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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.