HEX #19-003 Creekside II DecisionBEFORE THE HEARING EXAMINER FOR THE CITY OF FEDERAL WAY
Phil Olbrechts, Hearing Examiner
RE: Creekside Commons
FINDINGS OF FACT, CONCLUSIONS OF
18-100740-UPZ LAW AND RECOMMENDATION
INTRODUCTION
The Applicant requests approval of preliminary plat, site specific rezone and wetland buffer reduction
applications for a 94-unit townhouse complex located at 1802 and 1816 S. 333rd Street. It is
recommended that the City Council approve the applications subject to the conditions identified at the
end of this Recommendation.
The City Council is requested to make a final decision on the applications because its code, as required
by state law, subjects rezone requests to final City Council approval. The preliminary plat and wetland
buffer reduction have been consolidated with the rezone application. The staff report notes that the
proposed townhouse' development is the "first of its type" in Federal Way as there do not appear to be
any other townhouse developments in the city. The purpose of the rezone is to increase the allowable
density to make it practical for townhouse development at the proposed location. The proposed rezone is
from RM 3600 to RM 2400. For zero lot line townhouse development, the minimum lot size is 2,250 sq.
ft. in the RM 3600 zone and 1,500 sq. ft. in the RM 2400 zone. Minimum density in the RM 3600 zone
is 12 units per acre and in the RM 2400 zones is 18 units per acre. As shown in the zoning map Ex. CC,
the project site is surrounded on three sides with RM 3600 zoning with some RM 2400 zoning adjoining
to the north. The proposed RM 2400 zoning will serve as transitional zoning from the apartment style
homes located to the north to the single-family homes in the surrounding area. The staff report notes that
the development of apartment and condominium complexes in the area justifies the need for the
transitional zoning.
The three applications have generated a modest amount of community interest. Most notably, Jacqueline
Anderson, on behalf of the Homeowner's Association of South Garden Court Condominium, submitted a
comment letter identifying a list of questions and concerns over project impacts to her South Garden
Court development. Her issues are addressed throughout this recommendation as pertinent. A single-
family homeowner expressed her opposition at the hearing and a couple other verbal and written
comments were provided as well. Overall, all project impacts were thoroughly evaluated and addressed
by staff and the Applicant as summarized in Finding of Fact No. 5 and 6, located at pages 4-9 of this
1 Townhouse development description and requirements are detailed in FWRC 19.205.010. This type of housing proposed for
this development is characterized by fee ownership of dwelling units attached by common walls to other townhouses.
Consolidated Rezone Recommendation - 1
Recommendation. The primary focus of preliminary plat review is adequacy of infrastructure and all
such infrastructure will be adequate and appropriate as detailed in Finding of Fact No. 6. The details of
the requested wetland buffer reduction are usually handled through the administrative decision making
process and were not a matter of significant public concern, so this Recommendation simply adopts the
findings of the staff report on that issue in order to focus on what is most likely to be of greatest interest
to the Council. As ultimately determined in this Recommendation, all required permit review criteria are
met by the proposal so the three applications should be approved.
ORAL TESTIMONY
This summary of hearing testimony is only provided as a general overview to facilitate City Council
review and should not be construed as a part of the recommended findings and conclusions. No
assurances are made as to accuracy. Nothing in the summary should be construed as suggesting any
priority or significance of testimony. Copies of the hearing recordings are available from the City
Clerk's Office should a more accurate accounting be desired.
Natalie Kamieniecki, Associate Planner, summarized the staff report.
Pete Gonzalez, Applicant civil engineer from ESM consultants, identified that there are existing water
and sewer facilities around the site that will be connected to the project and extend across the project
site. Two parcels have easement agreements that allow stormwater discharge from the parcels. The
third parcel doesn't have an easement agreement but has drainage controls in place that will adequately
handle stormwater as required by City code. The entire site will also meet water quality control
standards. The project has received a few letters of comment. The one from Karen Walter was
responded to with no reply. The letter from Larry Turnbull discussed lack of sidewalks, fencing and
building height. Those issues were paid attention to during design. A letter was recently received from
Jacquelyn Anderson, representing the South Garden Court Condominiums, located on the south side of
the project. There's one existing South Garden building near the shared property line and other
buildings are separated from the property line by parking and access. In response to examiner questions,
Mr. Gonzalez stated that fencing is expected for the project along that property line.
As to Ms. Anderson's questions regarding storm drainage, Mr. Gonzalez noted that two of the three
parcels have recorded agreements that allow direct discharge into the drainage way. The third parcel
includes drainage control that meets city standards. The entire site has water quality control meeting
enhanced basic standards of the city. The reduced buffers will not affect the catch basins or drainage
system of the South Garden development except for the drainage way itself. There was a downstream
analysis prepared for the project and no comments were received. There were some downstream issues
that will be addressed. No impacts to the South Garden development were found. Roads will be
widened, specifically S. 333rd and 20th Ave S as it adjoins the project. Stop signs will be added to the
new road sections where appropriate but there will be no stop lights or signs added off -site. A new
roundabout will be added at the intersection of S. 333rd and 20th and in addition there will be speed
bumps installed at two locations at S. 333rd and 20th. For emergency access, emergency responders were
given the opportunity to comment and made no comment. Ongoing fence maintenance will be an issue
addressed by the homeowner's association. There's no greenbelt to be maintained. The project will
have CC&Rs managed by the HOA. Disturbance of pests during construction can't be avoided, but the
Applicant will do its best to mitigate that problem. On exterior lighting, the South Garden units are
Consolidated Rezone Recommendation - 2
separated from the project by an access drive and carports. There's one South Garden unit that's on the
property line but that unit won't be next to or adjacent to any of the project units. As to recent
developments close to the project site, the largest one was on 3361h, probably a quarter mile to the west.
It was a large apartment complex. The project site is surrounded by a couple condominium projects that
have been there for quite some time. The School District noted they would be adding a new bus stop in
the vicinity of the project, but Mr. Gonzalez not sure where at this time.
In response to examiner questions, Mr. Gonzalez noted that the roads are relatively old and sidewalks are
only located along more recent development. Mr. Gonzalez concluded by noting there were three
conditions the Applicant wished to have revised. The first had to do with delaying the required
installation of fencing and signage (Condition 2) until after clearing and grading so that the structures
aren't knocked down during construction. The second regarded adding flexibility to the required design
of retaining walls (Condition 7). The third regarded school impact fees (Condition 9), requesting that the
fees be single-family rates instead of multi -family homes.
Dana Hollaway, neighbor, noted that Sound Transit has identified two sites in Federal Way for their
operations maintenance facility with a completion date of 2026. The potential sites are the Christian
Faith parcel, which is very close to the development, and the other site is near Garage Town. If either
site is selected it will involve a light rail extension to that facility. The impacts of that to the project
should be considered.
Elizabeth Cari, neighbor, lives in one of the single-family homes across from the project. There are
single-family homes near the project. The residents are the last to hear about and be consulted with
projects such as the proposal. When she talked to someone about the project about a year and a half ago,
she was told [by an unspecified individual] the project probably wouldn't go anywhere because of the
alleged fish bearing stream, which is now considered not fish bearing. She was subsequently surprised
to receive notice in the mail of the public hearing and that the project was moving forward. She has tried
several times unsuccessfully to get information about the project from City staff. There are no sidewalks
on 20th or S. 333rd or 30th or any adjacent streets. She's opposed to the development. There's no benefit
to the residents of the community. Just years of construction noise and destruction of forest for low
income townhouses across the street. Property will also be devalued. The presence of single-family
homes in the vicinity should be recognized.
In rebuttal, Ms. Kamieniecki identified that staff supported the revisions to conditions requested by the
Applicant.
EXHIBITS
The October 10, 2019 staff report along with attachments A-EE were admitted as Exhibit 1 during the
October 10, 2019 public hearing. In addition, the following exhibits were also admitted during the
hearing:
Exhibit 2 Staff Power Point
Exhibit 3 October 8, 2019 comment letter from Jacquelyn Anderson
Exhibit 4 October 8, 2019 ESM Consulting Engineering
Consolidated Rezone Recommendation - 3
FINDINGS OF FACT
Procedural:
1. Applicant. Jordan Salisibury, Blue Fern Development, LLC, 11232 120th Ave NE, Suite #204,
Kirkland, WA 98033.
2. Hearing. The Hearing Examiner conducted a hearing on the application at 11:00 am at Federal
Way City Hall on October 10, 2019.
Substantive:
3. Site/Proposal Description. The Applicant requests approval of preliminary plat, site specific
rezone and a 25% wetland buffer reduction applications for a 94-unit townhouse complex located at
1802 and 1816 S. 333rd Street. The Applicant seeks to rezone the subject property from the current
Residential Multifamily 3600 to Residential Multifamily 2400. The 25% buffer reduction is for two
wetlands, one a Category III wetland with a 105-foot buffer and the other a Category II wetland with a
165-foot buffer. A preliminary plat application is required to subdivide the property to create individual
fee simple zero lot line lots for each townhouse. The subject property is comprised of three (3) parcels
bisected by S 333rd Street. Tax parcel number 797820-0085 (parcel "A") and 797820-0086 (parcel `B")
are located north of S 333rd street and tax parcel number 797820-0090 (parcel "C") is located on the
south side of S 333rd Street. The project includes internal public roads, private access alley tracts, off -
site road improvements, onsite drainage, on -site open space tracts and critical area protection tracts.
The development is proposed to be constructed in two (2) phases. Phase I consists of constructing 54
units contained on the north side of S 333rd Street on parcels A and B, including construction of internal
public right of way, alley access tracts, storm drainage, open space recreational tracts, critical area tracts
and buffer enhancement. Offsite improvements include full street improvements along S 333rd Street, a
traffic circle at the intersection of 20th Avenue S and 333rd Street S and half street improvements along
the portion of 20th Ave S abutting the subject property. Phase II consists of constructing the remaining
40 units and associated internal public right of way, alley access tracts, storm drainage, open space
recreational tracts, critical area tracts and buffer enhancement. Offsite improvements include full street
improvements along 20th Ave S to facilitate appropriate site distance to access point along said right -of
way.
Topography north of S 333rd Street is sloped in a northwesterly to southeasterly direction with gradient
ranging from 3-12% in the areas of existing residential development and increasing to 50% when
descending into the drainage located in the southeast corner containing a category II wetland and non -
fish bearing stream. Parcel C, located south of S. 333rd Street, has remained undeveloped and is
forested.
4. Characteristics of the Area. Single-family dwellings zoned RM 3600 and RM 1800 are located
to the east and west; multi -family, a hotel/motel and single-family dwellings all zoned RM 3600 are
located to the south RM 2400 zoned property is located to the north.
5. Adverse Impacts. No significant adverse impacts are associated with the proposal. A
determination of non -significance under the Washington State Environmental Policy Act was issued on
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February 22, 2019 and that determination has not been appealed. Pertinent impacts are addressed as
follows:
A. Critical Areas. The project site contains two critical areas — a stream and a wetland. Both are
addressed individually below.
1. Stream. A Type Ns stream traverses the property generally from the northwest corner to
the southeast corner, generally running through or adjacent to wetlands located on the
property. The Applicant's critical areas report identified the stream as an unregulated
ditch, but the City's third -party reviewing consultant Otak determined that the stream is
mapped as a stream and qualifies as a Type Ns stream. See Ex. N. Type Ns streams have
35-foot buffers. This buffer has not been recognized in any of the documents submitted
into the record, including the Applicant's critical areas report, Ex. N. However, as far as
can be ascertained from the critical areas report conceptual plan included in Ex. N, the
35-foot buffer is completely encompassed with the proposed reduced wetland buffers, or
is located within the existing developed right of way of S. 333rd St. Since the 35-foot
stream buffer is subsumed into the wetland buffers and that buffer is the only pertinent
critical areas standard applicable to the stream, it is determined that the proposal provides
for adequate protection of the Type Ns stream.
The Muckleshoot Tribe submitted a SEPA comment, Ex. L, asserting that the Type Ns
stream is actually a fish bearing Type F stream. The Applicant and Otak both concluded
that the stream is not fish -bearing. The Muckleshoot Tribe based its assertion upon
WDFW stream maps, which the Tribe asserted raised the "presumption" that the stream is
fish bearing. Otak based its determination upon field data, specifically that the stream
was seasonal with no flow during the summer and the fact that fish access is not possible
due to numerous downstream fish passage blockages. The Tribe did not provide further
comment in response to Otak's analysis or appeal the SEPA determination of
nonsigificance. Given that Otak's conclusions are based upon actual field data and that
its findings about fish blockage are uncontested, it is determined that the proposal
accurately classifies the stream as a Type Ns non -fish bearing stream.
2. Wetlands. There are two wetlands on site, individually described as follows:
a. Wetland A. Wetland A is located on the north side of S 333rd Street within the
south east corner parcel B. Wetland A is 2,016 square feet in size and is considered a
Palustrine Forested and Scrub -Shrub, seasonally flooded and saturated wetland. Pursuant
to FWRC 19.145.420 (1) (b), wetland A is a Category III slope / riverine wetland. This
category of wetland requires a standard buffer width of 105 feet. Hydrology for wetland
A is provided by seasonal flow, surface sheet flow, direct precipitation and seasonally
high groundwater table provided through hillside seeps. The Applicants request a 25%
buffer reduction with enhancement as part of project approval.
b. Wetland B. Wetland B is located on the south side of S 333rd Street within the
northwest corner and western portion of parcel C. Wetland B is 18,150 square feet in size
and is considered a Category II Palustrine Forested and Emergent Seasonally Flooded and
Saturated wetland. Hydrology for wetland B is provided by surface sheet flow, direct
Consolidated Rezone Recommendation - 5
precipitation, a seasonally high groundwater table, and seasonal flow from drainage Z.
Pursuant to FWRC 19.145.420 (1) (b), the standard buffer is 165 feet. The Applicants
request a 25% buffer reduction with enhancement as part of project approval.
C. Buffer Reduction. The Applicant has requested to reduce the width of wetland
buffers onsite by 25 percent and enhance the wetland buffer with a planting plan.
Pursuant to FWRC 19.145.440 (6), 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. A buffer enhancement plan, prepared by a Sound View Consultants
(SVC), has been incorporated into the critical area report. The plan assesses the habitat,
water quality, stormwater retention, groundwater recharge, and erosion protection
functions of the existing buffer, and assesses the effects of the proposed modification on
those functions. As detailed in Section XV of the staff report, Sound View Consultants
demonstrated to the satisfaction of staff that its wetland buffer and enhancement plan
meets the criteria for FWRC 19.145.440 (6) buffer reduction, which includes ensuring
that the reduction will not adversely affect the existing quality of the wetland or buffer
wildlife habitat or adversely affect water quality.
Jacquelyn Anderson, on behalf of the Homeowner's Association of South Garden Court
Condominium in Ex. 3, inquired as to whether the buffer reduction would adversely affect
the measures her development has had to undertake to protect the Wetland B as it extends
onto the South Garden property, including the placement of catch basins in wetland
buffers. Impacts to drainage were specifically addressed in the SVC buffer reduction
report, and SVC concluded in Section 6.1.3 of its report, Ex. N, as follows:
Wetland hydrologic function will be maintained through dispersed flow
from proposed outfall structures designed to dissipate energy before
entering the buffer: therefore, the reduced buffer width will not have an
impact on drainage/retention capabilities.
B. Compatibility. Creekside Commons is similar in density and character as the surrounding
apartment and condominium uses. The majority of surrounding properties are designated as
multi -family and the rezone is compatible with the adjacent uses.
The project is made further compatible with the incorporation of ample open space. Overall
site design retains and incorporates trees within wetlands, buffers and interior landscape
areas. Additional trees and landscaping will be installed to complement the existing
vegetation, and to meet applicable FWRC regulations on tree retention and replacement and
landscaping requirements. Street trees shall be installed in accordance with Public Works
standards. Preliminary landscape and irrigation plans (Exhibit G) have been submitted and
are consistent with required landscaping.
Jacquelyn Anderson, on behalf of the Homeowner's Association of South Garden Court
Condominium in Ex. 3, requested a greenbelt be maintained along the southern portion of the
proposal to buffer the proposal from the Sough Garden development. There is nothing in the
record that substantiates the need for this type of mitigation.
Consolidated Rezone Recommendation - 6
C. Views. There are no immediate views in the area that will be impacted by the development.
D. Lighting. Jacquelyn Anderson, on behalf of the Homeowner's Association of South Garden
Court Condominium, in Ex. 3 requested that lighting impacts be minimized. A condition of
approval requires that lighting impacts to adjoining properties be minimized.
6. Adequacy of Infrastructure and Public Services. As mitigated by the conditions of approval,
adequate and appropriate infrastructure will serve development as follows:
• Drainage: Storm drainage facilities are being designed in accordance with the 2016 King
County Surface Water Design Manual and city amendments, the Comprehensive Surface
Water Management Plan, and the Stormwater System Operation and Maintenance
Manual. The Applicant's January 29, 2019, preliminary stormwater Technical Information
Report (TIR) (Exhibit V) was reviewed by the city's Public Works Department and found
to be consistent with these standards for the purposes of preliminary plat review.
The Applicant's preliminary TIR provides analysis of the proposed stormwater facilities,
which are required by FWRC 16.20 and the KCSWDM to meet Level 2 Flow Control and
Enhanced Basic Water Quality Area standards. Stormwater generated from off -site
properties that enter the Creekside Commons site will be captured and released to its
natural drainage channel. Any stormwater that is generated by this project will be
detained and treated for water quality as necessary and then release to its natural
discharge point. Proposed storm water facilities include the use of an underground water
quality detention system located in Tract I. Best Management Practices (BMP's) will be
utilized to prevent the transport of sediment from the project site to downstream drainage
facilities, water resources, and adjacent properties. Specific detail on the implementation
of BLM's will be provided on the engineering and construction plans. Stormwater
requirements for future phases of development including, but not limited to, treatment,
detention and conveyance, will be designed to comply with the adopted City of Federal
Way Stormwater requirements at the time of application for permits.
Jacquelyn Anderson, on behalf of the Homeowner's Association of South Garden Court
Condominium, inquired as to what measures will be taken to prevent exacerbation of
drainage problems to her development. See Ex. 3. The City's stormwater regulations
require that post development flows not exceed predevelopment flows, so design in
conformance with those standards should not result in any increase in stormwater flows to
the Garden Court property. The Applicant's engineer also testified that the Applicant's
drainage analysis included a downstream analysis that identified some downstream
problems that needed to be addressed, but none of those problems were anticipated to
occur on the South Garden development. Given these factors, it is determined that the
proposal will not exacerbate any drainage problems on the South Garden development.
• Transportation: The proposal will be served by adequate, appropriate and safe
transportation infrastructure.
Consolidated Rezone Recommendation - 7
The city's Traffic Division reviewed the proposal and determined all intersections
impacted by one or more weekday evening peak hour trips would meet the city's level of
service standards with programmed improvements. A Transportation Concurrency
Capacity Reserve Certificate was issued by the City dated September 4, 2018 (Exhibit
AA). The city's concurrency report found that the proposed Creekside Commons
townhouse development will generate 62 PM peak hour trips, based on 106 townhouse
units, and will not degrade intersection operations below the concurrency level of service
standard. The number of units proposed with the project has decreased to 94 townhouse
units.
Proportionate share traffic system impacts will be mitigated through the City's traffic
impact fee program (FWRC Chapter 19.91). The fee will be calculated based on the fee
rate in effect at the time of plat recording.
Jacquelyn Anderson, on behalf of the Homeowner's Association of South Garden Court
Condominium, inquired as to what measures would be taken to address traffic impacts.
Plat transportation infrastructure improvements include new public internal roadways,
private alley way access tracts, sidewalks and walkways as applicable. The project will
include the full replacement of 333rd Street where both sides of the road are fronting the
subject property. This will include curb, gutter, sidewalk, parking, planter strips, and
lighting. Additionally, the northwestern half of 20th Ave will be rebuilt with the same
improvements, while both sides of the southern portion of 20th Ave that abuts the
project's site will have all aforementioned improvements. Staff have found all access to
and from the site will have ample sight distance. In Ex. M Barry Turnbull suggested that
all access come from 333rd St. S, but critical areas along that street frontage only provide
sufficient room for one access point for each phase. A traffic circle is proposed to be
installed at the intersection of 20th Avenue S and 333rd Street S and designed to
accommodate expected pedestrian vehicles as well as school and city transit buses. A
traffic impact analysis was prepared and found that the existing roads can accommodate
the proposed development.
The plat was designed to maximize the pedestrian experience by separating walks from
vehicles where possible. Internal pedestrian access ways are provided throughout the plat.
These new sidewalks also connect to the overall neighborhood network of pedestrian
ways. The site is in close proximity to several bus transit stops and will be within a
convenient distance from future light rail services planned within the City.
• Open Space: As required by applicable regulations, the project provides adequate and
appropriate open space.
The project is subject to several open space standards. The development must provide at
least 400 sq. ft. of open space per dwelling unit. Open space requirements include both
usable common open space for residents of the subdivision and private open space area
contained on each lot. This requirement is met by providing 200 sq. ft. of private open
space contained on each individual lot and the remainder allocated as useable common
open space. Private open space may include yards, patios, and balconies. At least 10
percent of the public open space must be developed and maintained with children's play
Consolidated Rezone Recommendation - 8
equipment. If the subject property contains 20 or more units, at least 50 percent of this
required open space must be in one or more pieces each having a length and width of a
least 40 ft. Pursuant to FWRC 18.55.060 (5) open space shall be owned in common
undivided interest by all property owners within the land division as members of a
homeowners' association or corporation as set out in a declaration of covenants and
restrictions, and approved by the city.
Each zero -lot line townhouse unit contains the minimum required 200 square feet of
private open space (Exhibit Z). The minimum amount of common usable open space
required is 18,800 square feet. The proposal includes 39,922 square feet of open space
contained within several open space tracts. However, Tract I, indicated as storm drainage,
cannot be used as usable open space. Tract G measures only 31 feet in width and cannot
be counted toward the minimum open space requirements. Tracts F, H, L and M all meet
the 40-foot width and length requirement and total 28,973 square feet in size. The project
as proposed provides ample amount of open space when excluding Tracts I and G.
Recreational amenities including children's play equipment are proposed to be located
above the privately maintained underground stormwater vault within Tract I. If during
future City -review of stormwater engineering and construction plans, the stormwater
facility design changes to open pond or is proposed for public ownership and
maintenance, the location of the play equipment must be relocated to an open space tract
suitable for active uses preferably Tracts H and L.
• Sewer: The Applicant proposes to serve the proposed plat by a public sewer system
managed by Lakehaven Utility District. The January 30, 2018, Certificate of Sewer
Availability (Exhibit X) indicates the district's capacity to serve the proposed
development through a developer extension agreement between the Applicant and the
district.
• Water: The Applicant proposes to serve the subdivision with a public water supply and
distribution system managed by the Lakehaven Water and Sewer District. A January 30,
2018, Certificate of Water Availability (Exhibit X) indicates the district's capacity to
serve the proposed development through a developer extension agreement between the
Applicant and the district.
• Schools Federal Way Public Schools (FWPS) has reviewed the proposed project and the
School Access Analysis (Exhibit 0. The following measures are to be provided to
ensure the safety of students:
• Crosswalks to connect to the two sides of south 333rd Street to ensure safe crossing for
students who will need to access their assigned bus stop on both sides of the street.
• The roundabout at the intersection of south 333rd Street and 201h Avenue South must
be large enough to accommodate a 40' bus without requiring the bus to cross over the
center truck apron, or be changed to a stop light.
• Streetlights are needed along South 333rd Street and 20th Avenue to provide lighted
pathways for scholars.
Consolidated Rezone Recommendation - 9
The Applicants have provided a cross walk linking the north and south project that are
bisected by South 333rd Street. Appropriate cross walks and lighting are provided and are
recommended conditions of project approval.
School impact fees are assessed at the time of building permit issuance in accordance with
FWRC 19.95 — School Impact Fees.
• Police and Fire Protection — South King Fire and Rescue and the Federal Way Police
Department currently provide services to the site. The Fire Department reviewed the
project for compliance with requirements for emergency access, hydrant locations, and
fire flow. Fire Protection — South King Fire and Rescue requires that a fire hydrant be
located within 350 feet of each lot. The Certificate of Water Availability from Lakehaven
Utility District indicates that water will be available to the site in sufficient quantity to
satisfy fire flow standards for the proposed development. The exact number and location
of fire hydrants and emergency access will be reviewed and approved by South King Fire
and Rescue during permit review. A Crime Prevention through Environmental Design
checklist (Exhibit Y) has been completed and submitted with the application. The Police
Department currently provides service to the site but did not provide any comments on the
proposal.
7. Change in Circumstances. According to the staff report, the conditions in the immediate vicinity
of the subject property have changed since adoption of its last zoning designation to include the
construction of multiple apartment and condominium developments around the site. Single
family detached dwellings are established to the east of the site. The rezone will provide a better
transition in land use intensity from the intense Pacific Highway corridor to the lower intensity
uses east of 20th Ave S.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner: The requested preliminary plat, rezone and wetland buffer
reduction have been consolidated into one review process where the examiner is authorized to hold a
hearing on the applications and issue a recommendation to the City Council. Pursuant to FWRC
19.15.060, optional consolidated permit process, where more than one application is required for a given
project all applications required for the project may be consolidated into the highest review process
applicable to any of the applications. FWRC 18.35.010 (4) and (5) provide the Examiner with the
authority to conduct a hearing and make a recommendation to the City Council on preliminary plat
applications. FWRC 19.75.010 classifies rezones as Process V applications, which provides the
Examiner with the authority to conduct a hearing and make a recommendation to the City Council.
FWRC 19.145.440 (6) classifies wetland buffer reduction requests as Process III applications, which
provides the Community Development Director with the authority to make a final decision subject to
appeal to the examiner. The highest review process is the Process V process and the three applications
have been consolidated into that review process.
Substantive:
Consolidated Rezone Recommendation - 10
2. Zoning Designation: RM 3600.
3. Review Criteria and Application. FWRC 18.35.170(3) governs the criteria for preliminary plat
approval. FWRC 19.75.130(3)(b) governs the criteria for project related rezones. Per FWRC 19.75.020,
the proposed rezone is project related because it is not initiated by the city and it is not from one single-
family residential zone classification to another single-family residential zone classification. The
Applicant's Process III buffer reduction request is governed by FWRC 19.145.440(6). Since wetland
buffer reduction requests are usually addressed administratively and there is no error in the findings or
conclusions adopted by staff in in the staff report, the findings and conclusions of Section XV of the staff
report are adopted by reference. All applicable permit review criteria are quoted in bold italics below and
applied to the application under corresponding Conclusions of Law.
Substantive:
Preliminary Plat
FWCC 18.35.170(3): Decisional Criteria. A Hearing Examiner shall use the following criteria in
reviewing the preliminary plat and may recommend approval of the plat to the City Council if:
(a) It is consistent with the comprehensive plan;
4. The criterion is met. The application is subject to the adopted 2015 Federal Way Comprehensive
Plan (FWCP), which designates the property as Residential Multi -Family. The proposed single-family
land use on the subject property is consistent with the underlying comprehensive plan designation.
Staff have found the proposal to be consistent with the following land use policies:
• LUP1 Use development standards and design guidelines to maintain neighborhood
character and ensure compatibility with surrounding uses.
• LUP2 Use zoning regulations to achieve a greater range of housing options in multi -family
designations.
• LUG4 Provide a wide range of housing types and densities commensurate with market
demand, adopted housing targets, and the community's needs and preferences.
• LUP 64 Consider incentives for desired types of multi -family residential development
(townhouses, duplexes, etc.).
The staff report notes that the zero -lot line fee simple ownership option is the "first of its type," which
signifies that the proposal thereby adds to the range of housing options available to Federal Way
residents as encouraged by LUP2, LUP4 and LUP64 As determined in Finding of Fact No. 5, the
proposal is compatible with surrounding development as encouraged by LUP 1. For these reasons, the
policies identified by staff are met by the proposal and the proposal is found consistent with the
comprehensive plan.
FWCC 18.35.170(3)(b): It is consistent with all applicable provisions of the title, including those
adopted by reference from the comprehensive plan:
Consolidated Rezone Recommendation - 11
5. The criterion is met. The city's Community Development Review Committee (CDRC) has
reviewed the preliminary proposal and found its preliminary design to be in compliance with the
applicable requirements of Title 18 if the conditions adopted by this recommendation are implemented.
More detailed review will occur for final plat and building permit approval. Development of the site in
accordance with these requirements and the recommended conditions of approval will ensure compliance
with all applicable codes, policies, and regulations.
FWCC (18.35.170(3)(c): It is consistent with public health, safety, and welfare.
6. The criterion is met. The proposal provides for in -fill development as encouraged by the Growth
Management Act while also creating no significant adverse impacts and being fully served by adequate
and appropriate infrastructure as determined in Findings of Fact 5 and 6. Under these circumstances the
proposal is consistent with the public health, safety and welfare.
FWCC 18.35.170(3) (d): It is consistent with the criteria listed in FWRC 18.05.020; and
7. The criterion is met. FWRC 18.05.020, the purpose clause for the City's subdivision
regulations, identifies ten purposes, including establishing appropriate infrastructure, protecting
environmentally sensitive areas and promoting public health, safety and welfare. All of these objectives
are met for the reasons identified in Findings of Fact No. 5 and 6 and also due to the proposal's
compliance with all applicable development standards as determined by the city's Community
Development Review Committee (CDRC
FWCC 18.35.170(3) (e): It is consistent with the development standards listed in Chapter 18.55 FWRC,
and FWRC 18.60.030 through 18.60.120.
8. The criterion is met. The CDRC has reviewed the preliminary proposal and found it to be in
compliance with all applicable codes, policies, and regulations if the conditions adopted by this
recommendation are implemented. The primary focus of these development standards is adequate and
appropriate provision of infrastructure, which as outlined in Finding of Fact No. 6 has been met for the
proposal. These regulations also focus upon compliance with zoning code standards that address lot
size, density and open space. Compliance with these zoning code standards is addressed in detail in
Section XIII of the staff report.
Site Specific Rezone
FWRC 19.75.130(3)(b): The city may approve an application for a quasi-judicial project- related
rezone only if it finds that:
(i) The criteria in subsection (3)(a) of this section are met; and
9. The criterion is met. The criteria of FWRC 19.75.130(3)(a) are satisfied as determined below.
(ii) The proposed project complies with this title in all respects; and
10. The criterion is met. As previously determined, the CDRC has reviewed the preliminary
proposal and found it to be in compliance with all applicable codes, policies, and regulations if the
conditions adopted by this recommendation are implemented.
Consolidated Rezone Recommendation - 12
(iii) The site plan of the proposed project is designed to minimize all adverse impacts on the
developed properties in the immediate vicinity of the subject property; and
11. The criterion is met. As determined in Finding of Fact No. 5, no significant adverse impacts are
associated with the proposal and as determined in Finding of Fact No. 6 the proposal will be served by
adequate and appropriate infrastructure.
(iv) The site plan is designed to minimize impacts upon the public services and utilities; and
12. The criterion is met. As determined in Finding of Fact No. 6, as conditioned by this
recommendation the proposal will be served by adequate and appropriate public services and utilities.
(v) Traffic safety impacts for all modes of transportation, both on and off site, are adequately
mitigated; and
13. The criterion is met. As determined in Finding of Fact No. 6, the proposal provides for safe
traffic infrastructure due to factors including the addition and incorporation of sidewalks, pedestrian
connectivity and adequate site distance.
(vi) The rezone has merit and value for the community as a whole.
14. The criterion is met. The proposal facilitates a unique addition to the diversity of Federal Way
housing stock with no associated adverse impacts in a location that has already been approved for
multifamily development.
FWRC 19.75.130(3)(a): The city may approve an application for a quasi-judicial nonproject
rezone only if it finds that:
(i) The proposed rezone is in the best interest of the residents of the city; and
15. The criterion is met. The added density will not create any significant adverse impacts for the
reasons identified in Finding of Fact No. 5 while at the same time facilitating townhouse development as
encouraged by the comprehensive plan as outlined in Conclusion of Law No. 4. According to the staff
report, the RM-2400 zone allows more flexibility than the RM-3600 zone to achieve density and
incorporate onsite usable open space while setting aside lands for the protection of environmentally
critical areas and stormwater drainage features. The City of Federal Way and surrounding areas have a
limited housing mix in which zero -lot line fee -simple townhouses are rare to non-existent. These types of
homes provide ownership opportunities for the residents while still meeting the desired density of the
Multi -Family Land Use Designation of the Comprehensive Plan.
(ii) The proposed rezone is appropriate because either:
(A) Conditions in the immediate vicinity of the subject property have so significantly
changed since the property was given its present zoning and that, under those changed
conditions, a rezone is within the public interest; or
Consolidated Rezone Recommendation - 13
(B) The rezone will correct a zone classification or zone boundary that was inappropriate
when established;
16. The criterion is met. Circumstances have changed due to the development of multi -family
housing in the vicinity as determined in Finding of Fact No. 7. It is in the public interest to rezone to a
higher density to address this change in circumstances because the higher density provides balance and
transition from the apartment style homes to the single-family homes in the area.
(iii) It is consistent with the comprehensive plan;
17. The criterion is met. The proposed rezone will facilitate townhouse development, which is
consistent with the comprehensive plan for the reasons identified in Conclusion of Law No. 4. The
proposal is also consistent with the comprehensive plan for the reasons identified at pages 18-20 of the
staff report.
(iv) It is consistent with all applicable provisions of the title, including those adopted by
reference from the comprehensive plan; and
18. The criterion is met. All Title 19 and comprehensive plan standards and policies applicable to
rezone requests are addressed by this recommendation and the rezone proposal is compliant.
(v) It is consistent with the public health, safety, and welfare.
19. The criterion is met. The proposal will not create any significant adverse impacts as identified in
Finding of Fact No. 5 and will be served by adequate infrastructure as determined in Finding of Fact No.
6 while also providing for a new type of housing option as encouraged by the comprehensive plan. For
these reasons, the proposal is consistent with the public health, safety and welfare.
RECOMMENDATION
The Examiner recommends that the City Council approve the preliminary plat, rezone and wetland
buffer reduction as described in Finding of Fact No. 3, subject to the following conditions:
1. Lot size and density shall be contingent on the approval of the rezone request from RM 3.6 to
RM 2.4. In the event that a rezone is not approved, the design of the site shall be revised to be consistent
with the RM3.6 standards including and not limited to density, lot size and open space.
2. Prior to any clearing or grading on site a final Wetland and Fish and Wildlife Habitat Assessment and
Buffer Reduction & Enhancement Plan shall be submitted. The updated assessment must reflect final
subdivision design and buffer enhancement planting plan. Appropriate erosion control measures shall be
installed prior to clearing and grading on site. Split rail fencing and critical area signage shall be
installed prior to the recording of the final plat.
Consolidated Rezone Recommendation - 14
3. Prior to clearing, grading and tree removal the Applicant shall obtain a Class IV General Forest
Practice Permit.
4. Prior to final plat required landscaping shall be installed or bonded.
5. All streets within the public rights -of -way shall be improved to the standards specified in Chapter
19.135 FWRC, regarding required improvements to rights -of -way. Improvements to private tracts,
alleys, and ingress/egress and utilities easements shall comply with the city of Federal Way Public
Works department development standards, or as approved through modification request. The mitigation
requested by the Federal Way Public Schools to the extent identified in Finding of Fact No. 6 shall be
incorporated into project design.
6. Stormwater design must conform to the standards, policies, and practices of the City of Federal
Way's Surface Water Management Division as outlined in the 2016 King County Surface Water Design
Manual and city amendments, the Comprehensive Surface Water Management Plan, and the Stormwater
System Operation and Maintenance Manual. The approved storm drainage facilities must be constructed
prior to final plat approval.
7. Retaining walls must be designed and constructed substantially consistent with the renderings
provided in exhibit A, page 6, the wall profile sheet, and obtain all required permits.
8. Traffic impact fee shall be paid prior to building permit issuance with credit given for the two
existing houses.
9. School impact fees shall be paid at the time of building permit issuance in accordance with the
provisions of Chapter 19.95 School Impact Fees.
10. Open space shall be owned in common undivided interest by all property owners within the land
division as members of a homeowners' association or corporation as set out in a declaration of covenants
and restrictions, and approved by the city.
11. Preliminary plat approval shall expire five years from the date of hearing examiner approval,
unless the Applicant requests an extension as provided in FWRC 18.05.090.
12. Alley access tracts and roadway design shall meet South King Fire and Rescue access
requirements and applicable policies. Fire hydrants shall be installed in accordance with South King Fire
and Rescue requirements and applicable policies.
13. Should the proposed private underground stormwater facility within Tract I change to open pond
or should it be proposed for public ownership and maintenance, the proposed children's play equipment
shall be relocated to an open space tract suitable for active uses, preferably tracts H and L.
14. The Applicant shall demonstrate to satisfaction of staff that light impacts to adjoining properties
are minimized to extent consistent with public safety.
Consolidated Rezone Recommendation - 15
DATED this 24th day of October 2019.
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Vh,T h, nll
Hearing Examiner for Federal Way
Consolidated Rezone Recommendation - 16
Preliminary Plat, Rezone, Wetland
Buffer Reduction Recommendation P. 1 Findings, Conclusions and Recommendation