Res 05-458
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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
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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
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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
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APPROVED As To FORM:
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CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERIC 1011// ~-
PASSED BY THE CITY COUNCIL: rb/4!fJ!
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RESOLUTION No. OS- - Lf'5g
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