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Res 05-455 ~ , ,->\ I'-:--'--'~' , ' ,.,/ \ ",\ '?~ RESOLUTION NO. tJ5-1fSS- '..../ \,,'.1', ( f ,. ;. ,,~, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE GREENS PRELIMINARY PLAT, FEDERAL WAY FILE NO. 05-100447-00 SUo WHEREAS, the owner, Federal Way 356 LLC, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as The Greens and consisting of 6.91 acres into twenty (20) single-family residential lots located at the southeast quadrant of the intersection of SW 356th Street and 18th Avenue SW; and WHEREAS, on June 11,2005, an Environmental Mitigated Detennination of Non significance (MDNS) was issued by the Director ofF ederal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEP A), Chapter 43.21 C; RCW,and WHEREAS, the Federal Way Land Use Hearing Examiner on August 16, 2005, held a public hearing concerning The Greens preliminary plat; and WHEREAS, following the conclusion of said hearing, on August 30, 2005, the Federal Way Land Use Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and recommending approval of The Greens preliminary plat subject to conditions set forth therein; 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, on September 19, 2005, the City Council Land Use and Transportation Committee considered thc record and the Hearing Examiner recommendation on The Greens 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 The Greens preliminary plat to the full City Council, with no changes to the Hearing Examiner recommendation; and WHEREAS, on October 4, 2005, the City Council considered the record and the Hearing Examiner Res. II {15=_':1,?) , Page ] ~ . recommendation on The Greens prcliminaryplat, 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 I. Adoption of Findings of Fact and Conclusions. 1. The findings of fact and conclusions of the Land Use Hearing Examiner's August 30,2005 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 from school. 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 Greens preliminary plat, Federal Way File No. 05~100447-00 SU, is hereby approved, subject to conditions as contained in the August 30, 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 Res. # {Y:?~~_~<;~"_, Page 2 ~ . the platting or subdivision ofthe subject property. Should anyeourt 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 arc 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 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, WASHINGTON, THIS !.L-#nA Y OF B~~/ ,2005 ATTEST: Res. # M-.i.(SS , Page 3 , . ApPROVED As To FORM; ~ ~4~"...e. CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: q(~6S- PASSED BY THE CITY COUNCIL: LO ~ RESOLUTION No. D6-4S'S Res. # 05 - Lj5$ ,Page 4