Loading...
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 RESOLUTION # '}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 RESOLUTION # 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-.