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Attachment 9Page 1 of 3 NOTICE OF AGENCY DECISION APPEAL HEARING CITY OF FEDERAL WAY HEARING EXAMINER Appeal of Woodbridge Building “B” SEPA Mitigated Determination of Nonsignificance (MDNS) #20-003 (17-104237-SE) & Appeal of Use Process III Decision #21-003 (17-104236-UP) Notice is hereby given that the City of Federal Way Hearing Examiner will take public testimony on the appeal in a hybrid in-person/virtual hearing on September 17, 2021, at 10:00 a.m., in Federal Way City Hall Council Chambers (33325 8th Avenue South, Federal Way), or by phone at: US: (253) 215 8782 or Toll Free: (888) 788 0099 or (877) 853 5247 Webinar ID: 982 3519 8771 / Passcode: 011092 The City of Federal Way Hearing Examiner will hold a virtual agency decision appeal hearing on October 18, 2021, at 9:00 a.m. File Numbers: 17-104237-SE: Woodbridge Building “B” MDNS 17-104236-UP: Woodbridge Building “B” Use Process III Proponent: Federal Way Campus LLC, 11100 Santa Monica Blvd., Suite 850, Los Angeles, CA 90025 Project Location: 3120 South 344th Street, Federal Way, WA Description of Matter Being Appealed: SEPA MDNS and Use Process III Approval for 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. Scope of the Appeal/Summary of the Errors Alleged and Specific Factual Findings and Conclusions Disputed in the Letter of Appeal: In its November 12, 2020, Appeal Letter on the MDNS, the appellant, Save Weyerhaeuser Campus, alleged errors regarding the defined scope of environmental review; whether cumulative impacts of the pending proposals will have a probable significant adverse environmental impact and require the preparation of an environmental impact statement; and whether the impacts of Warehouse “B” alone will have a probable significant adverse environmental impact. In its July 23, 2021, Notice of Appeal of the Use Process III Decision, the appellant, Save Weyerhaeuser Campus, alleged errors regarding whether the City failed to consider the cumulative impacts of the other applications pending for development in the CP-1 zone; whether the proposal is consistent with the comprehensive plan; whether the proposal is consistent with all applicable provisions of Federal Way codes; whether the proposal is consistent with the public health, safety, and welfare; whether the streets and utilities in the area of the proposal are adequate to serve the anticipated demand from the proposal; whether the access to the property is at the optimal location and configuration; whether the traffic safety impacts for all modes of transportation are adequately mitigated; and specifically disputing the following findings in the Use Process III Decision in part or in full: 1, 2, 4, 6 (second and third paragraphs), 7-11, 13-16, 19-23, 25-30, 32, 35-37, and Conclusion. Page 2 of 3 Participation in Agency Appeal Hearing: The Hearing Examiner has determined that pursuant to Federal Way Revised Code (FWRC) 19.70.100(2), persons entitled to appeal the Use Process III Decision and MDNS, and any interested party, may participate in the appeal. Participation by persons entitled to appeal and interested parties will take place on September 17, 2021, at 10:00 a.m. in Federal Way City Hall Council Chambers (33325 8th Avenue South, Federal Way) or by phone as provided above. Participation is accomplished through either or both of the following ways: (a) By submitting written comments to the Hearing Examiner; either by delivering these comments to the Department of Community Development prior to the hearing, or by giving these directly to the Hearing Examiner at the hearing. (b) By appearing in person, or through a representative, at the hearing and making oral comments directly to the Hearing Examiner (limited to five minutes per speaker) in person as provided above. On September 17, 2021, the Staff, Applicant, and Appellant (in that order) may provide an opening statement of up to ten minutes to explain the project and/or their position on the project. Public testimony will be limited to the appeal issues raised by the Appellants. The appeal issues, as limited by the Hearing Examiner, are identified in the following documents: (a) Appeal of Woodbridge Building “B” SEPA Mitigated Determination of Nonsignificance #20- 003 (17-104237-SE) Land Use. 1. Attachment 1 (b) Notice of Appeal of Use Process III Decision #21-003 (17-104236-UP). These documents are available online at the following link: https://docs.cityoffederalway.com/WebLink/Browse.aspx?id=865234&dbid=0&repo=CityofFederalWay Zoom Meeting Information For September 17: When: Sep 17, 2021 10:00 AM Pacific Time (US and Canada) Topic: Public Testimony before the Hearing Examiner regarding Woodbridge Bldg B (Greenline Warehouse B) Admin Appeal of Process III and MDNS (HEX#20-003;HEX#21-003) Please click the link below to join the webinar: https://cityoffederalway.zoom.us/j/98235198771?pwd=bm9URDB6NmY0ZTlzbmJyT3pXdEk2Zz09 Passcode: 011092 Or One tap mobile : US: +12532158782,,98235198771# or +12063379723,,98235198771# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 253 215 8782 or +1 206 337 9723 or +1 213 338 8477 or 888 788 0099 (Toll Free) or 877 853 5247 (Toll Free) Webinar ID: 982 3519 8771 International numbers available: https://cityoffederalway.zoom.us/u/aybCKsuvo Page 3 of 3 For October 18: When: October 18, 2021, 09:00 AM Pacific Time (US and Canada) Every 2 days, until October 20, 2021, 2 occurrence(s) October 18, 2021, 09:00 AM October 20, 2021, 09:00 AM (if needed) Topic: Hearing Examiner – Woodbridge Building “B” (Greenline Warehouse B) Admin Appeal of Process III and MDNS (HEX#20-003; HEX#21-003) Please click the link below to join the webinar: https://cityoffederalway.zoom.us/j/95545499991?pwd=ei9XZC9GUnE0OWtpSVhPS21MS2lLUT09 Passcode: 315531 Or One tap mobile: US: +12532158782,,95545499991# or +12063379723,,95545499991# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 215 8782, +1 206 337 9723, +1 213 338 8477, 888 788 0099 (Toll Free), or 877 853 5247 (Toll Free) Webinar ID: 955 4549 9991 International numbers available: https://cityoffederalway.zoom.us/u/ackSNyTWlq City Staff Contact: Principal Planner Stacey Welsh, stacey.welsh@cityoffederalway.com, 253-835-2634 Availability of Official File: The official project files are available for review online at the following link: https://docs.cityoffederalway.com/WebLink/Browse.aspx?id=831054&dbid=0&repo=CityofFederalWay