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Res 08-527 RESOLUTION NO. Og -S71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE MING COURT FINAL PLAT, FEDERAL WAY, WASHINGTON, FILE NO. 07104450-00-SU WHEREAS, on January 18,2005, the Federal Way Hearing Examiner conducted a public hearing on the Ming Court preliminary plat application resulting in the Recommendation ofthe Federal Way Hearing Examiner, dated February 1,2005; and WHEREAS, the Ming Court preliminary plat, City of Federal Way File No. 00-102793-00-SU, was approved subject to conditions on March 15, 2005, by Federal Way City Council Resolution No. 05-442, which adopted the Hearing Examiner's findings of fact and conclusions; and WHEREAS, based on the applicants request to clear trees in advance of final plat approval, condition #1 of the preliminary plat approval was modified subject to conditions on February 19,2008, by Federal Way City Council Resolution No. 08-521; and WHEREAS, the applicant submitted the final plat application for Ming Court, 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 05- 442; and WHEREAS, the applicant elected to not utilize the options set forth in Federal Way City Council Resolution No. 08-521; 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 June 12, 2008, which is hereby incorporated by reference as though set forth in full; and ~ WHEREAS, the City Council Land Use/Transportation Committee considered the application and staff report for the Ming Court final plat at its meeting on June 16, 2008, 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 Ming Court final plat during the Council's meeting on July 1,2008. Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Findings and Conclusions. 1. The Ming Court final plat, City of Federal Way File No. 07-104450-00-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 June 12, 2008, which are adopted herein by reference, and on the City Council's review ofthe 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. 05-442, dated March 15,2005, 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. Ming Court Final Plat Resolution File #07-104450-00-SU Doc. J.D. 45787 Page 2 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 I above, the Ming Court final plat, City of Federal Way File No. 07-l04450-00-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. 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 scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority, and prior to the effective date, of the resolution is hereby ratified and affirmed. Section 7. 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, THISJSf, DAYOF ~(- ,2008. CITY OF FEDERAL WAY Ming Court Final Plat Resolution File #07-1 04450-00-SU Doc. J.D. 45787 Page 3 .. ApPROVED AS TO FORM: c7(~~ It)' ttomey, atrlcla . IC ar son FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO: ~);;5~q 7!(~ Of' -5/31 Ming Court Final Plat Resolution File #07-104450-00-SU Doc. J.D. 45787 Page 4