Res 95-203
(
RESOLUTION NO.
95-203
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE APPLICATION BY ST. VINCENT DE
PAUL PARISH FOR A 20,279 SQUARE FOOT CHURCH,
2,891 SQUARE FOOT NURSERY, RELATED PARKING,
LANDSCAPING AND DRAINAGE IMPROVEMENTS, FOR THE
VARIANCE TO EXCEED THE MAXIMUM BUILDING HEIGHT
FOR DEFERRAL OF THE LANDSCAPE REQUIREMENTS;
(FEDERAL WAY FILE NO. UPR .93-0020 AND FEDERAL
WAY HEARING EXAMINER NO. 95-4).
WHEREAS, st. Vincent De Paul Parish ("Applicant"), has a
possessory ownership interest in property totaling approximately
11.8
acres
located at
3025
8th Avenue
South,
Federal Way,
Washington ("Property"); and
WHEREAS, the Applicant is requesting site plan approval
to allow improvement of the Property by constructing a 20,279
square foot church building,
a 2,891 square foot nursery and
associated parking, landscaping and drainage improvements as well
as
a
variance
to
exceed
building
height
requirements
("Application"); and
WHEREAS,
the
Property
is
presently
zoned
RS
7.2
("Residential"); and
WHEREAS, the Application includes a request to increase
the building height from thirty feet (30') allowed in R~ 7.2 zones
to fifty feet six inches (50'6"), which request requires approval
pursuant to Federal Way city Code ("FWCC") section 22-198; and
WHEREAS,
all
public
notices
having
duly
been
given
pursuant to FWCC Section 22-480 of the FWCC; and
RES #
95-203
, PAGE 1
COpy
(
(
WHEREAS, pursuant to Process III, FWCC section 22-482,
the Federal Way Land Use Hearing Examiner held a public hearing on
the application on March 7, 1995; and
WHEREAS, at the conclusion of said hearing, the Federal
Way
Land
Use
Examiner
issued
its
Findings,
Conclusions
and
Recommendation with Conditions on April 2l, 1995; and
WHEREAS, the City Council of the City of Federal Way is
the governmental body having jurisdiction and authority to pass
upon the approval, denial and modification of the Application,
pursuant to the FWCC; and
WHEREAS,
FWCC section 490(d)
contains the decisional
cri teria for the Federal Way city Council's consideration of a
Process III application; and
WHEREAS,
this
matter
having
been
considered
by
the
Federal Way city Council Land Use/Transportation Committee at its
meeting
on
May
15,
1995,
for
the
purpose
of
issuing
its
recommendation for conditional approval of the Application to the
full City Council; and
WHEREAS, the City Council having considered the,written
record and the Recommendation of the Hearing Examiner, pursuant to
FWCC section 22-490 on this date; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
section 1.
Hearina Examiner's Recommendation.
The
Findings
of
Fact
and
Conclusions
of
Law
contained
in
the
Recommendation of the Federal Way Land Use Hearing Examiner issued
RES #
95-203
, PAGE 2
(
on April 21,
1995,
following a public hearing held on March 7,
1995,
a copy of which is attached hereto as Exhibit "A"
and
incorporated by this reference ("Recommendation"), which included
a recommendation to approve the Application, subject to certain
conditions contained in the Recommendation, are hereby adopted as
the Findings of Fact and Conclusions of Law of the Federal Way City
Council.
section 2.
Buildinq Heiqht.
Pursuant to FWCC section
22-198 and pursuant to Finding No. 12 of the Recommendation, the
Federal Way city Council concludes that the decisional criteria set
forth in FWCC section 22-198 allowing an increase in the building
height to fifty feet, six inches (50'6") have been satisfied in
connection with the Application.
section 3.
Landscapinq.
Pursuant to FWCC Section 22-
1570 and Findings Nos. 13, 14, 15 and 16 of the Recommendation, the
Federal Way City Council concludes that deferral of the landscaping
requirements pursuant to the terms contained in the Recommendation
is consistent with the stated purposes of FWCC Chapter 22.
section 4.
Process III Decisional criteria.
Pursuant to
FWCC section 22-487 and Finding No. 17 of the Recommendation, the
Federal Way City Council concludes that the decisional criteria
have been satisfied as the Application is consistent with the
Comprehensive Plan, is consistent with all applicable pråvisions of
the
FWCC
including
those
adopted
by
reference
from
the
Comprehensive Plan,
and the Application is consistent with the
public health, safety, and welfare.
RES #
95-201
, PAGE 3
(
Section
5.
Application
Approval.
Based
upon
the
Federal Way City Council's Findings of Fact and Conclusions of Law,
as adopted by the city Council pursuant to in section 1 herein, the
Application for the st. vincent De Paul Parish Church Expansion,
Federal Way File No. UPR 93-0020, Federal Way Hearing Examiner No.
95-4, is hereby approved subject to the conditions of approval set
forth in the Recommendation.
section
6.
Conditions
of
Approval
Intearal.
The
conditions of approval of the Application are all integral to each
other with respect to the Federal Way City Council finding that the
public use and interest will be served by the approval of the
Application and modifications contained therein.
Should any court
having jurisdiction of the subject matter declare any of the
conditions invalid then, in said event, the approved Application
and modifications granted in this resolution shall be deemed 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
conditions
and
conduct
such
additional
proceedings as are necessary to insure that the Application makes
appropriate provisions for the public health, safety and general
welfare and applicable city ordinances, rules and regulations and
forward such recommendation to the city Council for further action.
section 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
RES #
95-203
, PAGE 4
constitutionality of any other section, sentence, clause or phrase
of this resolution.
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 lp-f11 day of ~¿ , 1995.
CITY OF FEDERAL WAY
MA~~ r:~XU
, ATTEST:
'2¿:~~~~'ê.C-
APPROVED AS TO FORM:
~ /.~-~
/~~;;A;;~~~ -~ON~I- K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 95-203
Kay 30, 1995
June 6, 1995
K:\reso\StVincent
OS-30-9S(svd)
RES #
95-203
, PAGE 5
EXHIBIT "A"
(
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF:
ST. VINCENT De PAUL
PARISH CHURCH EXPANSION
FWHE# 95-4
UPR93-0020
I.
SUMMARY OF APPLICATION
The proposed Process III Master Site Plan is composed of two
phases. Phase I consists of a 20,279square foot church, 2,891.
square foot nursery, related parking, landscaping and drainage
improvements. Phase II consists of a 6,570 square foot school.
Only Phase I is proposed to be constructed with this application
(Exhibit A). Two Process II variances are proposed. The first is '.
to exceed building height requirements. The second is to waive
property line landscaping requirements. Process III approval is
required because the site is larger than five acres.
II.
PROCEDURAL INFORMATION
Hearing Date: March 7, 1995
Decision Date: April 2l, 1995
At the hearing the following presented testimony and evidence:
1.
Bill Kingman, Associate Planner, City of Federal Way
2.
Ron Garrow, Senior Development Engineer, City of Federal
Way
3.
Don Brubeck, Architect, The Bumgardner Architects, 1.01.
Stewart St. #200, Seattle, WA 98101
4.
Rev. Thomas L. Vandenberg, Pastor, St. Vincent De Paul
Parish, 30525 8th Ave. S., "'Fe-deral Way, WA 98003
At the hearing the following exhibits were admitted as part of the
offic~a~ record of these proceedings:
1..
Staff Report with all attachments.
The following exhibits were admitted subsequent to the hearing and
made part of the official record:
2.
Letter from Daphney A. Gahn to Ron Garrow dated March 9,
1.
2.
3.
4.
1995
3.
Letter from Kathy McClung and Father Thomas L. vanderberg
to Examiner dated March l5, 1995
4.
Letter from Lynn Templeton to Bill Kingman dated March
16, 1995
5.
Letter from Ronald Garrow to Daphney Gahn dated March 17,
1995
6.
Letter from Rev. Thomas L. Vandenberg to Bill Kingman
dated March 20, 1995
7.
Letter from Donald T. Brubeck to Bill Kingman dated March
20, 1995
8.
Memorandum to parties of record from Examiner dated March
2l, 1995 .
9.
Letter from Gregory D. Moore to Examiner dated April 5,
1995
10.
Letter from DonaldT. Brubeck to Examiner dated April 7,
1995
III.
FINDINGS
The Hearing Examiner has heard testimony, viewed the property
and surrounding area, 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 City Code.
The applicant has a possessory ownership interest in an 11.8
acre parcel of property located at 30525 8th Ave. S. within
the City of Federal Way. The site'îs bordered on'the west by
8th Ave. S. and on the north by S. 305th St. South 308th St.
extending west from SR-99 dead ends into 8th Ave. S. at the
s94theast corner of the site. South 308th St. extending from
the west dead ends near the southwest corner of the parcel.
Single family residential development borders the west, north,
and east property lines while the south property line borders
property owned and improved by the Federal Way branch of the
Boys and Girls Clubs of King County. A trail connecting both
ends of S. 308th St. extends from east to west near the south
property line.
5.
6.
7.
8.
The site is improved with the St. Vincent De Paul Parish which
includes several existing buildings and associated parking.
The applicant is requesting a Process III master site plan
approval to improve the site in two phases. Phase I will
consist of a 20,279 square foot church building, a 2, 89l
square foot nursery, related parking, landscaping, and
drainage improvements. Phase II will consist of a 6,570 square
foot school and will be formally proposed at some time in the
future. Only Phase I improvements are considered with the
present application. In addition to the request for approval
of the master site plan and Phase I, the applicant is
requesting a variance to exceed building height requirements.
The applicant withdrew a previous request for a variance to
waive property line landscaping requirements.
A review of the site plan reflects that the parking area is
proposed for the southwest corner of the site and the
northwestern portion of the site. The proposed church building
is also located in the northwestern portion of the site with
the nursery at approximately the center of the site. The
existing school building and multi-purpose building are
located on the east central portion of the site. The
topography of the site consists of large flat areas separated
by a narrow strip of 37% slopes. The slopes extend across the
site from north to south and separate the existing
improvements from the large grassy playfield in the south
portion of the site. The soils consist of arents, alderwood
material on the east portion of the site, and Alderwood,
gravelly, sandy loam on the west portion. Run-off hazard is
slow and erosion hazard is slight for both soil types. A
geotechnical engineering study prepared by Earth Consultants,
Inc., establishes that the proposed improvements can be
constructed as designed provided the geotechnical
recommendations are implemented.
Barghausen Consulting Engineers prepared a Level I downstream
analysis to determine storm drainage requirements and the
potential for storm drainage impacts. The storm drainage plan
will include parking lot catch basins, underground storage
pipes, detention ponds, and a biofiltration swale. All
drainage facilities will be designed to the standards set
forth in the King County Surface Water Design Manual and will
be sized to accommodate a two year and ten year seven day rain
fall event. The storm drainage design requirements are set
forth as a mitigating measure in the SEPA MDNS.
S~~nds of mature evergreen trees are located along the west
property line and near the center of the site. These trees
will be preserved to the maximum extent possible. Replacement
of significant trees pursuant to Section 22-1568 of the
Federal Way City Code (FWCC) is not required. There are no
sensitive bird, animal, or plant species on the site, and no
environmental sensitive areas are on or within lOa feet of the
site.
9.
10.
11.
12.
Primary access to the site is provided via 8th Ave. S. The
Transpo Group, Inc., a qualified traffic engineering firm
prepared a traffic impact analysis dated September 20, 1993.
The analysis was reviewed and approved by City staff and no
significant transportation impacts were identified. The
applicant is proposing 91l sanctuary seats, and Section 22-635
FWCC requires one parking stall per five seats. The FWCC
requires 182 parking stalls and the applicant is providing
227. Adequate on-site parking is available for all Phase I
improvements.
The 1990 City of Federal Way Comprehensive Plan designates the
site and surrounding area as Suburban Residential. Policy H.23
of the comprehensive plan allows supporting services and
facilities such as schools, daycares, and churches in
residential zones provided that the scale is compatible with
surrounding neighborhood. Because of the large size of the
parcel, this project is in scale with adjacent neighborhoods
and will provide the contemplated support for surrounding
residents. Policy H.34 encourages the protection of natural
vegetation and limits clearing and grading in residential
developments. The approved landscape and grading plans will
protect the natural vegetation to include the tree stands on
along the west property lines and in the center of the site.
Policy NE-6 encourages the prevention of erosion. The
applicant is required to provide a temporary erosion
sedimentation control plan with the building permit
application. The master site plan is consistent with the
Suburban Residential designation of the comprehensive plan.
HEIGHT VARIANCE REQUEST
The site is located within the Single Family Residential (RS-
7.2) zone classification of the FWCC. Section 22-635 FWCC
establishes a maximum height limit of 30 feet above average
building elevation. The applicant is proposing an elevation of
SO feet six inches for the church building. Such exceeds the
height limitations of the RS-7.2 classification by 20 feet six
inches. The applicant is therefore requesting a height
variance.
To obtain a height variance the applicant must satisfy that
the variance request satisfies the criteria set forth in
Section 22 -l98 FWCC. Findings on each criterià set forth
therein are hereby made as follows:
~'-
The variance will not constitute a grant of special
privilege inconsistent with the limitations upon uses of
other properties in the vicinity and zone in which the
subject property is located. There are five structures
within a one half mile radius of the site that exceed the
30 foot height limitation. Furthermore, the height is
dictated by the litergical design requirements for
worship. The amount of seating is required by the parish
c.
size and is designed to provide a compact economical plan
that allows people as close as possible to the alter and
pulpit for full active participation. A higher Ceiling
i~ n7eded for good acoustics for speech, congregational
s~ng~ng, and musical instruments. The addition height is
required to provide natural light from above for the
central area of liturgies. Furthermore, churches are
traditionally higher than most residential structures and
are not considered inconsistent with surrounding uses.
B.
The variance is necessary because of special
circumstances relating to the size, location, and
surroundings of the subject property, and to provide it
with use rights and privileges allowed to other
properties in the same vicinity and zone. The FWCC allows
churches within RS zoned property, and in order to have
a structure of appropriate size for its congregation and
liturgical needs, the height must exceed the 30 foot
limit. Furthermore, a church is allowed on a lot size as
small as 7,200 square feet in the RS-7. 2 zone. The
applicant's parcel is ll.8 acres and the church building
is setback 200 feet from the north property line and l30
feet from the west property line. It is well over lOO
feet from all abutting property lines. Therefore, the
taller church will have less impact on abutting
properties than a church at the required height on a
smaller parcel. ,Furthermore, the site was purchased and
developed for religious purposes approximately 30 years
ago which substantially predated the 30 foot height
requirements.
The granting of the variance will not be materially
detrimental to the public welfare or injurious to
property or improvements in the vicinity and zone in
which the property is located. As previously stated
church roofs and steeples rise above houses and other
residential dwellings in virtually all communities in the
United States. The church is more than lOa feet from the
nearest property line and views from the closest property
line to the west are screened by trees, landscaping, and
fencing. Allowing expansion of the church will also
allow continuation of the ministering to the spiritual
needs of 1,600 Federal Way households. Design of the site
is that of a monastic or collegiate ~ampus with
courtyards, landscaping, open spaces, and low buildings
around a higher church building. The campus is somewhat
shielded from the surrounded neighborhood and is not used
for a billboard or advertising medium to attract
potential members. The church is also located on the
lower area of the site and is below the grade of 8th Ave.
S. The playfield to the south is 20 to 25 feet above the
proposed church floor elevation. Lighting will be
shielded to avoid any direct glare onto adjacent
properties, and exterior lighting will not be mounted
13.
14.
15.
16.
D.
high on the church building. Windows facing residential
neighbors to the west are well above eye level so there
is no view from the church into neighbors houses or
backyards and therefore no violation of privacy.
The special circumstances of the parcel are not the
resul t of the actions of the owner. The applicant
obtained the property over 30 years ago with the intent
to develop a campus style religious facility. The growth
of Federal Way and King County required the expansion of
the facilities and not the actions of the applicant. The
11.8 acre site provides greater design flexibility
including substantial setbacks. Furthermore, the
surrounding residential area was largely developed after
the church was constructed.
LANDSCAPE VARIANCE REOUEST
With the. initial application and at the public hearing the
applicant requested a variance to the landscape requirements
for the south property lines as set forth in Sections 22-1566
and 22-l567 FWCC. Subsequent to the hearing the applicant'and
the City of Federal Way agreed that the installation of the
perimeter landscaping along the south property line which
abuts the playfield and the south parking lot could be
deferred until such time as S. 308th St. is constructed. This
agreement was set forth in the March l5, 1995, letter from the
applicant and Kathy McClung and is included in the record as
exhibit "3".
Deferral of the landscaping requirements as set forth in the
agreement is based upon sound reasoning and logic. The
applicant and the Federal Way Boys and Girls Club both use the
church playfield. Both the church and the Boys and Girls Club
need to have unrestricted vision onto the playfield for safety
and security purposes. Furthermore, there is an .existing
pedestrian trail traversing the south property line which
connects residences west of the church to 8th Ave. S. The
trail is a major walking thoroughfare between 1st Ave. and the
Boys and Girls Club and the Federal Way High School and
stadium. Before school, after school, and on days/evenings of
stadium events the path is heavily travelled by students and
adults. The applicant has no intention of closing or
discouraging continued use of thë trail, and the installation
of site obscuring landscaping will block views of the
pedestrian path and create safety and security problems.
Thé applicant has withdrawn the request for the landscaping
variance subject to the implementation of the agreement by
both parties.
Proposed condition 16 in the staff report requires Process III
consideration that the applicant dedicate a 30 foot wide strip
of property along the south property line for the future
(
right-of-way of S. 308th St. The dedication was required
pursuant to Section 22-1474 FWCC. The applicant objected to
the dedication, asserting in essence that it was not related
in either nature or extent to the proposed development.
Following review by the City Attorney, the City agreed to
withdraw the requirement for street dedication along the
southern boundary.
The proposed master site plan is considered in accordance with
the Process III procedures and criteria as set forth in
Section 22-487 FWCC. The request for a variance to the height
limitations of the RS-7.2 zone classification are considered
in accordance wíth Process II criteria as set forth in Section
22-443 FWCC. The decisional criteria for both Process II and
Process III are identical, and findings on both the variance
and master site plan in accordance with said criteria are
hereby made as follows:
l7.
A.
B.
C.
Both the master site plan and variance request are
consistent with the City of Federal Way Comprehensive
Plan. The master site plan meets elements of the
comprehensive plan relating to land use, circulation,
natural environment, and implementation objectives to
help guide orderly growth and development. The facility
expansion, to include the increased height, is encouraged
by" the Comprehensive Plan and specifically Policy H.23
which allows churches in residential zones.
Both proposals are consistent with all applicable
provisions of the Federal Way City Code including those
adopted by reference from the Comprehensive Plan. The
applicant must comply with the provisions of the Federal
Way Environmental Policy Code, Methods To Mitigate
Development Impacts Code, and all other applicable
development codes and regulations. The Community
Develóp~t Review Committee reviewed the proposal and
finds that it complies with all pertinent regulations.
Both the variance and master site plan are consistent
with the public health, safety, and welfare. Development
of the site as proposed, deferral of the landscape
requirements along the south property line, and allowing
the increased height of for the church building will not
endanger the public health, safety, and welfare.
IV.
CONCLUSIONS
From the foregoing findings
following conclusions:
the
Hearing
Examiner
the
makes
1.
The Hearing Examiner has jurisdiction to consider and decide
the issues presented by this request.
2.
The request for approval of a master site plan for Phase I
3.
improvements to the St. Vincent De Paul Parish to include a
20,279 square foot church, 2,891 square foot nursery, related
parking, landscaping, and drainage improvements satisfies the
criteria for Process III consideration.
The proposed height variance for the' church structure
satisfies the criteria set forth in Section 22-198 of the
Federal Way City Code and Process II criteria.
RECOMMENDATION:
It is hereby recommended that the Federal Way City Council
approve Phase I improvements of the master site plan for the
St. Vincent De Paul Parish to include a variance to the height
requirements of 20 feet, six inches for the church building
subject to the terms of the agreement dated March 15, 1995,
(exhibit "3") as follows:
1.
Defer installation of all perimeter landscaping along the
St. Vincent De Paul Parish south property line abutting
the play field, required by FWCC Sections 22-l566 (b),
until the future South 308th Street is constructed.
Location of said perimeter landscaping shall be based on
the south property line after the City obtains right-of-
way for the future 308th St. extension. All landscape
costs shall be paid by St. Vincent De Paul Parish.
2.
Install ten feet of Type II landscaping (open type)
abutting the proposed south parking lot curb line with
this application. Said landscaping shall be upgraded to
Type I (sight obscuring) with three foot tall berm as
required by FWCC Section 22-1567(e) at such time as South
308th Street is constructed. All landscape costs shall
be paid by St. Vincent De Paul Parish.
3.
Record an agreement with the King County Department of
Records and Elections prior to issuance of the building
permit related to this application. The agreement shall
specify all landscape improvements agreed to by St.
Vincent De Paul Parish and City of Federal Way. Recording
cost shall be paid by St. Vincent De Paul.
DATED THIS ). L[ f"1- DAY OF Ap~N' 1 5~ (j.
¿ /'/7 f?f1 ~~[
S EN K. CAUSSEAUX, JR.
Hearing Examiner
(
RIGHTS TO RECONSIDERATION AND CHALLENGE
THE BELOW STATED RIGHTS TO RECONSIDERATION AND APPEAL AND DESIGNED
TO
PROVIDE
NOTICE
OF
TIME LÍMITS
AND A GENERAL OUTLINE
OF
PROCEDURES.
THE
SPECIFIC
REQUIREMENTS
FOR
REQUEST
FOR
RECONSIDERATION ARE FOUND IN SECTION 22-488 OF THE FEDERAL WAY CITY
CODE.
THE SPECIFIC REQUIREMENTS FOR CHALLENGES TO THE HEARING
EXAMINER'S RECOMMENDATION ARE FOUND IN SECTION 22-489 OF THE
FEDERAL
WAY
CITY
CODE.
CLARIFICATION
OF
THE
RIGHTS
TO
RECONSIDERATION AND CHALLENGE AND THE NAMES AND ADDRESSES OF
PERSONS WHO HAVE A RIGHT TO CHALLENGE MAY BE OBTAINED FROM THE CITY
CLERK OF THE CITY OF FEDERAL WAY.
RECONSIDERATION
Any person who has a right to challenge a recommendation of the
Hearing Examiner under the Federal Way City Code may request the
Hearing
Examiner
to
reconsider
any
aspect
of
his
or
her
recommendation by delivering a written request for reconsideration
to
the
Department
of
Community Development
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 person requesting the reconsideration shall within seven (7)
calendar days following issuance of the recommendation, mail or
personally deliver a copy of the request for reconsideration along
with a notice of the right to file a written response to the
request to those persons who have a right to challenge under
(
Federal Way City Code. Proof of such mailing or personal delivery
shall
be
made
by
an
affidavit
attached
to
the
request
for
reconsideration at the
time of delivering the request
to
the
Department of Community Development. The notice shall state that
such response must be received by the Department of Community
Development within seven (7) calendar days following the filing of
the request with the department.
Any person filing a response to a response to the reconsideration
request must distribute that response by mail or personal delivery
to those persons having a right to challenge under the Federal Way
City Code.
Proof of such distribution by mail or personal delivery
shall be made by affidavit attached to the response delivered to
the Department of Community Development.
Within
ten
(10)
working
days
after
'expiration
of
the
reconsideration period, the Hearing Examiner shall notify the
persons who have a right to challenge 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 reconsideration will be in accordance with Section 22-
488 of the Federal Way City Code.
CHALLENGE
The recommendation of the Hearing Examiner may be challenged by any
person who is
to receive a copy of that recommendation.
The
challenge, in the form of a letter of challenge, must be delivered
to the Department of Community Development 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 recommendation 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 challenge,
the
fee established by the City.
The challenge will not
be
accepted unless it is accompanied by the required fee.
The
person
challenging
the
recommendation
shall
within
said
fourteen (l4) calendar day period mail or personally deliver a copy
of the letter of challenge along with a notice of the right to file
a written response to the challenge to those persons who have the
right to file a challenge under Section 22-489 of the Federal Way
City Code.
The notice shall state
that such response must be
received by the Department of Community Development within five (5)
working days following the filing of the written challenge with the
department.
Any person filing a response to the reconsideration request must
distribute that response by mail or personal delivery to those
persons having a right to challenge under Section 22-489 of the
Federal Way Ci ty Code.
Proof of such distribution by mail or
personal delivery shall be made by affidavit
attached to
the
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(
response delivered to the Department of Community Development.
The
recommendation of
the Hearing Examiner may be
challenged
whether or not there was a request to reconsider the Hearing
Examiner's recommendation.
Any challenge of the Hearing Examiner's
recommendation will be heard by the Federal Way City Council.
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FEDERAL WAY
MEMORANDUM
DATE: May 15, 1995
.
TO: City Council Land Use & Transportation Committee
Councilmember Skip Priest, Chair
FROM: Gregory Moore, AICP, Director of Community Development Services
CONTACT: Bill Kingman, AICP, Associate Planner
RE: St. Vincent De Paul Church Expansion Process III Application
Federal Way �le No. UPR93-0(120, Related �le Numbers: SEP93-0028 and
SPR.93-0019
I. �iTMMARY OF APPLICATION
The subject Process III Master Site Plan application is composed of two phases. Phase
I consists of a 20,279 square foot church, 2,891 square foot nursery, related parking,
landscaping and drainage improvements. Phase II consists of a 6,570 square foot school.
Only Phase I is proposed to be constructed with this applica.tion.
According to the Federal Way Zoning Map, the underlying zoning classification for the
site is RS 7.2 (Residential). The Comprehensive Plan Map designation is Suburban
Residential.
Under the RS 7.2 zoning classification, a church allowed pursuant to Federal Way City
Code (FWCC) Section 22-635 provided all applicable regulations aze met. Process III
review is necessary because the site is larger than five acres. Two Process II variances
aze proposed. The first is to exceed building height requirements. The second, to waive
property line landscaping requirements, has been withdrawn.
II. REASON FOR COUNCIL ACTION
The Hearing Examiner may render only a recommendation in a Process III review. The
final decision for all such requests rest with the City Council. Bringing this matter before
the City Council Land Use Committee for review and recommendation prior to the full
Council is consistent with how land use matters aze currently processed by the City.
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IV.
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HEARING EXAMINER'S RECOMMENDATION
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u
Approve the Process III Master Plan application and Process II height variance
applications with conditions. No recommendation was provided regarding the landscape
variance because it was withdrawn as discussed on page five of the Hearing Examiner's
recommendation. The Hearing Examiner's full recommendation is attached. Page eight
list specific Master Plan and height variance recommendations.
PROCEDURAL SiAVIMARY
September 13, 1994
Mazch 7, 1995
Environmental determination issued.
Hearing Examiner public hearing.
March 25, 1995 Hearing Examiner recommendation issued.
Pursuant to FWCC Section 22-487, the Hearing
Examiner shall issue a written recommendation to
the City Council (see attached).
May 15, 1995 City Council Land Use/ Transportation Committee
meeting. The Land Use/ Transportation Committee
is to forward a recommendation to the full Council
(see Section VI below).
7une 6, 1995 City Council meeting. Pursuant to FWCC Section
(proposed) 22-490, the City Council sha11 consider the
application at a scheduled meeting.
No challenges to the Heazing Examiner's recommendation were filed with the City.
V. DECISIONAL CRIT�RT,a1
City Council's review of the applica.tion is limited to the record of the hearing before the
Hearing Examiner, the Examiner's written report, compliance with decisional set forth
in FWCC Section 22-490, and other applicable ordinances and regulations of the Federal
Way City Code. City Council may approve the application only if all three decisional
criteria of FWCC Section 22-490(d), listed below, aze met. Specifically, the application
must be consistent with:
a. The Comprehensive Plan,
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•
•
b. All applicable provisions of the Code, including those adopted by reference from
the Comprehensive Plan, and,
c. Public health, safety and welfare.
Page seven of the Hearing Examiner's recommendation describe how the application is
consistent with these criteria.
� � � � �
A draft resolution recommending approval of the application is being prepared for City
Council review based on the Hearing Examiner recommendation. The City Council may,
by action approved by a majority of the total membership, take one of the following
actions after consideration of the record before the Hearing Examiner.
a. Approve the application,
b. Approve the application with minor modifications,
c. Deny the application,
d. Remand the matter back to the Hearing Examiner for further consideration, or,
e. Schedule a public hearing before the City Council, in order to consider non-minor
modifications to the application.
The City Council shall not substantially modify the Hearing Examiner recommendation
without first referring the matter back to the Hearing Examiner or conducting its own
public hearing of the application.
vP�zo.cci
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