Res 11-603RESOLUTION NO. 11-603
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING RETREAT
MEADOWS PRELIMINARY PLAT, FEDERAL WAY FILE 08-
101729-00-SU.
WHEREAS, the owner, David Litowitz, applied to the City of Federal Way for
preliminary plat approval fo subdivide certain real property known as Retreat Meadows '
consisting of 14.6 acres into fifty-nine (59) single-family residential lots located at 157 SW 356
St; 203 SW 356 St; 215 SW 356 St; and 225 SW 356 St; and
WHEREAS, on May 13, 2009, , 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 43.21 C; RCW; and
WHEREAS, the Federal Way Hearing Examiner on February 16, 2011, held a public
hearing concerning Retreat Meadows preliminary plat; and
WHEREAS; following the conclusion of said hearing, on March 2, 2011, the Federal
Way Hearing Examiner issued a written Report and Recommendation containing findings and
conclusions, and recommending approval of Retreat Meadows 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 April 19, 2011, the City Council considered the record and the Hearing
Examiner recommendation on Retreat Meadows preliminary plat, pursuant to Chapter 20 of
Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes.
Resolution No. 11-603 Page 1 of 4
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. Adoption of Findings of Fact and Conclusions.
1. The findings of fact and conclusions of the Hearing Examiner's March 2, 2011
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. An�
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. A�plication 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, Retreat Meadows preliminary plat, Federal Way File No. 08-
101729-00 SU, is hereby approved, subject to conditions as contained in the March 2, 2011,
Report and Recommendation of the Federal Way Hearing Examiner (Exhibit A).
Resolution No. 11-603 Page 2 of 4
Section 3. Conditions of Approval Inte r�al. 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 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 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.
Resoluteon No. I I-603 Page 3 of 4
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this 19 day of April, 2011.
ATTEST:
CITY OF FEDERAL WAY
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MAYOR, SK PRIEST
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APPROVED AS TO FORM:
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CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 4/12/2011
PASSED BY THE CITY COiTNCIL: 4/19/2011
RESOLUTION NO.: 11-603
Resolution No. 1/-603 Page 4 of 4