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Village Green HE DecisionProcess IV Decision -- 1 BEFORE THE HEARING EXAMINER FOR THE CITY OF FEDERAL WAY Phil Olbrechts, Hearing Examiner RE: Village Green Retirement Campus of Federal Way Process IV No. 18-105293-UP (18-105304-SE) FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION INTRODUCTION The Applicant has applied for Process IV Hearing Examiner approval for the completion of the Village Green Retirement Campus for portions of Phase II and III that have not yet been constructed, which were subject to a previous land use approval that expired on June 2, 2020 (file 08-105555-UP, Exhibit BB). The application for the Process IV request is approved subject to conditions. FWRC 19.15.100(2) sets time limits for completion of development at five years which may be extended if the project is phased. The Applicant has requested an additional five-year construction timeline by the Federal Way Hearing Examiner for a total of ten years for completion of the remaining Village Green retirement campus improvements. The request for the construction time extension is approved. ORAL TESTIMONY A computer-generated transcript has been prepared for the hearing to provide an overview of the hearing testimony. The transcript is provided for informational purposes only as Appendix A. EXHIBITS The City’s February 26, 2021 Staff Report with Attachments A-II were admitted during the hearing. The City’s PowerPoint Presentation was admitted as Ex. 2. A comment letter from Mr. Vinet Kumar (February 17, 2021) was admitted as Ex. 3. FINDINGS OF FACT Procedural: 1. Applicant. The Applicant is Brooks Powell of Village Green of Federal Way, A Retirement Campus, LLC. The Applicant is represented by Harold Duncanson of Duncanson Company, Inc., 145 SW 155th Street, Suite 102, Seattle, WA 98166. 2. Hearing. The Hearing Examiner conducted a virtual public hearing on the application at 9:00 am, February 26, 2021, Zoom Meeting ID No. 912 9790 3967. Substantive: Process IV Decision -- 2 3. Proposal and Site Description. The Applicant owns the existing Village Green Retirement Campus. The campus is an existing senior housing facility that includes stacked, cottage, and duplex rental housing types for senior citizens, within multiple buildings over a 22-acre site with associated infrastructure. All internal access roads, sidewalks, landscaping, streetlights, and storm drainage facilities are privately owned and maintained. Development has been on-going since 1997. Recently, the land use approval governing the project expired (June 2, 2020 (file 08-105555-UP, Exhibit BB)). The Applicant has applied for Process IV Hearing Examiner approval to re-establish land use approval for the completion of the Village Green Retirement Campus for portions of Phase II and III that have not yet been constructed. Remaining improvements include the construction of the remaining 174 units of independent and assisted living senior apartments, 17-unit independent living cottages, and a 40-unit memory care building. A community recreation building may be constructed in lieu of several cottages. This request results in an eight percent increase to the total number of units from previous approvals. Staff have determined the present approval will not result in any substantial changes to the approved design or layout. The Applicant also requested an administrative Minor Site Plan Modification approval (file 18- 101323-AD, Exhibit M) incorporating a memory care facility and community building. The staff administrative approval for this request is integrated with this Decision. The Applicant has also requested an additional five years to complete construction beyond the automatic five-year approval period (FWRC 19.15.100(2)). 4. Characteristics of the Surrounding Area. The property is situated in an urbanized neighborhood, with a surrounding mix of single and multi-family residential areas. Current uses surrounding the 22-acre site include: multifamily/RM-2400 to the north, and single-family high density/RS-9.6 in all other surrounding directions. 5. Adverse Impacts/Adequacy of Infrastructure. There are no significant adverse environmental impacts associated with the proposal. The city’s Responsible Official issued a final DNS on June 28, 2019 with an addendum issued on February 29, 2020. There is no SEPA comment period for SEPA addendums. Impacts are more specifically addressed as follows: a. Traffic and Parking. Traffic and parking impacts are fully mitigated. Vehicular and pedestrian access is provided from 1st Avenue South, at approximately SW 353rd Street, as well as from 356th Street SW via 2nd Avenue SW. The City’s public works department has reviewed the traffic impacts of the proposal and has determined that the proposal will not decrease the level of service for impacted arterials below adopted standards. As a component of the Process IV MLU application, the Applicant was required to undergo traffic concurrency analysis pursuant to the state Growth Management Act; goals and policies of the Federal Way Comprehensive Plan; and FWRC Chapter 19.90, “Transportation Concurrency Management.” The city’s Traffic Division reviewed the concurrency application, file 18-105295-CN, and determined the additional 46 peak hour trips would meet the city’s Level of Service standards. A Capacity Reserve Certificate was issued by the city’s Traffic Engineer on January 17, 2019 and vested 46 Weekday PM Peak hour trips to this project. This concurrency excludes the built portion of the Village Green Retirement Campus. Process IV Decision -- 3 The Applicant will be subject to the city’s transportation impact fee. The fee will be calculated based on the fee rate in effect at the time a complete building permit application is submitted. The fee shall be paid prior to building permit issuance. The Applicants have dedicated a right-of-way Tract X (Exhibit CC and DD) along 1st Avenue South, as required by previous land use approvals. The Applicant has provided a parking narrative that demonstrates adequate provision of parking. The provided total of 238 on-site parking stalls, plus eight street parking stalls for a total of 246 available spaces complies with the FWRC minimum parking stall count requirement. b. Stormwater. No stormwater impacts are anticipated. A public comment by Mr. Vinet Kumar (Ex. 3) expressed concern about the existing storm ponds, specifically the possibility that they will be filled. Both staff and the Applicant noted there are no proposed changes to the existing storm pond facilities. The Applicant is required to meet the 2016 King County Surface Water Design Manual (KCSWDM) as adopted and amended by the City. These comprehensive and detailed regulations require stormwater design that results in no increases of stormwater run-off and the preservation of water quality. Water quality requirements will be met via water quality treatment facilities, including a sand filter vault and a treatment train as further described above. Flow control is proposed via a series of proposed injection wells. Final review of the storm drainage plan will occur with building permit review and is required to meet all applicable FWRC requirements. In addition, a condition of approval requires that the Applicant submit Department of Ecology approval of the storm drain injection system prior to issuance of a building permit. c. Compatibility. The proposed phases are found to be compatible with surrounding uses. The proposed construction will be of similar scale, appearance and intensity to the exiting senior campus. This request results in an eight percent increase to the total number of units from previous approvals. Staff have determined the present approval will not result in any substantial changes to the approved design or layout. d. Landscaping. As demonstrated by the completed portions of the project, the Applicant proposes high quality construction with landscaping and pedestrian amenities that benefit both the occupants of the projects as well as neighboring properties. A 20-foot landscaping buffer will shield residences to the south and buffering will be enhanced by the retention and replacement of significant trees. Parking lot landscaping is provided in accordance with FWRC 19.125.070 and as shown in the submitted landscape plans (Exhibit L). Type III 10-foot-wide perimeter landscaping is provided in accordance with FWRC 19.125.060(2)(a). Review of the final landscape plan will occur in conjunction with the building permit application. e. Noise. There is nothing in the record to suggest that the proposal would create any unreasonable noises beyond those contemplated by the City Council when it determined that senior campuses are an appropriate land use for the RS 9.6 district. Process IV Decision -- 4 f. Water and Sewer. The City’s water/sewer purveyor, the Lakehaven Utility District, has reviewed the proposal and found the water and sewer services to be adequate. CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing Examiner: Chapter 19.70 FWRC authorizes the hearing examiner to hold hearings and issue final decisions on Process IV applications. Substantive: 2. Zoning Designation: RS 9.6. 3. Review Criteria and Application. FWRC 19.70.150 governs the criteria for Process IV approvals. Those criteria are quoted in italics below and applied to the application under corresponding Conclusions of Law. All criteria have been satisfied for the reasons identified below. Process IV Criteria FWRC 19.70.150(3)(a): [The project] is consistent with the comprehensive plan; 4. The criterion is met. The application is subject to the Federal Way Comprehensive Plan (FWCP). The comprehensive plan is used by City staff, among other documents, as a basis for implementing regulations such as zoning, critical areas requirements, and the State Environmental Policy Act (SEPA). This Process IV request was reviewed and determined by staff to be consistent with the goals and policies contained in the FWCP (Ex. 1, page 4-5, Sections XII and XIII). Given the staff review, that the proposal meets all zoning criteria, which are designed to implement the FWCP, including authorized uses, and that the proposal will not adversely affect surrounding uses or the Federal Way community, it is concluded that the proposal is consistent with the FWCP. FWRC 19.70.150(3)(b): [The project] is consistent with all applicable provisions of this title and all other applicable laws; 5. The criterion is met. As noted at page 6 and Section XIII of the staff report, staff have verified that the project is consistent with all applicable development standards. FWRC 19.70.150(3)(c): [The project] is consistent with the public health, safety, and welfare; 6. The criterion is met. As noted in Finding of Fact No. 5, there are no significant adverse impacts associated with the project. For these reasons, the project is consistent with the public health, safety and welfare. FWRC 19.70.150(3)(d): The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal; Process IV Decision -- 5 7. The criterion is met. As determined in Finding of Fact No. 5, the proposal is served by adequate traffic, water and sewer facilities. FWRC 19.70.150(3)(e): The proposed access to the subject property is at the optimal location and configuration for access; 8. The criterion is met. Proposed access is optimal as determined in Finding of Fact No. 5a. FWRC 19.70.150(3)(f): Traffic safety impacts for all modes of transportation, both on and off site, are adequately mitigated. 9. The criterion is met. Traffic safety impacts have been adequately mitigated as determined in Finding of Fact No. 5a. 10. Time Extension. The Applicant has requested a construction timeline of ten years, which is a five-year extension beyond the construction time limits set in FWRC 19.15.100(2). The project is phased and is subject to Process IV. FWRC 19.15.100(2): Use process II, III, and IV. The Applicant must substantially complete construction for the development activity, use of land, or other actions approved and complete the applicable conditions listed in the use process II, III, and IV decision within five years after the final decision of the city on the matter, or the decision becomes void. … If the development activity, use of land, or other action approved under this chapter includes phased construction, the time limits of this section may be extended in the decision on the application, to allow for completion of subsequent phases. The Applicant has requested an additional five-year construction timeline by the Federal Way Hearing Examiner for a total of ten years for completion of the remaining Village Green retirement campus improvements. FWRC 19.15.100(2) authorizes a longer timeline for completion of phased projects. The proposal is phased and the large scale of the project coupled with a consistent track record of diligent construction justifies the requested extension. The request for the construction time extension is approved. DECISION The Process IV application meets all applicable review criteria for the reasons identified in the Conclusions of Law and is approved, along with the requested five year expiration extension, subject to the following conditions: 1. The Applicant shall obtain engineering approval from the Public Works Department, and commercial building permit approval from the Department of Community Development prior to site construction. 2. The Applicant must comply with conditions of approval of the Director’s February 2, 2021, Design Decision for the project (Exhibit I). Process IV Decision -- 6 3. At the time of a building permit application, the Applicant will need to design the stormwater systems for the project to meet the requirements of the stormwater manual that the city has adopted at that time. 4. If any building permits for the Village Green Phase II and Phase III project have not been issued within the city code-based five-year timeline granted under Process IV approval, the Applicant shall prepare or submit a new concurrency analysis. 5. A Boundary Line Adjustment (BLA) that relocates the property line between parcels 302104- 9024 and 302104-9017 will be required to be submitted by the Applicant, and reviewed and approved prior to issuance of any construction permits for Building F. 6. The Applicant must substantially complete construction within ten years of issuance of building permits related to this Decision or seek a time extension pursuant to FWRC 19.15.110. Dated this 9th day of March 2021. Phil A. Olbrechts Hearing Examiner, City of Federal Way RIGHT OF APPEAL This decision may be appealed to superior court within 21 days of issuance as governed by the Land Use Petition Act, Chapter 36.70C RCW. CHANGE IN VALUATION Notice is given pursuant to RCW 36.70B.130 that property owners who are affected by this decision may request a change in valuation for property tax purposes notwithstanding any program of revaluation.