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
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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
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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.
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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.
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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
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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
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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
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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
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