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Res 04-437 RESOLUTION NO. 04-437 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE VENTANA FINAL PLAT, FEDERAL WAY, WASIDNGTON, FILE NO. 04- 101264-00-SU WHEREAS, the Ventana preliminary plat, City of Federal Way File No. 97-103866 OO-SU\ was approved subject to conditions on April 6, 1999, by Federal Way Resolution No. 99-292; and WHEREAS, the applicant has satisfied all of the conditions set forth in Resolution No. 99-292 and in the February 22, 1999, Recommendation of the Federal Way Hearing Examiner with the exception of condition #9 which was modified by the Federal Way City Council in conjunction with Preliminary Plat approval; and WHEREAS, the applicant submitted the application for Ventana final plat within the required time of receiving approval for the above-referenced preliminary plat; and 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 conformance to the conditions of preliminary plat approval and the Federal Way Hearing Examiner and the Federal Way City Council, and their analysis and conclusions are set forth in the October 12,2004, Staff Report; and WHEREAS, the City Council Land Use/Transportation Committee considered the application for the Ventana final plat at its October 18, 2004, meeting and recommended approval by the full City Council; and WHEREAS, the City Council reviewed and considered the Staff Report and the application for Ventana final plat during the Council's November 2,2004, meeting; Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: 1 Also filed under SUB97-0005 based on previous computer system numbering. Res. # 04-437 ,Pagel ORIGINAL Section 1. Findings and Conclusions. 1. The Ventana final plat, City of Federal Way File No. 04-101264-00-SU, is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effect at the time the preliminary plat application was deemed complete. 2. Based on inter alia, the analysis and conclusions in the Staff Report which are adopted herein by reference and on the City Council's review of the application for final plat, the proposed subdivision makes appropriate provision for public héalth, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, play grounds, and schools and school grounds as are required by City Code, or are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who only walk to and from school. 3. The public use and interest will be served by the final plat approval granted herein. 4. All conditions listed in the Federal Way Resolution No. 99-292 and the conditions listed in the February 22, 1999, Recommendation of the City of Federal Way Hearing Examiner, with the exception of Condition #9 which was modified by the Federal Way City Council in conjunction with preliminary plat approval, have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by Federal Way City Code Section 20-135. 5. All required improvements have been made and/or sufficient bond, cash deposit, or assignment of funds have been accepted as guaranty for completion and maintenance of all required plat improvements, as identified in the October 12, 2004, Final Plat Staff Report. 6. All taxes and assessments owing on the property being subdivided have been paid or will be paid, prior to recording the final plat. Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section 1 above, the Ventana final plat, City of Federal Way File No. 04-1O1264-00-SU, is approved subject to satisfaction of compliance with plat conditions and conditions required by the Public Works Director as identified in the Staff Report and as required by applicable codes and policies. Res. # 04-437 , Page 2 Section 3. Recording. The approved and signed final plat, together with all legal instruments pertaining thereto as required pursuant to all applicable codes, shall be recorded by the applicant in the 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 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~- day of December ,2004. City of Federal Way ~o~ CIty Clerk, N. ChristIne Green, CMC '-"---- Approved as to Form: ¡¿Z;;á~~ City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: 10/25/04 PASSED BY THE CITY COUNCIL: 12/7/04 RESOLUTION No: 04-437 Res.# 04-437 , Page 3