Res 01-349
RESOLUTION NO. 01-349
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE COTTAGES AT HOYT ROAD PRELThfiNARY
PLAT, FEDERAL WAY FILE NO. 98-1O4394-00SU.
WHEREAS, the applicant Rick Williams, through his agent Michael Davis, applied to the City
of Federal Way for preliminary plat approval to subdivide certain real property known as the Cottages at
Hoyt Road and consisting of approximately 16.4 acres into forty (40) single familyresidentiallots located in
the 33300 Block of Hoyt Road SW, on the east side of the street; and
WHEREAS, on May 26,200 I, an MitigatedEnvironmentaIDeterminationofNonsignificance
(MDNS) was issued by the Director of Federal Way's Department of Community Development Services
pursuant to the State Environmental Policy Act (SEPA), RCW 43.2IC; and
~
WHEREAS, no comments which raised issues which required a change in the MDNS were
submitted to the Department of Community Development Services; and
WHEREAS, no appeals of the MDNS w~re submitted to the Department of Community
Development Services; and
WHEREAS, the Federal Way Land Use Hearing Examiner on August 28, 2001, held a public
hearing concerning the Cottages at Hoyt Road preliminary plat; and
WHEREAS, following the conclusion of said hearing, on August 28, 2001, the Federal Way
Land Use Hearing Examiner issued a written Report and Recommendationcontainingfindings,conclusions,
and recommending approval of the Cottages at Hoyt Road preliminary plat subject to conditions set forth
therein; and
WHEREAS, on October I, 2001 the City Council Land Use and Transportation Committee
considered the record and the Hearing Examiner recommendation and voted to forward a recommendation
Resolution No.~ Page #1
ORIGINAL
for approval of the proposed Cottages at Hoyt Road preliminary plat to the full City Council, with no
changes to the Hearing Examiner recommendation; and
WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section
20-127 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions;
and
WHEREAS, on éJ(! T. k 2001, the City Council considered the written record and the
Report and Recommendation of the Hearing Examiner on the Cottages at Hoyt Road preliminary plat,
pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all otherapplicableCityCodes;
Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY RESOL VB As FOLLOWS:
Section I. Adoption of Findings of Fact and Conclusions.
!it
1.
The findings of fact and conclusions of the Land Use Hearing Examiner's
Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the
findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any
conclusion deemed to be a finding, shall be treated as such.
2.
Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing
Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision
makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces,
drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary
waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are
required by City Code and state law, and provides for sidewalks and other planning features to assure safe
walking conditions for stUdents who walk to and from school.
3.
The public use and interest will be served by the preliminary plat approval granted
ResolutionNo.01-349 .Page#2
herein.
Section 2. Application Approval. Based upon the recommendationofthe Federal Way Land
Use Hearing Examiner and findings and conclusions contained therein as adopted by the City Council
immediately above, the Cottages at Hoyt Road preliminary plat, Federal Way File No. 98-1O4394-00SU, is
hereby approved, subject to conditions as contained in the Recommendation of the Federal Way Land Use
Hearing Examiner dated September 6, 2001 (Exhibit A).
Section 3. Conditions of Approval Integral The conditions of approval ofthe preliminaryplat
are all integral to each other with respect to the City Council finding that the 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 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 such
recommendation to the City Council for further action.
Section 4. Severability. Ifany section, sentence, clause, or phrase of this r esolutionshould 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
Resolution No. 01-349 , Page #3
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-1Q.tÐAYOF
October
, 2001.
CITY OF FEDERAL WAY
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MAYORM
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APPROVED As To FORM:
f~~~
CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK: 10/09/01
PASSED By THE CITY COUNCIL: 10/16/01
RESOLUTION No. 01-349
Resolution No. ~ Page #4
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Page - 1
CITY OF FEDERAL WAY
~~
ICy of Federal Way
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF:
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FWHE# 01-06
COTTAGES AT HOYT ROAD
98-104394-00-SU
98-104393-00-SE
I. SUMMARY OF APPLICATION
The applicant is requesting preliminary plat approval of a 16.9 acre parcel into a 40
lot single family residential subdivision.
II. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
August 28, 2001
September 6, 2001
At the hearing the following presented testimony and evidence:
4.
6.
1.
David Graves, Contractual Planner for City of Federal Way
Mike Davis, representing applicant, 27013 Pacific Highway South #353, Des
Moines, WA 98198
2.
3.
Dan Catron 32230 45'" St. SW, Federal Way, WA 98q23
Pamela Kramer 33,175 4200 Place SW, Federal Way, WA 98023
5.
Robert Stiers, 3322543'" Ave. SW, Federal Way, WA98023
Pat Curran, 331804200 PI. SW, Federal Way, WA 98023
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1.
(!,'4~
~~
Staff Report with all attachments
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4.
5..
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2.
Letter from Steven Jones dated August 28, 2001
3.
Letter from Craig Ramsey dated August 22, 2001
4.
Letter from Ted Kramer dated August 28, 2001
5.
Power Point presentation
6.
Letter from Dan Catron
7.
Letter from Dan and Pat Curran
III. FINDINGS
1.
The Hearing Examiner has heard testimony, viewed the site and area, 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.
3.
All appropriate notices were delivered in accordance with the requirements of the
Federal Way City Code (FWCC).
The applicant has a possessory ownership interest in an irregularly shaped, 16.4
acre parcel of property abutting the east side of Hoyt Road north of its intersection
with SW 340'" St. within the City of Federal Way. The parcel, covered with second
growth Douglas fir trees, slopes down hill from east to west and from south to north.
The applicant requests preliminary plat approval to allow subdivision of the site into
40 single family residential lots with a minimum lot size of 7,200 square feet.
The preliminary plat map shows a looped internal plat road with two accesses onto
Hoyt Road and cul-de-sacs extendinc to the north and south from the loop road.
The map also shows a storm drainage detention pond in the northwest corner
adjacent to Hoyt Road, a 15 foot wide buffer along the north property line adjacent
to the High Point Park Division 3 subdivision, a 50 foot wide buffer along the east
property line adjacent to the High Point Park Division 1 subdivision, and a 15 foot
wide buffer along the south property line adjacent to the Wedgewood Division 3
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subdivision.
6.
Single family residential homes in the High Point Park Division 3 subdivision to the
north, the High Point Park Division 1 subdivision to the east, and in the Wedgewood
Division 3 subdivision to the south abut the north, east, and south property lines.
Hoyt Road abuts the west property line, and properties to the west of Hoyt Road are
improved with single family residential homes.
7.
The parcel is located within the Single Family Residential (RS) zone classification
of the Federal Way City Code (FWCC). Section 22-631 FWCC authorizes detached
dwelling units as outright permitted uses in the RS-7.2 zone classification with a
minimum lot size of 7,200 square feet. Said section also requires structural setbacks
of 20 feet from the front yard (street) and five feet from the side and rear yards.
Structures may extend a maximum of 30 feet above average grade. Abutting
parcels to the north and east are also located within the RS-7.2 zone classification,
while parcels to the south are within the RS-9.6 classification which authorizes
single family homes on minimum 9,600 square foot lots. Parcels to the west across
Hoyt Road are within the RS-7.2, 9.6, and 15.0 classifications. Since the minimum
lot size will equal 7,200 square feet, the project complies with the RS-7.2
classification. The project will be compatibl~ with surrounding development which
has occurred in accordance with City zoning.
8.
A visit to the site establishes that the parcel appears to be one of the last remaining
undeveloped parcels in the area. Many new subdivisions and other development
has occurred in the area in the recent past to include the subdivision to the east and
north. A single family subdivision constructed in accordance with conditions of
approval and City ordinances should fit in well with the existing neighborhood.
9.
Concerns were raised regarding the ability of the applicant t.o control storm water
runoff from the site and the fact that the storm drainage pond will accommodate only
a ten year storm event. The applicant must design its storm drainage improvements
in accordance with the 1990 King County Surface Water Design Manual and the
City of Federal Way Addendum to the manual. The applicant will install storm water
collection and conveyance systems for all paved areas and will collect and route
water to the on-site detention facility. Touma Engineers prepared a storm drainage
report for the preliminary plat (Exhibit "En to the staff report) which shows that a
majority of lot 35 consisting of 3.73 acres will bypass the on-site drainage facilities.
Furthermore, because a project called North Shore Division 2 has diverted 100
acres away from the drainage basin within which the plat is located, the City
properly determined that a design to accommodate the two and 10 year, seven day
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10.
11.
12.
storm peaks were appropriate for the pond. The applicant also increased the
detention volume by 30% over the ten year event. The City Public Works
Department must approve the applicant's storm drainage plan.
Concerns were raised regarding the potential for erosion since the geotechnical
engineering study performed by Terra Associations, Inc., identified the soils on site
as having a moderate to very severe potential for erosion. Concerns were also
raised regarding the amount of grading necessary to prepare the site for
constructing single family homes. The geotechnical engineeñng study notes that the
applicant revised the grading plan as requested by the City to limit grading to that
needed for roadways. The graded areas are generally limited to 2:1 slopes which
reduces the disturbance of vegetation on the site. The geotechnical report
concluded that the revised grading plans prepared by Touma Engineers are in
general conformance with the geotechnical recommendations and the City's
request. The geotechnical engineer recommended that grading on lots and
roadways be performed concurrently so that the completed lots are at a potential
final grade for individual builders, and to reduce potential problems created by
grading on individual lots. However, the applicant agreed to honor the City's request
and grade only the roads initially and then each lot individually. Such will preserve
on-site vegetation and will limit mass grading to the westem portion of the site near
Hoyt Road.
While testimony at the hearing referred to slopes as much as 75% on the site, the
City and the applicant's engineers agree that a majoñty of on-site slopes range from
15% to 25%. However, limited areas in the eastern portion of the site and larger
areas adjacent to the east/west ravine in the north portion of the site have slopes
of 40% or greater. Only those slopes associated with the ravine are classified as
"steep slope hazard" areas. The applicant must submit a temporary erosion and
sedimentation control (TESC) plan for approval by the Directo~ of Public Works prior
to any soil disturbing activities. Implementation of the TESC,plan along with best
management practices will prevent and/or minimize impacts from erosion duñng the
construction phase of the project. Post construction erosion will be minimized by
implementation of the storm water drainage plan and stabilization of disturbed
areas.
As previously found, the site is heavily vegetated with Douglas fir, other evergreen
and deciduous species, and a thick understory. As previously found, the applicant
will retain all natural vegetation on the site except that which will be removed for
grading and home construction. The applicant conducted a tree survey in
accordance with Section 22-1568 FWCC, the significant tree provisions. The tree
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13.
14.
survey identified 590 trees larger than 12 inches in diameter located outside of the
grading and clearing limits. Sections 20-186 and 22-1568 FWCC require retention
of significant trees located outside of the grading and clearing limits until building
peITTlits are issued for single family lots. After construction of the roads and utilities,
approximately 392 total trees larger than 12 inches in diameter will remain. Most of
the significant trees to be retained are located on the easterly portion of the site as
grading will not occur in that area. Trees will be lost on the west side of the parcel
which will support the roads and water detention facility. Since greater than 25% of
the significant trees located on the site will remain, no additional tree planting is
required. Construction of the plat as proposed complies with all City ordinances
requiring retention of significant trees.
Concerns were raised regarding the adequacy of the wildlife assessment as it did
not consider wetlands off site to the west and wildlife corridors. Portions of the site
will remain undisturbed and will provide habitat areas for urban wildlife. No
testimony or evidence asserts the presence of any State or federally listed,
threatened, or otherwise protected animal species on the site. The City's
Comprehensive Plan Priority Habitats and Species Map likewise does not list the
presence of any priority habitats or species on or adjacent to the site. The wildlife
study prepared by Terra Associates concludes that development of the property "will
not impact any listed species or habitats of concem"o The study indicates the
presence of Pileated woodpeckers, a species designated as a candidate for listing
on the State's priority habitat and species list. The State Department of Fish and
Wildlife has prepared management recommendations for Pileated woodpeckers,
and such will be incorporated into the manågement of the buffer tracts and the
undeveloped portion of lot 35. While abutting and nearby residents reported seeing
eagles flying into and out of the site, no nests have been located.
Concems were raised regarding existing traffic problems in the area and the safety
of the proposed southern access onto Hoyt Road. The applìcant must dedicate a
nine foot wide strip of property adjacent to Hoyt Road across the plat frontage and
increase the half street right-of-way width from 30 to 39 feet. The applicant must
also install frontage improvements to include concrete curb and gutter, planter strip,
sidewalk, and street lighting. The internal plat roads will also be public streets
constructed to City standards with concrete curbs and gutters, planter strips,
sidewalks, and streetlighting on both sides. Both the Public Works Department and
Fire Department have approved the subdivision access and roadway system. The
applicant will install sidewalks along all lot frontages within the subdivision and
along the Hoyt Road frontage. Mitigating measures in the MDNS require the
applicant to contribute its prorata share of the construction cost of projects identified
16.
17.
18.
19.
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in the City's Transportation Improvement Plan (TIP) which subdivision traffic will
impact. The applicant will contribute $10,800 for traffic improvements on 320'" St.
15.
Concerns were raised regarding safe walking conditions for elementary school
children who will walk to Green Gables Elementary via Hoyt Road. The sidewalk
constructed by the applicant will tie into the sidewalk adjacent to the High Point Park
subdivision to the north. However, said sidewalk ends south of SW 329'" St. and
students currently walk along the shoulder of Hoyt Road to SW 329'" St. where a
crosswalk and an adult crossing guard ensure a safe crossing. Mitigating measures
in the MDNS require the applicant to install a waming sign advising of the presence
of the school crossing and also to install curbing which will separate the commonly
used walkway from vehicle traffic along Hoyt Road. Such will assure safe walking
conditions for elementary students walking between Green Gables Elementary and
the subdivision. The applicant must also satisfy the City school impact fee ordinance
and pay to the Federal Way School District the sum of $2,710 per single family
housing unit.
Section 20-155(b) FWCC requires residential subdivisions to provide open space
in the amount of 15% of the gross land area of the site, or in the alternative, pay a
fee in lieu of open space for all or some portions of the area required. The open
space required for the preliminary plat calculates to 2.46 acres and the Federal Way
Parks, Recreation, and Cultural Services Department has reviewed and accepted
the applicant's proposal to pay a fee in lieu of providing on-site open space.
The City of Tacoma will provide both domestic water and fire flow to the site in
accordance with City standards, and the applicant will construct a fire hydrant within
350 feet of each lot.
lakehaven Utility District has provided a Certificate of Sewer Availability and will
serve each lot in the subdivision with sanitary sewers. As previously found, the City
of Tacoma will provide both domestic water and fire flow to the site and has
provided a Certificate of Water Availability.
Prior to obtaining a recommendation of approval of a preliminary plat to the Federal
Way City Council, the applicant must establish that the request satisfies the criteria
set forth in Section 20-126(c) FWCC. Findings on each criteria set forth therein are
hereby made as follows:
A.
The project complies with the adopted Federal Way Comprehensive Plan
which designates the parcel as Single Family High Density.
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C.
jj
20.
B.
The preliminary plat is consistent with all applicable provisions of the FWCC
including those adopted by reference from the comprehensive plan. The
applicant must comply with the provisions of Chapter 18, Environmental
Policy; Chapter 20, Subdivisions; and Chapter 22, Zoning as well as other
applicable codes and regulations.
The project will be consistent with the public health, safety, and welfare if
developed in accordance with conditions of approval, the mitigating
measures set forth in the MDNS, and applicable provisions of the FWCC.
D.
The proposed preliminary plat is consistent with the design criteria set forth
in Section 20-2 FWCC. The plat provides water, sewage, storm drainage,
and recreational areas. The plat will also promote safe and convenient travel
on streets and provide proper ingress and egress. It will also provide for the
housing needs of the community.
E.
The preliminary plat complies with the development standards set forth in
Sections 20-151 through 157 and Section 20-158 through 187.
Neighbors raised concerns regarding development of the preliminary plat both in
writing and oral testimony. However, no 'expert testimony or studies were presented
to contradict any of the applicant's or the City's experts. It appeared to the Examiner
that both City staff and the applicant had considered the concerns raised by
residents and addressed them in the plat design as much as reasonably possible.
The plat provides significant buffers between residential areas where the code
requires none, and the applicant will not engage in mass grading of lots even
though recommended by the geotechnical engineer. As stated by the Washington
Court of Appeals in Maranatha MininG v. Pierce Countv, 59 Wn. App 795 (1990):
The only expert testimony in the record shows that the mitigation
measures would prevent ground water contamination. The fish
hatchery operators advise that the, project would not affect their
operations. The Examiner's findings show that Maranatha's
proposals would mitigate the impact of dust particulates. The draft
EIS stated that proposed improvements to roads and a bridge in
the area would allow for .safe and comfortable" travel on affected
roads. The only opposing evidence was generalized complaints
from displeased residents. Community displeasure cannot be the
basis of a permit denial. 59 Wn. App 795 at 804.
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In the present case, while citizens have raised significant concerns, the applicant
and the City have responded to all such concerns and provided amenities not
required by code.
IV. CONCLUSIONS
From the foregoing findings the Hearing Examiner makes the following conclusions:
1.
The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
2.
The proposed preliminary plat of Cottages at Hoyt Road complies with all
requirements of the Federal Way City Code to include Section 20-126(c).
3.
The proposed preliminary plat makes appropriate provision for the public health,
safety, and general welfare for open spaces, drainage ways, streets, roads, alleys,
and other public ways, transit stops, potable water supplies, sanitary waste, parks
and recreation, playgrouhds, schools and school grounds, and safe walking
conditions for students who walk to and from school.
4.
The proposed preliminary plat will serve the public use and interest by providing an
attractive location for a single family residential subdivision in a growing area of the
City. Therefore, the Federal Way City Council should approve the proposed
preliminary plat subject to the following conditions:
1.
Stonnwater conveyance, water quality, and detention facilities used to control
stonnwater runoff from the site shall be located in a stonnwater tract
dedicated to the City at the time of final plat approval, unless located within
improved public rights-of-way. .
2.
All streets shall have a minimum pavement section of three inches Class B
asphalt over seven. inches of crushed surfacing to support the traffic loads.
3.
Tract E, labeled as a Native Growth Protection Easement, shall be re-Iabeled
as a Native Growth Protection Area Tract. Provisions related to the
preservation and enhancement of native vegetation in this tract shall be
included in the homeowner's association documents and submitted to the
City for review and approval prior to Final Plat approval.
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4.
Consistent with the management recommendations of the Washington State
Department of Fish and Wildlife (WDFW), during preliminary plat
construction, snag creation techniques shall be used to provide and enhance
habitat opportunities for Pileated woodpeckers within buffer Tract "En and
appropriate portions of Lot 35. Within these areas large lots and stumps
shall be left on the ground. Dead and dying trees that are not hazardous to
surrounding properties shall be left in place, and healthy replacement trees
of sufficient size to replace existing snags when they fall must be left in
place. Prior to the issuance of construction permits for the preliminary plat
improvements, the applicant must submit a management plan consistent with
the WDFW recommendations indicating the proposed measures to provide
and enhance habitat opportunities for Pileated woodpeckers within buffer
Tract "En and appropriate portions of Lot 35, to the City's Community
Development Services Department for review and approval.
5.
Clearing for the construction of the plat improvements, including roads,
stormwater improvements, and utilities, shall be generally consistent with the
clearing limits depicted on the April 27, 2001, Site Grading Plan that was
prepared by Touma Engineers as part of the preliminary plat application
materials. The clearing limits referenced above are the approximate clearing
limits necessary for road, stormwater improvements, and utility grading, and
may be modified with the approval of the Community Development Services
and Public Works Departments during final engineering review as required
to reflect changes in road, stormwater improvements, and utility designs, if
any. The remaining clearing beyond these limits necessary for development
of the residential lots shall not be performed until such time ~s approved
permits are issued for development of the residential lots.
6.
Clearing and grading activities shall be restricted during the wet season,
October 1st to April 30"'. No clearing and or grading activities shall occur
during this period unless previously approved in writing by the Public Works
Director.
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RECOMMENDATION:
The Federal Way City Council should approve the preliminary plat of Cottages at
Hoyt Road subject to the conditions contained in the conclusions above.
DATED THIS X DAY OF September, 2001.
f f)l\'-
TRANSMITTED THIS ~ DAY OF September, 2001, to the following:
APPLICANT:
Rick Williams
19904 Des Moines Memorial Drive
Seattle, WA 98148
AGENT:
Michael Davis
Davis Consulting, Inc.
27013 Pacific Highway South, PMB No. 353
Des Moines, WA 98198
OWNER:
Rick Williams
19904 Des Moines Memorial Drive
Seattle, WA 98148
Mr. and Mrs. Robert Stiers 33225 43rd Ave. SW Federal Way, WA 98023
Paul Kramer 3317542"" PI. SW Federal Way" WA 98023
Dan Catron 3223045'" PI. SW Federal Way, WA 98023
Pat Curran 3318042"" PI. SW Federal Way, WA 98023
Robert LaBounty 33313 41st Ave. SW Federal Way, WA 98023
David Tresdale 12525 Willows Road #101 Kirkland, WA 98034
Tom Touma 6632 S. 191" PI. Ste. E102 Kent, WA 98003
City of Federal Way
c/o Chris Green
P.O. Box 9718
Federal Way, WA 98063-9718
CITY COUNCIL REVIEW, ACTION
Pursuant to Section 20-127, following receipt of the final report and recommendation of
the hearing examiner, a date shall be set for a public meeting before the city council.
The city council review of the preliminary plat application shall be limited to the record of
the hearing before the hearing examiner, oral comments received during the public
rneeting (so long as those comments do not raise new issues or information not
contained in the examiner's record) and the hearing examiner's written report. These
materials shall be reviewed for compliance with decisional criteria set forth in section 20-
126. The city council may receive new evidence or information not contained in the
record of hearing before the hearing examiner, but only if that evidence or information: (i)
relates to the validity of the hearing examiner's decision at the time it was made and the
party offering the new evidence did not know and was under no duty to discover or could
not reasonably have discovered the evidence until after the hearing examiner's decision;
or (ii) the hearing examiner improperly excluded or omitted the evidence from the record.
If the city council concludes, based on a challenge to the hearing examiner
recommendation or its own review of the recommendation, that the record compiled by
the hearing examiner is incomplete or not adequate to allow the city council to make a
decision on the application, the city council may by motion remand the matter to the
hearing examiner with the direction to reopen the hearing and provide supplementary
findings and/or conclusions on the matter or matters specified in the motion.
After considering the recommendation of the hearing examiner, the city council may
adopt or reject the hearing examiner's recommendations based on the record
established at the public hearing. If, after considering the matter at a public meeting, the
city council deems a change in the hearing examiner's recommendation approving or
disapproving the preliminary plat is necessary, the city council shall adopt its own
recommendations and approve or disapprove the preliminary plat.
As part of the final review, the city council may require or approve a minor modification
to the preliminary plat if:
(c)
The change will not have the effect of increasing the residential density of the
plat;
The change will not result in the relocation of any access point to an exterior
street from the plat; ,
The change will not result in any loss of open space or buffering provided in the
plat; and
The city determines that the change will not increase any adverse impacts or
undesirable effects of the project and that the change does not significantly alter
the project.
(a)
(b)
(d)