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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 - -- - -- , - ~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 - 2 - 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/ - 3 - 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 - 4 - 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 - 5 -