RES 20-776 - Approving Creekside Commmons Townhomes RESOLUTION NO. 20-776
A RESOLUTION of the City of Federal Way,Washington approving the
zero-lot line townhouse preliminary plat for Creekside Commons
Townhomes project and the associated wetland buffer reduction with
buffer enhancement, Federal Way File Nos. 18-100743-SU 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 preliminary plat approval and wetland
buffer reduction with enhancement plan,for the Creekside Commons Townhomes project,in order
to subdivide certain real property consisting of three parcels of land totaling 10.18 acres, into 94
individual single-family townhome lots and associated infrastructure located at 1802 and 1816 S.
333rd Street,Federal Way within the SW'/4 of Section 6,Township 23 North,Range 4 East,W.M.,
King County, WA; and
WHEREAS, the project is being considered concurrently with a resolution for a project-
related rezone, Resolution No. 20-777,which must be approved for the project to move forward as
proposed by the applicant; and
WHEREAS,under the normal review process for preliminary plats, Chapter 18.35 FWRC,
the Hearing Examiner issues a written decision approving,conditioning,or denying the preliminary
plat; however, under FWRC 19.15.060, where more than one application is required for a given
project, all applications required for the project shall be subject to the highest level of process that
applies to any of the individual applications; and
WHEREAS,the Hearing Examiner consolidated the preliminary plat,proj ect-related rezone
and wetland buffer reduction and enhancement into one review process under the highest review
Resolution No. 20-776 Page 1 of 6
process for the applications,which is Process V,Chapter 19.75 FWRC for the project-related rezone;
and
WHEREAS, due to the consolidated review,the City Council shall make the final decision
on the Creekside Commons Townhomes preliminary plat and wetland buffer reduction and
enhancement plan pursuant to Process V, Chapter 19.75 FWRC; and
WHEREAS,this resolution for preliminary plat approval and wetland buffer reduction and
enhancement has complied with Process V review, Chapter 19.75 FWRC; and
WHEREAS, on February 22, 2019, the City issued an environmental Determination of
Nonsignificance (DNS) was properly issued 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 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
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 to approve, deny, or modify the application; and
WHEREAS,on January 7,2020,the Federal Way City considered the record and the Federal
Way Hearing Examiner recommendation on Creekside Commons Townhomes zero lot line
Resolution No. 20-776 Page 2 of 6
preliminary plat and wetland buffer reduction and enhancement pursuant to Titles 18 and 19 FWRC;
and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. Adoption of findings of Fact.and Conclusion.
(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.
(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 and wetland buffer reduction with enhancement makes appropriate provisions for the
public health, safety, and general welfare,
(3) The proposed subdivision provides for adequate 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
(4) The proposed subdivision provides for sidewalks and other planning features to assure
safe walking conditions for students; and
(5) The subdivision provides for adequate protection for critical areas and buffers in
accordance with Chapter 19.145 FWRC.
Resolution No. 20-776 Page 3 of 6
Section 2. Conclusion. Pursuant to Chapter 19.80 FWRC and Chapter 19.75 FWRC and
based upon the recitals and the findings set forth in Section 1,the Federal Way City Council makes
the following Conclusions of Law with respect to the decisional criteria necessary for the approval of
said proposal:
(1) The proposed preliminary plat and wetland buffer reduction and enhancement are
consistent with the following Federal Way Comprehensive Plan goals and policies:
• LUP1 Use development standards and design guidelines to maintain neighborhood
character and ensure compatibility with surrounding uses.
• LUP2 Use zoning regulations to achieve a greater range of housing options in multi-
family designations.
• LUG4 Provide a wide range of housing types and densities commensurate with market
demand, adopted housing targets, and the community's needs and preferences.
• LUP64 Consider incentives for desired types of multi-family residential development
(townhouses, duplexes, etc.).
(2) The proposed preliminary plat and wetland buffer reduction and enhancement bears a
substantial relationship to the public health,safety,and welfare because it allows for development of
additional housing needs in the City of Federal Way, and meets all laws and regulations;
(3) The proposed subdivision and buffer reduction are in the best interest of the public and
the residents of the City of Federal Way because it allows for additional housing development.
Section 3. Basis of Approval.Based upon the recommendation of the Federal Way Hearing
Examiner and findings and conclusions contained therein, as adopted by the City Council
iinnicdiatcly above, Creekside Commons Prelimiaaty Plat and Wetland Buffer Redaction with
Enhancement Plan, Federal Way File Nos. 18-100743-SU and 18-100-741-UP, respectively, are
hereby approved, subject to conditions contained in the October 24, 2019 Report and
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Recommendation of the Federal Way Hearing Examiner(Exhibit A).
Section 4. Conditions o ' App. o l lam. The conditions of approval of the preliminary
plat and wetland buffer reduction with enhancement plan 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 and wetland
buffer reduction and enhancement 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.
metioi.55. 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 6. 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. 20-776 Page 5 of 6
Section 7.Ratification.Any act consistent with the authority and prior to the effective date of
this resolution is hereby ratified and affirmed.
SectionIT8.Effective Date.This resolution shall be effective immediately upon passage by the
Federal Way City Council in accordance with FWRC 19.75.160.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this 7th day of January, 2020.
CITY OF FEDERAL WAY:
WEL AYOR
ATTEST:
S" " TI NII COURTNEY, C:' ", C ITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK: 12/31/2019
PASSED BY THE CITY COUNCIL: 01/07/2020
RESOLUTION NO.: 20-776
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