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Res 90-037 0072.150.016 JDW/naa 06/29/90 RESOLUTION NO. 90-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,. WASHINGTON, APPROVING THE PRELIMINARY PLAT OF CAMPUS RIDGE, KING COUNTY BUILDING AND LAND DEVELOPMENT FILE NO. S89POO16 WITH CONDITIONS. WHEREAS, the Hear ing Examiner for the Office of the zoning and Subdivision Examiner for King County held a public hearing concerning the preliminary plat of Campus Ridge, and WHEREAS, at the conclusion of said hearing the Office of the zoning and subdivision Examiner for King County, Washington, issued its Findings, Conclusions, Conditions, Recommendations and Order, and WHEREAS, subsequent to said hearing and said decision, the city of Federal Way incorporated, said incorporation occuring prior to the King County Council making a decision on the preliminary plat of Campus Ridge, and WHEREAS, the city council of the Federal of Federal Way is the governmental body now having jurisdiction and authority to pass upon the approval, denial or modification of the conditions of said preliminary plat, and WHEREAS, the city Council determined the need for a public hearing to be held within the corporate lim~ts of the newly incorporated city of Federal Way, and having called for said hearing and notice of said hearing having been given, the hearing having been held on May 17, 1990, and having been continued from time to time, and at the conclusion of said hearings, the city JDWO0904R -1- cOpy council having made its decision and determined that there is a need to modify the conditions of approval, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: section 1. The findings, conclusions and recommendations of the Office of the zoning and Subdivision Examiner for King County, Washington, issued on February 28, 1990, following a hearing held on January 16, 1990, which included a recommendation to approve the preliminary plat of Campus Ridge, subject to certain conditions, are hereby adopted as the Findings and Conclusions of the city Council subject to the additional findings, modifications and conditions set forth hereinafter in this resolution. section 2. The city Council makes the following additional findings and conclusions: A. The SEPA checklist filed in this matter identifies that there are no designated or informal recreational opportunities in the immediate vicinity of the proposed plat. The appl icant proposed no measures to reduce or control impacts on recreation including the provision of any recreational opportunities to be provided by the project. B. The Hearing Examiner for King County in the SEPA appeal hearing found that the proposed density of the subject subdivision will be somewhat greater than that of the surrounding developments. C. There is a substantial Type I wetland located on the site. Adequate conditions have been imposed to assure the JDWO0904R -2- minimum degradation of the wetland and to discourage intrusions into the wetland and the attendant buffer zone. D. The King County Staff Report confirmed that the nearest community park is located approximately three-fourths of a mile south east of the site. E. Testimony from residents in the area confirmed that there are no other recreational facilities in the surrounding developments. F. The record is repleat with testimony and facts evidencing that there is no recreational or park or usable open space opportunity in the adjacent surrounding areas nor has the applicant proposed any on site. The Type I wetland area and attendant buffer zone into which intrusion should be minimized will, without the provision of other on-site area and facilities, become used open space contrary to applicable policies and requirements of the mitigated DNS conditions. G. King County Code Chapter 19.38 requires subdivisions of ten acres or larger in this zone classification to make provision for common usable open space or to pay a fee to the Parks Division of the County for establishment and maintenance of neighborhood parks. The decision as to whether on-site provision or other method of providing park, recreation and/or usable open space oppportunities must rest with the governmental entity having the approval authority. The delegation to the applicant of tþe right to make the determination as to whether on-site provision or in lieu of paYments should be made would be an improper delegation of decision-making authority to a private party. JDWO0904R -3- H. As noted in the Hearing Examiner's Findings and Conclusions, and in the testimony before the City council, the zoning in this subdivision is for small lots. In addition, lot averaging has been utilized resulting in a certain number of lots in the proposed division being smaller than the minimum lot size for the zone. While lot averaging is permitted under King County regulations, the attendant small size lots further limit area available on each lot for recreation and open space uses by the owners thereof and further substantiates the need for some provision on site for recreation and usable open space area. I. Based upon the evidence in the record with respect to expected populations of children in single-family residential subdivisions of this nature, there is a need to provide on-site recreational and/ or usable open space opportunities, there being no other facility within reasonable proximity of this site to provide such opportunity for residents of this proposed proj ect. Accordingly, a condition should be imposed requiring the redesign to provide for recreation and/or usable open space in that portion of the preliminary plat designated as proposed lots 23 and 24. This area is approximately one-third of an acre and will provide realistically usable space for the residents of the proposed development. In addition,. a condition should be imposed requiring the installation of a play structure for use of the residents of this proposed development on the area to be provided for recreational and/or usable open space. The nature of said play structure and its location to be subject to the approval by the city staff. JDWO0904R -4- J. The recommendations of the city staff for additions and modifications of the Hearing Examiner's report and recommendations relating to establishment of interpretative signs for the NGPE area and amending Condition 17 of the Hearing Examiner's Report and Recommendation requiring maintenance of the private portions of the drainage system should be added as additional conditions to the approval of the preliminary plat. K. The applicant has proposed installation of a sidewalk on only one side of the street. While the King County road standards will permit sidewalks on one side, said standards are guidelines which are designed to encourage standardization but are not intended to prevent flexibility of the County or the City in carrying out the duty imposed by RCW Chapter 58.17 and the general duty to provide adequate streets, sidewalks and other public ways. The city council finds that it is in the public interest and safety that sidewalks be provided on both sides of the roadway. children and other pedestrians will be drawn to the recreation/usable open space area at the north end of the plat, and a sidewalk on both sides will provide safety in accessing those facilities. In addition, all school children or other pedestrians wishing to exit the plat to walk to schools or elsewhere must exit only through the entry way. The additional safety provided by a sidewalk on both sides of the street warrants the requirement of the additional sidewalk. section 3. Based upon the Findings, Conclusions and Recommendations of the Office of the zoning and Subdivision Examiner, and based upon the report from the King county staff and JDWO0904R -5- the report from the City of Federal Way staff and the Findings and Conclusions of the City council set forth hereinabove, the preliminary plat of Campus Ridge, Building and Land Development File No. S89POO16 is hereby approved subj ect to the Findings, Conclusions, Recommendations and Conditions of the Office of the zoning and Subdivision Examiner for King County, Washington, dated February 28 , 1990, and the recommended conditions by the King County staff incorporated within said Examiner's report and . subject further to the modification of those conditions as determined by the city of Federal Way to be in the interests of the public health, safety and general welfare as follows: A. A new condition requiring identification of the native growth protection easement shall be added to read as follows: To insure that citizens understand the importance of an NGPE area, an interpretive sign shall be posted along the edge of the NGPE area (S. W. 323rd Street) describing the importance of the area and listing prohibited activities, i.e., no cutting of any vegetation, no dumping, etc. Exact language, sign design and construction shall be decided upon by the city of Federal Way staff and applicants prior to recording the final plat. B. Condition #17 of the Hearing Examiner's Report and Recommendations should be modified to read as follows: The homeowners association and/or property owners of Campus Ridge shall have an ongoing obligation to maintain the private portion of the drainage system and open space. The city is hereby granted a license to come upon the premises to perform such maintenance in the event that the Campus Ridge homeowners association and/or property owners do not properly maintain the drainage system or open space. In the event that the City is required to perform such maintenance work, after notice JDWO0904R -6- to the Campus Ridge homeowners association or property owners, and the failure of the Campus Ridge homeowners association and/or property owners to perform the required work, the city may perform said work and shall charge back to Campus Ridge homeowners association and/or property owners the cost of performing said work times a multiplier of two. Campus Ridge homeowners association and/or property owners shall pay within thirty (30) days the amounts invoiced by the City for performing such required maintenance work. If Campus Ridge homeowners association and/or property owners fail to pay, the City is authorized to place a lien on the lots included in the plat. C. In order to provide on-site provision for recreation and usable open space in light of the small size of the lots, the need to discourage intrusions into the Type I wetland and the absence of any other recreation or usable open space facilities for the residents of the proposed plat, the area designated as proposed lots 23 and 24 shall be set aside as a recreation and/or usable open space area for the residents of the proposed subdivision. In addition, a play structure shall be located on the recreation/usable open space area of a type and in a location to be agreed upon by the staff of the city of Federal Way and the applicant prior to recording of the final plat. said common recreation/usable open space shall be owned by the Campus Ridge homeowners association, if the same is formed, or by the owners of the lots of the proposed plat and shall be maintained for recreation and usable open space uses for the future residents of said proposed plat. King County staff recommendation number J(2) is modified to conform with this condition. D. Sidewalks shall be required on both sides of the street in conformance with the city council's finding and JDWO0904R -7- conclusion and in the interests of public safety. section 4. 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 Hearing Examiner for the City of Federal Way to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety and general welfare and other factors as required by RCW chapter 58.17 and applicable County and/or city ordinances, rules and regulations and forward such recommendation to the City council for further action. RESOLVED by the city council of the city of Federal Way this 17th day of July, 1990. APPROVED: £¡ ~OÁv YOR, DEBRA ERTEL FILED WITH THE CITY CLERK: June 29, 1990 PASSED BY THE CITY COUNCIL: July 17, 1990 RESOLUTION NO. 90-37 JDWO0904R -8-