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Res 04-416 RESOLUTION NO. 04-416 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, MODIFYING THE APPROVED PRELIMINARY PLAT FOR THE COTTAGES AT HOYT ROAD, FEDERAL WAY FILE NO. 98-104394-00 SUo WHEREAS, on November 16, 1998, the applicant, Mr. Rick Williams, 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 16.4 acres into forty (40) single family residential lots located in the 33300 Block of Hoyt Road SW, on the east side of the street; and WHEREAS, on May 26,2001, a Mitigated Determination of Non sign ificance (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 WHEREAS, pursuant to City Council Resolution 01-349, on October 16, 2001, the City Council approved the Cottages at Hoyt Road 40-10t preliminary plat, in compliance with Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all other applicable City Codes; and WHEREAS, the Cottages at Hoyt Road plat has not yet been constructed; and WHEREAS, the applicant, Mr. Richard Williams, has authorized Trinity Land Development and Barghausen Consulting Engineers to act as agent for the preliminary plat for the Cottages at Hoyt Road and the applicant has requested to: revise access locations on Hoyt Road SW, revise grading limits, reduce the lot count to 35 lots, revise the open space configuration, reconfigure the road and lot layout, and revise the location of the stormwater facility; and WHEREAS, on June 21, 2004, the City Council Land Use and Transportation Committee (LUTC) considered the request for the preliminary plat revision, found the revised preliminary plat in substantial conformance with the approved preliminary plat, and voted to forward a recommendation for approval of the Cottages at Hoyt Road revised preliminary plat to the full City Council; and Res. # 04-416 . Page I OR! GINAL Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions. The findings offact and conclusion of the Department of Community Development Services June 15, 2004 memorandum and recommendation to the LUTC, are hereby adopted as the findings and conclusion 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. Section 2. Application Approval. Pursuant to FWCC Section 20-136(b), based upon the recommendation of the Department of Community Development Services and findings and conclusion contained therein as adopted by the City Council immediately above, the revised preliminary plat for the Cottages at Hoyt Road, Federal Way File No. 98-104394-00-SU, is hereby found to be in substantial conformance with the approved preliminary plat, and such revisions are hereby approved subject to all requirements of the Federal Way City Code and conditions contained and referenced in City Council Resolution 01-349. Section 3. Conditions of Approval Integral. The conditions of approval ofthe preliminary plat are all integral to each other with respect to the City Counci I 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 inval idation 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. Res. # 04-416 , Page 2 Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS 6thDA Y OF July ,2004. ApPROVED As To FORM: ~~ CITY ATTORNEY, PATRlCIAA. RICHARDSON FILED WITH THE CITY CLERK: PASSED By THE CITY COUNCIL: 6/30/04 7/06/04 RESOLUTION No. 04-416 Res. # 04-416 . Page 3