2010-05-18 HEX# 10-004 Final DecisionDEN
UHY
ALIACE
P. L L C .
ATTORNEYS AT LAW
N. Kay Richards
Legal Assistant
206.447.2231
krichards@omwlaw. com
June 2, 2010
Carol A. McNeilly, CMC
City Clerk
City of Federal Way
P. O. Box 9718
Federal Way WA 98063-9718
Re: Village Green Senior Housing, Phases II and III
File Nos. 08-105555-00-UP and 08-105557-00-SE
Dear Carol:
At the request of Phil Olbrechts, enclosed is the executed Decision in the above -referenced
matter along with a Declaration of Mailing.
Very truly yours,
OGDEN MURPHY WALLACE, P.L.L.C.
N. Kay Richards, Legal Assistant to
Phil Olbrechts
/nkr
Enclosures
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{PA0793162.DOC;1\13041.900000\ }
BEFORE THE HEARING EXAMINER FOR THE CITY OF FEDERAL WAY
Phil Olbrechts, Hearing Examiner
RE: Village Green Phases II & III
FINDINGS OF FACT, CONCLUSIONS OF
08-105555-00-UP, 08-105557-00-SE LAW AND DECISION
INTRODUCTION
The applicant requests Process IV approval and a five-year extension of the construction
deadline to complete two phases of an existing senior housing development. The Hearing
Examiner approves the application, subject to conditions.
ORAL TESTIMONY
Deb Barker — Federal Way Senior Staff
Ms. Barker began by giving a brief overview of the Village Green staff report, project,
and timeline. She next responded to questions from the Hearing Examiner. The project
application vested in 2008 and will be evaluated under the stormwater system and City Code
from that time. There have not been significant changes in the project proposal since initial
approval, which took into account taking vacant land and building multiple different types of
structures.
Kevin Peterson - Federal Way Public Works Department
As far as the City is concerned, no impacts for the project have been reviewed under the
2009 stormwater manual, as the project vested under the 1998 stormwater manual. It is possible
that there could be future impacts, but they have not been reviewed under the newly adopted
standards.
Heidi Swartz — Representative of Village Green
The applicants are requesting 10 years, as opposed to the current 5 granted, for
substantial completion of the project. The main reason for this is due to the current economic
climate. As the applicant has gone through construction over the past months, the market
appears to have been saturated and has, at a minimum, significantly slowed. The housing is for
seniors who have been hit hard by the current economic conditions and, as a result, have chosen
either to stay in their current housing or move in with family rather than into the new homes
being constructed. There is a very minimal market for the homes that have yet to be built.
Additionally, as with the economy in general, the commercial lending sector has scaled back
greatly, and even if the applicant wanted to build right now, it would be exceedingly difficult to
find funding to do so. They are anticipating a better chance in 2012 or 2013. Also, they believe
that their demographic will bounce back, as they truly do provide affordable housing. However,
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Village Green Extension Request P. 1 Findings, Conclusions and Recommendation
the demand will be there, but over an extended period of time longer than that originally
anticipated. The applicant understands that if there are any complications to the extension of the
five-year period, the two key issues are drainage and traffic, which the conditions to approval
adequately address.
Harold Duncanson — Duncanson Co. Inc, Engineers
Regarding the drainage on the project, the project is vested to the 1998 standards. The
current stormwater systems on site do meet the 1998 standards and were designed to meet the
standards of the 2009 manual as well. In addition, there is room on the site to make
accommodations for any necessary changes.
Harry Long — Federal Way Public Traffic
With the extension of the application, further traffic analysis and mitigation measures
were undertaken, in addition to the original analysis in the initial application. The analysis found
that there would be an increase in traffic, on a per trip basis, and as such a mitigation fee higher
than that originally determined has been imposed.
EXHIBITS
See list of exhibits attached to the staff report prepared by Deb Barker. Exhibit D of that exhibit
list has been replaced with a letter dated June 10, 2008, from the City. The City's PowerPoint
presentation presented during the hearing is admitted as Exhibit W.
FINDINGS OF FACT
Procedural:
1. Applicant. The applicant is Village Green of Federal Way, A Retirement Campus, LLC.
The applicant is represented by Heidi Swartz of The Swartz Company.
2. Hearing. The Hearing Examiner conducted a hearing on the application at 11:00 a.m. at
Federal Way City Hall on May 18, 2010.
Substantive:
3. Site/Proposal Description. The applicant has applied for Process IV approval for a senior
housing project along with a five-year extension to the applicable five-year construction
deadline. The project has been previously approved, but the construction deadlines for all phases
have expired and the applicant is reapplying for the same project design.
The Village Green retirement 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 operated. Village Green is a
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Village Green Extension Request p. 2 Findings, Conclusions and Recommendation
three-phase development, of which Phase I has been completed, Phase II has 63 units complete
and 165 unconstructed, and Phase III has 14 units completed and 26 unconstructed.
4. Characteristics of the 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. The project received a SEPA Determination of Nonsignificance (DNS)
on March 13, 2010. In addition, the project has already been approved under highly similar
regulations, but, as previously discussed, that approval lapsed. No alterations to the originally
approved project design have been proposed. 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 project as well as neighboring properties. A 20-
foot landscaping buffer will shield residences to the south, and the buffering will be enhanced by
the retention and replacement of significant trees. Conditions of approval will require
compliance with current drainage and transportation standards for any construction initiated
during the five-year extension period, ensuring that the project does not proceed under highly
outdated regulations. Compliance with current traffic requirements is especially significant for
concurrency, since the City's concurrency requirements are based upon its Six Year TIP, which
only extends to 2015. No critical areas are on site. No comments from the public have been
received, which is especially significant for this application since the public has had the
opportunity to witness the impacts of the completed portions of the project. Given all these
factors, there are no significant adverse impacts associated with this project.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing. Examiner: FWRC 19.70.150 provides that the Examiner shall issue
a written decision on Process IV applications. FWRC 19.70.210 provides that the Examiner's
decision is appealable to the City Council.
Substantive:
2. Zoning Desi ng ation: RS 7.2 and RS 9.6, Single -Family High Density.
3. Review Criteria and Application. FWRC 19.200.100 requires Process IV review for
senior citizen housing. Process IV criteria are governed by FWRC 19.70.150. Those criteria are
quoted in italics below and applied to the application under corresponding Conclusions of Law.
Hearing Examiner Review Process IV Decisional Criteria, FWRC 19.70.150(3)(a):
It is consistent with the comprehensive plan.
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Village Green Extension Request p. 3 Findings, Conclusions and Recommendation
4. The development represents the completion of the Village Green senior housing campus,
which offers a wide range of housing types and styles, in addition to recreational and cultural
opportunities, while providing seniors a neighborhood -like environment for their retirement.
The current proposal will increase housing opportunities for more active seniors within Village
Green, timed to meet market demands. As conditioned, the application is consistent with the
FWCP designation of Single Family High Density Residential and the FWCP goals and policies
identified in the staff report.
Hearing Examiner Review Process IV Decisional Criteria, FWRC 19.70.150(3)(b):
It is consistent with all applicable provisions of this chapter and all other applicable laws.
5. The City's Community Development Review Committee has reviewed the proposal and
found it to be in compliance with all applicable codes, policies, regulations, and previous
conditions of Hearing Examiner approval. Development of the site in accordance with these
requirements and the conditions of approval will ensure compliance will all applicable codes,
policies, and regulations. In order to ensure that the requested five-year extension does not
authorize the development to proceed under highly outdated development standards, the
conditions of approval require the project to comply with current drainage and transportation
standards for any construction initiated within the five-year extension period.
The Examiner adopts the staff s analysis of compliance with the special regulations applicable to
senior housing projects identified in FWRC 19.200.100. The Examiner also approves the
requested modifications to the fagade length and building height identified in the staff report at
page 12 for the reasons stated in page 12.
Hearing Examiner Review Process IV Decisional Criteria, FWRC 19.70.150(3)(c):
It is consistent with the public health, safety, and welfare.
6. The criterion is satisfied. As discussed in the findings of fact, there are no adverse
impacts associated with the project. As conditioned, all impacts have been fully mitigated. The
provision of senior housing to the City of Federal Way community is also inherently consistent
with public welfare.
Hearing Examiner Review Process IV Decisional Criteria, FWRC 19.70.150(d):
The streets and utilities in the area of the subject property are adequate to serve the anticipated
demand from the proposal.
7. Urban services are available to the site, and the site has direct access to 2nd Avenue SW
and to I" Avenue South. Internal private streets with associated right-of-way dedication are
consistent with the City's required street improvements and approved modifications. As a
condition of approval, the applicant is required to pay $113,394 as its pro-rata share contribution
to 2010-2015 Transportation Improvement Plan projects. This amount may be modified to meet
updated TIP requirements for construction of portions of the project initiated during the five-year
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Village Green Extension Request p. 4 Findings, Conclusions and Recommendation
extension period. The site is also served by public and private transportation services to meet
demand.
Hearing Examiner Review Process IV Decisional Criteria, FWRC 19.70.150(e):
The proposed access to the subject property is at the optimal location and configuration for
access.
8. Access to Phases II and II is provided from 2nd Avenue SW and 1 sc Avenue South through
the existing Village Green site. Access points have been determined to be at the optimal location
and configuration based on City staff review considering applicable code requirements, and by
South King Fire and Rescue considering emergency access requirements. Additionally, the site
plan and design was previously analyzed and approved for the original permit approval; since
that time no changes have been made to the site configuration and none are proposed in this
request.
FWCC 19.15.100(2): ...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.
9. The project is clearly phased and qualifies for consideration of a five year extension.
There are no criteria for granting such an extension. However, current economic conditions and
the associated difficulties in marketing senior housing units clearly justify the extension. The
added requirements for meeting current drainage and transportation requirements during the
extension period assure that there will be no adverse impacts associated with the extension. The
five year extension is granted.
DECISION
The Hearing Examiner approves project and requested five year construction extension, with the
conditions suggested in the staff report on pages 18 & 19. As extended, construction must be
substantially completed by June 2, 2020.
Dated this 1 Sc day of June 2010.
hil Olbrechts
Hearing Examiner
City of Federal Way
(BFP699241. DOC;1 /13041.150010/)
Village Green Extension Request p. 5 Findings, Conclusions and Recommendation
DECLARATION OF MAILING
Village Green Senior Housing, Phases II and III
Federal Way File Nos. 08-105555-00-UP and 08-105557-00-SE
I, N. Kay Richards, make the following declaration:
1. I am a resident of the State of Washington, over the age of 18 years, not a
party to this action, and competent to be a witness herein.
2. On the 2nd day of June, 2010, I mailed, via First Class U.S. Mail, a true
and correct copy of the Findings of Fact, Conclusions of Law and Decision and this
Declaration of Service to the following:
Heidi Swartz
The Swartz Company
5724 30th Avenue NE
Seattle, WA 98105
Duncanson Company, Inc.
Harold Duncanson, Project Manager
145 SW 155th Street, Suite 102
Seattle, WA 98166
Village Green of Federal Way,
A Retirement Campus, LLC
P.O. Box 98309'
Des Moines, WA 98198
Jennifer Kelly
145 SW 155th St., #102
Seattle, WA 98166
Ned Gulbran
2833 Mt. St. Helens Pl. S.
Seattle, WA 98144
I declare under penalty of perjury under the laws of the State of Washington that
the foregoing is true and correct.
EXECUTED at Seattle, Washington, this 2nd day of June, 2010.
N. Kay RicArds
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