Res 93-152
RESOLUTION NO.
93-152
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE APPLICATION BY FEDERAL WAY
SCHOOL DISTRICT #210 FOR ELEMENTARY SCHOOL #22
WHICH INCLUDES APPROVAL OF A 51,550 SQUARE
FOOT SCHOOL BUILDING, RELOCATION OF TWO (2)
EXISTING REGULATED WETLANDS, AND LOCATION OF
PROPOSED IMPROVEMENTS WITHIN A REGULATED
WETLAND SETBACK AREA; (FEDERAL WAY FILE NO.
92-0005-UPR, FEDERAL WAY HEARING EXAMINER
#93-7).
WHEREAS, the Applicant, the Federal Way School District
#210, has a possessory ownership interest in property totaling
approximately 10.0 acres located north of the proposed S.W. 352nd
Street, south of 5th Avenue S.W., east and south of the Campus
Highland Division V and west of the Emerald Forest Apartments; and
WHEREAS, the Applicant is proposing to improve the site
with an elementary school, with proposed improvements on the site
including
a
one-story
51,550
square
foot
elementary
school
building, separate vehicle and bus loading areas, site landscaping
and wetland enhancements; the site will have primary access from
the proposed S.W. 352nd Street and secondary access for emergency
vehicles from 5th Avenue S.W. ("Application "); and
WHEREAS,
the site is presently zoned RS9600,
single
family residential, and under RS9600 zoning classifications, a
school facility is a principally permitted use pursuant to section
22-639 of the Federal Way City Code ("FWCC") , subject to Process I
review and approval; and
RES #
93-152
, PAGE 1
COpy
WHEREAS,
the
Application
includes
a
request
for
modifications
to
the
requirement
of
the
FWCC,
including
the
relocation
of
existing
regulated
wetlands
(FWCC
§22-1358);
location of improvements within a regulated wetland setback area
(FWCC §22-1359); and
WHEREAS,
since the school facility development which
requires approval through Process I is joined with the request to
relocate regulated wetlands and request to locate improvements
within a regulated wetland setback area, which require approval
through Process III, the entire proposal has been considered under
Process III, Article VIII of the FWCC; and
WHEREAS, pursuant to Process III, the Federal Way Land
Use Hearing Examiner held a public hearing on the application on
July 13, 1993; and
WHEREAS, at the conclusion of said hearing, the Federal
Way
Land
Use
Examiner
issued
its
Findings,
Conclusions
and
Recommendation with Conditions on July 27, 1993; 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 FWCC; and
WHEREAS, the City council having considered the written
record and the Recommendation of the Hearing Examiner, pursuant to
Process
III,
Article
VIII
of
the
FWCC,
on
this
date;
NOW,
THEREFORE,
RES #
93-152
, PAGE 2
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
section 1.
The Findings, Conclusions and Recommendation
of the Federal Way Land Use Hearing Examiner issued on July 27,
1993, following a hearing held on July 13, 1993, which included a
recommendation to approve the Application for Elementary School
#22, Federal Way File #92-0005UPR, which included a recommendation
to approve the requested modifications for relocation of existing
regulated wetlands, and location of proposed improvements within a
regulated wetland setback area, all subject to certain conditions,
are hereby adopted as the Findings, Conclusions 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 Elementary School #22, Federal Way File #92-0005UPR, Federal
Way Hearing Examiner #93-7,
is hereby approved subject to the
conditions contained in the Recommendation of the Federal Way Land
Use Hearing Examiner Report for this matter dated July 27, 1993,
attached hereto as Exhibit A and incorporated by reference.
section 3.
The conditions of approval of the Application
are all integral to each other with respect to the Federal Way 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 jurisdiction of the subject
matter declare any of the conditions invalid then, in said event,
RES #
93-152
, PAGE 3
the
approved
Application
and
modifications
granted
in
this
resolution shall be deemed void,
and the 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
condi tions 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 City
ordinances, rules and regulations and forward such recommendation
to the City Council for further action.
section 4.
Severabi1itv.
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
September
, 1993
EY, CMC
RES #
93-152
, PAGE 4
APPROVED AS TO FORM:
~I;;~~O~YN A~
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 93-152
September 1,1993
September 7,1993
I:\la\common\kathleer\reso\elemt22
REst
93-152
, PAGE 5
EXHIBIT A
RECEI\IED
CITY OF FEDERAL WAY
.JUf29t::}
OFFICE OF THE HEARING EXAKlNER
/ ì'_'}~~~:.':;=r",=
- ".~ ; ,;.:f
RECEIVED
IN TEE MATTER OF:
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WAY ELEl~NT~~Y SCBOû~ )
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J U L 3 0 1993
FEDERAL
#22
FWEE#: 93-7
FILE i: UFR92-0005
~¡:¡)=<;AL WAY
C¡Tf ATTOP':,EY
I.
SUMMARY OF APPLICATION
Federal Way School District #210 requests process III approval
to construct a new public school known as Elementary School #22.
The proposed project includes a one-story 5l,550 square foot school
building, separate bus and car loading areas, parking areas for
employees and parents, two vehicular access points, site
landscaping and wetland enhancements. Four classrooms (modular
buildings) depicted on the site plan are included in this
application and may be installed by the School District (District)
at a future date as student enrollment increases beyond target
enrollment levels..
II.
PROCEDURAL INFORMATION
Bearing Date: July 13, 1993
Decision Date: July 27, 1993
At the hearing the following presented testimony and evidence:
1.
Eugene Smith - Federal Way School District - 31405 18th
Ave. South, Federal Way, WA 98093
2.
Robert Armstrong - Barghausen Engineers - 18215 72nd Ave.
South - Kent, WA
3.
Ron Garrow - City of Federal Way, Public Works - 33530 -
1st Way South, Federal Way, WA 98003
4.
Don Fountain, Assistant Superintendent, Federal Way
School District - 31405 18th Ave. South, Federal Way, WA
98093
EXHIBIT A
FWREI - 93-7
UPR92-0005
Page - 2
5.
Londi Lindell - Deputy City Attorney, City of Federal Way
33530 - 1st Way South, Federal Way, WA 98003
At the hearing the following exhibits were admitted as part of the
official record of these proceedings:
Staff Report
A Vicinity Map
B Land Use Map
'C SEPA Mitigated Deten:lÍnation of Nonsignificance,
issued August 24, 1992
SEPA Checklist
Emerald Forest Apartments 9/9/92 SEPA Appeal
Emerald Forest Apartments 4/26/93 SEPA Appeal
Withdrawal
Newhall Jones 9/9/92 SEPA Appeal
Newhall Jones 3/9/93.SEPA Appeal Withdrawal
City o~ Federal Way 9/9/92 SEPA Appeal
City of Federal Way 6/7/92 SEPA Appeal withdrawal
'Wetland Determination for the Proposed Federal Way
School District Elementary School Site #22',
prepared by David Evans and Associates, dated
October 15, 1991 (copy provided to Hearing Examiner
only)
'Impact Assessment and Conceptual Mitigation Plan
for the Federal Way School District Elementary
School 122', prepared by David Evans and
Associates, dated July 20, 1992 (copy provided to
Bearing Examiner only)
'Significant Tree Study of the Federal Way School
District Elementary School #22', prepared by David
Evans and Associates Inc., dated April 3, 1992
(copy provided to Bearing Examiner only)
Geotechnical report prepared by Applied
Geotechnology Inc., dated July 13, 1992 (copy
provided to Bearing Examiner only)
Geotechnical engineering letter prepared by Applied
Geotechnology Inc. dated March 2, 1993 (copy
provided to Bearing Examiner only)
Traffic study prepared by TRÞ~SPO, dated September
25, 1992 (copy provided to Bearing Examiner only)
Level One Downstream Analysis prepared by David
Evans and Associates, dated July 28, 1992 (copy
provided to the Bearing Examiner only)
Topography Survey, Sheet PR-l, submitted 3/19/93
(full size drawing provided to Bearing Examiner
only)
1.
N
0
P
Q
AA
D
E
F
G
B
I
J
K
L
M
FWHEi - 93-7
UPR92-000S
Page - 3
.1.
2.
3.
4.
BB
cc
DD
EE
FF
GG
HH
II
2.
Site Plan, Sheet PR-2, submitted 3/19/93 (full size
drawing provided to Bearing Examiner only)
Building Elevations, Sheet PR-3, submitted 3/l9/93
(full size drawing provided to Bearing ExalIlÌner
only)
Storm Drainage and Grading Plan, Sheet PR-4,
submitted 3/19/93 (full size drawing provided to
Bearing Examiner only)
Planting Plan, Sheet PR-S, sub~tted 3/19/93 (full
size drawing provided to 2earing Examiner only)
General Notes and Planting Schedule and Details,
Sheet PR-6, submitted 3/19/93 (full size drawing
provided to Hearing Examiner only)
East Basin Storm Drain Notes and Details, Sheet PR-
7, submitted 3/19/93 (full size drawing provided to
Hearing Examiner only)
Wetland Mitigation Plan, Sheet PR-8, submitted
3/19/93 (full size drawing provided to Bearing
Examinèr only)
Wetlands Mitigation Notes and Details, Sheet PR-9,
submitted 3/19/93 (full size drawing provided to
Bearing Examiner only)
Letter to ExalllÌner dated July 13, 1993, from Robert J.
Annstrong, Principal Engineer, Barghausen Consul ting
Engineers, Inc.
III.
FINDINGS
The Bearing Examiner has heard testimony, viewed the site and
taken this matter under advisement.
The Community Development Depa~ùDent staff report sets forth
general findings, applicable policies and provisions in this
matter, and is hereby marked as Exhibit 1 and incorporated in
this report by reference as though set forth in full herein.
All appropriate notices were delivered in accordance with the
requirements of the Federal Way Zoning Code.
On August 24,1992 the District issued an environmental (SEPA)
Determination of Nonsignificance (DNS) for the development
proposal (Exhibit C). Mitigation measures were specified in
the environmental checklist (Exhibit D). The determination
was based on review of infonnation in the project file
including the environmental checklist, comments received
during the city's pre application review and related technical
documents. The District's SEPA responsible official
FWHE# - 93-7
uPR92-0D05
Page - 4
determined the proposal would not result in probable
significant adverse impacts on the environment provided
certain measures, specified in the checklist, were completed.
Affected agencies and the public were offered the opportunity
to comment on or appeal the determination for 15 days.
Three SEPA appeals were filed with the District within the
comment and appeal period. Emerald Forest Apartments,
Barghausen Consulting Engineers (on the behalf of Newhall
.. Jones, Inc. , the ow-ners a!lå developers of the aåj acent
Bellacarino Woods subdivision), and the City of Federal Way
each filed a SEPA appeal during the 15 day comment and appeal
period of the DNS.
Emerald Forest Apartments appeal, filed September 9, 1992,
centered around landscaping between the two developments and
sanitary sewer easement impacts (Exhibit E). These issues
were successfully mitigated and the appeal withdrawn on April
26, 1993 (Exhibit F).
Newhall Jones appeal, filed September 9, 1992, centered around
upgrading a road through the proposed Bellacarino Woods
approved preliminary plat for school use, south property line
landscaping between the two developments and drainage impacts
(Exhibit G). These issues were successfully mitigated and the
appeal withdrawn on March 9, 1993 (Exhibit B).
Federal Way appeal, filed September 9, 1992, centered around
on-site drainage control, aquifer recharge a.nd traffic impacts
(Exhibit I). These issues were successfully mitigated, as
described below, and the appeal withdrawn on June 7, 1993
(Exhibit J).
5.
The applicant has a possessory ownership interest in a ten
acre parcel of property located north of SW 340th Street and
the approved preliminary plat of Bellacarino Woods. The site
is south of 5th Avenue SW, east of the plat of Ca1I\pUS
Highlands Division V and west of Emerald Forest Apartments.
The applicant is requesting Process III approval to allow
construction of a new public elementary school which will
include a one story 51,550 square foot building, separate bus
and car loading areas, parking areas for employees and
parents, one public vehicular access point, one emergency
access point, landscaping, and wetland enhancement. The
applicant is further requesting approval for four modular
classroom buildings to accommodate future students.
8.
9.
10.
FWREII - 93-7
UPR92-0005
Page - 5
6.
A review of the site plan reveals that the primary access is
proposed from the south via 352nd Street with the emergency
vehicle access from the north via 5th Ave. SW. Visitor
parking is provided in the SW corner with the bus turnaround
in the center of the site. The school building is in the east
central portion of the site. A ball field and recreation area
are located in the southwest corner. In the northwest corner
of the site is a significant wetland area. Both public water
and sewer are available to serve the site.
7.
The site is zoned RS-9.6 which zone classification authorizes
a school facility as a principally permitted use subject to
Process I approval. According to Section 22-386 of the
Federal Way Zoning Code, the Director of Community Development
makes the initial decision as to approval or disapproval with
appeals decided by the hearing examiner following a public
hearing. However, in order to develop the site, the applicant
must fill two regulated wetlands and locate improvements in a
regulated wetland setback. Improvements in regulated wetland
setbacks and wetland intrusions are allowed subject to the
Process II and Process III approval procedure which requires
a public hearing and recommendation by the hearing examiner to
the Federal Way City Council. The Planning Director
determined that due to the nature and relationship between the
wetland and site design elements, the entire project should be
reviewed under Process III.
The applicant commissioned a geotechnical engineering study by
Applied Geotechnology, Inc., which in its report dated July
l3, 1992 (Exhibit N), established that the site.is covered
predominantly by weathered till overlain by dense glacial
till. The glacial till has very low permeability and limits
the amount of infiltration into any subsurface aquifers. All
development activities will be in accordance with the
recommendations and conclusions contained in said study.
This application is vested under the landscape requirements in
effect prior to May 20, 1993, the effective date of the new
landscape code. The applicant's landscape plan satisfies
applicable landscape requirements.
The applicant commissioned a significant tree study by David
Evans and Associates which was submitted April 3, 1992.
Approximately 803 significant trees were identified on the
site, and Section 22-1566 FWCC requires the retention or
replacement of 25% or 201 significant trees. The applicant's
plan satisfies this ordinance requirement by retaining 49
trees and planting 152 new significant trees.
FWRE# - 93-7
tJI'R92-0005
Page - 6
11.
12.
13.
l4.
15.
The site provides habitat for small mammals, rodents,
reptiles, song birds, and insects. However, there axe no
endangered, threatened, or other regulated species on the
site.
The site is located in an area designated as an aquifer
recharge area for the Redondo-Milton Channel aquifer. The
geotechnical engineering study establishes that the site is
underlain with a very low permeable till which limits surface
w~ter infiltration. The geotechnical réport establishes that
development of the site will not adversely impact the Redondo-
Milton Channel aquifer.
The site is located in an urbanizing neighborhood which
consists of both single family and multi-family development,
and which generates the need for the school. The entire area
is designated as Suburban Residential by the City of Federal
Way Comprehensive Plan, and schools are a part of a Suburban
Residential community. The site is a convenient location for
an elementary school and will provide walking access for many
students.
Section 22-15172 FWCC sets forth perimeter buffering or
landscaping requirements. Section 22-1574 FWCC allows an
applicant to request a modification from the city of said
requirements. The applicant has requested a modification
based upon the existing topography of the site and adjoining
property which decreases the need for buffering. The property
to the north is approximately 13 feet higher than the proposed
finished floor elevation of the school. The property to the
east is approximately nine feet lower, and the property to the
south is 15 feet lower than said proposed floor elevation.
The elevation differences provide natural screening and
augment the school's proposed landscape plan. Furthermore,
abutting property owners have reviewed and agreed to the
modified perimeter buffers. Therefore, the applicant's
modification request is appropriate and should be approved.
Vehicular access to the site will be via an extension of 5th
Avenue SW from SW 352nd Street. Both roads are classified as
neighborhood access streets and will be constructed with full
vertical curbs and sidewalks on both sides. The emergency
vehicular access proposed from 5th Avenue SW to the north of
the site will be a 20 foot wide road improved with asphalt.
5th Avenue SW to the north is a residential collector street.
Access to the site is adequate as proposed.
FWEE# - 93-7
UPR92-0005
Page - 7
17.
18.
19.
16.
The applicant commissioned a traffic study by TRANSPO which
was submitted on September 25, 1992. The project will
generate approximately 140 vehicle trips per day with 36
occurring during the peak hour which is defined as 2:30 to
3:30 p.m. The applicant is also providing pedestrian access
from the north, east, and south with sidewalks generally
paralleling the principal access and emergency access, and a
third pathway extending to the site from the Emerald Forest
Apartments to the east. No pedestrian access is provided to
the west.
Both 352nd Street and 5th Avenue SW are part of the
preliminary plat of Bellacarino Woods. Depending upon timing
of the projects, either the school or the plat developer will
construct both roads. The other party will then contribute
its fair share of the cost of the roads at the time its
development is constructed. In addition, the applicant has
agreed to contribute $29,600.00 to the cost of signalization
of the SW 356th' Street/8th Avenue SW intersection, and to
contribute up to $6,000-.00 toward neighborhood traffic
mitigation measures on SW 352nd Street if the city determines
that there is a need. Included within such mitigation would
be crosswalks and speed bumps. These funds would be held for
a period of five years and returned to the applicant if they
are not used.
Two vehicular accesses are provided for emergency vehicles,
and the amount of fire flow substantially exceeds ordinance
requirements. Seven fire hydrants are provided on the site.
Therefore, adequate fire protection and emergency services are
available.
Development of the site will create substantial impervious
surfaces and the contribution of pollutants to ground and
surface water. The applicant will be required to construct an
on site stonn water system which will comply with the
requirements of the 1990 King County Surface Water Design
Manual and the recommendations of the Eylebos Creek and lower
Puget Sound Basin Plan. These requirements include storm
water detention, biofiltration, and oil-water separators. The
applicant is also required to perform a Level II downstream
analysis which will quantify the deficiencies in downstream
facili ties and assist in sizing the applicant's detention
facility. Adequate stOrE drainage facilities will be
constructed, and down stream properties and ground water will
be protected.
FWREt - 93-7
U"PR92-0005
Page - 8
20.
21.
22.
The applicant commissioned a wetlands study of the site by
David Evans and Associates, a qualified wetlands expert. A
wetland determination was submitted on October 15, 1991, and
the conceptual mitigation plan on July 20, 1992. Both reports
satisfied requirements of the Federal Way City Code and are
supported by the city. The reports identify three on site
wetlands as follows:
A.
Wetland A in the northwest c'orner of the site contains
6,142 s~~are feet anå is a scrub sh~ wetlanå with low
functional value. It extends offsite to the north;
B.
Wetland B contains 1,786 square feet and is classified as
a forested wetland with low functional value. It is
located near the east property line and is proposed to be
filled;
Wetland C contains 87 square feet and is classified as an
emergent marsh wetland with low functional value. It is
proposed to be filled.
To compensate for the loss of Wetlands B and C, the applicant
proposes the creation of 5,662 square feet of scrub shrub
wetland within the setback area of Wetland A. The amount of
created wetland is slightly more than the 3-1 ratio required
by Section 22-1350 FWCC. The applicant must prepare a final
wetland mitigation plan which will specifically identify the
amount of excavation or fill necessary for the wetland
creation project as well as other requirements of Section 22-
l358(E) (l) FWCC. Included within the mitigation are the
planting of three stands of significant trees within the
setback to meet the significant tree replacement requirement.
C.
In order to implement its wetland mitigation plan, the
applicant must obtain approval to locate improvements within
the regulated wetland setback of Wetland A. Such improvements
include the planting of the significant trees and the creation
of the 5,662 square feet of forested scrub shrub wetland. In
order to obtain approval for the improvements, the applicant
must establish that its reQUest meets the criteria set forth
in Section 22-443 FWCC. Findings required on each criteria
are hereby made as follows:
A.
The proposed improvement within the setback area will not
adversely affect water quality. The applicant will
protect disturbed areas by implementing erosion control
measures and landscaping. Furthermore, drainage from the
school will be routed away from the wetland to minimize
FWHEt - 93-7
UPR92-0005
Page - 9
D.
E.
F.
23.
the potential for contamination.
B.
The improvements will not destroy or damage a significant
habitat area. The wetland determination verified that
there are few animals other than birds within the wetland
and buffer. The habitat value is low and the enhancement
will provide increased habitat value.
c.
The improvements will not adversely affect drainage or
storm water retention capabilities. There will be an
increase in storm water retention capacity as the filled
wetlands are isolated and receive limited runoff from
surrounding areas. The larger Wetland A will have
greater water holding capacity and enhanced storm water
retention capabilities.
The improvements will not lead to unstable earth
conditions or create erosion hazards. Erosion control
methods may include the limitation of development
activities to specific months of the year and the
planting of fast growing ground cover. A city approved
temporary erosion/sedimentation control plan 'must be
implemented during the construction process.
The improvements 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 vista. The 100 foot wide setback area will
enclose the new wetland and will extend offsite.
Adjacent properties will not be adversely impacted. There
are no designated scenic vistas in this location.
The intrusion is necessary for reasonable development of
the subject property into an elementary school. The
applicant is providing the minimum intrusion necessary
and meets all decisional criteria. The intrusion is
necessary to allow the filling of two wetlands on site
which is necessary to allow a reasonable use of the site.
The applicant is requesting the authority to fill Wetlands B
and C and in order to do so must meet the criteria set forth
in Section 22-1358 (D) FWCC. Findings required by each
criteria are hereby made as follows:
A.
The intrusion will not adversely affect water quality.
The enhanced wetland will have a vegetated area
approximately three times larger than that of the two
smaller wetlands to be filled. The enhanced wetland will
FWREt - 93-7
UPR92-000S
Page - 10
E.
G.
B.
1.
have more water
currently exists.
quali ty
improvement
potential
than
B.
The intrusion will not destroy or damage a significant
habitat. Wetlands Band C have low species diversity,
little complexity in the structure of the plant
communi ty, and provide little wetland type cover and
foraging area for wildlife. The enhanced wetland will be
more densely vegetated and will have a greater species
'and 5t~~ctural diversity. Wetland A will also offer a
natural extension to the existing on-and offsite wetland
that already serves as a wildlife habitat corridor.
Enhancement of Wetland A will increase wildlife habitat
value.
c.
The filling will not adversely affect drainage or storm
water retention.capabilities.
D.
The filling will not lead to unstable earth conditions
nor create erosion hazards.
The filling will not be materially detrimental to any
other property in the area of the subject property, nor
to the city as a whole including the loss of significant
open space or scenic vistas.
F.
The filling will result in a net gain in the amount of
wetland. Wetland functions and values will be enhanced
by relocating two small isolated wetlands to a larger
wetland.
The project is in the best interest of the public health,
safety, and welfare. The filling of the wetlands will
allow implementation of the City's comprehensive plan
policies and zoning code design requirements as they
relate to the siting and construction of new schools.
The applicant has demonstrated sufficient scientific
expertise and supervisory capabilities to carry out the
project. The city will further ensure that this criteria
is satisfied prior to the issuance of construction
permits. The city will select a qualified professional
agency to review the wetland mitigation report, conduct
inspections, and verify that the project complies with
the requirements of the mitigation plan.
The applicant is committed to monitoring the project and
making corrections if the project fails to meet its
FWEE# - 93-7
UPR92-0005
Page - 11
24.
A.
B.
C.
25.
goals. The monitoring and maintenance of the wetland will
be continued for five years as required by Section 22-
l358(l)(E) FWCC.
Prior to recommending approval of a proposal to the Federal
Way City Council, the examiner must find that the proposal
satisfies the decisional criteria contained in Section 22-
487(C) FWCC. Findings required on each criteria are hereby
made as follows:
The proposal is consistent with the City of Federal Way
Comprehensive Plan. The Suburban Residential designation
is intended to provide stable and attractive neighborhood
environments close to schools and other community
facilities. A public school is a compatible land use and
is necessary to a complete neighborhood environment.
The proposal is consistent with all applicable provisions
of the code including those adopted by reference from the
comprehensive plan. Development 0,£ the site must comply
with the Federal Way Environmental Policy Code, Methods
to Mitigate Development Impacts Code, Federal Way City
Code, and all other applicable development codes and
regulations. The application will meet all applicable
codes if it is developed in accordance with the
recommended conditions of approval.
The proposal is consistent with the public health,
safety, and welfare. All applicable state and local
public health and safety regulations will be met prior to
issuance of the certificate of occupancy. The proposed
elementary school will serve the increasing elementary
school population in the vicinity, and will ease
overcrowding at other elementary schools. Approval of
this application is, therefore, consistent with the
public welfare.
Concerns were raised by the owner of the Bellacarino Woods
preliminary plat who requested three additional conditions.
These conditions are discussed as follows:
A.
The request for the school to pay the additional cost of
construction of 352nd Street and 5th Avenue SW due to
thicker pavement required for bus traffic is premature.
The school will be requesting a variance from the three
inch asphalt requirement for buses to two inches which is
the standard for public streets. In addition, the City
has the mechanism for a latecomer's agreement and other
FWHEti - 93-7
UPR92-0005
Page - 12
B.
methods to ensure that each party will pay
proportionate share of the street improvements.
The applicant is contributing its pro rata share of the
signal construction at SW 356th Street and 8th Avenue SW.
its
C.
The third request is for a blanket condition requiring
that the school district pay for any impact on
Bellacarino Woods that the City imposes on the plat as a
result of the development of the school. This requeste¿
condition is not appropriate as there must be a nexus
between the impacts on Bellacarino Woods and the
development of the school. Furthermore, the preliminary
plat of Bellacarino Woods has already been approved and
is subjected to conditions of approval. No additional
conditions may be added following preliminary plat
approval.
IV.
CONCLUSIONS
From the foregoing findings
following conclusions:
l.
the
Bearing
Examiner
makes
the
The Bearing Examiner has jurisdiction to consider and decide
the issues presented by this request.
2.
The applicant's request to construct an elementary school is
consistent with all applicable codes and regulations of the
City of Federal Way.
3.
The request to locate improvements within a regulated wetland
setback and to intrude into regulated wetlands meets the
requirements of Sections 22-1359 and 22-1358 of the Federal
Way City Code and should be approved.
4.
1.
All approvals should be subject to the following conditions:
2.
The four future classrooms depicted as "FUTURE PORTABLES"
are approved as shown on drawing sheet PR-2 (Exhibit V).
Building penni ts for each structure must be obtained
prior to installation.
The School District shall prepare a Level II downstream
drainage analysis for the east basin of the site. This
analysis will be used to ascertain the conveyance
capabilities of the drainage system through the Emerald
Forest Apartments complex to the Bylebos Wetland east of
1st Avenue South. If a deficiency is determined, the on-
FWHEII - 93-7
UPR92-0005
Page - 13
6.
7.
site detention system for Elementary School 1122 shall be
increased to compensate for a reduced release rate from
the site in order to mitigate the lack of conveyance
capacity. This analysis shall be provided, reviewed and
accepted by the city prior to issuance of any building
permit for the development.
3.
All development activities shall conform to the
recommendations and conclusions contained in the
"-Geotechnical Engineering Study" ¿ateå July 13, 1992, by
Applied Geotechnology, Inc., as required by the Public
Works Director and Building Official. Supplemental
geotechnical analysis and recommendations may be required
by the Public Works Director or Building Official prior
to receiving engineering plan approval.
4.
The School District shall submit a final wetland
mitigation plan with the building permit for city review
and approval.
All required wetland mitigation improvements to Wetland
A, except monitoring, shall be completed and accepted by
the Director of Community Development prior to beginning
activities that will disturb Wetlands B and C. All
mitigation improvements shall be timed to reduce impacts
to existing plants and animals.
5.
The School District shall pay for services of a qualified
professional selected and retained by the City to review
the final wetland mitigation plan and other relevant
information, conduct periodic inspections through the
construction phase, issue a written report to the
Director of Community Development stating the project
complies with requirements of the mitigation plan, and to
conduct and report to the Director on the status of the
monitoring program. This condition shall be met prior to
issuance of any building permit for the development.
Construction and occupancy of the proposed school is
contingent on construction of both SW 352nd Street and
5th Avenue SW for vehicular access. In the event that
Bellacarino Woods is not constructed, or the timing of
the development is not in concert with the proposed
school development, the School District shall be required
to construct a roadway access and associated drainage
improvements from the school, either south to SW 356th
Street or north to 5th Avenue SW which are acceptable to
the city. A latecomer's agreement or agreement between
FWRE# - 93-7
UPR92-000S
Page - 14
property owners or other method shall be used to ensure
that the school district and Bellacarino Woods pay their
proportionate share for the construction of said roads.
RECOJOŒNDATION:
It is hereby recommended to the City Council of the City of
Federal Way that the construction of a new elementary school on a
ten acre site north of the proposed SW 340th Street and the
~pprove¿ prel£min~ry plat of Bellacarino Woods; and south of 5th
Avenùe SWi east of the plat of Campus Highlands Division vi and
west of Emerald Forest Aparbnents be approved. It is further
recommended that the requests to locate improvements within
regulated wetland setbacKs and to intrude into regulated wetlands
be approved. All such approvals should be subject to the conditions
contained in the conclusions above.
DATED THIS ;;¿7:C- DAY OF
FWHEiI - 93-7
uPR92-0005
Page - 15
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 Bearing ExaJIÚ.ner 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
Bearing ExaJIÚ.ner' 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 Bearing 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 Bearing Examiner may reconsider the
recommendation only if he or she concludes that there is
substantial merit ïn the request. The process of the
reconsideration will be followed in accordance with the Federal Way
Zoning Code. The recommendation of the Bearing Examiner
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 delivered to the Planning
Department within fourteen (l4) calendar days after the issuance of
the Bearing Examiner's recommendation or, if a request for
reconsideration is filed, then within fourteen (14) calendar days
of either the decision of the Bearing 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 Bearing 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 Bearing Examiner may be
challenged whether or not there was a request to reconsider the
Bearing Examiner's recommendation.