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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