Res 04-431
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~ESOLUTION NO. 04-431
A RESOLUTION pF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING THE FINAL PLAT
OF DEVONSHIRE,:FEDERAL WAY, WASHINGTON, FILE NO. 04-
102040-00-SU
WHEREAS, on September 10, 2002, the Federal Way Hearing Examiner conducted a public hearing
on the preliminary plat application resulting in the October 16, 2002, Recommendation of the Federal
Way Hearing Examiner and Octobe~ 21, 2002, Hearing Examiner Correction; and
WHEREAS, the preliminary plat for Devonshire, City of Federal Way File No. 01-102793-00-SU,
was approved subject to conditions bn November 19, 2002, by Federal Way City Council Resolution No.
02-375; and
WHEREAS, the applicant subm~tted the application for final plat for Devonshire within the required
time of receiving approval for the above-referenced preliminary plat; and
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WHEREAS, the applicant has s~1isfied all of the conditions set forth in Resolution 02-375; and
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WHEREAS, the City of Federal: Way's Department of Community Development Services and Public
Works Department staff have reviewed the proposed final plat for its confonnance to the conditions of
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preliminary plat approval, and their analysis and conclusions are set forth in the September 13, 2004,
Staff Report, which is hereby incorporated by reference as though set forth in full; and
WHEREAS, the applicant has c?mplied with the conditions of the mitigation measures of the May 8,
2002, State Environmental Policy ~ct Mitigated Determination of Nonsignificance, as discussed in the
September 13,2004, Staff Report; and
WHEREAS, The City Council ,Land Use/Transportation Committee considered the application and
staff report for the Devonshire fina:l plat at its September 20, 2004, meeting and recommended approval
by the full City Council; and
WHEREAS, the City Council rþviewed and considered the Staff Report and the application for final
plat for Devonshire during the Cou~cil's October 4,2004, meeting.
Res. #04-431 , Page I
File #04-1 02040-00-SU / Doc ID #28774
¡ORIGINAL
Now THEREFORE, THE CITY: COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOL YES AS
FOLLOWS:
Section 1. Findings and Conchlsions.
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The final plat for Devonshire, City of Federal Way File No. 04-1 02040-00-SU, is in substantial
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conformance to the preliminary pl*t and is in conformance with applicable zoning ordinances or other
land use controls in effect at the timie the preliminary plat application was deemed complete.
2.
Based on, inter alia, the ;¡Inalysis and conclusions in the Staff Report, which are adopted herein
by reference, and on the City Counlcil's review of the application for final plat, the proposed subdivision
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makes appropriate provision for ppblic health, safety, and general welfare, and for such open spaces,
drainage ways, streets or roads, all~ys, other public ways, transit stops, potable water supplies, sanitary
wastes, parks and recreation, playgtounds, and schools and school grounds as are required by City Code,
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or which are necessary and approp~iate, and provides for sidewalks and other planning features to assure
safe walking conditions for student~ who walk to and from school.
3.
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The public use and interest will be served by the final plat approval granted herein.
4.
All conditions listed in tl1e November 19, 2002, Federal Way Resolution No. 02-375 have been
satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as
allowed by Federal Way City CodeiSection 20-135.
5.
All required improvemerlts for final plat approval have been made and/or sufficient bond, cash
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deposit, or assignment of funds ha~e been accepted as guarantee for completion and maintenance of all
required plat improvements as iden~ified in the September 13,2004, Staff Report.
6.
All taxes and assessments owing on the property being subdivided have been paid or will be
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paid, prior to recording the final plat.
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Section 2. Application Appro-yal. Based upon the Findings and Conclusions contained in Section I
above, the final plat of Devonshire1 City of Federal Way File No. 04-102040-00-SU, is approved.
Res. #04-43 I , Page 2
File #04-1 02040-00-SU / Doc ID #28774
Section 3. Recording. The apptoved and signed final plat, together with all legal instruments
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pertaining thereto as required pursu~nt to all applicable codes, shall be recorded by the applicant in the
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King County Department of Records. The applicant shall pay all recording fees.
Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to
be invalid or unconstitutional by a ~ourt of competent jurisdiction, such invalidity or unconstitutionality
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shall not affect the validity or cons*utionality of any other section, sentence, clause, or phrase of this
resolution.
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Section 5. Ratification. Any acit consistent with the authority, and prior to the effective date, of the
resolution is hereby ratified and affirmed.
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Section 6. Effective Date. Thi~ resolution shall be effective immediately upon passage by the Federal
Way City Council.
RESOL YED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this 19rH day of
OCTOBER, 2004.
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City lerk, N. Chnstine
ApPROYED AS TO FORM:
rn,~o. ~-</à :
City Attorney, Patricia A. Richardspn
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
10/12/04
10/19/04
RESOLUTION No:
:04-431
Res. #04-431 , Page 3
File #04-1 02040-00-SU / Doc ID #28774