Res 91-085
RESOLUTION NO.
91-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, APPROVING AN
APPLICATION BY EAGLE HARDWARE AND GARDEN FOR A
RETAIL HARDWARE AND NURSERY FACILITY WITHIN A
MANUFACTURING PARK DISTRICT ON A SITE OF OVER
FIVE (5) ACRES, SUBJECT TO CONDITIONS.
WHEREAS,
Applicant
has
submitted
an
application
to
construct
a
134,217
square
foot
retail
building
within
a
Manufacturing Park (MP) District; and
WHEREAS, the Applicant intends to conduct bulk retail
sales of hardware and wholesale and retail sales of nursery stock
at the site; and
WHEREAS, section 65.30 of the Federal Way Zoning Code
requires that if the subject property for this use is larger than
five (5) acres, the proposed development must be approved through
Process III; and
WHEREAS,
Applicant
timely and properly
applied
for
Process III review for the proposal; and
WHEREAS, the SEPA Determination of Non-significance was
issued for this proposal on August 28, 1991, which determination
was not appealed; and
WHEREAS, section 155.75.4 of the Federal Way Zoning Code
contains
criteria
for
the
consideration
of
the
Process
III
application; and
WHEREAS,
all
public
notice
having
duly
been
given
pursuant to Federal Way zoning Code 155.25; and
COpy
WHEREAS, this matter was considered by the Federal Way
Land Use Hearing Examiner at a Public Hearing on October 22, 1991,
for the purpose of issuing a recommendation on the matter, based
upon the Zoning Code criteria; and
WHEREAS, following the public hearing, the Federal Way
Land
Use
Hearing
Examiner
issued
his
recommendation
for
the
proposed application; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
section 1.
The Findings of Fact of the Federal Way Land
Use Hearing Examiner contained in the report dated November 4,
1991, attached hereto as Exhibit A, pertaining to the referenced
application are adopted by reference in totality by the Federal Way
city council.
Section 2.
Pursuant to Federal Way zoning Code 155.75.4
and based upon the above findings, the Federal Way city Council
makes the following conclusions of law:
A.
The
application
is
consistent
with
the
Comprehensive Plan.
The site is designated as an IP, Industrial/Office
Park classification by the Comprehensive Plan map.
The proposed use and development has been reviewed
for conformance with all land use, circulation and
natural
environment
policy
elements
of
the
Comprehensive Plan.
The site is located within a Manufacturing Park
(MP) District which is an allowed zone in the IP
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land
classification.
There
no
known
use
are
sensitive areas on or in the vicinity of this site.
The project proposes and will be conditioned to
provide transportation improvements in accordance
with policy direction of the Comprehensive Plan.
As designed, the proposed development is consistent
with the Comprehensive Plan.
B.
The
pro;ect
all
applicable
is
consistent
with
provisions of the Federal Wav Zoninq Code includinq
those adopted by reference from the Comprehensive
Plan.
Development of the site is required to comply with
the provisions of the Zoning Code and all other
applicable development codes and regulations.
The
city's Community Development Review Committee has
reviewed this request in relation to all applicable
development
and
regulations.
plan
site
codes
review has further ensured that certain features of
the
application
modified
in
be
order
to
were
consistent with code requirements and site plan
design practices.
site plan modifications will be
further addressed at the time of issuance of the
building permit during final site plan review to
ensure
compliance.
Additionally,
certain
administrative
determinations
have
been
incorporated into the proposed project as part of
the
discussion
of
the
overall
proposal.
A
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specifics of the administrative determinations are
contained in the staff report for this application
dated October 14,
1991.
Finally, the additional
conditions
imposed
as
a
condition
of
the
Process III approval for this project will further
guarantee that this project is consistent with all
applicable provisions of the Federal Way zoning
Code.
C.
The
application
is
consistent with the public.
health. safetv and welfare.
The proposed development is consistent with the
city
of
Federal
Way
Comprehensive
Plan.
If
approved,
the
project
will
be
required
to
be
designed and constructed in accordance with all
zoning code, and other applicable development codes
and regulations as noted above in section 2B.
Existing streets and utilities within this area are
adequate
to
serve
the
proposed
development.
Approval of this request would permit development
of
the
site
consistent
with
the
current
Industrial/Office Park land use classification of
the city's Comprehensive Plan.
Development of the
site
in
accordance
with
applicable
development
codes and regulations will ensure that the interest
of
the public's
health,
safety
and
welfare
is
protected.
section 3.
Based upon the foregoing Findings of Fact and
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Conclusions of Law, and upon the Recommendation of the Federal Way
Land Use Hearing Examiner, the city Council of the City of Federal
way, Washington, approves the application for a retail hardware and
nursery facility in an MP zone on a site of over five acres subject
to the following conditions:
1.
Prior to issuance of construction permits, the site
plan shall be modified to relocate the proposed
westerly driveway along South 352nd street east as
required by
the
Public
Works
Director,
and
to
provide additional screening type landscaping along
South 352nd Street to buffer the truck delivery
area from South 352nd Street as required by the
Director of Community Development.
2.
Prior
to
issuance
of
construction
permits,
a
minimum
30
foot vehicular
access
dedication
or
easement shall be provided at two points along the
south property line for future inter-site access
with the
adjoining parcel
to the
south of the
subject property.
3.
Prior
to
occupancy,
grade
level
parking
lot
sidewalks shall be textured differently from the
parking lot surface to signify a pedestrian walkway
as
required
by
the
Director
of
Community
Development.
4.
storage of shopping carts for use within the store
shall
not
be
permitted
outside
the
proposed
building.
Prior
to
issuance
of
construction
-5-
permits, appropriate facilities shall be designed
within the
parking
lot
outside
of
parking
lot
stalls and required landscaping to collect shopping
carts.
These facilities shall be constructed prior
to occupancy.
5.
All
mitigation
measures
of
the
MDNS
issued
August 28, 1991, are incorporated by reference as
conditions of this approval.
Failure to comply
with the mitigation measures shall be grounds for
suspension and/or revocation of this approval.
6.
Prior to occupancy, the developer shall construct a
full
industrial/commercial
street
section
along
South 352nd Street from the intersection of 16th
Avenue South approximately 200 feet west of the
easterly property line as required by the Public
Works Director.
The proposed northerly driveway
along
16th Avenue
South
shall
be
relocated
to
provide site access
from South 352nd Street as
required by the Public Works Director.
If in the
opinion of the Public Works Director inadequate
right-of-way
or
physical
constraints
preclude
construction of an acceptable roadway section, the
Public Works Director may establish other interim
access requirements until such time as South 352nd
Street
can
be
contructed
to
a
full
industrial/commercial street standard.
section 4.
Ratification.
Any act consistent with the
-6-
authority and prior to the effective date of the resolution is
hereby ratified and affirmed.
section 5.
The conditions of approval of the Process III
application for this project are all integral to each other with
respect
to the
city
Council
finding that
the
application
is
consistent with the public health, safety, and welfare.
Should any
court having jurisdiction over the subject matter declare any of
the
conditions
invalid,
then
in
said
event,
the
proposed
application to which approval was granted in this resolution shall
be deemed void and the application shall be remanded to the Land
Use Hearing Examiner pursuant to Federal Way zoning Code 155.75.3b
to consider the effect of the invalidation of any condition or
conditions and conduct such additional proceedings as are necessary
to
ensure
that
the
proposed
application
makes
appropriate
provisions for public health, safety and welfare and other factors
as required by Federal Way Zoning Code section 65.30 and Chapter
155 and such other applicable city ordinances and forward such
recommendation to the city council for further action.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this ~ day of
November
, 1991.
CITY OF FEDERAL WAY
%¡hOJrJø
MAYOR, DEBRA ERTEL
-7-
CMC
FILED WITH THE CITY CLERK: November 13, 1991
PASSED BY THE CITY COUNCIL: November 19, 1991
RESOLUTION NO. 91-85
LA\EF\RES\91-0306.EAG
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