Res 08-529
RESOLUTION NO. 0 g - 5;l'f
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, APPROVING THE SOUTH 320tb PLACE
PRELIMINARY PLAT, FEDERAL WAY FILE NO. 08-100555-00 SUo
WHEREAS, the owner, Quadrant Homes, applied to the City of Federal Way for preliminary plat
approval to subdivide certain real property known as South 320th Place Preliminary Plat, and consisting of
19.06 acres into one-hundred fifteen (lIS) single-family residential lots located along the City's northerly
boundary east of Interstate-5, adjacent to the north side of South 320th Street and between Interstate-5 and
Military Road; and
WHEREAS, on April 19 , 2008, an Environmental Determination ofNonsignificance (DNS) was issued
by the Director of Federal Way's Department of Community Development Services pursuant to the State
Environmental Policy Act (SEP A), Chapter 43.21 C; RCW, and
WHEREAS, the Federal Way Hearing Examiner on June 4,2008, held a public hearing concerning the
South 320th Place preliminary plat; and
WHEREAS, following the conclusion of said hearing, on June 25, 2008, the Federal Way Hearing
Examiner issued written Findings of Fact, Conclusions of Law and Recommendation containing findings and
conclusions, and recommending approval of the South 320th Place preliminary plat subject to conditions set
forth therein; and
WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-127 of
the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and
WHEREAS, on July 7, 2008, the City Council Land Use and Transportation Committee considered the
record and the Hearing Examiner recommendation on South 320th Place preliminary plat application, pursuant
to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, and voted
to forward a recommendation for approval of the proposed South 320th Place preliminary plat to the full City
Council, with no changes to the Hearing Examiner recommendation; and
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WHEREAS, on July 15, 2008, the City Council considered the record and the Hearing Examiner
recommendation on South 320th Place preliminary plat, pursuant to Chapter 20 of Federal Way City Code,
Chapter 58.17 RCW, and all other applicable City codes.
Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY
RESOLVE AS FOLLOWS:
Section I. Adootion of Findin2s of Fact and Conclusions of Law.
1. The findings of fact and conclusions oflaw of the Hearing Examiner's June 25, 2008 Findings
of Fact, Conclusions of Law and Recommendation, attached hereto as Exhibit A and incorporated by this
reference, are hereby adopted as the findings and conclusions 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.
2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's
recommendation, and conditions of approval as established therein, the proposed subdivision makes
appropriate provisions for the 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 waste, parks and
recreation, play grounds, schools and schools grounds, and all other relevant facts as are required by City code
and state law, 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 preliminary plat approval granted herein.
Section 2. Application Approval. Based upon the recommendation of the Federal Way Hearing
Examiner Findings of Fact and Conclusions of Law contained therein as adopted by the City Council
immediately above, South 320th Place preliminary plat, Federal Way File No. 08-100555-00 SU, is hereby
approved, subject to conditions as contained in the June 25,2008 Findings of Fact, Conclusions of Law and
Recommendation of the Federal Way Hearing Examiner (Exhibit A).
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Section 3. Conditions of Approval Integral. The conditions of approval of the 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 j urisdiction over the subject matter
declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this
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 gene~al 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. 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 aftIrmed.
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, THIS ,G#--DA Y OF
~'~
,2008.
CITY OF FEDERAL WAY
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A TIEST:
CITYCLE~~~
ApPROVED AS To FORM:
~~/
CITY A TIORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 07- Og-.. 'J.DDr?
PASSED By THE CITY COUNCIL: 01" 15.- J..O~
RESOLUTION No. OK... 5d-'1
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