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
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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 ~