Res 08-534
RESOLUTION NO. 08-534
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, APPROVING THE WYNSTONE FINAL PLAT,
FEDERAL WAY, WASHINGTON, FILE NO. 08-100695-00-SU
WHEREAS, on December 14,2004, the Federal Way Hearing Examiner conducted a public hearing
on the Wynstone preliminary plat application and Concomitant Zoning Agreement resulting in the
Recommendation of the Federal Way Hearing Examiner, dated December 29,2004; and
WHEREAS, the Wynstone preliminary plat, City of Federal Way File No. 03-102630-00-SU, was
approved subject to conditions on January 18,2005, by Federal Way City Council Resolution No. 05-439,
which adopted the Hearing Examiner's findings of fact and conclusions; and
WHEREAS, the applicant submitted the final plat application for Wynstone, 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 No.
05-439; 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 September 16, 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 Wynstone final plat at its meeting on September 22, 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 Wynstone final plat during the Council's meeting on October 7, 2008.
Res. #08-534, Page 1
Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOL YES AS FOLLOWS:
Section 1. Findings and Conclusions.
1. The Wynstone final plat, City of Federal Way File No. 08-100695-00-SU, is in substantial
conformance to the preliminary plat and concomitant zoning agreement for the site 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
September 16,2008, which are adopted herein by reference, and on the City Council's review of the
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 the Federal Way Resolution No. 05-439, dated January 18, 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 has been accepted as guarantee for completion and maintenance of all
required plat improvements as identified in the Final Plat Staff Report.
6. All taxes and assessments owing on the property being subdivided have been paid or will be
paid, prior to recording the final plat.
Res. #08-534, Page 2
Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section 1
above, the Wynstone final plat, City of Federal Way File No. 08-100695-00-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 ofthis 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
this 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
this 7th day of October, 2008.
CITY OF FEDERAL WAY
Res. #08-534, Page 3
ATTEST:
LY, CMC
APPROVED AS TO FORM:
-f~a~~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 1 % 1/2008
PASSED BY THE CITY COUNCIL: 10/07/2008
RESOLUTION NO.: 08-534
Res. #08-534, Page 4