Res 95-204
RESOLUTION NO.
95-204
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS HEIGHT AND SETBACK MODIFICATIONS
FOR THE HOLIDAY INN HOTEL AS REQUESTED BY THE
WESTMARK INVESTMENT CORPORATION; (FEDERAL WAY
FILE NO. UPR 94-0010, FEDERAL WAY HEARING
EXAMINER NO. 95-6.
WHEREAS, Westmark Investment Corporation ("Applicant"),
has
a
possessory
ownership
interest
in
property
totaling
approximately 2.83 acres located southeast of the intersection of
S.
320th
st.
and
25th
Ave.
S. ,
Federal
Way,
Washington
("property"); and
WHEREAS, the applicant is proposing to develop the site
with a 110,000 square foot six story Holiday Inn Hotel with parking
and associated landscaping; and
WHEREAS, the site is zoned City Center ("CC") , and under
CC zoning, hotels are an approved use subject to site plan review;
and
WHEREAS, the height and setbacks standards for hotels in
this zone may be modified subject to Process III review approval
pursuant to Federal Way City Code (FWCC) section 22-794, Note 1;
and
WHEREAS, a mitigated determination of non-significance
("MDNS")
was
issued by the City of Federal Way's Responsible
Official for this application on March 2, 1995, pursuant to the
Res. # 95-204 Page#-----L-
COpy
FWCC and the state Environmental Policy Act ("SEPAIt) and the MDNS
was not appealed; and
WHEREAS,
all
public
notices
having
duly
been
given
pursuant to FWCC section 22-480; and
WHEREAS, pursuant to FWCC. Section 22-482, the Federal
Way Land Use Hearing Examiner held a public hearing on the height
and setback modification request on April 25, 1995; and
WHEREAS, at the conclusion of said hearing, the Federal
Way Land Use Hearing Examiner issued Findings,
Conclusions and
Recommendations with Conditions on May 8, 1995; and
WHEREAS, the City Council of the City of Federal Way is
the governing body having jurisdiction and authority to pass upon
approval, denial and modification of the request, pursuant to the
FWCC; and
WHEREAS, FWCC section 22-794, Note 1 contains decisional
criteria for the Federal Way City Council's consideration of a
modification request; 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 modification request
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 HEREBY RESOLVES AS FOLLOWS:
Res. # 95-2Q4 Pagel ~
Section 1. Findinqs of Fact. Conclusions and Decision.
The Findings of Fact and Conclusions of Law contained in the
recommendation of the Federal Way Land Use Hearing Examiner issued
May 8, 1995, following a public hearing held on April 25, 1995, a
copy of which is attached as exhibit "A" and incorporated by this
reference ("Recommendation"), which included a recommendation to
approve the height and setback modification request subject to four
conditions,
are
hereby
adopted
as
the
Findings
of
Fact
and
Conclusions of Law of the Federal Way City Council.
Section 2. Modification Request Approval. Based upon the
Federal Way City Council's Findings of Fact and Conclusions of Law
as adopted by the City Council pursuant to Section 1 herein, the
modification request to the height and setbacks of the Holiday Inn
Hotel,
Federal Way File No.
UPR 94-0010,
Federal Way Hearing
Examiner No.
95-6 is hereby approved subject to the conditions
contained in the Recommendation.
section 3.
Conditions
of
Approval
Inteqral.
The
conditions of approval of the modification request 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 modification request and the conditions
contained herein.
Should any court having jurisdiction on the subject matter declare
any of the conditions invalid then, in said event, the approved
Modification Request granted in this resolution shall be deemed
void, and the modification request shall be remanded to the city of
Federal Way Land Use Hearing Examiner to review the impacts of the
Res. #95-204, Page#~
invalidation of
any condition or
conditions
and conduct
such
additional
proceedings
as
are
necessary
to
insure
that
the
modification request 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 4.
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.
section 5.
Ratification.
Any act consistent with the
authority and prior to the effective date of the resolution is
hereby ratified and affirmed.
section 6.
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
fn6
, 1995.
CITY OF FEDERAL WAY
~ ~dÆt7~)
MAYO, E. GATES
ATTEST:
'21 ' ()¡~, ~4-~
CITY CLERK, N. HRIS~INE GREEN
Res.# 95-204 Page#~
APPROVED AS TO FORM:
~,-
~ITY'TTORNEY, LOÑDI K.
LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 95-204
Kay 30, 1995
June 6, 1995
K:\RESO\FORH
Rey. 3-22-95
Res.# 95-20~ Page#~
((
EXHIBIT
~q
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF:
HOLIDAY INN
PROCESS III
FWHE#: 95-6
UPR94-0010, SPR91-0023, SEP94-0023
I. SUMMARY OF APPLICATION
The applicant is requesting to modify the height and setback requirements of Federal Way
City Code Section (FWCC) 22-794. The applicant proposes to construct a six story hotel (plus
basement) with 175 guest rooms, restaurant and auxiliary space (Exhibit A). The total building
floor area, including basement, is approximately 110,000 square feet. The proposed use is allowed
in the City Center (CC) zoning district subject to Site Plan Review (administrative review).
II. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
April 25, 1995
May 8, 1995
At the hearing the following presented testimony and evidence:
1.
Stephen Clifton, A1CP, Senior Planner/Urban Designer, City of Federal Way
2.
Roger Richert, Architect, 9317 SE 36th St., Suite 110, Mercer Island, W A 98040
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1.
Staff Report with all attaclunents.
III. FINDINGS
1.
The Hearing Examiner has heard testimony, viewed the property and surrounding area,
admitted documentary evidence into the record, and taken this matter under advisement.
2.
The Community Development Department staff report sets forth ge.!lj:ral findings, ,
applicable policies and provisions in this matter, and is hereby marked as Exhibit I and'-
incorporated in this report by reference as though set forth in full herein.
c
pr
(I
3.
All appropriate notices were delivered in accordance with the requirements of the Federal
Way City Code.
4.
The applicant has a possessory ownership interest in a 2.83 acre parcel of property located
southeast of the intersection of S. 320th St. and 25th Ave. S. The site is presently
unimproved, and the applicant proposes to develop the site with a 110,000 square foot,
six story Holiday Inn Hotel and associated parking.
5.
The site is bordered on the east by an on-ramp to Interstate 5 from S. 320th St.; on the
north by an office building and its associate parking; on the west by 25th Ave. S. and
Calvary Lutheran Church; and on the south by a King County Metro park and ride lot.
A BP A transmission line crosses the site from northeast to southwest. The site is generally
an ideal location for a hotel.
6.
The site is located within the City Center (CC) zone classification of the Federal Way
City Code (FWCC) and is designated as "Business" by the Federal Way Comprehensive
Plan (FWCP). Hotels are allowed in the CC classification subject to site plan review.
7.
Section 22-794 FWCC authorizes a maximum building height of 35 feet above average
building elevation where a site does not adjoin a low density zone classification. No side
or rear yard setbacks are requited, but a 20 foot front yard setback is required. Section
22- 794 FWCC authorizes the City to modifY required yard setbacks, building height, and
other site design and dimensional requirements subject to Process III review. The
applicant is requesting a building height at the main entry of approximately 67 feet and
a front yard setback from 25th Ave. S. of 14 feet. In order to modifY the 35 foot height
and 20 foot setback requirements, the applicant must establish that the request satisfies the
four criteria set forth in Section 22-794 FWCC. Findings on each criteria are hereby made
as follows:
A.
The proposed hotel is consistent with the Business designation of the FWCP. The
site is located within the central business district of the city which the
comprehensive plan states is in transition from a suburban shopping center
environment to a more intensive mix of uses and activities. The plan states that
the CC zone should encourage an increase in concentration of uses to reduce
vehicular movements and increase pedestrian use. The central business district is
intended as an area of centralized, compacted retail services and professional
offices which are pedestrian oriented and which provide services to,a subregional
population base. The applicant's request to construct a six story, 67 foot high hotel
meets the intent of concentrating uses within the central business district as
opposed to developing a wider, less intense, two or three story hotel. The site is
located within walking distance of many city center retail outlets and services
which will be used by both employees and guests alike.
The proposed reduced front yard setback is a minimal intrusion wiJb, only,the first""-
floor encroaching significantly into the setback, and only 20 linear feet of thè
structure encroaching into the setback for all six floors. Location of the structure
D.
I(
closer to the street allows convenient pedestrian and vehicular access to the front
lobby. Attractive walls and landscaping will soften and improve the quality and
appearance of the project The reduced setback is consistent with the
comprehensive plan.
B.
The proposed height of the development is not unreasonably out of scale with
existing development in the area. The Federal Way Center office building to the
north is approximately 75 feet in height, while the proposed Holiday Inn is
approximately 67 feet in height. The Calvary Lutheran Church is approximately
the same height as the Federal Way Center office building. The church and office
building separate the Holiday Inn from S. 320th St. The structure is located 300
feet from the on-ramp to Interstate 5 and 220 feet from the park and ride lot.
The applicant is requesting two encroachments into the 20 foot setback as follows:
I.
A setback of 14 feet for the walls screening the loading and storage area
for a length of approximately 45 feet.
2.
A setback of 14 feet for the hotel itself for a distance of approximately 48
feet in length. Approximately 20 linear feet of this proposed encroachment
is for the full six floors. A significant portion of the west wall of the hotel
is outside of the 20 foot setback.
Staff is requiring, and the applicant has agreed to plant larger trees and other
landscaping plants that will be more in scale with the increased height of the
structure. The screening wall will be softened by sloping the ground upwards to
bury the lower portion. Leyland Cypress will be planted along the northwest and
south sides of the wall. Such will present a visually appealing, solid, evergreen
screen from 25th Ave. S.
C.
The proposed development will enhance the CC zone classification. A hotel is an
allowed use and the six story structure will create a more compact use inside the
central business district within walking distance of offices and retail services. The
attractive architecture of the structure as well as the landscaping and other site
plan amenities will ensure a project that is a credit not only to the immediate area,
but to the city as a whole.
.
The streets, utilities, and infrastructure are adequate to support the hotel. Puget
Sound Power and Light Company will provide electrical service; U.S. West will
provide telephone service; and Lakehaven Utility District will provide both
domestic water and fire flow as well as sewer service. The existing stonn water
drainage system will be modified to meet City of Federal Way standards. The
applicant has dedicated right-of-way for 25th Ave. S. which will allow its
construction to full street standards. Such includes sidewalks, a pl@ting strip for,
street trees, and a three lane road section. The six foot right-of-way dedicatioñ ~
triggers the need for the front yard setback variance.
8.
9.
The development of the site satisfies a number of policies of the Federal Way
Comprehensive Plan as set forth on pages II and 12 of the staff report. The hotel is a
compact, intensive use within the central business district and preserves the desired
character of said district in compliance with policies C-8, C-9, and C-II. More than 10%
of the site will be open space, landscaping, and other pervious coverage in accordance
with Policy C-24. The applicant will mitigate direct transportation impacts created by the
development and has dedicated right-of-way to ensure that streets will meet the protected
traffic needs in accordance with Policy C-16 and T -II. The applicant will provide a
landscape buffer along the border with Interstate 5 in accordance with policy C-28.
The criteria for a Process III approval are found at Section 22-490(b) FWCC. Findings
on each criteria set forth therein are hereby made as follows:
A.
The request is consistent with the Federal Way Comprehensive Plan as set forth
above.
B.
The request is consistent with all applicable provisions of the Federal Way City
Code including those adopted by reference from the comprehensive plan.
c.
The proposed development is consistent with the public health, safety, and welfare
of both the immediate area of both the immediate area and the city as a whole.
IV. CONCLUSIONS
From the foregoing findings the Hearing Examiner makes the following conclusions:
2.
1.
The Hearing Examiner has jurisdiction to consider and decide the issues presented by this
request.
The requests to modify the bulk requirements of the City Center (CC) zone classification
of the Federal Way City Code to allow an increase in building height to 67 feet and a
reduction in the front yard setback to 14 feet satisfy the criteria set forth in Note I of
Section 22-794 FWCC. Therefore, the Federal Way City Council should approve the
requested modifications subject to the following conditions:
A.
B.
All trees planted between the west sides of the proposed hotel and 25th Avenue
South shall meet size requirements of FWCC Section 22-1568(5(b},; Specifically,
evergreen trees shall be a milÙmwn ten feet in height, deciduous trees a milÙmum
three-inch caliper.
Leyland Cypress' shall be planted along the north, west and south sides of the wall
screelÙng the storage area from public right-of-way. At the time of planting,
plants shall be 3 feet in height and planted two and one-half feet on center. The
plants may not be pruned any lower than I foot above the top o(~al!. l,'runing "'-
shall be perfonned to create a solid evergreen effect. '
'(
C.
For planting areas between the west sides of the proposed hotel and 25th Avenue
South: The applicant shall revise the landscape plan and work with the Department
of Community Development to appropriately select. locate and size trees, shrubs
and groundcover.
D.
Earth shall slope upwards from the sidewalk to the wall screening public right-of-
way from the storage area. The finished grade shall match that of Exhibit I, i.e.,
four feet at the north end of the wall, six feet at the south end.
RECOMMENDATION:
It is hereby recommended to the Federal Way City Council that the modifications to
Section 22-794 of the Federal Way City Code be granted as requested subject to the conditions
contained in the conclusions above.
0¡:2--
DATED THIS -IL- DAY OF May, 1995.
'~ r:a;7,
¡7( ( c-
ST 'EN. CAUSSEAUX. JR.
Hearing Examiner
""
RIGHTS TO RECONSIDERATION AND CHALLENGE
THE BELOW STATED RIGHTS TO RECONSIDERATION AND APPEAL AND DESIGNED
TO
PROVIDE
NOTICE
OF
TIME
LIMITS
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 respori~e tò '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 b~ftelivere~~
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 (14) 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 (14) 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 ~ mail or
personal delivery shall be made by affidavit
attached to the
(
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.
- '.
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: Stephen Clifton, AICP, Senior Planner
RE:
HOLIDAY INN FEDERAL WAY CENTER PROCESS m APPLICATION
Federal Way File No. UPR94-0010
Related File No's SPR94-0023 and SEP94-0023
1.
SUMMARYOFA~LICATION
The applicant proposes to construct a 6-story hotel with 175 guest rooms, restaurant and
auxiliary spaces. The total building floor area, including basement, is approximately
110,100 square feet. The proposed use is allowed in the CC (City Center) subject to Site
Plan Review.
A Process III application is required as the applicant has requested a modification to the
height and setback requirements of the Federal Way City Code, in accordance with note
1 of FWCC 22-794. The allowed average building elevation is 35 feet. The proposed
height of the building at the main entry is approximately 67 feet. The front yard
structural required setbacks are twenty feet. The proposed front yard setback is fourteen
feet.
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 are currently processed by the City.
m.
HEARING EXAMINER'S RECOMMENDATION
To approve the proposed height and setback modification application subject to four
mitigating measures contained the MDNS., Pages one through five of the Hearing
Examiners recommendation contain findings and conclusions which serve as a basis for
the recommendation. The entire recommendation is attached in fax form. The original
recomendation is not available to staff at the time of memorandum preparation.
(
IV.
PROCEDURAL SUMMARY
August 11, 1994
The application for Use Process III approval filed with the
city.
November 23, 1994
Revised site plan submitted to the city.
March 2, 1995
Federal Way State Environmental Policy Act (SEPA)
Responsible Official issued a SEPA Mitigated
Determination of Non-Significance (MDNS).
March 31, 1995
SEPA appeal period expired. No appeals were filed with
the city.
April 25, 1995
May 8, 1995
Hearing Examiner public hearing.
Hearing Examiner issued recommendation to approve the
application.
Pursuant to Chapter 22, Article VllI,
Process III Review of the Federal Way City
Code, the Hearing Examiner shall issue a
written recommendation to the City Council
(see attached).
May 15, 1995
Hearing Examiner recommendation appeal period expired.
No appeals have been filed with the city to date.
May 15, 1995
City Council Land Use Committee meeting.
Land Use Committee forwards a
recommendation to the full City Council.
June 6, 1995
City Council meeting.
Pursuant to Section 22-490 of Federal Way
City Code, the City Council shall consider
the application at a scheduled meeting.
To date, no challenges to the Hearing Examiner's recommendation have been filed with
the City.
v.
DECISIONAL CRITERIA
City Council's review of the application is limited to the record of the hearing before the
,,"-
2
VI.
c.
d.
e.
(
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 height and setback modification
application only if all three decisional criteria of FWCC Section 22-490( d), listed below,
are met. Specifically, the application must be consistent with:
a.
The Comprehensive Plan,
b.
All applicable provisions of the Code, including those adopted by reference from
the Comprehensive Plan, and,
c.
Public health, safety and welfare.
COUNCIL ACTION
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 request,
b.
Approve the application request with minor modifications,
Deny the application request,
Remand the matter back to the Hearing Examiner for further consideration, or,
Schedule a public hearing before the City Council, in order to consider non-minor
modifications to the application request.
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.
UPR9320.CCI
.",
3