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RES 19-748 - Approving Mirror Lake Highland Final Plat RESOLUTION NO. 19-748 A RESOLUTION of the City of Federal Way, Washington, approving the Mirror Lake Highland Final Plat, Federal Way, Washington, File No. 18-104198-00-SU. WHEREAS, the Federal Way City Council in 2006 adopted a Cottage Housing ordinance that authorized cottage housing projects on a demonstration project basis; and WHEREAS, the 16-unit cottage housing project known as Mirror Lake Highland Cottages, designed by owner William J. McCaffrey, was selected by the Cottage Housing Selection Committee to advance forward as a demonstration cottage housing project subject to certain conditions; and WHEREAS, on September 26, 2008, the Federal Way Hearing Examiner conducted a public hearing on the Mirror Lake Highland Preliminary Plat application resulting in the report and recommendation of the Federal Way Hearing Examiner, dated October 10, 2008; and WHEREAS, the Mirror Lake Highland Preliminary Plat, City of Federal Way File No. 07-106874-00-SU, was approved subject to conditions on November 4, 2008, by Federal Way City Council Resolution No. 08-535, which adopted the Hearing Examiner's findings and conclusions subject to revisions identified as Exhibit B Corrections to the Staff Report Entered into the Record on September 26, 2008; and WHEREAS, prior to the expiration of the preliminary plat approval, the Community Development Department approved extensions to the preliminary plat approval, dated August 8, 2014 and November 3, 2017; and WHEREAS, the applicant has satisfied or guaranteed all of the conditions set forth in Resolution 08-535 and the conditions of the plat approval extensions; and Resolution No. 19-748 Page 1 of 5 WHEREAS, the City of Federal Way's Community Development Department 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 Community Development Department Staff Report, dated January 7, 2019, which is hereby incorporated by reference as though set forth in full; and WHEREAS, the City Council Land Use and Transportation Committee reviewed and considered the application and staff report for the Mirror Lake Highland Final Plat during its meeting on January 7, 2019; and WHEREAS, the City Council reviewed and considered the application and staff report for the Mirror Lake Highland Final Plat during the City Council's regular meeting on January 15, 2019. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Findings and Conclusions. 1. The Mirror Lake Highland Final Plat, City of Federal Way File No. 18-104198-00- SU, is in substantial conformance to the preliminary plat 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 staff report, dated January 7, 2019, 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, Resolution No. 19-748 Page 2 of 5 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 Federal Way City Council Resolution No. 08-535, dated November 4, 2008, have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by the application's vested provisions of Federal Way City C ode 20-135. 5. All required improvements for final plat approval have been made, and/or sufficient bond, cash deposit, or assignment of funds have been accepted as guarantee for completion and maintenance of all required plat improvements as identified in the 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. Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section 1 above, the Mirror Lake Highland Final Plat, City of Federal Way File No. 18-104198- 00-SU, is approved as identified in the January 7, 2019 staff report. 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 with the King County Recorder's Office. 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 Resolution No. 19-748 Page 3 of 5 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. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this 15th day of January, 2019. [Signature Page Follows] Resolution No. 19-748 Page 4 of 5 CITY OF FEDERAL WAY: JI►. ER'ELL, MAYOR ATTEST: STE' - A IE COURTNEY, CMC, 141Y CLERK APPROVED AS TO FORM: ?)-2- J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 01/09/2019 PASSED BY THE CITY COUNCIL: 01/15/2019 RESOLUTION NO.: 19-748 Resolution No. 19-748 Page 5 of 5