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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 - 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 • ` 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 • 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