Res 94-163
RESOLUTION NO.
94-163
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE APPLICATION BY THE QUADRANT
CORPORATION FOR CONSTRUCTION OF A 88,130
SQUARE FOOT, TWO (2) STORY OFFICE AND RESEARCH
FACILITY FOR PARAGON TRADE BRANDS, INC.;
(FEDERAL WAY FILE NO. 93-0007, FEDERAL WAY
HEARING EXAMINER NO. 94-4).
WHEREAS, The Quadrant Corporation ("Applicant"), has a
possessory ownership interest in property totaling approximately
5.8 acres located between South 333rd and South 334th Streets, and
west of 8th Avenue South, Federal Way, Washington ("Property"); and
WHEREAS,
the Applicant
is proposing to construct an
88,130 square foot, two (2) story office and research facility for
Paragon Trade Brands, Inc. on the Property and is proposing access
at four (4) locations:
one (1) access on South 333rd Street, two
(2) access points on South 334th Street and one (1) access on 8th
Avenue South ("Application"); and
WHEREAS,
the Property is presently zoned Office Park
("OP"), and under OP zoning, sites exceeding five (5) acres are
subject to Process III review and approval pursuant to Federal Way
city Code ("FWCC") section 22-826; and
WHEREAS, a mitigated determination of non-significance
("MDNS")
was
issued by the city of Federal Way I s Responsible
Official for this Application on November 16,1993, pursuant to the
.
FWCC and the State Environmental Policy Act ("SEPA") and the MDNS
was not appealed; and
RES #
94-163
, PAGE 1
co-=,y
WHEREAS,
all
public
notices
having
duly
been given
pursuant to FWCC Section 22-480; and
WHEREAS, pursuant to FWCC section 22-482, the Federal Way
Land Use Hearing Examiner held a public hearing on the application
on January 4, 1994; and
WHEREAS, at the conclusion of said hearinq, the Federal
Way
Land
Use
Examiner
issued
its
Findings,
Conclusions
and
Recommendation with conditions on January 18, 1994; 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,
FWCC section 490 (d)
contains the decisional
criteria for the Federal Way city Council's consideration of a
Process III application; and
WHEREAS,
this
matter having
been
considered
by
the
Federal Way city Council Land Use/Transportation committee at its
meeting on February 8,
1994,
for the purpose of
issuing
its
recommendation for conditional approval of the Application to the
full city council; and
WHEREAS, the city Council having considered the written
record and the Recommendation of the Hearing Examiner, pursuant to
FWCC section 22-490 on this date; NOW, THEREFORE,
RES #
94-163
, PAGE 2
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1.
Findinqs of Fact. Conclusions and Decision.
The Findings of Fact and Conclusions of Law contained in the
Recommendation of the Federal Way Land Use Hearing Examiner issued
on January 18, 1994, following a public hearing held on January 4,
1994,
a copy of which is attached hereto as Exhibit "A"
and
incorporated by this reference ("Recommendation"), which included
a recommendation to approve the Application for a proposed 88,130
square foot,
two
(2)
story office and research facility,
all
subject to certain SEPA mitigating conditions as set forth in the
MDNS, are hereby adopted as the Findings of Fact and Conclusions of
Law of the Federal Way City Council.
section 2.
Application Approval.
Based upon the Federal
Way City Council's Findings of Fact and Conclusions of Law, as
adopted by the city Council pursuant to section 1 herein,
the
Application for the Paragon Office and Research Facility, Federal
Way File No. UPR 93-0007, Federal Way Hearing Examiner No. 94-4, is
hereby approved subject to the SEPA MDNS conditions contained in
the Recommendation.
section
3.
Conditions
of
Approval
Inteqral.
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
RES #
94-163
, PAGE 3
conditions invalid then, in said event, the approved Application
and modifications granted in this resolution shall be deemed void,
and the Application shall be remanded to the city of Federal Way
Land Use Hearing Examiner to review the impacts of the invalidation
of
any
condition
or
conditions
and
conduct
such
additional
proceedings as are necessary to insure that the Application 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.
Severability.
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.
Ratification.
Any act consistent with the
authority and prior to the effective date of the resolution is
hereby ratified and affirmed.
section 6.
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
February
, 1994.
CITY OF FEDERAL WAY
MA7{l,~~ G1C~
RES #
94-163
, PAGE 4
ATTEST:
//\ 11
({,~~AN~' œc
/
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 94-163
February 9, 1994
February 15, 1994
K:\common\reso\paragon
Rev. 02/09/94
RES #
94-l63
, PAGE 5
«
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EXHIBIT "A"
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF:
PARAGON OFFICE AND RESEARCH
FACILITY
FWHE#: 94-4
FILE #: UPR93-0007
SEP93-0009
SPR93-0016
I.
SUMMARY OF APPLICATION
The proposal is to construct an 88,130 square foot, two story
office and research facility on a 5.8 acre site for Paragon Trade
Brands, Inc. Existing zoning for subject site is Office Park (OP).
Access is proposed at four locations. One along South 333rd
Street, two along South 334th street, and one along 8th Avenue
South.
II.
PROCEDURAL INFORMATION
Hearing Date: January 4, 1994
Decision Date: January l8, 1994
At the hearing the following presented testimony and evidence:
1.
Stephen Clifton, Senior Planner, City of Federal Way
33530 - lst Way South, Federal Way, WA 98003
2.
George Sherwin, P.O. Box 130, Bellevue, WA
98009
At the hearing the following exhibits were admitted as part of the
official record of these proceedings:
1.
Staff Report with all attachments.
III.
FINDINGS
1.
The Hearing Examiner has heard testimony, admitted documeatary
evidence into the record, and taken this matter under
advisement.
2.
The Community Development Department staff report sets forth
general findings, applicable policies and provisions in this
3.
4.
5.
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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.
Pursuant to the State Environmental Policy Act (SEPA), RCW
43.2lC, the responsible official of the City of Federal Way
issued a Mitigated Determination of Nonsignificance (MDNS) for
the proposed development on November 16, 1993. The
determination was based on review of information in the
project file including the environmental checklist, and site
visits resulting in the conclusion that the proposal would not
result in probably significant adverse impacts on the
environment provided that the applicant complies with the SEPA
conditions. Affected agencies, tribes, and the public were
offered the opportunity to comment on or appeal the
determination for 29 days.
The Quadrant Corporation has a possessory ownership interest
in a 5.8 acre rectangular shaped parcel of property bord~red
on the north by South 333rd Street, on the east by 8th Avenue
South, and on the south by South 334th Street within the City
of Federal Way. The applicant is proposing to improve the
site with an 88,130 square foot, two story office and research
facility and associated parking. Following construction the
building will become the home office of Paragon Trade Brands,
Inc. Paragon is currently operating its business at several
locations and will consolidate its operation at this site upon
completion. In the balance of the Findings, Conclusions, and
Decision, the Quadrant Corporation and Paragon Trade Brands,
Inc., are collectively referred to collectively as the
"applicant" .
6.
Topography of the site varies from areas which are virtually
flat to 27% slopes. Soils are Everett Alderwood gravelly
sandy loam which have slight to moderate erosion potential and
slow to medium storm water runoff. The applicant must prepare
a temporary erosion/sedimentation control plan to address
erosion as part of the development process.
7.
The applicant proposes to direct site generated storm water
into an existing storm water system located in South 334th
street. This system empties into Lake No.3, which in turn
drains into Lake Nos. 1 and 6. While Lake No.3 has sufficient
storm water capacity to handle runoff from the site, Lakes 1
and 6 have insufficient capacity and SEPA mitigating measures
address this issue. It is noted that the Franciscan ~ealth
Services project will increase the storage capacity of Lake
No.6 sufficient to handle the entire drainage basin upon
complete development. The applicant has agreed to all
mitigating measures set forth in the MDNS which will ensure
proper drainage for the site.
8.
9.
lO.
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The site is presently undeveloped and heavily wooded with
second and third growth coniferous and broad-leafed trees.
Birds and small animals are found on the site consistent with
said vege"tation. There are no sensitive plant or animal
species on site nor sensitive areas such as wetlands and steep
slopes which require protection.
The site is located in an urbanized neighborhood with all
utilities and services available. Office uses surround the
site in all directions. The applicant's proposal will blend in
well with existing development and will complement the area.
A review of the site plan reveals that the office building is
proposed for the west central portion of the site. Parking
lots are located between the building and all bordering
streets. Section 22-1441(a) of the Federal Way city Code
(FWCC) states that "Wherever feasible...buildings...should be
located between the street and the parking area." The
applicant submitted a request to the Director of the
Department of Community Development that the requirement of
said section not be imposed as the design criteria and site
characteristics will not allow the separation requirement.
The Director agreed with the applicant and granted the
request. Since the property is bordered by three streets, it
would be extremely difficult, if not impossible, to locate the
building between parking and the streets. The applicant's site
plan provides a campus setting, maximizing retention of
existing trees and screening from adjacent roadways. The plan
also minimizes grading and allows the maximum retention of
significant trees. The applicant has also provided extensive
landscaping on perimeter streets, and the interior property
line which will ensure visual compatibility. For the above
stated reasons as well as other reasons contained in Exhibit
"R" to the staff report, the Director's decision to waive the
requirements of section 22-l44l(a) FWCC is well founded and
correct.
l2.
The applicant commissioned the Transpo Group to perform a
traffic impact analysis for the project. This analysis was
submitted May 3, 1993 (Exhibit "I" to Staff Report), and was
approved by the Department of Public Works. The traffic study
establishes that the site will generate approximately l,l40
vehicle trips per day. While such traffic volume will not
create the need to construct new roadways or traffic safety
improvements, the applicant is required to make pro rata share
contributions to mitigate traffic impacts at four locations as
set forth in mitigating measure number two in the MDNS.'
The site is located within the boundaries of the Interim 1990
Federal Way Comprehensive Plan which designates the area as
Industrial/Office Park. The applicant's proposal complies
with the intent of the comprehensive plan by providing
sidewalks for improved pedestrian circulation, landscaping,
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trip reduction measures, local access street entry, and the
preparation of a temporary erosion/sedimentation control plan.
The proposed two story office and research facility is an
allowed use in the current zoning classification of Office
Park.
Under the OP zoning, sites exceeding five acres in size are
subject to Process III review pursuant to Article VIII FWCC.
Section 22-484 FWCC provides that the applicant has the burden
of proof of showing that it is entitled to the requested land
use. Section 22-487 FWCC requires the hearing examiner to make
a recommendation of approval to the Federal Way City Council
if the Examiner finds that the applicant's project satisfies
the criteria set forth in Section 22-490(D) FWCC. Findings
required on each criteria set forth therein are hereby made as
follows:
A.
The applicant's project is consistent with the Interim
1990 Federal Way Comprehensive Plan which designates the
site as Industrial/Office Park. Furthermore, the
applicant's proposed use is allowed outright in the
site's present zone classification of Office Park.
B.
The project was reviewed by City agencies, Fire District
No. 39, and the Federal Way Water and Sewer District.
All reviewing agencies find that the project is
consistent with all applicable provisions of the Federal
Way City Code including those adopted by reference from
the comprehensive plan.
C.
The proposal is consistent
safety, and welfare.
with the
public
health,
IV.
CONCLUSIONS
From the foregoing findings
following conclusions:
1.
2.
the
Hearing
Examiner
makes
the
The Hearing Examiner has jurisdiction to consider and decide
the issues presented by this request.
The proposed development of the 5.8 acre site located at 750
South 334th Street between South 333rd and 334th Streets and
to the west of 8th Avenue South into an 88,130 square foot two
story office and research facility meets all of the criteria
set forth in Section 22-490(0) of the Federal Way City Code.
Therefore, the requested development should be appnoved
subject to the mitigating measures contained in the SEPA
Mitigated Determination of Nonsignificance issued November l6,
1993.
c¡
C(
RECOMMENDATION:
It is hereby recommended that the City Council of the City of
Federal Way approve the applicant's proposed 88,l30 square foot,
two story office and research facility as set forth on Exhibit "A"
to the staff report, subject to the mitigating measures contained
in the Mitigated Determination of Nonsignificance.
DATED THIS I f D- DAY
1994.
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VI.
RIGHTS TO RECONSIDERATION AND CHALLENGE
Any person who has a right to challenge a recommendation under the
Federal Way Zoning Code may request the Hearing Examiner to
reconsider any aspect of his or her recommendation by delivering a
written request for reconsideration to the Planning Department
within seven (7) calendar days after the date of issuance of the
Hearing Examiner's recommendation. 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 (lO) working days after
receiving a request for reconsideration, the Hearing Examiner shall
notify the persons who have a right to appeal under the Federal Way
Zoning Code, whether or not the recommendation will be
reconsidered. The Hearing Examiner may reconsider the
recommendation only if he or she concludes that there is
substantial merit in the request. The process of -i:he
reconsideration will be followed in accordance with the Federal Way
,zoning Code. The recommendation of the Hearing Examiner
may be challenged by any person who is to receive a copy of that
recommendation pursuant to 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 Hearing Examiner's recommendation or, if a request for
reconsideration is filed, then within fourteen (l4) calendar days
of either the decision of the Hearing Examiner denying the request
for reconsideration or the reconsidered recommendation. The letter
of challenge must contain a clear reference to the matter being
challenged and a statement of the specific factual findings and
conclusions of the Hearing Examiner disputed by the person filing
the challenge. The person filing the challenge shall include, with
the letter of appeal, the fee established by the City. The
challenge will not be accepted unless it is accompanied by the
required fee. The recommendation of the Hearing Examiner may be
challenged whether or not there was a request to reconsider the
Hearing Examiner's recommendation.