Res 90-039
0072.130.021
JDW/kld/totj
07/27/90
R:08/01/90naa
RESOLUTION NO.
90-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, APPROVING THE
PRELIMINARY PLAT OF CAMPUS PARK, KING COUNTY
BUILDING AND LAND DEVELOPMENT FILE NO. S 89PO057
WITH CONDITIONS.
WHEREAS, the Hearing Examiner for the Office of Zoning
and Subdivision Examiner for King County,
Washington,
held a
public hearing concerning the preliminary plat of Campus Park,
and
WHEREAS, at the conclusion of said hearing the Office
of 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
occurring prior to the King County Council making a decision on
the preliminary plat of Campus Park, and
WHEREAS, the City Council of the City of Federal Way is
the governmental body now having jurisdiction and authority to
pass
upon
the
approval,
denial
or
modification
of
the
recommendation of the Examiner or modification of the conditions
proposed for said preliminary plat, and
-WHEREAS,
the City Council determined the need for a
public hearing to be held within the corporate limits of the
newly incorporated city of Federal Way, and having called for
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said hearing and notice of said hearing having been given, the
hearing having been held on June 5, 1990, and continued to July
3, 1990, and at the conclusion of said hearings, the city 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 7, 1990,
subsequent
to
the
conclusion
of
the
hearing
held
by
said
Examiner,
which
included
a
recommendation
to
approve
the
preliminary plat of Campus Park, subject to certain conditions,
are hereby adopted as the findings and conclusions of the City
Council subj ect to the addi tional
findings,
modifications and
conditions set forth hereinafter in this Resolution.
section 2.
The
city
Council
makes
the
following
additional
findings
and conclusions
in addi tion to and/ or in
modification
of
the
findings,
conclusions
and
recommended
conditions
of
the
Zoning
and
Subdivision
Examiner
for
King
county:
(a)
The
applicant
has
represented
to
the
City
Council that it waives any time limits that might be applicable
or otherwise imposed by virtue of RCW 82.02.020 with respect to
any
contributions
to
be
paid
by
applicant
for
specified
improvements
required
as
a
direct
result
of
the
proposed
subdivision.
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(b)-
- -
Based upon the testimony - of beforë- the City
council including the te_stimony of the representative from the
Fire Protection
District,
there
is
a
need
to
provide
an
alternative access to the property from the East.
If access
ei ther from the South or North to the proj ect were constricted
emergency responses would be substantially delayed by having to
rely on alternative accesses as presently proposed.
(c) Initial traffic studies submitted by the
proponent did not address any potential impacts at the
intersection of First Way South and South 333rd Street.
supplemental
information provided to
the city council by the
applicant's and the city's consultant identify and impacts on
said intersection as a result of traffic from the development
necessitating signalization improvements.
(d)
Applicant has proposed to provide a minimum 30
foot wide easement in compliance with the King County Trail Plan
along the northerly portion of the property.
As proposed there
is inadequate separation between bicycles and pedestrians on a
portion of the proposed trail.
There is a need to provide such
separation
and provide
continuity with
the King
County Trai~
systems proposals.
(e)
The
applicant
has
agreed
to
eliminate
the
proposed South 331st Place and develop a new road with full
street improvements between Lots 28 and 29 along the southern
area of Lot 30.
The eastern most point of sai~ road would
terminate at the southeast corner of Lot 30.
The roadway would
be
designated
South
332nd
street.
These
improvements
will
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provide emergency vehicle access to the proposed plat from the
East.
The applicant has agreed that a 20 foot wide paved
emergency access road should be constructed along public right-
of-way from the southeast corner of Lot 30 to SR99.
signing
should be placed indicating the roadway is for emergency vehicle
access only which would be placed at the southeast corner of Lot
30.
Methods for limiting access to the subject plat for anything
other than emergency vehicles would be the responsibility of the
applicants
and
shall
be
agreed upon by
the
applicants,
the
Federal
Way
Fire
District
and
the
Department
of
Community
Development prior to final plat approval.
( f)
The applicant has agreed to pay a pro rata
share to the ci ty
for the signalization
improvements at the
intersection of South 333rd Street and First Way South.
The need
for signalization improvements is due directly to the traffic
generated from this proposed development.
without this proposed
development the turning functions on the signalization would not
be required.
The City Council concludes from the evidence that
16.8%
of
the
estimated
costs
of
these
improvements
are
attributable to the traffic generated from this development and
accordingly the sum of $21,000 should be paid by the applicant to
the City for its fair share of the cost of said signalization
improvements.
(g)
The applicant has agreed that consideration
should be paid to a study of the left turning options onto 11th
Avenue South from the west side of 10th Avenue South and South
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324th street which consideration and - study would be performed
during the engineering review of the plat.
The appl icant has
agreed to be subject the requirements to be applied as a result
of such review.
(h)
Applicant has agreed that no parking signs
shall be posted along all street frontages within the subject
plat which signs should be provided and installed at applicant's
expense.
(i)
Applicant agrees that interior roads should be
stripped for two lanes throughout the site subject to future
changes as a result of engineering review of the plat.
(j)
The applicant has agreed and the City council
so finds and concludes that future development of South 330th
Street and signalization of South 330th Street and SR99 would
enhance circulation wi thin the development and has agreed to
contribute their share to the costs of said improvements.
Based
upon the consultant's testimony, applicant's share is 10% of the
estimated
cost
of
construction
which
would
result
in
a
contribution to the improvements by applicant of $100,000.00.
(k)
Applicant
should
be
required
to
make
provisions for those improvements both on and off site, which it
has represented to the city council that it agrees with or has
agreed to perform, and the City council hereby declares that it
is relying upon the representations made by applicant and is
acting with respect to the approvals of this plat based upon the
Council's reliance upon the applicant's representations.
The
ci ty Council
further finds and concludes that based upon the
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representations
of
applicant,
the preliminary plat meets the
requirements of the applicable codes, Chapter 58.17RCW and is in
the interest of the public health, safety and general welfare.
section 3.
Based upon the findings, conclusions and
recommendations
of
the Office
of
the
Zoning
and
Subdivision
Examiner and based upon the reports from the city of Federal Way
staff and the findings and conclusions of the city council as set
forth hereinabove, the preliminary plat of Campus Park, Building
and
Land
Development
File No.
S
89PO057
is hereby
approved
subject
to
the
findings,
conclusions,
recommendations
and
conditions of the Office of the zoning and Subdivision Examiner
for King County,
Washington,
dated February 7,
1990,
and the
recommended conditions
by the King County staff
incorporated
within
said
Examiner's
report
and
subject
further
to
the
modification of the above-referenced conditions as determined by
the City of Federal Way to be in the interest of the public
health, safety and general welfare and based upon the findings,
conclusions and representations made by applicant to the city
council which have been relied upon by the City council which
additional conditions are as follows:
(a)
The applicant shall eliminate proposed South
331st Place.
A new road with full street improvements shall be
developed between Lots 28 and 29 and along the southern area of
Lot 30.
The eastern most point of the road shall terminate at
the southeast corner of Lot 30.
Said road shall be named South-
332nd Street.
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(b)
A twenty foot wide paved emergency-access road
shall be constructed along the public right of way from the
southeast
corner
of
Lot
30
to
SR 99.
A sign which
reads
"emergency vehicle access only" shall be placed at the southeast
corner of Lot 30.
Methods for limiting access to the subject
plat for anything other than emergency vehicles shall be the
responsibility of the applicant and agreement as to said methods
between the applicant,
the Federal Way Fire District and the
Department of community Development must be entered into prior to
final plat approval.
(c)
The applicant shall pay a pro rata share to
the City of Federal Way for signalization of the intersection of
South
333rd
Street
and
First
Way
South.
The
need
for
signalization
improvements
is
due
directly
to
the
traffic
generated from this proposed development.
without this proposed
development the turning functions on the signalization would not
be required.
The City Council concludes from the evidence that
16.8%
of
the
estimated
costs
of
these
improvements
are
attributable to the traffic generated from this development and
accordingly the sum of $21,000 should be paid by the applicant to
the city for its fair share of the cost of said signalization
improvements.
(d)
Particular consideration shall be paid to the
study of the left turning options onto 11th Avenue South from the
west side of 10th Avenue South and South 324th Street.
This
shall be performed during the engineering review of the plat.
The City of Federal Way community Development Department shall
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determine- what, meäsures shall be imposed aftër the ~nginéering
plan review.
- -
Applicant - shall be subj ect to the requirements
applied as a result of this review.
(e)
The applicant shall provide a minimum thirty
foot wide public access easement along the northern portion of
the site from the western most edge extending to 10th Avenues. A
minimum
ten
foot
wide
sidewalk
shall
then extend
along the
northern edge of 10th Avenue South to the intersection of 11th
Avenue South and South 324th street.
A minimum ten foot wide
sidewalk shall be constructed along the south edge of 10th Avenue
south/South 324th street from the intersection of 11th Avenue
south/South 324th street to the east edge of the subject plat.
specifications for construction of a trail shall be established
and
finalized d~ring
engineering plan review prior to actual
construction
by
applicant.
An
additional
easement
may
be
required by the city along the south edge of South 324th street
fronting the
subj ect plat as the resul t of engineering plan
review to provide for adequate separation between bicycle and
pedestrian traffic.
(f)
"No parking" signs shall be posted along all
street frontages within the subject plat.
The cost of the signs
and installation shall be borne by the applicant.
(g)
Interior roads shall be striped for two lanes
throughout the site.
This requirement shall be subject to future
changes as the result of the engineering pl~t review.
(h)
The
developer
shall
contribute,
as
agreed,
$lOO,OOO to the city for the purpose of future development of
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South 330th Street east of subject plat and signalization of the
intersection of South 330th Street and SR 99.
The obligation to
make this contribution shall continue for a period of time of not
less than six years after issuance of the last building permit on
the lots in the plat, not to exceed twelve years from the date of
the posting of security with the City to assure paYment.
Such
security shall be in the form of a surety bond or other suitable
security acceptable to the city attorney.
The paYment to be made
pursuant to this condition shall be due at such time as the City
Council authorizes the proj ect to commence by authorizing the
roadway to be designed.
If the project is abandoned, any funds
not expended or otherwise encumbered shall be refunded to the
developer.
The developer has represented and the City Council
has relied that they are waiving any time limits that might
otherwise be applicable or imposed pursuant to RCW 82.02.020.
( i)
Particular consideration shall be paid to the
method of traffic control at the intersection of 10th Avenue
South and South 333rd.
Review shall be performed during the
engineering review of the plat to determine whether signalization
or other
improvements
are needed at
said intersection.
The
Department of community Development shall determine what measures
shall be imposed based upon the engineering plan review.
The
applicant shall be subject to the requirements as the result of
that review.
(j)
Condition
No.
18
of
the
Hearing
Examiner
dealing with intersection improvements at the intersection of SR
99 and South 324th subsection (b)
is hereby amended to correct
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typographical errors to read as follows:
b)
Three lane approach for east
traffic including a separate
through and right turn lane.
bound
left,
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 7th day of August, 1990.
APPROVED:
~~
MAYOR, DEBRA ERTEL
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ATTEST:
APPROVED AS TO FORM:
SANDRA ~t£,~~
FILED WITH THE CITY CLERK: August 3,1990
PASSED BY THE CITY COUNCIL: August 7, 1990
RESOLUTION NO. 90-39
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