Res 04-426
RESOLUTION NO. 04-426
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE LAKOTA CREST PRELIMINARY PLAT,
FEDERAL WAY FILE NO. 98-103452-00 SUo
WHEREAS, the owner, Lyle Homes, applied to the City of Federal Way for preliminary plat approval to
subdivide certain real property known as Lakota Crest and consisting of I 0.8 acres into forty-three (43) single-
family residential lots located northwest of the intersection of SW 312th Street and 151 Avenue South, which
parcel adjoins a 7-11 store at the northwest comer of said intersection; and
WHEREAS, on May 5,2004, an Environmental Mitigated Determination of Non significance (MDNS)
was issued by the Director ofF ederal Way's Department of Community Development Services pursuant to the
State Environmental Policy Act (SEP A), RCW 43.21 C; and
WHEREAS, on June 2, 2004, ESM Consulting Engineers on behalf of Lyle Homes, appealed the SEP A
Mitigated Determination of Nonsignificance; and
WHEREAS, pursuant to Federal Way City Code Section 20-115, the SErA appeal hearing and
preliminary plat application open record hearing shall be held simultaneously, and
WHEREAS, the Federal Way Land Use Hearing Examiner on July 13, 2004, held a public hearing
concerning the Lakota Crest preliminary plat and SEP A appeal; and
WHEREAS, the Hearing Examiner left the record open until July 27,2004; and
WHEREAS, on July 26,2004, the City of Federal Way issued a revised SEP A Mitigated Determination
of Nonsignificance for the Lakota Crest preliminary plat; and
WHEREAS, on July 26,2004, Brian Lawler, on behalf of the appellant, withdrew the appeal of the
May 5, 2004 MDNS; and
Whereas, following the conclusion of said hearing, on August 10,2004, the Federal Way Land Use
Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and
recommending approval of the preliminary plat of Lakota Crest subject to conditions set forth therein; and
Whereas, following the conclusion of said hearing, on August 10,2004, the Federal Way Land Use
Res. # 04-426
,Pagel
ORIGINAL
Hearing Examiner issued a Memorandum Decision stating that the Examiner will take no further action on the
withdrawn SEP A appeal; and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 September 13, 2004, the City Council Land Use and Transportation Committee
considered the record and the Hearing Examiner recommendation on the Lakota Crest preliminary plat,
pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 of the RCW, and all other applicable City
codes, and voted to forward a recommendation for approval of the proposed Lakota Crest preliminary plat to
the full City Council, except the LUTC recommended to eliminate finding number twenty and condition
number three of the Hearing Examiner recommendation; and
WHEREAS, on September 13, 2004, the City Council Land Use and Transportation Committee
recommended to the City Council to allow mass clearing and grading of the site; and
WHEREAS, on September 21, 2004, the City Council considered the record and the Hearing Examiner
recommendation on the Lakota Crest preliminary plat, and the recommendation of the Land Use and
Transportation Committee pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 of the RCW, and
all other applicable City codes.
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.
1.
The findings offact and conclusions of the Land Use Hearing Examiner's August 10,2004
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 except finding number twenty and
condition number three are not adopted. Any rIDding deemed to be a conclusion, and any conclusion deemed to
be a finding, shall be treated as such.
2.
The Federal Way City Council hereby eliminates finding number twenty and condition
number three of the August 10, 2004 Hearing Examiner Report and Recommendation, and fmds mass grading
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of the entire site at the time of plat infrastructure construction will promote efficient construction on the site,
reduce truck trips during construction of the site and during construction of homes on future building lots, and
allow for balancing cut and fill materials on the site, consideration of surrounding zoning and uses, and lack of
ability for long term preservation of significant trees on the site, make the site conducive to mass grading.
3.
Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's
recommendation, and conditions of approval as established therein, and the establishment of a City Council
finding allowing mass clearing and grading of the site, 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 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.
4.
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
Hearing Examiner and findings and conclusions contained therein as adopted and revised by the City Council
immediately above, the Lakota Crest preliminary plat, Federal Way File No. 98-103452-00 SU, is hereby
approved, subject to conditions as contained in the August 10, 2004, Report and Recommendation of the
Federal Way Land Use Hearing Examiner (Exhibit A) as modified by findings and conclusions adopted in
Section 1 above.
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 havingjurisdiction 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
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public health, safety, and general welfare and other factors as required by Chapter 58.17 of the RCW and
applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for
further action.
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 21 DAY OF
September
,2004.
FEDERAL WAY
/
ATTEST:
ApPROVED As To FORM:
~.~
CI ATIORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERIC
PASSED By THE CITY COUNCIL:
RESOLUTION No.
09/14/04
09/21/04
04-426
Res. # 04-426
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