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Res 03-396RESOLUTION NO. 03-396 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS, THE QUADRANT RESIDENTIAL SOUTH PRELIMINARY PLAT, FEDERAL WAY FILE NO. 98-104313-00 SU. WHEREAS, the owner Quadrant Corporation, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Quadrant Residential South, consisting of 39.64 acres, into ninety (90) single family residential lots in a cluster configuration located north of SR 18 and at the south east quadrant of South 344th Street and 38m Avenue South; and WHEREAS, on June 18, 2003, an Environmental Determination of Nonsignificance (MDNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEPA) and Chapter 43.21C RCW; and WHEREAS, no comments or appeals responsive to the MDNS were submitted to the Department of Community Development Services; and WHEREAS, on August 19, 2003, the Federal Way Land Use Hearing Examiner held a public hearing concerning the Quadrant Residential South preliminary plat; and WHEREAS, following the conclusion of said hearing, the Federal Way Land Use Hearing Examiner issued a written Report and Recommendation, dated September 4, 2003, containing his findings and conclusions, and recommended approval of the preliminary plat of Quadrant Residential South subject to the conditions set forth therein; and WHEREAS, on September 8, 2003, the Federal Way Land Use Hearing Examiner amended the written Report and Recommendation to remove irrelevant findings; and WHEREAS, pursuant to Section 20-127 of the Federal Way City Code, the Federal Way City Council has jurisdiction authority and to approve, deny, or modify a preliminary plat and/or its conditions;and 0RI$1NAL Res. # 03-396 . Page 1 Doc ID #24620 WHEREAS, pursuant to Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, on October 6, 2003, the City Council Land Use and Transportation Committee considered the record and the September 8, 2003 recommendation by the Hearing Examiner regarding the Quadrant Residential South preliminary plat, and voted to forward a recommendation for approval of the proposed Quadrant Residential South preliminary plat, with no changes to the Hearing Examiner recommendation, to the full City Council; and WHEREAS, pursuant to Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, on October 21, 2003, the City Council considered the record and the Hearing Examiner's September 8, 2003 recommendation on the Quadrant Residential South preliminary plat. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Adoption of Findings and Conclusions. 1. The findings and conclusions contained in the Land Use Hearing Examiner's September 8, 2003, Amended Report and 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/or 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 the recommendation and conditions of approval as established in the Hearing Examiner's September 8, 2003, Amended Report and Recommendation, the proposed subdivision makes appropriate provisions for the public's health, safety, and general welfare; for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, playgrounds, schools and school 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. o herein· aes.# 03-396 The public use and interest will be served by the preliminary plat approval granted · Page 2 Doc ID t/24620 Section 2. Application Approval. Based upon the September 8, 2003, Amended Report and Recommendation of the Federal Way Land Use Hearing Examiner and the findings and conclusions contained therein as adopted by the City Council immediately above, the preliminary plat of Quadrant Residential South, Federal Way File No. 98-104313-00-SU, is hereby approved, subject to the conditions contained in the September 8, 2003, Amended Report and Recommendation of the Federal Way Land Use Hearing Examiner (Exhibit A). 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's 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 that 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. Upon such review, the Hearing Examiner shall conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public's health, safety, and general welfare, and other factors as required by Chapter 58.17 RCW and applicable City ordinances, 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 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. Res, # 03-396 . Page 3 Doc ID/124620 OF Section 6. Effective Date. This Resolution shall be effective !mmediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS ? 1 DAY October ., 2003. CITY CLERK, N. CHRISTINE OREEN, CMC ~'- CITY OF FEDERAL WAY /OR, JEANNE BU~BIDGE ~/t APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO: 10/13/03 10/21/03 03-396 Res. # 03--39~ . Page 4 Doc ID//24620 CITY OF~ PO Box 9718 (253) 661-4000 Federal Way, WA 98063-9718 Quadrant Corporation Skip Holman P.O. Box 130 Bellevue, WA 98009 September 4 8, 2003 RE: QUADRANT RESIDENTIAL SOUTH, FWHE#03-06 FEDERAL WAY FILE NO. 98-104313-00-SU Dear Applicant: Enclosed please find the Amended Report and Decision of the City of Federal Way Hearing Examiner relating to the above-entitled case. HEARING EXAMINER SKC/ca CC: All parties of record City of Federal Way EXHIBIT PAGE I OF I~_ Page - 2 II ~ !: ~, '~ ,~ ~117 ic : ', w L'! VL~ ~ ~uU5 CITY OF FEDERAL WAY ~ ' OFFICE OF THE H~RING E~INER IN THE MATTER OF: PRELIMINARY PLAT OF QUADRANT RESIDENTIAL SOUTH ) ) ) ) ) ,) FWHE#03-06 98-104313-O0-S U I. SUMMARY OF APPLICATION The applicant is requesting preliminary plat approval of a 90 lot residential lot cluster subdivision as provided for under Federal Way (FWCC) Chapter 20, "Subdivisions' and requiring approval pursuant to FWCC Section 20-110. II. PROCEDURAL INFORMATION Hearing Date: Decision Date: Amended Date: August 19, 2003 September 4, 2003 September 8, 2003 At the hearing the following presented testimony and evidence: 1. Deb Barker, Associate Planner, City of Federal Way 2. Skip Holman, Quadrant Corporation, P.O. Box 130, Bellevue, WA 98004 3. Phil Kitzes, ESM, 720 S. 348t~ Street, Federal Way, WA 98003 4. Charles Gibson, 33461 - 33'~ Place South, Auburn, WA 98001 5. Monty Bakken, ESM, 720 S. 348th Street, Federal Way, WA 98003 6. Rick Perez, Traffic Engineer 7. Simore Perry At the hearing the following exhibits were admitted as part of the official record of these EXHIBIT PAGE_ ,..__OF Page - 3 proceedings: Staff Report with all attachments Power Point Documents - Preliminary Plat Residential South Cluster Subdivision North Lake Improvement Club Statement dated August 19, 2003 III. FINDINGS The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. 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. o 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, unimproved, 40 acre parcel of property abutting the north side of State Route (SR) 18 and extending to the south side of the intersection of S. 334"' St. and 38th Ave. S. in the southeastern portion of the City of Federal Way. The applicant requests preliminary plat approval to allow development of a clustered, 90 lot, single family residential subdivision with a minimum lot size of 4,800 square feet and an average lot size of 5,755 square feet. The preliminary plat map (Exhibit A) shows access via an intemal road extending south from the 334"'/38"' intersection at a future round-about. A second access will connect with the internal plat roads of the North Lake Ridge plat which abuts the eastern portion of the north property line. The plat map shows significant wetland preservation along the west, southwest, central, and northeastern portions of the site. Storm drainage facilities are located adjacent to SR-18 and at the southwest corner of the developable portion of the site. Trails circulate around and adjacent to the wetlands, and five usable, open space tracts are located throughout the site. Abutting uses include the East Campus Corporate Park, the Slovick Gospel Church, and single family residential dwellings along the west property line. Single family residential dwellings, vacant property, and the proposed North EXHIBIT A Page - 4 o 10. Lake Ridge plat abut the nodh and east property lines. As previously found, SR- 18 abuts the southeast property line. The site is located within the RS-9.6 zone classification of the Federal Way City Code (FWCC) which requires a minimum lot size of 9,600 square feet. Parcels to the north, south, and east are located within the R-4 zone classification, while parcels to the west are located in the OP, RS-9.6, and R-4 zone classifications. The applicant submitted a completed application for preliminary plat approval on December 17, 1998, and pursuant to RCW 58.17.033 vested the application to the subdivision code, comprehensive plan, and development regulations in effect on said date. The applicant proposes to cluster development with 90 lots ranging in size from 4,800 square feet to 9,524 square feet, and an average lot size of 5,755 square feet. Section 20-154 FWCC authorizes reduction of lot sizes in cluster subdivision to 50% of the minimum authorized by the underlying zone. The RS-9.6 classification authorizes a minimum 9,600 square foot lot size, and therefore the applicant's proposed minimum 4,800 square foot lot size satisfies the cluster lot size requirements. FWCC 20-153 prohibits the number of lots in a cluster subdivision from exceeding the number of lots which is RS-9.6 classification would permit in a conventional subdivision. Subtracting 15% of the site for open space and 20% for streets from the total plat area and dividing the balance of the parcel by the minimum lot size shows that the applicant could obtain 116 lots as opposed to the 90 lots requested. The project therefore satisfies the density and lot size requirements for a clustered subdivision. The topography rises gradually from south to north, and the site contains no steep slopes or other geographically hazardous areas. The site is heavily wooded with a mixture of conifer and broad leaf trees, and according to the forestry report, contains approximately 2,208 significant trees. The applicant will retain large numbers of such trees within the dedicated open space and recreation areas as well as in the wetlands and wetland buffers. The applicant anticipates removal of 1,325 significant trees within the developed portion of the site. The applicant must comply with the provisions of FWCC 22-1568 which requires replacement of significant trees upon removal of more than 75% of such trees. The applicant and the Washington Department of Fish and Wildlife (DFW) have agreed upon a Bald Eagle Nest Site Management (BEMP) for a nest located approximately ten feet from the western boundary of the site. The plan requires EXHIBIT, PAGE Page - 5 a 400 foot wide, no activity buffer, seasonal construction limitations, and fencing and signage between trails and wetland buffers adjacent to the nest. The BEMP has approved the location of a pedestrian trail within the outer portion of the "No Disturbance Area". While neighbors report observing hawks, pileated woodpeckers, and other animals on the site, DFW has no evidence that any threatened or protected species reside on or near the site. The plat will mitigate impacts to wildlife through the preservation of 51% (20.52 acres) of the site as open space. Areas within the natural open space areas and wetlands will continue to provide habitat to include tree snags for pileated woodpeckers. 11. FWCC 20-154(e) requires that a cluster subdivision provide all of its required 15% open space on site, and that the City Director of Parks, Recreation, and Cultural Services must determine such space usable. The applicant must provide 5.95 acres of usable open space. The Director has approved 4.27 acres of usable open space contained within Tracts C, D, E, F, and M, and an additional .13 acres of open space in the nature of trails. The trails will measure four feet in width with one foot shoulders on each side for a total of six feet. 12. As previously'found, a plat road extending south from a new round-about at the intersection of S. 334th St. and 38th Ave. S. will provide primary access into the site, and a secondary access will extend north into the North Lake Ridge plat. The applicant will construct all roads to City standards and will include five foot wide sidewalks on both sides. Tract K, extending SE from a cul-de-sac in the SE comer of the plat, will provide access to three lots and will be improved to City private road standards. Tract K will also include a five foot wide sidewalk and four foot wide planter strip on the southern side. 13. Based upon the small lot sizes, reduced construction costs, reduction in truck traffic, and better erosion control, the City has approved the applicant's request to mass clear and grade the site. However, because the mass clearing and grading will require the removal of 707 significant trees, in advance of residential home construction the applicant must plant 177 replacement trees on individual building lots prior to final inspection of the individual lot in conformance with FWCC 22-1568(5). 14. To meet the landscape buffer requirements the applicant will provide a minimum ten foot wide, perimeter, landscape buffer between lots 30 and 31 and SR-18, and a ten foot wide landscape buffer separating the storm drainage tract abutting SR-18 from lots 18-30. The applicant will maintain Tract H, a. 15 acres parcel adjacent to the east side of the round-about, as a native growth protection EXHIBIT PAGE Page - 6 tract to shield vehicle lights. 15. As previously found, the applicant will construct internal plat roads to City standards. The major circulation road extending from the round-about to the southeast and then north to the North Lake Ridge plat roads will meet minor collector standards which include a 60 foot wide, right-of-way, 36 foot wide pavement width, curb and gutter, four foot wide planter strip, five foot wide sidewalks on both sides, street lights, and street trees. Road C, which will loop from one portion of the collector to another, will meet local street standards to include a 52 foot wide right-of-way, 28 foot wide pavement width, vertical curb and gutter, four foot wide plant strips, five foot wide sidewalks on both sides, street lights, and street trees. Road D, a cul-de-sac located in the southeast corner of the site, will meet cul-de-sac standards to include a 50 foot radius, vertical curb and gutter, four feet wide planter strips, five foot wide road, will include a 36 foot tract width, and 20 foot pavement width; and a vertical curb and gutter and five foot wide sidewalk on the south side. The applicant will also provide off-site traffic mitigation in accordance with the SEPA MDNS which requires a payment to the City for traffic improvement projects in the amount of $53,600 and to the Washington State Department of Transportation in the amount of $11,376. 16. The Lakehaven Utility District will provide both domestic water and fire flow as well as sanitary sewer service to the site. The district will extend a sanitary sewer line currently in S. 336t~ St. which stubs against the west property line, eastward into the plat. 17. School aged children residing in the plat will attend Lake Dolloff Elementary School, Kilo Junior High, and Thomas Jefferson High Schools. All students will receive bus transportation to and from school as said schools are located more than one mile from the site. The buses will loop through the plat and the adjacent North Lake Ridge plat. Impacts on the school district will be mitigated by compliance with the City's school impact fee ordinance which presently requires a payment of $3,894 per single family housing unit. 18. The storm drainage facilities must meet the requirements of the 1998 King County Surfacewater Design Manual as amended by the City. Existing surface water runoff flows into three separate basins, to include 23 acres flowing to the west and two eastern basins flowing to the south. The applicant has provided separate storm drainage facilities to accommodate each basin. The western storm water detention plant will discharge water via a level flow spreader, and said water will EXHIBIT_L __ Page - 7 19. 20. subsequently sheetflow into Wetland C which in turn drains westerly into Hylebos Creek. Water from the eastern detention pond servicing the two eastern basins will discharge into an existing culvert which flows under SR-18 and then south and east to Mill Creek. The water flows will provide hydrology to off-site wetlands, and the City has determined that the project will result in no changes to the wetland hydroperiOd. Prior to recommending approval of a preliminary plat to the City Council, the Examiner must find that the proposal satisfies the decisional criteria set forth in FWCC 20-126(c). Findings on each criteria are hereby made as follows: The project is consistent with the applicable 1995 Federal Way Comprehensive Plan which designates the property as single family-high density. The cluster subdivision with its proposed lot sizes is consistent with the allowable density and comprehensive plan policies. The project is consistent with all applicable provisions of Chapter 20 FWCC and those adopted by reference from the comprehensive plan which include Chapter 18- Environmental Policy, Chapter 22-Zoning, as well as other applicable codes and regulations. As conditioned hereinafter, the preliminary plat will comply with all provisions of the FWCC. The project is consistent with the public health, safety, and welfare as the applicant will provide urban level facilities and services for the future residents. The project is consistent with the design criteria set forth in FWCC 20-2 as set forth hereinabove as the project makes provision for the housing needs of the community, the protection of environmentally sensitive areas, and the preservation of more than half of the site for permanent open space. The project satisfies the development standards set forth in FWCC 20- 151-157 and 20-158-187. The North Lake Improvement Club appeared at the hearing through Charles I. Gibson, president, and expressed concerns regarding an increased hazard to pedestrians along the roads connecting Weyerhaeuser Way South and Military Road, and nutrients and other contaminants in storm water runoff flowing into North EXHIBIT............._ PAGE___ __OF Page - 8 Lake. The club also expressed concerns that changes to the drainage patterns and detention of precipitation flows to the lake (either adding or subtracting) may adversely affect water elevation. While the project will create more traffic along the roads in question, these roads are already impacted by significant traffic volumes and the applicant cannot be made responsible for correcting a community-wide safety issue. The environmental official did not impose requirements for off-site safety improvements other than for proportionate share payments for City transportation improvement projects. Furthermore, a proper nexus does not exist to support a condition requiring sidewalks. 21. Compliance with conditions of approval and with the FWCC should protect North Lake and surrounding lots from adverse impacts associated with storm water and either increases or decreases of flow into the lake. The storm drainage plan must ensure continued hydrology for the wetlands and will mimic existing runoff. To ensure the club that the storm drainage system will not affect either water quality or quantity, the Examiner has added a condition of approval which requires the City and the applicant to provide a copy of the final storm drainage plans to the North Lake Improvement Club and a two week period in which to provide comments prior to the City's approval. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. The applicant has shown that the request for preliminary plat approval of the Quadrant Residential South clustered subdivision is consistent with all criteria set forth in FWCC 20-126(c) and 22-445 subject to compliance with conditions contained hereinafter. The applicant has shown that the request for subdivision approval satisfies all criteria set forth in RCW 58.17.110. The proposed preliminary plat complies with all applicable provisions of the Federal Way Comprehensive Plan, the design criteria listed in FWCC 20-2, and the development standards listed in FWCC 20-151-157, and 20-178-20-187. 5. The proposed preliminary plat will serve the public use and interest by providing an EXHIBIT, A' Page - 9 attractive location for a single family residential subdivision while at the same time protecting significant critical areas and providing substantial open space, and therefore should be approved subject to the following conditions: Final plat approval shall require full compliance 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. Drainage plans and 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. The runoff control facilities within Residential South shall be located within separate tracts (Tract A and B) that are landscaped to screen the facility from the right-of-way and adjacent residential uses and to allow for appropriate maintenance of the facility, and shall be dedicated to the City of Federal Way. Tracts C, D, E, F, G, H, I, J, L, and M shall be owned, landscaped, and maintained by the homeowners association. The homeowners association shall also maintain screening vegetation in Tracts A and B. A landscape plan for Tracts C, D, E, F, G, I, J, L, and M shall be submitted to the City for review and approval as part of the plan. Stormwater quality treatment shall be provided using the basic water quality menu options of the 1998 KCSWDM, as amended by the City of Federal Way. Stormwater from Tract A shall be directed to the buffer of Wetland A- C via a level flow spreader. The applicant shall be required to construct all storm drainage improvements necessary to mitigate all identified conveyance problems, whether existing or resulting from the plat's development, as identified during engineering plan review and as required by the Public Works Director. Engineering approval shall not be granted if it is determined that proposed mitigation is not adequate to address the impacts of the project. The final plat drawing shall dedicate all usable open space in an open space tracts to be owned in common and maintained by property owners of the EXHIBIT q nr Page- 10 proposed subdivision, and shall prohibit removal or disturbance of vegetation and landscaping within the tract, except as necessary for maintenance or replacement of existing plantings and as approved by the City. Additional vegetation may be located in open space tracts to meet conditions as approved by the City. A note shall be included on the final plat map that the open space tracts shall not be further subdivided, may not be developed with any buildings or other structures except as may be approved by the City for recreational purposes only for the benefit of the homeowners, 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: Ao Open space and/or park landscaping in Tracts C, D, E, F, G, H, I, J, L, and M; B. Street trees in right-of-way landscape planter strips; C. Tree preservation plan; and Visual screening of the Quadrant Residential South storm drainage facilities in Tracts A and B from the adjacent Road A and from adjacent residential lots with landscaping and 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 County Road Standards (KCRS) as amended by the City of Federal Way for this project, including the following requirements: Roads A and B shall be improved along the frontage of the project as minor collectors, including 60 foot wide right-of-way and 36 foot wide pavement width, curb and gutter, four foot planter strips, and five foot wide sidewalks on both sides of the roadway, streetlights, and street trees. Road C shall be improved as a local street, to include a 52 foot wide right-of-way and 28 foot pavement width. Vertical curb and gutter, four foot planter strips, five foot wide sidewalks shall be provided on both EXHIBIT Page - 11 sides of the street. Streetlights and street trees shall also be provided. Road D shall be improved as a cul-de-sac street with a 50 foot radius. Vertical curb and gutter, four foot wide planter strip, and five foot wide sidewalk shall be provided on all sides of the street. Streetlights and street trees shall also be provided. Do Tract K shall be improved to a private access tract standard and shall be limited to serving a maximum of four lots. The 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 36 foot tract width and 20 foot pavement width. Vedical curb and gutter and five foot wide sidewalk without planter strips shall be provided on one side. Tract length shall be limited to a maximum of 150 feet from face of curb to end of tract, unless a 90 foot diameter turnaround is provided. All streets have a minimum pavement section of three inches Class B asphalt over six inches of crushed surfacing: to support the traffic loads. Due to eagle nest adjacency, seasonal construction restrictions from February I to May I and July 1 to July 15 shall be imposed for all clearing, grading, filling, and related construction activities contained in the amended BEMP as approved by WDFW, and shall be applied to plat constrUction as part of engineering review. Conditions imposed by the Federal Way Hearing Examiner and the Director 9f Community Development Services for wetland and wetland setback area .¢usions shall be depicted on construction drawings and the final plat .x:lrawings as appropriate. Prior to final plat approval, open rail fencing and appropriate signage shall be installed to separate the planned and future parks and pedestrian trails from wetlands and wetland setback areas, and shall be designed in accordance with BEMP conditions for fencing and signage. Page - 12 10. 11. The final plat shall contain the requirement that 177 replacement trees shall be planted on individual building lots within the subdivision prior to final inspection of residential building activities on the individual lot and in conformance with FWCC section 22-1568(5)(b). The final plat shall contain the requirement that all future park and pedestrian trail improvements adjacent to wetland and wetland setback areas shall be designed to follow recommendations of a Wildlife Biologist, and shall be submitted to the Department of Community Development Services for review. The applicant shall provide to the president of the North Lake Improvement Club a copy of the final storm drainage plans at least two weeks prior to the City's approval thereof. The improvement club may provide comments within said two week period to the City regarding said plans. However, the sole authority to approve or disapprove said plans remains that of the City. RECOMMENDATION: It is hereby recommended that the Federal Way City Council approve the preliminary plat of Quadrant Residential South subject to the conditions contained in the conclusions above. DATED THIS 4th DAY OF September, 2003. AMENDED THIS 8t~ DAY OF September, 2003. /S'I:EISH~N K. CAUSSEAUX, JR. Hearing Examiner TRANSMI-FI-ED THIS 4th DAY OF September, 2003, to the following: AMENDED AND TRANSMITTED THIS 8th DAY OF September, 2003, to the following: AGENT: ESM Consulting Engineers, Inc. Phil Kitzes EXHIBIT PAGE OF I,.3 Page - 13 720 South 348th St. Federal Way, WA 98003 ENGINEER: ESM Consulting Engineers, Inc. Monty Bakken, P.E. 720 South 348th St. Federal Way, WA 98003 OWNER: Quadrant Corporation Skip Holman P.O. Box 130 Bellevue, WA 98009 OTHERS: Charles Gibson Don Vandenheuvel Bill Shiels Fred Brown Ann Olsen Jean Parietti & Will Self Bud & Toni Tinnerman Norm & Lois Kutscha 33461 - 33rd Place South ' 3718 South 334th Street 15020 Bear Creek Road NE 720 South 348th Street 15020 Bear Creek Road NE 33256 38th Ave. S. P.O. Box 34 33021 38th Ave. S. City of Federal' Way c/o Chris Green P.O. Box 9718 Federal Way, WA 98063-9718 Auburn, WA 98001 Auburn, WA 98001 Woodinville, WA 98072 Federal Way, WA 98003 Woodinville, WA 98072 Auburn, WA 98001 Auburn, WA 98071 Auburn, WA 98001 EXHIBIT PAGE Page- 14 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 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 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: (a) (b) (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 EXHIBIT Page- 15 (d) 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.