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2010-05-18 HEX# 10-004 Staff Report4k CITY OF Federal Way 1011111191) a w w 13 14 MIMA"FMIJ DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT TO THE FEDERAL WAY HEARING EXAMINER VILLAGE GREEN OF FEDERAL WAY, PHASES II AND III File No. 08-105555-00-UP, Related File No. 08-105557-00-SE PUBLIC HEARING — May 18, 2010 11:00 a.m. CITY COUNCIL CHAMBERS FEDERAL WAY CITY HALL — 33325 8t' Avenue South Report Prepared by: Deb Barker, Senior Planner 253-835-2642 TABLE OF CONTENTS SECTION PAGE I. Description of Proposal.......................................................................................................1 II. Federal Way Revised Code (FWRC) Basis For Approval..................................................1 III. General Information............................................................................................................1 IV. History and Background......................................................................................................2 V. Environmental Threshold Determination............................................................................3 VI. Consulted Departments and Agencies, and Public Notice..................................................3 VII. Natural Environment...........................................................................................................4 VIII. Neighborhood Characteristics.............................................................................................6 IX. General Design........................................................................................6 X. Transportation.....................................................................................................................7 XI. Public Services & Utilities..................................................................................................9 XII. Analysis of Zoning Regulations........................................................................................10 XIII. Analysis of Phasing Request.............................................................................................13 XIV. Analysis of Process IV Decision Criteria..........................................................................14 XV. Findings of Fact and Conclusion.......................................................................................15 XVI. Recommendation...............................................................................................................18 EXHIBITS A Vicinity map B Architectural pages A-1.0, A-1.1, A-1.3, A-1.4, A-2.0, A3.0 and A3.1 prepared by Joji Minatogawa, Inc., dated November 18, 2008 C Cover letter prepared by applicant Heidi Swartz, dated November 18, 2008 D. Letter from City dated January 30, 2001 E -1 FWCC Section 22-640 - Senior Citizen and Special Needs Housing E-2 FWRC 19.200.100 — Senior Citizen Housing F Notice of Application dated December 20, 2008 G Environmental Determination of Nonsignificance (DNS), issued March 13, 2010 H Environmental Checklist, signed by Harold Duncanson, dated November 18, 2008 I Final Staff Evaluation for SEPA Checklist, March 13, 2010 J Landscape plan pages L1-L6 prepared by Ned Gulbran dated November 18, 2008 K Preliminary Technical Information Report (TIR), by Duncanson Company, Inc., dated August 3, 2009 and revised December 21, 2009 L Civil Plan C-1 prepared by Duncanson Company, Inc., dated November 18, 2009 M Letter from City dated November 10, 2009 N Building length modification request prepared by Heidi Swartz, dated November 18, 2008, with site pictures and key map O Letter from applicant prepared December 21, 2009, with statement of design intent and applicable design guidelines P Concurrency Acceptance Letter dated March 18, 2010, and signed March 23, 2010 Q Right-of-way modification request dated October 27, 2008 R ROW Modification decision dated Janaury 4, 2009 S Parking Study prepared by TSI, Inc., dated November 5, 2008 T South King Fire and Rescue memo on Building F dated December 31, 2009 U Senior Housing Covenant recorded February 18, 2010 V Affordable Housing Covenant recorded February 18, 2010 (Note: Technical reports and information listed above may not be attached to all copies of this report. Copies of exhibits and other information contained in the project file may be reviewed and/or obtained by contacting the Department of Community Development Services, 33325 8' Avenue South, PO Box 9718, Federal Way, WA 98063-9718, 253-835-7000.) I. DESCRIPTION OF PROPOSAL The applicant has applied for Process IV Hearing Examiner approval to re-establish land use approval for those Phase II and III portions of Village Green of Federal Way, A Retirement Campus, that have not yet been constructed and which were subject to a previous land use approval that expires in April 2011. The applicant has requested that in addition to the five year construction timeline available outright under Use Process IV, that Phase II and Phase III be granted an additional five year construction time line extension by the Federal Way Hearing Examiner. 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 maintained. II. FEDERAL WAY REVISED CODE (FWRC) BASIS FOR APPROVAL Pursuant to FWRC 19.200.100, senior citizen housing is a permitted use in the Single Family Residential (RS) zoning district, subject to Process IV Review, "Hearing Examiner's Decision" (FWRC 19.70). Also, pursuant to FWRC 19.15.100(2), "Lapse of Approval, Generally," the Hearing Examiner may approve extended time limits for phased construction as part of the Process IV decision. III. GENERAL INFORMATION Location: The subject property is located between SW 352°d and SW 356th Streets, and between Pt Avenue South and 2nd Avenue SW, to the south and west of the existing Village Green development, and east of the plat of Tuscany Woods (Exhibit A). S-T-R: Section 30, Township 21 North, Range 4 East, W.M., King County, WA, King County Tax Parcel Numbers 302104-9024, 302104-9017, 302104-9146 Acreage: The overall site has a land area of 958,320 square feet or 22 acres. Applicant: Heidi Swartz The Swartz Company 5724 30' Avenue NE Seattle, WA 98105 (206-730-6933) Engineer: Duncanson Company, Inc. Harold Duncanson, Project Manager 145 SW 155th Street, Suite 102 Seattle, WA 98166 (206-244-4141) Owners: Village Green of Federal Way, A Retirement Campus, LLC PO Box 98309 Des Moines, WA 98198 Staff Report to the Federal Way Hearing Examiner Page I Village Green of Federal Way, Phases II and III File No. 08-105555-00-UP/Doc. i.n53842. Site Zoning: Phase II of Village Green is zoned Single Family Residential (RS) 7.2 (7,200 square feet lot size) while Phase III (Cottages West) is zoned RS 9-6 (9,600 square feet lot size) Comprehensive Plan Designation: Single Family — High Density (SFHD) Site Access: Vehicular and pedestrian access is provided from 1st Avenue South, at approximately SW 353' Street, through the adjacent Village Green Development as well as from 356' Street SW via 2' Avenue SW. Utility District: Lakehaven Utility District Fire District: South King Fire and Rescue IV. HISTORY AND BACKGROUND Village Green project is an existing senior housing facility that includes apartment, cottage, and duplex housing types for senior citizens, contained in multiple buildings over a 22-acre site including associated infrastructure (Exhibit B). The 90 units of Village Green Phase I received City approval in 1995, and all of Phase I has been built. In 1998, the Hearing Examiner approved 228 units of Village Green Phase II, which brought the total density to 318 units. At this time, the applicant has constructed 153 of the approved 318 dwelling units, consisting of 90 Phase I units and 63 Phase II units. There are 165 units yet to be built under the Village Green Phase II 1998 previous approval. The City approved Village Green Phase III units, known as Cottages West, in 2000. It is under construction at this time. Of the 40 approved units, 14 have been constructed, and 26 units have yet to be built. This application for Village Green Phase II and Phase III (Cottages West) requests approval for the 191 un-built units' as well as nine additional units in Phase 11 as provided in FWRC 19.110.010,2 for a total of 200 units. The three phases of Village Green will establish 367 units of senior housing. According to the applicant, the un-built units of Village Green Phase II and III (Cottages West) are anticipated to require additional time for substantial completion (Exhibit Q. According to existing approval dates and subsequent approval extensions, previous approvals for the un-built Phases H and Phase III (Cottages West) units expire on April 23, 2011 (Exhibit D) unless construction activity is substantially completed. Senior citizen housing projects within the RS zoning district are subject to a "Process IV" Hearing Examiner's decision pursuant to Federal Way City Code (FWCC) Section 22-640 (Exhibit E-1) and Federal Way Revised Code (FWRC) 19.200.100 s (Exhibit E-2), as well as environmental review under the State Environmental Policy Act (SEPA). The Village Green Phase II and III (Cottages West) application, submitted on November 18, 2008, is vested to the FWCC that was in effect on December 15, 2008, which is the date of the complete application, as referenced in Exhibit F - Notice of Application; and further is only subject to the applicable 1 165 Phase II units and 26 Phase III units = 191 units + 9 additional units = 200 units. 2 FWRC 19.110.010 provides increased density when providing affordable housing units. 3 On October 9, 2009, the City Council reorganized the Federal Way City Code into the Federal Way Revised Code. Staff Report to the Federal Way Hearing Examiner Page 2 Village Green of Federal Way, Phases II and III File No. 08-105555-00-UP/Doc.1.n53842. portions of the FWRC that are consistent with the December 15, 2008, Federal Way City Code (FWCC). The applicant notes that given the current economic conditions, Village Green Phase II and Phase III (Cottages West) project cannot be completed by the expiration date of April 23, 2011 (Exhibit D). Any "new" Process IV approval granted by the Hearing Examiner would replace the previous Process IV approvals with no changes to previous approved design or layout. The applicant is requesting the inclusion of extended construction timelines in the Process IV decision. Specifically, the applicant is requesting a total of ten years' in order to complete construction activities, in place of the maximum five years otherwise allowed by code. The reasons cited by the applicant in support of this request are market demands for senior housing. A staff analysis of this request is included below under Section XIV- Analysis of Process IV Decision. V. ENVIRONMENTAL THRESHOLD DETERMINATION Under the State Environmental Policy Act (SEPA), an Environmental Determination of Nonsignificance (DNS)' was issued for the proposed action on March 13, 2010 (Exhibit G). This determination was based on review of information in the project file, including the environmental checklist (Exhibit I) and the "Final Staff Evaluation for Environmental Checklist" (Exhibit I), resulting in the conclusion that the proposal would not result in probable significant adverse impacts on the environment. VI. CONSULTED DEPARTMENTS AND AGENCIES, AND PUBLIC NOTICE The following departments, agencies, and individuals were advised of this application. A. Community Development Review Committee (CDRC) consists of the Federal Way Community Development Services Planning and Building Divisions; Public Works Engineering and Traffic Divisions; Federal Way Police Department; South King Fire and Rescue, and Lakehaven Utility District. CDRC comments have been incorporated into this report where applicable. B. All property owners within 300 feet of the site were mailed the December 15, 2008, Notice of Application (NOA) and notice of the May 18, 2010, Hearing Examiner public hearing. The notices were posted on the site, published in the newspaper, and posted on the City's official notice boards, in accordance with the City's public notice requirements. hi accordance with SEPA and FWRC Title 14, "Environmental Protection," all property owners and occupants within 300 feet of the site, and all affected agencies and tribes, were notified of the proposed action and the City's environmental determination. In addition, the site was posted and notice placed in the newspaper and on the City's official notice boards. No comments or appeals were filed by the DNS appeal deadline of April 12, 2010, and no changes or corrections were made to the City's initial environmental determination. 4 Ten years is based on five years of Process IV land use approval permitted outright under FWRC, together with an additional five years time that is granted by the Hearing Examiner pursuant to phasing provisions of Use Process IV. 5 Federal Way File No. 08-105557-00-SE Staff Report to the Federal Way Hearing Examiner Page 3 Village Green of Federal Way, Phases II and III File No. 08-105555-00-UP/Doc. i.o53842. VII. NATURAL ENVIRONMENT A. Topography — Topography in the Village Green Campus includes a sloping, forested ravine, a manmade closed depression, gently sloping meadowland, and formal landscaping around building areas. Previous geotechnical reports prepared for the existing development identified geologically hazardous areas containing steep slopes and erosive soils. Specific geotechnical recommendations to re -contour, flatten, and stabilize steep slopes were incorporated into the construction plans, and were implemented in the project construction already completed. Preliminary infiltration testing has been conducted for Village Green Phase II and III (Cottages West). B. Soils — The 1973 King County soils survey map lists the soil types for the subject site as Everett Gravelly Sandy Loam (EvC) and (EvD). Geotechnical recommendations for re- grading and stabilizing the existing manmade slopes, as discussed above, were implemented during initial construction and successfully controlled erosion. Generally, project development areas have already been cleared and remain fully stabilized. Project specific Temporary Erosion and Sedimentation Control (TESC) plans will be required in conjunction with construction of Village Green Phases II and III (Cottages West). C. Vegetation — The overall site contains a mix of mature firs, alders, madrona, and big leaf maple trees with native understory of shrubs, as well as formal landscaped gardens and foundation landscaping. Previously approved actions converted portions of the site from forestland to urban residential. However, the overall Village Green Campus has been designed to avoid or minimize impacts to significant vegetation, and to provide walking trails through forested areas as an amenity for existing and future residents. The applicant's landscape plan (Exhibit.) notes that the project will retain all significant trees and other trees in buffer areas. In addition, the interior portion of the site proposed for Phase II will be cleared and 54 replacement trees planted. These trees along with the retained perimeter trees will meet and exceed the required 25% quantity of significant trees to be retained or replaced. D. Hydrography — The Federal Way Wetland Inventory does not reveal any wetlands, streams, or 100-year floodplain, on or within 200 feet of the site. The western portion of the site is located in an aquifer recharge area, and the storm drainage facilities for Phase III (Cottages West) were designed to utilize infiltration methods and result in clean stormwater returning to the aquifer. Storm drainage information for the Village Green Phase II and III was provided in the applicant's preliminary Technical Information Report (TIR) and was reviewed and approved by the City's Public Works Department during previous development. A current Preliminary TIR is included as Exhibit K. Phase III, known as Cottages West, and the adjacent Tuscany Woods site share a basin and thus share the combined storm drainage system created within the manmade closed depression located on the Cottages West site. In addition to providing water quality treatment and retention for both sites, this drainage facility also accommodates existing storm overflow discharge from upstream basins including but not limited to Bellacarino Subdivision, the elementary school, and the adjacent John Roe plat. Stormwater from the un- built portions of Village Green Phase II is to be collected on site and conveyed to the Staff Report to the Federal Way Hearing Examiner Page 4 Village Green of Federal Way, Phases II and III File No. 08-105555-00-UP/Doc. i.n53842. existing treatment/detention facilities located in the northeast corner of the Phase I portion of the site prior to release into the city's stormwater conveyance system in Pt Avenue South. This system was constructed prior to adoption of the 1998 King County Surface Water Design Manual (KCSWDM). The applicants' engineer demonstrated on sheet C1 that this facility can be expanded, as necessary, along the south and west portions of the facility (Exhibit L). The current Village Green Phase II development is subject to FWRC 19.30.120, "Nonconforming Water Quality Improvements. " To address water quality, the City has developed an "area -specific water quality applications" map based on recommendations of the Hylebos Basin Plan, which cites water quality degradation throughout the drainage basin in which the Village Green site lies. Based on this plan, water quality treatment will be required for the entire Village Green site (Phases I, II and 111), including new and existing pollution generating impervious surfaces in previously developed phases of the Village Green development. The stormwater treatment facility design shall comply with the criteria identified in the adopted 1998 KCSWDM. As the storm drainage infiltration system installed with the Village Green Phase III (Cottages West) development already addresses the 1998 KCSWDM, upgrades to the Village Green Phase III (Cottages West) system are not required. The applicant intends to provide enhanced basic water quality treatment for Village Green Phase II through use of a StormFilter media treatment system in conjunction with the existing detention/wetpond system that provides the required pre -settling function. On February 16, 2010, the City adopted the 2009 version of the KCSWDM. However, this project is vested to the 1998 KCSWDM, which was in effect at the time the application was determined to be complete. To address current code provisions during the life of the project, the Public Works Department, in a November 10, 2009 letter (Exhibit M), determined that should the Village Green Phase II project not be completed within the outright code based 5- year timeline granted under Use Process IV Land Use approval, a longer timeline should only be granted subject to the following condition of approval: "If the Village Green Phase II project is not fully constructed or substantially complete within the City code -based five year timeline granted under Process IV Approval, then the applicant shall design the storm drainage system to conform to those drainage design requirements and standards adopted by the City on the date that the first building permit applications) for the Phase II project is determined to be complete. This condition applies to any extension beyond the five year timeline granted under Process IV pursuant to Federal Way Revised Code (FWRC) 19.15.110. " Final engineering design of storm drainage facilities is subject to all applicable core and special requirements set forth in the applicable KCSWDM adopted by the City. The storm drainage preliminary design proposed by the applicant is generally accepted by the City subject to conditions as noted, and the City will conduct a detailed technical review of the plans and the TIR after land use approval and prior to issuing a building permit. E. Wildlife — The Village Green campus contains a variety of songbirds and small animals associated with urban residential areas. During previous Village Green Phase I, Phase 11 and Phase III reviews, the site was found to not contain any threatened species, endangered species, or species of concern, or priority habitats or species, as defined by the Washington Department of Fish and Wildlife (WDFW) Prior Habitats and Species (PHS) data. However, Staff Report to the Federal Way Hearing Examiner Page 5 Village Green of Federal Way, Phases II and III File No. 08-105555-00-UP/Doc. i.n53842. the site does provide high habitat connectivity and circuitry within the project site by retaining a cross -site wildlife corridor that leaves a major portion of the forested area along the west property line undisturbed and retains large trees wherever possible. The landscape plan (Exhibit J) uses native vegetation, which will provide for additional wildlife habitat. F. Environmentally Sensitive Areas — The City's Environmentally Sensitive Areas Maps do not reveal the site to contain any wetlands, streams, landslide, seismic, or erosion hazard areas. The Hylebos Creek, a major stream, is located approximately 1/4 mile east of the site, with associated Category 1 wetlands approximately 350 feet east of the site. As noted under topography, above, artificially created slopes were re -graded and stabilized with Phase III (Cottages West) initial site development. No intrusions are proposed on or within the FWRC required 25-foot setback from the natural steep slope. Also as noted under hydrography, due to the aquifer recharge area, Phase III (Cottages West) drainage facility design utilizes approved infiltration methods. VIII. NEIGHBORHOOD CHARACTERISTICS The property is located in an urbanized neighborhood, with a surrounding mix of single- and multi -family residential. Current uses of the site and surrounding area are: Direction Zoning Comprehensive Plan Existing Land Use Site RS 7.2 & 9.66 Single Family (SF) — High Density Senior Housing Apartments Cottages and Duplex North RM-2400 Multifamily Apartment Complex South RS-9.6 SF — High Density SF Residential East RS-9.6 SF — High Density SF Residential, Qwest equipment building West RS-9.6 SF — High Density SF Residential IX. GENERAL DESIGN The preliminary site and landscape plans for this Village Green Phases II and III application are entirely consistent with previously approved design requirements from the 1998 Village Green Phase 11 and the 2000 Village Green Phase III (Cottages West) project. The City has previously found that the proposed fagade modulation, building height and landscaping for these phases were consistent with standards for senior housing in the RS zoning district and applicable RS-based design guidelines. Village Green Phase II In a December 21, 2009 letter (Exhibit O), the applicant provided responses to design guideline standards for Village Green Phase II for site and building design, building articulation and scale and landscaping as follows: (a) Site Design — Pursuant to FWRC 19.115.050, project designers shall address general design criteria including (a) pedestrian circulation and public spaces; (b) parking; (c) service area; and (d) lighting. Staff finds the applicant has met the intent of the chapter's site and building design standards via extensive use of well lit walkways, pedestrian spaces, gardens and 6 RS -7.2 —7,200 SF minimum lot size, while RS-9.6= 9,600 square foot minimum lot size. Staff Report to the Federal Way Hearing Examiner Page 6 Village Green of Federal Way, Phases II and III File No. 08-105555-00-UP/Doc. i.n53842. seating; parking garages located beneath the buildings in addition to at -grade locations; service areas clustered to avoid impacts to residents. (b) Building Design — The project is subject to facade treatment and articulation requirements pursuant to FWRC 19.115.060(2), and significant structural modulation pursuant to FWRC 19.115.100(3). Staff finds the applicant has met the intent of the chapter's building design standards as the proposed buildings with facades longer than 60 feet will be treated with modulation and eight feet of landscaping; exterior materials that include areas of stone wainscot, board and batten vertical siding, horizontal lapped siding, visible window trim, exposed heavy timber and large expanses of glazing; multiple building setbacks, canopies, material variations, ornamental landscaping and multiple opportunities for outdoor gathering assist in providing a pedestrian scale to the buildings with relatively long facades; and common recreation areas are arranged so that windows overlook them. (c) As proposed, the project is consistent with the lot coverage, setbacks, height, parking, site layout and circulation requirements contained within the Code, except where noted and addressed in Section XI, Special Regulations. See also the applicant's statement of design intent, which describes the height, building exterior, interior and landscaping in more detail. Village Green Phase III (Cottages West) The City previously found that proposed facade modulation, building height, and landscaping for the Village Green Phase III (Cottages West) was consistent with standards of RS zoning, and RS design guidelines. The requested dimensional standards for Phase II and III are consistent with previously approved dimensional standards. The Cottages West buildings incorporate residential design elements such as pitched and varied rooflines, generous use of windows, entry porches, patios, private decks and yards and landscaping. Building facades are less than 60 feet in length. Single garage spaces are provided with each unit with their prevalence diminished through use of shared driveways and lower rooflines relative to the balance of the facade. As proposed, the Phase III Cottages West project is consistent with the lot coverage, setbacks, and building height, parking, and site layout and circulation requirements contained in the FWRC. Boundary Line Adjustment The current property line separating parcels 9024 developed under Village Green Phase II and the vacant parcel 9017 conflicts with the location of Building F. A Boundary Line Adjustment 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. This will be recorded at King County at the expense of the applicant prior to issuance of a certificate of occupancy for Building F. X. TRANSPORTATION The previous applications submitted by the applicant included vehicular and pedestrian access and circulation that was found to be consistent with the goals and policies for Transportation, as set forth in Chapter 3 of the Federal Way Comprehensive Plan (FWCP). Site access, circulation, and street improvements have been reviewed by City staff and the fire department, and determined to be at the optimum location and configuration for safe and effective traffic circulation. A. Concurrency and Traffic Generation —The applicant requested that the Public Works Traffic Division prepare a concurrency report. The City's February 9, 2010, Concurrency report found that the Village Green Phase II and III project would generate 42 peak hour trips Staff Report to the Federal Way Hearing Examiner Page 7 Village Green of Federal Way, Phases II and III File No. 08-105555-00-LP/Doc. i.n53842. impacting several 2010-2015 Transportation Improvement Plan (TIP) projects, and as provided in FWRC 19.90, determined that the pro-rata share contribution for these trips would be $113,394.00. (Exhibit P - Concurrency Acceptance Letter). In addition, the Public Works Traffic Division reviewed traffic data and the environmental checklist submitted with the application. In a letter dated November 10, 2009, (Exhibit M), the Traffic Division clarified their support for a ten year construction timeline up to year 2015 of the current traffic mitigation as this coincides with the current adopted Transportation Improvement Program (TIP) 2010 — 2015. However, they noted that the support is conditional and that if a building permit for the Village Green Phase II and III project is not issued within the City code -based five (5) year timeline granted under Process IV approval, the remaining portions of Phase II and Phase III will be subject to a new concurrency analysis and any transportation fees in effect at that time. In addition, the applicant shall also mitigate any traffic impacts identified in that concurrency analysis. In order to be consistent with adopted standards, the traffic division further supports conditional approval of the requested ten-year approval period and recommends that should the applicant not substantially complete the project on or before five years from the date of Hearing Examiner approval, those uncompleted portions of the development may be subject to a Transportation Impact Fee (TIF) as conditioned by the Hearing Examiner: 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 fund preparation of a new concurrency analysis. This analysis must demonstrate that adequate capacity for the un-built portions of the project still exists for the remainder of the project. In the event that there is not adequate capacity, the applicant shall be required to construct whatever mitigation measures are necessary to meet the adopted Level of Service (LOS) at any failing intersection. 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 make payment of applicable transportation fees/concurrency fees that are in effect at the subsequent building permit issuance associated with any extension. B. Vehicular Access and Circulation — Vehicular and pedestrian access to the project have been provided from 1st Avenue South, through the existing Village Green development, and from SW 356t1i Street via 2' Avenue SW. The 2' Avenue SW entrance to the project is gated to meet the security needs of the senior population and emergency access into the site is maintained at all times. C. Street and Right -of -Way Improvements —The applicant installed street improvements along Pt Avenue South, and 2' Avenue SW with initial project phases. A right-of-way modification request (Exhibit Q) was reviewed by the Public Works Department, who in a January 14, 2009, letter waived requirements for public street improvements and undergrounding of overhead utility lines in conjunction with Phase II.' 7 As noted in Exhibit M, the November 10, 2009, letter clarified that the "right-of-way modification to not require improvements on SW 356' Street and IIt Avenue South shall remain valid through the life of the Phase II application." Staff Report to the Federal Way Hearing Examiner Page 8 Village Green of Federal Way, Phases II and III File No. 08-105555-00-UP/Doc. i.n53842. However, as provided under FWRC 19.135.070, the Public Works Director required that land for necessary future right-of-way improvements be dedicated on SW 356th Street and Pt Avenue South (Exhibit R). Prior to issuance of Certificate of Occupancy of the first building constructed on Phase II of the Village Green Campus, the applicant shall dedicate a four - foot -wide strip of property adjacent to the existing edge of Pt Avenue South right-of-way and an 11-foot-wide strip of property adjacent to the existing edge of SW 356' Street right- of-way, which shall be recorded at King County at the expense of the applicant. The proposed internal roadways have been reviewed by South King Fire and Rescue and found to meet the department's standards for emergency vehicle access and circulation. Refer to section XI(c) for additional comments. D. Parking — Required parking for senior housing is determined on a case -by -case basis, based on, "...actual parking demand on existing uses similar to the proposed use."' Pursuant to the applicant's 2008 parking analysis (Exhibit S), two off-street parking spaces will be provided per unit, with one in the single -car garage and the other in the driveway. This proposed parking ratio (2:1) exceeds the FWCC requirement for standard, stacked multi -unit housing (1.7:1) and the requirement for detached housing in a multifamily zoning district (2:1). In addition, street sections "W" and "Y" both permit on street parking. The City accepts the proposed parking ratio with no further parking analysis required. E. Pedestrian Connectivity — The Village Green project currently provides pedestrian circulation along public and private streets and between cottage housing and the apartment based housing areas. Recreational walking trails are located adjacent to wooded areas along the western project boundary, with loop connections to the internal sidewalk system and throughout the site. F. Transit Service — The existing Village Green development is currently served by both public and private transportation. Van service is provided on a scheduled basis by Village Green. A METRO bus is located at I' Avenue South and SW 356' Street, approximately one block to the east and south of the subject site. XI. PUBLIC SERVICES AND UTILITIES A. Utilities — The site is served by Puget Sound Energy (power and natural gas), Lakehaven Utility District (water and sewer), Qwest (telephone), and cable services. Sewer service is provided by an eight -inch diameter pipe extended from an existing eight -inch stub located approximately 75 feet west of the northeast property corner of the site. Relocation and potential upsizing of the sewer line is also proposed in conjunction with Phase II construction. Water service is looped through the site via an eight -inch water line with connections to an existing eight -inch main located within the 2' Avenue SW right-of-way, an existing eight -inch main located approximately 75 feet west of the southeast corner of the subject site, and an existing eight -inch main located approximately 520 feet south of the southeast corner of the subject site. Storm drainage facilities, which include infiltration and pre -settling ponds, and conveyance pipe and catch basins, are privately owned and maintained, as are the interior roads. $ FWCC Section 22-640 & 22-1378 Staff Report to the Federal Way Hearing Examiner Page 9 Village Green of Federal Way, Phases II and III File No. 08-105555-00-UP/Doc. i.n53842. B. Open Space and Recreation — Off -site recreational opportunities include the Federal Way Community Center approximately 2 miles from the project site off 9th Avenue South; and West Hylebos State Park, located at 4t' Avenue South and South 348t' Street, approximately 0.75 driving miles from the site. The developed portions of the project have been designed and constructed to meet the active and passive recreational needs of today's independent seniors. Throughout the Village Green campus, residents can use a series of interconnecting walking trails through serenely wooded open spaces, as well as a fitness center, personal garden spots, pool tables, and spa pool. The residential units provide large entry front porches and either a rear -yard or side -yard private deck or patio. C. Police and Fire Protection — South King Fire and Rescue and the Federal Way Police Department currently provide services to the site, and they reviewed the project for compliance with requirements for emergency access, hydrant locations, and fire flow. South King Fire and Rescue has required that the Porte Cochere on Building F have an overhead clearance of 13'6" or a 20-foot-wide drive aisle in front of the building to facilitate access by emergency service vehicles (Exhibit T). This will be reviewed in conjunction with the Building F building permit application. The departments do not indicate that any special emergency services will be required, beyond those normally associated with the existing and proposed senior housing use. XII. ANALYSIS OF ZONING REGULATIONS The application was reviewed under FWRC Use Zone Chart 19.200.100, "Senior Citizen or Special Needs Housing." Following is a staff analysis of the proposal under applicable regulations listed in FWRC 19.200.100, "Special Regulations and Notes." A. (Note 2.a.) The housing will be available for the exclusive occupancy ofpersons over 55 years of age or mentally, physically, emotionally, or developmentally impaired persons and the spouses or caretakers living with such persons. Staff Response: In a December 21, 2009, letter (Exhibit O) the applicant indicated that the project would continue to provide housing exclusively for persons over 55 years of age. Such requirements are permanently ensured through formal recorded Covenants, which have been reviewed by the City prior to recording at King County on February 18, 2010, and included as Exhibit U. Senior housing covenants have been previously reviewed and recorded for those portions of the Village Green project that have been granted a certificate of occupancy. B. (Note 2.b.) The subject property is situated inclose proximity to and has convenient access to, public transportation, shopping, health care providers and other services and facilities frequently utilized by the intended residents of the subject property. Staff Response: The Village Green Campus is situated in close proximity to services and facilities that those over 55 years of age most commonly use and/or need (distances listed below are approximate). In addition, the residents will be served by both public and private transportation. Private van service is available to residents for shopping, doctor appointments, banking, cultural activities, etc. Staff Report to the Federal Way Hearing Examiner Page 10 Village Green of Federal Way, Phases II and III File No. 08-105555-00-UP/Doc. i.n53842. Bank Hospital & Medical Offices Grocery Restaurant Library Bus stop 1.5 miles 1.0 mile 0.6 miles 0.6 miles 0.9 miles Corner of SW 356' and 1" Ave. South C. (Note 2c): The proposed development will not create unreasonable impacts on traffic, public utilities and services or on nearby residential uses. Staff Response: Transportation — As part of environmental review of the project, the City's traffic division reviewed the traffic data submitted with the application. As noted in Exhibit M, concurrency permits are tied to the underlying land use decision. Concurrency mitigation conditions are based on the current adopted Six Year TIP, which ranges only from years 2010 to 2015. The City's Traffic Division recommends conditional approval of a five year construction timeline beyond that available under code; those portions of Village Green Phase 11 and Phase III (Cottages West) development that are not built within five years of Hearing Examiner approval shall be subject to more rigorous traffic and mitigation standards. Public Utilities — All utilities (water, sewer, power, telephone, and cable) are available, with sufficient capacities to the site, subject to applicable extension agreements. The existing on - site surface water quality and detention facilities are designed in accordance with applicable county and City design standards, to manage all project -related surface water runoff, with no adverse downstream impacts. As recommended by staff, those portions of Phase II development that are not built within five years of Hearing Examiner approval shall be subject to more rigorous drainage standards. Public Services — Federal Way Police Department and South King Fire and Rescue review of the application and the applicant's completed CPTED checklist identified no anticipated concerns about providing appropriate emergency response or level of service to the development subject to recommended conditions. Neighborhood Impacts — Impacts on nearby residents should continue to be minimal. The developed areas will be buffered from property lines with vegetated and topographic elements. The completed project will enhance the existing Village Green development through the addition of more walking trails and recreational amenities. Impacts on residences to the south are minimized by a 20-foot-wide perimeter landscape buffer; retention and/or replacement of significant trees within the buffer; building design which minimizes fagade length and incorporates residential design features; and the moderating effect on traffic speeds and volumes produced by the gated public access to the site at 2nd Avenue SW. D. (Note 3) The City will determine the number of dwelling units or occupancy rooms or suites permitted in the proposed development, and may permit or require modification of the required yard, lot coverage, height, landscaping, and other similar dimensional and site design requirements based on the following criteria: (Refer to code for text of criteria 3 a- d). Staff Report to the Federal Way Hearing Examiner Page 11 Village Green of Federal Way, Phases II and III File No. 08-105555-00-UP/Doc. i.n53842. Staff Response: The un-built 191 dwelling units together with the nine units available under affordable housing provisions are consistent with the existing density of Village Green Phases I, II and III, and with the overall gross density for senior housing uses that would be permitted based on the underlying zoning of the RS-7200 and RS-9600 districts. No modification to dimensional or site design requirements was determined necessary to support the proposed density. Affordable Housing - At least five percent of the total number of Phase II and Phase III housing units shall be affordable to those having incomes that are 80 percent or below the county median income per FWRC 19.110.010(3), and all of the affordable housing units can be established in Phase 11. In this case, the applicant has noted that five percent of the Phase 11 units will be affordable and has recorded a covenant against the property to that effect (Exhibit V). In addition, as provided in FWRC 19.110.010(3)(a), one bonus rate unit for each affordable unit included in the project is permitted; up to 10 percent above the maximum number of dwelling units. The applicant has elected to increase the density of Phase 11 by nine units, which when combined with the 191 un-built units creates 200 senior housing units. Facade Length - While FWRC typically precludes facades longer than 120 feet in length, the FWRC does incorporate flexibility for senior housing facilities, which due to the nature of their clientele rely on building connectivity. In a November 18, 2008, request (Exhibit N), the applicant requested modifications to the 120-foot-long dimensional requirements for buildings F, G, and J that are consistent with a building fagade length modification granted in 1998 by the City for Village Green Phase 11. The buildings are connected by enclosed connector rooms that maintain consistent temperatures and facilitate access to and from common areas such as dining rooms. The overall facades of the connected buildings are longer than 120 feet in length; however, the building "connectors" are set back from the main building facades and are lower in scale than the roof elevation of the residential buildings. These features create a strong modulation effect that serves to break up the overall building massing. The facades are also consistent with fagade massing treatment successfully used on the previously approved portions of Village Green Phases I and II. Building Height - Flexibility is also provided for the 30-foot-tall average building height listed in FWRC. Building elevations submitted by the applicant (Exhibit B) depict the overall maximum height to the top of the roof at 37 feet, two inches. However, the average building elevation, which is measured from the mid -point of the roof, is approximately 30 feet in the case of the Phase II buildings due to the broad roof forms featuring gable extension and dormer -like treatment. The roof pitch measures 6/12, consistent with code parameters, and is consistent with the roof forms used in the Village Green Phase I and Phase 11 development. The roof height of Village Green Phase III (Cottages West) is under the 30-foot maximum height requirement. E. (Note 5) No fagade of any structure may exceed 120 feet in length. In addition, any fagade of a structure that exceeds 50 feet in length must be modulated per criteria. (Refer to code for text of criteria 5 a-c). Staff Response: As discussed above, the extreme modulation and small scale building connection mitigates the fagade length. The varied building fagade modulation and use of bay windows satisfies the requirements for facades over 50 feet in length. This is also Staff Report to the Federal Way Hearing Examiner Page 12 Village Green of Federal Way, Phases II and III File No. 08-105555-00-UP/Doc. LD53842. consistent with facade massing treatment successfully used on the previously approved portions of Village Green Phases I, II, and III. F. (Note 6) If any portion of a structure is within 100 feet of a low density zone, then either... (Refer to code for text of criteria 6 a-b). Staff Response: There are no low density zones in the vicinity of this development. XII. ANALYSIS OF PHASING REQUEST Pursuant to the Federal Way Revised Code, the applicant's phasing request (Exhibit C) would allow construction of Village Green Phases II and III (Cottages West) over a total period of ten years (five years permitted outright and an additional discretionary five years) to allow for phasing instead of seven years (five years with a two-year extension). If approved, the construction deadline for the Phase II and Phase III (Cottages West) projects would be extended to a maximum ten years from the date of the Hearing Examiner's decision.' This is a procedural request only and does not otherwise affect any previous Village Green decisions and conditions. The applicant's stated reasons for the phasing request relate to current market and economic conditions. The city has recently adopted and/or revised several important standards for stormwater and traffic mitigation that impact this phasing request as summarized below: Storm Drainage — As noted in section VII (D), the current Village Green Phase II development is subject to FWRC 19.30.120, "Nonconforming Water Quality Improvements. " Water quality treatment in compliance with the 1998 KCSWDM is required for the entire Village Green site, including new and existing pollution generating impervious surfaces in previously developed phases of the Village Green development, except for Phase III (Cottages West), which already meets water quality standards. However, on February 16, 2010, the City adopted the 2009 version of the KCSWDM. Although Phase II is vested to the 1998 KCSWDM, which was in effect at the time the application was determined to be complete, to address current water quality code provisions during the life of the project, the Public Works Department determined that should the Village Green Phase II project not be completed within the outright code based 5-year timeline granted under Use Process IV Land Use approval, a longer timeline should only be conditionally granted (Exhibit M). Traffic Concurrency — Also, as further noted in Exhibit M, concurrency permits are tied to the underlying land use decision. Concurrency mitigation conditions are based on the current adopted Six Year TIP, which ranges only from years 2010 to 2015. The City's Traffic Division recommends conditional approval of a five year construction timeline beyond that available under code; those portions of Phase II and Phase III development that are not built within five years of Hearing Examiner approval shall be subject to more rigorous traffic and mitigation standards. The FWRC allows the Hearing Examiner to approve phased construction as part of the Process IV decision,10 but sets forth no specific criteria to evaluate such request. However, based on the findings in Exhibit M, and as summarized above, staff is recommending conditional approval of the applicant's phasing request of ten years. Staff anticipates that as conditioned, the extended 9 And completion of any related appeals. io FWRC 19.70 Staff Report to the Federal Way Hearing Examiner Page 13 Village Green of Federal Way, Phases II and III File No. 08-105555-00-UP/Doc. i.n53842. timelines would result in no significant changes to existing environmental conditions, on or off the subject site. Supporting infrastructure is installed for the most part, and the applicant has demonstrated that the project site can accommodate required modifications to storm drainage systems. Further, with the exception of the traffic and drainage issues noted above, which is appropriately addressed as recommended conditions of project approval, staff anticipates no future code amendments within the proposed phasing period that would significantly impact current development regulations, design requirements, or engineering standards applicable to project design and construction. XIV. ANALYSIS OF PROCESS IV DECISION CRITERIA Pursuant to FWRC 19.70.150, the Hearing Examiner shall issue a written decision after considering all of the information and comments submitted on the application; shall use the criteria listed in the provision of this chapter describing the requested decision in deciding upon the application; and may approve the application only if it meets the Process IV decision criteria listed in FWRC 19.70.150(3)(a) through (e). Following are the Process 1V decision criteria and staff responses. a) It is consistent with the Comprehensive Plan. Staff Response: The proposed development represents the completion of the Village Green senior housing campus, which offers a wide range of housing types, styles, together with recreational and cultural opportunities, while allowing seniors to "age in place" in a neighborhood -like environment. The current proposal, and associated phasing request, will increase housing opportunities for more active seniors within the Village Green complex, timed to meet market demand. As proposed and conditioned, the application is consistent with the FWCP designation of Single Family -High Density Residential and associated land uses, and the following specific goals and policies listed below. • Provide a wide range of housing densities and types in the single-family designated areas (LUG3.1, FWCP). • Preserve and protect the quality of existing residential neighborhoods and require new development to be of a scale and design that is compatible with existing neighborhood character (HG1, FWCP). • High -density housing projects, with the exception of senior housing, will not be permitted in existing single-family residential neighborhoods (HP1, FWCP). • Develop a range of housing opportunities that meet the requirements of people with special housing needs, including the elderly, mentally ill, victims of domestic abuse, and persons with debilitative conditions or injuries (HG5, FWCP). b) It is consistent with all applicable provisions of this Chapter and all other applicable laws. Staff Response: Development of the subject property is required to comply with all applicable provisions of FWRC Title 19, "Zoning"; Title 16, "Surface and Stormwater Management"; Title 14, "Environmental Policy"; and all other applicable codes, policies, and regulations, and previous decisions issued by the Hearing Examiner, and environmental Staff Report to the Federal Way Hearing Examiner Page 14 Village Green of Federal Way, Phases II and III File No. 08-105555-00-UP/Doc. i.n53842. decision by the Director of Community Development Services related to Village Green Phases I, II and 111. The City's Community Development Review Committee (CDRC) has reviewed the proposal and found it to be in compliance with applicable codes, policies, regulations, and previous conditions of approval related to the development. Development of the site in accordance with these requirements and the recommended conditions of approval will ensure compliance with all applicable codes, policies, and regulations. c) It is consistent with the public health, safety, and welfare. Development of the project as proposed and as conditioned, in accordance with all applicable codes, policies, and regulations, and considering the requirements of previous approvals and conditions related to the project, will ensure protection of the public health, safety, and welfare. c) The streets and utilities in the area of the subject property are adequate to serve the anticipated demand for the proposal. Urban services are available to the site, and the site has direct access to 2" Avenue SW and to Ist Avenue South. Internal private streets with associated right-of-way dedication are consistent with the City's required street improvements and approved modifications. The site is also served by public and private transportation services to meet demand. e) The proposed access to the subject property is at the optimal location and configuration. Access to Phases II and III of Village Green is provided from 2" Avenue SW and from I" 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. XV. FINDINGS OF FACT AND CONCLUSION A. Findings of Fact Based on an analysis of the proposal, the environmental record, and related decision criteria, the Department of Community Development finds that: 1) The Process IV application for Village Green Phases II and III requests Hearing Examiner approval for 200 dwelling units for senior citizens, along with recreational facilities and amenities; and completes the 22-acre Village Green senior housing development. 2) Village Green Phase II and Phase III are the final phase of the Village Green senior housing development. Pursuant to a 1997 approval by the Federal Way City Council for Village Green Phase I, along with approvals by the Federal Way Hearing Examiner for Village Green Phase II and III, in 1998 and 2000 respectively, Phase I has been fully constructed as approved. A portion of Phase II has been constructed; resulting in 153 existing dwelling units, with 165 units as yet un-built under existing approvals. In addition, 14 of the 40 Phase III Cottages West units have been constructed with 26 as Staff Report to the Federal Way Hearing Examiner Page 15 Village Green of Federal Way, Phases II and III File No. 08-105555-00-UP/Doc. i.D53842. yet un-built under existing approvals. Lastly, the applicant proposes to increase the Phase II density and construct an additional nine units as provided pursuant to affordable housing regulations. 3) The land use application for Village Green Phase II and Phase III (Cottages West) is vested to the Federal Way City Code (FWCC) that was in effect on December 15, 2008, the date that the land use application was determined to be complete. On May 9, 2010, the City reorganized the Federal Way City Code (FWCC) into the Federal Way Revised Code (FWRC). This project is only subject to those applicable portions of the FWRC that are consistent with the December 15, 2008 FWCC. 4) The site is located within the High Density Residential designation of the FWCP and within both the RS-7.200 and RS9.600 Single Family Residential classifications. The proposed use is consistent with the FWCP and associated applicable policies. FWRC 19.200.100 allows Senior Citizen housing within the RS zone subject to Process IV approval by the Hearing Examiner, following a public hearing. 4) All appropriate public notices were delivered in accordance with the requirements of the FWRC. No comments were received. 5) Pursuant to SEPA, RCW 43.21C, the Director of Community Development Services issued an Environmental Determination of Nonsignificance (DNS) on March 13, 2010. Affected agencies, tribes, and the public were offered the opportunity to comment on or appeal the determination for 28 days. No comments or appeals were submitted by the appeal deadline of April 12, 2010. 6) The subject property includes a sloping forested ravine, a manmade closed depression, and open meadows. During initial development, much of the steep sloped area was re - contoured, flattened, and stabilized based on geotechnical recommendations. 7) Overall site design retains and incorporates much of the existing trees and vegetation as a site amenity. Additional trees and landscaping will be installed to compliment the existing vegetation, and the extensive use of native plant materials will increase wildlife habitat opportunities. 8) The drainage basin for the Phase III (Cottages West) portion of the Village Green site is within a manmade closed depression. A combined storm drainage system created in the manmade depression is shared by Cottages West and other adjacent developments. Storm drainage for the eastern portion of the site is directed into an existing treatment/ detention facility located in the Phase I portion of the site. This system was constructed prior to adoption of the 1998 King County Surface Water Design Manual (KCSWDM). To address water quality standards, water quality treatment is required for the entire Village Green site (excluding the Cottages West portion). In response to the applicant's request of an additional five year construction timeline beyond the five year construction period allowed under Process IV, the Public Works Department recommends that the storm drainage system conform to those drainage system requirements and standards adopted by the City on the date that the first building permit application for the Phase 11 project is determined to be complete. Staff Report to the Federal Way Hearing Examiner Page 16 Village Green of Federal Way, Phases II and III File No. 08-105555-00-UP/Doc. i.n53842. 9) Public access to the site is provided via a northerly extension of 2' Avenue SW, from 356' Street SW, and through the adjacent Village Green project from I" Avenue South on SW 352nd Street. There are existing roadway improvements along street frontages, as well as internal roadways. As modified by the Public Works Director, land for future right-of-way on SW 356th Street and lst Avenue South shall be dedicated to the City prior to issuance of the first building permit for Phase II. 10) The Village Green Phase II and Phase III (Cottages West) senior housing development is subject to traffic concurrency mitigation as determined in the City's February 9, 2010, concurrency report. However, concurrency mitigation conditions are based on the current adopted Six Year TIP, which ranges only to 2015. The City's Traffic Division recommends that conditional approval of a five year construction timeline beyond that available under code and that those portions of Phase II and Phase III development that are not built within five years of Hearing Examiner approval shall be subject to more rigorous traffic and mitigation standards. 11) Due to an existing property line location, prior to issuance of a building permit for Building #F, an approved boundary line adjustment must be submitted for review and approved by the City. Any approved BLA must be recorded at King County at the expense of the applicant prior to the issuance of Certificate of Occupancy for Building #F. 12) All public services and utilities, including police and fire protection, and water and sewer service, are available and are provided to the site. 13) Site design provides good pedestrian access and circulation from adjacent streets and sidewalks and the adjacent existing Village Green phases of development. Good pedestrian circulation is provided to the development via sidewalks along streets and a looped system of pedestrian trails through wooded areas provided as a recreational amenity. 14) The project embodies good design principles that will be compatible with the existing Village Green development and with surrounding existing and developing residential areas. As proposed and as conditioned, the project is consistent with all applicable site design, Community Design Guidelines, and development regulations of the FWCC related to minimum lot size, building setbacks, height, bulk, scale, architecture, landscaping, and pedestrian amenities. 15) The project is consistent with the special requirements applicable to this use in this zoning district, related to age or disability of residents; proximity to services, facilities, and transportation frequently utilized by senior citizens; no unreasonable impact on traffic, public utilities and services, or nearby residential; consistency of the proposed density with the criteria for determining the number of dwelling units that will be permitted; lot coverage; and fagade modulation. 16) The applicant has indicated that the project will provide affordable housing units in the amount of two dwelling units or five percent of the total number of units in conformance with FWRC 19.110.010, and has proposed to increase by nine the overall number of units within the Village Green Phase II portion of the campus based on those Staff Report to the Federal Way Hearing Examiner Page 17 Village Green of Federal Way, Phases II and III File No. 08-105555-00-UP/Doc. LD53842. affordable housing units. Affordable housing units required for Cottages West are provided in Village Green Phase II. A covenant to establish affordable housing units within Village Green Phase II in perpetuity has been recorded at King County. 17) As proposed by the applicant and as recommended by the City, the requested phased construction timeline of ten years (as opposed to the typical five year construction timeline from the date of Hearing Examiner's approval) for both the Village Green Phase II and Phase III (Cottage West) developments, is authorized by FWRC, is consistent with the public interest by improving construction efficiency and response to market conditions, and as recommended by the City, does not conflict with any existing or anticipated applicable code, policy, or regulation. 18) Development of the site, as proposed and conditioned and subject to all applicable development codes and regulations during engineering plans review, will ensure that the public health, safety, and welfare is protected. 19) The proposed development is consistent with Hearing Examiner decisional criteria required under FWRC 19.70.150 and 19.200.100. B. Conclusion The proposed Village Green Phase II and Phase III (Cottages West) development will comply with all applicable goals, policies, and regulations of the FWRC, and with the goals and objectives of the FWCP, provided that all recommended conditions of approval are met. XVI. RECOMMENDATION It is recommended that the application be approved as proposed, subject to the following conditions: If the Village Green Phase II project is not fully constructed or substantially complete within the City code -based five-year timeline granted under Process IV Approval, then the applicant shall design the storm drainage system to conform to those drainage design requirements and standards adopted by the City on the date that the first building permit application(s) for the Phase II project is determined to be complete. This condition applies to any extension beyond the five year timeline granted under Process IV pursuant to Federal Way Revised Code (FWRC) 19.15.110. 2. If any building permits for the Village Green Phase II and Phase III (Cottages West) project have not been issued within the City code -based five-year timeline granted under Process IV Approval, the applicant shall fund preparation of a new concurrency analysis. This analysis must demonstrate that adequate capacity for the un-built portions of the project still exists for the remainder of the project. In the event that there is not adequate capacity, the applicant shall be required to construct whatever mitigation measures are necessary to meet the adopted Level of Service (LOS) at any failing intersection. If any building permits for the Village Green Phase II and Phase III (Cottages West) project have not been issued within the City code -based five-year timeline granted under Process IV Approval, the applicant shall make payment of applicable transportation fees/concurrency Staff Report to the Federal Way Hearing Examiner Page 18 Village Green of Federal Way, Phases II and III File No. 08-105555-00-UP/Doc. i.n53842. fees that are in effect at the subsequent building permit issuance associated with any extension. 4. Prior to issuance of a building permit for Buildings F, G, H, I or J, final grading, site, and landscape plans, and accompanying architectural details as required by the City, are subject to the City's review and approval in order to determine the final location and design details for all site rockeries, retaining walls, fencing, benches, common garden areas, and related accessory pedestrian features. 5. A Boundary Line Adjustment that relocates the property line between parcels 302104-9024 and 302104-9017 shall be submitted by the applicant for review and approval by the City prior to issuance of any construction permits for Building F, and the approved BLA shall be recorded at King County at the expense of the applicant prior to Building F Certificate of Occupancy. 6. Prior to issuance of Certificate of Occupancy of the first building constructed on the Phase II portion of the Village Green Campus, the applicant shall dedicate a four -foot -wide strip of property adjacent to the existing edge of l't Avenue South right-of-way and an 11-foot-wide strip of property adjacent to the existing edge of SW 356t' Street right-of-way, which shall be recorded at King County at the expense of the applicant. 7. Prior to issuance of any building permits for Building F, the approved plans shall demonstrate that the Building F Porte Cochere has an overhead clearance of 13'6" or alternatively there is a 20-foot-wide drive aisle in front of that building. Transmitted to parties listed hereafter: Federal Way Hearing Examiner Heidi Swartz, The Swartz Company, 5724 301 Avenue NE, Seattle, WA 98105 Staff Report to the Federal Way Hearing Examiner Page 19 Village Green of Federal Way, Phases II and III File No. 08-105555-00-UP/Doc. LD53842.