17-103062-ADFILE
CITY OF
t Federal Way
September 13, 2017
Roukiatou Aboubacar
McKee Appraisal
1200 6"' Ave, Suite 1805
Seattle, WA 98101
RE: File #17-103062-00-AD; ADMINISTRATIVE DECISION
Christian Faith Center, 33652 20th Ave S, Federal Way
Dear Mr. Aboubacar:
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. cityoffederalway. com
Jim Ferrell, Mayor
The Community Development Department received your request for an Administrative Decision on June
26, 2017, to clarify the development regulations applicable to the above address to allow a school or
multifamily housing.
BACKGROUND
The City and Christian FaitK-Center entered into a Development Agreement (DA) on July 21, 2004. The
DA governs development standards and mitigation requirements for the two -phased construction of a
church, school and associated improvements.
The DA vests standards for a five-year period, ending July 21, 2009. Per Section 2 of the DA, "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...
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 tenninate after the five-year period and continue
to restrict development of the Property unless and until amended by the City."
The DA was amended on April 2, 2007, to add another school building to Phase 1I. Vesting criteria
remained unchanged. The five-year tenn of the amended DA expired on April 1, 2012.
The City issued a development permit for construction of a new school building on October 1, 2015. The
permit expired on March 29, 2016.
ZONING AND LAND USE
Per the DA, the proposed school is still an allowable land use unless the agreement is amended. The
setbacks, height, landscaping, parking, size limitation and operational limitations listed in the DA still
apply. A new development permit application is required, as the one issued in 2015 has expired.
Mr. Aboubacar
September 13, 2017
Paue 2
In order to allow any land use other than a school, including multi -family housing, the DA would have to
be amended and approved by City Council as a "major" amendment, per FWRC 19.285.200. Additional
conditions would likely be added to the DA to regulate the development of the new land use.
CRITICALLY SENSITIVE AREAS
According to the City's Critically Sensitive Areas map, wetlands are present on the site. Wetland
mitigation is addressed in the amended DA from 2007, based on a wetland study performed for a wetland
intrusion application approved on April 23, 2004. Per FWRC 19.145.410, wetland delineations are only
valid for five years. A new wetland study shall be required prior to issuance of any development permits.
If the wetland classification or boundaries have changed, then a new wetland buffer shall also be
delineated. Encroaching upon the newly -delineated wetlands would require a new mitigation plan
approved through Process IV, per FWRC 19.145.430(2). Wetland buffer reductions for pennanently
altered portions (e.g., roadways, paved parking lots, and pennanent strictures) require approval of the
Community Development Director, per FWRC 19.145.440(4). Wetland buffer averaging and buffer
reduction with enhancement is subject to Process IIl, per FWRC 19.145.440(5)-(6).
STORMWATER
Any development, including the school, will be required to meet current stonnwater requirements at the
time of a complete development permit application. That said, the existing stonnwater facilities were
designed such that they meet, or nearly meet, current standards and staff does not expect major revisions.
The existing facilities were sized to include the school using 1998 standards. Your engineer would need
to show that current standards are met. As long as the building and parking are the same size as originally
proposed or smaller, there should be no problem.
If the land use changed to something other than a school, the same requirement to meet standards that are
current at the time of complete land use application would apply. Practically speaking, assuming that a
multifamily development would be larger than the school and require more parking, the existing storm
water detention and water quality facilities would likely need to be enlarged or augmented with additional
facilities.
TRAFFIC
Since the school portion of the property is not yet developed well after the expiration of the 5-year period
commencing July 21, 2004, current development regulations would apply.
Since the school portion of the property is not yet developed within 10 years of July 21, 2004, CFC has
not met the construction phasing requirements of the agreement.
Both parking and traffic mitigation for CFC were based on the project EIS. The City cannot accept the
transportation analysis provided 13 years ago given the changes in existing conditions since that time.
Also, the City has moved from SEPA-based pro-rata share mitigation to traffic impact fees and a separate
concurrency analysis for evening peak hour conditions, although SEPA may still be used to address safety
concerns and traffic operations concerns in peak hours outside of the evening peak. Based on Section 5 of
the agreement, these new procedures would be applicable to future development of the site.
17-10 3062-00-A D Doc, I.D. 76319
Mr. Aboubacar
September 13, 2017
Page 3
Assuming the school would be constructed per the agreement, the following should apply:
Sec. 9.4.4: The intersection improvements at SR 99 and S 344th Street were deemed infeasible by
the Public Works Director due to the inability to meet standards without the acquisition of right-
of-way. The interim requirement for temporary traffic control was also waived as the anticipated
traffic volumes generated by CFC did not materialize. In any case, the proposed improvements
have been incorporated into the SR 99 HOV Lanes Phase V project and are now under
construction. An updated analysis should be conducted to determine the extent of CFC's
contribution to traffic at this location at the time of completion of the intersection improvements
(estimated as August 2018).
Sec. 9.4.7: The intersection improvements at 20th Avenue S at S 336th Street were constructed
with the intent to prohibit through movements on 20th Avenue S. However, South King Fire and
Rescue wanted the design to allow these through movements for emergency vehicles, thus
opening gaps large enough that driver compliance with the movement restrictions is essentially
voluntary and thus poor. Given that the movement restrictions were an attempt to minimize cut -
through traffic to the north, neighborhood consultation should be conducted to determine if the
movement restrictions should be strengthened through intersection redesign or possibly removed
entirely.
Assuming the school would be replaced with multi -family development, in addition to the
recommendations above, the following would apply:
Sec. 9.1.4.2: The parking fields adjacent to the school site were assumed to be available for use
by the church. It should not be assumed that these fields would be available to church attendees if
they are to be used by residents. As such, the parking analysis should be updated.
+ Sec. 9.5: It appears that the entire pro-rata mitigation was paid for the entire site, including the
school site. Therefore, the evening peak hour trips assumed to be generated by the school are
vested for the purposes of traffic impact fee system. Additional evening peak hour trips generated
by multi -family development above those assumed to be generated by the school would be
subject to the applicable traffic impact fees in place at the time of building pen -nit issuance.
However, trips generated by the multifamily development would not be vested for the purposes of
transportation concurrency. A concurrency analysis would be required for the multifamily
development. In addition, if the multifamily development generated 100 more peak hour trips
than assumed for the school outside of the evening peak hour (typically morning or weekend
peaks), additional analysis may be required under SEPA, and mitigation identified for the impacts
of these trips.
■ Sec. 10: Based on the above, a change of use to multifamily would not be a minor change and
therefore will require City Council approval.
BUILDING
All new buildings will be reviewed under applicable International Codes and electrical codes in effect at
the time of application. The review process follows standard review timelines and review processes
already established.
17-103062-00-AD Doc ID. M 19
Mr. Aboubacar
September 13, 2017
Page 4
If you have any additional questions, please contact Dave Van De Webhe, Senior Planner, at
david.vandewe her.citvofffederalwa •.corn or 253-835-2638_
Sincerely,
Brian Davis
Director, Community Development Department
c: Peter Lawrence, Plans Examiner
Rick Perez, City Traffic Engineer
Ann Dower, Senior Engineering Plans Reviewer
Dave Van De Weghe, Senior Planner
17-103062-00-AD Doc. LD 76319
CITY OF
�. Federal Way
DATE: 8/2/2017
TO: Cole Elliott, Development Services
Rick Perez, Traffic
Peter Lawrence, Plans Examiner
FROM: Dave Van De Weghe, Planning
MEMORANDUM
Community Development Department
SUBJECT: Christian Faith Center Development Agreement — File #17-103062-00-AD
BACKGROUND
In 2004, a development agreement (DA) was approved to allow a church, school and associated
improvements. In 2007, the DA was amended to add school classrooms to the church building.
The church is built, but the school is not. A building permit (14-101672-00-CO) for the school was
approved and expired. The applicant is requesting clarification on what development standards apply to
the school portion of the property.
VESTING
Per Section 5. Vesting of the DA, '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... 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."
QUESTIONS
1. How would the following DA requirements change for development of a school in 2017?
2. What if they applied to build a multi -family development instead?
DA Sec. 9.3 Construction Mitigation
DA Sec. 9.4 Traffic Mitigation
DA Sec. 9.5 Traffic Impact Fees
DA Sec. 9.6 Surface Water Mitigation
DA Sec. 10 Other Review Processes (building permits)
ATTACHMENT
Development Agreement
Please email comments to me or enter them into Amanda by 8/18/17. We can schedule a meeting if
needed.
17-103062-00-AD Doc. I D 76321
RECEIVED I� REQUEST FOR ADMINISTRATIVE DECISION
CITY OF k COMMUNITY DEVELOPMENT DEPARTMENT
Federal Way33325 8`h Avenue South
J U N 2 6 2017 Federal Way, WA 9800
253-835-2607;Fax 253-835-2609
CITY OF FEDERAL WAY www.cityoffederalwgy.com.
COMMUNITY DEVELOPMENT
FILE NUMBER ` - C) 3 O & Date (a /20 0
Applicant
NAME Roukiatou Aboubacar
PRIMARY PHONE (206) 343-8909
BUSINESS/ORGANIZATION McKee Appraisal
ALTERNATE PHONE
MAILINGADDRESS 1200 6th Ave Suite 1805
—Lrouke@msreal.com
CITY Seattle
STATE
WA
ZIP 98101
FAX
Property Address/Location 33652 201h Ave S (parcel # 2121049003)
Description of Request I'd like to know if the Citv will allow the .owner to build the proposed school to the standards laid
out in the Development Agreement, even though it looks like the time frame for this development to occur has passed (per section
5 of the Development A eemen "Vesting!'), I understand the building crmit has expired. If this development would still be
allowed, how difficult would it be for the owners to obtain a new building_permit? If the school has in fact Lost its vesting under
the old regulations, how much would the plan_ have to change to conform to today's regulations?
I'm also 9yinFt to understand what development regulations would Uply toda if construction of something other than the school
were undertaken (multifamily, for example)_ Specifically. what setback from the wetlands to the east would be required? Would
they likely be bigger than the setbacks applicable to the proposed school under the Development Agreement?
List/Describe Attachments None.
Bulletin #079 — January 4, 2016 Page 1 of 1 k:\Handouts\Request for Administrative Decision
For Staff Use
❑ Code Interpretation/Clarification - No Fee
❑ Critical Areas Letter/Analysis/Peer Review - No Fee (Actual Cost if Applicable)
❑ Request -for Extension (Land Use/Plat Approval) - Check Current Fee Schedule
❑ Revisions to Approved Permit - Check Current Fee Schedule
❑ Tree Removal
- No Fee
❑ Zoning Compliance Letter
- Check Current Fee Schedule
El
Bulletin #079 — January 4, 2016 Page 2 of 1 k:\IIandouts\Request for Administrative Decision
Grace Skidmore
From: Rouke Aboubacar <Rouke@msreal.com>
Sent: Thursday, June 22, 2017 8:20 AM
To: Permit Center
Subject: Christian Faith School proposal
Attachments: 079 Request for Administrative Decision.docx
Hello,
I am an appraiser working on a parcel of land owned by Christian Faith School, and proposed for development. I have
some questions (please see the attached form), and I would appreciate your help.
Thanks very much,
Rouke Aboubacar
McKee Appraisal
Real Estate I Consulting
1200 6th Ave. # 1805, Seattle, WA 98101
206-343-89091 RoukePmsreal.com
www.msreal.com
CFC 17-103062-00-AD
Pertinent to my comments are:
Section 5, 41h sentence: Since the school portion of the property is not yet developed well after
the expiration of the 5-year period commencing July 21, 2004, current development regulations
would apply.
• Section 7.3, last sentence: Since the school portion of the property is not yet developed within
10 years of July 21, 2004, CFC has not met the construction phasing requirements of the
agreement.
Both parking and traffic mitigation for CFC were based on the project EIS. The City would be hard-
pressed to defend the continued validity of the transportation analysis given the changes in existing
conditions. Also, the City has moved from SEPA-based pro-rata share mitigation to traffic impact fees
and a separate concurrency analysis for evening peak hour conditions, although SEPA may still be used
to address safety concerns and traffic operations concerns in peak hours outside of the evening peak.
Based on Section 5 of the agreement, these new procedures would be applicable to future development
of the site.
Assuming the school would be constructed per the agreement, the following should apply:
• 9.4.4 The intersection improvements at SR 99 and S 344th Street were deemed infeasible by
the Public Works Director due to the inability to meet standards without the acquisition of right-
of-way. The interim requirement for temporary traffic control was also waived as the
anticipated traffic volumes generated by CFC did not materialize. In any case, the proposed
improvements have been incorporated into the SR 99 HOV Lanes Phase V project and are now
under construction. An updated analysis should be conducted to determine the extent of CFC's
contribution to traffic at this location at the time of completion of the intersection
improvements (estimated as August 2018).
Y 9.4.7 The intersection improvements at 20th Avenue S at S 336th Street were constructed with
the intent to prohibit through movements on 20th Avenue S. However, the South King Fire and
Rescue wanted the design to allow these through movements for emergency vehicles, thus
opening gaps large enough that driver compliance with the movement restrictions is essentially
voluntary and thus poor. Given that the movement restrictions were an attempt to minimize
cut -through traffic to the north, neighborhood consultation should be conducted to determine if
the movement restrictions should be strengthened through intersection redesign or possibly
removed entirely.
Assuming the school would be replaced with multi -family development, in addition to the
recommendations above, the following should apply:
• 9.1.4.2 The parking fields adjacent to the school site were assumed to be available for use by
the church. It should not be assumed that these fields would be available to church attendees if
they are to be used by residents. As such, the parking analysis should be updated.
O 9.5 It appears that the entire pro-rata mitigation was paid for the entire site, including the
school site. Therefore, the evening peak hour trips assumed to be generated by the school are
vested for the purposes of traffic impact fee system. Additional evening peak hour trips
generated by multi -family development above those assumed to be generated by the school
would be subject to the applicable traffic impact fees in place at the time of building permit
issuance.
However, trips generated by the multifamily development would not be vested for the purposes
of transportation concurrency. A concurrency analysis would be required for the multifamily
development. In addition, if the multifamily development generated 100 more peak hour trips
than assumed for the school outside of the evening peak hour (typically morning or weekend
peaks), additional analysis may be required under SEPA, and mitigation identified for the
impacts of these trips.
• 10 Based on the above, a change of use to multifamily would not be a minor change and
therefore should require City Council approval.
CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY AND THE CHRISTIAN FAITH CENTER FOR
DEVELOPMENT OF CHURCH AND PRIVATE SCHOOL
AMENDED APRIL 2, 2007
The City of Federal Way ("City") and the Christian Faith Center ("CFC"), a Washington nonprofit
corporation, collectively referred to herein as "the Parties," enter into the following concomitant
agreement and development agreement ("Agreement") regarding the rezoning of certain property and
the scope of permissible development, use, and mitigation of environmental impacts associated with the
campus development of a church and private school ("Project"), through construction of the buildings
and related improvements on the CFC property.
The agreement is both a concomitant agreement and a development agreement. The concomitant
agreement allows for a rezone of certain property subject to development standards and conditions
governing the use of the property. The development agreement provides the developer with certainty
regarding the local regulations and mitigation requirements that will govern development for a specified
project. The concomitant agreement is a condition to and limitation upon the rezone of the property, if
adopted by the City Council. That is, if the site is rezoned subject to concomitant agreement, its use and
development is restricted both by the regulations applicable to the new zoning classification and the
provisions of the concomitant agreement, and where development standards in the agreement are more
restrictive, they govern property development. The development of the property is conditioned and
limited by both the development agreement and concomitant agreement, and they have been combined
into one document.
1. Location. CFC is the owner of certain real property situated in Federal Way, Washington,
located south of South 336" Street between SR-99 and Interstate 5 (the "Property"). The Property is
more particularly described on Exhibit A, attached hereto and incorporated herein by this reference.
2. Project Description. The Project consists of development, to be constructed in two phases.
Both phases are depicted on the Development Plan, attached hereto as Exhibit B and incorporated herein
by this reference (the "Plan" or "Development Plan"). Phase I will consist of a two-story 218,500 square
foot sanctuary building church, school, administrative offices, and accessory uses and associated
parking and recreational and athletic fields attached hereto as Exhibits C, C-1, and C-2 and incorporated
herein by this reference. Phase II would include the addition of a separate 101,526 square foot school
building attached hereto as Exhibits C, C-3, and C-4 and incorporated herein by this reference. Once the
Phase II school building has been constructed and is ready for occupancy, the uses in the sanctuary
building will revert to those originally approved per the July 20, 2004, Agreement and plan attached
hereto as Exhibits C, C-5, and C-6 and incorporated herein by this reference.
3. Concomitant Agreement. Based on the approval of a rezone from Business Park (BP) to RM
3600 by the Federal Way City Council, CFC and the City agree that the Property may be developed
only in accordance with the standards and mitigation set forth in the amended Agreement (the
"Agreement"). The Property shall be developed as described in the Agreement, and as depicted in the
Development Plan. The allowable use of the property shall be limited to that described in the
Agreement. All development standards, including mitigation, identified in the Agreement shall apply to
Property development. No development on the Property shall be inconsistent with the Agreement or
City Code. The Property is subject to the Agreement, and shall be developed only in accordance with
the development standards identified within the Agreement, including the Development Plan (except for
minor modifications permitted by Section 10 of the Agreement), unless and until the Agreement is
amended or rescinded, as authorized by the City.
4. Development Agreement. The Agreement is authorized by RCW 36.70B.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
43.21C RCW, "SEPA") required for the project.
5. Vesting. City development regulations, as found in the Federal Way City Code (FWCC) or
otherwise legislatively adopted,° and the mitigation measures adopted herein shall govern the Project for
a period of five years, dating from execution of the original Agreement, dated July 21, 2004. Any
amendments or additions made to City development regulations during the five year period shall not
apply to or affect the development, except as otherwise provided, or if other county, state or federal laws
preempt the City's authority to vest regulations. The City reserves the authority to impose new or
different officially adopted regulations to the extent required by a serious threat to the public health and
safety.5 After the five-year period, amendments or additions made by the City to these development
regulations and the mitigation measures adopted herein shall apply to any subsequent or further
development of the Property. Otherwise, the Property and the uses thereof that are developed consistent
with this Agreement shall be deemed legal, nonconforming uses. Provisions of the Agreement,
including specifically identified development standards and mitigation measures, do not terminate after
the five-year period and continue to restrict development of the Property unless and until amended by
the City.
6. Project Mitigation Under SEPA. The Project has been subject to detailed environmental
review. A Final Environmental Impact Statement ("FEIS") was issued on March 3, 2004, and addenda
were issued April 16, 2004, and May 21, 2004. Mitigation of significant adverse environmental impacts
imposed under SEPA, through the City's SEPA regulations, is incorporated into the Agreement.
7. Development of CFC Property.
7.1 Permitted Uses. CFC covenants and agrees that it will limit any use of the Property to the
church and school uses, as depicted in the Development Plan, attached hereto as Exhibit B and
' RCW 36.70B.170(3)
2 RCW 36.70B.170(i)
3 RCW 36.70B.170(3xc)
Legal requirements include legislatively adopted standards goveming development, such as zoning, building and development
regulations, impact fees, SEPA regulations and substantive SEPA policies, and other laws, ordinances, or policies.
5 See RCW 36.70B.170(4)
incorporated herein by this reference. Both the church and school are classified as principal uses
for application of FWCC Sections 22-671 and 22-674, except the school shall be considered an
accessory use to the principal sanctuary use in Phase I. Accessory uses shall be limited to those
approved as a part of this Agreement and shown on the attached Plan or List of Permitted
Accessory Uses, attached hereto as Exhibits C, C-1, C-2, C-S, and C-6 and incorporated herein
by this reference, or any accessory use determined by the Director of Community Development
Services to be allowed, or analogous to an allowed accessory us6, in the RM 3600 zone.
7.2 Relationship Between City Development Regulations and Development Standards
Identified in A Bement. Development Regulations include all provisions of the Federal Way
City Code (FWCC), including without limitation FWCC Chapters 18 through 22. The
Development Regulations for the Property include those applicable to the RM 3600 zone and as
set forth in the Agreement. The Agreement establishes site specific development standards,
including mitigation. Property development shall be consistent with both development
regulations and the development standards identified in the Agreement. Where the development
standards in the Agreement are more restrictive, they shall govern development of the Property,
as specified herein.
7.3 Construction_ Phasing. Project construction shall be limited to two phases. Phase I shall
comprise construction of a building for the church sanctuary, auditorium, meeting rooms and
administrative offices, and K-12 education classrooms, attached hereto as Exhibits C, C-1, and
C-2 and incorporated herein by this reference, together with all on -site and off -site
improvements required by this Agreement and by the conditions of any related permit approval.
Phase 11 shall comprise construction of a future two-story 101,526 square foot school building
attached hereto as Exhibits C, C 3, and C-4 and incorporated herein by this reference. With the
exception of improvements completely within the interior of a building, Phase I, the sanctuary
building, must be substantially completed within thirty (30) months of issuance of its building
permit and Phase II, the school building must be completed within twenty-four (24) months of
issuance of its building permit, except for delays beyond the control of CFC and approved by
the Director of Community Development Services, which approval shall not be unreasonably
withheld. Project construction shall be completed within five years of the execution of the
original agreement, dated July 21, 2004, for the sanctuary/school auditorium building and
within ten years for the school building, except for delays beyond the control of CFC and
approved by the Director of Community Development Services, which approval shall not be
unreasonably withheld.
8. Settlement Agreement. The Parties shall be bound by the Settlement Agreement between the
City of Federal Way and Federal Way Industrial Park, Inc., dated February 5, 1996, (Exhibit D to the
Concomitant Agreement and Development Agreement between the City of Federal Way and the
Christian Faith Center recorded under King County Recording No. 20040819000548) and incorporated
herein by this reference. The Settlement Agreement provides certain development standards and other
provisions applicable to use and development of the Property, which are consistent with the terms of
this Agreement. The terms of this Agreement shall control over any inconsistent terms in the Settlement
Agreement.
9. Development Standards, Including Mitigation. The Project shall be consistent with all
specified development standards. CFC shall construct, install, or implement, as part of Project
Construction, all mitigation required by the Agreement. The City Council has reviewed the EIS and the
record. Mitigation has been developed based on these documents.
9.1 Psoiect Design and Site Configuration.
9.1.1 Building Setback. All site improvements shall be setback from South 330 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.
9.1.3 Landscaping. CFC shall provide an approved landscape plan, prior to issuance of
the Phase One building permit, incorporating the following features. The landscape plan
shall be prepared by a landscape architect in consultation with a habitat biologist, whose
recommendations shall be incorporated into the plan.
9.1.3.1 Perimeter Landscaping. CFC shall provide a combination of existing and
new native landscaping to accomplish Type III landscaping along all groperty
lines and public rights -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 three inch caliper and evergreen
trees taller than eight feet.
9.1.3.3 Habitat Retention. CFC shall provide a fifty (50) foot wide wildlife
corridor from the west wetland to the east wetland with small animal culvert
crossings under proposed roads and water ponding areas along the wildlife
corridor, at a spacing of approximately 200 feet, to provide drinking areas for
small animals.
9.1.4 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 Exhibit E to the Concomitant Agreement and Development
Agreement between the City of Federal Way and the Christian Faith Center
recorded under King County Recording No. 20040819000548 and incorporated
herein by this reference.
9.1.4.4 Overflow Parking/Special Events. Overflow parking shall be permitted
only pursuant to a parking plan approved by the Director of Public Works. CFC
shall develop and submit a plan for approval by the Director of Public Works
prior to special events to manage overflow parking through an arrangement with
an appropriate transit provider or local hosts for shared use of additional off -site
parking spaces and shuttle transportation connecting the overflow parking areas
and the site during special events or in the event of recurring overflow parking
conditions. CFC shall be responsible for all costs associated with traffic control
including, but not limited to, flaggers, police officers, signs, and shuttle
transportation.
9.1.5 Size Limitation.
9.1.5.1 School. As part of Phase I, a 31,199 square foot school will be
constructed in the sanctuary building attached hereto as Exhibits C, C-1, and G2
and incorporated herein by this reference. The school structure, to be constructed
in Phase 11, shall be limited to 101,526 square feet, as depicted in the attached
Conceptual Floor Plan, attached hereto as Exhibits C 3 and G4 and incorporated
herein by this reference. Upon construction of the Phase II school building, the
uses in the sanctuary (Phase I building) shall revert as per the original
development agreement and plans attached hereto as Exhibits C-5 and C-6 and
incorporated herein by this reference. The day care shall be located in the main
church/sanctuary/administration building and shall be limited to 33,000 square
feet. Based on these maximum square footages, total enrollment of the school and
daycare shall be limited to a maximum of 900 full-time students.
9.1.5.2 Sanctuary. Sanctuary occupancy shall conform to all applicable local,
state 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 C-6 and
incorporated herein by this reference. Based on this square footage, enrollment
shall be limited to a maximum of 225 students.
9.1.5.4 Recreation Areas. Exterior recreation and play areas shall be provided in
a minimum amount of 27,026 square feet in the school yard, a minimum 100,000
square feet in the recreation/sports field, and 4,613 square feet in the church day
care area. Such minimum areas shall be permanently maintained as recreation and
play areas.
9.2 Operational Limitations. CFC operations shall be consistent with the schedule and
restrictions listed below. Changes in the below schedule, which was provided by the applicant,
shall be reviewed under FWCC 22-1680 to ensure that the project remains consistent with the
review completed under SEPA and the FWCC. Minor modifications may be approved by the
Director of Community Development Services, as specified in FWCC 22-1680.
9.2.1 Church Service Hours. Church services shall be limited to one weekday evening
service (typically on Wednesdays) which shall not begin before 6:30 p.m. and Sunday
church services shall be separated by at least one and one/half hours between services.
9.2.2 Dominion Coile a 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/S ecial 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 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 Clearingan8. 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 181' Avenue South from the existing berm to South 344h
Street to a modified street section, consisting of 24 foot wide street with vertical curbs and
gutters, consistent with Exhibit G-1 to the Concomitant Agreement and Development
Agreement between the City of Federal Way and the Christian Faith Center recorded
under King County Recording No. 20040819000548 and incorporated herein by this
reference. Traffic calming elements shall be installed, including two speed humps, one
crosswalk, bulb outs at the intersection of 18'b Avenue South and South 341" Street and
18`h Avenue South and South 344h Street to narrow the throat width of 18s' Avenue South
to 20 feet, and street signage shall be installed to address no through traffic, children
playing, speed humps, crosswalk, and speed limit.
9.4.2 CFC shall improve South 344"' Street from 16a' Avenue South to 180' Avenue
South consistent with Exhibit G-2 to the Concomitant Agreement and Development
Agreement between the City of Federal Way and the Christian Faith Center recorded
under King County Recording No. 20040819000548 and incorporated herein by this
reference. Construction shall consist of Type R Street. The north side shall consist of a 40
foot wide street with curb and gutters, four -foot planter strip with street trees, six-foot
sidewalk, and street lights. The improvements shall be tied into the existing improvements
to the west end of South 344 h Street to the east side of the intersection of South 340
Street and 16`h Avenue South. On the south side, only curb and gutter shall be required.
CFC shall construct improvements within existing right-of-way.
9.4.3 CFC shall improve South 344" Street through the intersection of 16t' Avenue
South and shall signalize the intersection of South 34,016'b Avenue South consistent
with Exhibit G-3 to the Concomitant Agreement and Development Agreement between
the City of Federal Way and the Christian Faith Center recorded under King County
Recording No. 20040819000548 and incorporated herein by this reference. CFC shall
construct improvements within existing right-of-way.
9.4.4 CFC shall construct street improvements consistent with Exhibit G-4 to the
Concomitant Agreement and Development Agreement between the City of Federal Way
and the Christian Faith Center recorded under King County Recording No.
20040819000548 and incorporated herein by this reference, in order to signalize the
intersection of SR 99 and South 344" Street and provide a westbound-to-southbound left -
turn lane within existing right-of-way. If delays beyond the control of CFC and the City
prevent the completion of these improvements by the time of issuance of the certificate of
occupancy, CFC may obtain a certificate of occupancy subject to the Public Works
Director requiring temporary traffic control measures for up to one hour following the end
of each Sunday service until such time that the traffic signal is operational.
9.4.5 CFC shall perform a sight distance study, propose a conceptual intersection plan
for the intersection of 20"' Avenue South at South 34151 Street to be approved by the
Director of Public Works, and construct improvements as determined by the Director of
Public Works.
9.4.6 CFC shall construct street improvements along South 3360' Street consistent with
Exhibits G-5 and G-6 to the Concomitant Agreement and Development Agreement
between the City of Federal Way and the Christian Faith Center recorded under King
County Recording No. 20040919000548 and incorporated herein by this reference. The
improvements shall be consistent with Type M street between SR 99 and 201h Avenue
South, consisting of an 18-foot half -street with curbs and gutter, six-foot planter strip with
street trees, eight -foot sidewalk, street lights, underground utilities, and three-foot utility
strip. Improvements will be consistent with Type K street between 201h Avenue South and
I-5, consisting of a 22-foot half -street with curb and gutter, six-foot planter strip with
street trees, eight -foot sidewalk, street lights, underground utilities, and three-foot utility
strip. A continuous two-way left -turn lane shall be provided between SR 99 and Forest
Lane Town Homes frontage. Curbs and gutter, planter strip, and sidewalk shall also be
provided on the north side between South Garden Court condominiums and Forest Lane
Town Homes to tie into the existing improvements. An eastbound right -turn lane shall be
provided on South 336h Street at 20`h Avenue South, consisting of a 100-foot storage
length and 50-foot taper length. These improvements may be modified by the Director of
Public Works to minimize impacts to wetlands or minimize right-of-way acquisition.
9.4.7 CFC shall improve 20`h Avenue South for a distance of 225 feet (175 feet of
storage and 50 foot taper) to the north of the intersection of South 330h Street and
signalize the intersection consistent with Exhibit G-7 to the Concomitant Agreement and
Development Agreement between the City of Federal Way and the Christian Faith Center
recorded under King County Recording No. 20040819000548 and incorporated herein by
this reference.
9.4.8 CFC shall construct an eastbound right tum lane from South 3360' Street to 20'h
Avenue South.
9.4.9 CFC shall construct traffic calming elements on 20'h Avenue South from South
336'h Street to South 330`h Street, including traffic circles at South 330'h Street and South
332ad Street and an island diverter at South 336`h Street to prevent northbound and
southbound through movements, and construct a sidewalk on the east side of 200'Avenue
South from South 336h Street to tie in to the existing sidewalk, consistent with Exhibits
G-7 and G-8 to the Concomitant Agreement and Development Agreement between the
City of Federal Way and the Christian Faith Center recorded under King County
Recording No. 20040819000548 and incorporated herein by this reference. CFC shall
construct improvements within existing right -of --way.
9.4.10 CFC shall provide two transit shelters, shelter footings, litter receptacle pads,
landing pads and benches, one located on 20d' Avenue South in the existing location north
of South 336`h Street and one located on South 336h Street as determined by City staff
with input from King County Metro and Pierce Transit.
9.4.11 Upon a one time request of the Director of Public Works, CFC shall develop and
implement Sunday peak hour timing plans, based on turning movement counts for signal
timing plans collected by CFC for the intersections of 20'h Avenue South and South 336"'
Street, SR 99 and South 320 Street, SR 99 and South 330'h Street, SR 99 and South 336`h
Street, SR 99 and South 340'h Street, 160' Avenue South and South 344`h Street, and SR
161 and South 348 h Street.
9.4.12 CFC shall implement a Traffic Management Plan (TNT) for the Project as
approved by the Director of Public Works.
9.4.13 CFC shall pay to the City Three Hundred Fifty Thousand and No/100 Dollars
($350,000.00) to expand the City's existing project at the intersection of South 348'h
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 rats share
contribution to impacted City Transportation Improvement Plan (TIP) projects, identified and
calculated below:
o S 348h St: 9" Ave -S — SR 99: $60,500
o S 356" St: 1st Ave S — SR 99: $50,200
o S 340 St @ I" Ave S: $13,100
o S 3366 St @ I" Way S: $3000
o 12'11 Ave SW / SW 344`h St Extension: SW Campus Dr— 21' Ave SW: $38,700
o 1st Ave S: S 320th St — S 330th St: $7600
o 21" Ave SW Extension: SW 356h St— 22'd Ave SW: $2800
o SR 18 @ SR 161: $24,800
o S 336'h St @ 9`' Ave S: $1100
o S 320'h St @ I-5: $34,100
Total $235,900
9.6 Surface Water Mitigation. The following stonnwater 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 stormwater detention pond to meet
Level 2 flow control standards.
9.6.2 Consistent with the Process IV Hearing Examiner Decision, CFC shall design and
construct all runoff from the Sanctuary roof for the two-year storm event to be collected
and dispersed through percolation trenches to maintain wetland hydrology in the westerly
wetland.
9.6.3 CFC shall design and construct all surface water treatment facilities from the East
and West 1 subcatchments to include the use of Stormwater Management® filter vault
systems which meet or exceed Resource Stream Protection standards.
9.6.4 CFC shall design and construct stormwater discharge facilities entering into
wetlands or buffers as percolation or infiltration trenches and discharges to wetland
buffers in a dispersed manner consistent with the Process IV Hearing Examiner Decision,
Exhibit H 7 to the Concomitant Agreement and Development Agreement between the City
of Federal Way and the Christian Faith Center recorded under King County Recording
No. 20040819000548 and incorporated herein by this reference, and as approved by the
Director of Public Works.
9.6.5 CFC shall provide, prior to issuance of Building Permit, an Integrated Pest
Management Plan as described in the Ecology Stormwater Manual (Ecology 2001). This
source control BMP shall outline control of fertilizer and pesticide application, soil
erosion, and site debris, and include the use of pesticides/herbicides only as a last resort.
9.7 Wetland Mitigation. CFC shall comply with all conditions contained in the Process IV
Hearing Examiner Decision dated April 23, 2004, Exhibit H to the Concomitant Agreement and
Development Agreement between the City of Federal Way and the Christian Faith Center
recorded under King County Recording No. 20040819000548 and incorporated herein by this
reference, and as approved by the Director of Public Works.
10. Other Project Review Processes and Minor Modifications.
10.1 Other Project Review Processes. The Project will be subject to building permit review
and other applicable review processes. The final design of the buildings and other
improvements, precise location of building footprints, location of utilities, determination of
access points, and other design issues will be determined during that process and must be
consistent with the Agreement.
10.2 Modifications. Minor modifications to the Plan may be approved by the Director of
Community Development Services and processed in accordance with FWCC 22-1680. Factors
to be considered by the Director of Community Development Services when determining if a
modification to the Plan is minor include but are not limited to the following:
a. Activity changes (excluding change of use of the principal use or expansion of
accessory uses as specified herein) or increases in square footage of gross floor area
as defined by FWCC 22-1 that do not result in significant additional or modified trip
generation or distribution.
10
b. Changes in the location or number of access points that do not impact traffic safety or
modify trip distribution.
c. Requests for modification of landscaping pursuant to FWCC 22-1570.
d. Removal of significant trees in conjunction with other actions deemed minor.
e. Addition of fewer than 20 parking stalls outside of areas containing "significant
trees," as defined by the FWCC.
f. Exterior changes that do not significantly add to or alter approved architectural
design.
g. Actions that do not result in impacts to the environment pursuant to the State
Environmental Policy Act requiring issuance of a mitigated threshold determination
of nonsignificance.
h. Actions that do not require review by the hearing examiner.
A modification is not minor if the Director of Community Development Services
determines that there will be substantial changes in the impacts on the neighborhood or the city
as a result of the change. Modifications that are not minor modifications are major
modifications and shall require City Council approval pursuant to FWCC 22-1680.
11. Waiver and Mutual Release of Claims of Invalidity. The City and CFC acknowledge and
represent that the terms of this Agreement have been jointly negotiated and that each party enters into
this Agreement voluntarily. Further, CFC and the City agree that this Agreement is authorized under
law and each party waives any claim that the Agreement is invalid or illegal. The agreements and
representations in this Section are material to this Agreement and are being relied upon by both parties.
12. General Provisions.
12.1 Binding on Successors.
12.1.1 The Agreement shall bind and inure to the benefit of the Parties and their
successors in interest, and may be assigned to any successor in interest to the Project
properh'-
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.
IF
12.4 Authority. 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 IntegXation--Segn of Apieement. This Agreement and its exhibits represent the entire
agreement of the Parties with respect to the subject matter hereof. There are no other
agreements, oral or written, except as expressly set forth herein. This Agreement does not set
forth all conditions applicable to the Project to the extent that additional conditions may be
imposed as part of any permit issued by the City, as required by the Federal Way City Code as
determined by the discretion of the Directors of the Departments of Community Development
Services and/or Public Works.
12.9 Enforcement. Subject to the notice and cure provisions of this section, in the event either
party fails to satisfy any of its obligations under this Agreement, the other party shall have the
right to enforce this Agreement by an action at law for damages or in equity for specific
performance. The Parties acknowledge that damages are not an adequate remedy for breach by
either party. In addition to the remedies set forth herein, in the event of a breach of this
Agreement by CFC, the City may enforce this Agreement under the enforcement provisions of
the Federal Way City Code in effect at the time of the breach and/or it may terminate this
Agreement and take action to amend the Comprehensive Plan and zoning designation of the
Property. No party shall be in default under this Agreement unless it has failed to perform its
duties or obligations under this Agreement for a period of thirty (30) days after written notice of
default from the other party. A notice of default shall specify the nature of the alleged default
and the manner in which the default may be cured. If the nature of the default is such that it
cannot be reasonably cured within thirty (30) days, then a party shall not be deemed in default if
the party commences a cure within thirty (30) days and, thereafter, diligently pursues
completion of the cure.
12.10 Attomeys Fees. In any action brought to enforce this Agreement or for damages resulting
12
from a breach thereof, the prevailing party as determined by the court, shall be entitled to recover
its reasonable attorneys' fees.
12.11 Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit
the police. powers of the City granted by the Washington State Constitution or by general law.
This. Agreement is an exercise of the City's police powers, the authority granted under RCW
36.70B. 170-.2 10, 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 WTI'NESS WHEREOF the parties have hereunto placed their hand and seals on the day and year
indicated.
CITY OF FEDERAL WAY,
a Washington municipal corporation
BY: hzd- -,&rtP
Neal Beats, City Manager
Date: 697
ATTEST: This day of , 20a'l;
Lau athaway, �CMC"
Federal Way City Clerk
Approved as to Form
for City f Federal Way:
Attorney, Patricia -chardson
12
CHRISTIAN FAITH CENTER,
a Washingjo;�nonprofit corppt-al
Id
Approved as to Form
for CeChristian Faith Center-
� /4 (, 11iPiA
r�
Brianbawler
Lawl4r Burroughs & Baker, PC
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
On this day, personally appeared before me, the undersigned, a Notary Public in and for the State
of Washington, duly commissioned and sworn, Casey Treat to me known to be the President of
CHRISTIAN FAYM CENTER, a Washington non-profit corporation, the corporation that executed the
witMn 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 of _¢-�-G]�;1 , 2007.
�`` Ns\\N111111I
"If
OTA
i u► y a
'fe4P'2!9 Dek
1111w�
• (notary a
rC Q I N o
(typed/printed name of no }
Notary Public in and for the State
of Washington.
My commission expires:
I:1CFCVmmdment to Development Agreement\033007 Development Agreement.doc
13
EXHIBIT A
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
LEGAL DESCRIPTIONS OF PROPERTY
15
EXHIBITA
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 ❑F 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 RECORDE❑ UNDER NUMBER 8410170757.
SAI❑ INSTRUMENT BEING A RE-RECORD OF INSTRUMENT RECORDE❑ UNDER
RECORDING NUMBER 8111020670.
EXHIBITS B-1 & B-2
PHASE I AND PHASE II
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
DEVELOPMENT PLAN
16
(A
NATIVE GROWTH
PROTECTION TRACT
EXHIBIT B-1
PHASE
x
15
n
NATIVE GROWTH
PROTECTION TRACT
rh
NATIVE GROWTH
PROTECTION TRACT
EXHIBIT B-2
PHASE II
Ed
W
NATIVE GROWTH
PROTECTION TRACT
1f
his
.1
EXHIBITS C, C-1- C-6
PHASE 1 AND PRASE II
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
LIST OF PERMITTED ACCESSORY USES AND PHASING PLAN
17
EXHIBIT C
PHASE I & PHASE II CHART OF USES
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
LIST OF PERMITTED ACCESSORY USES
CHRISTIAN FAITH CENTER — CHART OF AREA USES
SANCTUARY FIRST FLOOR
SF — PHASE I
SF — PHASE II
Sanctuary/School Auditorium (includes stage) 4,500 seats
42,586.43
42,586A3
Multi -purpose rooms
8,817.94
8,817.94
Bookstore with caf6
3.702.16
3,702.16
Youth Church (multi -purpose rooms/chapel)
14,095.82
14,095.82
Children's Church (chapels, classrooms)
5,845.08
11,690.16
Christian Faith School In Chapel #1 area
5,845.08
0
Daycare
14,886.17
17,563.60
CFS school held In daycare area (K 1)
2,677.43
0
Music area - choir room (room behind stage)
1,772.37
1,772.37
Room 1300 - Prayer Room
1,613.67
1,613.67
Other areas (storage facilities, mechanical room,
computer/phone room, Tftudlo department, baptismal,
kitchen, distribulion center, hallways, facilities offices,
wedding chapel, meeting room, bathrooms, etc.)
62,477.14
62,477.14
1" Floor Sub -total Phase 1 164,319.29 Phase II 164,319.29
SANCTUARY SECOND FLOOR SF — PHASE 1 SF — PHASE II
Dominion College (future multi -purpose rooms, classrooms,
library and staff offices) 0 21,062.82
Christian Faith School 21,062.82 0
Administrative offices 18,268.96 18,288.96
Other areas (storage facilities, hallways, bathroom, etc.) 41 ,828.93 14,828.93
04 Floor Sub -total Phase 1 54,180.71 Phase II 54,180.71
Grand Total Phase 1 218,500.00 Phase II 218,500,00
CHRISTIAN FAITH SCHOOL SF — PHASE I SF — PHASE II
Christian Faith School (Private School) 900 students 0 101,626.00
CFS Sub -total Phase 1 0 Phase II 101 526. 0
CFS Grand Total Phase 10 Phase 11 101,526,00
(11,158 SF
uwaE MEA)
nil
NOT TO SCALE
CHRISTIAN FAITH CENTER
SANCTUARY BUILDING -FIRST FLOOR
EXHIBIT CA - PHASE I, FIRST FLOOR
PRIOR APPROVED 11 AREA
(OILY M V&L CNM M FOR WAM I)
(5.M SF - USEABLE AREA)
SF -
E AREA)
PF" APPROVED n AREA
(CkV us£ ILL c31AMM FOR RUM 1)
t�aFalo
®'P AREA — 17.4nM SF
(n UWABCE AREA- 14= SF)
®5tt1Q01. n AREA - I0.13LIS SF
(9diLrA, n US. 4 F ►Fix- 41m SF)
® IAWA-2Rs
CHRISTIAN FAITH CENTER
SANCUTARY BUILDING - SECOND FLOOR
EXHIBIT C.2 -, SECOND FLOOR
261 SF 21.06ZB2 SF
SCHOOL (20,664 SF - USEABLE AREA)
NOT TO SCALE
CHRISTIAN FAITH CENTER
CONCEPTUAL SCHOOL BUILDING - FIRST FLOOR
EXHIBIT C.3 - PHASE II
FIHSI FLUUH
N.T.S.
CHRISTIAN FAITH CENTER
CONCEPTUAL SCHOOL BUILDING- SECOND FLOOR
EXHIBIT CA - PHASE II
SECOND FLOOR
N.T.S.
CHRISTIAN FAITH CENTER
SANCTUARY BUILDING - FIRST FLOOR
EXHIBIT C.5 - PHASE II, FIRST FLOOR
w2o wEous T^ oAY'CDAYCAREj
? v�afutiCLf4Y=1J -�+-.
'iTi,
IMTH
AW
h
SIWCiUARY _ ill I L
NOT TO SCALE
CHRISTIAN FAITH CENTER
SANCTUARY BUILDING - SECOND FLOOR
EXHIBIT C.6 - PHASE II, SECOND FLOOR
* t'
EXHIBIT F
TO CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
CONCEPTUAL FLOOR PLAN
THIS EXHIBIT HAS BEEN REPLACED BY EXHIBITS Cl-C6
18
EXHIBITS D. E, G & H
Are attachments D, E. G & H to the Concomitant
Agreement and Development Agreement between the
City of Federal Way and the Christian Faith Center
recorded under King County Recording No.
20040819000548, and are incorporated herein by this
reference.
19