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Res 05-443 RESOLUTION NO. 05-443 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE CAMPUS CREST PRELIMINARY PLAT AND CONCOMITANT ZONING AGREEMENT FOR PARCEL 7, FEDERAL WAY FILE NO's.O3-104293-00-SU and 03-1043114)O-UP. WHEREAS, the developer, Campus Crest LLC, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Campus Crest and consisting of 22.4 acres into 114 single-family lots generally south of SW Campus Drive at the 700 SW block; and WHEREAS, the developer, Campus Crest LLC, applied to the City ofF ederal Way to modify the terms and conditions of a 1990 Concomitant Zoning Agreement (as amended by Resolutions) applicable to the subject property, to allow the subject property to be developed with single-family residential development and clarify the status ofthe building permit application, landscape standards abutting single-family zoning, building setbacks along Campus Drive, required improvements to Campus Drive, building height, maximum density of 233 units, phased construction, and lOth Avenue corridor dedication; and WHEREAS, on September 29, 2004, an Environmental Mitigated Determination of Non significance (MDNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEP A), RCW 43.21 C; and WHEREAS, no appeals on the MDNS were submitted to the Department of Community Development Services; and WHEREAS, the Federal Way Hearing Examiner, on January 25,2005, held a public hearing concerning the Campus Crest preliminary plat and Concomitant Zoning Agreement; and WHEREAS, following the conclusion of said hearing, on February 8,2005, the Federal Way Hearing Examiner issued a Report and Recommendation containing findings and conclusions, and recommending approval of the preliminary plat of the Campus Crest preliminary plat subject to conditions set forth therein; and Res. # 05-443 , Page 1 ORt GINAL WHEREAS, following the conclusion of said hearing, on February 8,2005, the Federal Way Hearing Examiner issued a Report and Recommendation containing findings and conclusions, and recommending approval of the Campus Crest Concomitant Zoning Agreement; 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, the Federal Way City Council has jurisdiction and authority pursuant to Section 8 of the 1990 Concomitant Zoning Agreement and Section 22-488 et al of the Federal Way City Code to approve, deny, or modify a concomitant zoning agreement pursuant to the rezone procedure; and WHEREAS, on February 28,2005, the City Council Land Use/Transportation Committee considered the record and the Hearing Examiner recommendation on the Campus Crest preliminary plat and Concomitant Zoning Agreement, pursuant to Chapters 20 and 22 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 Campus Crest preliminary plat and Concomitant Zoning Agreement to the full City Council, with no changes to the Hearing Examiner recommendations; and WHEREAS, on March 15,2005, the City Council considered the record and the Hearing Examiner recommendations on the Campus Crest preliminary plat and Concomitant Zoning Agreement, pursuant to Chapters 20 and 22 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 Hearing Examiner's February 8, 2005, Campus Crest Preliminary Plat Report and Recommendation, and the findings of fact and conclusions of the Hearing Examiner's February 8, 2005, Campus Crest Concomitant Zoning Agreement Report and Recommendation, attached hereto as Exhibits A and B and incorporated by this reference, are hereby adopted as the fIDdings 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. Res. # 05-443 , Page 2 2. Based on, inter alia, the analysis and conclusions in the Staff Reports and Hearing Examiner's recommendations, 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 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. 3. The public use and interest will be served by the preliminary plat approval and Concomitant Zoning Agreement granted herein. Section 2. Preliminary Plat Application Approval. Based upon the recommendation of the Federal Way Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, the Campus Crest preliminary plat, Federal Way File No. 03-104293-00 SU, is hereby approved, subject to conditions as contained in the February 8,2005, Report and Recommendation ofthe Federal Way Hearing Examiner (Exhibit A). Section 3. Concomitant Agreement Approval. Based upon the recommendation of the Federal Way Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, the Campus Crest Concomitant Agreement for parcel 7, Federal Way File No. 03-104311-00 UP, is hereby approved, as contained in the February 8,2005 Report and Recommendation of the Federal Way Hearing Examiner (Exhibit B). Section 4. Conditions of Approval Integral. The conditions of approval of the preliminary plat and Concomitant Zoning Agreement 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 ofthe invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the Res. # 05-443 , Page 3 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 completed execution of the Campus Crest Concomitant Agreement. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS ~ DAY OF March ,2005. CITY OF FEDERAL WAY Ð C. Li- 'I-<...V' (~Q. -.H\l ,,"" Ò) ,--~/ ApPROVED As TO FORM: ~/(- ~ CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED By THE CITY COUNCIL: 3/8/2005 3/15/2005 05-443 RESOLUTION No. Res. # 05-443 , Page 4