Res 05-444
RESOLUTION NO.
05-444
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, APPROVING THE FINAL PLAT OF COLELLA ESTATES,
FEDERAL WAY, WASHINGTON, FILE NO. 04-103107-00-SU
WHEREAS, on November 18, 2003, the Federal Way Hearing Examiner conducted a public hearing
on the preliminary plat application resulting in the November 18, 2003, Recommendation of the Federal
Way Hearing Examiner; and
WHEREAS, the preliminary plat of Colella Estates, City of Federal Way File No. 99-] 01323-00-SU,
was approved subject to conditions on January 7, 2004, by Federal Way City Council Resolution No. 04-
407; and
WHEREAS, the applicant submitted the application for final plat for Colella Estates within the
required time of receiving approval for the above-referenced preliminary plat; and
WHEREAS, the applicant has satisfied or guaranteed all of the conditions set forth in Resolution 04-
407; 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 final plat decisional criteria, and their analysis and conclusions are set forth
in the February 22, 2005, Staff Report, which is hereby incorporated by reference as though set forth in
full; and
WHEREAS, the applicant has complied with the conditions of the mitigation measures of the May 24,
2003, State Environmental Policy Act Mitigated Determination of Nonsignificance, as discussed in the
February 22, 2005, Staff Report; and
ORIGINAL
WHEREAS, The City Council Land Use/Transportation Committee considered the application and
staff report for the Colella Estates final plat at its February 28, 2005, meeting and recommended approval
by the full City Council; and
WHEREAS, the City Council reviewed and considered the Staff Report and the application for final
plat for Colella Estates during the Council's March 15,2005 meeting.
Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOL YES AS
FOLLOWS:
Section 1. Findings and Conclusions.
1.
The final plat for Colella Estates, City of Federal Way File No. 04-103 107-00-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 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
wastes, parks and recreation, playgrounds, and schools and school grounds as are required by City Code,
or which are necessary and appropriate, 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 final plat approval granted herein.
4.
All conditions listed in the January 7, 2004, Federal Way Resolution No. 04-407 have been
satisfied, and/or satisfactiori of the conditions have been sufficiently guaranteed by the applicant as
allowed by Federal Way City Code Section 20-135.
5.
All required improvements for final plat approval have been made and/or sufficient bond, cash
deposit, or assignment of funds have been accepted as guarantee for completion and maintenance of all
required plat improvements as identified in the February 22,2005, Staff Report.
Res. # 05-444 Page #2
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 final plat of Colella Estates, City of Federal Way File No. 04-1031 07-00-SU, is approved.
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 ofthis 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, WASH1NGTON, TIllS 15th
DAY OF
March
,2005.
CITY OF FEDERAL WAY
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cColgan
ATTEST:
ApPROVED AS TO FORM:
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City Attorney, Patricia A. Richardson
Res. # 05-444 Page #3
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION No:
Res. # 05-444 Page #4
3/8/2005
3/15/2005
05-444