Res 97-264
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RESOLUTION NO.
97-264
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS
THE APPLICATION FOR THE BELMOR REGIONAL STORMWATER
DETENTION POND FACILITY AND STÖRM DRAÍNAGE
IMPROVEMENTS, FEDERAL WAY FILE NO. UPR96-0045.
WHEREAS, the applicant, the City of Federal Way, applied
to the City of Federal Way for approval of a project to construct
a regional stormwater detention pond facility and associated storm
drainage improvements at six sites in the vicinity of South 324th
Street
and
S.
336th
street,
adjacent
to
20th
Avenue
S.
("Application"); and
WHEREAS,
pursuant to Federal Way City Code
("FWCC")
Section 22-678
et seq.,
the Application requires Process
III
review; and
WHEREAS, a determination of non-significance ("DNS") was
issued for this proposal on January 29, 1997, pursuant to the FWCC
and the State Environmental Policy Act ("SEPA"), and the DNS was
not appealed; and
WHEREAS, FWCC section 22-490(d) contains certain criteria
for the consideration of a Process III application; and
WHEREAS,
all
public
notice
having
duly been
given
pursuant to FWCC Section 22-480; and
WHEREAS, the Federal Way Land Use Hearing Examiner held
a public hearing on March 11, 1997, concerning the application; and
Res. #97-264, Page 1
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WHEREAS, at the conclusion of the hearing and subsequent
discussion between the Applicant and adjacent property owners,
Federal
Way
Land
Use
Hearing
Examiner
issued
its
Findings,
Conclusions, Conditions, and Recommendations on' October'14, 1997;
and
WHEREAS, the City Council of the City of Federal Way is
the governmental body now having jurisdiction and authority to pass
upon the approval, denial or modification of the conditions of said
Application pursuant to FWCC Section 22-490; and
WHEREAS ,
this matter having been considered by the
Federal Way City Council Land Use/Transportation Committee at its
meeting on November 17,
1997,
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 Findings, Conclusions, and Recommendations of the
Hearing Examiner, pursuant to Chapter 22 of the FWCC and all other
applicable City codes; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY
RESOLVES AS FOLLOWS:
Section 1.
Findinas
of
Fact.
Conditions
and
Conclusions.
The
Findings,
Conclusions,
Conditions
and
Recommendations of the Federal Way Land Use Hearing Examiner issued
on October 14, 1997, following a hearing held on March 11, 1997, a
recommending approval of the City of Federal Way's application to
Res. # 97-26l¡ Page 2
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construct
a
regional
stormwater
detention
pond
facility
and
associated improvements subject to certain conditions, are hereby
adopted as the Findings, Conclusions and Conditions of the City
Council.
Section 2.
ADDlicatjon aDDroval.
Based upon the
Findings,
Conclusions,
Conditions
and
Recommendations
of
the
Federal Way Land Use Hearing Examiner, as adopted by reference by
the City Council set forth herein, the application of the City of
Federal Way to construct a regional stormwater detention pond
facility and associated improvements, Federal Way File No. UPR 96-
0045, is hereby approved subject to the conditions contained in the
Recommendation of the Federal Way Land Use Hearing Examiner report
for this matter dated October 14, 1997, attached hereto as Exhibit
A and incorporated by reference.
Section 3
Conditions
of
ADDroval
Intearal.
The
conditions of approval of the facility are all integral to each
other with respect to the City Council finding that public use and
interest
will
be
served by the
construction of
the
regional
stormwater detention pond facility and associated improvements.
Should any court having jurisdiction over
the
subject matter
declare any of the conditions invalid, then, in said event, the
approval granted in this resolution shall be deemed void, and the
Application shall be remanded to the Hearing Examiner for the City
of Federal Way to review the impacts of the invalidation of any
condition or conditions and conduct such additional proceedings as
Res. # 97-264
Page 3
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are necessary to assure that the Application makes appropriate
provisions for the public health, safety and general welfare and
other
factors
as
required by
applicable
County
and/or
City
ordinances, rules and regulations and forward such recommendation
to the City Council for further action.
Section 4
Severabilitv.
I f 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 ~ay of
lx ( ~ J7LúM /
, 1992.
CITY OF FEDERAL WAY
\
/ /? {;~--£. ~ --do ~
MAYOR, MARLON S. PRIEST
ATTEST:
C2 ~L( ~,,~ G~
Res. #97-264, Page 4
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APPROVED AS TO FORM:
~~ LONDI K. LINDELL --.."
FILED WITH THE CITY CLERK: 11-25-97
PASSED BY THE CITY COUNCIL: 12-02-97
RESOLUTION NO. 97-264
I:\spr\pUbwork\belpond\resolutn.txt
K, \RESO\FORM. 11\20\97
Rev. 12/23/96
Res. #97~264, Page 5