HEX #19-003 Request for Clarification1
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BEFORE THE HEARING EXAMINER FOR THE CITY OF FEDERAL WAY
In re the matter of Creekside Commons,
18-100740-UPZ
REQUEST FOR
CLARIFICATION
Applicant Blue Fern Development LLC ("Applicant"), by and through its attorneys of
record, hereby respectfully requests clarification of the Hearing Examiner's October 24, 2019
Findings, Conclusions of Law and Recommendation ("Decision"). Applicant requests that the
Examiner clarify Condition No. 9 to specify that the homes to be constructed within the project
are single family homes for purposes of school impact fees.
Pursuant to the Federal Way Hearing Examiner Rules of Procedure, a party may file a
written request for clarification that does not materially alter the outcome of the decision or
recommendation. Section 23. Applicant respectfully requests that the Examiner add
clarifying language to his Condition No. 9 in accordance with the request of Applicant and
recommendation of City staff.
This project is being developed as a subdivision and the resulting properties will be
held in fee simple ownership. As such, the Applicant requested a revision to the City's Staff
report and recommendation to the Hearing Examiner stating that the proposed homes are
considered single-family units for purposes of school impact fees. See Exhibit 4 to the
Examiner's Decision. As noted by City Staff in testimony and the Examiner in the Decision,
City Staff supported this revised condition. Accordingly, Applicant respectfully requests that
the Examiner clarify condition No. 9 to read as follows:
REQUEST FOR CLARIFICATION JOHNS MONROE MITSVNAGA KOLOusKOV?, PLLC
ATTORNEYS AT LAW
—PAGE I OF 2 11201 SE 8tn St., Suite 120
Bellevue, Washington 98004
Tel: 425-451-2812 / Fax: 425-451-2818
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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 and assessed at the single-
family rate.
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DATED this day of C��pva_�� , 2019.
01-217-005 Request for Clarification 10-31-19
REQUEST FOR CLARIFICATION
—PAGE 2 OF 2
JOHNS MONROE MITSUNAGA
KOLO\U§§OVA, PLLC
By V
Vicki Orrico, WSBA #16849
Attorneys for Blue Fern Development LLC
JOHNS MONROE MITSUNAGA KOLOUSKOVA PLLC
ATTORNEYS AT LAW
11201 SE 8"' St., Suite 120
Bellevue, Washington 98004
Tel: 425-451-2812 / Fax: 425-451-2818