Res 08-521
RESOLUTION NO. ()) . 5~l
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, W ASIDNGTON, AMENDING RESOLUTION
NO. 05-442 AND MODIFYING CONDITION #1 OF THE
APPROVED MING COURT PRELIMINARY PLAT, FEDERAL
WAY, FILE NO. 00-102793-00-SU.
WHEREAS, on May 12,2000, the applicant, Mr. David Ling, applied to the City of Federal Way
for preliminary plat approval to subdivide certain real property known as Ming Court and consisting of
3.83 acres into fifteen (15) single-family residential lots located in the South 310th Place at 7th Place
South; and
WHEREAS, on October 23, 2004, a Mitigated Determination of Nonsignificance (MDNS) was
issued by the Director of Federal Way's Department of Community Development Services pursuant to the
State Environmental Policy Act (SEPA), RCW 43.2lC; and
WHEREAS, pursuant to City Council Resolution 05-442, on March 15, 2005, the City Council
approved the Ming Court IS-lot 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, the Ming Court Subdivision is currently under construction; and
WHEREAS, the new owner, Norris Homes, has requested to modify preliminary plat condition of
approval #1 and modify clearing limits to remove existing vegetation from lots 1 through 15 prior to
issuance of building permits for new houses, including removal of most if not all significant trees from
lots 7, 8, 9, 10, and 11, removal of all other nonsignificant trees and vegetation on lots 1 through 15, and
mitigation of removed significant trees with fourteen replacement trees located on lots 1,2,3,4,5, 10 and
15; and
WHEREAS, on February 4, 2008, the City Council Land Use and Transportation Committee
(LUTe) considered the request for the modification to the preliminary plat condition of approval, and
found that changing the condition altered substantial conformance with the approved preliminary plat, and
voted to deny the applicant's request; and
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WHEREAS, on February 19, 2008, the LUTC recommendation to deny the applicant's request
came before the Federal Way City Council and the City Council voted to grant the applicant's request to
modify condition #1 of the preliminary plat approval as set forth in Resolution No. 05-442;
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 Conclusions. The findings of fact and conclusion of
the Department of Community Development Services January 30, 2008, 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 finding, shall be
treated as such.
Section 2. Approval of Modification of Condition #1. 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, condition #1 of the preliminary plat for Ming Court,
Federal Way File No. 00-102793-00-SU, is approved to be modified as follows:
Clearing limits for the construction of the plat improvements (roads, pond, and utilities) shall be
generally consistent with the clearing limits depicted on the Conceptual Drainage Plan of Ming
Court, plan page Cl.O, dated March 19, 2004, and prepared by Sitts and Hill Engineers, Inc.
(Exhibit A). The clearing limits on the plan sheet referenced above are the approximate clearing
limits necessary for roads, utilities, and pond. The clearing and grading limits on thc approved
plan may be modijicd with the appnr-'al of the Community Dcwxopment and Publie Works
DcpaNmcnts during final cngineering plan r~'iew as rCfJuir-cd to reflect changes in }"Bad and
utility designs, if any. Prior to final plat approval the developer may clear all vegetation from all
building lots. provided that prior to commencement of any clearing activity. the applicant shall
submit the following items to the City for review and approval: (1) an erosion and sedimentation
control plan consistent with KCSWDM Appendix D for the newly disturbed areas to demonstrate
site stabilization; (2) a written commitment to make every effort to commence house construction
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activity within 9 months of receiving final plat approval as well as a $10.000.00 fee paid to the
city if construction activity does not commence within this timeline; (3) to reflect the applicant's
desire to retain significant trees on the subiect site. an arborists report prepared to recommend
what can be done to maximize the survival of retained significant trees and denotes s{>ecific tree
protection methods. which shall also be de{>icted on the erosion control plan; (4) a professionally
prepared planting plan that depicts fourteen (14) replacement trees. sized in accordance with
FWCC replacement tree standards. planted on lots depicted on the Minl?: Court Significant Tree
Removal/Replacement plan pre{>ared by Norris Homes; and in addition. within fourteen days
from the effective date of this resolution Norris Homes shall construct a temporary fence between
the subiect site and the northem property line of 31104 6th A venue South and prior to final plat
approval Norris Homes shall construct a permanent fence between the subiect site and the
northern property line of 31104 6th Avenue South. ..I
and as modified, is hereby found to be in conformance with the approved preliminary
plat, and this modification is hereby approved subject to all requirements of the Federal Way City
Code and other conditions contained and referenced in City Council Resolution 05-442.
Section 3. 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 4. Ratification. Any act consistent with the authority and prior to the effective date of the
resolution is hereby ratified and affirmed.
Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make
necessary corrections to this resolution including, but not limited to, the correction of any
I This underline and strikeout format depicts the text of the existing condition, the text proposed to be eliminated and the text
proposed to be added.
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scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references
thereto.
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 11-ttoA Y
OF V-'Don~-
APPROVED As To FORM:
,2008.
Y, CMC
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CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED By THE CITY COUNCIL:
RESOLUTION No.
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CITY OF FEDERAL WAY