Res 11-601RESOLUTION NO. 11-601
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, DENYING THE QUASI-
JUDICIAL NON-PROJECT RELATED REZONE REQUEST, FILE
NO. 09-103287-00-UP.
WHEREAS, applicants Joseph Mitchell, owner of real property at King County tax
parcel number 102103-9016; Kurt Veeder, owner of real property at King County tax parcel
numbers 102103-9001 and 102103-9040; and Kim Deynaka, owner of real property at King
County tax parcel number 102103-9032 together applied to the City for a quasi judicial non-
project related rezone of their properties under file #09-103287-00-UP; and
WHEREAS, the rezone request was to modify the current RS 9.6 single-family zoning
designation to an RS 7.2 single-family zoning designation, and allow the subject properties,
totaling 5.3 acres, to be developed with lots that are a minimum of 7,200 square feet instead of
9,600 square feet; and
WHEREAS, on May 22, 2010, 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), RCW 43.21C; and
WHEREAS, no appeals on the DNS were submitted to the Department of Community
Development Services; and
WHEREAS, the July 16, 2010, staff report recommended that the Federal Way Hearing
Examiner forward to the Federal Way City Council a recommendation to approve the quasi-
judicial, non-project related rezone request; and
WHEREAS, the Federal Way Hearing Examiner, on July 22, 2010, held a public hearing
concerning the quasi judicial non-project related rezone request; and
Resolution No. 11-601 Page 1 of 3
WHEREAS, following the conclusion of said hearing, on August 6, 2010, the Federal
Way Hearing Examiner issued a"Findings of Fact, Conclusions of Law and Recommendation"
containing findings and conclusions, and recommending denial of the quasi judicial non-project
related rezone request; and
WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to
section 19.75.140(5) of the Fecleral Way Revised Code to approve, modify, or deny a quasi-
judicial non-project related rezone request; and
WHEREAS, on January 18, 2011, the City Council considered the record and the
Hearing Examiner recommendation on the Mitchell, Veeder, Deynaka Rezone Request, pursuant
to 19.75.140(5) of the Federal Way Revised Code, and all other applicable City codes.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section l. Adoption of Findings of Fact and Conclusions. The findings of fact and
conclusions of the Hearing Examiner's August 6, 2010, "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.
Section 2. A�plication Denial. Based upon the recommendation of the Federal Way
Hearing Examiner and the findings and conclusions contained therein as adopted by the City
Council immediately above, the Mitchell, Veeder, Deynaka Quasi-Judicial Non-Project Related
Rezone Request, file #09-103287-00-UP, is hereby denied.
Section 3. Severabilitv. 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
Resolution No. 11-601 Page 2 of 3
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause, or phrase of this resolution.
Section 4. 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 correetion of
scrivener/clerical errors, references, resolution numbering, section/subsection numbers, and any
referencesthereto.
Section 5. Ratification. Any act consistent with the authority and prior to the effective
date of this resolution is hereby ratified and affirmed.
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 1 st day of February, 2011.
CITY OF FEDERAL WAY
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AYOR, SKIP PRIEST
ATTEST: ,
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CITY CLERK, CA OL M EILLY, CMC
APPROVED AS TO FORM:
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CITY AT RNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 1-25-2011
PASSED BY THE CITY COLTNCIL: 2-1-2011
RESOLUTION NO.: 11-601
Resolution No. 11-601 � Page 3 of 3