RES 20-777 - Declaring Intent to Rezone Property related to Creekside Commons Townhomes RESOLUTION NO. 20-777
A RESOLUTION of the City of Federal Way,Washington,of its intent
to rezone property related to the Creekside Commons Townhomes, a
zero-lot line town house project, Federal Way File Nos. 18-100743-SU,
18-100740-UP, and 18-100741-UP.
WHEREAS, the applicant, Blue Fern Development LLC, on behalf of the property owner
Norman Moberg, applied to the City of Federal Way for quasi-judicial project-related rezone of
certain real property consisting of three parcels of land totaling 10.18 acres from Residential Multi-
Family 3600 to Residential Multi-Family 2400. The project is located at 1802 and 1816 S. 333rd
Street,Federal Way,within the SW 1/4 of Section 6,Township 23 North,Range 4 East,W.M.,King
County, WA; and
WHEREAS,this proj ect-related rezone is being considered concurrently with a resolution for
a preliminary plat approval and wetland buffer reduction and enhancement,Resolution No.20-776;
and
WHEREAS, on February 22, 2019, the City issued an environmental Determination of
Nonsignificance(DNS)for the proposal,no appeals were filed,and the DNS was finalized on March
15, 2019; and
WHEREAS,on October 10,2019,the Federal Way Hearing Examiner held a public hearing
concerning Creekside Commons Townhomes preliminary plat and wetland buffer reduction and
enhancement and the instant project-related rezone; and
WHEREAS, on October 24, 2019, the Federal Way Hearing Examiner issued a written
Report and Recommendation containing findings and conclusions and recommending approval of
Creekside Commons Townhomes preliminary plat and wetland buffer reduction and enhancement
Resolution No. 20-777 Page I of 4
plan and the project-related rezone, subject to the conditions contained therein; and
WHEREAS,the Federal Way City Council has jurisdiction and authority pursuant to Section
19.75.140(5)to grant the application as proposed, modify and grant the application, or deny the
application; and
WHEREAS,the Federal Way City Council may grant or modify the application by adopting a
resolution of intent to rezone; and
WHEREAS, on January 7, 2020,the City considered the record and the Hearing Examiner
recommendation on Creekside Commons Project-related rezone pursuant to Title 19 FWRC.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1Adoption offindings of Fact_and wwConclusion.
(1) The findings of fact and conclusions contained in the Hearing Examiner's October 24,
2019 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.
Section 2 I?proval of latent to Re7onc.Based upon the recommendation of the Federal Way
Hearing Examiner and the findings of fact and conclusions contained therein as adopted by the City
Council immediately above for the Creekside Commons quasi-judicial project-related rezone,
Application No. 18-100740-UP,the City Council hereby adopts this Resolution of Intent to Rezone,
in conformance with and subject to the conditions contained in the October 24, 2019 Report and
Recommendation of the Federal Way Hearing Examiner(Exhibit A).If the applicant completes the
development of the property in conformity with this resolution and the October 24,2019 Report and
Resolution No. 20-777 Page 2 of 4
Recommendation of the Federal Way Hearing Examiner (Exhibit A), the City Council shall give
effect to the rezone by adopting an ordinance that makes the classification change to the zoning map
as set forth in this resolution and Exhibit A.
Section 3.Cc nlrtroq �)f Z%p1)roya.I Integral.The conditions of approval of the Quasi-Judicial
Project-related rezone and Resolution No. 20-776 are all integral to each other with respect to the
City Council finding that the public use and interest will be served by the subdivision and
development 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 58.17 and applicable City ordinances, rules, and regulations, and forward such
recommendation to the City Council for further action.
Sectioii 4. Sevcra iIity.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.
Resolution No. 20-777 Page 3 of 4
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 January, 2020.
CITY OF FEDERAL WAY:
EEL , MA Ob E .....................
ATTEST:
S *F =SNI
' E COURTNEY, C, CITY CLERK
APPROVED AS TO FORM:
2* Q4L
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK: 12/31/2019
PASSED BY THE CITY COUNCIL: 01/07/2020
RESOLUTION NO.: 20-777
Resolution No. 20-777 Page 4 of 4