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Res 91-091 RESOLUTION NO. 91-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE FINAL PLAT OF HAMPSTEAD GREEN, DIVISION 2, DESIGNATED AS KING COUNTY BUILDING AND LAND DEVELOPMENT FILE NO. S89PO044. WHEREAS, the preliminary plat for Hampstead Green, Division 2, designated Building and Land Development File No. S89PO044 was approved subject to conditions on January 22,1990, by King County Ordinance No. 9294; and WHEREAS, the applicant submitted the application for approval of the Hampstead Green, Division 2, final plat within three years of receiving approval for the above-referenced preliminary plat; and WHEREAS, City of Federal Way Community Development staff, having reviewed the proposed final plat for its conformance to the conditions of the preliminary plat; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY RESOLVE AS FOLLOWS: section 1. Findinqs of Fact. The Federal Way City Council makes the following Findings of Fact: 1. The Findings of Fact, as contained in the Report of King County Subdivision Hearing Examiner dated December 13, 1989, are adopted by reference. 2. The final plat for Hampstead Green, Division 2, Building and Land Development File No. S89PO044, is in substantial conformance to the preliminary plat C:ØPf;~C and is in conformance with applicable zoning ordinances or other land use controls in effect at the time of submittal of the substantially complete application. 3. All conditions recommended by the Zoning and subdivision Hearing Examiner for King County, Washington, contained in report and recommendation to King County Council dated December 13, 1989, have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant. 4. Ninety-three percent of all required improvements have been made and sufficient bond has been accepted by King County as financial guaranty for completion of all required plat improvements. 5. All taxes and assessments owing on the property being subdivided have been paid. section 2. Approval. Based upon the above Findings of Fact and pursuant to the Interlocal Agreement between King County and the city of Federal Way for Processing Land Use Applications, the Final Plat of Hampstead Green, Division 2, King County Building and Land Development File No. S89PO044, is approved, subject to satisfaction of those conditions as contained in Report of Hearing Examiner dated December 13, 1989, attached hereto as Exhibit A and incorporated herein by reference. -2- section 3. Recordinq. The approved and signed final plat, together with all legal instruments pertaining thereto as required pursuant to Federal Way Zoning Code, shall be recorded by the City in King County Department of Elections and Records. All recording fees shall be paid by the applicant. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this 17tÞ day of ~./~A.J , 1991. CITY OF FEDERAL WAY ~e /ÞL ~ OR, DEBRA ERTEL FILED WITH THE CITY CLERK: 12/17/91 PASSED BY THE CITY COUNCIL: 12/17/91 RESOLUTION NO. 91 -9] 91L121 -3- RECf:,.:.,.-: DEC " t. l~d9 December 13, 19B9 SUbU'Y ~,v,,;; OFF'¡CE OF THE ZONING AND SU8DIVISION EXAMINER KING COUNTY, WASHINGTON REPORT AND RECOMHENDATIONTO THE KING COUNTY COUNCIL. SUBJECT:' Rulldlng and Land Development File No. S89POD.. Proposed Ordinance No. 89-868 Proposed Plat of HAMPSTEAD GREEN II Located generally between South~est 356th Street and 'Southwest 35Bth Place (ff eXtended I and generally between 18th Avenue Southwe.. and 19th Avenue Southwest (If both roads were 'extended) SUMMARY OF RECOHMENDATIONS: Division's Pre1lmlnary:, Division's Final: Approve, subject to conditions Approve, subject to 'conditions (modified) Apprcve,subject to conditions (modified) Ex... in er : PRELIMINARY REPORT: , The Building and Land Development Division's Pre!!minary 'Report on Item No. S89POOH w.. received by the Examiner on November 22, 1989., PUBLIC HURING: After reviewing the Building and Land Development Division's Report, exami~ing available information on file with the app!!catlon and visiting the property and surrounding area, the Examiner conducted a pub!!o hearing on the subject," (Ollows: The hearing on Item No. S89POO.. was opened by the Examiner at 9:30 a.m. on December 7, 1989, In Building and Land Development Division Hearing Room No. I, '36DO - !JBth Place S.E., Suite A, Bellevue, Washington" and closed at 10:30 a.m. Participants at the public hearing and the exhibits .offered and entered are !!sted In the attached minUtes. A verbatim recording o( the hearing is available In the office o( the Zoning and Subdivision Examiner. ' FINDINGS, CONCLUSIONS' RECOMMENDATION: Having reviewed the record in this ma.tter, the Examiner now makes and enters the fo¡"¡owlng: EXHIBIT /L. ). S89POO~~' Page 2 FINDINGS: 1. General Information: STR: Location: 25-21-3 Generally bet~een South~est 356th Street and South~eH 358 Place (If ex tended and generally between 18th Avenue South~..t and 19th Avenue South~est (if both roads wue extended) SR J. 28 15 Ranges from 6,000 to 20,500 .quare feet Detached single-family re'ldence. Federal Way Water , Se~er District Federal Way Water , Se~er District 139 - Federal Way 1210 - Federal Way 20n I ng: Acreage: Number of Lots: Typical Lot Size: Propo..d Use: Sewage Disposal: Water SUpply: Fire District: School District: 2. This Is a request for preliminary approval of, a subdivision of 3.28 acr.. into 15 lots for detached single-family dwellings at a aite in .outh~..t Xing County .bout 300 feet eut of the Tacom. City line. proposed lot slz.. range from 6,000 to 20,500 square feet. The Planning Division reports that the propo..d plat Is consistent with the Federal Way Community Plan, which designat.. the family slngle-famiJy four to nine dwelJ!ng units per acre. Area zoni~9 Is SR. Sewer and "ater' service "ould be provided 'by, the Federal Way Water and Sewer District. The, Subdivision Technical Committee report. that there are no kno~n physical Constraints on the site and recommend. preJ!minary approval. The applicant's representative. have expresse.d their, satisfaction "ith the report and recommended conditions of BuiJding and Land Development Division. 3. The o~ners of a parcel adjacent to the east have expre..ed their desire that Ieth Avenue South~ut. ~hleh ~ill end In a cul-de-..e. be extended throu9h to South~est 356th Street in order to provide an aeee.. for future development on their property from the arterial. The Subdivision Technical Committee reports that this portion of Southwest 356th Street is Currently scheduled for Improvements by the County which ~ould make it a five-lane arterial. The Department of Public Works has, therefore, determined that additional intersections onto the Hreet ' should be avoided, and recommended againSt extending the proposed 18th Avenue South~eSt to the northerly boundary' of the plat for that reason. This applicant has no objection to the cuI-de-sac which is no~ recommended by the Subdivision Technical Committee. The neighboring property o~ners had an agreement ~ith this applicant to allo~ an easement for utility lines on their property if 18th Avenue South~est were extended to South~est )56th Street. There Is, ho~ever, no physical Constraint ~hieh ~ou d prohibit the Joying of the utl fty lines entirely ~ithln the subject property. Except as noted above, the facts, analysis and recommendation presented In the Division of euildlng an'd Land Development Preliminary Report dated December 7, 1969 S89POO, , Page 3 ore unconteSted and they are IncorpOrated here by reference. A copy of the Olv!slon of Building and Land Development report will be attached to the copies of the e..mlner's report Which are submitted to the King County Councl 1. CONCLUS10H: J. It Is my conclusion that while there Is no compenlng resson to, aUo" 18th Avenue Southwest to be extended to SOuthwest J56th Stroot, that before final approval the Building and Land Devalopment Division and the Dapartmant of PUblic Works should evalUata the need for north/sOuth Streots In this vicinity In light of potential devolopmont hotweon tho subject property and lHh Avonue Southwest. If 18th Avonuo SouthweSt Is not Onondod, thero wi]l bo no Streots bot ween 20th Avonuo Southwest and 15th Avenuo SOUthweSt ontering SOuthwest J56th Stroot. While it Is d..lrablo to avoid frequent InterHctlons on arterial streots, it would ba wall adViSed to look at this prOblem In light of tho potentlsl long-rango dovelopment of tho area botw..n 18th Avenuo Southwest and 15th Avenuo SOuth"e... If tho Building and Land Davolopment Division and the Dopartmont of Public Works determine that 18th Avenuo Southwest I. the moSt do'irablo loCation to Utond tho Str..ts through Southwest J56th Str..t, that may ba approved before final approvaJ. If on tho other hand, tho 10COtIon on tho Washburn property itsolt !s tho most "orkablo point of ontry, construction of that IntersoCtion can bo saved for later dovolopmant. Howover, no such InterSOctlon is required by tho conditions bolow. It is ot tho discretion of tho ongln..rs who must ..aluato the capacity and safety of the road"ays In question. I note that having no accoss onto Southw..t J56th Streot would not ordinarily bo considerod a hardship for tho O"ners of tho Washburn proporty. Through traffic is USually 'boll..od by d"OloPHS and prOPHty ownHs to be an und..lrablo phono..onon In single-family nolghborhoods. CuI-do-sacs are Usually consldHOd an amonlty which incress.. the marketability of a subdivision. RrCOMMrHDATIOH: 'CRAHT prOllmlnary approval to tho plat of Hampstoad Croon II, as rovlsod and recoivod by tho Building and Land Developmont Division October 20, 1989, subject to the conditions sot forth at pagos sl. through nlna of tho report of tho Building and Land Dovolopmant Division for tho Docomber 7, 1989 public hearing "Ith tho following amondmont: Ho" Cond i ti on Ho. 1': 80foro final approval, tho Subdivision Technical COMitteo and tho Dapartmant of Public Works should re-evaluato the nood for north/south str..ts botweon 20th Avenuo Southwo.. and 15th Avonue Southw.... If It appears that anothor road would be daslrablo to SHva the area In a fully d..oloped 'state, 18th Avenua SOuthwest may be extandod to Southw..t 356th Stroot or a north/south connactlon may ba required from future dovolopmant between 18th Avonuo S8nOO44 . Page < Southwest and 15th AVenue Southwest. If neither of these conclusions is reached, this development may be approved as recommended by the Subdivision Technical Committee with no aceeas onto Southwest 3S6th Street. ORO[HD this 13th day of Decemb.., 1989. ~r~~ Robert E. Beaty '? Deputy 20ning and Subdivision Examiner TRANSMITT[D this 13th day of December, 1989 by certified mall to the following perties of record: Mitchell Washburn Ranchel A. Washburn Stepan, Ass./K. Stepan Borry/Linda Owen Wildon Washburn "llllom Celss Potrick Healy TPANSMITTrD this 13th day of December, 1989 to the following Porties: Sherle Sabour, !uilding and Land Development Division Tom Bertek, Building and Land Development Division Lisa Pringle, Building and Land Development Division Tommy Johnson, Building and Land Development D!v!aion Xing County Conservation District Coil Bruce New Construction Services NOTICE OF RlCHT TO APPEAL In order to appeai the recommendation of the Exuiner, IIritten notice of appesl must be filed lIith the Clerk of the King County Council lIith a fee of $60.00 (chook payable to King County Office of Flnancel on or before December 27, 1989. If a notice of appeal is filed, the orlginal and 6 copies of a written appeal statement specifying the basis for the appeal and argument in support of the appeal mUst be filed with the CIerk of the Xing County Council on or before January 3, 1990. If a written notice of appeal and filing fee are not filed within 1< calendar days of the date of this report, or If a written appeal statement and argument are not filed within 21 calendar days of the date of this report, rho Clerk of the Council sholl place a proposed ordinance which Implements the [..mlner's recommended action on the agenda of the next available Council meeting. FIling requires actual delivery to the Office of the Clerk of the Council, Room 403, King County Courthouse, Prior to the close of business 14:30 p.m.) on the date due. Prior moiling Is not sufficient If actual receipt by the Clerk does not occur within the applicable time perio~. The Examiner does not have authority to H,tend the time period unle.. the Office of the Clerk Is not open on the specified ClosIng dote, in which event delivery prior to the close of busine.. on the next buslne.. day Is sufficient to meet the filing requirement. ACtion of the Council Final. The action of the Council approving or adopting a recommendation of the Examiner shall be final and conclusive unless wIthin th¡'try DOl days from the date of the action on aggrlevod party or person applies for a SB9POO<C Page 5 writ of certiorari from the Superior Court in and for the County of King, State of Washington, for the purpose of review of the action taken. MINUTES OF THE DECEMBER 7, 19B9 PUBLIC HEARING ON BALD FILE NO. SB9POO<C: The Hurlng Examiner In this matter was Robert E. Buty. Those participating In the hearing were Sherh Sabour and Tom Ba"ek of Building and Land Development Division, Mitchell Washburn, Wildon Washburn and Kent Stepan. The following exhibits were presented and entered Into the record: Exhl bl t No. I: Exhibit No. 2: Exhibit No. 3: Exhibit No. 4: Exhlbl t No. 5: Exhl bit No. 6: Exhibit No. 7: Exhibit No. B: Exhibit No. 9: Exhibit No. 10: 4396D;RU,ja Building and Land Development Division Preliminary Report, dated December 7, 19B9 'Application, date~ Hay IB, 19B9 .-... Environmental Chéêk1lst, dated Hay 18, 19B9 Declaratatlon of Nonsignificance, dated OCtober 3, 1989 Affidavit of Posting, indicating OCtober 17, 1989 as the date of posting. Revised plat, dated October 20, 19B9 Assessor'a map of 25-21-3 Kroll Map of 742E and 743E Utility Easement re Washburn, dated February 24, 19 B 8 Letter from Washburn to Healer, dated Nove"b. r 24, 19 B9