Res 02-375RESOLUTION NO. 02-375
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE PRELIMINARY PLAT OF DEVONSHIRE,
FEDERAL WAY FILE NO. 01-102793-00 SU.
WHEREAS, the owners Mr. John Leonard and Mr. and Mrs. Harold Strand, applied to the City of Federal
Way for preliminary plat approval to subdivide certain real property known as Devonshire and consisting of 9.gq
acres into twenty-me (29) single family residential lots located south of SW 3604 Street between l0th Avenue
SW and 124 Avenue SW; and
WHERFAS, on May 8, 2002, an Environmental Mitigated Determination ofNonsigniticance (MDNS) was
issued by the Director of Federal Way's Department of Community Development Services pursuant to the State
Environmental Policy Act (SEPA), RCW 43.21C; and
WHERF~S, no comments or appeals on the MDNS were submitted to the Department of Community
Development Services; and
WHERF_AS, the Federal Way Land Use Heating Examiner on September 10, 2002, held a public hearing
concerning the Devonshire preliminary plat; and
WHEgEAS, following the conclusion of said heating, on October 16, 2002, the Federal Way Land Use
Hearing Examiner issued a written Corrected Report and Recommendation containing fmdings and conclusions,
and recommending approval of the preliminary plat of Devonshire subject to conditions set forth therein; and
WHEREAS, the Federal Way Land Use Heating Examiner on October 21, 2002, issued a revision to
condition number six of the October 16, 2002, Corrected Report and Recommendation; and
WHERFAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-127 oflhe
Federal Way Oty Code to approve, deny, or modify a preliminary plat and/or its conditions; and
R~s # 02-375, PAGE 1
File #01-102793-00-8U / Doc ID 20774
WHEREAS, on November 4, 2002, the City Council Land Use and Transportation Committee considered
the record and the Hearing Examiner recommendation on the Devonshire preliminary plat, pursuant to Chapter 20
of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, and voted to forward a
recommendation for approval of the proposed Devonshire preliminary plat to the full City Council, with no
changes to the Hearing Examiner recommendation; and
WHERF~S, on November 19, 2002, the City Council considered the record and the Hearing Examiner
recommendation on the Devonshire preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter
5 g. 17 RCW, and all other applicable City codes.
Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, IX)ES HEREBY
RESOLVE AS FOLLOWS:
Section 1. Adoption of Findings of Fact and Conclusions.
1. The findings of fact and conclusions of the Land Use Hearing Examiner's October 16, 2002,
Corrected Report and Recommendation, and October 21, 2002, revision attached hereto as Exhibits A and B Md
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 Heating 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
RES # 02-375, PAGE 2 File #01-102793-00-8U / Doe ID 20?74
from school.
3. The public use and interest will be served by the preliminary plat approval granted herein.
Section 2. Application Approval. Based upon the recommendation of the Federal Way Land Use Heating
Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, the
preliminary plat of Devonshire, Federal Way File No. 01-102793-00 SU, is hereby approved, subject lo
conditions as contained in the October 16, 2002, Corrected Report and Recommendation of the Federal Way
Land Use Heating Examiner and October 21, 2002, Heating Examiner revision (Exhibits A and B).
Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat 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 Heating
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 heallh,
safety, and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinancos,
rules, and regulations, and forward such recommendation to the City Council for further action.
Section 4. Severabili _ty. 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 r~ot
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.
RES #07_'17 ~, PAGE 3 File #01-102793-00-SU / Doc ID 20'/74
OF
RESOLVED BY ~ CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
CITY OF FEDERAL WAY
, JEANNE BURBIDOE ~
A~.~..T:
CITY CLEERO, N. CHRI~TI~ ~'REt~N, CMC
APPROVED As To FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
11112lo2
11/19/02
02-375
RES # 02-37~ PAGE 4 File #01-102793-00-SU/Doc ID 20'H4
Page- 1
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAIvlINER
IN THE MATTER OF:
PRELIMINARY PLAT OF DEVONSHIRE
FWHE# 02-04
01-102793 SU
I. SUMMARY OF APPLICATION
The applicant is requesting preliminary plat approval to allow .construction of a 29 lot
residential lot cluster subdivision as provided for under Federal Way City Code (FWCC)
Chapter 20, "Subdivisions", and requiring approval pursuant to FWCC Section 20-110.
11. PROCEDURAL INFORIM^TION
Hearing Date:
Decision Date:
September 10, 2002
October 16, 2002
At the hearing the following presented testimony and evidence:
1. Jim Harris, Senior Planner, City of Federal Way
2. Sarady Long, Federal Way Traffic Analyst
Tom Barghausen, Representative for Applicant, 18215 72nd Ave. S., Kent,
WA 98032
At the heating the following exhibits were admitted as part of the official record of these
proceedings:
1. Staff Report with all attachments
2. City's Power Point Presentation
3' Tree Retention Plan of Devonshire
II
P~ge - 2
4. Email from Tom Barghausen to Jim Harris dated September 5, 2002
I11. FINDINGS
The Hearing Examiner has heard testimony, admitted documentary evidence into the
record, and r~ken this mat~er under advisement.
The Community Development Staff Report sets forth general findings, applicable
policies and provisions in this mal~er and is hereby marked as Exhibit "1" and
incorpora~d in its entirety by this reference.
Ali appropriate notices were delivered in accordance with the requirements of the
Federal Way City Code (FWCC).
The applicant has a possessory ownership interest in a rectangular, unimproved,
9.84 acre parcel of property located southeast of the present ~erminus of SW
360th Sc. and south of the present termini of 11 th Ave. SW and 12th Ave. SW
within the City of Federal Way. The applicant requests preliminary plat approval to
allow a cluster subdivision of the site into 29 single family residential ior~. Each lot
will have a minimum of 5,000 square feet, and the plat will have an average lot size
of 6,127 square feet.
The p~eliminary plat map shows that the applicant will extend SW 360th SE across
the north property line of the parcel and will also connec~ 1 l~h Ave. SW and 12th
Ave. SW to SW 360th. The plat map also shows access provided through the
Silverwood plat by extending SW 361 st Place from the &asr property line to a
connection with I l th Ave. SW which will extend into the plat from the north. The
map shows large portions of the wes~ and sou~hwes~ portions of the si~e preserved in
open space to protect wedands and wetland buffers. The approved Siiverwood
subdNislon abuts the east properS' line and Silverwood open space abuts the south
proper~ line. The Lorigon Manor plat abuts the north property line and the East
Side Addition to Tacoma subdivision abuts the west property line.
The site and abu~ng parcels are located within the Single Family High Density
Designation of the Federal Way Comprehensive Plan and the Residential Single
Family (RS) 9.6 zone classification of the Federal Way City Code (FWCC). The
RS-9.6 classification requires a minimum lot size of 9~600 square feet for a sln~le
family residential dwelling. However, as previously found, the applicant proposes a
cluster development, and Section 20. I 54(b)(2) FWCC allows a minimum lot size
reduction to one-half the size of the underlying zoning requirement, bur no smaller
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10.
than 5,000 square feet. As previously found, the applicant proposes a minimum
lot size of 5,000 square feet in compliance with said section.
The topography of the parcel rises gradually from north to south, but does not
exhibit steep slopes. The contour lines reflect a minimum elevation of 390 feet and
a maximum elevation of 408 feet. The alderwood gravel sandy loam soils on the
site have slow runoff, slight erosion hazard, and can support urban development.
1'he applicant proposes to perform all clearing and grading at the same time, since
due to the small lot sizes, they must remove all trees. Clearing and grading the site
at one dine makes erosion control much more effective and allows balancing of the
site topography, thus eliminating the need for importing and exporting material.
Such also allows the installation of plat infrastructure without trucks running over
sidewalks, curbs, and gutzers.
The heavily vegetated site consis~ primarily of second growth forest with a mixture
of conifer and broad leaf trees and a dense underscory of native shrubs.
Predominant trees include Douglas fir, red alder, and big leaf maple. The applicant
submitted a significant tree retention plan which shows clearing of approximately
46% of the site in conjunction with plat infrastructure. Such will result in removal
of approximately 46% of the significant trees on site with the balance of 54%
remaining. The applicant must submit and gain approval of a tree clearing plan and
landscaping plan which will meet the requirements of Section 20-1 $8 FWCC.
As shown on the preliminary plat map the site contains six on-site wetlands, three of
which are regulated. The applicant proposes no temporary or permanent intrusion
into the three regulated wedands or their buffers which will remain non-disturbed.
Plat development will require filling of two, small, non-regulated wetlands, but the
remaining unregulated wedands located within the usable open space area may
remain. Conditions of approval require the fencing and signing of the perimeter of
the wetlands and buffers.
The applicant commissioned Chad Armour LLC to provide a wildlife evaluation of
the site. Mr. Armour found that the site does not meet the definition of a fish and
wildlife habitat conservation area, nor does it suppor~ endangered, threatened, or
sensitive plant or wildlife species. Development will not likely create a significant
adverse impact to the foraging habitat of the pileated woodpecker. However, the
applicant will create three new snags on the site to offset any potential impact.
Approximately 3.36 acres (34%) will remain as open space and will continue to
provide some habitat opportunity for resident animals. A SEP,~ mitigation measure
in the MDHS requires that the applicant maximize the remaining habitat
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11.
12.
13.
14.
opportunities within the Tract A active/usable open space area.
The property is situated in the southern portion of the City which is developed with
single family dwellings on lot slzes ranging between 9,000 and 30,000 square feel
However, the Silverwood plat abutting the east property line has an average lot size
of 5,500 square feet. The 363rd street open space park owned by the City abuts
the SW comer of the parcel.
The cluster subdivision allows lot sizes of 5,000 square feet, but does. not allow the
density to exceed the number of lots which would be permitted in a conventional
subdivision. The applicant has shown and the City agrees that by subtracting ! 5% of
the site for open space and 20% for streets, the applicant could recognize a
maximum of 29 lots, the number presently proposed. The preliminary plat reflects
that lots abutting the north exterior property line meet the requirements of Section
20.154(a)(23) FWCC which requires a lot size equal to or greater than 90% of the
minimum lot size allowed in the RS-9.6 classification.
Section 20.154(c) FWCC sets forth the approval criteria for a single family cluster
plaL The plat complies with all such criteria as all homes will meet minimum
architec-mrai design standards regarding garage facades and front entry design. The
applicant has submitted two prototype sample house elevations and stte plans that
generally meet the requirements of Section 22-1640 FWCC. The City initially
raised substantial conCerns regarding the interpretation of Section 22-1640 FWCC
which requires that each dwelling unit be owner-occupied, as the applicant proposed
a lease-purchase option agreement for potential homeowners. After reviewing the
applicant's information, the City agreed that the applicant's lease to buy program as
described in the applicant's September 17, 2002, letter to the Examiner leads to
home ownership (owner-occupancy) consistent with the FWCC. The City
determined that the owner-occupancy requirement contained within the Community
Design Guidelines chapter of the zoning code regulates the general appearance of
the plat and ensures its consistency in design and layout with surrounding residential
plats that provide typical, owner-occupancy, dwelling units.
Section 20.154(b) FWCC requires a cluster subdivision to provide a minimum of
15% usable on-site open space, except that 5% may constitute a buffer. The site
plan shows lract A in the western portion of the site designated for open
space/park provides 84,506 square feet of usable open space which exceeds the
minimum requirement of 42,866 square feet. lhe usable portion of Tract A has
an average slope of less than 1% and the applicant has proposed ro develop a
portion of said tract with an irrigated open lawn play area and children's tot lot. The
EXHIBIT,
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Page - 5
15.
16.
17.
balance of the :3.3 acre Tract A will remain in its current, vegetated condition as
native open space.
The applicant will provide access to the site by extending 11 th Ave. SW and 12th
Ave. SW to the south and constructing SW 360th Sr~ from 12th Ave. SW to I 0th
Ave. SW. The applicant will also extend SW 361 st Place through the plat to
connect with I I th Ave. SW. The applicant commissioned the Transpo Group to
provide a Traffic Impact Analysis (TIA) for the Devonshire plaL The TIA
anticipates that the plat will generate £78 average daily trips, 29 of which will occur
during the p.m. peak hour. To accommodate plat traffic the applicant will improve
SW 360th St across the plat frontage to minor collector half-street standards.
These standards include the dedication of 30 feet of new right-of-way and
construction of 20 feet of pavement, vertical curb, and gutzer, four foot planter
strip, street trees, street lights, and six foot wide sidewalks. The applicant will
improve internal plat streets as local streets which will include a 52 foot right-of-way
and 28 foot pavement width with vertical curb and gutter, four foot planter snips,
and five foot wide sidewalks on both sides. Internal plat roads will also have street
lights and street trees. The applicant also met with residents of the area and agreed
to install two speed bumps on 1 I th Ave. SW and two speed bumps on 12th Ave.
SW to slow traffic entering and leaving Devonshire. The applicant will also pay
$3,900 as its prorata share of tranSportation improvement proiects listed in the
City's 2001-2006 TIP.
To mitigate the impact on the Federal Way School District of school aged children
residing in the plat, the applicant will comply with the City ordinance and make a
payment of $2,616 per single family housing unit at the time of building permit
issuance. The school impact fees are subject to annual adjustment and update and
may exceed the present amount. School children will walk to llahee Junior High
School and the provision of sidewalks will assure safe walking conditionS. Elementary
and senior high students will receive bus transportation to and from school.
The Lakehaven Utility District will provide domestic water, fire flow, and sanitary
sewers to the site. The applicant will construct the storm drainage facilities to meet
the standards of ! 998 King County Surface Water Design Nlanual and the City's
amendments thereto. The preliminary design shows water collected and conveyed
through a series of. pipes and catch basins to a storm drainage water quality
treatment facility located in the northwest portion of the site adjacent to 360th St.
Prior to receiving final approval, the applicant must either analyze the downstream
capacity to the SW 356th St. regional storm water facility to verify adequate
capacity and pay a prorata share for off-site detention; or design an on-site storm
EXHIBIT
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water infiltration or detention facility in accordance with City standards.
18.
Prior to obtaining preliminary plat approval the applicant must establish that the
request satisfies the criterla set forth in Section 20-126(c) FWCC. Findings on each
criteria are hereby made as follows:
As previously found, the project Is consistent with the Federal Way
Comprehensive Plan which designates the property as Single Family-High
Density.
The project is consistent with all applicable provisions of the FWCC including
those adopted by reference from the comprehensive plan to include Chapter
18, environmental policy; Chapter 20, subdivisions; and Chapter 22,
zoning. Future development of the residential subdivision must also comply
with applicable development codes and regulations. Conditions of approval
will ensure compliance with all provisions of the FWCC.
The project is consistent with the public health, safety, and welfare assuming
compliance with conditions of approval.
Do
The preliminary plat promotes the purposes identified in FWCC Section 20-
2 as well as the standards and regulations set forth therein.
The preliminary plat complies with the development standards lis-ted in
Sections 20-151 through 157, and 20-158 through 187 FWCC.
IV. CONCLUSIONS
From the foregoing findings the Hearing Examiner makes the following conclusions:
The Hearing Examiner has jurisdiction w consider and decide the issues presented by
this request.
The proposed preliminary plat of Devonshire is consistent with the goals, policies,
and objectives of the Federal Way Comprehensive Plan and satisfies all requirements
-of the RS-9.6 zone classification as amended by the cluster subdivision alternative of
the FWCC.
The proposed preliminary plat makes appropriate provision for the public health,
safety, and welfare for open spaces, drainage ways, s~reets, roads, other public ways,
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water supplies, sanitary waste, fire protection, parks, playgrounds, schools, school
grounds, and safe walking conditions. The proposed preliminary plat will serve the
public use and interest by providing an attractive location for a single family
residential subdivision in the southern portion of the City consistent with existing
development. Therefore, the proposed preliminary plat of Devonshire should be
approved subject to the following conditions:
1. Final plat approval si)ail require fullcompliance with drainage provisions set forth in
the FWCC. Compliance may result in reducing the number and/or location of lots
as shown on the preliminary approved plat. Final storm drainage engineering plans
shall comply with th~ following:
A. 'Drainage plans ~nd analysis shall comply-with the 1998 KCSWDM and
amendments adopted by the City of Federal Way. City of Federal Way
approval of the: drainage and roadway plans is required prior to any
construction.
On-site smrmwater quality treatment shall be provided using the basic water
quality menu options of the 1998 KCSWDPI as amended by the City of
Federal Way.
C. The storm water runoff control (detention) for Devonshire must meet and
implement one of the following akematives:
1)
Analyze the downstream drainage system to the SW 3S6th Street
regional storrnwater facility to verify adequate capacity; and design
and reconstruct any pordons of the conveyance system necessary to
accommodate the increase in runoff. In addition, the applicant will
be required to pay a pro-rata share for off-site detention capacity to
be determined by the City. The final plat shall not be recorded and
construction of the offsite drainage conveyance system shall not
begin until the City's proposed SW 356th Regional stormwater
facility is operational; or
2)
An on-site stormwater infiltration or detention facility shall be
designed and constructed in accordance with Chapter 5 of the
1998 KCSWDM. Adequate capacity of the downstream
conveyance system from Devonshire Plat shall be verified and
improved as necessary. Additional excavation of the closed
depression on City-owned property will be required to compensate
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Page
for the increased runoff volume from Devonshire, with
accompanying calculations required.
Final review of the stormwater quality and detention will occur in conjunction with
the full drainage review.
The applicant shall be required to construct all storm drainage improvements
necessary to mitigate ali identified conveyance problems, whether existing or
resulting from the plat's development, as identified during engineering plan review,
as required by the Public Works Director. Engineering approval shall not be granted
if it is determined that proposed mtflgaflon Is not adequate to address the Impacts
of the proJecL
The final plat drawing shall establish Tract A in an open space tract to be owned in
common and maintained by property owners of the proposed subdivision. The final
plat note shall include provisions, prohibiting removal or disturbance of vegetation
and landscaping within the regulated wetlands and buffers in Tract A, except as
necessary for maintenance or replacement of existing plantings and as approved by
the City. Additional vegetation may be located in the open space tract to meet the
FIDNS condition as approved by the City. A note shall be included on the final
plat map that the open space tracts shall not be developed with any buildings, and
may not be used for financial gain.
Prior to issuance of construction permits, a final 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 landscaping in Tract A;
b. Street trees in right-of-way landscape planter strips;
c. Tree preservation plan; and
do
Visual screening of the storm drainage Tract C from adjacent right-of-way
with landscaping and/or fencing. Cyclone fencing, if used, shall be coated
black or green, and shall be screened by vegetation.
The proposed subdivision shall comply with the 1993 King Counw Road
Standards (KCRS) as amended by the City of Federal Way for this proiect,
including the following requirements:
PAGE
Page - 9
SW 360th Street shall be improved along the frontage of the project as a
Minor Collector, half-street improvement. Improvements will include
dedication of 30 feet of new right-of-way to combine with the existing 30 feet
of right-of-way for a total of 60 feet. SW 360th Street shall be improved with
a mintmum of 20 feet of pavement, vertical curb and gutter, four-foot planter
strip, street trees, streedights, and six-foot wide sidewalk (curb, planter and
sidewalk only on south side.
Bo
Internal plat streets shall be improved as local streets, which include 52-foot
wide right-of-way and 28-foot pavement width. Vertical curb and 'gutter, four-
foot planter strips, and five-foot wide sidewalks shall be provided on both sides
of the street_ Streetlights and street trees shall also be provided.
Tracts B shall be improved to the private access tract standard and shall be
limited to serving a maximum of four lots. lhe lots that abut these tracts for
access shall have undivided ownership of the tract and be responsible for its
maintenance. The maintenance agreement for the private access tracts shall be
included on the plat and the language approved by the City. Improvements
shall include a 258-foot tract width and 24-foot pavement width with vertical
curb, gutter, and five-foot wide sidewalks on both sides of the street. Iract
length shall be limited to a maximum of 150 feet from face of curb to end of
the tract.
Do
Streets shall have a minimum pavement section of three inches Class B asphalt
over seven inches of crushed surfacing on all internal streets and three inches
Class B asphalt over eight inches of crushed surfacing on SW 360th Street to
support the traffic loads.
Clearing for the construction of the plat improvements (roads, pond and utilities
and 12 lots) shall be generally consistent with the clearing limits depicted on the
Preliminary Road Grading, Storm Drainage, and Utility Plan, Sheet 4 of 6, that
was prepared by the applicant for the preliminary plat process. The clearing
limits referenced above are the approximate clearing limits necessary for road,
utility, pond, and necessary lot grading, and may be modified with the approval
of the Community Development and Public Works Departments during final
engineering plan review as required to reflect changes in road and utility designs,
if any.
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As required by the Public Works Director, prior to final plat approval, the
applicant shall install two speed humps (four total humps) and signage
constructed to City standards on I I th Avenue SW and 12th Avenue SW
between SW 360th Street and SW 356th Street_
As required by the City, in order to mitigate potential safe~y impact& due te the
proximi~ of the proposed usable open space area (Tract A) near a curve in the
roadway, street signage should be implemented regarding notification of the park
area. A plan for s~reet si~nage shall be approved by the City, and signage
implemented prior to final plat approval.
DECISION:
It is hereby recommended to the Federal Way City Council that the proposed preliminaw
plat of Devonshire be approved subject to the conditions contained in the conclusions
above.
DATED THIS 16th DAY OF'October, 2002.
H~a fi~-g'+_xam~ner
TRANSMITTED THIS 16th DAY OF October, 2002, to the following:
APPLICANT:
Rudy Spangter
2687 SW 172nd
Seattle, WA 98166
AGENT:
Barghausen Consulting Engineers, Inc.
G. Wayne Potter
18215 72nd Avenue South
Kent, WA 98032
ENGINEE~
Barghausen Consulting Engineers, Inc.
Robert Armstrong, PE
18215 72nd Avenue South
Kent, WA 98032
City of Federal Way, c/o Chris Green, P.O. Box 9718, Federal Way, WA 98063-9718
EXHIBIT R
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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 headng before the hearing examiner, oral comments received during the public
meeting (so long as those comments do not raise new issues or information not
contained in the examiner's record) and the hearing examiner's wdtten report. These
materials shall be reviewed for compliance with decisional cdteda set forth in section 20-
126. The city council may receive new evidence or information not contained in the
record of headng 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 headng 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 headng 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 headng 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:.
(a)
(b)
(c)
(d)
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.
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'C~~OF~_________.
~ &tS30 1ST WAY SOUTH
F id:
I
D ,ATE:
MEMORANDUM
PARTIES OF RECORD
STEPHEN K. CAUSSEAUX, JR., Hearing Examiner
PRELIMINARY PLAT OF DEVONSHIRE
October 21, 2002
I
Tl~e Examiner issued a corrected Reporc and Decision dated October 16, 2002.
ObndJdon No. 6 within said decision was'an oversight and should be revised to read
as follows:
SI~C/ca
Due to the topography of the project, the applicant may condu ' '
mass clearing and grading of the subject site.
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