Res 91-088
RESOLUTION NO.
91-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, APPROVING THE
PRELIMINARY PLAT OF MIRROR GLEN DIVISION 3,
KING COUNTY BUILDING AND LAND DEVELOPMENT FILE
NO. S89POO67, WITH CONDITIONS.
WHEREAS,
applicant
had
applied
to
King
County
for
preliminary plat approval; and
WHEREAS, subsequent to the application, but prior to the
Hearing Examiner hearing on the preliminary plat,
the city of
Federal Way incorporated; and
WHEREAS,
an inter local agreement between the city of
Federal Way and King County requires the City to make decisions on
the preliminary plat application using Federal Way procedures and
King County substantive criteria; and
WHEREAS, the Federal Way Land Use Hearing Examiner held
a public hearing on August 27, 1991, concerning the preliminary
plat of Mirror Glen Division 3; and
WHEREAS, at the conclusion of said hearing the Federal
Way Land Use Hearing Examiner issued its Findings, Conclusions,
Conditions, Recommendations and Decision on September 13,1991; 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 conditions of said
preliminary plat using the substantive criteria of the King County
Codes; and
WHEREAS, the city Council having considered the written
record and recommendation of the Hearing Examiner, pursuant to
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~Ø"f~-
FWC 16.110.40, on this date;
WHEREAS, the city Council pursuant to Federal Way Code
16.110.40 having held its own
public hearing on December 3, 1991,
to take additional testimony and evidence on the issue of the
impact of this proposed Plat to schools; and
WHEREAS, the city Council finds that the School District
is able to accommodate the
17 additional students expected to
result
from this plat by
financing
any additional
facilities
necessary by using a combination of construction bonds, impact fees
and matching state funds; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY RESOLVES AS FOLLOWS:
section 1.
The findings, conclusions and recommendations
of the Federal Way Land Use Hearing Examiner issued on september
13,
1991,
following a hearing held on August 27,
1991,
which
included a recommendation to approve the preliminary plat of Mirror
Glen Division 3 subject to certain conditions, are hereby adopted
as the Findings, Conclusions and conditions of the City Council,
subject
to
the
additional
Findings,
minor
modifications
and
conditions set forth hereinafter in this resolution.
section 2.
Based upon the Findings,
Conclusions and
Recommendations of the Federal Way Land Use Hearing Examiner, as
adopted by reference by the city Council set,forth hereinabove, and
upon
its
own
additional
Findings
as
contained
herein,
the
preliminary plat of Mirror Glen Division 3,
Building and Land
Development File No. S89PO067 is hereby approved subject to the
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Conditions contained in the recommendation of the Federal Way Land
Use Hearing Examiner Report for this matter dated September 13,
1991, attached hereto as Exhibit A and incorporated by reference
and subject further to the minor modifications to the Plat by the
city council of the city of Federal way, pursuant to Federal Way
zoning Code 16.110.50, as follows:
1.
To ensure that citizens understand the importance of a
Native Growth Protection Easement area, an interpretive sign shall
be posted along the edge of the Native Growth Protection Easement
area (S.W. 313th Court and 8th Avenue S.W.).
Signs shall comply
with the provisions of FWC 95.100 (chart 95-2) and have a green
background, white letters and state the following:
"NATIVE GROWTH
PROTECTION EASEMENT,
This area is preserved by Native Growth
protection Easement.
No dumping, cutting, grading or filling is
allowed."
2.
Condition Number 12 of the Hearing Examiner conditions, is
amended to
read as
follows:
"
A
15
foot wide Native Growth
Protection
Easement
(NGPE)
shall
be provided along the
south
property line of lots 1-5. This NGPE shall be owned and maintained
by the individual property owners of said lots, and shall be noted
on the face of the Plat. No fences shall be allowed within this
NGPE area."
3.
Based upon the record before it, the council makes the
additional finding that there is no sound basis for reducing the
100 foot wetland buffer which is to surround Puget Sound Wetland
#23,
a
1.9
acre wetland with a
rating
of
l(d)
unique/
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outstanding, which is located on the site. Accordingly, the Plat
shall be engineered to prevent the cul-de-sac on Southwest 319th
street from intruding into the 100 foot wetland buffer for this
weltland.
4.
The applicant has proposed installation of a sidewalk on
only one side of the plat's cul-de-sac streets of Southwest 318th
and Southwest 319th.
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 these roadways.
Children
and other pedestrians will necessarily use these streets to access
schools, bus stops and elsewhere, and a sidewalk on both sides will
provide safety in accessing those facilities.
section 3.
The conditions of approval of the preliminary
plat are all integral to each other with respect to the City
Council finding that the publi~ 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
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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,
WASHINGTON, this ~~~day of December, 1991.
CITY OF FEDERAL WAY
~; £¿~ aÞ
YOR, DEBRA ERTEL
CI
FILED WITH THE CITY CLERK: 11/26/91
PASSED BY THE CITY COUNCIL: 12/03/91
RESOLUTION NO. 91-88
91L217
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