Res 93-144
RESOLUTION NO.
93-144
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AMENDING THAT
CERTAIN CONCOMITANT AGREEMENT RELATING TO THE
ZONING OF THAT CERTAIN PARCEL OF PROPERTY
COMMONLY KNOWN AS CAMPUS CREST PROPERTY
(PARCEL 5) RECORDED UNDER AUDITOR'S NUMBER
9003051119, AND AMENDING THAT CONCOMITANT
AGREEMENT RELATING TO THE ZONING OF THAT
CERTAIN PARCEL OF PROPERTY COMMONLY KNOWN AS
THE CAMPUS HIGHLAND TOWNHOME PROPERTY (PARCEL
7), RECORDED UNDER AUDITOR'S NUMBER 900305118;
AFFIRMING IN PART AND DENYING IN PART THE
HEARING EXAMINER'S RECOMMENDATION IN FILE
#UPR920017.
WHEREAS, on February 27, 1990, Concomitant Agreements
were entered into by the City of Federal Way and Polygon 2000,
Inc., and the Quadrant corporation, establishing the zoning and
methods of
resolving potential disagreements with respect to
vesting rights, as well as the applicability of King County or City
of Federal Way regulations with regard to two parcels of property,
legally described in Exhibit A attached hereto.
Polygon 2000,
Inc., and Quadrant corporation own campus Crest (parcel 5) ("Campus
Crest")
and
campus
Highlands
Townhomes
(parcel
7)
( "Campus
Highlands"); collectively referred to as "subject properties".
These parcels are located south of Southwest Campus Drive, opposite
the introduction of Tenth Avenue Southwest and the Glen Park at
West Campus Development; and
WHEREAS, in 1991, the city purchased approximately 16
acres of campus Crest parcel 5 for the purpose of developing a
community park in conjunction with the construction of a junior
RES #
93-144
- PAGE 1
COpy
high school by the Federal Way School District.
This 16 acres
consisted of parcel A of parcel 5.
The city council of the city of
Federal Way, January 19, 1993, amended the Concomitant Agreement
for parcel 5 by deleting parcel A from said agreement,
which
returned it to the original zone classification of RM2400.
The
terms of the Concomitant Agreement remain unchanged for parcel B of
parcel 5; and
WHEREAS, the applicant owner is requesting to amend two
Concomitant Agreements relating to Campus Crest (parcel B of parcel
5)
and
Campus
Highland
Townhomes
(parcel
7) ,
(hereinafter
"Concomitants"); and
WHEREAS, the Application for Amendment is summarized as
follows:
Reauest A:
1.
Amend Paragraph 11 to allow 24 months
following resolution of the issues surrounding the alignment
of loth Avenue South to proceed with development of project.
2.
clarify
the
agreement
to
address
the
funding for the construction of lOth Avenue Southwest.
3.
Define "Proportional Share" as used in the
agreements for the purpose of calculating the development
traffic impact.
4.
Adding a new subsection to Paragraph 11 of
the Concomitant Agreements, which will define "proceeding" as
the filing of a completed billing application for Phase I of
the development.
RES #
93-144
- PAGE 2
Reauest B:
1.
Modify condition 2B to reduce the required
100 foot Type I Buffer for the portions of parcel 5 and 7
adjoining single family zoning to 60 feet.
As part of this
request, the applicant proposes to add language requiring the
construction of a solid board fence along property lines of
which parcels 5 and 7 which abut single family zone property;
and
WHEREAS, the Request to Amend the Concomitant Agreements
must be processed in the same manner as a quasi-judicial project
rezone in accordance with section 22-296 of the Federal Way city
Code; and
WHEREAS, quasi-judicial rezones are subject to process
III review, Federal Way Zoning Code ("FWZC") section 22-476 which
requires the Hearing Examiner to issue a recommendation to the city
Council, who will then make the final determination; and
WHEREAS,
pursuant to Process III Review,
Federal Way
Zoning Code 22-482, the Hearing Examiner held a public hearing on
this Request to Amend the Concomitant Agreements on April 13, 1993,
and all public notice having been duly given pursuant to Federal
Way Zoning Code 22-480; and
WHEREAS, following the public hearing, the Hearing Examiner
submitted to the appropriate Council committee his recommendation
to approve the proposed Amendments to the Concomitant Agreements;
and
WHEREAS, Federal Way Land Use Committee on May 11, having
considered the recommendation of the Hearing Examiner, has moved to
RES #
93-144
- PAGE 3
forward the Examiner's recommendation to the full Council; NOW
THEREFORE
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.
Adoption
of
Hearina
Examiner
Findinas.
Pursuant to Federal Way Zoning Code section 22-302,
the City
Council
has
considered
the
application,
and
after
full
consideration of the entire matter on the record before the Hearing
Examiner, including the Examiner's Recommendation, the city Council
hereby adopts by reference the Findings of the Federal Way Land Use
Hearing Examiner as contained in the Examiner's Recommendation on
Amendment
to
the
Concomitant
Agreements,
section
III,
which
document is attached hereto as Exhibit B, and incorporated herein
by reference, with the clarification that the findings are adopted
solely
to
the
extent
they
relate
to
that
portion
of
the
applications approved herein.
SECTION 2.
criteria to Rezone.
The City Council adopts by
reference the Findings of Specific criteria which an applicant must
meet in order to obtain a quasi-judicial project related rezone
pursuant to Federal Way Zoning Code section 22-302
(referencing
Section 22-299) as contained in the Examiner's Recommendation on
Amendment to the Concomitants, Finding Number 7, (A), (B), and (C),
with the clarification that the findings are adopted solely to the
extent they relate to that portion of the applications approved
herein.
RES #
93-l44
- PAGE 4
SECTION 3.
Council Findinas on Reauest A(l).
The Council
finds that the application to amend the Concomitant Agreements for
Campus Crest, parcel B of parcel 5, and Campus Highlands, parcel 7,
with
respect
to
Request
A(l)
to
amend
paragraph
11
of
the
Concomitants to allow the applicants 24 months following resolution
of issues surrounding the alignment of lOth Avenue South to proceed
with
the
development
proposal
pursuant
to
the
terms
of
the
Concomitant are not in the best interest of the residents of the
City, and as such, do not meet the criteria set forth in section
22-299 of the Federal Way city Code.
Compliance with this criteria
is a condition precedent to approval of this portion of the
application, and accordingly, this portion of the application must
be denied.
The Council finds that the approval of this condition
would grant to applicants a "guaranteed" zoning designation for
this property.
While the Council has no present intentions to consider a
rezone of the subject property, the city must comply with the
provisions of the Growth Management Act.
Compliance will require
adoption of a comprehensive plan from which will flow zoning
designations
consistent
with
the
adopted
comprehensive
plan
designations.
Any grant of a guaranteed zoning designation for a specified
term of years may hinder any future potential of the city Council
to adopt zoning designations determined to be in the best interest
of the residents of the city.
RES #
93-144
- PAGE 5
In addition,
in 1990, the City of Federal Way adopted an
Interim Comprehensive Plan.
The Interim Comprehensive Plan states
that it is a "statement of the community's desires and goals for
the future development of the City and provides the framework for
a continuing planning process that will begin with the adoption of
this plan."
Council further finds that any guaranteed zoning
designation would be adverse to the City's ability to exercise its
goal of carrying out a "continuing planning process."
Finally, the Interim Comprehensive Plan Framework Policy IV,
as adopted by the City Council, states that the purpose of the
Federal Way
Comprehensive Plan
is to
"provide
a process
for
continuous updating and amendment of the Plan and its implementing
plans and regulations."
Accordingly, the City Council finds that
any grant of a guaranteed zoning designation for a term of years
would not be consistent with the Comprehensive Plan Framework
Policy to provide for continuous updating and amendment of the Plan
and its implementing plans and regulations.
SECTION 4.
Application Approval. The Application to Amend
the concomitant Agreements for, Campus crest, parcel B of parcel 5,
and Campus Highlands, parcel 7, Federal Way File No. UPR-92-00l7,
is approved with respect to the following provisions:
Reauest A:
2.
Clarify
the
agreement
to
address
the
funding for the construction of loth Avenue Southwest.
3.
Define "Proportional Share" as used in the
agreements for the purpose of calculating the development traffic
impact.
RES #
93-144
- PAGE 6
4.
Adding a new subsection to Paragraph 11 of
the Concomitant Agreements, which will define "proceeding" as the
filing of a completed building application for Phase I of the
development.
Reauest B:
1.
Modify condition 2B to reduce the required
100 foot Type I Buffer for the portions of parcel 5 and 7 adjoining
single family zoning to 60 feet.
Construction of a solid board
fence along property lines of which parcels 5 and 7 which abut
single family zone property will also be required.
The application to amend the Concomitant Agreement is denied
with respect to Request A(l) to amend paragraph 11 to allow 24
months following resolution of the issues surrounding the alignment
of loth Avenue South to proceed with development of the project.
council approval of the application shall be evidenced by the
adoption of this resolution, and shall permit the applicant herein
to develop the subject properties, pursuant to the Concomitant
Agreements, as amended hereby.
SECTION 5.
Future Amendments.
Future amendments to the
concomitant Agreements shall be processed by the filing of an
application therefore, which shall be considered and heard in the
same manner as a rezone of property.
Such action shall not release
owners from any obligation assumed pursuant to the Concomitant
Agreement
as
currently
amended,
unless
or
until
any
future
amendment has been approved by the City.
SECTION 6.
Recordina
of
Resolution.
At
applicant's
expense, this Resolution shall be recorded with the King County
RES #
93-144
- PAGE 7
Department of Records and Elections, and the terms and conditions
herein shall constitute a covenant running with the land.
All
building, occupancy and use permits hereafter applied for or issued
shall be subject to the terms, conditions, and limitation of this
Amendment
to
the
Concomitant Agreements,
and
the
extent
not
modified
herein,
the
original
Concomitant Agreements
for
the
subject property, and the applicable ordinances and codes of the
City
of
Federal Way.
Nothing herein
shall
be
construed
as
requiring or obligating the City to issue any building, occupancy,
or conditional use or other permit.
SECTION 7.
sianature. The applicants herein shall execute
an acknowledgement of the terms of this resolution, acknowledging
the modification to the existing Concomitant Agreements, provided,
however,
signature of the applicants are not required for this
modification to be effective.
SECTION 8.
SeverabilitvClause.
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 9.
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 15th day of
June
, 1993.
RES # 93-144
- PAGE 8
CITY OF FEDERAL WAY
-~~
MAYOR, ROBERT STEAD
THE TERMS OF THIS RESOLUTION ARE ACKNOWLEDGED AS AMENDING
CONCOMITANT AGREEMENTS FOR CAMPUS CREST (PARCEL B OF PARCEL 5), AND
CAMPUS HIGHLANDS (PARCEL 7).
POLYGON APARTMENT PARTNERS
By
Title
WANEY, CMC
- )
C"~
CITY ATTORNEY, CAROLYN
A. LAKE
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 93-l44
June 9,1993
June 15,1993
¡,\LAlKA THLEER IRESOICAMPUSCR
)
RES # 93-144
- PAGE 9
r
EXHI~IT A
r
EXHIBiT --A-
PAGE~OF ~iD
'"
¡' '" ,PARCELS
, '",
" "', , "
TIIAT PORTION OF GOVERiH1EHTLÒT'I; SECTION 19, TOHNSIlIP 21 NORTII, RAHGE
Ii.H., IH KING COUNTY, I-/ASilINGTOtI. SAID PORTlOI! BEING HOnE PARTlClJLAHLY
DESCRIBED AS FOLLOWS:
4 EAST,
"
COK'IENCIHG AT THE NORTHWEST'CORNER OF SAiD SECTION 19;
:-- TIIENCE' ALONG TilE NORTH LJ NE TIIEREOF SB9000 1 J BuE 335.711 FEET;
= THEHCE S01035'i6"W 42.00 FEET TO THE SOlJTIIERLY HAHGIN OF TilE LANLJS DESCIIIBEÓ
-, , ,"
n IN DEED RECORDED UNIJER RECORDING tlUHBER 8501170665, nEconus OF SAID CGUIITY AND
::::>' , "," " '
S'THE ,TROE POIHT OF BEGINNING;,,',:', !,:,:: ,'.
~'THEHC,E ALONG SAID'SOUTIIERLY MRGq{ S89~00,ilB~'E 18.07 FEET TO TilE B[t;INNING OF
-A CURVE COHCAVE,TO THESOUTlIIiEST HAVING A RADIUS OF,~5!J.UU FEET;
,'liENCEfASTERÜ"AND SOUTHEASTERLY 700.54 FEET ALONG SAID CUHYE TJIHOUGH A
; CENTRAL ANGLE OF'600S9'59";, ',:.!: ¡ :
: TliEHCE CONTINUING,ALONG 'SAID 'HARGIH S21 009'19"E 422.43 FEET TO TilE BEGINNING
OF A'CURVE CONCAVE,TO THE-,NORTiIEAST HAVING A RADIUS OF 842.00 FEET; "
TflEHCE SOUTIIEASTERLY 217.49 FÈET ALONG SAiD CURVE THROllt;\I A CENTRAL ANGLE OF
14°47'59" TO A RADIAL LIN~ OF"SÀID CURVE IIHICH BEARS S47011'42"1I; ,
THENCE lEAVING SAID HARGIN ALONG TilE HON-TANGENT EAST LINE OF SAID GOVERNHENT
LOT SOlo13'12"1{390.17 FEET TO THE SOÛTIIEAST CORNEll THEHEOf;
TilE NCE ALONG TH~:: SOUTH LI NEOF: SA [0 GOVERNHEHT LOT' N8ß059' 20"11 938.71 FEET TO
A UHE, PARAlLEl:'HITI! A~O DISTANT 335.?6 fEET EASTERLY. HIIEN 11EASURED AT RIGIIT
ANGLES, FROH ilIE;'I-IEST LINE OF; SAID GOVERNHENT LOT 3;
THENCE ALONG SAID PARALLEL'LINE NOl035'16"E 1273.00 FEET TO'TIIE TRUE POINT OF
BEGI/!HING
, '
ç
r
EYJ-HBiT_- ",73 '
PAGE~ OF -16.
" ,EXHIBIT A
, ': '
PARCEL 7 "
,.
, '
-,
co
, THOSE PORTIONS OF: TilE NOn'rIlE1\ST ONE-QUJ\RTER OF TilE HOnTIIWEST
, ONE-QUJ\1lTER /\ND TilE SOUTIIEAST OIŒ-QUlillTER OF TilE NORTIIWEST
, ONE-QUJ\1lTER ALL IN SECTION 19, TOWIISII:¡:P 21. NOnTII, RJùWE' 4
'EAST, W.M.,' IN KING, COUNTY, WASIlINGTON~ S1\ID PORTIONS BEING
HORE PJ\1lTICULlillLY DESCRIBED AS'FOLLOWS: ..
, t' -' "
'COMMENCING AT THE WEST~ OIŒ-QU'J\1lTER CORNER QF SAID SECTION 191
THENCE ALONG TilE EAST/WEST CENTERLINÈ OF,' SAID, SECTION 19
S88"58"22"E 1282.94 FEET TO THE SOUTHWEST CORNER 'OF THE
, SOUTIIE1\.ST .ONE-QU~TER -OF S1\ID NORTlIrJEST ONE-QU1\.RTER,-
THENCE 1\LqNG THE WEST~~INE TIlEREOF N01"13'l2"E 202.55 FEET TO
THE NORTIIWESTERLYi LINE OF TII1\.T CERTAIN EASEMENT GIù\NTED TO
TIlE:'" UNITED STATES' OF !\MERIC1\. FOR ELECTRIC1\.L TRA1JSMISSION
LINES BY DOCUMENTS RECORDED UNDER RECORDING NUMBERS '5034341,
"' 5029580 1\110' 5027474; ',RECORDS OF SAID COUNTY ~D TilE TRUE'
POINT OF ,BEGINNING 1 ' " ,
THENCE CONTINUING 1\LONG SAID WEST LIHE AND THE WEST LINE OF
, SAID NORTIIE1\ST' ONE-QU1\.RTER "OF S1\ID NORTlIrJEST ONE-QU1\.RTER
,NO1."1.3'12"E 1502.83 FEET TO 'A POINT 'ON ,THE SOUTHERLY MARGIN
OF THE I.J\NDS DESCRIBED IN DEED RECORDED UNDER RECORDING
NUMBER 8501170665, RECORDS OF S1\ID COUNTY, SAID POINT' BEING " '
011 1\ ,CURVE CONC1\.VE TO THE NORTHEAST Hl\VING A, RADIUS OF 842.00
FEET AND TO WHICH POINT A RADIAL LINE' BEARS S47'11"42"WI
,THENCE ALONG S1\.ID M1\.RGIlI SOUTHEASTERLY AND E1\STERLY 801. 22
FEET 1\.LONG S1\.ID CURVE TliROUGIIA CENTRAL l\.NGLE OF 54"31'16" TO
THE BEGINNING oi""l\." REVERSE CURVE CONCAVE TO THE SOUTHWEST
l1l\.VING A MDIUS OF 61B. 00 FEE';r (A MDIl\L LINE TlffiOUGII SAID
BEGINNING BEAnS N07"19'34"W) ,
'TIIEUCE CONTINUING l\LONGSAID MARGIN EASTERLY AND
SOUTHEASTERLY 647.38' FEET ALONG SAID CURVE THROUGH A CENTRl\.L
l\NGLE OF 60. 01.'l1."TO S1\.ID NORTIIWESTERLY LINE OF THAT CERT1\.IN
E1\.SEMENT' GRl\.NTED 'TO TilE UNITED ST1\TES OF 1\.MERIC1\., 'FOR
ELECTRIC1\.L TIù\NSHISSIOH LINES' BY DOCU11ENTS RECORDED UNDER
RECORDING NU!1BERS 5034341, 5029580, l\.ND 5027474, RECORDS OF
SAID COUNTY ¡ ¡
TIIEIICE ALONG Sl\ID lIORTIIWESTERLY LINE S52'58'44"H 1662.66 FEET
, TO TIlE TRUE POIlIT OF BEGIN/UNG
Ln
C)
[')
C)
0
0---
I
',"
f'>,
d-~1~'
r
LJ/¡3/9 3
(
BEFORE THE HEARING EXAMINER OF THE CITY OF FEDERAL WAY
IN TIlE MA TIER OF TIlE
APPLICATION OF:
)
)
)
)
)
)
)
)
)
)
)
RECOMMENDATION
FILE #UPR9lOO17
FWHE #93-3
POLYGON APARTMENT PARTNERS FOR
CAMPUS CREST (Parcel B of Parcel 5) &
CAMPUS HIGHLAND TOWNHOMFS (Parcel 7)
Concomitant Agreement Amendments
Under Process ill
I. SUMMARY OF APPLICATION
The applicant (polygon Apartment Partners) is requesting to amend two (2) concomitant
agreements relating to parcels of property commonly known as Campus Crest (parcel B of
Parcel 5) and Campus Highland Townhomes (parcel 7)
ll. PROCEDURAL INFORMATION
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,
Colin Quinn, Quinn Company
3318-239th Avenue SE, Issaquah, WA 98027
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1.
Staff Report with Exhibits
a. Concomitant Agreement for Campus Crest (parcel 5)
b, Concomitant Agreement for Campus Highland Townhomes (parcel 7)
c, Proposed Reduction in Perimeter Buffer Map
d, Vicinity Map
e, City of Federal Resolution No. 93-128
f. Comments from City of Federal Way Public Works Department
g, Comments from City of Federal Way Building Department
h, Comments from City of Federal Way Police Department
i, Comments from Federal Way Water & Sewer District
j. Comments from Federal Way Fire District #39
)¡~I(
TCo'7'fTB"'T
b.<.-I.- "
Hearing Examiner
0rJginaI
1"
,..
(
r
CAMPUS CREST & CAMPUS IDGHLAND TOWNHOMES
FILE #UPR910017; FWHE #93-3
PAGE 2
2,
Letter from Dave Hopkins of Windermere Real Estate
3.
Letter from Richard T, & Candace K. Knudson
ill. FINDINGS
1.
On February 27, 1990, concomitant agreements were entered by the City of Federal Way
and Polygon 2000, Inc, , and the Quadrant Corporation, establishing the wning and
methods of resolving potential disagreements with respect to vesting rights, as well as
the applicability of King County or City of Federal Way regulations with regard to two
parce1s of property, Polygon 2000, Inc., and Quadrant Corporation owned Campus
Crest (parcelS) and Campus Highland Townhomes (parcel 7), These parcels are located
south of SW Campus Drive opposite the intersection of 10th Ave SW and the Glen Park
at West Campus development.
2,
In 1991 the City purchased approximately sixteen (16) acres of Parcel 5 for the purpose
of developing a community park in conjunction with the construction of a junior high
school by the Federal Way School District. The sixteen (16) acres consisted of Parcel
A of ParcelS, as shown on Exhibit D to the staff report. The City Council of the City
of Federal Way, on January 19, 1993, amended the concomitant agreement for Parcel
S by deleting Parcel A from said agreement which returned it to its original wne
classification of RM 2400, The terms of the concomitant agreement remain unchanged
for Parcel B of ParcelS,
3.
The owners of Parce1 S and Parcel 7 are requesting changes to the concomitant
agreements covering both parcels as follows:
a.
Request A:
1)
Amend paragraph 11 to allow twenty-four (24) months following
resolution of the issues surrounding the alignment of 10th Ave SW to
proceed with development of the project.
2)
Clarify the agreement to address the funding for the construction of 10th
Ave SW,
3)
Define "proportional share" as used in the agreements for the purpose of
calculating the development traffic impact.
4)
Add a new subsection to paragraph 11, which will define "proceeding" as
the filing of a completed building application for Phase I of the development.
".
~
r
(
(
CAMPUS CREST & CAMPUS mGHLAND TOWNHOMFS
FILE (fGPR910017; FWHE #93-3
PAGE 3
b,
Request B:
1)
Modify Condition 2.b to reduce the required 100-foot Type I buffer for
the portions of Parcels 5 and 7 adjoining single family zoning to sixty (60)
feet. As pan of this request, the applicant proposes to add language
requiring the construction of a solid board fence along the property lines
of Parcels 5 and 7 which abut single family zoned property.
4,
The request to amend a concomitant agreement must be processed in the same.manner
as a quasi-judicial project rezone in accordance with Chapter 22 of the Federal Way City
Code. Quasi-judicial rezones are subject to the Process III review, which requires the
Examiner to issue a recommendation to the City Council, which then makes the final
determination,
5.
Both Parcels 5 and 7 are located in urbanizing neighborhoods with urban utilities and
services nearby. The sites are presently undeveloped, but north of the site are multi-
family residential projects, while to the southeast and south are the Bonneville Power
Administration power lines, single family residential development, and an elementary
school. The new junior high school and public park are located to the west ofParce15,
6,
Prior to obtaining a zone reclassification, an applicant must establish that the request
meets the criteria set forth in Section 22-299 of the Federal Way City Code, Findings
required on each criteria contained therein are hereby made as follows:
a,
The proposed rezone is in the best interests of the residents of the City, The
amendments proposed in Request A do not change either the zoning code
requirements, the intent of the zoning code, or site development requirements.
The amendments are in the nature of clarifications, definitions, and the
development timeline. While a complaint was raised regarding extension of the
timeline for development, time extensions are authorized in City of Federal Way
land use regulations. Request B, which reduces the width of the landscape
buffer, still requires a buffer width twice that of the existing Federal Way
regulations. The present zoning code requires a type II buffer thirty (30) feet in
width between single family and multifamily development. A type I landscape
buffer is intended to provide a solid sight barrier to totally separate incompatible
land uses, Sixty (60) feet is more than ample space to establish such a buffer,
Furthermore, the number of dwelling units is not affected by reduction of the
buffer,
."
,'0
(
r
CAMPUS CRFST & CAMPUS IDGHLAND TOWNHOMFS
FILE #UPR9~OO17; FWHE #93-3
PAGE 4
b,
The rezone is appropriate because conditions in the immediate vicinity of the
property have significantly changed since the date of the original concomitant
agreement, and because of these changed conditions, a zone reclassification is in
the public interest. Sixteen (16) acres of Parcel 5 have been purchased by the
City which together with the school district will develop a park/junior high school
complex, Potential development of the original Parcel 5 is now significantly
reduced, Furthermore, buffer requirements were imposed at the time the City
was reviewing landscape requirements. Since that time, the City has adopted
buffer requirements of forty (40) feet, which in the future may be reduced to
twenty (20) feet.
c,
The proposed changes to the concomitant agreement comply with all Federal Way
1and use regulations.
d,
The site plan of the proposed project will be designed to minimize impacts on
developed properties in the immediate vicinity. Both applications are currently
being reviewed under the State Environmental Policy Act (SEPA), which will
result in mitigating measures designed to fully protect surrounding properties.
Development conditions contained in the concomitant agreement exceed the
requirements of the Federal Way Zoning Code.
e,
The proposed amendments to the concomitant agreement will not affect public
services or utilities, A request for time extension and c1arification of terms will
not adversely impact public services or utilities, Impacts on said services will be
mitigated through SEPA at the development review process.
7.
Section 22-487(c) of the Federal Way City Code allows the Hearing EJGiininer to
recommend approval of a zone reclassification to the City Council only if the decisional
criteria contained in Section 22-490(d) are met. Findings required on each criteria are
hereby made as follows:
a,
The proposed changes in the concomitant agreement are consistent with the
Federal Way Comprehensive Plan. The plan designates both parcels as urban
residential which is intended to provide for higher density residential development
than is compatible with single family neighborhoods. However, development of
attached and multiple units at low densities is also allowed, The applicants are
required to construct condominiums and townhouses on all of Parcel 7 while one-
third of the dwelling units on Parcel 5 must be townhouses, These uses will
provide transition from a major arterial and higher density multi-family uses to
single family uses to the south,
."
(
r
CAMPUS CREST & CAMPUS mGHLAND TOWNHOMFS
FILE HUPR9~OO17; FWHE #93-3
PAGE 5
b.
The proposed changes are consistent with all applicable provisions of the Federal
Way City Code, including those adopted by reference from the Comprehensive
Plan, Development of the site itself in accordance with the proposed changes,
will comply with the Federal Way Environmental Policy Code, Methods to
Mitigate Development Impacts Code, Federal Way City Code, Comprehensive
Plan, and all other development codes and regulations,
c,
The proposed changes are consistent with the public health, safety and welfare.
Development of the site pursuant to the proposed changes in the concomitant
agreement will be fully evaluated by all city departments and other regulatory
agencies, Prior to obtaining a development pennit, the proposal must be found
consistent with the general health, safety and we1fare of the community.
IV. CONCLUSIONS
Proposed changes to the concomitant agreements covering Parcels 5 and 7 satisfy the criteria
contained in Section 22-299 of the Federal Way City Code and the criteria set forth in Section
22-490(d) of the Federal Way City Code. Therefore, the propose changes to the concomitant
agreements should be approved by the Federal Way City Council.
V. RECOMMENDATION
The proposed changes in the concomitant agreements relating to those parcels of property
commonly known as Campus Crest (parcel B of Parcel 5) and Campus Highland Townhomes
(Parce1 7) should be approved as requested.
VI. RIGHTS TO RECONSIDERATION AND CHALLENGE
Any person who has a right to challenge 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, Theperson
requesting the reconsideration shaH 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
...
(
r
,,' ,
".
CAMPUS CREST & CAMPUS mGHLAND TOWNHOMFS
FILE #UPR91.OO17; FWHE #93-3
PAGE 6
may be challenged by any person who is to receive a copy of that recommendation pursuant to
FWZC 155.60.6, That challenge, in the form of a letter of challenge, must be de1ivered 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 appeal, 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.
DATED this 27th day of April, 1993,
I:\P"CHRISG\CAMPC