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Res 06-487 A RESOLUTION NO. IJ ILJ.~81 A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASIDNGTON, APPROVING THE LAKOTA CREST FINAL PLAT, FEDERAL WAY, WASIDNGTON, FILE NO. 06-103012-00-SU WHEREAS, on July 20,2004, the Federal Way Hearing Examiner conducted a public hearing on the Lakota Crest preliminary plat application resulting in the Recommendation of the Federal Way Hearing Examiner, dated August 10,2004; and WHEREAS, the Lakota Crest preliminary plat, City of Federal Way File No. 98-103452-00-SU, was approved subject to conditions on September 21, 2006, by Federal Way City Council Resolution No. 04- 426, which adopted the Hearing Examiner's findings of fact and conclusions, except finding number twenty and condition number three; and WHEREAS, the applicant submitted the final plat application for Lakota Crest, within the required time of receiving approval for the above-referenced preliminary plat; and WHEREAS, the applicant has satisfied or guaranteed all of the conditions set forth in Resolution 04- 426; 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 Final Plat Staff Report, dated October 10, 2006, which is hereby incorporated by reference as though set forth in full; and WHEREAS, conditions resulting from the State Environmental Policy Act Revised Mitigated Determination of Nonsignificanc~ (MDNS), dated July 26, 2004, as discussed in the Final Plat Staff Report have been satisfied; and Lakota Crest Draft Resolution [ip- JfK7A. Page 1 of 4 WHEREAS, the City Council Land UsefTransportation Committee considered the application and staff report for the Tuscany Woods final plat at its meeting on October 17, 2006, and recommended approval by the full City Council; and WHEREAS, the City Council reviewed and considered the Final Plat Staff Report and the application for Lakota Crest final plat during the Council's meeting on November 7,2006. Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Findings and Conclusions. 1. The Lakota Crest final plat, City of Federal Way File No. 06-103102-00-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 Final Plat Staff Report, dated October 10,2006, 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 Federal Way Resolution No. 01-348, dated September 21, 2004, 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 required plat improvements as identified in the Final Plat Staff Report. Lakota Crest Draft Resolution fXr~ -/1 Page 2 of 4 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 1 above, the Lakota Crest final plat, City of Federal Way File No. 06-103102-00-SU, 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 and Elections. 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, ofthe resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. DAY OF RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS N~ (ptl- ,2006. CITY OF FEDERAL WAY ~~ Mayor, Michael "a APPROVED AS TO FORM: ~r-a ~A, City Attorney, Patricia A. Richardson Lakota Crest Draft Resolution of:, J'-k1;(1 Page 3 of 4 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO: j~~~~ to -181 (L Lakota Crest Draft Resolution (/)~. tjg' 71J Page 4 of 4