Ord 04-461
ORDINANCE NO. 04-461
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASIDNGTON, RELATING TO LAND USE,
ADOPTING AMENDMENTS TO THE CITY'S GROWTH
MANAGEMENT ACT COMPREHENSIVE PLAN AND ADOPTING
AMENDMENTS TO THE CITY'S ZONING MAP, CHANGING THE
COMPREHENSIVE PLAN DESIGNATION AND ZONING FOR 49.97
ACRES LOCATED SOUTH OF S. 336TH STREET BETWEEN PACIFIC
IDGHW A Y SOUTH AND INTERSTATE 5 FROM BUSINESS PARK (BP)
TO MULTIFAMILY RESIDENTIAL 3600 (RM 3600), AND ADOPTING
AN ASSOCIATED CONCOMITANT AND DEVELOPMENT
AGREEMENT AND DEVELOPMENT PLAN.
WHEREAS, the Growth Management Act of 1990, as amended, (Chapter 36.70A RCW or "GMA")
requires the City ofF ederal Way to adopt a comprehensive plan which includes a land use element (including a
land use map), housing element, capital facilities plan element, utilities element, and transportation element
(including transportation system map[s]); and
WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations
implementing its comprehensive plan; and
WHEREAS, the Federal Way City Council adopted its comprehensive plan with land use map (the
"Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the
Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map on
December 23, 1998, September 14, 2000, and November 1,2001; and March 27,2003; and
WHEREAS, under RCW 36.70A130, by December, 2004, all jurisdictions within Washington State
must take action to review and, if needed, revise its comprehensive plan and development regulations to ensure
that they comply with the GMA; and
WHEREAS, the City may consider Plan and development regulation amendments pursuant to Article
IX, Chapter 22 ofthe Federal Way City Code (FWCC); and
ORD # 04-461
, PAGE'l
WHEREAS, under RCW 36.70A.130, the Plan and development regulations are subject to continuing
review and evaluation, but the Plan may be amended no more than one time per year; and
WHEREAS, the Council shall be considering three separate actions to amend the Plan, all of which will
be acted upon simultaneously in order to comply with RCW 36.70A.130; and
WHEREAS, these actions include adoption of a Potential Annexation Area (P AA) Subarea Plan, which
will replace Chapter 8, Potential Annexation Areas of the Federal Way Comprehensive Plan and address
certain comprehensive plan text changes pertaining to the Community Business (BC) comprehensive plan
designation and zoning; and
WHEREAS, these actions include deletion of the planned extension ofWeyerhaeuser Way South, north
of South 320th Street, shown on Map ill-27B from the Comprehensive Plan and dèletion of this project from
Table ill-19 (Regional CIP Project List); and
WHEREAS, these actions include a change in comprehensive plan designation and zoning from
Business Park (BP) to Multifamily Residentia13600 (RM 3600) through adoption of an associated concomitant
and development agreement and development plan for 49.97 acres located south of S. 336th Street between
Pacific Highway South and Interstate 5, referred to herein as the Christian Faith Center Property; and
WHEREAS, in 2000, the City of Federal Way accepted requests for amendments to the text and maps of
the comprehensive plan and applications for site-specific changes to the Plan's land use map and the City's
zoning map, and considered amendments to the text and maps of the comprehensive plan and to the Plan's land
use map and the City's zoning map, including a request to change the Christian Faith Center Property from
Business Park (BP) to Multifamily Residential 3600 (RM 3600); and
WHEREAS, on July 4, 2001, the City SEP A Responsible Official issued a Determination of
Nonsignificance on the proposed Plan and zoning map amendment; and
WHEREAS, Pursuant to FWCC Section 22-1660, development agreements associated with a
comprehensive plan designation and related zoning change may be used at the City Council's discretion, where
ORD # 04-461
, PAGE 2
the project is larger in scope and has potentially larger impacts than normal, or where the City Council may
desire to place certain restrictions on the proposal; and
WHEREAS, A Concomitant Agreement and Development Agreement has been prepared for the
proposed project on the Christian Faith Center Property (the "Project") in order to fully address and mitigate all
identified impacts associated with the project, and the Concomitant Agreement allows for a rezone of the
property but limits the allowable use of the property to a church, a school, and accessory uses, and the
Agreement is accompanied by a Development Plan (Exhibit B to the Agreement) as required by FWCC Section
22-1669, and prepared in accordance with FWCC Section 22-1664; and
WHEREAS, Pursuant to the State Environmental Policy Act (SEP A), the City issued Draft and Final
Environmental Impact Statements (EIS) for the Project on November 18, 2003, and March 3, 2004, and EIS
Addenda on April 16, 2004 and May 21, 2004, and four public meetings were conducted during the
environmental review process for the proposed Project which 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; and
WHEREAS, the proposed Plan and zoning map changes address all of the goals and requirements set
forth in the GMA; and
WHEREAS, the proposed Concomitant and Development Agreement and Development Plan address all
of the goals and requirements set forth in the FWCC; and
WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council committees,
and full City Council has received, discussed, and considered the testimony, written comments, and material
from the public, as follows:
1.
The City's Planning Commission considered the request for amendment to the comprehensive
plan at public hearings held on July 18, 2001, August 15,2001, and September 19,2001, following which it
forwarded a recommendation to the City Council; and
ORD #04-461
, PAGE 3
2.
The Land Use and Transportation Committee of the Federal Way City Council considered the
proposed site-specific changes to the Plan's land use map and the City's zoning map on October 1,2001 at
which time it requested a development agreement and development plan be prepared for the Project; and
3.
The full City Council considered the proposed change to the Plan's land use map and the
City's zoning map and the associated Concomitant and Development Agreement and Development Plan on
May 24,2004, and June 15,2004; and
WHEREAS, the City Council desires to adopt the changes to the Plan's land use map and City's zoning
map and associated Concomitant and Development Agreement and Development Plan;
Now, THEREFORE, the City Council of the City of Federal Way, Washington, does hereby ordain as
follows:
Section 1. Findings and Conclusions.
A.
The proposed amendment to the comprehensive plan land use map, as set forth in Exhibit A
hereto, reflects new or updated information developed since the initial adoption of the comprehensive pIan. It
bears a substantial relationship to public health, safety, and welfare; is in the best interest of the residents of the
City; and is consistent with the requirements ofRCW 36.70A, the King County Countywide Planning Policies,
and the unamended portion of the Plan. The amendment, as mitigated, is compatible with adjacent land uses
and surrounding neighborhoods and will not negatively affect open space, streams, lakes or wetlands, or the
physical environment in general. It will allow for growth and development consistent with the Plan's overall
vision and with the Plan's land use element household and job projections, and/or will allow reasonable use of
property subject to constraints necessary to protect environmentally sensitive areas. It therefore bears a
substantial relationship to public health, safety, and welfare; is in the best interest of the residents ofthe City;
and is consistent with the requirements ofRCW 36.70A, the King County Countywide Planning Policies, and
the unamended portion of the Plan.
ORD # 04-461
, PAGE 4
B.
The proposed amendment to the Zoning Map, set forth in Exhibit B, attached hereto, adopted
pursuant to the concomitant agreement, is consistent with the applicable provisions of the comprehensive plan
and the comprehensive plan land use map proposed to be amended in Section 2 below, bears a substantial
relation to public health, safety, and welfare, and is in the best interest of the residents ofthe City.
c.
The Concomitant and Development Agreement and Development Plan, as set forth in Exhibit
C, attached hereto, is consistent with RCW 36.70B, RCW 43.2IC, and FWCC Chapter 22, Article XXI.
D.
Additional Findings and Conclusions are attached as Exhibit D and incorporated herein by this
reference as if set forth in full.
Section 2. Comprehensive Plan Amendments Adoption.
The 1995 City of Federal Way
comprehensive plan, as thereafter amended in 1998,2000,2001, and 2003, including its land use element map,
copies of which are on file with the Office of the City Clerk, hereby are and shall be amended as set forth in
Exhibit A attached hereto and is hereby incorporated by this reference as if set forth in full.
Section 3. Zoning Map Amendments Adoption. The 1996 City of Federal Way Official Zoning
Map, as thereafter amended in 1998, 2000, 2001, and 2003 is hereby amended as set forth in Exhibit B,
pursuant to the Concomitant and Development Agreement, and is hereby incorporated by this reference as if
set forth in full.
Section 4. Concomitant and Development Agreement and Development Plan Adoption. The
Concomitant and Development Agreement and Development Plan, attached as Exhibit C, is hereby adopted
and incorporated herein by this reference as if set forth in full.
Section 5. Amendment Authority. The adoption of Plan amendments is pursuant to the authority
granted by Chapters 36.70A and 35A.63 RCW, and pursuant to FWCC Section 22-541. The adoption of the
Concomitant and Development Agreement and Development Plan is pursuant to the authority granted by
Chapter 36.70B RCW and pursuant to FWCC Chapter 22, Article XXI.
ORD # 04-461 , PAGE 5
Section 6. Severability. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity
ofthe application thereofto any person or circumstance, shall not affect the validity of the remainder of the
ordinance, or the validity of its application to other persons or circumstances.
Section 7. Savings Clause. The 1995 City of Federal Way Comprehensive Plan, and 1996 Zoning
Map, as thereafter amended in 1998, 2000, 2001, and 2003 shall remain in full force and effect until the
amendments thereto become operative upon the effective date of this ordinance.
Section 8. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and afflDlled.
Section 9. Effective Date. This ordinance shall take effect and be in force five (5) days from and after
its passage, approval, and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
July ,2004.
20th
day of
CI1f~'F\DERAL WAY
(;
-M
APPROVED AS TO FORM:
f ~á. ~~
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No:
06/28/04
07/20/04
07/24/04
07/29/04
04-461
K: \CF C\Documents\Ad opti on Ordinan ce
ORD # 04-461
, PAGE 6
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EXMBIT C
•
CONCOMITANT AND DEVELOPMENT AGREEMENT AND DEVELOPMENT PLAN
ORD # , PAGE 9
0
a
CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY AND THE CHRISTIAN FAITH CENTER FOR
DEVELOPMENT OF CHURCH AND PRIVATE SCHOOL
JULY20, 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 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' 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 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 36.70B.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! 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 43.21 C RCW, "SEPA ") required for the project.
5. Vesting. City development regulations, as found in the Federal Way City Code (FWCC) or
otherwise legislatively adopted", 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. 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 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. 1 70(l).
3 RCW 36.70B. 170(3)(c).
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).
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 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 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 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 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 336'
Street a minimum of 50 feet. The property bordering South 336 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.
0 0
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 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 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 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 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 ParkingJSpecial Events Overflow parking shall be permitted
only pursuant to a parking plan approved by the Director of Public Works. CFC
0 0
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 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 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 (TMP) required by
9.4.12 and consistent with 9.1.4.4.
9.3 Construction Miti ag tion
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, confming
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 S 340 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 -1 . Traffic calming elements shall be
installed, including 2 speed humps, 1 crosswalk, bulb outs at the intersection of 18'
Avenue South and S 341' Street and 18 11, Avenue South and S 344` Street to narrow the
throat width of 18 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 340 Street from 16`'' Avenue S to 18 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
street trees, 6 foot sidewalk, and street lights. The improvements shall be tied into the
existing improvements to the west end of S 344 Street to the east side of the intersection
of S 344` Street and 16 Avenue 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 344 Street through the intersection of 16 Avenue S and
shall signalize the intersection of S 344"`/16' Ave S consistent with the attached Exhibit
GG = 3. CFC shall construct improvements 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 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
9.4.5 CFC shall perform a sight distance study, propose a conceptual intersection plan
for the intersection of 20 Avenue S at S 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 S 336 Street consistent with the
attached Exhibits G -5 and G -6 . The improvements shall be consistent with Type M street
between SR 99 and 20' 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. Improvements will be consistent with Type K street
between 20 Avenue S and I -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 336 Street at 20 Avenue S, 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 20 Avenue S for a distance of 225 feet (175 feet of storage
and 50 foot taper) to the North of the intersection of S 336 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. 336" Street to 20
Avenue S.
9.4.9 CFC shall construct traffic calming elements on 20 Avenue S from S 336`
Street to S 330` Street, including traffic circles at S 330 Street and S 332 Street and an
island diverter at S 336 Street to prevent northbound and southbound through
movements, and construct a sidewalk on the east side of 20 Avenue S from S 336th
0 9
Street to tie in to the existing sidewalk, consistent with the attached Exhibits G -7 and G-
8. 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 20 Avenue S in the existing location north of
S 336 Street and one located on S 336 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 Avenue S and S 336 Street,
SR 99 and S 324 Street, SR 99 and S 330 Street, SR 99 and S 336"' Street, SR 99 and S
340 Street, 16 Avenue S and S 340 Street, and SR 161 and S 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 N01100 Dollars
($350,000.00) to expand the City's existing project at the intersection of S 348 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 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 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:
o S 348 Street: 9 Ave S — SR 99: $60,500
o S 356 St: 0 Ave S — SR 99: $50,200
o S 348"' St @ ls` Ave S: $13,100
o S 336 St @ l Way S: $3000
o 12 Ave SW/ SW 344 St Extension: SW Campus Dr— 21S` Ave SW: $38,700
o I` Ave S: S 320 St — S 330 St: $7600
o 21S` Ave SW Extension: SW 356 St — 22n Ave SW: $2800
o SR 18 @ SR 161: $24,800
o S 336 St @ 9 Ave S: $1100
o S 320' St @ I -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 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 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
• •
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 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.
10
• •
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.
IM
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 -.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
MIA
Date:
David H. Moseley, City Manager
CHRISTIAN FAITH CENTER,
a Washington nonprofit corporation
mm
Casey Treat, President
Date:
ATTEST: This day of , 2004.
N. Christine Green, CMC
Federal Way City Clerk
Approved as to Form
for City of Federal Way:
City Attorney, Patricia A. Richardson
Approved as to Form
for Christian Faith Center:
Brian Lawler
Lawler Burroughs & Baker, PC
12
STATE OF WASHINGTON
COUNTY OF KING
)ss.
0
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 day of , 2004.
(notary signature)
(typed/printed name of notary)
Notary Public in and for the State
of Washington.
My commission expires:
K: \CFC \documents \cfcdevagr072004
13
u
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.
0 •
1ORM
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
CHRISTIAN FAITH CENTER
DEVELOPMENT PLAN
NATIVE GROWTH
ovnrcrricim rOA!`T
CJ
EXHIBIT C
•
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
LIST OF PERMITTED ACCESSORY USES
Christian Faith Center - Chart of Uses
Sanctuary /School Auditorium (Includes Stage) 4,500 Seats 42,586.43
Multi- purpose rooms 8,817.94
Bookstore with Caf6 3,702.16
Youth Church (Multi - purpose rooms /chapel) 14,0
Children's Church ( Chapels, classrooms) 33,054 - 15,489.99
Daycare = 17,563.60
Music Area - Choir Room (Room behind stage) 1,772.37
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.) 60,292.97
Dominion College (Classrooms, offices) 2,581.72
1 st Floor Sub -total 166,903 00
Dominion College (Future multi - purpose rooms, classrooms, library and staff offices)
Administrative Offices
Other Areas (Storage facilities, Hallways, Bathrooms, etc.)
2nd Floor Sub -total
Grand Total
21,062.82
18,288.96
12,245.22
51,597.00
218,500.00
Christian Faith School (Private School) 900 Students 101,526.00
Sub -total 101,526.00
Total 101,526.00
EXHIBIT D
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
SETTLEMENT AGREEMENT
19
..v V4,
_ SETTLEMENT AGREEMENT
THIS AGREEMENT ("Agreement") made this day of 6f� r qqt- ,
19A 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 195 -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.
COO P c
1
J: \C06125 \H15005 \00029307.3 ORIGIN
i
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 water retention /detention on those portions of the
Property which naturally drain to the Easement Area. FWIP'S right
to 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 shat7pay.allcosts "urelated tom obtaining °
,approXal for and ` developing' -the 'Easemenfi Area, as a storm water
- 3 -
J: \W6125 \H15005 \00029307.3
e est =prshall =be�TMreasonabie - � °in = comparison "� to-= other;.smlar;, =.
-�,:- -
proposals, such that the request is- mot used - to circumvent -.the _
spirit of this provision.-
il. CITY staff will support a proposal through lot line
amination to combine lot 2 and lot 3 of the short plat recorded
Oder King County Auditor 18110300869:so as to be considered as one
;1) lot for development purposes.
2
-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 18110300869:to_ allow development
of building improvements -on said lot due to the limitations on the
ability ; to -combine lot 4-:with other ..lots.�of - -the. plat.
14. CITY staff will support parking lot improvements in the
Portion of the Wetland Buffer Area south -:of the roadway of lot 2 o
the short plat recorded under Auditor .18110300869..with appropriate
'mitigation costs, pursuant to City codes, to be provided by FWIP.
5 -
J:XC06125VH15005 \00029307.3
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 additional
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: \C06125 \N15005 \00029307.3
, INC., - . a Washington corporation, who executed the foregoing
.ument, and acknowledged the said instrument to be the free and
ntary act and deed of said corporation, for the uses and
joses therein mentioned, and on oath stated that he was
.horized to execute the said instrument and that the seal affixed
the corporate seal of said corporation.
Witn�q�,T hand and official seal hereto affixed the day and
year fix written.
00 f"i"r'.. "�.' NOTARY PUBLIC in and f the State of
i Washington, residing at _
��j +�. -�►a� My appointment expires on (-
STATE OF WASHINGTON )
- }Ct N(-,,- ) ss.
COUNTY OF - PTEReR )
On this oA3ryk day of FED b ^oa( , 19 before me, the
undersigned, a Notary Public in and f the State of Washin ton
duly commissioned and sworn, personally appeared e.-9he`A E. / T � ber
to me known to be the ai4-,A �'�,�a of the CITY of
FEDERAL WAY, a municipal corporation, 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
year first. %*d M% �1 written.
OP ririU e
ZiOTAIgy
STATE OF W t A - I`IdG
official seal hereto affixed the day and
NOTARY PUBLIC in and f t
Washington, residing at
My appointment expires on /—
) ss.
COUNTY OF PIERCE �/ Z )
St ,4te o
On this day of f 8V _ _ Ul 19 t 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 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
9
J:\C06125\M15005\00029307.3
FILED FOR RECORD AT REQUEST OF:
federal Way Industrial Park
(Applicant's Name)
HAIL TO:
CITY OF FEDERAL WAY
33530 1st Way South
FEDERAL WAY, WA 98003
ATTN: Londi K. Lindell
THIS SPACE RESERVED FOR
RECORDER'S USE:
PERKMENT/EXCLUSIVE EASEMENT
For and in consideration of One Dollar ($1.00) and other valuable. consideration, the receipt of which is hereby
acknowledged, Federal Way Industrial Park'("FWIP"), a Uashington corporation ( "Grantor "), grants, conveys and
Warrants to the CITY OF FEDERAL WAY, a Washington municipal corporation ( "Grantee ") for the purposes hereinafter
set forth a perpetual, exclusive and permanent casement under, across and over certain real property (the
"Property") located in Federal Way, Washington, legally described as follows:
Legal Description of Property. attached hereto as- Exhibit !'A'} and incorporated herein by this
reference.
Except as may be otherwise set forth herein, Grantee's. rights shall be exercised upon that portion of- the
Property ( "Easement ") legally described as follows:.
Legal Description of Easement attached hereto as Exhibit_"13" and incorporated herein by.this
reference.
I. :Purpose. 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 upon
and/or. under the Easement, together with all appurtenances thereto, including without limitation, outlet
structures, control structures, pipes, catchbasins, manholes retention and detention facilities, ponds,
biofiltration swates, water quality treatment - facilities, vaults and ditches ( "Facilities "). Following the
initial construction of the Facilities, Grantee may from time to time construct such additional facilities or
improvements as it may require. Grantee shalt have the right to flood the Easement, In addition to the
foregoing, Grantee shall have the right to engage in any and at( activities if Grantee owned fee title to
the Easement.
2. - Access. If reasonable access to the Easement is not otherwise available, Grantee shall have 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 vegetation, 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 comply with City code requirements
for open space, greenbelt or maximum tot coverage; provided, however, that such right does not include complying
with the City's landscape code or other code requirements. Grantor may install, at its expense and in
compliance with all applicable taws, such facilities as are reasonably necessary to provide for direct 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 maximum lot coverage shall not entitle
Grantor to enter upon or disturb the Easement for any reason. Except as necessary to provide drainage
facilities from the Property to the Easement, Grantor shalt not perform digging, tunnelling or other form of
construction activity on the Property, which would disturb the compaction or unearth the facilities on the
Easement, or endanger the lateral support to the Facilities. Grantor shalt 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 may construct a road and connect
to existing utilities in said area, if done in carpiiance with applicable codes.
J :\C06125\M15005 \00029453.112
• • « .. « . r
5. [.ndetmificaton. Grantor agrees to waive any and alt claims relating to any damage to the e ase t'
includl' Ahose` men
resulting from surface water flooding and further to indemnify and hold Grantee, its elected
officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, tosses,
actions and liabilities (including costs and all attorney fees) to or by any and al( persons or entities,
Including, without limitation, their respective agents, licensees, or representatives, arising from, resulting
from, or connected with Grantor or Grantor's agents', employees', or invitees' negligent actions.
6. Successors and Assigns:` The rights and obligations of the parties shah inure to the benefit of and be
binding upon their respective successors -in interest, heirs and assigns; provided, however, that Grantor's right
to discharge storm.water to the Easement shall be limited to waters which currently naturally drain to the
Easement and shat( only apply to the initial development of the Property and not to any redevelopment of the
roperty. l such redevelopment will be required to comply with all applicable laws and codes. "Initial
development" shall mean the initial development of each phase of al( of the Property.
T. No Enicu*rances. Grantor shalt maintain the Easement free of at( encuobrances and defects and is prohibited
from recording or taking any action which results in .the recording of any lien, encuii�rance or other defect
against the Easement.
DATED THIS day of
GRANTOR
1996.
GRANTEE
FEDERAL WAY INDUSTRIAL PARK
By:
Its:
WEYERHAEUSER COMPANY
By:
Helmut Wallenfels
Its: Senior Legal Counsel
CITY Of FEDERAL WAY
By:
Kenneth E. Nyberg
Its: City Manager
APPROVED AS TO FORK:
Londi K. Lindell, City Attorney
J:\C06125kM15005 \00029453_!!2
STATE OF WASHINGTON )
sa.
COUNTY OF )
On this day of , 1996, before me, the undersigned, a Notary Public in and for the
State of Washington, duty commissioned and sworn, personalty appeared ,
to me known to be the of FEDERAL WAY INDUSTRIAL PARK, INC., the corporation 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 seat affixed, if any, is the corporate seal of said corporation.
WITNESS my hand and official seat hereto affixed the day and year first above written.
(typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires:
STATE OF WASHINGTON )
ss.
COUNTY OF )
On this day of , 1996, before me, the undersigned, a Notary Public in and for the
State of Washington, duty commissioned and sworn, personally appeared Kenneth E. Nyberg, to me known to be the
City Manager of the City of Federal Way, a Washington municipal corporation, the corporation 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 was authorized to execute
said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
(typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires:
STATE OF WASHINGTON )
ss.
COUNTY OF )
On this day of- , 1996, before me, the undersigned, a Notary Public- in and for the
State of Washington, duty commissioned and sworn, personally appeared Helmut Wallenfels, to me known to be the
Senior Legal Counsel of WEYERHAEUSER COMPANY, the corporation 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 was authorized to execute said .instrument and that
the seat affixed, if any, is the corporate seat of said corporation.
WITNESS my hand and official seal hereto affixed the day and year first above written.
( typed/printed name of notary)
Notary Public in and for the State of Washington.
My comission expires:
J:\C06125 \H15005\00029b53.it2
EXHIBIT "A" TO
PERMANENT /EXCLUSIVE EASEMENT
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 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.
northwest quarter;
thence south 89 0 .13 1 33" east along the north line of said northwest
quarter of the northwest quarter a distance of 261.26. feet,
thence south 00 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 0 14 1 39" west a distance of..S46- 02.feet;
thence south 89 °13 east a distance of 399.45 feet;
thence north 00 0 14`39" east- a distance of S46 -02 feet to the said
south right of way margin of South 336th Street;
thence north 89 west along said south right. of way margin a
distance of 399.44 feet to the TRUE POINT OF BEGINNING.
PARCEL D:
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 fnl,lnw.-
Commencing at the northwest corner of said northwest quarter of the
northwest quarter;
thence south 89 °13 seconds east along the north line of said
northwest quarter of the northwest quarter a distance of 813.80 feet;
thence south 00 0 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 0 14 1 58" west a distance of 670.67 feet;
thence north 89 0 16`45" west a distance of 153.10 feet;
thence north 00 0 14'39" east a distance of 670.81 feet to the said
south right of way margin of South 336th Street;
thence south 89 0 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 Ntimber P,G09030322.
EIHIBIT "A" TO
PERMANENT /EXCLUSIVE EASEMENT
['g: l of i
LEGAL DESCRIPTIC
PROPOSED EASEMENT ACQUISITIONS ON
STRANICK- JOHNSON 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.U, in King County, Washington.
Being described as follows:
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 having 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.
.E%HIBIT "B" TO
PERMANENT /EXCLUSIVE EASEMENT
Pg. 1 of 8
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. LEGAL DESCRTPTT(
PROPOSED EASEMENT ACQUISITIONS- ON
STRANXCK JOHNSON PARCEL NO. 211144 -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:
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
Pg. 3 of 8
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LEGAL DESCRIPT.._N
PROPOSED EASEMENT ACQUISITIONS ON
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 ;d
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 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 and the TRUE POINT OF BEGINNINQ
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.
E%IIIBIT "B" TO
PERMANENT /EKCLQSIVE EASEMENT
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LEGAL DESCRTPT>L, `. • -:
PROPOSED EASEMENT ACQU STTxONS ON
STRRANICK 1011 ISON 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
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 261.26 feet;
thence south 00° 14'39" west a distance of 30.00 feet to the south tight 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 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 East, W.U, in King County, Washington,
described as follows:
Commencing at the northwest coiner 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 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.
E%HIBIT "B" TO
PERMANENT /EKCLUSIVE EASEMENT
Pg. 7 of 8
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LEGAL DESCRIPTION
WETLAND AND SETBACK
STRANICK- JOHNSON 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 corner 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 0 15'37" west a distance of 39.29 feet;
thence south 40 0 11'22" west a distance of 50.40 feet;
thence south 49 0 02'32" west a distance of 84.35 feet;
thence south 67 °33'51" west a distance of 26.93 feet;
thence south. 45 0 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 curve to the right, with a central angle
of 05 0 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 curve 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 88 °15'52" east a distance of 259.45 feet-to the'TRUE
POINT OF BEGINNING .
Containing an area of 0.864 acres.
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fwld9084.wp5
EXHIBIT "II" To
Pg. L of g SETTLEMENT AGREEMENT
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SETTLEMENT Avcv:a;MENy
LEGAL DESCRIPTION
WETLAND AND SETBACK
STRANICK- JOHNSON 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 corner 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 0 15'37" west a distance of 39.29 feet;
thence south 40 0 11'22" west a distance of 50.40 feet;
thence south 49 0 02'32" west a distance of 84.35 feet;
thence south 67 °33'51" west a distance of 26.93 feet;
thence south. 45 0 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 curve to the right, with a central angle
of 05 0 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 curve 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 88 °15'52" east a distance of 259.45 feet-to the'TRUE
POINT OF BEGINNING .
Containing an area of 0.864 acres.
Y t °C t •"
fwld9084.wp5
EXHIBIT "II" To
Pg. L of g SETTLEMENT AGREEMENT
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LEGAL DESCRIPTION
WETLAND AND SETBACK
STRANICK- JOHNSON PARCEL NO. 212104 -9026
That part of Lot 4 of King County Short Plat No. 281074 according to short plat recorded
under King County Recording_ Number 8110300869, being a portion of the northwest quarter
of the northwest quarter of Section 21, Township 21 North, Range 4 East, W.M., in King
County, Washington.
Being described as follows:
Commencing at the northwest corner 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 Lot 4,-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 fight, with a central angle of 38 ° 16'07 0 ', an arc
length of 66.79 feet,
thence north 45 9 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:`.; art 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
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LEGAL DESCRIPTION
WETLAND AND SETBACK
STRANICK- JOHNSON PARCEL NO. 212104 -9067
That portion of the northwest quarter of the northwest quarter of Section 21, Township 21
North, Range 4 East, W.M., in King County, Washington, described as follows:
Commencing at the northwest corner of said northwest quarter of the northwest quarter,
thence south 89 0 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 0 13'33"
west along said south right of way margin a distance of 27.58 feet to
the TRUE POINT OF BEGINNING;
thence south 12 0 03'08"
east a distance of 40.46 feet
thence south 07 °31' 30"
west a distance of 41.08 feet
thence south 04
west a distance of 57.84 feet
thence south 10 0 37'22"
west a distance of 52.16 feet
thence south 16 °21'59"
west a distance of 56.28 feet
west a distance of 43.83 feet
west a distance of 14.53 feet
west a distance of 38.28 feet
west a distance of 37.77 feet
west a distance of 41.88 feet
west a distance of 91.29 feet
west a distance of 32.34 feet
thence south 19 ° 31'25" west a distance of 20.75 feet
thence north 00 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 BEGINNING,
EXCEPT that portion deeded to King County for South 336th Street under Recording
Number 8609030322.
thence south 10 0 58'46"
thence south 23 °54'07"
thence south 07 11'32"
thence south 21 0 58'46"
thence south 08 °31'59"
thence south' 24 °20' 3 9"
thence south 31 °04'46"
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 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;
EXHIBIT "II" TO
SETTLEMENT, AGREEMENT
Pg. 5 of 9
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thence south 00 ° 14'58" west a distance of 30.00 feet to the south right of way margin of
South 336th Street an d the TRUE POINT OF BEGINNING;
thence continuing south 00 °14'58" west a distance of 670.67 feet;
thence north 89 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.
Containing an area of 2.313 acres.
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Pg_ G of 9 SETTLEMENT AGREEMENT
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LEGAL DESCRIPTION
WETLAND AND SETBACK
STRANICK- JOHNSON PARCEL NO. 212104 -9069
That portion of the northwest quarter of the northwest quarter of Section 21, Township 21
North, Range 4 East, W.M., in King County, Washington, described as follows:
Commencing at the northwest corner of said northwest quarter of the northwest quarter,
thence south 89 east along the north line of said northwest quarter of the northwest
quarter a distance of 261.26 feet,
thence south 00 °14'39" west a distance of 30.00 feet to the south right of way margin of
South 336th Street and the TRUE POINT OF BEGINNING.
thence continuing south 00 °14'39" west a distance of 546.02 feet,
thence south 89 °13'33" east a distance of 399.45 feet;
thence north 00 °14'39" east a distance of 546.02 feet to the said south right of way margin of
South 336th Street;
thence north 89 °13'33" west along said south right of way margin a distance of 399.44 feet to
the'TRUE POINT OF BEGINNING.
Containing an area of 5.007 acres.
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EXHIBIT E
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
JUNE 12, 2003 PARKING LETTER
20
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CITY OFr
CITY HALL
33530 1st Way South
PO Box 9718
June 12, 2003
Gil Hulsmann
Abbey Road Group, LLC
PO Box 207
Puyallup, WA 98371
E
(253) 661 -4000
Federal Way, WA 98063 -9718
FILE COPY.
RE; Christian Faith Center (City File No. 02- 102271-UP)
Your request dated 518103 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 overhang
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 permitted 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 S -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, AICP
Senior Planner
c: Kathy Hcdurv, owector of commurMy oevelopment Services
Cary Roe, Dvector of Public Works
Kerr Miller, Deputy Director Of Pubk Works
Greg Few , Deputy Di(WOr Of Community Development Services
Jim Femlirrg, Development services Manager
Doc [.O. 23481
EXHIBIT F
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
CONCEPTUAL FLOOR PLAN
21
EXHIBIT F -1
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
CONCEPTUAL SANCTUARY BUILDING FIRST FLOOR PLAN
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EXHIBIT F -2
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
AS OF: I
CONCEPTUAL SANCTUARY BUILDING SECOND FLOOR PLAN
0
EXHIBIT F -3
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
CONCEPTUAL SCHOOL BUILDING FIRST FLOOR PLAN
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AS OF: MAY 10, 20(
CONCEPTUAL SCHOOL BUILDING FIRST FLOOR PLAN
•
EXHIBIT G
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TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
SECTION 9.4 TRAFFIC PLANS
G -1
18 Ave S
G -2
S 344' from 16" to 18'
G -3
34 th /16 th
G -4
SR 99/S 344
G -5
336 from Hwy 99 to 20
G -6
336' from 20 to I -5
G -7
20 Ave /336
G -8
20 Avenue S traffic calming
9
EXHIBIT G -1
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
23 5' 12 m i m 12' 11 5' 1 2, '
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WEST SECTION R (MODIFIED) EAST
N.T.S.
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UTILITIES WILL REMAIN ABOVE GROUND.
AS OF: July 8, 2004
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18TH PLACE SOUTH IMPROVEMENTS
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EXHIBIT G -2
TO CONCOMITANT AGREEMENT
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DEVELOPMENT AGREEMENT
SOUTH 344 STREET IMPROVEMENTS
16 AVENUE SOUTH TO 18 PLACE SOUTH
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NOTE:
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UTILITIES TO REMAIN ABOVE GROUND_
SECTION R
AS OF: MAY 10. 2004 N.T. S .
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EXHIBIT G -3
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
16 AVENUE SOUTH AND
SOUTH 344 STREET INTERSECTION
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EXHIBIT G -4
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
SOUTH 344 STREET AND
HWY. 99 INTERSECTION
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NOTE: !
INTERSECTION TO
BE SIGNALIZED
SOUTH 344TH STREET
AS OF: MAY 10, 2004
0
EXHIBIT G -5
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
SOUTH 336 STREET IMPROVEMENTS
HWY. 99 TO 20' AVENUE SOUTH
35'
NORTH
NOTE:
PLANTER AND UTILITY STRIP MAYBE MODIFIED AT WEST
HYLEBOS CULVERT CROSSING(S) TO PROTECT WETLAND
AND WETLAND BUFFER. SECT_ ION M
AS OF: MAY 10, 2004 N.T.S.
SOUTH
4' 12 12 12' 6' g 3'
Asphalt Planter Sidewalk Util.
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9
EXHIBIT G -6
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
SOUTH 336 STREET IMPROVEMENTS
20 AVENUE SOUTH INTERSTATE -5
5' 11' 12'
X
39'
NORTH
11'
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
AS OF: MAY 10, 2004 N.T.S.
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EXHIBIT G-7
TO CONCOMITANT AGREEMENT
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20' AVENUE SOUTH AND
SOUTH 336 STREET INTERSECTION
TO "STING SIDEWALK EXTENDPROPOSED, SIDEWALK TO
......... EXISTING SIDEWALK
NOTE: i DIVERTER ISLAND
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EXHIBIT G -8
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
TRAFFIC CALMING PLANTER
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EXHIBIT H
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
PROCESS IV HEARING EXAMINER DECISION
23
CITY OF(
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CITY HALL
33530 1 st Way South
PO Box 9718
Gil Hulsmann
Abbey Road Group, LLC
PO sox 207
Puyallup, WA 98372
April 23, 2004
(253) 661 -4000
Federal Way, WA 98063 -9718
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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 the City of federal Way Hearing Examiner
relating to the above - entitled case.
Very truly yours,
E AUSSE ,
HEARING EXAMINER
SKC/klb
CC: All parties of record
City of Federal Way
C
Page - 1
CITY OF FEDERAL WAY
6�
R 2 3 2004
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF:
PROCESS IV REQUEST ENVIRONMENTALLY
SENSITIVE AREA INTRUSIONS
CHRISTIAN FAITH CENTER.
FWHE# 04 -03
FW# 02 -1- 2271 -00 -UP
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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 11" wetland on the site; 3) displace a portion of a
wetland /stream buffer to accommodate an access road; and 4) intrude into wetland buffers
for street improvements, including pavement -widening, retaining wall, and extending storm
pipes and stream culverts.
II. PROCEDURAL INFORMATION
Hearing Date: April 20, 2004
Decision Date: April 23, 2004
At the hearing the following presented testimony and evidence:
1. Lori Michaelson, Senior Planner,. City of Federal Way
2. Gil Hulsman, 923 Shaw Road, Suite A, Puyallup, WA 98372
3. Garet Monger, 518 N. 59"', Seattle, WA 98103
4. Marie Adair, 28811 19' Ave. S., Federal Way, WA 98003
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
Staff Report with all attachments
1 -E. Addendum to Environmental Impact Statement (1E) (4/16/04)
1 -F. Letters from Public (Beginning w /Derek Dexheimen) (1F) (4/16/04)
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2. Power Point Presentation (Hard Copy) — Process IV Public Hearing
3. Christian Faith Centers — Wetland Areas Chart
4. Statement from Virginia Marquart
5. Marie Adair Statement
Ill. 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 in 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] ip interest in a generally rectangular, 46.58 -
acre parcel of unimproved, mostly forested property located east of Pacific Highway
South and west of Interstate 5 between South 336 ' Street and South 341 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 Ill wetland
and its buffer; create additional wetlands and buffers in and adjacent to an on -site
Category II 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
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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 336' 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 ~3 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, a Hylebos Creek tributary flows into the wetland from beneath
South 336' 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
wetland has low habitat value due to its size, lack of plant diversity, isolation, and
lack of open water during the summer months.
11. Wetland "B ", 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 II Palustrine Forested wetland
which requires a 100 -foot wide buffer. The Hylebos tributary provides hydrology for
the wetland as it flows into said wetland through two culverts beneath South 336"'
Street. Sewer line construction previously disturbed the wetland and buffer. The
site plan shows the wetland surrounded by a 100 -foot wide buffer with the exception
of the north portion adjacent to South 336"' Street.
12. 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 Highway South. 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 "B" adjacent to South 336"
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).
13. 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 approval.to 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:
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A. 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.
C. Filling the wetland and buffet 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
O. Filling will not lead to unstable earth conditions or create erosion hazards.
Wetland "C" is not 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
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.
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.
15. 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 -1359 F'WCC. 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 quality.
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
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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 to fulfill the project.
16. Prior to eliminating a portion of Wetland "A "'s 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
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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 capabilities of the buffer.
D. Construction will not lead to unstable earth conditions nor create erosion
hazards. 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 not 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.
17. As previously found, depending on the City Council's requirements for street
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improvements on South 336 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 "B ". 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 336"' 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 336' Street have been
previously disturbed by construction of existing street and drainage improvements
but have revegetated over time. As previously noted, a sewer line was constructed
within Wetland "B ". 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 336t
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
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criteria are hereby made as follows:
A. 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 habitat. 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 ail, 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 note generate demand on streets and utilities.
Approval of the Process IV request will authorize street frontage
improvements within the South 336"' 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.
20. 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
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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. The Hearing. Examiner has jurisdiction to consider and decide the issues presented
by this request.
2. 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 an8 of the Federal Way Comprehensive
Plan.
3. 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
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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 "B" 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 "B" buffer boundary, delineated
pursuant to Condition #1 above. 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.
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6. As required by the Director of Public Works, grading and clearing activities
in the Wetland "B" mitigation area (excluding installation of planting and an
irrigation system) shall be prohibited between October V and April 30"'.
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 o wetland and additional buffer area in an and
adjacent to Wetland "B "; 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.
CZ—
DATED THIS 2� DAY OF --/ ' 2004.
ST`EKiEN K.'CAUSSEAUX, JR. "
Hearing Examiner
TRANSMITTED THIS DAY OF
2004, to the following;
APPLICANT /AGENT Gil Hulsmann
Abbey Road Group, LLC
PO Box 207
Puyallup, WA 98372
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Page - 14
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OWNER(S) Christian Faith Center
PO Box 9860
Seattle, WA 98198
Bob Loomis Carl Jones
2101 S. 324 St., SP 205B Belmor Park
Federal.Way, WA 98003 2101 S 324 St., SP333
Federal Way, WA 98003
R.D. Pearson Jack Tylare
2101 S. 324' St., #303 2101 S. 324 St., #10
Federal Way, WA 98003 Federal Way, WA 98003
Barry Turnbull
Shirley Fulbraa
3335520S.
3335720S.
Federal Way, WA 98003
Federal Way, WA 98003
Phyllis L. Bowman
Tom Rolph
32820 20"' Ave. S., #25
1860 S. 336 "' St.
Federal Way, WA 98003 -9429
Federal Way, WA 98003
Marie Adair
Juliet Sykes
28811 19 0 ' Ave. S.
402 S. 333` St., Suite #100
Federal Way, WA 98003
Federal Way WA 98003
Dr. Patricia Mail
Virginia Marquart
35214 — 28"' Ave. S.
29009 22n Ave. S.
Federal Way, WA 98003
Federal Way, WA 98003
Paul Ouellette
John C. Brownson
1918 Rolling Hills SE
2101 S. 324' St., #117
Renton, WA 98055
Federal Way, WA 98003
Rik Newell Robert Roper
2101 S. 324"' St., #137 525 SW 312"' St.
Federal Way, WA '98003 Federal Way, WA 98003
Joann Piquette Ted W. Wilson
L
t
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Page - 15
302 S. 295"' Pl.
Federal Way, WA 98003
is
824 S. Marine Hills Way
Federal Way, WA .98003
Margaret Nelson John Kanto
32904 4"' Ave. SW 1824 S. 344 St.
Federal Way, WA 98023 Federal Way, WA 98003
City of Federal Way
c/o Chris Green
P.O. Box 9718
Federal Way, WA 98063 -9718
PROCESS 1V
Rights to Appeal
Decisions of the hearing Examiner may be appealed by any person who is to receive a
copy of that decision under FWCC 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
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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.
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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 (I -5) between South 336'
Street and South 341 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.
The applicant has submitted requests for approval of a comprehensive plan amendment and rezone,
with an associated development agreement and development plan to allow development of the site
into a 218,500 square -foot church, 101,526 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, "Development 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.
S. 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 Determination, 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 normal, 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 normally 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 vest 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 development 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 surrounding areas.
15. The project will provide a "front yard" setback from South 336 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 336"' Street for the church building than would be required by FWCC Sections
22 -671 and 22 -674, which allows additional landscape screening against South 336' Street and
residential zoning districts to the north of the site. In addition, pursuant to code- required parking
setbacks and design guidelines, a 15 -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.
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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 elevation (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 Stormwater 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 stonnwater 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 Stormwater 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 stormwater 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 336 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
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property lines associated with the school. These provisions are consistent with the FWCC, and also
provide 20 feet of additional landscaping along South 336"` Street than required by code. A 50 foot
vegetated landscape buffer along South 336"' 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 NEG1, NEG2, NEG3, NEG10, NEP1, NEP2, NEP7, NEP 10, NEP18, 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 determined 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 Availability 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 storm drainage detention pond located in the northwest
portion of the site has been determined 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 336` Street, SR 99 (Pacific
Highway South), South 341 Place, and the planned extension of 2& 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 336' Street is classified as a minor arterial, as shown in FWCP Map III -5. FWCP Map III -6
classifies South 336 Street as a Type K street. FWCP Map III -19 was revised to relocate the
segment of a bicycle route on South 336 Street between 13 Place South and 20 Avenue South to
South 330 Street. Therefore, a Type K street is no longer applicable to South , 336 t ' Street west of
20"' Avenue South; a Type M street is now the appropriate standard. Existing improvements on the
frontage consist of 36 to 54 feet of pavement with intermittent 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.
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28. SR 99 (Pacific Highway South) is classified as a principal arterial, as shown in FWCP Map III -5.
FWCP Map III -6 classifies SR 99 as a Type A street. SR 99 is currently under construction to
provide full standard improvements, and all necessary right -of -way has been acquired.
29. Twentieth Avenue South is classified as a minor collector, as shown in FWCP Map III -5. FWCP
Map III -6 classifies 2& 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 improvements.
30. South 341" Place is classified as a minor collector, as shown in FWCP Map III -5. FWCP Map RI-6
classifies South 341 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" Place are waived because the
improvements are already in place.
31. Pursuant to FWCC Section 22- 1474(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 level
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 20` Avenue South, and the driveway onto South 336 Street, which were
assumed to be three -lane driveways.
33. Pursuant to FWCC Section 22- 1543(a), South 336 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 336 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 20 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 336 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, 6 11 edition, the motel is estimated to generate
four trips the morning, evening, and Saturday peak hours, and three trips during the Sunday peak
hour; therefore, although this access does not meet spacing standards, it has a low probability of
creating a significant safety issue. City staff will monitor.
34. Pursuant to FWCC Section 22- 1543(a), SR 99 has an access classification of one, which, due to its
status as a state highway, must meet the Washington State Department of Transportation (WSDOT)
standard of 250 feet. Left -turn in access would best be allowed at a spacing of 330 feet, and full
access is permitted only at signalized intersections. However, FWCC Section 22- 1543(c) limits
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access to one per 330 feet of frontage. The site has approximately 534 feet of frontage; therefore,
only one access point would be permitted. The project proposes to provide a right - in/right -out
access 749 feet south of South 336 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 20` 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' 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 341" Place. However, the creation of the intersection of 20 Avenue South
and South 341" Place creates access spacing issues with an existing driveway at the intersection of
21 Avenue South and South 341" Place. As part of engineering plan review, the applicant will
provide plans that provide adequate intersection sight distance, geometrics, 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 VI.D.4.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 336 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 336 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 2e Avenue South during the morning, and Sunday between service
peaks; at the north central driveway on southbound 20"' Avenue South during the morning,
afternoon, Sunday between service, and Sunday after service peaks; at the south central driveway
on northbound 20"' Avenue South during the morning, and Sunday between service peaks; at the
south central driveway on southbound 20' Avenue South during the Sunday between service peak;
at the south driveway on southbound 20 Avenue South during the Sunday between service and
after service peaks; and at the south driveway on northbound 20` Avenue South during the Sunday
between service peak. Since left -turn lanes are warranted at each driveway, the applicant will stripe
20`'' Avenue 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 will have no classes scheduled
between noon and 6:30 pm; and special events will be reviewed on a case -by -case basis pursuant to
the TMP and should be scheduled to not add trips during peak hours of other uses, or conversely,
other uses should be canceled to accommodate the special events. Should a modification of this
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schedule of activities, which was submitted for review in the EIS, be required, the Agreement
specifies the applicable code process to use.
41. The intersection of SR 99 at South 312' Street would fail the adopted Level of Service (LOS)
standards in 2007 with or without Christian Faith Center (CFC). 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 320' . Street and 23
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 X. (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 X,,, the volume /capacity ratio is 0.91
during the 2007 evening peak hour and 0.94 during the Sunday peak hour. Given that using X. is
consistent with FWCP Policy TP16, and the high cost to mitigate relative to the impact, no
mitigation will be required at this intersection.
43. The intersection of South 336"' Street at 0 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 le Avenue South at South 341 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 16
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 le Avenue South and South
341 Place. One assumes that the capacity restriction will resolve itself by drivers rerouting to avoid
making the left -turn from westbound South 341' Place to southbound 16` Avenue South, by
rerouting to South 336' 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 Place and
South 344` Street, and use planned signalized intersections on South 344"' Street at 10 Avenue
South and SR 99 to access these roadways. The third alternative considered is to prohibit
westbound left -turns from South 341 Place to southbound 16 Avenue South and accommodate U-
turns by constructing a roundabout at the intersection of SR 99 and 16 Avenue 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 3415 Place to 16"' Avenue S, drivers would
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become frustrated and learn to use alternate routes. The EIS analysis assumed that most of these
trips would leave the site to the north onto S 336 Street, and most would head west on S 336
Street to SR 99 and turn left to 16 Avenue 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 16 Avenue S / S 341 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 4ane 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" Place and South 344 Street reroutes traffic around the
intersection of 16 Avenue South and South 341 Place, and takes advantage of a project planned
by the City to construct traffic signals on South 340 Street at 16` Avenue South and at SR 99.
49. Potential locations to provide this connection between South 341 Place and South 344`' Street are
21" Avenue South and 18' Avenue South. Due to the presence of wetlands, three different
alignments for 21 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" Avenue South
due to the wetlands in the vicinity of the proposed 21' Avenue South alignments and the
transitional nature of the residential neighborhood on 18 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 18d' Avenue South as a
modified street section between the southern extent of the street improvements in Kits Corner
Business Park and South 344 Street.
51. The rerouting of trips using this connection on 18 Avenue South would add 417 trips to the east
leg of South 344 Street east of 16 Avenue South, and 128 trips between 10 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 over 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 340 Street and signalize both intersections. Therefore, the applicant will construct
traffic signals at these intersections.
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52. Staff analysis has determined that the project's trips meet warrants for left -turn lanes in the
westbound direction at both the intersections of SR99 and 16 Avenue S and S 344 Street and 16
Avenue S. Eastbound left -turn lanes may also be needed to line up lanes across the intersections
within allowable tapers, depending on the intersection geometrics; 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 344 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 16 Avenue South/Enchanted Parkway South (SR 161) at South 348 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 D, 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 I -5 /SR 18 interchange, which would
include access between SR 161 and I -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 20 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 20 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 20 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 20`
Avenue South. Faagger 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
20 Avenue South during the project's peak hours of trip generation on Sundays, and the relative
lack of impacts by the use of flagger control compared to the other alternatives, flagger control is
the recommended mitigation for this location. The applicant will provide flagger control of this
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driveway during Sunday peak hours, subject to conditions of the Right -of -Way Activity Permit to
be issued by the Department of Public Works.
56. The EIS suggests as a mitigation measure to minimize the intrusion of project - generated traffic into
residential neighborhoods to the north of the site an education program to influence route choices
by notices, announcements, and new member orientation used to educate drivers. 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 20 Avenue South north of the site, and to maintain reasonable speeds for a
residential neighborhood for those that do choose to use 20 Avenue South. Based on the analysis
of the alternatives by staff, a through movement diverter is recommended and will be placed at the
intersection of 20 Avenue South and South 336' Street, and is intended to prohibit through
movements on 20 Avenue South across South 336 Street. All other movements at the intersection
would be permitted. The design will accommodate transit turning movements and full access for
emergency vehicles, making it possible that smaller vehicles could still drive around the diverter.
58. Despite the diverter, some project - generated traffic may still be expected to use 20' Avenue South
to the north of the site. Therefore, there is still some need to discourage the use of 20 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 332n 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 TPS, the applicant will place the through
movement diverter at the intersection at South 336 Street, and yield - controlled traffic circles at
South 330 Street and South 332 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
18 Avenue South to determine the best solution for improving 18 Avenue South. Based on the
discussions at the meetings, the residential segment of 18 Avenue 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 18'
Avenue S and S 341 Street and 18 Avenue S and S 340 Street to narrow the throat width of 18
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 advantage of extending the code - required frontage improvements
on the south side of South 336 Street to provide pedestrian access to transit and the sidewalk
network on SR 99. The intersection of SR 99 and South 336 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 336 Street to be extended from the west property line of the site to SR 99.
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61. The EIS discusses the provision of transit amenities such as shelters, benches, bus landing pads, etc.
as a potential mitigation measure. The site is served by Pierce Transit Route 501 at a bus stop
located on the south side of South 336' Street east of 20`' Avenue South, and a bus stop located on
the east side of 20 Avenue South north of South 336` Street. Sidewalks will be provided to the bus
zone by code - required frontage improvements on South 336 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 336 Street east of 20' Avenue South, and on the
east side of 20` Avenue South north of South 336"' Street. In addition, the sidewalk will be
extended on the east side of 20'' Avenue South from the intersection of South 336 Street to this
latter bus zone. 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
320`'' 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 20' Avenue South and
South 336`" 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 336` 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 336` Street between SR 99 and 20' Avenue
South.
65. Based on the traffic analysis in the EIS, left -turn lanes on South 336' 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 20` 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
336"` 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 determining 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 20
Avenue South and South 336' Street. In conjunction with the through movement diverter, no
through lanes on 20 Avenue South would be required. Thus, no additional widening would be
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necessary on the south leg of the intersection. On the north leg of the intersection, the right -turn
lane would have to have a vehicle storage length of 175 feet to function effectively. A right -turn
lane on the west leg of the intersection would require additional right -of -way dedication from the
project, and would have to provide 100 feet of storage to function effectively. Per WSDOT Design
Manual Figure 910 -14, right -turn lanes would also require 50 -foot tapers. The applicant shall
construct improvements to the intersection of 20' Avenue South at South 336' Street that provide
signalization; signal interconnect on South 336' Street between SR 99 and 20` 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 20 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 336 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 336 Street. Therefore, pursuant to FWCC Section 22-
1475, the applicant will provide a continuous left -turn lane between SR 99 and 20` Avenue South.
68. New traffic signals are proposed at the intersections of 20 Avenue South at South 336 Street, le
Avenue South at South 344' Street, and SR 99 at South 344' Street. In addition, the project 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 324' Street, SR 99 at South 330 Street, SR 99 at South 336
Street, 20 Avenue South at South 336"' Street, 16 Avenue South at SR 99, 16 Avenue South at
South 340 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, TP10, TP14, TP16, TP20,
TP21, TP23, TP30, TP38, TP39, TP45, TP47, TP62, TP65, and TP77.
70. FWCC Section 22 -1671 sets out factors to be considered for a development agreement. The City
may consider, but is not limited to, the following factors when considering a development
agreement: 1) compatibility with and impact on adjacent land uses and surrounding neighborhoods;
2) adequacy of and impact on community facilities including utilities, roads, public transportation,
parks, recreation, and schools; 3) potential benefits of the proposal to the community; and 4) effect
upon other aspects of the comprehensive plan.
71. Development of the site in accordance with all adopted City codes, policies, regulations, conditions
of approval, and mitigation contained in the Development Agreement, will address project- related
impacts and ensure compatibility with adjacent land uses and surrounding neighborhoods.
Transportation impacts to surrounding neighborhoods will be addressed by code- required street
frontage improvements and mitigation established in the development agreement, including
additional street and sidewalk connections; a new street through the site; traffic calming measures
such as traffic circles and island diverters; signalization; transit shelter improvements; signal timing
plans; traffic management plan; and operational parameters governing use of the site. Conditions of
the Hearing Examiner's Process IV decision will ensure that project - related impacts to on site
wetlands, streams, and buffers are addressed. Mitigation in the Development Agreement pertaining
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to clearing, grading, and landscaping, will further address construction and development - related
impacts. The Director's Design Decision also ensures quality design standards and project
aesthetics for compatibility with surrounding neighborhoods. Additionally, the use of the property
as a church and school is more compatible with the surrounding neighborhoods than the types of
uses allowed under BP zoning. Therefore, development of the site in accordance with all adopted
City codes, policies, regulations, and conditions of approval, and mitigation contained in the
Development Agreement is compatible with, and will not adversely impact, adjacent land uses and
surrounding neighborhoods.
72. Development of the site in accordance with all City codes, policies, and regulations and conditions
of approval and mitigation contained in the Development Agreement will ensure adequacy of, and
address impacts to, community facilities including roads, public transportation, parks, recreation,
and schools. Potential transportation- related impacts to adjacent street and the City transportation
system were considered in the EIS. Mitigation for these impacts included in the Development
Agreement, pursuant to City Code and the EIS, includes system improvements such as construction
and dedication of 20` Avenue South through the site, connecting and improving 18' Avenue South,
frontage improvements, signalizing of intersections, and traffic calming measures and transit
improvements. Driveway and street access to the site was reviewed and determined to be at the
optimal location and configuration, subject to the City's adopted design standards and street plans.
The recreational needs of the school and day care students will be met on site by the code - required
outdoor play areas, and the play field. The minimum amount of outdoor play area included in the
Development Agreement meets and exceeds the requirements of the City of Federal Way and the
State Superintendent of Public Instruction. In addition, users of the site may utilize City parks in the
area. Any such use is expected to be small. The proposed development contains a private school.
73. The proposed church and school are expected to generate employment opportunities and potential
economic and social benefits. Based on information provided by CFC, it would employ 120
employees. CFC hosts several major conferences each year, including the Vision Conference
attracting 2,500 — 3,000 visitors each March, and a women's conference attracting approximately
2,000 visitors each November. CFC also participates in foreign exchange programs and estimates
approximately fifteen to twenty percent of its students are from foreign countries. Employees,
members of the congregation, and others who come for services, meetings, and school, may also
patronize local merchants and service providers such as retail, restaurants, hotels, and
entertainment. Therefore, more economic benefit would be anticipated than is currently generated
by the existing vacant site. Additionally, CFC proposes several commercial activities on the site,
including latte stands and bookstores, which are expected to generate revenue. As proposed and as
required, the project will construct needed right -of -way improvements on and off site, including a
new fully- improved City street through the site; street frontage improvements including curbs,
gutter, sidewalk, street trees, street lights, and a bike lane; and other street improvements identified
in the Development Agreement. Such improvements will promote safe and effective vehicle and
pedestrian circulation on the site and in the immediate vicinity. In addition, the project will convert
a large, vacant site that has historically been unused to a development that meets all City code
requirements for landscaping, lighting, pedestrian amenities, site surveillance, and architectural
design principles. CFC will provide educational opportunities through a school and college. It will
provide recreation fields and a venue for special events within the City. Conditions contained in the
Development Agreement will ensure mitigation of adverse impacts to on -site environmentally
sensitive areas resulting from the development. Also, religious organizations typically operate or
participate in various local social service- related programs such as food and clothing banks, Youth
programs, and counseling, from which the community may benefit. Therefore, development of the
site in accordance with all City codes, policies, regulations, and conditions of approval and
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mitigation contained in the Development Agreement will provide potential benefits to the
community.
74. Development of the site in accordance with all City codes, policies, and regulations and conditions
of approval and mitigation contained in the Development Agreement will have no negative impact
upon any other aspects of the comprehensive plan. The vision of the FWCP is to provide a supply
of land for such uses as services, employment, parks, open space, and housing to meet future
demand. If developed as proposed, the Project will provide land for services, employment, and
recreational areas. The BP zone is that zone intended for industrial uses including manufacturing
and warehousing. The July 2000 Market Analysis concluded that there would be a low demand for
BP -zoned land. Therefore, the reduction in BP zoned land, resulting from changing the designation
of this site from Business Park to Multiple Family will not affect the vision of the comprehensive
plan.
75. FWCC Sections 22 -529 (incorporating 22- 448(c) by reference) and 22 -530 set forth the factors that
may be considered for a site - specific comprehensive plan amendment and associated rezone, and
the criteria for such amendments. The City may consider, but is not limited to, the following factors
when considering a proposed amendment to the comprehensive plan: the effect upon the physical
environment; the effect on open space, streams, and lakes; the compatibility with and impact on
adjacent land uses and surrounding neighborhoods; the adequacy of and impact on community
facilities including utilities, roads, public transportation, parks, recreation, and schools; the benefit
to the neighborhood, City, and region; the quantity and location of land planned for the proposed
land use type and density and the demand for such land; the current and projected population
density in the area; and the effect upon other aspects of the comprehensive plan. In order to
encourage efficient and desired development and redevelopment of existing land designated and
zoned for various types of commercial uses, when considering proposals for comprehensive plan
amendments and rezones from one commercial designation to another, the City will consider
development trends in commercially zones areas, market demand for various types of commercial
land, and amount of vacant commercial land. For site - specific comprehensive plan amendments, the
provisions of FWCC Section 22488(c) shall also apply.
76. FWCC Section 22488 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, from BP to RM 3600, would not in
itself affect the physical environment if approved. It would result in changes to the comprehensive
plan map and zoning map. Pursuant to the proposed Development Agreement, development of the
site would be limited to two buildings with associated parking and recreational and athletic fields.
One building would consist of a church sanctuary, school auditorium, and approved accessory uses,
and the other building would be used as a private school. An evaluation of potential impacts to the
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physical environment as a result of the development of the site as proposed was conducted in an
EIS. If the property is developed in accordance with all applicable adopted City codes, policies,
regulations, and mitigation contained in the proposed Development Agreement, impacts to the
physical environment will be mitigated.
78. The site contains environmentally sensitive areas, as studied in the 18IS, 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.
Activities 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 storm 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 permanently 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 development 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 that this land would not develop
for BP uses in the near future. Conversion of the vacant site from 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 approval, and mitigation measures contained in the
Development Agreement, will be a benefit to the neighborhood, City, and region.
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82. Due to the size of its existing congregation, school, and accessory uses such as administrative
offices, Dominion College, day care, and future projections for growth, the CFC would like to
locate on an approximate 50 -acre parcel. Based on a survey of the King County Assessor's records
conducted by City staff, there are only two vacant parcels in the City that are 25 acres or more in
size. One of these is the parcel under discussion and the other one is the subject of Kits Corner
request, located south of South 336 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 information 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 permitted 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 current 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 determine 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 336
Street have developed as multi - family in recent years. However, very little BP zoned land has
developed in this area. Additionally, the July 2000 Market Study found that there would be only an
11 to 13 percent demand for BP -zoned land in the 2000 to 2020 period. As a result, rezoning this
property is appropriate and in the public interest, to allow its development rather than remaining
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vacant, 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 from 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 336` Street, with other BP nodes located
around South 272 Street and South 348` 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 developed
properties in the immediate vicinity. Examples include, but are not limited to, requiring a larger
buffer along South 336 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 Availability for the site,
and will provide these services pursuant to developer extension agreements between the applicant
and District. Fire and emergency medical services will be provided by the Federal Way Fire
Department. A City- operated regional storm drainage detention pond located in the northwest
portion of the site has been determined to have sufficient capacity to accommodate surface water
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drainage from the westerly sub -basin of the proposed development. The applicant will provide
storm 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 determined 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 N -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 EDP11,
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 determined 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
reviewed and determined to be consistent with all applicable decisional criteria contained in the
FWCC, and with the applicable goals and policies contained in the FWCP.
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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 S 340 Street
to a Pyp R styeetmodified street section consisting of 40-24 foot wide street with
vertical curbs and gutters, a °+ pl -,. ;,.- .° 4 R,,.°°+ +,. °° ,, � 5 -foot sidewalks, and id.
two additional street lights mounted on existing power poles and ie— ealming
elements, in ^ 60 feet right of w consistent with the attached Exhibit G -1 Traffic
calming elements shall be installed, including 2 speed humps, 1 crosswalk, bulb outs at
the intersection of 18 Avenue South and S 341 Street and 18 Avenue South and S
344"' Street to narrow the throat width of 18 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 344 Street from 16 Avenue S to 18 Avenue S consistent
with the attached Exhibit G -2 . Construction shall consist of Type R Street. The north
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become frustrated and learn to use alternate routes. The EIS analysis assumed that most of these
trips would leave the site to the north onto S 336"' Street, and most would head west on S 336"'
Street to SR 99 and turn left to 16"' Avenue 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 16 Avenue S / S 341 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 Place and South 340 Street reroutes traffic around the
intersection of 10 Avenue South and South 341 Place, and takes advantage of a project planned
by the City to construct traffic signals on South 340 Street at 16' Avenue South and at SR 99.
49. Potential locations to provide this connection between South 341 Place and South 344 Street are
21S Avenue South and 18' Avenue South. Due to the presence of wetlands, three different
alignments for 21" 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' Avenue South
due to the wetlands in the vicinity of the proposed 21' Avenue South alignments and the
transitional nature of the residential neighborhood on 18"' Avenue South. Puf stmn t tot > WGG
the appheant will eeastmet4-8" Av enue So ,E 1.. as .. T- e D strmet bet th u 4h e a WFA of �1,e
st , e e„.. in Kit r,.me,. Busi v.,..v and Sout 3 44 1h P ur suant 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 18 Avenue South as a
modified street section between the southern extent of the street improvements in Kits Corner
Business Park and South 344 Street.
51. The rerouting of trips using this connection on 18` Avenue South would add 417 trips to the east
leg of South 344 Street east of 10 Avenue South, and 128 trips between 10 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 over 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
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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
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 drivers. 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 20 Avenue South north of the site, and to maintain reasonable speeds for a
residential neighborhood for those that do choose to use 20 Avenue South. Based on the analysis
of the alternatives by staff, a through movement diverter is recommended and will be placed at the
intersection of 20 Avenue South and South 336 Street, and is intended to prohibit through
movements on 20 Avenue South across South 336 Street. All other movements at the intersection
would be permitted. The design will accommodate transit turning movements and full access for
emergency vehicles, making it possible that smaller vehicles could still drive around the diverter.
58. Despite the diverter, some project - generated traffic may still be expected to use 20 Avenue South
to the north of the site. Therefore, there is still some need to discourage the use of 20" 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 332 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 336 Street, and yield - controlled traffic circles at
South 330` Street and South 332 Street to reduce intersection collisions and midblock vehicle
speeds.
59.
discussions at the meetings_t residential segment of 18 Avenue South will be improved to a
Tfpe- R 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
Avenue S and S 340 Street and 18'` Avenue S and S 344` Street to narrow the throat width of 18'
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 ''-° �1� ° ° «` h « s e d thM th ° ;..ti«,.
bulb in the r-i& of way whei-7e the existing eul de sae bulb is leea4ed be used as a le -AtiFffl- fiff- a-
1h A..°....° Q.,,,tb,
b b °d ..,,t into th ;,.t°,.., °„tie"s at S 341 Dl ° . «d S tb. 244 Qt. ° °* t. °d„°° th
petenti f r t:. eks to use. I-Re Aw fffiue South tl„ , gh the rze side ft t i a4 ne ighbor - hood . Staff .,lse
f:eeeffffneads signage be plaeed to pr-ehibit #+ieks on I 8 Avenue South between South 3 4 V -Naee
a nd S 34 RW t a tw o , spee h ump s be ;«.,t °d A Neighbor-hee fi >\,r° °ti«„ .
hold t„«° 3 , 2 004 a nd Staff will w ork ,;tb, the r esidents on 1 8 "' A,.°«„° R t d°t th
best solution for- impr-ey4ng I 2w A South.
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