Res 94-165
RESOLUTION NO.
94-165
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS AN APPLICATION FOR A RECREATIONAL
TRAIL CORRIDOR, AND APPROVING THE ENCROACHMENT
INTO A GEOLOGICAL HAZARDOUS AREA, ENCROACHMENT
INTO A REGULATED WETLAND AND ENCROACHMENT INTO
THE 100 FOOT REGULATED WETLAND SETBACK.
WHEREAS, the Federal Way Parks and Recreation Department
("Applicant") has submitted an application to construct a ten foot
(10') wide asphalt recreational trail with one foot (1') shoulders
on either side and with associated amenities including an eleven
(11) car parking lot, entrance plaza, bicycle parking area, drop
off zone,
landscaping,
benches,
trash receptacles,
a boardwalk
crossing a wetland and concrete paving at 1st Avenue South, to
encroach into the required twenty-five foot (25') setback area for
a geological hazardous area, to encroach into a regulated wetland
and to encroach into the required one hundred foot (100') setback
area of a regulated wetland ("Application"); and
WHEREAS,
pursuant to the Federal Way City Code
("FWCC")
Sections 22-646,22-680, and 22-843, the request to locate a public
park requires Process III review and pursuant to FWCC section 22-
1359(C), the request to encroach into the one hundred foot (100')
regulated wetland setback area requires Process I review; and
WHEREAS, pursuant to FWCC Section 22-387, if any part of the
Application
requires
Process
III
Review,
the
entire
proposed
development must be reviewed and approved through Process III; and
RES #
94-165
- PAGE 1
COpy
WHEREAS, the Applicant timely and properly applied for Process
III review for the proposal; and
WHEREAS,
a
mitigated
determination
of
non-significance
("MDNS") was issued for this proposal on October 16, 1993, pursuant
to the FWCC and the State Environmental Policy Act ("SEPA") and the
MDNS was not appealed; and
WHEREAS,
FWCC Section 22-490 (d)
contains criteria for the
consideration of a Process III application; and
WHEREAS, all public notice having duly been given pursuant to
FWCC section 22-480; and
WHEREAS, this matter having been considered by the Federal Way
Land Use Hearing Examiner at a public hearing on November 30,1993,
for the purpose of issuing a recommendation on the matter, based
upon the FWCC criteria; and
WHEREAS, following the public hearing, the Federal Way Land
Use
Hearing
Examiner
issued
his
Findings,
conclusions
and
Recommendation for the Application on December 14, 1993; 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;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
section 1.
Hearinq Examiner's Recommendation.
The Findings
of Fact and Conclusions of Law contained in the Recommendation of
RES #
94-165
- PAGE 2
the Federal Way Land Use Hearing Examiner dated December 14, 1993,
is attached hereto as Exhibit "A" ("Recommendation") and is adopted
by reference as the Findings of Fact of the Federal Way City
Council.
section 2.
Process III Decisional criteria.
Pursuant to FWCC
section 22-490(d) and based upon Finding No. 11 and Conclusion of
Law No.2 of the Recommendation, the Federal Way city Council makes
the following Conclusions of Law regarding the decisional criteria
for the Application:
(A)
The APplication is consistent with the comprehensive
Plan.
The site is designated as "Open Space" by the
Federal Way Interim Comprehensive Plan and Comprehensive
parks, Recreation and Open space Plan and is zoned Office
Park, Residential Multifamily 1800 and Residential single
Family 7.2.
Both the comprehensive Plans and the zones
allow the Applicant's proposed use.
(B)
The
Application
is
consistent
with
all
applicable
provisions
of
the
FWCC
includinq
those
adopted
bv
reference from the comprehensive Plan.
Development of
the site is required to comply with the provisions of the
FWCC and all other applicable development codes and
regulations.
The City's community Development Review
Committee has reviewed this request in relation to all
applicable
development
codes
and
regulations. ,
The
mitigating conditions contained in the MDNS will further
RES #
94-16~
- PAGE 3
j
guarantee
that
this
project
is
consistent with
all
applicable provisions of the FWCC.
(C)
The Application is consistent with the public. health.
safetv
and
welfare.
The
proposed
development
is
consistent with the Federal Way Interim Comprehensive
Plan and Comprehensive Parks, Recreation and open Space
Plan.
If approved, the project will be required to be
designed and constructed in accordance with the FWCC, and
other applicable development codes and regulations as
noted above in Section 2(B).
Development of the site in
accordance
with
applicable
development
codes
and
regulations will ensure that the interest of the public's
health, safety and welfare is protected.
section 3.
Encroachment into GeoloQica11v Hazardous Area.
Pursuant to FWCC section 22-1286, the Federal Way city council
hereby concludes that the decisional criteria of FWCC Section
490(d)
and
FWCC
section
22-1286
for
encroachment
into
a
geologically hazardous area have been satisfied,
and makes the
following Conclusions of Law:
The City may approve development activity within a
geologically hazardous area if the applicant establishes that
the proposed activity meets the criteria set forth in section
22-1286 (d) FWCC. Findings required on each criteria are
hereby made as follows:
A.
The applicant has submitted a preliminary grading and
drainage plan which has been reviewed by the city Public
Works Department. A temporary erosion and sedimenbation
control plan and erosion control methods will address the
issue of erosion. No structures are proposed for this
area of the project, nor do improvements need to support
motor vehicles. Therefore, the applicant's preliminary
submittals are sufficient to justify construction of the
RES #
94-165
- PAGE 4
trail in its proposed location. The applicant is
committed to following the requirements of the soils
report.
B.
Engineers in the City's Public Works Department are
professional, qualified, licensed engineers who will
review the soils report and other relevant information.
c.
city engineers will perform on site inspections during
all land surface modification activities.
D.
Trees, shrubs, and groundcover will be retained except
where necessary to install approved development
activities related to the trail's encroachment into the
geologically hazardous area.
E.
The applicant will plant drought-tolerant and, where
possible, native plant species as accent landscaping
throughout the trail corridor. The applicant will also
plant small trees with low height characteristics and a
wildflower mix. The overall appearance of the utility
easements will be greatly improved by the project.
The decision of the Director of Public Works granting
preliminary administrative approval to encroach within the
geologically hazardous slope and associated setbacks was
appropriate and correct.
section 4.
Encroachment into a Reau1ated Wetland.
Pursuant
to FWCC section 22-1358,
the Federal Way city council hereby
concludes that the decisional criteria permitting intrusion into a
regulated wetland have been satisfied,
and makes the following
Conclusions of Law:
As previously found, the site contains a regulated wetland.
The applicant is proposing to cross the wetland with a
boardwalk in accordance with section 22-1358(b) FWCC which
allows for pedestrian access through a regulated wetland in
conjunction with a public park. Drilling will occur within
the wetland buffer to install the boardwalk pilings. The
proposal is designed to protect the wetland from adverse
affects and impacts. The decision of the Director of
community Development to grant preliminary approval to intrude
into the existing regulated wetland is appropriate and
correct.
RES #
94-165
- PAGE 5
Encroachment into a Requlated Wetland Setback
section 5.
Area.
the Federal Way City
Pursuant to FWCC Section 22-1359,
council hereby concludes that the decisional criteria authorizing
encroachment
into a regulated wetland
setback area have been
satisfied and makes the following conclusions of Law:
The applicant has requested to encroach into a regulated
wetland setback area. Earthwork is necessary within the 100-
foot wetland setback area in order to meet the requirements of
the Americans with Disabilities Act, and because the wetland
extends across the entire width of the Bonneville Power
Administration easement. section 22-1359 (c) FWCC allows minor
improvements within a wetland setback area if the criteria of
said section are met. Findings on each criteria are hereby
made as follows:
A.
B.
RES #
The encroachment will not adversely affect water quality.
Areas within the setback are proposed for revegetation in
accordance with an approved wetland enhancement plan.
The proposed improvements are not subject to vehicular
traffic and will not promote contamination of rainwater
runoff.
The encroachment will neither destroy or damage a
significant habitat. The easements are regularly
maintained and trees removed to prevent interference with
power lines. Furthermore, maintenance vehicles traverse
the easements on a regular basis. A wetland delineation
report was prepared which establishes that the function
and value of the wetlands is "moderate" . Existing
vegetation within the setback will be supplemented with
plant materials which will provide increased habitat
value over what presently exists.
C.
The intrusion will not adversely affect drainage or storm
water retention capabilities.
D.
Landscaping within the proposed setback area will
minimize erosion potential and will not lend to unstable
earth conditions.
E.
The intrusion will not be materially detrimental to any
other property in the area, nor to the city as a whole.
There will be no loss of significant open space or a
scenic vista. To the contrary, the multi-use trail will
create an attractive open space environment which will
provide an enjoyable experience for trail users. The
94-165
- PAGE 6
construction of the trail within the wetland setback area
is necessary to provide a viable trail.
section 6.
Application Approval.
Based upon the above
Findings of Fact and conclusions of Law, the City Council hereby
approves the Application for the Federal Way Recreational Trail
Corridor, Federal Way File Nos. SEP93-0015, SPR93-0010 and UPR93-
0008 and Federal Way Hearing Examiner No. 93-13, subject to the
SEPA MDNS conditions and all other FWCC conditions as contained
herein.
section 7.
Conditions Inteqral.
The conditions of approval
of the Process III application for this project are all integral to
each other with respect to the city Council finding that the
Application is consistent with the public health,
safety,
and
welfare.
Should any court having jurisdiction over the subject
matter declare any of the conditions invalid, then in said event,
the Application to which approval was granted in this resolution
shall be deemed void and the Application shall be remanded to the
Land Use Hearing Examiner pursuant to Section 22-490(C) (2)
to
consider
the
effect of
the
invalidation of
any
condition
or
conditions and conduct such additional proceedings as are necessary
to ensure that the Application makes appropriate provisions for
public health, safety and welfare and other factors as required by
Article VIII FWCC and such other applicable city ordinances 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
RES #
94-165
- PAGE 7
invalidity or unconstitutionality shall not affect the validity c)r
constitutionality of any other section, sentence, clause or phras'~
of this resolution.
section
9.
Ratification.
Any
act
consistent with thl~
authority and prior to the effective date of the resolution Ls
hereby ratified and affirmed.
section
10.
Effective Date.
This
resolution
shall
boe
effective immediately upon passage by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHLNGTON, this ~ day of
Februarv
, 1994.
CITY OF FEDERAL WAY
~f=?~~
MAY R, Y E. GA ES
"-_YITY
AUC-=
CITY ATTORNEY, CAROLYN
A. LAKE
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 94-165
February 9, 1994
February 15, 1994
K,IRESO\I'Wl'RAIL
Roy. 02/09/94
RES #
94-165
- PAGE 8
EXHIBIT "A"
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF:
FEDERAL WAY TRAIL CORRIDOR
FWHEII: 93-13
FILE II: SEP93-00l5
SPR93-00l0
UPR93-0008
I.
SUMMARY OF APPLICATION
The proposal is to construct a ten-foot wide asphalt
recreational trail with one-foot shoulders on each side. Proposed
associated amenities include an eleven (11) car parking lot,
entrance plaza, bicycle parking area, drop off zone, landscaping,
benches, trash receptacles, a boardwalk crossing an existing
wetland, and concrete paving at lst Avenue South. The trail will
meet the requirements of the American with Disabilities Act (ADA).
According to the Federal Way Zoning Map, the underlying zone
classification for the site is Office Park (OP), Residential
Multifamily (RM) 1800, and Residential Single Family (RS) 7.2.
Primary access is proposed at the llth Place South/South 324th
Street intersection with a secondary access at 1st Way South.
II.
PROCEDURAL INFORMATION
Hearing Date: November 30, 1993
Decision Date: December 14, 1993
At the hearing the following presented testimony and evidence:
1.
Stephen Clifton - Planner - City of Federal Way - 33530 -
1st Way South, Federal Way, WA 98003
2.
Don Hanson - Engineer from OTAK, Inc. -
Way, suite 100 - Kirkland, WA 98033
620 Kirkland
"
, .
Federal Way Trail Corridor
FWHE/93-13
Page - 2
At the hearing the following exhibits were admitted as part of the
official record of these proceedings:
1.
2.
3.
4.
1.
Staff Report and its attachments.
III.
FINDINGS
The Hearing Examiner has heard testimony, admitted documentary
evidence 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.
The City of Federal Way Parks, Recreation, and Human Services
Department is proposing to construct a public recreational
trail within easements owned by the Bonneville Power
Administration (BPA) and the City of Tacoma Public utilities.
The trail will extend from the llth Place South/324th Street
intersection to 1st Way South. The easements consist of 30.75
acres and are zoned Office Park (OP), Residential Multifamily
(RM) 1800, and Residential Single Family (RS) 7.2.
The trail is proposed with a paved width of lO feet and I-foot
crushed gravel shoulders. The trail will meet the
requirements of the Americans with Disabilities Act (ADA).
Amenities include an ll-car parking lot, entrance plaza,
bicycle parking area, drop-off zone, landscaping, benches,
trash receptacles, and a boardwalk crossing an existing
wetland. Access trails five feet in width are provided at
four locations, and alternate soft surface loop trails for
hiking and mountain biking four to five feet in width are
provided generally in the center section of the trail. The
site traverses slopes in excess of 30% in one location, as
well as a wetland.
5.
The site is vegetated primarily with second-story vegetation
and groundcover consisting of salal, sword fern, berry vines,
grasses, and scotch broom. BPA removes trees which ar~ near
the power lines. wetland plants are found within the area of
the existing wetland in the south portion of the site. The
population of birds and small animals is limited due to
surrounding development and the lack of significant
vegetation.
Federal Way Trail Corridor
FWHE/93-13
Page - 3
6.
7.
8.
The property is located in an urbanized neighborhood and all
urban utilities and services are nearby. Adjacent development
includes commercial uses, single family residential
development, multi-family development, offices and light
manufacturing. Access to various developments is provided
along the trail. Emergency services are provided by an
extension from the proposed parking lot south of the entry
plaza area to the existing BPA dirt road.
Alderwood gravely sandy loam soils extend across the entire
width of the BPA easement under a ridge about midway through
the corridor. Slopes within the area are 30% or greater. In
the AgD soil types runoff is medium and the erosion hazard is
severe. Slippage potential is moderate. Section 22-l286(b)
of the Federal Way City Code (FWCC) prohibits development
activity within 25 feet of a geologically hazardous area
unless no reasonable alternative exists. Even then,
development activity may not lead to or create any increased
slide, sizemic, or erosion hazard. The area of the ridge is
a geologically hazardous area.
The City may approve development activity within a
geologically hazardous area if the applicant establishes that
the proposed activity meets the criteria set forth in section
22-1286(d) FWCC. Findings required on each criteria are
hereby made as follows:
A.
The applicant has submitted a preliminary grading and
drainage plan which has been reviewed by the City Public
Works Department. A temporary erosion and sedimentation
control plan and erosion control methods will address the
issue of erosion. No structures are proposed for this
area of the project, nor do improvements need to support
motor vehicles. Therefore, the applicant's preliminary
submittals are sufficient to justify construction of the
trail in its proposed location. The applicant is
committed to following the requirements of the soils
report.
B.
Engineers in the City's Public Works Department are
professional, qualified, licensed engineers who will
review the soils report and other relevant information.
C.
City engineers will perform on site inspections during
all land surface modification activities.
Federal Way Trail Corridor
FWHE/93-13
Page - 4
9.
lO.
D.
E.
Trees, shrubs, and groundcover will be retained except
where necessary to install approved development
activities related to the trail's encroachment into the
geologically hazardous area.
The applicant will plant drought-tolerant and, where
possible, native plant species as accent landscaping
throughout the trail corridor. The applicant will also
plant small trees with low height characteristics and a
wildflower mix. The overall appearance of the utility
easements will be greatly improved by the project.
The decision of the Director of Public Works granting
preliminary administrative approval to encroach within the
geologically hazardous slope and associated setbacks was
appropriate and correct.
As previously found, the site contains a regulated wetland.
The applicant is proposing to cross the wetland with a
boardwalk in accordance with section 22 -13 5 8 (b) FWCC which
allows for pedestrian access through a regulated wetland in
conjunction with a public park. Drilling will occur within
the wetland buffer to install the boardwalk pilings. The
proposal is designed to protect the wetland from adverse
affects and impacts. The decision of the Director of
Community Development to grant preliminary approval to intrude
into the existing regulated wetland is appropriate and
correct.
The applicant has requested to encroach into a regulated
wetland setback area. Earthwork is necessary within the 100-
foot wetland setback area in order to meet the requirements of
the ADA, and because the wetland extends across the entire
width of the BPA easement. Section 22-1359(c) FWCC allows
minor improvements within a wetland setback area if the
criteria of said section are met. Findings on each criteria
are hereby made as follows:
A.
B.
The encroachment will not adversely affect water quality.
Areas within the setback are proposed for revegetation in
accordance with an approved wetland enhancement plan.
The proposed improvements are not subject to vehicular
traffic and will not promote contamination of rainwater
runoff.
The encroachment will neither destroy or damage a
significant habitat. The easements are regularly
maintained and trees removed to prevent interference with
power lines. Furthermore, maintenance vehicles traverse
(
(
Federal Way Trail Corridor
FWHE/93-13
Page - 5
the easements on a regular basis. A wetland delineation
report was prepared which establishes that the function
and value of the wetlands is "moderate". Existing
vegetation within the setback will be supplemented with
plant materials which will provide increased habitat
value over what presently exists.
C.
The intrusion will not adversely affect drainage or storm
water retention capabilities.
D.
Landscaping within the proposed setback area will
minimize erosion potential and will not lend to unstable
earth conditions.
11.
The intrusion will not be materially detrimental to any
other property in the area, nor to the City as a whole.
There will be no loss of significant open space or a
scenic vista. To the contrary, the multi-use trail will
create an attractive open space environment which will
provide an enj oyable experience for trail users. The
construction of the trail within the wetland setback area
is necessary to provide a viable trail.
.The application is subject to the 1990 Federal Way Interim
Comprehensive Plan and Comprehensive Parks, Recreation and
Open Space Plan. These plans designate the utility easements
as open space. The proposed construction of the trail is not
in conflict with the policies of the comprehensive plan. The
proposed development will comply with the requirements of the
Federal Way City Code and other City, State, and Federal
regulations.
E.
IV.
CONCLUSIONS
From the foregoing findings
following conclusions:
the
Hearing
Examiner
makes
the
1.
The Hearing Examiner has jurisdiction to consider and decide
the issues presented by this request.
2.
The proposed Federal Way trail corridor complies with the
goals and objectives of the 1990 Federal Way Comprehensive
Plan, the Comprehensive Parks, Recreation and Open Space Plan,
FWCC, and other City regulations.
(
('
Federal Way Trail Corridor
FWHE/93-13
Page - 6
3.
The request to encroach into a regulated wetland, the
request to encroach into a regulated wetland setback
area, and the request to encroach into a geologically
hazardous area meet the requirements of the Federal Way
city Code, and therefore should be approved.
DEcrSIOH
The request for the creation of a Federal Way trail corridor
and the construction of a lO-foot wide asphalt recreational trail
with one-foot shoulders is hereby granted subject to the mitigating
measures contained in the mitigated determination of
nonsignificance issued October l6, 1993.
(
Federal Way Trail Corridor
FWHE/93-13
Page - 7
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 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 155.60.6. 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.