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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 Consolidated Rezone Recommendation - 4 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. <� 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