Res 97-252
RESOLUTION NO.
97-252
A RESOLUTION 01' THE CITY COUNCIL 01' THE CITY 01'
I'EDERAL WAY, WASHINGTON, APPROVING WITH CONDI'.I!J:ONS
THE PRELIMXNARY PLAT 01' GRANVXLLB PLACE, FEDERAL
WAY FILE NO SUB-96-0001
WHEREAS, the applicants, Bob Woodford and Jerry Holm,
applied to the City of Federal Way for preliminary plat approval to
subdivide certain real property consisting of 2.09 acres into seven
(7) single family residential lots located between SW 30th and 35th
Avenues SW, approximately 220 feet to the south of SW 344th street
with access from SW 346th Place, if extended; and
WHEREAS, the Federal Way Land Use Hearing Examiner held
a public hearing on April, 1, 1997 concerning the preliminary plat
of Granville Place; and
WHEREAS, at the conclusion of said hearing the Federal
Way Land Use Hearing Examiner issued its Recommendation on April
21, 1997 containing findings, conditions and conclusions; and
WHEREAS, the city council of the City of Federal Way is
the governmental body now having jurisdiction and authority to pass
upon the approval, denial or modification of the application and
the conditions of said preliminary plat pursuant to section 20-113
of the Federal Way city Code; and
WHEREAS, the city Council having considered the written record
and Recommendation of the Hearing Examiner, pursuant to Chapter 20
Res. # 97-252, Page 1
tCO[f2>V
of
Federal
way
city
Code,
Chapter
58.17
RCW
and
all
other
applicable City Codes; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
section
1.
Findinas
of
Facts.
Conditions
and
Conclusions.
The Recommendation of the Federal Way Land Use
Hearing Examiner issued on April 21, 1997, containing the Hearing
Examiner's findings, conditions and conclusions, following a public
hearing on April 1,
1997.,
to approve the preliminary plat of
Granville Place subject to certain conditions, is hereby adopted as
the findings, conclusions and conditions of the city Council.
section
2.
Application
Approval.
Based
upon
the
Recommendation of the Federal Way Land Use Hearing Examiner and the
findings, conditions and conclusions contained therein, as adopted
by reference by the city Council set forth above, the preliminary
plat of Granville Place,
Federal Way File No.
SUB-96-0001,
is
hereby
approved
subject
to
the
conditions
contained
in
the
Recommendation of the Federal Way Land Use Hearing Examiner dated
April 21, 1997 attached hereto as Exhibit A and incorporated by
this reference.
section
3.
Conditions
of
ADproval
Intearal.
The
conditions of approval of the preliminary plat are all integral to
each other with respect to the City Council finding that public use
and interest will be served by the platting or subdivision of the
subject property.
Should any court having jurisdiction over the
subject matter declare any of the conditions invalid, then, in said
Res. #~, Page 2
event,
the proposed preliminary plat approval granted in this
resolution shall be deemed void, and the preliminary plat shall be
remanded to the City of Federal Way Hearing Examiner to review the
impacts of the invalidation of any condition or conditions and
conduct such additional proceedings as are necessary to assure that
the proposed plat makes appropriate provisions for the public
health, safety and general welfare and other factors as required by
RCW
Chapter
58.17
and
applicable
city
ordinances,
rules
and
regulations and forward suçh recommendation to the City Council for
further action.
section 4.
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.
section 5.
Ratification.
Any act consistent with the
authority and prior to the effective date of the resolution is
hereby ratified and affirmed.
section 6.
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 ze) DAY OF ,)1a(~ ,1997
CITY OF FEDERAL WAY
~ J. ~¿Ÿ-
YOR, MARLON S. PRIEST
Res. #~ Page 3
ATTEST:
APPROVED AS TO FORM:
, -.?-;;"~,,^ ,---,'----'-~,
CITY .-YI'~~NDI .K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
04-29-97
05-20-97
97-252
Res. # 97-252, Page 4
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RECEIVED
APR 2:1 í997
CITY CLERKS OFFICE
Cil V OF FEDERAL WAY
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF:
FWHE# 97-5
PRELIMINARY PLAT OF
GRANVILLE PLACE
PROCESS III
I. SUMMARY OF APPLICATION
The applicant proposes to subdivide two parcels of land into seven lots, each having a
minimum of 7,200 square feet. One òf the subject parcels contains an existing single family
residence and the other parcel is undeveloped.
II. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
April 1,1997
April 21, 1997
At the hearing the following presented testimony and evidence:
1.
Lori Michaelson, Senior Planner, City of Federal Way
2.
Granville Horn, Apex Engineering
3.
Pam Glaser, 3118 SW 346'h Place, Federal Way, WA 98023
4.
Gary Barnettt, Senior Development Engineer, City of Federal Way
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1.
Staff Report with all attachments
III. FINDINGS
1.
The Hearing Examiner has heard testimóny, admitted documentary evidence into the record,
and taken this matter under advisement.
2.
The Community Development Staff Report sets forth general findings, applicable policies
and provisions in this matter and is hereby marked as Exhibit" 1" and incorporated in its
entirety by this reference.
EXHIBIT -y;. /1
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PRELIMINARY PLAT OF GRANVILLE PLACE
April2l,1997
Page - 2
3.
All appropriate notices were delivered in accordance with the requirements of the Federal
Way City Code (FWCC).
4.
The applicant has a possessory ownership interest in a 2.09 acre, trapezoidal shaped parcel
of property located at the terminus ofSW 346th Place, south ofSW 344th St. within the City
of Federal Way. The parcel, bordered on the south by property within Pierce County, is
improved with a single family residential dwelling and accessory structure on the northern
portion. The applicant is requesting preliminary plat approval to allow subdivision of the
parcel into seven single family residential lots. The preliminary plat shows that access to the
site will be provided by extending SW 346th Place through the southern portion of plat. Six
lots are proposed for the south portion of the plat and a temporary cul-de-sac is proposed
between lots five and six at approximately the center of the parcel. A storm detention tract
separates lot six from lot seven which abuts the north property line and is improved with the
existing structures which will remain. Lot seven will continue to use the existing access onto
SW 344'h Street.
5.
SW 346th Place presently terminates in a temporary cul-de-sac at the parcel's east property
line. The applicant will remove the asphalt from the cul-de-sac portion of the road, return
said area to grass, and remove the temporary cul-de-sac easement from the title of the
subservient estates.
6.
The east property line is bordered by the Southhampton Court subdivision and the south
property line is bordered by the Stonegate Division II subdivision located in Pierce County.
The north and west property lines are bordered by single family residential dwellings on
larger lots. .
7.
The site is located within the Single Family Residential-High Density designation of the
Federal Way Comprehensive Plan and is located within the Single Family Residential (RS-
7.2) zone classification of the FWCC. The RS-7.2 classification authorizes single family
detached dwelling units on minimum 7,200 square foot lot sizes. The proposed minimum lot
size is 7,200 square feet and the maximum lot size is 10,320 square feet. The proposed lot
size and density are consistent with abutting and nearby platted properties within both the
City and Pierce County.
8.
The storm drainage improvements must comply with all applicable Core and special
requirements outlined in the King County Surface Water Design Manual including surface
water detention, biofiltration, and oil/water separation. The applicant submitted a Level I
downstream analysis which has been reviewed by the City Public Works Department. The
storm water system is designed to collect storm water in the detention tract between lots six
and seven, and then releasing the water to a biofiltration swale for conveyance to the north .
to an existing outfall point in SW 344'" St. ~ . ~.
PRELIMINARY PLAT OF GRANVILLE PLACE
April21,l997
Page - 3
9.
The soils consist of Alderwood gravelly, sandy loam which is moderately well drained,
capable of adequate compaction, and able to support the proposed development. The site is
mostly flat with an average slope of three percent. On site vegetation consists of domestic
shrubs and grasses, alder, blackberry, and other native species. Four significant trees are on
site, all of which will be lost. The applicant must obtain approval of a landscape plan and
comply with the significant tree ordinance. No threatened or endangered species are known
or excepted to inhabit the site. Replacement of the significant trees and incorporation of
street trees, buffering, open space, and landscaping will assist the small birds and animals
currently on the site. The project}s not located within a sensitive area or 100 year floodplain.
10.
The applicant will install full street improvements for the extension of SW 346th Place from
the present temporary cul-de-sac to the new temporary cul-de-sac, and half street
improvements north of said point. Full street improvements include 28 feet of pavement,
vertical curbs, gutters, sidewalks, and street trees within a 56 foot wide right-of-way. The
half street improvements will include 20 feet of pavement, curb, gutter, sidewalk, and street
trees on the easterly side only. The half street improvements will extend from the temporary
cul-de-sac to the north property line of lot seven within a 30 foot right-of-way. Lot seven
will continue to use the existing access onto SW 344th Street which will also serve as an
emergency vehicle access for the plat.
11.
The applicant asserts that since SW 346th Place is a neighborhood access street, street
lighting is not required by the FWCC. Section 22-1522 FWCC states as follows:
Street lighting shall be required on all rights-of-way, except
neighborhood access streets and culs-de-sac.
Section 20-185 FWCC states as follows:
a.
All subdivisions and short subdivisions shall install street
lighting on all streets, except neighborhood access streets and
cul-de-sacs where installation is optional, in accordance with
common design standards for spacing, placement, and
luminous intensity.
b.
Light standard and luminar design shall be approved by the
Director of Public Works.
Section 22-1522 is a portion of the zoning chapter of the FWCC and addresses street
lighting on all City streets regardless of whether said streets are located within a
subdivision. Section 20-185 is a portion of the subdivision chapter of the FWCC and
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PRELIMINARY PLAT OF GRANVILLE PLACE
April21,1997
Page - 4
13.
14.
15.
16.
17.
specifically addresses standards for new subdivisions. Section 20-l85 states that it
is optional with the City as to whether street lighting is required on neighborhood
access streets. Such interpretation is consistent with Section 20-1 44(C) FWCe-which
sets forth a portion of the criteria which the Examiner must evaluate in a plat
alteration application. Said section states that Section 20-185 applies "only to new
roadways proposed as a result of the alteration of the plat" Thus, in all new
subdivision streets, street lighting may be required at the discretion of the City.
12.
School aged children residing in the subdivision will be served by Green Gables Elementary
School, Saghalie Junior High S<:hool, and Decatur High School. Bus stops are currently
located within a few blocks of the plat and may be adjusted depending on student
transportation needs. The plat must comply with the City School Impact Fee Ordinance
which is subject to an annual adjustment and update.
Alderdale Park is located approximately one half mile to the northeast of the site; Olympic
View Park is approximately one mile north of the site; and Crescent Heights Park, within the
City of Tacoma, is approximately one mile to the west. Dash Point State Park is 1.5 miles
to the northwest. Section 20-155(B) FWCC requires the applicant to provide open space in
the amount of"15% of the gross land area of the subdivision site". However, since the site
is less than five acres, the applicant is allowed to seek alternative methods to providing said
open space on site. The applicant is proposing to pay a fee in lieu of reservation as permitted
by Section 22-155 and as required by a conditional of approval hereinafter.
The City of Tacoma has provided a certificate of water availability indicating its ability to
supply both domestic water and fire flow to the site. The Lake Haven Utility District will
supply sanitary sewer service to all lots.
Section 20-120(B) FWCC requires the Examiner to review a request for preliminary plat
approval for compliance with Sections 20-2; 20-151 through 20-157; 20-178 through 20-187
FWCC; and RCW 58.17.
The preliminary plat complies with the subdivision design criteria set forth in Section 20-151
FWCC. The traffic is distributed in a logical manner toward a collector street system and
connects with existing streets. A temporary cul-de-sac is provided, but is not more than 600
feet in length. The site contains no steep slopes and the streets are designed in conformance
with adopted standards for sight distance at intersections.
All lots are designed in accordance with the criteria set forth in Section 20-152 FWCC and
are of ample dimension to provide a regular shaped building area which can meet required
setbacks. All lots are designed to provide access for emergency apparatus and abut a public
street right-of-way. No lots will access onto an arterial street. As previously found :the
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PRELIMINARY PLAT OF GRANVILLE PLACE
Apri121,1997
Page - 5
19.
20.
subdivision meets the density and lot size criteria of the RS-7.2 zone classification. The
applicant is not proposing a cluster subdivision, and as previously found, will satisfy the
open space requirements of Section 20-155 FWCC by making a paymentir¡-[ieu of open
space. Pedestrian and bicycle access corridors are not appropriate as the site is not located
near a bikeway or trail. Sidewalks on both sides of the plat road will ensure safe walking
conditions. No view blockage issue are present.
18.
The improvement and density requirements set forth in Sections 20-176 and 20-177 FWCC
are satisfied. Buffers required by Section 20-178 are not necessary since the site is bordered
by single family residential development on all sides. Conditions of approval require the
applicant to retain all natural vegetation except that removed for improvements or grading
as required by Section 20-179. Street improvements meet the requirement of Section 20-180.
The City of Tacoma will serve the subdivision with both domestic water and fire flow as is
authorized by Section 20-181 FWCC and the Lake Haven Utility District will provide
sanitary sewer service as is authorized by Section 20-182. As previously found, the applicant
is proposing an adequate storm drainage system designed in accordance with FWCC
requirements as required by Section 20-183. All lots in the subdivision will be served by
electricity, telephone, cable tv, and natural gas (if available) and all utilities will be provided
underground as required by Section 20-184. As previously found, street lighting will be
provided as required by Section 20-185. The applicant is required to provide a landscape
plan, comply with the significant tree ordinance, and provide permanent survey control
monuments in accordance with Sections 20-186 and 20-187 FWCc.
Subdivisions are approved pursuant to the Process III evaluation set forth in Section 22-476
et seq. FWCC. Process III requires the Examiner to issue a recommendation to the Federal
Way City Council which then makes the final decision as to approval or disapproval of the
preliminary plat application. Findings on each decisional criteria used by the City Council
to make its decision are hereby made as follows:
A.
The proposed preliminary plat is consistent with the Single Family High Density
designation of the 1995 Federal Way Comprehensive Plan. The plat is developed in
accordance with the RS- 7.2 zone classification and is consistent with density
allowances and policies applicable to the Single Family High Density designation.
B.
The proposed preliminary plat múst comply with all applicable codes and regulations
to include the Environmental Policy, the Subdivision, and the Methods of Mitigation
Chapters of the FWCC. Conditions of approval set forth hereinafter ensure that the
preliminary plat complies will all applicable codes and regulations.
C.
The proposed preliminary plat is consistent with and will ensure protection of the
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PRELIMINARY PLAT OF GRANVILLE PLACE
April 21, 1997
Page - 6
public health, safety, and welfare.
IV. CONCLUSIONS
From the foregoing findings the Hearing Examiner makes the following conclusions:
1.
2.
3.
B.
C.
The Hearing Examiner has jurisdiction to consider and decide the issues presented by this
request.
The proposed preliminary plat promotes the health, safety, and general welfare in accordance
with standards established by the'State and the City, and promotes the effective use of land
by preventing the overcrowding or scattering of development. The plat avoids congestion
and promotes the safe and convenient travel by the public on City streets. The plat provides
for adequate light and air, water, sewage, drainage, parks and recreational areas, schools and
school grounds, and other public requirements. The plat makes appropriate provision for
proper ingress and egress and provides for housing needs of the community. The plat will
ensure uniform monumenting of land divisions and conveyance of accurate legal descriptions
and contains no environmentally sensitive areas.
The proposed preliminary plat makes appropriate provision for the public health, safety, and
general welfare for open spaces, drainage ways, streets, alleys, other public ways, water
supplies, sanitary waste, fire protection, parks, playgrounds, schools, and safe walking
conditions as required by RCW 58.17.110. The proposed preliminary plat will serve the
public use and interest by providing an attractive location for a single family residential
subdivision and therefore should be approved subject to the following conditions:
A.
Prior to final plat approval, the existing structure on Lot 7, located within five feet
of the proposed south property line, must be removed or relocated to conform to
building setbacks requirements as established by Federal Way City Code (FWCC);
or lot lines must be adjusted accordingly.
Prior to final plat approval the required off-site hydrant must be installed at SW 344th
Street at a location approved by King County Fire Districf#39, or alternative fire
protection measures implemented for Lot #7, as approved by the fire district.
Pursuant to the applicant's propošal to pay a fee in lieu of reserving a portion of on
site open space, as provided by the FWCC, a current market value analysis of
similarity situated property must be submitted to the City to determine the amount
of the open space fee under this agreement. Payment of the open space fee shall be
required prior to final plat approval.
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PRELIMINARY PLAT OF GRANVILLE PLACE
April21,1997
Page - 7
G.
H.
I.
D.
The existing temporary cul-de-sac easement located east of the site at the existing
terminus ofSW 346th Place shall be relinquished and documents filed with the City
for recording. The applicant is responsible to prepare and submiHke necessary
documents in a form approved by the City. The applicant shall reconstruct the cul-
de-sac area to match the existing improvements. Design and construction of this
street section shall conform to Public Works standards and shall include sidewalks
and street trees within the planter strip, as approved by the City.
E.
Design and location of the temporary barricade adjacent to Lot 7 shall be approved
by the City of Federal Way and King County Fire District 39. This temporary
barricade shall be removea with future right-of-way improvements, as required and
approved by the City.
F.
The proposed temporary cul-de-sac easement located in Lots 5 and 6 shall be
relinquished with future right-of-way improvements at this location, and the area
reconstructed, as required and approved by the City.
Retention/detention facilities used to control runofffTom the site to off-site drainage
courses shall be located in a detention tract dedicated to the City at the time of final
plat approval, unless located within improved public rights-of-way.
The final plat drawing must establish the open space buffer in an open space tract to
be owned in common and maintained by property owners of the proposed
subdivision, and prohibiting removal or disturbance of landscaping within the tract,
except as necessary for maintenance or replacement of existing plantings and as
approved by the City. The open space buffer shall be landscaped to achieve and
maintain a visual buffer pursuant to FWCC Chapter 20-155 and Sec. 22-1 565(c)(l),
as approved by the City and pursuant to Condition #, below.
Prior to issuance of construction permits a landscape plan, prepared by a licensed
landscape architect, shall be submitted to the City for approval, and shall include the
following elements:
(a)
Open space buffer landscaping;
(b)
Street trees in planter strips inside plat boundaries and off-site as required by
Condition #4, above;
(c)
Significant tree replacement plan; and
(d)
Visual screening of all property boundaries of the detention tract from
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PRELIMINARY PLAT OF GRANVILLE PLACE
Apri121,1997
Page - 8
adjacent properties and the right-of-way with landscaping and/or fencing.
J.
Prior to final plat approval, all required improvements must be eölnfJleted or the
improvements appropriately bonded, per City Code requirements. Design and
construction of plat improvements shall conform to Federal Way City Code, the King
County Surface Water Design Manual, the Hylebos Creek and Lower Puget Sound
Basin Plan, and all other applicable codes and regulations.
RECOMMENDATION:
It is hereby recommended to the Federal Way City Council that the preliminary plat of
Granville Place be approved subject to the conditions contained in the conclusions above.
)l:-
OA TED THIS ~ . DAY s~¡;J5:.G)~
Hearing Examiner
TRANSMITTED THIS E DAY OF April, 1997, to the following:
APPLICANTS:
Bob Woodford and Jerry Holm
25105 9th Avenue S
Des Moines, WA 98198
OWNERS:
Gene F. Sims
1742931" Drive NW
Arlington, W A 98223
James McCulloch
3327 SW 344th Street
Federal Way, WA 98023
AGENT:
Granville Horn
APEX Engineering
2401 South 35th Street
Tacoma, W A 98409
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PRELIMINARY PLAT OF GRANVILLE PLACE
Apri12l,1997
Page - 9
Pam Glaser
3118SW349thPlace
Federal Way, WA 98023
Debbie Kovach
3126 SW 346th Place
Federal Way, WA 98023
Al Dimakis
3110 SW 346th Place
Federal Way, WA 98023
City of Federal Way
Attn: Bob Baker/Lori Michaelson
33530 I" Way South
Federal Way, WA 98003
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RIGHTS TO RECONSIDERATION AND CHALLENGE
THE BELOW STATED RIGHTS TO RECONSIDERATION AND APPEAL AND DESIGNED
TO
PROVIDE
NOTICE
OF
TIME
LIMITS
AND
A
GENERAL
OUTLINE
OF
PROCEDURES.
THE
SPECIFIC
REQUIREMENTS
FOR
RE~EST
FOR
RECONSIDERATION ARE FOUND IN SECTION 22-488 OF THE FEDERAL WAY CITY
CODE.
THE SPECIFIC REQUIREMENTS FOR CHALLENGES TO THE HEARING
EXAMINER'S
RECOMMENDATION ARE
FOUND
IN SECTION
22-489
OF THE
FEDERAL
WAY
CITY
CODE.
CLARIFICATION
OF
THE
RIGHTS
TO
RECONSIDERATION AND CHALLENGE AND THE NAMES AND ADDRESSES
OF
PERSONS WHO HAVE A RIGHT TO CHALLENGE MAY BE OBTAINED FROM THE CITY
CLERK OF THE CITY OF FEDERAL WAY.
RECONSIDERATION
Any person who has a right to challenge a recommendation of the
Hearing Examiner under the Federal Way City Code may request the
Hearing
Examiner
to
reconsider
any
aspect
of
his
or
her
recommendation by delivering a written request for reconsideration
to
the
Department
of
Community
Development
within
seven
(7)
calendar days after the date of issuance of the Hearing Examiner's
recommendation.
The person requesting the reconsideration shall
specify in the request what aspect of the recommendation he or she
wishes to have reconsidered and the reason for the request.
The person requesting the reconsideration shall within seven (7)
calendar days following issuance of the recommendation, mail or
personally deliver a copy of the request for reconsideration along
with a notice of the right to file a written response to the
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request to those persons who have a right to challenge under
Federal Way City Code. Proof of such mailing or personal delivery
shall
be
made
by
an
affidavit
attached
to
the
request
for
reconsideration at the time of delivering the
request
to the
Department of Community Development. The notice shall state that
such response must be received by the Department of Community
Development within seven (7) calendar days following the filing of
the request with the department.
Any person filing a response to a response to the reconsideration
request must distribute that response by mail or personal delivery
to those persons having a right to challenge under the Federal Way
City Code.
Proof of such distribution by mail or personal delivery
shall be made by affidavit attached to the response delivered to
the Department of Community Development.
Within
ten
(10)
working
days
after
expiration
of
the
reconsideration period,
the Hearing Examiner shall
notify the
persons who have a right to challenge under the Federal Way Zoning
Code, whether or not the recommendation will be reconsidered.
The
Hearing Examiner may reconsider the recommendation only if he or
she concludes that there is substantial merit in the request.
The
process of reconsideration will be in accordance with Section 22-
488 of the Federal Way City Code.
CHALLENGE
The recommendation of the Hearing Examiner may be challenged by any
person who is to receive a copy of that recommendation.
The
challenge, in the form of a letter of challenge, must be delivered'
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to the Department of Community Development within fourteen (14)
calendar
days
after
the
issuance
of
the
Hearing
Examiner's
recommendation or, if a request for reconsideration is filed, then
within fourteen (14) calendar days of either the recommendation of
the Hearing Examiner denying the request for reconsideratlõn or the
reconsidered recommendation.
The letter of challenge must contain
a clear reference to the matter being challenged and a statement of
the
specific
factual
findings
and conclusions
of
the Hearing
Examiner disputed by the p~rson filing the challenge.
The person
filing the challenge shall include, with the letter of challenge,
the
fee
established by the City.
The
challenge will not be
accepted unless it is accompanied by the required fee.
The
person
challenging
the
recommendation
shall
within
said
fourteen (14) calendar day period mail or personally deliver a copy
of the letter of challenge along with a notice of the right to file
a written response to the challenge to those persons who have the
right to file a challenge under Section 22-489 of the Federal Way
City Code.
The notice shall state that
such response must be
received by the Department of Community Development within five (5)
working days following the filing of the written challenge with the
department.
Any person filing a response to,the reconsideration request must
distribute that response by mail or personal delivery to those
persons having a right to challenge under Section 22-489 of the
Federal Way City Code.
Proof of such distribution by mail or
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personal
delivery shall be
made by affidavit
attached
to
the
response delivered to the Department of Community Development.
The
recommendation
of
the
Hearing
Examiner
may be
challenged
whether or not
there was
a request
to reconsider the - Hearing
Examiner's recommendation.
Any challenge of the Hearing Examiner's
recommendation will be heard by the Federal Way City Council.