Res 95-211
RESOLUTION NO.
95-211
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS
THE VILLAGE GREEN OF FEDERAL WAY; (FEDERAL WAY FILE
NO. UPR 95-0005, FEDERAL WAY HEARING EXAMINER NO.
95-9.
WHEREAS, Huntington Park Builders, Inc. ("Applicant"), has
a possessory ownership interest in property totaling approximately
13.17
acres
located
at
35419
1st Avenue
South,
Federal
Way,
Washington ("Property"); and
WHEREAS, the Applicant is proposing to develop Phase I of
a multi-phased project consisting of
independent and assisted
living units for seniors.
Phase 1 will consists of 90 residential
units.
Building A and B shall include forty independent living
units, thirty-four assisted living units.
A "Connector" building
shall house services such as a dining area, kitchen and activity
room, etc.
sixteen independent living units will be within eight
duplexes.
The total square footage of all Phase I structures is
approximately 100,900 square feet (according to the site plan); and
WHEREAS, the Property is zoned RS 7. 2 ,
Single Family
Residential, and under RS 7.2 zoning, senior citizen housing is an
allowed use subject to Use Process III review and approval pursuant
to Federal Way City Code ("FWCC"), section 22-640; and
WHEREAS, a mitigated determination of non-significance
("MDNS")
was
issued by the City of
Federal
Way's Responsible
Official for this application on May 30, 1995, pursuant to the FWCC
Res. # 95-2: .l Pagel ~
copy
and the state Environmental Policy Act ("SEPA") and the MONS was not
appealed; and
WHEREAS,
all
public
notices
having
duly
been
given
pursuant to FWCC section 22-480; and
WHEREAS, pursuant to FWCC section 22-482, the Federal Way
Hearing Land Use Examiner held a public hearing on the application
on July 25, 1995; and
WHEREAS, at the conclusion of said hearing, the Federal
Way
Land
Use
Examiner
issued
its
Findings,
Conclusions
and
Recommendation with Conditions on August 18, 1995; and
WHEREAS, the city council of the City of Federal Way is
the governmental body having jurisdiction and authority to pass
upon the approval, denial and modification of the Application,
pursuant to the FWCC; and
WHEREAS,
FWCC section 490(d)
contains the decisional
criteria for the Federal Way city Council's consideration of a
Process III application; and
WHEREAS,
this
matter
having
been
considered
by
the
Federal Way City council Land Use/Transportation Committee at its
meeting
on August
28,
1995,
for
the purpose
of
issuing
its
recommendation for conditional approval of the Application to the
full City Council; and
WHEREAS, the City council having considered the written
record and the Recommendation of the Hearing Examiner, pursuant to
FWCC Section 22-490 on this date;
NOW THEREFORE, THE CITY COUNCIL
OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS:
Res. # 95-2ll, Page#~
section 1.
Findinas of Fact
Conclusions and Decision.
The Findings of Fact and Conclusions of Law contained in the
Recommendation of the Federal Way Land Use Hearing Examiner issued
on August 18, 1995, following a public hearing held on July 25,
1995,
a
copy of which
is attached hereto as
Exhibit "A"
and
incorporated herein by this reference
("Recommendation") ,
which
included a recommendation to approve the Application for Phase I of
a multi-phased project consisting of
independent and assisted
living units for seniors, all subject to conditions listed on pages
8
and
9
of the Hearing Examiner's Recommendation,
are hereby
adopted as the Findings of Fact and Conclusions of Law of the
Federal Way City Council.
section 2.
Application ~pproval.
Based upon the Federal
Way city Council's Findings of Fact and Conclusions of Law, as
adopted by the City Council pursuant to section 1 herein,
the
Application for The Village Green of Federal Way, Federal Way File
No. UPR95-0005, Federal Way Hearing Examiner No. 95-9, is hereby
approved su~ject to conditions listed on pages 8 and 9 of the
Hearing Examiner's Recommendation.
section
3.
Conditions
of
~pproval
Intearal.
The
conditions of approval of the Application are all integral to each
other with respect to the Federal Way City Council finding that the
public use and interest will be served by the approval of the
Application and modifications contained therein.
Should any court
having jurisdiction of the subject matter declare any of the
conditions invalid then, in said event, the approved Application
Res.#95-2ll, Page#~
and modifications granted in this resolution shall be deemed void,
and the Application shall be remanded to the City of Federal Way
Land Use Examiner to review the impacts of the invalidation of any
condition or conditions and conduct such additional proceedings as
are necessary to insure that the Application makes appropriate
provisions for the public health, safety and general welfare and
applicable City ordinances, rules and regulations and forward such
recommendation to the City Council for further action.
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 unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase
of this resolution.
Section 5.
Ratification.
Any act consistent with the
authority and prior to the effective date of the resolution is
hereby ratified and affirmed.
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 ~ day of
Septenber
, 1995.
CITY OF FEDERAL WAY
MA~~C:~~
ATTEST:
Res. # 95-2ll, Page#~
~ /GI~~
CITY CLERK, N. CHRISTINE GREEN {¿/?le!-
t
APPROVED AS TO FORM:
~ ~~DI K. LINDELL~
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 95-211
08-29-95
09-05-95
K, \RESO\FORM
Rev. 3-22-95
Res. # 95-2l~ Pagel ~