Res 94-164
RESOLUTION NO.
94-l64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE APPLICATION BY FRANCISCAN
HEALTH SERVICES FOR CONSTRUCTION OF A 51,353
SQUARE FOOT MEDICAL OFFICE BUILDING AND
ASSOCIATED PARKING AS PART OF THE ST. FRANCIS
HOSPITAL CAMPUS, FOR AN AMENDMENT TO THE
BINDING SITE PLAN FOR ST. FRANCIS COMMUNITY
HOSPITAL, FOR THE INCREASED HEIGHT OF THE
MEDICAL OFFICE BUILDING AND FOR AN INTRUSION
INTO THE 25 FOOT REGULATED LAKE SETBACK AREA;
(FEDERAL WAY FILE NOS. 92-0005UPR, 92-0006SEP,
92-0004SPR AND FEDERAL WAY HEARING EXAMINER
NO. 94-3).
WHEREAS, Franciscan Health Services ("Applicant"), has a
possessory ownership interest in property totaling approximately
three (3) acres located on the west side of 9th Avenue South,
approximately a quarter of a mile north of the intersection of
South 348th Street and 9th Avenue South, Federal Way, Washington
("Property"); and
WHEREAS, the Applicant is requesting site plan approval
to allow improvement of the Property by constructing a 5l, 353
square foot medical office building and associated parking as part
of the st. Francis Hospital Campus, is requ~sting an amendment to
the existing binding site plan for the st.
Francis Community
Hospital, the increased height of the medical office building, and
an intrusion into the twenty-five foot (25') regulated lake setback
area ("Application"); and
WHEREAS, the Property is presently zoned Office Park
("OP"); and
RES #
94-164
, PAGE 1
COPt
WHEREAS, the Application includes a request to increase
the building height from thirty-five feet (35') allowed in OP zones
to forty-four feet (44'), whiqh request requires Process II review
and approval pursuant to Federal Way city Code ("FWCC") section 22-
834; and
WHEREAS, the Application includes a request to amend the
existing binding site plan, which request requires Process III
review and approval pursuant to FWCC section 20-63; and
WHEREAS,
whenever an
application contains
a
request
requiring Process II and a request requiring Process III review and
approval, the entire Application is considered under Process III
pursuant to FWCC section 22-387; and
WHEREAS, a mitigated determination of non-significance
("MDNS")
was
issued by the City of Federal Way's Responsible
Official for this Application on November 23,1993, pursuant to the
FWCC and the State Environmental Policy Act ("SEPA") and the MDNS
was not appealed; and
WHEREAS,
all
public
notices
having
duly
been
given
pursuant to FWCC section 22-480 of the FWCC; and
WHEREAS, pursuant to Process III, 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 hearing, the Federal
Way
Land
Use
Examiner
issued
its
Findings,
Conclusions
and
Recommendation with Conditions on January 19., 1994; and
RES #
94-164
, PAGE 2
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,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
section 1.
Hearinq Examiner's Recommendation.
The
Findings
of
Fact
and
Conclusions
of
Law
contained
in
the
Recommendation of the Federal Way Land Use Hearing Examiner issued
on January 19, 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, subject to certain
SEPA mitigating conditions set forth in the MDNS and other FWCC
conditions contained in the Recommendation, are hereby adopted as
RES #
94-164
, PAGE 3
the Findings of Fact and Conclusions.of Law of the Federal Way city
Council.
section 2.
Bindinq Site Plan.
Pursuant to FWCC Section
20-63,
RCW
58.17.215,
and
Findings
Nos.
11
and
12
of
the
Recommendation, the Federal Way city Council concludes that the
Application conforms to the subdivision design criteria of the
FWCC, the development standards relating to plats of the FWCC, that
the public use and interest is served by the proposed alteration to
the st. Francis binding site plan approved by the City on March 20,
1993, and that the proposed amendment satisfied the requirements of
Chapter 58.17 as it will serve the public use and interest.
section 3.
Intrusion into Requlated Lake Setback Area.
Pursuant to sections 22-1332
and 22-1334 (3)
of the FWCC,
and
pursuant to Findings Nos. 13, 14 and 15 of the Recommendation, the
Federal Way City council concludes that the decisional criteria for
the placement of essential public facilities and utilities into the
twenty-five
foot
(25' )
regulated
lake
setback area have been
satisfied in connection with the Application.
section 4.
Buildinq Heiqht.
Pursuant to FWCC section
22-834 and pursuant to Finding No. 16 of the Recommendation, the
Federal Way city Council concludes that the decisional criteria set
forth in FWCC section 22-834 allowing an increase in the building
height to forty-four feet (44') have been satisfied in connection
with the Application.
RES #
94-164
, .PAGE 4
section 5.
Process III Decisional criteria.
Pursuant to
FWCC section 22-490(d) and Finding No. 17 of the Recommendation,
the Federal Way City Council concludes that the decisional criteria
have been satisfied as the Application is consistent with the
Comprehensive Plan, is consistent with all applicable provisions of
the
FWCC
including
those
adopted
by
reference
from
the
Comprehensive Plan,
and the Application is consistent with the
public health, safety, and welfare.
section
6.
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 in section 1 herein, the
Application for the Franciscan Health Services medical
office
building, Federal Way File No. 92-0005 UPR, 92-0006 SEP, 92-0004
SPR,
Federal Way Hearing Examiner No.
94-3,
is hereby approved
subject to the MDNS SEPA conditions and all other FWCC conditions
of approval set forth in the Recommendation.
section
7.
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
conditions invalid then, in said event, the approved Application
and modifications granted in this resolution shall be deemed~oid,
and the Application shall be remanded to the City of Federal Way
Land Use Hearing Examiner to review the impacts of the invalidation
RES #
94-164
, PAGE 5
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 8.
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 9.
Ratification.
Any act consistent with the
authority and prior to the effective date of the resolution is
hereby ratified and affirmed.
section 10.
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
~~ Alw-~
MAY, Y E. GATES
(~~T.T..E....:
./)
/~O~
~CITY CLERK, MAUREEN M. SWANEY, CMC
RES #
94-164
, PAGE 6
¡
APPROVED AS TO FORM:
~~YN A. LAKE
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 94-164
K:\common\reso\stFranci
Rev. 02/09/94
RES #
94-164
, PAGE 7
February 9, 1994
February l5, 1994
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EXHIBIT "A"
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF:
FRANCISCAN HEALTH SERVICES
FWHEII: 94-3
FILE II: 92-0005UPR
92-0006SEP
92-0004SPR
I.
SUMMARY OF APPLICATION
The applicant is proposing to construct a Sl,3S3 square foot
medical office building and associated parking. The proposed
building will be a part of the St. Francis Hospital Campus.
section 22-387 FWCC allows the community development director to
"process" multiple requests under one review process in order to
expedite project review. In this case the request to construct an
office building also entails several requests that require process
II and III approval (height increase and amendment of the existing
binding site plan respectively), therefore the entire application
will be reviewed under the highest process. Under Process III, the
hearing examiner will hold a public hearing and then make a
recommendation to the city Council, who will then make the final
determination regarding ,this application.
II.
PROCEDURAL INFORMATION
Hearing Date: January 4, 1994
Decision Date: January 19, 1994
At the hearing the following presented testimony and evidence:
1.
Michael Thomas, Associate Planner, City of Federal wa~
33530 - 1st Way South, Federal Way, WA 98003
Wade Moberg, Franciscan Health Services - l20l Pacific
Avenue, Suite 1800, Tacoma, WA 98402
At the hearing the following exhibits were admitted as part of the
official record of these proceedings:
2.
1.
staff Report with all attachments.
EXHIBIT "A"
1.
2.
3.
4.
5.
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III.
FINDINGS
Th7 Hearing Examiner has heard testimony, admitted documentary
ev~dence to the record, and taken this matter under
advisement.
The Community Development Department 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.
A mitigated determination of nonsignificance was issued for
his proposed action on November 23, 1993. The comment and
appeal period for this determination ended on December 22,
1993. There was no changes or corrections to the City's
initial determination and no appeals were filed. All property
owners and occupants within 300 feet of the site, and all
affected tribes and agencies were notified of the City's
environmental determination.
6.
The applicant has a possessory ownership interest in an
approximate three acre parcel of property located on the west
side of 9th Avenue South, roughly l/4 mile north of the
intersection of South 348th Street and 9th Avenue South. The
site is presently undeveloped, but is adjacent to the St.
Francis Community Hospital. The applicant is requesting site
plan approval to allow improvement of the site with a 5l,353
square foot medical office building and associated parking.
The applicant is also requesting an amendment to the existing
binding site p1.an for the st. Francis Community Hospital,
increased height of the structure, and an intrusion into a
regulated wetland.
The site is bordered by the hospital on the west and the
seattle Bulk Mailing Center on the north. The site slopes
downward from north to south, and from west to east. It is
located within the West Branch Hylebos Creek Sub-basin and
drains naturally south to Lake No.6. The site is designated
as an area of recommended storm water infiltration.
7.
The soils consist of Everett-Alderwood gravelly sandy loams
which have a slow to medium runoff characterization. Erosion
hazards are slight to moderate. Everett soils are appropriate
for urban development. The site is presently wooded ,with
evergreen and deciduous trees. Several significant trees~ will
be removed during site development and these will be replaced
as required by Article XVII of the Federal Way City Code
(FWCC) .
8.
9.
10.
ll.
12.
t
The applicant commissioned a traffic impact analysis by
Transportation Planning and Engineering, Inc., a qualified
traffic engineering firm. The traffic analysis establishes
that the site is located in an area of the city which has
regional transportation access. The site is accessible from
both I-5 and SR-18 via arterial streets such as South 348th
and 1st Way South. While the applicant is not required to
construct traffic improvements, the applicant must contribute
a pro rata share to three transportation projects within the
area.
Water and sewer service are available to serve the site and
fire flow will be provided.
Storm drainage generated by the site will contribute to an
existing drainage problem. The applicant commissioned a Level
I drainage analysis which was performed by Dowl Engineers in
accordance with the requirements of the 1990 King County
Surface Water Design Manual. The applicant is proposing no on
site storm water detention, but will instead discharge all
storm water to Lake No.6. Lake No.6 is undersized and the
applicant is proposing to increase the storage capacity of
Lake No.6, not only to handle its storm water, but also storm
water generated by the entire basin in its fully developed
condition.
BINDING SITE PLAN
The city approved the St. Francis binding site plan on March
20, 1993. The applicant is requesting modification of said
site plan as allowed pursuant to Section 20-6l FWCC and RCW
58.17. 2l5. The alteration would enlarge existing Tract "C" by
the elimination of a portion of Tract "D-l". Tract "C" would
then be renamed Tract "C-l" and Tract "D-1" would become Tract
"D-2". Enlargement of Tract "C" would create adequate acreage
for the proposed improvement.
Section 20-63 FWCC requires that binding site plans or
amendments thereto be reviewed for conformance with
subdivision design criteria and development standards relating
to plats. RCW 58.17. 2l5 authorizes an alteration of a
subdivision if a legislative body determines that the public
use and interest is served by the proposed alteration. The
proposed alteration meets FWCC requirements for subdivision
design and development standards. Furthermore, the proposed
amendment satisfies the requirements of Chapter 58.17 in that
it will specifically serve the public use and intere:¡;t by
providing a medical center in close proximity to a hospital.
A medical office building in this location will reduce medical
costs to the general public.
13.
l4.
l5.
l6.
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INTRUSION INTO WETLAND SETBACK
The applicant is proposing to increase the height of the berm
along the southern edge of Lake No.6 by two feet. Such will
increase the storm water capacity of the lake for both the
proposed medical office building as well as all future
improvements located in the sub-basin. Construction of the
berm will be within the 25-foot regulated lake setback in
accordance with Section 22-1332 FWCC. Furthermore, an
increase in the lake level may result in a change to the
lake's ecology.
The applicant commissioned a Level I downstream analysis and
a wetland analysis report. The wetland report dated November
10, 1993, was prepared by B-l2 Associates, a qualified
wetlands expert, and meets the requirements of section 22-l334
FWCC. The wetlands report adequately identifi~s the possible
impacts to Lake No.6 and to both plant and animal species.
The report establishes that there wi~llikely be little affect
from the increase in water level. However, a mitigating
measure in the MDNS requires that the applicant monitor the
existing plant community for a five year period. Additional
mitigating measures may be required based upon the results of
the monitoring.
In order to construct the berm, the applicant must intrude
into the lake setback. section 22-1334(3) FWCC allows the
placement of an essential public facility or utility within a
setback area. Essential public facilities are allowed within
said setback if the Director of Community Development
determines that no feasible alternative exists based on an
analysis of system efficiency and technology. To show that no
feasible alternative exists, the applicant commissioned Dowl
Engineers to prepare a storm drainage system feasibility
analysis which was submitted November 10, 1993. This report
established that the most efficient and feasible way of
handling storm water would be to increase the capacity in Lake
No.6 and use the existing storm water conveyance system in
9th Avenue South. Furthermore, the report established that
the on site soils cannot percolate storm water generated by
site development. Based upon the Dowl Engineers report, the
Director is recommending approval of the berm subject to the
mitigating measures contained in the SEPA mitigated
determination of nonsignificance.
BUILDING HEIGHT
section 22-826 FWCC restricts building heights in the OP ~one
to 35 feet. The applicant is requesting an increase in
building height to 44 feet. In order to obtain such building
height increase, the applicant must establish that the request
meets the criteria set forth in section 22-86 FWCC. Findings
required on each criteria are hereby made as follows:
A.
B.
C.
l7.
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The site does not adjoin a low density zone. The Federal
Way Zoning Map does not identify any low density zones or
residential uses abutting the property.
The building is set back 87 feet from 9th Avenue South
which allows a building height of 72 feet. The setbacks
are also much greater from other property lines than
those required by the FWCC.
The increased height will not block any views designated
by the comprehensive plan. The Federal Way Comprehensive
Plan has no view protection policy for commercial
developments. No residential subdivisions are impacted
by this proposed structure. The increased height is in
character. The hospital building is 46 feet 6 inches in
height and the new medical office building is designed to
emulate the same design and character without the
existing hospital. The applicant has met its burden of
proof of establishing that the request for a 44 foot high
structure meets the criteria set forth in section 22-826
FWCC.
The applicant must establish that the proposed development
meets the review criteria for both Process II and Process III.
These criteria are identical, and findings required on
criteria for Process III as set forth in Section 22-490 FWCC
are hereby made as follows:
A.
B.
C.
The proposed medical building is consistent with the
comprehensive plan. The site is designated as within the
Industrial/Office Park category by the comprehensive plan
map and is within the Office Park zone classification.
The applicant's proposed use is consistent with both plan
and zoning. The City has reviewed the proposal and
determined that i,t is in conformance with all land use, ,
circulation, and natural environment policy elements of
the comprehensive plan. '
The proposal is consistent with all applicable provisions
of the Federal,Way city Code, including those adopted by
reference from the comprehensive plan. Conditions of
approval hereinafter as well as the mitigating measures
contained in the MDNS require the applicant to comply
with the provisions of the FWCC, Environmental Policy
Code, Methods to Mitigate Development Impacts Code, and
all other applicable development codes and regulations.
,
The proposed use is consistent with the public health,
safety, and welfare. Development of the site in
accordance with applicable development codes and
regulations will ensure that the public health, safety,
and welfare is protected.
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IV.
CONCLUSIONS
From the foregoing findings
following conclusions:
the
Hearing
Examiner
the
1.
2.
3.
4.
makes
The Hearing Examiner has jurisdiction to consider and decide
the issues presented by this request.
The proposed site plan and application materials establish
that the site plan and use are consistent with the Federal Way
Comprehensive Plan, pertinent zoning regulations, and all
other applicable city regulations. .
Development of the site in accordance with the comprehensive
plan and all applicable development codes and regulations will
ensure that the public health, safety, and welfare are
protected. The site plan modification is consistent with the
criteria set forth in Section 20-61 FWCC and RCW 58.l7.215.
The proposed development is consistent with the decisional
criteria set forth in section 22-490(D) of the Federal Way
City Code. Therefore, the proposed request should be approved
subject to the following conditions:
A.
B.
C.
Grade level parking lot sidewalks shall be textured
differently from the parking lot surface to signify a
pedestrian walkway as required by the Director of
Community Development.
On-site storm water detention shall be designed and
constructed in accordance with Basin-wide recommendation
BW-2 of the Hylebos Creek and Lower puget Sound Basin
Plan. if the applicant proposes to use Lake No.6 to the
south of the site for storm water runoff at predeveloped
2-year, la-year and 100-year, 7-day rates on a basin wide
basis with consideration to anticipated modified release
rates from Lake No.1.
If after review of the final design calculations for
storm water detention, the subject lake and berm height
are greater than those imposed through pertinent SEPA
conditions, the director of public works or community
development may require that any impacts not previously
taken into consideration be addressed by applicable or by
revisiting the SEPA process.
D.
Pursuant to Section 18-78 of the Environmental Protection
Ordinance, all mitigation measures of the April 18, [993,
determination of nonsignificance are incorporated by
reference as conditions of this approval. Failure to c
comply with the mitigation measures shall constitute
grounds for suspension and/or revocation of this
approval.
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RECOMMENDATION:
It is hereby recommended to the City Council of the City of
Federal Way that the request for Process III approval, and all
other processes and administrative decisions inherent in the
request for the Franciscan Health Services Medical Office Building
and associated parking be approved subject to the mitigating
measures set forth in the mitigated determination of
nonsignificance and the conditions of approval set forth herein.
112-- DAY
h~
DATED
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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 (10) 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 the
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 l55.60.6. That challenge, in the
form of a letter of challenge, must be delivered to the Planning
Department within fourteen (14) 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.