Res 01-348
RESOLUTION NO. 01-348
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, APPROVING
WITH CONDITIONS THE PRELIMINARY PLAT OF
TUSCANY, FEDERAL WAY FILE NO. OO-lO43I3-00-SU.
WHEREAS, the applicant Brooks Powell of Powell Home Builders, applied to the City of
Federal Way for preliminary plat approval to subdivide certain real property known as Tuscany
and consisting of 6.32 acres into twenty-two (22) single family residential lots located east of 4th
Avenue SW as extended, at SW 353rd Street as extended; and
WHEREAS, on June 23, 2001, a Mitigated Environmental Determination of
Nonsignificance (MONS) was issued by the Director of Federal Way's Department of
Community Development Services pursuant to the State Environmental Policy Act, RCW
43.2IC, and no one appealed the MDNS; and
WHEREAS, the Federal Way Land Use Hearing Examiner held a public hearing on
September 4, 2001 concerning the preliminary plat of Tuscany; and
WHEREAS, following the conclusion of said hearing, on September 18,2001, the Federal
Way Land Use Hearing Examiner issued a written Report and Recommendation containing
, findings, and conclusions and recommending approval of the prelirninary plat of Tuscany subject
to conditions set forth therein; and
WHEREAS, on October 1, 2001, the City Council Land Use and Transportation
Committee considered the record and the Hearing Examiner recommendation and voted to
forward a recommendation for approval of the proposed preliminary plat of Tuscany to the full
City Council, with no changes to the hearing Examiner recommendation; and
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WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to
Section 20-127 of the Federal Way City Code to approve, deny or modify a preliminary plat
and/or its conditions; and
WHEREAS, on October 16, 2001, the City Council considered the written record and the
Recommendation of the Hearing Examiner, pursuant to Chapter 20 of Federal Way City Code,
Chapter 58.17 RCW, and all other applicable City Codes;
Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Adoption of Findings of Fact and Conclusions.
1.
The findings of fact and conclusions of the Land Use Hearing Examiner's
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 makes appropriate provisions for the public health, safety, and general welfare, and
for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops,
potable water supplies, sanitary waste, parks and recreation, play grounds, and schools and
school grounds, and all other relevant facts as are required by City Code and state law, and
provides for sidewalks and other planning features to assure safe walking conditions for students
who walk to and from schooL
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3.
The public use and interest will be served by the preliminary plat approval
granted herein.
Section 2. Application Approval. Based upon the recommendation of the Federal Way
Land Use Hearing Examiner and findings and conclusions contained therein as adopted by the
City Council immediately above, the preliminary plat of Tuscany, Federal Way File No. 00-
I 043 I 3-00-SU, is hereby approved, subject to conditions as contained in the Recommendation of
the Federal Way Land Use Hearing Examiner dated September 18, 2001 (Exhibit A).
Section 3.
Conditions of Approval Integral.
The conditions of approval of the
preliminary plat are all integral to each other with respect to the City Council finding that the
public use and interest will be served by the platting or subdivision 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 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 Chapter 58.17 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.
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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
16thDA Y OF November October
,2001.
CITY OF FEDERAL WAY
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CITY CLERK, N. CHRISTINE GREEN, CMC
ApPROVED AS TO FORM:
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CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK:
10/09/01
PASSED BY THE CITY COUNCIL: 10/16/01
RESOLUTION No.
01-348
Resolution No, 01-
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