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Res 96-234 RESOLUTION NO. 96-2~1j A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE FEDERAL WAY BPA TRAIL PHASE II; (FEDERAL WAY FILE NO. UPR 95-0029, FEDERAL WAY HEARING EXAMINER NO. 96-08). WHEREAS, The Federal Way Parks, Recreation, and Cultural Services Department ("Applicant") has submitted an application to construct a twelve (12) foot wide asphalt recreational trail located in the Bonneville Power Administration (BP A) powerline corridor between the 33200 Block of 1st Way South and the 600 Block of Southwest Campus Drive, Federal Way, Washington (the "Application"); and WHEREAS, the Application is proposed for a site thai is presently zoned Residential Single Family (RS) 7.2, RS 9.6, and RS 15.0; and WHEREAS, the Application is for a linear public park and pursuant to Federal Way City Code (FWCC) Section 22-646, the request to locate a public park in a RS zoning district requires Process III review; and WHEREAS, a determination of non-significance ("DNS Of) for this Application was issued by the City of Federal Way's Responsible Official on March 2, 1996 pursuant to the FWCC and the State Environmental Policy Act ("SEPA") and the DNS was not appealed; and WHEREAS, all public notices having duly been given pursuant to FWCC Section 22-480; and Res. # 96-231/-, Pagel ~ ~~~lf WHEREAS, FWCC Section 22-490(d) contains criteria for the consideration of Ihe Process III application; and WHEREAS, the Application includes a request to intrude into the 100 foot wetland setback area of two wetlands, and minor improvements such as footbridges, walkways, and benches are allowed within the setback area of a regulated wetland pursuant to a Process I review and the decisional criteria contained in FWCC Section 22-1359(c); and WHEREAS, the Application includes a request to place approximately 100 feet of a minor stream in a culvert, and placing a stream in a culvert is allowed subject to a Process I review and the decisional criteria contained in FWCC Section 22-1309; and WHEREAS, pursuant to FWCC Section 22-387 if a proposal requiring approval through Process I is part of a proposal that also requires approval through Process III, the entire proposal will be decided upon using the Process III review; and WHEREAS, pursuant to FWCC Section 22-482, the Federal Way Land Use Hearing Examiner held a public hearing on the Application on May 7, 1996; and WHEREAS, at the conclusion of said hearing, the Federal Way Land Use Hearing Examiner issued Findings, Conclusions and Recommendations for the Application on May 20, 1996; and WHEREAS, the City Council of the City of Federal Way is the governmental body having jurisdiction and authority to pass upon approval, denial and modification of the Application pursuant to the FWCC; and Res.# 96-~ Page#~ WHEREAS, FWCC Sections 22-490(d) , 22-1359(c), and 22-1309 contain decisional criteria for the Federal Way City Council's consideration of the Process I and Process III review, and WHEREAS, this matter having been considered by the Federal Way-City Council Land Use/Transportation Committee at its meeting on June 3, 1996, for the purpose of issuing its recommendation for conditional approval of the Application to the full City Council; and WHEREAS, the City Council having considered the written record and the Recommendation of the Hearing Examiner, pursuant to FWCC Section 22-490 on this date; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Hearing Examiner's Recommendation. The Findings of Fact and Conclusions of Law contained in the Recommendation of the Federal Way Land Use Hearing Examiner issued May 20, 1996, following a public hearing held on May 7, 1996, a copy of which is attached hereto as Exhibit "A" and incorporated by this reference ("Recommendation"), which included a recommendation to approve minor improvements and a walkway within the setback area of a regulated wetland, and a recommendation to place 100 feet of a minor stream in a culvert, are hereby adopted as the Findings of Fact and Conclusions of Law of the Federal Way City Council. Section 2. Process III Decisional Criteria. Pursuant to FWCC Section 22-490(d), the Federal Way City Council concludes that the decisional criteria have been satisfied as the Application is consistent with the Comprehensive Plan, is consistent with all applicable Res.#96~Z3~, Page#~ provisions of the FWCC including those adopted by reference from the Comprehensive Plan, and the Application is consistent with the public health, safety, and welfare. Section 3. Aoolication Aooroval. Based upon the Federal Way City Council's Findings of Fact and Conclusions of Law, as adopted by the City Council pursuant to Section I herein, the Application for the Federal Way BPA Trail Phase II, Federal Way File No. UPR 95-0029, Federal Way Hearing Examiner No.96-08, is hereby approved. Section 4. Conditions of Approval Integral. The conditions of approval of the Application are all integral to each other with respect to the Federal Way City Council finding that the public use and interest will be served by the approval of the Application and modifications contained therein. Should any court having jurisdiction of the subject matter declare any of the conditions invalid then, in said event, the approved Application and modifications granted in this resolution shall be deemed void, and the Application shall be remanded back to the City of Federal Way Land Use Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to insure that the Application makes appropriate provisions for the public health, safety and general welfare and applicable City ordinances, rules and regulations and forward such recommendation to the City Council for further action. Section 5. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Res.#96-23~ Page#Â---- Section 6. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this 18th day of June , 1996. CITY OF FEDERAL WAY / }Jt~~ ¡J ~ MA YOR, MAHLON (SKIP) PRIEST STÚ¡~i :&~ CIT CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: .~, LO~ELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 96-23~ 06-11-96 06-18-96 96-m Res. # 96-23}f Pagel ~