Res 13-641RESOLUTION NO. 13-641
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, OF ITS INTENT TO REZONE
RELATED TO KITTS CORNER (AKA FEDERAL WAY VILLAGE),
FILE NO. 13-101180-00-UP/13-1011810-SE
WHEREAS, DevCo Inc., applied to the City for a quasi-judicial project-related rezone under File
No. 13-101180-00-UP/ 13-1011810-00-SE;
WHEREAS, the rezone request was to amend Ordinance OS-490, as subsequently amended by
Ordinances 07-558, 08-581, and 09-614, to change the designation of the proposed roadway connecting
from South 336�' Street through the proposed residential area from a public to a private street in order to
facilitate the future construction of a 208 unit multi-family complex; and
WHEREAS, on May 3, 2013, an Optional Determination of Nonsignificance (DNS) was issued by
the Director of Community and Economic Development pursuant to the State Environmental Policy Act
(SEPA), RCW 43.21C; and
WHEREAS, no appeals on the DNS were submitted to the Community and Economic
Development Department; and
WHEREAS, the May 29, 2013, staff report recommended that the Federal Way Hearing Examiner
forward to the Federal Way City Council a recommendation to approve the quasi judicial, project-related
rezone request; and
W��AS, the Federal Way Hearing Examiner, on June 6, 2013, held a public hearing
concerning the quasi-judicial project-related rezone request; and
WHEREAS, following the conclusion of said hearing, on June 20, 2013, the Federal Way Hearing
Examiner issued a"Findings of Fact, Conclusions of Law and Recommendation," attached hereto as
E�ibit A, containing findings and conclusions, and recommending approval of the quasi judicial project-
related rezone request provided, that (1) construction is limited to aparhnent buildings in the RM 2400
portion of the project site; and (2) an interim connection to Pacific Highway South is constructed prior to
Resodution No. 13-641
occupancy of any apartment buildings as depicted in the site plan in Exhibit B, revised conditions of
approval, attached hereto, to remain in place until a permanent connection is constructed for the BC
portion of the project site; and
WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to section
19.75.140(5) of the Federal Way Revised Code to grant the application as proposed; or modify and grant
the application by adopting a resolution of intent to rezone; and
WHEREAS, on July 2, 2013, the City Council considered the record and the Hearing Examiner
recommendation on the DevCo Inc, Rezone Request, pursuant to 19.75.140(5) of the Federal Way
Revised Code, and all other applicable City codes;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES
AS FOLLOWS:
Section 1. Adoption of Findings of Fact and Conclusions. The findings of fact and conclusions
of the Hearing Examiner's June 20, 2013, "Findings of Fact, Conclusions of Law and Recommendation",
attached hereto as E�ibit 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 fnding, shall be treated as such.
Section 2. Anplication Approval. Based upon the recommendation of the Federal Way Hearing
Examiner and the findings and conclusions contained therein as adopted by the City Council immediately
above, the DevCo Inc Project-Related Rezone Requsst, File No.13-101180-00, is hereby approved.
Section 3. Severabilitv. 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.
Resodution No. 13-641
Section 4. Corrections. The City Clerk and the codifiers of this resolution are autharized 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 5. Ratification. Any act consistent with the authority and prior to the effective date of
this resolution is hereby ratified and affirmed.
Section 6. 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 2°a day of July, 2013.
CITY OF FEDERAL WAY
r
MAYOR, S PRIEST
ATTEST:
CITY CLE , CAROL CNEILL , CMC
APPROVED AS TO FORM:
.
C TY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 06-25-2013
PASSED B'Y THE CITY COiJNCIL: 07-02-2013
RESOLUTION NO.: 13-641
Resolution No. 13-641
EXHIBIT A
Resolution No. 13-641
BEFORE THE HEARING EXAMINER FOR THE CITY OF FEDERAL WAY
Phil Olbrechts, Hearing Examiner
RE: Kitts Corner Rezone
FINDINGS OF FACT, CONCLUSIONS OF
13-101180-00-UP/13-1011810-SE LAW AND RECOMMENDATION
INTRODUCTION
The applicant requests a rezone in order to amend the conditions imposed by the City Council for
a conditional rezone it approved in 2005. The amendment will allow the applicant to install
private instead of public roads on a portion of the rezone site. The 2005 conditional rezone was
for a 46 acre tract previously zoned Business Park (BP) located south of South 336th St. and west
of Pacific Highway. The 2005 approval rezoned 19 acres of the site to Community Business
(CB) and the remaining 27 acres to Multi-Family (RM 2400). At the time of the rezone the
applicant originally intended to build townhomes in the RM 2400 portion of the site. The
applicant has since decided to instead construct apartment buildings. City staff have determined
that private roads are appropriate for an apartment complex and testified that such roads are
typically authorized for that type of development. The rezone is recommended for approval.
ORAL TESTIMONY
Staff Testimony
Margaret Clark, Principal Planner, stated that the subject site is located south of S 336�' Street
and west of Pacific Highway N. In 2005, the city council approved a comprehensive plan
amendment and rezone of the entire site (ordinance OS-490). The eastern portion of the site (19
acres) was rezoned from Business Park to Community Business. The western portion of the site
(27 acres) was rezoned to RM 2400. Ordinance OS-490 has been amended several times. These
amendments shifted the boundary of the site to the wetland buffer line. Several conditions of the
original rezone related to roads. These conditions required three roads to be public: road E
(extension of 336 through the site), road G(from Pacific Highway S), and road A(connects from
S 336 through the proposed residential area, down and across the wetlands). In 2008, the city
approved a master plan for the entire site. The eastern portion of the site would be commercial
with mixed-use development. The western portion would be a townhouse development. Road A
was intended to serve these townhouses. DevCo Inc, the applicant, has requested changing the
designation of road A from public to private. The applicant is requesting the change because the
master plan is changing from townhomes to apartments. A public road is not compatible with
these apartments because of the specific parking design. Additionally, the greater width of a
public road would reduce the usable space on site. Federal Way has determined there is no
public interest in requiring road A to be public. If this proposal is approved by the city council,
the western portion of the site would be developed before the eastern; therefore, a new access
would be required to connect S 336�' Street. However, the applicant has agreed to halt western
Rezone Request p. 1 Findings, Conclusions and Racommendation
construction until the eastern portion of the site is developed. Staff has recommended a
condition of approval which dictates that, prior to occupancy on the western portion of the site,
four private roads must be constructed to provide proper connections across the site. Once the
eastern portion of the site is developed, roads C and E will become public. A notice of land
application was issued on May 3, 2013. No public comments were received, and a determination
of non-significance was issued on May 17. The appeal period ended on May 31 S`, and, again, no
comments were received.
According to Ms. Clark, pages 4-7 of the staff report give detailed analysis of the criteria for the
approval of a quasi-judicial zone. In regard to the best interest of residents of the city, the
proposal will make access to the apartments easier for residents and will act as a catalyst for
development of the eastern portion of the site. This development will contribute to economic
growth in the city. The zone classifcation of the site will not change as a result of the proposal.
In regard to changing the facilities, since 2005, the market conditions have changed to favor
rentals rather than ownership; therefore, it is not the facilities of the site that have changed.
Future apartment developments on the site are consistent with the comprehensive plan. The
proposal is consistent with the public health, safety, and welfare. Staff recommends approval of
this request.
In regard to the necessity of private roads for this development, Ms. Clark noted that a private
driveway would be narrower and allow more flexibility for parking. Normally, the city does not
require public roads for apartment complexes. The city allows private drives for apartment
complex applications.
Applicant Testimony
Matt Hough, CPH Consultants, testified that the applicant concurs with the information provided
by city staff.
EXHIBITS
The exhibits listed at page 9 of the May 29, 2013 staff report prepared by Margaret Clark, in
addition to the staff report itself, were admitted during the hearing. During the June 6, 2013
hearing Ms. Clark's power point presentation was admitted as Ex. W.
FINDINGS OF FACT
ProceduraL•
Applicant. Devco Inc.
2. Hearin�. The Hearing Examiner conducted a hearing on the application at 2:30 p.m. at
Federal Way City Hall on June 6, 2013.
Substantive:
Rezone Request p. 2 Findings, Conclusions and Recommendation
3. Site/Proposal Description. The applicant requests a rezone in order to amend the conditions
imposed by the City Council for a conditional rezone it approved in 2005. The amendment will
allow the applicant to install private instead of public roads on a portion of the rezone site. The
2005 conditional rezone was for a 46 acre tract zoned previously zoned Business Park (BP)
located south of South 336�' St. and west of Pacifc Highway. The 2005 approval rezoned 19
acres of the site to Community Business (CB) and the remaining 27 acres to Multi-Family (RM
2400). At the time of the rezone the applicant originally intended to build townhomes in the RM
2400 portion of the site. The applicant has since decided to instead construct apartment
buildings. City staff have determined that private roads are appropriate for an apartment
complex and testifed that such roads are typically authorized for that type of development. The
proposal is described in more detail below as excerpted from Ms. Clark's staff report.
On June 7, 2005, the Federal Way City Council approved a legislative comprehensive plan and
conditional rezone for Kitts Corner (a 46-acre site located south of South 336th Street and west
of Pacific Highway South Exhibit B), from BP to BC and RM 2400, based on specific conditions
as contained in Ordinance No. OS- 490 (Exhibit C). As shown on Exhibit B, approximately 19
acres east of a dividing line would be designated BC and approximately 27 acres west of a
dividing line would be designated RM 2400. The conditions of the comprehensive plan
amendment and rezone (Exhibit C) required that future development of the site shall include
design, construction, and dedication of the following public roadways in accordance with
appropriate Federal Way Revised Code (FWRC) street sections (Exhibit D):
a. Thirteenth Place South 336`�' St. to the property line (Road E— Ex. D);
b. S. 340�' St. from Pacific Highway S. to the intersection of 13th Place South
extended (Road G-Ex. D);
c. A roadway connecting from S. 336th St. through the residential area, connecting to
13'h Pl. S. extended (Roads A and C— Ex. D).
On June 19, 2007, based on the applicant's request, the Federal Way City Council approved
Ordinance 07-556, which amended Ordinance OS-490 related to the size and modulation of
buildings. On June 17, 2008, the City Council approved a preliminary plat for 95 zero-lot line
townhouses for the western portion of the site (Exhibit E) per Resolution 08-526. Thereafter, on
August 5, 2008, the City Council approved a further amendment per Ordinance 08-581 (Exhibit
F), which related to the phasing of the public roads within the site as follows:
a. Prior to occupancy of any residential building on lots 1-34, the segment of Roadway
A from the southern lot line of Lot 34 northward to South 336�' St. shall be
constructed to meet all applicable standards, including a temporary cul-de-sac if
necessary. Traffic calming devices such as speed bumps, speed tables, traffic circles,
chicanes, curb extensions, signs, pavement markings, or other calming devices as
approved by the Public Works Director shall be incorporated within the residential
roadway (Ex. F, P. 9).
Rezone Request p. 3 Findings, Conclusions and Recommendation
l�. Prior to occupancy of any residential building on lots 35-95, South 340th Street from
Pacific Highway South to the intersection of 13th Place South extended (Road G), and
Road C from the intersection of 13th Place South extended westward to the
intersection with Road A, shall be constructed to meet all applicable standards. In
addition, the segment of Road A from the southern lot line of Lot 34 southward to the
intersection with Road B shall be constructed to meet all applicable standards,
including a temporary cul-de-sac if necessary. Traffic-calming devices such as speed
humps, speed tables, traffic circles, chicanes, curb extensions, signs, pavement
markings, or other calming devices as approved by the Public Works Director shall be
incorporated within the residential roadways. Signal modifications at Pacific Highway
South and South 3401 Street intersection shall be required to provide safe access
(Exhibit F, Page JO of JO).
On March 14, 2009, based upon the applicant's request, the City Council approved a further
amendment per Ordinance 09-614 to shift the dividing line between the RM 2400 zoned parcels
and the BC zoned parcels to add 1.53 acres to the BC zoned parcels.
The applicant desires to build apartments (Exhibit G) instead of a 95-lot zero lot line townhouse
development, which was approved as part of the overall Federal Way Village Master Plan
(Exhibit JI). They believe that a public roadway traversing a multi-family complex would detract
from the aesthetics and cohesive design of such a development. The City of Federal Way Public
Works Department has determined that there is no public interest in requiring this to be a public
road to serve a multi-family complex. In addition, the greater width of a public road reduces the
buildable portion of the site.
4. Characteristics of the Area. The project site is located along the western side of Pacific
Highway. Adjoining zoning is comprised of Offce Park and Business Park. Adjoining uses are
primarily commercial and some apartments.
5. Adverse Impacts. There are no significant adverse impacts associated with the proposal.
The only change requested is to change public roads to private roads in the RM 2400 portion of
the project site. The Public Works Department has determined that this change in road
designation is appropriate for an apartment development and authorizing private roads for this
type of development is consistent with past City practice. The proposed private roads will
follow the road alignment approved in the master plan of the project site, so no issues with
project access or connectivity are contemplated. Public works have found private roads to be
appropriate for the development, so no capacity issues are contemplated. The change in road
designation will enable the addition of 113 dwelling units to the project site, but any off-site
traffic impacts will be fully mitigated during permit review for the apartment. Public works has
also determined that the proposed private roads will not impact public services and utilities.
There is nothing else in the record to suggest that private roads would create any adverse
impacts. However, one change in circumstance since the approval of the 2005 rezone is that
market conditions now make it more feasible to build the residential portion before the
commercial portion of the project site. This order of development will result in only one
exterior street connection (to S. 336�" St.) to the apartment complex. In order to create an
Rezone Request p. 4 Findings, Conclusions and Recommendation
additional connection to Pacific Highway, staff and the applicant have agreed upon an interim
street connection through the commercial portion of the site as depicted in Ex. V. This interim
connection is also recommended as a condition of approval.
CONCLUSIONS OF LAW
Procedural:
l. Authoritv of Hearing Examiner: FWRC 19.75.010 requires that the hearing examiner
hold a public hearing and, based on the record of that hearing, make a recommendation to the
city council on Process V rezones.
Substantive:
2. Zonin� Desi ng ation: RM 2400 and BC.
3. Review Criteria and A�plication. FWRC 19.75.130(3)(b) establishes 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 classiiication. The burden of proof lies with the applicants
to demonstrate that the proposed rezone meets the decisional criteria of FWRC 19.75.130(3).
FWRC 19.75.100. The criteria are quoted in italics below and applied to the application under
corresponding Conclusions of Law.
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
4. 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
5. The proposed private roads will be subject to the City's private street standards during the
project review of the proposed apartments.
(iii) The site plan of the proposed project is designed to minimize all adverse impacts on the
developed properties in the immediate viciniry of the subject property; and
6. As determined in Finding of Fact No. 5, no adverse impacts are associated with the
proposal.
(iv) The site plan is designed to minimize impacts upon the public services and utilities; and
7. Public works has determined that the proposed private streets will not impact public
services and utilities.
Rezone Request p. 5 Findings, Conclusions and Recommendation
(v) Traffic safety impacts for all modes of transportation, both on and off site, are adequately
mitigated; and
8. As determined in Finding of Fact No. 5, no adverse impacts are associated with the
proposal, which includes all traffic safety impacts.
(vi) The rezone has merit and value for the community as a whole.
9. The proposal facilitates the addition to the housing stock of Federal Way with no
associated adverse impacts in a location that has already been approved for multifamily
development. Also as noted in the staff report, facilitating the construction of multi-family
development at the project site will facilitate the development of the commercial portion of the
project site, which in turn contributes to the economic development of the city. For all these
reasons, the rezone has merit and value for the community as a whole.
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 ciry; and
10. For the reasons identified in Conclusion of Law No. 9, the rezone is in the best
interests of the City.
(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
(B) The rezone will correct a zone classification or zone boundary that was inappropriate
when established;
11. The rezone is appropriate because of a change in circumstances, specifically that
market conditions have changed since the 2005 approval and there is now a much greater
demand for apartment buildings as opposed to townhomes.
(ii) It is consistent with the comprehensive plan;
12. The proposal change in street designation would enable the construction of more
dwelling units at the project site, which is consistent with the comprehensive plan as outlined at
pages 5-6 of the staff report, adopted by this reference as if set forth in full.
(iii) It is consistent with all applica8le provisions of the title, including those adopted by
reference from the comprehensive plan; and "
Rezone Request p. 6 Findings, Conclusions and Recommendation
13. The City's private street standards will be imposed during the project review of
the proposed apartments.
(iv) It is consistent with the public health, safety, and welfare.
14. For the reasons stated in Conclusion of Law No. 9, the proposal is consistent with
the public health, safety and welfare.
RECOMMENDATION
It is recommended that the City Council approve the requested amendment to the 2005 rezone
(Ordinance No. OS-490 as amended) approved for the subject parcel in order to authorize the
designation of Road A as a private road as depicted in Ex. V, PROVIDED; that (1) construction
is limited to apartment buildings in the RM 2400 portion of the project site; and (2) an interim
connection to Pacifc Highway South is constructed prior to occupancy of any apartment
buildings as depicted in the site plan in Ex. V, to remain in place until a permanent connection is
constructed as required for the BC portion of the project site. The proposed amendment to the
language of Ordinance OS-490 prepared by staff in Ex. V accomplishes this objective, with the
additional modifcation that Road F in Condition 4(d) should be referenced as an "interim"
private road and a provision should be added that the private roads are only authorized i€ the use
of the RM 2400 portion of the site is limited to apartment buildings and accessory uses.
Dated this 20th day of June, 2013.
P'� �, �1b��
Hearing Examiner
City of Federal Way
Rezone Request p. 7 Findings, Conclusions and Recommendation
EXHIBIT B
Resolution No. 13-641
Conditions of Approval. The request to change the comprehensive plan designation and zoning of
approximately 46 acres located south of South 336�h Street and west of Pacific Highway South from
Business Park (BP) to Community Business (BC) and Multi-Family (RM 2400), with approximately 19
acres to be designated Community Business (BC) and approximately 27 acres to be designated Multi-
Family (RM 2400), shall be approved based on the following conditions, as amended:
1. Prior to construction of any new buildings, a single Master Plan for the entire Multi-Family (RM
2400) and Community Business (BC) zoned site shall be submitted to and approved by the City.
Application for critical area intrusions as applicable is also required in conjunction with master plan
review. A project action State Environmental Policy Act (SEPA) review shall also be conducted in
conjunction with master plan and critical area review. Subsequent to Master Plan approval, building
design and minor modifications to the site plan shall be reviewed via a Process II, Site Plan Review. For
the purposes of the Master Plan, the subject site is comprised of the following parcels: 202104-9069,
202104-9070, 202104-9001, 202104-9090, 202104-9086, 202104-9080, 202104-9072, and 202104-9004.
2. The Master Plan shall be developed with a cohesive and integrated design that promotes the
following:
a. Pedestrian scale, and pedestrian orientation and massing of buildings.
b. Site-wide pedestrian connectivity.
c. Building massing shall be designed to avoid large expanses of parking areas adjacent to
and/or visible from the public right-of-ways. On-site parking shall not be allowed between buildings and
public right-of-ways, except the Director of Community Development Services may approve one double-
loaded parking row between a building and right-of-way due to extenuating circumstances.
d. The appearance of strip commercial development shall be minimized by breaking large linear
buildings into numerous smaller buildings.
e. , The commercial portion of the site may include a m�imum of two primary anchor buildings.
These anchors shall not exceed 140,000 square feet of goss floor area, excluding integrated structured
parking. The maximum footprint of any one anchor shall not exceed 80,000 square feet. Anchor facades
shall not exceed a width to depth ratio of 1.25: l.
f. Commercial mixed use buildings should not exceed 30,000 square feet of building footprint
(excluding integrated structured parking) and shall not exceed a width to depth ratio of 1.5:1.
g. Commercial/ residential mixed use buildings should not exceed 12,000 square feet of
building footprint (excluding integrated structured parking) and shall not exceed a width to depth ratio of
2:1.
Resolution No. 13-641
h. Non-anchor, non-mixed use buildings should not exceed 10,000 square feet of building
footprint. The Director of Community Development Services may approve a maximum of two, non-
anchor, non-mixed use buildings in excess of 10,000 square feet, up to a maximum of 20,000 square feet
each, when the applicant demonstrates the following:
(i) The additional square footage is necessary to accommodate the needs of a specific
tenant.
(ii) The facades of the structure include significant structural modulation equal to at least ten
percent of the length of the subject fa�ade.
(iii) The overall design of the building is consistent with the pedestrian scale and integrated
design of the overall site.
(iv) Non-anchor, non-mixed use facades shall not exceed a width to depth ratio of 2:1.
i. Primary commercial building entries shall be clearly visible and recognizable from the public
right-of-ways; or active building facades, including windows and pedestrian scale design amenities such
as screening, plazas, or art features such as trellises, artwork, murals, landscaping or combinations
thereof, shall be required fronting the right-of-way.
j. On-street parallel parking is encouraged where feasible.
k. A minimum of five percent of the gross land area of the commercial portion of the site shall
be pedestrian oriented open space. There shall be one primary pedestrian gathering focal point, and
additional supporting pedestrian oriented gathering locations distributed proportionally throughout the
commercial portion of the site. Open space areas and plazas shall include seating, landscaping, art,
ornamentation, pedestrian scale lighting, water features, and outdoor dining.
l. Vehicular service stations are not permitted. Fuel pump stations are only permitted when
accessory to an anchor tenant. Any approved fuel pump station shall not be oriented to the public right-of-
way, and shall not exceed two fuel islands with a total of up to eight vehicular fueling positions.
3. Development of the site shall include design, construction, and dedication of the following public
roadways in accordance with appropriate FWCC street sections:
a. 13`" Place South from South 336�' Street to the south property line;
b. South 340�` Street from Pacifc Highway South to the intersection of 13�' Place South
extended;
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c. Road C connecting to Private Road A at a point on the western edge of the berm.
These public roadways are necessary to serve the proposed development and shall be
constructed as outlined below. Additional conditions (on-site and off-site) intended to mitigate significant
Resodution No. 13-641
adverse environmental impacts may be required as determined through the SEPA process and will be
applied to any proposed project in the future.
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4 Prior to occupanc�v residential building west of Wetland No. 2 the following roads as set
forth in the site plan attached hereto shall be constructed to meet all a�plicable standards;
a Primarv access -- Road A a private drive/road with pedestrian facilities extending southward
from South 336`" Street throug,h the residential area to a point on the western ed�e of the berm.
b Second Access -- Road C an interim private road with�edestrian facilities connectin�d
A and Road E;
c Second Access — Road E an interim private road with pedestrian facilities connectingLRoad C
and Road F•
d Second Access -- Road F an interim private road with pedestrian facilities extendin�
westward from Pacific Hi hway to connect to Road E.
5 Private drive/road A and interim private roads/future public roads C and E and private road
F shall be constructed to all a�plicable city roadwav standards and shall eg nerally follow the ali n�ents
as shown on the Januarv 25, 2008 ap�roved master plan.
6 Private Road A and interim private roads/future public roads C and E are only authorized if
the use of the RM 2400-zoned portion of the site is limited to apartment buildin�s and accessory uses.
7 Roads C and E will become public roads pursuant to Condition No. 7 at the time that the
Resolution No. 13-641
portion of the site east of Wetland No. 2 is developed.
8. E The Public Works Director shall review and approve the construction phasing for the required
street infrastructure associated with the commercial phase of development. Improvements required
include: 13t'' Place South, from South 336t'' Street to the south property line; South 340"' Street, from
Pacific Highway to the intersection of 13`" Place South extended: and Road C(to all applicable
standards); and modifications to the signal at the intersection of South 340"' Street and Pacific Highway
South (SR 99).
4. 9. All new publie streets shall include traffic calming features.
�10. Uses other than multi-unit housing and day care facilities that are otherwise permitted in the RM
zone are not allowed.
b: 1 l. The multi-family portion of the site, west of Wetland No. 2, shall be accessed from one location
along South 336�' Street and shall include a private drive/road with pedestrian facilities
connecting through the residential area, +'� ' *���- �°� ��`I'°+'��a'`'^.' "'�°° °"+'°" `" "�
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to Road C at a point on the western edge of the berm.
� 12. No more than one anchor building, or a maximum of 80,000 square feet of commercial building
area, may receive a Certificate of Occupancy on the site without the prior construction of a minimum of
75 residential units.
� 13. The residential area shall be designed to minimize reception of potential noise impacts from
adjacent nonresidential uses.
Resolution No. 13-641
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Kitts Corner Multifamily
Conceptual Site Plan