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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.