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RES 21-815 - Approving Mirror Lake Highland Plat (21-102213-SU)RESOLUTION NO. 21-815 A RESOLUTION of the City of Federal Way, Washington, approving the Mirror Lake Highland Plat Alteration Application, Federal Way, Washington, File No. 21-102213-SU. WHEREAS, the Mirror Lake Highland preliminary plat (file 07-106874-SU) was approved by the City of Federal Way ("City") on November 4, 2008, and the Mirror Lake Highland final plat (file 18-104198-SU) was approved by the City Council on January 15, 2019, via City Council Resolution 19-748; and WHEREAS, at the time the Mirror Lake Highland preliminary plat application and the final plat application were approved by the City, Federal Way Revised Code ("FWRC") 19.250.150 provided for an affordable housing density bonus applicable to the Mirror Lake Highland cottage housing development ("CHD"); and WHEREAS, FWRC 19.250.150 was titled: "Affordable housing bonus in RS zoning classifications", and stated in relevant part: "In the RS zones, CHDs that include affordable units may exceed the base level of 12 dwelling units up to a total of] 6 dwelling units (assuming adequate overall lot size). One-half of all dwelling units over the base level of 12 must be affordable (for example, a total offour additional dwelling units may be permitted if two of these are affordable)"; and WHEREAS, pursuant to the version of FWRC 19.250.150 in effect at the time of preliminary and final plat approval, a note ("Note 5") was placed on the Mirror Lake Highland final plat map implementing FWRC 19.250.150 and requiring affordable housing on lots 7 and 13; and WHEREAS, Note 5 provides: "Affordable Housing Lots — Lots 7 and 13 are designated as affordable housing units per City of Federal Way Cottage Housing Ordinance, Federal Way Revised Resolution No. 21-815 Page 1 of 4 Code Chapter 19.250, Section 19.250.150. The affordable housing sales covenant, as approved by the City, shall be in force for 15 years from initial occupancy."; and WHEREAS, City Council Ordinance 20-899 approved by the City Council on November 4, 2020, repealed FWRC 19.250.150 and the associated affordable housing density bonus provision in its entirety, and changed the maximum unit count for a CHP from 12 to 16 units; and WHEREAS, following City Council adoption of Ordinance 20-899, the original applicant and the majority of current owners of lots in Mirror Lake Highland Plat submitted a plat alteration application, City File No. 21-102213-SU ("Application") pursuant to FWRC 18.45.020 seeking to eliminate the affordable housing requirement on lots 7 and 13 contained in Note 5; and WHEREAS, elimination of Note 5 on the final plat, if approved, would allow lots 7 and 13 to be developed and sold without an affordable housing requirement; and WHEREAS, the Application is consistent with FWRC Ordinance 20-899, which repealed the previously existing affordable housing bonus and changed the maximum unit count for a CHD from 12 to 16 units; and WHEREAS, no other portions of the FWRC require any designated affordable housing lots in a 16-lot single family plat; and WHEREAS, on August 11, 2021, the Federal Way Hearing Examiner ("Hearing Examiner") conducted a properly noticed public hearing on the Application; and WHEREAS, on August 25, 2021, the Hearing Examiner issued Findings of Fact, Conclusions of Law, and Recommendation of the Federal Way Hearing Examiner ("Hearing Examiner Recommendation") on the Application, which is hereby incorporated by reference as though set forth in full; and Resolution No. 21-815 Page 2 of 4 WHEREAS, on October 4, 2021, the City Council Land Use and Transportation Committee reviewed and considered the Application and the Hearing Examiner Recommendation; and WHEREAS, on October 19, 2021, the Federal Way City Council reviewed and considered the Application and the Hearing Examiner Recommendation. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: .Section 1. Application Approval. The Mirror Lake Highland Plat Alteration Application, City of Federal Way File No. 21-102213-SU, is approved based upon the Hearing Examiner Recommendation as incorporated herein. Section 2. Recording. The approved and signed altered plat together with all legal instruments pertaining thereto, as required by all applicable codes, shall be recorded with the King County Recorder's Office. The applicant shall pay all recording fees. Section 3. 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 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 correction of scrivener/ clerical errors, references, resolution numbering, section/subsection numbers, and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Resolution No. 21-815 Page 3 of 4 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 19th day of October, 2021. CITY OF FEDERAL WAY: ATTEST: )�&' Mw , 1 7 60(n S A E COURTNkJCMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 10/13/2021 PASSED BY THE CITY COUNCIL: 10/19/2021 RESOLUTION NO.: 21-815 Resolution No. 21-815 Page 4 of 4