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
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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.
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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
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