Res 94-167
RESOLUTION NO.
94-167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE APPLICATION BY THE SALMOLUX
COMPANY FOR THE CHANGE OF USE OF AN EXISTING
37,225 SQUARE FOOT BUILDING FROM GOVERNMENT
STORAGE TO FOOD PRODUCT MANUFACTURING AND
REMANDING TO THE HEARING EXAMINER THAT PORTION
OF THE APPLICATION REQUESTING A BINDING SITE
PLAN TO DIVIDE AN EXISTING LOT INTO TWO LOTS
FOR FUTURE DEVELOPMENT (FEDERAL WAY FILE NO.
UPR93-0019/BSP93-0002; FEDERAL WAY HEARING
EXAMINER NO. 94-5).
WHEREAS,
the
Salmolux
Company
("Applicant") ,
has
a
possessory ownership interest in property totaling approximately
5.23 acres located at 34100 9th Avenue South, within the city
limits of Federal Way ("Property"); and
WHEREAS, the Applicant is proposing to change the use of
an existing 37,225 square foot building from government storage to
food product manufacturing, and to divide the lot through binding
site plan into two lots for future development; and
WHEREAS, the Property is presently zoned Manufacturing
Park ("MP"), and under the MP Zoning, sites exceeding five (5)
acres are subject to Process III review and approval pursuant to
Federal Way city Code ("FWCC") section 22-861; and
WHEREAS,
the
Application
had
originally
included
a
request for a binding site plan approval to divide the one existing
lot into two lots, which request also requires a Process III review
pursuant to FWCC section 20-61 and 20-62(c); and
WHEREAS,
a
State
Environmental
Policy Act
("SEPA")
Mitigated Determination of Non-significance ("MDNS") was issued by
RES #
94-167
, PAGE 1
COpy
the City of Federal Way's Responsible Official for this Application
on December 14, 1993, and the MDNS was not appealed; and
WHEREAS,
all
public
notice
having
been
duly
given
pursuant to FWCC Section 22-480; and
WHEREAS, pursuant to FWCC section 22-438 Process II=, the
Federal Way Land Use Hearing Examiner held a public hearing an the
Application on January 18, 1994; and
WHEREAS, at the conclusion of said hearing, the Federal
Way Land Use Hearing Examiner issued its Findings, Conclusions, and
Recommendations with Conditions on February 1, 1994; and
WHEREAS, the City Council of the city of Federal Way,
Washington,
is
the
governmental
body
having
jurisdictiom
and
authority to pass upon the approval, denial and modification ~f the
Application, pursuant to FWCC; and
WHEREAS, FWCC Section 22-490(d) and FWCC Section 20-63
contain the decisional criteria for the Federal Way City Counlcil's
consideration of a Process III application; and
WHEREAS,
this matter
having
been
considered
b'.'-
the
Federal Way City Council Land Use/Transportation Committee æ't its
meeting
on
February
8,
1994,
for
the
purpose
of
form.::...ng
a
recommendation on the Application to the full City Council;
and
WHEREAS, the City Council having considered the w~-itten
record, and the Recommendation of the Hearing Examiner, pursuænt to
FWCC section 22-490, on this date; NOW, THEREFORE,
RES #
94-167
, PAGE 2
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1.
The
Hearina Examiner's Recommendation.
Findings of Fact and Conclusions of Law of the Federal Way Land Use
Hearing Examiner issued on February 1, 1994, following a public
hearing held on January 18,
hereto
1994, a copy of which is attached
as
Exhibit
reference
"A"
incorporated
and
this
by
Application,
("Recommendation"), which includes a recommendation to approve the
forth in the MDNS and other FWCC conditions as contained in the
subject to certain SEPA mitigation conditions set
Recommendation, are hereby adopted as the Findings of Fact and
Conclusions of Law of the Federal Way City Council,
with the
modification that Findings #17 and #18,
and Conclusion #2 are
deleted; and Findings #5, #12, #13, #14, and #19 and Conclusion #4
are hereby modified as follows:
12.
13.
RES #
The Propertvrarecls A and B will ~ access
from 9th Avenue South which is fully developed
with 36 feet of paving and 5-foot wide
sidewalks on both sides. No traffic impacts
were identified, and therefore no traffic
mitigation is necessary. The applicant must,
however, plant street trees 30 feet on center
as part of the building permit application as
required by sections 22-1525,22-337, and 22-
1474 FWCC.
Access to Beth ~areelß the site is shared by
the abutting property to the north.
Presently, 24 parking stalls abut said access
easement, and additional parking for Parcel A
as well as a sidewalk are proposed at sueh
time ao Pareel A de...olopßif at anv future
time. the property is allowed to be subdivided
and developed. The access easement meets the
definition of an access road per section 22-1
FWCC and requires no improvements. All 24
parking stalls abutting said easement require
94-167
, PAGE 3
14.
19.
B.
RES #
94-167
, PAGE 4
cars to back onto said easement. Section 22-
1452 FWCC prohibits cars from using an access
easement for backing purposes. Therefore,
additional parking spaces may not use the 30-
foot wide easement for maneuvering purposes.
The applicant is also required to install a 5-
foot wide sidewalk from 9th Avenue South to
the west end of the parking lot OR thc
pre~ascd Parcel B. Such provides a separate
travel route for pedestrians to access the
proposed retail facility during the lunch
hour.
The Federal Way City Code does not require the
reservation of park or open space areas with
binding site plan applications, and the site
provides none. Adequate fire protection and
emergency services are available to serve the
existing building and ~ra~osed Parcel A.
In order to make a recommendation of approval
of ~ the changed use of the site and the
bindiR~ site ~lan, the Examiner must find that
both proposals meet the Process III criteria
set forth in Section 22-490(d) FWCC. Findings
required on each criteria are hereby made as
follows:
A.
As previously noted, the use of the
site is consistent with the City of
Federal Way Comprehensive Plan. The
plan designates the site for
Industrial/Office Park and is
intended to allow a range of
business uses in a campus like
setting harmonious with their
natural settings. The applicant's
proposal for use of the site as a
food processing plant with accessory
retail component is a compatible
land use. Furtfiormare, the ~re~eocd
t\."a lot ainàin~ site ~laR io
consistcRt \:ith the eempreheRsivc
~lan and ....ill ~rovide further
opportunity for tho development af
inàuotrial ar office ~ark uses. The
bindin~ site ~lan io alsa consistent
...itfi RC¡¡ 58.17.935 and a~plicable
FWCC oeetionß.
The proposed change of use and
aiRdiR~ site ~laH areis consistent
RES #
c.
with all applicable provisions of
the FWCC including those adopted by
reference from the comprehensive
plan. Development of the site is
required to comply with applicable
provisions of the Federal Way
Environmental Policy Code, Methods
to Mitigate Development Impacts
Code, Federal Way City Code, and all
other applicable development codes
and regulations.
The applicant's proposal is
consistent with the public health,
safety, and welfare. ~The
requests will meet all local public
health and safety regulations prior
to the issuance of the certificate
of occupancy. The aindin~ si te ~laR
di¥idin~ the site into two lets doc a
net in any \.'ay endan~er the ~u.blic
health, safety, and ~elfare.
~The request for the two let aindinq site
I3lan and fer thc change of use should be
granted subject to the following conditions:
4.
A.
B.
C.
94-167
Valid permits from Puget Sound Air
Pollution Control Agency will be
submitted to the city with the
building permit application.
Curbing along the perimeter of all
parking areas shall be installed
with the building permit
application, as required by FWCC
section 22-1567(d).
A fully enclosed and screened trash
and recycling enclosure shall be
installed with the building permit
application, as required by FWCC
sections 22-949 (f) and 22-1564 (d) .
The enclosure shall be sized to
house both the trash and recycling
bins. At least 65 square feet must
be reserved by the recycling bins.
The enclosure must be constructed of
concrete with steel framed doors, or
equivalent, and include a pedestrian
entrance.
, PAGE 5
D.
E.
F.
G.
H.
Screening measures shall be
installed for all rooftop equipment
with the building permit
application, as required by FWCC
Section 22-960.
Street trees along 9th Avenue south
shall be installed with the building
permit application, as required by
the Public Works Department. Said
trees shall be planted at 30 feet on
center and installed prior to
occupancy.
A notation shall be placed on the
binding site plan document stating,
"Development plans for either pareel
A er B anv future development shall
not include additional parking which
uses the 30-foot wide access
easement for maneuvering purposes."
A five foot wide sidewalk, from 9th
Avenue South to the west end of the
parking lot en ~repoood l'areel B,
shall be installed with the building
permit application per FWCC section
22-1525.
A wet vault, per the design
requirements of KCSWDM, shall be
provided with the building permit
application.
section 2.
Bindinq site Plan.
The Federal Way City
council hereby remands that portion of the Application requesting
Binding site Plan Approval to the Federal Way Hearing Examiner for
the
purpose
of
consideration
on
the
and
recommendation
appropriateness of a variance for this application pursuant to FWCC
section 22-196, et al.
section 3.
section 22-861,
Chanqe of Use Approval.
Pursuant to FWCC
and Finding No.
Federal Way City council concludes that the decisional criteria for
18 of the Recommendation,
RES #
94-167
, PAGE 6
the
the change of use of an existing 37,225 square foot building from
government storage use to food product manufacturing use has been
satisfied for this Application.
section 4.
Process III Decisional Criteria.
Pursuant to
FWCC section 22-490(d) and Findings #7, #11, #12, #13, and #14 as
adopted by Council herein, the Federal Way City Council concludes
that the Process III decisional criteria has been satisfied as
follows:
a.
It is consistent with the Comprehensive Plan
as follows:
The plan designates the site for Industrial/
Office Park and is intended to allow a range
of business uses in a campus like setting
harmonious with their natural settings. The
applicant's proposal for use of the site as a
food processing plan with accessory retail
component is a compatible land use.
b.
It is consistent with all applicable
provisions of the Zoninq Code as follows:
Development of the site is required to comply
with applicable provisions of the Federal Way
Environmental Policy Code, Methods to Mitigate
Development Impacts Code, Federal Way ci ty
Code, and all other applicable development
codes and regulations.
c.
It is consistent with the public
safetv and welfare as follows:
health.
Both requests will meet all local public
health and safety regulations prior to the
issuance of the certificate of occupancy.
section 5.
Application Approval.
Based upon the Federal
Way city Council's Findings of Fact and Conclusions of Law as
adopted by reference from the Recommendation of the Federal Way
Land Use Hearing Examiner, the Application for change of use for
RES #
94-l67
, PAGE 7
the Salmolux Company, Federal Way File No. UPR93-0019/BSP93-002,
Federal Way Hearing Examiner No. 94-5, is hereby approved, subject
to the SEPA MDNS conditions and all other FWCC conditions of
approval set forth in the Recommendation.
Section 6.
Conditions of Approval.
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
conditions contained herein.
Should any court having jurisdiction
of the subject matter declare any of the conditions invalid then,
in said event, the approved Application and conditions 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
condi tions 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 7.
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.
RES #
94-167
, PAGE 8
section 8.
Ratification.
Any act consistent with the
authority and prior to the effective date of the resolution is
hereby ratified and affirmed.
section 9.
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
Karch
, 1994.
CITY OF FEDERAL WAY
~~JfG~~
ANEY, CMC
TO FORM:
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 94-167
February 23,1994
March 1, 1994
K: \RESO\SALMOLUX .RS2
RES #
94-167
, PAGE 9
EXHIBIT 11,1) (I
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF:
SALMOLUX PROCESS III
FWEEJI: 94-5
FILE JI: UPR93-0019
BSP93-0002
I.
SUMMARY OF APPLICATION
The Salmolux Company requests process III approval to:
a) change the use of an existing 37,225 foot building from
government storage to food product manufacturing. Included in the
proposal are interior changes to provide for food receiving,
processing, common storage, packaging, refrigerated storage,
related lunchroom and offices, and a l,600 square foot accessory
retail component. The building will be expanded for a 250 square
foot greenhouse and 830 square foot patio addition for the
accessory use.
b) binding site plan to divide the lot into two lots (Lot
lO, West Campus Business Park) for future development.
According to the Federal Way Zoning Map, the underlying zoning
classification for the site is Manufacturing Park. Food products
manufacturing is allowed pursuant to Federal Way City Code (FWCC)
Section 22-86l through a process III review. Process III review is
required for two reasons. First, the lot is larger than five acres
(5.23 acres). Second, binding site plan applications require City
Council approval pursuant to FWCC Section 20-61. The Comprehensive
Plan Map designation is Industrial/Office Park.
Vehicular access is proposed from 9th Avenue South and a
shared access easement. No right of way improvements, except for
street trees, are required with this application.
II.
PROCEDURAL INFORMATION
Hearing Date: January 18, 1994
Decision Date: February 1, 1994
Federal Way Hearing Examiner
Case No. 94-5/Salmolux
February 1, 1994
Page - 2
At the hearing the following presented testimony and evidence:
1.
Bill Kingman, Associate Planner, City of Federal Way
33530 - 1st Way South, Federal Way, WA 98003
2.
Bob Fadden, l30 Lakeside, Suite 250, Seattle, WA
98155
3.
Mark Clirehugh, 2213 SW 309th Street, Federal Way, WA
98023
4.
John Solberg, lOOl Fourth Avenue, Suite 2310, Seattle, WA
98l54
5.
Ray Crockett, General Manager, Salmolux
6.
Andy Albrecht, 3650
Bellevue, WA 98006
13lst
Suite
Avenue
S.E. ,
705,
OAt the hearing the following exhibits were admitted as part of the
official record of these proceedings:
1.
2.
3.
4.
1.
Staff Report with all attachments.
III.
FINDINGS
The Hearing Examiner has heard testimony, admitted documentary
evidence into 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.
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 December 14, 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 probable 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
6.
7.
8.
Federal Way Hearing Examiner
Case No. 94-5/Salmolux
February 1, 1994
Page - 3
determination for 30 days. No appeal were filed and the MDNS
became final on January 14, 1994.
5.
The applicant, Salmolux Company, is proposing to occupy and
existing 37,225 square foot building located on the east side
of 9th Avenue South in the West Campus Business Park. The
building was previously used for government storage, but has
been vacant for the past year. The applicant is requesting
Process III approval to allow a change of use for the building
to allow food processing, storage, packaging, refrigerated
storage, offices, and a l, 600 square foot accessory retail
component. The applicant also proposes to expand the building
and add a 250 square foot greenhouse and 830 square foot
patio. In addition, the applicant is proposing a binding
site plan which will allow division of the lot into two
separate lots for future development.
The site is located within the Industrial/Office Park
designation of the City of Federal Way Comprehensive Plan and
is located within the Manufacturing Park zone classification.
Section 22-861 of the Federal Way City Code (FWCC) allows
food products manufacturing subject to either Process II or
Process III review. The applicant is required to undergo
Process III review as the site is larger than five acres (5.23
acres). Furthermore, Sections 20-61 and 20-62 FWCC require
that applications for binding site plans undergo Process III
review as well.
The applicant will use the structure to process fish into lux
using a smoking process. 5,000 to 6,000 square feet of the
building will be used in the processing with the balance used
for offices, storage, and packaging. The proposed retail
outlet store, in the nature of a delicatessen, will feature
only the products made on the site. It will not be a general
retail use and will be open only from approximately lO:OO a.m.
to 2:00 p.m. to serve lunch. The applicant will also smoke
and process private sport fish. The binding site plan process
will allow the applicant to divide the site into two parcels
(A and B) with Parcel B containing the existing structure on
the eastern half of the site, and Parcel A located adjacent to
9th Avenue South. There is no proposal for future development
on Parcel A.
The site is generally flat and contains Everett and Alderwood
series gravelly sandy loam with a slight to moderate erosion
potential. However, no grading is proposed as part of this
application. There are no surface water features or wetlands
(
(
Federal Way Hearing Examiner
Case No. 94-5/Salmolux
February 1, 1994
Page - 4
9.
lO.
11.
12.
13.
within lOO feet of the site. There are no critical
regulated plant or wildlife species on the site.
or
The site is located within the West Branch Hylebos Creek Sub-
Basin Plan area which recommends storm drainage enhancements
to mitigate effects of development on water quality, flooding,
and downstream erosion. The mitigating measures contained in
the MDNS require the applicant to upgrade the existing
drainage system to the recommended 2-year and la-year, 7-day
rainfall events. .
The applicant's processes meet all requirements of the Puget
Sound Air Pollution Control Agency regarding toxic or noxious
gases, fumes, and odors.
The site itself is located within the center of the City's
Industrial/Office Park Comprehensive Plan area which is
developing into a commercial and industrial area in accordance
with plan policies. The existing two story concrete building
is architecturally compatible with surrounding commercial and
industrial structures in the vicinity. The property owner
abutting the site on the north has submitted a letter in
support of the proposal. Because of the proposed change of
use, the applicant is installing curbing at the perimeter of
all parking areas as well as a fully enclosed and screened
trash and recycling facility. The applicant is also screening
all roof top equipment from view. All such changes will be
included as part of the building permit application.
Parcels A and B will both access from 9th Avenue South which
is fully developed with 36 feet of paving and 5-foot wide
sidewalks on both sides. No traffic impacts were identified,
and therefore no traffic mitigation is necessary. The
applicant must, however, plant street trees 30 feet on center
as part of the building permit application as required by
Sections 22-l525, 22-337, and 22-1474 FWCC.
Access to both parcels the site is shared by the abutting
property to the north. Presently, 24 parking stalls abut said
access easement, and additional parking for Parcel A as well
as a sidewalk are proposed at such time as Parcel A develops.
The access easement meets the definition of an access road per
Section 22-1 FWCC and requires no improvements. All 24 parking
stalls abutting said easement require cars to back onto said
easement. Section 22-1452 FWCC prohibits cars from using an
access easement for backing purposes. Therefore, .additional
parking spaces may. not use the 30-foot wide easement for
maneuvering purposes. The applicant is also required to
Federal Way Hearing Examiner
Case No. 94-S/Salmolux
February l, 1994
Page - 5
14.
lS.
l6.
l7.
install a 5-foot wide sidewalk 'from 9th Avenue South to the
west end of the parking lot on the proposed Parcel B. Such
provides a separate travel route for pedestrians to access the
proposed retail facility during the lunch hour.
The Federal Way City Code does not require the reservation of
park or open space areas with binding site plan applications,
and the site provides none. Adequate fire protection and
emergency services are available to serve the existing
building and proposed Parcel A.
The Federal Way Water and Sewer District will provide sanitary
sewer service and public water to the site. The public water
system is adequate to serve both proposed parcels, but the
applicant may be required to enter a pretreatement agreement
with the District.
There is presently no on-site retention/detention facility for
storm water drainage. The existing system utilizes Lake No..
6 as its detention facility. Pursuant to a recently approved
project, Lake No.6 will be increased in size to accommodate
storm water runoff from the entire basin in its fully
developed state. The City has examined methods to improve the
water quality of storm water generated by the site. The City
has determined that biofiltration is not feasible due to the
elevation of the existing drainage system and the finished
grades of the site. The City has determined that a best
management practices alternative to a biofiltration swale is
the installation of a wet vault per the design requirements of
the 1992 King County Surface Water Design Manual. Such
requirement will be implemented during the building permit
application. Adequate treatment and detention of storm water
runoff is provided.
The applicant is proposing a two lot binding site plan with
future development proposed for Lot A. Authority for the
binding site plan process is found in Section 20-6l FWCC and
RCW S8.l7.035. The binding site plan is an alternative to a
formal subdivision of the site. Proposed Parcel A is 77,806
square feet in area and is unimproved. It abuts 9th Avenue
South and is served by all utilities including sanitary
sewers. Proposed Parcel B is the location of the existing
structure, is lS0,lll square feet in area, accesses 9th Avenue
South via a 60-foot wide pipestem, and is also served by all
utilities.
Federal Way Hearing Examiner
Case No. 94-5/Salmolux
February 1, 1994
Page - 6
l8.
19.
A.
B.
C.
The proposed two lot design is consistent with the purposes of
subdivisions as set forth in Section 20-2 FWCC and meets all
criteria of Article III of the City Subdivision Code which
sets forth the design èriteria. The binding site plan is also
consistent with Article IV of Chapter 20 FWCC which sets forth
the improvements required for land divisions. The proposed
binding site plan is also consistent with the requirements set
forth in RCW 58.17.035.
In order to make a recommendation of approval of both the
changed use of the site and the binding site plan, the
Examiner must find that both proposals meet the Process III
criteria set forth in Section 22-490(d) FWCC. Findings
required on each criteria are hereby made as follows:
As previously noted, the use of the site is consistent
with the City of Federal Way Comprehensive Plan. The
plan designates the site for Industrial/Office Park and
is intended to allow a range of business uses in a campus
like setting ha=onious with their natural settings. The
applicant's proposal for use of the site as a food
processing plan with accessory retail component is a
compatible land use. Furthe=ore, the proposed two lot
binding site plan is consistent with the comprehensive
plan and will provide further opportunity for the
development of industrial or office park uses. The
binding site plan is also consistent with RCW 58.17.035
and applicable FWCC sections.
The proposed change of use and binding site plan are
consistent with all applicable provisions of the FWCC
including those adopted by reference from the
comprehensive plan. Development of the site is required
to comply with applicable provisions of the Federal Way
Environmental Policy Code, Methods to Mitigate
Development Impacts Code, Federal Way City Code, and all
other applicable development codes and regulations.
The applicant's proposal is consistent with the public
heal th, safety, and welfare. Both requests will meet all
local public health and safety regulations prior to the
issuance of the certificate of occupancy. The binding
site plan dividing the site into two lots does not in
any way endanger the public health, safety, and welfare.
Federal Way Hearing Examiner
Case No. 94-5/Salmolux
February 1, 1994
Page - 7
IV.
CONCLUSIONS
From the foregoing findings
following conclusions:
1.
2.
3.
4.
the
Hearing
Examiner
makes
the
The Hearing Examiner has jurisdiction to consider and decide
the issues presented by this request.
The proposed two lot binding site plan is consistent with the
design criteria of FWCC Section 20-2 and the development
standards of Sections 20-15l through 20-157 and Sections 20-
178 through 20-l87. The plan is also consistent with the
requirements of RCW 58.l7.035.
The proposed change of use is consistent with the criteria set
forth in Section 22-490(d) FWCC.
Both the request for the two lot binding site plan and for the
change of use should be granted subject to the following
conditions:
A.
B.
C.
D.
E.
Valid permits from puget Sound Air Pollution control
Agency will be submitted to the city with the building
permit application.
Curbing along the perimeter of all parking areas shall be
installed with the building permit application, as
required by FWCC Section 22-1567(d).
A fully enclosed and screened trash and recycling
enclosure shall be installed with the building permit
application, as required by FWCC Sections 22-949(f) and
22-l564(d). The enclosure shall be sized to house both
the trash and recycling bins. At least 65 square feet
must be reserved by the recycling bins. The enclosure
must be constructed of concrete with steel framed doors,
or equivalent, and include a pedestrian entrance.
Screening measures shall be installed for all rooftop
equipment with the building permit application, as
required by FWCCSection 22-960.
Street trees along 9th Avenue south shall be installed
with the building permit application, as required by the
Public Works Department. Said trees shall be.planted at
30 feet on center and installed prior to occupancy.
c
c
Federal Way Hearing Examiner
Case No. 94-5/Salmolux
February l, 1994
Page - B
F.
A notation shall be placed on the binding site plan
document stating, "Development plans for either Parcel A
or B shall not include additional parking which use the
3D-foot wide access easement for maneuvering purposes."
A five foot wide sidewalk, from 9th Avenue South to the
west end of the parking lot on proposed Parcel B, shall
be installed with the building permit application per
FWCC Section 22-l525.
G.
H. .
A wet vault, per the design requirements of KCSWDM, shall
be provided with the building permit application.
RECOMMENDATION:
It is hereby recommended to the City Council of the City of
Federal Way that the applicant's request for a change of use to an
existing building from government storage to food product
manufacturing be approved. It is further recommended that the
request for a binding site plan to divide the parcel into two lots
for future development should also be approved. Both requests
should be granted subject to the conditions contained in the
conclusions above.
DATED THIS
Federal Way Hearing Examiner
Case No. 94-5/Salmolux
February 1, 1994
Page - 9
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 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 foùrteen (14) 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.