Res 08-533
RESOLUTION NO. 08-533
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING EAGLE MANOR
PRELIMINARY PLAT, FEDERAL WAY FILE NO. 06-106512-00 SUo
WHEREAS, the owner, Eagle Creek Land and Development, LLC, applied to the City of Federal
Way for preliminary plat approval to subdivide certain real property known as Eagle Manor, and
consisting of 3.1 L acres into twelve (L2) single-family residential lots located at the southwest comer of
21 st Ave SW & SW 344th St; and
WHEREAS, on September IS, 2007, an Environmental Determination of Nonsignificance (DNS)
was issued by the Director of Federal Way's Department of Community Development Services pursuant
to the State Environmental Policy Act (SEPA), Chapter 43.2IC; RCW, and
WHEREAS, the Federal Way Hearing Examiner on June I J, 2008, held a public hearing
concerning Eagle Manor preliminary plat; and
WHEREAS, following the conclusion of said hearing, on JuLy L4, 2008, the Federal Way Hearing
Examiner issued a written Report and Recommendation containing findings and conclusions, and
recommending approval of Eagle Manor 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 August 4, 2008, the City Council Land Use and Transportation Committee
considered the record and the Hearing Examiner recommendation on Eagle Manor preliminary plat,
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 Eagle Manor preliminary plat
to the full City Council, with no changes to the Hearing Examiner recommendation; and
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Resolution No. 08-533
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WHEREAS, on August 19,2008, the City Council considered the record and the Hearing Examiner
recommendation on Eagle Manor preliminary plat, pursuant to Chapter 20 of Federal Way City Code,
Chapter 58.17 RCW, and all other applicable City codes.
Now rHEREfORE, THE Cny COUNCIL OF rHE CITY OF FEDERAL WAY, W ASHlNGTON, DOES
HEREBY RESOLVE AS FOLLOWS:
Section I. Adoption of Findings of Fact and Conclusions.
I. The findings of fact and conclusions of the Hearing Examiner's July 14,2008 Report 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 to 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.
herein.
3. The public use and interest will be served by the preliminary plat approval granted
Section 2. Application Approval. Based upon the recommendation of the Federal Way Hearing
Examiner and findings and conclusions contained therein as adopted by the City Council immediately
above, Eagle Manor preliminary plat, Federal Way File No. 06-106512-00 SU, is hereby approved,
subject to conditions as contained in the July 14, 2008, Report and Recommendation of the Federal Way
Hearing Examiner (Exhibit A).
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Resolution No. 08-533
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Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are
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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 jurisdiction 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 general 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 ordinance are authorized to make
necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical
errors, references, ordinance 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.
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RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS 8 DAY
?-{Jk~l V-
OF .,-::e, -,,0R ,2008.
CITY OF FEDERAL WAY
'f!6Jt!S
A TIEST:
~~~IA'{~
ApPROVED As To FORM:
-r~?i ~
CITY ATTORNEY, PATRICIA A. RlCHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
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05. 6-33
Resolution No. 08-533
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