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