Res 93-128
RESOLUTION NO.
93-128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE APPLICATION FOR CAMPUS PARK/
FEDERAL WAY JUNIOR HIGH NO.6 WHICH INCLUDES
APPROVAL OF RELOCATION OF EXISTING REGULATED
WETLAND, THE ESTABLISHMENT OF A WETLAND RATIO
REPLACEMENT AT 1.25: 1, A REDUCTION IN THE
WETLAND SETBACK AREA, AND LOCATION OF PROPOSED
IMPROVEMENTS WITHIN SAID WETLAND SETBACK AREA;
MODIFICATION OF THE REQUIREMENTS FOR THE
INTERIOR PARKING LOT LANDSCAPING; APPROVAL OF
A REQUESTED AMENDMENT TO CONCOMITANT AGREEMENT
RELATING TO THAT CERTAIN PARCEL OF PROPERTY
COMMONLY KNOWN AS CAMPUS CREST PROPERTY
(PARCEL 5) BY DELETING PARCEL A OF PARCEL 5
FROM THE CONCOMITANT AGREEMENT, WITH THE
EFFECT THAT THE ZONE CLASSIFICATION OF PARCEL
5A WOULD RETURN TO RM2400 WITH NO MODIFICATION
TO DEVELOPMENT CONDITIONS; AND DENIAL OF
REQUEST FOR MODIFICATION TO THE REPLACEMENT
TREES REQUIREMENT OF FEDERAL WAY ZONING CODE
90.15. (FEDERAL WAY FILE NO. 92-0001UPR,
FEDERAL WAY HEARING EXAMINER #92-13).
WHEREAS, the Applicants, the city of Federal Way and the
Federal Way School District, have possessory ownership interest in
the two individual parcels of property totaling approximately 35.78
acres located south and east of the intersection of Southwest 336th
street and loth Avenue Southwest; and
WHEREAS, the Applicants are proposing to jointly improve
the site with a junior high school and a city park, with proposed
improvements on the site including a 95,640 square foot junior high
school building, concession building, a track and field complex, a
sand volleyball court, four tennis courts, two parking areas, a
baseball and softball field, basketball courts and picnic areas,
and a trail to provide access between all amenities and adjacent
public streets; the site to be accessed from 19th Avenue Southwest
COpy
and from an extension of Southwest 340th street from the south
("Application"); and
WHEREAS, the site is presently zoned RS7200 and RM2400
and
a
portion
of
the
site
is
also covered
by a
Concomitant
Agreement relating to the parcel commonly known as Campus Crest
property ("Concomitant Agreement"); and
WHEREAS, under RS7200 and RM2400 zoning classifications,
a school facility and public park are principally permitted uses
subject to Process I and Process III review and approval; and
WHEREAS,
the
application
includes
a
request
for
modifications to the requirement of the Federal Way Code including
modifications into encroachment of a geographically hazardous area
(FWZC §80.65); the relocation of the existing regulated wetland
(FWZC §80.155.4); establishment of a wetland replacement ratio at
1.25:1 as opposed to 1.5:1 (FWZC §80.155.4.1.c.l); reduction of the
wetland setback and location of improvements within said setback
(FWZC §80.160.4); reduction of the size requirement for replacement
trees (FWZC §90.15.3); modifications of the requirement of interior
parking lot landscaping (FWZC §105.115.3); and
WHEREAS, the Applicants are further requesting to amend
that certain Concomitant Agreement affecting a portion of the site
to remove the affected parcel from the Concomitant Agreement and
return it to its original zone classification of RM2400.
The
request for an amendment to the Concomitant Agreement is in the
nature of a zone reclassification (Process III); prior to obtaining
a quasi-judicial project rezone, the Applicants must establish the
-2-
criteria
contained
in
Federal
Way
Zoning
Code
§§130.60
and
155.75.4; and
WHEREAS,
since the school facility development which
requires approval through Process I is joined with the proposal
that requires approval through Process III, the entire proposal has
been considered under Process III, Federal Way Zoning Code 155; and
WHEREAS, pursuant to Process III, Federal Way Zoning Code
§155,
the Federal Way Land Use Hearing Examiner held a public
hearing on the application on December 8, 1992; and
WHEREAS, at the conclusion of said hearing, the Federal
Way
Land
Use
Examiner
issued
its
Findings,
Conclusions
and
Recommendation with Conditions on December 23, 1992; and
WHEREAS, the City Council of the city of Federal Way is
the governmental body having jurisdiction and authority to pass
upon the approval, denial and modification of the application,
pursuant to the Federal Way Code; and
WHEREAS, the City Council having considered the written
record and the Recommendation of the Hearing Examiner, pursuant to
Federal Way Zoning Code 155, on this date; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
section 1.
The Findings, Conclusion and Recommendation
of the Federal Way Land Use Hearing Examiner issued on December 23,
1992, following a hearing held on December 8, 1992, which included
a recommendation to approve the requested application for Campus
Park/Federal Way Junior High No.6, Federal Way File #92-0001UPR,
-3-
which
included
a
recommendation
to
approve
the
requested
modifications
for encroachment
into a geographically hazardous
area, relocation of existing regulated wetland, establishment of a
wetland replacement ratio at 1.25:1, reduction in wetland setback
area and
location of proposed improvements within a regulated
wetland setback area, modification of requirements for" interior
parking lot landscaping,
amendment of Concomitant Agreement to
remove Parcel 5-A of the Campus Crest property from said agreement
and return it to its original zone classification of RM2400 and
denial of request to reduce size requirement for replacement trees,
all
subject to certain conditions,
are hereby adopted as the
Findings, Conclusion and Decision of the Federal Way City Council.
section 2.
Based upon the Findings,
Conclusions and
Recommendation of the Federal Way Land Use Hearing Examiner, as
adopted by the City Council set forth hereinabove, the application
for Campus Park/Federal Way Junior High No.6, Federal Way File
#92-0001UPR,
Federal Way Hearing Examiner
#9292-13,
is hereby
approved subject to the conditions contained in the Recommendation
of the Federal Way Land Use Hearing Examiner Report for this matter
dated
December
23,1992,
attached
hereto
as
Exhibit
A
and
incorporated by reference.
Section 3.
The conditions of approval of the Campus
Park/Federal Way Junior High No.6 application are all integral to
each other with respect to the City Council Finding that the public
use and interest will be served by the approval of the application
and modifications contained therein.
Should any court having
-4-
jurisdiction of the subject matter declare any of the conditions
invalid
then,
in
said
event,
the
approved
application
and
modifications granted in this resolution shall be deemed void, and
the Campus Park/Federal Way Junior No.
6 application shall be
remanded to the Hearing Examiner for the City of Federal Way to
review
the
impacts
of
the
invalidation
of
any
condition
or
conditions and conduct such additional proceedings as are necessary
to assure that the amended plat makes appropriate provisions for
the public health, safety and general welfare and applicable County
and/or City ordinances,
rules and regulations and forward such
recommendation to the City Council for further action.
section 4.
Severabilitv.
If any section,
sentence,
clause or phrase of this resolution should be held to be invalid or
unconstitutional
by
a
court
of
competent
jurisdiction,
such
invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase
of this resolution.
section 5.
Effective Date.
This resolution shall be
effective immediately upon passage by the Federal Way city Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this ~ day of
January
, 1993
~WA'
(~
MAYOR, ROBERT STEAD
-5-
ATTEST:
. SWANEY, CMC
APPROVED AS TO FORM:
~~E
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 93-128
January 13, 1993
January 19, 1993
la\kathleer\reso\camdrprk.jh6
-6-
EXHIBIT A
BEFORE THE HEARING EXAMINER OF THE CITY OF FEDERAL WAY
IN THE MATIER OF THE APPLICATION
of the City of Federal Way and
the Federal Way School District
FILE #92-0001UPR
FWHE #92-13
For Process ill Approval to Develop
Campus Drive Park/Federal Way Junior High #6
RECOMMENDATION
1. SUMMARY OF APPLICATION
The applicants are requesting Process ill approval to construct/develop a park and junior high
school facility at a location south of Southwest Campus Drive, east of 19th Avenue S.W., west
of 10th Avenue Southwest (if extended), and north of Southwest 34Oth Street (if extended).
TI. PROCEDURAL INFORMATION
Hearing Date: December 8, 1992
Decision Date: December 23, 1992
At the hearing the following presented testimony and evidence:
1.
Stephen Clifton, Senior Planner, City of Federal Way
33530 - 1st Way South, Federal Way, WA 98003
2.
Cynthia Black, Erickson & McGovern Architects
120 South 131 Street, Tacoma, WA 98444
3.
Jane Newbold, Bruce Dees & Assoc.
222 East 26th Street, Suite 202, Tacoma, WA 98421
4.
Richard Pitt, Polygon 2000
4030 Lake Washington Blvd. N.E., Suite 201, Kirkland, WA 98033
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1.
Staff Report with Exhibits A. through AD
A. 11" x 17" reduced site plan.
B. Vicinity Map.
C. Concomitant Agreement relating to that certain parcel of property
commonly known as Campus Crest Property (parcel 5).
Depiction of Campus Crest Property (parcel 5).
Correspondence from Seattle-King County Department of Public Health,
dated 10/22/1992.
Correspondence from the City of Auburn, dated 10/21/1992.
Correspondence from the Federal Way Sehool District, dated 10/27/1992.
D.
E.
F.
G.
CAMPUS DRIVE PARK/JUNIOR IDGH #6
FILE #92-0001UPR; FWHE #92-13
PAGE 2
Correspondence from METRO, dated 10/22/1992.
Correspondence from the Washington State Department of Transportation,
dated 10/27/1992.
Correspondence from the Washington State Department of Transportation,
dated 11106/1992.
Correspondence from the City of Milton Public Works Department, dated
11104/1992.
Response from the Federal Way Water and Sewer District, dated
8/13/1992.
Response from the King County Fire District #39, dated 8/13/1992.
Response from the Federal Way Building Department, dated 8/10/1992.
Excerpts from the King County Soil Conservation Service Soil Survey,
issued November 1973.
"Subsurface Exploration and Geotechnical Engineering Report" prepared
by RZA, AGRA, Inc. dated June, 1992 (in file).
Wetland analysis prepared by Pac-Tech Engineering, Inc, dated March,
1992 (in file).
Revised Wetland Analysis prepared by B-twelve Associates, Inc., dated
June 1, 1992 (in file).
Conceptual Wetlands Mitigation Plan prepared by Pac-Tech Engineering,
Inc, dated October, 1992 (in file).
Final Wetland Mitigation Plan prepared by Pac Tech, dated October 1992
(in File).
Letter from Mike Witter, Wetlands Specialists, W & H Pacific, dated
August 14, 1992.
Tree Survey Report prepared by Pac-Tech Engineering, Inc., dated June
1992, and revised in August of 1992.
W. illustration of surrounding land uses.
X. Transportation Analysis, prepared by TRANSPO, dated September 24,
1992 (in me).
Level One Downstream Analysis prepared by Pac-Tech Engineering, Inc.,
dated May 15, 1992, and revised August 11, 1992 (in me).
Level 2, Hydraulic Analysis, prepared by Brown and Caldwell, dated
November 1992 (in file).
AA. Proposed boundary line adjustment.
AB. Geological hazardous areas analysis and proposed encroachment into
geologically hazardous areas.
AC. Letter from Mike Witter, Wetlands Specialists, W & H Pacific, dated
August 12, 1992.
AD. Letter from Mike Witter, Wetlands Specialists, W & H Pacific, dated
November 19, 1992.
Letter to Hearing Examiner from Mr. David Kaplan, dated November 23, 1992.
H.
1.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
u.
v.
Y.
z.
2.
CAMPUS DRIVE PARK/JUNIOR ffiGH #6
FILE #92-0001UPR; FWHE #92-13
PAGE 3
ill. FINDINGS
1.
The applicants, the City of Federal Way and the Federal Way School District, have a
possessory ownership interest in two individual parcels of property totalling
approximately 35.78 acres located south and east of the intersection of Southwest 336th
Street and 10th Avenue Southwest. The western approximately 20 acres are owned by
the School District and the eastern 16 acres are owned by the City. The School District
will acquire an additional 2.5 acres of land to the south for future construction of
Southwest 340th Street.
2.
The applicants are proposing to jointly improve the site with a junior high school and a
City park. Proposed improvements on the site include a 95,640 square foot junior high
school building, concession building, a track and field complex, a sand volleyball court,
four tennis courts, two parking areas, a baseball and softball field, basketball courts and
picnic areas. In addition, a trail will provide access between all amenities and adjacent
public streets. The main access to the site will be provided from 19th Avenue
Southwest, and from an extension of Southwest 340th Street from the south.
3.
The site is located in an urbanizing neighborhood. Even though the site itself is
undeveloped, urban utilities and services are readily available to serve the site. To the
north across Southwest 336th Street is a multi-family residential development, while to
the west is a Fred Meyer retail complex and a United States Post Office. Properties to
the south and east are undeveloped.
4.
The site is presently zoned RSnOO and RM2400, and a portion of the site is also
covered by a concomitant agreement relating to a parcel commonly known as Campus
Crest Property. Under the RSnoo and RM2400 zoning classifications, a school facility
and public park are principally permitted uses subject to Process I and Process ill review
and approval. The applicants are requesting to amend the concomitant agreement to
remove the affected parcel from the concomitant agreement and return it to its original
zone ofRM24oo. Since the school facility development which requires approval through
Process I is joined with a proposal that requires approval through Process ill, the entire
proposal will be considered under Process ill.
5.
The site generally slopes downward from the southeast to the west, north, and northeast.
The topography varies between 382 feet along the southeast corner of the site to 296 feet
at the northeast corner. Slopes vary from 2 % to more than 40%, with a majority of the
site averaging 10%. Slopes of 40% or more are considered geologically hazardous and
are subject to Chapter 80 of the Federal Way Zoning Code (FWZC).
6.
The only soil type found on site is AgC. These soils reflect slow to medium water run-
off and a moderate erosion hazard. Potential erosion hazards could occur if mitigation
CAMPUS DRIVE PARK/JUNIOR ffiGH #6
Fll..E #92-0001UPRj F\VHE #92-13
PAGE 4
10.
11.
measures were not imposed. The applicants are therefore required to perform clearing
and construction activities in accordance with a Temporary Erosion/Sedimentation
Control (TESC) plan, which must be approved by the City. Said plan will ensure that
the applicants employ construction methods which will control erosion to include siltation
fencing, sediment traps, interceptor ditches with check dams, and similar measures.
7.
The site drains from the southeast towards the west, north, and northeast. One wetland,
approximately 4,160 feet in area, exists within an abandoned gravel-mined area.
8.
The site is moderately to heavily wooded with second and third growth mixture of
coniferous trees and Douglas Fir. Second story vegetation and ground cover include
salal, sword fern, berry vines and grasses. According to a tree survey report dated June
1992, and revised in August 1992, performed by Pac-Tech Engineering Inc., there are
3,630 significant trees on the 38.28 acre site. FWZC Section 90.15.3 requires that 25%
of all existing significant trees be retained or replaced on site, and thus the applicants
must retain or replace a total of 908 significant trees. The proposed project as designed
will retain approximately 587 significant trees. Therefore, the applicants must replace
321 trees.
9.
The site contains no endangered or threatened species, but does provide habitat for small
mammalsLrodents and reptiles, as well as songbirds and insects. These animals, within
their habitat, will likely be eliminated by the proposal. The introduction of human
activities, including pets, will threatening the viability of remaining habitat.
The applicants commissioned the Transpo Group, Inc., to prepare a traffic impact
analysis for the project. It is anticipated that the entire project will generate 1,400 daily
trips, including 115 p.m. peak hour trips. The somewhat smaller p.m. peak hour is due
to the school, which has a peak hour between 2:30 and 3:30 p.m. Access to the site is
proposed from Southwest 340th Street, which will be constructed by the School District
and the existing 19th Avenue Southwest via Southwest Campus Drive. Pedestrians may
enter the park from the northwest and south. Emergency vehicle access to the interior
of the site is provided by roads circling the school building. In addition to the
development of the roadway serving the proposed project, the applicants are required by
the conditions contained in the MDNS to contribute their pro-rata share contributions to
five transportation projects, all of which are identified in the City's Transportation
Improvement Program. The proposed road construction and pro-rata share contributions
will ensure that the arterial roads in the area are adequate to serve the traffic generated
by the park and school.
The site will be served by sanitary sewers, fire flow and potable water by the Federal
Way Water and Sewer District. The applicants will be entering a developer extension
agreement and constructing sewers on site. Drainage to the site will be directed to
13.
14.
CAMPUS DRIVE PARK/JUNIOR ffiGH #6
FILE #92-0001UPR; F\VHE #92-13
PAGE 5
Panther Lake, which is located approximately 1/2 mile downstream from the site. This
lake currently operates as a regional storage facility and runoff from the site is currently
a tributary to the lake. Panther Lake is designed to accommodate all flows from
upstream development, assuming full development under present zoning. Runoff from
paved areas will contribute some pollutants to ground and surface waters. Grass-lined
swales and wet ponds will assist in pollutant removal. The applicants must design and
construct the on site storrnwater system in accordance with the requirements of the 1990
King County Surface Water Design Manual. Said manual includes biofiltration and
oillwater separation. A storrnwater system design in accordance with applicable
ordinances will ensure that drainage from the site will not adversely impact downstream
properties, and will not contribute to the pollution of Panther Lake.
12.
If the applicants are to develop the site as proposed they must obtain modifications to the
requirements of the Federal Way Zoning Code. These modifications include
encroachment into a geologically hazardous area; the relocation of the existing regulated
wetland; the establishment of the wetland replacement ratio at 1.25 to 1 as opposed 1.5
to 1; reduction of the wetland setback and the location of improvements within said
setbacks; reduction of the size requirement for replacement trees; and modifications of
the requirements of interior parking lot landscaping.
Section 80.65 FWZC prohibits development activities within 25 feet of a geologically
hazardous area unless no reasonable alternative exists, and then only if the development
activity will not create increased slide, seismic or erosion hazards. The applicants are
proposing to locate portions of the proposed trail along the north and northeast property
lines which encroach into geologically hazardous areas (the 40% slopes). A review of
the site plan reveals that if the applicants are to have a trail connecting the various
recreational opportunities within the park and to provide a walking area among trees and
other vegetation, the trail must be located within 25 feet of the 40% slopes. Section
80.65.2 FWZC allows the City to approve development activity within a geologically
hazardous area upon the submission of certain reports. Section 80.65.3 FWZC then
allows the City to approve development subject to some or all of five conditions. In the
present case the City required the applicants to submit a "Sub-Surface Exploration and
Gee-Technical Engineering Report." The City reviewed this report and the Director of
Public Works properly granted administrative approval to encroach within the
geologically hazardous slopes and associated setbacks.
If the applicants are to develop the baseball and softball fields it is necessary to fill and
relocate the existing regulated wetland. The wetland is proposed for relocation between
the school parking lot and the softball field. The proposed wetland is triangular in shape
and protected by a biofiltration swale. FWZC 80.155.4 allows improvements within a
regulated wetland if nine criteria are met. Findings on each criteria are hereby made as
follows:
CAMPUS DRIVE PARK/JUNIOR ffiGH #6
FILE #92-0001UPR; FWHE #92-13
PAGE 6
F.
G.
H.
I.
15.
A.
The relocation of the wetland will not adversely affect water quality. The goal
of the replacement wetland is to provide a self-sustaining wetland environment
comparable in function to the filled wetlands. As previously indicated,
biofiltration swales will protect water quality.
B.
The habitat value surrounding the existing wetland is low due to the amount of
disturbance which has occurred over time and therefore the relocation will not
destroy or damage a significant habitat area.
C.
Relocation of the wetland will not adversely affect drainage or stormwater
retention capabilities. The replacement wetland will meet or exceed the existing
wetland functions of providing for water quality and drainage needs.
D.
Relocation will not lead to unstable earth conditions nor create erosion hazards.
E.
Relocation will not be materially detrimental to any other property in the area,
nor to the City as a whole, including the loss of significant open space or scenic
vistas. The wetland setback area will not extend beyond property boundaries and
a larger wetland will be created than the one filled.
There will be no net loss of wetland area function or value. The 4,160 square
foot wetland will be replaced by a 5,280 square foot wetland, which equals a 1.27
to 1 replacement ratio. The existing wetland is isolated, was created by former
mining operations, has low habitat value, and is not associated with other
significant wetlands.
The filling of the wetland is in the best interest of the public health, safety, and
welfare. The proposed school and park are essential public facilities. Efforts of
the City's Parks & Recreation Commission were directed toward urging mutual
cooperation between the City and the School District to jointly develop park and
recreation properties in conjunction with school facilities.
The applicants have sufficient scientific expertise and supervisory capability to
complete the project in a responsible manner.
Both applicants are committed to monitoring the project and making corrections
if the project fails to meet its goals.
The applicants have established that the proposed relocation of the regulated wetland
meets the criteria of Section 80.155.4 FWZC.
CAMPUS DRIVE PARK/JUNIOR IDGH #6
FILE #92-0001UPR; FWHE #92-13
PAGE 7
16.
17.
The existing wetland is classified as a scrub/shrub wetland and requires a replacement
ratio of 1.5 to 1. However, as previously found, wetland studies have shown that this
wetland has a low functional value, and the City's wetland consultant is recommending
a replacement ratio of 1.25 to 1. Section 80.155o4.1.c.1 FWZC allows wetland
replacement ratios to be decreased if 4 criteria are met. Findings on each criteria are
hereby made as follows:
A. It is the opinion of the City's wetland consultant that the final wetland mitigation
plan will ensure the probable success of the proposed mitigation. Monitoring will
be conducted to ensure the success of the wetland placement. Public access will
be controlled and signs placed describing and illustrating the value of the
wetlands, and both applicants are committed to replacement of plants that die.
B.
c.
D.
As previously indicated there is no loss in function or value as the existing
wetland is isolated, was created by former mining operations, has a 10w habitat
value, and is not associated with other wetlands.
There will be no net 10ss of wetland function, and the new wetland will be part
of a stormwater wet pond facility which will either meet or exceed the existing
wetland functions of providing water quality. The minimum acreage replacement
ratio is actually more than 1.25 to 1 by approximately 80 square feet. This
equates to a replacement ratio of 1.27 to 1.
The applicants have established the criteria contained in FWZC 80.155o4.1.c.l
such that the wetland replacement ratio may be decreased to 1.25 to 1.
Unless a modification is granted, the newly created wetland will require a 100 foot
setback buffer. Such buffer will materially affect the parking lot and the softball field.
Section 80.160 FWZC grants the Plan!1ÌJ1g Official the authority to allow the placement
of essential public facilities within a setback area if the criteria contained in FWZC 16004
are satisfied. Findings required by each criteria are hereby made as follows:
A.
B.
Reduction of the setback will not adversely affect water quality. The wet pond
and biofiltration swale will mitigate the impacts to water quality. The area will
also be fenced to reduce human intrusion.
Reduction of the setback will not destroy or damage a significant habitat area.
The proposed buffer will be planted with the shrubs and trees that will provide
cover, food, and nesting sites for many bird species. The enhanced buffer will
provide an increased habitat value over what exists presently.
CAMPUS DRIVE PARK/JUNIOR IDGH #6
FILE #92-0001UPRj FWHE #92-13
PAGE 8
C.
D.
E.
F.
18.
Reduction will not adversely affect drainage or stormwater retention capabilities.
Even with the reduction the function of the proposed relocated wetland will meet
or exceed the function and value of the existing wetland.
Reduction will not lead to unstable earth conditions nor create erosion hazards.
Reduction will not be materially detrimental to any other property in the area, nor
to the City. The wetland setback area will be at the west property line, and the
site will be developed as a school and park. No potential scenic vista exists.
Reduction is essential for reasonable development of the property.
The applicants have satisfied the criteria contained in Section 160.4 FWZC, such that a
reduction in the wetland setback area should be granted.
19.
Chapter 105.70 FWZC requires that parking spaces be arranged so that no more than
eight contiguous spaces are placed in each row of spaces. The applicants are requesting
a modification to locate landscaped areas between parking rows parallel to drive aisles.
Section 105.115.3 FWZC authorizes the City to grant a modification provided the criteria
contained therein are satisfied. Findings required by each criteria are hereby made as
follows:
A.
B.
C.
20.
The modification will not create any vehicular or pedestrian safety problems.
The modification will not affect the ability to provide any property with police,
fire, emergency medical, and other essential services.
The modification will produce a site design superior to that which would result
from adherence to the adopted standard. If the applicants provided the required
parking lot islands, approximately 5,625 square feet of interior parking lot
landscaping would be required. The proposed design provides for 26,265 square
feet of interior parking lot landscaping. Such amount is approximately 4.5 times
the square footage required by FWZC Section 105.70. This will create a more
"park-like" atmosphere and be much more aesthetically pleasing.
The applicants have established the criteria contained in FWZC Section 105.115.3, such
that the interior parking lot landscaping may be modified as set forth on the site plan.
CAMPUS DRIVE PARK/JUNIOR mGH #6
Fll..E #92-0001UPR; FWHE #92-13
PAGE 9
21.
B.
C.
D.
E.
F.
22.
The City is requesting an amendment to the concomitant agreement to remove ParcelS
of the Campus Crest property from said agreement, and return it to its original zoning
of RM24oo. A request for an amendment to a concomitant agreement is in the nature
of a zone reclassification. Prior to obtaini11g a quasi-judicial project rezone the applicant
must establish the criteria contained in FWZC Sections 130.60 and 155.75.4. Findings
required by FWZC Section 130.60 are hereby made as follows:
A.
The proposed rezone is in the best interests of the residents of the City.
The proposed school and park are essential public facilities and will provide
recreational opportunities for all City residents, and an educational facility to
educate up to 500 school children.
The proposed rezone is appropriate because conditions in the immediate vicinity
of the property have significantly changed since the execution of the concomitant
agreement, and under those changed conditions, a rezone is within the public
interests. Sixteen acres of the Polygon property have been purchased by the City
which allows it to join with the Federal Way School District and develop
contiguous parcels of land. Continuation of the concomitant agreement will
constitute an unnecessary hardship and prohibit the development as proposed.
Prohibition of the development would be detrimental to the public health, safety,
and welfare by preventing a much needed school and recreational park.
The proposed project complies with the Federal Way Zoning Code in all respects.
The City's Community Development review committee has determined that the
zone reclassification will comply with all applicable codes and regulations, subject
to modifications.
The park and school site are designed to minimize all adverse impacts on
developed properties in the immediate vicinity. Such was accomplished through
the issuance of the MDNS with its attached conditions, as well as buffering and
screeni11g along the perimeter of the site.
The site plan is designed to minimize impacts upon public services and utilities.
The site will actually reduce the impact to public services by adding the 500
student school, as well as recreational facilities.
As previously indicated, the applicant must replace 321 significant trees pursuant to
FWZC 90.15.3. The applicants have requested a modification to the size requirement
for the replacement trees. However, a review of Chapter 90 reveals no provision for
administrative or other process for modification to allow a reduction in the required
replacement tree size. Therefore, no such modification may be granted. However,
CAMPUS DRIVE PARK/JUNIOR ffiGH #6
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PAGE 10
23.
Chapter 90 does not provide a definite time that said trees must be planted. It would
seem reasonable to allow the applicants to defer satisfaction of this requirement until such
time as the park and school are ready to open. Thus, replacement trees may be planted
now which will attain the required height or diameter by the time the facilities are
anticipated to open to the public.
A Process ill approval requires that the Examiner consider the criteria contained in
FWZC Section 155.75.4 prior to recommending approval. Findings on each criteria are
hereby made as follows:
A.
B.
C.
1.
The proposed project is consistent with the City of Federal Way Comprehensive
Plan. The plan designates the site as Suburban Residential, which is intended to
provide stable and attractive neighborhood environments close to schools and
other community facilities, and may include compatible land uses. A public
school and park are definitely compatible land uses. Construction of the facilities
will recognize the goals of the plan by allowing more residents to live in closer
proximity to schools and parks. The comprehensive plan designation of high-
density residential also encourages parks and schools as a transition from the
more intense uses to lesser intense uses.
The proposal is consistent with all applicable provisions of the code, including
those adopted by reference from the comprehensive plan. As previously
indicated, the City's Community Development Review Committee has reviewed
the project and found it to comply with all applicable codes and regulations.
The proposal is consistent with the public health, safety, and welfare for the
reasons set forth above.
IV. CONCLUSIONS
The proposed Campus Park/Federal Way Jr. High #6 is consistent with the City of
Federal Way Comprehensive Plan, the Federal Way Environmental Policy Code, the
Methods to Mitigate Development Impacts Code, the Federal Way Zoning Code, and all
other applicable development codes and regulations, and should be approved subject to
the conditions contained in the Mitigated Determination of Non-Significance.
V. RECOMMENDATION
It is hereby recommended to the City Council of the City of Federal Way that the Campus
Park/Federal Way Jr. #6 be approved. It is further recommended that the following
modifications to the Federal Way Zoning Code be granted:
CAMPUS DRIVE PARK/JUNIOR IDGH #6
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PAGE 11
A.
The relocation of the existing regulated wetland as depicted.
B.
The establishment of the wetland ratio replacement at 1.25 to 1.
C.
A reduction of the wetland setback area and the location of proposed
improvements within said wetland setback area.
D.
The modification of the requirements of the interior parking lot landscaping.
It is further recommended that the City Council amend the concomitant agreement relating to
that certain parcel of property commonly known as Campus Crest Property (parcelS) by
deleting Parcel A of ParcelS from the agreement. The effect would be a return of said parcel
to the zone classification of RM24oo with no modification to development conditions.
It is recommended that the City Council deny the request to reduce the size requirement for
replacement trees as there is no provision for said modification contained in Section 90.15
FWZC. However, it is recommended that the applicants be allowed to plant replacement trees
now which will attain the height or diameter requirement required by Section 90.15 FWZC
effective the date the project opens to the general public.
DATED THIS 23RD DAY OF DECEMBER, 1992.
Æti:c.~gt-
VI. RIGHTS TO RECONSIDERATION AND CHALLENGE
Any person who has a right to appeal a recommendation under the Federal Way Zoning Code
may request the Hearing Examiner to reconsider any aspect of his or her recommendation by
delivering a written request for reconsideration to the Planning Department within seven (7)
calendar days after the date of issuance of the Hearing Examiner's recommendation. The person
requesting the reconsideration shall specify in the request what aspect of the recommendation
he or she wishes to have reconsidered and the reason for the request. The distribution of the
request and the response to the request shall be governed pursuant to the provisions of the
Federal Way Zoning Code. Within ten (10) working days after receiving a request for
reconsideration, the Hearing Examiner shall notify the persons who have a right to appeal under
the Federal Way Zoning Code, whether or not the recommendation will be reconsidered. The
Hearing Examiner may reconsider the recommendation only if he or she concludes that there is
substantial merit in the request. The process of the reconsideration will be followed in
accordance with the Federal Way Zoning Code. The recommendation of the Hearing Examiner
may be challenged by any person who is to receive a copy of that recommendation pursuant to
CAMPUS DRIVE PARK/JUNIOR IDGH #6
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PAGE 12
FWZC 155.70. That challenge, in the form of a letter of challenge, must be delivered to the
Planning Department within fourteen (14) calendar days after the issuance of the Hearing
Examiner's recommendation or, if a request for reconsideration is filed, then within fourteen
(14) calendar days of either the decision of the Hearing Examiner denying the request for
reconsideration or the reconsidered recommendation. The letter of challenge must contain a
clear reference to the matter being challenged and a statement of the specific factual findings and
conclusions of the Hearing Examiner disputed by the person filing the challenge. The person
filing the challenge shall include, with the letter of challenge, the fee established by the City.
The challenge will not be accepted unless it is accompanied by the required fee. The
recommendation of the Hearing Examiner may be challenged whether or not there was a request
to reconsider the Hearing Examiner's recommendation.