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AG 04-158RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: 2. ORIGINATING STAFF PERSON: Isanc/TiN.a EXT: 2601 3. DATE REQ. BY:_7/28/11 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT � SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.c. soN� xELnTa� �oc�Errrs> ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#):��,� ❑ INTERLOCAL X OTHER CONCOMITANTANDDEVELOPMENTAGREEMENTAMENDMENTNO2 5. PROJECT NAME: CHRISTIAN FAITH CENTER DEVELOPMENT OF CHURCH AND PRIVATE SCHOOL 6. NAME OF CONTRACTOR: CxFUSTlatv FAiTx CEtvTER ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: 9. TOTAL COMPENSATION $ �INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES � NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR � CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (1F ApPLiCnBLE) ❑ LAW 11. COUNCILAPPROVAL�IFAPPLICABLE� COMMITTEEAPPROVALDATE: COUNCILAPPROVALDATE: 12. CONTRACT SIGNATURE ROUTING ' ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE SIGNE ❑ LAW DEPARTMENT � �'� ❑ SIGNATORY �MAYOR OR DIRECTOR� ❑ CITY CLERK • l� ❑ ASSIGNED AG# AG# �y • ��� ❑ SIGNED COPY RETURNED DATE SENT: "1 .�• � � CK��Iu1�1►10G� t � �� t � AMENDMENT NO. 2 TO CONCOMITANT AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND THE CHRISTIAN FAITH CENTER FOR DEVELOPMENT OF CHURCH AND PRIVATE SCHOOL This Amendment No. 2(Amendment) is made between the City of Federal Way, a Washington municipal corporation (City), and Christian Faith Center (CFC), a Washington nonprofit corporation. The City and CFC (together Parties), by mutual consent of the parties, agree to amend the original Agreement for development of a church and school (Agreement) dated effective July 21, 2004, as amended by Amendment No(s). 1, as follows: 1. SECTION 9.4.4. Section 9.4.4 of the Agreement shall be amended as follows: Prior to approval of anv seatin�capacitv expansion that results in total seatin� exceeding 3,375 seats in the sanctuar ,�pt as noted below for special events, CFC shall submit to the City for review and approval an updated traffic analysis that analyzes the impacts and identifies mitigation for those impacts at that time. In the event that the Public Works Director finds that the signal is warranted based on the submitted reports, CFC shall construct street improvements consistent with the attached Exhibit G-4 to signalize the intersection of SR 99 and South 344�' Street and provide a westbound-to-southbound left-turn lane within existing right-of-way. If delays beyond the control of CFC and the City prevent the completion of these improvements by the time of issuance of certificate of occupancy, CFC may obtain a certificate of occupancy subject to the Public Works Director requiring temporary traffic control measures for up to one hour following the end of each Sunday service until such time that the traffic signal is operational. Any combination of fixed/unfixed seating not exceeding 3,800 shall be permitted for irre�ular special events, not occurring on Sundays. The analvsis and traffic mitigation described above shall not be triggered for such special events. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. 3. RECORDING. This Amendment shall be recorded with the Real Property Records Division of the King County Records and Elections Department. IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY r BY- Skip Priest, ay r DATE: � • Z � % • 1� / I CHRISTIAN F By: Printed Name• Title: l� r� CENTER DATE: � ' � �'— � ` ATTEST: Ci y Clerk, Carol Mc eilly, C C APPROVED AS TO FORM: �— �,. , � City Attorn;,y, Pacricia A Richardson STATE OF WASHINGTON ) _ ) ss. COUNTY OF ��.�-�11�( On this day personally appeaxed before me � Q , to me known to be the of �` �y��avl i �v` -' that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GI��� ���uiinur� 2011 �qy�d��nd official seal this � day o , `\�; �� .. ,� ,��, � . ...... , ,�� � Q�g��G�'�• = Notary's signature _ :� ������ o ,��men�� - Notary's printed name �� v,��.- _`•. ���,�g�,141A �' Notary Public in and for the state f Washington. ,: • o ; �� �� �'� � • '� � My commission expires �� � � �} �'7,c> i � '% s ' v ��. ,,� �t ,, . "���u������������� RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT. /DIV. COMMDNITYAND ECONOMIC DEVELOPMENT 2. ORIGINATING STAFF PERSON: MARGARET CLARK EXT: 2646 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • ORDINANCE ❑ RESOLUTION • CONTRACT AMENDMENT (AG #):5 ❑ INTERLOCAL X❑ OTHER AMENDMENT TOA CONCOMITANTAGREEMENTAND DEVELOPMENTAGREEMENT 5. PROJECT NAME: AMENDMENT TO THE CHRISTIAN FAITH CENTER CONCOMITANTAGREEMENTAND DEVELOPMENT AGREEMENT 6. NAME OF CONTRACTOR: ADDRESS: TELEPHONE E -MAIL: FAX: SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT /CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW INITIAL / DATE REVIEWED PAID BY: ❑ CONTRACTOR ❑ CITY INITIAL / DATE APPROVED 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED INITIAL / DATE SIGNED Q:�'�i ",�� DATE E XM COMMENTS: APPROVED BY CITYMANAGER ONAPRIL 24,200 7. THIS WAS CONSIDERED A MINOR AMENDMENT TO THE ORIGINAL AGREEMENT 11/9 1: \CFC\Amendment to Development Agreement \010814 Routing Form to Clerk.doc CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND THE CHRISTIAN FAITH CENTER FOR DEVELOPMENT OF CHURCH AND PRIVATE SCHOOL. AMENDED APRIL 2, 2007 The City of Federal Way ( "City ") and the Christian Faith Center ( "CFC "), a Washington nonprofit corporation, collectively referred to herein as "the Parties," enter into the following concomitant agreement and development agreement ( "Agreement ") regarding the rezoning of certain property and the scope of permissible development, use, and mitigation of environmental impacts associated with the campus development of a church and private school ( "Project'), through construction of the buildings and related improvements on the CFC property. The agreement is both a concomitant agreement and a development agreement. The concomitant agreement allows for a rezone of certain property subject to development standards and conditions governing the use of the property. The development agreement provides the developer with certainty regarding the local regulations and mitigation requirements that will govern development for a specified project. The concomitant agreement is a condition to and limitation upon the rezone of the property, if adopted by the City Council. That is, if the site is rezoned subject to concomitant agreement, its use and development is restricted both by the regulations applicable to the new zoning classification and the provisions of the concomitant agreement, and where development standards in the agreement are more restrictive, they. govern property development. The development of the ;property is conditioned and limited by both the development agreement and concomitant agreement, and they have been combined into one document. 1. Location. CFC is the owner of certain real property situated in Federal Way, Washington, located south of South 336`h Street between SR -99 and Interstate 5 (the "Property"). The Property is more particularly described on Exhibit A, attached hereto and incorporated herein by this reference. 2. Project Description. The Project consists of development, to be constructed in two phases. Both phases are depicted on the Development Plan, attached hereto as Exhibit B and incorporated herein by this reference (the "Plan" or "Development Plan"). Phase I will consist of a two -story 218,500 square foot sanctuary building church, school, administrative offices, and accessory uses and associated parking and recreational and athletic fields attached hereto as Exhibits C, G1, and C-2 and incorporated herein by this reference. Phase 11 would include the addition of a separate 101,526 square foot school building attached hereto as Exhibits C, C-3, and C-4 and incorporated herein by this reference. Once the Phase H school building has been constructed and is ready for occupancy, the uses in the sanctuary building will revert to those originally approved per the July 20, 2004, Agreement and plan attached hereto as Exhibits C GS, and C-6 and incorporated herein by this reference. 3. Concomitant Agreement. Based on the approval of a rezone from Business Park (BP) to RM 3600 by the Federal Way City Council, CFC and the City agree that the Property may be developed only in accordance with the standards and mitigation set forth in the amended Agreement (the "Agreement'). The Property shall be developed as described in .the Agreement, and as depicted in the Development Plan. The allowable use of the property shall be limited to that described in the Agreement. All development standards, including mitigation, identified in the Agreement shall apply to Property development. No development on the Property shall be inconsistent with the Agreement or City Code. The Property is subject to the Agreement, and shall be developed only in accordance with the development standards identified within the Agreement, including the Development Plan (except for minor modifications permitted by Section 10 of the Agreement), unless and until the Agreement is amended or rescinded, as authorized by the City. 4. Development Agreement. The Agreement is authorized by RCW 36.7013.170 through .210 and FWCC 22 -1660 through 22 -1680. It addresses Project development standards, which are defined in the statute to include, for example, impact fees, mitigation, design standards, phasing issues, review procedures, vesting issues, and any other appropriate development requirements.' The Agreement provides the City and CFC with certainty as to the type of Project that will be built, the type of mitigation that will be provided, and the development regulations to which the Project will vest. The Project is consistent with current local regulatory requirements? As authorized by state statute,; the Agreement identifies mitigation under City codes and the State Environmental Policy Act (Chapter 43.21C RCW, "SEPA ') required for the project. 5. Vesting. City development regulations, as found in the Federal Way City Code (FWCC) or otherwise legislatively adopted ,4 and the mitigation measures adopted herein shall govern the Project for a period of five years, dating from execution of the original Agreement, dated July 21, 2004. Any amendments or additions made to City development regulations during the five year period shall not apply to or affect the development, except as otherwise provided, or if other county, state or federal laws preempt the City's authority to vest regulations. The City reserves the authority to impose new or different officially adopted regulations to the extent required by a serious threat to the public health and safety.5 After the five -year period, amendments or additions made by the City to these development regulations and the mitigation measures adopted herein shall apply to any subsequent or further development of the Property. Otherwise, the Property and the uses thereof that are developed consistent with this Agreement shall be deemed legal, nonconforming uses. Provisions of the Agreement, including specifically identified development standards and mitigation measures, do not terminate after the five -year period and continue to restrict development of the Property unless and until amended by the City. 6. Project Mitigation Under SEPA. The Project has been subject to detailed environmental review. A Final Environmental Impact Statement ( "FEIS ") was issued on March 3, 2004, and addenda were issued April 16, 2004, and May 21, 2004. Mitigation of significant adverse environmental impacts imposed under SEPA, through the City's SEPA regulations, is incorporated into the Agreement. 7. Development of CFC Property. 7.1 Permitted Uses. CFC covenants and agrees that it will limit any use of the Property to the church and school uses, as depicted in the Development Plan, attached hereto as Exhibit B and ' RCW 36.70B.170(3) 2 RCW 36.70B.170(i) 3 RCW 36.70B.170(3Xc) 4 Legal requirements include legislatively adopted standards governing development, such as zoning, building and development regulations, impact fees, SEPA regulations and substantive SEPA policies, and other laws, ordinances, or policies. 5 See RCW 36.70B.170(4) incorporated herein by this reference. Both the church and school are classified as principal uses for application of FWCC Sections 22 -671 and 22 -674, except the school shall be considered an accessory use to the principal sanctuary use in Phase I. Accessory uses shall be limited to those approved as a part of this Agreement and shown on the attached Plan or List of Permitted Accessory Uses, attached hereto as Exhibits C, C -1, C -2, C -5, and C -6 and incorporated herein by this reference, or any accessory use determined by the Director of Community Development Services to be allowed, or analogous to an allowed accessory use, in the RM 3600 zone. 7.2 Relationship Between City Development Regulations and Development Standards Identified in Agreement. Development Regulations include all provisions of the Federal Way City Code (FWCC), including without limitation FWCC Chapters 18 through 22. The Development Regulations for the Property include those applicable to the RM 3600 zone and as set forth in the Agreement. The Agreement establishes site specific development standards, including mitigation. Property development shall be consistent with both development regulations and the development standards identified in the Agreement. Where the development standards in the Agreement are more restrictive, they shall govern development of the Property, as specified herein. 7.3 Construction Phasing. Project construction shall be limited to two phases. Phase I shall comprise construction of a building for the church sanctuary, auditorium, meeting rooms and administrative offices, and K -12 education classrooms, attached hereto as Exhibits C, C -1, and C-2 and incorporated herein by this reference, together with all on -site and off -site improvements required by this Agreement and by the conditions of any related permit approval. Phase H shall comprise construction of a future two -story 101,526 square foot school building attached hereto as Exhibits C, G3, and C-4 and incorporated herein by this reference. With the exception of improvements completely within the interior of a building, Phase I, the sanctuary building, must be substantially completed within thirty (30) months of issuance of its building permit and Phase M the school building must be completed within twenty-four (24) months of issuance of its building permit, except for delays beyond the control of CFC and approved by the Director of Community Development Services, which approval shall not be unreasonably withheld. Project construction shall be completed within five years of the execution of the original agreement, dated July 21, 2004, for the sanctuary/school auditorium building and within ten years for the school building, except for delays beyond the control of CFC and approved by the Director of Community Development Services, which approval shall not be unreasonably withheld. 8. Settlement Agreement. The Parties shall be bound by the Settlement Agreement between the City of Federal Way and Federal Way Industrial Park, Inc., dated February 5, 1996, (Exhibit D to'the Concomitant Agreement and :Development Agreement between the City of Federal Way and the Christian Faith Center recorded under King County Recording No. 20040819000548) and incorporated :herein by this reference. The Settlement Agreement provides certain development standards and other provisions applicable to use and development of the Property, which are consistent with the terms of this Agreement. The terms of this Agreement shall control over any inconsistent terms in the Settlement Agreement. 9. Development Standards, Including Mitigation. The Project shall be consistent with all specified development standards. CFC shall construct, install, or implement, as part of Project Construction, all mitigation required by the Agreement. The City Council has reviewed the EIS and the record. Mitigation has been developed based on these documents. 9.1 Project Design and Site Configuration. 9.1.1 Building Setback. All site improvements shall be setback from South 3360' Street a minimum of 50 feet. The property bordering South 336`h Street shall be deemed the front yard for purposes of this Agreement. Remaining rear and side setbacks for the church building shall be 30 feet from any property line or right -of -way. Remaining side and rear setbacks for the school building, ball fields, and any playground equipment shall be 50 feet from any property line or right -of -way. 9.1.2 Building Height. The maximum allowed height of single -story elements of the church building is 35 feet above average building elevation (ABE), with up to three additional feet allowed for articulated cornices; the maximum allowed height for second - story elements containing offices, classrooms, library and similar uses is 40 feet above ABE. The maximum height of the school building is 40 feet above ABE with up to three additional feet .allowed for articulated cornices. The maximum allowed height for the church sanctuary/school auditorium portion of the building and the gymnasium is 55 feet above ABE. 9.1.3 Landscaping. CFC shall provide an approved landscape plan, prior to issuance of the Phase One building permit, incorporating the following features. The landscape plan shall be prepared by a landscape architect in consultation with a habitat biologist, whose recommendations shall be incorporated into the plan. 9.1.3.1 Perimeter Landscaping. CFC shall provide a combination of existing and new native landscaping to accomplish Type III landscaping along all groperty lines and public rights- o#-way and access easements. Along South 336 Street, landscaping shall be 50 feet in width consisting of 25 feet of a combination of Existing Native and Type III landscaping and 25 feet of Type IV landscaping. Along all other property lines associated with that portion of the Property containing the church, landscaping shall be 15 feet in width consisting of 10 feet of a combination of Existing Native and Type III landscaping and 5 feet of Type IV landscaping. Wetlands and wetland buffers which are vegetated in accordance with a City approved wetland mitigation plan and landscape plan and which are in excess of fifty (50) feet between the development and the property line shall be deemed to have satisfied the landscaping requirements of that property line. 9.1.3.2 Detention Pond Landscaping. Landscaping around detention ponds shall comply with the approved landscape plan and include at a minimum provision for dense bank cover and trees larger than the minimum required by FWCC to provide shade and reduce water temperature. For purposes of this Agreement, the term "larger" means deciduous trees larger than three inch caliper and evergreen trees taller than eight feet. 9.1.3.3 Habitat Retention. CFC shall provide a fifty (50) foot wide wildlife corridor from the west wetland to the east wetland with small animal culvert crossings under proposed roads and water ponding areas along the wildlife corridor, at a spacing of approximately 200 feet, to provide drinking areas for small animals. 9.1.4 Parkin . 9.1.4.1 Setback. Parking shall be permitted within the required side and rear yards, but not within 10 feet of any property line associated with the school or within 15 feet of any property line associated with the church or within any required buffer. 9.1.4.2 Number of Stalls. CFC shall provide a minimum of 1,406 parking stalls and a maximum of 1,540 parking stalls. 9.1.4.3 Parking Dimensions. Maximum parking lot and stall dimensional requirements shall be equivalent to corresponding minimum FWCC requirements except as modified by Exhibit E to the Concomitant Agreement and Development Agreement between the City of Federal Way and the Christian Faith Center recorded under King County Recording No. 20040819000548 and incorporated herein by this reference. 9.1.4.4 Overflow Parking/Special Events. Overflow parking shall be permitted only pursuant to a parking plan approved by the Director of Public Works. CFC shall develop and submit a plan for approval by the Director of Public Works prior to special events to manage overflow parking through an arrangement with an appropriate transit provider or local hosts for shared use of additional off -site parking spaces and shuttle transportation connecting the overflow parking areas and the site during special events or in the event of recurring overflow parking conditions. CFC shall be responsible for all costs associated with traffic control including, but not limited to, flaggers, police officers, signs, and shuttle transportation. 9.1.5 .Size Limitation. 9.1.5.1 School. As part of Phase I, a 31,199 square foot school will be constructed in the sanctuary building attached hereto as Exhibits C, C4, and G2 and incorporated herein by this reference. The school structure, to be constructed in Phase II, shall be limited to '101,526 square feet, as depicted in the attached Conceptual Floor Plan, attached hereto as Exhibits C-3 and C-4 and incorporated herein by this reference. Upon construction of the Phase H school building, the uses in the sanctuary (Phase I building) shall revert as per the original development agreement and plans attached hereto as Exhibits C -5 and G6 and incorporated herein by this reference. The day care shall be located in the main church/sanctuary/administration building and shall be limited to 33,000 square feet. Based on these maximum square footages, total enrollment of the school and daycare shall be limited to a maximum of 900 full -time students. 9.1.5.2 Sanctuary. Sanctuary occupancy shall conform to all applicable local, state acid federal laws and regulations and shall not exceed 4,500 occupants. 9.1.5.3 College. The Dominion College shall be considered an accessory use to the church and as such shall primarily serve CFC students and staff and members of the CFC congregation. The Dominion College shall be limited to 23,000 square feet as depicted in the attached Conceptual Floor Plan, Exhibit C-6 and incorporated herein by this reference. Based on this square footage, enrollment shall be limited to a maximum of 225 students. 9.1.5.4 Recreation Areas. Exterior recreation and play areas shall be provided in a minimum amount of 27,026 square feet in the school yard, a minimum 100,000 square feet in the recreation/sports field, and 4,613 square feet in the church day care area. Such minimum areas shall be permanently maintained as recreation and play areas. 9.2 Operational Limitations. CFC operations shall be consistent with the schedule and restrictions listed below. Changes in the below schedule, which was provided by the applicant, shall be reviewed under FWCC 22 -1680 to ensure that the project remains consistent with the review completed under SEPA and the FWCC. Minor modifications may be approved by the Director of Community Development Services, as specified in FWCC 22 -1680. 9.2.1 Church Service Hours. Church services shall be limited to one weekday evening service (typically on Wednesdays) which shall not begin before 6:30 p.m. and Sunday church services shall be separated by at least one and one/half hours between services. 9.2.2 Dominion College Hours. Dominion College classes shall not be held on weekends or between the hours of noon and 6:30 p.m. weekdays. 9.2.3 Bible Study Hours. Bible Study classes shall be held only weekdays before noon. 9.2.4 School Hours. School classes shall be completed no later than 3:30 p.m. daily. 9.2.5 Holiday Services/Special Events. Holiday services and special events shall be scheduled consistent with the approved Traffic Management Plan (TNT) required by 9.4.12 and consistent with 9.1.4.4. 9.3 Construction Mitigation. 9.3.1 Erosion Sediment Control. CFC shall designate and provide an onsite Erosion Sediment Control (ESC) Supervisor approved by the Director of Public Works, who possesses a Construction Site Erosion and Sediment Control. Certification by the Washington State Department of Transportation (WSDOT). This ESC Supervisor shall be available for the duration of the project. The qualifications and responsibilities of the ESC Supervisor are outlined in the 1998 King County Surface 'Water Design Manual (KCSWDM) and City of Federal Way Addendum. The Director of Public Works may further limit clearing and grading activities on the site based on recommendations from the ESC Supervisor and requirements of the KCSWDM. 9.3.2. Stormwater Pollution Prevention Plan. A construction Stormwater Pollution Prevention Plan (SWPPP) shall be provided by CFC and reviewed and approved by the Director of Public Works prior to issuance of any construction permits or authorizations. Construction phasing shall be included in this plan. CFC has proposed several BMP's which shall be captured in the SWPP plan including, but not limited to, confining refueling and equipment maintenance to a hard - surface staging area with spill containment features and a spill clean-up kit, and pipe slope drains used to convey storm water over steep slopes. 9.3.3 Clearing and Grading. Clearing and grading shall be allowed only pursuant to a phased construction plan approved by the Director of Public Works. Clearing and grading shall occur only between May 1 and September 30 unless otherwise approved by the Director of Public Works. 9.4 Traffic Mitigation. CFC shall perform, as part of Project construction and prior to issuance of certificate of occupancy unless otherwise noted, the following traffic mitigation as required and approved by the Director of Public Works. 9.4.1 CFC shall reconstruct 18`'' Avenue South from the existing berm to South 344" Street to a modified street section, consisting of 24 foot wide street with vertical curbs and gutters, consistent with Exhibit G -1 to the Concomitant Agreement and Development Agreement between the City of Federal Way and the Christian Faith Center recorded under King County Recording No. 20040819000548 and incorporated herein by this reference. Traffic calming elements shall be installed, including two speed humps, one crosswalk, bulb outs at the intersection of 18'" Avenue South and South 341" Street and 18d' Avenue South and South 344' Street to narrow the throat width of 18"' Avenue South to 20 feet, and street signage shall be installed to address no through traffic, children playing, speed humps, crosswalk, and speed limit. 9.4.2 CFC shall improve South 344`" Street from le Avenue South to 180' Avenue South consistent with Exhibit G -2 to the Concomitant Agreement and Development Agreement between the City of Federal Way and the Christian Faith Center recorded under King County Recording No. 20040819000548 and incorporated herein by this reference. Construction shall consist of Type R Street. The north side shall consist of a 40 foot wide street with curb and gutters, four -foot planter strip with street trees, six -foot sidewalk, and street lights. The improvements shall be tied into the existing improvements to the west end of South 344t` Street to the east side of the intersection of South 344', Street and I Avenue South. On the south side, only curb and gutter shall be required. CFC shall construct improvements within existing right -of -way. 9.4.3 CFC shall improve South 340 Street through the intersection of 160' Avenue South and shall signalize the intersection of South 340110" Avenue South consistent with Exhibit G -3 to the Concomitant Agreement and Development Agreement between the City of Federal Way and the Christian Faith Center recorded under King County Recording No. 20040819000548 and incorporated herein by this reference. CFC shall construct improvements within existing right -of -way. 9.4.4 CFC shall construct street improvements consistent with Exhibit G -4 to the Concomitant Agreement and Development Agreement between the City of Federal Way and the Christian Faith Center recorded under King County Recording No. 20040819000548 and incorporated herein by this reference, in order to signalize the intersection of SR 99 and South 344" Street and provide a westbound -to- southbound left- turn lane within existing right -of -way. If delays beyond the control of CFC and the City prevent the completion of these improvements by the time of issuance of the certificate of occupancy, CFC may obtain a certificate of occupancy subject to the Public Works Director requiring temporary traffic control measures for up to one hour following the end of each Sunday service until such time that the traffic signal is operational. 9.4.5 CFC shall perform a sight distance study, propose a conceptual intersection plan for the intersection of 20`x' Avenue South at South 341" Street to be approved by the Director of Public Works, and construct improvements as determined by the Director of Public Works. 9.4.6 CFC shall construct street improvements along South 336' Street consistent with Exhibits G -5 and G -6 to the Concomitant Agreement and Development Agreement between the City of Federal Way and the Christian Faith Center recorded under King County Recording No. 20040819000548 and incorporated herein by this reference. The improvements shall be consistent with Type M street between SR 99 and 20'h Avenue South, consisting of an 18 -foot half -street with curbs and gutter, six-foot planter strip with street trees, eight -foot sidewalk, street lights, underground utilities, and three -foot utility strip. Improvements will be consistent with Type K street between 20`h Avenue South and I -5, consisting of a 22 -foot half -street with curb and gutter, six -foot planter strip with street trees, eight -foot sidewalk, street lights, underground utilities, and three -foot utility strip. A continuous two -way left -turn lane shall be provided between SR 99 and Forest Lane Town Homes frontage. Curbs and gutter, planter strip, and sidewalk shall also be provided on the north side between South Garden Court condominiums and Forest Lane Town Homes to tie into the existing improvements. An eastbound right -turn lane shall be provided on South 336'h Street at 20'h Avenue South, consisting of a 100 -foot storage length and 50 -foot taper length. These improvements may be modified by the Director of Public Works to minimize impacts to wetlands or minimize right -of -way acquisition. 9.4.7 CFC shall improve 20d' Avenue South for a distance of 225 feet '(175 feet of storage and 50 foot taper) to the north of the intersection of South 336d' Street and signalize the intersection consistent with Exhibit G -7 to the Concomitant Agreement and Development Agreement between the City of Federal Way and the Christian Faith Center recorded under King County Recording No. 20040819000548 and incorporated herein by this reference. 9A.'8 CFC shall construct an eastbound right turn lane from South 336h Street to 20'" Avenue South. 9.4.9 CFC shall construct traffic calming elements on 20t' Avenue South from South 3366' Street to South 3301° Street, including traffic circles at South 330"' Street and South 332nd Street and an island diverter at South 336' Street to prevent northbound and southbound through movements, and construct a sidewalk on the east side of 20d' Avenue South from South 336& Street to tie in to the existing sidewalk, consistent with Exhibits G -7 and G -8 to the Concomitant Agreement and Development Agreement between the City of Federal Way and the Christian Faith Center recorded under King County Recording No. 20040819000548 and incorporated herein by this reference. CFC shall construct improvements within existing right -of -way.. 9.4. 10 CFC shall provide two transit shelters, shelter footings, litter receptacle pads, landing pads and benches, one located on 20d' Avenue South in the existing location north of South 336th Street and one located on South 336`h Street as determined by City staff with input from King County Metro and Pierce Transit. 9.4.11 Upon a one time request of the Director of Public Works, CFC shall develop and implement Sunday peak hour timing plans, based on turning movement counts for signal timing plans collected by CFC for the intersections of 20`h Avenue South and South 336"' Street, SR 99 and South 324'h Street, SR 99 and South 330`h Street, SR 99 and South 336`' Street, SR 99 and South 340`h Street, 16`h Avenue South and South 344`h Street, and SR 161 and South 348"' Street. 9.4.12 CFC shall implement a Traffic Management Plan (TMP) for the Project as approved by the Director of Public Works. 9.4.13 CFC shall pay to the City Three Hundred Fifty Thousand and No /100 Dollars ($350,000.00) to expand the City's existing project at the intersection of South 348d' Street and SR 161 to provide for the construction of a second northbound right -turn lane with 550 feet of storage. Payment shall be made one year after receipt of the Certificate of Occupancy for Phase One of the Project or upon award of the bid to construct the turn lane whichever shall occur first. 9.4.14 CFC shall pay to King County its pro rata share contribution to the King County Transportation improvement Plan (TIP) project at South 320'h Street and Military Road in the amount of Six Hundred Forty-Seven and No /100 Dollars ($647.00). Except as provided above, CFC shall use its best efforts to acquire any and all right -of -way necessary to complete the improvements described in this Agreement. If, through no fault of CFC, CFC is unable to acquire right -of -way necessary to complete the improvements described, the City and CFC agree to meet and confer on possible alternatives. The Director of Public Works may modify the required improvements as necessary provided impacts are mitigated. 9.5 Pagment of Pro Rata Share. CFC shall pay, prior to issuance of the certificate of occupancy for Phase One of its construction as defined in this Agreement, its pro rata share contribution to impacted City Transportation Improvement Plan (TIP) projects, identified and calculated below: o S 348h St: 9`h Ave S — SR 99: $60,500 o S 356`h St: l` Ave S —.SR 99: $50,200 o S 348'h St @ 15` Ave S: $13,100 o S 336° St @ 1g` Way S: $3000 o 12'h Ave SW / SW 344" St Extension: SW Campus Dr — 21' Ave SW: $38,700 o I' Ave S: S 320`h St — S 330" St: $7600 o 21" Ave SW Extension: SW 356'h St — 22nd Ave SW: $2800 o SR 18 @ SR 161: $24,800 o S336 St @ 91h Ave S: $1100 o S 320" St @ I -5: $34,100 Total $235,900 9.6 Surface Water Mitigation. The following stormwater mitigation, as required and approved by the Director of Public Works, shall be designed by CFC prior to issuance of construction permits or authorizations and constructed by CFC prior to issuance of certificate of occupancy. 9 9.6.1 CFC shall design and construct the east basin stormwater detention pond to meet Level 2 flow control standards. 9.6.2 Consistent with the Process IV Hearing Examiner Decision, CFC shall design and construct all runoff from the Sanctuary roof for the two -year storm event to be collected and dispersed through percolation trenches to maintain wetland hydrology in the westerly wetland. 9.6.3 CFC shall design and construct all surface water treatment facilities from the East and West 1 subcatchments to include the use of Stormwater Management® filter vault systems which meet or exceed Resource Stream Protection standards. 9.6.4 CFC shall design and construct stormwater discharge facilities entering into wetlands or buffers as percolation or infiltration trenches and discharges to wetland buffers in a dispersed manner consistent with the Process IV Hearing Examiner Decision, Exhibit H 7 to the Concomitant Agreement and Development Agreement between the City of Federal Way and the Christian Faith Center recorded under King County Recording No. 20040819000548 and incorporated herein by this reference, and as approved by the Director of Public Works. 9.6.5 CFC shall provide, prior to issuance of Building Permit, an Integrated Pest Management Plan as described in the Ecology Stormwater Manual (Ecology 2001). This source control BMP shall outline control of fertilizer and pesticide application, soil erosion, and site debris, and include the use of pesticides/herbicides only as a last resort. 9.7 Wetland Mitigation. CFC shall comply with all conditions contained in the Process. IV Hearing Examiner Decision dated April 23,, 2004, Exhibit H to the Concomitant Agreement and Development Agreement between the City of Federal Way and the Christian. Faith Center recorded under King County Recording No. 20040819000548 and incorporated herein by this reference, and as approved by the Director of Public Works. 10. Other Project Review Processes and Minor Modifications. 10.1 Other Project Review Processes. The Project will be subject to building permit review and other applicable review processes. The final design of the buildings and other improvements, precise location of building footprints, location of utilities, determination of access points, and other design issues will be determined during that process and must be consistent with the Agreement. 10.2 Modifications. Minor modifications to the Plan may be approved by the Director of Community Development Services and processed in accordance with FWCC 22 -1680. Factors to be considered by the Director of Community Development Services when determining if a modification to the Plan is minor include but are not limited to the following: a. Activity changes (excluding change of use of the principal use or expansion of accessory uses as specified herein) or increases in square footage of gross floor area as defined by FWCC 22 -1 that do not result in significant additional or modified trip generation or distribution. 10 b. Changes in the location or number of access points that do not impact traffic safety or modify trip distribution. c. Requests for modification of landscaping pursuant to FWCC 22 -1570. d. Removal of significant trees in conjunction with other actions deemed minor. e. Addition of fewer than 20 parking stalls outside of areas containing "significant trees," as defined by the FWCC. f. Exterior changes that do not significantly add to or alter approved architectural design. g. Actions that do not result in impacts to the environment pursuant to the State Environmental Policy Act requiring issuance of a mitigated threshold determination of nonsignificance. h. Actions that do not require review by the hearing examiner. A modification is not minor if the Director of Community Development Services determines that there will be substantial changes in the impacts on the neighborhood or the city as a result of the change. Modifications that are not minor modifications are major modifications and shall require City Council approval pursuant to FWCC 22 -1680. 11. Waiver and Mutual Release of Claims of Invalidity. The City and CFC acknowledge and. represent that the terms of this Agreement have been jointly negotiated and that each party enters into this Agreement voluntarily. Further, CFC and the City agree that this Agreement is authorized under law and each party waives any claim that the Agreement is invalid or illegal. The agreements and representations in this Section are material to this Agreement and are being relied upon by both parties. 12. General Provisions. 12.1 Binding on Successors. 12. 1.1 The Agreement shall bind and inure to the benefit of the Parties and their successors in interest, and may be assigned to any successor in interest to the Project property - 12.1.2 12.1.2 This Agreement is intended to protect the value of, and facilitate the use and development of, the Property and to protect the public health, safety, and welfare of the City. Therefore, the covenants set forth herein shall be construed to and do touch and concern the Property and the benefits and burdens inuring to CFC and to the City from this Agreement shall run with the land and shall be binding upon CFC, its heirs, successors, and assigns, and upon the City. 12.2 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. Venue for any action to enforce the terms of this Agreement shall be in King County Superior Court. 12.3 Severability. The provisions of this Agreement are separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Agreement, or the validity of its application to other persons or circumstances. nn 12.4 Authori . The City and CFC each represents and warrants to the other that it has the respective power and authority, and is duly authorized, to execute and deliver this Agreement and that the persons signing on its behalf are duly authorized to do so. CFC further represents and warrants that it is the fee owner of the Property, that it has authority to agree to the covenants and provisions contained herein, and that there are no other persons, entities, or parties with any fee interest in the Property. 12.5 Amendment. This Agreement may be modified only by written instrument authorized by the City Council and duly executed by the City Manager and CFC, and their successors and assigns consistent with FWCC 22 -1679; provided, however, notwithstanding the provisions of this Agreement to the contrary, the City of Federal Way may, without the agreement of CFC, adopt and impose upon the Property restrictions and development regulations different than those set forth herein, if required by a serious threat to public health and safety. Moreover, as provided. in Section 5 of the Agreement, five years after the date of the execution of the Agreement, the City may elect, without the agreement of CFC, to apply development regulations in effect at that time to any development within the scope of the Agreement that has not been completed at that time. 12.6 Exhibits. All exhibits attached hereto are incorporated herein by this reference as if fully set forth herein. 12.7 Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit, or otherwise modify the terms and conditions of this Agreement. 12:8 integration; Scope of Agreement. This Agreement and its exhibits represent the entire agreement of the Parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein. This Agreement does not set forth all conditions applicable to the Project to the extent that additional conditions may be imposed as part of any permit issued by the City, as required by the Federal Way City Code as determined by the discretion of the Directors of the Departments of Community Development Services and/or Public Works. 12.9 Enforcement. Subject to the notice and cure provisions of this section, in the event either party fails to satisfy any of its obligations under this Agreement, the other party shall have the right to enforce this Agreement by an action at law for damages or in equity for specific performance. The Parties acknowledge that damages are not an adequate remedy for breach by either party. In addition to the remedies set forth herein, in the event of a breach of this Agreement by CFC, the City may enforce this Agreement under the enforcement provisions of the Federal Way City Code in effect at the time of the breach and/or it may terminate this Agreement and take action to amend the Comprehensive Plan and zoning designation of the Property. No party shall be in default under this Agreement unless it has failed to perform its duties or obligations under this Agreement for a period of thirty (30) days after written notice of default from the other party. A notice of default shall specify the nature of the alleged default and the manner in which the default may be cured. If the nature of the default is such that it cannot be reasonably cured within thirty (30) days, then a party shall not be deemed in default if the party commences a cure within thirty (30) days and, thereafter, diligently pursues completion of the cure. 12.10 Attorneys Fees. in any action brought to enforce this Agreement or for damages resulting 12 from a breach thereof, the prevailing party as determined by the court, shall be entitled to recover its reasonable attorneys' fees. 12.11 Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers of the City granted by the Washington State Constitution or by general law. This. Agreement is an exercise of the City's police powers, the authority granted under RCW 36.70B.170 -.210, and other laws. 12.12 Recording: Assignment. The Agreement shall be recorded with the Real Property Records Division of the King County Records and Elections Department. 12.13 No Third Parties. The Agreement is made and entered into for the benefit of the parties hereto and their successors .and assigns. No other person or entity is an intended third party beneficiary. No other person or entity shall have any right of action under this Agreement. IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year indicated.. CITY OF FEDERAL WAY, a Washington municipal corporation BY: Neal Beats, City Manager Date: 7 ATTEST: This day of 4, , 200, La athaway, CMC Federal Way City Cleric Approved as to Form for City f Federal Way: Q&WAttorney, Patricia - chardson 12 CHRISTIAN FAITH CENTER, a Washington, nonprofit corg9tal c Approved as to Form for Christian Faith Center. , AA (, _ Brian Pwier Lawl4r Burroughs & Baker, PC. STATE OF WASHINGTON ) )ss. COUNTY OF KING ) On this day, personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, Casey Treat to me known to be the President of CHRISTIAN FAITH CENTER, a Washington non -profit corporation, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument on behalf of said corporation. Given under my. hand and official seal this 40ay of 2007. N L. Co"�: na 7.4 ;X .oU . \ G 'i'fjL4'+ d ji._ ''ttw�.......r.�.[ (notary (typed/printed name of no'!s}y) Notary Public in and for the State of Washington. My commission expires: l:\CFC1Amendment to Development Agreement\033007 Development Agreementdoc 13 EXHIBIT A TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT LEGAL DESCRIPTIONS OF PROPERTY ml EXHIBIT A TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT LEGAL DESCRIPTIONS OF PROPERTY PER .CHICAGO TITLE 'CO.ORDER #553764 PARCELS 1 -68- 9,11,12 -13 & TAX LOT #59 IN THE NORTH 1/2 OF THE NW 1/4 OF SEC. 21, T2IN. R4E. W.M., j G COUNTY, WASHINGTON TAX LOT 959 PER STATUTORY WARRANTY DEED REC. #9706091592 THE NORTHEAST QUARTER OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 21 NORTH. RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 30 FEET THEREOF CONVEYED TO KING COUNTY FOR SOUTH 341 ST. PLACE BY INSTRUMENT RECORDED UNDER NUMBER 8410170757, SAID INSTRUMENT -BEING A RE- RECORD OF INSTRUMENT RECORDED UNDER RECORDING NUMBER 8111020670. EXHIBITS B -1 & B -2 PHASE I AND PHASE II TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT DEVELOPMENT PLAN 1 [41 W m Q a dt = W aD 'S'SAV KLOL 'S 'ANN OIJIOW I� N EXHIBITS C, C -1- C -6 PHASE 1 AND PHASE II TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT LIST OF PERMITTED ACCESSORY USES AND PHASING PLAN 17 EXHIBIT C PHASE I & PHASE 11 CHART OF USES TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT LIST OF PERMITTED ACCESSORY USES CHRISTIAN FAITH CENTER — CHART OF AREA USES SANCTUARY FIRST FLOOR SF - PHASE I SF - PHASE II Sanctuary/School Auditorium (includes stage) 4,500 seats 42,586.43 42,586.43 Multi- purpose rooms 8,817.94 8,817.94 Bookstore with caf6 3,702.16 3,702.16 Youth Church (multl- purpose rooms/chapel) 14,095.82 14,095.82 Children's Church (chapels, classrooms) 5,845.08 11,690.16 Christian Faith School In Chapel #1 area 5,845.08 0 Daycare 14,886.17 17,563.60 CFS school held In daycare area (K-1) 2,677.43 0 Music area -choir room (room behind stage) 1,772.37 1,772.37 Room 1300 - Prayer Room 1,613.67 1,613.67 Other areas (storage fecrilities, mechanical room, computer /phone room, TVlaudlo department, baptismal, kitchen, distribution center, hallways, facilities offices, wedding chapel, meeting room, bathrooms; etc.) 62,477.14 62,477.14 11t Floor Sub -total Phase 1 164.319.29 Phase 11 164.319.29 SANCTUARY SECOND FLOOR SF -PHASE 1 SF - PHASE II Dominion College (future multi- purpose rooms, classrooms, library and staff offices) 0 21,062.82 Christian Faith School 21,082.82 0 Administrative offices 18,288.96 18,288.96 Other areas (storage facilities, hallways, bathroom, etc.) 14.828.93 14.828.9 2nd Floor Sub -total Phase 1 54,180.71 Phase ll , ..180.71 Grand Total Phase 1 218.500.00 Phase 11 218,300.00 CHRISTIAN FAITH SCHOOL SF - PHASE I SF - PHASE 11 Christian Faith School (Private School) 900 students 0 101,526.00 CFS Sub -total Phase 1 .0 Phase 11 101.526.00 CFS Grand Total Phase I Q Phase 11 101.526.00 I O O O w LL. LL �.. t; F.. W�O�G U u- u. F Z W¢¢ L -j _ m o. c� C) P �I ,f'oiiiii .evNS-, .,. k1 Rai I W 0 0 Q 12 � � V Z wC)0 U W Z CD W Z CO p _ Tom" j cat H m U Q m U � V N� � ss �f A F � a .. U N O O Z fl! w 8 J LL ce �_ w V- _ H ' W 0 F 5 , < m c) LL. JO U �Om U) U = UD H a w U Z O U J LL. ~ Z n Y cr- w z U H LL H N U w O O J LL a z O U W Z D a3 J O O a U] U z O U w 8 J LL Cl) Z O U W N 80 0 O ce LL. J J LU LL. LU Z C� LL azW " m °< a >- LO a!�ci U V m 96 ,41 .,Lit -- f- j � 7�-e �C J willl E1 U N O F- O Z 0 0O J 0 IJ.. W G Q Z Z U. ry U_ ;� Ui CO LL p� W m U LL r r �1�i 0 a z EXHIBIT F TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT CONCEPTUAL FLOOR PLAN THIS EXHIBIT HAS BEEN REPLACED BY EXHIBITS Cl -C6 II3 I t EXHIBITS D. E, G & H Are attachments D, E. G & H to the Concomitant Agreement and Development Agreement between the City of Federal Way and the Christian Faith Center recorded under King County Recording No. 20040819000548, and are incorporated herein by this reference. 19 I DATE OUT: I TO: .~oV\ CITY OF FEDERAL WAY LAW DEPARTMENT DATE IN: REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. 2. 4. 5. 6. 7. 8. 9. 10. 11. ORIGINATING DEPT./DIV: CDS/PLANNING ORIGINATING STAFF PERSON: LORI MICHAELSON N/A EXT: 2645 3. DATE REQ. BY: TYPE OF DOCUMENT REQUESTED (CHECK ONE) 0 PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCEILABOR AGREEMENT 0 PUBLIC WORKS CONTRACT 0 SMALL PUBLIC WORKS CONTRACT (LESS THAN $200,000) 0 PURCHASE AGREEMENT) (MATERIALS, SUPPLIES, EQUIPMENT) 0 REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. AGREEMENT & PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) 0 CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) 0 CONTRACT AMENDMENT 0 CDBG IBI OTHER AG#: PROJECT NAME: CHRISTIAN FAITH CENTER CONCOMITANT AGREEMENT & DEVELOPMENT AGREEMENT NAME OF CONTRACTOR: ADDRESS: SIGNATURE NAME: 0111 ~-h W111i I f-h ~ TELEPHONE TITLE ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT 0 INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE TERM: COMMENCEMENT DATE: COMPLETION DATE: TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY CONTRACT REVIEW 0 PROJECT MANAGER 0 DIRECTOR 0 RISK MANAGEMENT 0 LAW INITIAL/DATE APPROVED INITIAL/DATE APPROVED CONTRACT SIGNATURE ROUTING 0 LAW DEPARTMENT 0 CITY MANAGER 0 CITY CLERK ,P"SfGN COpy BACK TO ORGINATING DEPT. ~-ASSIGNEDAG# o-I-ft:JB 0 PURCHASING: PLEASE CHARGE TO: INITIAL/DATE APPROVED .~ COMMENTS Adopted by City Council on July 20, 2004 10/09/02 C v\{'\ S 6. Return Address: ~ To(' OF p¿:-P£tZ-A;-L- 4J~y -f 0, .Box qi-l ~ -~p é~ W.L Y WA- 1ø/J 103 -- q T/ g CONFORMED COpy 20040819000548 CITY OF FEDERA AG 115.00 PAGE001 OF 097 08/19/200409:20 KING COUNTY, UA Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1. ~N'UJWtlrn-NTÂ-t.,1Zj?¡;-Mi-JJí A}JD i Y¡;Véj...pPMËf"NT A¡"~5JUWr ;Y. /!;J1'íW/.-'uV C-rry Dr P/4?~L- WAY ~^ J)r. ~~~A-"" FIl-m-l ~/o.J~Þe- Reference Number(s) of Documents assigned or released: Additional reference #'s on page - of document Grantor(s) (Last name, first name, initials) (Q I r-( FeP6 PM- u.:w 1. /))()$~ /~ DILIIIOJ II. , VF 2. ' II II 11 II , Additional names on page - of document. Grantee(s) (Last~e first, then fIrst name and initials) PA-líH C&Nít::f'- 1. ---r- r c.. t:t-- 1-) s ~ ' C# /2.,/ 5 Tí Å- )J 2. , Additional names on page - of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) PA-n.L£"J.-~ /-&'/ f;,,~ 1/, )2--J;:, ~ í"iJ1C J...¿;rr;)q ~ IN niL A'Ýt. lJr rJlIf }/w){¡. pF 5íR ¡!'¡-2J-f. Additional legal is on pagetX.A- of document. Assessor's Property Tax Parcel/Account Number 0 Assessor Tax # not yet assigned !dE-£ £><'J..f-ia-J't"' A. -$--rr.eLétjJ512 *~ U2ló4-9[)/P~ -10"'1; -d¡,,¡'¡',:C¡ÐIJ~ -ftJ/'>; -1013. -1°fp4> -1o¿'"3 -1tiJl.) ~ 9083, -9éJ'Ï/"¡ -90S¡ The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. ~~ Signature of Requesting Party CONCOMIT ANT AGREEMENT AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND THE CHRISTIAN FAITH CENTER FOR DEVELOPMENT OF CHURCH AND PRIVATE SCHOOL JUL Y 20, 2004 The City of Federal Way ("City") and the Christian Faith Center ("CFC"), a Washington nonprofit corporation, collectively referred to herein as "the Parties", enter into the following concomitant agreement and development agreement ("Agreement") regarding the rezoning of certain property and the scope of permissible development, use, and mitigation of environmental impacts associated with the campus development of a church and private school ("Project"), through construction of the buildings and related improvements on the CFC property. The agreement is both a concomitant agreement and a development agreement. The concomitant agreement allows for a rezone of certain property subject to development standards and conditions governing the use of the property. The development agreement provides the developer with certainty regarding the local regulations and mitigation requirements that will govern development for a specified project. The concomitant agreement is a condition to and limitation upon the rezone of the property, if adopted by the City Council. That is, if the site is rezoned subject to concomitant agreement, its use and development is restricted both by the regulations applicable to the new zoning classification and the provisions of the concomitant agreement, and where development standards in the agreement are more restrictive, they goyern property development. The development of the property is conditioned and limited by both the development agreement and concomitant agreement, and they have been combined into one document. 1. Location. CFC is the owner of certain real property situated in Federal Way, Washington, located south of South 336th Street between SR-99 and Interstate 5 (the "Property"). The Property is more particularly described on Exhibit A attached hereto and incorporated herein by this reference. 2. Project Description. The Project consists of development of a 218,500 square foot building for church sanctuary/school auditorium/administrative services a 101,526 square foot private school building, and associated parking and recreational and athletic fields as depicted on the Development Plan, attached hereto as Exhibit B and incorporated herein by this reference (the "Plan" or "Development Plan"). 3. Concomitant Agreement. If the Property is rezoned from Business Park (BP) to RM 3600 by the Federal Way City Council, CFC and the City agree that the Property may be developed only in accordance with the standards and mitigation set forth in the Agreement. The Property shall be developed as described in the Agreement, and as depicted in the Development Plan. The allowable use of the property shall be limited to that described in the Agreement. All development standards, including mitigation, identified in the Agreement shall apply to Property development. No development on the Property shall be inconsistent with the Agreement or City Code. The Property is subject to the Agreement, and shall be deyeloped only in accordance with the development standards identified within the Agreement, including the Development Plan (except for minor modifications permitted by Section 10 of the Agreement), unless and until the Agreement is amended or rescinded, as authorized by the City. 4. Deyelopment Agreement. The Agreement is authorized by RCW 36.70B.170 through .210 and FWCC 22-1660 through 22-1680. It addresses Project development standards, which are defined in the statute to include, for example, impact fees, mitigation, design standards, phasing issues, review procedures, vesting issues, and any other appropriate development requirements. I The Agreement provides the City and CFC with certainty as to the type of Project that will be built, the type of mitigation that will be provided, and the development regulations to which the Project will vest. The Project is consistent with CUITent local regulatory requirements? As authorized by state statute/ the Agreement identifies mitigation under City codes and the State Environmental Policy Act (Chapter 43.21 C RCW, "SEP A") required for the project. 5. Vesting. City development regulations, as found in the Federal Way City Code (FWCC) or otherwise legislatively adopted4, and the mitigation measures adopted herein shall govern the Project for a period of five years, dating from execution of the Agreement. Any amendments or additions made to City development regulations during the five year period shall not apply to or affect the development, except as otherwise provided, or if other county, state or federal laws preempt the City's authority to vest regulations. The City reserves the authority to impose new or different officially adopted regulations to the extent required by a serious threat to the public health and safety.s After the fiye-year period, amendments or additions made by the City to these development regulations and the mitigation measures adopted herein shall apply to any subsequent or further development of the Property. Otherwise, the Property and the uses thereof that are developed consistent with this Agreement shall be deemed legal, nonconforming uses. Provisions of the Agreement, including specifically identified development standards and mitigation measures, do not terminate after the five-year period and continue to restrict development of the Property unless and until amended by the City. 6. Project Mitigation Under SEPA. The Project has been subject to detailed environmental review. A Final Environmental Impact Statement ("FEIS") was issued on March 3, 2004 and addenda were issued April 16, 2004 and May 21,2004. Mitigation of significant adverse environmental impacts imposed under SEPA, through the City's SEPA regulations, is incorporated into the Agreement. 7. Deyelopment of CFC Property. 7.1 Permitted Uses. CFC coyenants and agrees that it will limit any use of the Property to the church and school uses, as depicted in the Development Plan, attached as Exhibit B. Both the church and school are classified as principal uses for application of FWCC Sections 22-671 and 22-674. Accessory uses shall be limited to those approved as a part of this Agreement and shown on the attached Plan or List of Permitted Accessory Uses, attached as Exhibit C, or any accessory use determined by the Director of Community Development Services to be allowed, or analogous to an allowed accessory use, in the RM 3600 zone. 7.2 Relationship Between City Development Regulations and Development Standards Identified in Agreement. Development Regulations include all provisions of the Federal Way City Code (FWCC), including without limitation FWCC Chapters 18 through 22. The Development Regulations for the Property include those applicable to the RM 3600 zone and as 1 RCW 36.70B.170(3). 2 RCW 36.70B.170(1). J RCW 36.70B.170(3)(c). , Legal requirements include legislatively adopted standards governing development, such as zoning, building and development regulations. impact fees, SEP A regulations and substantive SEP A policies. and other laws. ordinances or policies. 5 See RCW 36.70B.170(4). 2 set forth in the Agreement. The Agreement establishes site specific development standards, including mitigation. Property deyelopment shall be consistent with both development regulations and the development standards identified in the Agreement. Where the development standards in the Agreement are more restrictiye, they shall goyern development of the Property, as specified herein. 7.3 Construction Phasing. Project construction shall be limited to two phases. Phase One shall comprise construction of the building for the church sanctuary, auditorium, meeting rooms and administrative offices, and the first 81,323 square feet of the school building, together with all on-site and off-site improvements required by this Agreement and by the conditions of any related permit approval. Phase Two shall comprise construction of a future second-story 20,203 square foot addition to the school building. Each phase, with the exception of improvements completely within the interior of a building, must be substantially completed within twenty-four (24) months of issuance of the building permit for that phase, except for delays beyond the control of CFC and approyed by the Director of Community Deyelopment Services which approval shall not be unreasonably withheld. Project construction shall be completed within five years of the execution of this Agreement, except for delays beyond the control of CFC and approved by the Director of Community Development Services which approval shall not be unreasonably withheld. 8. Settlement Agreement. The Parties shall be bound by the Settlement Agreement between the City of Federal Way and Federal Way Industrial Park, Inc., dated February 5, 1996, attached hereto as Exhibit D and incorporated herein by this reference. The Settlement Agreement provides certain development standards and other provisions applicable to use and development of the Property, which are consistent with the terms of this Agreement. The terms of this Agreement shall control oyer any inconsistent terms in the Settlement Agreement. 9. Development Standards, Including Mitigation. The Project shall be consistent with all specified development standards. CFC shall construct, install or implement, as part of Project Construction, all mitigation required by the Agreement. The City Council has reviewed the EIS and the record. Mitigation has been developed based on these documents. 9.1 Project Design and Site Configuration. 9.1.1 Building Setback. All site improvements shall be setback from South 336th Street a minimum of 50 feet. The property bordering South 336th Street shall be deemed the front yard for purposes of this Agreement. Remaining rear and side setbacks for the church building shall be 30 feet from any property line or right-of-way. Remaining side and rear setbacks for the school building, ball fields, and any playground equipment shall be 50 feet from any property line or right-of-way. 9.1.2 Building Height. The maximum allowed height of single-story elements of the church building is 35 feet above average building elevation (ABE), with up to three additional feet allowed for articulated cornices; the maximum allowed height for second- story elements containing offices, classrooms, library and similar uses is 40 feet aboye ABE. The maximum height of the school building is 40 feet above ABE with up to three additional feet allowed for articulated cornices. The maximum allowed height for the church sanctuary/school auditorium portion of the building and the gymnasium is 55 feet above ABE. 3 9.1.3 Landscaping. CFC shall provide an approved landscape plan, prior to issuance of the Phase One building permit, incorporating the following features. The landscape plan shall be prepared by a landscape architect in consultation with a habitat biologist, whose recommendations shall be incorporated into the plan. 9.1.3.1 Perimeter Landscaping. CFC shall provide a combination of existing and new native landscaping to accomplish Type III landscaping along all property lines and public rights-of-way and access easements. Along South 336th Street, landscaping shall be 50 feet in width consisting of 25 feet of a combination of Existing Native and Type III landscaping and 25 feet of Type IV landscaping. Along all other property lines associated with that portion of the Property containing the church, landscaping shall be 15 feet in width consisting of 10 feet of a combination of Existing Native and Type III landscaping and 5 feet of Type IV landscaping. Wetlands and wetland buffers which are vegetated in accordance with a City approved wetland mitigation plan and landscape plan and which are in excess of fifty (50) feet between the development and the property line shall be deemed to have satisfied the landscaping requirements of that property line. 9.1.3.2 Detention Pond Landscaping. Landscaping around detention ponds shall comply with the approved landscape plan and include at a minimum provision for dense bank cover and trees larger than the minimum required by FWCC to provide shade and reduce water temperature. For purposes of this Agreement, the term "larger" means deciduous trees larger than 3 inch caliper and evergreen trees taller than eight feet. 9.1.3.3 Habitat Retention. CFC shall provide a fifty (50) foot wide wildlife corridor from the west wetland to the east wetland with small animal culyert crossings under proposed roads and water ponding areas along the wildlife corridor, at a spacing of approximately 200 feet, to provide drinking areas for small animals. 9.1.4 Parking. 9.1.4.1 Setback. Parking shall be permitted within the required side and rear yards, but not within 10 feet of any property line associated with the school or within 15 feet of any property line associated with the church or within any required buffer. 9.1.4.2 Number of Stalls. CFC shall provide a minimum of 1,406 parking stalls and a maximum of 1,540 parking stalls. 9.1.4.3 Parking Dimensions. Maximum parking lot and stall dimensional requirements shall be equivalent to corresponding minimum FWCC requirements except as modified by the attached Exhibit E. 9.1.4.4 Overflow Parking/Special Events. Overflow parking shall be permitted only pursuant to a parking plan approved by the Director of Public Works. CFC 4 shall develop and submit a plan for approval by the Director of Public Works prior to special events to manage oyertlow parking through an aITangement with an appropriate transit provider or local hosts for shared use of additional off-site parking spaces and shuttle transportation connecting the overflow parking areas and the site during special events or in the event of recurring overflow parking conditions. CFC shall be responsible for all costs associated with traffic control including, but not limited to, flaggers, police officers, signs, and shuttle transportation. 9.1.5 Size Limitation. 9.1.5.1 School. The school structure shall be limited to 101,526 square feet, including 81,323 square feet in Phase One and 20,203 square feet in Phase Two, as depicted in the attached Conceptual Floor Plan, Exhibit F. The day care shall be located in the main church/sanctuary/administration building and shall be limited to 33,000 square feet. Based on these maximum square footages, total enrollment of the school and daycare shall be limited to a maximum of 900 full- time students. 9.1.5.2 Sanctuary. Sanctuary occupancy shall conform to all applicable local, state and federal laws and regulations and shall not exceed 4,500 occupants. 9.1.5.3 College. The Dominion College shall be considered an accessory use to the church and as such shall primarily serve CFC students and staff and members of the CFC congregation. The Dominion College shall be limited to 23,000 square feet as depicted in the attached Conceptual Floor Plan, Exhibit F. Based on this square footage, enrollment shall be limited to a maximum of 225 students. 9.1.5.4 Recreation Areas. Exterior recreation and play areas shall be provided in a minimum amount of 27,026 square feet in the school yard, a minimum 100,000 square feet in the recreation/sports field, and 4,613 square feet in the church day care area. Such minimum areas shall be permanently maintained as recreation and play areas. 9.2 Operational Limitations. CFC operations shall be consistent with the schedule and restrictions listed below. Changes in the below schedule, which was provided by the applicant, shall be reviewed under FWCC 22-1680 to ensure that the project remains consistent with the review completed under SEP A and the FWCc. Minor modifications may be approved by the Director ofCornmunity Deyelopment Services, as specified in FWCC 22-1680. 9.2.1 Church Service Hours. Church services shall be limited to one weekday evening service (typically on Wednesdays) which shall not begin before 6:30 p.m. and Sunday church services shall be separated by at least one and onelhalf hours between services. 9.2.2 Dominion College Hours. Dominion College classes shall not be held on weekends or between the hours of noon and 6:30 p.m. weekdays. 9.2.3 Bible Study Hours. Bible Study classes shall be held only weekdays before noon. 5 9.2.4 School Hours. School classes shall be completed no later than 3:30 p.m. daily. 9.2.5 Holiday Services/Special Events. Holiday services and special events shall be scheduled consistent with the approyed Traffic Management Plan (TMP) required by 9.4.12 and consistent with 9.1.4.4. 9.3 Construction Mitigation. 9.3.1 Erosion Sediment Control. CFC shall designate and provide an onsite Erosion Sediment Control (ESe) Supervisor approved by the Director of Public Works, who possesses a Construction Site Erosion and Sediment Control Certification by the Washington State Department of Transportation (WSDOT). This ESC Supervisor shall be available for the duration of the project. The qualifications and responsibilities of the ESC Supervisor are outlined in the 1998 King County Surface Water Design Manual. (KCSWDM) and City of Federal Way Addendum. The Director of Public Works may further limit clearing and grading activities on the site based on recommendations from the ESC Supervisor and requirements of the KCSWDM. 9.3.2 Stormwater Pollution Prevention Plan. A construction Stormwater Pollution Prevention Plan (SWPPP) shall be provided by CFC and reviewed and approved by the Director of Public Works prior to issuance of any construction permits or authorizations. Construction phasing shall be included in this plan. CFC has proposed several BMP's which shall be captured in the SWPP plan including, but not limited to, confining refueling and equipment maintenance to a hard-surface staging area with spill containment features and a spill clean-up kit, and pipe slope drains used to convey storm water over steep slopes. 9.3.3 Clearing and Grading. Clearing and grading shall be allowed only pursuant to a phased construction plan approved by the Director of Public Works. Clearing and grading shall occur only between May 1 and September 30 unless otherwise approved by the Director of Public Works. 9.4 Traffic Mitigation. CFC shall perform, as part of Project construction and prior to issuance of certificate of occupancy unless otherwise noted, the following traffic mitigation as required and approved by the Director of Public Works. 9.4.1 CFC shall reconstruct 18th Avenue South from the existing berm to S 344th Street to a modified street section, consisting of 24 foot wide street with vertical curb and gutter, 5-foot sidewalks, and two additional street lights mounted on existing power poles, consistent with the attached Exhibit G-l. Traffic calming elements shall be installed, including 2 speed humps, 1 crosswalk, bulb outs at the intersection of 18th Avenue South and S 341 5t Street and 18th Avenue South and S 344 th Street to narrow the throat width of 18th Avenue South to 20 feet, and street signage shall be installed to address no through truck traffic, children playing, speed humps, crosswalk and speed limit. 9.4.2 CFC shall improve S 344th Street ttom 16th Avenue S to 18th Avenue S consistent with the attached Exhibit G-2. Construction shall consist of Type R Street. The north side shall consist of a 40 foot wide street with curb and gutters, 4 foot planter strip with 6 street trees, 6 foot sidewalk, and street lights. The improvements shall be tied into the existing improvements to the west end of S 344th Street to the east side of the intersection of S 344th Street and 16th Ayenue S. On the south side, only curb and gutter shall be required. CFC shall construct improvements within existing right-of-way. 9.4.3 CFC shall improve S 344th Street through the intersection of 16th Avenue Sand shall signalize the intersection of S 344th/16th Ave S consistent with the attached Exhibit G-3. CFC shall construct improyements within existing right-of-way. 9.4.4 CFC shall construct street improvements consistent with the attached Exhibit G-4 to signalize the intersection of SR 99 and S 344th Street and provide a westbound-to- southbound left-turn lane within existing right-of-way. If delays beyond the control of CFC and the City prevent the completion of these improvements by the time of issuance of certificate of occupancy, CFC may obtain a certificate of occupancy subject to the Public Works Director requiring temporary traffic control measures for up to one hour following the end of each Sunday service until such time that the traffic signal is operational. 9.4.5 CFC shall perfonn a sight distance study, propose a conceptual intersection plan for the intersection of 20th Avenue S at S 341 5t Street to be approved by the Director of Public Works, and construct improvements as detennined by the Director of Public Works. 9.4.6 CFC shall construct street improvements along S 336th Street consistent with the attached Exhibits G-5 and G-6. The improvements shall be consistent with Type M street between SR 99 and 20th Avenue S, consisting of an 18-foot half-street with curbs and gutter, 6-foot planter strip with street trees, 8-foot sidewalk, street lights, underground utilities, and 3-foot utility strip. Improyements will be consistent with Type K street between 20th Avenue Sand 1-5, consisting of a 22-foot half-street with curb and gutter, 6- foot planter strip with street trees, 8 foot sidewalk, street lights, underground utilities, and 3-foot utility strip. A continuous two-way left-turn lane shall be provided between SR 99 and Forest Lane Town Homes frontage. Curbs and gutter, planter strip, and sidewalk shall also be provided on the north side between South Garden Court condominiums and Forest Lane Town Homes to tie into the existing improvements. An eastbound right-turn lane shall be provided on S 336th Street at 20th Avenue S, consisting of a IOO-foot storage length and 50-foot taper length. These improvements may be modified by the Director of Public Works to minimize impacts to wetlands or minimize right-of-way acquisition. 9.4.7 CFC shall improve 20th Avenue S for a distance of 225 feet (175 feet of storage and 50 foot taper) to the North of the intersection of S 336th Street and signalize the intersection consistent with the attached Exhibit G- 7. 9.4.8 CFC shall construct an eastbound right turn lane from S. 336th Street to 20th Avenue S. 9.4.9 CFC shall construct traffic calming elements on 20th Avenue S from S 336th Street to S 330th Street, including traffic circles at S 330th Street and S 332od Street and an island diverter at S 336th Street to prevent northbound and southbound through movements, and construct a sidewalk on the east side of 20th Avenue S from S 336tll 7 Street to tie in to the existing sidewalk, consistent with the attached Exhibits G- 7 and G- ~. CFC shall construct improvements within existing right-of-way. 9A.IO CFC shall provide two transit shelters, shelter footings, litter receptacle pads, landing pads and benches, one located on 20th Avenue S in the existing location north of S 336th Street and one located on S 336th Street as determined by City staff with input from King County Metro and Pierce Transit. 9A.ll Upon a one time request of the Director of Public Works, CFC shall develop and implement Sunday peak hour timing plans, based on turning movement counts for signal timing plans collected by CFC for the intersections of 20th Avenue Sand S 336th Street, SR 99 and S 324th Street, SR 99 and S 330th Street, SR 99 and S 336th Street, SR 99 and S 340th Street, 16th Avenue Sand S 344th Street, and SR 161 and S 348th Street. 9A.12 CFC shall implement a Traffic Management Plan (TMP) for the Project as approyed by the Director of Public Works. 9A.13 CFC shall pay to the City Three Hundred Fifty Thousand and NollOO Dollars ($350,000.00) to expand the City's existing project at the intersection of S 34Sth Street and SR 161 to provide for the construction of a second northbound right-turn lane with 550 feet of storage. Payment shall be made one year after receipt of the Certificate of Occupancy for Phase One of the Project or upon award of the bid to construct the turn lane whichever shall occur first. 9A.14 CFC shall pay to King County its pro rata share contribution to the King County Transportation Improvement Plan (TIP) project at South 320th Street and Military Road in the amount of Six Hundred Forty-Seven and No/I 00 Dollars ($647.00). Except as provided above, CFC shall use its best efforts to acquire any and all right-of-way necessary to complete the improvements described in this Agreement. If, through no fault of CFC, CFC is unable to acquire right-of-way necessary to complete the improvements described, the City and CFC agree to meet and confer on possible alternatives. The Director of Public Works may modify the required improyements as necessary proYided impacts are mitigated. 9.5 Payment of Pro Rata Share. CFC shall pay, prior to issuance of the certificate of occupancy for Phase One of its construction as defined in this Agreement, its pro rata share contribution to impacted City Transportation Improvement Plan (TIP) projects, identified and calculated below: 0 S 348th Street: 9th Ave S - SR 99: $60,500 0 S 356th St: 1st Ave S - SR 99: $50,200 0 S 34Sth St @ 1st Ave S: $13,100 0 S 336th St @ 1st Way S: $3000 0 Ith Aye SW / SW 344Úl St Extension: SW Campus Dr - 21st Ave SW: $38,700 0 1st Ave S: S 320th St - S 330th St: $7600 0 21 st Ave SW Extension: SW 356th St - 22od Ave SW: $2800 0 SR IS @ SR 161: $24,800 0 S 336th St @ 9th Ave S: $1100 8 0 S 320th St@ 1-5: $34,100 Total $235,900 9.6 Surface Water Mitigation. The following storm water mitigation, as required and approved by the Director of Public Works, shall be designed by CFC prior to issuance of construction permits or authorizations and constructed by CFC prior to issuance of certificate of occupancy. 9.6.1 CFC shall design and construct the east basin storm water detention pond to meet Level 2 flow control standards. 9.6.2 Consistent with the Process IV Hearing Examiner Decision, CFC shall design and construct all runoff from the Sanctuary roof for the 2 year storm event to be collected and dispersed through percolation trenches to maintain wetland hydrology in the westerly wetland. 9.6.3 CFC shall design and construct all surface water treatment facilities from the East and West I subcatchments to include the use of Stormwater Management@filter vault systems which meet or exceed Resource Stream Protection standards. 9.6.4 CFC shall design and construct storm water discharge facilities entering into wetlands or buffers as percolation or infiltration trenches and discharges to wetland buffers in a dispersed manner consistent with the Process IV Hearing Examiner Decision and as approved by the Director of Public Works. 9.6.5 CFC shall provide, prior to issuance of Building Permit, an Integrated Pest Management Plan as described in the Ecology Stormwater Manual (Ecology 2001). This source control BMP shall outline control of fertilizer and pesticide application, soil erosion, and site debris, and include the use of pesticides/herbicides only as a last resort. 9.7 Wetland Mitigation. CFC shall comply with all conditions contained in the Process IV Hearing Examiner Decision dated April 23, 2004 and attached hereto as Exhibit H. 10. Other Project Review Processes and Minor Modifications. 10.1 Other Project Review Processes. The Project will be subject to building permit review and other applicable review processes. The final design of the buildings and other improvements, precise location of building footprints, location of utilities, determination of access points, and other design issues will be determined during that process and must be consistent with the Agreement. 10.2 Modifications. Minor modifications to the Plan may be approved by the Director of Community Development Services and processed in accordance with FWCC 22-1680. Factors to be considered by the Director of Community Development Services when determining if a modification to the Plan is minor include but are not limited to the following.: a. Activity changes (excluding change of use of the principal use or expansion of accessory uses as specified herein) or increases in square footage of gross floor area as defined by 9 FWCC section 22-1 that do not result in significant additional or modified trip generation or distribution. b. Changes in the location or number of access points that do not impact traffic safety or modify trip distribution. c. Requests for modification of landscaping pursuant to FWCC 22-1570. d. Removal of significant trees in conjunction with other actions deemed minor. e. Addition of fewer than twenty parking stalls outside of areas containing "significant trees" as defined by FWCC. f. Exterior changes that do not significantly add to or alter approved architectural design. g. Actions that do not result in impacts to the' environment pursuant to the State Environmental Policy Act requiring issuance of a mitigated threshold determination of nonsignificance. h. Actions that do not require review by the hearing examiner. A modification is not minor if the Director of Community Development Services determines that there will be substantial changes in the impacts on the neighborhood or the city as a result of the change. Modifications that are not minor modifications are major modifications and shall require City Council approval pursuant to FWCC 22-1680. 11. Waiver and Mutual Release of Claims of Invalidity. The City and CFC acknowledge and represent that the terms of this Agreement have been jointly negotiated and that each party enters into this Agreement voluntarily. Further, CFC and the City agree that this Agreement is authorized under law and each party waives any claim that the Agreement is invalid or illegal. The agreements and representations in this Section are material to this Agreement and are being relied upon by both parties. 12. General Provisions. 12.1 Binding on Successors. 12.1.1 The Agreement shall bind and inure to the benefit of the Parties and their successors in interest, and may be assigned to any successor in interest to the Project property. 12.1.2 This Agreement is intended to protect the value of, and facilitate the use and development of, the Property and to protect the public health, safety, and welfare of the City. Therefore, the covenants set forth herein shall be construed to and do touch and concern the Property and the benefits and burdens inuring to CFC and to the City from this Agreement shall run with the land and shall be binding upon CFC, its heirs, successors, and assigns, and upon the City. 12.2 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. Venue for any action to enforce the terms of this Agreement shall be in King County Superior Court. 12.3 Seyerability. The provisions of this Agreement are separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Agreement, or the validity of its application to other persons or circumstances. 10 12.4 Authority. The City and CFC each represents and wafTants to the other that it has the respective power and authority, and is duly authorized, to execute and deliver this Agreement and that the persons signing on its behalf are duly authorized to do so. CFC further represents and wafTants that it is the fee owner of the Property, that it has authority to agree to the covenants and provisions contained herein, and that there are no other persons, entities, or parties with any fee interest in the Property. 12.5 Amendment. This Agreement may be modified only by written instrument authorized by the City Council and duly executed by the City Manager and CFC, and their successors and assigns consistent with FWCC 22-1679; provided, however, notwithstanding the provisions of this Agreement to the contrary, the City of Federal Way may, without the agreement of CFC, adopt and impose upon the Property restrictions and development regulations different than those set forth herein, if required by a serious threat to public health and safety. Moreover, as provided in Section 5 of the Agreement, five years after the date of the execution of the Agreement, the City may elect, without the agreement of CFC, to apply development regulations in effect at that time to any development within the scope of the Agreement that has not been completed at that time. 12.6 Exhibits. All exhibits attached hereto are incorporated herein by this reference as if fully set forth herein. 12.7 Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. 12.8 Integration; Scope of Agreement. This Agreement and its exhibits represent the entire agreement of the Parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein. This Agreement does not set forth all conditions applicable to the Project to the extent that additional conditions may be imposed as part of any permit issued by the City, as required by the Federal Way City Code as determined by the discretion of the Directors of the Departments of Community Development Services and/or Public Works. 12.9 Enforcement. Subject to the notice and cure provisions of this section, in the event either party fails to satisfy any of its obligations under this Agreement, the other party shall haye the right to enforce this Agreement by an action at law for damages or in equity for specific performance. The Parties acknowledge that damages are not an adequate remedy for breach by either party. In addition to the remedies set forth herein, in the event of a breach of this Agreement by CFC, the City may enforce this Agreement under the enforcement provisions of the Federal Way City Code in effect at the time of the breach and/or it may terminate this Agreement and take action to amend the Comprehensive Plan and zoning designation of the Property. No party shall be in default under this Agreement unless it has failed to perform its duties or obligations under this Agreement for a period of thirty (30) days after written notice of default from the other party. A notice of default shall specify the nature of the alleged default and the manner in which the default may be cured. If the nature of the default is such that it cannot be reasonably cured within thirty (30) days, then a party shall not be deemed in default if the party commences a cure within thirty (30) days and, thereafter, diligently pursues completion of the cure. 11 12.10 Attorneys Fees. In any action brought to enforce this Agreement or for damages resulting from a breach thereof, the prevailing party as determined by the court, shall be entitled to recover its reasonable attorneys' fees. 12.11 Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers of the City granted by the Washington State Constitution or by general law. This Agreement is an exercise of the City's police powers, the authority granted under RCW 36. 70B.170-.21 0, and other laws. 12.12 Recording; Assignment. The Agreement shall be recorded with the Real Property Records Division of the King County Records and Elections Department. 12.13 No Third Parties. The Agreement is made and entered into for the benefit of the parties hereto and their successors and assigns. No other person or entity is an intended third party beneficiary. No other person or entity shall have any right of action under this Agreement. IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year indicated. BY: BY: CHRISTIAN FAITH CENTER, a Washingto onprofit corporation Date: ,2004. r N. hristine Green, CMC Federal Way City Clerk Approved as to Form for City of Federal Way: Approved as to Form for Christian Faith Center: awler BuIToughs & Baker, PC 12 STATE OF WASHINGTON ) )ss. ) COUNTY OF KING On this day, personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, Casey Treat to me known to be the President of CHRISTIAN FAITH CENTER, a Washington non-profit corporation, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that hei:eæ is authorized to execute said instrument on behalf of said corporation. Given under my hand and official seal this 2ì~ day of --""'" _--'?:-{L L. Bu."" .:-..& "'.......... %~ 'I .:- ca- '...~~\ON ~~y " :...~ /-..', 1 i~~OTARY ~\ ~ ~ :0 - en: ~ ~ ... PUBUC : ~ ,,'. ... ~ 1 ".\p~;;;:'.?9-Q~..."'1P f ,~1.(::- ..".".~~'J- \"\ OFWÞS""_.:'" '"",,--- K: \CFC\documents \c fcdevagrO 7 2004 13 EXHIBIT A TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT LEGAL DESCRIPTIONS OF PROPERTY PER CHICAGO TITLE CO. ORDER #553764 PARCELS 1-6,8-9,11,12-13 & TAX LOT #59 IN THE NORTH 1/2 OF THE NW 1/4 OF SEC. 21, T21N, R4E, W.M., KING COUNTY, WASHINGTON TAX LOT #59 PER STATUTORY WARRANTY DEED REC. #9706091592 THE NORTHEAST QUARTER OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 30 FEET THEREOF CONVEYED TO KING COUNTY FOR SOUTH 341 ST. PLACE BY INSTRUMENT RECORDED UNDER NUMBER 8410170757, SAID INSTRUMENT BEING A RE-RECORD OF INSTRUMENT RECORDED UNDER RECORDING NUMBER 8111020670. EXHIBIT B TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT CHRISTIAN FAITH CENTER DEVELOPMENT PLAN vi NATIVE GROWfH PROTECTION TRACT -~.- PARKING STALLS PROVIDED: 1.406 - 1,540 AS OF: MAY 10,2004 ~~_=-:::~1SfP-'-----.. 't--~ /- --- c ,"\ ,--- Abbey Road EXHIBIT C TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT LIST OF PERMIITED ACCESSORY USES Christian Faith Center - Chart of Uses L~~1'!CIUARYX~R.?~.~~~Q.~_._--------_.._._.__. .._.- -. -.... -'--.' -- -'.-.. -.-.- -- - -. _..=~~~--~~] Sanctuary/School Auditorium (Includes Stage) 4,500 Seats Multi-purpose rooms Bookstore with Café Youth Church (Multi-purpose rooms/chapel) Children's Church (Chapels, classrooms) Daycare Music Area - Choir Room (Room behind stage) Other Areas (Storage facilities, mechanical rooms, computer/phone room, TV/audio department, baptismal, kitchen, distribution center, hallways, facilities offices, wedding chapel, meeting room, bathrooms, etc.) Dominion College (Classrooms, offices) 33,054 42.58143 8,81794 3,702.16 14,095.82 := C-s,4899. 9. ~ I := --.l~~63.6Q ------.J 1,772.37 ICH~I$ilA.N FAITH SÇHpOl '.' . Christian Faith School (Private School) 900 Students 2nd Floor Sub-total Grand Total 21,062.82 18,288.96 ~2-,_~45.22 51,597.00 218,500.00 SF Administrative Offices Other Areas (Storage facilities, Hallways, Bathrooms, etc.) 101.52(300 --- Sub-total Total 101,526.00 101,526.00 EXHIBIT D TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT SETTLEMENT AGREEMENT 19 ~, . "<h;:i"hJ "":~'" ': (. , ".. CO SETTLEMENT AGREEMENT THIS AGREEMENT ("Agreement") made this 5c.Ji-\ day of (drV4':j_, 19~, by and between the CITY OF FEDERAL WAY, a municipal corporation, hereinafter referred to as "CITY", and FEDERAL WAY INDUSTRIAL PARK, INC., a Washington corporation, hereinafter referred to as "FWIP". WHEREAS, CITY commenced a Petition for Condemnation in the King County superior Court under cause #95-2-19577-6; and WHEREAS, the parties hereto have reached an agreement settling all claims in that condemnation action; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The CITY OF FEDERAL WAY shall be granted an irrevocable, exclusive and permanent easement in the form attached hereto as Exhibit "I" and incorporated herein by this reference ("Easement") granting to the city the free and .uninterrupted use over, across and through certain real property ("Property") located in Federal Way, King County," Washington and legally described in Exhibit "A" to the Easement. The city's rights shall be exercised, upon that portion of the Property legally described in Exhibit "B" to the Easement (" Easement Area.") 2 . In consideration of the grant of the Easement by FWIP to the CITY and upon execution of this Agreement and satisfaction of the contingencies set forth in Paragraph 17, the CITY shall pay to FWIP the sum of Five Thousand and no/100 Dollars ($5,000.00) simultaneously with the recording of the Easement. - 1 - æ; (Q) Ip 1f (') ( ORIGINAL J: \C06125\H15005\OO029307. 3 "'1 '" :'. .~,¿~;~ ~~:~~1; ?'*iA f:Þrk~;: R' Z'" ¡ì1 Exhibit ",II" , -attached hereto, and by this reference fully incorporated ("Wetland Buffer Area"). The Wetland Buffer Area shall be applicable to all future developments on the Property. 5. FWIP shall be allowed by the CITY to handle storm water retention/detention for any project on the Property, by constructing, in compliance with then-applicable codes (which as of this date are found in the King County Surface Water Design Manual) and at its expense, such conveyance systems as are reasonably necessary to provide for direct gravity flow drainage of storm water from the Property, to the storm water facility which the CITY is constructing on the Easement Area, so as to eliminate the need for storm wa ter retention/detention on those portions of the Property which naturally drain to the Easement Area. FWIP'S right tò allow such drainage shall be limited to waters which currently naturally drain to the Easement Area and shall be limited to the initial development of the Property and shall not be extended to any redevelopment of the Property. "Initial development" shall mean the initial development of each phase of all of the Property. 6. The CITY agrees that the Easement Area may, at -the option of FWIP, be included in any calculation of open space required for the development of the Property. The Easement Area may, at the option of FWIP, also be included in computing maximum lot coverage for development of the Property. Nothing herein shall relieve FWIP from complying with the city's landscape or other requirements for development. 7. The CITY sl1é\l~pa~,aJlt~costs~relâted ,-,tdj':obtaining' ~~PP.E-?~g.~~tqlZ'1i'¡and_of~cleyelõpTng-..;,rtliêr;Easemen~-A.pea, as a storm water - 3 - J:\c06125\H15005\00O29307.3 V' ~est'~shall'-" be, reasonable 1n.' :comparison::';.tb'::;Yother.'~.:}silUiiJ..ar.\,d, ( ;;o~:~~~, ~u:: tl:: t the r equ:~ t is" .,ot used to c ircumventth e . spirit of this provision~ ~1. CITY staff will support a proposal through lot line ~mination to combine lot 2 and lot 3 of the short plat recordéd þder King County Auditor 18110300869.50 as to be considered as one "- ~ "'... :1) lot for development purposes. 12. CITY staff will support an application by FWIP to extend the parking lot improvements on lot 4 of the short plat recorded under King County Auditor 18110300869 into the Wetland Buffer Area up to the western toe of the slope of the berm forming the western boundary of the retention/detention facility, provided, that appropriate mitigation, determined pursuant to City codes, such as planting on the edge of the berm, is provided by FWIP. To the extent that the city staff requests mitigation for the loss of Wetland Buffer, said request shall be reasonable in comparison to other similar proposals, such that the request is not used to circumvent the spirit of this provision. 13. CITY staff will support a variance, pursuant to City codes, ,from the required lot size for, lot 4 of the short plat recorded under King County Auditor #8110300869,to,allowdevelopment of building improvements on said lot due to the limitations on the ; ability ,to ,combine lot 4 with .other .,lots;"oLthe.short::plat. 14. CITY staff will support parking lot improvements in the portion of the Wetland Buffer Area south of the roadway of lot 2 of the short plat recorded under Auditor #8110300869. with appropriate mitigation costs, pursuant to City codes, to be provided by FWIP. - 5 - J:\CO6125\H15005\OOO29307.3 17. The obligations under this Agreement are conditioned upon and subject to final approval of this Agreement by the city Council of Federal Way. 18. This Agreement shall constitute the entire agreement between these parties. Any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding on either party except to the extent incorporated in this document. 19. It is agreed that this Agreement will be governed by, construed and enforced in accordance with the Laws of the state of Washington. 20. Any modification of this Agreement or additionðl obligation assumed by either party in connection with this Agreement shall be binding only if evidenced by a writing signed by each party or an authorized representative of each party. 21. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 22. Except as otherwise expressly set forth in this. Agreement, the rights and obligations of the parties shall be binding upon and inure to the benefit of their respective successors in interest and assigns. 23. In the event either of the parties defaults on the performance of any terms of this Agreement or either party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each party shall pay all its own attorney's fees, - 7 - J:\CO6125\H15005\OOO29307.3 '~T~_P" - - ,INC.,: a washington corporati?n,. who executed the foregoing .urnent and acknowledged the sa1d 1nstrument to be the free and lltary 'act and dee~ of said corporation, for the uses and Joses therein ment10ned, and on oath stated that he was .horized to execute the said instrument and that the seal affixed the corporate seal of said corporation. affixed the day and 1:ç~ 1?~ NOTARY PUBLIC in and fue state of Washington, residing at ãi I~ . My appointment expires on (- cJ-q....c¡g . ) ) SSe ) On this ~3~ day of Fe brùal'~' 19<7b, before me, the undersigned, a Notary Public in and f r the state of Washington, duly commissioned and swçrn, personally appeared 1J;;1Y\e~ E_::-_!JLJ her~ to me known to be the C-'+:j ì}1a",Qj-er-, 4B~tive of the Cl'rY OF - FEDERAL WAY, a municipal corpora~10n, who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first'~~~~\\written. f~~'~c9°ñ ~~ V A~--._- g ~;~; . ~ NOT~ PUBLI~hest te of ~ <8,\ Puau<J Washington, residing at ~dt1({j 'lJtLLL. II,'?'::"'" 1.2<J.fIð~; My appointment expires on f- J7'-y:f U-. 't" <-' """'" 3' 't, Of: WN5 ~i \\u. "..e:- STATE OF WA:sH'tN'GTON ) )(;h-üv ) ss. COUNTY OF ¥fERCR- : vv"O ) On this g day of ftߣ v\~, 19~, before me, the undersigned, a Notary Public in and for the state of Washington, duly commissioned and sworn, personally appeared Helmut Wallenfels, to me known to be the Senior Legal Counsel of WEYERHAEUSER COMPANY, a Washington corporation, who executed the foregoing instrument, and acknowledged the saià instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the - 9 - J: \C06125\H15005\00O29307. 3 . '..' '." . . . .' " . " .' "" " ~" " '., " EXHIBIT I ";~" . f . ',-' . , .' " ; <-. ¡ EXHIBIT I ";X;~ftP.':"1 filED fOR RECORD AT REQUEST Of: THIS SPACE RESERVED fOR RECORDER'S USE: federal ~aY Industrial Park (Appl.icant's Name) HAil TO: CITY Of fEDERAL ~AY 33530 1st ~ay South fEDERAL ~AY, ~A 98003 ATTN: Londi K. Lindell PERf<AHENT IEXClUS [VE EA.SÐEJ(T for and in consideratioo of One Dollar ($1.00) and other valuable.consideratioo,the receipt of \/hich is hereby acKno~ledged, federal ~ay Industrial ParI::' ("f~IP"), a ~ashingtO!l corporatioo ("Grantor"), grants, cooveys and ~arrants to the CITY Of fEDERAL ~AY, a \lashingtO!lllUlicipal corporatiO!l ("Grantee") for the purposes hereinafter set forth a perpetual, exclusive and permanent easement-teder, across' and over certain real property (the "Property") located in federal \lay, \lashingtO!l, legally described as follows: Legal OescriptiO!l of Property' attached hereto as-Ex!tibif':'A" and incorporated herein by this reference. '.' "~"'>'-'.'.. .c." Except as may be othe~ise set forth herein, Grantee's rights shall be exercised upon that portico of the Property ("Easement") legally described as follows: legal Oescriptioo of Èasemenf attached hereto as ~Xìi'ihì~~~B" and incorporated herein by this reference.: . " 1. Wurpose. Grantee and its agents, designees and/or assigns shall have the perpetual, exclusive and permanent right, without prior notice to Grantor, at such times as deemed necessary by Grantee, to enter upon the Property to inspect, design, construct, reconstruct, operate, maintain, repair, replace, remove, grade, excavate, and enlarge all surface water. facilities including, but not limited to, underground facilities and/or systems U{>OI1 and/or under the Easement, together with all appurtenances thereto, including without l.imitatioo, outlet structures, cootrol structures, pipes, catchbasins, manholes, retentioo and detentioo facil.ities, ponds, biofiltratioo swales, water qual.ity treatmentfacil ities, vaults and ditches ("facilities"). follo~ing the initial construction of the facilities, Grantee may from time to time CO!lstruct such additional facilities or ilrÇrovements as it may require. Grantee shall have the right to flood the Easement. [n additioo to the foregoing, Grantee shall have the right to engage in any and all activities as if Grantee owned fee title to the Easement. 2. "Access. If reasonable access to the Easement is not otherwise available, Grantee shall h{lve the right of access to the Easement over and across the Property to enable Grantee to exercise its rights hereunder. 3. ObstrUctions; landscaping. Grantee may remove any and all vegetatiO!l, trees, or other obstructions within the Easement, and may level and grade the Easement. 4. Grantor's Use of Easement. Except as hereafter provided, this Easement shall be exclusive to Grantee; provided, however, Grantor reserves the right to use the Easement in order to c~ly with City code requir~ts for opeo space, greenbelt or maxiltU11 lot coverage; provided, however, that such right does not incluck c()(rplyin~J with the City's landscape code or other code requirements. Grantor may install, at its expense nnJ in coopt i ance with all appl.icable lallS, such faci Ii ties as are reasonably necessary to provide for di rect discharge of storm water from the Property to the Easement after obtaining all necessary permits. Grantor's right to use the Easement for purposes of calculating open space, green belts or maxiltU11 lot coverage shall not entitle Grantor to enter upoo or disturb the Easement for any reasO!l. Except as necessary to provide drainage facilities from the Property to the Easement, Grantor shall not perform digging, tunnelling or other form of constructiO!l activity OIl the Property, which would disturb the c~ctioo or unearth the facilities 00 the Easement, or endanger the lateral support to the Facilities. Grantor shall not blast within fifteen (15) feet of the Easement. Provided further as to the area described as "The East 175.5 feet of the North 30 feet of tract X of King County Short Plat No. 281074 and the South 30 feet of the Easement area of lot 3 of the Plat," this Easement shall be non-exclusive and Grantor or its successors or assigns ~y construct a road and connect to exist:ng utilities in s~id area, if done in coœptiance w:th applicable codes. J:\CO6125\HI5005\00029453.#2 .;. --~,~.., ',",.:,I~"(,""'j¿;(.......,:;.;.'~t,;"\".'Q':"¡,,,,'... ',I,:';:' . :, :ílíí'.f.\'i(;,..:", ';-(~:,I':¡';,l,.j;x,.¡',"', ..' I ",;";~"",,,'.è:",:'}':',~/~!.c',' . . . .; ':-'-.- . :: 5. 1~lflc:àtioo. Grantor egrees to ~aive eny Ðnd all clallRS rdetfng to any damage to the Easement, Incllrlinrf"those "'resul Hng from sudece water flooding and further to indeooify end hold Grentee, Its elected officials, officers, employees, agents, and volunteers ha~less from eny and ell claims, demands, losses, ectlons end liabilities (including costs end all attorney fees) to or by eoy and ell persons or entitles, Including, without limitation, their respective egehts, licensees, or representetives, erlslng from, resulting from, or connected with Grentor or Grantor's egents', employees', or invltees' negligent actions. 6. Successors end AssignS: The rights end obligations of the parties shall inure to the benefit of and be binding upon their respective successors. in interest, heirs end esslgos; provided, however, that GrentOr's right to discharge stonu.water to the Easement shall be limited to waters which currently naturally drain to the Easement and shall only apply to the initial development of the Property and not to eny redevelopmeot of the Property. All such redevelopment will be required to comply with all eppllcable le~s end codes. Wlnltiel development" shall mean the initial development of each phase of all of the Property. 7. Ho Encurorences. 'Grentor shall maintain the Easement free of all eocurbrances end defects eoo is prohibited from recording Or taking any ection which results in .the recording of any lien, encurbrance or other defect against the Easement. DATED THIS day of I 1996. GRAM TOR atJJITEE FEDERAL ~AY INDUSTRIAL PARK CITY OF fEDERAL ~AY By: By: Kenneth E. Nyberg Its: Its: City Manager UEYERHAEUSER COMPANY APPROVED AS TO fORM: By: Its: Helmut Vallenfels Senior Legal COI..OSel Londi K. Lindell, City Attorney J:\C06125\HtSOOS\OOO294S3.#2 STATE Of ~ASHINGTON croNTY OF ) ) ss. ) On this - day of , 1996, before ene, the t.ndersigoed, a Notary Plblic in and for the State of IJashlngton, dJly coornissloned and S\lOrn, pen()(\8lly appeared , to me known to be the of FEDERAL ~Y INDUSTRIAL PARK, INC., the corporation that executed the for~oing Instrunent, and acknol.iledged the said Instrur.eot to be the fr~ and vollntary act and deed of said corporation, for the uses and purposes therein ~tloned, and on oath stated that he/she was authorized to execute said instrunent and that the seal affixed, if any, Is the corporate seal of said corporation. IJITNESS my hand and official seal hereto affixed the day and year first above written. (typed/printed name of notary) Notary Plblic in and for the State of Uashington. My coornission expires: STATE Of UASHINGTON ) ) ss. ) croWTY OF On this - day of , 1996, before ene, the undersigned, a Notary Publ ic in and for the State of ~ashington, duly cocrmissioned and S\lOrn, pers()(\8lly appeared Ke1fieth E. Nyberg, to me kno<.lr1 to be the City Manager of the City of federal Vay, a IJashington municipal corporation, the corporation that executed the foregoing instrunent, and acknol.iledged the said instrunent to be the fr~ and vollntary act and deed of;aid corporation, for the uses and purposes therein ~tioned, and on oath stated that he was authorized to execute said instrunent. . UITNESS my hand &nd official seal hereto affixed the day and year first above written. (typed/printed name of notary) Notary'Plblic in and for the State of Uashington. My comuission expires: STATE OF UASHIWGTON ) ) ss. ) croWTY OF On this - day of: , 1996, before ene, the undersigned, a Notary Plbl Ic' in and for the State of Uashington, dJly cocrmissioned and S\lOrn, pers()(\8lly appeared HelllUt Uallenfels, to me known to be the Senior legal Cou:1sel of UEYERHAEUSER cœPANY, the corporation that executed the foregoing instruneot, and acknowledged the said instrunent to be the fr~ and volootary act and deed of said corporation, for the uses aoo purposes therein mentioned, and on oath stated that he was authorized to execute said .instruneot and that the seal affixed, If any, is the corporate seal of said corporation. UITNESS my hand and official seal hereto affixed the day and year first above written. (typed/printed name of notary) Notary Plblic in and for the State of Uashlngton. My cocmdssion expires: J:\C06125\M15005\OOO294S3.#2 ,.,,"i:~.m~~~~~ifl!i.\'m¡i\1'i~V::~~r,¡::;'b~-"""" ~.'-~ i<:¡"'~%Wl1;' f . .' : -- 'j . },: ?"~ ~}1~~~~;;~~~ ~N ,~~r~ ~,:'~~~l ~1 ç5~~{1,~;.H~rt: t:~:; ~!~ft~:~~~~1~:. ¡ . ' ""-. . '-.. .....' . EX1IIB IT tf A If TO P ERHANElIT I EX CL US IVE EAS EMENT PARCEL A: Lot 3, King County Short plat No- 281074, according to short plat recorded under King County Recording Number 8110300869, being a portion of the northwest quarter of the northwest quarter of Section 21, Township 21 North, Range 4 East, W.M., in King County, Washington. PARCEL B: Lot 4 of King County Short Plat No. 281074 according to short plat recorded under King County Recording Number 8110300869, being a portion of the northwest quarter of the northwest quarter of Section 21, Township 21 North, Range 4 East, W_M., in King County, Washington. PARCEL C: That portion of the northwest quarter of the northwest quarter of Section 21, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the northwest corner of said northwest quarter of the northwest quarter; thence south 89°13'33" east along the north line of said northwest quarter of the northwest quarter a distance of 261.2~ feet; thence south 00°14'39" west a distance of 30.00 feet to the south right of way margin of South 336th Street and the TRUE POINT OF BEGINNING; thence continuing south 00°14'39" west a distance of 546.02 feet; thence south 89°13'33" east a distance of 399.45 feet; . thence north 00°14'39" eas~ a distance of 546.02 feet to the said south right of way margin of South 336th Street; thence north 89°13'33" west along said south right of way margln a distance of 399.~4 feet to the TRUE POINT OF BEGINNING. PARCEL 0: That portion of the northwest quarter of the northwest quarter of Section 21, Township 21 North, Range 4 East, W.M., in-King County, Washington. described as follow~- Commencing at the northwest corner of said northwest quarter of the northwest quarter; . . thence south 89°13'33" seconds east along the north l1ne of sa1d northwest quarter of the northwest quarter a distance of 813.80 feet; thence south 00°14'58" west a distance of 30.00 feet to the south right of way margin of South 336th Street and the TRUE POINT OF BEGINNING; thence continuing south 00°14'58" west a distance of 670.67 feet; thence north 89°16'45" west a distance of 153.10 feet; thence north 00°14'39" east a distance of 670.81 feet to the said south right of way margin of South 336th Street; thence south 89°13'33" east along said south right of way marg1n a distance of 153.10 (eet to the TRUE POINT OF BEGINNING; EXCEPT that portion deeded to King County for South 336th Street under Recording th.lmbel." CGO9030322. EXHIBIT "Au TO PERMANENT/EXCLUSIVE EASEMENT Pg. t of t "'.'.,. "<'~;~R'*'~;'t~1!-':"("":;:" <;( ",::,!,?'~'í~~'f';~1}~: ~>":;' ." ~;'.~ .' Pg. 1 of 8 nl/721olu..doc . '-'.:'d:.' " . ';:. -i ;. ' ~EGAL DESCRIPTIC PROPOSED EASEMENT ACQUISffiONS ON STRANICK-10BNSON PARCEL NO. 212104-9084 That part of Lot 3, King County Short Plat No. 281074, according to short plat recorded under King County Recording Number 8110300869, being a portion of the northwest quarter of the northwest quarter of Section 21, Township 21 North, Range 4 East, W.M., in King County, Washington. Being described as foHows: Beginning at the northwest corner of said Lot 3 and the TRUE POINT OF BEGINNING; thence south 88° 15'52" east a distance of 162.06 feet; thence south 23°35'30" west a distance of 231.61 feet to a point on a non- tangent curve having a radius of 300.00 feet; thence along said curve to the right 32.63 feet through a central angle of 06° 13'56"; thence north 59°09'15" west a distance of 27.40 feet to the beginning of a curve haying a radius of 300.00 feet; thence along said curve to the left 25.27 feet through a central angle of 04° 49'33"; thence north 01°44'08" east a distance of 175.99 feet to the TRUE POINT OF BEGINNING. EXHIBIT "B" TO PERMANENT I EX au S I VE EAS EMENT '.', :..,:";<O'j,.;:';;1: ....U,"'" ..~ . "":,:, '. ~., $~': ~I-:-- . ~:ì.: ~?i' :~.::. ~f ~;;..:: . .¡~; .'... EXHIBIT "B",TO PERMANENT/EXCLUSIVE EAS~NT Pg. 2 of 8 :1: / !/ f /] / Ï i RECEIVED ¡ : J U L - 3 \$95 fEDtRAL WAY PUBUC WO AD~ON DMS¡O ir. I "'C~" '.~'~ 0,'" 0.169 0 ~ 100 ,~ ~ ' ~e .. reel .......... "O"tTt.oW;> eo<.><>AAT .........- ""~TY ~S oW;> "",<1 r:y >lAT NOT A RECORD O~ SURVEY FOR INI'ORI.IA TION ONLY {ll/1 '\ \ .. ¡¡"' = ec~. . FrY lUl" Cc.Nj ..., L'.-h'. - "~. IT--"'" OC\';.'.~"::.;1;\OOCV"o('" 'i" . Hi EASEl.Ié:flT STR,wcx.JOH>jS PAACEl '1171O4.?, "......om ..1'" " :u. -..., ~ . :'.:- '. ';::' ::~~:;:}{~~:,:';~:/ .. . . .~ '.. ~ Pg. 3 of 8 nll7Valu..doc . . , ..i . ~":.':';:<~ ~~~:~:ði1~~~:~j1:~':¥~~~W..~f~f.)m\~~\~::~'~"". ;', "~~?:~~!:{~ .,. LEGAL DES CRœTR PROPOSED EASEMENT ACQUISITIONS ON STRANICK-JOHNSON PARCEL NO. 212104-9026 That part of Lot 4 of King County Short Plat No. 281074 according to short plat recorded under King County Recording Number 8110300869, being a portion of the northwest quarter of the northwest quarter of Section 21, Township 21 North, Range 4 East, WoM, in King County, Waslúngton. Being described as follows: The North 30 feet of said Lot 4 Also The East 140 feet of said Lot 4 Also The East 175.50 feet of the North 30 feet of Tract X of said short plat No. 281074. EXHIBIT "B" TO PERMANENT/EXCLUSIVE EASEMENT ~ I ~a ~H at:d ~H c: t-3 C/) - H - ~~ ~~ I ,...-x,--,," Pg. 5 of 8 n(/]2Ia.ll.1.doc . :.i:..:.;;;'\)tf;,¡'j.:~":::'~'~'! " ~,)~{:~~?:~:> :,- ";:":':';~"<::::":~;~;Y~@~~$~t~1.~~~;l LEGÀL DEScro:PT....A~{ PROPOSED EASEMENT ACQUISITIONS ON STRANICK-JOBNSON PARCEL NO. 212104-9067 That portion of the northwest quarter of the northwest quarter of Section 21, Township 21 North, Range 4 East, W.M, in King County, Washington. described as follows: Commencing at the northwest comer of said northwest quarter of the northwest quarter, thence south 89° 13'33" east along the north line of said northwest quarter of the northwest quarter a distance of 813.80 feet; thence south 00° 14'58" west a distance of 30.00 feet to the south right of way margin of South 336th Street; thence north 89° 13'33" west along said south right of way margin i. distance of 100.82 feet and the TRUE POINT OF BEGINNING; thence south 00° 14'58" west a distance of 181.30 feet; thence south 22°37'48" west a distance of 137.29 feet; thence north 00°14'58" east to the south right of way margin a distance of 308.73 feet; thence south 89° 13'33"' east along said south right of way margin a distance of 52.29 feet to the TRUE POINT OF BEGINNING.; EXCEPT that portion deeded to King County for South 336th Street under Recording Number 8609030322. Being a portion of the following described property: That portion of the norúnvest quarter of the northwest quarter of Section 21, Township 21 Norúl, Range 4 East, W.M., in King County, Waslûngton, described as follows: Commencing at the 'northwest comer of said northwest quarter of the northwest quarter, thence south 89° 13'33" east along the north line of said northwest quarter of the northwest quarter a distance of 813.80 feet; thence south 00° 14'58" west a distance of 30.00 feet to the south right of way margin of South 336th Street and the TRUE POINT OF BEGINNING; thence continuing south 00° 14'58" west a distance of 670.67 feet; thence north 89° 16'45" west a distance of 153.10 feet; thence north 00° 14'39" east a distance of 670.81 feet to the said south right of way margin of South 336th Street; thence south 89° 13'33" east along said south right of way margin a distance of 153.10 feet to the TRUE POINT OF BEGINNING; EXCEPT that portion deeded to King County for South 336th Street under Recording Number 8609030322. EXJIIßIT "B" TO , PERMANENT/EXCLUSIVE EASEMENT '".c" ;.. Ii" ;',E: ,.,... , ~>' "..". t~j;;~~ . Pg. 6 of 8 EXHIBIT "B" TO PERMANENT/EXCLUSIVE EASEMF~T ':';F.::: ' --', " \ ~ 1 ; ¡,e~'¡" " ,o¡""¡¡ ;;;;jj;õ~ - ".' ., . ';,- . Pg. 7 of 8 nt/12/ du.doc <:~~,:' . .'" '-;::';',',:<":..:':::' ..:,.A.;';~~,{:~",,";i':!JP~V""'¡"';r,:jj~'~i'f¡;j:!~I"~,¡ ~. ,"'¡' f ' '. i'..~": ."'~""",,';v""/"~"'i':""'I"-'~~1ìf..~~:'k,~.,\P...~..~....«'.~. .,. . ' , : """"":"'~"",,:,:,::,;,~!,:;:,",,1,;.,,,:,/.,y\:~¡,¡,< "".],:, LEGAL DESCRlPTI, . ',:-;;' : (',:'. \ :~!h.t . " ',,',," < PROPOSED EASEMENT ACQUISITIONS ON . ,. ': STRANICK-.TOHNSON PARCEL NO. 212104-9069 That portion of the northwest quarter of the northwest quarter of Section 21, Township 21 North, Range 4 Eas~ W.M., in King County, Washington, described as follows: Commencing at the northwest comer of said northwest quarter of the northwest quarter, . thence south 89° 13']]" east along the north line of said northwest quarter of the northwest quarter a distance of 261.26 feet; thence south 00° 14'39" west a distance of 30.00 feet to the south right of way margin of South 336th Street and the TRUE POINT OF BEGINNING; thence continuing south 00014'39" west a distance of 546.02 feet; thence south 89° 13'33" east a distance of 302.06 feet; thence north 22°37'48" east a distance of 255.66; thence north 00° 14'39" east a distance of 308.73 feet to the said south right of way margin of South 336th Street, thence north 89° 13'33" west along said south right of way margin a distance of 399.44 feet to the TRUE POINT OF BEGINNING. Being a portion of the following described property: That portion of the northwest quarter of the northwest quarter of Section 21, Township 21 North, Range 4 Eas~ W.M., in King County, Washington, described as follows: Commencing at the northwest comer of said northwest quarter of the northwest quarter; thence south 89° 13'33" east along the north line of said northwest quarter of the northwest quarter a distance of 261.26 feet; , thence south 00° 14'39" west a distance 0[30.00 feet to the south right of way margin of South 336th Street and the TRUE POJNT OF BEGINNING; thence continuing south 00° 14'39" west a distance of 546.02 feet; thence south 89° 13'33" east a distance of 399.45 feet; , thence north 00° 14'39" east a distance of 546.02 feet to the said south right of way margin of Soùth 336th Street; thence north 89013'33" west along said south right of way margin a distance of 399.44 feet to the TRUE POINT OF BEGINNING. EXIIIBIT "B" TO PERMANENT/EXCLUSIVE EASEMENT EXHIBIT "B" TO, PERMANENT/EXCLUSIVE EASEMENT Pg. 8 of 8 . .. . . ._- ---.....-..--. ....m....-.' . '. ',&.,'~,:'.",~~:,',.~t.(f',f."',:i,'-'.:;:,~~~/.H. ,..:. ~ :,-".,<--,/~.,,~.~.:~..;.....\t.~'~~"¡h~~. ..':.'.~i.'.'í..~1.(;JfP1. ~(.¡;:.~ .."..' - ,,-;',;::; ..;,;>:},!.:;~",;,';7:~.:.:~~:.',~T';>.. ~,¡~"'~,~~: "." " EXHIßIT "II" TO S ET'l'LEMENT AGREEMENT LEGAL DESCRIPTION WETLAND AND SETBACK STRANICK-JO.HNSON PARCEL NO. 212104-9084 That part of Lot 3, King County Short Plat No. 281074, according to short plat recorded under King County Recording Number 8110300869, being a portion of the northwest quarter of the northwest quarter of Section 21, Township 21 North, Range 4 East, W.M., in King County, Washington. Being described as follows: Beginning at the northeast comer of said Lot 3 and the TRUE POINT OF BEGINNING; thence south 32°41'52" west a distance of 78.31 feet; thence south 37°15'37u west a distance of 39.29 feet; thence south 40° 11'22" west a distance of 50.40 feet; thence south 49°02'3214 west a distanCe of 84.35 feet; thence south 67°33' 51" west a distance of 26.93 feet; thence south, 45°20'35" west a distance of 9.06 feet to the south line of said Lot 3 and a point on a non-tangent curve from which the radius point bears north 25°22'36" east; thence along said south line through a 300 foot radius CUIVe to the right, with a central angle of 05°28'06", an arc length of 28:63 feet; thence north 59°09' 19" west a distance of 27.40 feet; thence along a 300 foot radius CUIVe to the left, with a central angle of 04°49'33", an arc length of 25.27 feet to the west line of said Lot 3; thence along said west line, north 01°44'08" east a distance of 175.99 feet to the north line of said Lot 3; thence along said north line, south'S8°15'52" east a distance of 259.45 feeUo the TRUE POINT OF BEGINNING. Containing an area of 0.864 acres. ,~{.Il'&~--:':""". ;;¡:",~':'~!;.~'~ , ~t ".~;'-G'.-:~:-:-',... "q ~: ;";.'.......~~....,..'<\~~~ ;¡ r.' Ær.""_""",:"~<",,,, " r! ,r,. "'-: 0" ,"-""'--:'~;-, . ~ j... ~ ~'~ '1':..7:-)j.' '-:: -i:-' .-.\;~~;:\ :; .if "1.' J:.,¡-- , -;:,. .1' " ,~",....',-' '. .'~ ~r...., \'" -;':'f"::;' ¡'li~T: ", ;~'r~ r;;;." ,..:..":~~' -,~~';~. '1 ~ <' It.':;?' '; ~ :\ ~~ I "~t: ~;~~~~~~:~'~.~~~)~~; ~ r ~ l¡: ~ l\ ~ ,.'" :I y<, ...~~-'~ ,.... ¡,; L !::XPii-.'::S ~' "j¿9 b ,~ "':'>-~.....,..~-,.,~.~. "T~~-""':'- ~'.......:..................:. . <:":"~~L.--" fwld9084,wp5 EXHIBIT "II" TO S ETIL EMERT A G RE EMENT Pg, 1 of 9 1 ~ ! - - ..., .- .....,...... HI HI -- .......... / -..---.---.-\-..--.------ , \ 13 g g ¡ 0: rg : 015 . . : . Z! ...0 ¡ 0-1 : ,,~ . ,... ) ~ t ~ ~~ ~ ! ~ ! ~~ :. 8 ~ ~ ~o 3 õ t ~ õO ! ~ ~ ~ z'" ~ 0" ~ t ~~ ~ ~ -<;'.i " -< ?( ~ ~ ~ q .. ~ ~ v i ------------- ,.--.-- '~:&~:y f hj OQ N 0 H1 \D C/) tt1 ~a ~E ZH H - :>H' ØH ~ : ~~ ~ . ", ~ . , ..' . '. -'.'.:iJ.')~~~].'.""',' e'~:':~,~{};:~,:~~-, . ,'," ,:,-, "~'?';;~~;o/;"~~':' .. ' ., .' LEGAL DESCRIPTION WETLAND AND SETBACK STRANICK-JOHNSON PARCEL NO. 212104-9026 That part of Lot 4 of King County Short Plat No. 281074 according to short plat recorded under King County Recording Number 8110300869, being a portion of the northwest quarter of the northwest quarter of Section 21, Township 21 North, Range 4 East, W.M., in King County, Washington. Being described as follows: Commencing at the northwest comer of said Lot 4; , thence along the north line of said Lot 4, south 88° 15'53" east a distance of 116.96 feet to the TRUE POINT OF BEGINNING; thence along the north line of said Lot 4, south 88°15'53" east a distance of 82.96 feet; thence along the east line of said Lot4,'south 01°12'17" west a distance of 100.00 feet; thence along the north line of said Lot 4, south 88°15'53" east a distance of 140.00 feet; thence along the east line of said Lot 4, south 01°44'08" west a distance of 175.99 feet to the south line of said Lot 4 and a point on a non-tangent curve from which the radius point bears south 26°01 '09" west; thence along said south line through a 300 foot radius curve to the left; with a central angle of ' 21°00'20", an arc length of 109.98 feet to a point on a non-tangent curve from which the radius point bears north 70°49'35" east; thence through a 100 foot radius curve to the right, with a central angle of 38° 16' 07", an arc length of 66.79 feet; thence north 45°55'34" west a distance of 40.72 feet to a point on a non-tangent curve from which the radius point bears north 07°40'45" east; . thence through a 100 foot radius curve to the'right,'with a central angle of 88°34'17", an: arc length of 154.59 feet; . thence north 06°05'23" east a distance of 49.78 feet to the TRUE POINT'OF BEGINNING. Containing an area of 0.716 acres. fwld9026.wp5 EXHIBIT "II" TO SETILEMEm: AGREEMENT Pg. 3 of 9 EXHIBIT "II" TO SETTLEMENT AGREEMENT Pg. 4 of 9 I :tIî j " g " H'~~'J' ~ <o.n' ">:>0' ò....JH' '~<.~" ""0 "" "tll 0 ~O 100 ~O ~ ' ¡ç.\I.t OJ rtn ......... ..tT~.w¡ BC<X:>AAY ,......... ,"""..tJITY ~H:¡ IoKJ OI"G><T or ~4Y NOT A RECORD 01' ¡URVEY POR INPORMATION ON¡'Y _.- -....... ¡e.~ "Ill <00><1 ..., 1-'>41- IU"" ...,"""- ITOOVO'4T¡O "'TC;'To< iHJ -':" ""VI""'" 11("",...", 000 W n L ^"" ^"" ~ <" STR.wCK'JO~. PAAC"t"L '%1%1O~'. .. ..~~... .-....:~:.:.:.:.,.': '. . '. ",. <,.' . . ... r LEGAL DESCRIPTION WETLAND AND SETBACK STRANICK-JOHNSON PARCEL NO. 212104-9067 That portion of the northwest quarter of the northwest quarter of Section 21, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the northwest corner of said northwest quarter of the northwest quarter, thence south 89° 13 '33" east along the north line of said northwest quarter of the northwest quarter a distance of 813 .80 feet; thence south 00°14'58" west a distance of 30.00 feet to the south right of way margin of South 336th Street; thence north 89°13'33" west along said south right of way margin a distance of 27.58 feet to the TRUE POINT OF BEGrNNING; thence south 12°03'08" east a distance of 40.46 feet thence south 07°31 '30" west a distance of 41.08 feet thence south 04°45' 10" west a distance of 57.84 feet thence south 10°37'22" west a distance of 52.16 feet thence south 16°21 '59" west a distance of 56.28 feet thence south 10°58'46" west a distance of 43.83 feet thence south 23°54'07" west a distance of 14.53 feet thence south 07°11 '32" west a distance of 38.28 feet thence south 21°58'46" west a distance of 37.77 feet thence south 08°31 '59" west a distance of 41.88 feet thence south 24°20'39" west a distance of 91.29 feet thence south 31 °04' 46" west a distance of 32.34 feet thence south 19°31 '25" west a distance of 20.75 feet thence north 00° 14 '39" east a distance of 546.07 feet to the south right of way margin of South 336th Street; thence south 89°13'33" east along said south right of way margin a distance of 125.52 feet to the TRUE POINT OF BEGrNNING; . EXCEPT that portion deeded to King County for South 336th Street under Reco-rding Number 8609030322. Containing an area of 1.053 acres. Being a portion of the following described property: That portion of the northwest quarter of the northwest quarter of Section 21, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the northwest comer of said northwest quarter of the northwest quarter; thence south 89°13'33" east along the north line of said northwest quarter of the northwest quarter a distance of 813.80 feet; EXHIBIT uIru TO SEITLEliEN1ì AGREEMENT Pg. 5 of 9 .' " ." .', . . . '~'\y ':.':.:.:".::~' .'" :">::;'~' >~-<"'~~;:¿'~'~;".1~ :;';"'.:(l,,~~'j:~,.~ ;.~~;.Mr~i!ß. ~:'~.;~ID.'t~~.. \ . '.:::' .: j'-~ -, ".: .:.\\ ,." ;:>.~:::~.::. ,:"',,~~'" ":i¡~~1~:~~~: .f thence south 00°14'58" west a distance of 30.00 feet to the south right of way margin of South 336th Street and the TRUE POINT OF BEGINNING; thence continuing south 00°14'58" west a distance of 670.67 feet; thence north 89°16'45" west a distance of 153.10 feet; thence north 00° 14' 3 9" east a distance of 670.81 feet to the said south right of way margin of South 336th Street; thence south 89° 13 '33" east along said south right of way margin a distance of 153.10 feet to the TRUE POINT OF BEGINNING; EXCEPT that portion deeded to King County for South 336th Street under Recording Number 8609030322. Containing an area of 2.313 acres. '~ fwtd9067.wp5 Pg. 6 of 9 EXHIBIT "11« TO S ETTL EMElIT A G RE EMIDrr 2 -~"... EXHIBIT "n" TO SETTLEMENT AGREEMENT Pg. 7 of 9 ¡ 1 12-03'0' C 00.'" , 01-31.30 .' <lO,- , Oo'oS'1O .., S1.lo' S 10'31'22 w 12.'" S IO'21'S0. W ~..21' 1 ""S,." w 03.1J" , 23'S"01 w '4.$3' S 01""32 w 3a..2" S 21.$1." w 31.11' 1 o"31'SO w oua' S 24'20.30 w HU' , 31.00'" w 32.30- , ".31'2s w 20.1S' " OO.I..SO C S.'.o" S "'13'33 C t2S.S2' illlli1 .. -. - - wtTLNC> SlTB'= B<:>"><>MY r:=:J "AACtL IO<.Þ<OAAY 0 SO 100 1$0 "^^"""'" ' . sc!(.[ .. reo ......... wtn.NC> IC>..oCMY .......... ""oPtAIY LNt' ...., InCHI or wAY NOT A AECOAO OF SUAVEr FOA INFO AM A TION ONLY ¡e~ .f[ ...... PH< ~ liT-""-. jf..><",.~ -_.....---¡¡;;.= ...--,.._" - , --"~"}; ;-:::::"'f{:3:~~¡~~f,t~~¿:~~t~?,~'>5. ~ ~i:;-~' ~ LEGAL DESCRIPTION WETLAND AND SETBACK STRANICK-JOHNSON PARCEL NO. 212104-9069 That portion of the northwest quarter of the northwest quarter of Section 21, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencîng at the northwest comer of said northwest quarter of the northwest quarter; thence south 89° 13 '33" east along the north line of said northwest quarter of the northwest quarter a distance of 261.26 feet; - thence south 00°14'39" west a distance of 30.00 feet to the south right of way margin of South 336th Street and the TRUE POINT OF BEGINNING; thence continuing south 00°14'39" west a distance of 546.02 feet; thence south 89°13'33" east a distance of 399.45 feet; thence north 00°14'39" east a distance of 546.02 feet to the said south right of way margin of South 336th Street; thence north 89°13'33" west along said south right of way margin a distance of 399.44 feet to the TRUE POINT OF BEGINNING. Containing an area of 5.007 acres. fwld9069.wpS Pg. 8 of 9 EXHIBIT "II" TO SETILEMENT AGREEMENT 1 Pg. EXHIBIT "n" TO SETTLEMENT AGREEMENT 9 of 9 Ì 'Ie 1] 0 60 100 ~O ~ J SCAI,C " reCT ~ERRL S OO.".JI " $'&.02' $ e,.u.JJ C 31...6' " 00"4'3' ~ 64 &.02' 399.". .. - - - - WCTLAIe SO8,1C1< IIO<X>AAT r::::::J ~AACCL 80<.N0MT ""'.'" WClLAIe 80Vt<)AAT ...-...... ""OI'{ATY Lfo.CS Ale OICH! or "AT NOT A RECORD OF SURVEY FOR INFORMATION ONl.Y , )I.....".. " ........., ;;¡¡jffi ,..-.- - DO...¡ EXHIBIT E TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT JUNE 12, 2003 P ARKlNG LETTER 20 (253) 661-4000 Federal Way, WA 98063-9718 June 12, 2003 Gil Hulsmann Abbey Road Group, LLC PO Box 207 Puyallup, WA 98371 FILE COpy RE: Christian Faith Center (City File No. 02-102271-UP) Your request dated 5/8/03 concerning drive aisle width and vehicle overhang Dear Mr. Hulsmann: City staff have reviewed the above referenced request with the following responses. Drive aisle width The Director of COmmunity Development Services will allow the requested 24-foot drive aisle width in place of the city's typical width of 25 feet, but only at locations where the adjacent stall dimensions are 9 feet by 18 feet, irrespective of overhangs. Drive aisles serving compact-sized stalls or reduced-length stalls resulting from ovcrh,J( Ig allowances must have a 25-foot width. Per city standards, up to 25% of the total stalls on the site may be designated as compact, with a stall dimension of 8 feet by 15 feet (served by a 25 foot drive aisle). The City will allow the requested 24-foot drive aisles, as described above, on a "demonstration" basis and in the interest of reducing pervious surface and increasing landscaping along with other low impact development techniques the City has recommended and the applicant is considering for the project. It should also be noted that this decision is consistent with the three example codes you submitted, where a 24-foot drive aisle is pennitted when adjacent stall dimensions are 9 feet by 18 feet or greater. It is also consistent with parking standards contained in the 1990 handbook of the American Association of State Highways and Transportation Officials (AASHTO). Vehicle overhang The requested vehicle overhang into landscaping is already permitted by code and requires no modification. However, per code, wherever a parking stall will be reduced in length by vehicle overhang into landscaping, the required width of the landscaping must be maintained. In addition, any overhang into a sidewalk area must maintain a 5-foot unobstructed sidewalk width. Therefore, the width of landscape areas and sidewalks shall be increased accordingly where necessary to meet this standard. For example, a 2-foot overhang into a required 10-foot landscape strip would require the landscape strip to be increased to a width of 12 feet. Likewise, a 2-foot overhang into a 5-foot sidewalk would require the sidewalk to be increased to a width of 7 feet. Full-sized stalls against required landscaping or a sidewalk must incorporate wheel stops to prevent overhang. Please let me know if you have any further questions or concerns on these topics. Sincerely, Lori Michaelson, AICr Senior Planner C: KattlY McOung, Oirectoc of Community Development Services Cary Roe, Oiæctoc of Public Woó<s Ken Miller, Deputy Oiæctor of Public Woó<s Greg fewins, Deputy Oiæctor of Community Development Serviœs Jim Femling. Development Se<vices Manager Doc. 1.0. 2]481 EXHIBIT F TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT CONCEPTUAL FLOOR PLAN 21 EXHIBIT F-1 TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT CONCEPTUAL SANCTUARY BUILDING FIRST FLOOR PLAN rV" ] ¡ 1 L r--~--, L. . J : EE3 : I EI3 I I Ef:=J I f. ./ ~~-t 0 AbbeyRoad AS OF: MAY 10,2004 EXHIBIT F-2 TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT CONCEPTUAL SANCTUARY BUILDING SECOND FLOOR PLAN OFFICES COLLEGE I ~1 . ~=4~- M ~~ ~-- 1\bbey Road AS OF: MAY 10. 2004 EXHIBIT F-3 TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT CONCEPTUAL SCHOOL BUILDING FIRST FLOOR PLAN r----------l L OFFICES I I I I I~ I I I I I I I L:-----r----- I I I ~-~ L -¡ I I -, r----l I-~.I I I ~- I L - I I FUTURE I ì I I CLASS I I r - -/ ROOMS ,--1 I I I I L I L ~ -LJ:J AbbeyRoad AS OF: MAY 10,2004 EXHIBIT F-4 TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT CONCEPTUAL SCHOOL BUILDING FIRST FLOOR PLAN r;- I I I - I I ,- I I ~ AS OF: MAY 10,2004 " / ^ I I I I I I r:-I I I I I I :§O I <::t> == D Î I L___-r----- G-l G-2 G-3 G-4 G-5 G-6 G-7 G-8 EXHIBIT G TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT SECTION 9.4 TRAFFIC PLANS 18th Ave S S 344th from 16th to 18th 34thll6th SR 99/S 344th 336th from Hwy 99 to 20th 336th from 20th to 1-5 20th A ve/336th 20th Avenue S traffic calming EXHIBIT G-1 TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT 18TH PLACE SOUTH IMPROVEMENTS 23' 12' 12' 5' 2' 60.0 , .5 Curb (J) r -. a Q. ::J CD Q. ~ (/I a 0 - a ^ -0 CD 24' ----. WEST SECTION R (MODIFIED) N.T.S. EAST NOTE: UTILITIES WILL REMAIN ABOVE GROUND. Abbey Road '" AS OF: July 8, 2004 EXHIBIT G-2 TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT SOUTH 344 TH STREET IMPROVEMENTS 16TH AVENUE SOUTH TO 18TH PLACE SOUTH 6' 4' 8' VI -0 Parking - 0... Q (t) :J ~ -+ (t) Q -, - ^ 30' NORTH 1 2' 40' ..~--J NOTE: NORTH IMPROVEMENTS TIE INTO EXISTING IMPROVEMENTS EAST OF 16TH AVE. S. AND S. 344TH Sf- INTERSECTION. UTILITIES TO REMAIN ABOVE GROUND. AS OF: MAY 10, 2004 SECTION R N_T.S. CONCRETE CURB AND GUTTER . " 1 2' -IL 8' ---I-;arkin; SOUTH ~~~ EXHlliIT G-3 TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT 16TH AVENUE SOUTH AND SOUTH 344 TH STREET INTERSECTION . J: I ; ] D_J 1 t ~. i!.: 0.' i I I ----+----~- \ - - --. --------- --- SOUTH 344 TH STREET- NOTE: INTERSECTION TO BE SIGNALIZED AS OF: MAY 10. 2004 Abb eyRo ad EXHIB IT G-4 TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT SOUTH 344 TH STREET AND HWY. 99 INTERSECTION L --------- ---- LJ AS OF: MAY 10,2004 Abbey Road - - - / -------7 / I / I / 1/ NOTE: I INTERSECTION TO BE SIGNALIZED EXHIBIT G-5 TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT SOUTH 336TH STREET IMPROVEMENTS. HWY. 99 TO 20TH AVENUE SOUTH ~ 1 2' 1 2' Asphalt Shoulder 36' l NORTH r-J 12' 6' 8' 3' Planter Sidewalk Uti\. Strip 35' SOUTH NOTE: PLANTER AND UTIUTY STRIP MAYBE MODIFIED AT WEST HYlEBOS CULVERT CROSSING{S) TO PROTECT WETLAND AND WETLAND BUFFER. SECTION M AS OF: MAY 10,2004 N. T.S. AbbeyRoad EXHffiIT G-6 TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT SOUTH 336 TH STREET IMPROVEMENTS 20TH AVENUE SOUTH INTERSTATE-5 5' 11' I-~~ l . I ~ 12' 11' --1- 5' 6' 8' 3' I ~~~ I~ f I ~ I ~ I Ulil. ^ 39' 39' NORTH ¡~ - SOUTH NOTE: PLANTER, SIDEWALK, STREET TREES AND UTILITIES STRIP STOPS 50' WEST OF EAST HYlEBOS BRANCH CULVERT(S) TO PROTECT WETLAND AND WETlAND BUFFER SECTION K N.T.S- AS OF: MAY 10, 2004 b;d EXHIBIT G- 7 TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT . 20TH AVENUE SOUTH AND SOUTH 336TH STREET INTERSECTION . ! I I EXTEND PROPOSED SIDEWALK' .' \ ¡ I .TO EXISTING SIDEWALK:" \ II' ¡ / . . J Y \ f.., ~-~~ / /\ \ ~. / \/\\ ::::: - ~ - - -/- - -;(- -'-~--- - - ~ - - - - ->-.....<.. ----- ./ /' / / \ \ --"-. \. ..:::--- ~---L- ~ - -~- """', ./ ---~ ~ ' --=--,,-- --~...... '..--=-::::- \. ./ X./ \. /' /' ...... -....... O~ () TI..., C -¡UJ ;u Po (]) ~-n (;¡ . ;uC/J C . ~ d :i- ~ ~ - (;) - A. m 10 po (J1 q ~~ EXTEND PROPOSED SIDEWALK TO EXISTING SIDEWALK .-.-- =--~..:..~ ..-:::_~ '. . . ,,'.. .f -r þ ~ .~ '-. '-.nA.:-. . 4 - .<1 .- ._-- .no,. -'--~ '4 ~ ¿.~ NOTE: INTERSECTION TO BE SIGNALIZED -=- -=--- --- --- - ~ AS OF: MAY 10,2004 Abbey Road EXHIBIT G-8 TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT TRAFFIC CALMING PLANTER ISLAND DETAIL 1-- EXI~!T NG WIDTH I I I I I I , I , EXTRUDED CURB --1~ .?OJ 'l f'l t'/' ~>< --~~-~--- -1 - ::I: :z: C) I , I , I , EXlctTING WJ[D TH -- . I AS OF: MAY 10,2004 IW-- PLANTER ISLAND SIZE TO BE DETERMINED 0 1 z: :r.!l. - I---J -----~~ - - ~t X~ UJ 1_10.1 TYP. Abbey Road -- I EXHIBIT H TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT PROCESS [V HEARING EXAMINER DECISION < - 23 CITY OF . -' ~ - - ~""'~r2/I' ~ - . -===--- -==.. ~ '-- ~ ~ FlY'" CITY HALL 33530 1 st Way South PO Box 9718 (253) 661-4000 Federal Way. WA 98063-9718 April 23, 2004 !;:"'--::--:~---- lilr');'! ;~ í'T~ rÇ U!l \\;7 ~c: r~.,-- I .J "--::" '= l~o I L, IS; II-':: 11:_<\ --~ I':: ! '\ I' I l " i! Ii! d I: ¡:u L.! APB 23 2004 iLl/! ~.- ~-j! I {'-""_.~.-- vlly vlC,',' "S I)f'lr~ City of F:?:Jeral \';;V -' Gil Hulsmann Abbey Road Group, LLC PO Box 207 Puyallup, WA 98372 RE: PROCESS IV REQUEST ENVIRONMENTALLY SENSITIVE AREA INTRUSIONS CHRISTIAN FAITH CENTER, FWHE# 04-03, FW# 02-1-2271-00-UP Dear Appellant: Enclosed please find the Report and Decision of dle City of Federal Way Hearing Examiner relating to the above-entitled case. Very truly yours, , P E . AUSS:CtV HEARING EXAMINER SKC/klb cc: All parties of record City of Federal Way (!«~rfA (t-D ~~K ~. ~~ CITY OF FEDERAL WAY Íf~~~i'--il~ -~~---[)"ñV}'-----';- I i J i :':::':.':!J-- ¡r; U \ 1 I"-.//r~' , ¡I,..': ¡ --~--. :,1 , r I ì ' 1 Iu iil :! /" 'L~:.¡:.,. 2~3_2~ ' I '~r'" ;~-' '.J 'J",ce ------~ e j tr a ¡,Va I' -----~-_.J Page - 1 OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: PROCESS IV REQUEST ENVIRONMENTALLY SENSITIVE AREA INTRUSIONS FWHE# 04-03 FW# 02-1-2271-00-UP CHRISTIAN FAITH CENTER I. SUMMARY OF APPLICATION The applicant is requesting to: 1) fill a "Category III" wetland and its buffer: 2) mitigate for the filled wetland and buffer by creating wetland and additional buffer area in and adjacent to a "Category II" wetland on the site; 3) displace a portion of a wetland/stream buffer to accommodate an access road; and 4) intrude into wetlaw! buffers for street improvements, including pavement widening, retaining wall, and extending storm pipes and stream culverts. II. PROCEDURAL INFORMATION Hearing Date: Decision Date: April 20, 2004 April 23, 2004 At the hearing the following presented testimony and evidence: 1. 2. 3. 4. Lori Michaelson, Senior Planner, City of Federal Way Gil Hulsman, 923 Shaw Road, Suite A, Puyallup, WA 98372 Garet Monger, 518 N. 59th, Seattle, WA 98103 Marie Adair, 28811 - 19th Ave. S., Federal Way, WA 98003 At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. 1-E. 1-F. Staff Report with all attachments Addendum to Environmental Impact Statement (1E) (4/16104) Letters from Public (Beginning w/Oerek Dexheimen) (1 F) (4/16/04) Page - 2 2. 3. 4. 5. Power Point Presentation (Hard Copy) - Process IV Public Hearing Christian Faith Centers - Wetland Areas Chart Statement from Virginia Marquart Marie Adair Statement III. FINDINGS 1. The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. 2. The Community Development Staff Report sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit "1" and incorporated i~ its entirety by this reference. 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC). 4. The applicant has a possessory owner~bip interest in a generally rectangular, 46.58- acre parcel of unimproved, mostly forèsted property located east of Pacific Highway South and west of Interstate 5 betWeen South 336th Street and South 34151 Place within the City of Federal Way. The applicant has submitted requests for approval of a comprehensive plan amendment, zone reclassification, development agreement, and development plan which, if approved, would allow development of the site into a 218,500 square-foot church, 104,480 square-foot private school, and associated parking, playfields, and landscaping. The decision to approve or deny the above requests is within the jurisdiction of the Federal Way City Council which will hold a public hearing prior to making such determination. 5. To construct the project as proposed, the applicant must also obtain Process IV approval to allow the applicant to fill a wetland and intrude into wetland/stream buffers. Specifically, the applicant requests authority to fill a Category III vvetland and its buffer; create additional wetlands and buffers in and adjacent to an oil-site Category \I wetland; displace a portion of a wetland/stream buffer to accommodate an access road; and potentially intrude into wetland buffers to make street improvements which could include pavement widening, a retaining wall, and the extension of storm pipes and stream culverts. 6. A north/south trending ridge divides the parcel into two drainage subbasins within the Hylebos Creek Basin. A tributary to the west branch of Hylebos Creek flows Page - 3 from north to south across the west side of the property, and a tributary to the east branch of Hylebos Creek flows across the east side of the parcel from north to south. The Federal Way City Code (FWCC) defines both tributaries as major streams. 7. Three wetlands exist on the site. Wetland "A" measures approximately 4.5 acres, 14,000 square feet of which are located on the site. Wetland "A" is associated with the Hylebos tributary and also serves as an operating, regional storm drainage detention facility known as "Kitts Corner Pond", designed and maintained by the City. Pursuant to a 1996 Settlement Agreement between the City and a previous property owner, the applicant will discharge stormwater runoff from the western portion of the site into the Kitts Corner Pond (Wetland "A"). However, the primary wetland hydrology is provided by the tributary which flows into Wetland "A" through an 18-inch diameter storm pipe and a pair of 42-inch diameter stream culverts beneath South 336th Street. 8. Pursuant to the Settlement Agreement, the City has provided a permanent buffer width of 100 feet around Wetland "A" with the exception of the northern portion of the boundary adjacent to South -336th Street which ranges in width from approximately 40 feet to 50 feet. The proposed site plan shows an access extending east into the site from Pacific Highway South through the southern portion of the wetland buffer as anticipated by the Settlement Agreement which requires City staff to support such an extension. However, the agreement requires Process IV review and hearing examiner approval. Thus, development of the project will not impact Wetland "A", but will impact the buffer along the south portion of the wetland and could impact a portion of the buffer along the north portion of the wetland. 9. As previously found I a Hylebos Creek tributary flows into the wetland from beneath South 336(h Street, exits the site through an adjustable gate spillway in the southwest corner of the pond, and then flows into a storm pipe which passes beneath Pacific Highway South. The tributary has no defined stream channel within Wetland "A" and dries up during the late summer. 10. Wetland "C" consists of a 3,762 square-foot Category III Palustrine scrub-shrub wetland located near the center of the parcel at the proposed location of the school auditorium/sanctuary building. The applicant proposes to fill both the wetland and its required 25-foot wide buffer. Wetland "C" has no hydrological connection to any other water body as its hydrology is provided by a high ground water table. The Page - 4 11. 12. 13. wetland has low habitat value due to its size, lack of plant diversity, isolation, and lack of open water during the summer months. Wetland "8", located along the eastern property line, consists of a linear, riparian wetland that is associated with and straddles the eastern Hylebos Creek tributary. The wetland meets the definition of a Category \I Palustrine Forested wetland which requires a 1 OO-foot wide buffer. The Hylebos tributary provides hydrology for the wetland as it flows into said wetland through two culverts beneath South 336th Street. Sewer line construction previously disturbed the wetland and buffer. The site plan shows the wetland surrounded by a 1 OO-foot wide buffer with the exception of the north portion adjacent to South 336th Street. To build the project as proposed and make a reasonable use of the property, the applicant must fill Wetland "C" and its buffer. To mitigate therefor, the applicant proposes to intrude into Wetland "B", its buffer, and the tributary buffer to create 5,200 square feet of Category II wetland which will include grading. The applicant must also displace 16,305 square feet of Wetland "A" buffer to facilitate construction of the access road from Pacific High~ay Söuth. To mitigate for the displacement, the applicant proposes to create 20,083 square feet of wetland buffer along the eastern border of the existing buffer. The applicant may need to displace an unknown amount of buffers for both Wetlands "A" and "8" adjacent to South 336th Street. The exact area of displacement (if any) will not be known until the City Council makes its determination regarding approval of the project and road improvements. Maximum displacement will include 11,690 square feet of Wetland "A" buffer and 6,794 square feet of Wetland '~B",buffer. To mitigate, the applicant will add 21,480 square feet of wetland buffer to the northeast buffer of Wetland "A" and 17 165 square feet of buffer along the western buffer of Wetland "B" (See Exhibit 3). Section 22-1358 FWCC sets forth the criteria an applicant must meet prior to constructing improvements and making land surface modifications within regulated wetlands. Section 22-1359 FWCC sets forth criteria for constructing improvements and land surface modifications within regulated wetland buffers. The first five criteria set forth in each section are identical, but modifications within wetlands have four additional criteria. As previously found, the applicant must fill Wetland "C" and its buffer. Prior to obtaining approvalto do so, the applicant must establish that the request satisfies all criteria set forth in Sections 22-1358(d) and 22-1359(f) FWCC. Findings on each criteria are hereby made as follows: Page - 5 A. C. Filling the wetland will not adversely affect water quality. The wetland has no hydrologic connection with other wetlands or stream corridors. A code- required final erosion and sedimentation control plan will address adverse water quality impacts related to grading and filling activities. The created wetland and buffer along the eastern tributary will provide much greater functions relating to water quality, hydrology, and wildlife habitat than currently provided by Wetland "C". B. Filling the wetland and buffer will not adversely affect the quality of wildlife habitat. Wetland "c" has low habitat value due to its small size, hydrologic isolation, lack of plant diversity, and lack of open water during the summer. The compensatory mitigation areas along Wetland "B" will provide habitat values equal to or greater than retention of Wetland "C". No endangered or protected animals inhabit the site. Filling the wetland and buffer will not adversely affect drainage or storm water retention capabilities. The applicant will excavate the mitigation area to ensure a volume of surface water detention and retention equal to Wetland "C". D. Filling will not lead to unstable earth conditions or create erosion hazards. Wetland "c" is !lot located near any geologically hazardous areas, and an erosion and sedimentation control plan which the City must approve will address erosion from filling and grading. E. Filling the wetland will not be materially detrimental to any other property in the area nor to the City as a whole. As previously found, the applicant will create 5,200 square feet of wetland as compared to the 3,762 square feet filled. F. As previously found, the filling of Wetland "c" will result in no net loss of wetland area, function, or value. G. The project is in the best interest of the public health, safety, or welfare. As previously found, creating additional wetland and buffer within the valuable stream/wetland area along the east property line results in greater resource protection and will allow more efficient use of land. H. The applicant has demonstrated sufficient scientific expertise and Page - 6 15. supervisory capability to carry out the project. The applicant's wetland biologist is a recognized expert with over 10 years experience in designing wetland mitigation plans. I. The applicant is committed to monitoring the project and making corrections if the project fails to meet projected goals. The applicant has provided a mitigation and monitoring plan for a five-year period and has also designed the storm drainage system to allow further discharge into the wetlands to restore hydrology if such is necessary. J. The City has approved the applicant's conceptual mitigation plan, and the replacement and enhancement wetland and buffer ratios satisfy the criteria set forth in Section 22-1358(e)(3) FWCC. Prior to obtaining approval to intrude into Wetland "B" and its buffer and the Stream "B" buffer to provide compensatory wetland and buffer for filling Wetland "C" and its buffer, the applicant must also establish that the request satisfies the criteria set forth in Sections 22-1358 and 22-135~ EWCC. Findings on each criteria are hereby made as follows: A. Intrusion to create additional wetlands will not adversely affect water quality. The created wetland area will have a greater diversity of wetland plants than Wetland "C", and such plants will provide water quality by removing nutrients and toxins by filtration and uptake in plant tissue. Mitigation and monitoring will ensure no adverse impacts to water guality. B. The intrusion will not adversely affect the existing quality of the wetland's or buffer's wildlife habitat. Habitat potential in the mitigation area of Wetland "B" is greater than the wetland and buffer of Wetland "C". The enhanced native scrub-shrub plant community and native forest habitat will increase the vegetation and plant diversity thereby improving near stream habitat opportunities. C. The intrusion will not adversely affect drainage or stormwater retention capabilities. The applicant has designed the created wetland to replicate the stormwater retention capacity of Wetland "C". The applicant will excavate the toe of an existing slope and create a volume of surface water detention and retention comparable to or greater than the filled wetland. Creek flood waters, as well as stormwater runoff, will provide a source of hydrology to the Page - 7 16. new wetland. Project stormwater is infiltrated into the ground will move down slope through the wetland buffer into the created wetland. D. The intrusion will not lead to unstable earth conditions nor create erosion hazards. The creation area consists of a relatively level flood plain adjacent to the Hylebos tributary. Excavation depth will range from one to three feet, and water velocities, even during winter flooding periods, are relatively slow. The dredging will create no steep slopes or other topography subject to erosion. Extensive revegetation will bind the soil and control erosion. E. The intrusion will not be materially detrimental to any other property in the area nor to the City as a whole. The project will not affect off-site properties or public or private open space areas. F. As previously found, the intrusion will result in no net loss of wetland area, function, or value. The applicant is creating more wetland than it is filling in accordance with the requirements of the FWCC. The applicant is also establishing substantially more wetland buffer than destroyed. G. The project is in the best interest of the public health, safety, or welfare. As previously found, trading a small, isolated wetland for an expanded, connected, wetland system results in greater resource protection and more efficient use of land. . H. As previously found, the applicant has demonstrated sufficient scientific expertise and supervisory capability tö fulfill the project. Prior to eliminating a portion of Wetland "Allis south buffer to allow construction of the access road from Pacific Highway South, the applicant must establish that the request satisfies the criteria set forth in Section 22-1359(f) FWCC, addressing wetland buffers, and Section 22-1312(c) FWCC, addressing intrusion into setbacks for streams. Said Sections set forth the same criteria, but Section 22-1312 FWCC has one additional criteria. Findings on each criteria are hereby made as follows: A. Locating the access road within the Wetland "A" buffer will not adversely affect water quality. As previously found, Wetland "A", located mostly west and northwest of the site, is known as the "Kitts Corner Pond" and provides a regional storm drainage facility. The applicant's conceptual storm drainage plan (Exhibit L) shows surface water collected from the proposed access Page - 8 17. road and directed into a storm water treatment system to the south of said road. The water then discharges into Wetland "A" following cleansing. B. Construction of the road in the buffer will not adversely affect the existing quality of the wetland's or buffer's wildlife habitat. The buffers on the west and south sides of Wetland "A" are presently in poor condition and consist of earthen berms, gravel roadways, and sparse vegetation. However, the eastern buffer consists of forest and is therefore in good condition. The applicant proposes to remove 16,305 square feet of a previously disturbed buffer area and replace it with property adjacent to the high quality, forested buffer on the east side of the wetland. The access road is proposed within an existing access easement and was recognized in the Settlement Agreement. C. Construction of the road will not adversely affect drainage or stormwater retention capabilities. Construction in accordance with a final storm drainage grading and erosion control plan will assure no adverse impacts to the drainage or stormwater retention càpabilities of the buffer. D. Construction will not lead to unstable earth conditions nor create erosion !1azards. The road area contains no geologically hazardous areas, and construction in accordance with approved plans will ensure that no unstable earth conditions or erosion hazards develop. E. Construction will npt be materially detrimental to any other property in the area of the subject property nor to the City as a whole, including loss of open space. Replacement of a disturbed buffer with forested property will benefit the City and properties in the area. The additional buffer will preserve and protect sensitive areas from future land modifications and encroachments by people and animals. F. Section 22-1312(c)(6) requires the applicant to show that the intrusion is necessary for reasonable development of the subject property. The road will provide access to the site in accordance with an existing easement recognized by the Settlement Agreement. To build the project, the applicant must have an access onto Pacific Highway South. Therefore, the applicant cannot proceed with reasonable development without the road. As previously found, depending on the City Council's requirements for street Page - 9 improvements on South 336th Street, the applicant may need to intrude into those portions of the buffers of both Wetlands "A" and "B" located within the right-of-way of said road. If the City Council requires full street improvements within the wetland . buffer areas, the applicant will need to disturb 11,690 square feet of Wetland "A" buffer and 6,794 square feet of Wetland "B" buffer. The applicant proposes to create 21,480 square feet of buffer for Wetland "A" and 17.165 square feet of buffer for Wetland "8". Thus, the applicant will replace 18,484 square feet of low quality wetland buffer with 38,645 square feet of high quality buffer. Prior to intruding into said wetland buffers to make street improvements, the applicant must establish that the requests satisfies the criteria set forth in Sections 22-1312 and 22-1359 FWCC. The request satisfies said criteria as the applicant must construct improvements to include pavement widening, retaining walls. and extension of storm drainage pipes. The existing location and configuration of South 336t11 Street plus the required street improvements dictate the street and storm drainage system design for the overall project. All improvements will occur within the right-of-way, and the retaining walls will limit buffer displacement. Both buffers along South 336th Street have been previously disturbed by construction of existing street and drainage improvements but have revegetated over time. As previQusly noted, a sewer line was constructed within Wetland "8". The wetland buffers within the right-of-way provide no significant habitat value, but must be invaded to provide. access to the site. The applicant has also demonstrated that the stream cannot cross beneath South 336th Street in an open condition, and extending the culvert by three feet will have little, discernable effect on stream function or habitat. The existing culvert meets the 100- year storm design standard as will the extensions. The culvert design does not preclude fish passage. although fish do not inhabit either tributary, and are not located immediately down stream. . 18. In summary, Wetland "A" will not be disturbed, but will have its buffer area expanded from the present 192,327 square feet to a possible 205,895 square feet, and will also have 3.598 square feet of wetland enhancement. Wetland "C" will be filled and eliminated. Wetland "B" will increase in size by 5,200 square feet and will have its buffer area increased from the present 193,085 square feet to 220,089 square feet. Overall, wetland size will increase from the present 242,971 square feet to 244,410 square feet. Wetland buffers will increase from the present 393,838 square feet to 425,985 square feet (Exhibit 3). Therefore, development of the site as proposed will result in no net loss in wetlands and/or wetland buffers. 19. Prior to obtaining Process IV review approval, the applicant must establish that the request satisfies the criteria set forth in Section 22-445(c) FWCC. Findings on each / Page - 10 A. 20. criteria are hereby made as follows: All requests are consistent with the Federal Way Comprehensive Plan. Applicable goals and policies set forth in the Plan include Policy CA4 which approves a tradeoff of small, isolated wetlands in exchange for a larger, connected wetland system which can achieve greater resource protection and reduce isolation and fragmentation of hab,itat. The applicant proposes a development which eliminates a "small, isolated wetland" in exchange for increasing the size of a more valuable, larger, connected wetland system. Policy NEG7 of the Comprehensive Plan encourages the protection and enhancement of the functions and values of the City's wetlands, and the applicant's mitigation plans do so. As previously found, the project meets the City's objective of no overall net loss of wetland functions or values in accordance with Policy NEP43. The mitigation site complies with Policy NEP50 as it contributes to an existing wetland system and increases buffers for existing wetlands. B. The project is consistent will aU applicable provisions and laws of the FWCC assuming compliance with conditions of approval and City Council approval for the overall development. C. The project is consistent with the public health, safety, and welfare. D. The City Council will determine whether the streets and utilities in the area are adequate to serve the anticipated demand from the proposal. The wetland mitigation does not generate demand on streets and utilities. Approval of the Process IV request will authorize street frontage improvements within the South 336th Street right-of-way and construction of an access road from Pacific Highway South. E. The City Council will determine whether the proposed accesses to the parcel are at their optimal location and configuration. Again, the Process IV approval authorizes street improvements and construction as set forth above. The City included a number of comment letters which raised generalized objections regarding the filling of wetlands and intrusion into wetland buffers. However, none of the letters offered expert testimony contradicting the applicant's expert studies and the City's review thereof. The Washington Court of Appeals addressed such Page -11 comments in Maranantha Mining v. Pierce County, 59 Wash.App. 795 (1990); The only opposing evidence was generalized complaints from displeased citizens. Community displeasure cannot be the basis of a permit denial. 59 Wash.App. 795, at 804. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. 2. 3. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. The applicant has established that the request to fill a Category III wetland and buffer, mitigate for such activities by providing additional wetlands and buffers, displacing a wetland/stream buffer to accommodate an access road, and intrude into wetland buffers to construct street improvements is consistent with applicable criteria set forth in Sections 22-1358,22-1359, and 22-1312 FWCC. The project also complies with applicable goals ana policies of the Federal Way Comprehensive Plan. The project satisfies all criteria set forth in Section 22-445(c) FWCC for Process IV approval. Therefore, Process IV approval should be granted subject to the following conditions: 1. As required by the Director of Community Development Services, prior to occupancy of any buildings on the site, the applicant shall set aside the wetlands and buffers approved by this decision as Native Growth Protection Tracts (NGPT's). The boundaries of the areas shall be surveyed and shall reflect the expanded buffers shown in a final approved Mitigation and Monitoring Plan, prepared in accordance with Condition #7 below; and shall be in addition to the buffer area for the east side of Wetland "A" as delineated the 1996 Settlement Agreement between the City of Federal Way and the Federal Way Industrial Park. The applicant shall submit the draft documents for the City's review and authorization and the documents shall be recorded as directed by the City. 2. As required by the Directors of Community Development Services Department and Public Works Department, prior to issuance of any Page - 12 construction permits, the applicant shall field-flag all identified wetland buffer boundaries in accordance with a final approved Mitigation Plan, prepared in accordance with Condition #7 below; and consistent with the recorded Native Growth Protection Tracts as required by Condition #1 above; and the buffer boundaries shall be reflected on all applicable construction drawings and permits. 3. As required by the Director of Community Development Services, prior to issuance of a building permit, the applicant shall submit for the City's review and approve a plan to provide signage on the site, identifying environmentally sensitive areas and prohibiting human and pet access into such areas. The plan shall include the number, location, and design details, including text, for the proposed signs. 4. Any use of the recreational field adjacent to Wetland "8" for competitive athletic games, such as baseball or soccer, as may be approved by the Director of Community Development Services, must provide fencing adjacent to the sports field along the west Wetland "8" buffer boundary, delineated pursuant to Condition #1 aþove. Prior to initiation of any such activities, the applicant shall establish the fencing pursuant to the City's review and approval of a fencing plan and design details as provided by the applicant, and such fencing shall be designed to allow for the passage of small animals. 5. As required by the Director of Community Development Services pursuant to FWCC § 22-1358(1 )(g) and § 22-1358(3)(4), prior to issuance of construction permits related to any work approved with this application, the applicant shall: (a) provide a cost estimate that covers the complete costs for plant materials, installation, and maintenance, including contingencies, pursuant to the final approved Mitigation Plan; (b) provide a performance and maintenance bond to the City in the amount of 120 percent of the cost estimate; and (c) pay for the services of a qualified professional selected and retained by the City to review monitoring reports, conduct inspections, and make recommendations to the City during monitoring period. Following successful installation of the wetland mitigation work pursuant to the final approved Plan and initial inspection, the performance portion of the bond shall be released and the five-year maintenance portion of the bond shall apply during the five years of monitoring. Page - 13 6. As required by the Director of Public Works, grading and clearing activities in the Wetland "8" mitigation area (excluding installation of planting and an irrigation system) shall be prohibited between October 1 st and April 30th. 7. Prior to issuance of any construction permits, the applicant shall submit a final Mitigation and Monitoring Plan, for the City's .review and approval, that addresses all outstanding requirements as identified in the April 8, 2004, memorandum from Sheldon and Associates, Inc. 8. The Process IV approval does not take effect unless or until the City Council approves the Comprehensive Plan Amendment, Rezone, Development Agreement, and Development Plan, as separately requested by the applicant. DECISION: The request for Process IV approval to allow the filling of Wetland "C", the mitigation for the filled wetland and buffer by the creation of wetland and additional buffer area in all and adjacent to Wetland "8"; the displacement. of a portion of a wetland/stream buffer to accommodate an access road; and the intrusion into wetland buffers for street improvements is hereby granted subject to the conditions contained in the conclusions above. ~ DATED THIS 2') DAY OF ~ ~ TRANSMITTED THIS;?3.- DAY OF / ' APPLICANT/AGENT: Gil Hulsmann Abbey Road Group, LLC PO Box 207 Puyallup, WA 98372 ,2004, to the following: Page - 14 QWNERCS): Christian Faith Center PO Box 9860 Seattle, WA 98198 Bob Loomis 2101 S. 324th St., SP 205B FederalVVay, VVA 98003 Carl Jones Belmor Park 2101 S 324th S1., SP333 Federal Way, WA 98003 RD. Pearson 2101 S. 324th S1., #303 FederalVVay, VVA 98003 Jack Tylare 2101 S. 324th St., #10 Federal Way, WA 98003 Barry Turnbull 33355 20 S. Federal Way, WA 98003 Shirley Fulbraa 33357 20 S. Federal Way, WA 98003 .' ' Phyllis L. Bowman 32820 20th Ave. S., #25 Federal VVay, VVA 98003-9429 Tom Rolph 1860 S. 336th St. FederalVVay, VVA 98003 Marie Adair 28811 19th Ave. S. FederalVVay, VVA 98003 Juliet Sykes 402 S. 333rd St., Suite #100 Federal VVaYi WA 98003 Dr. Patricia Mail 35214 - 28th Ave. S. FederalVVay, VVA 98003 Virginia Marquart 29009 22nd Ave. S. Federal Way, VVA 98003 Paul Ouellette 1918 Rolling Hills SE Renton, VVA 98055 John C. Brownson 2101 S. 324th St., #117 Federal Way, WA 98003 Rik Newell 2101 S. 324th St., #137 FederalVVay, WA98003 Robert Roper 525 SW 312th S1. FederalVVay, WA 98003 Joann Piquette Ted W. Wilson Page - 15 302 S. 295th PI. FederalVVay, VVA 98003 824 S. Marine Hills VVay FederalVVay, VVA 98003 Margaret Nelson 32904 4th Ave. SVV FederalVVay, VVA 98023 John Kanto 1824 S. 344th St. FederalVVay, VVA 98003 City of Federal VVay c/o Chris Green P.O. Box 9718 Federal VVay, VVA 98063-9718 PROCESS IV Rights tò Appeal Decisions of the hearing Examiner may be appealed by any person who is to receive a copy of that decision under FVVCC Section 22-443. The appeal, in the form of a letter of appeal, must be delivered to the Department of Community Development Services within fourteen (14) calendar days after the issuance of the Hearing Examiner's decision. The letter of appeal must contain: 2. A statement identifying the decision being appealed along with a copy of the decision; 3. A statement of the alleged errors in the Hearing Examiner's decision, including specific factual finds and conclusions of the Hearing Examiner disputed by the person filing the appeal; and 4. The appellant's name, address, telephone number and fax number, and any other information to facilitate communications with the appellant. The person filing the appeal shall include, with the letter of appeal, the fee established by the City of the costs of preparing a written transcript of the hearing (or in the Page - 16 alternative, the appellant may prepare the transcript at his or her sole costs from tapes of the hearing provided by the City).The appeal will not be accepted unless it is accompanied by the required fee and cost (or agreement of the appellant to prepare the transcript). Appeals from the decision of the Hearing Examiner will be heard by The City Council. The decision of City Council is the final decision of the City. The action of the City in granting or denying an application under this article may be reviewed pursuant to RCW 36.70C in the King County Superior Court. The land Use Petition must be filed within twenty-one (21) calendar days after the final land use decision of the City. EXHIBIT D STATEMENT OF FACTS AND CONCLUSIONS 1. The applicant has a possessory ownership interest in a generally rectangular parcel of unimproved property located east of Pacific Highway South and west of Interstate 5 (1-5) between South 336Ú1 Street and South 34151 Place within the City of Federal Way. 2. The subject site currently has a comprehensive plan and zoning designation of Business Park (BP) and the land is presently vacant. Existing zoning and land uses of the surrounding properties in the vicinity include single and multiple family to the north; a mix of residential, commercial, and industrial to the south; commercial to the west, and Interstate 5 and commercial to the east. 3. The applicant has submitted requests for approval of a comprehensive plan amendment and rezone, with an associated development agreement and deyelopment plan to allow development of the site into a 218,500 square-foot church, 10 1,526 square-foot private school, and associated parking, playfields, and accessory uses. 4. The requested Comprehensive Plan Amendment and Rezone is subject to a City Council decision pursuant to Federal Way City Code (FWCC) Chapter 22, Article IX, "Process VI Review;" and the requested Development Agreement and Development Plan is subject to City Council decision pursuant to FWCC Chapter 22, Article IX, "Process VI Review," and FWCC Chapter 22, Article XXI, "Deyelopment Agreements." The decision to approve or deny the requests is within the jurisdiction of the Federal Way City Council. 5. The City Council held a Public Hearing May 24,2004 and June 15,2004, took testimony, admitted evidence into the record, and considered the matter fully. 6. All appropriate procedures were followed in accordance with the requirements of the FWCC and applicable law. 7. All appropriate notices were delivered in accordance with the requirements of the FWCC and applicable law. 8. The Hearing Examiner reviewed and conditionally approved the environmentally sensitive areas requests associated with the application on April 23, 2004. The Hearing Examiner Decision sets forth general findings, applicable policies and provisions in the matter and is hereby incorporated in its entirety, without limitation, by this reference. 9. Pursuant to the State Environmental Policy Act (SEPA), the City issued a Notice of Adoption of Existing Environmental Documents and Issuance of a Determination of Nonsignificance, on the proposed Comprehensive Plan Amendment and Rezone of the site from Business Park (BP) to Multifamily Residential 3600 (RM-3600) on July 4, 2001. The City issued Draft and Final Environmental Impact Statements (EIS) for the development application on November 18, 2003, and March 3,2004, and EIS Addenda on April 16,2004 and May 21,2004. Four public meetings were conducted during the environmental review process for the proposed project. These included an EIS Scoping Meeting on August 27,2002; Neighborhood Traffic Meeting on May 8, 2003; Draft Environmental Impact Statement (DEIS) hearing on December 12, 2003; and City Council EIS briefing on March 15,2004. The Threshold Detennination, EIS and addenda, and all environmental documents for the project, are hereby incorporated in their entirety, without limitation, by this reference. 10. The Staff Report sets forth general findings, applicable policies and provisions in the matter and is hereby incorporated in its entirety, without limitation, by this reference. 11. Pursuant to FWCC Section 22-1660, "Purpose," development agreements associated with a comprehensive plan designation and related zoning change may be used at the City Council's discretion, where the project is larger in scope and has potentially larger impacts than nonnal, or where the City Council may desire to place certain restrictions on the proposal. The intent of a development agreement is not to waive requirements nonnally associated with a proposed use. A "Concomitant Agreement and Development Agreement", herein called "The Agreement" or "The Development Agreement," has been prepared for the project in order to fully address and mitigate identified impacts associated with the project. The Concomitant Agreement allows for a rezone of the property subject to conditions governing the use of the property. Under the Concomitant Agreement, the allowable use of the property shall be limited to a church, a school, and accessory uses. Pursuant to FWCC Section 22-1662, "Content," the Agreement sets forth the development standards and other provisions that apply to and govern and yest the development, use, and mitigation of the development of the real property for the duration specified in the Agreement, consistent with the applicable City of Federal Way development regulations. The Agreement is accompanied by a Development Plan (Exhibit B to the Agreement) as required by FWCC Section 22-1669, and has been prepared in accordance with FWCC Section 22-1664, "Preparation of Development Agreement." 12. Mitigation measures established in the Agreement are based on the FWCC and adopted regulations, policies and procedures; Federal Way Comprehensive Plan (FWCP); the EIS prepared for the project, including the key deyelopment and operational assumptions underlying the EIS analysis; and the City's police power authority. 13. Mitigation measures established in the Agreement are proportional to direct, identified impacts of the development and are supported by substantial evidence. 14. The proposed principal uses of the site as a church and school, are allowed uses in the proposed Multifamily Residential (RM) zoning districts, pursuant to FWCC Sections 22-671 and 22-674, subject to all applicable development regulations and standards. Use and development of the site consistent with the FWCC and the Development Agreement will help ensure compatibility of the use with sUfTOunding areas. 15. The project will proyide a "front yard" setback from South 336th Street of a minimum 50 feet; with "side" and "rear" yards of 30 feet for the church building; and 50 feet for the school building, ball fields and any playground equipment. This provides an additional 20 feet more of front yard setback from South 336th Street for the church building than would be required by FWCC Sections 22-671 and 22-674, which allows additional landscape screening against South 336th Street and residential zoning districts to the north of the site. In addition, pursuant to code-required parking setbacks and design guidelines, a IS-foot parking lot setback along church portion with landscape buffer will be provided along the south property line adjacent to the residential uses to the south. Christian Faith Center Files CP A99-0004, 02-1 02271-00-UP, 02-102272-00-SE Statement of Facts and Conclusions - Exhibit D to Adoption Ordinance Page 2 16. Consistent with FWCC Sections 22-671 and 22-674, the maximum allowed height of single-story elements of the church building is 35 feet above average building eleyation (ABE), with up to three additional feet allowed for articulated cornices, and the maximum second-story height for offices, classrooms, library, and similar uses is 40 feet above ABE. The maximum height of the school building is 40 feet above ABE, with up to three additional feet allowed for articulated cornices. The maximum height of the sanctuary portion of the church, and the gymnasium portion of the school auditorium, is 55 feet ABE. 17. Pursuant to FWCC Section 22-1669, "Development Plan," and FWCC Section 22-395, "Director's Decision", the site and architectural design elements of the project were approved in a March 20, 2004, Director's Design Decision, based on the analysis and findings contained in Exhibit A to the decision. Development of the site in accordance with the design decision and other conditions of project approval and required mitigation will ensure incorporation of good design principles and compatibility with surrounding areas. The design decision sets forth general findings, applicable policies, and provisions, and is hereby incorporated in its entirety, without limitation, by this reference. . 18. The applicant's preliminary clearing, grading, erosion control, significant tree survey, landscape, and surface water drainage plans have been reviewed and accepted under applicable City of Federal Way adopted codes, policies, and regulations, including FWCC Chapter 21, "Surface Water Management"; FWCC Chapter 22, Article XVII, "Landscaping"; and the King County Surface Water Design Manual (KCSWDM) and the City's amendments to the KCSWDM, subject to review of final construction plans prepared in accordance with all applicable codes and development standards; the EIS; Process IV conditions of approval; and mitigation required under the Development Agreement. 19. Surface water detention and water quality treatment facilities will be provided for both the west and east drainage sub-basins on the site, in accordance with all applicable design and development regulations. 20. The Development Agreement establishes a number of mitigation measures that meet or exceed code requirements. This includes the oversight of a Construction Site Erosion and Sediment Control (ESC) Supervisor; a Storrnwater Pollution Prevention Plan; a phased construction plan; and seasonal construction limits. Surface water mitigation in the Agreement includes design and construction of the east side stormwater detention pond to meet Level 2 flow control standards; collection and dispersement of roof runoff from the sanctuary roof to adjacent wetland buffer areas; design and construction of surface water treatment facilities for the East and West 1 sub-catchments to include the use of Storrnwater Management filter vault systems, with compost medium, that meets or exceeds Resource Stream Protection Standards; and provision of an Integrated Pest Management Plan as described in the Department of Ecology Stormwater Manual (2001), in order to control the use of fertilizers and pesticides. The Agreement also provides for denser vegetated bank cover and larger trees around surface water detention water quality treatment ponds than would otherwise be required by code. Additional vegetated cover will contribute to water quality by decreasing the temperature of surface water runoff from impervious surfaces and standing water in drainage facilities. This will help mitigate storrnwater drainage impacts from the development. 21. Perimeter landscape buffers, as specified in the Development Agreement, meet or exceed the applicable standards in FWCC Section 22-1566, "Multifamily Residential, RM," This includes 50 feet of landscaping along South 336th Street; 20 feet along other public rights-of-way and access easements; 15 feet along other property lines associated with the church; and 10 feet along other Christian Faith Center Files CP A99-0004, 02-1 02271-00-UP, 02-1 02272-00-SE Statement of Facts and Conclusions - Exhibit D to Adoption Ordinance Page 3 property lines associated with the school. These provisions are consistent with the FWCC, and also provide 20 feet of additional landscaping along South 3361h Street than required by codc. A 50 foot vegetated landscape buffer along South 3361h Street will preserve additional native trees and shrubs and preserve a cross-site vegetated corridor linking to on-site wetland and stream buffers and riparian areas along the East Branch Hylebos Creek. In addition to retaining native vegetation and providing habitat opportunity, this corridor will provide water quality functions such as rainwater interception and filtering. 22. The clearing, grading, surface water, and landscaping mitigation provided in the Development Agreement is consistent with goals and policies contained in the FWCP Natural Environment Chapter, including NEGl, NEG2, NEG3, NEGI0, NEP1, NEP2, NEP7, NEP 10, NEPI8, NEP21, NEP63, and NEP64. 23. Pursuant to FWCC Sections 22-1671, 22-1674, and 22-1378, the required amount of parking for churches and schools is detennined on a case-by-case basis, pursuant to a parking demand analysis. Based on the City's review of the applicant's Traffic Management Plan (TMP), the Development Agreement specifies a minimum of 1,406 parking stalls and a maximum of 1,540 stalls on the site to serve anticipated parking demand for ordinary operation of the site. The Agreement also requires the applicant to prepare and submit an overflow parking plan for review and approval to the Public Works Director prior to special events to manage overflow parking using resources such as transit, shuttle service, and traffic control such as flaggers and police officers. The Agreement establishes the parking setbacks from property lines, consistent with FWCC Sections 22-671 and 22-674. 24. Lakehaven Utility District has provided Certificates of Water and Sewer Ayailability for the property, and will provide these services pursuant to developer extension agreements between the applicant and District. Fire and emergency medical services will be provided by the Federal Way Fire Department. A City-operated regional stonn drainage detention pond located in the northwest portion of the site has been detennined to have adequate capacity to accommodate site drainage from the westerly sub-basin on the property. 25. Staff has reviewed and analyzed transportation related matters. The Staff Report sets forth general findings, applicable policies, and provisions related to the matter, and is hereby incorporated in its entirety, without limitation, by this reference. 26. The project site has frontage on the existing rights-of-way of South 336th Street, SR 99 (Pacific Highway South), South 34151 Place, and the planned extension of 20th Avenue South, as shown in FWCP Map III-5. Pursuant to FWCC Section 22-1474(a), frontage improvements are required for these roadways. 27. South 336th Street is classified as a minor arterial, as shown in FWCP Map 111-5. FWCP Map 111-6 classifies South 3361h Street as a Type K street. FWCP Map III-19 was revised to relocate the segment of a bicycle route on South 3361h Street between 13th Place South and 20th Avenue South to South 330lh Street. Therefore, a Type K street is no longer applicable to South 336th Street west of 20th A venue South; a Type M street is now the appropriate standard. Existing improvements on the frontage consist of 36 to 54 feet of pavement with intennittent curb, gutter, and sidewalk on the north side only. Existing right-of-way width varies from 60 to 100 feet. The applicant will dedicate five feet of right-of-way on the west 400 feet of frontage only and construct the required half-street improvements on the entire frontage. Modifications approved by the Director of Public Works may be made pursuant to FWCC Section 22-1477, in order to minimize impacts to wetlands and wetland buffers. Christian Faith Center Files CPA99-0004, 02-102271-00-UP, 02-IO2272-00-SE Statement of Facts and Conclusions - Exhibit D to Adoption Ordinance Page 4 28. SR 99 (Pacific Highway South) is classified as a principal arterial, as shown in FWCP Map III-5. FWCP Map 111-6 classifies SR 99 as a Type A street. SR 99 is currently under construction to proyide full standard improvements, and all necessary right-of-way has been acquired. 29. Twentieth Ayenue South is classified as a minor collector, as shown in FWCP Map 111-5. FWCP Map III-6 classifies 20th Avenue South as a Type R street. As a new street through the site, the applicant will dedicate all 66 feet of right -of-way and construct full street improyements. 30. South 3415t Place is classified as a minor collector, as shown in FWCP Map 111-5. FWCP Map 111-6 classifies South 341 st Place as a Type R street. Existing improvements consist of a 36-foot street with curbs and gutters, and five-foot sidewalks in a 60-foot right-of-way. The applicant will dedicate an additional three feet of right-of-way. Pursuant to FWCC Section 22-1477, the requirement for street frontage improvements on South 341 5t Place are waived because the improvements are already in place. 31. Pursuant to FWCC Section 22-14 74(b), the City may require up to 300 square feet of right-of-way dedication per average daily trip generated. According to the EIS, average daily trip generation would exceed 2688 trips, thus allowing the City to require at a minimum 806,486 square feet of right-of-way dedication. Approximately 108,290 square feet of right-of-way dedication would be required to meet full standards. Thus, the right-of-way requirements are proportionate with the leyel of impact. 32. Pursuant to FWCC Section 22-1542, two-lane driveways shall be 30 feet wide, and three-lane driveways shall be 40 feet wide, unless design vehicles (the largest vehicle that would reasonably be expected to use the driveway, and therefore the one to which the driveway will be desIgned) require larger widths. The EIS analyzed all driveways as two-lane except for the northerly of the four driveways onto 20th Avenue South, and the driveway onto South 336th Street, which were assumed to be three-lane driveways. 33. Pursuant to FWCC Section 22-1543(a), South 336th Street has an access classification of four, which allows access points with spacing of 150 feet measured centerline-to-centerline. FWCC Section 22-1543(c) limits access to one per 330 feet of frontage. South 336th Street has approximately 2150 feet of frontage, thus six access points could be allowed. The site plan for the project shows one access approximately 572 feet west of 20th Avenue South. A single-family residential driveway is located opposite this proposed driveway, the driveway to the Ridgecrest Motel is located approximately 100 feet to the west, and a driveway to a multi-family residential complex is located 230 feet to the east. The spacing standard does not apply to single-family residential uses. If the driveway were to be relocated to the east, it would worsen the intersection sight distance for traffic turning left from the driveway onto westbound South 336th Street. If the driveway were relocated to the west, it would infringe upon wetland buffer. The Ridgecrest Motel consists of eight units. Based on ITE Trip Generation, 6th edition, the motel is estimated to generate four trips the morning, evening, and Saturday peak hours, and three trips during the Sunday peak hour; therefore, although this access does not meet spacing standards, it has a low probability of creating a significant safety issue. City staff will monitor. 34. Pursuant to FWCC Section 22-1543(a), SR 99 has an access classification of one, which, due to its status as a state highway, must meet the Washington State Department of Transportation (WSDOT) standard of 250 feet. Left-turn in access would best be allowed at a spacing of 330 feet, and full access is permitted only at signalized intersections. However, FWCC Section 22-1543( c) limits Christian Faith Center Files CPA99-0004, 02-102271-00-UP, 02-102272-00-SE Statement of Facts and Conclusions - Exhibit 0 to Adoption Ordinance Page 5 access to one per 330 feet of frontage. The site has approximately 534 feet of frontage; therefore, only one access point would be permitted. The project proposes to provide a right-in/right-out access 749 feet south of South 336th Street, which would be shared with Pacifica Plaza. This location has no other access within 250 feet. Therefore, this access meets driveway spacing standards. 35. Pursuant to FWCC Section 22-1543(b), the access spacing standard for 20lh Avenue South would be 150 feet. Each of the proposed driveways meets this standard. However, FWCC Section 22- 1543(c) limits access to one per 330 feet of frontage. Twentieth Avenue South has 1662 feet of frontage, thus five access points could be allowed, whereas four are proposed. Therefore, this standard is met. 36. Pursuant to FWCC Section 22-1543(b), the access spacing standard for South 341 sl Place would be 150 feet. FWCC Section 22-1543(c) limits access to one per 330 feet of frontage. No access points are proposed onto South 341s1 Place. However, the creation of the intersection of20lh Avenue South and South 341 sl Place creates access spacing issues with an existing driveway at the intersection of 21 sl Avenue South and South 341 st Place. As part of engineering plan review, the applicant will provide plans that proYide adequate intersection sight distance, geometries, and traffic control measures that provide for safe and efficient operation of the intersection consistent with FWCC and adopted standards. 37. Pursuant to TIA Guidelines item VLDA.a, the City uses Highway Research Record 211 to determine when left-turn lanes are warranted at unsignalized intersections. A left-turn lane is warranted when certain thresholds involving travel speeds, left-turn volumes, through volumes in the same direction as the subject left-turn, and opposing traffic volumes are exceeded. 38. Based on the volumes in the traffic analysis for the EIS, this warrant is met at the driveway on westbound South 336th Street during the morning, afternoon, and evening peak hours. Therefore, the applicant will provide a westbound left-turn lane at the site access on South 336th Street. 39. Based on the volumes in the traffic analysis for the EIS, left-turn lane warrants are met at the north driveway on northbound 20th A venue South during the morning, and Sunday between service peaks; at the north central driveway on southbound 20th Avenue South during the morning, afternoon, Sunday between service, and Sunday after service peaks; at the south central driveway on northbound 20lh Avenue South during the morning, and Sunday between service peaks; at the south central driveway on southbound 20th A venue South during the Sunday between service peak; at the south driveway on southbound 20th Avenue South during the Sunday between service and after service peaks; and at the south driveway on northbound 20th Avenue South during the Sunday between service peak. Since left-turn lanes are warranted at each driveway, the applicant will stripe 20th A venue South to provide a two-way left-turn lane throughout the site. 40. The proposed schedule of activities contained in the Traffic Management Plan (TMP), required pursuant to FWCC Section 22-671, was analyzed in the environmental review. Pursuant to FWCP Policies TP5, TP45, and TP62, the following restrictions on the scheduling of activities will be placed on the development in order to reduce traffic impacts: school classes will be completed by 3:30 pm; Sunday services will be separated by at least 90 minutes; evening services will be scheduled to start no earlier than 6:30 pm; Dominion College wìlt' have no classes scheduled between noon and 6:30 pm; and special events will be reviewed on a case-by-case basis pursuant to the TMP and should be scheduled to not add trips during peak hours of other uses, or conversely, other uses should be canceled to accommodate the special events. Should a modification of this Christian Faith Center Files CP A99-0004, 02-1 02271-00-UP, 02-1 02272-00-SE Statement of Facts and Conclusions - Exhibit 0 to Adoption Ordinance Page 6 schedule of activities, which was submitted for review in the EIS, be required, the Agreement specifies the applicable code process to use. 41. The intersection of SR 99 at South 31th Street would fail the adopted Level of Service (LOS) standards in 2007 with or without Christian Faith Center (CFe). This intersection was originally included in the study area based on a 10 evening peak hour trip threshold in the City's Guidelines for the Preparation of Transportation Impact Analyses. As a result of the initial analysis, CFC modified their proposed hours of operation to reduce evening peak hour trip generation. As a result, the project now impacts this intersection by eight evening peak hour trips, less than the 10-trip threshold. Therefore, no mitigation is required at this intersection. 42. Pursuant to the methodology analyzed in the EIS, the intersection of South 320th Street and 23rd Avenue South fails the adopted LOS standard during the evening peak hour in 2007, with or without the project, and fails as a result of the project during the Sunday peak. Staff considered other methodologies for determining failure of the adopted LOS standard without violating the adopted policy. In practice, City staff has administered the policy as outlined in the TIA guidelines as the worst of two tests. Table 2 defines a volume/capacity ratio test as Xc (as defined in the Highway Capacity Manual) must be less than 1.000. However, item V.B. in the TIA Guidelines specifies that no movement shall have a volume/capacity ratio greater than 1.000. It is this latter standard upon which the EIS identified the LOS failure. Using Xc, the volume /capacity ratio is 0.91 during the 2007 evening peak hour and 0.94 during the Sunday peak hour. Given that using Xc is consistent with FWCP Policy TPI6, and the high cost to mitigate relative to the impact, no mitigation will be required at this intersection. 43. The intersection of South 336th Street at pt Way South would fail the LOS standards during the evening peak hour in 2007 with or without the project. The proposed mitigation would provide a protected right turn overlap phase for westbound traffic during the southbound left-turn phase. This is a minor revision to the signal design and will be incorporated into the capital project at this location, which is scheduled to be in design in 2004. No mitigation will be required at this intersection beyond pro-rata share contributions described in the Agreement. 44. The intersection of 16th Avenue South at South 341 5t Place would fail the LOS standard during all peak hours analyzed as a result of the project. The project would add 426 trips during the morning peak hour, 344 trips during the afternoon peak hour, 99 trips during the evening peak hour, and 820 trips during the Sunday peak hour. Because of its proximity to the signalized intersection of 16th Avenue South and SR 99, it is impractical to signalize this intersection to resolve the LOS failure. 45. The EIS considered three alternatives to resolve the LOS failure at 16th Avenue South and South 341 5t Place. One assumes that the capacity restriction will resolve itselfby drivers rerouting to avoid making the left-turn from westbound South 341 5t Place to southbound 16th Avenue South, by rerouting to South 336th Street and SR 99 when leaving the site, called the "Capacity Constrained Distribution" in the EIS. The second is to provide a connection between South 341 st Place and South 344th Street, and use planned signalized intersections on South 344th Street at 16th Avenue South and SR 99 to access these roadways. The third alternative considered is to prohibit westbound left-turns from South 341st Place to southbound 16th Avenue South and accommodate D- turns by constructing a roundabout at the intersection of SR 99 and 16th A yenue South. Based on staff analysis, alternatives one and three are not recommended. 46. The "Capacity Constrained Distribution" assumes that due to significant delays encountered when attempting to make a westbound left-turn from S 341 Sl Place to 16th Avenue S, drivers would Christian Faith Center Files CP A99-0004, 02-1 02271-00-UP, 02-1O2272-00-SE Statement of Facts and Conclusions - Exhibit 0 to Adoption Ordinance Page 7 become frustrated and learn to use alternate routes. The EIS analysis assumed that most of these trips would leave the site to the north onto S 336th Street, and most would head west on S 3361h Street to SR 99 and turn left to 16th Ayenue S or continue straight on SR 99. Although no capacity improvements appear warranted as a result of this assignment, staff has significant concerns about the safety of the 16th A yenue S / S 341 5t Place intersection under this scenario. It has been the City's experience that unsignalized intersections operating near capacity have a higher than average collision rate. This is due primarily to increased driver frustration, leading to drivers choosing gaps in opposing traffic that are inadequate to complete the maneuver safely. Therefore, this alternative is not recommended. 47. The roundabout alternative would provide adequate levels of service. In order to accommodate planned traffic volumes, it would have a 3-lane roundabout with an inscribed diameter of 200 feet. As SR 99 is a state highway, any intersection modifications would have to be approved by WSDOT. To date, WSDOT has not approved any three-lane roundabouts on the state highway system, and its historical reluctance to approve 2-lane roundabouts casts doubt as to whether this would be a viable alternative at this time. In addition, a roundabout would need right-of-way on both sides of SR 99, impacting developed properties on the east side of SR 99. Therefore, this alternative is not recommended. 48. Providing a connection between South 341 5t Place and South 344th Street reroutes traffic around the intersection of 161h Avenue South and South 34151 Place, and takes advantage of a project planned by the City to construct traffic signals on South 344th Street at 16th Avenue South and at SR 99. 49. Potential locations to provide this connection between South 341 5t Place and South 3441h Street are 21 51 Avenue South and 18th Avenue South. Due to the presence of wetlands, three different alignments for 21st Avenue South were considered in the EIS. An alignment along the existing right-of-way would impact wetlands and result in two stream crossings; an alignment to the east would cross the wetland at its narrowest width, but would still impact wetlands and result in two stream crossings; and an alignment to the west would avoid impacting the stream and wetlands, but would require right-of-way acquisition from the truck parking lot. 50. Eighteenth Avenue South has continuous right-of-way, but is not a through street due to an existing temporary berm. Eighteenth Avenue South provides a preferred alternative to 21 51 A venue South due to the wetlands in the vicinity of the proposed 2151 Avenue South alignments and the transitional nature of the residential neighborhood on 18th Avenue South. Pursuant to FWCC Section 22-1477, the required right-of-way width may be modified by the Director of Public Works to avoid right-of-way acquisition and lessen the impact to the neighborhood, and utility undergrounding will not be required. Therefore, the applicant will construct 18th Avenue South as a modified street section between the southern extent of the street improvements in Kits Comer Business Park and South 344th Street. 51. The rerouting of trips using this connection on 18th Avenue South would add 417 trips to the east leg of South 344th Street east of 16th Avenue South, and 128 trips between 161h Avenue South and SR 99 during the Sunday after service peak hour. Both of these intersections are currently unsignalized. The addition of these trips would create LOS failure and safety issues associated with unsignalized intersections operating oyer capacity. Staff has determined that these intersections would not operate safely if the project's trips impacted these intersections prior to the completion of the Transportation Improvement Plan (TIP) project scheduled for 2008 that would add left-turn lanes on South 344th Street and signalize both intersections. Therefore, the applicant will construct traffic signals at these intersections. Christian Faith Center Files CP A99-0004, 02-1 02271-00-UP, 02-1 02272-00-SE Statement of Facts and Conclusions - Exhibit D to Adoption Ordinance Page 8 52. Staff analysis has determined that the project's trips meet warrants for left-turn lanes in the westbound direction at both the intersections of SR99 and 16th A yenue Sand S 344th Street and 16th Avenue S. Eastbound left-turn lanes may also be needed to line up lanes across the intersections within allowable tapers, depending on the intersection geometries; this will be determined through engineering plan review of these intersections. Although the EIS identifies impacts related to right- of-way acquisition in order to provide full-standard improvements, it is not necessary to provide full street improvements to mitigate the safety and LOS deficiencies at these intersections. The applicant will be required to develop a design that mitigates the safety and LOS impacts while minimizing right-of-way acquisition. The applicant will provide signalization and westbound left- turn lanes necessary to assure the safe operation of these intersections in the interim. Signal interconnect will also be provided between the two signalized intersections. The need for eastbound and westbound left-turn lanes will be determined during engineering plan review. The requirement for any of the left-turn lanes on South 344th Street may be waived by the Public Works Director if it is determined that to do so would require right-of-way acquisition. 53. The intersection of 16th Avenue South/Enchanted Parkway South (SR 161) at South 348th Street (SR 18) fails the adopted LOS standard during the school afternoon peak and the Sunday peak with or without the project. The project would add 150 trips during the school afternoon peak hour and 328 trips during the Sunday peak hour. The EIS identifies the construction of a second northbound right-turn lane as a mitigation measure that would correct the LOS deficiency during the school afternoon peak by improving the LOS from F to 0, and reducing the LOS deficiency significantly during the Sunday peak hour by reducing the volume/capacity ratio from 1.24 to 1.04. This mitigation measure is in addition to the project in the adopted 2004-2009 TIP, which would add a third westbound left-turn lane and eastbound and westbound right-turn lanes. Based on the traffic analysis for the EIS, in order to function without being blocked by queues in the through lanes, the right-turn lanes would need to provide 550 feet of storage. Therefore, the applicant will pay $350,000 to expand the scope of the City's existing project to add the construction of a second right-turn lane with 550 feet of storage. 54. WSDOT is proposing to construct a major revision to the 1-5/SR 18 interchange, which would include access between SR 161 and 1-5 to and from the north. This would provide an alternative route that would reduce traffic volumes through the intersection of SR 18 and SR 161. Therefore, it is unknown at this time what intersection configuration will be needed over the longer term at SR 18 and SR 161. Consequently, the addition of through lanes northbound that would be needed to meet the LOS standard in 2007 may not be needed after 2012. 55. The intersection at 20th Avenue South at the south central site access fails the adopted LOS standard during the Sunday after service peak as a result of the project. It is impacted by 1047 Sunday peak hour trips. The EIS addressed four options for addressing the LOS failure: provision of a two-way left-turn lane on 20th Avenue South, construction of a roundabout, signalization, and flaggIng the driveway during peak hours. Provision of a two-way left-turn lane is recommended to accommodate turning movement volumes, but does not fully mitigate the LOS deficiency. Left-turn volumes from 20th Avenue South into the driveways are high enough that the two-way left-turn lane would not be available for use as a refuge area for vehicles turning left from driveways onto 20th Avenue South. Flagger control during the project's peaks would safely manage traffic only when it is needed. CFC has proposed this option in the TMP. Given the low volumes of through traffic on 20th Avenue South during the project's peak hours of trip generation on Sundays, and the relative lack of impacts by the use of flagger control compared to the other alternatives, flagger control is the recommended mitigation for this location. The applicant will provide flagger control of this Christian Faith Center Files CPA99-0004, 02-IO2271-00-UP, 02-IO2272-00-SE Statement of Facts and Conclusions - Exhibit 0 to Adoption Ordinance Page 9 driveway during Sunday peak hours, subject to conditions of the Right-of-Way Activity Permit to be issued by the Department of Public Works. 56. The EIS suggests as a mitigation measure to minimize the intrusion of project-generated traffic into residential neighborhoods to the north of the site an education program to influence route choices by notices, announcements, and new member orientation used to educate driyers. Pursuant to FWCP Policy TP5, the applicant will provide an ongoing education program to minimize traffic intrusion into adjacent residential neighborhoods. 57. The EIS discusses a broad range of traffic calming tools that might be used to discourage through traffic from using 20th Avenue South north of the site, and to maintain reasonable speeds for a residential neighborhood for those that do choose to use 20th A venue South. Based on the analysis of the alternatives by staff, a through movement diverter is recommended and will be placed at the intersection of 20th Avenue South and South 336th Street, and is intended to prohibit through movements on 20th Avenue South across South 336th Street. All other movements at the intersection would be permitted. The design will accommodate transit turning movements and full access for emergency yehicles, making it possible that smaller vehicles could still driye around the diverter. 58. Despite the diverter, some project-generated traffic may still be expected to use 20th Avenue South to the north of the site. Therefore, there is still some need to discourage the use of 20th Avenue South through traffic calming north of the site, even with the through movement diverter. Traffic circles have been found by many agencies to significantly reduce intersection collisions and slightly reduce midblock vehicle speeds. In order to be effective at reducing speeds and encourage yielding behavior, deflection of the driver's path upon entry to the traffic circle is required. At a three-legged intersection such as at South 332nd Street, additional pavement widening may be required to provide for adequate deflection and provide positive guidance to the driver. In no case should additional right-of-way be required. Pursuant to FWCP Policy TP5, the applicant will place the through movement diverter at the intersection at South 336th Street, and yield-controlled traffic circles at South 330th Street and South 332nd Street to reduce intersection collisions and midblock vehicle speeds. 59. Neighborhood Traffic Meetings were held June 3, 2004 and June 25, 2004 with the residents on 18th Avenue South to determine the best solution for improving 18th Avenue South. Based on the discussions at the meetings, the residential segment of 18th A venue South will be improved to a modified street section, consisting of 24 foot wide street with vertical curb and gutter, 5-foot sidewalks and 2 additional street lights mounted on existing power poles. Traffic calming elements will be installed, including two speed humps, 1 crosswalk, bulb outs at the intersection of 18th A yenue Sand S 341 5t Street and 18th Avenue Sand S 344th Street to narrow the throat width of 18th Avenue S to 20 feet, and street signage to address no through truck traffic, children playing, speed humps, crosswalk and speed limit will be installed. 60. The EIS discusses the potential adyantage of extending the code-required frontage improvements on the south side of South 336th Street to provide pedestrian access to transit and the sidewalk network on SR 99. The intersection of SR 99 and South 336th Street is served by Metro Route 182 and Pierce Transit Routes 402 and 500. The City's project on SR 99 will provide transit amenities at the bus stops at this intersection. These improvements could be provided at little additional expense and would connect to one of the best-served transit corridors in the City. Therefore, pursuant to FWCP Policies TP62, TP65, and TP77, the applicant shall provide sidewalk on the south side of South 336th Street to be extended from the west property line of the site to SR 99. Christian Faith Center Files CP A99-0004, 02-1 02271-00-UP, 02-1 02272-00-SE Statement of Facts and Conclusions - Exhibit D to Adoption Ordinance Page 10 61. The EIS discusses the proyision of transit amenities such as shelters, benches, bus landing pads, etc. as a potential mitigation measure. The site is served by Pierce Transit Route SO 1 at a bus stop located on the south side of South 336th Street east of 20th A venue South, and a bus stop located on the east side of 20th Avenue South north of South 336th Street. Sidewalks will be provided to the bus zone by code-required frontage improvements on South 336th Street. Pursuant to FWCP Policies TP62, TP65, and TP77, the applicant will provide a transit shelter (if requested by King County Metro or Pierce Transit), shelter footing, litter receptacle pad, bus landing pad, and bench, designed to King County Metro standards, located by City staff in consultation with King County Metro and Pierce Transit staff on the north side of South 336th Street east of 20th Ayenue South, and on the east side of 20th Avenue South north of South 336th Street. In addition, the sidewalk will be extended on the east side of 20th Avenue South from the intersection of South 336th Street to this latter bus zont;:. This will help mitigate increased vehicle trips from the project. 62. The EIS addresses pro-rata share mitigation for impacts to capital projects listed on the City's TIP based on the specific project generated trips. The calculation of pro-rata contributions is described in the TIA Guidelines item VI.D. In general, the pro-rata contribution is the number of evening peak project-generated trips divided by the total evening peak hour traffic with the project multiplied by the estimated cost of the TIP project. Pursuant to FWCC Section 22-1475 and FWCP Policy TP62, the applicant shall either construct the impacted TIP projects or pay $235,900 as a pro-rata mitigation payment for impacts to projects in the 2004-2009 TIP, as identified in the Agreement. 63. The project impacts a capital project in unincorporated King County at the intersection of South 320th Street and Military Road S. Therefore, the applicant will pay King County $647 as a pro-rata share mitigation payment for impacts to the County project. 64. The development proposal includes signalization of the intersection of 20th A venue South and South 336th Street. This intersection meets Manual on Uniform Traffic Control Devices (MUTCD) warrants for signalization under existing conditions; thus the proposal is consistent with FWCC Section 22-1476. The MUTCD also recommends that traffic signals within one-half mile of each other be able to be coordinated. This intersection is one-quarter mile east of the signalized intersection of SR 99 and South 336th Street. FWCP Map III-3 shows that these facilities were planned to have signal communications available between them. Pursuant to FWCP Policy TP39, the applicant will provide signal interconnect on South 336th Street between SR 99 and 20th Avenue South. 65. Based on the traffic analysis in the EIS, left-turn lanes on South 336th Street are warranted during all weekday peak hours analyzed eastbound, and during all peak hours analyzed westbound. In order to provide the left-turn lanes, the existing westbound shoulder could be restriped as a through lane. However, this would eliminate the safe walking route for school children to reach a school bus stop on 20th Avenue South from South Garden Court and Green Crest Villas condominiums. Therefore, the applicant will provide continuous sidewalk improvements on the north side of South 336th Street between South Garden Court and Green Crest Villas to provide a safe walking route to the bus stop. 66. The TIA guidelines adopt the use of an article, Guidelines for Right- Turn Treatments at Signalized Intersections, for detennining the need for right-turn lanes at signalized intersections. Based on the traffic analysis in the EIS, right-turn lanes are warranted on all legs of the intersection of 20th A venue South and South 336th Street. In conjunction with the through movement diYerter, no through lanes on 20th A venue South would be required. Thus, no additional widening would be Christian Faith Center Files CPA99-0004, 02-IO2271-00-UP, 02-IO2272-00-SE Statement of Facts and Conclusions - Exhibit 0 to Adoption Ordinance Page II necessary on the south leg of the intersection. On the north leg of the intersection, the right-turn lane would have to have a vehicle storage length of 175 feet to function effectively. A right-turn lane on the west leg of the intersection would require additional right-of-way dedication from the project, and would have to provide 100 feet of storage to function effectively. Per WSDOT Design Manual Figure 910-14, right-turn lanes would also require 50-foot tapers. The applicant shall construct improvements to the intersection of 20th Avenue South at South 336th Street that provide signalization; signal interconnect on South 336th Street between SR 99 and 20th Avenue South; left- turn lanes on all legs of the intersection and an eastbound right turn lane with 100 feet of storage; a southbound right-turn lane that provides 175 feet of storage; the diverter island that would prohibit through movements on 20th Avenue South. These improvements mitigate the project impacts by providing adequate levels of service at the intersection, while discouraging project-generated traffic from impacting residential neighborhoods north of the site. 67. Based on the traffic analysis in the EIS, under the worst case queuing, the westbound left-turn lane at the intersection of SR 99 and South 336th Street would need a storage length of 450 feet. The existing storage available is 100 feet. The increase in storage length, combined with associated tapers per WSDOT Standard Plan H-3, would overlap the taper necessary to accommodate the left- turn lane at the site driveway onto South 336th Street. Therefore, pursuant to FWCC Section 22- 1475, the applicant will provide a continuous left-turn lane between SR 99 and 20th Avenue South. 68. New traffic signals are proposed at the intersections of 20th Avenue South at South 336th Street, 16th Avenue South at South 344th Street, and SR 99 at South 344th Street. In addition, the proJcct would significantly alter travel patterns before and after Sunday services. New signal coordination timing plans would need to be developed to accommodate safe and efficient travel in the project vicinity. Pursuant to FWCP Policy TP39, the applicant will develop timing plans for Sunday peak hours of the development at SR 99 at South 324th Street, SR 99 at South 330th Street, SR 99 at South 336th Street, 20th Avenue South at South 336th Street, 16th Avenue South at SR 99, 16th Avenue South at South 344th Street, and SR 161 at SR 18. 69. Transportation mitigation provided in the Development Agreement is consistent with goals and policies contained in the FWCP Transportation Chapter, including TP5, TPIO, TP14, TP16, TP20, TP21, TP23, TP30, TP38, TP39, TP45, TP47, TP62, TP65, and TP77. 70. FWCC Section 22-1671 sets out factors to be considered for a development agreement. The City may consider, but is not limited to, the following factors when considering a development agreement: 1) compatibility with and impact on adjacent land uses and surrounding neighborhoods; 2) adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools; 3) potential benefits of the proposal to the community; and 4) effect upon other aspects of the comprehensive plan. 71. Development of the site in accordance with all adopted City codes, policies, regulations, conditions of approval, and mitigation contained in the Development Agreement, will address project-related impacts and ensure compatibility with adjacent land uses and surrounding neighborhoods. Transportation impacts to surrounding neighborhoods will be addressed by code-required street frontage improvements and mitigation established in the development agreement, including additional street and sidewalk connections; a new street through the site; traffic calming measures such as traffic circles and island diverters; signalization; transit shelter improvements; signal timing plans; traffic management plan; and operational parameters governing use of the site. Conditions of the Hearing Examiner's Process IV decision will ensure that project-related impacts to on site wetlands, streams, and buffers are addressed. Mitigation in the Development Agreement pertaining Christian Faith Center Files CP A99-0004, 02-1O2271-00-UP, 02-1O2272-00-SE Statement of Facts and Conclusions - Exhibit D to Adoption Ordinance Page 12 to clearing, grading, and landscaping, will further address construction and development-related impacts. The Director's Design Decision also ensures quality design standards and project aesthetics for compatibility with surrounding neighborhoods. Additionally, the use of the property as a church and school is more compatible with the surrounding neighborhoods than the types of uses allowed under BP zoning. Therefore, development of the site in accordance with all adopted City codes, policies, regulations, and conditions of approval, and mitigation contained in the Development Agreement is compatible with, and will not adversely impact, adjacent land uses and surrounding neighborhoods. 72. Development of the site in accordance with all City codes, policies, and regulations and conditions of approval and mitigation contained in the Development Agreement will ensure adequacy of, and address impacts to, community facilities including roads, public transportation, parks, recreation, and schools. Potential transportation-related impacts to adjacent street and the City transportation system were considered in the EIS. Mitigation for these impacts included in the Development Agreement, pursuant to City Code and the EIS, includes system improvements such as construction and dedication of 20th Avenue South through the site, connecting and improving 18th Avenue South, frontage improvements, signalizing of intersections, and traffic calming measures and transit improvements. Driveway and street access to the site was reviewed and deternlined to be at the optimal location and configuration, subject to the City's adopted design standards and street plans. The recreational needs of the school and day care students will be met on site by the code-required outdoor play areas, and the play field. The minimum amount of outdoor play area included in the Development Agreement meets and exceeds the requirements of the City of Federal Way and the State Superintendent of Public Instruction. In addition, users of the site may utilize City parks in the area. Any such use is expected to be small. The proposed development contains a private school. 73. The proposed church and school are expected to generate employment opportunities and potential economic and social benefits. Based on information provided by CFC, it would employ 120 employees. CFC hosts several major conferences each year, including the Vision Conference attracting 2,500 - 3,000 visitors each March, and a women's conference attracting approximately 2,000 visitors each November. CFC also participates in foreign exchange programs and estimates approximately fifteen to twenty percent of its students are from foreign countries. Employees, members of the congregation, and others who come for services, meetings, and school, may also patronize local merchants and service providers such as retail, restaurants, hotels, and entertainment. Therefore, more economic benefit would be anticipated than is currently generated by the existing vacant site. Additionally, CFC proposes several commercial activities on the site, including latte stands and bookstores, which are expected to generate revenue. As proposed and as required, the project will construct needed right-of-way improvements on and off site, including a new fully-improved City street through the site; street frontage improvements including curbs, gutter, sidewalk, street trees, street lights, and a bike lane; and other street improvements identified in the Development Agreement. Such improvements will promote safe and effective vehicle and pedestrian circulation on the site and in the immediate vicinity. In addition, the project will convert a large, vacant site that has historically been unused to a development that meets all City code requirements for landscaping, lighting, pedestrian amenities, site surveillance, and architectural design principles. CFC will provide educational opportunities through a school and college. It will provide recreation fields and a venue for special events within the City. Conditions contained in the Development Agreement will ensure mitigation of adverse impacts to on-site environmentally sensitive areas resulting from the development. Also, religious organizations typically operate or participate in various local social service-related programs such as food and clothing banks, Youth programs, and counseling, from which the community may benefit. Therefore, development of the site in accordance with all City codes, policies, regulations, and conditions of approval and Christian Faith Center Files CPA99-0004, 02-102271-00-UP, 02-IO2272-00-SE Statement of Facts and Conclusions - Exhibit D to Adoption Ordinance Page 13 mitigation contained in the Development Agreement will provide potential benefits to the community. 74. Development of the site in accordance with all City codes, policies, and regulations and conditions of approval and mitigation contained in the Development Agreement will have no negative impact upon any other aspects of the comprehensive plan. The vision of the FWCP is to provide a supply of land for such uses as services, employment, parks, open space, and housing to meet future demand. If developed as proposed, the Project will provide land for services, employment, and recreational areas. The BP zone is that zone intended for industrial uses including manufacturing and warehousing. The July 2000 Market Analysis concluded that there would be a low demand for BP-zoned land. Therefore, the reduction in BP zoned land, resulting from changing the designation of this site from Business Park to Multiple Family will not affect the vision of the comprehensive plan. 75. FWCC Sections 22-529 (incorporating 22-448(c) by reference) and 22-530 set forth the factors that may be considered for a site-specific comprehensive plan amendment and associated rezone, and the criteria for such amendments. The City may consider, but is not limited to, the following factors when considering a proposed amendment to the comprehensive plan: the effect upon the physical environment; the effect on open space, streams, and lakes; the compatibility with and impact on adjacent land uses and surrounding neighborhoods; the adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools; the benefit to the neighborhood, City, and region; the quantity and location of land planned for the proposed land use type and density and the demand for such land; the current and projected population density in the area; and the effect upon other aspects of the comprehensive plan. In order to encourage efficient and desired development and redevelopment of existing land designated and zoned for various types of commercial uses, when considering proposals for comprehensive plan amendments and rezones from one commercial designation to another, the City will consider development trends in commercially zones areas, market demand for various types of commercial land, and amount of vacant commercial land. For site-specific comprehensive plan amendments, the provisions of FWCC Section 22-488(c) shall also apply. 76. FWCC Section 22-488 established the following rezone criteria that must be considered. The proposed rezone is in the best interest of the residents of the City; and the proposed rezone is appropriate because either: 1) conditions in the immediate vicinity of the subject property have so significantly changed since the property was given its present zoning and that, under those changed conditions, a rezone is within the public interest; or 2) the rezone will correct a zone classification or zone boundary that was inappropriate when established; it is consistent with the comprehensive plan; it is consistent with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan; and it is consistent with the public health, safety, and welfare; and the proposed project complies with this chapter in all respects; and the site plan of the proposed project is designed to minimize all adverse impacts on the developed properties in the immediate vicinity of the subject property; and the site plan is designed to minimize impacts upon the public services and utilities; and the rezone has merit and value for the community as a whole. 77. The requested comprehensive plan amendment and rezone, trom BP to RM 3600, would not in itself affect the physical environment if approved. It would result in changes to the comprehensive plan map and zoning map. Pursuant to the proposed Development Agreement, development of the site would be limited to two buildings with associated parking and recreational and athletic fields. One building would consist of a church sanctuary, school auditorium, and approved accessory uses, and the other building would be used as a private school. An evaluation of potential impacts to the Christian Faith Center Files CP A99-0004, 02-1O2271-00-UP, 02-1O2272-00-SE Statement of Facts and Conclusions - Exhibit D to Adoption Ordinance Page 14 physical environment as a result of the development of the site as proposed was conducted in an EIS. If the property is developed in accordance with all applicable adopted City codes, policies, regulations, and mitigation contained in the proposed Development Agreement, impacts to the physical environment will be mitigated. 78. The site contains environmentally sensitive areas, as studied in the EIS, including regulated wetlands and streams and their buffers. The Hearing Examiner has approved certain intrusions into these areas, subject to City Council decisions on the comprehensive plan amendment, rezone, development agreement and development plan, in order to construct the project as proposed. Actiyities approved by the Examiner include filling a Category III wetland and its buffer, and related mitigation including a created wetland and additional buffer area in and adjacent to a Category II wetland on the site. Additional intrusions into wetland and stream buffer were approved in order to accommodate an access road and construct required right-of-way and related improvements including pavement widening, retaining walls, and extending stonn pipes and stream culverts. Construction of the site in accordance with all conditions of the Hearing Examiner's decision will result in no net loss of wetlands and wetland buffers and stream buffers. In addition, pursuant to the Hearing Examiner's conditions of approval, all on site wetlands, streams, and their required buffers will be set aside and recorded as Native Growth Protection Easements or Tracts and pennanently protected from any future land modifications or intrusions. In addition, the Development Agreement establishes mitigation pertaining to surface water drainage detention and water quality treatment that meets and exceeds code requirements. No lakes are present on the site. If the property is developed in accordance with all applicable adopted City codes, policies, regulations, and mitigation contained in the Hearing Examiner Decision and proposed Development Agreement, impacts on open space, streams and lakes will be mitigated. 79. The request for a change in comprehensive plan designation and zoning from BP to RM 3600 zoning (one unit per 3,600 square feet) is accompanied by a proposed Concomitant Agreement and Development Agreement, which contains a variety of mitigation measures related to site use and operation, transportation, parking, landscaping, and surface water drainage, designed to ensure compatibility with adjacent land uses and surrounding neighborhoods. In addition, rezoning the site from industrial to multifamily with a church and school development would be more compatible with residentially-zoned properties in the area than uses that may develop under the current industrial zoning, such as a warehousing facility with associated truck traffic. If the property is developed in accordance with all applicable adopted City codes, policies, regulations, and mitigation contained in the proposed Development Agreement, the deyelopment will be compatible with adjacent land uses and surrounding neighborhoods, and impacts on adjacent land uses and surrounding neighborhoods will be mitigated. 80. Development of the site as proposed, in accordance with all applicable codes, policies, regulations, conditions of approval, and mitigation measures contained in the Development Agreement, will ensure the adequacy of, and mitigate impacts on, roads, public transportation, parks, recreation, and schools. 81. The July 2000 Market Analysis concluded that there would be only an 11 to 13 percent demand for BP-zoned land in the 2000 to 2020 period. Therefore, it is possible tl~at this land would not develop for BP uses in the near future. Conversion of the vacant site trom vacant property, which is unlikely to develop in the near future, to a developed site as proposed, in accordance with all applicable codes, policies, regulations, conditions of approyal, and mitigation measures contained in the Development Agreement, will be a benefit to the neighborhood, City, and region. Christian Faith Center Files CP A99-0004, 02-1 02271-00-UP, 02-1 02272-00-SE Statement of Facts and Conclusions - Exhibit D to Adoption Ordinance Page 15 82. Due to the size of its existing congregation, school, and accessory uses such as administrative offices, Dominion College, day care, and future projections for growth, the CFC would like to locate on an approximate 50-acre parcel. Based on a survey of the King County Assessor's records conducted by City staff, there are only two vacant parcels in the City that are 25 acres or more in size. One of these is the parcel under discussion and the other one is the subject of Kits Corner request, located south of South 336th Street and west of Pacific Highway. The July 2000 Market Analysis concluded that there would be only an 11 to 13 percent demand for BP-zoned land in the 2000 to 2020 period. Therefore, it is possible that this land would not develop for BP uses in the near future and a comprehensive plan change and rezone to multiple family zoning and development of the site as proposed, in accordance with all applicable codes, policies, regulations, conditions of approval, and mitigation measures contained in the Development Agreement, will provide the quantity and location of land necessary for the proposed land use, density, and demand for such use. 83. If this site were developed today as warehousing under the existing BP zoning, it would generate approximately 268 employees. Based on infonnation provided by the CFC, if the request for a multiple family designation was granted, and the facility was constructed as proposed, it would employ 120 employees. If the comprehensive plan and rezone is approved pursuant to the proposed Concomitant Agreement and Development Agreement, the use of the site is limited to the proposed church and school and pennitted accessory uses, and it will not generate housing units. Rezoning of this site to allow development as a church and school will not impact the City's ability to meet required housing targets mandated under the Growth Management Act (GMA). Therefore, the proposal will not impact CUfTent and projected population density in the area. 84. There will not be any adverse impacts upon any other aspect of the comprehensive plan as a result of the proposed change from industrial zoning to multifamily zoning, pursuant to an approved Concomitant Agreement and Development Agreement. The vision of the comprehensive plan is to provide a supply of land for such uses as services, employment, parking, open space, and housing, to meet future demand. The BP zone is that zone intended for industrial uses, including manufacturing and warehousing. One of the reasons that the July 2000 Market Analysis was prepared was to detennine whether the City has a 20-year supply of adequately zoned land to meet future demand. The Market Analysis concluded that there would be a low (11-13 percent) demand for BP-zoned land within the 20-year horizon. Therefore, changing the designation of this site from BP to multiple family will not affect the vision of the comprehensive plan of providing an adequate supply of land to meet future demand. 85. As described Findings 77 through 84 above, the requested comprehensive plan amendment and rezone as mitigated does not adversely impact the physical or natural environment; surrounding properties; the adequacy of community facilities; population; or the comprehensive plan; including the supply of and demand for BP-zoned property in the City. Therefore, the rezone is in the best interests of the residents of the City. 86. The City of Federal Way incorporated in February 1990. At that time, the parcels proposed for development by CFC had a mix of multi-family zoning on the west and light manufacturing zoning on the east. Upon incorporation, the City of Federal Way zoned the parcels Manufacturing Park (MP). This was changed to Business Park (BP) in 1995. Properties to the north across South 336th Street have developed as multi-family in recent years. However, very little BP zoned land has deyeloped in this area. Additionally, the July 2000 Market Study found that there would be only an 11 to 13 percent demand for BP-zoned land in the 2000 to 2020 period. As a result, rezoning this property is appropriate and in the public interest, to allow its development rather than remaining Christian Faith Center Files CP A99-0004, 02-1 02271-00-UP, 02-1 02272-00-SE Statement of Facts and Conclusions - Exhibit D to Adoption Ordinance Page 16 Yacant, while at the same time maintaining an adequate supply of industrial zoned property to meet the anticipated demand. 87. The criterion that the rezone will correct a zone classification or zone boundary that was inappropriate when established is not applicable. 88. The requested rezone £Tom BP to RM-3600 does not conflict with the vision of the comprehensive plan to accommodate industrial uses, such as warehousing and manufacturing, in BP zones located on both sides of SR-99 in the vicinity south of South 336th Street, with other BP nodes located around South 272nd Street and South 348th Street. As noted in Finding 84 above, the requested comprehensive plan change and rezone will not decrease the City's supply of BP-zoned property commensurate with the anticipated demand. Rezoning and development of the site pursuant to all applicable adopted City codes, policies, regulations, conditions of approval, and mitigation contained in the proposed Development Agreement, will ensure consistency with the comprehensive plan. 89. If the request is granted, use and development of the site must comply with all applicable provisions of this "chapter" (FWCC) and all applicable adopted regulations; Process IV conditions of approval; mitigation; and the FWCP. Furthermore, a comprehensive plan amendment from BP to multiple family and associated rezone is required for the property to be developed as a church and school. Therefore, the requested rezone, if approved and developed pursuant to all applicable adopted City codes, policies, regulations, conditions of approval, and mitigation contained in the proposed Development Agreement, will be consistent with the comprehensive plan and the "chapter". 90. The requested comprehensive plan amendment and rezone has been analyzed and determined to be consistent with the FWCC and adopted regulations; and the FWCP, and is therefore consistent with the public health, safety, and welfare. 91. Based on Findings 86 through 90, the criteria in FWCC Section 22-488(c)(1)a-e) are met. 92. The proposed development has been reviewed pursuant to all applicable provisions of this chapter (FWCC), and as proposed and as conditioned, it complies with this chapter in all respects. 93. The use of a Concomitant Agreement and Development Agreement enables the City to limit the use of the site to a church, school, and approved accessory uses. As described in Findings 77 through 84, the Development Agreement has been crafted to minimize adverse impacts on the deyeloped properties in the immediate vicinity. Examples include, but are not limited to, requiring a larger buffer along South 336th Street, limiting the enrollment of the school and Dominion College, and restricting the scheduling of activities, such as requiring school classes to be completed by 3:30 p.m. and not scheduling special events that add trips during peak hours of other uses. The site plan of the proposed project is designed to minimize all adverse impacts on the developed properties in the immediate vicinity of the subject property. 94. All public services and utilities are available and adequate to serve the proposed development. Lakehaven Utility District has provided Certificates of Water and Sewer Ayailability for the site, and will provide these services pursuant to developer extension agreements between the applicant and District. Fire and emergency medical services will be provided by the Federal Way Fire Department. A City-operated regional storm drainage detention pond located in the northwest portion of the site has been determined to have sufficient capacity to accommodate surface water Christian Faith Center Files CPA99-0004, 02-IO2271-00-UP, 02-IO2272-00-SE Statement of Facts and Conclusions - Exhibit 0 to Adoption Ordinance Page 17 drainage from the westerly sub-basin of the proposed deyelopment. The applicant will provide stonn drainage detention facilities for the easterly sub-basin on the site in accordance with the FWCC and Development Agreement. Surface water drainage mitigation contained in the Development Agreement provides a higher standard of water quality treatment for both the East and West Sub-basins on the site, and a higher standard of detention on the East Sub-basin, than would otherwise be required by code. The site plan is designed to minimize impacts upon public services and utilities. 95. Rezoning of this site from BP to multiple family has merit and value for the community as a whole because it will allow development of a site that has not yet been developed and may not develop under the current zoning based on the City's Market Analysis, it supports Growth Management Act goals and policies for urban development, and for the reasons stated in Finding 73. 96. The proposed comprehensive plan amendment has been analyzed and detennined to be consistent with the FWCC and FWCP, and therefore bears a substantial relationship to public health, safety, or welfare. 97. The requested comprehensive plan amendment, rezone, and development of the site as a church and school pursuant to the proposed Development Agreement, is expected to generate some benefits to the community, including employment opportunities, development of a previously undeveloped site, potential economic benefit to local shopping areas, restaurants, and hotels; and provision of social services such as food and clothing banks, and youth programs, and counseling programs, as discussed in Finding 73. Therefore, the proposed amendment is in the best interest of the residents of the City. 98. RCW Chapter 36.70A, the Growth Management Act, requires the City of Federal Way to adopt and implement a comprehensive plan and to amend it in a timely manner, but no more than once a year, except under certain circumstances. The City is responding to this mandate by updating the comprehensive plan. FWCP Page IV - 7 (Economic Development), recognizes that there has been no substantive BP development since the City's incorporation, which suggests the influence of market forces outside of the City limits, where cheaper land and established industrial parks act as a draw for prospective park development. Therefore, the change in comprehensive plan designation and zoning of this site from BP to multiple family will not reduce the supply of BP-zoned property below what is necessary, and will enable development consistent with the economic development vision in the plan. The proposal is consistent with FWCP Economic Development Policies EDPll, EDP22, and EDP23, related to bringing in new jobs to the community, developing cultural and recreational opportunities, and encouraging the development of new multi-purpose facilities in order to increase the number of visitors to Federal Way and resultant visitor spending. The proposed amendment is, therefore, consistent with the requirements of RCW 36.70A and with the portion of the City's adopted plan not affected by the amendment. 99. As addressed in the staff report, the proposed comprehensive plan amendment and rezone have been reviewed and detennined to be consistent with all applicable decisional criteria contained in the FWCC, and with the applicable goals and policies contained in the FWCP. 100. As addressed in the staff report, the Development Agreement and Development Plan have been reyiewed and detennined to be consistent with all applicable decisional criteria contained in the FWCC, and with the applicable goals and policies contained in the FWCP. K:\CFC\Documents\Findings - Exhibit D to Adoption Ordinance Christian Faith Center Files CPA99-0004, 02-IO2271-00-UP, 02-1O2272-00-SE Statement of Facts and Conclusions - Exhibit D to Adoption Ordinance Page 18