2010-09-30 HEX# 10-007 Final DecisionOctober 8, 2010
Carol A. McNeilly, CMC
City Clerk
City of Federal Way
P. O. Box 9718
Federal Way WA 98063-9718
DEN
MUUI-IY
WALLACE
P L L c
A T T O It N. E Y S A T
L A W
D
OCT 12 2010
City Clerk's (]fffce
C' of Federal Wa
N. Kay Richards
Legal Assistant
206.447.2231
ichards@omwlaw.com
Re: St. Luke's Lutheran Church Master Land Use Application, 10-100599-00-UP
Dear Carol:
At the request of Phil Olbrechts, enclosed is the executed Decision in the above -referenced
matter along with a Declaration of Mailing.
Very truly yours,
OGDEN MURPHY WALLACE, P.L.L.C.
it,,'-) /
N. Kay Richards, Legal Assistant to
Phil Olbrechts
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Enclosures
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{PA0827383.DOC;1\13041.900000\ }
BEFORE THE HEARING EXAMINER FOR THE CITY OF FEDERAL WAY
Phil Olbrechts, Hearing Examiner
RE: St. Luke's Lutheran Church
Master Land Use Application FINDINGS OF FACT, CONCLUSIONS OF
LAW AND DECISION
10-100599-00-UP
INTRODUCTION
The applicant requests Process IV approval for additions to a church comprised of a 14,000
square foot, 2-story classroom building, 600 square foot storage/sprinkler room addition, 320
square foot entry addition to the southern elevation, new 3,100 square foot paved courtyard, and
associated site improvements. The Hearing Examiner approves the application.
ORAL TESTIMONY
David Lee, City Planner, presented the staff report and admitted a powerpoint presentation as an
additional exhibit. He noted that all traffic issues had been resolved in the recommended
conditions of approval. The applicant and the applicant's architect noted that the project would
not increase the number of people attending church functions over the weekend, but would rather
provide more space for church programs. A representative of an adjoining church spoke in favor
of the application.
EXHIBITS
Exhibit A: Vicinity Map
Exhibit B: Master Land Use Application
Exhibit C: SEPA DNS
Exhibit D: Parking Study Prepared by Gibson Traffic Consultants, stamped "Resubmitted"
June 4, 2010
Exhibit E: Approved Plans, Stamped "Approved Planning" signed/dated September 1, 2010
Exhibit F: Director's Design Decision Dated September 1, 2010
Exhibit G: Capacity Reserve Certificate Signed September 20, 2010
Exhibit H: PowerPoint
Exhibit I: Staff Report, prepared by Associate Planner David Lee, dated September 15, 2010
FINDINGS OF FACT
Procedural:
1. Applicant. The applicant is Community of Christ.
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St. Luke's Lutheran Church Addition P. 1 Findings, Conclusions and Recommendation
2. Hearing. The Hearing Examiner conducted a hearing on the application at 1:30 p.m. at
Federal Way City Hall on September 30, 2010.
Substantive:
3. Site/Proposal Description. The proposal is for an addition of a 14,000 square foot, 2-
story classroom building, 600 square foot storage/sprinkler room addition, 320 square foot entry
addition to the southern elevation, new 3,100 square foot paved courtyard, and associated site
improvements to an existing church.
The subject property was originally improved in 1964 prior to the incorporation of the
City of Federal Way and is comprised of four separate tax parcels totaling 18.15 acres. The site
is generally flat with the existing built environment totaling 55,098 square feet of gross floor
area.
4. Characteristics of the Area. The property is surrounded by land uses consisting of a mix
of other church uses and single-family residential developments.
5. Adverse Impacts. The responsible official issued SEPA DNS on July 31, 2010, and no
comments were received. The subject property is within the lower Puget Sound drainage basin.
There is also a Category III wetland with an associated 50-foot buffer existing in the southeast
corner of the site. Neither the wetland nor its associated buffer is encroached upon by the
proposed improvements. In regard to traffic impacts, the improvements will not significantly
increase traffic during peak weekend services, but rather, will provide more space for programs
and other activities for persons already attending weekend services. 8 additional peak traffic
hour trips are associated with the additions, and will be mitigated by a pro-rata contribution for
off -site road improvements. The conditions of approval also require road widening of the
adjoining access road. As conditioned, the project will not create any significant adverse
impacts.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner: Chapter 19.70 of the Federal Way Revised Code
provides the Examiner with the authority to conduct a hearing and issue a decision on Process IV
Reviews.
2.
Substantive:
3. Zoning Designation: RS 7.2.
4. Review Criteria and Application. FWRC 19.15.030(3) provides that improvements to a
developed site that are not SEPA exempt shall be subject to the applicable process designated in
the use zone chart. FWRC 19.20.050, the use zone chart, requires Process IV review for
churches in the RS zone. FWRC 19.70.150(3) governs criteria for Process IV review, which is
quoted in bold italics below.
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St. Luke's Lutheran Church Addition p. 2 Findings, Conclusions and Recommendation
The city may grant the variance only if it finds all of the following:
Hearing Examiner Review Process IV Decisional Criteria, FWRC 19.70.150(3)(a):
It is consistent with the comprehensive plan.
5. The proposal is consistent with the comprehensive plan as discussed at pages 7-8 of the
staff report, which is incorporated by reference as if set forth in full. The criterion has been met.
Hearing Examiner Review Process IV Decisional Criteria, FWRC 19.70.150(3)(b):
It is consistent with all applicable provisions of this chapter and all other applicable laws.
6. The Process IV request has been subject to thorough staff review and nothing in the
record suggests any compliance issues. In particular, the project has been reviewed under SEPA;
the FWCP; all provisions of FWRC including Title 14 "Environmental Policy", Title 16 "Surface
Water Management" and Title 19 "Zoning and Development Code" and is consistent with all
applicable provisions and laws, provided all recommended conditions of approval are met. The
criterion is met.
Hearing Examiner Review Process IV Decisional Criteria, FWRC 19.70.150(3)(c):
It is consistent with the public health, safety, and welfare.
6. The improvements will increase the service capacity of the church while at the same time
not creating any noticeable increase in traffic or other adverse impacts. There were no objections
raised against the proposal by the public or staff. Staff conducted a thorough review of the
project and has recommended mitigation that addresses any potential adverse impacts (in
particular road widening and monetary contributions for off -site traffic improvements). As
conditioned, the project creates no significant adverse impacts while improving the ability of the
church to provide a community service. Given these circumstances, the project is consistent with
the public health, safety and welfare.
Hearing Examiner Review Process IV Decisional Criteria, FWRC 19.70.150(3)(d):
The streets and utilities in the area of the subject property are adequate to serve the anticipated
demand from the proposal.
7. No significant adverse transportation impacts were identified by the City in the
concurrency analysis or DNS issued for the proposed action. The Traffic Division issued a
Capacity Reserve Certificate (Exhibit G) signifying the City's transportation level of service will
not decline due to the proposed development. Lakehaven Utility District indicated that only new
service connections will be required for the proposed addition, and that no existing Lakehaven
water and sewer facilities will be affected by the proposed land use action now will any new
Lakehaven water/sewer facilities be required. The criterion has been met.
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St. Luke's Lutheran Church Addition p. 3 Findings, Conclusions and Recommendation
Hearing Examiner Review Process IV Decisional Criteria, FWRC 19.70.150(3)(e):
The proposed access to the subject property is at the optimal location and configuration for
access.
8. The existing vehicle access points will remain per street modification approval granted by
the Public Works Department. In this situation the access point is optimal because it doesn't
involve creating any new access points, thereby creating further traffic disruption. The subject
property is adjacent to and has Access points to a principal arterial (South 3121h Street) and a
minor collector (6th Avenue South), electing FWIZC 19.200.050 Note 4 requirement that a
church be located adjacent to a collector or arterial right of way. Pedestrian access will be
provided via delineated stamped concrete walkway on the two street frontages. As such, this
criterion has been satisfied.
DECISION
The Hearing Examiner approves the proposed application with the following conditions:
1. The applicant shall install the traffic improvements identified in the Section IX
Transportation of the staff report, including the execution of statutory warranty deeds for
all required conveyances.
2. $28,122.00 in pro-rata share contributions (traffic mitigation fee) shall be paid prior to
building permit issuance
Dated this 8th day of October 2010.
Phil Olbrechts
Hearing Examiner
City of Federal Way
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St. Luke's Lutheran Church Addition p. 4 Findings, Conclusions and Recommendation
DECLARATION OF MAILING
St. Luke's Lutheran Church Master Land Use Application
10-100599-00-UP
I, N. Kay Richards, make the following declaration:
1. I am a resident of the State of Washington, over the age of 18 years, not a
party to this action, and competent to be a witness herein.
2. On the 8th day of October, 2010, I mailed, via First Class U.S. Mail, a true
and correct copy of the Findings of Fact, Conclusions of Law and Decision, and this
Declaration of Mailing to the following:
Community of Christ
515 South 312th Street
Federal Way, WA 98063
Robert Rowan
BPH Architects
19624A 76th Avenue West
Lynnwood, WA 98036
I declare under penalty of perjury under the laws of the State of Washington that
the foregoing is true and correct.
EXECUTED at Seattle, Washington, this 8th day of October, 2010.
i
N. fKay Richar s
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