Loading...
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