Loading...
Findings and Conclusions Redondo Heights TOD – Site C 21-104847-UP / Doc. I.D. 82323 Findings of Facts and Conclusions Page 1 of 10 EXHIBIT A FINDINGS OF FACTS AND CONCLUSIONS Federal Way Revised Code (FWRC) Chapter 19.65, “Process III Project Approval” REDONDO HEIGHTS TOD - SITE C, FILE #21-104847-00-UP The Director of Community Development hereby makes the following findings pursuant to content requirements of the Process III written decision as set forth in Federal Way Revised Code (FWRC) 19.65.100(4). These findings are based on review of existing city documents and items submitted by the applicant and received November 24, 2021, and resubmitted April 1, 2022, and May 31, 2022. 1. Proposal – The applicant proposes the construction of a new mixed-use development on vacant 1.4-acre site; 72 units in two buildings, one mixed-use building along the right-of-way that includes a 6,570 sq. ft. food bank and 3-story residential floors, one connected 5-story residential building with below grade parking, and 2,336 sq. ft. stand-alone office building. Site improvements such as paved parking, landscaping, surface water, are included. 2. Site Condition – The vacant site is approximately 1.4 acres and comprised of parcels 720480-0188 and 720480-0190. The adjacent Sliver Shadows apartments, parcel 720480-0186 and Redondo Heights TOD Site A, parcels 720480-0172 and 720480-0174, are under the same ownership and will be treated as one development. The site is located south of South 276th street and Pacific Hwy South to the west. The site is vegetated with a few trees, grasses, and various underbrush. Remnants of demolished structures remain on site. Site topography generally slopes down to the north with elevation change across the property by approximately 10 feet. The site is adjacent to existing multifamily residential units (Silver Shadows) to the east, King County Park and Ride facility to the north, and vacant commercial property to the south. 3. Boundary Line Adjustment – The subject property consists of two vacant parcels and the adjacent Silver Shadows and Redondo Heights TOD Site A parcels. As proposed, the proposed buildings will be constructed over a property line. A Boundary Line Adjustment (BLA) application is required to be submitted to remove or relocate the interior lot lines where buildings do not meet the minimum required setback. A condition of approval will require the BLA to be recorded with King County Recorder’s Office before the issuance of any building permit. In addition, a condition will require that site, civil, and landscape drawings submitted with the building permits show the revised lot layout in accordance with the recorded BLA. 4. Zoning and Comprehensive Plan – Zoning for the subject site is Community Business (BC). Multifamily housing, office, and food bank are permitted use in the BC zone subject to the provisions of FWRC 19.220.050, “Multifamily dwelling units,” and FWRC 19.220.010, “Office/retail – Manufacturing and production, limited.” The Federal Way Comprehensive Plan (FWCP) designation for the subject site is Community Business. 5. Review Process – The project requires review under Process III, Project Approval. The Director of Community Development makes a written decision on the application based on criteria listed under FWRC 19.65.100. Appeals of the director’s decision are conducted by the city’s Hearing Examiner. 6. State Environmental Policy Act (SEPA) – The proposed improvements exceed categorical exemption levels according to Washington Administrative Code (WAC) 197-11-800. An environmental checklist was submitted to the city for review. The city was lead agency and after using the Optional Determination of Nonsignificance (DNS) notice process, issued a Determination of Nonsignificance (DNS) on May 10, Redondo Heights TOD – Site C 21-104847-UP / Doc. I.D. 82323 Findings of Facts and Conclusions Page 2 of 10 2022. The appeal period ended May 31, 2022, with no appeals submitted; therefore, the determination has become final. 6. Public Notice – According to Process III regulations, the application was deemed complete on December 21, 2021, and a combined Notice of Application and Optional DNS was published in the Federal Way Mirror, posted on the subject property, posted on the city website, and mailed to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property on December 31, 2021. 7. Public Comments – The comment period ended January 17, 2022. No comment letters were received on the application or the DNS. 8. Bulk & Dimensional Requirements – The majority of the proposed buildings are subject to the following required yards, lot coverage, height, and parking standards outlined in FWRC Use Zone Chart 19.220.050. The stand-alone office building is subject to the standards outlined in FWRC 19.220.010. Required Yard – The required minimum yard setbacks are the same as the regulations for the ground floor use. The ground floor use of the mixed-use building includes the food bank, small café, and social space. The other residential building, connected by a sky bridge, have residential units on the ground floor. Of the ground floor uses listed here, retail is the only one with an accompanying use zone chart and setbacks for that use are 0 feet. Similarly, for the stand-alone office building required yards are 0 feet on all sides. As shown on the site plan all structures meet setback requirements. Lot Coverage – None required for multi-family and retail uses; buildable area is determined by other site development requirements. Height – The height permitted is a maximum of 65 feet above average building elevation (AABE). For the stand-alone office building the height permitted is a maximum of 35 AABE. The height requirements are satisfied. According to FWRC 19.110.060(a), “Exceptions,” rooftop appurtenances may exceed the applicable height limitation by a maximum of four feet if the area of all appurtenances and screening does not exceed 10 percent of the total area of the building footprint. These appurtenances must be located in such a way as to minimize view blockage. Parking – Parking requirements for multi-family development in the BC zone varies by the unit type and is identified in the multi-family use zone chart Note 6. Parking spaces shall be provided as follows: studio dwelling units – 1.25 per unit; one-bedroom dwelling units – 1.5 per unit; and dwelling units with two bedrooms or more – 2.0 per unit. Per FWRC 19.130.040 if the formula for determining the number of parking spaces results in a fraction, that fraction will be rounded up to the next higher whole number. The proposal includes 17 one-bedroom units (17 x 1.5=25.5); and 32 two-bedroom units (32 x 2=64), and 23 three-bedroom units (23 x 2=46) for a total of 136 required parking spaces (25.5+64+46=135.5). Per Note 7, dwelling unit parking stalls are in addition to required parking for all non-residential ground floor uses. Ground floor uses in the residential buildings are noted above. The proposed food bank space on the ground floor level of the residential building is approximately 6,245 square feet. Per Note 14, an applicant may choose to submit a parking study per FWRC 19.130.080(2). In addition, per FWRC 19.130.020(2), guest parking for residential uses may be required in excess of the required minimum parking spaces. The applicant submitted a parking analysis prepared by Transportation Engineering Northwest (TENW). The parking analysis includes Redondo Heights TOD Site A and the exiting Silver Shadows Apartment. At full buildout, the Redondo Heights TOD, Site A, Site C and Site B (existing Silver Shadows Apartments) would function as one residential community. Site C proposes 72 apartment units and 6,245 Redondo Heights TOD – Site C 21-104847-UP / Doc. I.D. 82323 Findings of Facts and Conclusions Page 3 of 10 sq. ft food bank at street level with an apartment office building. Strict application of the FWRC parking requirements would result in 376 parking stalls for the apartment units and 22 parking stalls for retail uses (FWRC 19.220.010,1 parking stall for each 300 square feet of gross floor area for retail use), totaling 388 parking stalls. For the two proposed developments, Site A and Site C, 296 parking stalls are proposed in the parking analysis. Following review of the applicant’s parking analysis, comparable site survey, transportation demand management plan and internal staff analysis, the department will allow a reduction of parking to a rate of 1.48 spaces per dwelling unit will exceed peak parking demand for the proposal and a parking reduction to 1.48 stalls per unit is justified based on analysis of utilization rates of parking provided in similar developments in suburban locations. The site is also within the vicinity of Rapid Ride Transit stops, adjacent to the Redondo Heights Park-and-Ride, and near the future Sound Transit Light Rail Station at 272nd Street. The parking analysis document also indicates that the project management intends to implement a Transportation Demand Management (TDM) plan to provide incentives for alternative means of travel. Review by staff concludes the following; the local data had not been surveyed between 12 PM to 4 AM. However, according to the ITE 4th edition parking manual, considering the 95th percentile confidence level and ITE 5th edition analysis of peak demand using the equation the residential parking of 296 stalls is adequate. The ITE does not have a breakup for the number of rooms. Food Bank and apartment will share parking stalls and the peak time are different. As the peak demand times are different and shared parking will compensate others if any deficiencies. As a condition of approval, the applicant shall implement the TDM plan for residents and employees as indicated in the parking analysis. The applicant has submitted a shared use parking agreement for all three complexes that will make up the Redondo Heights TOD Development; Site A, Site B, and Site C, as described above. Redondo Heights and Silver Shadows are developing the Parcels in an integrated manner and to enhance the operational integration of the development the agreement allows shared use of the sidewalks, driveways and parking spaces. As a condition of approval, the Shared Use Parking Agreement, must be recorded prior to final inspection and/or issuance of Certificate of Occupancy of any associated building permit. 9. Landscaping – FWRC 19.125.060(6) contains required widths for landscaping in the BC zone, except as provided in FWRC 19.125.040. The required landscaping is five feet in width of Type III landscaping along all perimeter lot lines. The applicant proposes perimeter landscaping in compliance with FWRC 19.125.060(6)(a-c). Additionally, per FWRC 19.125.040(27) landscaping is not required along interior lot line within a development where parking is being shared. Per FWRC 19.125.070, Type IV landscaping shall be provided within surface parking areas at the following rate: for commercial developments, 20 sq. ft. per parking stall when up to 49 parking stalls are being provided. Residential developments with common parking areas, including multifamily, shall provide landscape areas at a rate of 15 sq. ft. per parking stall. The submitted landscape plan contains a “parking areas landscape calculation” section that states for 50 proposed parking stalls 750 sq. ft. of parking lot landscaping is required and 1,743 sq. ft. is provided (50 x 15=750). Parking lot landscaping has not been calculated correctly. The submittal contains 52 surface parking spaces, commercial and multifamily parking lot landscaping requirements differ, and per FWRC 19.125.070(3). is required with the building permit application. A condition of approval will require a breakdown of commercial spaces and multifamily spaces to be added to the plan submitted with the building permit. Final review of proposed landscaping will occur in conjunction with building permit review. Final landscape plans shall provide detailed planting plans indicating size, type, and location of all proposed landscape plantings. Redondo Heights TOD – Site C 21-104847-UP / Doc. I.D. 82323 Findings of Facts and Conclusions Page 4 of 10 10. Clearing & Grading – Grading of the site includes 4,756 cubic yards of cut and 2,193 cubic yards of fill. Clearing/grading activities will also be reviewed for consistency with applicable standards outlined in FWRC Chapter 19.120 as part of construction permitting. 11. Retaining Walls & Fences – The preliminary landscape plan includes details of retaining walls, which are subject to FWRC 19.120.120. Retaining walls are proposed to accommodate the site development and the grade change along Pacific Hwy South. For site fencing, a 6-foot height perimeter fence is proposed along the south property line following FWRC 19.125.160(5). 12. Open Space – Under FWRC 19.220.050 Special Note 11, multi-family residential development must provide usable open space in a total amount equal to at least 150 square feet per dwelling unit, and may include private spaces such as yards, patios, and balconies, as well as common areas such as playgrounds, recreation rooms, plazas, rooftop terraces, pools, active lobbies, atriums, or other areas the director deems appropriate. A minimum of 25 percent of the usable open space provided must be common open space. Private open space such as a yard, patio, porch, or balcony may be credited towards total residential usable open space, as long as the open space is a minimum of 48 square feet and minimum dimension of six feet. For the proposed 72 units, a minimum of 10,800 square feet of usable open space must be provided (150 square feet x 72 units), with a minimum of 2,700 square feet in common open space (25 percent x 10,800 square feet). The applicant submitted landscape plans with open space calculations (L.6004c), that indicate a total of 18,480 square feet of useable open space distributed in several different areas, including 11,194 square feet in common open space area. 13. Tree Retention/Replacement – According to FWRC 19.120.130, compliance with the city’s tree density requirements in the BC zone (20 tree units per acre) requires 28 tree units on the subject property’s 1.39 acres. The applicant submitted the required tree retention plan and 64 tree units will be provided on-site exceeding the minimum required tree units. This requirement is satisfied. 14. Community Design Guidelines – As detailed below, the project embodies site and building design principles consistent with the requirements of the Community Design Guidelines (FWRC Chapter 19.115). a. Crime Prevention Through Environmental Design (CPTED) i. A completed CPTED checklist was submitted and reviewed by the Federal Way Police Department. Comments from Lindsey Sperry, Crime Analyst and Prevention Specialist, were provided to the applicant. ii. Main entrances/exits are in view of the street, office, parking area, and/or driveway; easily recognizable. iii. Habitable rooms with windows are at the front of the dwelling. iv. Direct and visible pathways. v. Open spaces are clearly designated and easily observed by people. Parks, plazas, common areas, and playgrounds are placed in front of buildings. vi. The visibility of surface parking is maintained from driveways and buildings. vii. The preliminary lighting plan conforms to IESA standards. viii. Landscaping does not obstruct natural surveillance. b. Security Program – FWRC 19.115.040 i. The submittal provides a narrative that addresses the 16 strategies that are encouraged to be addressed in a security program for new stacked multifamily dwelling units c. Site Design – FWRC 19.115.050(1) General Criteria i. Pedestrian areas and amenities are incorporated in the overall site design and are easily seen, accessible, and located to take advantage of surrounding features such as building entrances Redondo Heights TOD – Site C 21-104847-UP / Doc. I.D. 82323 Findings of Facts and Conclusions Page 5 of 10 and open spaces. Landscaping and other amenities will be provided at the courtyard for the tenants. The site is designed so that physical features, activities, and people will be in visible locations to maximize their ability to be seen to aid in deterring crime. The tenants will share the use of other amenities throughout the development, including amenity building at Silver Shadows – Site B and the proposed Community Center at Redondo Heights TOD – Site A. ii. Access control is provided via use of lighting and security hardware. Building and site design will reflect ownership through the use of fences, lighting, paving, signs, and landscaping. iii. Required landscaping is provided, the parking aisles are looped, and driveways are visible. d. Site Design - FWRC 19.115.050(2)&(3) Surface Parking & Parking Structures i. Interior lot landscaping quantity and island dimensions, as conditioned, will meet the requirements. ii. Delineated pedestrian walkways are provided within the parking lot with connections to the building, surrounding development, and parking lot. iii. Loop access through the parking lot is provided. Directional signage will be installed. iv. Parking structure will be mostly below grade. The above grade portion will be architecturally consistent with exterior elements of the primary structure. v. Vehicle entrances will be located away from right-of-way. Decorative metal grills and overhead door will be architecturally consistent with overall design. e. Site Design - FWRC 19.115.050(4) Pedestrian Circulation and Public Space i. The food bank entrance will face the right-of-way. Building entrances will be clearly visible and identifiable from the street. ii. Pedestrian connections are delineated with separate paved routes are provided throughout the site from the right-of-way and bus stops to building entrances. Residential building entrance will be visible from internal main driveway and parking lot. iii. Pedestrian plazas, landscaping, bicycle rack, and trash receptacles are provided. f. Site Design - FWRC 19.115.050(6) Service Areas and Site Utilities i. All outdoor trash enclosure areas will be accessible and will be screened appropriately. See Finding #16, below, regarding garbage/recycling. ii. All above grade utilities will be screened accordingly. See Findings #15 and 17, below, regarding mechanical equipment and lighting. g. Building Design – FWRC 19.115.060 i. Building are designed to follow the grades and accommodate the natural slope of the site. ii. Fences and walls are required to meet code standards. iii. There are facades that are both longer than 60 feet and visible from a right-of-way or residential use and/or zone. The east and west wing must incorporate a minimum of two out of four design options including façade modulation, landscape screening, canopy/arcade, and pedestrian plaza. a. Both buildings incorporate a combination of modulation, canopies, foundation landscaping, and pedestrian plaza. iv. Buildings facades visible from the right-of-way include architectural features that include scaled modulation above food bank, roof overhands, eaves, windows, projections, material changes, and plane changes that add articulation to the overall design. v. A method used to reduce building massing is stepping, varying roof lines and slopes, material transitions and breaks, color changes, and other features such as exterior stairs, eaves and trim that will break the overall mass into smaller elements. h. Building and Pedestrian Orientation – FWRC 19.115.070 i. The west wing with food bank and office buildings are oriented to the right-of-way. ii. The plazas at the food bank and office building are accessible to pedestrians. iii. Courtyard and plaza are provided surrounded by residential buildings. This includes private gardens and terrace. Redondo Heights TOD – Site C 21-104847-UP / Doc. I.D. 82323 Findings of Facts and Conclusions Page 6 of 10 iv. The food bank has a street level entrance and is accessible from the public sidewalk. The entrance of the offices is visible and accessible from adjacent public sidewalk. i. Mixed-Use Residential Buildings in Commercial Zoning Districts – FWRC 19.115.080 v. The west wing building is a mixed-use building that faces Pacific Hwy South. Upper stories contain residential type design features and details, including individual windows, setbacks from the building face, gabled roof forms, variety of materials, colors, and textures. vi. Ground floor commercial components contain individual ground-level entrances to adjacent public sidewalks. vii. Commercial and residential components may have different architectural expressions, but the facade exhibits a number of unifying elements to produce the effect of an integrated project. viii. The project includes landscaped gardens and courtyards for private use by residents internally between the east and west wing, minimizing exposure to the right-of-way. j. District Guidelines – FWRC 19.115.090(1)(a)-(m) and (o)-(r) i. Surface parking is located behind or to the sides of the buildings. ii. Entrance facades are clearly visible and recognizable from the right-of-way and include canopies, windows, and methods of articulation and transparent glazing where appropriate. iii. The ground floor entrance to food bank and services have plaza features and streetscape amenities. Ground-level mirrored or reflective glass is not proposed adjacent to the right-of- way or pedestrian areas. iv. Landscape buffer is provided between part of the food banks elevated from the sidewalk and the public sidewalk, and between office building and sidewalk. v. The parking lot is broken up into rows containing no more than 10 adjacent stalls, separated by planting areas. vi. Pedestrian walkways are provided between the interior of the project and the public sidewalk. Walkways have been designed to be a minimum of six feet wide. vii. Lighting fixtures will not exceed 20 feet in height and include cutoff shields. viii. Principle entries to each building have been highlighted with small entry plazas, canopies, and plantings. ix. A landscaped courtyard is located between the east and west wings, with windows overlooking. x. Units on the ground floor have private patio spaces adjacent to them. xi. Carports and garages in front yards are not proposed. xii. At the upper (top) level the buildings are most distinguishable by a combination of hip roof with overhangs and slopes, no flat roof is proposed. The residential units serve at the middle. The west wing has the food bank that serves as the base of the building. The material and color of the floor set apart from the levels above to distinguish it as the base of the building. The bridge connecting the east and west wing is open on the ground floor. Materials, textures, color, and detail treatments further enhance the architectural features. xiii. Residential design features, such as entry porches, patios, windows with trim, gable ends, sloped roofs, overhangs, and offsets will be provided. 15. Mechanical Equipment –Per FWRC 19.110.070, rooftop mechanical equipment and similar appurtenances that extend above the roofline are required to be surrounded by a solid sight-obscuring screen that is integrated into the architecture of the building and obscures the view of the appurtenances from adjacent streets and properties. The submittal proposes all mechanical equipment will be architecturally screened from view. FWRC 19.115.050(6)(b) states that site utilities, including transformers and fire standpipes, should not be the dominant element of the front landscape area. When these must be located in a front yard, they shall Redondo Heights TOD – Site C 21-104847-UP / Doc. I.D. 82323 Findings of Facts and Conclusions Page 7 of 10 be either underground or screened by walls and/or Type I landscaping, and shall not obstruct views of tenant common spaces, public open spaces, monument signs, and/or driveways. All site utilities will be located out of the front, integrated into the site design and landscape. All above grade utilities will be screened. The final location of these site elements is not typically known at the time of land use application. Therefore, a condition of approval shall require this requirement to be addressed in the building permit plan set. 16. Garbage/Recycling – The project will utilize the existing trash enclosures on the current Silver Shadows – Site B, for pickup staging. Space requirements must meet the criteria outlined in FWRC 19.125.150. The garbage and recycling facility is not visible from abutting residential properties or rights - of-way and is screened by landscaping per FWRC 19.125.040(2)&(4). 17. Lighting – The proposal includes outdoor lighting. Per FWRC 19.105.030(3), “The applicant shall select, place and direct light sources both directable and nondirectable so that glare produced by any light source, to the maximum extent possible, does not extend to adjacent properties or to the right-of-way.” The applicant submitted a lighting plan. Considering the projected lighting levels and distance to adjacent uses, glare problems are not anticipated. 18. Tacoma Smelter Plume – The former Asarco copper smelter in Tacoma caused widespread soil contamination with lead and arsenic in parts of King, Pierce, Kitsap, and Thurston counties. This 1,000 square mile area is known as the Tacoma Smelter Plume. The state cleanup level for arsenic is 20 parts per million (ppm). According to the Department of Ecology map checked in 2022, the subject property is located in the Tacoma Smelter Plume detect area containing 20 ppm to 40 ppm predicted arsenic concentration. The applicant in consultation with Adapt Consulting, provided documentation to the Department of Ecology, in which soil samples were collected on-site and submitted for testing. Based on the results of the soil sampling and report, Ecology concluded that the average soil concentrations were below the cleanup level for arsenic or lead. Ecology does not recommend this property enter the Voluntary Cleanup Program. No soil remediation for the contamination associated with the Tacoma Smelter Plume is needed for this property. 19. Affordable Units – A minimum of five percent, or 4 (72 x 0.05=3.6) of the 72 units must be considered affordable as defined by FWRC 19.110.010. “Affordable units” for rental housing means dwelling units that are offered for rent at a rate that is affordable to those individuals and families having incomes that are 50 percent or below the median county income. According to the applicant, all units will be offered for rent at a rate that is affordable to those individuals and families with incomes that are 50 percent or below the median county income. A condition of approval will require that prior to final inspection and/or issuance of a Certificate of Occupancy for any building, an agreement in a form approved by the city requiring affordable dwelling units to remain as affordable housing for the life of the project must be recorded with the King County Recorder’s Office by the applicant. 20. Additional Permitting – Additional permitting, such as engineering review and/or building permits, are required for site development. It is the applicant’s responsibility to identify and obtain all required city, state, federal, and other agency permits as may be required. 21. School Access Analysis – A school access analysis was submitted for the Redondo Heights TOD development, including Site C, which includes provision for walking routes to Mark Twain Elementary School, which is approximately 0.75 miles away. Primary and secondary walking routes and street crossing treatments are provided. The primary route begins on Pacific Hwy South (SR 99), which provides a continuous sidewalk to South 272nd Street via an 8-foot sidewalk. Along the south side of South 272nd Street, a continuous 6-foot sidewalk is present to South Star Lake Road, with a signalized crossing. Sidewalk facilities are provided on both sides of South Star Lake Road (both 6-feet in width) to the school entry with a Rectangular Rapid Flashing Beacon (RRFB)/crossing guard and a marked crosswalk of the school entrance. Redondo Heights TOD – Site C 21-104847-UP / Doc. I.D. 82323 Findings of Facts and Conclusions Page 8 of 10 All other school access trips are via school bus; a school bus pick up zone within the development is provided near the site frontage in the bus lane on SR 99. The school bus stop area is being reconstructed as part of site development. The analysis was routed to Federal Way Public Schools who did not provide comment. 18. School Impact Fee - The project is subject to school impact fees pursuant to Chapter 19.95 FWRC. Per FWRC 19.95.050, school impact fees for multifamily development shall be assessed and collected prior to building permit issuance, using the fee schedule then in effect. The current 2022 school impact fee is $0. 22. Transportation – As a component of the Use Process III application, projects undergo traffic concurrency analysis according to the state Growth Management Act (GMA); goals and policies of the FWCP; and FWRC Chapter 19.90, “Transportation Concurrency Management.” A Capacity Reserve Certificate was issued on August 5, 2022, for the development of a Mixed-Use project. The number of new PM peak hour vehicle trips generated by the project is 47. 23. Transportation Impact Fee – A transportation impact fee is required and will be calculated based on the fee schedule in effect at the time a building permit application is filed and must be paid before permit issuance, per FWRC 19.100.070. 24. Access – The project will have access through a shared driveway with the existing Silver Shadow Apartments. There is a secondary access driveway approximately 324 feet to the south along Pacific Hwy South. Access is right-in, right-out, only at Pacific Highway South. 25. Stormwater – The project will be required to meet the requirements of a Full Drainage Review, as identified in the 2021 KCSWDM and the City of Federal Way Addendum to that manual. Detention and water quality for the project will be required to meet the conservation flow control and enhanced basic water quality standards, respectively. 26. Stormwater System Development Charge (SDC) – The SDC is based on the amount of new impervious surfaces added for any development. The SDC is expressed as an Equivalent Service Unit (ESU): 1 ESU = 3,200 square feet (SF) of impervious surface added. The current (2022) SDC is $1,035.00 per ESU. A five percent administration fee will be added to the total SDC. All SDC fees are payable at permit issuance. 27. Water and Sewer – Lakehaven Water & Sewer District is the water and sewer, service provider. Lakehaven issued certificates of water and sewer availability on October 26, 2021; certificates are valid for one year from the date of issuance. The applicant will need to submit applications to Lakehaven for any necessary water and/or sewer service connections. 28. South King Fire & Rescue – Applicable fire codes will be implemented during building permit review. 29. Conditions of Approval – The following conditions of approval are attached to the Process III decision: 1) Before issuance of any building permit a Boundary Line Adjustment (BLA) must be submitted for review and approval and shall be recorded with the King County Recorder’s Office by the applicant. 2) The site, civil, and landscape drawings submitted with any building permit shall show the revised lot layout in accordance with the recorded Boundary Line Adjustment. 3) The landscape plan submitted with any building permit must include a breakdown of commercial parking spaces and multifamily parking spaces for interior lot landscaping calculation per FWRC 193125.070(2). Redondo Heights TOD – Site C 21-104847-UP / Doc. I.D. 82323 Findings of Facts and Conclusions Page 9 of 10 4) Site utilities including transformers and fire standpipes shall not be a significant element of the front landscape area. If these must be located in the front yard, they shall be either undergrounded or screened by walls and/or Type I landscaping, and shall not obstruct views of tenant common spaces, public open spaces, monument signs, and/or driveways. These items shall be shown on the building permit plan set and completed on-site before issuance of a Certificate of Occupancy. 5) Prior to final inspection and/or issuance of a Certificate of Occupancy of any residential buildings on the site, a Transportation Demand Management (TDM) plan that addresses how the site management team will encourage the use of alternative modes of transportation shall receive final City review and approval. 6) Prior to final inspection and/or issuance of Certificate of Occupancy of any residential building on site, the Shared Use Parking Agreement must be recorded with the King County Recorder’s Office by the applicant. A conformed copy of the document must be returned to the Permit Center immediately after recording. 7) Prior to final inspection and/or issuance of a Certificate of Occupancy of any residential building, an agreement in a form approved by the city requiring affordable dwelling units to remain as affordable housing for the life of the project must be recorded with the King County Recorder’s Office by the applicant. A conformed copy of the document must be returned to the Permit Center immediately after recording. 30. Director’s Decision Criteria – The Director of Community Development makes a written decision on the application based on the criteria listed under FWRC 19.65.100(2): a. The proposal is consistent with the comprehensive plan; i. The FWCP designation for the subject property is Community Business. The FWCP contains the following goal and policy: o LUG 6: Transform Community Business areas into vital, attractive, areas with a mix of uses that appeal to pedestrians, motorists, and residents, and enhance the community’s image. ▪ The proposed mixed-use development with residential and commercial tenants will add to the mix of uses available to pedestrians, motorists and residents. New mixed-use development in that location will enhance the community’s image. o LUP 39: Encourage transformation of the Pacific Highway (SR-99) Community Business corridors into quality retail/commercial mixed use areas, designed to integrate auto, pedestrian, and transit circulation, and to improve traffic flow and safety, including access control and off-street interconnectivity between adjoining properties where feasible. Continue to utilize Community Design Guidelines to ensure quality site and building design and functional and aesthetic compatibility between uses. Integration of pedestrian amenities and open space into retail and office development should also be encouraged. ▪ The proposed food bank with pedestrian plaza and multi-family units allows for integration of pedestrians, auto, and transit-circulation along Pacific Hwy South and provides a supportive use to meet the needs of residents and employees in the area. b. The proposal is consistent with all applicable provisions of the FWRC; i. As conditioned, the proposal is consistent with the applicable zoning regulations as detailed in this report. c. The proposal is consistent with the public health, safety, and welfare; i. The Community Development, Police, and Public Works Departments, along with Lakehaven Water & Sewer District and South King Fire & Rescue, have reviewed the project for conformance with codes designed to protect the public health, safety, and welfare. Additional details will be reviewed at the building/engineering permit stage. Redondo Heights TOD – Site C 21-104847-UP / Doc. I.D. 82323 Findings of Facts and Conclusions Page 10 of 10 d. The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal; i. See the Transportation, Water & Sewer, and Stormwater related sections of this report. e. The proposed access to the subject property is at the optimal location and configuration; and i. Access to the site will be provided via driveways located on Pacific Hwy South. Also, see the Transportation-related sections of this report. f. Traffic safety impacts for all modes of transportation, both on and off site, are adequately mitigated. i. See the Transportation-related sections of this report. g. It is consistent with the site design standards set forth for all zoning districts in FWRC 19.115.050; i. See the Community Design Guidelines section of this report. h. It is consistent with applicable supplemental guidelines set forth in FWRC 19.115.090; and i. See the Community Design Guidelines section of this report. i. For development applications for remodeling or expansion of an existing development, it is consistent with those provisions of Chapter 19.115 FWRC, Community Design Guidelines, identified by the director as being applicable. i. This provision is not applicable as the project does not include remodeling or expansion of existing development. 31. Conclusion – As conditioned, the proposed site plan application has been determined to be consistent with the FWCP; with all applicable provisions of the FWRC; and with the public health, safety, and welfare. The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal, and the proposed access to the subject property is at the optimal location and configuration for access. The proposed development is consistent with the decisional criteria required under FWRC Chapter 19.65, “Process III, Project Approval”. The proposed site plan and application enclosures have been reviewed for compliance with the FWCP, pertinent zoning regulations, and all other applicable city regulations. Final construction drawings will be reviewed for compliance with specific regulations, conditions of approval, and other applicable city requirements. This decision shall not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. Prepared by: Senior Planner Becky Chapin Date: August 10, 2022