Res 05-442
RESOLUTION NO. 05-442
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASIDNGTON, APPROVING WITH
CONDITIONS THE PRELIMINARY PLAT OF MING COURT,
FEDERAL WAY FILE NO. OO-lO2793-00-SU.
WHEREAS, owner David Ling applied to the City of Federal Way for preliminary plat approval to
subdivide certain real property known as Ming Court and consisting of 3.83 acres into fifteen (15) single-
family residential lots at South 31 Oth Street at 7th Place South located west of 8th Avenue South; and
WHEREAS, on October 23, 2004, an Environmental Mitigated Determination of Nonsignificance
(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, on November 22, 2004, Mr. Ronald Rassilyer 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 January 18, 2005, held a public
hearing concerning the Ming Court preliminary plat and SEP A appeal; and
Whereas, following the conclusion of said hearing, on February 1, 2005, the Federal Way Land
Use Hearing Examiner issued a written Report and Recommendation containing findings and
conclusions, and recommending approval of the Ming Court preliminary plat subject to conditions set
forth therein; and
Whereas, following the conclusion of said hearing, on February 1, 2005, the Federal Way Land
Use Hearing Examiner issued a SErA Appeal Report and Decision concluding that the appellant did not
show that the threshold determination was erroneous, that any potential significant adverse effects to the
environment were analyzed and properly dealt with in the MDNS, and that the SEP A appeal was denied;
and
ORI GINAL
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 February 28, 2005, the City Council Land Use/Transportation Committee
considered the record and the Hearing Examiner recommendation on the Ming Court preliminary plat,
pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City
codes, and voted to forward a recommendation for approval of the proposed Ming Court preliminary plat
to the full City Council, with no changes to the Hearing Examiner recommendation; and
WHEREAS, on March 15,2005, the City Council considered the record and the Hearing Examiner
recommendation on the Ming Court preliminary plat, pursuant to Chapter 20 of Federal Way City Code,
Chapter 58.17 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 of fact and conclusions of the Land Use Hearing Examiner's February 1,
2005 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. Any finding deemed to
be a conclusion, and any conclusion deemed to be a finding, shall be treated as such.
2.
Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing
Examiner's recommendation, and conditions of approval as established therein, 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 schools 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 ITom school.
Res. #
05-442
, Page 2
3.
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 by the City Council
immediately above, the Ming Court preliminary plat, Federal Way File No. 00-1O2793-00-SU, is hereby
approved, subject to conditions as contained in the February 1,2005, Report and Recommendation of the
Federal Way Land Use Hearing Examiner (Exhibit A).
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 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 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 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.
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.
Res. #
05-442
, Page 3
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS ~ DAY
OF
March
,2005.
CITY OF FEDERAL WAY
') ,
CCOLGAN
4e-J; ~i)
A TrEST:
ApPROVED As To FORM:
~p:;- æ ~
CITY ATrORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED By THE CITY COUNCIL:
3/8/2005
3/15/2005
05-442
RESOLUTION No.
Res. #
05-442
, Page 4