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LUTC PKT 04-01-1996 ~ City of Federal Way City Council Land Use/Transportation Committee A pri I I, 1996 5:30 pm City Hall Council Chambers AGENDA 1. CALL TO ORDER 2. APPROV AL OF MINUTES 3. PUBLIC COMMENT (3 minute limit) 4. BUSINESS ITEMS A. St. Luke's Lutheran Church Master Plan Action Barker/l0 min B. FEMA Resolution to join National Flood Insurance Program Action PrattlS min C. Non Residential Code Revisions/ Design Guidelines Action Michaelson-Schill 5. OTHER ITEMS 6. FUTURE MEETINGS/AGENDAS 7. ADJOURN Committee Members: Phil Watkins, Chair Ron Gintz Mary Gates City Staff: Greg Moore, CDS Director Sandy Lyle, Administrative Assistant 661-4116 City of Federal Way City CouJlcil . Land Use/Transportation .Cømmittee March 18, 1996 5:30pm City Hall Council Chambers SUMMARY In attendance: Committee members Phil Watkins (chair), Ron Gintz, Mary Gates; Deputy City Manager Philip Keightley; Community Development Services Director Greg Moore; Public Works Director Cary Roe; Assistant City Attorney Jim McNamara; Assistant City Attorney Assistant Bonnie Lindstrom; Surface Water Manager Jeff Pratt; Street Systems Manager Ken Miller; Administrative Assistant Sandy Lyle. 1. CALL TO ORDER The meeting was called to order at 5:30pm. 2. APPRO V AL OF MINUTES The minutes of the March 4, 1996, meeting were approved as presented. 3. PUBLIC COMMENT There was no public comment on any items other than those included in the agenda. 4. BUSINESS ITEMS A. FEMA Emergency Reimbursement - The flooding that occurred in King County between January 26 and February 23, 1996, has resulted in a Presidential Emergen'Y Declaration (EDlloo), signed on February 9, 1996. Federal Way is eligible to recover up to $70,000 of the flood related expenditures during this period of time. The Committee authorized staff to pursue Federal and State Emergency Disaster Funding by approving the Resolution designating the Public Works Director as the City's Agent; Disaster Assistance Application; Agreement between Washington State Emergency Management and the City of Federal Way; and forward these documents to the April 2, 1996, City Council meeting for approval. B. 1996 Streets Asphalt Overlay - The recommended projects for the 1996 Asphalt Overlay Program include the following: Emmett's Area First Avenue South South 320th Street 10th Avenue South South 336th South 5th Avenue South Campus Drive Southwest $132,196 $60,935 $217,602 $82,144 $58,714 $136,032 $106,111 The budget for the 1996 Asphalt Overlay Program is $725,000, less $40,000 associated with the Streets Engineer position. The above cost of $793,754 is a preliminary figure and the contract will be awarded within budget. Due to the complexity of the work on First Avenue South, an additional $20,000 will be transferred from the street operating budget (small works) to the Asphalt Overlay account. The committee mls/c approval of the list of streets for the 1996 Asphalt Overlay Program, authorized staff to bid the project (bids to be brought back to Committee and Council prior to award of contract), and authorized transfer of $20,000 from the small works budget to the Asphalt Overlay account to complete the widening project on First Avenue South. The 1996 Asphalt Overlay Project will appear on the April 2, 1996, City Council agenda for review and approval. C. Metro Bus Zone Improvements - The Committee recommended approval of the Central Puget Sound Public Transportation Account (CPSPT A) grant for improving accessibility Citywide. Construction will include new wheelchair ramps, sidewalk widening and sidewalk repair. The grant amount is $134,000, with a local match of $22,000 and a METRO match of $44,000, for a total project amount of $200,000. Improvements are scheduled preliminarily at various locations along the bus routes on 21st Avenue Southwest, Southwest 320th Street, South 320th Street, South 348th Street, and Pacific Highway South. The City Manager was authorized to execute the Interloca1 Agreement with METRO for the bus zone sidewalk improvements. Also authorized was appropriation of $22,000 remaining in the 16th Avenue South Street Improvement Project which was constructed in 1993. Committee recommendation was forwarded to the City Council for the April2, 1996, meeting agenda for review and approval. D. The 1997 South King County Transit Proiect - The 1997 South King County Transit Project will cover the southern portion of South King County. The remainder of King County will be completed in 1998. The Renton area is currently completing its local planning process. Based on experience gained in the Renton project, formation of a Sounding Board representing a diversity of local interests such as business owners, geographic and neighborhood representation, transit dependent individuals, unincorporated areas, students, elderly, commuters, social services agencies, schools, etc. A key task of the Sounding Board is to make written recommendations on the service change package. Sounding Board members may also participate with planning and staffing the public outreach process. The school district is especially interested in the METRO bussing plan for schools in 1997. Metro expects to send letters that invite nominations for the Sounding Board to all local elected officials in the near future. A staff member or elected official will be the local contact for the process. It is hoped that eight to ten people will be nominated. METRO staff will ensure that regular reports are delivered to the appropriate City elected officials throughout the process. METRO will request formal City review of the service change recommendations and will invite the Sounding Board to present reports on their process and recommendations to City elected officials. 5. OTHER ITEMS Chair Watkins mentioned a letter received by him and other Council members regarding the frustration of John E. Longthorne, 2504 SW 347th Street, regarding code compliance issues which exist at 2632 SW 347th Street. The letter was referred to the City's Code Compliance Division. 6. FUTURE MEETINGS/AGENDAS The next meeting was scheduled for April 1, 1996. Non-residential ~ode amendments will be reviewed at this and the subsequent two meetings before a Committee of the Whole. The meeting will begin with general discussion and a presentation by consultants on codes and design. Meeting #2 on Apri115, 1996, will begin to identify those items which will require debate. Staff will be requested to provide amendments as necessary. Meeting #3 on May 6, 1996, will. conclude the voting and a recommendation on Code Amendments and Design Guidelines will be sent to full Council in June. 7" ADJOURN The meeting was adjourned at 6:20pm. 1:\LU.TRANS\MARI8LlJl".SUM DATE: TO: FROM: RE: I. ll. ill. IV. FEDERAL WAY MEMORANDUM March 26, .1996 City Council Land Use and Transportation Committee Council member Phil Watkins, Chair ~regory D. Moore, AICP - Director of Community Development Services Contact: Deb Barker - Associate Planner ST. LUKE'S LUTHERAN CHURCH MASTER PLAN Federal W-ay FilêNo. UPR95-0009 Related File No.'s SEP95-0011 and SPR95-0011 STAFF RECOMMENDATION City staff recommends approval of the Master Plan proposal request as recommended by the Federal Way Hearing Examiner. SUMMARY OF APPLICATION St. Luke's Lútheran Church requests master plan approval of a two phased redevelopment proje.ct. This application deals only with phase 1. During phase I, a new sanctuary with classrooms and related spaces connecting to the existing sanctuary building will be constructed. The existing daycare building will be demolished, and the existing sanctuary building""and original building are to be renovated for additional office and classroom spaces. The day care program will be relocated to the gym. Parking will be decreased from 154 to 145 stalls. During phase II, additional parking is proposed and a wetpond will be added to the site. No work will be performed in the existing gym. St. Luke's Lutherån Church is located in an RS 7.2, Residential Single Family zoning district. Pursuant to Federal Way City Code (FWCC) section 22-635, Churches, Synagogues or other Places of Religious Worship, over five acres in size require master plan approval thrpugh Use P.rocess III. REASON FOR COUNCIL ACTION The Hearing Examiner may only render a recommendation in a Process III review. The final decision for all such requests rests with the City Council. HEARING EXAMINER'S RECOMl\ŒNDA TION To approve the proposed St. Luke's Lutheran Church Master Plan proposal. Pages 8 and 9 of the Hearing Examiner's Recommendation contain findings and conclusions which serve as a basis for the recommendation. The entire recommendation is attached. Through Use Process II, the Hearing Examiner also reviewed variance requests to four existing nonconforming elements at the church site. These nonconforming conditions were required to be corrected due to the proposed addition of gross floor area, unless variance approval was granted. The Hearing Examiner approved the variance requests to required yard setbacks, required parking lot setbacks and building facade design requirements, and denied the variance request to nonconforming signage. The variance requests are not part of the council action for the Master Plan. v. PROCEDURALS~ARY April 6, 1995 The application for Use Process III approval filed with the city. March 4, 1996 Revised site plan submitted to the city. November 7, 1995 Federal Way State Environmental Policy Act (SEPA) Responsible Official issued a SEP A Determination of Non- Significance (DNS). December 7, 1996 SEPA appeal period expired. No appeals were filed with the city. March 19, 1996 Hearing Examiner public hearing. March 25, 1996 Hearing Examiner issued recommendation to approve the . application. April 1, 1996 Hearing Examiner recommendation request for reconsideration and appeal period expired. No requests fro reconsideration or appeals were filed with the city. April 1, 1996 City Council Land Use Committee meeting. Land Use Committee forwards a recommendation to the full City Council. April 16, 1996 City Council meeting. Pursuant to Section 22-490 of Federal Way City Code, the City Council shall consider the application at a scheduled meeting. VI. DECISIONAL CRITERIA City Council's review of the application is limited to the record of the hearing before the Hearing Examiner, the Examiner's written report, compliance with applicable ordinances and regulations of the King County Code and with review criteria set forth in Section 22- 490.d of the Federal Way City Code. Section 22-490.d allows the application be approved if it is consistent with: 1. The Comprehensive Plan, 2. All applicable provisions of the Code, including those adopted by reference from the Comprehensive Plan, and 3. Public health, safety and welfare. Vil. COUNCIL ACTION A draft resolution Tecommending approval of the proposed application as recommended by the Hearing Examiner is attached. After consideration of the record before the Hearing Examiner, the City Council may, by action approved by a majority of the total membership, take one of the following actions: 1. Approve the Application, or 2. Approve the Application with minor modifications, or 3. Deny the. Application, or 4. Remand the matter back to the Hearing Examiner for further consideration, or 5. . Schedule a public hearing before the City Council, in order to consider non-minor modifications to the application. The City Council shall not substantially modify the recommendation of the Hearing Examiner without first referring the matter back to the Hearing Examiner or conducting its own public hearing of the application. variance \stlukes\lutc. mmo RESOLUTION NO. draft A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING PHASE I OF THE MASTER PLAN FOR ST. LUKE'S LUTHERAN CHURCH; (FEDERAL WAY FILE NO. UPR 95-0009, FEDERAL WAY HEARING EXAMINER NO. 96-04). WHEREAS, St. Luke's Lutheran Church ("Applicant") has a possessory ownership interest in property lo"cated at 515 South 312th Street, Federal Way, Washington ("Property"); and WHEREA~? the Applicant is proposing a two phased master plan to develop the property and Phase I consists of partial building demolition, construction of a new sanctuary, redevelopment of existing classroom and office spaces, and parking lot reconfiguration ("Application"); and WHEREAS, the Property is presently zoned Residential Single Family ("RS- 7 .2"), and under RS-7.2 zoning, churches are permitted uses pursuant to Federal Way City Code ("FWCC") section 22-635; and WHEREAS., the St. Luke's Lutheran Church site is 5.2 acres in size and Note 2 of FWCC section 22-635 states that churches in excess of five (5) acres require master plan approval subject to Process III review; and WHEREAS, a determination of non-significance ("DNS ") for this application was issued by the City of Federal Way's Responsible Official on November 7, 1995, pursuant to the FWCC and the State Environmental Policy Act (" SEP A") and the DNS was not appealed; and Res.# , page# WHEREAS, all public notices having duly been given pursuant to FWCC Section 22-480; and WHEREAS, pursuant to FWCC Section 22-482, the Federal Way Land Use Hearing Examiner held a public hearing on the Application on March 19, 1996; and WHEREAS, pursuant to FWCC Section 22-198, the Federal Way Land Use Hearing Examiner also heard Use Process II variance requests to the standards of FWCC section 22-635 during the public hearing on March 19, 1996; and WHEREAS; at the conclusion of said hearing, the Federal Way Land Use Hearing Examiner issued Findings, Conclusions and Recommendations for the Master Plan approval on March 25, 1996; and WHEREAS, at the conclusion of said hearing, the Federal Way Land Use Hearing Examiner approved three of the variance requests and denied one variance. request on March 25, 1996; and WHEREAS, the City Council of the City of Federal Way is the governmental body having jurisdiction and authority to pass upon approval, denial and modification of the Application pursuant to the FWCC; and WHEREAS, FWCC Section 22-490( d) contains decisional criteria for the Federal Way City Council's consideration of a Process III application; and WHEREAS, this matter having been considered by the Federal Way City Council Land Use/Transportation Committee at its meeting on April 1, 1996, for the purpose of issuing its recommendation for conditional approval of the Application to the full City Council; and WHEREAS, the City Council having considered the written record and the , page# Res.# Recommendation of the Hearing Examiner;. pursuant to FWCC Section 22-490 on this date; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:, Section 1. Hearing Examiner's Recommendation. The Findings of Fact and Conclusions of Law contained in the Recommendation of the Federal Way Land Use Hearing Examiner issued March 25, 1996, following a public hearing held on March 19, 1996, a copy of which is attached hereto as Exhibit" A" and incorporated by this reference ("Recommendation"), which included a recommendation to approve the Application for Master Plan, are hereby adopted as the Findings of Fact and Conclusions of Law of the Federal Way City Council. Section 2. Process III Decisional Criteria. Pursuant to FWCC section 22-490(d), the Federal Way City Council concludes that the decisional criteria have been satisfied as the Application is consistent with the Comprehensive Plan, is consistent with all applicable provisions of the FWCC jnc1uding those adopted by reference from the Comprehensive Plan, and the application is consistent with the public health, safety, and welfare. Section 3. Application Approval. Based upon the Federal Way City Council's Findings of Fact and Conclusions of Law, as adopted by the City Council pursuant to Section 1 herein, the Application for master plan approval for Phase I of the St. Luke's Lutheran Church, Federal Way File No. UPR 95-0009, Federal Way Hearing Examiner No.96-04, is hereby approved. Res.# , page# Section 4. Conditions of Approval Integral. The conditions of approval of the Application are all integral to each other with respect to the Federal Way City Council finding that the public use and interest will be served by the approval of the Application and modifications contained therein. Should any court having jurisdiction of the subject matter declare any of the conditions invalid then, in said event, the approved Application and modifications granted in this resolution shall be deemed void, and the Application shall be remanded back to the City of Federal Way Land Use Hearing Examiner to review the impacts ¿ of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to insure that the Application makes appropriate provisions for the public health, safety and general welfare and applicable City ordinances, rules and regulations and forward such Recommendation to the City Council for further action. Section 5. Severability. If any section, sentence, clause or phrase of this resolution should be held. to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of , 1996. Res.# , Page#-. CITY OF FEDERAL WAY MA YOR, MAHLON (SKIP) PRIEST ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. , page# Res.# (206) 66 \--4000 FEDERAL WAY, WA 98003-6210 Karch 25, 1996 . Gabbert Browleit Peterson Architects, P.S. 6920 220th SW, Suite 200 Mountlake ~errace, WA 98043 RS. tJ'1'. LUXB'S CHURCH MASTER PLAN APPROVAL AND VARIANCE REOUESTS Dear Applicant: Enclosed please find the Report and Decision relating to the above-entitled case. Any person may request reconsideration or challenge the Hearing Examiner's decision pursuant to the Federal Way Zoning Code. The rights to reconsideration and challenge page is attached for your information. VB7i;; Cr L STEPHEN K. CAUSSEAUX, JR. HEARING EXAMINER SKC/cs co: All parties of record City of Federal Way .. .. CITY OF'FED~RAL WAY Ol'FICE OF THE HEARING EXAMIm£R IN THE MATTER OF: ST. LUKE'S LUTHERAN CHURCH FWHE# 96-04 UPR95-0009, SEP9S-0011 SPR9S-0011 PROCESS III Gabbert Browleit Peterson Architects, P.S. requests Process III approval of their master plan and variance requests. The applicant proposes to demolish a residential building and a portion of a sanctuary building in preparation for a two phased redevelopment project. The application deals only with Phase I, which includes construction of a new sanctuary, with classrooms, renovation of the existing sanctuary building and original building for additional office and classroom space and a decrease in the number of parking lot stalls from 154 to 145. In addition, the applicant requests variances to structural setbacks requirements, parking lot setbacks, building facade design standards and sign standards of FWCC section 22-635. I P L March 19, 1996 March 25, 1996 Hearing Date: Decision Date: At the hearing the following presented testimony and evidence: 1. Deb Barker, Associate Planner, City of Federal Way Stephen Hammer, Browleit Peterson Arçhitects. P.S. 2. At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. Staff Report with all attachments. 2. Photograph board. m. FINDINGS 1. The Hearing Examiner has heard testimony, viewed the premises and surrounding area, admitted documentary evidence into the record, and taken this matter under advisement. r::. .::¡:>VrI <;C<,o 7,7 ST. LUKE'S LUTHERAN CHURCH March 25, 1996 Page - 2 : .. 2. The Community Development Department staff report sets forth general findings, and applicable policies and provisions in this matter, is hereby marked as Exhibit 1, and incorporated in this report by reference as though set forth in full herein. 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code. 4. St. Luke's Lutheran Church is located on a 5.2 acre parcel of property at 515 South 312th Street within the City of Federal Way. Phase I of the church master plan is the focus of this application request. Under Phase I. the applicant desires to perform the following actions: demolish a 2.390 square foot residential building and a 2.590 square foot portion of an existing sanctuary building; construct a 12,850 square foot new sanctuary building with classrooms and related spaces connecting to the existing sanctuary building; renovate the 8,235 square foot existing sanctuary building and 4,495 square foot original building for additional office and classroom space; decrease the parking lot from 154 to 145 stalls; install perimeter landscaping; install a new sign; and relocate the daycare to the gym. 5. The Federal Way Zoning Map shows that St Luke's Lutheran Church and surrounding area are located in an RS- 7.2. residential single family zoning district. Pursuant to Federal Way City Code (FWCC) section 22-635, Churches. Synagogues or other Places of Religious Worship, churches are permitted uses in the RS zoning district subject to Use Process III approval if over 5 acres in size. St. Luke's Lutheran Church is 5.2 acres in size, therefore Use Process III is required. 6. During Phase I, the app~icant proposes to expand the floor area which will require the following nonconforming site elements to be brought into conformance with Article IV. Nonconformance: FWCC section 22-334. Nonconforming parking; FWCC 22-345, Nonconforming signs; FWCC section 22..226. Nonconforming buffers, and FWCC section 22-337. Any other nonconformance; unless variances are approved. Four nonconforming elements were identified: required yard setbacks not met, required parking lot setbacks not met, building facade design requirements not met, sign requirements not met. The applicant requests variances for these four nonconformances. All four decisional criteria of section 22-198 FWCC must be met in order for. the variance requests to be approved. 7. , ~: FWCC section 22..635 requires a yard setback of 30 feet. The existing church sanctuary and offices on the north side of the site intrude into this setback approximately 18 feet. Findings on each of the four variance criteria of FWCC section 22-198 are hereby made as follows: Á. The existing sanctuary was approved by King County in 1963 with 25 foot setbacks from 312th Street. The setback was reduced in 1986 when the church ST. LUKE'S LUTHERAN CHURCH March.2S, 1996 Page - 3 B. .C. D. . dedicated 12 feet of land to King County for the purpose of widening South 3 12th Street. The yard setbacks do not conform to the city code as a result of the dedication and street widening. A variance to the required yard setback requirement would not be a grant of special privilege inconsistent with the limitations upon uses for other properties in the vicinity in which the subject property is located because other properties along South 312th Street also have nonconforming yard setbacks due the street widening. A variance to the required yard setback is necessary because of special circumstances that relate to existing building size, building location, and surrounding streets. King County initially approved a yard setback which is five feet less than the Federal Way standards for required yards of church uses. In addition, the amount of available land for setbacks was further reduced when St. Luke's dedicated 12 feet of property on the north side of the site to King County for street widening purposes. The existing structures are set back 15 feet from the north property line. Such reduced yard setback is not detrimental to the public welfare. The proposed additions to the building will be set back 30 feet from the property line, thus meeting the city code setback requirement. The proposed perimeter landscaping will not be affected by the reduced building setbacks. In addition, there will be a great deal of expense for the applicant and a loss of usable square footage if portions of the church that do not meet current code standards are required to be . removed. The special circumstances of the subject property are not the result of the actions of the owner of the subject property. The existing church sanctuary and office buildings were approved with 25 foot setbacks. The church later dedicated 12 feet of land to King County for road widening purposes. King County's required yard setbacks are less than the required yard setbacks of the City of Federal Way. : FWCC section 22-635, note 6 states that parking may be located within the required side and rear yards, but not closer than 15 feet to any property line for church uses in residential zoning districts. Existing parking stalls on the west side of the site intrude 3 feet into the setback. Six parking stalls on the north end of the site intrude into the setback approximately 8 feet. Findings on each of the four criteria of FWCC section 22-198 are hereby made as follows: 8. ~ .-_00' A. Granting a variance for the existing parking lot setback will not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone in which the subject property is located. The CWTent parking lot setbacks for St. Luke's Church were approved by King County in 1963. ._.~ -.- ST. LUKE'S LUTHERAN CHURCH March 25. 1996 Page - 4 c. -:: The setback on the north side of the site was affected by land dedication and road widening of South 312th Street. The parking lot on the north side of the site is presently set back 7 feet from the property line, while the parking stalls on the west side of the site are set back 12 feet. In order to comply with the required parking lot setbacks, existing parking stalls that intrude into the setback would have to be removed. This would be a hardship on the church and would be inconsistent with privileges provided to uses of other church properties in the vicinity. To mitigate the impacts of the parking lot intrusion, additional landscaping within the required yard setback area is proposed on the west side and the width of the existing curb cut onto South 312th Street will be reduced. B. A variance is necessary due to special circumstances relating to the location of existing parking stalls and the surrounding right of way. City parking lot setbacks are greater than setbacks approved by King County in 1963. The parking lot setback on the north side of the site was later reduced by land dedication and subsequent road widening on South 312th Street. Granting the variance will afford S1. Luke's Church the same rights and privileges enjoyed by other properties in the vicinity and zone in which the subject property is located. The existing nonconforming parking lot setbacks will not be detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the church is located. The parking lot is primarily used on Sunday mornings when vehicular traffic on South 312th Street is reduced. To mitigate the impacts of the setback intnlsion. the existing curb cut on South 312th will be narrowed. Parking is at a premium at St. Luke's Church. Elimination of parking stalls would create a hardship since church related activities require a substantial number of parking spaces. D. The special circumstances of the subject property are not the result of the owner's actions. The existing parking lot setbacks were approved in 1963 by King County, whose required parking lot setbacks are less than the required setbacks of Federal Way. The parking lot setback on the north side of the site was reduced by land dedication and road widening of South 312th Street. ~D~ Facad~2Il Requirements: The existing gym is not in compliance with FWCC section 22-635 note 5, which states that if any portion of a structure is within 100 feet of a low density zone, then the height of that structure shall not exceed 15 feet above average building elevation or the facade of that portion of the structure parallel to the low density zone shall not exceed SO feet in length. The gym is 43 feet from a property line which abuts a low density zone. The gym building exceeds the 1 S foot height requirement and the west side of the building is 120 feet in length. Findings on each of the four criteria . of FWCC section 22-198 are hereby made as follows: 9. ST. LUKE'S LUTHERAN CHURCH March 25, 1996 Page - 5 10. ¿ .3:::Jvd '" A. A variance will not constitute a grant of special privilege inconsistent with. the limitations upon uses of other properties in the vicinity and zone in which the subject property is located. St. Luke's gym was constructed in 1972 in accordance with a permit issued'by King County. The Federal Way Mission Church building, which faces the gym and was approved by King County, contains similar facade characteristics which do not meet the current code standards. B. A variance is necessary because of special circumstances relating to size and location of the building on the property to provide it with use rights and privileges allowed to other properties in the zone and vicinity. The existing gym is located 43 feet from the Federal Way Mission Church property which contains a church building with a large wall which is nonconforming under current city code, Both buildings were approved by King County and the facade requirements were changed after the buildings were constructed. It is not possible to relocate the property line of either property to remedy the nonconforming setback and associated. facade design conditions without impacting the adjoining property. C. Granting the variance will not be detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located. The gym was built in conformance with county code standards of height, setbacks, and facade modulation. The variance will not be detrimental to the adjoining property since the Federal Way Mission Church is not a residential use and contains a building with similar nonconfonning facade characteristics. In addition, the gym is hardly visible from South 312th Street as it is located in the middle of the site. It will be a financial hardship for the applicant to eliminate building walls that are not in compliance with the FWCC. D. The special circumstances of the St. Luke's Church property are not the result of the .actìons of the. church's owner. The building was constructed in 1972 and designed to meet the standards of King County in effect at that time. Signa~e; Signage standards for Churches, Synagogues or other places of worship in residential single family zoning districts are established in FWCC Article XVIII - Signs. The Federal Way City. Council revised the sign code by Ordinance #95-235. Such revision occurred after this variance application was filed. Therefore, this application is vested under the previous sign code. A. FWCC section 22..635 requires sign category B (identified in FWCC section 22. 1607(2» for this church use, which permits wall mounted, marquee and pedestal signs. The maximwn nwnber of category B signs is one sign for each street providing direct vehicular access to which the sign is facing pursuant to FWCC section 22-1608(2). St. Luke's Church contains three signs which front South 6Ev9 1./.1. ~~,~ , '" ...A' r 7 7' ..- -. . ST. LUKE'S LUTHERAN CHURCH March 25, 1996 Page. 6 .. .- " 312th Street. All three are nonconforming for the following reasons: 1. Si2I1 # 1: Siin at freestsndinQ: screen wall FWCC secûon 1618, plate 2. sets forth the standards that apply to pedestal signs, which requires that they not exceed five feet in height. Sign #1 is located on a 20'-7" freestanding screen, and is set back from the property line approximately 15 feet. The screen exceeds the 5 foot maximum sign height by nine inches. The maximum pennitted sign area for category B signs is 32 feet per sign face. The sign area of Sign #1 is 23 square feet, and does not exceed the allowable sign area. 2) Sign #2: Sil!I1 at sanctuary near comer This sign is located on the right-of-way in front of the existing sanctuary and is not on the church property. It exceeds the maximum sign height of 5 feet by 3 inches and exceeds the maximum sign area by 18.6 feet. 3) Silp1 #3: Di\Ycare si~n This sign is located 5 feet onto the public right-of-way and is not on the church property. The applicant has agreed to remove this sign. B. The application for the Master Plan includes a proposal for a fourth sign facing 6th Avenue. Such sign will be placed atop a 7 inch tall brick base and will have a maximum height of 4 feet. The proposed sisn area is 8.5 square feet. The base must be raised one inch to meet the pedestal sign standards of FWCC section 22- 618. c. The applicant requests a variance for the three exisûng nonconforming signs. Findings on each of the four criteria of FWCC section 22-198 are hereby made as follows: 1) The variance will constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity. The nwnber, size and location of the existing signs is not a privilege shared by other Federal Way churches or businesses. 2) No special circumstances exist that make it necessary to grant a variance to these nonconforming signs. Setbacks are available so that signs #2 and #3 do not intrude into the public right-of-way. Sign #1 could be mounted to the wall behind the screen to which it is now affixed. Such would increase its visibility and bring it into conformance. 3) Granting the variance for .Sign #2 and #3 could be injurious to the public welfare since sight distance from the intersection of South 312th and 6th Avenue South is compromised for vehicular traffic. Both signs are within the public ST. LUKE'S LUTHERAN CHURCH March 25, 1996 Page - 7 11. 12. '" "" right-of-way. 4) The special circumstances of the subject property are a result of the actions of the owner of the subject property, including the number of the signs, their location on and off the property, and the nonconforming height and sign area. The applicant has not provided evidence that King County permitted the installation of the signs within the public right~of-way. FWCC section 22-443(c) contains the three decisional criteria used by the Hearing Examiner during Process II review. Findings on each criteria regarding the variance requests for required yard setbacks, parking lot setbacks and building facade design requirements arc hereby made as follows: A. Variance requests for the above three nonconforming uses are consistent with the Comprehensive Plan. This application is vested under the City of Federal Way Interim 1990 Comprehensive Plan. The comprehensive plan designation for the site is Suburban Residential. B. The applicant is required to comply with all applicable provisions of the FWCC including those adopted by reference trom the comprehensive plan. The applicant is required to comply with provisions of the Federal Way Environmental Policy Act, Federal Way City Code, and other applicable development codes and regulations. The City's Department of Conununity Development Committee reviewed the variance request for signs in regards to these codes and regulations. The variance requests are consistent with all applicable provisions of the Code and other applicable development codes and regulations. Granting the variance requests will not impact the public health, safety or welfare. The existing sanctUary and supporting buildings will be consistent with all applicable city, state, and local public health and safety regulations. c. Findings on each of the three criteria set forth in FWCC section 22-443(c) for the variance request regarding the existing signs are hereby made as follows: A. The variance request to retain the nonconforming signs does not meet policy H-23 of the 1990 Comprehensive Plan. Such policy allows supporting services and facilities in residential zones such as schools, daycares, and churches, provided the scale and uses are compatible with adjacent neighborhoods. The quantity of signs and their location are not compatible with the adjacent neighborhood. Additionally, the location of two of the signs within the public right-of-way is prohibited and creates unsafe driving conditions. ~ .""....., rrL.~ 7.7 ST. LUKE'S LUTHERAN CHURCH March 25, 1996 Page G 8 13. ~ B. The applicant is required to comply with all applicable provisions of the FWCC including those adopted by reference from the comprehensive plan. The applicant is required to comply with provisions of the Federal Way Environmental Policy Act, Federal Way City Code and other applicable development codes and regulations. The City's Department of Community Development Committee reviewed the variance request for signs in regards to these codes and regulations. The sign variance request does not comply with applicable codes and regulations because of nonconforming sign quantity, height, and location. The variance request for the nonconforming. signs is not consistent with the public health, safety, and welfare. The placement of the signs within the public rightaof- way creates unsafe driving conditions and a visual distraction is created by the quantity of signs that front 312th Street. In addition, the nonconforming signs do not meet the applicable city and local public safety regulations. Master Plan: Churches are permitted in an RS zone pursuant to FWCC section 22-635. If the subject property is more than 5 acres, Note 2 of section 22-635 requires the applicant to submit a master plan which must be approved through Process III. 81. Luke's Lutheran Church consists of 5.2 acres. Therefore, approval of a master plan through Process III is required for the sanctuary and office expansion, parking lot configuration, and remodeling. FWCC section 22M490( d) sets out three decisional criteria to be considered for master plan approval. Findings on each criteria are hereby made as follows: C. A. The master plan is consistent with the policies and goals of the 1990 City of Federal Way Comprehensive Plan. B. The master plan complies with the Federal Way Comprehensive Plan, the code standards of FWCC section 22-635 and other city regulations. C. The master plan is consistent with the public health, safety and welfare except the existing signage. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. 2. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. The applicant has established that the master plan application satisfies the requirements ST. LUKE'S LUTHERAN CHURCH March 25, 1996 Page - 9 ~ of Section 22-635 and 22-490(d) FWCC. 3. The applicant has established that the variance request to the required yard setbacks satisfies the criteria set forth in Sections 22.635 and 22-198 FWCC. 4. The applicant has established that the variance request to the required parking lot setbacks satisfies the criteria set forth in Sections 22.635 and 22-198 FWCC. s. The applicant has established that the variance request to the required building facade 0 design standards satisfies the criteria set forth in Sections 22-635 and 22.198 FWCC. 6. The applicant has UQ.t established that the variance request for the existing three signs satisfies Sections 22..1608(2), 22-1618, 22-16O5(a) and (b) FWCC. 7. The applicant bas established that the master plan request for Process II and III approval satisfies the criteria set forth in Section 22-443(c) FWCC. Therefore, the master plan application should be approved. . The applicant has established that the request for Process II approval satisfies the criteria set forth in Section 22443(c) FWCC with respect to the yard setbacks, parking lot setbacks, and building facade design setbacks. Therefore, the variance requests for the same should be approved. 8. 9. The applicant has not established that the request for Process II approval satisfies the criteria set forth in Section 22-443(c) with respect to the existing signage. Therefore, the variance request for the existing signs should be denied. As an option, the applicant may choose to comply with the revised sign code that went into effect after the variance application was received. Under this option, the signs will be brought into compliance if the following occurs: A. Remove sign # 1 from the screen and place it on the wall that is directly behind the screen. B. Move sign #2 from the public right.-of-way and reduce its height by 3 inches. C. Remove sign #3 from the public right-of-way, which was agreed to by the applicant D. Other agreement is reached following discussions with the Community Development Department ¡ ¡ .:.1:)Vd 6£1;79 -r.a. .,n-rcr T '" nT'" ,~.~, 0..--- ST. LUKE'S LUTHERAN CHURCH March 22, 1996 Page - 10 ~ It is hereby recommended to the Federal Way City Council that the variance requests for the required yard setbacks, building facade design setbacks, parking lot setbacks be granted, and that the variance request for the existing signage be denied. It is further recommended that the master plan be approved. DATED THIS 2~AY OF March, 1996. 7 T .~~H' RIGHTS TO RICONSI9ERATtON AND CHALLENGE ~ THE BELOW STATED RIGHTS TO RECONSIDERATION AND APPEAL AND DESIGNED TO PROVIDE NOTICE OF TIME LIMITS AND A GENERAL OUTLINE OF PROCEDURES. THE SPECIFIC REQUIREMENTS FOR REQUEST FOR RECONSIDERATION ARE FOUND IN SECTION 22 -488 OF THE FEDERAL WAY CITY' CODE. THE SPECIFIC REQUIREMENTS FOR CHALLENGES TO THE HEARING EXAMINER'S RECOMMENDATION ARE FOUND IN SECTION 22-489 OF THE FEDERAL WAY CITY CODE. CLARIFICATION OF THE RIGHTS TO RBCONS IDERATION AND CHALLENGE AND THE NAMES AND ADDRESSES OF PERSONS WHO HAVE A RIGHT TO CHALLENGE MAY BE OBTAINED FROM THE CITY CLERK OF THE CITY OF FEDERAL WAY. RECONSIDERATION Any person who has a right to challenge. a recommendation of the" Hearing Examiner under the Federal Way City Code may request the Hearing Examiner to reconsider any aspect of his or her recommendation by delivering a written request for reconsideration to the Department of Community Development within seven (7) calendar days after the date of issuance of the Hearing Examiner's recommendation. The person requesting the reconsideration ahall specify in the request what aspect of the recommendation he or she wishes to have reconsidered and the reason for the request. The person requesting the reconsideration shall within seven (7) calendar days following issuance of the recommendation, mail or personally deliver a copy of the request for reconsideration along with a notice of the right to file a written response to the request to those persons who have a right: to challenge under (; ¡ .:;¡:)Vd 6£Þ9 ~U ",...-, n , '" ... ^ , Federal Way City Code. Proof o~ such mailing or personal delivery ~ shall be made by an affidavit attached to the request for reconsideration at the time of delivering the request to the Department of Community Development. The notice shall state that such response must be received by the Department of Community Development within seven (7) calendar days following the filing of the request with the department. Any person filing a response to a response to the reconsideration request must distribute that response by mail or personal delivery to those persons having a right to challenge under the Federal Way City Code. Proof of such distribution by mail or personal delivery shall be m~de by affidavit attached to the response delivered to the Department of Community Development. Within ten (10) working days after expiration of the reconsideration period, the Hearing Examiner shall notify the persons who have a right to challenge under the Federal Way Zoning Code, whether or not the recommendation will be reconsidered. The Hearing Examiner may reconsider the recommendation only if he or she concludes that there is substantial merit in the request. The process of reconsideration will be in accordance with Section 22- 488 of the Federal Way City Code. CHALLBNGB The recommendation of the Hearing Examiner may be challenged by any person who is to receive a copy of that recommendation. The challenge, in the form of a letter of challenge, must be delivered to the Department of Community Development within fourteen (14) calendar days after the iss~ance of the Hearing Examiner's recommendation or, if a request for reconsideration is filed, then within fourteen (14) calendar days of either the recommendation of the Hearing Examiner denying the request for reconsideration or the reconsidered recommendation. The letter of challenge must contain a clear reference to the matter being challenged and a statement of the 'specific factual findings and conclusions of the Hearing Examiner disputed by the person filing the challenge. The person filing the challenge shall include, with the letter of challenge, the fee established by the city. The challenge will not be accepted unless it is accompanied by the required fee. The person challenging the recommendation shall within said fourteen (14) calendar day period mail or personally deliver a copy of the letter of challenge along with a notice of the right to file a written response to the challenge to those persons who have the right to file a challenge under Section 22-489 of the Federal Way City. Code. The notice shall state that such response must be received by the Department of Community. Development within five (5) working days following the filing of the written challenge with the department. Any person filing a response to the reconsideration request must distribute that response by mail or personal delivery to those persons having a right to challenge under Section 22-489 of the Federal Way City Code. Proof of such distribution by mail or personal delivery shall be made by affidavit attached to the S! .3:)Vd ",r..." 7'7 response delivered to the Department of Community Development. ~r The recommendation. of the Hearing Examiner may be challenged whether or not there was a request to reconsider the Hearing Examiner' s recommendation. Any challenge of the Hearing Examiner' s recommendation will be heard by the Federal Way City Council. n T .~~~, rrL~ 7,7 ----'-"'-' FED ERAL WAY CO MMUNITY D EVELO PMENT D EP AR TMENT REPO R T TO THE FEDERAL WAY HEARING EXAMINER St. Luke's Lutheran Church Master Plan Approval & Variance Requests Federal Way File No. UPR95-0009 Related File Numbers: SEP95-0011 and SPR95-0011 PUBLI C HEARING - March 19, 1996 2 : 00 p. ill . CITY COUNCIL CHAMBERS FEDERAL WAY CITY HALL - 33530 1ST WAY S. (206-661-4000) Report Prepared by: Deb Barker, Associate Planner TABLE OF CONTENTS SECTION PAGE I. II. III. IV. V. VI. VII. PROJECT SUMMARY...................:................................................2 GENERAL INFORMATION.............................................................2 HISTORY AND BACKGROUND...................................................... 3 PROPOSED ACTIONS OF PHASE I AND PHASE II............................. 3 THRESHOLD DETERMINATION OF ENVIRONMENTAL .SIGNIFICANCE........................................... 4 AGENCIES CONTACTED BY FEDERAL WAY................................... 4 NEIGHBORHOOD CHARAC:1rERIS1rICS......................................."... 5 VIII. HEARING EXAMINER PROCESS II VARIANCE REQUESTS................. 5 IX. X. XI. XII. EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J HEARING EXAMINER PROCESS II DECISIONAL CRITERIA................14 HEARING EXAMINER AND CITY COUNCIL PROCESS III DECISIONAL CRITERIA FOR MASTER PLAN APPROVAL...................16 FINDINGS OF FACT AND CONCLUSION......................................... 18 RECOMMENDATIONS.... ................... ..... ................... .......'.". ......; 20 Site Plans. Vicinity Map. King County approved site plans for 1963 new church addition and setbacks, 1972 new multi-purpose building, 1974 approved addition to church office, 1976 permit for parsonage to day care center. Site Plan Review approval Findings and letter dated March 12, 1996 State Environmental Policy Act DNS decision issued on November 7, 1995. FWCC section 22-335, Churches in residential zoning districts Applicant responses to criteria granting variance requests dated Aug. 30, 1995. Aug. 31, 1995 & Jan. 30, 1996 Summary of Church Activities FWCC Article XVII Signs (previous sign code) Existing signs at the site 1 " I. PROJECT SUMMARY St. Luke's Lutheran Church proposes to demolish a residential building (presently used for daycare center) and a portion of the existing sanctuary building in preparation of a two phased redevelopment project. This application deals only with phase 1. During phase I, a new sanctuary with classrooms and related spaces connecting to the existing sanctuary building will be constructed. The existing sanctuary building and original building are to be renovated for additional office and classroom spaces. Parking will be decreased from 154 to 145 stalls. During phase II, additional parking is proposed and a wetpond will be added to the site. No work will be performed in the gym. (Exhibit A) St. Luke's Lutheran Church is located in an RS 7.2, Residential Single Family zoning district. Pursuant to Federal Way City Code (FWCC) section 22-635, Churches, Synagogues or other Places of Religious Worship, churches are permitted uses in the RS zoning district subject to Use Process III approval if over five acres in size. In addition to the phase I activities, the applicant is requesting variances to structural setbacks requirements, parking lot setbacks, building facade design standards and sign standards of FWCC section 22-635. II. GENERAL INFORMATION Location: 515 South 312th Street, Federal Way, W A (Exhibit B) Applicant: Gabbert Browleit Peterson Architects, P.S. 6920 220th SW, Suite 200 Mountlake Terrace, W A 98043 Contact: Stephen Hammer Phone: (206) 774-470 I Owner: St. Luke's Lutheran Church Zoning: RS-7.2, Residential Single Family Comprehensive Plan Designation: Suburban Residential (SR) Acreage: Main site is 188,450 square foot, adjacent parcel for parking lot is 37,680 square foot, totaling 226,130 square feet or 5.2 acres. S- T-R 08- 21-04 2 . Sewage Disposal: Lakehaven Utility District Water Supply: Lakehaven Utility District Fire District: King County Fire District #39 III. HISTORY AND BACKGROUND The first St. Luke's Lutheran Church was'built in 1956 at this location. It consisted of a 4,495 square foot sanctuary and a residential structure used as a parsonage. In 1963, King County approved an 8,235 square foot sanctuary building at the northeast corner of the site. The older sanctuary building was later converted to offices. A multi-purpose building south of the oldest building was built in 1972. (This is now called the gym.) In 1976, King County approved conversion of the parsonage to a daycare center. In 1986, St Luke's Lutheran Church dedicated twelve feet of land along South 312th Street to King County for road widening purposes (Exhibit C). The City of Federal Way approved a fifty stall parking addition in 1993. The Community Development Review Committee (CDRC) conducted a preapplication meeting with the applicant on October 27, 1994 to provide comments on a proposed church expansion. The applicant submitted an application for SEPA, Site Plan Review and Master Plan approval through Use Process III review on April 6, 1995. Variance requests to required structural setbacks, parking lot setbacks, building facade design requirements and sign standards were also received. Pursuant to FWCC Section 22-366, if the proposal requires approval through processes I, II or III, the site plan review conducted under this article will be put in writing and form the basis of or be an exhibit to the staff report to the hearing examiner under process III. A Site Plan Review approval letter and findings are attached (Exhibit D). PROPOSED ACTIONS UNDER PHASE I AND II IV. The applicant proposes work on the site in two phases. This application request concerns only the elements identified in phase I. Phase II is scheduled approximately five to seven years from the completion date of phase I. The ultimate development of the site including all building, parking and circulation areas, other major improvements and buffers is required to be shown pursuant to FWCC section 635, note 2. Because Process III approval expires in five years from the date of approval, , phase II improvements are shown for illustrative purposes only. These improvements wilJ require approval based on the codes in effect at that time. No work will be performed in the gym. 3 A. Phase I consists of the following actions: . Demolition of a 2,390 square foot residential building (presently used for daycare center) and a 2,590 square foot portion of the existing sanctuary building. . Construction of a 12,850 square foot new sanctuary building with, classrooms and related spaces connecting to the existing sanctuary building. . Renovation of the 8,235 square foot existing sanctuary building and 4,495 square foot original building for additional office and classroom spaces. . Parking will be decreased from 154 to 145 stalls. . Perimeter landscaping will be installed. . New sign will be installed. . The Daycare to be relocated to the gym B. Phase II is provided for illustrative purposes only. It is not included in this application request. Phase II includes the following actions: . Master Plan approval because the site is over 5 acres in site. . Ninety (90) parking stalls are to be added at the southern portion of the site, for a total of 234 parking stalls. A parking study will be required. . Interior parking lot landscaping and perimeter lot landscaping wil1 be installed. . A wetpond will be added to the site to accommodate the new parking area. The wetpond will intrude into the 100 foot wetland setback area, and requires review through process II based on current codes. V. THRESHOLD DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE Pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C, the responsible official of the City of Federal Way issued a Determination of Non- significance (DNS) for the church expansion on November 7, 1995 (Exhibit E). The determination was based on review of information in the project file, environmental checklist and site visits resulting in the conclusion that the proposal would not have significant adverse impacts on the environment. Affected agencies and the public were offered the opportunity to comment on or appeal the determination for 29 days. The appeal period ended on December 7. 1995 No comments or appeals were fi led with the City. VI. AGENCIES CONTACTED BY FEDERAL WAY As part of the review by Federal Way staff, site visits were conducted and the proposal was circulated to the Federal Way Community Development Review Committee (CDRC) consisting of the following agencies and city departments: 4 VII. * Federal Way Public Works D'ivisions. Federal Way Building Department. King County Fire District #39. Lakehaven Utility District. * * * Responses from the Lakehaven Utility District and the Public Works Department are incorporated into this staff report and associated findings of fact. NEIGHBORHOOD CHARACTERISTICS St. Luke's Church is located in a residential single family neighborhood in the center of the city. Urban utilities and services serve the site. Current uses of the surrounding area include the following: North - South - East - South 312th Street, Residential single family homes Church Use 6th Avenue South, church parking lot, Residential single family homes Church Use West - VIII. HEARING EXAMINER PROCESS II VARIANCE REQUESTS B. A. Back2:round: Church uses are allowed within RS zoning districts in accordance with Federal Way City Code (FWCC) Section 22-635 (Exhibit F). This land use chart contains the standards for church uses including height, required setbacks, facade maximums and parking. During phase I, the church proposes an expansion of floor area. With this expansion of gross floor area, the following nonconforming site elements must be brought into conformance with Article IV, Nonconformance: FWCC section 22-334, Nonconforming parking; FWCC 22-345, Nonconforming signs; FWCC section 22-226, Nonconforming buffers, and FWCC section 22-337, Any other nonconformance, unless variances are approved. Four existing nonconforming elements have been identified: 1. 2. 3. 4. REQUIRED YARD SETBACKS ARE NOT MET. REQUIRED PARKING LOT SETBACKS ARE NOT MET. BUILDING FACADE DESIGN REQUIREMENTS ARE NOT MET. SIGN REQUIREMENTS ARE NOT MET. Variance criteria - The applicant has requested variances to the stan_dards of FWCC section 22-635 for the above referenced nonconformances. The applicant has provided several letters wnich discuss the project applicability to variance decisional criteria (Exhibit G). The Hearing Examiner may approve the variance requests only if all four variance decisional criteria of FWCC 5 ,. Section 22-198 are met for eách request. The following is a discussion of each nonconformance and an evaluation of each variance request based on the decisional criteria of FWCC section 22-198. Requests for variance from yard, parking and facade design requirements are supported by staff for the reasons stated in this report. 1. REQUIRED YARD SETBACKS Background - Required yard setbacks are 30 feet per FWCC section 22-635. On the north side of the site, the existing church sanctuary and offices intrude into this setback approximately 18 feet. Criterion #1. "That the variance will not constitute a grant of special privilege inconsistent with the limitations upon uses of other properlies in the vicinity and zone in which the subject propelty is located. " City Response: Churches were permitted uses under King County code and remain permitted uses within the City's RS zoning district. The existing sanctuary was approved by King County in 1963 with 25 foot building setbacks from 312th Street (Exhibit C). This setback was reduced in 1986 when the church dedicated twelve (12) feet of land to King County for the purpose of widening South 312th Street. Because of the dedication and subsequent street widening, the church, as well as adjacent residential properties, have yard setbacks that do not conform to city code. Because the existing setbacks were approved by King County and subsequently reduced for the widening of South 312th Street, the variance would not be a grant of special privilege inconsistent with the site limitations on other uses and properties in this area. Other properties along South 312th Street also have nonconforming yard setbacks. Criterion #2. "That the variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject propelty to provide it with use rights and privileges allowed to other propelties in the vicinity and zone in which the subject propelty is located. " City Response: There are special circumstances that make this variance request pertinent. These circumstances relate to existing building size, building location and surrounding streets. The yard setbacks initially approved by King County are five feet less than the Federal Way standards for required yards of church uses. Additionally, when St Luke's dedicated twelve (12) feet of property on the north side of the site to King County for street widening purposes, the land available for setbacks was further reduced. (The dedication 6 ' enabled South 312th Street tó. expand from 60 foot in width to 84 feet in width.) Approval of the requested variance would allow the existing structures to remain in place. No additional encroachment within required yard setbacks is proposed with this project. Criterion #3. "That granting the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located. " City Response: Reduced yard setbacks for the existing sanctuary and offices are an existing condition and are not hazardous nor detrimental to the public welfare. The existing structures are set back fifteen (15) feet from the north property line. Proposed in fill additions to the building will be setback thirty (30) feet from the property line and will meet the city code setback. Site distance requirements of FWCC section 22-1152, (type A intersection) are not compromised with the existing building setbacks. Proposed perimeter landscaping will not be effected by the reduced building setbacks. In an August 31, 1995 letter, the applicant stated that there would be great deal of expense and a loss of usable square footage if the church is required to remove the portions of the building which do not meet current code standards. Cliterion #4. "That the special circumstances of the subject propelty are not the result of the actions of the owner of the subject propelty. " City Response: The existing church sanctuary and office buildings were approved with 25 foot required yard setbacks. The church dedicated twelve feet of this land to King County for road widening purposes. City of Federal Way required yard setbacks for churches in residential zones are greater than the required yard setbacks approved by King County. These special circumstances are not result of the actions of the owner of the site. 2. REQUIRED PARKING LoT SETBACKS Background - Note 6 of FWCC section 22-635 states that parking may be located within the required side and rear yards, but not closer than fifteen (15) feet to any property line for church uses in residential zoning districts. Existing parking stalls on the west side of the site intrude up to three (3) feet into the fifteen (15) foot setback. On the north side of the site, six (6) parking stalls intrude into the setback approximately eight (8) feet. Cliterion #1. "That the variance will not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone in which the subject propelty 7 ' is located. " City Response: The parking lot setbacks for St. Luke's Church were approved in 1963 by King County. Setbacks on the north side of the site were impacted by land dedication and subsequent road widening of South 312th Street. The parking lot on the north side of the side, adjacent to South 312th is presently set back from the property line seven (7) feet, and the parking stalls on the west side are setback twelve (12) feet from the property line. Parking at the church is at a premium, due to an expanding congregation and associated activities (Exhibit H). The church has indicated that elimination of the existing parking stalls intruding into the required parking lot setback would be a hardship and would be inconsistent with privileges provided to uses of other church properties in the vicinity. Churches in the vicinity that front South 312th Street include the Federal Way Mission Church and the Church of the Good Shepherd. In an effort to mitigate the impacts of the parking lot setback intrusion, additional landscaping within the required yard setback area is proposed on the west side, and the width of the existing curb cut onto South 312tl1 Street is to be reduced. Criterion #2. "That the variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject propelty to provide it with use rights and privileges allowed to other propelties in the vicinity and zone in which the subject property is located. " City Response: Special circumstances relating to the location of existing parking stalls and the surrounding right of way necessitate the variance request. Parking lot setbacks for St. Luke's existing parking lots were approved in 1963 by King County. The parking lot setback on the north side of the site was reduced by land dedication and subsequent road widening of South 312th Street. The required parking lot setbacks under Federal Way code are greater than the existing parking lot setbacks approved under King County. The parking lot setbacks are an existing condition. The Federal Way Mission Church, located immediately west of the St. Luke's site. has similar reduced parking lot setbacks. Criterion #3. "That granting the variance will not be materially detrimental to the public welfare or injurious to the propelty or improvements in the vicinity and zone in which the subject propelty is located. " City Response: The existing substandard parking lot setbacks will not be 8 e detrimental. The parking lot ön the west side of the St. Luke's property abuts the vehicle circulation area of the Federal Way Mission Church. The parking lot on the north side of the St. Luke's site provides for handicapped accessibility and service vehicle access to the site. This parking lot is primarily utilized during Sunday morning services when vehicular traffic on South 312th Street is reduced. To reduce the impacts of the setback intrusion on the vehicular traffic, the existing curb cut on South 312th will be narrowed. The applicant has stated that elimination of parking stalls to bring about parking lot setback compliance would be a hardship because the church related activities demands as much parking as possible. Criterion #4. "That the special circumstances of the subject properly are not the result of the actions of the owner of the subject properly. " City Response: The parking lot setbacks are an existing condition. The setbacks for St. Luke's existing parking lots were approved in 1963 by King County. The parking lot setback on the north side of the site was reduced by land dedication and subsequent road widening of South 3l2th Street. The required parking lot setbacks under Federal Way code are greater than the existing parking lot setbacks which were approved under King County. These circumstances are not the result of the property owner. 3. BUILDING FACADE DESIGN REQUIREMENTS Background - Note 5 of FWCC section 22-635 states that if any portion of a structure is within 100 feet of a low density zone, then either: a. The height of that structure shall not exceed 15 feet above average building elevation; or b. The facade of that portion of the structure parallel to the low density zone shall not exceed 50 feet in length. The existing gym is approximately forty (40) feet from the property line which abuts a low density zone. The west side of this existing gym building is 120 feet in length and exceeds fifteen (15) feet in height. Criterion #1. "That the variance will not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone in which the subject properly is located. " City Response: The St. Luke's multi-purpose building, now the gym, was constructed in 1972 through a permit issued by King County. Setback forty- three feet from the property line, the two story structure currently contains some building modulation elements such as recessed door and window 9 ~ openings. Although these existing modulations serve to "break up" the blank facade, they do not meet the Federal Way requirements noted above. The variance would not be a grant of special privilege inconsistent with the limitations of other properties in the vicinity and zone, because the gym adjoins the Federal Way Mission Church building which was also approved by King County. The Mission Church building contains similar facade characteristics which do not meet the current code standards. Clitelion #2. "That the variance is necessmy because of special circumstances relating to the size, shape, topography, location or surroundings of the subject propelty to provide it with use lights and plivileges allowed to other propelties in the vicinity and zone in which the subject propelty is located. " City Response: While no work is proposed at this building, the expansion of the sanctuary dictates that the facade nonconformance be corrected unless a variance is approved. The existing gym is located forty-three feet from the Federal Way Mission Church property, which contains a two story church building with a large wall that is nonconforming under current city code. This large wall is approximately sixty feet from the St. Luke's gym wall. Both buildings were approved by King County, and the facade requirements were changed after the buildings was constructed. As setback from the property line, both building facades are in nonconformance with current code requirements. There is no opportunity to relocate the property line of either property to remedy nonconforming setback and associated facade design conditions without impacting the adjacent property. The variance is necessary because of the special circumstances relating to (facade) size and location or the building on the property to allow it use rights and privileges allowed to other properties in the zone and vicinity. Clitelion #3. "That granting the valiance will not be materially detrimental to the public welfare or injurious to the propelty or improvements in the vicinity and zone in which the subject propelty is located. " City Response: Adjoining the St. Luke's gym property is the Federal Way Mission Church, which is located within a low density zone. Granting a variance would not be detrimental to the adjacent property because it is a church use, not a residential use. The Mission Church contains a building with similar nonconforming facade massing characteristics as the St. Luke's gym. Additionally, the gym is located in the middle of the church site, and receives minimal visibility from South 312th Street. The gym structure was built to conform to applicable county code standards of height, setbacks and facade modulation. The applicant has stated that it would be an economic hardship to 10 . eliminate building portions that are not in compliance with the FWCC. Criterion #4. "That the special circumstances of the subject properly are not the result of the actions of the owner of the subject properly." City Response: The St. Luke's gym was constructed in 1972 based upon a permit issued by King County. The existing building incorporates facade modulation elements that do not meet the code standards now in effect. These special circumstances are not the result of the property owner, because the building was designed to meet the standards of King County. 4. SIGNAGE Background - Signage standards for Churches, Synagogues or other places of worship in RS (residential single family) zoning districts are established in FWCC Article XVIII - Signs. On June 6, 1996, the Federal Way City Council revised the sign code by ordinance #95-235. The revision of the sign code standards occurred after this variance application was received. Accordingly, this application is vested to the previous sign code. FWCC section 22-635 requires sign category B for this church use. Sign category B is identified in FWCC section 22-1607(2), and permits wall mounted, marquee and pedestal signs. Changing messages are not permitted. The maximum number of category B signs is one sign for each street providing direct vehicular access to which the sign is orientated according to FWCC section 22-1608(2). The maximum permitted sign area for category B signs is thirty-two (32) feet per sign face. Pedestal signs shall conform to the standards of FWCC section 1618, plate 2, and shall not exceed five (5) feet in height. Each sign must be located on the same lot or property as its associated use and must be clear of sight obstructions per FWCC section 22-l605(a) and (b) (Exhibit I). Minor deviations from the dimensional standards for pedestal signs, except for maximum sign height, may be approved by the planning official if the resulting sign has a clear and substantial visual linkage to the ground pursuant to FWCC section 22-1618, Plate 2 - pedestal signs. The criteria of FWCC section 22-1606 (d) do not apply because this is a residential zone and not a commercial zone. The St. Luke's Church site contains three existing signs all which front South 3l2th Street. These signs are nonconforming for the reasons stated below: Sign #1- Sign at freestanding screen wall - This original church sign is located on a 20'- 7" wide freestanding screen, setback from the property line approximately 15 feet. The screen that the sign area is 11 " affixed to is exceeds ttie five foot maximum sign height by nine inches. The six inch tall "base" is six inches too short. The sign area, stated at 23 square feet, does not exceed the allowable sign area. Sign #2 - Sign at sanctuary near corner - According to site plans, this sign is located on the right-of-way in front of the existing sanctuary, and is not on the church property. The sign exceeds the maximum height by three inches. The sign face, stated at 50.6 square feet, exceeds the 32 square foot sign area minimum. Sign #3 - Daycare sign - According to site plans, this sign is located five feet onto the public right-of-way and is not on the church property. It is a two sided sign with 22.6 square feet of sign area. The sign exceeds the minimum sign height by three inches. The sign area total for these three existing signs is 96 square feet. The three signs exceed the maximum number of signs permitted to front South 312th Street. Two of these signs do not meet the minimum setback requirement. and are located on public the right-of-way. The three signs exceed the maximum sign height allowed by code. (Exhibit J). The application for the Master Plan includes a fourth sign proposed for the 6th Avenue South portion of the site. This lighted sign, proposed atop a seven (7) inch tall brick base, has a maximum height of four (4) feet. The sign area is proposed at 8.5 square feet. If the base is heightened one inch to eight (8) inches, this proposed sign will meet the intent of the pedestal sign standards of FWCC section 22-1618. St. Luke's Lutheran Church has requested a variance to retain the existing nonconforming signs at the site, and to install the pedestal sign. The City does not support this variance request to retain the three existing signs. The City supports the installation of the new sign if modified to meet the code standards of FWCC section 22-1618. Criterion #1. I/l1wt the variance will not constitute a grant of special privilege inconsistent with the limitations upon uses of other properlies in the vicinity and zone in which the subject propelty is located. " City Response: Approval of the variance request would be a grant of special privilege for this church. This number, size and location of existing signs is not extended to other Federal Way businesses (including churches). The City of Federal Way has regulated signage since incorporation. Generally, nonconformances are permitted until the year 2000, unless one of a number of 12 ~ thresholds are met. The incrcllse of floor area triggers the requirement that all signs be brought into conformance per FWCC section 22-335, Nonconforming signs. Criterion #2. "That the variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject properly to provide it with use rights and privileges allowed to other properties in the vicinity and zone in which the subject properly is located. " City Response: There are no special circumstances that make it necessary to grant a variance to these nonconforming signs. All of the messages that these existing signs contain are proposed for the sign on 6th A venue South. Building setbacks are available so that signs do not have to intrude into the public right- of-way. Other wall mounted or pedestals sign design options exist. The sign messages can be moved, combined or added to new sign bases. The sign #1 can be mounted to the wall behind the screen it now is affixed to. This would increase it's visibility and extend the life of the sign. Criterion #3. "That granting the variance will not be materially detrimental to the public welfare or injurious to the properly or improvements in the vicinity and zone in which the subject properly is located. " City Response: Granting the variance request for two of the nonconforming signs could be injurious to the public welfare. Sight distance from the intersection of South 312th Street and 6th Avenue South is compromised by existing signs #2 and #3. Both of these signs intrude into the regulated sight distance triangle identified in FWCC section 22-1152. Existing signs #2 and #3 are located within the public right-of-way, and the placement of these signs does impact vehicle visibility onto eastbound South 312th Street from 6th Avenue South. Criterion #4. "That the special circumstances of the subject propelty are not the result of the actions of the owner of the subject propelty. If City Response: The quantity of signs at the site, their location on and off the property and the nonconforming height and sign area of the existing signs are circumstances that are the result of the property owner. The applicant has not provided evidence that King County permitted the installation of the signs within the public right-of-way. The applicant has further demonstrated that the information contained in the three existing signs can be accommodated within one conforming sign. 13 ~ IX. HEARING EXAMINER PROCESS II DECISIONAL CRITERIA FOR THE V ARIANCE REQUESTS Pursuant to FWCC article VII, Process II review, the Hearing Examiner may, after consideration of the entire matter on record, issue a decision on the variance request with or without conditions, or a denial. FWCC section 22-443(c) contains the three decisional criteria used by the Hearing Examiner during Process II review. The decisional criteria and staff response for staff supported variance requests are contained in section A. Decisional criteria and staff response for variance request not supported by staff are in section B. A. V ARIANCE REQUESTS FOR REQUIRED YARD SETBACKS, PARKING LOT SETBACKS AND BUILDING FACADE DESIGN REQUIREMENTS: Clitelion #1. "It is consistent with the Comprehensive Plan. " City response: The City of Federal Way interim 1990 Comprehensive Plan (FWCP) (the plan under which this application is vested) contains several elements related to Land Use to help guide the orderly growth and development of the City. The comprehensive plan is used, among other documents, as a basis for implementing regulations such as zoning and the State Environmental Policy Act (SEPA). Pursuant to FWCC Section 22-366, if the proposal requires approval through processes I, II or III, the site plan review conducted under this article will be put in writing and form the basis of or be an exhibit to the staff report to the hearing examiner under process III. A Site Plan Review approval letter and findings are attached (Exhibit D). According to the Comprehensive Plan Map, the comprehensive plan designation for the site is Suburban Residential. The existing sanctuary with supporting structures and the variance requests to the required yard setbacks, parking lot setbacks and building facade design requirements have been reviewed for conformance with all land use elements of the FWCP. Clitelion #2. "It is consistent with all applicable provisions of the Code, including those adopted by reference from the Comprehensive Plan. " City response: Development of the site is required to comply with provisions of the Federal Way Environmental Policy section, Federal Way City Code and other applicable development codes and regulations. The City's Department of Community Development Committee reviewed the variance requests to the 14 - required yard setbacks, parking lot setbacks and building facade design requirements in relation to these development codes and regulations The variance requires were found to be consistent with the applicable codes and regulations. Criterion #3. "It is consistent with the public health, safety and welfare. " City response: Approval of the variance requests will not impact public health, safety or welfare. If approved, the existing sanctuary and the supporting buildings will be consistent with all applicable city state and local public health and safety regulations. B. V ARIANCE REQUEST FOR EXISTING SIGNS Criterion #1. "It is consistent with the Comprehensive Plan. " City Response: The City of Federal Way Comprehensive Plan (FWCP) contains several elements related to Land Use to help guide the orderly growth and development of the City. The comprehensive plan is used, in conjunction with other documents, as a basis for implementing regulations such as zoning and the State Environmental Policy Act (SEPA). According to the interim 1990 Comprehensive Plan Map, the comprehensive plan designation for the site is Suburban Residential (SR). The variance request to retain the existing nonconforming signs has been reviewed for conformance with all land use elements of the FWCP, including. Policy H-23: Allow supporting services and facilities in residential zones such as schools, daycare and churches, provided the scale and uses are compatible with adjacent neighborhoods. The variance request to retain the nonconforming signs does not meet this Comprehensive Plan policy because the signs quantity and locations are not compatible with the adjacent neighborhood. In addition, the placement of non- traffic signs within the public right-of-way creates unsafe driving conditions and is prohibited by code. The quantity of signs presents a visual distraction which detracts from the residential aspects of the neighborhood, where signage is regulated. Criterion #2. "[t is consistent with all applicable provisions of the Code, including those adopted by reference from the Comprehensive Plan. " City response: Development of the site is required to comply with provisions 15 .. X. of the Federal Way Environmental Policy section, Federal Way City Code and other applicable development codes and regulations. The city's Department of Community Development Committee reviewed the variance request for signs in relation to these development codes and regulations. The sign variance request would not comply with applicable codes and regulations because of nonconforming sign quantity, height and location, unless granted approval by the Hearing Examiner. Criterion #3. "It is consistent with the public health, safety and welfare. " City Response: The variance request for approval of the nonconforming signage will be inconsistent with the public health, safety and welfare because the placement of non-traffic signs within the public right-of-way creates unsafe driving conditions, and the quantity of signs presents a visual distraction within the residential neighborhood. The nonconforming signs will not meet all applicable city and local public safety regulations if granted variance approval. HEARING EXAMINER PROCESS II AND CITY COUNCIL PROCESS III DECISIONAL CRITERIA REOUIRED BY FWCC SECTION 22-443 FOR THE MASTER PLAN APPROVAL A. Procedure - Pursuant to Federal Way City Code (FWCC) section 22-635, Churches, Synagogues or Other Places of Religious Worship, church uses are permitted in the RS zoning district subject to the provisions of FWCC section 22-635. Note 2 of FWCC section 22-635 states that if the subject property, along with any contiguous area intended for future use for the religious activities or related purposes is more than five acres, the use must obtain a master plan approved through Process III. The master plan must show the ultimate development of the site including all building, parking and circulation areas, other major improvements and buffers. The St. Luke's Lutheran Church site consists of two lots with 226,130 square feet, or 5.2 acres in size. Therefore, master plan approval of the sanctuary and office expansion, parking lot reconfiguration and remodeling requires approval through Process Ill. B. Master Plan Approval Components - St. Luke's Lutheran Church has proposed a phased expansion to the site. Phase I elements are the basis for this master plan approval. Phase II application is scheduled for approximately five to seven years from the completion date of Phase I as funds become available. Phase II is not part of this application request and is shown for illustrative purposes only as required by FWCC section 22-635, note 2. Work in the gym is not proposed with either phase. Phase I consists of the following elements: 16 ~ . Demolition of a 2,390 square foot residential building (presently used for daycare center) and a 2,590 square foot portion of the existing sanctuary building. . Construction of a 12,850 square foot new sanctuary building with, classrooms and related spaces connecting to the existing sanctuary building. . Renovation of the 8,235 square foot existing sanctuary building and 4,495 square foot original building for additional office and classroom spaces. . Parking will be decreased from 154 to 145 stalls. . Perimeter and interior parking lot landscaping will be installed. . One new sign will be installed. C. Decisional Criteria - Following the public hearing, the Hearing Examiner may, after consideration of the entire matter on record, recommend approval of the proposed action if the decisional criteria of FWCC section 22-490(d) are met. This recommendation is forwarded to the Federal Way City Council for final action. The decisional criteria and staff response for master plan approval follow: Criterion #1. "It is consistent with the Comprehensive Plan. " City Response: The interim 1990City of Federal Way Comprehensive Plan (FWCP) (under which this project is vested) contains several elements related to Land Use to help guide the orderly growth and development of the City. The comprehensive plan is used, among other documents, as a basis for implementing regulations such as zoning and the State Environmental Policy Act (SEPA). Pursuant to FWCC Section 22-366, if the proposal requires approval through processes III, the site plan review conducted under this article will be put in writing and form the basis of or be an exhibit to the staff report to the hearing examiner under process III. A Site Plan Review approval letter and findings are attached (Exhibit D). According to the Comprehensive Plan Map, the land use designation for the site is Suburban Residential. The master plan proposal has been reviewed for conformance with all elements of the FWCP and is consistent with the stated policies and goals. Criterion #2. "It is consistent with all applicable provisions of the Code, including those adopted by reference from the Comprehensive Plan. " 17 ' XI. City response: Development1)f the site is required to comply with provisions of the Federal Way Environmental Policy section, Federal Way City Code and other applicable development codes and regulations. The project was reviewed in relation to these development codes and regulations. The master plan application will comply with the Federal Way Comprehensive Plan, the code standards of FWCC section 22-635 and all other applicable city regulations, provided the process II variance requests are approved by the Federal Way Hearing Examiner or the existing nonconforming elements are modified to meet the FWCC. Criterion #3. "It is consistent with the public health, safety and welfare. " City response: With the exception of the existing signage, the master plan application will not impact public health, safety and welfare. All applicable city state and local public health and safety regulations will be met prior to the issuance of a Certificate of Occupancy (CO). FINDINGS OF FACT AND CONCLUSIONS Based on an analysis of the proposed actions, the environmental record and related decisional criteria, the Department of Community Development Services tinds that: 1. Existing zoning for the subject site is Residential Single Family (RS 7.2). Churches are permitted uses in RS zoning districts pursuant to FWCC section 22-635. 2. The 1990 interim Federal Way Comprehensive Plan (FWCP) designation for the site is Suburban Residential. 3. The applicant proposes to demolish a residential building (presently used for daycare center) and a portion of the existing sanctuary building in preparation of a two phased redevelopment project. This application deals only with phase I. During phase I, a new sanctuary with classrooms and related spaces connecting to the existing sanctuary building will be constructed. The existing sanctuary building and original building are to be renovated for additional office and classroom spaces. Parking will be decreased from 154 to 145 stalls. 4. Existing uses at the site are the church, a daycare and preschool, and related activities. The full site consists of 188,450 square foot main site and a parking lot on an adjacent 37,680 square foot parcel, for a total of 226,130 square feet or 5.2 acres. All development activity is to occur on the main sileo Surrounding uses are single family residential homes and church uses. The 18 ~ 9. proposed use is compatible with the existing land uses in the vicinity. 5. A Determination of Nonsignificance (DNS) was issued for the variance requests and Master Plan Approval on November 7, 1995, with the comments and appeal date ending on December 7, 1995. No comments or appeals were received. The final staff evaluation for Environmental Checklist, Federal Way Application number SEP 95-0011 is hereby incorporated by reference as though set forth in full. 6. Public access to the main site is via South 312th Street and 6th Avenue South. South 312th is an classified as a Principal Arterial Street, and the church site meets the criteria of FWCC section 22-635, note 4. 7. With expansion of gross floor area, nonconforming perimeter landscaping, parking minimums, required yard setbacks and signage must be brought into conformance unless a variance is approved. A variance request has been received with the site plan application and is being processed under Process II. In the event that the variance requests are not approved, the nonconforming elements of the site must be brought into conformance with the standards of the FWCC. 8. The applicant has provided copies of King County approved permits for the first St. Luke's Lutheran Church, built in 1956 at this location, an addition/expansion in 1963, and multi-purpose building built in 1972. (This is now called the gym.) The applicant provided information relating to the 1986 dedication of twelve feet of church property along South 312th Street to King County for road widening purposes. A fifty stall parking lot addition was approved in 1993 by the City of Federal Way. Note 2 of FWCC Section 22-635 states that if the subject property, along with any contiguous area intended for future use for the religious activities or related purposes is more than five acres, the use must obtain a master plan approved through Process III. The master plan must show the ultimate development of the site including all building, parking and circulation areas, other major improvements and buffers. 10. The city has conducted an analysis of the required decisional criteria for the variance requests to existing site elements pursuant to FWCC section 22-198. This analysis is incorporated here by reference as findings as though set forth in full. II. Development of the site in conformance with the Federal Way Comprehensive Plan and all other applicable codes and regulations will ensure that the interest of the public's health, safety and welfare are protected. 19 ~ XI. E. RECOMMENDA TIONS A. Master Plan phase I Upon review of this application, the environmental determination of nonsignilïcance and pertinent decisional criteria, the Department of Community development Services recommends APPROVAL of the Master Plan phase I improvements. B. Variance request to the building setbacks Upon review of this application, the environmental determination of nonsignificance and pertinent decisional criteria, the Department of Community Development Services recommends APPROV AL of the variance request to the required building setbacks. c. Variance request to the required parking lot setbacks Upon review of this application, the environmental determination of nonsignificance and pertinent decisional criteria, the Department of Community development Services recommends APPROVAL of the- variance request to required parking lot setbacks. D. Variance request to building facade design standards Upon review of this application, the environmental determination of nonsignificance and pertinent decisional criteria, the Department of Community development Services recommends APPROVAL of the variance request to the building facade design standards. Variance request for existing signs Upon review of this application, the environmental determination of nonsignificance and pertinent decisional criteria, the Department of Community Development Services recommends DENIAL of the variance request for the existing signs. Transmitted to parties listed hereafter: * * Federal Way Hearing Examiner Stephen Hammer Gabbert Browleit Peterson Architects, P.S. 6920 220th SW, Suite 200 Mountlake Terrace, W A 98043 * Dr. Pastor Victor Hippe St. Lukes Lutheran Church 515 South 3l2th Street Federal Way, WA 98003 20 , ì=-. ¡ --- - --- - - - --- ,;;, ,00, öÇ, - - --- --- - - - - - "", -.r: ~ g - - - ;3 ~ ). ~ , m ~~ i', z ::' . 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'0 7 :, A~H' )' _ADD!\ÊSSOF ~~~,EA!" 44- J~- PARKING DRAINAGE CURBING APPROACHES BOND forAl 0 ----- I FC2D :::W:WL SAM,'>.) -'~----- ~Y_ÜH'~ULlC CON~: :I~~~S - ,,------_: -- J - / j " \;()ÑTH:,ë'T-jji~::¡_.\"-;¡Ê --- ,.Ç-'~ri¡El;I:;ï'lïAr¡Òr¡ .---n- --- -- " 1 ,j j ! -1Þr--~-.Y¡fá/_U,~;, ,.Jk~; -,' - ,-.- ,Ù{;;>åii;, -xdkt:, i;-PU.C:_,,~~ ': ;~ B;~;'~~~~~~~ o,:~á, ¡Iii PLANREVIEW -;¡:J.'fJt:J .i~~-;;!':<;,{ MECHANICAL" :, '8;:cG>{~~~{t FIRE PLAce r:'::"'- DEMOLITION:'::,:. - BOND "--ÒECK- ~ "3 6'- ëOVERED COM. .OF COM;l'"ò~TÃL; PATIO STORIES AREA' MECHANICAL P L A N FEES _.l.OO- PER'MIT FEE -- ",,: -------- R E V I E W PLAN,TO PUB. WORKS - ' ~T . RE TUTED PLAN TO HEALTH .!..-S[n- A-~1v-l¡:¡ffo ,r.--ß~W ----- ---1/ ----.. 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I I"~:'-;" ',' }\,IVI,"'III(,),. I "",!';,, -;' '~I"" 11~"~\.',~r - ..-..- ,,',' , " .' I ~I"!fI<' V,\LID,\::(')N '¡"..-L.LI ,v; " .. - . t.u.Uv '" ,:',~:"'s'~ ,,: ;;;~;~Œ 'j, ~ ~ f~- ~l~ ~ ;-;; '~:--;I;- __è~~;~? :~I:i ~~ R -;¿ iJ'~:; ,¡ ~ '/- ¿,j r' ., I ' '", ,." ,,~, '?'f~+';, 'I":~'~-~r'i' =.J-m... ,-,-,.. '~ ,," ,:"(1 ,_J /,'~-, -:t~ 0" W~ ~~ -"" -, é¡',,'P;': ;..-.'.. ";¡i~~'-;;;-~-, t,,:,;,~~i~~~~~;~r :'~~~;IGr.n~)i!!:~5'!í-,_" -, "'/1 ~=-=.., , ." -, -- 1.:.- - ~',- --, -..-".r.___._..l"',/ (f!:_v~~-PI'9()~~.:-~~-:---:~-:1~'~~'~~'~i:t~,~, OU¡(:'1"':IU;_...J,!f_,~_._r-.~,!-"- "-""-"- '_'__n_,n '-" -, ,-.---..-..-, -..... --..,.. n'--" .--' ,- ---.{.,t., -_.._-~~~_._- ~: ¡S~~r:1 , , "J.: .".. ---- _m -----:-¡;;:"; --- '- 'OCt-- 'T.~;,:;;,:":" :foj: -~'~ ~ ~,~ ICun.. ¡(¡","" '\:-'uml,""', ,::::-:,,", ".' ~ ;. ,-, 'Td'~-'a-':;~"/?~"",;f -1¿~ ~~~ >- ,','~~,i )r~~.~"";',~~ ,~,,":;~;:;"~ '7 ;,/-~4-"-"" ~_'.L- -' -J "".' ',r " h ~, , ,",' ,~!-' I "~ ,,' ;?' 1"',;b$C~:'~ ',; I 5CHOOI:ÓIST:&></ tJ CENSÙSTRi\C.;..J &;¿-:';~c~"'-:'T , ' r I I ! ì I ì i, i' Z~~=;jç-'~ à,:=.';¿;'~': =. ¡::~,usel-/L.o'/11 ',~r9/¿JtJlVl1'W ' ¡ ~!~' , - , ;, ! - PARKING STALLS PERMIT FEE FURNACE FEES - '55,00 c... , VALUAJ}òN:, FEE OIST,R!BUTI,q~" , b;~;jø. OlE,. .'., ",' > "', , BASEMÊÑT " , ~v¡;ÄËÕ ëõM-:-T6F CÕM.fIYTÄl', PA no STORIES:" AREA , MECHANICAL ------ aul LDING PLAN AEVlèvv' MECHANICAL FIRE PLACE DEMOLITION BONO .', " ---- R~QUIIlED SHOWN ----.- R E v I E W ---- .------..,---- _...- PLAN TO PUB.'WOR KS --.c.-,- -,-,-~...: SENT HETI,IANED I .----,', , , ,-----_. - ..-- -.----- '-- A G E N C F. i30ND TOTAl ¡.i'PHO'![O' --""---' ~~;~;,f,',", ~~;~z~(.r ....".,.,...,."..",.,...:c.. , w:~}:~\',' . ¡.f"!èXJ;' I . \ ¡ I i ~~~~-=-I ;~-~;~- -----, - ;¡¡~--;4 LAND USE MANAGEMENT I STATE PLAT, I'Uf), VARIANCE "--.----:----.,- _I ~i',~r~,~f "-----...--.--.-- -..-------- _.~THE~ --=-~==--=--~~~~-~:'-~-.=~~~-=-~.rl ------- -----H"EA L TH --'---'---' OHD 1700 K,E,P,A. I --~--~-_._._--- c:.¡ ÿ~"¡'r ¡ ilY. ! .... f ',; :~, i. --- ! /' ¡ ;~, r...--' :; 1-...,--.-..-------. .- , ! ,!}---'" / ---l.----.-----,u_--,,--- -,_nu__L_______n__--_dn, - " d'___' - --____.-n,____- PLAN TO HEALTH __SE¡'¡r:--- iïEruRNEO TOTAL 0 T H E R PUBLIC WORKS PARKING DRAINAGE ---'--- CURBING APPROACHES FC:>O ("W"WL SAMAr HYDHAUlIC CONDITIONS ! ';r:n,'; ,n , _no -- Lu " - ~ ,,// '-"'./ '-7 " ,~, -.--..,,--, , _..",----- ',;6,'ij,ÎÄ":',,n;',.",I .. , , ,.. c,.. ¡ iI.' I ¡¡;'. .. "i" H.' " , Jl,O!)HL 5$ f(~'H; Ct.".!!\;', BUI L¡)I~,!\; r" U.,,-:C, :)1: './f: :(:;:,""-U'Jí DIVL;:O¡"J , : ,:,;. : ¡', "', , ." ICEI;I:,"I:I:,(I","',;"""<":";",,,,,,,',I'-'" ,\NO ~'i,;r rH~ ,::""''?':~,[Lf -;11,,; ,"',',!- . ,{,:/ ... 'I..Z',< /.., > " I ,c ,.r:," " ;, ~ ' \/"~, éJ\""';"" ,".,"1 ~I"",;, ';1:< ,; . ..,' , -"r"',.",') ,~/ '" ','~t~ ,'-:T '~". ~ E" -tBI,.",.~~~ PÂCE~ÖF~'" --f' ,;u¡,.. c." ',' C," , ' '. .; ~ ,~, ' ¡" ",;~"",:':,l<"""""" /.."Â -, " ; Vf -,t! .'~ /) - / /.J, ., ,,<-,,""" ,.,-:, 'f:-':'",", ED ERAL... ~ 33530 1ST WAY SOUTH (206) 661-4000 FEDERAL WAY, WA 98003-6210 March 12, 1996 Dr. Pastor Victor Hippe St Luke's Lutheran Church 515 South 312th Street Federal Way, W A 98003 Mr. Stephen Hammer Gabbert Browleit Peterson Architects, P .S. 6920 220th SW, Suite 200 Mountlake Terrace, W A 98043 RE: SPR 95-0011 - SITE PLAN APPRO V AL FOR PHASE I ST. LUKE1S LUTHERAN CHURCH EXPANSION 515 SOUTH 312TH STREET FEDERAL WAY, WA Gentlemen: . The City of Federal Way has completed the administrative review of the phase I demolition, building additions, and parking lot reconfiguration to the St. Luke's Lutheran Church. The site plan application submitted on April 6, 1995, and revisions submitted on July 20, 1995, and March 5, 1996, is hereby approved per the attached Findings For Site Plan Approval subject to the Master Plan process III determination by the Federal Way City Council. The reminder of this letter outlines future review processes required, gives a brief summary of the process under the State Environmental Policy Act (SEP A) to date, and outlines procedure relating to appeals, requests for reconsideration and approval periods as they relate to site plan approval. Also included is a partial list of building permit requirements. Additional requirements will be provided as city departments review the building permit. Review Processes Required The site is zoned RS 7.2 (Single family residential). The church is a permitted use subject to the provisions of Federal Way City Code (FWCC) 22-635, Churches, Synagogues or Other Places of Religious Worship. As the church site is more than five acres in size, the proposed expansion must obtain master plan approved through Process III, pursuant to note 2 of FWCC section 22-635. With expansion of gross floor area, nonconforming perimeter landscaping, parking minimums, required yard setbacks and signage must be brought into conformance EYL~~81T b PAGE.-L- OF ~..\ Dr. Pastor Victor Hippe Mr. Stephen Hammer March 12, 1996 Page 2 JI unless a variance is approved. A variance request has been received with the site plan application and will be processed with the Hearing Examiner under process II. Under process III review, the proposed master plan development requires final approval by the Federal Way City Council. This site plan review decision, which is an administrative one, is considered a recommendation to the Hearing Examiner, who will forward a recommendation to the City Council. Therefore, this decision is required by the FWCC to be incorporated into the staff report prepared for Hearing Examiner review. Site plan approval does not grant license to begin any type of site work. A staff report addressing the relevant process II and process ill criteria for the project is being prepared for the city's Hearing Examiner. A public hearing before the Hearing Examiner has been scheduled for March 19, 1996, at 2:00 p.m. in the Council Chambers. ,- SEP A Process The responsible official of the City of Federal Way issued a Determination of Non-significance on November 7, 1995 pursuant to the State Environmental Policy Act (File No: SEP 95- 0011). The comment and appeal period for this determination was completed on December 7, 1995, with no corrections to the City's initial determination. Partial List of Building Permit Conditions The following conditions are established through the City's building permit review process. These conditions must be addressed prior to issuance of any permits in conjunction with the project. 1. A final landscape plan that meets the requirements of FWCC Article XVII - Landscaping must be submitted with the building permit. In particular, FWCC section 22-1570, Landscape modification options must be addressed. The landscape plan must be approved before the building permit may be issued. All required landscaping must be installed based on the approved plans before the certificate of occupancy can be issued. 2. Half street improvements for the portions of property fronting the west side of 6th Avenue South are required with the expansion of the church. The improvements include 20 feet of pavement measured from the center of the existing right-of-way, vertical curb and gutter, a five and one half (5.5) foot wide landscaping strip, a five (5) foot sidewalk, street trees at thirty (30) feet on b OF ~õ>¡ F'~J-flBIT PAGE 2.- Dr. Pastor Victor Hippe Mr. Stephen Hammer March 12, 1996 Page 3 ¡: center and associated storm drainage facilities. These improvements must be installed before a certificate of occupancy can be issued. 3. The runoff from the west parking lot must be controlled though the installation of an oil water separator before it discharges into the swale, and by the installation of vertical curbing around the perimeter of the asphalt area. 4. Water main extensions are required to provide for two additional fire hydrants required by the Uniform Fire Code (UFC). In a February 9, 1996 letter, Lakehaven Utility District has approved connection in 6th Avenue South subject to the following conditions: a. All six (6) inch water main shall be abandoned and eight (8) inch water main shall be installed in accordance with the District's standards. -- b. The applicant's engineer shall provide calculations confmning that fIre flow will meet or exceed the level required by the Fire Department. 5. With the relocation of the daycare program to the gym building, the King County Fire Marshal's office has indicated that the second floor of the gym is not to be used by daycare and pre-school children under Grade 2, unless the gym building is sprinklered. Procedural Information Unless modified or appealed, this site plan approval for phase I is valid for a period of one (1) year from the date of the decision. If no further action is taken within one (1) year of the decision, the decision will expire. A one year extension may be granted only if a wptten request is submitted to the City Department of Community Development Services, 33530 1st Way South, Federal Way, WA 98003, at least 30 days prior to the expiration of the decision. This decision may be appealed by any person who received a copy of this decision. The appeal must be in the form of a letter delivered to the Department of Community Development Services, 33530 1st Way South, Federal Way, W A, and be accompanied by the established fee, within fourteen (14) calendar days after issuance of the decision. The appeal letter must contain a clear reference to the matter being appealed and a statement of the factual findings and conclusions of the Director of Community Development disputed by the person filing the appeal. A request for reconsideration of this decision may also be filed by any person who received a copy of the decision, witrun fourteen (14) calendar days after issuance of the decision. D OF " EXHIBIT PAGE ~ -_,H-:) Dr. Pastor Victor Hippe Mr. Stephen Hammer March 12, 1996 Page 4 ./ This decision shall not waive compliance with future City of Federal Way codes, policies and standards relating to this development. Also, be advised that various performance and maintenance bonds may be required for the project. Any bonds or other agreements as . required must be completed prior to issuance of any related construction permits. A cash deposit is also required to cover the City's potential expenses, if necessary, for obtaining and using the proceeds of any bond. The cash deposit shall be posted for up to 5% ($100 minimum) prior to building permit issuance. The cash deposit will be refunded following satisfactory completion of all bond requirements. If you have any questions regarding this decision, please contact Deb Barker, Associate Planner, at 661-4103. Sincerely, ()~ re, AICP ommunity Development Services enc: fmdings for siw plan approval Approved siw plan c: Kathy McClung, Deputy Director, CDS Greg Fewins, Principal Planner Deb Barker, AssocÎAw P1anner Stephen Clifton, Public Works Development Services Man.gcr Dick Mumma, Building Official Greg Brozek, King County Fire District Mary CosSCUC, Lakcbaven Utility District FILE sp r\churchcs \stlukcs \app roy al.1trt EXHIBIT 'D PAGEX OF ~: .. ST. LUKE'S LUTHERAN CHURCH FINDINGS OF FACT FOR PHASE I - SITE PLAN APPROVAL (File No. SPR 95-0011) The following are findings for recommending Site Plan approval for the St. Luke's Lutheran Church master plan phase 1. 1. The zoning for the subject site at 515 South 312th Street, is Residential Single Family (RS 7.2). Chu"rches are permitted uses in RS zoning districts pursuant to Fcderal Way City Code (FWCC) section 22-635. 2. The 1990 interim Federal Way Comprehensive Plan designation (to which the project is vested) is Suburban Residential (SR). 3. The applicant proposes to demolish a 2,390 square foot residential building (presently used for daycare) and a 2,590 square foot portion of the existing sanctuary building. In phase I of the development activity, a 12,850 square foot sanctuary, classrooms and related spaces connecting to the existing building will be constructed. The 8,235 square foot sanctuary building and 4,495 square foot original building will be renovated and the parking lot reduced from 154 stalls to 143 stalls (Exhibit A). 4. The applicant proposes work on the site in two phases. This application request concerns only the elements identified in phase I. Phase II is scheduled approximately, five to seven years from the completion date of phase I and consists of Master Plan approval, the addition of ninety (90) parking stalls on the southern portion of the site for a total of 234 parking stalls (a parking study will be required), interior parking lot landscaping and perimeter lot landscaping, a wetpond within 100 foot wetland setbacks, and associated review of wetland setback intrusions through process 11 (based on current codes). Because Process III approval expires in tìve years from the date of approval, phase II improvements are shown for illustrative purposes only, and will require approval prior to construction based on the codes in effect at that time. 5. Note 2 of FWCC Section 22-635 states that if the subject property, along with any contiguous area intended for future use for the religious activities or related purposes is more than five acres, the use must obtain a master plan approved through Process III. The master plan must show the ultimate development of the site including all building, parking and circulation areas, other major improvements and buffers. 6. Existing uses at the site are the church, a daycare and preschool, and related activities. The site consists of 188,450 square foot main site and a parking lot on 37,680. All development activity is to occur on the main site. ['HI BIT D PhC~~ OF ~_I 7. 8. 9. 10. 13. 14. Access to the main site is via South~12th Street and 6th Avenue South (Exhibit B). South 312th is an classified as a principal arterial Street, and the church site meets the criteria of FWCC section 22-635, note 4, which states lhat the property must front along an arterial right-of-way. The steepest slopes on the subject site are 27 percent in the southwest portion of the site. There is no development proposed within these areas. Approximately 45 percent of the site will be covered with impervious surfaces, which will not exceed the 75 % lot coverage maximum of FWCC section 22-635. FWCC section 22-635 requires one parking stall for every five seats in the principal worship area. The expanded sanctuary is proposed to seat 691 persons, and 139 parking stalls must be provided. There are 154 existing stalls. Phase I will decrease the parking stalls to 143. Of these stalls, 103 will be full size, thirty-five will be compact, four will be handicapped with one van stall provided. 11. The site contains a linear shaped forested wetland on the south west corner. No impacts to the wetland or the 100 foot setbacks are proposed with this project. During phase II, a wetpond is proposed to intrude into regulated wetland setbacks. Such ; intrusions will be regulated by FWCC in effect at the time of Phase II application. 12. With expansion of gross floor area, nonconforming perimeter landscaping, parking minimums, required yard setbacks and signage must be brought into conformance unless a variance is approved. A variance request has been received with the site plan application and will be processed with the Hearing Examiner under process II. In the event that the variances are not approved, the nonconforming elements of the site must be brought into conformance with the FWCC. The applicant has provided permit copies to document the following: the first St. Luke's Lutheran Church was built in 1956 at this location. It consisted of a 4,495 square foot sanctuary and a residential structure used as a parsonage. In 1963, King County approved the first addition/expansion at the site of an 8235 square foot sanctuary building at the northeast corner of the site. The older building was later converted to offices. A multi-purpose building south of the oldest building was built in 1972. (This is now called the gym.) In 1976, King County approved conversion of the parsonage to a daycare center. In 1986, 5t Luke's Lutheran Church dedicated twelve feet of land along South 312th Street to King County for road widening purposes. The City of Federal Way approved a fifty stall parking lot addition on parcels east of church site on February 22, 1993 under SPR 92-0015. One 2,390 square foot residential structure that is presently used as a day care center will be demolished, as will 2,590 square feet of the existing sanctuary. The daycare program will be relocated to the gym building. The King County Fire Marshal's office has indicated that the second floor of the gym is not to be used by daycare and pre-school children under Grade 2, unless the gym building is sprinklered. EXHIBJTD PACS fo - OF "--J 18. 19. 20. 21. 15. In an October 26, 1995 memorandum, the applicant proposes approximately 1,083 cubic yards of fill and 1,224 cubic yards of excavation for the project. 16. Any erosion related impacts during clearing and construction will be mitigated by implementing a Temporary Erosion/Sedimentation Control (TESC) plan to be reviewed and approved by the City of Federal Way before a building permit may be issued. 17. As with all paved, developed areas, the site will contribute some pollutants to ground and surface waters by means of storm water running across the site. No detention is required for the Phase I sanctuary addition based on the level I drainage analysis. Runoff from the existing parking areas will go through a biofiltration swale and an oil water separator before entering the existing wetland. An oil-water separator, on-site bio-swale and wetpond are proposed for phase II development to bring the site into compliance with water quality standards. All pervious area will be required to be landscaped according to Federal Way City Code (FWCC). A partial preliminary landscaping plan was submitted on April 6, 1995. A full site preliminary landscaping plan and letter outlining modification requests was received on January 31, 1996. The request was ~or elimination of the buffer landscaping requirements on the north side of the site, and reduction of the landscaping elements of the west and east buffer components. The landscape modification is not approved because the applicant has not demonstrated that the criteria of landscape modification have been met. A final landscape plan, based on the approved site plan dated March 4, 1996, and which meets the criteria of FWCC section 22-1570 (Landscape modification options) shall be submitted before the building permit may be issued. A traffic study was prepared by TDA, Inc. on March 28, 1995 for the church expansion. According to the study, the proposal will generate 22 new vehicle trips per weekday p.m. peak hour trips, (12 inbound and 10 outbound), with 109 new trips to occur in the Sunday peak hour. City traffic staff concluded that no pro-rata share contribution is required based on the fact that there are no planned improvements to which the project will contribute 10 or more pm peak hour trips, and the weekend Levels of Service (LOS) at affected intersections is satisfactory. A modification to the right-of-way standards for the east side of 6th A venue South was approved on January 3, 1995 by the Federal Way Public Works Department. Half street improvements for the portions of property fronting the west side of 6th Avenue South are required with the expansion of the church. The improvements include 20 feet of pavement measured from the center of the existing right-of-way, vertical curb and gutter, a five and one half (5.5) foot wide landscaping strip, a five (5) foot sidewalk, street trees at thirty (30) feet on center and associated storm drainage facilities. A DNS was issued on November 7, 1995, ..with the comments and appeal date ending EXHIBIT 1) PAGE -:J- _OF-9 22. 23. 24. 25. 26. 27. 28. on December 7, 1995. No comment§or appeals were received. The final staff evaluation for Environmental Checklist, Federal Way Application number SEP 95-0011 is hereby incorporated by reference as though set forth in full. The new sanctuary will conform to thirty (30) foot side yard setbacks of the FWCC. The reconfigured parking lot on the south side will be setback fifteen (15) feet from the side property line in conformance with FWCC section 22-635, note 6. The new sanctuary building height shall not exceed thirty (30) feet above the average building elevation in conformance with FWCC section 22-635, Building Height as demonstrated in the site plan and elevations dated March 4, 1996. The bell tower which exceeds the permitted building height is to be removed. Note 5 of FWCC section 22-635 states that if any portion of a structure is within 100 feet of a low density zone, then either: a. The height of that structure shall not exceed 15 feet above average building elevation; or b. The facade of that portion of the structure parallel to the low density zone shall not exceed 50 feet in length. As demonstrated in the site plan and elevations dated March 4, 1996, the sanctuary addition within 100 feet of a low density zone will not exceed fifteen (15) feet above average building elevation. The site is located in the center of the city. Urban utilities and services serve the site. Current uses if the surrounding area include the following: North: South 312th Street, Residential Single Family South: Church Use East: 6th Avenue South, Parking lot addition and Residential Single family. Church Use. West: Water main extensions are required to provide for two additional fire hydrants required by the Uniform Fire Code (UFC). In a February 9, 1996 letter. Lakehaven Utility District has approved connection in 6th A venue South subject to the following conditions: a. All six (6) inch water main shall be abandoned and eight(8) inch water main shall be installed in accordance with the District's standards. b. The applicant's engineer shall provide calculations confirming that fire flow will meet or exceed the level required by the Fire Department. The proposal embodies good design principles that will not conflict with adjacent uses in the immediate area. E)(HrBIT 1) PAGE--£OF- qi ~""::> 29. The proposed site plan was revieweâ to ensure conformance with the zoning code and optimal location and con figuration of access to the subject property. 30. The proposed site plan, application and application attachments have been reviewed for compliance with the Federal Way Comprehensive Plan, pertinent zoning regulations and all other applicable city regulations. 31. The proposed development is consistent with Site Plan Review decisional criteria required under section 22-364, Purposes of review, of the Federal Way City Code. 32. The findings for site plan approval for SPR 95-0011 are hereby incorporated as an exhibit to process III as though set forth in full pursuant to FWCC section 22-366. Conclusions: The proposed site plan and application have been reviewed for compliance with Federal Way Comprehensive Plan, pertinent zoning regulations and all other applicable City regulations. Final construction drawings will be reviewed for compliance with specific regulations, conditions of approval and applicable City requirements. This decision shall not waive compliance with future City of Federal y codes, policies and standards relating to th is decision. Approved: ; Prepared by: Deb Barker, Associate Planner Date: March 12, 1996 Exhibits: Approved Site plan EXHIBIT 1) PAGE~ OF -Ð , CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33530 1st Way South Federal Way, WA 98003 (206) 661-4118 State Environmental Policy Act Determination of Non-significance St. Luke's Lutheran Church Expansion Federal Way File No: SEP 95-0011 Related File No.s: SPR 95-0011, UPR 95-0009 Description of Proposal: Applicant proposes to demolish several existing structures and construct a larger sanctuary, classrooms and related spaces, remodel existing buildings and expand the parking area through Master Plan Approval under the City's Use Process III. Proponent: Gabbert Browleit Peterson Architects, P.S. for St. Luke's Lutheran Church 6920 220th SW, Suite 200 Mountlake Terrace, W A 98043 Contact: Stephen Hammer Phone: (206) 774-4701 Location: 515 South 312th Street, Federal Way, W A 98003 Lead Agency: City of Federal Way City Conta.ct: Deb Barker Associate Planner, 661-4103 The responsible Official of the City of Federal Way hereby makes the following decisions based upon impacts identified in the environmental checklist, the Federal Way Comprehensive Plan, the final staff evaluation for this action, and other municipal policies, plans, rules, and regulations designated as a basis for exercise of substantive authority under the Washington State Environmental Policy Act Rules pursuant to R.C.W. 43.31C.060. 1. The lead agency for this proposal has determined that it does not have probable EXHIBIT ~ PAG E~ OF ~-~-- significant adverse impact on the envÌfonment, and an Environmental Impact Statement (EIS) is not required under R.C.W. 43.21C.032(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for 15 days from the date of issuance. Comments must be submitted by 5:00 p.m. on November 22. 1995 Unless modified by the City, this determination will become final following the above comment deadline. Any person aggrieved of the City's final determination may file an appeal with the City within 14 days of the above comment deadline. Responsible Official: Gregory D. Moore, AICP Position/Title: Director of Community Development Services Address: 33530 First Way South, Federal Way, WA 98003 Date Issued: November 7. 1995 Signature: . . Vicinity Map F OF ?J_~ E.XJ-HSfT F-ÄCS 2. CF1 = 8: (þ ~ ~ en ~. ~ (þ '(J'> :'::¡ ~rn '-0 r p. z - i ; ~ I ~~ I I 'S '; I . ~ 11i J12!h STR£(\ t e t. I; ~ IBBb)~ltSL~i~c I~--'B- PAGË ~ ,oF ~ J . ,., ..... ,þ. ..... 0) t>:> ~m Ç) >< rn I r-~ ~I~ E~ - C/) C "0 l' Z ? Sec. 22-635. Churches, etc. The following uses shall be permitted in the single family residential (RS) zone subject to the regulations and notes set forth in this section: -. USE V Church. synagogue or other place of religious worship USE ZONE CHART DIRECTIONS: FIRST, read down to find use. . . THEN. across for REGULATIONS tIJ :z: 0 ¡:: « ,..: ;:¡ ~ ~ c> I/) :3 ~ ¡¡¡R: e:~ ;:1- 0'> ww a: a: Process I! if the site ~ I/) 9 As established on !he zoning map. See Note I. con- tains 5 acres or less. Other. wise Process III. See Note 2. I Process I. I! and III are described in §§ 22-386-22-411, 22-431-22-460, 22-476-22-498 respectively. Sic" Plan Review is described in §§ 22-361 MINIMUMS REQUIRED YARDS I- Ô a: u.. J: ! w Q ¡;:¡ ~ 30' MAXIMUMS w t:) 15 > 0 U 9 75% 130' above average building elevation. w :sa: !ët t:);:1 ~~ ~)o <a: ~8 ~W 3ð See Note 8. I I. Minimum 101 size pet dwelling unit is as follows: a. In RS 35.0 zones, the minimum lot si,ze is 35,000 sq. ft. b. In RS 15.0 zones, the minimum 101 size is 15,000 sq. ft. c, In RS 9.6 zones, the minimum lot size is 9,600 sq. ft. d. In RS 7.2 zones, the minimum 101 size is 7,200 sq. ft. e. In RS 5.0 zones, the minimum lot size is 5.000 sq. ft. 2. If the subject propeny. along with any contiguous area intended for future use for the religious activities or related purposes, is more than 5 acres, the use must obtain a masler plan approved through Process III. The masler plan must show the ultimale development of the site including all buildings, parking and circulation areas, other major improvements and buffers. 3. The subject property may contain a rectory or similar dwelling unit for use by Ihe religious leader of the congregation. If this is a detached dwelling unit, ils setbacks are as established for detached dwelling units in the zone. 4. The subject property must be adjacent to a collector or arterial right-of-way. S. If any panion of a Sb'Ucture on the subject propeny is within 100' of a low density zone, then either: a. The height of that Sb'Ucture shall not exceed IS' above average building elevation; or b. The facade of that panion of the structure parallel to !he low density zone shall nol exceed SO' in length. , ' 6. Parking may be located within required side and rear yards, but nol closer than IS' to any property line. 7. Refer 10 § 22-946 et seq. to detennine what other provisions of this chapter may apply to the subject propeny. 8. Refer to Ankle XVI!. Landscaping, for appropriate requirements. L For other infonnation about parking and parking areas, See § 22-1376 et scq. For details of the regulations in this category, see § 22-1596 et seq. For details of the regulations in this category, see § 22-1561 et seq. For details of what may exceed this height limit, see § 22-1046 et seq. f-or d.."tails regarding required yards, see § 22-113 I et seq. >- a: 0 z~ 9< I/)U :3 U ~ ~~ -z ;:IS2 g~ a:ø. I for every 5 people based on maximum occupancy load in the principle worship area JO' JO' 8 I (Ord. No. 90-43, § 2(20.25), 2-27-90; Ord. No. 93-170, § 7(Exh. B), 4-20-93) See Noles 3--6 22-369 r-. ~ ~ SPECIAL REGULATIONS AND NOTES , . "" "" "" Ô> t.o t11 .." t'J C t'J ~ ~ \~ () ~ () 0 C t'J ,r--.... ¡ ( \, Broweleit Peterson fï August 30, 1995 Federal Way, City of Department of Community Development 33530 1 st Way S. Federal Way, WA 98003 Attn: Deb Barker Associate Planner Re: SEP95-0011, UPR95-0009, SPR95-0011 Saint Luke's Lutheran Church Process III Criteria 51 5 South 31 2th, Federal Way Dear Ms. Barker, ; In accordance with the requirements of your August 25, 1995 final Site Plan Review comments, we hereby submit a written response to the 3 Process III criteria. 1) It is consistent with the comprehensive plan. This project is located in an RS 7.2 zone and is surrounded on all sides by the same zoning. This site has been occupied by the church since before Federal Way became a city. Under the zoning for this site, churches are considered compatible with residential zones as long as certain development standards are met. We have done everything in our ability to meet these standards. 2) It is consistent with all applicable provisions of the chapter including those adopted by reference from the comprehensive plan. To the best of our ability and knowledge, we have provided all the required submittal information, fees, SErA information, etc. We are not aware of any provisions, stated or referenced, that we are not consistent with. 3) It is consistent with the public health, safety, and welfare. The development has been designed to meet all local, state, federal, and other codes, regulations, or ordinances that apply. It has been designed with health, life safety, handicap acé-essibility, and all of the functional and economical concerns of the church in mind. It has also been designed to be a beautiful addition to the collJ.munity which it serves EXHIBIT <?r",,' """ PACE~ OF ~~I" . ",. ßroweleit Peterson Architects PS . Pnncipals: Larry L. Broweleit AlA, David A. Peterson AlA 6920 - 220th SW, Suite 200, Mountlake TelTace WA 98043. Telephone: 206-774-4701, Fax: 206-776-5177 ( Respectfully Submitted, ; ~~PS Steve Hammer Associate SHIsh enc: None cc: File 9323SHSO.LR3 EXHIBIT Gr ~ PAGE~ OF ~ Broweleit Peterson Architects PS --- ( August 31, 1995 Federal Way, City of Department of Community Development 33530 1 st Way S. Federal Way, WA 98003 Attn: Deb Barker Associate Planner Re: SEP95-0011, UPR95-0009, SPR95-0011 Saint Luke's Lutheran Church Variance Request 51 5 South 31 2th, Federal Way Dear Ms. Barker, In accordance with the requirements of your May 12, 1995 initial review comments and your August 25, 1995 final Site Plan Review comments, we hereby submit on behalf of St. Luke's Lutheran Church, a variance request for the following items: 1) Structural Setbacks The existing original building and sanctuary building intrude into the required 30' setback. This is an existing non-conforming condition that was approved under King County at the time the buildings were constructed. It would be unreasonable to request that the Church chop off portions of the existing buildings (at great expense and loss of usable square footage) to meet a setback requirement that came into being after the buildings were built. Unfortunately, we don't have access to the original King County Zoning Code that was in effect when these buildings were built, but it should go without saying that the buildings would not have been constructed if they had not gone through the review and approval process at the time, and met all regulations that were in effect at the time. 2) Parking Lot Setbacks Existing parking on the West and North is encroaching into the required 15' setback. This is another existing non-conforming condition that was approved under King County at the time the parking was done. As you can probably know with a project like this, parking is at a premium. The church needs to provide adequate parking for the congregation attending services at the church. The church property is limited and they have done all they can to maximize the available parking, including adding parking across the street. It would be unreasonable to actually reduce the number of existing parking spaces, again for a code provision that was established after the parking was constructed. EXHIBIT~ "'-""" , 0.. ",1-, ',./", ["I PAGE ~ ¿OF~J """, ,.ì::¡;"'~""'11l ßroweleit Peterson Architects PS . Principals: Lany L. Broweleit AlA Davi~'i;: ;etQrsdn Äiki:; 6920 - nOth SW. Suite 200, Mountlake Terrace WA 98043. Telephone: 206-774-470 I, Fax: 206-776-5177 ( 3) Building Modulation $ Technically the existing gym is within 100' of a low density zone and does not meet the moduìation requirements. Actually, there is another church located next door, so the intent of the code is being met. But even so, this is also an existing non-conforming condition that was approved under King County at the time the gym was built. We would pose the same argument as in item 1 for allowing this non-conformance to continue. 4) Signage For this project, sign category" B" applies. It allows wall mounted and pedestal signs. Plate 2 gives the definition of a pedestal sign. The height of the poles that the sign is mounted on can only be 20% of the height of the sign. The sign can only be 5' high total. The proposed sign meets both of these criteria. The existing signs on the north sidê of the existing building are slightly over the 5' height requirement and have poles that exceed 20% of the sign height. The existing wall sign on the north meets the sign ordinance in that it does not project above the wall it is mounted on. The other criteria is that only one 32 s. f. maximum sign is allowed on each main street. There are 3 existing signs on 312th (where most of the traffic is) and they exceed the minimum of one sign and the total area of 32 s.t. The proposed sign is on 6th Ave. S. and is related to the new entry for the project. It is less than the 32 s.f. required. We would ask for a variance for the signs on 312th. First, the main church sign which is over the 32 s.f. and the 5' height was built as part of the original sanctuary project. It is nicely landscaped and is part of the recognition of the church since it has been there for so long. Also, if it had to be lowered or reduced in size, there would be an expense associated with it and it would push the sign down below the sidewalk, making it less visible from the street (since it is located in a depression below the sidewalk). The original church sign is the wall sign on the north side. For the same reason of recognition, we would ask to keep this sign. It's only non-conformance is that there is more than 1 sign on 312th. Finally, we would ask to keep the existing daycare sign on the corner of 312th and 6th. This is for a totally separate function, the daycare that operates during the week, and is there for a different group of people. It is well under the 32 s.f. but it does exceed the height and pedestal requirements. With this sign as with all the signs on 312th, we would simply request to keep the existing signs that have always been there and should be allowed to remain. ; We feel that all of these requested variances meet the 4 stated criteria of a variance (FWCC Division 8, Variances, section 22-198) and we would hope that during the Process III hearing, the Federal Way Hearing Examiner would have the opportunity to grant the variances requested. Sincerely, ~ EXHIBIT PAGE~ OF ( Broweleit Peterson Architects PS --- January 30, 1996 City of Federal Way Department of Community Development 33530 1 st Way S. Federal Way, WA 98003 Attn: Deb Barker Associate Planner Re: SEP95-0011, UPR95-0009, SPR95-0011 Saint Luke's Lutheran Church Variance Request 515 South 312th, Federal Way Dear Deb, In accordance with the requirements of your May 12, 1995 initial review comments, your August 25, 1995 final Site Plan Review comments, and your January 11, 1996 Process II comments, we hereby submit on behalf of St. Luke's Lutheran Church, a variance request for the following items: 1) Structural Setbacks The existing original building and sanctuary building intrude into the required 30' setback. The variance will not constitute a grant of special privilege inconsistent with the limitations upon the uses of other properties in the vicinity and zone in which the subject property is located for the reasons mentioned below. The variance is necessary because of special circumstances related to the size, shape, topography, location, or surroundings of the subject property to provide it with use rights and privileges allowed to other properties in the vicinity and zone in which the subject property is located for the reasons mentioned below. Granting the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located for the reasons mentioned below. The special circumstances of the subject property are not the result of the actions of the owner of the subject property. This is an existing non-conforming condition that was approved under King County at the time the buildings were constructed. It would be unreasonable to request that the Church chop off portions of the existing buildings (at great expense and loss of usable square footage) to meet a setback requirement that came into being after the buildings were built. The building is fronting on a major busy arterial and does not impact views or sight lines as it is. See attached Buildi n9 Permit a ppraved under Ki n9 C au nty. EX H I BIT ~ PAGE ~ - OF ~i ßroweleit Peterson Architects PS . Principals: Lany L. Broweleit AlA, David A. Peterson AlA 6920 - 220th SW, Suite 200, Mountlake TerTace WA 98043' Telephone: 206-774-4701, Fax: 206-776-5177 ( ( '" 2) Parking Lot Setbacks ~ Existing parking on the West and North is encroaching into the required 15' setback. The variance will not constitute a grant of special privilege inconsistent with the limitations upon the uses of other properties in the vicinity and zone in which the subject property is located for the reasons mentioned below. The variance is necessary because of special circumstances related to the size, shape, topography, location, or surroundings of the subject property to provide it with use rights and privileges allowed to other properties in the vicinity and zone in which the subject property is located for the reasons mentioned below. Granting the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located for the reasons mentioned below. The special circumstances of the subject property are not the result of the actions of the owner of the subject property. This is another existing non-conforming condition that was approved under King County at the time the parking was done. (You should note that the master plan shows the new setback being met by reconfiguring the parking lot.) As you could probably guess with a project like this, parking is at a premium. The church needs to provide adequate parking for the congregation attending services at the church. The church property is limited and they have done all they can to maximize the available parking, including adding parking across the street. It would be unreasonable to actually reduce the number of existing parking spaces, at additional expense to the owner, again for a code provision that was established after the parking was constructed. See attached building permit. 3) Building Modulation The west side of the existing gym facility is 60' in length and is approximately 60' from the property line abutting a low density zone. It also exceeds 15' in height. This constitutes a violation of the modulation requirements. The variance will not constitute a grant of special privilege inconsistent with the limitations upon the uses of other properties in the vicinity and zone in which the subject property is located for the reasons mentioned below. The variance is necessary because of special circumstances related to the size, shape, topography, location, or surroundings of the subject property to provide it with use rights and privileges allowed to other properties in the vicinity and zone in which the subject property is located for the reasons mentioned below. Granting the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located for the reasons mentioned below. The special circumstances of the subject property are not the result of the actions of the owner of the subject property. Technically the existing gym is within 100' of a low density zone and does not meet the modulation requirements, however, there is another church located next door, so the intent of the code is being met. But even so, this is also an existing non-conforming condition that was approved under King County at the time the gym was built. We do not see any reason that an alteration should be done to an existing structure to meet a code provision that was not if effect when the building was built. See attached building permit. EXH'BIT~ PAGE~ OF ~ 2 ( ... .. , 4) Signage For this project, sign category "8" applies. It allows wall mounted and pedestal signs. Plate 2 gives the definition of a pedestal sign. The height of the poles that the sign is mounted on can only be 20% of the height of the sign. The sign can only be 5' high total. The proposed sign meets both of these criteria. The existing signs on the north side of the existing building are slightly over the 5' height requirement and have poles that exceed 20% of the sign height. The existing wall sign on the north meets the sign ordinance in that it does not project above the wall it is mounted on. The other criteria is that only one 32 s.f. maximum sign is allowed on each main street. There are 3 existing signs on 312th (where most of the traffic is) and they exceed the minimum of one sign and the total area of 32 s.f. The proposed sign is on 6th Ave. S. and is related to the new entry for the project. It is less than the 32 sJ. required. The variance will not constitute a grant of special privilege inconsistent with the limitations upon the uses of other properties in the vicinity and zone in which the subject property is located for the reasons mentioned below. The variance is necessary because of special circumstances related to the size, shape, topography, location, or surroundings of the subject property to provide it with use rights and privileges allowed to other properties in the vicinity and zone in which the subject property is located for the reasons mentioned below. Granting the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located for the reasons mentioned below. The special circumstances of the subject property are not the result of the actions of the owner of the subject property. - We would ask for a variance for the signs on 312th. First, the main church sign which is over the 32 sJ. and the 5' height was built as part of the original sanctuary project. It is nicely landscaped and is part of the recognition of the church since it has been there for so long. Also, if it had to be lowered or reduced in size, there would be an expense associated with it and it would push the sign down below the sidewalk, making it less visible from the street (since it is located in a depression below the sidewalk). . The original church sign is the wall sign on the north side. For the same reason of recognition, we would ask to keep this sign. It's only non-conformance is that there is more than 1 sign on 312th. Finally, we would ask to keep the existing daycare sign on the corner of 312th and 6th. This is for a totally separate function, the daycare that operates during the week, and is there for a different group of people. It is well under the 32 s. f. but it does exceed the height and pedestal requirements. With this sign as with all the signs on 312th, we would simply request to keep the existing signs that have been in place since before the current sigh ordinance went into effect. 3 EXHIBLT~ pr\GS__?_"~ OF T ( ( .. We feel that all of these requested variances ~eet the 4 stated criteria of a variance (FWCC Division 8, Variances, section 22-198) and we would hope that during the Process "' hearing, the Federal Way Hearing Examiner would have the opportunity to grant the variances requested. Sincerely, Broweleit Peterson Architects PS Stephen A. Hammer Associate SHIsh enc: King County Building Permit cc: St. Luke's Lutheran Church, File 9323SH60.LR4 ; 4 EXHIBIT~ PAGE 9 ~ ~ - . . .~~ ,( r ST. LUKE'S Lt:JTHERAN CHURCH SUMMARY OF CHURCH ACTIVITIES DAY TIME ACTIVITY LOCATION PEOPLE .. MONDAY - FRIDAY 6 AM TO 6:30 PM DAYCARE GYM & DA YCARE BUILDING 82 """"""""""'."'------.--------- ---..-- - -----'-"---'--"---'---" - ---.--------.-. '----'-"--.....--... 9 AM TO 3 PM PRESCHOOL MAIN BUILDING 122 """"""-"'-------'--.-'----- .. -"-----'-------'------------- ..-------- "'-'-"""--""" SUNDAY MORNING 8 AM AND 10 AM SERVICES NEW SANCTUARY 691* .-..----.-----..---..------- --"-" -- -.-.------...----..--------... ---'--'--"" ------.----..-- SUNDAY EVENING 6 PM TO 7:30 PM YOUTH MAIN BUILDING 30 '-'------'-----'-'----'------'------ --- ......,--..--.-.-------.------------ ""'---------- .-...--....-----. MONDAY 8 PM TO 9:30 PM SPECIALTY GROUPS MAIN BUILDING 60 -......----....------ . -.----------.--------.. ---.----- .......----- TUESDAY 5 PM TO 8:30 PM CHILDRENS GROUP MAIN BUILDING 70 .------..--..- '--------'-------" WEDNESDAY MORNING SPECIALTY GROUP MAIN BUILDING 30 ""'-'-'------"--------- -- -- --"-----"""--- --. ----- 7 PM TO 8:30 PM CLASS MAIN BUILDING 70 .-.---.--...-----.------..--..- --..----...--.--. '-"'-'---'--.-.---.---..------ ----------.--- ---.------.. EVENING SERVICE SANCTUARY 55 ; ....-..-..-.------..,-.--.-..- --..-------- .--..-....---------..-.--.-- -------- ----..---- THURSDAY EVENING SPECIALTY GROUPS MAIN BUILDING 60 "-"'-'--.--'--- - -----.------..-------- .. --------- ..-----....--.. EVENING CHOIR PRACTICE SANCTUARY 45 ---.---.-.. ...--..-------... -------.. FRIDAY EVENING SPECIALTY GROUP MAIN BUILDING 80 NOTES: "NUMBER OF PEOPLE IS THE AVERAGE NUMBER AND INCLUDES ALL PARTICIPANTS. FACILITATORS AND STUDENTS. *SANCTUARY CAPACITY BASED ON 18" OF PEW PER PERSON IN THE PROPOSED SANCTUARY- (1-f1ZC(S-tl!07 H ~"~-~-OF- l_j r -, .. ",......".,.. I ( .' (d) The landscaping requirement may be mod- ified when necessary, because of special circu stances relating to the size, shape, topograp vegetation, location or surroundings of the b- ject property, to provide it with use right and privileges permitted to other properties in e vi- cinity and zone in which it is located, or f strict application would result in scenic vie obstruc- tion. (e) Perimeter landscape strips aged, provided the minimum widt less than 50 percent of the under quirement. y be aver- shall not be . .ng width re- ( (0 If the property abutting t subject property is in the same or a more intens' e land use zoning district than the subject prop ty, the landscaping required along that common terior property line may be reduced by 25 perce in area. In addition, the remaining 75 percen of the required land- scaping may be relocate upon approval of the community developmen irector, consistent with the standards of this c pter. (g) Biofiltration sw es and other surface water/ water quality struct es may be incorporated into required landscape eas provided the landscaping standards of this c apter are met and the integ- rity of the surfac water function is not compro- mised. The comm nity development director shall approve any mo fication of this nature. (h) Modifica on submittal requirements. A re- quest for mod. ¡cation shall: (1) Be su mitted in the same form and ac- cordi to the same terms as the required land pe documents of this section and sub- ject 0 the same enforcement requirements; an (2) B clearly labeled as "Landscape Modifica- t n Plan"; and ( learly delineate and identify the devia- tions requested from the provisions of this or any other section. ) Be approved by the community develop- ment director. (i) Pedestrian facilities, transit stops, and hand- icapped access may be allowed in required land- Supp. No.2 ZONING § 22-1596 scape areas without requiring additional buffer area, provided that the intent of this article is met and that the function and safety of the pedestrian facility, transit stop or handicapped facility is not compromised. (Ord. No. 93-170, § 4, 4-20-93) Sees. 22.1571-22.1595. Reserved. ARTICLE XVIII. SIGNS* Sec. 22.1596. Purpose. It is the purpose of this article to promote: (1) Commercial communications that accom- modate the need of the business commu- nity to convey information to the public; (2) The protection and enhancement of the vi- sual character and identity of the commu- nity by the thoughtfùl placement arid de- sign of signs; (3) The elimination of clutter and visual dis- traction; .Cross references-Sign, code and construction standards, § 5-281 et seq.; signs in parks and recreation areas restricted. § 11-85; sign nonconformance must bc immediately brought into conformance with the applicablc provisions of the zoning regulations, § 22-330; requirements for conformance of non- conforming signs, § 22-335; district rcb'IJblions, § 22.571 cl seq.; supplementary district regulations, § 22.946 et seq.; reo quired screening for rooftop appurtenances, § 22.960; site dis- tance requirements at intersections, § 22-1151 et seq. 1628.7 E)(!-H3~T ~ PAGS-L. OF J.tL~_J '" '" (4) Flexibility and incentive for creative and innovative sign designs; (5) The proper maintenance of signs; and (6) Consistency with the comprehensive plan. (Ord. No. 90-43, § 2(95.10), 2-27-90) Cross reference-This nonconformance must be immedi- ately brought into conformance with the applicable provisions of the zoning regulations, § 22-330. Sec. 22.1597. Scope and exclusions. This article applies to all signs erected, moved or altered after February 27, 1990, except this article does not apply to the following: ( 1) Traffic signs, directional signs and signs dis- playing a public service message when any of these signs is installed by a govern- mental agency- (2) Point of purchase advertising displays such as product dispensers. ) (3) National flags and flags of political subdi- visions. (4) Gravestones. (5) Historical site plaques and signs integral to an historic building. (6) Structures or improvements intended for a separate use, such as phone booths, Good- will containers and newspaper recycling boxes. (7) Building addresses with numbers and let- ters not more than ten inches in height. (Ord. No. 90-43, § 2(95.15), 2-27-90) Sec. 22-1598. Sign, building codes; compli- ance required. (a) Each sign erected or altered after February 28, 1990 must comply with the provisions of the Uniform Sign Code adopted'in section 5-281 and the Uniform Building Code adopted in section 5-66 by the city. ) (b) Jfany provision of this article conf1icts with the Uniform Sign Code or the Uniform Building Code, the provision of this article will govern. (Ord. No. 90-43, ~ 2(95.20), 2-27-901 ZONING Ii 22-1602 Sec. 22-1599. Approval from department of community development. The applicant must obtain the written approval from the department of community development in order to erect or display a new sign or to move or alter an existing sign, except that written ap- proval from the department of community devel- opment is not required for the following: (1) Real estate on-site signs, real estate off.site signs, construction signs, temporary com- mercial signs, integral signs, private notice signs, instructional signs, private adver- tising signs, private traffic direction signs and off-site directional signs. (2) Change in the temporary message on a reader board or electronic message center. (Ord. No. 90-43, § 2{95.25(1)), 2-27-90) Sec. 22-1600. Discretionary permits. If the proposed use or development of or on the subject property requires approval through pro- cess I, II or III of this chapter, the director of com- munity development may require that any sign proposed for or as part of that use or development be approved through that same process if the di- rector determines that this will provide more co- ordinated, effective signs. (Ord. No. 90-43, § 2(95.25(2)), 2-27-90) Sec. 22.1601. Bonds. The city may require a bond under section 22-146 et seq. to ensure compliance with any as- pect of this article. (Ord. No. 90-43, § 2(95.105), 2-27-90) Cross reference-Bond procedure, § 22.146 et seq. Sec. 22-1602. Prohibited devices. (a) Except as specifically allowed under subsec- tion Ib) of this section, the following devices and facilities are specifically prohibited in the city: (I) Pennants, banners, streamers and private nags except as permitted under section 22. 1616. (¿) Strings of lights, nashing lights, colored lights. advertising search lights and /lares. 1629 EXJ-HBIT PÂC ~ Z J; .OF~~. § 22.1602 FEDERAL WAYj:,ITY CODE (3) Twirlers, propellers and wind-activated de- vices. 14) Balloons. (5) Signs of a garish or of a carnival-like na- ture. (6) Any sign that rotates, turns or moves by electrical or mechanical means except barber poles. (7) Projecting and under marquee signs, ex- cept as permitted by section 22.1616. (8) Any sign attached to, or placed on, a ve- hicle or trailer parked on public or private property. The prohibition of this subsection (8) does not prohibit the identification of a firm or its principal products on a vehicle operating during the normal course ofbusi. ness. (9) Except as allowed in section 22-1616, any portable outdoor sign. (10) Any sign with the shape and colors of a traffic sign. (11) Any sign which constitutes a traffic hazard including but not limited to signs con- taining words such as "stop," "look," "danger." (b) The provisions of subsection (a) of this sec- tion do not apply to the following: (1) Holiday decorations appropriately dis- played. (2) The use of devices described in subsection (a) of this section for no more than seven days to announce the grand opening of a new business or use. (3) The use of devices described in subsection (a) of this section if approved on a tempo- rary basis, not to exceed one year, using process I, if this will not be detrimental to any nearby neighborhood or use. \4) Changing message centers. lard. No. 90-43, § 2195.75), 2-27-90) Sec. 22.1603. Sign maintenance and removal. (a) All signs must be kept in good repair and in a safe manner at all times. The property owner must repair damaged or deteriorated signs within 30 days of notification by the city. The area sur- rounding ground mounted signs must be kept free of litter and debris at all times. (b) Unless otherwise specified in or through this chapter, the property owner must remove all signs within 30 days of the date of the closure or dis- continuance of the business, use or event with which the signs were associated. (Ord. No. 90-'43, § 2{95.80), 2-27-90) Sec. 22.1604. Comprehensive design plan. (a) Generally. This section provides a mecha- nism under which special consideration can be given to signs which use a comprehensive design plan to facilitate the integration of signs into the site design of the subject property. To do this, the city may allow deviations from the requirements of this article consistent with the criteria listed in subsection (d) of this section. (b) Required review process. An application for a comprehensive design plan under this section will be reviewed and decided upon using process II. (c) Required information. As part of any appli- cation for a comprehensive design plan under this section, the applicant shall submit the following information: (1) A narrative describing how the proposal is consistent with the criteria listed in sub- section (d) of this section. (2) Colored renderings of the proposed signs in relation to development in the area and on the subject property. (d) Criteria. The city may approve a proposed comprehensive design plan if: (1) The proposal manifests exceptional effort toward creating visual harmony between the signs, buildings and other components of the subject property through the use of a consistent design theme. 1630 E)(HfBIT PAG E ~ :r. . - OF ~~¡ '" ... (2) The proposed deviations are the minimum necessary to create readable signs from the street providing direct vehicle access to the subject property based on traffic speeds and patterns in the area. (3) The signs are in character and orientation with planned and existing uses in the area of the subject property. (Ord. No. 90-43, § 2(95.65), 2-27-90) Cross reference-Process II review procedures. § 22-431 et seq. Sec. 22.1605. Location of signs. Oxcept as allowed under subsection (c) of this s~~, each sign must be located on the same lot or property as the use, building, or event with which the sign is associated. ~ All signs shall be located outside those areas r¥ired in division 10 of article XIII of this chapter to be kept clear of sight obstructions. ) (c) The provisions of this section do not apply as follows: (1) The provisions of subsection (a) of this sec- tion do not apply to the signs regulated under section 22-1616. (2) Wall mounted and marquee signs may ex- tend into a right-of-way abutting the sub- ject property only upon approval of the de- partment of public works. rGJ\ Monument signs must be set back at least 'CJ five feet from all property lines, except in zones that have no required yards. ) (4) The owners of two or more properties that abut or are separated only by a vehicular access easement or tract may propose ajoint sign package to the city. The city will re- view and decide upon the proposal using process I. The city may approve the joint sign package if it will provide more coordi- nated, effective and efficient signs. In de- termining the total allowable size area for all of the signs on the participating proper- ties. the city will use the total area of signs ZONING Ii 22-1606 that would be allowed for all of the partic- ipating properties if they were not proposing a joint sign package. (Ord. No. 90-43, § 2(95.60), 2-27-90) Cross reference-District regulations. Ii 22.571 et seq. Sec. 22-1606. Exceptions for necessary iden. tification in limited and unusual circumstances. (a) Policy statement. It is the specific policy of the city that all signs erected, moved or altered after February 28, 1990, comply with the provi- sions of this article. However, as many of the com. mercial areas of the city have developed with signs which are of a type and size prohibited by this article, there may be a need, in limited and un- usual circumstances, for signs to be erected, moved or altered that do not comply with the require- ments of this article in order to provide the busi- ness or use with which the sign is associated with reasonable identification. It is further the ex- pressed policy of the city that the provisions of this section only be used where compliance with this article would do irreparable and unreason-. able harm to a business or use. (b) Permissible signs. Under this section,the city may allow any type, size or number of sign or signs. lc) Required review process. The city will re- view and decide upon requests under this section using process III. (d) Criteria. The city may approve a request under this section only if it finds that: (1) The proliferation of preexisting signs in the area of the subject property which do not conform to this article is such that signs consistent with this article would not be reasonably visible to potential patrons or users, considering such factors as the topog- raphy of the area and the posted speed limits of and volumes on the street or streets providing direct vehicle access to the sub- ject property. (2) A sign package consistent with the provi- sions of this article wouid not provide the use or business with effective signs. 1631 E)(!-HBIT 1= PAC~~ OF ~I § 22-1606 FEDERAL WAY: CITY CODE (3) The type, number and size of signs re- quested is the minimum necessary to pro- vide the use or business with effective signs. (e) Conditions and restrictions. As part of any appròval of a request under this section, the city may impose any limitations or restrictions it con- siders appropriate under the circumstances. This may include, but is not limited to, requiring that the owner of the subject property sign a covenant or other written document to be fIled with the county to run with the property by which, at a time certain or upon specified events, the signs on the. subject property would be brought into com- pliance with all applicable city regulations then in effect. The city may also require a performance bond under section 22-146 et seq. to insure com- pliance with any such condition or restriction. (Ord. No. 90-43, § 2(95.70), 2-27-90) Sec. 22.1607. Sign type. Permitted types of signs for each sign category are listed below: (1) Sign category A. Wall mounted and ped- estal signs. Electrical signs are not per- mitted. Commercial messages are not per- mitted. (2) Sign category B. Wall mounted, marquee and pedestal signs. Changing message cen- ters are not permitted. (3) Sign categories C, D and E. Wall mounted, marquee, pedestal and monument signs. See also section 22-1616 for permitted special signs. (Ord. No. 90-43, § 2(95.30), 2-27-90) Sec. 22-1608. Maximum number of signs. The maximum permitted number of signs for each sign category is listed below. This maximum applies only to the sign types listed in section 22- 1607 and does not apply to the special sign de- scribed in section 22-1616. (1) Sign category A. a. b. Signs identifying a dwelling unit: one. Signs identifying a complex or subdi- vision: one for each street providing di- rect vehicular access to which the sign is oriented. (2) Sign category B. One for each street pro- viding direct vehicular access to which the sign is oriented. (3) Sign categories C, D and E. a. Wall mounted signs: no limitation. b. Marquee signs: one per business or use per street providing direct vehicular ac- cess to which the sign is oriented. c. Pedestal or monument (including center identification signs): one per street providing direct vehicular ac- cess to which the sign is oriented. (Ord. No. 90-43, § 2(95.35), 2.27.90) Sec. 22.1609. Sign area. The maximum permitted sign area for each sign category is listed below. The maximum permitted area applies only to the sign types listed in sec- tion 22.1607 and does not apply to the special signs described in section 22-1616. (1) Sign category A. a. Signs identifying a dwelling unit: two square feet. . b. Signs identifying a complex or subdi- vision: 32 square feet per sign face. (2) Sign category B. Thirty-two square feet per sign face. (3) Sign categories C, D and E. As more specif- ically established in subsections a., b. and c. below, t~e subject property may contain the sign area allowed in those three sub- sections: a. The subject property may contain the sign area shown in the chart in section 22-1610. If the subject property con- tains or may contain more than one use or tenant, the applicant must submit to the city a letter allocating sign area for the subject property to the various uses, tenants, or leasable areas and to the sign or signs, if any, which identify the subject property. The applicant must agree in this letter to include the specified sign allocation in all leases, rental agreements, condo- ) 1632 ["\/!-H BfT --,- ~ 1-',-,1..:..::: '7 ;r OF l(g ~ . -_.....~ ~ :: b. minium declarations and similar doc- uments. Each use or business within a mul- tiuse complex is allowed the following sign area for signs to identify the spe- cific location or entrance of or to that use or business: c. For sign categories C and D, 30 square feet per business or use. For sign category E, one square foot for each two linear feet of the facade of the building or portion thereof, occupied by the use or busi- ness, on which the sign is located or to which it is oriented; provided that each business or use is allowed at least 30 square feet of sign area and may not have more than 80 square feet of sign area under this subsection. Each multiuse complex containing seven or more uses or businesses is al- lowed 64 square feet per street pro- viding direct vehicular access to be used only for a center identification sign or signs. Signs allowed under this subsec. tion may not have internally lighted sign fields; must be constructed of ma- terials, colors, shapes and other archi- tectural (eatures which are the same 1. 2. \ ZONING § 22-1610 as or consistent with the buildings on the subject property; and must be ori. ented to the street from which the right to the sign arises. (Ord. No. 90-43, § 2(95.40), 2-27-90) Sec. 22-1610. Sign area chart. The following chart establishes the sign area allowed under section 22-1609(3)(a). The sign area is primarily dependent on the linear frontage of the subject property and the sign category of the use. To use this chart, first find the applicable sign category along the top of the chart, then find the linear frontage of the subject property along the left margin of the chart. Where the sign cat- egory and the linear frontage meet the maximum sign area for the subject property will be found under section 22-1609(3)(a). Next, review the sign area multipliers listed on the right side of, the chart to determine if there are any increases in the maximum allowable sign area. 1. Find the sign category that applies to your use. Find the linear frontage of the subject prop- erty- 3. Where sign category and linear frontage meet, the maximum sign size for the sub- ject property will be found. 2. 4. Use the multiplier to the right of the chart to determine if maximum allowable sign area is increased by the factors listed. Sil!n Catel!ories Total Linear Frontage of Subject Property is Less Than C D E 25 20 26 48 30 20 28 50 35 20 29 52 40 21 31 55 45 21 32 57 50 22 33 59 , 1633 E- '\. '.". . . J ........ - i=r"..-. ::c- - L._,. :_< ~ -' '- : . l~i ~ , P Å C s----ÍtL 0 F ~~I § 22.1610 FEDERAL WAf CITY CODE Sil!n Catel!ories Total Linear Frontage of Subject Property is Less Than C D E 55 23 34 61 60 23 35 63 65 24 36 64 70 25 37 66 75 25 38 68 80 26 39 69 85 26 40 70 ... 90 27 40 72 95 27 41 73 100 28 42 74 105 28 42 76 110 29 43 77 115 29 44 78 120 30 44 79 125 30 45 80 130 30 46 81 135 31 46 82 140 31 47 83 145 32 47 84 150 32 48 85 155 32 48 86 , 160 33 49 87 165 33 49 88 170 33 50 89 175 34 50 89 180 34 51 90 185 34 51 91 190 34 52 92 195 35 52 93 200 35 53 94 205 35 53 94 210 36 53 95 215 36 54 96 220 36 54 97 225 36 55 97 230 37 55 98 ./ 1634 C ,,/ '_-! ~ ~ ~~r- l' [ . J t..., . ..... PAG r:..~ OF J!9~; :. ZONING § 22-1614 Si,£fn Cate,£fories Total Linear Frontage of Subject Property is Less Than C D E 235 37 56 99 240 37 56 99 245 38 56 100 250 38 57 101 (Measured in linear feet) (Measured in square feet) 1. SIGN AREA MULTIPLIERS If no signs on the subject property have internally lighted sign fields, then multiply the figure in the chart by 1.25. If all signs, other than center identification signs, are building mounted signs, multiply either the above product or the figure in the chart by 1.25. If the linear frontage of the subject property exceeds 250 feet, please refer to section 22-1617. (Ord. No. 90-43, § 2(95.45), 2-27-90) 2. " Sec. 22.1611. Development containing uses in more than one sign category. If the subject property contains uses assigned to different sign categories, the signs for the entire development must comply with the sign category assigned to the uses that predominate on the sub- ject property, as determined by the director of com- munity development. (Ord. No. 90-43, § 2(95.50), 2-27-90) Sec. 22.1612. Sign height and other dimen. sional requirements. The maximum permitted height of signs for each type of sign is listed below: \ (1) Wall mounted and marquee signs. Wall mount and marquee signs shall not project above the roofline of the building to which they are attached. (2) Under marquee signs. Under marquee signs shall not extend further from a building facade than the marquee or canopy to which they are attached- 13) Pedestal signs. Pedestal signs shall con- form to the dimensional standards shown on plate 2. (4) Monument signs. Monument signs shall con. form to the dimensional standards shown on plate 3. (Ord. No. 90-43, § 2(95.55), 2-27.90) Sec. 22.1613. Landscaping around ground mounted signs. An area around the base of each ground mounted sign equal to the sign area must be land- scaped to improve the overall appearance of the sign and to reduce the risk of automobiles hitting the sign or supports of the sign. This landscaping must include vegetation and may include other materials and components such as brick or con- crete bases, planter boxes, pole covers or decora- tive framing. (Ord. No. 90-43, § 2(95.85), 2-27.90) 1635 ,Sêc. 22.1614~ Structural components, overall ) appearance. To the maximum extent possible, signs should be constructed and installed so that angle irons. guywires, braces and other structural elements are not visible. This limitation does not apply to structural elements that are an integral part (If ~A~~I~T _~--UL~ § 22-1614 FEDERAL WA'f. CITY CODE the overall design such as decorative metal or woods. (Ord. No. 90-43, § 2(95.90), 2-27-90) Sec. 22.1615. illumination limitations on elec- trical signs. No sign may contain or utilize any of the fol- lowing: (1) Any exposed incandescent lamp with a wattage in excess of 25 watts. (2) Any exposed incandescent lamp with an in- . ternal or external reflector. (3) Any continuous or sequential flashing de- vice or operation. (4) Except for changing message centers, any incandescent lamp inside an internally lighted signs. (5) External light sources directed towards or shining on vehicular or pedestrian traffic or on a street. (6) Internally lighted signs using 800-milliamp or larger ballasts if the lamps are spaced closer than 12 inches on center. (7) Internally lighted signs using 425-milliamp or larger ballasts if the lamps are spaced closer than six inches on center. (Ord. No. 90-43, § 2(95.95), 2-27-90) Sec. 22.1616. Special signs. The following chart establishes regulations that apply to numerous signs that have a limited purpose or special nature. These signs are permitted 'in addition to the signs permitted in sign categories A through E. Except as specifically stated in the following chart, the signs in that chart are not subject to the regulations of sections 22-1605 and 22-1607 through 22-1613. To use the following chart, first read down to find the type of sign in which you are interested, then read across for the relevant regulations. Consult the definitions in section 22-1 for the meanings and definitions of the types of signs listed: ) , Maximum Number Permitted Duration Type of Sign of Signs Maximum Sign Area Permitted Location of Display Real estate, on-site For each dwelling unit, Dwelling units: 6 sq. ft. Subject property, Must remove when prop- use or development: 1 per per sign face. Other uses erty is sold or rented. broker per abutting right- or developments: 32 sq. ft. of-way. per sign face. not to ex. ceed 64 sq. ft. per prop- ertv for sale or rent. Real estate, off-site See footnote (1) 6 sq. ft. per sign face. Private property. Must remove when prop- erty is sold or rented. Construction 1 per abutting right-of- 32 sq. ft. per sign face. Subject property. Shall not be displayed way. prior to issuance of a building permit. Must be removed prior to issuance of a certificate of occu- ¡pancy. Temporary commercial No maximum. See footnote (2). Subject property. Must be Must remove at end of entirely attached to a use event or condition. buildinl! face. Integral 1 per structure. 6 SQ. ft. per sil{n face. Subject property, No limitation. Private notice and in- No maximum, 2 sq. ft. per sign face. Subject property. No limitation, structional Private advertising No maximum, 16 sq. ft. per sign face. No closer than 50 ft. from Must remove at end of another sign advertising use, event or condition. the same use, event or condition. 1636 EXHIBIT 1: . PAGE~ OF ~! fl ZONING § 22-1617 Maximum Number Permitted Duration Type of Sign of Signs Maximum Sign Area Permitted Location of Display Private traffic direction No maximum. 4 so. ft. Der sÏlm face. Subject orODertv. No limitation. Off-site directional. See 1. 16 sq. ft. per use, not to Where necessary to direct Determined on case by footnote (3) exceed 64 sq. ft. the public to the subject case basis. I properties. Political No maximum. 6 sq. ft. per sign face. Private property. No sooner than 30 days prior to the primary elec. tion and no later tha:1 7 days after the final elec- tion. Projecting and under 1 per pedestrian or vehic- 4 sq. ft. per sign face. Subject property right- No limitation. marquee ular entrance. of-way abutting subject property. For uses subject to sign categories C, D. E and only. Shall not project above roofline of structure to which sign is attached. Fuel price 1 per abutting right-of- 20 sq. ft. per sign face. Subject property. No limitation. way. Footnotes: (1) Per property for sale or rent, not more than one every 1,500 ft. on any street. (2) Total length of signs may not exceed 40% of length of the facade to which attached. Sign area may not exceed 40% of the area of the facade to which it is attached. (3) Must be approved through process I, as described in sections 22-386 through 22-411. Shall only be approved if there is a demonstrated need for an off-site sign because of poor visibility or traffic. patterns- All uses in an area wanting a permanent off-site directional sign must use one sign. The applicant must show that the proposed sign can accommodate all uses in the area that may reasonably need to be listed on the sign. (Ord. No. 90-43, § 2(95.100), 2-27-90) Sec. 22-1617. Allowable size of signs. The following table establishes the allowable size of signs indicated by the sign categories pur- suant to the linear frontage of the subject prop- erty: PLATE 1 ALLOWABLE SIZE OF SIGNS " Linear Frontages of Subject Sign Sign Sign Property Category Category Category (ft.) C* D* E* 25 20 26 48 30 20 28 50 35 20 29 52 Linear Frontages of Subject Sign Sign Sign Property Category Category Category (ft.) C* D* E* 40 21 31 55 45 21 32 57 50 22 33 59 55 23 34 61 60 23 35 63 65 24 36 64 70 25 37 66 75 25 38 68 80 26 39 69 85 26 40 70 90 27 40 72 95 27 41 73 1637 EXHIBIT~ PAGS~ OF ~J § 22.1617 FEDERAL WA~ CITY CODE Linear Linear Frontages Frontages of Subject Sign Sign Sign of Subject Sign Sign Sign Property Category Category Category Property Category Category Category (ft.) C'" D'" E'" (ft.) C'" D'" E'" 100 28 42 74 320 41 62 109 105 28 42 76 325 41 62 qo 110 29 43 77 330 41 62 111 115 29 44 78 335 42 63 111 120 30 44 79 340 42 63 112 125 30 45 80 345 42 63 112 130 30 46 81 350 42 63 113 135 31 46 82 355 42 64 113 140 31 47 83 360 43 64 114 145 32 47 84 365 43 64 114 150 32 48 85 370 43 65 115 155 32 48 86 375 43 65 115 160 33 49 87 380 43 65 116 165 33 49 88 385 44 65 116 170 33 50 89 390 44 66 117 175 34 50 89 395 44 66 117 180 34 51 90 400 44 66 118 185 34 51 91 405 44 67 118 190 34 52 92 410 45 67 119 195 35 52 93 415 45 67 119 200 35 53 94 420 45 67 120 205 35 53 94 425 45 68 120 210 36 53 95 430 45 68 121 215 36 54 96 435 45 68 121 220 36 54 97 440 45 68 121 225 36 55 97 445 46 69 122 230 37 55 98 450 46 69 123 235 37 56 99 455 46 69 123 240 37 56 99 460 46 69 124 245 38 56 100 465 46 70 124 250 38 57 101 470 47 70 124 255 38 57 101 475 47 70 125 260 38 57 102 480 47 70 125 265 39 58 103 485 47 71 126 270 39 58 103 490 47 71 126 275 39 59 104 495 47 71 127 280 39 59 105 500 48 71 127 285 39 59 105 505 48 72 127 290 39 59 106 510 48 72 128 295 40 60 106 515 48 72 128 300 40 60 107 520 48 72 129 305 40 61 108 525 48 73 129 310 41 61 108 530 49 73 129 315 41 61 109 535 49 73 130 1638 EXHIBIT~ PAGE---11- OF_- -----. í -'- ~ ZONING § 22-1617 Linear Linear Frontages Frontages of Subject Sign Sign Sign of Subject Sign Sign Sign Property Category Category Category Property Category Category Category (ft.) C. D* E* (ft.) C* D* E* 540 49 73 130 760 55 82 146 545 49 74 131 765 55 82 146 550 49 74 131 770 55 82 147 555 49 74 131 775 55 83 147 560 49 74 132 780 55 83 147 565 50 74 132 785 55 83 148 570 50 75 133 790 55 83 148 575 50 75 133 795 56 83 148 580 50 75 133 800 56 84 149 585 50 75 134 805 56 84 149 590 50 75 134 810 56 84 149 595 50 76 135 815 56 84 149 600 50 76 135 820 56 84 150 605 51 76 135 825 56 84 150 610 51 76 136 830 56 85 150 615 51 77 136 835 56 85 151 620 51 77 136 840 57 85 151 '. 625 51 77 137 845 57 85 151 \ 630 51 77 137 850 57 85 152 635 52 77 138 855 57 85 152 640 52 78 138 860 57 86 152 645 52 78 138 865 57 86 152 650 52 78 139 870 57 86 153 655 52 78 139 875 57 86 153 660 52 78 139 880 57 86 153 665 52 79 140 885 58 86 154 670 52 79 140 890 58 87 154 675 53 79 140 895 58 87 .154 680 53 79 140 900 58 87 154 685 53 79 141 905 58 87 155 690 53 79 141 910 58 87 155 695 53 79 142 915 58 87 155 700 53 80 142 920 58 88 156 705 53 80 142 925 58 88 156 710 53 80 143 930 59 88 156 715 54 80 143 935 59 88 156 720 54 81 143 940 59 88 157 725 54 81 144 945 59 88 157 730 54 81 144 950 59 88 157 735 54 81 144 955 59 89 158 740 54 81 145 960 59 89 158 745 54 82 145 965 59 89 158 750 55 82 145 970 59 89 158 ) 755 55 82 146 975 59 89 159 1639 EXHIBIT :r:- f 1--- - "^ ...J P' Gr- nr= 4 A ~;::: § 22-1617 FEDERAL W A'§ CITY CODE Linear Linear Frontages Frontages of Subject Sign Sign Sign of Subject Sign Sign Sign Property Category Category Category Property Category Category Category (ft.) C* D* E* (ft.) C' D* E* 980 60 89 159 1200 64 96 170 985 60 90 159 1205 64. 96 170 990 60 90 159 1210 64 96 170 995 60 90 160 1215 64 96 171 1000 60 90 160 1220 64 96 171 1005 60 90 160 1225 64 96 171 1010 60 90 161 1230 64 96 171 1015 60 90 161 1235 64 97 172 1020 60 91 161 1240 64 97 172 1025 60 91 161 1245 65 97 172 1030 61 91 162 1250 65 97 172 1035 61 91 162 1255 65 97 173 1040 61 91 162 1260 65 97 173 1045 61 91 162 1265 65 97 173 1050 61 91 163 1270 65 97 173 1055 61 92 163 1275 65 98 173 1060 61 92 163 1280 65 98 174 1065 61 92 163 1285 65 98 174 1070 61 92 164 1290 65 98 174 1075 61 92 164 1295 65 98 174 .' 1080 62 92 164 1300 65 98 175 1085 62 92 164 1305 66 98 175 1090 62 93 165 1310 66 98 175 1095 62 93 165 1315 66 99 175 1100 62 93 165 1320 66 99 176 1105 62 93 165 1325 66 99 176 1110 62 93 166 1330 66 99 176 1115 62 93 166 1335 66 99 176 1120 62 93 166 1340 66 99 176 1125 62 94 166 1345 66 99 177 1130 62 94 167 1350 66 99 177 1135 63 94 167 1355 66 100 177 1140 63 94 167 1360 66 100 177 1145 63 94 167 1365 67 100 177 1150 63 94 168 1370 67 100 178 1155 63 94 168 1375 67 100 178 1160 63 95 168 1380 67 100 178 1165 63 95 168 1385 67 100 178 1170 63 95 169 1390 67 100 179 1175 63 95 169 1395 67 101 179 1180 63 95 169 1400 67 101 179 1185 63 95 169 1405 67 101 179 1190 64 95 170 1410 67 101 179 1195 64 96 170 1415 67 101 180 1640 EXHIBIT ~ rAGS '~~OF~ . "~ . . " Linear Frontages of Subject Sign Sign Sign Property Category Category Category (ft.) C* D* E* 1420 67 101 180 1425 68 101 180 1430 68 101 180 1435 68 102 180 1440 68 102 181 1445 68 102 181 1450 68 102 181 1455 68 102 181 1460 68 102 182 1465 68 102 182 1470 68 102 182 1475 68 102 182 1480 68 103 182 1485 68 103 183 1490 69 103 183 1495 69 103 183 1500 69 103 183 For linear frontages greater than 1500 feet, use the following formulas for the appropriate cate- gory to determine the allowable signage: Sign Category C = 6 ~ Linear Frontage Sign Category D = 9 :v Linear Frontage Sign Category E = 16 :y Linear Frontage "'Square Feet of Signage Permitted (Ord. No. 90-43, § 2(185.05, plate 1), 2-27-90) -, :;. ZONING § 22-1617 1641 EX H ( B IT -): PAGE '* -~ OF_. (~ . .~ § 22-1618 FEDERAL WA~CITY CODE Sec. 22.1618. Pedestal signs. The following drawings illustrate the standards for pedestal signs: PLATE 2 Pedestal Signs Type a SIGH BASI! ~D-71 1-- FACS ~ ] 1 AVERAGE GAQR - - - EL£V A T1OH fOR SIGN BAU ""'-..". - , A ~ 50% 8 A ~50% D C ~ 20% 8 8 ~ 5 ft. ') Type b I~~CEI ~, ' E Ie 1 AveRAG£ GROUND ~-- El-evAT10N FOR ... -""- --_. SIGN BASE - c ~ 20% 8 8 < 5 ft. E 2 4 in. GROUND E1..EVAT10N Minor deviations from the dimensional standards for pedestal signs, except for maximum sign height, may be approved by the planning official if he or she concludes that the resulting sign has a clear and substantial visual linkage to the ground. (Ord. No. 90-43, § 21185.05, plate 2). 2-27-90) 1642 EXHIBIT-$'--- . PAGS t&:;. OF- . J ~ -'. ZONING Ii 22-1619 1/ Sec. 22-1619. Monument signs. The following drawings illustrate the standards for monument signs: PLA TE 3 Monument Signs I ( B )1 SIGH FACE i Monument Sign A: Max. 12'-0. A 8: Max. 80% of A c: Min. 20% of A :'(.~;.~.. . c """";<11:';:" D: Equal to 100% -::::. ';';:l~'ré{~~11~~~~~:~,~.- . sl~~-"~~1~~~¿t ~~. '1;: AVERAGE FINISH GRADE . .: 0 FOR SIGN BASE NOTE: LAAOSCV'lHG IS REcurRED PER SECTION 95.85 of B .* '\ DESIGN CRITERIA SIGN BASE: The base of the sign must be done in landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete or materials that are harmonious with the character of the primary structures on the subject property and subject to planning official approval. No visible gap shall be allowed between the sign base and the finished grade. SIGN FACE: The color, shape, material, lettering, and other architectural details of the sign face must be harmonious with the character of the primary structures. ' MINOR DEVIATIONS Minor deviations from the dimensional standards for monument signs, except for maximum sign height, may be approved by the planning official if he or she concludes that the resulting sign does not signif- icantly change the relative proportion of the sign base to the sign face. . If the height of the sign base is greater than three feet then the width of the base may be as narrow as 90 percent of the width of the sign face. B MO"u"'."1 SIll" (Oøtlo" I C>3'-' ...:,1. ."..""J'::~"',; ) (Ord. No. 90-43, § 2(185.05. plate 3). 2.27-901 1643 I ~ ' 4JO ~ 'I ' ~ . I'. ~ I fi ~I~~~~ ::> I a I~ REVI¿IOl DArE 2\~ , 'I~~~~'~~-'- 0 ' 'l@ '~ : :;' E HBIT~' ~:~), : i,PA E~OF-!LJ , I =- J:1II:Y~ -- ' :.:,~.~- : ' .1 - , . , '( '15 E.XI5TINú PLAY ARE.A * --, JI - -- .----"' 6th AVENUE SOUiH ~- , / ( ì ì .".."""""_.""",, -, i ( I I , \ I I I ~,---"'----'-----'-" 0" 0 ~ ~ qS--OOI). ~~ .. .fìAN. 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EA-. 51 Of:: DAYCARE SIGN ~/ei ::/'-0/1 ~ f"'-HßIT -:s f,,~:= -~ OF- ~ ( ""_u ..~ CITY OF FEDERAL WAY MEMORANDUM DATE: March 27, 1996 TO: Phil Watkins, Chair Land Use/Transportation Committee Jeff Pratt, Surface Water Manage~\ National Flood Insurance Program FROM: RE: R3('kgrollnd The National Flood Insurance Program (NFIP) was established by the National Flood Insurance Act of 1968. Its objectives were to provide a better form of assistance to flood victims, to stimulate State and local government programs promoting sound floodplain management in order to guide future development, and to establish a cooperative Federal/private sector insurance program. Outcomes of the NFIP include an increased emphasis on non structural regulatory measures, a shift in the burden of disaster funding from the general taxpayer to the floodplain occupants, and the availability of insurance coverage not generally available privately. The City of Federal Way has been asked by the Federal Emergency Management Agency (FEMA) to join the NFIP. Participation in the NFIP is based on an agreement between the City and the federal government which states that if the City will implement and enforce measures to reduce future flood risks to new construction in special flood hazard areas, the federal government will make flood insurance available within the community as a financial protection against flood losses which do occur. Further, as an added incentive FEMA has suggested that disaster assistance will not be provided to communities which opt not to participate in the NFIP. To date approximately 38 City residents and businesses have requested such assistance from FEMA for damage related to the two recent Presidential Emergency Declarations. In order to accomplish this participation, FEMA requires that the City adopt their model "Flood Damage Prevention" ordinance (or an equivalent) and that the City adopt a resolution which affIrms the City's commitment to enforcing provisions of the ordinance. The City, through its establishment of surface water management utility and the subsequent development of a comprehensive surface water management program, has already adopted most of the provisions of FEMA's proposed "Flood Damage Prevention" ordinance. Therefore, in order to avoid unnecessary duplication of City Code, the City has suggested to FEMA that adoption of a resolution containing those few provisions of FEMA's model ordinance which are not currently adopted City policies might be a preferred alternative to wholesale adoption of the provisions contained within the model ordinance. FEMA has agreed that adoption of this resolution would constitute concurrence with the provisions of the model ordinance. The resolution presented for your consideration is the resolution that the City and FEMA have drafted to meet the requirements of the NFIP. The resolution has three major components: the first component adopts the areas of special flood hazard as identified by the Federal Insurance Administration, the second component describes the duties of the Public Works Director and the City's Building Official, and the third component defines terms and conditions of any proposed construction within an identified area of special flood hazard. FEMA has not yet commented upon the final proposed version of this resolution, but because time is of the essence we have opted to present this to you as soon as was possible. Any substantial changes to the proposed resolution will be noted before it is presented to City Council for consideration. RHommendation Approve resolution as proposed and forward to City Council for their consideration and approval. DRAFT RESOLUTION "NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR COOPERATION WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND ADOPTING POLICIES FOR MINIMIZING PUBLIC AND PRIVATE LOSSES DUE TO FLOOD CONDITIONS. WHEREAS, certain areas of Federal Way (hereafter, the "City" ) are subject to periodic flooding, mudslides (i.e. , mudflows), or flood-related erosion, causing serious damages to properties within these areas; and WHEREAS, relief is available in the form of Federally subsidized flood insurance as authorized by the National Flood Insurance Act of 1968; and WHEREAS, Federally subsidized flood relief is not available to Federal Way residents unless the city is a participant in the National Flood Insurance Program ("NFIP"); and WHEREAS, the City, in order to become a participant in the NFIP, must adopt and enforce regulations consistent with the Federal Emergency Management Agency's ("FEMA") regulations for the control of new development and substantial improvements in flood prone areas; and WHEREAS, it is the intent of the City Council to require the recognition and evaluation of flood, mudslide (i.e., mudflow), or flood-related erosion hazards in all official actions relating to land use in areas having these hazards; and Res. # , Page # WHEREAS, this body has the legal authority to adopt land use and control measures to reduce future flood losses; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: section 1. Maintenance of Land Use Controls. The city will enact as necessary, and maintain in force in those areas having flood, mudslide (i.e., mudflow), or flood-related erosion hazards, adequate land use and control measures with effective enforcement provisions consistent with the Criteria set forth in section 1910 of the National Flood Insurance Program Regulations. section 2. Duties of the Public Works Director. The Public Works Director, or his designee, is authorized and directed to: (a) Assist the FEMA Administrator, at his request, in his delineation of the limits of the area having special flood, mudslide (i.e., mudflow} , or flood-related erosion hazards. (b) Provide such information as the FEMA Administrator may request concerning present uses and occupancy of the floodplain, mudslide (i. e., mudflow) or flood-related erosion areas. (c) Cooperate with Federal, State, and local ag~ncies and private firms which undertake to study, survey, map and identify floodplain, mudslide (i.e., mudflow} , or flood- related erosion areas, and cooperate with neighboring Res. # , Page # communities with respect to management of adjoining floodplain, mudslide (i.e., mudflow) and/or flood-related erosion areas in order to prevent aggravation of existing hazards. (d) Submit on the anniversary date of the city's initial eliginility an Annual Report to the Administrator on the progress made during the past year within Federal Way in the development and implementation of floodplain management measures. (e) Upon occurrence, notify the FEMA Administrator in writing whenever the boundaries of the city have been modified by annexation or the City has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that all Flood Hazard Boundary Maps and Flood Insurance Rate Maps accurately represent the City's boundaries, include within such notification a copy of a map of the city suitable for reproduction, clearly delineating the new corporate limits or new area for which the City has assumed or relinquished floodplain management regulatory authority. Section 3. Maintenance of Flood Related Information. The Public Works Director, or his designee, is authorized and directed to maintain for public inspection and to furnish upon request, for the determination of applicable flood insurance risk premium rates within all areas having special flood hazards Res. # , Page # identified" on a Flood HazarD Boundary Map or Flood Insurance Rate Map, any certificates of flood-proofing, and information on the elevation (in relation to mean sea level) of the level of the lowest habitable floor (including basement if habitable) of all new or substantially improved structures, and include whether or not such structures contain a basement, and if the structure has been floodproofed, the elevation (in relation to mean sea level) to which the structure was floodproofed¡ section 4. AdoDtion of Definitions and Policies. The City hereby adopts the following definitions and policies for minimizing public and private losses due to flood conditions: 1. Definitions. Unless specifically defined below, words or phrases used herein shall be interpreted so as to give them the meaning they have in common usage and to give these policies their most reasonable application. "AREA OF SPECIAL FLOOD HAZARD" means the land in the flood plain within a city subject to a one (1%) percent or greater chance of flooding in any given year. maps always includes the letters A or V. Designation on "BASE FLOOD" means the flood having a one percent (1%) chance of being equaled or exceeded in any given year. Also referred to as the "lOo-year flood." Designation on maps always includes the letters A or V. "BASEMENT" means any area of the building having its floor subgrade (below ground level) on all sides. Res. # , Page # "DEVELOPMENT" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. "EXPANSION TO AN EXISTING MANUFACTURED HOME PARK .OR SUBDIVISION" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "FLOOD INSURANCE RATE MAP (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the city. "FLOOD INSURANCE STUDY" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. "LOWEST FLOOR" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of applicable non-elevation design requirements. , Page # Res. # "SUBSTANTIAL DAMAGE" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. "SUBSTANTIAL IMPROVEMENT" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either: (1) (2) Before the improvement or repair is started; or If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. , Page # Res. # 2. Lands to which this Resolution Applies. This resolution shall apply to all areas of special flood hazards within the City of Federal Way. 3. Basis for Establishinq the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report enti tIed "The Flood Insurance Study for the ci ty of Federal way," dated May 16,1995 or as may hereafter be amended, with accompanying Flood Insurance Maps is hereby adopted by reference and declared to be a part of this resolution. The Flood Insurance Study is on file at the Department of Public Works. 4. Information to be Obtained and Maintained by Buildinq Official. (1) Where base flood elevation data is provided through the Flood Insurance Study obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. (2) For all new or substantially improved floodproofed structures: (a) Verify and record the actual elevation (in relation to mean seal level), and (b) Maintain required floodproofing certifications. Res. # , Page # (3) (1) (2) (1) (2) (3) Res. # Maintain for public tnspection all records pertaining to the provisions of this resolution. 5. Anchorinq. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (Reference FEMA's "Manufactured Home Installation in for guidebook Areas" Flood Hazard additional techniques). 6. Construction Materials and Methods. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. Electrical, heating, ventilation, plumbing, and air- conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. , Page # 7. Review of Buildinq Permits. Where elevation data is not available either through the Flood Insurance study or from another authoritative source, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Section 5. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. section 6. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way city Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of , 1996. CITY OF FEDERAL WAY MAYOR, MARLON S. PRIEST ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC , Page # Res. # APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. K: \RESO\femawash. new 3-27-96(96-100) Res. # , Page #