Res 08-526
RESOLUTION NO. Off- 5;)..{,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
W ASIDNGTON, APPROVING FEDERAL WAY VILLAGE PRELIMINARY
PLAT, FEDERAL WAY FILE NO. 06-106382-00 SUo
WHEREAS, the applicant, Federal Way Village, LLC, applied to the City of Federal Way for
preliminary plat approval to subdivide certain real property known as Federal Way Village, and
consisting of approximately 25.47 acres into ninety-five (95) zero-lot line townhouse residential lots
located at the southwest comer of South 336th Street and Pacific Highway South; and
WHEREAS, on February 16, 2008, an Environmental Mitigated Determination of Nonsignificance
(MDNS) was issued by the Director of Federal Way's Department of Community Development Services
pursuant to the State Environmental Policy Act (SEP A), Chapter 43.21 C of the RCW; and
WHEREAS, the Federal Way Hearing Examiner on April 16, 2008, held a public hearing concerning
the Federal Way Village preliminary plat; and
WHEREAS, following the conclusion of said hearing, on April 30, 2008, the Federal Way Hearing
Examiner issued a written Report and Recommendation containing findings and conclusions, and
recommending approval of the Federal Way Village preliminary plat subject to conditions set forth
therein; and
WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-127 of
the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and
WHEREAS, on June 2, 2008, the City Council Land Use/Transportation Committee considered the
record and the Hearing Examiner recommendation on Federal Way Village preliminary plat, pursuant to
Chapter 20 ofthe Federal Way City Code, Chapter 58.17 ofthe RCW, and all other applicable City codes,
and voted to forward a recommendation for approval of the proposed Federal Way Village preliminary
plat to the full City Council, with no changes to the Hearing Examiner recommendation; and
Res. # () If - S ;l(,p ,Page I
File #06- I 06382-00-SU I Doc ID 45408
WHEREAS, on June 17, 2008, the City Council considered the record and the Hearing Examiner
recommendation on Federal Way Village preliminary plat, pursuant to Chapter 20 of the Federal Way
City Code, Chapter 58.17 ofthe RCW, and all other applicable City codes.
Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY
RESOLVE AS FOLLOWS:
Section I. Adoption of Findings of Fact and Conclusions.
1. The findings of fact and conclusions of the Hearing Examiner's April 30, 2008, Findings of Fact,
Conclusions of Law and Recommendation, attached hereto as Exhibit A and incorporated by this
reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any
finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such.
2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's
recommendation, and conditions of approval as established therein, the proposed subdivision makes
appropriate provisions for the public health, safety, and general welfare, and for such open spaces,
drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary
waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are
required by City code and state law, and provides for sidewalks and other planning features to assure safe
walking conditions for students who walk to and from school.
3. The public use and interest will be served by the preliminary plat approval granted herein.
Section 2. Application Approval. Based upon the recommendation of the Federal Way Hearing
Examiner and findings and conclusions contained therein as adopted by the City Council immediately
above, Federal Way Village preliminary plat, Federal Way File Number 06-106382-00-SU, is hereby
approved, subject to conditions as contained in the April 30, 2008, Findings of Fact, Conclusions of Law
and Recommendation of the Federal Way Hearing Examiner (Exhibit A).
Section 3. Conditions of Al>proval Integral. The conditions of approval of the preliminary plat are all
integral to each other with respect to the City Council finding that the public use and interest will be
served by the platting or subdivision of the subject property. Should any court having jurisdiction over the
Res. #
, Page 2
File #06- 106382-OO-SU I Doc ID 45408
subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat
approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the
City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or
conditions and conduct such additional proceedings as are necessary to assure that the proposed plat
makes appropriate provisions for the public health, safety, and general welfare and other factors as
required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such
recommendation to the City Council for further action.
Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to
be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this
resolution.
Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make
necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical
errors, references, resolution numbering, section/subsection numbers and any references thereto.
Section 6. Ratification. Any act consistent with the authority and prior to the effective date of the
resolution is hereby ratified and affirmed.
Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal
Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS !l ~A Y OF
~~
,2008.
Res. # of( ,,S U , Page 3
File #06- J06382-00-SU I Doc ID 45408
ATTEST:
CIf1t~~~~
APPROVED As To FORM:
~~U: ~^
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WIlli THE CITY CLERK: ~q
PASSED By THE CITY COUNCIL: to (7.. cfS
RESOLUTION NO. 0 . 5 d- V
Res. # 08 -5U , Page 4
File #06-] 06382-00-SU I Doc ID 45408
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P.L.L.C.
ATTORNEYS AT LAW
~ity Clerks Office
City or Federal Way
N. Kay Richards
Legal Assistant
206.447.2231
krichards@omwlaw.com
April 30, 2008
Laura K. Hathaway
City Clerk
City of Federal Way
P. O. Box 9718
Federal Way WA 98063-9718
Re: Federal Way Village Decisions - 06-106382-00-SU and 07-102851-00-UP
Dear Laura:
At the request of Phil Olbrechts, enclosed are copies of the executed originals of the above-
referenced decisions.
Very truly yours,
OGDEN MURPHY WALLACE, P.L.L.C.
11.~~
N. Kay Richards, Legal Assistant to
Phil Olbrechts
/nkr
Enclosures
Established 1902
A Member of the Internatianallowyers Network with independent member law firms worldwide
1601 Fifth Avenue, Suite 2100 . Seattle, WA 98101-1686
f PA0694675 DOC: II] 3041.9000001 I
. 206.4477000 . Fax: 206.4470215 . Web www.omwlow.com
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BEFORE THE HEARING EXAMINER FOR THE CITY OF FED RA WAY
City Clerks Office
Phil Olbrechts, Hearing Examiner City of Federal Way
RE: Federal Way Village, LLC
File No. 06-I06382-00-SU
FINDINGS OF FACT, CONCLUSIONS OF
LA W AND RECOMMENDATION
INTRODUCTION
The applicant requests approval of a preliminary plat to subdivide 25.47 acres into 95 zero-lot
line townhouse residential lots. The Examiner recommends approval subject to conditions
recommended by staff.
ORAL TESTIMONY
Staff summarized the staff report and staff and the applicant answered some questions from the
Examiner. There was no testimony in opposition and the staff report and exhibits contained all
information necessary to evaluate the proposal.
EXHIBITS
See list of exhibits at pp. 21 and 22 of the April 4, 2008, staff report prepared by Senior Planner
Janet Schull.
FINDINGS OF FACT
Procedural:
1. Applicant. The applicant is Federal Way Village, LLC.
2. Hearing. The Hearing Examiner conducted a hearing on the application at 10:00 a.m. at
Federal Way City Hall on April 16,2008.
Substantive:
3. Site/Proposal Description. The applicant proposes to subdivide an approximate 25.47
acre site into 95 zero-lot line townhouse residential lots. The proposed preliminary plat map
(Exhibits AI-A3), along with conceptual grading and utility plan (Exhibits A6-A 7), tree
retention plan (Exhibit A8), and a preliminary landscape plan (Exhibits A9-All) have been
submitted into the record. Two large wetlands with lOO-foot buffers are located to the east and
west of the proposed zero-lot line townhouse development. Subdivision development would
occur in a portion of the site located between the wetland buffers. On the east side of Wetland 2
is the site of the proposed commercial mixed-use portion of the Federal Way Village Master
Plan, which will include over 300,000 square feet of commercial, retail, office, and multifamily
residential development. The site is located in the east-central portion of the City, southwest of
IPA0694672.DOC;11I3041.9000001}
Preliminary Plat Recommendation
p. 1
Findings, Conclusions and Recommendation
the intersection of South 336'h Street and Pacific Highway South (Exhibit B). The site is
accessed from South 336th Street via a proposed new Road A and from Pacific Highway South
via a new Road C. The subject site has a land area of approximately 44 acres. As shown on the
preliminary plat map, Sheets 3 and 4 of 14, by ESM Consulting Engineers (Exhibit A2-A3), all
lots in the zero-lot line townhouse plat meet or exceed the underlying code-required minimum lot
size of 1,500 square feet (RM 2400). These lots range in size from 1,560 to 3,343 square feet,
with an average lot size of 1,976 square feet. The subject site contains two wetlands (Wetlands 1
and 2). They are both regulated as Category II wetlands, with 100-foot buffers. Two small
Category III wetlands (Wetlands 3 and 4) are located on the adjacent BC-zoned, proposed mixed
use portion of the overall Federal Way Village Master Plan site. Wetlands 3 and 4 are proposed
to be eliminated with development of the adjacent commercial mixed use development.
Mitigation for the filling of Wetlands 3 and 4 has already been implemented as part of the South
336th Regional Stormwater Detention Facility located just south of the subject site. In addition,
the site is located within ten-year contour areas associated with Critical Aquifer Recharge and
Wellhead Protection Areas.
4. Characteristics of the Area. The surrounding land uses are business and office parks and
community business. There is also a regional storage facility to the south. The property is
situated southeast of the central portion of the City in an area with a mixture of existing uses and
vacant property. The area to the north of the property and across South 336th Street is largely
developed with office uses. A senior housing development is located to the immediate west of
the property. A mixture of light industrial, business park development is located to the
southwest. Immediately south of the property is the South 336th Street Regional Storm water
Detention Facility. Immediately to the east of the proposed zero lot line subdivision is vacant
land zoned Community Business (BC). This BC-zoned area represents the balance of the
proposed 44-acre Federal Way Village Master Plan development.
5. Adverse Impacts. The project has undergone a SEP A review and was issued a MONS.
The mitigation measures identified were a transportation improvement plan and various
improvements to traffic signal. Approval of the preliminary plan will be subject to submittal and
approval of a tree clearing plan. Mitigation measures for wetlands on site have been addressed
separately. Protection of the Aquifer Recharge and Wellhead Protection Areas will be addressed
during the design and construction phase. The existing 336th Regional Stormwater Detention
Facility should be able to handle the additional stormwater runoff resulting from the project.
6. Adequacy of Infrastructure and Public Services. As mitigated by staff, adequate
infrastructure will serve development as follows:
· Transportation: As proposed and as required by the FWCC, all internal and external
public rights-of-way must be dedicated by statutory warranty deed to the City of
Federal Way and improved to all applicable FWCC street standards. Internal streets
are designed in accordance with the City's local access street standard with certain
modifications that were reviewed and approved by the Public Works Department (see
modification letter, Exhibit N).
· Open Space: To comply with the common open space requirements, the applicant
has proposed 34,679 square feet of common open space located in two tracts (Tracts
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Findings, Conclusions and Recommendation
G and N) located along the eastern edge of the development and western edge of the
buffer area associated with Wetland 2. Within these open space tracts, there is a
pedestrian trail system and three lots. The total proposed square footage devoted to
lots is 2,428 square feet (minimum required is 10 percent of 19,000 square feet, or
1,900 square feet). The common space and pedestrian trail is proposed adjacent to
the edge of the buffer area associated with Wetland 2. A text note addressing
dedication and maintenance provisions shall be noted on the face of the final plat and
pursuant to the subdivision code, homeowners association covenants are required to
be submitted for City review prior to final plat approval.
· Drainage: Development of the site will create additional run off from new
impervious surfaces such as streets, driveways, and rooftops. Storm drainage
facilities are being designed in accordance with the 1998 KCSWDM and the City's
amendments to the manual. The existing South 3361h Regional Stormwater
Detention Facility provides mitigation for the runoff rate increases under improved
conditions of the development. Per the settlement agreement (Exhibit J), a portion of
the overall Federal Way Village Master Plan site will be permitted to discharge to the
existing South 336th Regional Stormwater Detention Facility. For areas of the site
not covered by the agreement, rights to detention will be purchased for a fee of
$5,022.0 per gross acre. Stormwater water quality shall be mitigated using approved
facilities in accordance with the 1998 KCSWDM and the City's amendments to the
manual. Final review and approval of the storm drainage facilities as shown on the
engineering plans will occur in conjunction with full drainage review. Stormwater
design and plat drainage elements must conform to the standards, policies, and
practices of the City of Federal Way's Surface Water Management Division, as
outlined in the adopted KCSWDM and City amendments, the Comprehensive
SU/face Water Management Plan, and the Stormwater System Operation and
Maintenance Manual. The approved storm drainage facilities must be constructed per
City code requirements, prior to final plat approval and recording of the subdivision.
· Water: The applicant proposes to serVe the subdivision with a public water supply
and distribution system managed by the Lakehaven Utility District. The August 30,
2006, Certificate of Water Availability (Exhibit R) indicates Lakehaven's capacity to
serve the proposed development through a Developer Extension Agreement (DBA).
· Sewage: The applicant proposes to serve the proposed plat by a public sewer system
managed by Lakehaven Utility District. An August 30, 2006, Certificate of Sewer
Availability (Exhibit Q) indicates the district's capacity to serve the proposed
development through a Developer Extension Agreement (DEA) between the
applicant and the district.
· Schools: As part of the City's review of the proposal, the preliminary plat application
was referred to the Federal Way School District for review. Panther Lake
Elementary, Ilahee Middle School, and Todd Beamer High School will serve the
proposed subdivision. All middle school and high school students from this
development would receive bus transportation to and from school, as these schools
are over one mile from the subject site. Students attending Panther Lake Elementary
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Preliminary Plat Recommendation
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Findings, Conclusions and Recommendation
will walk to school via sidewalks proposed along Road A, connecting to existing
sidewalks on South 336'" Street and 1st Way South. School service areas are
reviewed annually and may be adjusted to accommodate enrollment growth and new
development. School impact fees, as authorized by City ordinance and collected at
the time of building permit issuance, are currently $1,729.50 per zero-lot line
townhouse unit. School impact fees are determined on the basis of the District's
Capital Facilities Plan and are subject to annual adjustment and update.
· Fire Protection: The Certificate of Water Availability from the 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 will be reviewed and approved by South King Fire and Rescue.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner: FWCC 20-110 (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.
Substantive:
2. Zoning Designation: Multifamily Residential - RM2400.
3. Review Criteria and Application. FWCC 20-126(c) governs the criteria for preliminary
plat approval. Those criteria are quoted in italics below and applied to the application under
corresponding Conclusions of Law.
FWCC 20-126(c): 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:
( 1) It is consistent with the comprehensive plan;
4. The application is subject to the adopted Federal Way Comprehensive Plan (FWCP),
which designates the property as Multifamily. The proposed land use, Residential Multifamily
2400 (RM-2400), with 1,500 square foot minimum lot size, is consistent with density allowances
and policies applicable to this land use as established in the FWCP.
FWCC 20-126(c)(2): It is consistent with all applicable provisions of the Chapter, including
those adopted by reference from the comprehensive plan:
5. The preliminary plat application is required to comply with the provisions of the FWCC
Chapter 18, "Environmental Policy"; Chapter 20, "Subdivisions"; Chapter 22, "Zoning"; and all
other applicable codes and regulations. Future development of the residential subdivision will be
required to comply with all applicable development codes and regulations. As proposed, and
with conditions as recommended by staff, the preliminary plat will comply with all provisions of
the chapter.
I PA0694672.DOC;J/1304) .900000/}
Preliminary Plat Recommendation
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Findings, Conclusions and Recommendation
FWCC 20-126(c)(3): It is consistent with public health, safety, and welfare.
6. The proposed preliminary plat would permit development of the site consistent with the
current Multifamily Residential land use classification of the FWCP and map. Proposed
vehicular access and fire hydrant locations must meet all requirements of South King Fire and
Rescue. Sidewalks are proposed to provide safe access to schools and school bus stops. Future
development of the plat in accordance with applicable codes and regulations should ensure
protection of the public health, safety, and welfare.
FWCC 20-126(c)(4): It is consistent with the design criteria listed in FWCC 20-2:
FWCC 20-2: This chapter is adopted in furtherance of the comprehensive plan.ofthe City. It is
hereby declared that the regulations contained in this chapter are necessary to:
( 1 ) Promote the health, safety and general welfare in accordance with the standards
established by the state and the city;
7. As noted in the Washington State Growth Management Act, the Washington State
Legislature has found it to be in the public interest to prevent urban sprawl and to promote the
efficient use of infrastructure. The infill development proposed by the applicant at urban
densities meets these objectives. Also, as previously discussed, the project, as mitigated, creates
no material or significant adverse impacts and there is adequate infrastructure to meet the needs
of the new development. For these reasons, the project promotes the health, safety, and general
welfare in accordance with the standards established by the state and the city.
FWCC 20-2(2): Promote effective use of land by preventing the overcrowding or scattered
development which would injury health, safety or the general welfare due to lack of water
supplies, sanitary sewer, drainage, transportation or other public services, or excessive
expenditure of public funds for such services:
8. As previously noted, the project constitutes infill development in an area that is already
characterized and developed by residential development. Also as previously discussed, the
project is served (or as conditioned will be served) by adequate infrastructure. For these reasons,
the above criterion is satisfied.
FWCC 20-2(4): Provide for adequate light and air.
9. The density of the project meets the density requirements for the RM 2400 zoning
district. The applicant will have to comply with the dimensional requirements of the zoning code
for any structures it builds in order to get through building permit review. The dimensional
standards of the City's Zoning Code set the standard for adequacy of light and air and for these
reasons the above criterion is satisfied.
FWCC 20-2(5): Provide for water, sewage, drainage, parks and recreational areas, sites for
schools and school grounds and other public requirements:
10. As noted in the Findings of Fact, the project is served by adequate infrastructure.
IPA0694672.DOC;1I1304J .9000001)
Preliminary Plat Recommendation
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Findings, Conclusions and Recommendation
FWCC 20-2(6): Provide for proper ingress and egress:
11. According to staff, as conditioned, access to all lots will comply with City design
standards.
FWCC 20-2(7): Provide for housing and commercial needs of the community:
12. The project provides for infill development and urban densities and therefore satisfies the
above criteria.
FWCC 20-2(8): Require unifonn monumenting of land divisions and conveyance of accurate
legal descriptions:
13. FWCC 20-111(b) requires that the survey of the proposed subdivision must be made by
or under the supervision of a registered land surveyor who shall certify that it is a true and
correct representation of the land surveyed. This and other requirements like it help ensure that
the objective of uniform monumenting of land divisions and accurate legal descriptions are
satisfied.
FWCC 20-2(9): Protect environmentally sensitive areas:
14. As noted previously, the project has gone through a review under the State
Environmental Policy Act, which ensures that all environmentally sensitive areas are protected
and mitigated. As noted above, mitigation measures for the nearby wetlands have been
completed or will be in conjunction with the approval on the fill and buffer averaging.
FWCC 20-2(10): Provide for flexibility and site design to accommodate view enhancement,
protection, protection of streams and wetlands, protection of steep slopes and other
environmental significant or sensitive areas.
15. The project incorporates features designed to comply with the above criterion vis-a-vis
the wetlands and their buffers.
FWCC 20-12S(c)(S): It is consistent with the development standards listed in FWCC 20-151
through 20-157, and 20-178 through 20-187.
16. Development of this site is required to comply with the provisions of FWCC Chapter 20,
"Subdivisions"; Chapter 18, "Environmental Protection"; Chapter 22, "Zoning"; and all other
applicable local and state development codes and regulations. As proposed, and as
recommended by City staff, the preliminary plat application complies with all applicable statutes,
codes, and regulations.
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Preliminary Plat Recommendation
p.6
Findings, Conclusions and Recommendation
RECOMMENDATION
The Examiner recommends that the City Council approve the preliminary plat as set forth in the
staff report for 06-106382-00-SU by Senior Planner Janet Shull, subject to conditions 1 through
10 therein noted.
Dated this 5'0 -rp day of April, 2008.
~
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.....
Phil Olbrechts
Hearing Examiner
City of Federal Way
tQg
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Findings, Conclusions and Recommendation
22-447 Appeals.
(a) Who may appeal. The decisions of the hearing examiner may be appealed by any person who
is to receive a copy of that decision under FWCC 22-443.
(b) How and when to appeal. The appeal, in the form of a letter of appeal, must be delivered to
the department of community development services within 14 calendar days after the issuance of
the hearing examiner's decision. The letter of appeal must contain:
(1) A statement identifying the decision being appealed, along with a copy ofthe decision;
(2) A statement of the alleged errors in the hearing examiner's decision, including specific
factual findings and conclusions of the hearing examiner disputed by the person filing the appeal;
and
(3) The appellant's name, address, telephone number and fax number, and any other information
to facilitate communications with the appellant.
(c) Fee. The person filing the appeal shall include, with the letter of appeal, the fee established by
the city.
(1) In addition to the appeal fee, the appellant shall pay an amount sufficient to cover the cost of
preparing the written transcript of the hearing examiner hearing, at the cost of $16.00 per hour.
(2) In lieu of payment of the transcript preparation costs, the appellant may choose to prepare the
transcript from tapes of the hearing provided by the city, at appellant's sole cost. The prepared
transcript shall be submitted to the city hearing examiner secretary for distribution no later than
20 days prior to the date of the hearing on appeal, and shall be accompanied by an affidavit or
certification by the appellant as to the accuracy and completeness of the transcript.
(3) The appeal will not be accepted unless it is accompanied by the required fee and appropriate
costs.
(4) The cost of the transcript shall be refunded to the appellant if the appellant substantially
prevails on appeal. The city council shall decide whether appellant substantially prevailed on
appeal and that decision shall be final. The transcript refund shall be limited to actual costs of
transcript preparation as follows:
a. City staff preparation. Hourly cost of preparation.
b. Appellant preparation from tapes. Actual costs as shown by certified receipt or other evidence
sufficient to the city.
(d) Jurisdiction. Appeals from the decision of the hearing examiner will be heard by city council.
{PA0694672.DOC; ]11304] .9??oo0/)
Preliminary Plat Recommendation
p. 8
Findings, Conclusions and Recommendation
File No. 07-102851-00-UP
USIONS OF
BEFORE THE HEARING EXAMINER
RE: Federal Way Village, LLC
INTRODUCTION
The applicant seeks approval to fill two Category ITI wetlands and buffer averaging within the
environmentally sensitive areas of two Category II wetlands. The Examiner approves the request
with conditions.
TESTIMONY
See tape I transcript of public hearing.
EXHIBITS
See list of exhibits at page 11 of the staff report for 07-102851-00-UP by Senior Planner Janet
Shull.
FINDINGS OF FACT
Procedural:
1. Applicant. The applicant is Federal Way Village, LLC.
2. Hearing. The Hearing Examiner conducted a hearing on the application at 2:00 p.m. at
Federal Way City Hall on April 16, 2008.
Substantive:
3. SitelProposal Description. The overall proposal includes construction of 326,450
square feet of mixed use commercial, office, and multifamily residential space, and a 95-unit
zero-lot line townhouse subdivision on an approximated 44-acre site (Exhibit A). The site is
located at the southwest corner of the intersection of South 336th Street and Pacific Highway
South, in Federal Way (Exhibit B). There are four wetlands on the subject site. The applicant is
requesting the filling of two Category III wetlands (Wetlands 3 and 4), which represent
approximately 0.30 acres of wetland area. Approximately 0.90 acres of new wetland was
established along the southern edge of Wetland 2 as part of the construction of the South 336110
Street Regional Stormwater Detention Facility. The applicant is also requesting buffer averaging
within an environmentally sensitive area (Category II wetland buffer area) associated with
Wetlands 1 and 2, in order to facilitate development of zero-lot line townhouse buildings,
construct a public right-of-way, and construct a pedestrian trail connecting a series of common
I PA0694663.DOC; 1/13041.9000001}
Wetland Buffer Modification
p. 1
Findings, Conclusions and Decision
open space areas. Proposed buffer averaging results in a total additional buffer area for the two
wetlands of 39 square feet of buffer area.
4. Characteristics of the Area. The surrounding land uses are business and office parks and
community business. There is also a regional storage facility to the south.
5. Adverse Impacts. The loss of the wetlands 3 and 4 and buffer averaging for wetlands 1
and 2 may impact water quality, wildlife habitat, drainage, and erosion. The impacts of the
proposed variance are moderate. As noted below, however, mitigation measures either have
already been implemented or will be implemented to minimize the effects to acceptable levels as
set forth in the city code. Mitigation measures proposed performed and proposed by the
applicant have been reviewed by the City's consultant, who found them to be code compliant.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner: FWCC 22-1358 provides that wetland modification
must be approved through a Process IV Review. FWCC 22-1359 provides that buffer averaging
must be approved through a Process III Review. FWCC 22-388 provides that if the component
requiring a Process III Review is part of a project requiring a Process IV Review, then the entire
project shall be subject to a Process IV review. FWCC 22-431 through 22-460 provides that the
Examiner shall issue a final decision on a Process IV review, which is appealable to the City of
Federal Way City Council.
Substantive:
2. Zoning Designation: The project site presently has a zoning designation of Community
Business (BC) and Multifamily Residential (RM 2400). The comprehensive plan designations
are Community Business and Multifamily. The proposed uses are allowed in the Be and RM
2400 zoning districts.
3. Review Criteria and Application. FWCC 22-1358(d) addresses the impacts to regulated
wetlands (wetlands 3 and 4) and FWCC 22-1359(b) addresses buffer averaging (wetlands 1 and
2). FWCC 22-445(c) contains additional decision criteria that apply to all projects reviewed by
the Hearing Examiner during Project IV Review. The criteria are quoted in italics below and
applied to the project under corresponding Conclusions of Law.
Wetlands 3 and 4 - Fill.
FWCC22-1358(d)(1): It will not adversely affect water quality.
4. According to staff, mitigation measures dealing with water quality have already been
implemented. The proposed elimination of Wetlands 3 and 4 will not adversely affect water
quality because the wetland elimination was considered and has already been mitigated as part of
overall plans for construction of the Kitts Comer/ South 336' Regional Stormwater Facility
System.
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Wetland Buffer Modification
p.2
Findings, Conclusions and Decision
FWCC 22-1358(d)(2): It will not adversely affect the existing quality of the wetland's or
buffer's wildlife habitat.
5. The elimination of Wetlands 3 and 4 will result in a loss of wildlife habitat associated
with these wetlands. However, the combined 0.30 acres of wetland that is to be eliminated has
been mitigated through the creation of 0.90 acres of forested wetland as provided in FWCC 22-.
1358(e). Mitigation of these two wetlands was accomplished as part of the South 336th detention
facility construction on a 3:1 basis. Specifically, 0.90 acres (of a total 1.23 acres) of forested
wetland was created south of the earthen dam at the south end of Wetland 2 to compensate for
0.30 acres of wetland impacts resulting from the filling of Wetlands 3 and 4.
FWCC 22-1358(d)(3): It will not adversely affect drainage or stormwater retention
capabilities.
6. As noted above, the proposed filling of Wetlands 3 and 4 was anticipated in the design of
the regional stormwater .detention facility system. This system has been in place and is designed
to accommodate the drainage requirements for the proposed development of the subject site.
FWCC 22-1358(d)(4): It will not lead to unstable earth conditions nor create erosion hazards.
7. The construction of the proposed project is subject to City review and approval, during
which time the applicant will be expected to provide final stormwater drainage, grading, and
erosion control plans. This process should ensure compliance with the above criterion.
FWCC 22-1358(d)(5): It will not be materially detrimental to any other property in the area of
the subject property nor to the city as a whole, including the loss of open space.
8. The wetlands proposed to be eliminated are located entirely within the subject site. As
noted above, they have been mitigated with replacement wetland area within the same wetland
system contiguous to Wetland 2, located at the south end of the subject site. The above criterion
is satisfied.
FWCC 22-1358(d)(6): It will result in no net loss of wetland area, function or value.
9. As noted above, mitigation for the two wetlands to be eliminated was accomplished as
part of the South 336th detention facility construction on a 3:1 basis. Specifically, 0.90 acres (of
a total 1.23 acres) of forested wetland was created south of the earthen dam at the south end of
Wetland 2 to compensate for 0.30 acres of wetland impacts resulting from the filling of Wetlands
3 and 4. As a result, there will be no net loss of wetland area, function or value.
FWCC 22-1358(d)(7): The project is in the best interest of the public health, safety or welfare.
10. The project is in the best interest of the public health, safety, or welfare because the
eliminated wetlands have been replaced with three times the amount of wetland area at the south
end of Wetland 2. This replacement wetland area is part of a wetland system that is a higher
classification and provides better retention, water quality, and habitat functions than the
eliminated wetland areas.
{PA0694663.DOC; 1113041.90??oo1}
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Findings, Conclusions and Decision
FWCC 22-1358(d)(8): The applicant has demonstrated sufficient scientific expertise and
supervisory capability to carry out the project.
11. The mitigation measures have already been completed.
FWCC 22..1358(d)(9): The applicant is committed to monitoring the project and to making
corrections if the project fails to meet projected goals.
12. As noted above, the mitigation measures have already been completed. The mitigation
site has been established and according to staff, the City of Federal Way has been monitoring it
as part of its ongoing maintenance of the regional stormwater facility.
Wetlands 1 and 2 - Buffer Averaging.
FWCC 22-1359(b)(1): Reduced buffers will not affect the water quality entering a wetland or
stream.
13. According to applicant's environmental report, "Functional Assessment of the Federal
Way Village Wetland Buffer Averaging Plan" (Exhibit F), the proposed wetland buffer reduction
should not adversely affect water quality because the minimum proposed buffer width is 50 feet.
The wetland buffers are densely vegetated with mature, native plant communities, which will
remain. Thus, the proposed reduction still leaves enough buffer width to effectively filter
sediment, and pollutants out of water before they reach the wetlands.
FWCC 22-1359(b)(2): Reduced buffers will not adversely affect the existing quality of wildlife
habitat within the wetland or the buffer.
14. According to staff, the proposed averaged buffers will not adversely affect the existing
quality of wildlife habitat within the wetlands any more than the standard buffer width would.
Mature forested areas will be minimally impacted. The mitigation plan proposes to offset the
loss of wetland buffer area associated with Wetlands 1 and 2 through the addition of wetland
buffer areas contiguous with a portion of the remaining 100-foot buffer areas. As a result, total
buffer area will be increased by 39 square feet, which should provide additional wildlife habitat.
FWCC 22-1359(b)(3): Reduced buffers will not result in unstable earth conditions nor create
erosion hazards.
15. According to staff, the project should not lead to unstable earth conditions or create
erosion hazards because the existing wetland buffers are densely vegetated, not steeply sloped,
and not narrow enough to create erosion from surface flow into the wetland. The above criterion
is satisfied.
FWCC 22-1359(b)(4): Reduced buffers will not be detrimental to any other public or private
properties, including the loss of open space.
16. The proposed buffer averaging will result in less lost open space than the standard 100-
foot buffers, because as noted above, 39 square feet of area will be added to the total buffer area.
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Findings, Conclusions and Decision
The buffer averaging should not be detrimental to other properties because the wetlands and
buffers in question are contained on site.
Miscellaneous Criteria for Process IV Review.
FWCC 22-44S(c)(1): It is consistent with the Comprehensive Plan.
17. As noted above, the mitigation measures for the requested fill and buffer averaging is
consistent with the following Comprehensive Plan (FWCP), Chapter 9, "Natural Environment,"
Wetlands sections:
"Protect and enhance the functions and values of the City's wetlands," (Goal NEG7).
"The City will protect its wetlands with an objective of no overall net-loss of functions or
values," (Policy NEP43).
"Mitigation sites should replace or augment the wetland values to be lost as a result of a
development proposal. Sites should be chosen that would contribute to an existing wetland
system, or, if feasible, restore an area that was historically a wetland." (Policy NEP49).
"The City will protect wetlands by maximizing infiltration opportunities and promoting the
conservation of forest cover and native vegetation." (Policy NEP51).
FWCC 22-44S(c)(2): It is consistent with all applicable provisions of this chapter and all other
applicable laws.
18. Staff has found no inconsistencies with any other provisions of the Federal Way City
Code.
FWCC 22-445(c)(3): It is consistent with the public health, safety, and welfare.
19. As noted above, the mitigation measures will increase both the net amount of wetlands
and buffers, which should result in better habitat and benefits associated with wetlands such as
conservation and scenic resources.
FWCC 22-445(c)(4): The streets and utilities in the area of the subject property are adequate to
serve the anticipated demand from the proposal.
20. The streets and utilities in the area have been evaluated in accordance with all applicable
codes, policies, and regulations, and determined to be adequate to serve the anticipated demand
from the proposal, provided all recommended conditions of preliminary plat and master plan
approval are met. The utility extension is a component of the overall infrastructure as required
for the plat and Federal Way Village Master Plan.
FWCC 22-445(c)(S): Proposed access to the subject property is at the optimal location and
configuration for access.
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Findings, Conclusions and Decision
21. The access to the subject property is provided at optimal locations and configurations as
determined through the City's SEP A, Process III Director's Design Review, and preliminary plat
review of the proposed overall master plan and zero-lot line subdivision. The proposed
pedestrian trail is at the optimal location, connecting both ends of the plat within a network of
connected common space areas.
DECISION
The Examiner approves the applicant's request as set forth in the staff report for 07-102851-00-
UP by Senior Planner Janet Shull, subject to conditions 1 through 4 therein noted.
Dated this 30~ day of ~
,2008.
~
~~
Phil Olbrechts
Hearing Examiner
City of Federal Way
{P A0694663.DOC;] 1130419000001)
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Findings, Conclusions and Decision
22-447 Appeals.
(a) Who may appeal. The decisions of the hearing examiner may be appealed by any person who
is to receive a copy of that decision under FWCC 22-443.
(b) How and when to appeal. The appeal, in the form of a letter of appeal, must be delivered to
the department of community development services within 14 calendar days after the issuance of
the hearing examiner's decision. The letter of appeal must contain:
(1) A statement identifying the decision being appealed, along with a copy of the decision;
(2) A statement of the alleged errors in the hearing examiner's decision, including specific
factual findings and conclusions of the hearing examiner disputed by the person filing the appeal;
and
(3) The appellant's name, address, telephone number and fax number, and any other information
to facilitate communications with the appellant.
(c) Fee. The person filing the appeal shall include, with the letter of appeal, the fee established by
the city.
(1) In addition to the appeal fee, the appellant shall pay an amount sufficient to cover the cost qf
preparing the written transcript of the hearing examiner hearing, at the cost of $16.00 per hour.
(2) In lieu of payment of the transcript preparation costs, the appellant may choose to prepare the
transcript from tapes of the hearing provided by the city, at appellant's sole cost. The prepared
transcript shall be submitted to the city hearing examiner secretary for distribution no later than
20 days prior to the date of the hearing on appeal, and shall be accompanied by an affidavit or
certificati<;>n by the appellant as to the accuracy and completeness of the transcript.
(3) The appeal will not be accepted unless it is accompanied by the required fee and appropriate
costs.
(4) The cost of the transcript shall be refunded to the appellant if the appellant substantially
prevails on appeal. The city council shall decide whether appellant substantially prevailed on
appeal and that decision shall be final. The transcript refund shall be limited to actual costs of
transcript preparation as follows:
a. City staff preparation. Hourly cost of preparation.
b. Appellant preparation from tapes. Actual costs as shown by certified receipt or other evidence
sufficient to the city.
(d) Jurisdiction. Appeals from the decision of the hearing examiner will be heard by city council.
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Findings, Conclusions and Decision