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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: ) ) ) ) WAY ELEl~NT~~Y SCBOû~ ) ) ) ) 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.