Res 93-146
RESOLUTION NO.
93-146
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS AN APPLICATION BY HOME DEPOT STORE
FOR A RETAIL FACILITY WITHIN A COMMUNITY
BUSINESS DISTRICT ON A SITE OF OVER FIVE (5)
ACRES, AND APPROVING THE REDUCTION OF THE
REQUIRED 100 FOOT SETBACK FOR A MAJOR STREAM
AND REGULATED WETLANDS, THE RELOCATION OF A
MAJOR STREAM, CONSTRUCTION OF A RETAIL PAD,
AND A LAND SURFACE MODIFICATION PERMIT.
WHEREAS, the applicant has submitted an application to
construct a 135,802 square foot retail building on a 20.06 parcel
within a Community Business (BC) District, to prepare a 13,600
square foot retail pad, to reduce the required 100 foot setback
area for a major stream and regulated wetlands, to relocate a major
stream
and
to
obtain
a
land
surface
modification
permit
("Application"); and
WHEREAS,
the request to relocate a major stream requires
Process III review and the request to reduce the 100 foot regulated
wetland and major stream setback require Process II review; and
WHEREAS, if any part of the Application requires Process III
Review,
the entire proposed development must be reviewed and
approved through Process III; and
WHEREAS, Applicant timely and properly applied for Process III
review for the proposal; and
WHEREAS,
a
mitigated
determination
of
non-significance
("MDNS") was issued for this proposal on April 18, 1993, pursuant
to Federal Way City Code
("FWCC")
and the State Environmental
Policy Act and the MDNS was not appealed; and
COpy
WHEREAS, section 22-490(d) of the FWCC contains criteria for
the consideration of a Process III application; and
WHEREAS, all public notice having duly been given pursuant to
section 22-480 of the FWCC; and
WHEREAS, this matter having been considered by the Federal Way
Land Use Hearing Examiner at a public hearing on May 18, 1993, for
the purpose of issuing a recommendation on the matter, based upon
the FWCC criteria; and
WHEREAS, following the public hearing, the Federal Way Land
Use Hearing Examiner issued his recommendation for the Application
on June 2, 1993; and
WHEREAS, this matter having been considered by the Federal Way
city council Land Use Committee at its meeting on June 8,1993, for
the purpose of moving to recommend conditional approval of the
Application; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
section
1.
Hearina
Examiner's
Recommendation.
The
Recommendation of the Federal Way Land Use Hearing Examiner dated
June 2, 1993, containing his Findings of Fact and Conclusions of
Law, is attached hereto as Exhibit "A" ("Recommendation") and is
adopted by reference in totality by the Federal Way City Council.
section 2.
Process III Decisional criteria.
Pursuant to
section 22-490(d) of the FWCC and based upon the Recommendation,
the Federal Way City Council makes the following conclusions of law
regarding the decisional criteria for the Application:
RES #
93-146
- PAGE 2
(A)
The application is consistent with the Comprehensive
Plan.
The site
is designated as
"Business"
by the
Comprehensive Plan Map and is zoned Community Business
District.
Both the Comprehensive Plan and the zone allow
the applicant's proposed use.
(B)
The
application
is
consistent
with
all
applicable
provisions
of
the
FWCC
includina
those
adopted
bv
reference from the Comprehensive Plan.
Development of
the site is required to comply with the provisions of the
FWCC and all other applicable development codes and
regulations.
The City I S Community Development Review
Committee has reviewed this request in relation to all
applicable development codes and regulations.
site plan
review has further ensured that certain features of the
application were modified in order to be 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 overall proposal.
A
discussion
of
the
specifics
of
the
administrative
determinations are contained in the staff report for this
application dated May 18, 1993.
Finally, the additional
conditions imposed as a condition of the Process III
approval for this project will further guarantee that
RES #
93-146
- PAGE 3
this project is consistent with all applicable provisions
of the FWCC.
(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 the FWCC, 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 Community Business 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.
stream Relocation.
Pursuant to Section 22-1307 of
the FWCC and based upon the Recommendation, the Federal Way city
Council makes the following conclusions of law that the decisional
criteria of Section 490 (d) and section 22-1307 of the FWCC for
stream relocation have been satisfied, as follows:
(A)
The applicant has submitted a stream relocation plan
prepared bv a qualified professional approved bv the
citv.
The applicant
submitted
a
"Summary Report
Background Information for Channel Relocation Proposal"
RES #
93-146
- PAGE 4
RES #
dated March 6,1993, prepared by Watershed Dynamics, Inc.
The Summary addresses the requirements established in
section 22-1307(c) (1) through (10) of the FWCC.
These
items pertain to how a new channel must be designed and
function upon
completion.
Dynamics
watershed
is
a
professional organization that specializes in fisheries,
hydrology, water quality and wetland projects.
The plan
submitted was adopted in its entirety under SEPA, WAC
197-11-768.
(B)
The
water aualitv.
habitat and stormwater retention
capabilitv of the relocated stream will be sianificantlv
improved bv the relocation.
In addition. convenience to
the applicant in order to facilitate aeneral site desian
has not been considered.
The water quality, habitat, and
storm water retention capability of the stream will be
significantly improved by the relocation.
The Watershed
Dynamics'
report confirms that the present stream is
essentially a drainage ditch with no in stream habitat
diversity.
The proposed stream design meanders the
channel within the confines of its new location; creates
flood plain areas;
improves habitat;
and establishes
multi-layered, multi-specied plant communities within the
riparian area associated with the stream.
The plan
proposes a stream channel that will be appropriate for
some limited salmonid use and also creates a food supply
which will be washed downstream to downstream fish.
93-146
- PAGE 5
RES #
(C)
(D)
Furthermore, the applicant is proposing the creation of
a new wetland as part of the stream corridor which,will
aid in storm water detention and water quality.
While
relocation
of
the
stream
channel
benefit
does
the
applicant, it is also a major benefit to the life and
function of the stream.
The plan proposes to transform
a drainage ditch into a habitat supporting stream.
Prior
divertina
into
to
water
the
channel.
new
a
qualified professional approved by the citv shall inspect
the new channel fo11owina its comoletion and issue a
written reoort to the Director of Communitv Develooment
statina that the channel comolies with the reauirements
of this section.
As required by the FWCC, the stream and
wetland will be monitored by a qualified biologist for a
period of five years.
The professional hired shall be
responsible for making sure that the stream relocation
and created wetland are successful as outlined in the
stream channel relocation plan.
The amount of flow and velocitv of the stream will not be
increased or decreased as the stream enters or leaves the
sub;ect orooertv.
The amount of flow and velocity of the
stream will be slightly reduced as the stream leaves the
applicant's
improved
stream
and
property.
The
new
channel will slightly reduce the flow of water from the
site.
Reducing the rate at which the water flows through
the stream channel will help in creating the appropriate
93-146
- PAGE 6
hydrology
for
the
newly
created
stream habitat
and
riparian habitat.
The requirements of the storm drainage
plan will require the applicant to detain a one hundred
(100) year storm event on site while releasing seventy
(70%) percent of a two (2) year storm.
These standards
mean that less water will flow into the creek from the
site following development than in its present natural
condition.
section 4.
stream and Wetland Setback Reduction.
Pursuant to
sections 22-1312 and 22-1359 of the FWCC, the Federal Way City
Council makes the following conclusions of law that the decisional
criteria permitting reduction of a major stream and regulated
setback have been satisfied, as follows:
(A)
The Application and the reduction of the setback will not
adverse Iv affect water aualitv.
The applicant will place
a berm between the stream and the developed portion of
the site preventing storm water from entering the stream.
The storm water that does enter the stream will run
through
a
biofiltration
swale.
In
addition,
the
applicant proposes to plant the stream corridor with
native vegetation which will serve as a filter for any
run off into the stream.
(B)
The reduction will not destrov or damaae a sianificant
habitat
area.
There
are
no
significant
habitats
associated with the drainage ditch.
There have been no
observations
of
endangered,
threatened
or
sensitive
RES #
93-146
- PAGE 7
RES #
(D)
(E)
(F)
species on the site.
The proposed improvements in the
stream location plan will create habitat which currently
does not exist.
(C)
The reduction will not adverse1v affect drainaae or storm
water
retention
capabilities.
The
proposed
stream
channel is of sufficient design to adequately handle
existing
well
as
proposed
storm water
as
retention
capabilities.
Reduction of the setback area will not
affect drainage in any of the drainage basins on-site.
The reduction of the setbacks will not lead to unstable
earth conditions or create erosion hazards.
An erosion
control plan is required for all construction including
construction within the stream setback.
The reduced setbacks will not be detrimental to anv other
propertv in the area or to the citv of Federal Wav as a
whole.
The
reduction
will
not
the
loss
of
cause
significant open space or scenic vistas.
Development of
the
subject
complies
property
with
all
applicable
provisions of the FWCC.
The reduction is necessarv for a reasonable use of the
subiect propertv.
Relocation of the stream is of equal
benefit to the applicant and to the function of the
stream.
The proposed buffer design adequately ensures
that the stream and the newly created wetland will not be
subject to
intrusions,
to untreated run off,
or
to
erosion hazards.
The improved, though reduced, buffers
93-146
- PAGE 8
will enhance the existing habitat.
The buffers will
average
eighty
(80)
feet
in width,
but the design
selected will mean the buffers are equivalent to one
hundred (100) feet on each side.
Plant diversity will
increase the wildlife on the site including non-game
birds and differing types of insects.
(G)
During construction,
the applicant shall satisfy the
requirements of Section 22-13B FWCC.
section 5.
Land Surface Modification.
Pursuant to Section
22-1094
FWCC
and
based
upon
the
findings
contained
in
the
Recommendation, the Federal Way City Council makes the following
conclusions of law regarding the decisional criteria for a land
surface modification permit, as follows:
(A)
The activities authorized by the site modification permit
including clearing or removal of trees, shrubs, ground
cover and other vegetation and all grading, excavation
and filling activities will not alter or adversely affect
streams, lakes, wetlands or significant trees either on
or off the subject property.
Erosion control will be
exercised during all phases of the site preparation.
Restricting the site work to the stream location will
afford protection for the balance of the site if for some
reason the applicant does not proceed with the project.
(B)
The issuance of the land surface modification permit will
not violate any express policy of the city.
The FWCC
RES #
93-146
- PAGE 9
allows such permits prior to the issuance of a valid
building permit.
(C)
Issuance of the permit is justified by the improvements
to the stream channel itself and to the functions and
values of the stream.
Furthermore, the Department of
Fisheries allows
stream work only during the summer
months, and without the advance issuance of the permit to
work in the stream, the applicant's development could be
delayed until the summer of 1994.
section 6.
Conditions.
Based upon the foregoing Findings of
Fact and 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
facility in a BC zone on a site of over five acres subject to the
following conditions:
(A)
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.
(B)
Appropriate cart storage facilities shall be designed
within the parking lot outside of proposed parking stalls
and required landscaping to collect shopping carts as
required by the Director of Community Development.
The applicant has requested a Land Surface Modification
(C)
permit to begin clearing, grading, on-site preparation
and stream relocation if given Process III approval by
RES #
93-l46
- PAGE lO
the, City Council and prior to building permit approval.
Only site work specific to constructing a new stream
channel will be allowed prior to issuance òf a valid
development permit.
Mass clearing and grading of the
site shall not begin until building permit approval.
Pursuant to section 18-78 of the Environmental Protection
(D)
Ordinance, all mitigation measures of the April 18, 1993,
MDNS are incorporated by reference as conditions of this
approval.
Failure to comply with the mitigation measures
shall constitute grounds for suspension and/or revocation
of this approval.
(E)
The applicant shall replace the proposed chain link slat
fence with a fence to be approved by the Department of
Community Development.
The applicant shall make application for a Boundary Line
(F)
Adjustment in order to reconfigure the existing parcels
to ensure that each proposed building is located on a
separate lot.
section 7.
Ratification.
Any act consistent with the
authority and prior to the effective date of the resolution is
hereby ratified and affirmed.
section 8.
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
RES #
93-146
- PAGE 11
the conditions invalid, then in said event, the 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 section 22-490(C) (2) to consider the effect of
the invalidation of any condition or conditions and conduct such
additional
proceedings
as
are
necessary
to
ensure
that
the
Application makes appropriate provisions for public health, safety
and welfare and other factors as required by Article VIII FWCC 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
July
, 1993.
CITY OF FEDERAL WAY
~~
Y, CMC
LAKE
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 93-146
June 30,1993
July 6,1993
I"""""""""""""""""""
RES #
93-146
- PAGE 12
EXB.lBIT A
BEFORE THE HEARING EXA..\1DŒ.R OF THE CITY OF FEDERAL WAY
~ THE MA ITER OF THE
APPLICA nON OF:
)
)
)
)
)
)
)
)
)
)
FILE #1.'PR92-0018
F\VHE #93-4
GREEJ\'BURG FARROW ARCHITECTS
FOR THE HOME DEPOT STORE
For Process ill Approval
RECO~1)1L,\1)A nON
1. SlJ"MJ\IARY OF APPLICA nON
The applicant has applied to construct a 135,802 square foot Home Depot Store on a 20,06 acre
parcel. The following e1ements are also Ìl1c1uded Ìl1 this application: a request to relocate an on-
site tributary to the East Br..nch Hy1ebos Creek, prepar<.tion of a 13,600 square foot retail pad,
reduction of the required 100 foot setbacks associated with a major stream and wetland, and a
request for a land surfa~ modification permit, The application is bei.."1g reviewed under Process
Ill,
IT. PROCEDURAL ThTO~\1...\nON
At tic hearing the followÌl1g presented testimony a:¡d eviden~:
1.
2.
Mike Thomas, Associate Planner, City of Federd V-hy
33530-lst Way So, Federal Way, WA 98003
Mark Miller, r~resenting applicant
10801 Main Street #100, Be1kvue, WA 98004
3.
Fnnk Coda, architect representÏl1g applicant
17991 Fitch Road, Irvine, CA 92714
4.
Hal Hagenson, civil engineer representing applica,¡¡t
2009 Minor Avenue E, SeattJe, WA 98102
5.
Larry Burnstad, water engineer representing app1icant
1421-17th St SE, Auburn, WA 98022
6.
Glenn Anster, attorney representing applicant
1221.2nd Ave #500, Seattle, WA 98101
coø>v
THE HOME DEPOT
FTI.E #UPR92-0018j FWHE #93-4
PAGE 2
7.
8.
9.
10,
Edward Mase, interested citizen
P,O. Box 3843, Federal Way, WA 98063
Margaret Ne1son, interested ciri.z.en
32904-4th Ave SW, Federal Way, WA 98023
Ted Enticknap, interested citizen
368l7-l2th Ave So, Federal Way, WA 98003
Hann Lee, Traffic ,.!u1aJyst, City of Federal Way
33530-1st Way So, Federal Way, WA 98003
At the' hearing the follo"'i.ng exhibits were admitted as part of the off¡ciaJ record of these
proceedings:
1.
Staff Repon with Exhibits
A. Master Land Use Application & Site Plan
B. 'vicinity Map
C. Legal Description
D. Zoning Map
E. Mitigated Environment2l Determination of Nonsignificance
F. Applicable Sections of Federal Way City Code
G. Summary ReportlBackground Infonnation for Channel Relocation Proposal
H. Traffic Stuåy
1. Letter from Assistant City Manager Ken Nyberg to Frank Coda,
Greenburg Fan-ow Architects, dated 5/10/93
Letter from City's Development Services Manager Greg Moore to Frank
Coda, Greenburg Fan-ow Architects, dated 5/10/93
J.
2.
Letter from Stevan Gorchester to City's Public Works Direttor Philip Keightley
dated 5/13/93
3.
Letter from Bob, Ann, Mike & Catie Cole to City àated 5/15/93
4.
The Home Depot Project Infonnation brochure
5.
Letter from Ann BJevens åated 5/18/93
TIΠHO~ΠDEPOT
mE #UPR92-00l8; FWHE #93-4
PAGE 3
1.
III. FT\ì)INGS
The applicant has a possessory ownership interest in a 20,06 acre parce1 of property
located at the southe<.st corner of the intersection of South 352nd Street and 16th Avenue
South (SRl61). The applicant desires to improve the site with a 135,802 square foot
"The Home Depot" bui1ding and 28,394 sq=e foot garden center, p1us a future ret2.i1
use, The site presently consists of tWo la-acre parcels and the applicant is proposing a
boundary li¡1e revision which will create a new Parce1 A consisting of 17,19 acres, which
will be the site of The Home Depot project; and a Parcel B consisting of 2,87 acres,
which ",ill be the site of a future 13,600 square foot retail use,
2.
The applicant's request to construct a commercial reta..il facility is part of a request that
requires both Process IT and Process ill approval. In such instances the Examiner
reviews the entire application under Process ill, wìúch is the highest process, The
Process ill procedure requires the Examiner to make a recommendation to the City
Council, which will then make the final determination.
3,
The site is bordered on the north by the Costco development; on the e<.st by 1-5; on the
south by residential uses which ue zoned Community Business District (BC); and on the
west by industrial and offices uses. To the southwest across 16th Avenue South is the
new Eagle Hudware store,
4,
In order to gain approval for the Construction of The Home Depot store and the future
rew1 pad, the applicant must secure approval of six requests, wìúch are as fonows:
A.
Site plan approval to construct Tne Home Depot store;
B.
Relocation of an on site tributary to t..1e East Branch Hy1ebos Creek;
C.
A boundary line revision to establish a separate lot for the 13,600 square foot
retail pad;
D.
Reduction of the required 100-foot setbacks associated with a major stream;
E,
Reduction of the required 100-foot setbacks associated with a wet1and;
F.
Approval of a Jand surface modification permit.
mE HOME DEPOT
FILE #UPR92-0018j FWHE #93.4
PAGE 4
5.
STREAM RELOCATION
The tributary of the East Branch Hyk~os Creà pu-.Jkls 1-5 o;¡ the eastern border of the
site. The stream's head,,-'ater is south of the Se.aTac Ma11 2.l1d it flows from there behind
the Costco development, then cross the present site, then s.outh ëJ1d east under 1-5 where
it joins the east brc.nch, The appliC2J1t is requesting relocarion of the stream in
accordance with Secrion 22-1307 of the Federal Way Cty Code (FWCC), Findings
required on each criteria contained in S2..id secrion aIe here~y made as follows:
A.
B.
The applicëJ1t has subiTUtted a stream re1ocation phon prepared by Watershed
Dynamics, Inc., a qualified compëJ1Y experienced L' fisheries, hydr010gy, water
quality, and we¡]a!1d projects. The Gty of Fede¡-.J Way environmental official
adopted the proposal submitted by Watershed Dynamics, Inc., in its entirety.
The water quality, habitat, ",d storm water retenrion capability of the stream wiU
be significan¡]y improved by the relocarion, The Watershed Dynamics' report
confirms that the present stre.am is essentially a ë¡-¿,age òitch with no in stream
habitat diversity. Tne proposed screa¡n design me.a.,ders the channel "";ithi,, the
confines of its new 1ocarion; creates flood p12in aIea.s; improves habitat; and
establishes multi-layered, multi-speded plëJ1t commu:1ities within the riparian area
associated with the stream, The p1", proposes a stream channel that will be
appropriate for some limited salmonid use and also creates a food supp1y which
will be wõ.shed dow;¡stream to òownstream fish. Furthermore, the applicant is
proposing t,'1e crearion of a new wetland as part of Òe stream corridor which will
ajd in storm water detention ëJ1d water quality. While rclocarion of the stream
ch2.nnel does benefit tbe applicant, it is also a ffiõ.jor benefit to me life and
function of the stre.a,J11. The plan proposes to u-,õ.nsform a drainage ditch into a
habitat supporÜng stream.
c.
Fol1owing itS comp1etion and prior to diverting water into the new channel, a
qualified biologist wiU inspect the new chëJ1nel and issue a "";nnen report to me
Director of Community Development staring that L'1e channel compJies with tbe
requirements of Section 1307(e) FWCC, In additio:!, the stream and we¡]and will
be monitored by a qualified bi010gist for a period of five (5) ye.ars.
D.
The amount of flow and velocity of the stream will be sEghùy reduced as the
stream leaves the app1icant"s property, The new and improved stream ch",nel
will sJigh¡]y reduce the' flow of water from the site, A reduced flow is necess2I)'
to provide both the new1y created stream habitat and riparian habitat. The
requirements of the storm dr¿nage p1an win require the app1jcant to detain a one
THE HOME DEPOT
Fll..E fl.iPR92-0018; FWHE #93-~
PAGE 5
6.
hundred (100) y= storm event on site while releasing seventy (70%) percent of
a two (2) y= storm, These st2ndards me.an that less water wi]] flow into the
creek from the site fol1owing development than in its pæsent natural condition.
STREAM A.-""1) \VETLAND SETBACK REDUCTION
Sections 22-1312 and 22-1359 FWCC iliow the reduction of setbacks from streams and
wetlands if the criteria contained in sa.id sections are met. In adàition, the applicant must
adhere to the requirements set forth in Section 22-1313 FWCC. Findings required on
each criteria set forth in Sections 22-1312 and 22-1359 FWCC are hereby made as
follows:
A,
B.
. E,
Reduction of the setback will not adversely affect w"tex quality, The "pplicant
will p1ace a berm between the strearn and the developed pordon of the site
preventing storm water from entering the stream. The storm water that does
enter the stream will run through a biofiltration swale, In addition, the applicant
proposes to plant the stream comðor v.'Ïth native vegetarian which will serve as
a filter for any run off into the stream.
The reduced setbacks wil1 neither destroy nor damage a signific2.!1t habitat area,
There are no significant habit¿ts a.ssociated with the d;-cin¡.ge àitch. There have
been no observarions of endz..1gered, ù,¡reatened or sensitive species on the site,
The proposed improvements in the str= Ioca.tion plan will create habit¿t which
currently does not exist.
C.
The reduced setbacks wil1 not adversely affect dr?inage or storm water reteJ1tion
capabilities.
D.
Reduction of the setbacks ",ill not lead to unst¿b1e C2I"J1 conditions nor create
erosion hazards, An erosion control plan is required for all construction
including construction within the stream setback,
The reduced setbacks will not be detrimental to any other property in the area nor
to the City of Federal Way as a whole. Sald reduction will not cause the Joss of
significant open space or scenic vistas. Deve10pment of the subject property
complies with all appHcabk provisions of the FWCC,
F.
The proposed reduction is necesS2I)' for a reasonable use of the subject property,
Re1ocation of the stream is of equal benefit to the appHcant and to the function
of the stream, The proposed buffer design adequately ensures that the stream and
the newly created wetland will not be subject 10 intrusions, to untreated run off,
THE HOME DEPOT
FILE #UPR92-0018; FWHE #93-4
PAGE 6
G.
7.
or 10 erosion hawds, The improved, though reduce<i, buffers will enhance the
existing habitat. The buffers ....ill average eighty (SO) feet in width, but the
design se1ected ....ill mean the buffers are equivalent to one hundred (JOO) feet on
each side, Plant diversity will incre¿se the wilålife on the site incluåing non-
game birds and differing types of insects.
During con'strucDon the applicant must meet the requirements of Section 22-13 1 3
FWCC.
LAND SURFACE MODIFlCATIO:N'
The applicant is requesting a land surfa~ modification perrnit to commence the stream
location work in adva.IJce of the issuance of the building permit for the Home Depot
building. At the hearing the applicaIJt also expressed interest L, commencing c.Jearing
and draining of the entire site. However, upon furLÌ!er considerntion, the applicant
decided to defer to the city's detern1Ì.Il2tion that such a request would not meet the
criteria ~t forLÌI in Section 22-1094 FWCC,
8,
Findings requiIed by Section 22-1094 FWCC to illow reloc.ation of the stream channel
in advance of the issua!Jce of the building permit are hereby made as follows:
A,
9.
The activities authorized by t.1-¡e site modification permit to inc1ude c1e.aring or
removal of trees, shrubs, ground cover and other vegetation and all grnding,
excavation and filling activities ....ill not alter or adverse]y affect streams, 1akes,
wetlands or significant trees either on or off the subject property. Erosion control
",ill be exercised during ill phases of the site prepararion, Restricting t.ie site
work to the stream loc.ation will afford protecrion for the balance of the site if for
some rwon the applicant does not proc.ee.d with the project.
B.
The issuance of the land surface modification perrrJt will not \lolate any express
policy of the city. The FWCC allows such permits prior to the issuance of a
valid building permit. .
C.
Issuance of the permit is justified by the improvements to the stream channe1
itself and to the functions and values of the stream. Funbermore, the Department
of Fisheries allows stream work onJy during the summer months, and without the
advance issuance of the permit to work in the strea,-¡¡, the 2pplicant' s development
cou1d be de1ayed unti1 the summer of 1994,
APPLICATION FOR HOME DEPOT STORE AND RETAIL PAD
Pursuant to Section 22-490 FWCC the City Council may 2pprove the application if the
criteria set fonh in sa.id section are met. Findings on e.ach criteria set fonh therein are
hereby made 2S fo]]0"-'5:
THE HOME DEPOT
Fll..E ,rupR92-0018j FWHE #93-4
PAGE 7
10,
11.
12.
13.
A.
B.
The project is consistent with the romprehensive plêJ1. The site is designated as
"Business" by the romprehensive p1êJ1 map and is zoned Community Business
District, Bo!h!he comprehensive' pJêJ1 and tÌle zone allow tÌle appliC2J1t's
proposed use.
The proposal is consistent with all applicabJe prO\lsjons of me City of Federal
Land Use ReguJarions, inc1uding those adopted by reference from Ù1e
comprehensive pJ2.11. Conditions of approval hereinafter address concerns
regarding fencing of the garde¡¡ center, pedestrian sidewalks, and shopping cart
collecrion areas, The proposed boundary line revision is consistent wi!h the intent
ofRCW 58,17,040(6).
The adminismtive determinations by the city staff concerning building and parking
placement and !he Jand surface modification permit are accurate. .
This proposal is consistent wi!h L1e public he.:Jth, safety 2.11d welfare. The project must
be designed a.,d constructed in accordance wi!h the zoning code 2nd applicable
development codes and regulations. Deve1opment of L1e site in accordance v.i!h said
codes and regulations will ensure L1at the public he.a1!h, safety a.,d welfare are protected,
14. .
Concerns nised bo!h at L1e hearing êJld by letter indude a co¡¡cern L12.t the applica..,t b=
its proportion21 shue for Lie trdfic signal at SR161 and 352nd Street to be instilled,
The benefactors of !he signal are Home Depot and E2gle Hudware, which companies.
are funding Ù1e entire cost of !he signal,
A concern W2S also nised regudi;¡g "'"'0 (2) competing stores (Horne Depot and Eagle
Hardware) directly across Ù1e street from each other. There ue no city code provisions
which limit Ù1e location of competing businesses, and competitors may locate in close
proximity to each oÙ1er depending on Ù1eir muketing smtegy. So long 2S the proposal
meets the requirements of the FNCC, L\¡e fact that a competing store is in !he area is not
grounds for disapprov21.
Concerns were also ¡-¿sed regarding the exp2nsion of 16Ù1 Avenue South to three (3)
lanes, including a center turn lane. The mitigated detennination of nonsignifiC2J1ce
issued on Apri118, 1993, requires, i¡¡ addirion to Ù1e signa1iz.ation of Sou!h 352nd Street
and SR161, the fonowing traffic improvements:
A.
Contribuûon towud signalization 2nd improvementS at Ù1e intersection of South
356th Street and SR161, and the inst.2JJaûon of a northbound !eft turn pocket at
sajd intersection.
TIlE HOJ\ΠDEPOT
mE #UPR92-0018j FWHE #93-4
PAGE 8
B.
C.
D.
E.
The project's prorata share toward a signal upgrade at the intersection of South
348th and 1st Avenue South.
A prorata sh2re of roadway v.idening and realignment of South 348th Street
between SR99 and 1-5.
A prorata share toward the improvement to Campus Drive between 7th Avenue
SW in the 34500 block.
Prorata contributions to roadway improvements for SR16l betv.'een SR18 and
South 360th Street.
The road improvements and signalization required by the environmental official 2re
sufficient to mitigate the traffic genented by the site.
IV. CONCLUSIO~S
From the foregoing findings the Hearing Exa¡mner made the foDo'wing conclusions:
1.
The Hearing Examiner has jurisdiction to consider and decide the issues presented by this
request.
The request to allow construction of a Home Depot Store; to rl:Ïocate an on site tributary
to the East Branch Hy1ebos Creek; to prep2re a 13,600 sqU2re foot retail pad; to reduce
the required setbacks from a major str= and wetland; and to obt2in a land surface
modification permit for work on t.}¡e str= prior to the issuance of a building permit
should all be granted, subject to the following conditions:
2.
. B,
A,
Grade 1evel parking lot sidewalks shall be textùred differently from the p2rking
lot surface to sigmfy a pedestria!1 wa1kway as required by the Director of
Community Development,
Appropriate can stonge facjJjties shall be designed within the parking lot outside
of proposed p2rking stal1s and required landscaping 10 co11ect shopping carts as
required by the Director of Community Development. .
c,
The applicant has requested a Land Surface Modification permit to begin c1earing,
grading, on-site preparation and stre.am relocation if given Process III approval
by the City Counci1 and prior to building permit approval, On1y site work specific
to constructing a new stream channe1 ".m be allowed prior to issuance of a valid
development permit. Mass c1ea.ring and grading of the site shal1 not begin until
building permit approva1.
THE HOME DEPOT
FILE #UPR92-0018j FWHE #93-4
PAGE 9
D.
Pursuant to section 18- 78 of Ùìe Environment.2l Protection Ordinance, all
mitigation measures of Ùìe ApfJ 18, 1993 determination of non significance an
incorporated by reference as conditions of Ùìis approv2.l. FaiJure to comply witb
tbe mitigation measures shalJ constitute grounds for suspension and/or revocation
of this approva1.
E.
The applicant shill rep1ace Ùìe proposed chain link sla fence v.'Îtb a fence to be
approved by tbe Department of Communj¡y Deve10pment.
F.
The applicant shall make applicarion for a Lot Line Adjustment in order to
combine tbe exisring two p~cels ir,to one, - S;--re.. ~ G.cc.""'~"7~'
V. RECm.ߌ)l.1)ATION
It is h~eby recommended to tbe City Council of tbe City of Federd Way tbat ill requests as set
fonh in Conclusion 2 above be groJ1ted, subject to tbe conditions contained in said conclusion,
vì. RIGHTS TO RECONSIDER4 nON A.:'\-:O CH ALLENGE
Any person who has a right to chalJenge a recommendarion under tbe Federd Way Zomng Code
may request tbe Hearing Examin~ to reconsider any aspect of ¡-.is or her recommendarion by
delivering a written request for reconsiderarion to Ùìe Planning Department within seven (7)
calendar days aftu tbe date of issuance of tbe Hearing Ex2.miner' s rec.ommendation. The person
requesting the reconsideration shall specify ¡., ùìe request what 25pect of the recommendation
he or she wishes to have reconsid~ed and Ùìe reason for tbe request. The distribution of tbe
request and the response to tbe request shill be gove.'11ed pursu2.nt to Ùìe provisions of the
Federal Way Zoning Code. Within ten (10) working days after receiving a request for
reconsideration, the Hearing Examiner shall notify Ùìe persons who have a right to appeal under
tbe Federal Way Zoning Code, whetber or not Ùìe recommend2.tion v.ill be reconsidered. The
Hearing Examiner may reconsider tbe recommendarion only if he or she concludes tbat tbere is
substanrial merit in tbe request. The process of Ùìe reconsiderc.tion wiU be followed in
accordance v.'Îth the Federal Way Zoning Code, The recommend2.tion of Ùìe Hearing Examiner
may be chal1enged by any person who is to receive a copy of that recommendation pursuant to
FWZC 155,60.6, That challenge, in Ùìe form of a 1etter of chalJenge, must be delivered to Ùìe
P1anning Department witbin fouI1een (14) calendar days after tbe issuance of tbe Hearing
Examiner's recommendation or, if a request for reconsideration is fiJed, Ùìen within foUI1een
(14) calendar days of eiÙìer the decision of Ùìe Hearing Examiner denying the request for
reconsideration or tbe reconsidered recommendation, The kiter of chalJenge must contain a
clear reference to tbe matter being challenged and a s!2.tement of tbe s¡:>edfic factual findings and
conclusions of the Hearing Examiner disputed by the person filing ¡he chalJenge, The person
TIlE HOME DEPOT
mE #UPR92-0018; FWHE #93-4
PAGE 10
filing the challenge shall inc1ude, with the letter of appeal, the fee established by the City. The
chalJenge 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 2nd day of June, 1993.
Examiner
1: 1!'TIC!OOSGIHÐC93" R.EC