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Res 05-458 .. . RESOLUTION NO. O~-1g;j A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASmNGTON, MODIFYING THE APPROVED PRELIMINARY PLAT FOR THE COTTAGES AT HOYT ROAD, FEDERAL WAY FILE NO's. 98-104394-00SU andOS-10460Z-00-AD. WHEREAS, on November 16, 1998, the applicant, Mr. Rick Williams, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as the Cottages at Hoyt Road and consisting of 16.4 acres into forty (40) single-family residential lots located in the 33300 Block of Hoyt Road SW, on the east side of the street; and WHEREAS, on May 26,2001, a 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 (SEPA), RCW 43.21C; and WHEREAS, pursuant to City Council Resolution 01-349, on October 16, 2001, the City Council approved the Cottages at Hoyt Road 40-10t preliminary plat, in compliance with Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all other applicable City Codes; and WHEREAS, on July 6, 2004, the City Council considered the applicant's request for a revision to the preliminary plat, and found the revised preliminary plat in substantial conformance with the approved preliminary plat; and WHEREAS, the Cottages at Hoyt Road plat is currently under construction, and the applicant found during the course of construction that the topography along the northwest portion of the site was not properly surveyed, and the survey shows the topography 10 feet higher than field conditions; and WHEREAS, the applicant has provided a tree evaluation identifying up to 30 trees on-site and off-site that are deemed potentially hazardous, and the City's third party arborist has identified an additional eight on- site potential hazard trees to remove, and 14 trees to monitor; and WHEREAS, on September 10,2005, the applicant, Trinity Land Development requested to modifY the preliminary plat as follows: modifY the slope and retaining wall configuration along the northwest portion of Res. # 05-:' "If;r: , Page] . . the approved preliminary plat, slightly re-align the northern roadway, remove potential hazard trees in the native growth protection easements, and replant areas where trees and vegetation have been removed; and WHEREAS, on September 19, 2005 and October 3, 2005, the City Council Land UsefTransportation Committee (LUTe) considered the request for the preliminary plat revision, found the revised preliminary plat in substantial conformance with the approved preliminary plat and voted to forward a recommendation for conditional approval of the Cottages at Hoyt Road revised preliminary plat to the full City Council. 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 Conclusion. The findings of fact and conclusion ofthe Department of Community Development Services September 13, 2005 memorandum and September 27,2005 memorandum and recommendation to the LUTC, are hereby adopted as the findings and conclusion of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a fmding, shall be treated as such. Section 2. Application Approval. Pursuant to FWCC Section 20-136(b), based upon the recommendation of the Department of Community Development Services and findings and conclusion contained therein as adopted by the City Council immediately above, the revised preliminary plat for the Cottages at Hoyt Road, Federal Way File No's. 98-1 04394-00-SU and 05-104602-00-AD, is hereby found to be in substantial conformance with the approved preliminary plat, and such revisions are hereby approved subject to all requirements of the Federal Way City Code and conditions contained and referenced in City Council Resolution 01-349, City Council Resolution 04-416, and the September 27,2005, staffreport to the Land UselTransportation Committee. Section 3. Conditions of Approval Integral. The conditions of approval ofthe 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 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 Res. # DS~ CfS~ , Page 2 . . 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 are 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 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 ifl'nA Y OF f.2.jbkr ,2005. FEDERAL WAY ATTEST: , JASON SUZAKA Res. # fJ.>- L/Sf , Page 3 . . APPROVED As To FORM: ~~r#, ,~ CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERIC 1011// ~- PASSED BY THE CITY COUNCIL: rb/4!fJ! I I RESOLUTION No. OS- - Lf'5g Res. # O~y45t/ , Page 4