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HomeMy WebLinkAboutAG 04-158 - CHRISTIAN FAITH CENTERRETURN TO:
EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV:
2. ORIGINATING STAFF PERSON: Isanc/TiN.a EXT: 2601 3. DATE REQ. BY:_7/28/11
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT � SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.c. soN� xELnTa� �oc�Errrs>
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT (AG#):��,� ❑ INTERLOCAL
X OTHER CONCOMITANTANDDEVELOPMENTAGREEMENTAMENDMENTNO2
5. PROJECT NAME: CHRISTIAN FAITH CENTER DEVELOPMENT OF CHURCH AND PRIVATE SCHOOL
6. NAME OF CONTRACTOR: CxFUSTlatv FAiTx CEtvTER
ADDRESS: TELEPHONE
E-MAIL: FAX:
SIGNATURE NAME: TITLE
7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE:
COMPLETION DATE:
9. TOTAL COMPENSATION $ �INCLUDE EXPENSES AND SALES TAX, IF ANY�
(IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES � NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR � CITY
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
❑ PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (1F ApPLiCnBLE)
❑ LAW
11. COUNCILAPPROVAL�IFAPPLICABLE� COMMITTEEAPPROVALDATE: COUNCILAPPROVALDATE:
12. CONTRACT SIGNATURE ROUTING '
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
INITIAL / DATE SIGNE
❑ LAW DEPARTMENT � �'�
❑ SIGNATORY �MAYOR OR DIRECTOR�
❑ CITY CLERK • l�
❑ ASSIGNED AG# AG# �y • ���
❑ SIGNED COPY RETURNED DATE SENT: "1 .�• � �
CK��Iu1�1►10G�
t � ��
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AMENDMENT NO. 2
TO
CONCOMITANT AND DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY AND THE CHRISTIAN FAITH CENTER
FOR DEVELOPMENT OF CHURCH AND PRIVATE SCHOOL
This Amendment No. 2(Amendment) is made between the City of Federal Way, a Washington
municipal corporation (City), and Christian Faith Center (CFC), a Washington nonprofit
corporation. The City and CFC (together Parties), by mutual consent of the parties, agree to
amend the original Agreement for development of a church and school (Agreement) dated
effective July 21, 2004, as amended by Amendment No(s). 1, as follows:
1. SECTION 9.4.4. Section 9.4.4 of the Agreement shall be amended as follows:
Prior to approval of anv seatin�capacitv expansion that results in total seatin�
exceeding 3,375 seats in the sanctuar ,�pt as noted below for special events,
CFC shall submit to the City for review and approval an updated traffic analysis
that analyzes the impacts and identifies mitigation for those impacts at that time.
In the event that the Public Works Director finds that the signal is warranted
based on the submitted reports, CFC shall construct street improvements
consistent with the attached Exhibit G-4 to signalize the intersection of SR 99 and
South 344�' Street and provide a westbound-to-southbound left-turn lane within
existing right-of-way. If delays beyond the control of CFC and the City prevent
the completion of these improvements by the time of issuance of certificate of
occupancy, CFC may obtain a certificate of occupancy subject to the Public
Works Director requiring temporary traffic control measures for up to one hour
following the end of each Sunday service until such time that the traffic signal is
operational.
Any combination of fixed/unfixed seating not exceeding 3,800 shall be permitted
for irre�ular special events, not occurring on Sundays. The analvsis and traffic
mitigation described above shall not be triggered for such special events.
2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with
any prior amendments thereto, not modified by this Amendment, shall remain in full force and
effect. The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this Amendment, which is binding on the parties of this contract.
3. RECORDING. This Amendment shall be recorded with the Real Property Records Division
of the King County Records and Elections Department.
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY
r
BY-
Skip Priest, ay r
DATE: � • Z � % • 1� / I
CHRISTIAN F
By:
Printed Name•
Title: l� r�
CENTER
DATE: � ' � �'— � `
ATTEST:
Ci y Clerk, Carol Mc eilly, C C
APPROVED AS TO FORM:
�—
�,. ,
�
City Attorn;,y, Pacricia A Richardson
STATE OF WASHINGTON )
_ ) ss.
COUNTY OF ��.�-�11�(
On this day personally appeaxed before me � Q , to me known to be the
of �` �y��avl i �v` -' that executed the
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and
deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that
he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate
seal of said corporation.
GI��� ���uiinur� 2011
�qy�d��nd official seal this � day o ,
`\�; �� .. ,� ,��,
� . ...... , ,�� �
Q�g��G�'�• = Notary's signature
_ :� ������ o ,��men�� - Notary's printed name �� v,��.-
_`•. ���,�g�,141A �' Notary Public in and for the state f Washington.
,: • o ;
�� �� �'� � • '� � My commission expires �� � � �} �'7,c> i �
'% s ' v ��.
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"���u�������������
RETURN TO: EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT. /DIV. COMMDNITYAND ECONOMIC DEVELOPMENT
2. ORIGINATING STAFF PERSON: MARGARET CLARK EXT: 2646 3. DATE REQ. BY:
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
• ORDINANCE ❑ RESOLUTION
• CONTRACT AMENDMENT (AG #):5 ❑ INTERLOCAL
X❑ OTHER AMENDMENT TOA CONCOMITANTAGREEMENTAND DEVELOPMENTAGREEMENT
5. PROJECT NAME: AMENDMENT TO THE CHRISTIAN FAITH CENTER CONCOMITANTAGREEMENTAND DEVELOPMENT AGREEMENT
6. NAME OF CONTRACTOR:
ADDRESS: TELEPHONE
E -MAIL: FAX:
SIGNATURE NAME: TITLE
7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS
8. TERM: COMMENCEMENT DATE:
COMPLETION DATE:
9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑ YES ❑ NO IF YES,
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT /CONTRACT REVIEW
❑ PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW
INITIAL / DATE REVIEWED
PAID BY: ❑ CONTRACTOR ❑ CITY
INITIAL / DATE APPROVED
11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ LAW DEPARTMENT
❑ SIGNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK
❑ ASSIGNED AG#
❑ SIGNED COPY RETURNED
INITIAL / DATE SIGNED
Q:�'�i ",��
DATE E XM
COMMENTS:
APPROVED BY CITYMANAGER ONAPRIL 24,200 7. THIS WAS CONSIDERED A MINOR AMENDMENT TO THE
ORIGINAL AGREEMENT
11/9
1: \CFC\Amendment to Development Agreement \010814 Routing Form to Clerk.doc
CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY AND THE CHRISTIAN FAITH CENTER FOR
DEVELOPMENT OF CHURCH AND PRIVATE SCHOOL.
AMENDED APRIL 2, 2007
The City of Federal Way ( "City ") and the Christian Faith Center ( "CFC "), a Washington nonprofit
corporation, collectively referred to herein as "the Parties," enter into the following concomitant
agreement and development agreement ( "Agreement ") regarding the rezoning of certain property and
the scope of permissible development, use, and mitigation of environmental impacts associated with the
campus development of a church and private school ( "Project'), through construction of the buildings
and related improvements on the CFC property.
The agreement is both a concomitant agreement and a development agreement. The concomitant
agreement allows for a rezone of certain property subject to development standards and conditions
governing the use of the property. The development agreement provides the developer with certainty
regarding the local regulations and mitigation requirements that will govern development for a specified
project. The concomitant agreement is a condition to and limitation upon the rezone of the property, if
adopted by the City Council. That is, if the site is rezoned subject to concomitant agreement, its use and
development is restricted both by the regulations applicable to the new zoning classification and the
provisions of the concomitant agreement, and where development standards in the agreement are more
restrictive, they. govern property development. The development of the ;property is conditioned and
limited by both the development agreement and concomitant agreement, and they have been combined
into one document.
1. Location. CFC is the owner of certain real property situated in Federal Way, Washington,
located south of South 336`h Street between SR -99 and Interstate 5 (the "Property"). The Property is
more particularly described on Exhibit A, attached hereto and incorporated herein by this reference.
2. Project Description. The Project consists of development, to be constructed in two phases.
Both phases are depicted on the Development Plan, attached hereto as Exhibit B and incorporated herein
by this reference (the "Plan" or "Development Plan"). Phase I will consist of a two -story 218,500 square
foot sanctuary building church, school, administrative offices, and accessory uses and associated
parking and recreational and athletic fields attached hereto as Exhibits C, G1, and C-2 and incorporated
herein by this reference. Phase 11 would include the addition of a separate 101,526 square foot school
building attached hereto as Exhibits C, C-3, and C-4 and incorporated herein by this reference. Once the
Phase H school building has been constructed and is ready for occupancy, the uses in the sanctuary
building will revert to those originally approved per the July 20, 2004, Agreement and plan attached
hereto as Exhibits C GS, and C-6 and incorporated herein by this reference.
3. Concomitant Agreement. Based on the approval of a rezone from Business Park (BP) to RM
3600 by the Federal Way City Council, CFC and the City agree that the Property may be developed
only in accordance with the standards and mitigation set forth in the amended Agreement (the
"Agreement'). The Property shall be developed as described in .the Agreement, and as depicted in the
Development Plan. The allowable use of the property shall be limited to that described in the
Agreement. All development standards, including mitigation, identified in the Agreement shall apply to
Property development. No development on the Property shall be inconsistent with the Agreement or
City Code. The Property is subject to the Agreement, and shall be developed only in accordance with
the development standards identified within the Agreement, including the Development Plan (except for
minor modifications permitted by Section 10 of the Agreement), unless and until the Agreement is
amended or rescinded, as authorized by the City.
4. Development Agreement. The Agreement is authorized by RCW 36.7013.170 through .210
and FWCC 22 -1660 through 22 -1680. It addresses Project development standards, which are defined in
the statute to include, for example, impact fees, mitigation, design standards, phasing issues, review
procedures, vesting issues, and any other appropriate development requirements.' The Agreement
provides the City and CFC with certainty as to the type of Project that will be built, the type of
mitigation that will be provided, and the development regulations to which the Project will vest.
The Project is consistent with current local regulatory requirements? As authorized by state statute,;
the Agreement identifies mitigation under City codes and the State Environmental Policy Act (Chapter
43.21C RCW, "SEPA ') required for the project.
5. Vesting. City development regulations, as found in the Federal Way City Code (FWCC) or
otherwise legislatively adopted ,4 and the mitigation measures adopted herein shall govern the Project for
a period of five years, dating from execution of the original Agreement, dated July 21, 2004. Any
amendments or additions made to City development regulations during the five year period shall not
apply to or affect the development, except as otherwise provided, or if other county, state or federal laws
preempt the City's authority to vest regulations. The City reserves the authority to impose new or
different officially adopted regulations to the extent required by a serious threat to the public health and
safety.5 After the five -year period, amendments or additions made by the City to these development
regulations and the mitigation measures adopted herein shall apply to any subsequent or further
development of the Property. Otherwise, the Property and the uses thereof that are developed consistent
with this Agreement shall be deemed legal, nonconforming uses. Provisions of the Agreement,
including specifically identified development standards and mitigation measures, do not terminate after
the five -year period and continue to restrict development of the Property unless and until amended by
the City.
6. Project Mitigation Under SEPA. The Project has been subject to detailed environmental
review. A Final Environmental Impact Statement ( "FEIS ") was issued on March 3, 2004, and addenda
were issued April 16, 2004, and May 21, 2004. Mitigation of significant adverse environmental impacts
imposed under SEPA, through the City's SEPA regulations, is incorporated into the Agreement.
7. Development of CFC Property.
7.1 Permitted Uses. CFC covenants and agrees that it will limit any use of the Property to the
church and school uses, as depicted in the Development Plan, attached hereto as Exhibit B and
' RCW 36.70B.170(3)
2 RCW 36.70B.170(i)
3 RCW 36.70B.170(3Xc)
4 Legal requirements include legislatively adopted standards governing development, such as zoning, building and development
regulations, impact fees, SEPA regulations and substantive SEPA policies, and other laws, ordinances, or policies.
5 See RCW 36.70B.170(4)
incorporated herein by this reference. Both the church and school are classified as principal uses
for application of FWCC Sections 22 -671 and 22 -674, except the school shall be considered an
accessory use to the principal sanctuary use in Phase I. Accessory uses shall be limited to those
approved as a part of this Agreement and shown on the attached Plan or List of Permitted
Accessory Uses, attached hereto as Exhibits C, C -1, C -2, C -5, and C -6 and incorporated herein
by this reference, or any accessory use determined by the Director of Community Development
Services to be allowed, or analogous to an allowed accessory use, in the RM 3600 zone.
7.2 Relationship Between City Development Regulations and Development Standards
Identified in Agreement. Development Regulations include all provisions of the Federal Way
City Code (FWCC), including without limitation FWCC Chapters 18 through 22. The
Development Regulations for the Property include those applicable to the RM 3600 zone and as
set forth in the Agreement. The Agreement establishes site specific development standards,
including mitigation. Property development shall be consistent with both development
regulations and the development standards identified in the Agreement. Where the development
standards in the Agreement are more restrictive, they shall govern development of the Property,
as specified herein.
7.3 Construction Phasing. Project construction shall be limited to two phases. Phase I shall
comprise construction of a building for the church sanctuary, auditorium, meeting rooms and
administrative offices, and K -12 education classrooms, attached hereto as Exhibits C, C -1, and
C-2 and incorporated herein by this reference, together with all on -site and off -site
improvements required by this Agreement and by the conditions of any related permit approval.
Phase H shall comprise construction of a future two -story 101,526 square foot school building
attached hereto as Exhibits C, G3, and C-4 and incorporated herein by this reference. With the
exception of improvements completely within the interior of a building, Phase I, the sanctuary
building, must be substantially completed within thirty (30) months of issuance of its building
permit and Phase M the school building must be completed within twenty-four (24) months of
issuance of its building permit, except for delays beyond the control of CFC and approved by
the Director of Community Development Services, which approval shall not be unreasonably
withheld. Project construction shall be completed within five years of the execution of the
original agreement, dated July 21, 2004, for the sanctuary/school auditorium building and
within ten years for the school building, except for delays beyond the control of CFC and
approved by the Director of Community Development Services, which approval shall not be
unreasonably withheld.
8. Settlement Agreement. The Parties shall be bound by the Settlement Agreement between the
City of Federal Way and Federal Way Industrial Park, Inc., dated February 5, 1996, (Exhibit D to'the
Concomitant Agreement and :Development Agreement between the City of Federal Way and the
Christian Faith Center recorded under King County Recording No. 20040819000548) and incorporated
:herein by this reference. The Settlement Agreement provides certain development standards and other
provisions applicable to use and development of the Property, which are consistent with the terms of
this Agreement. The terms of this Agreement shall control over any inconsistent terms in the Settlement
Agreement.
9. Development Standards, Including Mitigation. The Project shall be consistent with all
specified development standards. CFC shall construct, install, or implement, as part of Project
Construction, all mitigation required by the Agreement. The City Council has reviewed the EIS and the
record. Mitigation has been developed based on these documents.
9.1 Project Design and Site Configuration.
9.1.1 Building Setback. All site improvements shall be setback from South 3360' Street
a minimum of 50 feet. The property bordering South 336`h Street shall be deemed the
front yard for purposes of this Agreement. Remaining rear and side setbacks for the
church building shall be 30 feet from any property line or right -of -way. Remaining side
and rear setbacks for the school building, ball fields, and any playground equipment shall
be 50 feet from any property line or right -of -way.
9.1.2 Building Height. The maximum allowed height of single -story elements of the
church building is 35 feet above average building elevation (ABE), with up to three
additional feet allowed for articulated cornices; the maximum allowed height for second -
story elements containing offices, classrooms, library and similar uses is 40 feet above
ABE. The maximum height of the school building is 40 feet above ABE with up to three
additional feet .allowed for articulated cornices. The maximum allowed height for the
church sanctuary/school auditorium portion of the building and the gymnasium is 55 feet
above ABE.
9.1.3 Landscaping. CFC shall provide an approved landscape plan, prior to issuance of
the Phase One building permit, incorporating the following features. The landscape plan
shall be prepared by a landscape architect in consultation with a habitat biologist, whose
recommendations shall be incorporated into the plan.
9.1.3.1 Perimeter Landscaping. CFC shall provide a combination of existing and
new native landscaping to accomplish Type III landscaping along all groperty
lines and public rights- o#-way and access easements. Along South 336 Street,
landscaping shall be 50 feet in width consisting of 25 feet of a combination of
Existing Native and Type III landscaping and 25 feet of Type IV landscaping.
Along all other property lines associated with that portion of the Property
containing the church, landscaping shall be 15 feet in width consisting of 10 feet
of a combination of Existing Native and Type III landscaping and 5 feet of Type
IV landscaping. Wetlands and wetland buffers which are vegetated in accordance
with a City approved wetland mitigation plan and landscape plan and which are
in excess of fifty (50) feet between the development and the property line shall be
deemed to have satisfied the landscaping requirements of that property line.
9.1.3.2 Detention Pond Landscaping. Landscaping around detention ponds shall
comply with the approved landscape plan and include at a minimum provision for
dense bank cover and trees larger than the minimum required by FWCC to
provide shade and reduce water temperature. For purposes of this Agreement, the
term "larger" means deciduous trees larger than three inch caliper and evergreen
trees taller than eight feet.
9.1.3.3 Habitat Retention. CFC shall provide a fifty (50) foot wide wildlife
corridor from the west wetland to the east wetland with small animal culvert
crossings under proposed roads and water ponding areas along the wildlife
corridor, at a spacing of approximately 200 feet, to provide drinking areas for
small animals.
9.1.4 Parkin .
9.1.4.1 Setback. Parking shall be permitted within the required side and rear
yards, but not within 10 feet of any property line associated with the school or
within 15 feet of any property line associated with the church or within any
required buffer.
9.1.4.2 Number of Stalls. CFC shall provide a minimum of 1,406 parking stalls
and a maximum of 1,540 parking stalls.
9.1.4.3 Parking Dimensions. Maximum parking lot and stall dimensional
requirements shall be equivalent to corresponding minimum FWCC requirements
except as modified by Exhibit E to the Concomitant Agreement and Development
Agreement between the City of Federal Way and the Christian Faith Center
recorded under King County Recording No. 20040819000548 and incorporated
herein by this reference.
9.1.4.4 Overflow Parking/Special Events. Overflow parking shall be permitted
only pursuant to a parking plan approved by the Director of Public Works. CFC
shall develop and submit a plan for approval by the Director of Public Works
prior to special events to manage overflow parking through an arrangement with
an appropriate transit provider or local hosts for shared use of additional off -site
parking spaces and shuttle transportation connecting the overflow parking areas
and the site during special events or in the event of recurring overflow parking
conditions. CFC shall be responsible for all costs associated with traffic control
including, but not limited to, flaggers, police officers, signs, and shuttle
transportation.
9.1.5 .Size Limitation.
9.1.5.1 School. As part of Phase I, a 31,199 square foot school will be
constructed in the sanctuary building attached hereto as Exhibits C, C4, and G2
and incorporated herein by this reference. The school structure, to be constructed
in Phase II, shall be limited to '101,526 square feet, as depicted in the attached
Conceptual Floor Plan, attached hereto as Exhibits C-3 and C-4 and incorporated
herein by this reference. Upon construction of the Phase H school building, the
uses in the sanctuary (Phase I building) shall revert as per the original
development agreement and plans attached hereto as Exhibits C -5 and G6 and
incorporated herein by this reference. The day care shall be located in the main
church/sanctuary/administration building and shall be limited to 33,000 square
feet. Based on these maximum square footages, total enrollment of the school and
daycare shall be limited to a maximum of 900 full -time students.
9.1.5.2 Sanctuary. Sanctuary occupancy shall conform to all applicable local,
state acid federal laws and regulations and shall not exceed 4,500 occupants.
9.1.5.3 College. The Dominion College shall be considered an accessory use to
the church and as such shall primarily serve CFC students and staff and members
of the CFC congregation. The Dominion College shall be limited to 23,000
square feet as depicted in the attached Conceptual Floor Plan, Exhibit C-6 and
incorporated herein by this reference. Based on this square footage, enrollment
shall be limited to a maximum of 225 students.
9.1.5.4 Recreation Areas. Exterior recreation and play areas shall be provided in
a minimum amount of 27,026 square feet in the school yard, a minimum 100,000
square feet in the recreation/sports field, and 4,613 square feet in the church day
care area. Such minimum areas shall be permanently maintained as recreation and
play areas.
9.2 Operational Limitations. CFC operations shall be consistent with the schedule and
restrictions listed below. Changes in the below schedule, which was provided by the applicant,
shall be reviewed under FWCC 22 -1680 to ensure that the project remains consistent with the
review completed under SEPA and the FWCC. Minor modifications may be approved by the
Director of Community Development Services, as specified in FWCC 22 -1680.
9.2.1 Church Service Hours. Church services shall be limited to one weekday evening
service (typically on Wednesdays) which shall not begin before 6:30 p.m. and Sunday
church services shall be separated by at least one and one/half hours between services.
9.2.2 Dominion College Hours. Dominion College classes shall not be held on
weekends or between the hours of noon and 6:30 p.m. weekdays.
9.2.3 Bible Study Hours. Bible Study classes shall be held only weekdays before noon.
9.2.4 School Hours. School classes shall be completed no later than 3:30 p.m. daily.
9.2.5 Holiday Services/Special Events. Holiday services and special events shall be
scheduled consistent with the approved Traffic Management Plan (TNT) required by
9.4.12 and consistent with 9.1.4.4.
9.3 Construction Mitigation.
9.3.1 Erosion Sediment Control. CFC shall designate and provide an onsite Erosion
Sediment Control (ESC) Supervisor approved by the Director of Public Works, who
possesses a Construction Site Erosion and Sediment Control. Certification by the
Washington State Department of Transportation (WSDOT). This ESC Supervisor shall be
available for the duration of the project. The qualifications and responsibilities of the ESC
Supervisor are outlined in the 1998 King County Surface 'Water Design Manual
(KCSWDM) and City of Federal Way Addendum. The Director of Public Works may
further limit clearing and grading activities on the site based on recommendations from
the ESC Supervisor and requirements of the KCSWDM.
9.3.2. Stormwater Pollution Prevention Plan. A construction Stormwater Pollution
Prevention Plan (SWPPP) shall be provided by CFC and reviewed and approved by the
Director of Public Works prior to issuance of any construction permits or authorizations.
Construction phasing shall be included in this plan. CFC has proposed several BMP's
which shall be captured in the SWPP plan including, but not limited to, confining
refueling and equipment maintenance to a hard - surface staging area with spill
containment features and a spill clean-up kit, and pipe slope drains used to convey storm
water over steep slopes.
9.3.3 Clearing and Grading. Clearing and grading shall be allowed only pursuant to a
phased construction plan approved by the Director of Public Works. Clearing and grading
shall occur only between May 1 and September 30 unless otherwise approved by the
Director of Public Works.
9.4 Traffic Mitigation. CFC shall perform, as part of Project construction and prior to
issuance of certificate of occupancy unless otherwise noted, the following traffic mitigation as
required and approved by the Director of Public Works.
9.4.1 CFC shall reconstruct 18`'' Avenue South from the existing berm to South 344"
Street to a modified street section, consisting of 24 foot wide street with vertical curbs and
gutters, consistent with Exhibit G -1 to the Concomitant Agreement and Development
Agreement between the City of Federal Way and the Christian Faith Center recorded
under King County Recording No. 20040819000548 and incorporated herein by this
reference. Traffic calming elements shall be installed, including two speed humps, one
crosswalk, bulb outs at the intersection of 18'" Avenue South and South 341" Street and
18d' Avenue South and South 344' Street to narrow the throat width of 18"' Avenue South
to 20 feet, and street signage shall be installed to address no through traffic, children
playing, speed humps, crosswalk, and speed limit.
9.4.2 CFC shall improve South 344`" Street from le Avenue South to 180' Avenue
South consistent with Exhibit G -2 to the Concomitant Agreement and Development
Agreement between the City of Federal Way and the Christian Faith Center recorded
under King County Recording No. 20040819000548 and incorporated herein by this
reference. Construction shall consist of Type R Street. The north side shall consist of a 40
foot wide street with curb and gutters, four -foot planter strip with street trees, six -foot
sidewalk, and street lights. The improvements shall be tied into the existing improvements
to the west end of South 344t` Street to the east side of the intersection of South 344',
Street and I Avenue South. On the south side, only curb and gutter shall be required.
CFC shall construct improvements within existing right -of -way.
9.4.3 CFC shall improve South 340 Street through the intersection of 160' Avenue
South and shall signalize the intersection of South 340110" Avenue South consistent
with Exhibit G -3 to the Concomitant Agreement and Development Agreement between
the City of Federal Way and the Christian Faith Center recorded under King County
Recording No. 20040819000548 and incorporated herein by this reference. CFC shall
construct improvements within existing right -of -way.
9.4.4 CFC shall construct street improvements consistent with Exhibit G -4 to the
Concomitant Agreement and Development Agreement between the City of Federal Way
and the Christian Faith Center recorded under King County Recording No.
20040819000548 and incorporated herein by this reference, in order to signalize the
intersection of SR 99 and South 344" Street and provide a westbound -to- southbound left-
turn lane within existing right -of -way. If delays beyond the control of CFC and the City
prevent the completion of these improvements by the time of issuance of the certificate of
occupancy, CFC may obtain a certificate of occupancy subject to the Public Works
Director requiring temporary traffic control measures for up to one hour following the end
of each Sunday service until such time that the traffic signal is operational.
9.4.5 CFC shall perform a sight distance study, propose a conceptual intersection plan
for the intersection of 20`x' Avenue South at South 341" Street to be approved by the
Director of Public Works, and construct improvements as determined by the Director of
Public Works.
9.4.6 CFC shall construct street improvements along South 336' Street consistent with
Exhibits G -5 and G -6 to the Concomitant Agreement and Development Agreement
between the City of Federal Way and the Christian Faith Center recorded under King
County Recording No. 20040819000548 and incorporated herein by this reference. The
improvements shall be consistent with Type M street between SR 99 and 20'h Avenue
South, consisting of an 18 -foot half -street with curbs and gutter, six-foot planter strip with
street trees, eight -foot sidewalk, street lights, underground utilities, and three -foot utility
strip. Improvements will be consistent with Type K street between 20`h Avenue South and
I -5, consisting of a 22 -foot half -street with curb and gutter, six -foot planter strip with
street trees, eight -foot sidewalk, street lights, underground utilities, and three -foot utility
strip. A continuous two -way left -turn lane shall be provided between SR 99 and Forest
Lane Town Homes frontage. Curbs and gutter, planter strip, and sidewalk shall also be
provided on the north side between South Garden Court condominiums and Forest Lane
Town Homes to tie into the existing improvements. An eastbound right -turn lane shall be
provided on South 336'h Street at 20'h Avenue South, consisting of a 100 -foot storage
length and 50 -foot taper length. These improvements may be modified by the Director of
Public Works to minimize impacts to wetlands or minimize right -of -way acquisition.
9.4.7 CFC shall improve 20d' Avenue South for a distance of 225 feet '(175 feet of
storage and 50 foot taper) to the north of the intersection of South 336d' Street and
signalize the intersection consistent with Exhibit G -7 to the Concomitant Agreement and
Development Agreement between the City of Federal Way and the Christian Faith Center
recorded under King County Recording No. 20040819000548 and incorporated herein by
this reference.
9A.'8 CFC shall construct an eastbound right turn lane from South 336h Street to 20'"
Avenue South.
9.4.9 CFC shall construct traffic calming elements on 20t' Avenue South from South
3366' Street to South 3301° Street, including traffic circles at South 330"' Street and South
332nd Street and an island diverter at South 336' Street to prevent northbound and
southbound through movements, and construct a sidewalk on the east side of 20d' Avenue
South from South 336& Street to tie in to the existing sidewalk, consistent with Exhibits
G -7 and G -8 to the Concomitant Agreement and Development Agreement between the
City of Federal Way and the Christian Faith Center recorded under King County
Recording No. 20040819000548 and incorporated herein by this reference. CFC shall
construct improvements within existing right -of -way..
9.4. 10 CFC shall provide two transit shelters, shelter footings, litter receptacle pads,
landing pads and benches, one located on 20d' Avenue South in the existing location north
of South 336th Street and one located on South 336`h Street as determined by City staff
with input from King County Metro and Pierce Transit.
9.4.11 Upon a one time request of the Director of Public Works, CFC shall develop and
implement Sunday peak hour timing plans, based on turning movement counts for signal
timing plans collected by CFC for the intersections of 20`h Avenue South and South 336"'
Street, SR 99 and South 324'h Street, SR 99 and South 330`h Street, SR 99 and South 336`'
Street, SR 99 and South 340`h Street, 16`h Avenue South and South 344`h Street, and SR
161 and South 348"' Street.
9.4.12 CFC shall implement a Traffic Management Plan (TMP) for the Project as
approved by the Director of Public Works.
9.4.13 CFC shall pay to the City Three Hundred Fifty Thousand and No /100 Dollars
($350,000.00) to expand the City's existing project at the intersection of South 348d'
Street and SR 161 to provide for the construction of a second northbound right -turn lane
with 550 feet of storage. Payment shall be made one year after receipt of the Certificate of
Occupancy for Phase One of the Project or upon award of the bid to construct the turn
lane whichever shall occur first.
9.4.14 CFC shall pay to King County its pro rata share contribution to the King County
Transportation improvement Plan (TIP) project at South 320'h Street and Military Road in
the amount of Six Hundred Forty-Seven and No /100 Dollars ($647.00).
Except as provided above, CFC shall use its best efforts to acquire any and all right -of -way
necessary to complete the improvements described in this Agreement. If, through no fault of
CFC, CFC is unable to acquire right -of -way necessary to complete the improvements described,
the City and CFC agree to meet and confer on possible alternatives. The Director of Public
Works may modify the required improvements as necessary provided impacts are mitigated.
9.5 Pagment of Pro Rata Share. CFC shall pay, prior to issuance of the certificate of
occupancy for Phase One of its construction as defined in this Agreement, its pro rata share
contribution to impacted City Transportation Improvement Plan (TIP) projects, identified and
calculated below:
o S 348h St: 9`h Ave S — SR 99: $60,500
o S 356`h St: l` Ave S —.SR 99: $50,200
o S 348'h St @ 15` Ave S: $13,100
o S 336° St @ 1g` Way S: $3000
o 12'h Ave SW / SW 344" St Extension: SW Campus Dr — 21' Ave SW: $38,700
o I' Ave S: S 320`h St — S 330" St: $7600
o 21" Ave SW Extension: SW 356'h St — 22nd Ave SW: $2800
o SR 18 @ SR 161: $24,800
o S336 St @ 91h Ave S: $1100
o S 320" St @ I -5: $34,100
Total $235,900
9.6 Surface Water Mitigation. The following stormwater mitigation, as required and
approved by the Director of Public Works, shall be designed by CFC prior to issuance of
construction permits or authorizations and constructed by CFC prior to issuance of certificate of
occupancy.
9
9.6.1 CFC shall design and construct the east basin stormwater detention pond to meet
Level 2 flow control standards.
9.6.2 Consistent with the Process IV Hearing Examiner Decision, CFC shall design and
construct all runoff from the Sanctuary roof for the two -year storm event to be collected
and dispersed through percolation trenches to maintain wetland hydrology in the westerly
wetland.
9.6.3 CFC shall design and construct all surface water treatment facilities from the East
and West 1 subcatchments to include the use of Stormwater Management® filter vault
systems which meet or exceed Resource Stream Protection standards.
9.6.4 CFC shall design and construct stormwater discharge facilities entering into
wetlands or buffers as percolation or infiltration trenches and discharges to wetland
buffers in a dispersed manner consistent with the Process IV Hearing Examiner Decision,
Exhibit H 7 to the Concomitant Agreement and Development Agreement between the City
of Federal Way and the Christian Faith Center recorded under King County Recording
No. 20040819000548 and incorporated herein by this reference, and as approved by the
Director of Public Works.
9.6.5 CFC shall provide, prior to issuance of Building Permit, an Integrated Pest
Management Plan as described in the Ecology Stormwater Manual (Ecology 2001). This
source control BMP shall outline control of fertilizer and pesticide application, soil
erosion, and site debris, and include the use of pesticides/herbicides only as a last resort.
9.7 Wetland Mitigation. CFC shall comply with all conditions contained in the Process. IV
Hearing Examiner Decision dated April 23,, 2004, Exhibit H to the Concomitant Agreement and
Development Agreement between the City of Federal Way and the Christian. Faith Center
recorded under King County Recording No. 20040819000548 and incorporated herein by this
reference, and as approved by the Director of Public Works.
10. Other Project Review Processes and Minor Modifications.
10.1 Other Project Review Processes. The Project will be subject to building permit review
and other applicable review processes. The final design of the buildings and other
improvements, precise location of building footprints, location of utilities, determination of
access points, and other design issues will be determined during that process and must be
consistent with the Agreement.
10.2 Modifications. Minor modifications to the Plan may be approved by the Director of
Community Development Services and processed in accordance with FWCC 22 -1680. Factors
to be considered by the Director of Community Development Services when determining if a
modification to the Plan is minor include but are not limited to the following:
a. Activity changes (excluding change of use of the principal use or expansion of
accessory uses as specified herein) or increases in square footage of gross floor area
as defined by FWCC 22 -1 that do not result in significant additional or modified trip
generation or distribution.
10
b. Changes in the location or number of access points that do not impact traffic safety or
modify trip distribution.
c. Requests for modification of landscaping pursuant to FWCC 22 -1570.
d. Removal of significant trees in conjunction with other actions deemed minor.
e. Addition of fewer than 20 parking stalls outside of areas containing "significant
trees," as defined by the FWCC.
f. Exterior changes that do not significantly add to or alter approved architectural
design.
g. Actions that do not result in impacts to the environment pursuant to the State
Environmental Policy Act requiring issuance of a mitigated threshold determination
of nonsignificance.
h. Actions that do not require review by the hearing examiner.
A modification is not minor if the Director of Community Development Services
determines that there will be substantial changes in the impacts on the neighborhood or the city
as a result of the change. Modifications that are not minor modifications are major
modifications and shall require City Council approval pursuant to FWCC 22 -1680.
11. Waiver and Mutual Release of Claims of Invalidity. The City and CFC acknowledge and.
represent that the terms of this Agreement have been jointly negotiated and that each party enters into
this Agreement voluntarily. Further, CFC and the City agree that this Agreement is authorized under
law and each party waives any claim that the Agreement is invalid or illegal. The agreements and
representations in this Section are material to this Agreement and are being relied upon by both parties.
12. General Provisions.
12.1 Binding on Successors.
12. 1.1 The Agreement shall bind and inure to the benefit of the Parties and their
successors in interest, and may be assigned to any successor in interest to the Project
property -
12.1.2 12.1.2 This Agreement is intended to protect the value of, and facilitate the use and
development of, the Property and to protect the public health, safety, and welfare of the
City. Therefore, the covenants set forth herein shall be construed to and do touch and
concern the Property and the benefits and burdens inuring to CFC and to the City from
this Agreement shall run with the land and shall be binding upon CFC, its heirs,
successors, and assigns, and upon the City.
12.2 Governing Law. This Agreement shall be governed by and interpreted in accordance with
the laws of the State of Washington. Venue for any action to enforce the terms of this
Agreement shall be in King County Superior Court.
12.3 Severability. The provisions of this Agreement are separate and severable. The invalidity
of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the
application thereof to any person or circumstance, shall not affect the validity of the remainder
of this Agreement, or the validity of its application to other persons or circumstances.
nn
12.4 Authori . The City and CFC each represents and warrants to the other that it has the
respective power and authority, and is duly authorized, to execute and deliver this Agreement
and that the persons signing on its behalf are duly authorized to do so. CFC further represents
and warrants that it is the fee owner of the Property, that it has authority to agree to the
covenants and provisions contained herein, and that there are no other persons, entities, or
parties with any fee interest in the Property.
12.5 Amendment. This Agreement may be modified only by written instrument authorized by
the City Council and duly executed by the City Manager and CFC, and their successors and
assigns consistent with FWCC 22 -1679; provided, however, notwithstanding the provisions of
this Agreement to the contrary, the City of Federal Way may, without the agreement of CFC,
adopt and impose upon the Property restrictions and development regulations different than
those set forth herein, if required by a serious threat to public health and safety. Moreover, as
provided. in Section 5 of the Agreement, five years after the date of the execution of the
Agreement, the City may elect, without the agreement of CFC, to apply development
regulations in effect at that time to any development within the scope of the Agreement that has
not been completed at that time.
12.6 Exhibits. All exhibits attached hereto are incorporated herein by this reference as if fully
set forth herein.
12.7 Headings. The headings in this Agreement are inserted for reference only and shall not be
construed to expand, limit, or otherwise modify the terms and conditions of this Agreement.
12:8 integration; Scope of Agreement. This Agreement and its exhibits represent the entire
agreement of the Parties with respect to the subject matter hereof. There are no other
agreements, oral or written, except as expressly set forth herein. This Agreement does not set
forth all conditions applicable to the Project to the extent that additional conditions may be
imposed as part of any permit issued by the City, as required by the Federal Way City Code as
determined by the discretion of the Directors of the Departments of Community Development
Services and/or Public Works.
12.9 Enforcement. Subject to the notice and cure provisions of this section, in the event either
party fails to satisfy any of its obligations under this Agreement, the other party shall have the
right to enforce this Agreement by an action at law for damages or in equity for specific
performance. The Parties acknowledge that damages are not an adequate remedy for breach by
either party. In addition to the remedies set forth herein, in the event of a breach of this
Agreement by CFC, the City may enforce this Agreement under the enforcement provisions of
the Federal Way City Code in effect at the time of the breach and/or it may terminate this
Agreement and take action to amend the Comprehensive Plan and zoning designation of the
Property. No party shall be in default under this Agreement unless it has failed to perform its
duties or obligations under this Agreement for a period of thirty (30) days after written notice of
default from the other party. A notice of default shall specify the nature of the alleged default
and the manner in which the default may be cured. If the nature of the default is such that it
cannot be reasonably cured within thirty (30) days, then a party shall not be deemed in default if
the party commences a cure within thirty (30) days and, thereafter, diligently pursues
completion of the cure.
12.10 Attorneys Fees. in any action brought to enforce this Agreement or for damages resulting
12
from a breach thereof, the prevailing party as determined by the court, shall be entitled to recover
its reasonable attorneys' fees.
12.11 Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit
the police powers of the City granted by the Washington State Constitution or by general law.
This. Agreement is an exercise of the City's police powers, the authority granted under RCW
36.70B.170 -.210, and other laws.
12.12 Recording: Assignment. The Agreement shall be recorded with the Real Property Records
Division of the King County Records and Elections Department.
12.13 No Third Parties. The Agreement is made and entered into for the benefit of the parties
hereto and their successors .and assigns. No other person or entity is an intended third party
beneficiary. No other person or entity shall have any right of action under this Agreement.
IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year
indicated..
CITY OF FEDERAL WAY,
a Washington municipal corporation
BY:
Neal Beats, City Manager
Date: 7
ATTEST: This day of 4, , 200,
La athaway, CMC
Federal Way City Cleric
Approved as to Form
for City f Federal Way:
Q&WAttorney, Patricia - chardson
12
CHRISTIAN FAITH CENTER,
a Washington, nonprofit corg9tal
c
Approved as to Form
for Christian Faith Center.
, AA (, _
Brian Pwier
Lawl4r Burroughs & Baker, PC.
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
On this day, personally appeared before me, the undersigned, a Notary Public in and for the State
of Washington, duly commissioned and sworn, Casey Treat to me known to be the President of
CHRISTIAN FAITH CENTER, a Washington non -profit corporation, the corporation that executed the
within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and
deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she is
authorized to execute said instrument on behalf of said corporation.
Given under my. hand and official seal this 40ay of 2007.
N L. Co"�:
na
7.4
;X .oU . \
G
'i'fjL4'+ d
ji._ ''ttw�.......r.�.[
(notary
(typed/printed name of no'!s}y)
Notary Public in and for the State
of Washington.
My commission expires:
l:\CFC1Amendment to Development Agreement\033007 Development Agreementdoc
13
EXHIBIT A
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
LEGAL DESCRIPTIONS OF PROPERTY
ml
EXHIBIT A
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
LEGAL DESCRIPTIONS OF PROPERTY
PER .CHICAGO TITLE 'CO.ORDER #553764
PARCELS 1 -68- 9,11,12 -13 & TAX LOT #59 IN THE NORTH 1/2 OF THE NW 1/4 OF SEC. 21,
T2IN. R4E. W.M., j G COUNTY, WASHINGTON
TAX LOT 959
PER STATUTORY WARRANTY DEED
REC. #9706091592
THE NORTHEAST QUARTER OF THE WEST HALF OF THE NORTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21,
TOWNSHIP 21 NORTH. RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY,
WASHINGTON; EXCEPT THE SOUTH 30 FEET THEREOF CONVEYED TO KING COUNTY
FOR SOUTH 341 ST. PLACE BY INSTRUMENT RECORDED UNDER NUMBER 8410170757,
SAID INSTRUMENT -BEING A RE- RECORD OF INSTRUMENT RECORDED UNDER
RECORDING NUMBER 8111020670.
EXHIBITS B -1 & B -2
PHASE I AND PHASE II
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
DEVELOPMENT PLAN
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EXHIBITS C, C -1- C -6
PHASE 1 AND PHASE II
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
LIST OF PERMITTED ACCESSORY USES AND PHASING PLAN
17
EXHIBIT C
PHASE I & PHASE 11 CHART OF USES
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
LIST OF PERMITTED ACCESSORY USES
CHRISTIAN FAITH CENTER — CHART OF AREA USES
SANCTUARY FIRST FLOOR
SF - PHASE I
SF - PHASE II
Sanctuary/School Auditorium (includes stage) 4,500 seats
42,586.43
42,586.43
Multi- purpose rooms
8,817.94
8,817.94
Bookstore with caf6
3,702.16
3,702.16
Youth Church (multl- purpose rooms/chapel)
14,095.82
14,095.82
Children's Church (chapels, classrooms)
5,845.08
11,690.16
Christian Faith School In Chapel #1 area
5,845.08
0
Daycare
14,886.17
17,563.60
CFS school held In daycare area (K-1)
2,677.43
0
Music area -choir room (room behind stage)
1,772.37
1,772.37
Room 1300 - Prayer Room
1,613.67
1,613.67
Other areas (storage fecrilities, mechanical room,
computer /phone room, TVlaudlo department, baptismal,
kitchen, distribution center, hallways, facilities offices,
wedding chapel, meeting room, bathrooms; etc.)
62,477.14
62,477.14
11t Floor Sub -total Phase 1
164.319.29
Phase 11 164.319.29
SANCTUARY SECOND FLOOR
SF -PHASE 1 SF - PHASE II
Dominion College (future multi- purpose rooms, classrooms,
library and staff offices)
0
21,062.82
Christian Faith School
21,082.82
0
Administrative offices
18,288.96
18,288.96
Other areas (storage facilities, hallways, bathroom, etc.)
14.828.93
14.828.9
2nd Floor Sub -total Phase 1
54,180.71
Phase ll , ..180.71
Grand Total Phase 1
218.500.00
Phase 11 218,300.00
CHRISTIAN FAITH SCHOOL SF - PHASE I SF - PHASE 11
Christian Faith School (Private School) 900 students 0 101,526.00
CFS Sub -total Phase 1 .0 Phase 11 101.526.00
CFS Grand Total Phase I Q Phase 11 101.526.00
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EXHIBIT F
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
CONCEPTUAL FLOOR PLAN
THIS EXHIBIT HAS BEEN REPLACED BY EXHIBITS Cl -C6
II3
I t
EXHIBITS D. E, G & H
Are attachments D, E. G & H to the Concomitant
Agreement and Development Agreement between the
City of Federal Way and the Christian Faith Center
recorded under King County Recording No.
20040819000548, and are incorporated herein by this
reference.
19
I DATE OUT: I TO: .~oV\
CITY OF FEDERAL WAY LAW DEPARTMENT
DATE IN:
REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP
1.
2.
4.
5.
6.
7.
8.
9.
10.
11.
ORIGINATING DEPT./DIV:
CDS/PLANNING
ORIGINATING STAFF PERSON: LORI MICHAELSON
N/A
EXT:
2645
3. DATE REQ. BY:
TYPE OF DOCUMENT REQUESTED (CHECK ONE)
0 PROFESSIONAL SERVICE AGREEMENT
0 MAINTENANCEILABOR AGREEMENT
0 PUBLIC WORKS CONTRACT
0 SMALL PUBLIC WORKS CONTRACT
(LESS THAN $200,000)
0 PURCHASE AGREEMENT)
(MATERIALS, SUPPLIES, EQUIPMENT)
0 REAL ESTATE DOCUMENT
0 SECURITY DOCUMENT (E.G. AGREEMENT &
PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND)
0 CONTRACTOR SELECTION DOCUMENT
(E.G., RFB, RFP, RFQ)
0 CONTRACT AMENDMENT
0 CDBG
IBI OTHER
AG#:
PROJECT NAME: CHRISTIAN FAITH CENTER CONCOMITANT AGREEMENT & DEVELOPMENT AGREEMENT
NAME OF CONTRACTOR:
ADDRESS:
SIGNATURE NAME:
0111 ~-h W111i I f-h ~
TELEPHONE
TITLE
ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT
0 INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE
TERM: COMMENCEMENT DATE:
COMPLETION DATE:
TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED 0 YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY
CONTRACT REVIEW
0 PROJECT MANAGER
0 DIRECTOR
0 RISK MANAGEMENT
0 LAW
INITIAL/DATE APPROVED
INITIAL/DATE APPROVED
CONTRACT SIGNATURE ROUTING
0 LAW DEPARTMENT
0 CITY MANAGER
0 CITY CLERK
,P"SfGN COpy BACK TO ORGINATING DEPT.
~-ASSIGNEDAG# o-I-ft:JB
0 PURCHASING: PLEASE CHARGE TO:
INITIAL/DATE APPROVED
.~
COMMENTS
Adopted by City Council on July 20, 2004
10/09/02
C v\{'\ S
6.
Return Address:
~ To(' OF p¿:-P£tZ-A;-L- 4J~y
-f 0, .Box qi-l ~
-~p é~ W.L Y WA-
1ø/J 103 -- q T/ g
CONFORMED COpy
20040819000548
CITY OF FEDERA AG 115.00
PAGE001 OF 097
08/19/200409:20
KING COUNTY, UA
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The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to
verify the accuracy or completeness of the indexing information provided herein.
I am requesting an emergency nonstandard recording for an additional fee as provided in RCW
36.18.010. I understand that the recording processing requirements may cover up or otherwise
obscure some part of the text of the original document.
~~
Signature of Requesting Party
CONCOMIT ANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY AND THE CHRISTIAN FAITH CENTER FOR
DEVELOPMENT OF CHURCH AND PRIVATE SCHOOL
JUL Y 20, 2004
The City of Federal Way ("City") and the Christian Faith Center ("CFC"), a Washington
nonprofit corporation, collectively referred to herein as "the Parties", enter into the following concomitant
agreement and development agreement ("Agreement") regarding the rezoning of certain property and the
scope of permissible development, use, and mitigation of environmental impacts associated with the
campus development of a church and private school ("Project"), through construction of the buildings
and related improvements on the CFC property.
The agreement is both a concomitant agreement and a development agreement. The concomitant
agreement allows for a rezone of certain property subject to development standards and conditions
governing the use of the property. The development agreement provides the developer with certainty
regarding the local regulations and mitigation requirements that will govern development for a specified
project. The concomitant agreement is a condition to and limitation upon the rezone of the property, if
adopted by the City Council. That is, if the site is rezoned subject to concomitant agreement, its use and
development is restricted both by the regulations applicable to the new zoning classification and the
provisions of the concomitant agreement, and where development standards in the agreement are more
restrictive, they goyern property development. The development of the property is conditioned and
limited by both the development agreement and concomitant agreement, and they have been combined
into one document.
1. Location. CFC is the owner of certain real property situated in Federal Way, Washington,
located south of South 336th Street between SR-99 and Interstate 5 (the "Property"). The Property is more
particularly described on Exhibit A attached hereto and incorporated herein by this reference.
2. Project Description. The Project consists of development of a 218,500 square foot building for
church sanctuary/school auditorium/administrative services a 101,526 square foot private school building,
and associated parking and recreational and athletic fields as depicted on the Development Plan, attached
hereto as Exhibit B and incorporated herein by this reference (the "Plan" or "Development Plan").
3. Concomitant Agreement. If the Property is rezoned from Business Park (BP) to RM 3600 by
the Federal Way City Council, CFC and the City agree that the Property may be developed only in
accordance with the standards and mitigation set forth in the Agreement. The Property shall be developed
as described in the Agreement, and as depicted in the Development Plan. The allowable use of the
property shall be limited to that described in the Agreement. All development standards, including
mitigation, identified in the Agreement shall apply to Property development. No development on the
Property shall be inconsistent with the Agreement or City Code. The Property is subject to the
Agreement, and shall be deyeloped only in accordance with the development standards identified within
the Agreement, including the Development Plan (except for minor modifications permitted by Section 10
of the Agreement), unless and until the Agreement is amended or rescinded, as authorized by the City.
4. Deyelopment Agreement. The Agreement is authorized by RCW 36.70B.170 through .210 and
FWCC 22-1660 through 22-1680. It addresses Project development standards, which are defined in the
statute to include, for example, impact fees, mitigation, design standards, phasing issues, review
procedures, vesting issues, and any other appropriate development requirements. I The Agreement
provides the City and CFC with certainty as to the type of Project that will be built, the type of mitigation
that will be provided, and the development regulations to which the Project will vest.
The Project is consistent with CUITent local regulatory requirements? As authorized by state
statute/ the Agreement identifies mitigation under City codes and the State Environmental Policy Act
(Chapter 43.21 C RCW, "SEP A") required for the project.
5. Vesting. City development regulations, as found in the Federal Way City Code (FWCC) or
otherwise legislatively adopted4, and the mitigation measures adopted herein shall govern the Project for a
period of five years, dating from execution of the Agreement. Any amendments or additions made to
City development regulations during the five year period shall not apply to or affect the development,
except as otherwise provided, or if other county, state or federal laws preempt the City's authority to vest
regulations. The City reserves the authority to impose new or different officially adopted regulations to
the extent required by a serious threat to the public health and safety.s After the fiye-year period,
amendments or additions made by the City to these development regulations and the mitigation measures
adopted herein shall apply to any subsequent or further development of the Property. Otherwise, the
Property and the uses thereof that are developed consistent with this Agreement shall be deemed legal,
nonconforming uses. Provisions of the Agreement, including specifically identified development
standards and mitigation measures, do not terminate after the five-year period and continue to restrict
development of the Property unless and until amended by the City.
6. Project Mitigation Under SEPA. The Project has been subject to detailed environmental
review. A Final Environmental Impact Statement ("FEIS") was issued on March 3, 2004 and addenda
were issued April 16, 2004 and May 21,2004. Mitigation of significant adverse environmental impacts
imposed under SEPA, through the City's SEPA regulations, is incorporated into the Agreement.
7.
Deyelopment of CFC Property.
7.1 Permitted Uses. CFC coyenants and agrees that it will limit any use of the Property to the
church and school uses, as depicted in the Development Plan, attached as Exhibit B. Both the
church and school are classified as principal uses for application of FWCC Sections 22-671 and
22-674. Accessory uses shall be limited to those approved as a part of this Agreement and shown
on the attached Plan or List of Permitted Accessory Uses, attached as Exhibit C, or any accessory
use determined by the Director of Community Development Services to be allowed, or analogous
to an allowed accessory use, in the RM 3600 zone.
7.2 Relationship Between City Development Regulations and Development Standards
Identified in Agreement. Development Regulations include all provisions of the Federal Way
City Code (FWCC), including without limitation FWCC Chapters 18 through 22. The
Development Regulations for the Property include those applicable to the RM 3600 zone and as
1 RCW 36.70B.170(3).
2 RCW 36.70B.170(1).
J RCW 36.70B.170(3)(c).
, Legal requirements include legislatively adopted standards governing development, such as zoning, building and development regulations. impact fees, SEP A regulations and
substantive SEP A policies. and other laws. ordinances or policies.
5 See RCW 36.70B.170(4).
2
set forth in the Agreement. The Agreement establishes site specific development standards,
including mitigation. Property deyelopment shall be consistent with both development
regulations and the development standards identified in the Agreement. Where the development
standards in the Agreement are more restrictiye, they shall goyern development of the Property,
as specified herein.
7.3 Construction Phasing. Project construction shall be limited to two phases. Phase One
shall comprise construction of the building for the church sanctuary, auditorium, meeting rooms
and administrative offices, and the first 81,323 square feet of the school building, together with
all on-site and off-site improvements required by this Agreement and by the conditions of any
related permit approval. Phase Two shall comprise construction of a future second-story 20,203
square foot addition to the school building. Each phase, with the exception of improvements
completely within the interior of a building, must be substantially completed within twenty-four
(24) months of issuance of the building permit for that phase, except for delays beyond the
control of CFC and approyed by the Director of Community Deyelopment Services which
approval shall not be unreasonably withheld. Project construction shall be completed within five
years of the execution of this Agreement, except for delays beyond the control of CFC and
approved by the Director of Community Development Services which approval shall not be
unreasonably withheld.
8. Settlement Agreement. The Parties shall be bound by the Settlement Agreement between the
City of Federal Way and Federal Way Industrial Park, Inc., dated February 5, 1996, attached hereto as
Exhibit D and incorporated herein by this reference. The Settlement Agreement provides certain
development standards and other provisions applicable to use and development of the Property, which are
consistent with the terms of this Agreement. The terms of this Agreement shall control oyer any
inconsistent terms in the Settlement Agreement.
9. Development Standards, Including Mitigation. The Project shall be consistent with all
specified development standards. CFC shall construct, install or implement, as part of Project
Construction, all mitigation required by the Agreement. The City Council has reviewed the EIS and the
record. Mitigation has been developed based on these documents.
9.1
Project Design and Site Configuration.
9.1.1 Building Setback. All site improvements shall be setback from South 336th
Street a minimum of 50 feet. The property bordering South 336th Street shall be deemed
the front yard for purposes of this Agreement. Remaining rear and side setbacks for the
church building shall be 30 feet from any property line or right-of-way. Remaining side
and rear setbacks for the school building, ball fields, and any playground equipment shall
be 50 feet from any property line or right-of-way.
9.1.2 Building Height. The maximum allowed height of single-story elements of the
church building is 35 feet above average building elevation (ABE), with up to three
additional feet allowed for articulated cornices; the maximum allowed height for second-
story elements containing offices, classrooms, library and similar uses is 40 feet aboye
ABE. The maximum height of the school building is 40 feet above ABE with up to three
additional feet allowed for articulated cornices. The maximum allowed height for the
church sanctuary/school auditorium portion of the building and the gymnasium is 55 feet
above ABE.
3
9.1.3 Landscaping. CFC shall provide an approved landscape plan, prior to issuance of
the Phase One building permit, incorporating the following features. The landscape plan
shall be prepared by a landscape architect in consultation with a habitat biologist, whose
recommendations shall be incorporated into the plan.
9.1.3.1 Perimeter Landscaping. CFC shall provide a combination of existing and
new native landscaping to accomplish Type III landscaping along all property
lines and public rights-of-way and access easements. Along South 336th Street,
landscaping shall be 50 feet in width consisting of 25 feet of a combination of
Existing Native and Type III landscaping and 25 feet of Type IV landscaping.
Along all other property lines associated with that portion of the Property
containing the church, landscaping shall be 15 feet in width consisting of 10 feet
of a combination of Existing Native and Type III landscaping and 5 feet of Type
IV landscaping. Wetlands and wetland buffers which are vegetated in
accordance with a City approved wetland mitigation plan and landscape plan and
which are in excess of fifty (50) feet between the development and the property
line shall be deemed to have satisfied the landscaping requirements of that
property line.
9.1.3.2 Detention Pond Landscaping. Landscaping around detention ponds shall
comply with the approved landscape plan and include at a minimum provision
for dense bank cover and trees larger than the minimum required by FWCC to
provide shade and reduce water temperature. For purposes of this Agreement,
the term "larger" means deciduous trees larger than 3 inch caliper and evergreen
trees taller than eight feet.
9.1.3.3 Habitat Retention. CFC shall provide a fifty (50) foot wide wildlife
corridor from the west wetland to the east wetland with small animal culyert
crossings under proposed roads and water ponding areas along the wildlife
corridor, at a spacing of approximately 200 feet, to provide drinking areas for
small animals.
9.1.4
Parking.
9.1.4.1 Setback. Parking shall be permitted within the required side and rear
yards, but not within 10 feet of any property line associated with the school or
within 15 feet of any property line associated with the church or within any
required buffer.
9.1.4.2 Number of Stalls. CFC shall provide a minimum of 1,406 parking stalls
and a maximum of 1,540 parking stalls.
9.1.4.3 Parking Dimensions. Maximum parking lot and stall dimensional
requirements shall be equivalent to corresponding minimum FWCC requirements
except as modified by the attached Exhibit E.
9.1.4.4 Overflow Parking/Special Events. Overflow parking shall be permitted
only pursuant to a parking plan approved by the Director of Public Works. CFC
4
shall develop and submit a plan for approval by the Director of Public Works
prior to special events to manage oyertlow parking through an aITangement with
an appropriate transit provider or local hosts for shared use of additional off-site
parking spaces and shuttle transportation connecting the overflow parking areas
and the site during special events or in the event of recurring overflow parking
conditions. CFC shall be responsible for all costs associated with traffic control
including, but not limited to, flaggers, police officers, signs, and shuttle
transportation.
9.1.5
Size Limitation.
9.1.5.1 School. The school structure shall be limited to 101,526 square feet,
including 81,323 square feet in Phase One and 20,203 square feet in Phase Two,
as depicted in the attached Conceptual Floor Plan, Exhibit F. The day care shall
be located in the main church/sanctuary/administration building and shall be
limited to 33,000 square feet. Based on these maximum square footages, total
enrollment of the school and daycare shall be limited to a maximum of 900 full-
time students.
9.1.5.2 Sanctuary. Sanctuary occupancy shall conform to all applicable local,
state and federal laws and regulations and shall not exceed 4,500 occupants.
9.1.5.3 College. The Dominion College shall be considered an accessory use to
the church and as such shall primarily serve CFC students and staff and members
of the CFC congregation. The Dominion College shall be limited to 23,000
square feet as depicted in the attached Conceptual Floor Plan, Exhibit F. Based
on this square footage, enrollment shall be limited to a maximum of 225 students.
9.1.5.4 Recreation Areas. Exterior recreation and play areas shall be provided in
a minimum amount of 27,026 square feet in the school yard, a minimum 100,000
square feet in the recreation/sports field, and 4,613 square feet in the church day
care area. Such minimum areas shall be permanently maintained as recreation
and play areas.
9.2 Operational Limitations. CFC operations shall be consistent with the schedule and
restrictions listed below. Changes in the below schedule, which was provided by the applicant,
shall be reviewed under FWCC 22-1680 to ensure that the project remains consistent with the
review completed under SEP A and the FWCc. Minor modifications may be approved by the
Director ofCornmunity Deyelopment Services, as specified in FWCC 22-1680.
9.2.1 Church Service Hours. Church services shall be limited to one weekday evening
service (typically on Wednesdays) which shall not begin before 6:30 p.m. and Sunday
church services shall be separated by at least one and onelhalf hours between services.
9.2.2 Dominion College Hours. Dominion College classes shall not be held on
weekends or between the hours of noon and 6:30 p.m. weekdays.
9.2.3
Bible Study Hours. Bible Study classes shall be held only weekdays before
noon.
5
9.2.4
School Hours. School classes shall be completed no later than 3:30 p.m. daily.
9.2.5 Holiday Services/Special Events. Holiday services and special events shall be
scheduled consistent with the approyed Traffic Management Plan (TMP) required by
9.4.12 and consistent with 9.1.4.4.
9.3
Construction Mitigation.
9.3.1 Erosion Sediment Control. CFC shall designate and provide an onsite Erosion
Sediment Control (ESe) Supervisor approved by the Director of Public Works, who
possesses a Construction Site Erosion and Sediment Control Certification by the
Washington State Department of Transportation (WSDOT). This ESC Supervisor shall
be available for the duration of the project. The qualifications and responsibilities of the
ESC Supervisor are outlined in the 1998 King County Surface Water Design Manual.
(KCSWDM) and City of Federal Way Addendum. The Director of Public Works may
further limit clearing and grading activities on the site based on recommendations from
the ESC Supervisor and requirements of the KCSWDM.
9.3.2 Stormwater Pollution Prevention Plan. A construction Stormwater Pollution
Prevention Plan (SWPPP) shall be provided by CFC and reviewed and approved by the
Director of Public Works prior to issuance of any construction permits or authorizations.
Construction phasing shall be included in this plan. CFC has proposed several BMP's
which shall be captured in the SWPP plan including, but not limited to, confining
refueling and equipment maintenance to a hard-surface staging area with spill
containment features and a spill clean-up kit, and pipe slope drains used to convey storm
water over steep slopes.
9.3.3 Clearing and Grading. Clearing and grading shall be allowed only pursuant to a
phased construction plan approved by the Director of Public Works. Clearing and
grading shall occur only between May 1 and September 30 unless otherwise approved by
the Director of Public Works.
9.4 Traffic Mitigation. CFC shall perform, as part of Project construction and prior to
issuance of certificate of occupancy unless otherwise noted, the following traffic mitigation as
required and approved by the Director of Public Works.
9.4.1 CFC shall reconstruct 18th Avenue South from the existing berm to S 344th Street
to a modified street section, consisting of 24 foot wide street with vertical curb and
gutter, 5-foot sidewalks, and two additional street lights mounted on existing power
poles, consistent with the attached Exhibit G-l. Traffic calming elements shall be
installed, including 2 speed humps, 1 crosswalk, bulb outs at the intersection of 18th
Avenue South and S 341 5t Street and 18th Avenue South and S 344 th Street to narrow the
throat width of 18th Avenue South to 20 feet, and street signage shall be installed to
address no through truck traffic, children playing, speed humps, crosswalk and speed
limit.
9.4.2 CFC shall improve S 344th Street ttom 16th Avenue S to 18th Avenue S consistent
with the attached Exhibit G-2. Construction shall consist of Type R Street. The north
side shall consist of a 40 foot wide street with curb and gutters, 4 foot planter strip with
6
street trees, 6 foot sidewalk, and street lights. The improvements shall be tied into the
existing improvements to the west end of S 344th Street to the east side of the intersection
of S 344th Street and 16th Ayenue S. On the south side, only curb and gutter shall be
required. CFC shall construct improvements within existing right-of-way.
9.4.3 CFC shall improve S 344th Street through the intersection of 16th Avenue Sand
shall signalize the intersection of S 344th/16th Ave S consistent with the attached Exhibit
G-3. CFC shall construct improyements within existing right-of-way.
9.4.4 CFC shall construct street improvements consistent with the attached Exhibit G-4
to signalize the intersection of SR 99 and S 344th Street and provide a westbound-to-
southbound left-turn lane within existing right-of-way. If delays beyond the control of
CFC and the City prevent the completion of these improvements by the time of issuance
of certificate of occupancy, CFC may obtain a certificate of occupancy subject to the
Public Works Director requiring temporary traffic control measures for up to one hour
following the end of each Sunday service until such time that the traffic signal is
operational.
9.4.5 CFC shall perfonn a sight distance study, propose a conceptual intersection plan
for the intersection of 20th Avenue S at S 341 5t Street to be approved by the Director of
Public Works, and construct improvements as detennined by the Director of Public
Works.
9.4.6 CFC shall construct street improvements along S 336th Street consistent with the
attached Exhibits G-5 and G-6. The improvements shall be consistent with Type M street
between SR 99 and 20th Avenue S, consisting of an 18-foot half-street with curbs and
gutter, 6-foot planter strip with street trees, 8-foot sidewalk, street lights, underground
utilities, and 3-foot utility strip. Improyements will be consistent with Type K street
between 20th Avenue Sand 1-5, consisting of a 22-foot half-street with curb and gutter, 6-
foot planter strip with street trees, 8 foot sidewalk, street lights, underground utilities, and
3-foot utility strip. A continuous two-way left-turn lane shall be provided between SR 99
and Forest Lane Town Homes frontage. Curbs and gutter, planter strip, and sidewalk
shall also be provided on the north side between South Garden Court condominiums and
Forest Lane Town Homes to tie into the existing improvements. An eastbound right-turn
lane shall be provided on S 336th Street at 20th Avenue S, consisting of a IOO-foot storage
length and 50-foot taper length. These improvements may be modified by the Director of
Public Works to minimize impacts to wetlands or minimize right-of-way acquisition.
9.4.7 CFC shall improve 20th Avenue S for a distance of 225 feet (175 feet of storage
and 50 foot taper) to the North of the intersection of S 336th Street and signalize the
intersection consistent with the attached Exhibit G- 7.
9.4.8 CFC shall construct an eastbound right turn lane from S. 336th Street to 20th
Avenue S.
9.4.9 CFC shall construct traffic calming elements on 20th Avenue S from S 336th
Street to S 330th Street, including traffic circles at S 330th Street and S 332od Street and an
island diverter at S 336th Street to prevent northbound and southbound through
movements, and construct a sidewalk on the east side of 20th Avenue S from S 336tll
7
Street to tie in to the existing sidewalk, consistent with the attached Exhibits G- 7 and G-
~. CFC shall construct improvements within existing right-of-way.
9A.IO CFC shall provide two transit shelters, shelter footings, litter receptacle pads,
landing pads and benches, one located on 20th Avenue S in the existing location north of
S 336th Street and one located on S 336th Street as determined by City staff with input
from King County Metro and Pierce Transit.
9A.ll Upon a one time request of the Director of Public Works, CFC shall develop and
implement Sunday peak hour timing plans, based on turning movement counts for signal
timing plans collected by CFC for the intersections of 20th Avenue Sand S 336th Street,
SR 99 and S 324th Street, SR 99 and S 330th Street, SR 99 and S 336th Street, SR 99 and S
340th Street, 16th Avenue Sand S 344th Street, and SR 161 and S 348th Street.
9A.12 CFC shall implement a Traffic Management Plan (TMP) for the Project as
approyed by the Director of Public Works.
9A.13 CFC shall pay to the City Three Hundred Fifty Thousand and NollOO Dollars
($350,000.00) to expand the City's existing project at the intersection of S 34Sth Street
and SR 161 to provide for the construction of a second northbound right-turn lane with
550 feet of storage. Payment shall be made one year after receipt of the Certificate of
Occupancy for Phase One of the Project or upon award of the bid to construct the turn
lane whichever shall occur first.
9A.14 CFC shall pay to King County its pro rata share contribution to the King County
Transportation Improvement Plan (TIP) project at South 320th Street and Military Road in
the amount of Six Hundred Forty-Seven and No/I 00 Dollars ($647.00).
Except as provided above, CFC shall use its best efforts to acquire any and all right-of-way
necessary to complete the improvements described in this Agreement. If, through no fault of CFC, CFC
is unable to acquire right-of-way necessary to complete the improvements described, the City and CFC
agree to meet and confer on possible alternatives. The Director of Public Works may modify the required
improyements as necessary proYided impacts are mitigated.
9.5 Payment of Pro Rata Share. CFC shall pay, prior to issuance of the certificate of
occupancy for Phase One of its construction as defined in this Agreement, its pro rata share
contribution to impacted City Transportation Improvement Plan (TIP) projects, identified and
calculated below:
0 S 348th Street: 9th Ave S - SR 99: $60,500
0 S 356th St: 1st Ave S - SR 99: $50,200
0 S 34Sth St @ 1st Ave S: $13,100
0 S 336th St @ 1st Way S: $3000
0 Ith Aye SW / SW 344Úl St Extension: SW Campus Dr - 21st Ave SW: $38,700
0 1st Ave S: S 320th St - S 330th St: $7600
0 21 st Ave SW Extension: SW 356th St - 22od Ave SW: $2800
0 SR IS @ SR 161: $24,800
0 S 336th St @ 9th Ave S: $1100
8
0
S 320th St@ 1-5: $34,100
Total $235,900
9.6 Surface Water Mitigation. The following storm water mitigation, as required and
approved by the Director of Public Works, shall be designed by CFC prior to issuance of
construction permits or authorizations and constructed by CFC prior to issuance of certificate of
occupancy.
9.6.1 CFC shall design and construct the east basin storm water detention pond to meet
Level 2 flow control standards.
9.6.2 Consistent with the Process IV Hearing Examiner Decision, CFC shall design
and construct all runoff from the Sanctuary roof for the 2 year storm event to be collected
and dispersed through percolation trenches to maintain wetland hydrology in the westerly
wetland.
9.6.3 CFC shall design and construct all surface water treatment facilities from the East
and West I subcatchments to include the use of Stormwater Management@filter vault
systems which meet or exceed Resource Stream Protection standards.
9.6.4 CFC shall design and construct storm water discharge facilities entering into
wetlands or buffers as percolation or infiltration trenches and discharges to wetland buffers
in a dispersed manner consistent with the Process IV Hearing Examiner Decision and as
approved by the Director of Public Works.
9.6.5 CFC shall provide, prior to issuance of Building Permit, an Integrated Pest
Management Plan as described in the Ecology Stormwater Manual (Ecology 2001). This
source control BMP shall outline control of fertilizer and pesticide application, soil
erosion, and site debris, and include the use of pesticides/herbicides only as a last resort.
9.7 Wetland Mitigation. CFC shall comply with all conditions contained in the Process IV
Hearing Examiner Decision dated April 23, 2004 and attached hereto as Exhibit H.
10.
Other Project Review Processes and Minor Modifications.
10.1 Other Project Review Processes. The Project will be subject to building permit review
and other applicable review processes. The final design of the buildings and other improvements,
precise location of building footprints, location of utilities, determination of access points, and
other design issues will be determined during that process and must be consistent with the
Agreement.
10.2 Modifications. Minor modifications to the Plan may be approved by the Director of
Community Development Services and processed in accordance with FWCC 22-1680. Factors to
be considered by the Director of Community Development Services when determining if a
modification to the Plan is minor include but are not limited to the following.:
a. Activity changes (excluding change of use of the principal use or expansion of accessory
uses as specified herein) or increases in square footage of gross floor area as defined by
9
FWCC section 22-1 that do not result in significant additional or modified trip generation
or distribution.
b. Changes in the location or number of access points that do not impact traffic safety or
modify trip distribution.
c. Requests for modification of landscaping pursuant to FWCC 22-1570.
d. Removal of significant trees in conjunction with other actions deemed minor.
e. Addition of fewer than twenty parking stalls outside of areas containing "significant
trees" as defined by FWCC.
f. Exterior changes that do not significantly add to or alter approved architectural design.
g. Actions that do not result in impacts to the' environment pursuant to the State
Environmental Policy Act requiring issuance of a mitigated threshold determination of
nonsignificance.
h. Actions that do not require review by the hearing examiner.
A modification is not minor if the Director of Community Development Services determines that
there will be substantial changes in the impacts on the neighborhood or the city as a result of the change.
Modifications that are not minor modifications are major modifications and shall require City Council
approval pursuant to FWCC 22-1680.
11. Waiver and Mutual Release of Claims of Invalidity. The City and CFC acknowledge and
represent that the terms of this Agreement have been jointly negotiated and that each party enters into this
Agreement voluntarily. Further, CFC and the City agree that this Agreement is authorized under law and
each party waives any claim that the Agreement is invalid or illegal. The agreements and representations
in this Section are material to this Agreement and are being relied upon by both parties.
12.
General Provisions.
12.1
Binding on Successors.
12.1.1 The Agreement shall bind and inure to the benefit of the Parties and their
successors in interest, and may be assigned to any successor in interest to the Project
property.
12.1.2 This Agreement is intended to protect the value of, and facilitate the use and
development of, the Property and to protect the public health, safety, and welfare of the
City. Therefore, the covenants set forth herein shall be construed to and do touch and
concern the Property and the benefits and burdens inuring to CFC and to the City from
this Agreement shall run with the land and shall be binding upon CFC, its heirs,
successors, and assigns, and upon the City.
12.2 Governing Law. This Agreement shall be governed by and interpreted in accordance
with the laws of the State of Washington. Venue for any action to enforce the terms of this
Agreement shall be in King County Superior Court.
12.3 Seyerability. The provisions of this Agreement are separate and severable. The invalidity
of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the
application thereof to any person or circumstance, shall not affect the validity of the remainder of
this Agreement, or the validity of its application to other persons or circumstances.
10
12.4 Authority. The City and CFC each represents and wafTants to the other that it has the
respective power and authority, and is duly authorized, to execute and deliver this Agreement and
that the persons signing on its behalf are duly authorized to do so. CFC further represents and
wafTants that it is the fee owner of the Property, that it has authority to agree to the covenants and
provisions contained herein, and that there are no other persons, entities, or parties with any fee
interest in the Property.
12.5 Amendment. This Agreement may be modified only by written instrument authorized by
the City Council and duly executed by the City Manager and CFC, and their successors and
assigns consistent with FWCC 22-1679; provided, however, notwithstanding the provisions of
this Agreement to the contrary, the City of Federal Way may, without the agreement of CFC,
adopt and impose upon the Property restrictions and development regulations different than those
set forth herein, if required by a serious threat to public health and safety. Moreover, as provided
in Section 5 of the Agreement, five years after the date of the execution of the Agreement, the
City may elect, without the agreement of CFC, to apply development regulations in effect at that
time to any development within the scope of the Agreement that has not been completed at that
time.
12.6 Exhibits. All exhibits attached hereto are incorporated herein by this reference as if fully
set forth herein.
12.7 Headings. The headings in this Agreement are inserted for reference only and shall not
be construed to expand, limit or otherwise modify the terms and conditions of this Agreement.
12.8 Integration; Scope of Agreement. This Agreement and its exhibits represent the entire
agreement of the Parties with respect to the subject matter hereof. There are no other agreements,
oral or written, except as expressly set forth herein. This Agreement does not set forth all
conditions applicable to the Project to the extent that additional conditions may be imposed as
part of any permit issued by the City, as required by the Federal Way City Code as determined by
the discretion of the Directors of the Departments of Community Development Services and/or
Public Works.
12.9 Enforcement. Subject to the notice and cure provisions of this section, in the event either
party fails to satisfy any of its obligations under this Agreement, the other party shall haye the
right to enforce this Agreement by an action at law for damages or in equity for specific
performance. The Parties acknowledge that damages are not an adequate remedy for breach by
either party. In addition to the remedies set forth herein, in the event of a breach of this
Agreement by CFC, the City may enforce this Agreement under the enforcement provisions of
the Federal Way City Code in effect at the time of the breach and/or it may terminate this
Agreement and take action to amend the Comprehensive Plan and zoning designation of the
Property. No party shall be in default under this Agreement unless it has failed to perform its
duties or obligations under this Agreement for a period of thirty (30) days after written notice of
default from the other party. A notice of default shall specify the nature of the alleged default and
the manner in which the default may be cured. If the nature of the default is such that it cannot be
reasonably cured within thirty (30) days, then a party shall not be deemed in default if the party
commences a cure within thirty (30) days and, thereafter, diligently pursues completion of the
cure.
11
12.10 Attorneys Fees. In any action brought to enforce this Agreement or for damages
resulting from a breach thereof, the prevailing party as determined by the court, shall be entitled
to recover its reasonable attorneys' fees.
12.11 Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit
the police powers of the City granted by the Washington State Constitution or by general law.
This Agreement is an exercise of the City's police powers, the authority granted under RCW
36. 70B.170-.21 0, and other laws.
12.12 Recording; Assignment. The Agreement shall be recorded with the Real Property
Records Division of the King County Records and Elections Department.
12.13 No Third Parties. The Agreement is made and entered into for the benefit of the parties
hereto and their successors and assigns. No other person or entity is an intended third party
beneficiary. No other person or entity shall have any right of action under this Agreement.
IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year
indicated.
BY:
BY:
CHRISTIAN FAITH CENTER,
a Washingto onprofit corporation
Date:
,2004.
r
N. hristine Green, CMC
Federal Way City Clerk
Approved as to Form
for City of Federal Way:
Approved as to Form
for Christian Faith Center:
awler
BuIToughs & Baker, PC
12
STATE OF WASHINGTON
)
)ss.
)
COUNTY OF KING
On this day, personally appeared before me, the undersigned, a Notary Public in and for the State
of Washington, duly commissioned and sworn, Casey Treat to me known to be the President of
CHRISTIAN FAITH CENTER, a Washington non-profit corporation, the corporation that executed the
within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and
deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that hei:eæ is
authorized to execute said instrument on behalf of said corporation.
Given under my hand and official seal this 2ì~ day of
--""'"
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.:- ca- '...~~\ON ~~y "
:...~ /-..',
1 i~~OTARY ~\ ~
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K: \CFC\documents \c fcdevagrO 7 2004
13
EXHIBIT A
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
LEGAL DESCRIPTIONS OF PROPERTY
PER CHICAGO TITLE CO. ORDER #553764
PARCELS 1-6,8-9,11,12-13 & TAX LOT #59 IN THE NORTH 1/2 OF THE NW 1/4 OF SEC. 21,
T21N, R4E, W.M., KING COUNTY, WASHINGTON
TAX LOT #59
PER STATUTORY WARRANTY DEED
REC. #9706091592
THE NORTHEAST QUARTER OF THE WEST HALF OF THE NORTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21,
TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY,
WASHINGTON; EXCEPT THE SOUTH 30 FEET THEREOF CONVEYED TO KING COUNTY
FOR SOUTH 341 ST. PLACE BY INSTRUMENT RECORDED UNDER NUMBER 8410170757,
SAID INSTRUMENT BEING A RE-RECORD OF INSTRUMENT RECORDED UNDER
RECORDING NUMBER 8111020670.
EXHIBIT B
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
CHRISTIAN FAITH CENTER
DEVELOPMENT PLAN
vi
NATIVE GROWfH
PROTECTION TRACT
-~.-
PARKING STALLS PROVIDED: 1.406 - 1,540
AS OF: MAY 10,2004
~~_=-:::~1SfP-'-----.. 't--~
/- --- c ,"\ ,---
Abbey Road
EXHIBIT C
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
LIST OF PERMIITED ACCESSORY USES
Christian Faith Center - Chart of Uses
L~~1'!CIUARYX~R.?~.~~~Q.~_._--------_.._._.__. .._.- -. -.... -'--.' -- -'.-.. -.-.- -- - -. _..=~~~--~~]
Sanctuary/School Auditorium (Includes Stage) 4,500 Seats
Multi-purpose rooms
Bookstore with Café
Youth Church (Multi-purpose rooms/chapel)
Children's Church (Chapels, classrooms)
Daycare
Music Area - Choir Room (Room behind stage)
Other Areas (Storage facilities, mechanical rooms, computer/phone room, TV/audio
department, baptismal, kitchen, distribution center, hallways, facilities offices, wedding
chapel, meeting room, bathrooms, etc.)
Dominion College (Classrooms, offices)
33,054
42.58143
8,81794
3,702.16
14,095.82
:= C-s,4899. 9. ~ I
:= --.l~~63.6Q ------.J
1,772.37
ICH~I$ilA.N FAITH SÇHpOl '.' .
Christian Faith School (Private School) 900 Students
2nd Floor Sub-total
Grand Total
21,062.82
18,288.96
~2-,_~45.22
51,597.00
218,500.00
SF
Administrative Offices
Other Areas (Storage facilities, Hallways, Bathrooms, etc.)
101.52(300
---
Sub-total
Total
101,526.00
101,526.00
EXHIBIT D
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
SETTLEMENT AGREEMENT
19
~,
. "<h;:i"hJ
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,
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CO
SETTLEMENT AGREEMENT
THIS AGREEMENT ("Agreement") made this 5c.Ji-\ day of (drV4':j_,
19~, by and between the CITY OF FEDERAL WAY, a municipal
corporation, hereinafter referred to as "CITY", and FEDERAL WAY
INDUSTRIAL
PARK,
INC.,
a
Washington
corporation,
hereinafter
referred to as "FWIP".
WHEREAS, CITY commenced a Petition for Condemnation in the
King County superior Court under cause #95-2-19577-6; and
WHEREAS, the parties hereto have reached an agreement settling
all claims in that condemnation action;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1.
The CITY OF FEDERAL WAY shall be granted an irrevocable,
exclusive and permanent easement in the form attached hereto as
Exhibit "I" and incorporated herein by this reference ("Easement")
granting to the city the free and .uninterrupted use over, across
and through certain real property ("Property") located in Federal
Way, King County," Washington and legally described in Exhibit "A"
to the Easement.
The city's rights shall be exercised, upon that
portion of the Property legally described in Exhibit "B" to the
Easement (" Easement Area.")
2 .
In consideration of the grant of the Easement by FWIP to
the CITY and upon execution of this Agreement and satisfaction of
the contingencies set forth in Paragraph 17, the CITY shall pay to
FWIP the sum of Five Thousand and no/100
Dollars
($5,000.00)
simultaneously with the recording of the Easement.
- 1 -
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ORIGINAL
J: \C06125\H15005\OO029307. 3
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Exhibit
",II" ,
-attached
hereto,
and
by
this
reference
fully
incorporated
("Wetland Buffer Area").
The Wetland Buffer Area
shall be applicable to all future developments on the Property.
5.
FWIP shall be allowed by the CITY to handle storm water
retention/detention
for
any
project
on
the
Property,
by
constructing, in compliance with then-applicable codes (which as of
this date are found in the King County Surface Water Design Manual)
and at its expense,
such conveyance systems as are reasonably
necessary to provide for direct gravity flow drainage of storm
water from the Property, to the storm water facility which the CITY
is constructing on the Easement Area, so as to eliminate the need
for
storm wa ter
retention/detention
on
those
portions
of
the
Property which naturally drain to the Easement Area.
FWIP'S right
tò allow such drainage shall be limited to waters which currently
naturally drain to the Easement Area and shall be limited to the
initial development of the Property and shall not be extended to
any redevelopment of the Property.
"Initial development" shall
mean the initial development of each phase of all of the Property.
6.
The CITY agrees that the Easement Area may, at -the option
of FWIP, be included in any calculation of open space required for
the
development of the Property.
The Easement Area may, at the
option of FWIP, also be included in computing maximum lot coverage
for development of the Property.
Nothing herein shall relieve FWIP
from complying with the city's landscape or other requirements for
development.
7.
The
CITY
sl1é\l~pa~,aJlt~costs~relâted ,-,tdj':obtaining'
~~PP.E-?~g.~~tqlZ'1i'¡and_of~cleyelõpTng-..;,rtliêr;Easemen~-A.pea, as a storm water
- 3 -
J:\c06125\H15005\00O29307.3
V'
~est'~shall'-" be, reasonable 1n.' :comparison::';.tb'::;Yother.'~.:}silUiiJ..ar.\,d,
( ;;o~:~~~, ~u:: tl:: t the r equ:~ t is" .,ot used to c ircumventth e .
spirit of this provision~
~1.
CITY staff will support a proposal through
lot line
~mination to combine lot 2 and lot 3 of the short plat recordéd
þder King County Auditor 18110300869.50 as to be considered as one
"-
~
"'...
:1) lot for development purposes.
12.
CITY staff will support an application by FWIP to extend
the parking lot improvements on lot 4 of the short plat recorded
under King County Auditor 18110300869 into the Wetland Buffer Area
up to the western toe of the slope of the berm forming the western
boundary
of
the
retention/detention
facility,
provided,
that
appropriate mitigation, determined pursuant to City codes, such as
planting on the edge of the berm, is provided by FWIP.
To the
extent that the city staff requests mitigation for the loss of
Wetland Buffer, said request shall be reasonable in comparison to
other similar proposals,
such that the request is not used to
circumvent the spirit of this provision.
13.
CITY staff will support a variance,
pursuant to City
codes, ,from the required lot size for, lot 4 of the short plat
recorded under King County Auditor #8110300869,to,allowdevelopment
of building improvements on said lot due to the limitations on the
; ability ,to ,combine lot 4 with .other .,lots;"oLthe.short::plat.
14.
CITY staff will support parking lot improvements in the
portion of the Wetland Buffer Area south of the roadway of lot 2 of
the short plat recorded under Auditor #8110300869. with appropriate
mitigation costs, pursuant to City codes, to be provided by FWIP.
- 5 -
J:\CO6125\H15005\OOO29307.3
17.
The obligations under this Agreement are conditioned upon
and subject to final approval of this Agreement by the city Council
of Federal Way.
18.
This Agreement shall constitute the entire agreement
between these parties.
Any prior understanding or representation
of any kind preceding the date of this Agreement shall not be
binding on either party except to the extent incorporated in this
document.
19.
It is agreed that this Agreement will be governed by,
construed and enforced in accordance with the Laws of the state of
Washington.
20.
Any
modification
of
this
Agreement
or
additionðl
obligation
assumed
by
either
party
in
connection
with
this
Agreement shall be binding only if evidenced by a writing signed by
each party or an authorized representative of each party.
21.
This
Agreement
may
be
executed
in
any
number
of
counterparts, each of which shall be deemed to be an original, but
all
of which together shall constitute
but one and
the
same
instrument.
22.
Except
as
otherwise
expressly
set
forth
in
this.
Agreement,
the rights and obligations of the parties shall be
binding
upon
and
inure
to
the
benefit
of
their
respective
successors in interest and assigns.
23.
In the
event either of
the parties defaults
on the
performance of any terms of this Agreement or either party places
the enforcement of this Agreement in the hands of an attorney, or
files a lawsuit, each party shall pay all its own attorney's fees,
- 7 -
J:\CO6125\H15005\OOO29307.3
'~T~_P" -
-
,INC.,: a washington corporati?n,. who executed the foregoing
.urnent and acknowledged the sa1d 1nstrument to be the free and
lltary 'act and dee~ of said corporation, for the uses and
Joses therein ment10ned, and on oath stated that he was
.horized to execute the said instrument and that the seal affixed
the corporate seal of said corporation.
affixed the day and
1:ç~ 1?~
NOTARY PUBLIC in and fue state of
Washington, residing at ãi I~ .
My appointment expires on (- cJ-q....c¡g .
)
) SSe
)
On this ~3~ day of Fe brùal'~' 19<7b, before me, the
undersigned, a Notary Public in and f r the state of Washington,
duly commissioned and swçrn, personally appeared 1J;;1Y\e~ E_::-_!JLJ her~
to me known to be the C-'+:j ì}1a",Qj-er-, 4B~tive of the Cl'rY OF -
FEDERAL WAY, a municipal corpora~10n, who executed the foregoing
instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that he was
authorized to execute the said instrument and that the seal affixed
is the corporate seal of said corporation.
Witness my hand and official seal hereto affixed the day and
year first'~~~~\\written.
f~~'~c9°ñ ~~ V A~--._-
g ~;~; . ~ NOT~ PUBLI~hest te of
~ <8,\ Puau<J Washington, residing at ~dt1({j 'lJtLLL.
II,'?'::"'" 1.2<J.fIð~; My appointment expires on f- J7'-y:f U-.
't" <-' """'" 3'
't, Of: WN5 ~i
\\u. "..e:-
STATE OF WA:sH'tN'GTON )
)(;h-üv ) ss.
COUNTY OF ¥fERCR- : vv"O )
On this g day of ftߣ v\~, 19~, before me, the
undersigned, a Notary Public in and for the state of Washington,
duly commissioned and sworn, personally appeared Helmut Wallenfels,
to me known to be the Senior Legal Counsel of WEYERHAEUSER COMPANY,
a Washington corporation, who executed the foregoing instrument,
and acknowledged the saià instrument to be the free and voluntary
act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute the
- 9 -
J: \C06125\H15005\00O29307. 3
. '..' '."
. . . .' "
. "
.'
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'., "
EXHIBIT I
";~" . f
. ',-'
. , .'
"
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EXHIBIT I
";X;~ftP.':"1
filED fOR RECORD AT REQUEST Of:
THIS SPACE RESERVED fOR
RECORDER'S USE:
federal ~aY Industrial Park
(Appl.icant's Name)
HAil TO:
CITY Of fEDERAL ~AY
33530 1st ~ay South
fEDERAL ~AY, ~A 98003
ATTN: Londi K. Lindell
PERf<AHENT IEXClUS [VE EA.SÐEJ(T
for and in consideratioo of One Dollar ($1.00) and other valuable.consideratioo,the receipt of \/hich is hereby
acKno~ledged, federal ~ay Industrial ParI::' ("f~IP"), a ~ashingtO!l corporatioo ("Grantor"), grants, cooveys and
~arrants to the CITY Of fEDERAL ~AY, a \lashingtO!lllUlicipal corporatiO!l ("Grantee") for the purposes hereinafter
set forth a perpetual, exclusive and permanent easement-teder, across' and over certain real property (the
"Property") located in federal \lay, \lashingtO!l, legally described as follows:
Legal OescriptiO!l of Property' attached hereto as-Ex!tibif':'A" and incorporated herein by this
reference. '.' "~"'>'-'.'.. .c."
Except as may be othe~ise set forth herein, Grantee's rights shall be exercised upon that portico of the
Property ("Easement") legally described as follows:
legal Oescriptioo of Èasemenf attached hereto as ~Xìi'ihì~~~B" and incorporated herein by this
reference.: .
"
1. Wurpose. Grantee and its agents, designees and/or assigns shall have the perpetual, exclusive and permanent
right, without prior notice to Grantor, at such times as deemed necessary by Grantee, to enter upon the Property
to inspect, design, construct, reconstruct, operate, maintain, repair, replace, remove, grade, excavate, and
enlarge all surface water. facilities including, but not limited to, underground facilities and/or systems U{>OI1
and/or under the Easement, together with all appurtenances thereto, including without l.imitatioo, outlet
structures, cootrol structures, pipes, catchbasins, manholes, retentioo and detentioo facil.ities, ponds,
biofiltratioo swales, water qual.ity treatmentfacil ities, vaults and ditches ("facilities"). follo~ing the
initial construction of the facilities, Grantee may from time to time CO!lstruct such additional facilities or
ilrÇrovements as it may require. Grantee shall have the right to flood the Easement. [n additioo to the
foregoing, Grantee shall have the right to engage in any and all activities as if Grantee owned fee title to
the Easement.
2. "Access. If reasonable access to the Easement is not otherwise available, Grantee shall h{lve the right of
access to the Easement over and across the Property to enable Grantee to exercise its rights hereunder.
3. ObstrUctions; landscaping. Grantee may remove any and all vegetatiO!l, trees, or other obstructions within
the Easement, and may level and grade the Easement.
4. Grantor's Use of Easement. Except as hereafter provided, this Easement shall be exclusive to Grantee;
provided, however, Grantor reserves the right to use the Easement in order to c~ly with City code requir~ts
for opeo space, greenbelt or maxiltU11 lot coverage; provided, however, that such right does not incluck c()(rplyin~J
with the City's landscape code or other code requirements. Grantor may install, at its expense nnJ in
coopt i ance with all appl.icable lallS, such faci Ii ties as are reasonably necessary to provide for di rect discharge
of storm water from the Property to the Easement after obtaining all necessary permits. Grantor's right to use
the Easement for purposes of calculating open space, green belts or maxiltU11 lot coverage shall not entitle
Grantor to enter upoo or disturb the Easement for any reasO!l. Except as necessary to provide drainage
facilities from the Property to the Easement, Grantor shall not perform digging, tunnelling or other form of
constructiO!l activity OIl the Property, which would disturb the c~ctioo or unearth the facilities 00 the
Easement, or endanger the lateral support to the Facilities. Grantor shall not blast within fifteen (15) feet
of the Easement. Provided further as to the area described as "The East 175.5 feet of the North 30 feet of
tract X of King County Short Plat No. 281074 and the South 30 feet of the Easement area of lot 3 of the Plat,"
this Easement shall be non-exclusive and Grantor or its successors or assigns ~y construct a road and connect
to exist:ng utilities in s~id area, if done in coœptiance w:th applicable codes.
J:\CO6125\HI5005\00029453.#2
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',I,:';:' . :, :ílíí'.f.\'i(;,..:", ';-(~:,I':¡';,l,.j;x,.¡',"', ..'
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5. 1~lflc:àtioo. Grantor egrees to ~aive eny Ðnd all clallRS rdetfng to any damage to the Easement,
Incllrlinrf"those "'resul Hng from sudece water flooding and further to indeooify end hold Grentee, Its elected
officials, officers, employees, agents, and volunteers ha~less from eny and ell claims, demands, losses,
ectlons end liabilities (including costs end all attorney fees) to or by eoy and ell persons or entitles,
Including, without limitation, their respective egehts, licensees, or representetives, erlslng from, resulting
from, or connected with Grentor or Grantor's egents', employees', or invltees' negligent actions.
6. Successors end AssignS: The rights end obligations of the parties shall inure to the benefit of and be
binding upon their respective successors. in interest, heirs end esslgos; provided, however, that GrentOr's right
to discharge stonu.water to the Easement shall be limited to waters which currently naturally drain to the
Easement and shall only apply to the initial development of the Property and not to eny redevelopmeot of the
Property. All such redevelopment will be required to comply with all eppllcable le~s end codes. Wlnltiel
development" shall mean the initial development of each phase of all of the Property.
7. Ho Encurorences. 'Grentor shall maintain the Easement free of all eocurbrances end defects eoo is prohibited
from recording Or taking any ection which results in .the recording of any lien, encurbrance or other defect
against the Easement.
DATED THIS
day of
I 1996.
GRAM TOR
atJJITEE
FEDERAL ~AY INDUSTRIAL PARK
CITY OF fEDERAL ~AY
By:
By:
Kenneth E. Nyberg
Its:
Its:
City Manager
UEYERHAEUSER COMPANY
APPROVED AS TO fORM:
By:
Its:
Helmut Vallenfels
Senior Legal COI..OSel
Londi K. Lindell, City Attorney
J:\C06125\HtSOOS\OOO294S3.#2
STATE Of ~ASHINGTON
croNTY OF
)
) ss.
)
On this - day of , 1996, before ene, the t.ndersigoed, a Notary Plblic in and for the
State of IJashlngton, dJly coornissloned and S\lOrn, pen()(\8lly appeared ,
to me known to be the of FEDERAL ~Y INDUSTRIAL PARK, INC., the corporation that executed
the for~oing Instrunent, and acknol.iledged the said Instrur.eot to be the fr~ and vollntary act and deed of said
corporation, for the uses and purposes therein ~tloned, and on oath stated that he/she was authorized to
execute said instrunent and that the seal affixed, if any, Is the corporate seal of said corporation.
IJITNESS my hand and official seal hereto affixed the day and year first above written.
(typed/printed name of notary)
Notary Plblic in and for the State of Uashington.
My coornission expires:
STATE Of UASHINGTON
)
) ss.
)
croWTY OF
On this - day of , 1996, before ene, the undersigned, a Notary Publ ic in and for the
State of ~ashington, duly cocrmissioned and S\lOrn, pers()(\8lly appeared Ke1fieth E. Nyberg, to me kno<.lr1 to be the
City Manager of the City of federal Vay, a IJashington municipal corporation, the corporation that executed the
foregoing instrunent, and acknol.iledged the said instrunent to be the fr~ and vollntary act and deed of;aid
corporation, for the uses and purposes therein ~tioned, and on oath stated that he was authorized to execute
said instrunent. .
UITNESS my hand &nd official seal hereto affixed the day and year first above written.
(typed/printed name of notary)
Notary'Plblic in and for the State of Uashington.
My comuission expires:
STATE OF UASHIWGTON
)
) ss.
)
croWTY OF
On this - day of: , 1996, before ene, the undersigned, a Notary Plbl Ic' in and for the
State of Uashington, dJly cocrmissioned and S\lOrn, pers()(\8lly appeared HelllUt Uallenfels, to me known to be the
Senior legal Cou:1sel of UEYERHAEUSER cœPANY, the corporation that executed the foregoing instruneot, and
acknowledged the said instrunent to be the fr~ and volootary act and deed of said corporation, for the uses
aoo purposes therein mentioned, and on oath stated that he was authorized to execute said .instruneot and that
the seal affixed, If any, is the corporate seal of said corporation.
UITNESS my hand and official seal hereto affixed the day and year first above written.
(typed/printed name of notary)
Notary Plblic in and for the State of Uashlngton.
My cocmdssion expires:
J:\C06125\M15005\OOO294S3.#2
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.' : -- 'j . },: ?"~ ~}1~~~~;;~~~ ~N ,~~r~ ~,:'~~~l ~1 ç5~~{1,~;.H~rt: t:~:; ~!~ft~:~~~~1~:. ¡
. ' ""-. . '-.. .....' .
EX1IIB IT tf A If TO
P ERHANElIT I EX CL US IVE EAS EMENT
PARCEL A:
Lot 3, King County Short plat No- 281074, according to short plat
recorded under King County Recording Number 8110300869, being a
portion of the northwest quarter of the northwest quarter of Section
21, Township 21 North, Range 4 East, W.M., in King County,
Washington.
PARCEL B:
Lot 4 of King County Short Plat No. 281074 according to short plat
recorded under King County Recording Number 8110300869, being a
portion of the northwest quarter of the northwest quarter of Section
21, Township 21 North, Range 4 East, W_M., in King County,
Washington.
PARCEL C:
That portion of the northwest quarter of the northwest quarter of
Section 21, Township 21 North, Range 4 East, W.M., in King County,
Washington, described as follows:
Commencing at the northwest corner of said northwest quarter of the
northwest quarter;
thence south 89°13'33" east along the north line of said northwest
quarter of the northwest quarter a distance of 261.2~ feet;
thence south 00°14'39" west a distance of 30.00 feet to the south
right of way margin of South 336th Street and the TRUE POINT OF
BEGINNING;
thence continuing south 00°14'39" west a distance of 546.02 feet;
thence south 89°13'33" east a distance of 399.45 feet; .
thence north 00°14'39" eas~ a distance of 546.02 feet to the said
south right of way margin of South 336th Street;
thence north 89°13'33" west along said south right of way margln a
distance of 399.~4 feet to the TRUE POINT OF BEGINNING.
PARCEL 0:
That portion of the northwest quarter of the northwest quarter of
Section 21, Township 21 North, Range 4 East, W.M., in-King County,
Washington. described as follow~-
Commencing at the northwest corner of said northwest quarter of the
northwest quarter; . .
thence south 89°13'33" seconds east along the north l1ne of sa1d
northwest quarter of the northwest quarter a distance of 813.80 feet;
thence south 00°14'58" west a distance of 30.00 feet to the south
right of way margin of South 336th Street and the TRUE POINT OF
BEGINNING;
thence continuing south 00°14'58" west a distance of 670.67 feet;
thence north 89°16'45" west a distance of 153.10 feet;
thence north 00°14'39" east a distance of 670.81 feet to the said
south right of way margin of South 336th Street;
thence south 89°13'33" east along said south right of way marg1n a
distance of 153.10 (eet to the TRUE POINT OF BEGINNING;
EXCEPT that portion deeded to King County for South 336th Street
under Recording th.lmbel." CGO9030322.
EXHIBIT "Au TO
PERMANENT/EXCLUSIVE EASEMENT
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~EGAL DESCRIPTIC
PROPOSED EASEMENT ACQUISffiONS ON
STRANICK-10BNSON PARCEL NO. 212104-9084
That part of Lot 3, King County Short Plat No. 281074, according to short
plat recorded under King County Recording Number 8110300869, being a
portion of the northwest quarter of the northwest quarter of Section 21,
Township 21 North, Range 4 East, W.M., in King County, Washington.
Being described as foHows:
Beginning at the northwest corner of said Lot 3 and the TRUE POINT OF
BEGINNING;
thence south 88° 15'52" east a distance of 162.06 feet;
thence south 23°35'30" west a distance of 231.61 feet to a point on a non-
tangent curve having a radius of 300.00 feet;
thence along said curve to the right 32.63 feet through a central angle of
06° 13'56";
thence north 59°09'15" west a distance of 27.40 feet to the beginning of a
curve haying a radius of 300.00 feet;
thence along said curve to the left 25.27 feet through a central angle of
04° 49'33";
thence north 01°44'08" east a distance of 175.99 feet to the TRUE POINT
OF BEGINNING.
EXHIBIT "B" TO
PERMANENT I EX au S I VE EAS EMENT
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LEGAL DES CRœTR
PROPOSED EASEMENT ACQUISITIONS ON
STRANICK-JOHNSON PARCEL NO. 212104-9026
That part of Lot 4 of King County Short Plat No. 281074 according to
short plat recorded under King County Recording Number 8110300869,
being a portion of the northwest quarter of the northwest quarter of Section
21, Township 21 North, Range 4 East, WoM, in King County, Waslúngton.
Being described as follows:
The North 30 feet of said Lot 4
Also
The East 140 feet of said Lot 4
Also
The East 175.50 feet of the North 30 feet of Tract X of said short plat No.
281074.
EXHIBIT "B" TO
PERMANENT/EXCLUSIVE EASEMENT
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LEGÀL DEScro:PT....A~{
PROPOSED EASEMENT ACQUISITIONS ON
STRANICK-JOBNSON PARCEL NO. 212104-9067
That portion of the northwest quarter of the northwest quarter of Section
21, Township 21 North, Range 4 East, W.M, in King County, Washington.
described as follows:
Commencing at the northwest comer of said northwest quarter of the
northwest quarter,
thence south 89° 13'33" east along the north line of said northwest quarter
of the northwest quarter a distance of 813.80 feet;
thence south 00° 14'58" west a distance of 30.00 feet to the south right of
way margin of South 336th Street;
thence north 89° 13'33" west along said south right of way margin i.
distance of 100.82 feet and the TRUE POINT OF BEGINNING;
thence south 00° 14'58" west a distance of 181.30 feet;
thence south 22°37'48" west a distance of 137.29 feet;
thence north 00°14'58" east to the south right of way margin a distance of
308.73 feet;
thence south 89° 13'33"' east along said south right of way margin a distance
of 52.29 feet to the TRUE POINT OF BEGINNING.;
EXCEPT that portion deeded to King County for South 336th Street under
Recording Number 8609030322.
Being a portion of the following described property:
That portion of the norúnvest quarter of the northwest quarter of Section
21, Township 21 Norúl, Range 4 East, W.M., in King County, Waslûngton,
described as follows:
Commencing at the 'northwest comer of said northwest quarter of the
northwest quarter,
thence south 89° 13'33" east along the north line of said northwest quarter
of the northwest quarter a distance of 813.80 feet;
thence south 00° 14'58" west a distance of 30.00 feet to the south right of
way margin of South 336th Street and the TRUE POINT OF BEGINNING;
thence continuing south 00° 14'58" west a distance of 670.67 feet;
thence north 89° 16'45" west a distance of 153.10 feet;
thence north 00° 14'39" east a distance of 670.81 feet to the said south right
of way margin of South 336th Street;
thence south 89° 13'33" east along said south right of way margin a distance
of 153.10 feet to the TRUE POINT OF BEGINNING;
EXCEPT that portion deeded to King County for South 336th Street under
Recording Number 8609030322.
EXJIIßIT "B" TO ,
PERMANENT/EXCLUSIVE EASEMENT
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PROPOSED EASEMENT ACQUISITIONS ON . ,. ':
STRANICK-.TOHNSON PARCEL NO. 212104-9069
That portion of the northwest quarter of the northwest quarter of Section
21, Township 21 North, Range 4 Eas~ W.M., in King County, Washington,
described as follows:
Commencing at the northwest comer of said northwest quarter of the
northwest quarter, .
thence south 89° 13']]" east along the north line of said northwest quarter
of the northwest quarter a distance of 261.26 feet;
thence south 00° 14'39" west a distance of 30.00 feet to the south right of
way margin of South 336th Street and the TRUE POINT OF BEGINNING;
thence continuing south 00014'39" west a distance of 546.02 feet;
thence south 89° 13'33" east a distance of 302.06 feet;
thence north 22°37'48" east a distance of 255.66;
thence north 00° 14'39" east a distance of 308.73 feet to the said south right
of way margin of South 336th Street,
thence north 89° 13'33" west along said south right of way margin a
distance of 399.44 feet to the TRUE POINT OF BEGINNING.
Being a portion of the following described property:
That portion of the northwest quarter of the northwest quarter of Section
21, Township 21 North, Range 4 Eas~ W.M., in King County, Washington,
described as follows:
Commencing at the northwest comer of said northwest quarter of the
northwest quarter;
thence south 89° 13'33" east along the north line of said northwest quarter
of the northwest quarter a distance of 261.26 feet; ,
thence south 00° 14'39" west a distance 0[30.00 feet to the south right of
way margin of South 336th Street and the TRUE POJNT OF BEGINNING;
thence continuing south 00° 14'39" west a distance of 546.02 feet;
thence south 89° 13'33" east a distance of 399.45 feet; ,
thence north 00° 14'39" east a distance of 546.02 feet to the said south right
of way margin of Soùth 336th Street;
thence north 89013'33" west along said south right of way margin a
distance of 399.44 feet to the TRUE POINT OF BEGINNING.
EXIIIBIT "B" TO
PERMANENT/EXCLUSIVE EASEMENT
EXHIBIT "B" TO,
PERMANENT/EXCLUSIVE EASEMENT
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EXHIßIT "II" TO
S ET'l'LEMENT AGREEMENT
LEGAL DESCRIPTION
WETLAND AND SETBACK
STRANICK-JO.HNSON PARCEL NO. 212104-9084
That part of Lot 3, King County Short Plat No. 281074, according to short plat recorded
under King County Recording Number 8110300869, being a portion of the northwest quarter
of the northwest quarter of Section 21, Township 21 North, Range 4 East, W.M., in King
County, Washington.
Being described as follows:
Beginning at the northeast comer of said Lot 3 and the TRUE POINT OF BEGINNING;
thence south 32°41'52" west a distance of 78.31 feet;
thence south 37°15'37u west a distance of 39.29 feet;
thence south 40° 11'22" west a distance of 50.40 feet;
thence south 49°02'3214 west a distanCe of 84.35 feet;
thence south 67°33' 51" west a distance of 26.93 feet;
thence south, 45°20'35" west a distance of 9.06 feet to the south line of said Lot 3 and a point
on a non-tangent curve from which the radius point bears north 25°22'36" east;
thence along said south line through a 300 foot radius CUIVe to the right, with a central angle
of 05°28'06", an arc length of 28:63 feet;
thence north 59°09' 19" west a distance of 27.40 feet;
thence along a 300 foot radius CUIVe to the left, with a central angle of 04°49'33", an arc
length of 25.27 feet to the west line of said Lot 3;
thence along said west line, north 01°44'08" east a distance of 175.99 feet to the north line of
said Lot 3;
thence along said north line, south'S8°15'52" east a distance of 259.45 feeUo the TRUE
POINT OF BEGINNING.
Containing an area of 0.864 acres.
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LEGAL DESCRIPTION
WETLAND AND SETBACK
STRANICK-JOHNSON PARCEL NO. 212104-9026
That part of Lot 4 of King County Short Plat No. 281074 according to short plat recorded
under King County Recording Number 8110300869, being a portion of the northwest quarter
of the northwest quarter of Section 21, Township 21 North, Range 4 East, W.M., in King
County, Washington.
Being described as follows:
Commencing at the northwest comer of said Lot 4; ,
thence along the north line of said Lot 4, south 88° 15'53" east a distance of 116.96 feet to the
TRUE POINT OF BEGINNING;
thence along the north line of said Lot 4, south 88°15'53" east a distance of 82.96 feet;
thence along the east line of said Lot4,'south 01°12'17" west a distance of 100.00 feet;
thence along the north line of said Lot 4, south 88°15'53" east a distance of 140.00 feet;
thence along the east line of said Lot 4, south 01°44'08" west a distance of 175.99 feet to the
south line of said Lot 4 and a point on a non-tangent curve from which the radius point bears
south 26°01 '09" west;
thence along said south line through a 300 foot radius curve to the left; with a central angle of '
21°00'20", an arc length of 109.98 feet to a point on a non-tangent curve from which the
radius point bears north 70°49'35" east;
thence through a 100 foot radius curve to the right, with a central angle of 38° 16' 07", an arc
length of 66.79 feet;
thence north 45°55'34" west a distance of 40.72 feet to a point on a non-tangent curve from
which the radius point bears north 07°40'45" east; .
thence through a 100 foot radius curve to the'right,'with a central angle of 88°34'17", an: arc
length of 154.59 feet;
. thence north 06°05'23" east a distance of 49.78 feet to the TRUE POINT'OF BEGINNING.
Containing an area of 0.716 acres.
fwld9026.wp5
EXHIBIT "II" TO
SETILEMEm: AGREEMENT
Pg. 3 of 9
EXHIBIT "II" TO
SETTLEMENT AGREEMENT
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LEGAL DESCRIPTION
WETLAND AND SETBACK
STRANICK-JOHNSON PARCEL NO. 212104-9067
That portion of the northwest quarter of the northwest quarter of Section 21, Township 21
North, Range 4 East, W.M., in King County, Washington, described as follows:
Commencing at the northwest corner of said northwest quarter of the northwest quarter,
thence south 89° 13 '33" east along the north line of said northwest quarter of the northwest
quarter a distance of 813 .80 feet;
thence south 00°14'58" west a distance of 30.00 feet to the south right of way margin of
South 336th Street;
thence north 89°13'33" west along said south right of way margin a distance of 27.58 feet to
the TRUE POINT OF BEGrNNING;
thence south 12°03'08" east a distance of 40.46 feet
thence south 07°31 '30" west a distance of 41.08 feet
thence south 04°45' 10" west a distance of 57.84 feet
thence south 10°37'22" west a distance of 52.16 feet
thence south 16°21 '59" west a distance of 56.28 feet
thence south 10°58'46" west a distance of 43.83 feet
thence south 23°54'07" west a distance of 14.53 feet
thence south 07°11 '32" west a distance of 38.28 feet
thence south 21°58'46" west a distance of 37.77 feet
thence south 08°31 '59" west a distance of 41.88 feet
thence south 24°20'39" west a distance of 91.29 feet
thence south 31 °04' 46" west a distance of 32.34 feet
thence south 19°31 '25" west a distance of 20.75 feet
thence north 00° 14 '39" east a distance of 546.07 feet to the south right of way margin of
South 336th Street;
thence south 89°13'33" east along said south right of way margin a distance of 125.52 feet to
the TRUE POINT OF BEGrNNING; .
EXCEPT that portion deeded to King County for South 336th Street under Reco-rding
Number 8609030322.
Containing an area of 1.053 acres.
Being a portion of the following described property:
That portion of the northwest quarter of the northwest quarter of Section 21, Township 21
North, Range 4 East, W.M., in King County, Washington, described as follows:
Commencing at the northwest comer of said northwest quarter of the northwest quarter;
thence south 89°13'33" east along the north line of said northwest quarter of the northwest
quarter a distance of 813.80 feet;
EXHIBIT uIru TO
SEITLEliEN1ì AGREEMENT
Pg. 5 of 9
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thence south 00°14'58" west a distance of 30.00 feet to the south right of way margin of
South 336th Street and the TRUE POINT OF BEGINNING;
thence continuing south 00°14'58" west a distance of 670.67 feet;
thence north 89°16'45" west a distance of 153.10 feet;
thence north 00° 14' 3 9" east a distance of 670.81 feet to the said south right of way margin of
South 336th Street;
thence south 89° 13 '33" east along said south right of way margin a distance of 153.10 feet to
the TRUE POINT OF BEGINNING;
EXCEPT that portion deeded to King County for South 336th Street under Recording
Number 8609030322.
Containing an area of 2.313 acres.
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Pg. 6 of 9
EXHIBIT "11« TO
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LEGAL DESCRIPTION
WETLAND AND SETBACK
STRANICK-JOHNSON PARCEL NO. 212104-9069
That portion of the northwest quarter of the northwest quarter of Section 21, Township 21
North, Range 4 East, W.M., in King County, Washington, described as follows:
Commencîng at the northwest comer of said northwest quarter of the northwest quarter;
thence south 89° 13 '33" east along the north line of said northwest quarter of the northwest
quarter a distance of 261.26 feet; -
thence south 00°14'39" west a distance of 30.00 feet to the south right of way margin of
South 336th Street and the TRUE POINT OF BEGINNING;
thence continuing south 00°14'39" west a distance of 546.02 feet;
thence south 89°13'33" east a distance of 399.45 feet;
thence north 00°14'39" east a distance of 546.02 feet to the said south right of way margin of
South 336th Street;
thence north 89°13'33" west along said south right of way margin a distance of 399.44 feet to
the TRUE POINT OF BEGINNING.
Containing an area of 5.007 acres.
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Pg. 8 of 9
EXHIBIT "II" TO
SETILEMENT AGREEMENT
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SETTLEMENT AGREEMENT
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EXHIBIT E
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
JUNE 12, 2003 P ARKlNG LETTER
20
(253) 661-4000
Federal Way, WA 98063-9718
June 12, 2003
Gil Hulsmann
Abbey Road Group, LLC
PO Box 207
Puyallup, WA 98371
FILE COpy
RE:
Christian Faith Center (City File No. 02-102271-UP)
Your request dated 5/8/03 concerning drive aisle width and vehicle overhang
Dear Mr. Hulsmann:
City staff have reviewed the above referenced request with the following responses.
Drive aisle width
The Director of COmmunity Development Services will allow the requested 24-foot drive aisle width in place of the
city's typical width of 25 feet, but only at locations where the adjacent stall dimensions are 9 feet by 18 feet,
irrespective of overhangs. Drive aisles serving compact-sized stalls or reduced-length stalls resulting from ovcrh,J( Ig
allowances must have a 25-foot width. Per city standards, up to 25% of the total stalls on the site may be designated
as compact, with a stall dimension of 8 feet by 15 feet (served by a 25 foot drive aisle).
The City will allow the requested 24-foot drive aisles, as described above, on a "demonstration" basis and in the
interest of reducing pervious surface and increasing landscaping along with other low impact development
techniques the City has recommended and the applicant is considering for the project. It should also be noted that
this decision is consistent with the three example codes you submitted, where a 24-foot drive aisle is pennitted when
adjacent stall dimensions are 9 feet by 18 feet or greater. It is also consistent with parking standards contained in
the 1990 handbook of the American Association of State Highways and Transportation Officials (AASHTO).
Vehicle overhang
The requested vehicle overhang into landscaping is already permitted by code and requires no modification.
However, per code, wherever a parking stall will be reduced in length by vehicle overhang into landscaping, the
required width of the landscaping must be maintained. In addition, any overhang into a sidewalk area must maintain
a 5-foot unobstructed sidewalk width. Therefore, the width of landscape areas and sidewalks shall be increased
accordingly where necessary to meet this standard. For example, a 2-foot overhang into a required 10-foot
landscape strip would require the landscape strip to be increased to a width of 12 feet. Likewise, a 2-foot overhang
into a 5-foot sidewalk would require the sidewalk to be increased to a width of 7 feet. Full-sized stalls against
required landscaping or a sidewalk must incorporate wheel stops to prevent overhang.
Please let me know if you have any further questions or concerns on these topics.
Sincerely,
Lori Michaelson, AICr
Senior Planner
C:
KattlY McOung, Oirectoc of Community Development Services
Cary Roe, Oiæctoc of Public Woó<s
Ken Miller, Deputy Oiæctor of Public Woó<s
Greg fewins, Deputy Oiæctor of Community Development Serviœs
Jim Femling. Development Se<vices Manager
Doc. 1.0. 2]481
EXHIBIT F
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
CONCEPTUAL FLOOR PLAN
21
EXHIBIT F-1
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
CONCEPTUAL SANCTUARY BUILDING FIRST FLOOR PLAN
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EXHIBIT F-3
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TO CONCOMITANT AGREEMENT
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DEVELOPMENT AGREEMENT
SECTION 9.4 TRAFFIC PLANS
18th Ave S
S 344th from 16th to 18th
34thll6th
SR 99/S 344th
336th from Hwy 99 to 20th
336th from 20th to 1-5
20th A ve/336th
20th Avenue S traffic calming
EXHIBIT G-1
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
18TH PLACE SOUTH IMPROVEMENTS
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NOTE:
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AS OF: July 8, 2004
EXHIBIT G-2
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
SOUTH 344 TH STREET IMPROVEMENTS
16TH AVENUE SOUTH TO 18TH PLACE SOUTH
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AS OF: MAY 10, 2004
SECTION R
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EXHlliIT G-3
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
16TH AVENUE SOUTH AND
SOUTH 344 TH STREET INTERSECTION
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AS OF: MAY 10. 2004
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EXHIB IT G-4
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
SOUTH 344 TH STREET AND
HWY. 99 INTERSECTION
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AS OF: MAY 10,2004
Abbey Road
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EXHIBIT G-5
TO CONCOMITANT AGREEMENT
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DEVELOPMENT AGREEMENT
SOUTH 336TH STREET IMPROVEMENTS.
HWY. 99 TO 20TH AVENUE SOUTH
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NOTE:
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HYlEBOS CULVERT CROSSING{S) TO PROTECT WETLAND
AND WETLAND BUFFER. SECTION M
AS OF: MAY 10,2004 N. T.S.
AbbeyRoad
EXHffiIT G-6
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
SOUTH 336 TH STREET IMPROVEMENTS
20TH AVENUE SOUTH INTERSTATE-5
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PROTECT WETLAND AND WETlAND BUFFER SECTION K
N.T.S-
AS OF: MAY 10, 2004
b;d
EXHIBIT G- 7
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
. 20TH AVENUE SOUTH AND
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TRAFFIC CALMING PLANTER
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PROCESS [V HEARING EXAMINER DECISION
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CITY OF .
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33530 1 st Way South
PO Box 9718
(253) 661-4000
Federal Way. WA 98063-9718
April 23, 2004
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Gil Hulsmann
Abbey Road Group, LLC
PO Box 207
Puyallup, WA 98372
RE:
PROCESS IV REQUEST ENVIRONMENTALLY SENSITIVE AREA INTRUSIONS
CHRISTIAN FAITH CENTER, FWHE# 04-03, FW# 02-1-2271-00-UP
Dear Appellant:
Enclosed please find the Report and Decision of dle City of Federal Way Hearing Examiner
relating to the above-entitled case.
Very truly yours,
, P E . AUSS:CtV
HEARING EXAMINER
SKC/klb
cc:
All parties of record
City of Federal Way
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CITY OF FEDERAL WAY
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Page - 1
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF:
PROCESS IV REQUEST ENVIRONMENTALLY
SENSITIVE AREA INTRUSIONS
FWHE# 04-03
FW# 02-1-2271-00-UP
CHRISTIAN FAITH CENTER
I. SUMMARY OF APPLICATION
The applicant is requesting to: 1) fill a "Category III" wetland and its buffer: 2)
mitigate for the filled wetland and buffer by creating wetland and additional buffer area in
and adjacent to a "Category II" wetland on the site; 3) displace a portion of a
wetland/stream buffer to accommodate an access road; and 4) intrude into wetlaw! buffers
for street improvements, including pavement widening, retaining wall, and extending storm
pipes and stream culverts.
II. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
April 20, 2004
April 23, 2004
At the hearing the following presented testimony and evidence:
1.
2.
3.
4.
Lori Michaelson, Senior Planner, City of Federal Way
Gil Hulsman, 923 Shaw Road, Suite A, Puyallup, WA 98372
Garet Monger, 518 N. 59th, Seattle, WA 98103
Marie Adair, 28811 - 19th Ave. S., Federal Way, WA 98003
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1.
1-E.
1-F.
Staff Report with all attachments
Addendum to Environmental Impact Statement (1E) (4/16104)
Letters from Public (Beginning w/Oerek Dexheimen) (1 F) (4/16/04)
Page - 2
2.
3.
4.
5.
Power Point Presentation (Hard Copy) - Process IV Public Hearing
Christian Faith Centers - Wetland Areas Chart
Statement from Virginia Marquart
Marie Adair Statement
III. FINDINGS
1.
The Hearing Examiner has heard testimony, admitted documentary evidence into
the record, and taken this matter under advisement.
2.
The Community Development Staff Report sets forth general findings, applicable
policies and provisions in this matter and is hereby marked as Exhibit "1" and
incorporated i~ its entirety by this reference.
3.
All appropriate notices were delivered in accordance with the requirements of the
Federal Way City Code (FWCC).
4.
The applicant has a possessory owner~bip interest in a generally rectangular, 46.58-
acre parcel of unimproved, mostly forèsted property located east of Pacific Highway
South and west of Interstate 5 betWeen South 336th Street and South 34151 Place
within the City of Federal Way. The applicant has submitted requests for approval
of a comprehensive plan amendment, zone reclassification, development
agreement, and development plan which, if approved, would allow development of
the site into a 218,500 square-foot church, 104,480 square-foot private school, and
associated parking, playfields, and landscaping. The decision to approve or deny
the above requests is within the jurisdiction of the Federal Way City Council which
will hold a public hearing prior to making such determination.
5.
To construct the project as proposed, the applicant must also obtain Process IV
approval to allow the applicant to fill a wetland and intrude into wetland/stream
buffers. Specifically, the applicant requests authority to fill a Category III vvetland
and its buffer; create additional wetlands and buffers in and adjacent to an oil-site
Category \I wetland; displace a portion of a wetland/stream buffer to accommodate
an access road; and potentially intrude into wetland buffers to make street
improvements which could include pavement widening, a retaining wall, and the
extension of storm pipes and stream culverts.
6.
A north/south trending ridge divides the parcel into two drainage subbasins within
the Hylebos Creek Basin. A tributary to the west branch of Hylebos Creek flows
Page - 3
from north to south across the west side of the property, and a tributary to the east
branch of Hylebos Creek flows across the east side of the parcel from north to
south. The Federal Way City Code (FWCC) defines both tributaries as major
streams.
7.
Three wetlands exist on the site. Wetland "A" measures approximately 4.5 acres,
14,000 square feet of which are located on the site. Wetland "A" is associated with
the Hylebos tributary and also serves as an operating, regional storm drainage
detention facility known as "Kitts Corner Pond", designed and maintained by the
City. Pursuant to a 1996 Settlement Agreement between the City and a previous
property owner, the applicant will discharge stormwater runoff from the western
portion of the site into the Kitts Corner Pond (Wetland "A"). However, the primary
wetland hydrology is provided by the tributary which flows into Wetland "A" through
an 18-inch diameter storm pipe and a pair of 42-inch diameter stream culverts
beneath South 336th Street.
8.
Pursuant to the Settlement Agreement, the City has provided a permanent buffer
width of 100 feet around Wetland "A" with the exception of the northern portion of
the boundary adjacent to South -336th Street which ranges in width from
approximately 40 feet to 50 feet. The proposed site plan shows an access
extending east into the site from Pacific Highway South through the southern
portion of the wetland buffer as anticipated by the Settlement Agreement which
requires City staff to support such an extension. However, the agreement requires
Process IV review and hearing examiner approval. Thus, development of the
project will not impact Wetland "A", but will impact the buffer along the south portion
of the wetland and could impact a portion of the buffer along the north portion of the
wetland.
9.
As previously found I a Hylebos Creek tributary flows into the wetland from beneath
South 336(h Street, exits the site through an adjustable gate spillway in the
southwest corner of the pond, and then flows into a storm pipe which passes
beneath Pacific Highway South. The tributary has no defined stream channel within
Wetland "A" and dries up during the late summer.
10.
Wetland "C" consists of a 3,762 square-foot Category III Palustrine scrub-shrub
wetland located near the center of the parcel at the proposed location of the school
auditorium/sanctuary building. The applicant proposes to fill both the wetland and
its required 25-foot wide buffer. Wetland "C" has no hydrological connection to any
other water body as its hydrology is provided by a high ground water table. The
Page - 4
11.
12.
13.
wetland has low habitat value due to its size, lack of plant diversity, isolation, and
lack of open water during the summer months.
Wetland "8", located along the eastern property line, consists of a linear, riparian
wetland that is associated with and straddles the eastern Hylebos Creek tributary.
The wetland meets the definition of a Category \I Palustrine Forested wetland
which requires a 1 OO-foot wide buffer. The Hylebos tributary provides hydrology for
the wetland as it flows into said wetland through two culverts beneath South 336th
Street. Sewer line construction previously disturbed the wetland and buffer. The
site plan shows the wetland surrounded by a 1 OO-foot wide buffer with the exception
of the north portion adjacent to South 336th Street.
To build the project as proposed and make a reasonable use of the property, the
applicant must fill Wetland "C" and its buffer. To mitigate therefor, the applicant
proposes to intrude into Wetland "B", its buffer, and the tributary buffer to create
5,200 square feet of Category II wetland which will include grading. The applicant
must also displace 16,305 square feet of Wetland "A" buffer to facilitate construction
of the access road from Pacific High~ay Söuth. To mitigate for the displacement,
the applicant proposes to create 20,083 square feet of wetland buffer along the
eastern border of the existing buffer. The applicant may need to displace an
unknown amount of buffers for both Wetlands "A" and "8" adjacent to South 336th
Street. The exact area of displacement (if any) will not be known until the City
Council makes its determination regarding approval of the project and road
improvements. Maximum displacement will include 11,690 square feet of Wetland
"A" buffer and 6,794 square feet of Wetland '~B",buffer. To mitigate, the applicant
will add 21,480 square feet of wetland buffer to the northeast buffer of Wetland "A"
and 17 165 square feet of buffer along the western buffer of Wetland "B" (See
Exhibit 3).
Section 22-1358 FWCC sets forth the criteria an applicant must meet prior to
constructing improvements and making land surface modifications within regulated
wetlands. Section 22-1359 FWCC sets forth criteria for constructing improvements
and land surface modifications within regulated wetland buffers. The first five
criteria set forth in each section are identical, but modifications within wetlands have
four additional criteria. As previously found, the applicant must fill Wetland "C" and
its buffer. Prior to obtaining approvalto do so, the applicant must establish that the
request satisfies all criteria set forth in Sections 22-1358(d) and 22-1359(f) FWCC.
Findings on each criteria are hereby made as follows:
Page - 5
A.
C.
Filling the wetland will not adversely affect water quality. The wetland has
no hydrologic connection with other wetlands or stream corridors. A code-
required final erosion and sedimentation control plan will address adverse
water quality impacts related to grading and filling activities. The created
wetland and buffer along the eastern tributary will provide much greater
functions relating to water quality, hydrology, and wildlife habitat than
currently provided by Wetland "C".
B.
Filling the wetland and buffer will not adversely affect the quality of wildlife
habitat. Wetland "c" has low habitat value due to its small size, hydrologic
isolation, lack of plant diversity, and lack of open water during the summer.
The compensatory mitigation areas along Wetland "B" will provide habitat
values equal to or greater than retention of Wetland "C". No endangered or
protected animals inhabit the site.
Filling the wetland and buffer will not adversely affect drainage or storm water
retention capabilities. The applicant will excavate the mitigation area to
ensure a volume of surface water detention and retention equal to Wetland
"C".
D.
Filling will not lead to unstable earth conditions or create erosion hazards.
Wetland "c" is !lot located near any geologically hazardous areas, and an
erosion and sedimentation control plan which the City must approve will
address erosion from filling and grading.
E.
Filling the wetland will not be materially detrimental to any other property in
the area nor to the City as a whole. As previously found, the applicant will
create 5,200 square feet of wetland as compared to the 3,762 square feet
filled.
F.
As previously found, the filling of Wetland "c" will result in no net loss of
wetland area, function, or value.
G.
The project is in the best interest of the public health, safety, or welfare. As
previously found, creating additional wetland and buffer within the valuable
stream/wetland area along the east property line results in greater resource
protection and will allow more efficient use of land.
H.
The applicant has demonstrated sufficient scientific expertise and
Page - 6
15.
supervisory capability to carry out the project. The applicant's wetland
biologist is a recognized expert with over 10 years experience in designing
wetland mitigation plans.
I.
The applicant is committed to monitoring the project and making corrections
if the project fails to meet projected goals. The applicant has provided a
mitigation and monitoring plan for a five-year period and has also designed
the storm drainage system to allow further discharge into the wetlands to
restore hydrology if such is necessary.
J.
The City has approved the applicant's conceptual mitigation plan, and the
replacement and enhancement wetland and buffer ratios satisfy the criteria
set forth in Section 22-1358(e)(3) FWCC.
Prior to obtaining approval to intrude into Wetland "B" and its buffer and the Stream
"B" buffer to provide compensatory wetland and buffer for filling Wetland "C" and its
buffer, the applicant must also establish that the request satisfies the criteria set
forth in Sections 22-1358 and 22-135~ EWCC. Findings on each criteria are hereby
made as follows:
A.
Intrusion to create additional wetlands will not adversely affect water quality.
The created wetland area will have a greater diversity of wetland plants than
Wetland "C", and such plants will provide water quality by removing nutrients
and toxins by filtration and uptake in plant tissue. Mitigation and monitoring
will ensure no adverse impacts to water guality.
B.
The intrusion will not adversely affect the existing quality of the wetland's or
buffer's wildlife habitat. Habitat potential in the mitigation area of Wetland "B"
is greater than the wetland and buffer of Wetland "C". The enhanced native
scrub-shrub plant community and native forest habitat will increase the
vegetation and plant diversity thereby improving near stream habitat
opportunities.
C.
The intrusion will not adversely affect drainage or stormwater retention
capabilities. The applicant has designed the created wetland to replicate the
stormwater retention capacity of Wetland "C". The applicant will excavate
the toe of an existing slope and create a volume of surface water detention
and retention comparable to or greater than the filled wetland. Creek flood
waters, as well as stormwater runoff, will provide a source of hydrology to the
Page - 7
16.
new wetland. Project stormwater is infiltrated into the ground will move down
slope through the wetland buffer into the created wetland.
D.
The intrusion will not lead to unstable earth conditions nor create erosion
hazards. The creation area consists of a relatively level flood plain adjacent
to the Hylebos tributary. Excavation depth will range from one to three feet,
and water velocities, even during winter flooding periods, are relatively slow.
The dredging will create no steep slopes or other topography subject to
erosion. Extensive revegetation will bind the soil and control erosion.
E.
The intrusion will not be materially detrimental to any other property in the
area nor to the City as a whole. The project will not affect off-site properties
or public or private open space areas.
F.
As previously found, the intrusion will result in no net loss of wetland area,
function, or value. The applicant is creating more wetland than it is filling in
accordance with the requirements of the FWCC. The applicant is also
establishing substantially more wetland buffer than destroyed.
G.
The project is in the best interest of the public health, safety, or welfare. As
previously found, trading a small, isolated wetland for an expanded,
connected, wetland system results in greater resource protection and more
efficient use of land. .
H.
As previously found, the applicant has demonstrated sufficient scientific
expertise and supervisory capability tö fulfill the project.
Prior to eliminating a portion of Wetland "Allis south buffer to allow construction of
the access road from Pacific Highway South, the applicant must establish that the
request satisfies the criteria set forth in Section 22-1359(f) FWCC, addressing
wetland buffers, and Section 22-1312(c) FWCC, addressing intrusion into setbacks
for streams. Said Sections set forth the same criteria, but Section 22-1312 FWCC
has one additional criteria. Findings on each criteria are hereby made as follows:
A.
Locating the access road within the Wetland "A" buffer will not adversely
affect water quality. As previously found, Wetland "A", located mostly west
and northwest of the site, is known as the "Kitts Corner Pond" and provides
a regional storm drainage facility. The applicant's conceptual storm drainage
plan (Exhibit L) shows surface water collected from the proposed access
Page - 8
17.
road and directed into a storm water treatment system to the south of said
road. The water then discharges into Wetland "A" following cleansing.
B.
Construction of the road in the buffer will not adversely affect the existing
quality of the wetland's or buffer's wildlife habitat. The buffers on the west
and south sides of Wetland "A" are presently in poor condition and consist
of earthen berms, gravel roadways, and sparse vegetation. However, the
eastern buffer consists of forest and is therefore in good condition. The
applicant proposes to remove 16,305 square feet of a previously disturbed
buffer area and replace it with property adjacent to the high quality, forested
buffer on the east side of the wetland. The access road is proposed within
an existing access easement and was recognized in the Settlement
Agreement.
C.
Construction of the road will not adversely affect drainage or stormwater
retention capabilities. Construction in accordance with a final storm drainage
grading and erosion control plan will assure no adverse impacts to the
drainage or stormwater retention càpabilities of the buffer.
D.
Construction will not lead to unstable earth conditions nor create erosion
!1azards. The road area contains no geologically hazardous areas, and
construction in accordance with approved plans will ensure that no unstable
earth conditions or erosion hazards develop.
E.
Construction will npt be materially detrimental to any other property in the
area of the subject property nor to the City as a whole, including loss of open
space. Replacement of a disturbed buffer with forested property will benefit
the City and properties in the area. The additional buffer will preserve and
protect sensitive areas from future land modifications and encroachments by
people and animals.
F.
Section 22-1312(c)(6) requires the applicant to show that the intrusion is
necessary for reasonable development of the subject property. The road will
provide access to the site in accordance with an existing easement
recognized by the Settlement Agreement. To build the project, the applicant
must have an access onto Pacific Highway South. Therefore, the applicant
cannot proceed with reasonable development without the road.
As previously found, depending on the City Council's requirements for street
Page - 9
improvements on South 336th Street, the applicant may need to intrude into those
portions of the buffers of both Wetlands "A" and "B" located within the right-of-way
of said road. If the City Council requires full street improvements within the wetland
. buffer areas, the applicant will need to disturb 11,690 square feet of Wetland "A"
buffer and 6,794 square feet of Wetland "B" buffer. The applicant proposes to
create 21,480 square feet of buffer for Wetland "A" and 17.165 square feet of buffer
for Wetland "8". Thus, the applicant will replace 18,484 square feet of low quality
wetland buffer with 38,645 square feet of high quality buffer. Prior to intruding into
said wetland buffers to make street improvements, the applicant must establish that
the requests satisfies the criteria set forth in Sections 22-1312 and 22-1359 FWCC.
The request satisfies said criteria as the applicant must construct improvements to
include pavement widening, retaining walls. and extension of storm drainage pipes.
The existing location and configuration of South 336t11 Street plus the required street
improvements dictate the street and storm drainage system design for the overall
project. All improvements will occur within the right-of-way, and the retaining walls
will limit buffer displacement. Both buffers along South 336th Street have been
previously disturbed by construction of existing street and drainage improvements
but have revegetated over time. As previQusly noted, a sewer line was constructed
within Wetland "8". The wetland buffers within the right-of-way provide no
significant habitat value, but must be invaded to provide. access to the site. The
applicant has also demonstrated that the stream cannot cross beneath South 336th
Street in an open condition, and extending the culvert by three feet will have little,
discernable effect on stream function or habitat. The existing culvert meets the 100-
year storm design standard as will the extensions. The culvert design does not
preclude fish passage. although fish do not inhabit either tributary, and are not
located immediately down stream. .
18.
In summary, Wetland "A" will not be disturbed, but will have its buffer area expanded
from the present 192,327 square feet to a possible 205,895 square feet, and will
also have 3.598 square feet of wetland enhancement. Wetland "C" will be filled and
eliminated. Wetland "B" will increase in size by 5,200 square feet and will have its
buffer area increased from the present 193,085 square feet to 220,089 square feet.
Overall, wetland size will increase from the present 242,971 square feet to 244,410
square feet. Wetland buffers will increase from the present 393,838 square feet to
425,985 square feet (Exhibit 3). Therefore, development of the site as proposed will
result in no net loss in wetlands and/or wetland buffers.
19.
Prior to obtaining Process IV review approval, the applicant must establish that the
request satisfies the criteria set forth in Section 22-445(c) FWCC. Findings on each
/
Page - 10
A.
20.
criteria are hereby made as follows:
All requests are consistent with the Federal Way Comprehensive Plan.
Applicable goals and policies set forth in the Plan include Policy CA4 which
approves a tradeoff of small, isolated wetlands in exchange for a larger,
connected wetland system which can achieve greater resource protection
and reduce isolation and fragmentation of hab,itat. The applicant proposes
a development which eliminates a "small, isolated wetland" in exchange for
increasing the size of a more valuable, larger, connected wetland system.
Policy NEG7 of the Comprehensive Plan encourages the protection and
enhancement of the functions and values of the City's wetlands, and the
applicant's mitigation plans do so. As previously found, the project meets the
City's objective of no overall net loss of wetland functions or values in
accordance with Policy NEP43. The mitigation site complies with Policy
NEP50 as it contributes to an existing wetland system and increases buffers
for existing wetlands.
B.
The project is consistent will aU applicable provisions and laws of the FWCC
assuming compliance with conditions of approval and City Council approval
for the overall development.
C.
The project is consistent with the public health, safety, and welfare.
D.
The City Council will determine whether the streets and utilities in the area
are adequate to serve the anticipated demand from the proposal. The
wetland mitigation does not generate demand on streets and utilities.
Approval of the Process IV request will authorize street frontage
improvements within the South 336th Street right-of-way and construction of
an access road from Pacific Highway South.
E.
The City Council will determine whether the proposed accesses to the parcel
are at their optimal location and configuration. Again, the Process IV
approval authorizes street improvements and construction as set forth
above.
The City included a number of comment letters which raised generalized objections
regarding the filling of wetlands and intrusion into wetland buffers. However, none
of the letters offered expert testimony contradicting the applicant's expert studies
and the City's review thereof. The Washington Court of Appeals addressed such
Page -11
comments in Maranantha Mining v. Pierce County, 59 Wash.App. 795 (1990);
The only opposing evidence was generalized complaints from
displeased citizens. Community displeasure cannot be the basis of
a permit denial. 59 Wash.App. 795, at 804.
IV. CONCLUSIONS
From the foregoing findings the Hearing Examiner makes the following conclusions:
1.
2.
3.
The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
The applicant has established that the request to fill a Category III wetland and
buffer, mitigate for such activities by providing additional wetlands and buffers,
displacing a wetland/stream buffer to accommodate an access road, and intrude
into wetland buffers to construct street improvements is consistent with applicable
criteria set forth in Sections 22-1358,22-1359, and 22-1312 FWCC. The project
also complies with applicable goals ana policies of the Federal Way Comprehensive
Plan.
The project satisfies all criteria set forth in Section 22-445(c) FWCC for Process IV
approval. Therefore, Process IV approval should be granted subject to the following
conditions:
1.
As required by the Director of Community Development Services, prior to
occupancy of any buildings on the site, the applicant shall set aside the
wetlands and buffers approved by this decision as Native Growth Protection
Tracts (NGPT's). The boundaries of the areas shall be surveyed and shall
reflect the expanded buffers shown in a final approved Mitigation and
Monitoring Plan, prepared in accordance with Condition #7 below; and shall
be in addition to the buffer area for the east side of Wetland "A" as
delineated the 1996 Settlement Agreement between the City of Federal Way
and the Federal Way Industrial Park. The applicant shall submit the draft
documents for the City's review and authorization and the documents shall
be recorded as directed by the City.
2.
As required by the Directors of Community Development Services
Department and Public Works Department, prior to issuance of any
Page - 12
construction permits, the applicant shall field-flag all identified wetland buffer
boundaries in accordance with a final approved Mitigation Plan, prepared in
accordance with Condition #7 below; and consistent with the recorded Native
Growth Protection Tracts as required by Condition #1 above; and the buffer
boundaries shall be reflected on all applicable construction drawings and
permits.
3.
As required by the Director of Community Development Services, prior to
issuance of a building permit, the applicant shall submit for the City's review
and approve a plan to provide signage on the site, identifying
environmentally sensitive areas and prohibiting human and pet access into
such areas. The plan shall include the number, location, and design details,
including text, for the proposed signs.
4.
Any use of the recreational field adjacent to Wetland "8" for competitive
athletic games, such as baseball or soccer, as may be approved by the
Director of Community Development Services, must provide fencing adjacent
to the sports field along the west Wetland "8" buffer boundary, delineated
pursuant to Condition #1 aþove. Prior to initiation of any such activities, the
applicant shall establish the fencing pursuant to the City's review and
approval of a fencing plan and design details as provided by the applicant,
and such fencing shall be designed to allow for the passage of small
animals.
5.
As required by the Director of Community Development Services pursuant
to FWCC § 22-1358(1 )(g) and § 22-1358(3)(4), prior to issuance of
construction permits related to any work approved with this application, the
applicant shall: (a) provide a cost estimate that covers the complete costs for
plant materials, installation, and maintenance, including contingencies,
pursuant to the final approved Mitigation Plan; (b) provide a performance and
maintenance bond to the City in the amount of 120 percent of the cost
estimate; and (c) pay for the services of a qualified professional selected and
retained by the City to review monitoring reports, conduct inspections, and
make recommendations to the City during monitoring period. Following
successful installation of the wetland mitigation work pursuant to the final
approved Plan and initial inspection, the performance portion of the bond
shall be released and the five-year maintenance portion of the bond shall
apply during the five years of monitoring.
Page - 13
6.
As required by the Director of Public Works, grading and clearing activities
in the Wetland "8" mitigation area (excluding installation of planting and an
irrigation system) shall be prohibited between October 1 st and April 30th.
7.
Prior to issuance of any construction permits, the applicant shall submit a final
Mitigation and Monitoring Plan, for the City's .review and approval, that
addresses all outstanding requirements as identified in the April 8, 2004,
memorandum from Sheldon and Associates, Inc.
8.
The Process IV approval does not take effect unless or until the City Council
approves the Comprehensive Plan Amendment, Rezone, Development
Agreement, and Development Plan, as separately requested by the
applicant.
DECISION:
The request for Process IV approval to allow the filling of Wetland "C", the mitigation for
the filled wetland and buffer by the creation of wetland and additional buffer area in all and
adjacent to Wetland "8"; the displacement. of a portion of a wetland/stream buffer to
accommodate an access road; and the intrusion into wetland buffers for street
improvements is hereby granted subject to the conditions contained in the conclusions
above. ~
DATED THIS 2') DAY OF
~ ~
TRANSMITTED THIS;?3.- DAY OF / '
APPLICANT/AGENT: Gil Hulsmann
Abbey Road Group, LLC
PO Box 207
Puyallup, WA 98372
,2004, to the following:
Page - 14
QWNERCS):
Christian Faith Center
PO Box 9860
Seattle, WA 98198
Bob Loomis
2101 S. 324th St., SP 205B
FederalVVay, VVA 98003
Carl Jones
Belmor Park
2101 S 324th S1., SP333
Federal Way, WA 98003
RD. Pearson
2101 S. 324th S1., #303
FederalVVay, VVA 98003
Jack Tylare
2101 S. 324th St., #10
Federal Way, WA 98003
Barry Turnbull
33355 20 S.
Federal Way, WA 98003
Shirley Fulbraa
33357 20 S.
Federal Way, WA 98003
.' '
Phyllis L. Bowman
32820 20th Ave. S., #25
Federal VVay, VVA 98003-9429
Tom Rolph
1860 S. 336th St.
FederalVVay, VVA 98003
Marie Adair
28811 19th Ave. S.
FederalVVay, VVA 98003
Juliet Sykes
402 S. 333rd St., Suite #100
Federal VVaYi WA 98003
Dr. Patricia Mail
35214 - 28th Ave. S.
FederalVVay, VVA 98003
Virginia Marquart
29009 22nd Ave. S.
Federal Way, VVA 98003
Paul Ouellette
1918 Rolling Hills SE
Renton, VVA 98055
John C. Brownson
2101 S. 324th St., #117
Federal Way, WA 98003
Rik Newell
2101 S. 324th St., #137
FederalVVay, WA98003
Robert Roper
525 SW 312th S1.
FederalVVay, WA 98003
Joann Piquette
Ted W. Wilson
Page - 15
302 S. 295th PI.
FederalVVay, VVA 98003
824 S. Marine Hills VVay
FederalVVay, VVA 98003
Margaret Nelson
32904 4th Ave. SVV
FederalVVay, VVA 98023
John Kanto
1824 S. 344th St.
FederalVVay, VVA 98003
City of Federal VVay
c/o Chris Green
P.O. Box 9718
Federal VVay, VVA 98063-9718
PROCESS IV
Rights tò Appeal
Decisions of the hearing Examiner may be appealed by any person who is to receive a
copy of that decision under FVVCC Section 22-443.
The appeal, in the form of a letter of appeal, must be delivered to the Department of
Community Development Services within fourteen (14) calendar days after the issuance
of the Hearing Examiner's decision. The letter of appeal must contain:
2.
A statement identifying the decision being appealed along with a copy of
the decision;
3.
A statement of the alleged errors in the Hearing Examiner's decision,
including specific factual finds and conclusions of the Hearing Examiner
disputed by the person filing the appeal; and
4.
The appellant's name, address, telephone number and fax number, and
any other information to facilitate communications with the appellant.
The person filing the appeal shall include, with the letter of appeal, the fee established
by the City of the costs of preparing a written transcript of the hearing (or in the
Page - 16
alternative, the appellant may prepare the transcript at his or her sole costs from tapes
of the hearing provided by the City).The appeal will not be accepted unless it is
accompanied by the required fee and cost (or agreement of the appellant to prepare the
transcript).
Appeals from the decision of the Hearing Examiner will be heard by The City Council.
The decision of City Council is the final decision of the City.
The action of the City in granting or denying an application under this article may be
reviewed pursuant to RCW 36.70C in the King County Superior Court. The land Use
Petition must be filed within twenty-one (21) calendar days after the final land use
decision of the City.
EXHIBIT D
STATEMENT OF FACTS AND CONCLUSIONS
1.
The applicant has a possessory ownership interest in a generally rectangular parcel of unimproved
property located east of Pacific Highway South and west of Interstate 5 (1-5) between South 336Ú1
Street and South 34151 Place within the City of Federal Way.
2.
The subject site currently has a comprehensive plan and zoning designation of Business Park (BP)
and the land is presently vacant. Existing zoning and land uses of the surrounding properties in the
vicinity include single and multiple family to the north; a mix of residential, commercial, and
industrial to the south; commercial to the west, and Interstate 5 and commercial to the east.
3.
The applicant has submitted requests for approval of a comprehensive plan amendment and rezone,
with an associated development agreement and deyelopment plan to allow development of the site
into a 218,500 square-foot church, 10 1,526 square-foot private school, and associated parking,
playfields, and accessory uses.
4.
The requested Comprehensive Plan Amendment and Rezone is subject to a City Council decision
pursuant to Federal Way City Code (FWCC) Chapter 22, Article IX, "Process VI Review;" and the
requested Development Agreement and Development Plan is subject to City Council decision
pursuant to FWCC Chapter 22, Article IX, "Process VI Review," and FWCC Chapter 22, Article
XXI, "Deyelopment Agreements." The decision to approve or deny the requests is within the
jurisdiction of the Federal Way City Council.
5.
The City Council held a Public Hearing May 24,2004 and June 15,2004, took testimony, admitted
evidence into the record, and considered the matter fully.
6.
All appropriate procedures were followed in accordance with the requirements of the FWCC and
applicable law.
7.
All appropriate notices were delivered in accordance with the requirements of the FWCC and
applicable law.
8.
The Hearing Examiner reviewed and conditionally approved the environmentally sensitive areas
requests associated with the application on April 23, 2004. The Hearing Examiner Decision sets
forth general findings, applicable policies and provisions in the matter and is hereby incorporated in
its entirety, without limitation, by this reference.
9.
Pursuant to the State Environmental Policy Act (SEPA), the City issued a Notice of Adoption of
Existing Environmental Documents and Issuance of a Determination of Nonsignificance, on the
proposed Comprehensive Plan Amendment and Rezone of the site from Business Park (BP) to
Multifamily Residential 3600 (RM-3600) on July 4, 2001. The City issued Draft and Final
Environmental Impact Statements (EIS) for the development application on November 18, 2003,
and March 3,2004, and EIS Addenda on April 16,2004 and May 21,2004. Four public meetings
were conducted during the environmental review process for the proposed project. These included
an EIS Scoping Meeting on August 27,2002; Neighborhood Traffic Meeting on May 8, 2003; Draft
Environmental Impact Statement (DEIS) hearing on December 12, 2003; and City Council EIS
briefing on March 15,2004. The Threshold Detennination, EIS and addenda, and all environmental
documents for the project, are hereby incorporated in their entirety, without limitation, by this
reference.
10.
The Staff Report sets forth general findings, applicable policies and provisions in the matter and is
hereby incorporated in its entirety, without limitation, by this reference.
11.
Pursuant to FWCC Section 22-1660, "Purpose," development agreements associated with a
comprehensive plan designation and related zoning change may be used at the City Council's
discretion, where the project is larger in scope and has potentially larger impacts than nonnal, or
where the City Council may desire to place certain restrictions on the proposal. The intent of a
development agreement is not to waive requirements nonnally associated with a proposed use. A
"Concomitant Agreement and Development Agreement", herein called "The Agreement" or "The
Development Agreement," has been prepared for the project in order to fully address and mitigate
identified impacts associated with the project. The Concomitant Agreement allows for a rezone of
the property subject to conditions governing the use of the property. Under the Concomitant
Agreement, the allowable use of the property shall be limited to a church, a school, and accessory
uses. Pursuant to FWCC Section 22-1662, "Content," the Agreement sets forth the development
standards and other provisions that apply to and govern and yest the development, use, and
mitigation of the development of the real property for the duration specified in the Agreement,
consistent with the applicable City of Federal Way development regulations. The Agreement is
accompanied by a Development Plan (Exhibit B to the Agreement) as required by FWCC Section
22-1669, and has been prepared in accordance with FWCC Section 22-1664, "Preparation of
Development Agreement."
12.
Mitigation measures established in the Agreement are based on the FWCC and adopted regulations,
policies and procedures; Federal Way Comprehensive Plan (FWCP); the EIS prepared for the
project, including the key deyelopment and operational assumptions underlying the EIS analysis;
and the City's police power authority.
13.
Mitigation measures established in the Agreement are proportional to direct, identified impacts of
the development and are supported by substantial evidence.
14.
The proposed principal uses of the site as a church and school, are allowed uses in the proposed
Multifamily Residential (RM) zoning districts, pursuant to FWCC Sections 22-671 and 22-674,
subject to all applicable development regulations and standards. Use and development of the site
consistent with the FWCC and the Development Agreement will help ensure compatibility of the
use with sUfTOunding areas.
15.
The project will proyide a "front yard" setback from South 336th Street of a minimum 50 feet; with
"side" and "rear" yards of 30 feet for the church building; and 50 feet for the school building, ball
fields and any playground equipment. This provides an additional 20 feet more of front yard
setback from South 336th Street for the church building than would be required by FWCC Sections
22-671 and 22-674, which allows additional landscape screening against South 336th Street and
residential zoning districts to the north of the site. In addition, pursuant to code-required parking
setbacks and design guidelines, a IS-foot parking lot setback along church portion with landscape
buffer will be provided along the south property line adjacent to the residential uses to the south.
Christian Faith Center Files CP A99-0004, 02-1 02271-00-UP, 02-102272-00-SE
Statement of Facts and Conclusions - Exhibit D to Adoption Ordinance Page 2
16.
Consistent with FWCC Sections 22-671 and 22-674, the maximum allowed height of single-story
elements of the church building is 35 feet above average building eleyation (ABE), with up to three
additional feet allowed for articulated cornices, and the maximum second-story height for offices,
classrooms, library, and similar uses is 40 feet above ABE. The maximum height of the school
building is 40 feet above ABE, with up to three additional feet allowed for articulated cornices. The
maximum height of the sanctuary portion of the church, and the gymnasium portion of the school
auditorium, is 55 feet ABE.
17.
Pursuant to FWCC Section 22-1669, "Development Plan," and FWCC Section 22-395, "Director's
Decision", the site and architectural design elements of the project were approved in a March 20,
2004, Director's Design Decision, based on the analysis and findings contained in Exhibit A to the
decision. Development of the site in accordance with the design decision and other conditions of
project approval and required mitigation will ensure incorporation of good design principles and
compatibility with surrounding areas. The design decision sets forth general findings, applicable
policies, and provisions, and is hereby incorporated in its entirety, without limitation, by this
reference. .
18.
The applicant's preliminary clearing, grading, erosion control, significant tree survey, landscape,
and surface water drainage plans have been reviewed and accepted under applicable City of Federal
Way adopted codes, policies, and regulations, including FWCC Chapter 21, "Surface Water
Management"; FWCC Chapter 22, Article XVII, "Landscaping"; and the King County Surface
Water Design Manual (KCSWDM) and the City's amendments to the KCSWDM, subject to review
of final construction plans prepared in accordance with all applicable codes and development
standards; the EIS; Process IV conditions of approval; and mitigation required under the
Development Agreement.
19.
Surface water detention and water quality treatment facilities will be provided for both the west and
east drainage sub-basins on the site, in accordance with all applicable design and development
regulations.
20.
The Development Agreement establishes a number of mitigation measures that meet or exceed code
requirements. This includes the oversight of a Construction Site Erosion and Sediment Control
(ESC) Supervisor; a Storrnwater Pollution Prevention Plan; a phased construction plan; and
seasonal construction limits. Surface water mitigation in the Agreement includes design and
construction of the east side stormwater detention pond to meet Level 2 flow control standards;
collection and dispersement of roof runoff from the sanctuary roof to adjacent wetland buffer areas;
design and construction of surface water treatment facilities for the East and West 1 sub-catchments
to include the use of Storrnwater Management filter vault systems, with compost medium, that
meets or exceeds Resource Stream Protection Standards; and provision of an Integrated Pest
Management Plan as described in the Department of Ecology Stormwater Manual (2001), in order
to control the use of fertilizers and pesticides. The Agreement also provides for denser vegetated
bank cover and larger trees around surface water detention water quality treatment ponds than
would otherwise be required by code. Additional vegetated cover will contribute to water quality by
decreasing the temperature of surface water runoff from impervious surfaces and standing water in
drainage facilities. This will help mitigate storrnwater drainage impacts from the development.
21.
Perimeter landscape buffers, as specified in the Development Agreement, meet or exceed the
applicable standards in FWCC Section 22-1566, "Multifamily Residential, RM," This includes 50
feet of landscaping along South 336th Street; 20 feet along other public rights-of-way and access
easements; 15 feet along other property lines associated with the church; and 10 feet along other
Christian Faith Center Files CP A99-0004, 02-1 02271-00-UP, 02-1 02272-00-SE
Statement of Facts and Conclusions - Exhibit D to Adoption Ordinance Page 3
property lines associated with the school. These provisions are consistent with the FWCC, and also
provide 20 feet of additional landscaping along South 3361h Street than required by codc. A 50 foot
vegetated landscape buffer along South 3361h Street will preserve additional native trees and shrubs
and preserve a cross-site vegetated corridor linking to on-site wetland and stream buffers and
riparian areas along the East Branch Hylebos Creek. In addition to retaining native vegetation and
providing habitat opportunity, this corridor will provide water quality functions such as rainwater
interception and filtering.
22.
The clearing, grading, surface water, and landscaping mitigation provided in the Development
Agreement is consistent with goals and policies contained in the FWCP Natural Environment
Chapter, including NEGl, NEG2, NEG3, NEGI0, NEP1, NEP2, NEP7, NEP 10, NEPI8, NEP21,
NEP63, and NEP64.
23.
Pursuant to FWCC Sections 22-1671, 22-1674, and 22-1378, the required amount of parking for
churches and schools is detennined on a case-by-case basis, pursuant to a parking demand analysis.
Based on the City's review of the applicant's Traffic Management Plan (TMP), the Development
Agreement specifies a minimum of 1,406 parking stalls and a maximum of 1,540 stalls on the site
to serve anticipated parking demand for ordinary operation of the site. The Agreement also requires
the applicant to prepare and submit an overflow parking plan for review and approval to the Public
Works Director prior to special events to manage overflow parking using resources such as transit,
shuttle service, and traffic control such as flaggers and police officers. The Agreement establishes
the parking setbacks from property lines, consistent with FWCC Sections 22-671 and 22-674.
24.
Lakehaven Utility District has provided Certificates of Water and Sewer Ayailability for the
property, and will provide these services pursuant to developer extension agreements between the
applicant and District. Fire and emergency medical services will be provided by the Federal Way
Fire Department. A City-operated regional stonn drainage detention pond located in the northwest
portion of the site has been detennined to have adequate capacity to accommodate site drainage
from the westerly sub-basin on the property.
25.
Staff has reviewed and analyzed transportation related matters. The Staff Report sets forth general
findings, applicable policies, and provisions related to the matter, and is hereby incorporated in its
entirety, without limitation, by this reference.
26.
The project site has frontage on the existing rights-of-way of South 336th Street, SR 99 (Pacific
Highway South), South 34151 Place, and the planned extension of 20th Avenue South, as shown in
FWCP Map III-5. Pursuant to FWCC Section 22-1474(a), frontage improvements are required for
these roadways.
27.
South 336th Street is classified as a minor arterial, as shown in FWCP Map 111-5. FWCP Map 111-6
classifies South 3361h Street as a Type K street. FWCP Map III-19 was revised to relocate the
segment of a bicycle route on South 3361h Street between 13th Place South and 20th Avenue South to
South 330lh Street. Therefore, a Type K street is no longer applicable to South 336th Street west of
20th A venue South; a Type M street is now the appropriate standard. Existing improvements on the
frontage consist of 36 to 54 feet of pavement with intennittent curb, gutter, and sidewalk on the
north side only. Existing right-of-way width varies from 60 to 100 feet. The applicant will dedicate
five feet of right-of-way on the west 400 feet of frontage only and construct the required half-street
improvements on the entire frontage. Modifications approved by the Director of Public Works may
be made pursuant to FWCC Section 22-1477, in order to minimize impacts to wetlands and wetland
buffers.
Christian Faith Center Files CPA99-0004, 02-102271-00-UP, 02-IO2272-00-SE
Statement of Facts and Conclusions - Exhibit D to Adoption Ordinance Page 4
28.
SR 99 (Pacific Highway South) is classified as a principal arterial, as shown in FWCP Map III-5.
FWCP Map 111-6 classifies SR 99 as a Type A street. SR 99 is currently under construction to
proyide full standard improvements, and all necessary right-of-way has been acquired.
29.
Twentieth Ayenue South is classified as a minor collector, as shown in FWCP Map 111-5. FWCP
Map III-6 classifies 20th Avenue South as a Type R street. As a new street through the site, the
applicant will dedicate all 66 feet of right -of-way and construct full street improyements.
30.
South 3415t Place is classified as a minor collector, as shown in FWCP Map 111-5. FWCP Map 111-6
classifies South 341 st Place as a Type R street. Existing improvements consist of a 36-foot street
with curbs and gutters, and five-foot sidewalks in a 60-foot right-of-way. The applicant will
dedicate an additional three feet of right-of-way. Pursuant to FWCC Section 22-1477, the
requirement for street frontage improvements on South 341 5t Place are waived because the
improvements are already in place.
31.
Pursuant to FWCC Section 22-14 74(b), the City may require up to 300 square feet of right-of-way
dedication per average daily trip generated. According to the EIS, average daily trip generation
would exceed 2688 trips, thus allowing the City to require at a minimum 806,486 square feet of
right-of-way dedication. Approximately 108,290 square feet of right-of-way dedication would be
required to meet full standards. Thus, the right-of-way requirements are proportionate with the leyel
of impact.
32.
Pursuant to FWCC Section 22-1542, two-lane driveways shall be 30 feet wide, and three-lane
driveways shall be 40 feet wide, unless design vehicles (the largest vehicle that would reasonably
be expected to use the driveway, and therefore the one to which the driveway will be desIgned)
require larger widths. The EIS analyzed all driveways as two-lane except for the northerly of the
four driveways onto 20th Avenue South, and the driveway onto South 336th Street, which were
assumed to be three-lane driveways.
33.
Pursuant to FWCC Section 22-1543(a), South 336th Street has an access classification of four,
which allows access points with spacing of 150 feet measured centerline-to-centerline. FWCC
Section 22-1543(c) limits access to one per 330 feet of frontage. South 336th Street has
approximately 2150 feet of frontage, thus six access points could be allowed. The site plan for the
project shows one access approximately 572 feet west of 20th Avenue South. A single-family
residential driveway is located opposite this proposed driveway, the driveway to the Ridgecrest
Motel is located approximately 100 feet to the west, and a driveway to a multi-family residential
complex is located 230 feet to the east. The spacing standard does not apply to single-family
residential uses. If the driveway were to be relocated to the east, it would worsen the intersection
sight distance for traffic turning left from the driveway onto westbound South 336th Street. If the
driveway were relocated to the west, it would infringe upon wetland buffer. The Ridgecrest Motel
consists of eight units. Based on ITE Trip Generation, 6th edition, the motel is estimated to generate
four trips the morning, evening, and Saturday peak hours, and three trips during the Sunday peak
hour; therefore, although this access does not meet spacing standards, it has a low probability of
creating a significant safety issue. City staff will monitor.
34.
Pursuant to FWCC Section 22-1543(a), SR 99 has an access classification of one, which, due to its
status as a state highway, must meet the Washington State Department of Transportation (WSDOT)
standard of 250 feet. Left-turn in access would best be allowed at a spacing of 330 feet, and full
access is permitted only at signalized intersections. However, FWCC Section 22-1543( c) limits
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access to one per 330 feet of frontage. The site has approximately 534 feet of frontage; therefore,
only one access point would be permitted. The project proposes to provide a right-in/right-out
access 749 feet south of South 336th Street, which would be shared with Pacifica Plaza. This
location has no other access within 250 feet. Therefore, this access meets driveway spacing
standards.
35.
Pursuant to FWCC Section 22-1543(b), the access spacing standard for 20lh Avenue South would
be 150 feet. Each of the proposed driveways meets this standard. However, FWCC Section 22-
1543(c) limits access to one per 330 feet of frontage. Twentieth Avenue South has 1662 feet of
frontage, thus five access points could be allowed, whereas four are proposed. Therefore, this
standard is met.
36.
Pursuant to FWCC Section 22-1543(b), the access spacing standard for South 341 sl Place would be
150 feet. FWCC Section 22-1543(c) limits access to one per 330 feet of frontage. No access points
are proposed onto South 341s1 Place. However, the creation of the intersection of20lh Avenue South
and South 341 sl Place creates access spacing issues with an existing driveway at the intersection of
21 sl Avenue South and South 341 st Place. As part of engineering plan review, the applicant will
provide plans that proYide adequate intersection sight distance, geometries, and traffic control
measures that provide for safe and efficient operation of the intersection consistent with FWCC and
adopted standards.
37.
Pursuant to TIA Guidelines item VLDA.a, the City uses Highway Research Record 211 to
determine when left-turn lanes are warranted at unsignalized intersections. A left-turn lane is
warranted when certain thresholds involving travel speeds, left-turn volumes, through volumes in
the same direction as the subject left-turn, and opposing traffic volumes are exceeded.
38.
Based on the volumes in the traffic analysis for the EIS, this warrant is met at the driveway on
westbound South 336th Street during the morning, afternoon, and evening peak hours. Therefore,
the applicant will provide a westbound left-turn lane at the site access on South 336th Street.
39.
Based on the volumes in the traffic analysis for the EIS, left-turn lane warrants are met at the north
driveway on northbound 20th A venue South during the morning, and Sunday between service
peaks; at the north central driveway on southbound 20th Avenue South during the morning,
afternoon, Sunday between service, and Sunday after service peaks; at the south central driveway
on northbound 20lh Avenue South during the morning, and Sunday between service peaks; at the
south central driveway on southbound 20th A venue South during the Sunday between service peak;
at the south driveway on southbound 20th Avenue South during the Sunday between service and
after service peaks; and at the south driveway on northbound 20th Avenue South during the Sunday
between service peak. Since left-turn lanes are warranted at each driveway, the applicant will stripe
20th A venue South to provide a two-way left-turn lane throughout the site.
40.
The proposed schedule of activities contained in the Traffic Management Plan (TMP), required
pursuant to FWCC Section 22-671, was analyzed in the environmental review. Pursuant to FWCP
Policies TP5, TP45, and TP62, the following restrictions on the scheduling of activities will be
placed on the development in order to reduce traffic impacts: school classes will be completed by
3:30 pm; Sunday services will be separated by at least 90 minutes; evening services will be
scheduled to start no earlier than 6:30 pm; Dominion College wìlt' have no classes scheduled
between noon and 6:30 pm; and special events will be reviewed on a case-by-case basis pursuant to
the TMP and should be scheduled to not add trips during peak hours of other uses, or conversely,
other uses should be canceled to accommodate the special events. Should a modification of this
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schedule of activities, which was submitted for review in the EIS, be required, the Agreement
specifies the applicable code process to use.
41.
The intersection of SR 99 at South 31th Street would fail the adopted Level of Service (LOS)
standards in 2007 with or without Christian Faith Center (CFe). This intersection was originally
included in the study area based on a 10 evening peak hour trip threshold in the City's Guidelines
for the Preparation of Transportation Impact Analyses. As a result of the initial analysis, CFC
modified their proposed hours of operation to reduce evening peak hour trip generation. As a result,
the project now impacts this intersection by eight evening peak hour trips, less than the 10-trip
threshold. Therefore, no mitigation is required at this intersection.
42.
Pursuant to the methodology analyzed in the EIS, the intersection of South 320th Street and 23rd
Avenue South fails the adopted LOS standard during the evening peak hour in 2007, with or
without the project, and fails as a result of the project during the Sunday peak. Staff considered
other methodologies for determining failure of the adopted LOS standard without violating the
adopted policy. In practice, City staff has administered the policy as outlined in the TIA guidelines
as the worst of two tests. Table 2 defines a volume/capacity ratio test as Xc (as defined in the
Highway Capacity Manual) must be less than 1.000. However, item V.B. in the TIA Guidelines
specifies that no movement shall have a volume/capacity ratio greater than 1.000. It is this latter
standard upon which the EIS identified the LOS failure. Using Xc, the volume /capacity ratio is 0.91
during the 2007 evening peak hour and 0.94 during the Sunday peak hour. Given that using Xc is
consistent with FWCP Policy TPI6, and the high cost to mitigate relative to the impact, no
mitigation will be required at this intersection.
43.
The intersection of South 336th Street at pt Way South would fail the LOS standards during the
evening peak hour in 2007 with or without the project. The proposed mitigation would provide a
protected right turn overlap phase for westbound traffic during the southbound left-turn phase. This
is a minor revision to the signal design and will be incorporated into the capital project at this
location, which is scheduled to be in design in 2004. No mitigation will be required at this
intersection beyond pro-rata share contributions described in the Agreement.
44.
The intersection of 16th Avenue South at South 341 5t Place would fail the LOS standard during all
peak hours analyzed as a result of the project. The project would add 426 trips during the morning
peak hour, 344 trips during the afternoon peak hour, 99 trips during the evening peak hour, and 820
trips during the Sunday peak hour. Because of its proximity to the signalized intersection of 16th
Avenue South and SR 99, it is impractical to signalize this intersection to resolve the LOS failure.
45.
The EIS considered three alternatives to resolve the LOS failure at 16th Avenue South and South
341 5t Place. One assumes that the capacity restriction will resolve itselfby drivers rerouting to avoid
making the left-turn from westbound South 341 5t Place to southbound 16th Avenue South, by
rerouting to South 336th Street and SR 99 when leaving the site, called the "Capacity Constrained
Distribution" in the EIS. The second is to provide a connection between South 341 st Place and
South 344th Street, and use planned signalized intersections on South 344th Street at 16th Avenue
South and SR 99 to access these roadways. The third alternative considered is to prohibit
westbound left-turns from South 341st Place to southbound 16th Avenue South and accommodate D-
turns by constructing a roundabout at the intersection of SR 99 and 16th A yenue South. Based on
staff analysis, alternatives one and three are not recommended.
46.
The "Capacity Constrained Distribution" assumes that due to significant delays encountered when
attempting to make a westbound left-turn from S 341 Sl Place to 16th Avenue S, drivers would
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become frustrated and learn to use alternate routes. The EIS analysis assumed that most of these
trips would leave the site to the north onto S 336th Street, and most would head west on S 3361h
Street to SR 99 and turn left to 16th Ayenue S or continue straight on SR 99. Although no capacity
improvements appear warranted as a result of this assignment, staff has significant concerns about
the safety of the 16th A yenue S / S 341 5t Place intersection under this scenario. It has been the
City's experience that unsignalized intersections operating near capacity have a higher than average
collision rate. This is due primarily to increased driver frustration, leading to drivers choosing gaps
in opposing traffic that are inadequate to complete the maneuver safely. Therefore, this alternative
is not recommended.
47.
The roundabout alternative would provide adequate levels of service. In order to accommodate
planned traffic volumes, it would have a 3-lane roundabout with an inscribed diameter of 200 feet.
As SR 99 is a state highway, any intersection modifications would have to be approved by
WSDOT. To date, WSDOT has not approved any three-lane roundabouts on the state highway
system, and its historical reluctance to approve 2-lane roundabouts casts doubt as to whether this
would be a viable alternative at this time. In addition, a roundabout would need right-of-way on
both sides of SR 99, impacting developed properties on the east side of SR 99. Therefore, this
alternative is not recommended.
48.
Providing a connection between South 341 5t Place and South 344th Street reroutes traffic around the
intersection of 161h Avenue South and South 34151 Place, and takes advantage of a project planned
by the City to construct traffic signals on South 344th Street at 16th Avenue South and at SR 99.
49.
Potential locations to provide this connection between South 341 5t Place and South 3441h Street are
21 51 Avenue South and 18th Avenue South. Due to the presence of wetlands, three different
alignments for 21st Avenue South were considered in the EIS. An alignment along the existing
right-of-way would impact wetlands and result in two stream crossings; an alignment to the east
would cross the wetland at its narrowest width, but would still impact wetlands and result in two
stream crossings; and an alignment to the west would avoid impacting the stream and wetlands, but
would require right-of-way acquisition from the truck parking lot.
50.
Eighteenth Avenue South has continuous right-of-way, but is not a through street due to an existing
temporary berm. Eighteenth Avenue South provides a preferred alternative to 21 51 A venue South
due to the wetlands in the vicinity of the proposed 2151 Avenue South alignments and the
transitional nature of the residential neighborhood on 18th Avenue South. Pursuant to FWCC
Section 22-1477, the required right-of-way width may be modified by the Director of Public Works
to avoid right-of-way acquisition and lessen the impact to the neighborhood, and utility
undergrounding will not be required. Therefore, the applicant will construct 18th Avenue South as a
modified street section between the southern extent of the street improvements in Kits Comer
Business Park and South 344th Street.
51.
The rerouting of trips using this connection on 18th Avenue South would add 417 trips to the east
leg of South 344th Street east of 16th Avenue South, and 128 trips between 161h Avenue South and
SR 99 during the Sunday after service peak hour. Both of these intersections are currently
unsignalized. The addition of these trips would create LOS failure and safety issues associated with
unsignalized intersections operating oyer capacity. Staff has determined that these intersections
would not operate safely if the project's trips impacted these intersections prior to the completion of
the Transportation Improvement Plan (TIP) project scheduled for 2008 that would add left-turn
lanes on South 344th Street and signalize both intersections. Therefore, the applicant will construct
traffic signals at these intersections.
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52.
Staff analysis has determined that the project's trips meet warrants for left-turn lanes in the
westbound direction at both the intersections of SR99 and 16th A yenue Sand S 344th Street and 16th
Avenue S. Eastbound left-turn lanes may also be needed to line up lanes across the intersections
within allowable tapers, depending on the intersection geometries; this will be determined through
engineering plan review of these intersections. Although the EIS identifies impacts related to right-
of-way acquisition in order to provide full-standard improvements, it is not necessary to provide
full street improvements to mitigate the safety and LOS deficiencies at these intersections. The
applicant will be required to develop a design that mitigates the safety and LOS impacts while
minimizing right-of-way acquisition. The applicant will provide signalization and westbound left-
turn lanes necessary to assure the safe operation of these intersections in the interim. Signal
interconnect will also be provided between the two signalized intersections. The need for eastbound
and westbound left-turn lanes will be determined during engineering plan review. The requirement
for any of the left-turn lanes on South 344th Street may be waived by the Public Works Director if it
is determined that to do so would require right-of-way acquisition.
53.
The intersection of 16th Avenue South/Enchanted Parkway South (SR 161) at South 348th Street
(SR 18) fails the adopted LOS standard during the school afternoon peak and the Sunday peak with
or without the project. The project would add 150 trips during the school afternoon peak hour and
328 trips during the Sunday peak hour. The EIS identifies the construction of a second northbound
right-turn lane as a mitigation measure that would correct the LOS deficiency during the school
afternoon peak by improving the LOS from F to 0, and reducing the LOS deficiency significantly
during the Sunday peak hour by reducing the volume/capacity ratio from 1.24 to 1.04. This
mitigation measure is in addition to the project in the adopted 2004-2009 TIP, which would add a
third westbound left-turn lane and eastbound and westbound right-turn lanes. Based on the traffic
analysis for the EIS, in order to function without being blocked by queues in the through lanes, the
right-turn lanes would need to provide 550 feet of storage. Therefore, the applicant will pay
$350,000 to expand the scope of the City's existing project to add the construction of a second
right-turn lane with 550 feet of storage.
54.
WSDOT is proposing to construct a major revision to the 1-5/SR 18 interchange, which would
include access between SR 161 and 1-5 to and from the north. This would provide an alternative
route that would reduce traffic volumes through the intersection of SR 18 and SR 161. Therefore, it
is unknown at this time what intersection configuration will be needed over the longer term at SR
18 and SR 161. Consequently, the addition of through lanes northbound that would be needed to
meet the LOS standard in 2007 may not be needed after 2012.
55.
The intersection at 20th Avenue South at the south central site access fails the adopted LOS standard
during the Sunday after service peak as a result of the project. It is impacted by 1047 Sunday peak
hour trips. The EIS addressed four options for addressing the LOS failure: provision of a two-way
left-turn lane on 20th Avenue South, construction of a roundabout, signalization, and flaggIng the
driveway during peak hours. Provision of a two-way left-turn lane is recommended to
accommodate turning movement volumes, but does not fully mitigate the LOS deficiency. Left-turn
volumes from 20th Avenue South into the driveways are high enough that the two-way left-turn lane
would not be available for use as a refuge area for vehicles turning left from driveways onto 20th
Avenue South. Flagger control during the project's peaks would safely manage traffic only when it
is needed. CFC has proposed this option in the TMP. Given the low volumes of through traffic on
20th Avenue South during the project's peak hours of trip generation on Sundays, and the relative
lack of impacts by the use of flagger control compared to the other alternatives, flagger control is
the recommended mitigation for this location. The applicant will provide flagger control of this
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driveway during Sunday peak hours, subject to conditions of the Right-of-Way Activity Permit to
be issued by the Department of Public Works.
56.
The EIS suggests as a mitigation measure to minimize the intrusion of project-generated traffic into
residential neighborhoods to the north of the site an education program to influence route choices
by notices, announcements, and new member orientation used to educate driyers. Pursuant to
FWCP Policy TP5, the applicant will provide an ongoing education program to minimize traffic
intrusion into adjacent residential neighborhoods.
57.
The EIS discusses a broad range of traffic calming tools that might be used to discourage through
traffic from using 20th Avenue South north of the site, and to maintain reasonable speeds for a
residential neighborhood for those that do choose to use 20th A venue South. Based on the analysis
of the alternatives by staff, a through movement diverter is recommended and will be placed at the
intersection of 20th Avenue South and South 336th Street, and is intended to prohibit through
movements on 20th Avenue South across South 336th Street. All other movements at the intersection
would be permitted. The design will accommodate transit turning movements and full access for
emergency yehicles, making it possible that smaller vehicles could still driye around the diverter.
58.
Despite the diverter, some project-generated traffic may still be expected to use 20th Avenue South
to the north of the site. Therefore, there is still some need to discourage the use of 20th Avenue
South through traffic calming north of the site, even with the through movement diverter. Traffic
circles have been found by many agencies to significantly reduce intersection collisions and slightly
reduce midblock vehicle speeds. In order to be effective at reducing speeds and encourage yielding
behavior, deflection of the driver's path upon entry to the traffic circle is required. At a three-legged
intersection such as at South 332nd Street, additional pavement widening may be required to provide
for adequate deflection and provide positive guidance to the driver. In no case should additional
right-of-way be required. Pursuant to FWCP Policy TP5, the applicant will place the through
movement diverter at the intersection at South 336th Street, and yield-controlled traffic circles at
South 330th Street and South 332nd Street to reduce intersection collisions and midblock vehicle
speeds.
59.
Neighborhood Traffic Meetings were held June 3, 2004 and June 25, 2004 with the residents on
18th Avenue South to determine the best solution for improving 18th Avenue South. Based on the
discussions at the meetings, the residential segment of 18th A venue South will be improved to a
modified street section, consisting of 24 foot wide street with vertical curb and gutter, 5-foot
sidewalks and 2 additional street lights mounted on existing power poles. Traffic calming elements
will be installed, including two speed humps, 1 crosswalk, bulb outs at the intersection of 18th
A yenue Sand S 341 5t Street and 18th Avenue Sand S 344th Street to narrow the throat width of 18th
Avenue S to 20 feet, and street signage to address no through truck traffic, children playing, speed
humps, crosswalk and speed limit will be installed.
60.
The EIS discusses the potential adyantage of extending the code-required frontage improvements
on the south side of South 336th Street to provide pedestrian access to transit and the sidewalk
network on SR 99. The intersection of SR 99 and South 336th Street is served by Metro Route 182
and Pierce Transit Routes 402 and 500. The City's project on SR 99 will provide transit amenities
at the bus stops at this intersection. These improvements could be provided at little additional
expense and would connect to one of the best-served transit corridors in the City. Therefore,
pursuant to FWCP Policies TP62, TP65, and TP77, the applicant shall provide sidewalk on the
south side of South 336th Street to be extended from the west property line of the site to SR 99.
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61.
The EIS discusses the proyision of transit amenities such as shelters, benches, bus landing pads, etc.
as a potential mitigation measure. The site is served by Pierce Transit Route SO 1 at a bus stop
located on the south side of South 336th Street east of 20th A venue South, and a bus stop located on
the east side of 20th Avenue South north of South 336th Street. Sidewalks will be provided to the bus
zone by code-required frontage improvements on South 336th Street. Pursuant to FWCP Policies
TP62, TP65, and TP77, the applicant will provide a transit shelter (if requested by King County
Metro or Pierce Transit), shelter footing, litter receptacle pad, bus landing pad, and bench, designed
to King County Metro standards, located by City staff in consultation with King County Metro and
Pierce Transit staff on the north side of South 336th Street east of 20th Ayenue South, and on the
east side of 20th Avenue South north of South 336th Street. In addition, the sidewalk will be
extended on the east side of 20th Avenue South from the intersection of South 336th Street to this
latter bus zont;:. This will help mitigate increased vehicle trips from the project.
62.
The EIS addresses pro-rata share mitigation for impacts to capital projects listed on the City's TIP
based on the specific project generated trips. The calculation of pro-rata contributions is described
in the TIA Guidelines item VI.D. In general, the pro-rata contribution is the number of evening
peak project-generated trips divided by the total evening peak hour traffic with the project
multiplied by the estimated cost of the TIP project. Pursuant to FWCC Section 22-1475 and FWCP
Policy TP62, the applicant shall either construct the impacted TIP projects or pay $235,900 as a
pro-rata mitigation payment for impacts to projects in the 2004-2009 TIP, as identified in the
Agreement.
63.
The project impacts a capital project in unincorporated King County at the intersection of South
320th Street and Military Road S. Therefore, the applicant will pay King County $647 as a pro-rata
share mitigation payment for impacts to the County project.
64.
The development proposal includes signalization of the intersection of 20th A venue South and
South 336th Street. This intersection meets Manual on Uniform Traffic Control Devices (MUTCD)
warrants for signalization under existing conditions; thus the proposal is consistent with FWCC
Section 22-1476. The MUTCD also recommends that traffic signals within one-half mile of each
other be able to be coordinated. This intersection is one-quarter mile east of the signalized
intersection of SR 99 and South 336th Street. FWCP Map III-3 shows that these facilities were
planned to have signal communications available between them. Pursuant to FWCP Policy TP39,
the applicant will provide signal interconnect on South 336th Street between SR 99 and 20th Avenue
South.
65.
Based on the traffic analysis in the EIS, left-turn lanes on South 336th Street are warranted during
all weekday peak hours analyzed eastbound, and during all peak hours analyzed westbound. In
order to provide the left-turn lanes, the existing westbound shoulder could be restriped as a through
lane. However, this would eliminate the safe walking route for school children to reach a school bus
stop on 20th Avenue South from South Garden Court and Green Crest Villas condominiums.
Therefore, the applicant will provide continuous sidewalk improvements on the north side of South
336th Street between South Garden Court and Green Crest Villas to provide a safe walking route to
the bus stop.
66.
The TIA guidelines adopt the use of an article, Guidelines for Right- Turn Treatments at Signalized
Intersections, for detennining the need for right-turn lanes at signalized intersections. Based on the
traffic analysis in the EIS, right-turn lanes are warranted on all legs of the intersection of 20th
A venue South and South 336th Street. In conjunction with the through movement diYerter, no
through lanes on 20th A venue South would be required. Thus, no additional widening would be
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necessary on the south leg of the intersection. On the north leg of the intersection, the right-turn
lane would have to have a vehicle storage length of 175 feet to function effectively. A right-turn
lane on the west leg of the intersection would require additional right-of-way dedication from the
project, and would have to provide 100 feet of storage to function effectively. Per WSDOT Design
Manual Figure 910-14, right-turn lanes would also require 50-foot tapers. The applicant shall
construct improvements to the intersection of 20th Avenue South at South 336th Street that provide
signalization; signal interconnect on South 336th Street between SR 99 and 20th Avenue South; left-
turn lanes on all legs of the intersection and an eastbound right turn lane with 100 feet of storage; a
southbound right-turn lane that provides 175 feet of storage; the diverter island that would prohibit
through movements on 20th Avenue South. These improvements mitigate the project impacts by
providing adequate levels of service at the intersection, while discouraging project-generated traffic
from impacting residential neighborhoods north of the site.
67.
Based on the traffic analysis in the EIS, under the worst case queuing, the westbound left-turn lane
at the intersection of SR 99 and South 336th Street would need a storage length of 450 feet. The
existing storage available is 100 feet. The increase in storage length, combined with associated
tapers per WSDOT Standard Plan H-3, would overlap the taper necessary to accommodate the left-
turn lane at the site driveway onto South 336th Street. Therefore, pursuant to FWCC Section 22-
1475, the applicant will provide a continuous left-turn lane between SR 99 and 20th Avenue South.
68.
New traffic signals are proposed at the intersections of 20th Avenue South at South 336th Street, 16th
Avenue South at South 344th Street, and SR 99 at South 344th Street. In addition, the proJcct would
significantly alter travel patterns before and after Sunday services. New signal coordination timing
plans would need to be developed to accommodate safe and efficient travel in the project vicinity.
Pursuant to FWCP Policy TP39, the applicant will develop timing plans for Sunday peak hours of
the development at SR 99 at South 324th Street, SR 99 at South 330th Street, SR 99 at South 336th
Street, 20th Avenue South at South 336th Street, 16th Avenue South at SR 99, 16th Avenue South at
South 344th Street, and SR 161 at SR 18.
69.
Transportation mitigation provided in the Development Agreement is consistent with goals and
policies contained in the FWCP Transportation Chapter, including TP5, TPIO, TP14, TP16, TP20,
TP21, TP23, TP30, TP38, TP39, TP45, TP47, TP62, TP65, and TP77.
70.
FWCC Section 22-1671 sets out factors to be considered for a development agreement. The City
may consider, but is not limited to, the following factors when considering a development
agreement: 1) compatibility with and impact on adjacent land uses and surrounding neighborhoods;
2) adequacy of and impact on community facilities including utilities, roads, public transportation,
parks, recreation, and schools; 3) potential benefits of the proposal to the community; and 4) effect
upon other aspects of the comprehensive plan.
71.
Development of the site in accordance with all adopted City codes, policies, regulations, conditions
of approval, and mitigation contained in the Development Agreement, will address project-related
impacts and ensure compatibility with adjacent land uses and surrounding neighborhoods.
Transportation impacts to surrounding neighborhoods will be addressed by code-required street
frontage improvements and mitigation established in the development agreement, including
additional street and sidewalk connections; a new street through the site; traffic calming measures
such as traffic circles and island diverters; signalization; transit shelter improvements; signal timing
plans; traffic management plan; and operational parameters governing use of the site. Conditions of
the Hearing Examiner's Process IV decision will ensure that project-related impacts to on site
wetlands, streams, and buffers are addressed. Mitigation in the Development Agreement pertaining
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to clearing, grading, and landscaping, will further address construction and development-related
impacts. The Director's Design Decision also ensures quality design standards and project
aesthetics for compatibility with surrounding neighborhoods. Additionally, the use of the property
as a church and school is more compatible with the surrounding neighborhoods than the types of
uses allowed under BP zoning. Therefore, development of the site in accordance with all adopted
City codes, policies, regulations, and conditions of approval, and mitigation contained in the
Development Agreement is compatible with, and will not adversely impact, adjacent land uses and
surrounding neighborhoods.
72.
Development of the site in accordance with all City codes, policies, and regulations and conditions
of approval and mitigation contained in the Development Agreement will ensure adequacy of, and
address impacts to, community facilities including roads, public transportation, parks, recreation,
and schools. Potential transportation-related impacts to adjacent street and the City transportation
system were considered in the EIS. Mitigation for these impacts included in the Development
Agreement, pursuant to City Code and the EIS, includes system improvements such as construction
and dedication of 20th Avenue South through the site, connecting and improving 18th Avenue South,
frontage improvements, signalizing of intersections, and traffic calming measures and transit
improvements. Driveway and street access to the site was reviewed and deternlined to be at the
optimal location and configuration, subject to the City's adopted design standards and street plans.
The recreational needs of the school and day care students will be met on site by the code-required
outdoor play areas, and the play field. The minimum amount of outdoor play area included in the
Development Agreement meets and exceeds the requirements of the City of Federal Way and the
State Superintendent of Public Instruction. In addition, users of the site may utilize City parks in the
area. Any such use is expected to be small. The proposed development contains a private school.
73.
The proposed church and school are expected to generate employment opportunities and potential
economic and social benefits. Based on information provided by CFC, it would employ 120
employees. CFC hosts several major conferences each year, including the Vision Conference
attracting 2,500 - 3,000 visitors each March, and a women's conference attracting approximately
2,000 visitors each November. CFC also participates in foreign exchange programs and estimates
approximately fifteen to twenty percent of its students are from foreign countries. Employees,
members of the congregation, and others who come for services, meetings, and school, may also
patronize local merchants and service providers such as retail, restaurants, hotels, and
entertainment. Therefore, more economic benefit would be anticipated than is currently generated
by the existing vacant site. Additionally, CFC proposes several commercial activities on the site,
including latte stands and bookstores, which are expected to generate revenue. As proposed and as
required, the project will construct needed right-of-way improvements on and off site, including a
new fully-improved City street through the site; street frontage improvements including curbs,
gutter, sidewalk, street trees, street lights, and a bike lane; and other street improvements identified
in the Development Agreement. Such improvements will promote safe and effective vehicle and
pedestrian circulation on the site and in the immediate vicinity. In addition, the project will convert
a large, vacant site that has historically been unused to a development that meets all City code
requirements for landscaping, lighting, pedestrian amenities, site surveillance, and architectural
design principles. CFC will provide educational opportunities through a school and college. It will
provide recreation fields and a venue for special events within the City. Conditions contained in the
Development Agreement will ensure mitigation of adverse impacts to on-site environmentally
sensitive areas resulting from the development. Also, religious organizations typically operate or
participate in various local social service-related programs such as food and clothing banks, Youth
programs, and counseling, from which the community may benefit. Therefore, development of the
site in accordance with all City codes, policies, regulations, and conditions of approval and
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mitigation contained in the Development Agreement will provide potential benefits to the
community.
74.
Development of the site in accordance with all City codes, policies, and regulations and conditions
of approval and mitigation contained in the Development Agreement will have no negative impact
upon any other aspects of the comprehensive plan. The vision of the FWCP is to provide a supply
of land for such uses as services, employment, parks, open space, and housing to meet future
demand. If developed as proposed, the Project will provide land for services, employment, and
recreational areas. The BP zone is that zone intended for industrial uses including manufacturing
and warehousing. The July 2000 Market Analysis concluded that there would be a low demand for
BP-zoned land. Therefore, the reduction in BP zoned land, resulting from changing the designation
of this site from Business Park to Multiple Family will not affect the vision of the comprehensive
plan.
75.
FWCC Sections 22-529 (incorporating 22-448(c) by reference) and 22-530 set forth the factors that
may be considered for a site-specific comprehensive plan amendment and associated rezone, and
the criteria for such amendments. The City may consider, but is not limited to, the following factors
when considering a proposed amendment to the comprehensive plan: the effect upon the physical
environment; the effect on open space, streams, and lakes; the compatibility with and impact on
adjacent land uses and surrounding neighborhoods; the adequacy of and impact on community
facilities including utilities, roads, public transportation, parks, recreation, and schools; the benefit
to the neighborhood, City, and region; the quantity and location of land planned for the proposed
land use type and density and the demand for such land; the current and projected population
density in the area; and the effect upon other aspects of the comprehensive plan. In order to
encourage efficient and desired development and redevelopment of existing land designated and
zoned for various types of commercial uses, when considering proposals for comprehensive plan
amendments and rezones from one commercial designation to another, the City will consider
development trends in commercially zones areas, market demand for various types of commercial
land, and amount of vacant commercial land. For site-specific comprehensive plan amendments, the
provisions of FWCC Section 22-488(c) shall also apply.
76.
FWCC Section 22-488 established the following rezone criteria that must be considered. The
proposed rezone is in the best interest of the residents of the City; and the proposed rezone is
appropriate because either: 1) conditions in the immediate vicinity of the subject property have so
significantly changed since the property was given its present zoning and that, under those changed
conditions, a rezone is within the public interest; or 2) the rezone will correct a zone classification
or zone boundary that was inappropriate when established; it is consistent with the comprehensive
plan; it is consistent with all applicable provisions of the chapter, including those adopted by
reference from the comprehensive plan; and it is consistent with the public health, safety, and
welfare; and the proposed project complies with this chapter in all respects; and the site plan of the
proposed project is designed to minimize all adverse impacts on the developed properties in the
immediate vicinity of the subject property; and the site plan is designed to minimize impacts upon
the public services and utilities; and the rezone has merit and value for the community as a whole.
77.
The requested comprehensive plan amendment and rezone, trom BP to RM 3600, would not in
itself affect the physical environment if approved. It would result in changes to the comprehensive
plan map and zoning map. Pursuant to the proposed Development Agreement, development of the
site would be limited to two buildings with associated parking and recreational and athletic fields.
One building would consist of a church sanctuary, school auditorium, and approved accessory uses,
and the other building would be used as a private school. An evaluation of potential impacts to the
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physical environment as a result of the development of the site as proposed was conducted in an
EIS. If the property is developed in accordance with all applicable adopted City codes, policies,
regulations, and mitigation contained in the proposed Development Agreement, impacts to the
physical environment will be mitigated.
78.
The site contains environmentally sensitive areas, as studied in the EIS, including regulated
wetlands and streams and their buffers. The Hearing Examiner has approved certain intrusions into
these areas, subject to City Council decisions on the comprehensive plan amendment, rezone,
development agreement and development plan, in order to construct the project as proposed.
Actiyities approved by the Examiner include filling a Category III wetland and its buffer, and
related mitigation including a created wetland and additional buffer area in and adjacent to a
Category II wetland on the site. Additional intrusions into wetland and stream buffer were approved
in order to accommodate an access road and construct required right-of-way and related
improvements including pavement widening, retaining walls, and extending stonn pipes and stream
culverts. Construction of the site in accordance with all conditions of the Hearing Examiner's
decision will result in no net loss of wetlands and wetland buffers and stream buffers. In addition,
pursuant to the Hearing Examiner's conditions of approval, all on site wetlands, streams, and their
required buffers will be set aside and recorded as Native Growth Protection Easements or Tracts
and pennanently protected from any future land modifications or intrusions. In addition, the
Development Agreement establishes mitigation pertaining to surface water drainage detention and
water quality treatment that meets and exceeds code requirements. No lakes are present on the site.
If the property is developed in accordance with all applicable adopted City codes, policies,
regulations, and mitigation contained in the Hearing Examiner Decision and proposed Development
Agreement, impacts on open space, streams and lakes will be mitigated.
79.
The request for a change in comprehensive plan designation and zoning from BP to RM 3600
zoning (one unit per 3,600 square feet) is accompanied by a proposed Concomitant Agreement and
Development Agreement, which contains a variety of mitigation measures related to site use and
operation, transportation, parking, landscaping, and surface water drainage, designed to ensure
compatibility with adjacent land uses and surrounding neighborhoods. In addition, rezoning the site
from industrial to multifamily with a church and school development would be more compatible
with residentially-zoned properties in the area than uses that may develop under the current
industrial zoning, such as a warehousing facility with associated truck traffic. If the property is
developed in accordance with all applicable adopted City codes, policies, regulations, and
mitigation contained in the proposed Development Agreement, the deyelopment will be compatible
with adjacent land uses and surrounding neighborhoods, and impacts on adjacent land uses and
surrounding neighborhoods will be mitigated.
80.
Development of the site as proposed, in accordance with all applicable codes, policies, regulations,
conditions of approval, and mitigation measures contained in the Development Agreement, will
ensure the adequacy of, and mitigate impacts on, roads, public transportation, parks, recreation, and
schools.
81.
The July 2000 Market Analysis concluded that there would be only an 11 to 13 percent demand for
BP-zoned land in the 2000 to 2020 period. Therefore, it is possible tl~at this land would not develop
for BP uses in the near future. Conversion of the vacant site trom vacant property, which is unlikely
to develop in the near future, to a developed site as proposed, in accordance with all applicable
codes, policies, regulations, conditions of approyal, and mitigation measures contained in the
Development Agreement, will be a benefit to the neighborhood, City, and region.
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82.
Due to the size of its existing congregation, school, and accessory uses such as administrative
offices, Dominion College, day care, and future projections for growth, the CFC would like to
locate on an approximate 50-acre parcel. Based on a survey of the King County Assessor's records
conducted by City staff, there are only two vacant parcels in the City that are 25 acres or more in
size. One of these is the parcel under discussion and the other one is the subject of Kits Corner
request, located south of South 336th Street and west of Pacific Highway. The July 2000 Market
Analysis concluded that there would be only an 11 to 13 percent demand for BP-zoned land in the
2000 to 2020 period. Therefore, it is possible that this land would not develop for BP uses in the
near future and a comprehensive plan change and rezone to multiple family zoning and
development of the site as proposed, in accordance with all applicable codes, policies, regulations,
conditions of approval, and mitigation measures contained in the Development Agreement, will
provide the quantity and location of land necessary for the proposed land use, density, and demand
for such use.
83.
If this site were developed today as warehousing under the existing BP zoning, it would generate
approximately 268 employees. Based on infonnation provided by the CFC, if the request for a
multiple family designation was granted, and the facility was constructed as proposed, it would
employ 120 employees. If the comprehensive plan and rezone is approved pursuant to the proposed
Concomitant Agreement and Development Agreement, the use of the site is limited to the proposed
church and school and pennitted accessory uses, and it will not generate housing units. Rezoning of
this site to allow development as a church and school will not impact the City's ability to meet
required housing targets mandated under the Growth Management Act (GMA). Therefore, the
proposal will not impact CUfTent and projected population density in the area.
84.
There will not be any adverse impacts upon any other aspect of the comprehensive plan as a result
of the proposed change from industrial zoning to multifamily zoning, pursuant to an approved
Concomitant Agreement and Development Agreement. The vision of the comprehensive plan is to
provide a supply of land for such uses as services, employment, parking, open space, and housing,
to meet future demand. The BP zone is that zone intended for industrial uses, including
manufacturing and warehousing. One of the reasons that the July 2000 Market Analysis was
prepared was to detennine whether the City has a 20-year supply of adequately zoned land to meet
future demand. The Market Analysis concluded that there would be a low (11-13 percent) demand
for BP-zoned land within the 20-year horizon. Therefore, changing the designation of this site from
BP to multiple family will not affect the vision of the comprehensive plan of providing an adequate
supply of land to meet future demand.
85.
As described Findings 77 through 84 above, the requested comprehensive plan amendment and
rezone as mitigated does not adversely impact the physical or natural environment; surrounding
properties; the adequacy of community facilities; population; or the comprehensive plan; including
the supply of and demand for BP-zoned property in the City. Therefore, the rezone is in the best
interests of the residents of the City.
86.
The City of Federal Way incorporated in February 1990. At that time, the parcels proposed for
development by CFC had a mix of multi-family zoning on the west and light manufacturing zoning
on the east. Upon incorporation, the City of Federal Way zoned the parcels Manufacturing Park
(MP). This was changed to Business Park (BP) in 1995. Properties to the north across South 336th
Street have developed as multi-family in recent years. However, very little BP zoned land has
deyeloped in this area. Additionally, the July 2000 Market Study found that there would be only an
11 to 13 percent demand for BP-zoned land in the 2000 to 2020 period. As a result, rezoning this
property is appropriate and in the public interest, to allow its development rather than remaining
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Yacant, while at the same time maintaining an adequate supply of industrial zoned property to meet
the anticipated demand.
87.
The criterion that the rezone will correct a zone classification or zone boundary that was
inappropriate when established is not applicable.
88.
The requested rezone £Tom BP to RM-3600 does not conflict with the vision of the comprehensive
plan to accommodate industrial uses, such as warehousing and manufacturing, in BP zones located
on both sides of SR-99 in the vicinity south of South 336th Street, with other BP nodes located
around South 272nd Street and South 348th Street. As noted in Finding 84 above, the requested
comprehensive plan change and rezone will not decrease the City's supply of BP-zoned property
commensurate with the anticipated demand. Rezoning and development of the site pursuant to all
applicable adopted City codes, policies, regulations, conditions of approval, and mitigation
contained in the proposed Development Agreement, will ensure consistency with the
comprehensive plan.
89.
If the request is granted, use and development of the site must comply with all applicable provisions
of this "chapter" (FWCC) and all applicable adopted regulations; Process IV conditions of
approval; mitigation; and the FWCP. Furthermore, a comprehensive plan amendment from BP to
multiple family and associated rezone is required for the property to be developed as a church and
school. Therefore, the requested rezone, if approved and developed pursuant to all applicable
adopted City codes, policies, regulations, conditions of approval, and mitigation contained in the
proposed Development Agreement, will be consistent with the comprehensive plan and the
"chapter".
90.
The requested comprehensive plan amendment and rezone has been analyzed and determined to be
consistent with the FWCC and adopted regulations; and the FWCP, and is therefore consistent with
the public health, safety, and welfare.
91.
Based on Findings 86 through 90, the criteria in FWCC Section 22-488(c)(1)a-e) are met.
92.
The proposed development has been reviewed pursuant to all applicable provisions of this chapter
(FWCC), and as proposed and as conditioned, it complies with this chapter in all respects.
93.
The use of a Concomitant Agreement and Development Agreement enables the City to limit the use
of the site to a church, school, and approved accessory uses. As described in Findings 77 through
84, the Development Agreement has been crafted to minimize adverse impacts on the deyeloped
properties in the immediate vicinity. Examples include, but are not limited to, requiring a larger
buffer along South 336th Street, limiting the enrollment of the school and Dominion College, and
restricting the scheduling of activities, such as requiring school classes to be completed by 3:30
p.m. and not scheduling special events that add trips during peak hours of other uses. The site plan
of the proposed project is designed to minimize all adverse impacts on the developed properties in
the immediate vicinity of the subject property.
94.
All public services and utilities are available and adequate to serve the proposed development.
Lakehaven Utility District has provided Certificates of Water and Sewer Ayailability for the site,
and will provide these services pursuant to developer extension agreements between the applicant
and District. Fire and emergency medical services will be provided by the Federal Way Fire
Department. A City-operated regional storm drainage detention pond located in the northwest
portion of the site has been determined to have sufficient capacity to accommodate surface water
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drainage from the westerly sub-basin of the proposed deyelopment. The applicant will provide
stonn drainage detention facilities for the easterly sub-basin on the site in accordance with the
FWCC and Development Agreement. Surface water drainage mitigation contained in the
Development Agreement provides a higher standard of water quality treatment for both the East
and West Sub-basins on the site, and a higher standard of detention on the East Sub-basin, than
would otherwise be required by code. The site plan is designed to minimize impacts upon public
services and utilities.
95.
Rezoning of this site from BP to multiple family has merit and value for the community as a whole
because it will allow development of a site that has not yet been developed and may not develop
under the current zoning based on the City's Market Analysis, it supports Growth Management Act
goals and policies for urban development, and for the reasons stated in Finding 73.
96.
The proposed comprehensive plan amendment has been analyzed and detennined to be consistent
with the FWCC and FWCP, and therefore bears a substantial relationship to public health, safety, or
welfare.
97.
The requested comprehensive plan amendment, rezone, and development of the site as a church and
school pursuant to the proposed Development Agreement, is expected to generate some benefits to
the community, including employment opportunities, development of a previously undeveloped
site, potential economic benefit to local shopping areas, restaurants, and hotels; and provision of
social services such as food and clothing banks, and youth programs, and counseling programs, as
discussed in Finding 73. Therefore, the proposed amendment is in the best interest of the residents
of the City.
98.
RCW Chapter 36.70A, the Growth Management Act, requires the City of Federal Way to adopt and
implement a comprehensive plan and to amend it in a timely manner, but no more than once a year,
except under certain circumstances. The City is responding to this mandate by updating the
comprehensive plan. FWCP Page IV - 7 (Economic Development), recognizes that there has been no
substantive BP development since the City's incorporation, which suggests the influence of market
forces outside of the City limits, where cheaper land and established industrial parks act as a draw
for prospective park development. Therefore, the change in comprehensive plan designation and
zoning of this site from BP to multiple family will not reduce the supply of BP-zoned property
below what is necessary, and will enable development consistent with the economic development
vision in the plan. The proposal is consistent with FWCP Economic Development Policies EDPll,
EDP22, and EDP23, related to bringing in new jobs to the community, developing cultural and
recreational opportunities, and encouraging the development of new multi-purpose facilities in
order to increase the number of visitors to Federal Way and resultant visitor spending. The
proposed amendment is, therefore, consistent with the requirements of RCW 36.70A and with the
portion of the City's adopted plan not affected by the amendment.
99.
As addressed in the staff report, the proposed comprehensive plan amendment and rezone have
been reviewed and detennined to be consistent with all applicable decisional criteria contained in
the FWCC, and with the applicable goals and policies contained in the FWCP.
100. As addressed in the staff report, the Development Agreement and Development Plan have been
reyiewed and detennined to be consistent with all applicable decisional criteria contained in the
FWCC, and with the applicable goals and policies contained in the FWCP.
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