Res 05-454
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RESOLUTION NO. V 5 - '/01- ~ ro lfj; ~~
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, APPROVING THE FINAL PLAT OF WINDSWEPT, FEDERAL
WAY, WASillNGTON, FILE NO. 04-104165-00-SU
WHEREAS, on August 29, 2000, the Federal Way Hearing Examiner conducted a public hearing on
the preliminary plat application resulting in the September 11,2000, recommendation of the Federal Way
Hearing Examiner; and
WHEREAS, the preliminary plat of Windswept, City of Federal Way File No. 9l.l00360-00-SU, was
approved subject to conditions on October 17, 2000, by Federal Way City Council Resolution No. 00-
323; and
WHEREAS, on September 9, 2003, the Federal Way Hearing Examiner granted a one-year extension
to the preliminary plat application to October 17,2004; and
WHEREAS, the applicant submitted the application for final plat for Windswept on October 12,2004,
which was within the required time of receiving approval for the above-referenced preliminary plat
extension; and
WHEREAS, the applicant has satisfied or guaranteed all of the conditions set forth in Resolution 00-
323; 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 September 14,2005 Staff Report, which is hereby incorporated by reference as though set forth in
full; and
WHEREAS, the applicant has complied with the condition of the mitigation measure of the September
26, 1998 State Environmental Policy Act' Mitigated Determination of Nonsignificance, as discussed in the
September 14,2005 Staff Report; and
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WHEREAS, the City Council Land UsefTransportation Committee considered the application and
staff report for the Windswept final plat at its September 19,2005 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 Windswept during the Council's October 4,2005 meeting.
Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS
FOLLOWS:
Section 1. Findings and Conclusions.
1. The final plat for Windswept, City of Federal Way File No. 04-104165-00-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 September 17, 2000, Federal Way Resolution No. 00-323 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 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
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required plat improvements as identified in the September 14,2005 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 I
above, the final plat of Windswept, City of Federal Way File No. 04-104165-00-80, 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 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 fI'-
DAYOF .OMpbr ,2005.
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A TrEST:
ApPROVED AS TO FORM:
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City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK: =;jtf~
PASSED BY THE CITY COUNCIL:
RESOLUTION No: .0:> .45<f
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