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2020, repealed FWRC 19.250.150 and the associated affordable housing density bonus provision in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