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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 « (( 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. (i (¡ 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. 11. f (( 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, 13. r ( r 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. ( (( 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.