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