Res 93-132
RESOLUTION NO.
93-132
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, APPROVING THE
ALTERATION OF A RE-RECORDED SURVEY OF PLEASANT
HILL AT REDONDO TO RELOCATE AN INGRESS/EGRESS
EASEMENT ACROSS TRACT 12 OF THE SURVEY AREA,
TO ALLOW THE RELOCATED INGRESS/EGRESS EASEMENT
TO BE LOCATED WITHIN A BUILDING SETBACK LINE
AREA, AND APPROVING THE ALTERATION OF THE
LANGUAGE OF THE RE-RECORDED SURVEY OF PLEASANT
HILL AT REDONDO TO ALLOW A CITY ADMINISTRATIVE
REVIEW PROCESS FOR ANY FUTURE PROPOSED
ENCROACHMENT INTO THE RE-RECORDED SURVEY'S
BUILDING SETBACK LINE (BSBL) AND NATIVE GROWTH
PROTECTION EASEMENT (NGPE) AREAS.
WHEREAS, patricia and Peter Rose
("Applicants")
have
submitted an application to relocate an existing ingress/egress/
utility easement from the east to the west side of Tract 12 of the
Re-recorded Survey of Pleasant Hill at Redondo within the city of
Federal Way ("Application"); and
WHEREAS, such action is an alteration of a subdivision
pursuant to RCW 58.17.215; and
WHEREAS, the Application meets all requirements of RCW
58.17.215; and
WHEREAS, the Application was properly routed through the
city of Federal Way Community Development Review Committee who have
commented on the Application by including their comments in the
Staff Report presented to the City council; and
WHEREAS, all property owners and occupants within three
hundred (300) feet of Tracts 12 and 13 have been notified by mail
of the required public hearing on this Application pursuant to RCW
58.17.215, and pursuant to the Land Surface Modification provisions
RESOLUTION #
93-132
, PAGE-1-.
L
of Federal way Code 522-391 (Process I Review); and
WHEREAS, as additional notice of the Application, the
property subject of the Application was posted and notice was
published in the offical city newspaper pursuant to RCW 58.17.215;
and
WHEREAS, no public comments have been received prior to
the date of the public hearing; and
WHEREAS, the city council has held a public hearing on
this Application on this date; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1.
Findinas of Fact and Conclusions of Law.
The
Federal Way city council adopts by reference the Findings of Fact
and conclusions of Law, .as contained in the Staff Report for
Application MIS 93-002, on the Application for Alteration of the
Re-recorded survey for Pleasant Hill at Redondo, which Staff Report
is attached hereto and adopted herein by this reference.
section 2.
Decisional criteria.
The Federal Way city
council further finds that this Application meets the decisional
criteria pursuant to RCW 58.17.215, which requires the legislative
authority to determine the public use and interest in the proposed
alteration and, if so finding, grants to the legislative authority
the ability to approve the Alteration Application.
The city
council
finds that the proposed Application to relocate the
ingress/ egress/utility easement and to modify the language of the
Re-recorded Survey to allow administrative approval for proposed
RESOLUTION #
'11-117
, PAGE~.
intrusions into the Native Growth Protection Easement (tlNGPEtI)
and Building Setback Lines (tlBSBL") does not have an adverse effect
on the public as follows:
1.
Relocation of the driveway from the eastern to the
western
boundary
of
Tract
12
will
retain
the
minimum separation between driveways pursuant to
Federal
Way
Code
§22-15.43
(Separation
of
Driveways).
2.
Any potential adverse environmental impacts will be
adequately
addressed
through
the
land
surface
modification process pursuant to Federal Way Code
§22-391, Process I.
3.
Modification of the Re-recorded Survey language to
allow
administrative
review
and
approval
for
encroachment in NGPE and BSBL areas will allow an
adequate level of review consistent with standard
city review processes.
4.
The modification of the review process will allow
the city to use existing procedures and review
criteria established in the Federal Way city code
for
encroachment
into
environmentally
sensitive
areas and environmentally sensitive area setbacks.
Section 3.
conditional ADDroval of Alteration to Tract
ll.
Based upon the above Findings of Fact, Conclusions
of Law and Findings that the Decisional criteria necessary for this
Application have been met, the Application for Alteration to the
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'}1-112
, PAGE--Ì-'
Re-recorded Survey of Pleasant Hill at Redondo,
Tract 12,
is
approved upon conditions to allow:
1.
Relocation of an ingress/egress/utility easement on
Tract 12,
Pleasant Hill at Redondo,
as per the
Application on file with the City of Federal Way
Planning Department, File No. MIS 93-002.
2.
Encroachment by the ingress/egress utility easement
into a BSBL on the west side of Tract 12, Pleasant
Hill at Redondo.
Approval of the modification to Tract 12 is conditioned upon the
following:
1.
Approval of land surface modification LSM 92-0002.
2.
Transfer of the existing Federal Way Water and
Sewer Right of Access to the proposed easement area
for the purpose of servicing sewer facilities to
and on Tract 17, by separate recorded documents
recorded with the county Auditor on Tract 12 and
Tract 17.
3.
The issuance of a grade and fill permit by the City
of Federal Way prior to any activity on the site.
section
4.
ADDroval
of
Alteration
to
Re-recorded
Survev Lanauaae of Pleasant Hill at Redondo.
Based upon
the above Findings of Fact, Conclusions of Law and upon a Finding
that the Applicable Decisional criteria have been met,
this
Application MIS 93-002 is further approved to modify the Re-
recorded Survey language to allow administrative approval of future
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93-132
, PAGE-L-.
applications for encroachment into NGRE and BSBL areas for all
affected tracts within the Rerecorded Survey known as Pleasant Hill
at Redondo.
Section 5.
Recordinq.
Pursuant to the approval granted
herein, the Applicants are ordered to produce a revised drawing of
the Re-recorded Survey of Pleasant Hill at Redondo which shall
contain the alterations approved herein.
The Mayor, the Director
of Community Development, and the Public works Director of the city
of Federal Way are hereby authorized to sign the revised drawing of
the approved alteration, which shall then be filed with the King
county Department of Elections to become the lawful Re-Recorded
Survey of the property.
The Applicant shall pay all recording
fees.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this ~ day of
, 1993.
March
CITY OF FEDERAL WAY
~~q- ~
MAYOR, ROBERT STEAD
. SWANEY, CMC
~ M ro Fmœ,
I'-----
CITY ATTORNEY, CAROLYN A. LAKE
FILED WITH THE CITY CLERK: 3/16/93
PASSED BY THE CITY COUNCIL: 3/16/93
RESOLUTION NO. 93-132
la \kathleer\reso\redondo. t12
RESOLUTION #
93-132
, PAGE--2-.