Res 97-240
RESOLUTION NO.
97-2qJ
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING THE TWIN LAKES
PARK AND RIDE FACILITY (FEDERAL WAY FILE UPR 95-0023,
FEDERAL WAY HEARING EXAMINER FILE NO. 96-36).
WHEREAS, the Washington State Department of Transportation (WSDOT)
("Applicant") has possessory ownership interest in an 11.6 acre rectangular shaped parcel of
property located at the northeast comer of the intersection of SW 344th Street and 21st Avenue
SW within the City of Federal Way ("Property"); and
WHEREAS, the Applicant is proposing to construct a 610 stall park and ride
facility to serve King County and Pierce County transit routes ("Application"); and
WHEREAS, the Property is presently zoned Residential Single Family (URS-7.2"),
and under RS- 7.2 zoning, government facilities are permitted uses pursuant to Federal Way City
Code ("FWCC") Section 22-645; and
WHEREAS, WSDOT, as lead environmental agency, prepared an Environmental
Assessment (EA) for the Federal Way Park and Ride Lot #2 under the National Environmental
Policy Act (NEPA) rules; and
WHEREAS, the EA received a Finding of No Significant Impact (FONS!) on April
10, 1995 from the Federal Highways Administration (FHA), a copy of which was submitted to
the City of Federal Way on July 25, 1996; and
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WHEREAS, the City of Federal Way ("City") adopted the EA, pursuant to WAC
197-11-630 to satisfy the City's compliance with State Environmental Policy Act (SEPA)
requirements on September 25, 1996; 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 Application on October 15, 1996; and
WHEREAS, at the conclusion of said hearing, the Federal Way Land Use Hearing
Examiner issued Findings, Conclusions and Recommendations for the Application on December
9, 1996; and
WHEREAS, the City Council of the City of Federal Way is the governmental body
having jurisdiction and authority to pass upon approval, denial and modification of the Application
pursuant to the FWCC; and
WHEREAS, FWCC Section 22-490(d) contains decisional criteria for the Federal
Way City Council's consideration of a Process ill application; and
WHEREAS, this matter was considered by the Federal Way City Council Land
UselTransportation Committee ("LUTC") at its meeting on January 13, 1997, for the purpose of
issuing its recommendation of the Application to the full City Council; and
WHEREAS, the LUTC heard testimony from the public regarding the need for
public restroom facilities at the park and ride project; and
Res. # 97-2~ Page 2
WHEREAS, the LUTC heard testimony from staff that several proposed
recommendations for landscaping, structures and lighting design were not imposed by the Federal
Way Hearing Examiner; and
WHEREAS, the LUTC concurred with staff findings that careful sensitive site
layout and building design is necessary to minimize the impact of a 610 stall park and ride facility
within a residential neighborhood; and
WHEREAS, the LUTC recommended approval of the Application pursuant to the
Federal Way Hearing Examiner's Recommendation of December 9, 1996 with minor
modifications as specified below; 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:
Section I Hearing Examiner's Recommendation. The Findings of Fact and
Conclusions of Law contained in the Recommendation of the Federal Way Land Use Hearing
Examiner issued December 9, 1996, following a public hearing held on October 15, 1996, a copy
of which is attached hereto as Exhibit "A" and incorporated by this reference
("Recommendation"), which included a recommendation to approve the Application, are hereby
adopted as the Findings of Fact and Conclusions of Law of the Federal Way City Council, with
the modifications set forth in Section 2.
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follows:
Section 2 Minor Modifications. The Recommendation shall be modified as
A. Design/Construction. Section IV (2)(D) of the Recommendation shall
be amended to require the following design/construction criteria:
7.
8.
1.
Structures shall have gable or hip roofs with cornice treatment;
2..
Materials should be wood or synthetic or other materials which have the
appearance of wood. Passenger shelters shall have glass sides and decorative
panel bases provided inside and out;
3.
A variety of lighter colors shall be used to accent design variations in building
elevations;
4.
Bench seating shall be provided inside and outside of passenger shelters;
5.
Newspaper display boxes shall be in fonnal stacked structures;
6.
Fencing should be decorative as well as functional. Chain link fencing is
not permitted. Wherever possible, landscaping shall be used in place of
fencing;
Interpretative or educational signage shall be incorporated into the site,
including explanations of environmentally sensitive areas; and
Design features, such as canopies or arcades, that enhance the continuity
or support architectural styling of proposed structures, should be
considered.
B.
Restroom FaciJities. Section IV of the Recommendation will be
amended to add a new subsection H, which will read: To include retrofit of METRO driver's
Res. #97-2qJ, Page 4
comfort station to provide public restrooms facility at such time when METRO's restroom policies
change to allow such use.
Section 3 Process III Decisional Criteria Pursuant to FWCC section 22-490(d),
the Federal Way City Council concludes that, as modified, the decisional criteria have been
satisfied as the Application is consistent with the Comprehensive Plan, is consistent with all
applicable provisions of the FWCC including those adopted by reference from the Comprehensive
Plan, and the Application, as modified, is consistent with the public health, safety, and welfare.
Section 4 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 Section 1
and Section 2 herein, the Application for the Twin Lakes Park and Ride Facility, Federal Way
File No. UPR 95-0023, Federal Way Hearing Examiner No.96-36, is hereby approved, as
modified.
Section 5 Conditions of Approval In~gra1 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 back 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
Res. #~ Page 5
applicable City ordinances, rules and regulations and forward such recommendation to the City
Council for further action.
Section 6 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 7 Ratification. Any act consistent with the authority and prior to the
effective date of the resolution is hereby ratified and affirmed.
Section 8 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 21st day of
Jarmry
, 192Z-.
CITY OF FEDERAL WAY
/ß¡:;¡ L A (J~
MAYOR, MAHLON S. PRIEST
ATTEST:
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CITY CLERK, N. CHRISTINE GREEN, CMC
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APPROVED AS TO FOIU.4:
zi#f/11 /1:! ; () ~~ A-+-ñ
r ATIORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK: 01-14-97
PASSED BY THE CITY COUNCIL: 01-21-97
RESOLUTION NO. 97-240
K, \RESO\PARK. BNL\PARK. BNL
Rev. 1/14/97
Res. # 97-2~ Page 7