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Exhibit S (Added). Hearing Examiner Presentationr J�� I J J �-D F '--Jj -rJ : 1--ji -' --J J J V �J 41k CITY f Federal Way J�� I J J �-D F '--Jj -rJ : 1--ji -' --J J J V �J 41k CITY f Federal Way ��1j �J r JD �� r �� \11j �1j ��I1I 1J.� J� J Public Hearing HEX23-005 — Wednesday, October 11, 2023 — lo:ooam City Council Chambers Exhibits and Staff Report are available at: https://docs.citvoffederalway.com/WebLink/Browse.aspx?id=1921144&dbid= 0&repo=cityoffedera lway nrr or Federal Way Amend existing Concomitant Zoning Agreement (CZA) for the property located at 16o SW Campus Drive, parcel number 415920- 0710 (WinCo Foods property) to remove its applicability to the WinCo Foods property. Federal Way J a� w `� . ............. LP MVIF "2 Li S 338th St �. 3 a �rhPi � -s3 � _40rh. N 4 5F .•ill El . �. .. o i a C Y N Q. ■ S 340th St 1 4J7tf72C LBk2. b ■ K Its C 13 "ft t!T ;,.5 34151 T '9a1 y .. TS 344th St aA M 5.347tli P1 w. S S3AthSt v i i e r ,,.,S H4fthso 6 r�� -� --,] I r,fJ-TJ Parcel is rectangular in shape and totals approximately 8.4 acres. Parcel is located at the northwest corner of SW 348t" ST and is' Ave S. The property is currently zoned Community Business (BC) with additional regulations and restrictions on top of the base zoning as a result of the CZA. The property is currently developed with a WinCo Foods grocery store. F Federal Way r�� Jr, The applicant intends to partially redevelop the WinCo Foods grocery store located at 16o SW Campus Drive, parcel number 415920-0710. Under the current limitations outlined in the CZA, a proposal to expand the existing WinCo Foods grocery store to achieve a total footprint over 8o,000 square feet would be prohibited, as it would exceed the maximum allowed square footage allowed in the CZA. The request in this application is not to expand the WinCo Foods grocery store. The request is remove the CZA applicability to the WinCo Foods property to remove the limitations of a future expansion. nrr or Federal Way �J � -r -\ -j The City and Quadrant Corporation, a Washington corporation were parties to the original Concomitant Zoning Agreement dated July 24, 1990 On June 4, 1991, the Federal Way City Council approved Ordinance No.91-99, rezoning an approximate 14-acre site from Single Family Residential (RS 9.6) to Community Business (BC) and adopting specific conditions as contained in the adopting ordinance. The CZA contains, among other things, limits to allowable uses on the property, specific development standards for maximum building size, fa4ade modulations, location of parking, buffers, open space, park development fees and surface water improvements. nrr or Federal Way \J IJ r J J �I �' �� s-� III � IJ �J IlI IJ r Use Process I I I and V Applications Filed: August 10, 2021 * SEPA Determination Issued: May 27, 2022 * Use Process III Application Withdrawn: August 10, 2022 * Notice of Application and notice of Public Hearing Published: September 15, 2023 One comment was received on the SEPA determination. No SEPA appeal was filed. No comments were received on the land use application notice. nrr or Federal Way V -) I _F I _rFJJJJd-� f_', -/,Is\ IlI:_1_:.JJII Il111- Pursuant to Section 3 of the CZA, the "agreement may be amended by the City or the Owner by filing an application therefore, which shall be considered and heard in the same manner as a City -initiated quasi-judicial rezone of the property. Such action shall not release the Owner or the City from any obligation assumed under the CZA, unless and until such amendment has been approved by the City." Pursuant to Federal Way Revised Code (FWRC) 19.75, city -initiated quasi-judicial rezones are treated as non -project rezones, and must be reviewed and decided upon under Process V. Under Process V, the hearing examiner holds a public hearing and based on the record of that hearing makes a recommendation to city council, who will ultimately make the final decision on the application. 4k Federal Way _J V �� I -F D r 0 0 _(-oJ �' �� -� IfJ _E�_J I _(1J IIJ _: L__JJ I r Pursuant to in FWRC 19.75.130(3)(a), "Decisional Criteria." the Hearing Examiner shall use the following criteria for non -project quasi-judicial rezones and may recommend approval of the proposed CZA amendment only if the following decisional criteria are met: lo The proposed rezone is in the best interest of the residents of the city; and ii. The proposed rezone is appropriate because either: A. Conditions in the immediate vicinity of the subject property have significantly changed since the property was given its present zoning and that, under those changed conditions, a rezone is within the public interest; or B. The rezone will correct a zone classification or zone boundary that was inappropriate when established; iii. It is consistent with the comprehensive plan; iv. It is consistent with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan; v. It is consistent with the public health, safety, and welfare. nrr or Federal Way 11� 11� �f� Based on review of the application, environmental record, and pertinent decisional criteria, the proposal meets the criteria. The Department of Community Development recommends that the Hearing Examiner approve the proposal to remove the CZA's applicability as to the WinCo Foods property entirely, leaving the WinCo Foods property zoned BC without any additional regulations or restrictions. Federal Way Questions? Federal Way