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Woodbridge B ApprovalCOMMUNITY DEVELOPMENT DEPARTMENT 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-7000 www.cityoffederalway.com Jim Ferrell, Mayor Mr. Eric LaBrie July 6, 2021 ESM Consulting Engineers, LLC 33400 8th Avenue South, Suite 205 Federal Way, WA 98003 eric.labrie@esmcivil.com Re: File #17-104236-UP; PROCESS III PROJECT APPROVAL Woodbridge Building “B”; 3120 South 344th Street, Federal Way Dear Mr. LaBrie: The Community Development Department has completed an administrative land use review of the proposed Woodbridge Building “B” (formerly Greenline Warehouse “B”) project located at 3120 South 344th Street. The applicant proposes the construction of a 45-foot-tall, 214,050 square-foot general commodity warehouse with 245 parking spaces, and associated site work, including wetland fill, on a 16.85-acre site (parcel 6142600200), along with improvements to the right-of-way for Weyerhaeuser Way South. In a February 8, 2019, letter you requested that the Greenline Warehouse “B” project now be referred to as Woodbridge Building “B.” They are the same project and any reference to Greenline Warehouse “B” should be considered as a reference to Woodbridge Building “B.” The Process III Master Land Use application submitted September 1, 2017, with subsequent resubmittals of September 11, 2017, September 29, 2017, June 28, 2018, July 10, 2018, August 15, 2018, September 18, 2018, October 9, 2018, February 12, 2019, and July 30, 2020, is hereby approved with conditions based on the enclosed findings of fact, incorporated into this decision in full, and the following conclusions based on those facts: 1. The proposal is consistent with the comprehensive plan; 2. As conditioned, the proposal is consistent with applicable zoning regulations in effect on August 23, 1994 (Federal Way City Code [FWCC]), and procedural requirements of the current code (Federal Way Revised Code [FWRC]); 3. As conditioned, the proposal is consistent with the public health, safety, and welfare; 4. As conditioned, the streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal; 5. As conditioned, the proposed access to the subject property is at the optimal location and configuration; and 6. As conditioned, traffic safety impacts for all modes of transportation, both on and off-site, are adequately mitigated. The remainder of this letter outlines the land-use review process required for this particular site improvement; summarizes the State Environmental Policy Act (SEPA) process; lists conditions of the land use decision; and provides other procedural information. This land-use decision does not authorize the initiation of construction activities. REVIEW PROCESS The proposal is subject to the provisions of the 1994 Weyerhaeuser Company Concomitant Pre-Annexation Development Agreement (CZA) and zoning regulations in effect on August 23, 1994 (FWCC). Any procedural requirements must meet the current code (FWRC). The site is within the Corporate Park (CP-1) zoning district. Warehousing, distribution, and corporate offices are permitted uses in this zone according to Mr. Eric LaBrie Page 2 of 3 July 6, 2021 17-104236-UP Doc ID 81256 CZA Exhibit C, Section VII. The proposed uses, not exempt from SEPA, are procedurally reviewed under Use Process III, Project Approval. The Director of Community Development makes a written decision on the application based on the criteria listed under FWRC 19.65.100. SEPA PROCESS The City of Federal Way issued a Mitigated Determination of Nonsignificance (DNS) on October 9, 2020, according to Washington Administrative Code (WAC) 197-11-350. Following the review of the environmental checklist, the city determined the proposal, with appropriate mitigation, would not have a probable significant adverse impact on the environment, an Environmental Impact Statement would not be required, and SEPA-based mitigation is necessary. A SEPA appeal was filed on November 12, 2020. The SEPA appeal hearing will occur after issuance of the Use Process III decision and expiration of its associated appeal period. The SEPA mitigation measures have been incorporated into the Use Process III conditions of approval, listed below. PRIOR ADMINISTRATIVE AND JUDICIAL DECISIONS Both concerning the city’s Use Process III review and the corollary SEPA analysis for the Woodbridge Building “B” proposal, the city has carefully considered and has been guided by, as applicable, the prior administrative and judicial decisions issued concerning the applicant’s adjacent Building “A” proposal. Without limitation of the foregoing, the city has been appropriately informed by the Hearing Examiner’s September 12, 2019, Findings of Fact, Conclusions of Law, and Final Decision, and the Examiner’s October 29, 2019, Findings of Fact, Conclusions of Law, and Decision on Reconsideration in Cause No. HEX 18-003; 19-001, as well as the King County Superior Court’s June 10, 2020, Order Denying Land Use Petitions in Consolidated Case No. 19-2-30502–9 KNT. CONDITIONS OF APPROVAL Conditions of approval, which are listed in Finding of Fact #37 in Exhibit “A,” are reasonably necessary, and are proportionately tailored, to eliminate or minimize any undesirable effects of granting application approval. BUILDING PERMIT REQUIREMENTS This Process III land use decision does not constitute a building permit or authorize clearing/grading activities. See the enclosed Commercial Building Permit Checklist. If you have any questions regarding building permit submittal, please contact the Permit Center at permitcenter@cityoffederalway.com or 253-835-2607. REQUESTS FOR CHANGE OF VALUATION Per FWRC 19.65.100(4)(i), affected property owners may request a change in valuation for property tax purposes, notwithstanding any program of revaluation. APPROVAL DURATION Per FWRC 19.15.100(2), “. . .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 III decision within five years after the final decision of the city on the matter, or the decision becomes void. If a land-use petition is filed under Chapter 36.70C RCW in King County superior court, the time limits of this section are automatically extended by the length of time between the commencement and final termination of that litigation. If the development activity, use of land, or other action approved under Mr. Eric LaBrie Page 3 of 3 July 6, 2021 17-104236-UP Doc ID 81256 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.” Time extensions to the decision may be requested before the lapse of approval following the provisions listed in FWRC 19.15.110. APPEALS Per FWRC 19.05.360, the effective date of issuance is three calendar days following the date of this letter, or July 9, 2021. According to FWRC 19.65.120(1), this land-use decision may be appealed by the applicant, any person who submitted written comments or information, any person who has specifically requested a copy of the decision, or the city. According to FWRC 19.65.120(2), a written notice of appeal must be delivered to the Community Development Department within 14 calendar days after issuance of the decision of the director, or July 23, 2021. The appeal must be accompanied by cash or a check, payable to the City of Federal Way, in the amount of the fee as established by the city. The notice of appeal must contain a statement identifying the decision being appealed, along with a copy of the decision; a statement of the alleged errors in the director’s decision, including identification of specific factual findings and conclusions of the director disputed by the person filing the appeal; and the appellant’s name, address, telephone number and fax number, and any other information to facilitate communications with the appellant. Appeals are governed by process IV (Federal Way Hearing Examiner). CLOSING This land-use decision does not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. If you have any questions regarding this decision, please contact Principal Planner Stacey Welsh at 253-835-2634 or stacey.welsh@cityoffederalway.com. Sincerely, Digitally Signed July 6, 2021, at 8:00 AM Brian Davis Community Development Director enc: Exhibit “A,” Findings for Project Approval Right-of-Way Modification Letter from City of Federal Way to ESM Consulting Engineers, June 22, 2018 Commercial Building Permit Checklist Approved Elevations Approved Site Plan Approved Landscape Plan c: Stacey Welsh, Principal Planner Ann Dower, Senior Engineering Plans Reviewer Rob Van Orsow, Solid Waste & Recycling Coordinator Sarady Long, Senior Transportation Planning Engineer Brian Asbury, Lakehaven Water & Sewer District Sean Nichols, South King Fire & Rescue Duffy McColloch, WSDOT, mccolld@wsdot.wa.gov John Wilson, King County Assessor, #ADM-AS-0708, 500 4th Avenue, Seattle, WA 98104, assessor.info@kingcounty.gov Dana Ostenson, dostenson@irg.cc Nohely Moreno, nohely.moreno@esmcivil.com UP III Commenters SEPA Commenters