SWand east of 2151 Avenue SW within the City of Federal Way. The applicant requests preliminary plat approval to allow subdivision of the site into 34 single family residential lots with a minimum lot size of 7,200 square feet, a maximum lot size of 7,545 square feet, and an average lot size of 7,261 square feet. 5. The site plan shows access provided from the north via an extension of 191h Avenue SW along the north property line and a second access provided via a 60 foot wide strip of property extending east from 21st Avenue SW to the western property line of the site. This future road, known as SW 34151 Street, will extend through the center of the plat to connect with 19th Avenue SW. Such will create a pass through route through the plat commencing at the intersection of 19th Avenue and SW 336th St. and terminating at the future intersection of 341 sl St. and 2151 Avenue. However, the applicant desires to construct SW 34151 St. to emergency vehicle access (EVA) standards from the eastern plat boundary to 2151 Avenue-to prohibit the above described pass through route. The applicant believes that such route will serve as a "cut-through" and allow drivers to avoid the congested intersection of 336111 St. and 2151 Avenue. 6. The applicant submitted a request for modification to allow construction of 34151 Street to EVA standards to the City Public Works Director pursuant to Section 22-1477 of the. federal-Way City Code (FWCC) which authorizes the Di recto rto modify, defer, or waive requirements for roadway improvements (Exhibit "3"). The basis for the modification included the lack of alignment with the intersection EXHI8ì I. A PAGE 2- DE 1 \" Page - 4 of SW 342"d St. and 21s1 Avenue as the applicant could not acquire right-ot-way from the Washington State Department at Transportation (through the park-and- ride lot) to allow said alignment. The separation ot the 341sl/342"d intersections and the existing bus turn into the park-and-ride lot will measure approximately 115 teet, less than the intersection spacing requirements requîred by the FWCC. The separation.trom the future SW 341st Street and SW 342"d Street would measure approximately 90 feet centerline to centerline. The applicant also refers to a letter from the Federal Way School District dated January 13, 2005, (Exhibit "19") wherein the District supported the EVA road due to concerns about the increase of traffic that the pass through route would cause on 19th Avenue SW in front of Saghalie Middle School. The District agreed with the applicant that drivers would have the opportunity to bypass the 336thStreetl21st Avenue intersection, and that such increased traffic would detrimentally impact the safety of students/pedestrians crossing 19th Avenue SW to walk to the school and City park. However, the letter also indicates that should the City require construction of a full service road, it should consider traffic calming measures and conversion of the existing crosswalk on 19th Avenue S. to a raised crosswalk. The City responded to the District's concerns by requiring through the SEPA process traffic calming devices on both 19th Avenue and SW 341st Street to slow traffic in front of the school and to make the alternative route less desirable. Such would reduce the number of vehicles using the "cut through". In addition, failure to provide a full access to the west to 21st Avenue would violate several FWCC requirements to include Section 20-151 which encourages subdivision design to distribute traffic to collector street systems "to avoid intrusion or overburden of residential streets". 19th Avenue presently provides access to intense commercial uses to include Fred Meyer, and adding traffic from 34 lots would "overburden" said street. Furthermore, Section 20,.151(c) FWCC prohibits cul- de-sac streets longer than 600 feet. If SW 341 sl is not connected, 19th will become a cul-de-sac more than 1,000 feet in length. Section 22-151(d) FWCC limits block perimeters to 2,640 feet for streets, and failure to connect 341 st Street would exceed said standards. While the applicant's traffic engineer asserts that the bypass would accommödate several thousand cars per day to include "a couple of hundred cars" per hour during the peak period, he did not perform a detailed.analysis. He also determined that the road would accommodate the anticipated volumes, but that the volumes would create safety concerns. The City staff does not agree with the applicant's traffic engineer regarding the number of vehicles using the bypass. Staff points to a similar situation on~8thAvenue SWbetween SW 356th Street and SWGampusHrive. Traffic counts show a volume of 1,139 vehicle trips per day on said bypass. E;(HIß, . PAGE 3 A .- O~ Page - 5 7. The Examiner agrees with the Public Works Director's interpretation of the criteria set forth in Section 22-1477 FWCC regarding modification, deferment, or waiver of requirements for roadway improvements. Construction of SW 341 sl Street to full access standards is harmonious with existing street improvements, will function properly and safely, and will be advantageous to the neighborhood and City as a whole. Even though the school district has concerns regarding future traffic volumes, district school buses have difficulty negotiating the intersection of 19th and 336fh and the completion of SW 341 st Street will provide a much better bus route to Saghalie Middle School. No topographic or physical conditions preclude the construction of the improvements, and proper vertical or horizontal alignments are easily determined. The required intersection with 21st Avenue SW will not have a correct alignment with SW 342nd, but the City traffic engineer will grant a modification due to the importance of the connection (Exhibit "12"). While the required improvement does not appear in the City's Six Year Transportation Improvement Program, the comprehensive plan supports its construction. The extension of 19th Avenue SW and the development of the site into 34 single family lots also requires its construction. 8. The applicant requests relief from the requirements of Section 20-179 FWCC - which reads: a. All natural vegetation shall be retained on the site to be subdivided except that which will be removed for improvements or grading as shown on approved engineering plans... b. Existing mature vegetations shall be retained to the maximum extent possible..... The applicant desires to mass grade the entire site except for small areas in the southwest and northeast portions (Exhibit "15"). The City agrees with the grading plan for the portion of the plat north of the future 341 st Street, but asserts that the portion of the plat south of 341 st Street and north of the internal plat cul-de-sac road does not need filling until development of the lots. The central issue between the applicant and the City concerns the amount of ponding that will occur due to the blockage of drainage pipes under SW 341 st Street following filling which will occur to the north thereof. The applicant asserts that off-site drainagewillcause.flooding throughout the site and upstream basin. A significant amount of off-site drainage flows across the site from south to north through an existing ditch abutting the south property line and extending onto the EXHIBfl A -- P AGE~OF---LL- 9. 10. 11. Page - 6 southern portion of the plat. However, the City's conditions of approval allow clearing and grading in the vicinity of the ditch if necessary to ensure that off-site flow is captured and conveyed to the plat storm detention facilities located along the north property line. Staff supports clearing and grading to ensure the continuation of said flow. Thus, the only source of ponding which will occur south of 341 st Street will be drainage from the south 11 +/- acres of the site. Runoff from such a small area will not threat life, safety, or improvements in the vicinity of SW 341 st Street. Such is especially true as in the Preliminary Technical Information Report (Exhibit "9"), the project engineer writes that runoff from roof surfaces and yards in lots 19 through 34 will be infiltrated into the underlying soils. Thus, much of the rainfall on the southern 11 acres of the site should infiltrate into the ground. Additional reasons cited for the mass grading exemption would apply to virtually any phased development. Such reasons include wood chips used in site stabilization, truck loads of brush and material hauled off site, provision of temporary erosion control measures, balancing of fill and grade, homes occupied during land clearing and excavation, and less disruption to the neighborhood. The Examiner must assume that the City Council considered these negative impacts along with the desirability of retaining as much vegetation on the site as possible prior to development in its adoption of Section 20-179 FWGC. The site is located within the Residential Single Family (RS 7.2) zone classification of the FWCC, and the Federal Way Comprehensive Plan designates the site as Single Family High Density. The RS 7.2 zone classification authorizes single family residential homes on minimum lot sizes of 7,200 square feet as outright permitted uses. Abutting parcels to the south, east, and west are also located in the RS 7.2 classification and Single Family High Density designation. Parcels to the north are located in both the Neighborhood Business and RS 7.2 classification. Surrounding uses include a Fred Meyer store to the north and the Saghalie Middle School to the northeast. Vacant parcels abut the south and east property lines. However, a single family residential subdivision is proposed for the parcel to the east. A church and WSDOT park- and-ride lot ar~ located to the west. The applicant provided a geotechnical engineering study of the site prepared by Earth Consultants, a qualified expert. The study determined that soils are suitabJeJorresidential development. Sojlsincludea 12inch layeroftopsoil,three to five feet of loose to medium dense silty sand with gravel, and very dense silty sand with gravel. Because of wet soil conditions the expert recommends a EXHIBfl A PAGE 5 OF~ Page - 7 summer earthwork schedule. 12. The topography slopes down from the western and eastern boundaries to a shallow depression that extends through the site from north to south. However, the site has no steep slopes or other geologically hazardous areas. The northern portion of the parcel is forested and the southern portion is vegetated with grass and a few trees. The applicant has identified significant trees and plat approval is subject to an approved tree clearing and landscape plan which meets Section 20-186 FWCC. A wetland reconnaissance performed by a qualified expert concludes that no regulated wetlands exist on the site. The applicant's wildlife habitat assessment letter concludes that no State endangered, threatened, or sensitive wildlife species or habitats are present on the site. 13. The applicant proposes to pay a fee in lîeu in providing on-site open space, and the City PARCS Director has agreed to the payment. Section 20-155 FWCC requires an open space fee of 15% of the assessed land value as calculated at the time of final plat approval. 14. As previously found, an extension of 19th Avenue and a newly constructed SW 34151 Street will provide access to the site. An internal plat cul-de-sac extending south from 19th Avenue SW near the south property line will provide access to lots 25 - 34. A second cul-de-sac road extending north from 34151 Street will provide access to lots 9 -18 and the Tract C storm drainage pond. 15. Landscape requirements include a ten foot wide, Type 3 landscape buffer along all exterior property lines and abutting non-residential uses. However, landscaping of the Tract C and 0 storm drainage facilities must meet Public Works standards. . 16. All internal and exterior roads providing access to lots must meet all FWCC requirements and all such right-of-way areas must be dedicated to the City. The applicant will improve all plat roads to full street standards with the exception of the southern portion of 19th Avenue SW and the western portion of SW 34151 Street where the City has authorized two-thirds street improvements. The applicant must construct both 19th Avenue and SW 34151 Street to local access standards which include 36 feet of pavement, vertical curb and gutter, four foot planter strip with street trees, five foot wide sidewalk, street lights, and a three - Joot wideutilitystripwithin - a-60- footwjde right~-Of-way .34151 Street will have a two-thirds street improvement from the western plat boundary to the 215t Avenue intersection where it will once again have a full width with 35 foot radii. The two EXHIBrr A - PAGE Co OF---IL- 17. 18. 19. Page - 8 cul-de-sac roads must meet local access standards to include 28 feet of pavement with vertical curb and gutter, four foot wide planter strips with stre.et trees, five foot wide sidewalks, and three foot wide utility strips with street lights within a 52 foot wide right~of-way. Mitigating measures in the MONS require a $5,400 proportionate share payment to improvements at the SW 348th StreeU1st Avenue South intersection and a $42,210 proportionate share payment to improvements at the 10th Avenue SW/SW344th Street intersection for a total mitigation cost of $47,610. The applicant will pay school impact fees to the Federal Way School District to offset the impact of school aged children residing in the plat. The school district reviewed the school access analysis provided by the applicant and has requested installation of traffic calming devices in the area of the school which the MONS requires. No bus stops presently exist for elementary school students in the area, and the closest bus stop for Decatur High School is located at SW 19th Place and 20th Place. The applicant and school district have agreed to coordinate needed bus stops within the plat. The Lakehaven Utility District has provided a Certificate of Water Availability indicating that it can provide both domestic water and fire flow to the site. The district has also provided a Certificate of Sewer Availability which confirms its capacity to serve the proposed development through a Developer Extension Agreement. The applicant will design and install all storm drainage facilities in accordance with the 1998 King County Surface Water Design Manual and the City's amendments thereto. Due to its location within the West Branch Hylebos Creek Basin, the applicant must detail how the project will meet the special requirements of the basin plan. The preliminary design proposes to collect and convey water through a series of pipes and catch basins into two storm drainage detention ponds which will include water quality treatment facilities. The facilities must provide level 1 flow control and resource stream protection menu water quality treatment. The City has determined that the proposed facilities meet said standards. The applicant will also provide an additional on-site storage capacity of 1.11 acres to alleviate downstream flooding per the requirements of the 1996 Comprehensive Surface Water Facility Plan. ~20.---Priortoobtaining-preliminary platapproval-the applicant must establish thaUhe request satisfies the criteria set forth in Section 20-126(c) FWCC. Findings on - each criteria are hereby made as follows: EXHIBIT A . P AGE-J-OF---1.L- Page - 9 A. As previously found, the project is consistent with the Single Family High Density designation of the comprehensive plan. 8. Compliance with the provisions of FWCC Chapter 18 "Environmental Policy", Chapter 20 "Subdivisions, Chapter 22 "Zoning", and all other applicable codes and regulations will ensure consistency of the project will all applicable provisions of the FWCC including those adopted by reference from the comprehensive plan. c. The project is consistent with the public health, safety, and welfare as it will meet all applicable codes and regulations. D. The project is consistent with ;311 design criteria set forth in Section 20-2 FWCC. The proposed subdivision provides an effective use of land, promotion of safe and convenient travel on streets, and for the housing needs of the community. . E. The preliminary plat is consistent with the development standards listed in Sections 20-151 through 157 and 20-178 through 187 assuming compliance with conditions of approval to include construction of roads and retention of vegetation during filling and grading of portions of the site. 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 The proposed preliminary plat of Saghalie Firs is consistent with the Single Family High Density designation of the comprehensive plan and meets all bulk regulations of the RS 7.2 zone classification. 2. The proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, roads, alleys, other-public ways,transitstops, fire-protection, sanitary waste,parks and recreation. playgrounds, schools and school grounds, and safe walking conditions. 3. EXHIBI1__~~__-- - PAGE 8 OF: tA Page - to 4. The proposed preliminary plat satisfies all applicable requirements of the FWCC to include Section 20-126(c) and will serve the public use and interest by providing an attractive location for a single family residential subdivision convenient to a park- and-ride facility, schools, parks, and commercial retail facilities. Therefore, the preliminary plat should be approved subject to the following conditions: 1. Final plat approval shall require full compliance with drainage provisions set forth in the FWCC. Final review of the storm drainage engineering plans will occur in conjunction with full engineering review. 2. Due to the existing site soil conditions, a seasonal clearing restriction from October 1 to April 30 shall be required. 3. Clearing limits for the construction of the plat improvements (roads, ponds, and utilities and approximately 17 of the proposed lots) shall be generally consistent with the clearing limits depicted on the modified Proposed Clear and Grade Alternative Site Plan (Exhibit "16"). The clearing limits identifi~d on the plan sheet referenced above are the approximate clearing limits necessary for road, utility, pond, and necessary lot grading due to topographic conditions that would provide for the functioning of the proposed on-site storm drainage wetponds and alleviate large areas of on-site flooding. The clearing and grading limits on the approved plan may be modified with the approval of the Community Development and Public Works Departments during final engineering plan review as required to reflect changes in road and utility designs, if any. RECOMMENDATION: ------------- --- _n___n__un It is hereby recommended that the Federal Way City Council approve the preliminary plat of Saghalie Firs subject to the conditions contained in the conclusions above. DATED THIS 27~ DAY OF Pril.~ ç S1 PHEN K. CAUSSEAUXt JR. Hearing-Examiner EXHIBIT A PAGE " OF.. I f' Page - 11 TRANSMITIED THIS 27th DAY OF April, 2005, to the following: AGENT: AHBL Lisa Klein 2215 North 30th Street,Ste. 300 Tacoma, WA 98403-3350 ENGINEER: AHBL Matt Weber, P.E. 2215 North 30th Street, 8te. 300 Tacoma, WA 98403-3350 OWNER: Saghalie Firs LLC Kevin O'Brien Jeffrey E. Hamilton 7947 159th Place NE, Suite 100 Redmond, WA 98052-4306 Jeff Schramm TENW 16625 Redmond Way, Ste M-323 Redmond, WA 98052 Craig Sears 15 Lake Bellevue, Ste. 102 Bellevue,WA 98005 Tom Vasilaos 16622 178th Avenue NE Woodinville, WA 98072 City of Federal Way clo Chris Green P.O. Box 9718 Federal Way, WA 98063-9718 --------- - -------------- - ___n__--_____n__- --- EXHIBIT A PAGE \0 OF.. .~----~ ))' Page - 12 CITY COUNCIL REVIEW. ACTION Pursuant to Section 20-127, following receipt of the final report and recommendation of the hearing examiner, a date shall be set tor a public meeting before the city council. The city council review of the preliminary plat application shall be limited to the record of the hearing before the hearing examiner, oral comments received during the public meeting (so long as those comments do not raise new issues or information not contained in the examiner's record) and the hearing examiner's written report. These materials shall be reviewed for compliance with decisional criteria set forth in section 20-126. The city council may receive new evidence or information not contained in the record of hearing before the hearing examiner, but only if that evidence or information: (i). relates to the validity of the hearing examiner's decision at the time it was made and the party offering the new evidence did not know and was under no duty to discover or could not reasonably have discovered the evidence until after the hearing examiner's decision; or (ii) the hearing examiner improperly excluded or omitted the evidence from the record. If the city council concludes, based on a challenge to the hearing examiner recommendation or its own review of the recommendation, that the record compiled by the hearing examiner is incomplete or not adequate to allow the city council to make a decision on the application, the city council may by motion remand the matter to the hearing examiner with the direction to reopen the hearing and provide supplementary findings and/or conclusions on the matter or matters specified in the motion. After considering the recommendation of the hearing examiner, the city council may adopt or reject the hearing examiner's recommendations based on the record established at the public hearing. If, after considering the matter at a public meeting, the city council deems a change in the hearing examiner's recommendation approving or disapproving the preliminary plat is necessary, the city council shall adopt its own recommendations and approve or disapprove the preliminary plat. As part of the final review, the city council may require or approve a minor modification to the preliminary plat if: (a) (b) (c) The change will not have the effect of increasing the residential density of the plat: The change will not result in the relocation of any access point to an exterior street from the plat; The change will not result in any loss of open space or buffering provided in the plat; and The city determines that the change will not increase any adverse impacts or undesirable effects of the project and that the change does not significantly alter the þröJecr . - (d) EXHIBfì Á PAGE-1\-OE I "