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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 Doc. 1.0. 44264 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 Doc. 1.0. 44264 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. Doc. 1.0. 44264 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 ~~~ CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED By THE CITY COUNCIL: RESOLUTION No. Doc. 1.0. 44264 ~; y{o{ 05l!S'd-l { CITY OF FEDERAL WAY