17-103695 RECEIVED
JUL 2 7 2017 REQUEST FOR ADMINISTRATIVE DECISION
c'rr°r CITY OF FEDERAL WAY
i DEPARTMENT OF COMMUNITY DEVELOPMENT
Federal Way COMMUNi T`'DEVELOPMENT 33325 8`"Avenue South
federal Way,WA 98003-6.325
253-835-2607;Fax 253-835-2609
www.citvotTederahsav:com
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FILE NUMBER ( - r 0 `� Date 1 5.
Applicant
NAME PRIMARY PHONE
Dien Le 425-652-6987
$tt$IRESS/ORGARIZATIOR ALTERNATE POORE
Skyline Properties,Inc
MAILING ADDRESS .EMAIL
1851 Central PI S#116 diem@comcast.net
CITY STATE ZIP FAX
Kent wa 98031
Property Address/Location 100 S 320th St Federal Way,Wa tax lot#0821049258
Description of Request_ Can we build a dormitory as part of building a school(which is an allowed use)
Also regarding the wetlands,outside the wetlands and within the buffer zone,can we build a playground or field
such as soccer field or baseball field,etc? at the wetland itself,can we allow it to be used as a playground or is it
off limits?
List/Describe Attachments
For Staff Use
❑ Code Interpretation/Clarification - No Fee
❑ Critical Areas Letter/Analysis/Peer Review - No Fee(Actual Cost if Applicable)
❑ Request for Extension(Land Use/Plat Approval) - Check Current Fee Schedule
❑ Revisions to Approved Permit - Check Current Fee Schedule
❑ Tree Removal - No Fee
❑ Zoning Compliance Letter - Check Current Fee Schedule
❑
Bulletin#079—January 4,2016 Page 1 of I k:\Handouts\Request for Administrative Decision
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` CITY OF CITY HALL
,,'�... Federal Way 33325 Way,Wth A 98003-6325
(253)835-7000
www cit yolfederalway..com
Jim Ferrell,Mayor
August 23,2017
Dien Le
Skyline Properties Inc.
1851 Central PI S,Suite 116
Kent,WA 98031
RE: Permit#17-103695-00-AD; Request to Determine Allowance of Dormitory at a Private
School,and Playground within Wetland Area
Dear Dien:
On July 27,2017, I received a request for an administrative decision on whether a dormitory could
accompany the development of a private school and whether a playground could be developed within the
buffer area of a designated wetland.The subject property is located on l'and 320th Street with no
address,parcel number 0821049258.
ANALYSIS
The property is located on the northeastern corner of 1$`Ave.South and 320th Street in Federal Way.The
property is approximately 16.25 acres and is currently forested and vacant with a number of wetland
limitations through the center of the property as noted on the Federal Way Critical Areas Map.It is
surrounded to the north and east by single family residential property with commercial/office activity to
the east along 320th and to the west and east across 320th and 151
As to whether a dormitory is permitted,the Federal Way Revised Code is clear that residential
development is not allowed within the Office Park zone. Within FWRC 19.235 residential activity is not
indicated as an allowed use.Therefore,it is not appropriate to accept any application for a single family
subdivision or multiple family proposals for this particular site. However, 19.235.040 does permit
schools,colleges and universities within the zone.Interpretation can be made that dormitories or
structures housing students are not allowed since such facilities are not mentioned within the section.
However,the argument can also be made that for some private schools and universities existence of a
residence for those enrolled in the educational program of the school or university is often an essential
component of the school or university and therefore,should be permitted.There are numbers of examples
of private schools throughout the Pacific Northwest where students are required to live within the
residential facilities supported by the school.The table outlining the conditions required for a school,
college or university is silent on the existence of residential activity upon the campus designed to house
students enrolled in the school,college or university.Given examples of schools within the region, it
appears that residential structures may exist upon the campus to house students of that school,college or
university.
Regarding the use of wetland buffers defined within the FWRC for purposes of playground or other
activities related to the school permitted in the Office Park zone,the Code addresses the issue in Section
19.145.440 indicating that no development or improvement may be located within a wetland or stream
buffer except for a number of activities.The buffers do not apply to recreation,education,and scientific
research activities that do not require grading or placement of structures. A playfield would not fall
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Skyline Properties
August 23,2017
Page 2 of 2
under this exception.The director may provide written approval for passive pedestrian trail facilities
designed in accordance with an approved critical area report and the following standards:
(a)Trails are composed of pervious surfaces no more than five feet in width.Raised boardwalks
and wildlife viewing structures composed of non-treated pilings may also be considered;
(b)Trails are generally located parallel to the perimeter of the wetland and within the outer 25
percent of the buffer, and
(c)Trails shall avoid the removal of mature trees.
FWRC 145.440(6)indicates that buffers may be reduced by up to 25 percent on a case-by-case basis if
the project includes a buffer enhancement plan that clearly substantiates that an enhanced buffer will
improve and provide additional protection of wetland functions and values.The city will review and
decide upon buffer reductions based on the following criteria:
(a)It will not adversely affect water quality;
(b)It will not adversely affect the existing quality of the wetland or buffer wildlife habitat;
(c)It will not adversely affect drainage or stormwater retention capabilities;
(d)It will not lead to unstable earth conditions nor create erosion hazards;
(e)It will not be materially detrimental to any other property or the city as a whole;and
(t)All exposed areas are stabilized with native vegetation,as appropriate.
A buffer enhancement plan,prepared by a qualified professional,shall be incorporated into the critical
area report.The plan shall assess the habitat,water quality, stormwater retention,groundwater recharge,
and erosion protection functions of the existing buffer;assess the effects of the proposed modification on
those functions;and address the six approval criteria of this section.
DECISION
Dormitory facilities designed to house students attending that school,college or university may be
allowed provided the housing is not rented or leased to non-students. A playground facility is not
permitted within the buffer unless it is enhanced per the Code and provided there is indication within a
critical areas report that such enhancement will improve the protection of the wetland or stream affected
by such activity.Trails and educational activities may occur in the buffer under conditions outlined within
the Code.
CLOSING
This decision is not a formal interpretation of the Code as defined within FWRC 19.50,which must be"
done through formal application and request for interpretation.This administrative decision shall not
waive compliance with future City of Federal Way codes,policies,and standards relating to this site.If
you have any questions regarding this letter,please contact Robert"Doc"Hansen,Planning Manager,at
253-835-2643.
Sincerely,
Brian Davis
Community Development Director
c: Robert"Doc"Hansen,Planning Manager
17-103695-00-AD Doc I .76428