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13-105282-UP
CITY of 40t�L Federal Way February 5, 2015 Connie Guffey Plumb Signs Inc. 909 South 28"' Street Tacoma, WA 98409 CITY HALL FILE 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cltyoffederalway.. com RE: File #13-105282-00-UP; PROCESS I `DIRECTOR'S APPROVAL' Christian Faith Center — Illuminated Crosses, 33832 Pacific Hwy South, Federal Way Dear Ms. Guffey: The Community Development Department has completed review of the Process I Master Land Use (MLU) application to install three (3) illuminated crosses at the above -mentioned location. The Process I MLU application is hereby approved pursuant to conclusions based on findings made by the Department's Planning Division. CONCLUSIONS Various sections of the zoning and development code indicate that certain developments, activities, or uses are permitted only if approved using Process I — Director's Approval. Based on the findings below, the proposed improvements to the developed site meet the following Process I approval criteria and land use review thresholds of Federal Way Revised Code (FWRC) 19.15.030(1) and 19.55.020: 1. The proposed improvements are consistent with applicable chapters and articles of FWRC Title 19 including, but not limited to: Permits and Review Processes; Process I — Director's Approval; Community Design Guidelines; Accessory Uses; and Community Business (BC). 2. The health, safety, and welfare of the citizens of the city are preserved. 3. The proposal is a minor improvement, modification, or addition to a site that is exempt from SEPA review. FINDINGS The scope of work has been modified from the original proposed submittal. The proposal being reviewed is for three (3) illuminated crosses located along the Pacific Hwy entrance only; one 35 feet tall and two 25 feet tall. The zoning for the subject property is split between Community Business (BC) and Multi- family Residential (RM3600) zoning. The existing church is located in the RM3600 zoned parcels and is an allowed use subject to the concomitant and development agreement. The illuminated crosses, which are located in the BC zone, are considered accessory to the existing church but are not subject to the concomitant agreement. The crosses must meet the requirements of FWRC 19.220.130, `Churches', and are considered a minor improvement that does not exceed the thresholds for Process I per FWRC 19.15.030(1). The proposed crosses are setback 30 feet from the property line along Pacific Hwy. The proposal meets the setback and height requirements. The crosses do not create new impervious area, do not reduce the amount of requited landscaping, buffering, open space, or public areas; and do not change pedestrian connections, utilities, or easements. BUILDING PERMIT ISSUANCE REQUIRED The City's Building Division is currently reviewing the associated building permit (File #'s 14-100101- CO) for the crosses located along Pacific Hwy South. No work may begin until the building permit is issued. Please contact the permit center at 253-835-2607, or permitcenter@cityoffederalway.com, if you have any questions regarding the permit. APPEALS The effective date of this decision is February 8, 2015, or three days from the date of this letter. Pursuant to FWRC 19.55.150, any person who received notice of the administrative decision may appeal this decision to the Federal Way Hearing Examiner by February 23, 2015. Any appeal must be in the form of a letter delivered to the Department of Community Development with the established fee. The appeal letter must contain a clear reference to the matter being appealed and a statement of the alleged errors in the Director's decision, including the identification of specific findings and conclusions made by the Director disputed by the person filing. In that you are the only parry of record, your appeal period is waived (assuming you do not wish to appeal this decision). Waiver of the right to appeal does not affect the effective date of this decision. CLOSING This land use decision does not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. This Process I approval is valid for one year from the effective date of this decision. If no further action is taken within one year, this decision will expire. Per FWRC 19.15.110, a one-year extension may be granted if a written request is submitted to the City's Community Development Department at least 30 days prior to the expiration of the decision. This Process I approval does not constitute approval of a building. If you have any questions regarding this decision, please contact Becky Chapin, Associate Planner, at 253-835-2641, or becky.chapin@cityoffederalway.com. Sincerely, Isaac Conlen, Planning Manager for Larry Frazier, Interim Director enc: Approved Site Plan and Elevations e: Becky Chapin, Associate Planner 13-105282 Doe. I.D. 67735 ilia},i1�-:1131� « _�... �•_..._______-- - � r r f h -- 3fl'srSba�kti �m•RL i Wa Vow Prop Line 3 tt .rom sidewal Q4 0 ft. frc ri sidewalk 4 _ 2 a 1'p a j • L � 4r 7 mw 'f '-'p Ivnb signs 0 0 M 12'-8" f -- — — -� 3��- ELEVATION L41 CONNECTION DETAIL x W co En CIP STRUCTURAL i"ECHNOL®GY CONSULTANTS 7827 CONVOY COURT, SUITE 406, SAN DIEGO, CA 92111 PHONE NO.: 858,278.2400 FAX NO,: 858.278.2424 �2 g PROJECT: CHRISTIAN FAITH CENTER, 33645 20TH AVE. S, FEDERAL WAY, WA SHEET: 1 OF 1 0 0 PRO]. NO.: 1438-48B DESIGNER: LR DATE: 10-18-13 CLIENT: PLUMB SIGNS SIGN TYPE: CROSS QUANTITY: 1 dw _ DESIGN CRITERIA: Z� CODE: 2012 IBC w W WIND: BASIC WIND SPEED: 120 MPH (3 SEC. GUST), EXPOSURE: C, RISK CAT.: II < a SEE WIND CALCULATIONS FOR DESIGN WIND PRESSURES Z SOIL: CLASS 5 (100 PSF - LATERAL BEARING) (1500 PSF - ALLOWABLE PRESSURE), (TABLE 1806.2) m �W w CONTRACTOR'S RESPONSIBILITY. THE CONTRACTOR SHALL FIELD VERIFY THAT EXISTING AND PROPOSED SITE CONDITIONS ARE CONSISTENT WITH THESE DRAWINGS PRIOR o TO THE START OF ANY WORK. NOTIFY ENGINEER OF RECORD IMMEDIATELY IF SITE CONDITIONS VARY FROM THESE DRAWINGS. ? G CONTRACTOR (INSTALLER) IS RESPONSIBLE FOR THE MEANS AND METHODS OF CONSTRUCTION AND JOBSITE SAFETY. N o Zs SCOPE OF WORK: a� THE SCOPE OF STC'S DESIGN IS LIMITED TO THE POLE, HORIZONTAL FRAME, AND FOOTING. ALL OTHER ITEMS ARE EXCLUDED, Z o INCLUDING, BUT NOT LIMITED TO THE ATTACHMENT OF ANY ARCHITECTURAL ELEMENT TO THE SUPPORT POLE AND HORIZONTAL FRAME. 3 0 ANY MODIFICATIONS TO STC'S DESIGN SHALL BE REVIEWED AND APPROVED BY A LICENSED ENGINEER. a STRUCTURAL TECHNOLOGY CONSULTANTS (STC) DESIGN IS BASED ON DRAWINGS AND DIMENSIONS PROVIDED TO STC BY OTHERS. THE ¢ s SIGN MANUFACTURER AND SIGN INSTALLER SHALL VERIFY ALL FINAL DIMENSIONS AS SHOWN ON THE ENGINEERING DRAWINGS AND THE SHOP DRAWINGS, AND SHALL BE RESPONSIBLE TO ENSURE THE FIT OF ALL SIGN COMPONENTS. o GENERAL NOTES: 1. SOIL: NO SPECIAL INSPECTION REQUIRED. IF SOFT OR SANDY SOIL, CLAY, COLLAPSING OR UNSTABLE SOIL, ORGANIC MATERIALS so8 OR GROUNDWATER ARE ENCOUNTERED, IMMEDIATELY CONTACT GEOTECHNICAL ENGINEER OR ENGINEER OF RECORD FOR o ADDITIONAL FOUNDATION REQUIREMENTS. 12 Z 6 2. IF THE SOIL UNDER THE STRUCTURE INCLUDES CLAY, OR OTHER EXPANSIVE MATERIALS, IT IS RECOMMENDED TO REPLACE THE Z SOIL WITH COMPACTED (95%) GRANULAR SOIL OR IMPLEMENT METHODS TO ACCOMMODATE POTENTIAL EXPANSION. 0 6 o m1 3. CONCRETE: USE fc=3000 PSI CONCRETE. (CONCRETE STRENGTH DESIGNED AS Fc=2500 PSI MIN.). SPECIAL INSPECTION IS NOT = w z REQUIRED. CONCRETE USE AND CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE GUIDELINES SET FORTH IN ACI 304. m 4. HSS SQUARE OR RECTANGULAR STEEL: ASTM A500, GRADE B (Fy=46 KSI MIN.). 50 5. PROVIDE SPECIAL INSPECTION FOR FIELD WELDING PER CODE SECTION 1705 AND 1705. 6. STEEL WELDING: ALL WELDING SHALL BE PERFORMED BY AWS QUALIFIED WELDERS USING E70 ELECTRODES OR WIRES, AND AWS E APPROVED SYSTEMS AND PROCEDURES, IN ACCORDANCE WITH AWS Dl.1/D1.1M: 2010 STRUCTURAL WELDING CODE - STEEL. 2 7. ALL FABRICATION SHALL OCCUR IN THE SHOP OF AN APPROVED FABRICATOR, AS DESIGNATED BY THE LOCAL BUILDING DEPARTMENT. � w 8. PROVIDE A PROTECTIVE COATING TO MINIMIZE CORROSION FOR ALL STEEL MEMBERS EXPOSED TO WEATHER, MOISTURE, OR SOIL. Z Z m 9. PROVIDE ISOLATION OF DISSIMILAR MATERIALS INCLUDING A PROTECTIVE COATING FOR ALL ALUMINUM TO BE IN CONTACT WITH w¢Z STEEL OR CONCRETE. (EXAMPLE: NEOPRENE BARRIER, PLASTIC WASHER, ZINC COATING, OR SIMILAR.) S 10. PROVIDE SLOPE AWAY FROM BASE OF SUPPORT. o m 11. IT IS THE RESPONSIBILITY OF THE OWNER OR OWNER'S REPRESENTATIVE TO MONITOR STRUCTURAL ELEMENTS AND FASTENERS w' z FOR DAMAGE, CORROSION, OR DETERIORATION. o 00. = 0 n u z w oY 4VASy� y ' 0�0 ter y z RESUBMI17ED -0 � a' zx� Lop� � w ono pf� �G 3240-4 ; !Q w 0- r 1� RRL�i%,JAN 0$ 2" Co J � O d V CITY OF FEDERAL WAYCDS x y o 3: PL 3/8 8 , PL 1/4 - 3/16 �- BOTTOM SIDE ONLY MIN GAP -' 3/16 MAX. J N �:. 1/8 2-6 4 PLACES 3/16 (EVENLY f 3/16 2-6 SPACED) 3/4 x 1-1/2 r `4 * PROVIDE WATER -PROOF SEALANT ON TOP SIDE OF CAP PLATE TO PREVENT WATER FROM ENTERING GAP BETWEEN THE CAP PLATE & UPPER PIPE SPLICE DETAIL B w:_=_ rrtic 1 0Ln 0 !f �f - — o. I1 N C1P f CONNECTION DETAIL 1. 5D E NTS. -- M N .-1 I i S 1 21'-3"t V-6" HSS 8x8x%4 f I. � 3-0110 ��I ELEVATION ..VAT f: W - 1'•0' co — Ln Ln 2 STRUCTURAL TECHNOLOGY CONSULTANTS 7827 CONVOY COURT, SUITE 406, SAN DIEGO, CA 92111 PHONE NO.: 858.278.2400 FAX NO,: 858.278.2424 PROJECT: CHRISTIAN FAITH CENTER, 33645 ZOTH AVE. S, FEDERAL WAY, WA SHEET: 1 OF 1 PROJ. NO,: 1438-48A DESIGNER: LR DATE: 10-17-13 CLIENT: PLUMB SIGNS SIGN TYPE: CROSS QUANTITY: 1 DESIGN CRITERIA: CODE: 2012 IBC WIND: BASIC WIND SPEED; 120 MPH (3 SEC. GUST), EXPOSURE: C, RISK CAT.: II SEE WIND CALCULATIONS FOR DESIGN WIND PRESSURES SOIL: CLASS 5 (100 PSF -LATERAL BEARING) (1500 PSF -ALLOWABLE PRESSURE), (TABLE 1806.2) CONTRACTOR'S RESPONSIBILITY; THE CONTRACTOR SHALL FIELD VERIFY THAT EXISTING AND PROPOSED SITE CONDITIONS ARE CONSISTENT WITH THESE DRAWINGS PRIOR TO THE START OF ANY WORK. NOTIFY ENGINEER OF RECORD IMMEDIATELY IF SITE CONDITIONS VARY FROM THESE DRAWINGS. CONTRACTOR (INSTALLER) IS RESPONSIBLE FOR THE MEANS AND METHODS OF CONSTRUCTION AND JOBSITE SAFETY, t SCOPE OF WORK: THE SCOPE OF STC'S DESIGN IS LIMITED TO THE POLE, POLE SPLICE, HORIZONTAL FRAME, AND FOOTING, ALL OTHER ITEMS ARE EXCLUDED, INCLUDING, BUT NOT LIMITED TO THE ATTACHMENT OF ANY ARCHITECTURAL ELEMENT TO THE SUPPORT POLE AND HORIZONTAL FRAME. ANY MODIFICATIONS TO STC'S DESIGN SHALL BE REVIEWED AND APPROVED BY A LICENSED ENGINEER. STRUCTURAL TECHNOLOGY CONSULTANTS (STC) DESIGN IS BASED ON DRAWINGS AND DIMENSIONS PROVIDED TO STC BY OTHERS. THE SIGN MANUFACTURER AND SIGN INSTALLER SHALL VERIFY ALL FINAL DIMENSIONS AS SHOWN ON THE ENGINEERING DRAWINGS AND THE SHOP DRAWINGS, AND SHALL BE RESPONSIBLE TO ENSURE THE FIT OF ALL SIGN COMPONENTS. GENERAL NOTES: 1. SOIL: NO SPECIAL INSPECTION REQUIRED, IF SOFT OR SANDY SOIL, CLAY, COLLAPSING OR UNSTABLE SOIL, ORGANIC MATERIALS OR GROUNDWATER ARE ENCOUNTERED, IMMEDIATELY CONTACT GEOTECHNICAL ENGINEER OR ENGINEER OF RECORD FOR ADDITIONAL FOUNDATION REQUIREMENTS. 2. IF THE SOIL UNDER THE STRUCTURE INCLUDES CLAY, OR OTHER EXPANSIVE MATERIALS, IT IS RECOMMENDED TO REPLACE THE SOIL WITH COMPACTED (95%) GRANULAR SOIL OR IMPLEMENT METHODS TO ACCOMMODATE POTENTIAL EXPANSION. 3. CONCRETE: USE Pc=3000 PSI CONCRETE, (CONCRETE STRENGTH DESIGNED AS F'c=2500 PSI MIN.), SPECIAL INSPECTION IS NOT REQUIRED, CONCRETE USE AND CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE GUIDELINES SET FORTH IN ACI 304, 4. HSS SQUARE OR RECTANGULAR STEEL: ASTM A500, GRADE B (FV=46 KSI MIN.). 5. PROVIDE SPECIAL INSPECTION FOR FIELD WELDING PER CODE SECTION 1705 AND 1705, 6. STEEL WELDING: ALL WELDING SHALL BE PERFORMED BY AWS QUALIFIED WELDERS USING E70 ELECTRODES OR WIRES, AND AWS APPROVED SYSTEMS AND PROCEDURES, IN ACCORDANCE WITH AWS D1.1/D1.1M: 2010 STRUCTURAL WELDING CODE - STEEL. 7. ALL FABRICATION SHALL OCCUR IN THE SHOP OF AN APPROVED FABRICATOR, AS DESIGNATED BY THE LOCAL BUILDING DEPARTMENT. 8. PROVIDE A PROTECTIVE COATING TO MINIMIZE CORROSION FOR ALL STEEL MEMBERS EXPOSED TO WEATHER, MOISTURE, OR SOIL 9. PROVIDE ISOLATION OF DISSIMILAR MATERIALS INCLUDING A PROTECTIVE COATING FOR ALL ALUMINUM TO BE IN CONTACT WITH STEEL OR CONCRETE. (EXAMPLE: NEOPRENE BARRIER, PLASTIC WASHER, ZINC COATING, OR SIMILAR.) 10. PROVIDE SLOPE AWAY FROM BASE OF SUPPORT. 11. IT IS THE RESPONSIBILITY OF THE OWNER OR OWNER'S REPRESENTATIVE TO MONITOR STRUCTURAL ELEMENTS AND FASTENERS FOR DAMAGE, CORROSION, OR DETERIORATION. DMA MDpG P� Q� WASF�� �co ui c Z RESUBMITTED ..32494. JAN 0 8 2015 A CITY OF FEDERAL WAY JQI2, [is CDS J SIGNS A, S, C Proposed Layout 8" (signs 2-3) & 12" (sign 4) thick Wall steel square tube support. Paint White. 5" deep aluminum channel cross symbol. Paint White. 1" F style retainer. Paint White. White plex faces. White LED illumination. Concrete footing per structural calculations. i LA 5.00" 11 Sign �. - S/F Y 8" steel support 12- 1'- 3" ni l 1 Sign - S/F 1 I I I I V Sign - S/F 12" steel support 8' steel support Ln N RESUBMITTED DRAWING 10 JOB NAME CHRISTIAN FAITH CENTER 20768 CUSTOMER JAN 0 8 _� '$ALES Warren Wissmer START DATE 07.18.13 SCALE PAGE/S 20768 LOCATION FEDERAL WAY, WA APPROVAL X DATE Uly _ DESIGNER M Lee REVISION R5 12.12.14 3116"=1' 2 of 3 PLUMB SIGNS, INC. 909 S 28TH ST TACOMA, WA TEL 253 473-3323 FAX 253 472-3107 PLUMBSIGNS.COM Q COPYRIGHT 2013 PLUMB SIGNS, INC. ALL RIGHTS RESERVED, NO PART OF THIib OW16E REPRODUCED IN ANY FORM WITHOUT WRITTEN PERMISSION FROM PLUMB SIGNS, INC. APCONSULTING ENGINEERS PLLC CIVIL ENGINEERING FOUNDATION ANALYSIS N n C co �3 T)"� p to U' O Q N D��-J zQ]�' _°moo n N c m Z m 70 FEBRUARY 5, 2016 APCE PROJECT #2016004 PREPARED FOR: xm E. PNtt CHRISTIAN FAITH CENTER SIGN WAS 0 33645 20TH AVENUE SOUTH FEDERAL WAY, WA 98003 5� 016, pa� F43211� AT THE REQUEST OF: �tq faNAL� RECEIVED PLUMB SIGNS, INC. 909 SOUTH 28TH STREET FEB 0 $ 2016 TACOMA, WA 98409 AEPaul@APConsultingEngineers.com (253) 347-0887 PO Box CDS nY APCONSULTING ENGINEERS PLLC CIVIL ENGINEERING APCEQAPConsullegbginee Wm (253)347-0887 PO BOX 162. AUBUR NIA 98071 114 HSS8"00.250" THK STEEL TUBE -0" 25'-6" 8'-1" MIN JOB i - - (]ri SHEET NO. OF CALCULATED BY AEP DATE 20) CHECKED BY DATE SCALE N 9 1. ,4 f ►, CLADDING BY OTHERS — HSS8"x8"x0.250" THK STEEL TUBE 1'-6" TYP --- MIN 3"CLR 1-6" TYP (TYP) ❑ (2) #4's CLR (TYP) N N Q Z p p F p v r r W q S S X x U m Q o $ W 2 O O ClUi O z Z Z O Er lu w �- 1 w z 2 w z z z w x x w r r U r 2 r Z z z O d W LL uj .W. O W O W' $ K tq cn co O' C ca d K K it i= U �o o �o CL I" w L 4 d z N N O Z Q Z U o� w a w 4-1 0 � � ww O 'n r N p a z W w x ¢� N r U C3 a = N C � — v � z s 0WW3m m Wr w U w U 0 m LL U O U U THIS SIGN FOUNDATION ANALYSIS IS BASED ON SOIL LATERAL BEARING PRESSURES TAKEN FROM TABLE 1806.2 OF THE 2012 IBC AND SOIL TYPES BASED ON THE KING COUNTY SOIL SURVEY. IF SITE CONDITIONS DIFFER FROM THESE ASSUMPTIONS, THE ENGINEER MUST BE NOTIFIED SO THAT THE ANALYSIS MAY BE UPDATED TO REFLECT ACTUAL SITE CONDITIONS. D PRODUCT 207 AP CONSULTING ENGINEERS PLLC ` PO Box 162, Auburn, WA 98071 PROJECT NAME: CHRISTIAN FAITH CENTER CROSS FOUNDATION 33645 20th Avenue South, Federal Way, WA 98003 SCOPE OF WORK: Determine the column and footing requirements for the sign subject to static wind loading per the 2012 International Building Code and ASCE 7-10. All sign material and connections to column by others. DESIGN CRITERIA: Basic Wind Speed: V = 110 MPH Exposure Category: B Total Height of Sign: 35 FT Nominal Height of Atmospheric Boundary layer: z, = 1200 FT Power Law Exponent: a = 7 Exposure Constant: z,,,h, = 30 FT Turbulence Factor: c = 0.3 Integral Length Scale Factor: 1= 320 FT Integral Length Scale Exponent: e... = 0.33 Mean Hourly Wind Exponent: a... = 0.25 Mean Hourly Wind Factor: bBVe = 0.45 Period Coefficient: C, = 0.02 Period Coefficient: x = 0.75 Approximate Fundamental Period: T. = 0.29 SEC DESIGN LOADS: Top Sign: Height: 8 FT Width: 1.50 FT Point of Wind Load Application: 31.00 FT Sign Area: Af p = 12.0 FT' Velixily Pressure. qh = 0.00256K,,K,.,K,V2 Exposure Coefficient: K,, = 0.73 K., = 1.0 Kd = 0.85 qh = 19.3 LB/FTZ Gust Factor: G = 0.925(1+1.7gQI.Q)/(1+1.7g I�) Intensity of Turbulence: L = 0.305 gQ = 3.40 9V = 3.40 Equivalent height of structure: z1V1 = 30.0 Background Response: Q = 0.927 L__ = 310.0 Rigid Gust Factor: G = 0.882 Clearance Ratio: Heights;,./Height,.,., = 0.229 Aspect Ratio: Width,;,,,/Height;,, = 0.188 Net Force Coefficient: Cf = 1.86 Design Wind Force: F = q,,GCfAf = 378.7 LB Overturning Moment: 11739 LB -FT Bottom Sign: Height: 1.5 FT Width: 15.42 FT Point of Wind Load Application: 25.58 FT ASCE 7-10 FIGURE 26.54C ASCE 7-10 SECTION 26.7.3 ASCE 7-10 TABLE 26.9-1 ASCE 7-10 TABLE 26.9-1 ASCE 7-10 TABLE 26.9-1 ASCE 7-10 TABLE 26.9-1 ASCE 7-10 TABLE 26.9-1 ASCE 7-10 TABLE 26.9-1 ASCE 7-10 TABLE 26.9-1 ASCE 7-10 TABLE 26.9-1 ASCE 7-10 TABLE 12.8-2 ASCE 7-10 TBLE 12.8-2 ASCE 7-10 Egn.12.8-7 ASCE 7-10 Eqn. 29.3-1 ASCE 7-10 TABLE 29.3-1 ASCE 7-10 SECTION 26.8 & FIGURE 26.8-1 ASCE 7-10 TABLE 26.6-1 ASCE 7-10 Eqn. 26.9-6 ASCE 7-10 Eqn. 26.9-7 ASCE 7-10 SECTION 26.9.4 ASCE 7-10 SECTION 26.9.4 ASCE 7-10 SECTION 26.9.4 ASCE 7-10 Eqn. 26.9-8 ASCE 7-10 Eqn. 26.9-9 ASCE 7-10 FIGURE 29.4-1 ASCE 7-10 FIGURE 29.4-1 ASCE 7-10 FIGURE 29.4-1 ASCE 7-10 Eqn. 29.4-1 . ASCE 7-10 FIGURE 29.4-1 job No. 20160004 2/4/2016 AP CONSULTING ENGINEERS PLLC PO Box 162, Aubum, WA 98071 Height of Top of Sign Above Grade: 26.33 FT Afb.1,_ = 23.125 FT Velocity Pressure: qh = 0.00256Ki,K,,KdVZ Exposure Coefficient: Kh = 0.675 K., = 1 Kd = 0.85 qh = 17.8 LB/FTZ Gust Factor: G = 0.925(1+1.7gQI�Q)/(1+1.7g IJ Intensity of Turbulence: I. = 0.305 gQ = 3.40 g,. = 3.40 Equivalent height of Zave = 30 Background Response: Q = 0.921 L. a e = 310.0 Rigid Gust Factor: G = 0.879 Clearance Ratio: Heights;,,,/Heightfof"1= 0.057 Aspect Ratio: Widths; /Heights;, = 10.278 Net Force Coefficient: Cf = 1.85 ASCE 7-10 Eqn. 29.3-1 ASCE 7-10 TABLE 29.3-1 ASCE 7-10 SECTION 26.8 & FIGURE 26.8-1 ASCE 7-10 TABLE 26.6-1 ASCE 7-10 Eqn. 26.9-6 ASCE 7-10 Eqn. 26.9-7 ASCE 7-10 SECTION 26.9.4 ASCE 7-10 SECTION 26.9.4 ASCE 7-10 SECTION 26.9.4 ASCE 7-10 Eqn. 26.9-8 ASCE 7-10 Eqn. 26.9-9 ASCE 7-10 FIGURE 29.4-1 ASCE 7-10 FIGURE 29.4-1 ASCE 7-10 FIGURE 29.4-1 Design Wind Force: F = ghGCfAf = 668.5 LB ASCE 7-10 Eqn. 29.4-1 Overturning Moment: 17102 LB -FT ASCE 7-10 FIGURE 29.4-1 Columns. Number of Columns 1 Column Type (TS or Pipe): HSS 8"x8"xl/4" Section Size: 8"x8"x1/4" Column/Cladding Width: 18.0 IN Horizontal Projection: 18.0 IN Centroid of Column: 13.5 FT Height of Column Above Grade: 27 FT Total of Column Areas: 40.5 FT' I: I = 70.7 IN° Modulus of Elasticity: E = 29000 KSI Stiffness: k= 143.46 K•INZ/FT3 Velocity Pressure: qh = 0.00256KhK�,KdV2 Exposure Coefficient: Kh = 0.680 Kz, = 1 Kd = 0.85 qh = 17.9 LB/FTZ Gust Factor: G = 0.925(1+1.7gQI�Q)/ (1+1.7g IJ Intensity of Turbulence: I. = 0.305 gQ = 3.40 g,. = 3.40 Equivalent height of ASCE 7-10 Eqn. 29.3-1 ASCE 7-10 TABLE 29.3-1 ASCE 7-10 SECTION 26.8 & FIGURE 26.8-1 ASCE 7-10 TABLE 26.6-1 ASCE 7-10 Eqn. 26.9-6 ASCE 7-10 Eqn. 26.9-7 ASCE 7-10 SECTION 26.9.4 ASCE 7-10 SECTION 26.9.4 structure: ZOVe = 30 ASCE 7-10 SECTION 26.9.4 Background Response: Q = 0.927 ASCE 7-10 Eqn. 26.9-8 L. - = 310.0 ASCE 7-10 Eqn. 26.9-9 Rigid Gust Factor: G = 0.882 Clearance Ratio: Heights;,,,/Height,o,"i = 1.000 ASCE 7-10 FIGURE 29.4-1 Aspect Ratio: Widths;,,,/Heights;,,, = 0.056 ASCE 7-10 FIGURE 29.4-1 Net Force Coefficient: Cf = 1.79 ASCE 7-10 FIGURE 29.4-1 Design Wind Force: F = ghGCfAf = 1143.7 LB ASCE 7-10 Eqn. 29.4-1 Overturning Moment: 16984 LB -FT ASCE 7-10 FIGURE 29.4-1 TOTAL OVERTURNING MOMENT: 45825 LB -FT TOTAL WIND FORCE: 2191 LB HEIGHT OF RESULTANT FORCE: 20.92 FT Job No. 20160004 2/4/2016 AP CONSULTING ENGINEERS PLLC PO Box 162, Auburn, WA 98071 STEEL COLUMN DESIGN: AISC Section: ASTM A 500, Grade B Fy = Second Moment of Area I = S= Fb = 0.66*Fy*4/3 = Fb = M(base) fb = Deflection at Top d = Deflection Ratio = Height/ Torsion Design: Applied Torque = T = Outside Diameter = ro (,;de _ Torsion Constant = ) _ Maximum Shear Stress = tma, _ FOUNDATION DESIGN: Lateral Bearing Pressure: Allowable Increase: CONSTRAINED: NONCONSTRAINED: Combined Footing? Shape of Footing: Diameter: b= Allowable Lateral Pressure: S, _ S3 = A = 2.34*F/(Si*b) = A = Nonconstrained Depth of Footing: d = 36 KSI 70.7 IN' 17.7 IN 31.68 KSI 45825 LB -FT, each column 31.07 KSI < 31.68 KSI OK 10.73 IN 39 < 150 Excessive I ASCE 7-02, Figure 6-20, Note 3, Case B 2175 LB -FT 3.15 IN 111 INS 0.74 KSI < 31.68 KSI OK 150 PSF/FT IBC TABLE 1806.2 2.0 x IBC 1806.3.4 dZ = 4.25 [Mg/ (S3b)] d = 0.5A{1 + [1 + (4.36h/A)]3/2} No Round 3.00 FT 3.00 FT 808.1 PSF 2424.3 PSF 2.11 8.08 FT (<8'-1", therefore OK) job No. 20160004 2/4/2016 AT>CONSULTING ENGINEERS PLLC CIVIL ENGINEERING APCE@APConwllmgEginmm.wm (253) 347-0687 PO BOX 162, AUBURN,'NA 98D71 JOB �l —' &WmI r-z Zz SHEET NO. OF CALCULATEDBV , DATE I`—" CHECKED BY DATE SCALE Z rR `r-1 4F 0'���U,3�P0,�o71x76 Ks3�i&#c)] =moo,e &II =1 , 0 F" wtt4n avram, .:q� s � 4Qlg _17 D PRODUCT207 M Soil Map —King County Area, Washington (Christian Faith Center Cross Foundation) 47° 1B'SN 4P 174SN 5518DO 5519DO 55200D 55210D 552200 5523DO 3 h Map Smle: 1:4,300 Tprinted on A k3nds pe (11" x 8.5) sheet N is 0 SO "a 200 300 O 200 400projector:1200 00 Map projor: Web Me br Gomeraw dinates: WG584 Edge U6: URN Zone 1ON WGS84 USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey K 47° U4SN WS m 552-IM 5525W 552700 � 3 m m 2/4/2016 Page 1 of 3 Soil Map —King County Area, Washington Map Unit Legend Map Unit Symbol AgB AgC AmB EwC Tu Totals for Area of Interest USDA NaturalKeSources s Conservation Service King County Area, Washington (WA633) Map Unit Name I Acres in ACI Alderwood gravelly sandy loam, 0 to 8 percent slopes Alderwood gravelly sandy loam, 8 to 15 percent slopes Arents, Alderwood material, 0 to 6 percent slopes Everett-Alderwood gravelly sandy foams, 6 to 15 percent slopes Tukwila muck - i- Web Soil Survey National Cooperative Soil Survey Christian Faith Center Cross Foundation Percent of A01 34.8 31.9 1.7 14.1 41.0% 37.5% 1.9% 16.5% — . 1-.. - - - — 2..6 3.0% 85.0 : 100.0% 2/4/2016 Page 3 of 3 Engineering Properties ---King County Area, Washington Christian Faith Center Cross Foundation Engineering Properties This table gives the engineering classifications and the range of engineering properties for the layers of each soil in the survey area. Hydrologic soil group is a group of soils having similar runoff potential under similar storm and cover conditions. The criteria for determining Hydrologic soil group is found in the National Engineering Handbook, Chapter 7 issued May 2007(http:// directives.sc.egov.usda.gov/OpenNonWebContent.aspx?content=17757.wba). Listing HSGs by soil map unit component and not by soil series is a new concept for the engineers. Past engineering references contained lists of HSGs by soil series. Soil series are continually being defined and redefined, and the list of soil series names changes so frequently as to make the task of maintaining a single national list virtually impossible. Therefore, the criteria is now used to calculate the HSG using the component soil properties and no such national series lists will be maintained. All such references are obsolete and their use should be discontinued. Soil properties that influence runoff potential are those that influence the minimum rate of infiltration for a bare soil after prolonged wetting and when not frozen. These properties are depth to a seasonal high water table, saturated hydraulic conductivity after prolonged wetting, and depth to a layer with a very slow water transmission rate. Changes in soil properties caused by land management or climate changes also cause the hydrologic soil group to change. The influence of ground cover is treated independently. There are four hydrologic soil groups, A, B, C, and D, and three dual groups, AID, B/D, and CID. In the dual groups, the first letter is for drained areas and the second letter is for undrained areas. The four hydrologic soil groups are described in the following paragraphs: Group A. Soils having a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. Group B. Soils having a moderate infiltration rate when thoroughly wet. These consist chiefly of moderately deep or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. Group C. Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. Group D. Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink -swell potential, soils that have a high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. Depth to the upper and lower boundaries of each layer is indicated USDA Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 2/4/2016 Page 1 of 7 Engineering Properties ---King County Area, Washington Christian Faith Center Cross Foundation Texture is given in the standard terms used by the U.S. Department of Agriculture. These terms are defined according to percentages of sand, silt, and clay in the fraction of the soil that is less than 2 millimeters in diameter. "Loam," for example, is soil that is 7 to 27 percent clay, 28 to 50 percent silt, and less than 52 percent sand. If the content of particles coarser than sand is 15 percent or more, an appropriate modifier is added, for example, "gravelly." Classification of the soils is determined according to the Unified soil classification system (ASTM, 2005) and the system adopted by the American Association of State Highway and Transportation Officials (AASHTO, 2004). The Unified system classifies soils according to properties that affect their use as construction material. Soils are classified according to particle -size distribution of the fraction less than 3 inches in diameter and according to plasticity index, liquid limit, and organic matter content. Sandy and gravelly soils are identified as GW, GP, GM, GC, SW, SP, SM, and SC; silty and clayey soils as ML, CL, OL, MH, CH, and OH; and highly organic soils as PT. Soils exhibiting engineering properties of two groups can have a dual classification, for example, CL-ML. The AASHTO system classifies soils according to those properties that affect roadway construction and maintenance. In this system, the fraction of a mineral soil that is less than 3 inches in diameter is classified in one of seven groups from A-1 through A-7 on the basis of particle -size distribution, liquid limit, and plasticity index. Soils in group A-1 are coarse grained and low in content of fines (silt and clay). At the other extreme, soils in group A-7 are fine grained. Highly organic soils are classified in group A-8 on the basis of visual inspection. If laboratory data are available, the A-1, A-2, and A-7 groups are further classified as A-1-a, A-1-b, A-2-4, A-2-5, A-2-6, A-2-7, A-7-5, orA-7-6. As an additional refinement, the suitability of a soil as subgrade material can be indicated by a group index number. Group index numbers range from 0 for the best subgrade material to 20 or higher for the poorest. Rock fragments larger than 10 inches in diameter and 3 to 10 inches in diameter are indicated as a percentage of the total soil on a dry -weight basis. The percentages are estimates determined mainly by converting volume percentage in the field to weight percentage. Percentage (of soil particles) passing designated sieves is the percentage of the soil fraction less than 3 inches in diameter based on an ovendry weight. The sieves, numbers 4, 10, 40, and 200 (USA Standard Series), have openings of 4.76, 2.00, 0.420, and 0.074 millimeters, respectively. Estimates are based on laboratory tests of soils sampled in the survey area and in nearby areas and on estimates made in the field. Liquid limit and plasticity index (Atterberg limits) indicate the plasticity characteristics of a soil. The estimates are based on test data from the survey area or from nearby areas and on field examination. References: American Association of State Highway and Transportation Officials (AASHTO). 2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition. American Society for Testing and Materials (ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00. USDA Natural Resources Web Soil Survey 2/4/2016 6" Conservation Service National Cooperative Soil Survey Page 2 of 7 Engineering Properties ---King County Area, Washington Christian Faith Center Cross Foundation Engineering Properties -King County Area, Washington Map unit symbol and Pct. of Hydrolo Depth USDA texture Classification Fragments Percentage passing sieve number— Liquid Plasticit soil name map unit gic group Ilmit y index Unified AASHTO >10 3-10 4 10 40 200 inches inches AgB—Alderwood 1 gravelly sandy loam, 0 to 9 percent slopes { Alderwood 851 B In Pct Pct 0-7 Gravelly sandy loam GM, SM A-2, A-1 0-0-10 0-0-10 7-21 Very gravelly coarse SM, GP- A-1, A-2 0-0-10 0- 0- 20 sandy loam, GM, GM gravelly loam, very gravelly sandy loam 21-30 Very gravelly coarse GP -GM, A-1, A-2 10- 0- 10 0- 0- 20 sandy loam, GM gravelly loam, very gravelly sandy loam 3035 Extremely gravelly GC -GM, A-1 0-0-5 0-0-25 coarse sandy GP -GM loam, extremely gravelly loam, very gravelly sandy loam 35-43 Very gravelly loamy GM, SC- A-1, A-2 0-0-5 0-0-10 sand, very gravelly SM coarse sandy loam, gravelly fine sandy loam, very gravelly sandy loam 4359 Gravelly fine sandy GM, SC- A-1, A-2 0-0-5 0-0-10 loam, very gravelly SM loamy sand, very gravelly coarse sandy loam, very gravelly sandy loam Pct 50-70- 45-64- 35-52- 20-29- 30-35 NP-2 -5 75 75 60 35 45 25-50- 20-45- 15-34- 5-16- 30 15-26 NP-0 -5 75 75 60 -35 25-45- 20-40- 15-29- 5-14- 35 15-24 NP-0 -5 75 75 60 -30 15-43- 10-37- 5-26- 40 5-12- 20 15-17 NP-0 -5 50 50 -25 50-55- 45-51- 35-39- 15-19- 15-17 NP-0 -5 80 80 55 35 -25 50-56- 45-51- 35-39- 15-19- 15-17 NP-0 -5 80 80 65 35 -25 USDA Natural Resources Web Soil Survey 2/4/2016 2111111111 Conservation Service National Cooperative Soil Survey Page 4 of 7 Engineering Properties --King County Area, Washington Christian Faith Center Cross Foundation Engineering Properties —King County Area, Washington Map unit symbol and Pct. of Hydrolo Depth USDA texture Classification I Fragments Percentage passing sieve number— Liquid Plasticit soil name map gic limit y index Unified AASHTO >10 3-10 4 10 40 200 unit group Inches inches In Pct Pct Pct AgC—Alderwood gravelly sandy loam, 8 to 15 percent slopes Alderwood 85 8 0-7 FGrsavnelr'y sandy loam GM, SM A-2, A-1 0- 0- 10 0- 0- 10 50-70- 45-64- 3552- 20-29- 30-35 NP-2 -5 1 75 75 60 35 -05 7-21 gavellycoarseGP-GM, A-2, A-1 0- 0- 10 0- 0- 20 25-50- 20-45- 15-04- 15-16- 30 15-26 NP-0 -5 dy loam, GM. SM 75 75 60 -35 gravelly loam, very gravelly sandy loam 21-30 Very gravelly coarse GP -GM, A-2, A-1 0- 0- 10 0- 0- 20 25A5- 20-40- 15-29- 5-14- 35 15-24 NP-0 -5 sandy loam, GM 75 75 60 -30 gravelly loam, very gravelly sandy loam 30-35 Extremely gravelly GC -GM, A-1 0-0-5 0- 0- 25 15A3- 10-37- 5-26- 40 5-12- 20 15-17 NP-0 -5 coarse sandy GP -GM 50 50 -25 loam, extremely gravelly loam, very gravelly sandy loam 35-03 Very gravelly loamy GM, SC- A-2. A-1 0-0-5 0- 0- 10 50-55- 45-51- 35-39- 15-19- 15-17 ' NP-0 -5 sand, very gravelly SM 80 80 65 35 -25 coarse sandy loam, gravelly fine sandy loam, very gravelly sandy 1 loam 43-59 Gravelly fine sandy GM, SC- A-2, A-1 0-0-5 0- 0- 10 50-56- 45-51- 35-39- 15-19- 15-17 NP-0-5 loam, very gravelly SM 80 80 65 35 -25 loamy sand, very gravelly coarse sandy loam, very gravelly sandy loam USDA Natural Resources Web Soil Survey 2/4/2016 Conservation Service National Cooperative Soil Survey Page 5 of 7 Engineering Properties —King County Area, Washington Christian Faith Center Cross Foundation Engineering Properties —King County Area, Washington Map unit symbol and Pet. of Hydrolo Depth USDA texture Classification Fragments Percentage passing sieve number— Liquid Plasticit soil name map gic limit y index 7Unified AASHTO >10 1 3.10 4 10 40 200 unit group Inches inches 1I In Pct Pct AmB—Arents, Alderwood material, 0, to 6 percent slopes Arents, alderwood 100 BID 0-26 Gravelly sandy loam SM A-1, A-2 0-0-0 0-3-5 1 material 26-60 Very gravelly sandy SM, GM A-1, A-2 0-0-0 0-18- 35 loam EwC—Everett- Alderwood gravelly sandy loams, 6 to 15 percent slopes Alderwood 45 B 0-12 Gravelly ashy sandy SM, GM A-1, A-2 0-0-0 0-3-5 loam 12-27 Very cobbly sandy SM, GM A-1, A-2 0-0-0 0-18- 35 loam, very gravelly sandy loam, very gravelly loam 27-60 Very gravelly sandy SM. GM A-1. A-2 0-0-0 0-18- 35 loam Everett 45 A 0-17 Gravelly ashy sandy SM A-1, A-2 D- 0- 0 0- 5-10 1 loam 17-32 Very gravelly loam, GP -GM, A-1 0- 0- 0 5- 8-10 extremely gravelly GM sandy loam, very gravelly sandy l loam 32-60 Extremely gravelly GP -GM, A-1 0-0-0 5•13-20 sand, very gravelly GP loamy sand, very gravelly coarse sand — USDk Natural Resources ;�m_ Conservation Service Web Soil Survey National Cooperative Soil Survey Pct 0-70- 50-63- 4045- 20-25- I 15-18 NP-3-5 80 75 50 30 -20 0-55- 35-48- 20-35- 10-23- 15-20 NP-3 -5 70 60 50 35 -25 5-63- 50-58- . 3545- • 20-25- 15-20 N P-3 -5 70 65 55 30 -25 0-55- 35-48- 20-35- 10-23- 15-20 NP-3-5 70 *0 50 35 -25 0-55- 35-46- 20-35- 10-23- 15-20 NP-3-5 70 60 50 35 -25 5-75- 50-63- 3040- 10-23- 15-18 NP-3-5 85 75 50 35 -20 ;045- 20-35- 10-20- 5-15- 25 20-25 N P3 -5 60 50 30 30 I I '.5-38- 15-30- 5-15-25 0- 5-10 0-7 -14 NP 50 45 2/4/2016 Page 6 of 7 Engineering Properties ---King County Area, Washington Christian Faith Center Cross Foundation Engineering Properties —King County Area, Washington Map unit symbol and Pet. of Hydrolo Depth USDA texture Classiflcatlon Fragments Percentage passing sieve number— Liquid Plasticit soil name map gic limit y index Unified AASHTO >10 3-10 4 1 10 40 200 unit group Inches inches In Tu—Tukwila muck Tukwila 80 BID 0-19 Muck PT A-8 19-60 Stratified I PT A-8 diatomaceous earth to muck Data Source Information Soil Survey Area: King County Area, Washington Survey Area Data: Version 11, Sep 14, 2015 Pct Pct Pct 0-0-0 0-0-0 100-100 100-100 85-95-1 80-90-1 — - -100 -100 00 00 0-0-0 0-0-0 100-100 100-100 85-95-1 80-90-1 0-7 -14 - -100 -100 00 00 (Foundation located in AgB, Alderwood Soils, therefore passive soil strength of 150psf/ft is acceptable per IBC) USDA Natural Resources Web Soil Survey 214/2016 lillilli Conservation Service National Cooperative Soil Survey Page 7 of 7 STRUCTURAL NOTES 00700 GENERAL CONDITIONS All materials and construction shall conform to the drawings, these notes, and any specifications for this project. During the construction period, the Contractor shall be responsible for the safety of the construction project, including all excavation procedures. The Contractor shall provide adequate lagging, shoring, bracing, guys and protection of adjacent property, structures, streets, and utilities in accordance with all national, state, and local safety ordinances. All information shown on the drawings relative to existing conditions is given as the best present knowledge, but without guarantee of accuracy. Where actual conditions conflict with the drawings they shall be reported to the Engineer so that the proper revisions may be made. Modification of design drawing details shall not be made without written approval of the Engineer. Provide vertical support and lateral bracing for electrical and mechanical equipment per the applicable code requirements. DIVISION 1- GENERAL REQUIREMENTS 01412 BUILDING CODES International Building Code (IBC) 2012 Edition. Washington State Building Code (Washington Administrative Code (WAC) Chapter 51-30) 01415 DESIGN LOADS AND CRITERIA WIND: Basic Wind Speed: Exposure: 110 mph B FOUNDATION: Allowable Soil Bearing Capacity (DL+LL): 2,000 PSF Soil Passive Pressure: 150 PCF 01455 TESTING AND INSPECTION All special inspection and testing shall comply with IBC Sections 1701,1703, 1704, and other applicable building code sections and are in addition to the inspections made by the Building Official under Section 110. Special inspections are required for the following work: Earthwork: During excavation, grading, and filling Construction of drilled piles or caissons Concrete: Placement of reinforcing steel, concrete placement and taking of concrete cylinders, where inspection is required by Section 03300 Placement of anchor bolts, where noted on plans Installation of adhesive anchors Field Welding: Reinforcing steel Structural and miscellaneous steel Installation of high -strength bolts Special inspectors and testing laboratories shall be PROVIDED BY THE OWNER. The Contractor shall coordinate special inspections as well as standard building inspections with the construction schedule and is responsible for facilitating access to areas to be inspected. Special inspectors and testing laboratories shall be approved by the Building Official, and shall be certified by the Washington Association of Building Officials (WABO), if required by the Building Official. The special inspector shall observe the work for conformance with the design drawings and specifications. The special inspector shall furnish inspection reports to the Building Official and the Engineer. All discrepancies shall be brought to the immediate attention of the Contractor for correction and also to the Building Official and the Engineer. The special inspector shall submit a final signed report stating whether the inspected work was in conformance with the design drawings and specifications and the applicable provisions of the building code. Special inspections per IBC Section 1703.6 are required unless fabricator is approved per Section 1704.2. DIVISION 2 - SITEWORK 02315 EXCAVATION AND FILL All footings shall bear on undisturbed ground or structural fill and shall be a minimum of 18 inches below grade unless noted otherwise on the drawings. Foundation excavations shall be examined and approved by the Engineer - or a testing laboratory approved by the owner - and the Building Official prior to the placement of any reinforcing steel or concrete. Material for filling and backfilling shall consist of the excavated material and/or imported borrow and shall be free of organic material, construction debris, cobbles, or other debris. Fill and backfill shall be deposited in layers not to exceed 8 inches thick for heavy equipment and 4" thick for hand operated equipment. The fill shall be properly moistened to approximate optimum requirements and thoroughly rolled or compacted with approved equipment in such a manner and extent as to produce a relative compaction of 95 % of maximum dry density for optimum moisture content as determined by ASTM D 1557. Each lift shall be tested for compliance with compaction requirements by an approved laboratory. See Section 01455. Hand tampers shall weigh at least 50 lbs. each and shall have a face area not in excess of 64 square inches. Hand tamper may be operated either manually or mechanically and shall be used only where larger power driven compaction equipment cannot be used. DIVISION 3 - CONCRETE 03156 ADHESIVE ANCHORS Adhesive anchors shall be one of the following: ICBO Report Simpson ET with A 307 threaded rod 4950 Hilti HIT HY 150 system with A 36 threaded rod 5193 Substitution of another product requires approval of the Engineer. Install anchors per the ICBO Report and the manufacturer's recommended procedure. SPECIAL INSPECTION IS REQUIRED DURING INSTALLATION. See Section 01455. Do not cut or damage existing reinforcing to install anchors. 03210 REINFORCING STEEL Concrete reinforcing steel shall be deformed bars conforming to ASTM A 615, Grade 60 (or A 615M-96a, Grade 420), made from new billets. Reinforcing to be welded shall be Grade 60 (Grade 420) with a Carbon Equivalent (CE) of 0.55 or less, or ASTM A 706 (or A 706M-96b). Do not use epoxy -coated reinforcing unless noted. Bars marked with metric sizes as shown below conforming to the metric specifications and grades shown above may be substituted for the bars shown on the drawings. Bar spacing, embedment and lap lengths, reinforcing cover, bends, and hooks remain the same. Fabrication and placement of reinforcing in concrete shall conform to IBC section 1907. Lap all reinforcing bars at all splices, corners, and intersecting walls per table below (unless noted otherwise): Concrete Strength (PSI) 2,000 3,000 4,000 5,000 6,000 Top Other Tom Other Tom Other Tom Other Tpv Other #3(#10) 27 21 22 17 19 15 17 13 15 12 #4(#13) 35 27 29 22 25 19 22 17 20 16 #5(#16) 44 34 36 28 31 24 28 22 25 20 #6(#19) 53 41 43 33 37 29 34 26 31 24 #7(#22) 77 59 63 48 55 42 49 38 45 34 #8(#25) 87 67 72 55 63 48 56 43 55 43 #9(#29) 98 76 81 62 71 54 63 49 57 44 Use "TOP" reinforcing values for horizontal bars with more than 12" of concrete below them in the casting position. Lap lengths (in inches) are based on normal weight concrete (in PSI) and a minimum 2 db spacing and 1 db cover (per ACI 318-05). The sizes shown (#xx) are the corresponding metric bar sizes. Minimum cover over reinforcement, unless noted otherwise: Concrete placed on earth: 3 inches Concrete exposed to earth or weather: 2 inches Other conditions (UNO): 1-1/2 inches Reinforcing steel welding shall be performed by WABO certified welders and shall conform to IBC Sections 1901.2 and AWS Welding Code D1.4-98 with modifications. Reinforcing shall be securely tied in position prior to concrete placement. Reinforcing shall be supported on chairs or slab bolsters (with distribution plates if required) or concrete dobies prior to concrete placement. Support spacing shall not exceed 10 feet in each direction. 03300 CAST -IN -PLACE CONCRETE All cast -in -place concrete shall meet the following requirements: Quality of concrete shall be determined by IBC Section 19. Minimum 28 day compressive strength shall be 2,500 PSI unless noted otherwise on the drawings or these notes. Use 5-1/2 94 LB sacks per yard of Type I cement with 6.6 gallons of water per sack of cement or submit mix design to the Engineer for review. See Section 01330. Slump shall be 4 inches plus or minus 1 inch. Use Type I -A cement where air entrainment is required. All methods and materials per IBC Chapter 19. Water -reducing admixtures conforming to ASTM C 150 may be incorporated in the concrete design mixes and be used in strict accordance with the manufacturer's recommendations, subject to Engineer's approval. An air -entraining agent conforming to ASTM C 150 shall be used in all concrete mixes for slabs and other flatwork to be exposed to weather. The amount of entrained air shall be 5 % plus or minus 1 % by volume. Calcium chloride or other water-soluble chloride ion admixtures conforming to ASTM C 1218/C may be used in concrete not exposed to the weather and in unreinforced concrete. In any case the maximum chloride content of the concrete may not exceed the limits specified in ASTM C 318. Other types of accelerating admixtures may also be used. All admixtures shall conform to ASTM C 618 Type C or F. Special inspection and testing is required for all reinforced concrete except for foundation concrete with a designated compressive strength not exceeding 2500 PSI and nonstructural slabs on grade. For each class of concrete where testing is required, the special inspector shall take not less than one set of three cylinders for each day of concrete placement, or for each pour, or not less than one set for each 150 cubic yards of concrete, or not less than one set for each 5,000 square feet of surface area for slabs or walls. Anchor bolts, dowels, and other embedded items shall be securely tied in position prior to concrete placement. Do not add water at site. Maximum drop during placement is three feet. Consolidate concrete with a mechanical vibrator as required. All exposed surfaces shall receive a steel trowel finish unless noted otherwise. Do not dust surfaces with dry cement to remove water. Concrete shall be maintained in a moist condition for a minimum of five days after placement or sealed with a curing compound applied in two coats at right angles. Follow manufacturer's application instructions and do not exceed recommended coverage. Keyed construction joints shall be used in all cases except slabs on grade. All construction joints shall be thoroughly cleaned and all laitance shall be removed. All vertical joints shall be thoroughly wetted and slushed with a coat of neat cement immediately before placing new concrete. Pipes other than electrical conduits shall not be embedded in structural concrete except where specifically approved. Do not embed aluminum conduits and sleeves in concrete. 03605 NON -SHRINK GROUT Non -shrink grout shall have a minimum compressive strength of 5,000 PSI. Use non- metallic type in exposed conditions. Install per manufacturer's recommended procedure. DIVISION 5 - METALS 05120 STRUCTURAL STEEL Materials, fabrication and erection of structural steel shall conform to IBC Chapter 22 and the AISC 360-10 Specification for Structural Steel Buildings. Paint all structural steel exposed to weather unless noted otherwise on drawings. Material specifications, unless noted otherwise: Structural shapes: Bars and plates: Pipe: Structural tubing/HSS: Bolts: High -Strength Bolts: Nuts: Washers: Filler metal: ASTM A 36 ASTM A 36 ASTM A 500, Grade B, Standard Weight ASTM A 500, Grade B ASTM A 307 ASTM A 325, where noted ASTM A 563 ASTM F 436 E70XX Substitution of other materials requires approval of the Engineer. Galvanizing of structural shapes and fabricated parts shall be done in accordance with ASTM A 123, after fabrication. Galvanizing of threaded parts, bolts, nuts, and washers shall be done in accordance with ASTM A 153. Welding shall be performed only by WABO certified welders and shall conform to AWS D1.1 and AISC specifications. E70T-4 weld material is not permitted. Minimum fillet weld size shall be 3/16" unless noted otherwise. Field welds shall have special inspection per IBC section 1705.2. Reinforcing steel welding to structural steel shall conform to AWS Welding Code D1.4- 98 with modifications. Provide 3/4" diameter air relief holes @ 12" OC each way in the horizontal surfaces of all embedded bearing plates and angles over 6" in width, when they are above the bottom of the concrete member in the casting position. CITY OF ederal Way Community Development Services Department Christian Faith Center — Site Plan CHRISTlAN FAITH CENTER STE FILM i_ L i .r7iEfllllQi- F sY <1 ly1Y PRESDM I! /H MMM s+u -Tua�r MOM z i = 3XI" wl _. � NHIHNHHNNI "* W 141 PIP ' 4 j I i i "fn j cd i : = AhbeyRoad PL 341 � I � Mg! slgTe 0 Prop Line 3 ft. from sidewalk �O ui z • I J } Q' ~� CL r a - C7 -- 4 I! � il11. i Wal Prop Lin i li. frorcrsfs7era �, 41.- �r 39';Setback frolic 7W v I � IJ - "` - _ --- I jr _ .� 111 ? rr t r1 Ia L. 3= •y 2 � r� �plLrnb signs �1 8" thick wail steel square tube support. Paint white 5" deep aluminum channel cross symbol. Paint white. 1" F style retainer. Paint white. White plex faces. White LED illumination. Concrete footing per structural calculations - Proposed Layout I' •1rnA - 40 y 1+r .. l.t W. ..�Ib-"j ';-4 14 � 5"---I8"j' DRAWING ID JOB NAME CHRISTIAN FAITH CENTER 20768 CUSTOMER SALES Warren Wissmer START DATE 07.18.13 SCALE PAGE/S 20768 LOCATION FEDERAL WAY, WA APPROVAL X _ _ _ _ DATE DESIGNER M Lee REVISION R1 09.18.13 1/4"=1' 1 of 3 PLUMB SIGNS, INC. 909 S 28TH ST TACOMA, WA TEL 253 473-3323 FAX 253 472-3107 PLUMBSIGNS.COM © COPYRIGHT 2013 PLUMB SIGNS, INC: ALL RIGHTS RESERVED, NO PART OF THIS DRAWING MAY BE REPRODUCED IN ANY FORM WITHOUT WRITTEN PERMISSION FROM PLUMB SIGNS, INC. Proposed Layout Signs 2-4. Ittuminated Cross Symbols 8" (signs 2-3) & 12" (sign 4) thick wall steel square tube support. Paint white. 5" deep aluminum channel cross symbol. Paint white. 1" F style retainer. Paint white. White plex faces. White LED illumination. Concrete footing per structural calculations. DRAWING ID JOB NAME CHRISTIAN FAITH CENTER 20768 CUSTOMER SALES Warren Wissmer START DATE 07.18.13 SCALE PAGES 20768 LOCATION FEDERAL WAY, WA APPROVAL X .__ _ DATE DESIGNER M Lee REVISION R1 09.18.13 3/16"=1' 2 of 3 PLUMB SIGNS, INC. 909 S 28TH ST TACOMA, WA TEL 253 473-3323 FAX 253 472-3107 PLUMBSIGNS.COM © COPYRIGHT 2013 PLUMB SIGNS, INC: ALL RIGHTS RESERVED, NO PART OF THIS DRAWING MAY BE REPRODUCED IN ANY FORM WITHOUT WRITTEN PERMISSION FROM PLUMB SIGNS, INC. k CiTY OF �. Federal January 9, 2014 Ms. Connie Guffey Plumb Signs Inc. 909 South 28"' Street Tacoma, WA 98409 '1 CITY HALL 33325 8th Avenue South FederaWay l Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com Re: File #13-105282-00-UP; TECHNICAL COMMENT LETTER Christian Faith Center — Illuminated Crosses, 33645 20th Avenue South, Federal Way Dear Ms. Guffey: City staff has completed review of your Process I Master Land Use (MLU) application for the proposed illuminated crosses at Christian Faith Center. The proposal is for two 30-Foot tall crosses and one 50-foot tall cross along Pacific Highway South and one 30-foot cross along South 336"' Street. The application was deemed complete at submittal. Before the Process I application can be approved, the following technical comments must be addressed. TECHNICAL COMMENTS The following comments are based on an initial technical review of the application by city staff. I. Site Plan — There are discrepancies between the building and land use site plans regarding the cross location along South 336"' Street. The building permit plan set has the cross located at the corner of 20"' Avenue South and South 336"' Street, and the land use site plan has the cross located at the second entrance off of South 336"' Street. The site plan is also not scaled. Please indicate the correct location of the cross along South 336"' Street on both plan and add a scale to the site plan. 2. Required Yards — A portion of the site is governed by a Concomitant/Development Agreement (Agreement) that regulates the use and, development activities for this site. Specifically, the proposed cross located along South 336"' Street is covered by the Agreement, while the crosses along Pacific Highway South are not. As such, the front yard setback along South 3'W" Street is 50 feet pursuant to the Agreement. As depicted, the cross located along South 336"' Street appears to be located within the required 50-foot front yard and no improvements or structure may be in a required yard. The request for the crosses adjacent to Pacific Highway South is not governed by the Agreement and must meet current city code requirement. Per Federal Way Revised Code (FWRC) 19.205.100, Churches and any accessory use have a 30-foot required front, side, and rear yard. The location of the crosses appears to be located within the side yard. Please revise the location of the crosses to be outside both the required 50-foot front and 30-foot side yard setbacks. Ms. Connie Guffey Page 2 January 9, 2014 3. Heighl—Thy maxirndni tdig requirement is 30 feet above average building elevation. As depicted in the elevation draw' g;,i` fthe crosses exceeds the height limit and is 50 feet tall. Please revise the elevati e � 34- at height limit on both plans. CLOSING When resubmitting requested information, please provide a written response to each of the above - referenced items and six copies of corrected full size plans with the enclosed resubmittal form. Please be advised that changes made to the land use plans must also be shown on the building plan set as well. PROJECT CANCELLATION Pursuant to FWRC 19.15.050, if an applicant fails to provide additional information to the city within 180 days of being notified that such information is requested, the application shall be deemed null and void and the city shall have no duty to process, review, or issue any decisions with respect to such an application. If you have any questions regarding this letter or your development project, please feel free to contact me at 253-835-2641, or becky.chapin@cityoffederalway.cont. Sincerely, lat44 U40-� Becky Chapin Assistant Planner enc: Resubmittal Information Form c: Email copy to Connie: connie@plumbsigns.com plumbsigns.com Scott Sproul, Assistant Building Official File ml3-105282-00-UP Doc I D. 64739 Return Address: 3 On 1111111111111 2007081 081 PACE00! OF 030 KINGOCOUNTY10WA9 69.00 Please printortypeinrormation WASHINGTON STATE RECORDER'S Cover Sheet (izcwss.oa) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 4 3. ti r►,re e n =4(%, �s Reference Number(s) of Documents assigned or released: Additional reference Ws on. page of document Grantor(s) (Last name, first name, initials) 1. "V!tAl !tit!- 1. 2. Additional names on page of document. Grantee(s) (Last name first, then first name and initials) 2. ej Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Additional legal is on pager" of document. Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax # not yet ass one rs 2i� R+�yq . +rOV'1 �.ii0 doq . ' 4aii5 . J The Auditor/Reco der w 1 rely orf the information rovided on thefform. The stAt will not readothe document to verify the accuracy or completeness of the indexing information provided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RLW 36,18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature of Requesting Party a% CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND THE CHRISTIAN FAITH CENTER FOR DEVELOPMENT OF CHURCH AND PRIVATE SCHOOL AMENDED APRIL 2, 2007 The City of Federal Way ("City") and the Christian Faith Center ("CFC"), a Washington nonprofit corporation, collectively referred to herein as "the Parties," enter into the following concomitant agreement and development agreement ("Agreement") regarding the rezoning of certain property and the scope of permissible development, use, and mitigation of environmental impacts associated with the campus development of a church and private school ("Project"), through construction of the buildings and related improvements on the CFC property. The agreement is both a concomitant agreement and a development agreement. The concomitant agreement allows for a rezone of certain property subject to development standards and conditions governing the use of the property. The development agreement provides the developer with certainty regarding the local regulations and mitigation requirements that will govern development for a specified project. The concomitant agreement is a condition to and limitation upon the rezone of the property, if adopted by the City Council. That is, if the site is rezoned subject to concomitant agreement, its use and development is restricted both by the regulations applicable to the new zoning classification and the provisions of the concomitant agreement, and where development standards in the agreement are more restrictive, they govern property development. The development of the property is conditioned and limited by both the development agreement and concomitant agreement, and they have been combined into one document. 1. Location. CFC is the owner of certain real property situated in Federal Way, Washington, located south of South 336'h Street between SR-99 and Interstate 5 (the "Property"). The Property is more particularly described on Exhibit A, attached hereto and incorporated herein by this reference. 2. Project Description. The Project consists of development, to be constructed in two phases. Both phases are depicted on the Development Plan, attached hereto as Exhibit B and incorporated herein by this reference (the "Plan" or "Development Plan"). Phase I will consist of a two-story 218,500 square foot sanctuary building church, school, administrative offices, and accessory uses and associated parking and recreational and athletic fields attached hereto as Exhibits C, 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 36.7013.170 through .210 and FWCC 22-1660 through 22-1680. It addresses Project development standards, which are defined in the statute to include, for example, impact fees, mitigation, design standards, phasing issues, review procedures, vesting issues, and any other appropriate development requirements.[ The Agreement provides the City and CFC with certainty as to the type of Project that will be built, the type of mitigation that will be provided, and the development regulations to which the Project will vest. The Project is consistent with current local regulatory requirements 2 As authorized by state statute,3 the Agreement identifies mitigation under City codes and the State Environmental Policy Act (Chapter 43.21 C RCW, "SEPA") required for the project. 5. Vesting. City development regulations, as found in the Federal Way City Code (FWCC) or otherwise legislatively adopted,4 and the mitigation measures adopted herein shall govern the Project for a period of five years, dating from execution of the original Agreement, dated July 21, 2004. Any amendments or additions made to City development regulations during the five year period shall not apply to or affect the development, except as otherwise provided, or if other county, state or federal laws preempt the City's authority to vest regulations. The City reserves the authority to impose new or different officially adopted regulations to the extent required by a serious threat to the public health and safety.5 After the five-year period, amendments or additions made by the City to these development regulations and the mitigation measures adopted herein shall apply to any subsequent or further development of the Property. Otherwise, the Property and the uses thereof that are developed consistent with this Agreement shall be deemed legal, nonconforming uses. Provisions of the Agreement, including specifically identified development standards and mitigation measures, do not terminate after the five-year period and continue to restrict development of the Property unless and until amended by the City. 6. Project Mitigation Under SEPA. The Project has been subject to detailed environmental review. A Final Environmental Impact Statement ("FEIS") was issued on March 3, 2004, and addenda were issued April 16, 2004, and May 21, 2004. Mitigation of significant adverse environmental impacts imposed under SEPA, through the City's SEPA regulations, is incorporated into the Agreement. 7. Development of CFC Property. 7.1 Permitted Uses. CFC covenants and agrees that it will limit any use of the Property to the church and school uses, as depicted in the Development Plan, attached hereto as Exhibit B and ' RCW 36.70B.170(3) i RCW 36.70B.170(i) s RCW 36.70B.170(3)(c) 4 Legal requirements include legislatively adopted standards governing development, such as zoning, building and development regulations, impact fees, SEPA regulations and substantive SEPA policies, and other laws, ordinances, or policies. 5 See RCW 36.70B.170(4) incorporated herein by this reference. Both the church and school are classified as principal uses for application of FWCC Sections 22-671 and 22-674, except the school shall be considered an accessory use to the principal sanctuary use in Phase I. Accessory uses shall be limited to those approved as a part of this Agreement and shown on the attached Plan or List of Permitted Accessory Uses, attached hereto as Exhibits C, C-1, C-2, C-5, and C-6 and incorporated herein by this reference, or any accessory use determined by the Director of Community Development Services to be allowed, or analogous to an allowed accessory use, in the RM 3600 zone. 7.2 Relationship Between City Development Regglations and Development Standards Identified in_ Agreement. Development Regulations include all provisions of the Federal Way City Code (FWCC), including without limitation FWCC Chapters 18 through 22. The Development Regulations for the Property include those applicable to the RM 3600 zone and as set forth in the Agreement. The Agreement establishes site specific development standards, including mitigation. Property development shall be consistent with both development regulations and the development standards identified in the Agreement. Where the development standards in the Agreement are more restrictive, they shall govern development of the Property, as specified herein. 7.3 Construction Phasing. Project construction shall be limited to two phases. Phase I shall comprise construction of a building for the church sanctuary, auditorium, meeting rooms and administrative offices, and K-12 education classrooms, attached hereto as Exhibits C, C-1, and C-2 and incorporated herein by this reference, together with all on -site and off -site improvements required by this Agreement and by the conditions of any related permit approval. Phase H shall comprise construction of a future two-story 101,526 square foot school building attached hereto as Exhibits C, 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. 3 9.1 Project Design and Site Confgurafion. 9.1.1 Building Setback. All site improvements shall be setback from South 336`h Street a minimum of 50 feet. The property bordering South 336`h Street shall be deemed the front yard for purposes of this Agreement. Remaining rear and side setbacks for the church building shall be 30 feet from any property line or right-of-way. Remaining side and rear setbacks for the school building, ball fields, and any playground equipment shall be 50 feet from any property line or right-of-way. 9.1.2 Building Height. The maximum allowed height of single -story elements of the church building is 35 feet above average building elevation (ABE), with up to three additional feet allowed for articulated cornices; the maximum allowed height for second - story elements containing offices, classrooms, Iibrary 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 property lines and public rights -of -way and access easements. Along South 336`h 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 Iandscaping 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. 4 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 Parldng 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 ParkinglSpecial 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 C-2 and incorporated herein by this reference. The school structure, to be constructed in Phase II, shall be limited to 101,526 square feet, as depicted in the attached Conceptual Floor Plan, attached hereto as Exhibits C-3 and C-4 and incorporated herein by this reference. Upon construction of the Phase 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 5 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 Qperational 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 onelhalf hours between services. 9.2.2 Dominion College Hours. Dominion College classes shall not be held on weekends or between the hours of noon and 6:30 p.m. weekdays. 9.2.3 Bible Study Hours. Bible Study classes shall be held only weekdays before noon. 9.2.4 School Hours. School classes shall be completed no later than 3:30 p.m. daily. 9.2:5 Holiday Services/Special Events. Holiday services and special events shall be scheduled consistent with the approved Traffic Management Plan (TMP) required by 9.4.12 and consistent with 9.1.4.4. 9.3 Construction Mitigation. 9.3.1 Erosion Sediment Control. CFC shall designate and provide an onsite Erosion Sediment Control (ESC) Supervisor approved by the Director of Public Works, who possesses a Construction Site Erosion and Sediment Control. Certification by the Washington State Department of Transportation (WSDOT). This ESC Supervisor shall be available for the duration of the project. The qualifications and responsibilities of the ESC Supervisor are outlined in the 1998 King County Surface Water Design Manual (KCSWDM) and City of Federal Way Addendum. The Director of Public Works may further limit clearing and grading activities on the site based on recommendations from the ESC Supervisor and requirements of the KCSWDM. 9.3.2 Stormwater Pollution Prevention Plan. A construction Stormwater Pollution Prevention Plan (SWPPP) shall be provided by CFC and reviewed and approved by the Director of Public Works prior to issuance of any construction permits or authorizations. Construction phasing shall be included in this plan. CFC has proposed several BMP's which shall be captured in the SWPP plan including, but not limited to, confining refueling and equipment maintenance to a hard -surface staging area with spill containment features and a spill clean-up kit, and pipe slope drains used to convey storm water over steep slopes. 9.3.3 Clearing and Grading. Clearing and grading shall be allowed only pursuant to a phased construction plan approved by the Director of Public Works. Clearing and grading shall occur only between May 1 and September 30 unless otherwise approved by the Director of Public Works. 9.4 Traffic Mitigation. CFC shall perform, as part of Project construction and prior to issuance of certificate of occupancy unless otherwise noted, the following traffic mitigation as required and approved by the Director of Public Works. 9.4.1 CFC shall reconstruct 18`h Avenue South from the existing berm to South 344`h Street to a modified street section, consisting of 24 foot wide street with vertical curbs and gutters, consistent with Exhibit G-1 to the Concomitant Agreement and Development Agreement between the City of Federal Way and the Christian Faith Center recorded under King County Recording No. 20040819000548 and incorporated herein by this reference. Traffic calming elements shall be installed, including two speed humps, one crosswalk, bulb outs at the intersection of 18'' Avenue South and South 341" Street and 18`h Avenue South and South 344"' Street to narrow the throat width of 1801 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 h Street from 16`h 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 344t' Street through the intersection of 16'b Avenue South and shall signalize the intersection of South 344 h/16`h 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 344ffi 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 341' Street to be approved by the Director of Public Works, and construct improvements as determined by the Director of Public Works. 9.4.6 CFC shall construct street improvements along South 336`' Street consistent with Exhibits G-S and G-6 to the Concomitant Agreement and Development Agreement between the City of Federal Way and the Christian Faith Center recorded under King County Recording No. 20040819000548 and incorporated herein by this reference. The improvements shall be consistent with Type M street between SR 99 and 200' 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 20t' Avenue South and I-5, consisting of a 22-foot half -street with curb and gutter, six-foot planter strip with street trees, eight -foot sidewalk, street lights, underground utilities, and three-foot utility strip. A continuous two-way left -turn lane shall be provided between SR 99 and Forest Lane Town Homes frontage. Curbs and gutter, planter strip, and sidewalk shall also be provided on the north side between South Garden Court condominiums and Forest Lane Town Homes to tie into the existing improvements. An eastbound right -turn lane shall be provided on South 336'h Street at 20`h Avenue South, consisting of a 100-foot storage length and 50-foot taper length. These improvements may be modified by the Director of Public Works to minimize impacts to wetlands or minimize right-of-way acquisition. 9.4.7 CFC shall improve 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 3360' 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 turn lane from South 336 h Street to 20'h Avenue South. 9.4.9 CFC shall construct traffic calming elements on 201b Avenue South .from South 336t' Street to South 330'b Street, including traffic circles at South 330`h Street and South 332" a Street and an island diver -ter at South 336 h Street to prevent northbound and southbound through movements, and construct a sidewalk on the east side of 20"' Avenue South from South 336ffi 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 constrict improvements within existing right-of-way. 9.4.10 CFC shall provide two transit shelters, shelter footings, litter receptacle pads, landing pads and benches, one located on 20'' Avenue South in the existing location north of South 336t` Street and one located on South 336`h Street as determined by City staff with input from King County Metro and Pierce Transit. 8 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 3361h Street, SR 99 and South 324`' Street, SR 99 and South 3301h Street, SR 99 and South 3361h Street, SR 99 and South 340'h Street, 16'h Avenue South and South 344th Street, and SR 161 and South 348th 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 348h Street and SR 161 to provide for the construction of a second northbound right -turn lane with 550 feet of storage. Payment shall be made one year after receipt of the Certificate of Occupancy for Phase One of the Project or upon award of the bid to construct the turn lane whichever shall occur first. 9.4.14 CFC shall pay to King County its pro rata share contribution to the King County Transportation Improvement Plan (TIP) project at South 320`' Street and Military Road in the amount of Six Hundred Forty -Seven and No/100 Dollars ($647.00). Except as provided above, CFC shall use its best efforts to acquire any and all right-of-way necessary to complete the improvements described in this Agreement. If, through no fault of CFC, CFC is unable to acquire right-of-way necessary to complete the improvements described, the City and CFC agree to meet and confer on possible alternatives. The Director of Public Works may modify the required improvements as necessary provided impacts are mitigated. 9.5 Payment of Pro Rata Share. CFC shall pay, prior to issuance of the certificate of occupancy for Phase One of its construction as defined in this Agreement, its pro rata share contribution to impacted City Transportation Improvement Plan (TIP) projects, identified and calculated below: o S 3480'St: 9'h Ave S — SR 99: $60,500 o S 356th St: ls' Ave S — SR 99: $50,200 o S 348th St @ 1st Ave S: $13,100 o S 3360h St @ 1" Way S: $3000 o 12" Ave SW / SW 344`' St Extension: SW Campus Dr— 21" Ave SW: $38,700 o 1st Ave S: S 320'h St— S 330`h St: $7600 o 21" Ave SW Extension: SW 356`h St — 22"d Ave SW: $2800 o SR 18 @ SR 161: $24,800 o S 336h St @ 9`h Ave S: $1100 o S 320`h St @ I-5: $34,100 Total $235,900 9.6 Surface Water -Mitigation. The following stormwater mitigation, as required and approved by the Director of Public Works, shall be designed by CFC prior to issuance of construction permits or authorizations and constructed by CFC prior to issuance of certificate of occupancy. 9.6.1 CFC shall design and construct the east basin stormwater detention pond to meet Level 2 flow control standards. 9.6.2 Consistent with the Process IV Hearing Examiner Decision, CFC shall design and construct all runoff from the Sanctuary roof for the two-year storm event to be collected and dispersed through percolation trenches to maintain wetland hydrology in the westerly wetland. 9.6.3 CFC shall design and construct all surface water treatment facilities from the East and West 1 subcatchments to include the use of Stormwater Management® filter vault systems which meet or exceed Resource Stream Protection standards. 9.6.4 CFC shall design and construct stormwater discharge facilities entering into wetlands or buffers as percolation or infiltration trenches and discharges to wetland buffers in a dispersed manner consistent with the Process IV Hearing Examiner Decision, Exhibit H 7 to the Concomitant Agreement and Development Agreement between the City of Federal Way and the Christian Faith Center recorded under King County Recording No. 20040819000548 and incorporated herein by this reference, and as approved by the Director of Public Works. 9.6.5 CFC shall provide, prior to issuance of Building Permit, an Integrated Pest Management Plan as described in the Ecology Stormwater Manual (Ecology 2001). This source control BMP shall outline control of fertilizer and pesticide application, soil erosion, and site debris, and include the use of pesticides/herbicides only as a last resort. 9.7 Wetland Mitigation. CFC shall comply with all conditions contained in the Process IV Hearing Examiner Decision dated April 23, 2004, Exhibit H to the Concomitant Agreement and Development Agreement between the City of Federal Way and the Christian Faith Center recorded under King County Recording No. 20040819000548 and incorporated herein by this reference, and as approved by the Director of Public Works. 10. Other Project Review Processes and Minor Modifications. 10.1 Other Project Review Processes. The Project will be subject to building permit review and other applicable review processes. The final design of the buildings and other improvements, precise location of building footprints, location of utilities, determination of access points, and other design issues will be determined during that process and must be consistent with the Agreement. 10.2 Modifications. Minor modifications to the Plan may be approved by the Director of Community Development Services and processed in accordance with FWCC 22-1680. Factors to be considered by the Director of Community Development Services when determining if a modification to the Plan is minor include but are not limited to the following: a. Activity changes (excluding change of use of the principal use or expansion of accessory uses as specified herein) or increases in square footage of gross floor area as defined by FWCC 22-1 that do not result in significant additional or modified trip generation or distribution. 10 b. Changes in the location or number of access points that do not impact traffic safety or modify trip distribution. c. Requests for modification of landscaping pursuant to FWCC 22-1570. d. Removal of significant trees in conjunction with other actions deemed minor. e. Addition of fewer than 20 parking stalls outside of areas containing "significant trees," as defined by the FWCC. f. Exterior changes that do not significantly add to or alter approved architectural design. g. Actions that do not result in impacts to the environment pursuant to the State Environmental Policy Act requiring issuance of a mitigated threshold determination of nonsignificance. h. Actions that do not require review by the hearing examiner. A modification is not minor if the Director of Community Development Services determines that there will be substantial changes in the impacts on the neighborhood or the city as a result of the change. Modifications that are not minor modifications are major modifications and shall require City Council approval pursuant to FWCC 22-1680. 11. Waiver and Mutual Release of Claims of Invalidity. The City and CFC acknowledge and represent that the terms of this Agreement have been jointly negotiated and that each party enters into this Agreement voluntarily. Further, CFC and the City agree that this Agreement is authorized under law and each party waives any claim that the Agreement is invalid or illegal. The agreements and representations in this Section are material to this Agreement and are being relied upon by both parties. 12. General Provisions. 12.1 Binding on Successors. 12.1.1 The Agreement shall bind and inure to the benefit of the Parties and their successors in interest, and may be assigned to any successor in interest to the Project property. 12.1.2 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. iT 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 Integration; Scope of Agreemert. This Agreement and its exhibits represent the entire agreement of the Parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein. This Agreement does not set forth all conditions applicable to the Project to the extent that additional conditions may be imposed as part of any permit issued by the City, as required by the Federal Way City Code as determined by the discretion of the Directors of the Departments of Community Development Services and/or Public Works. 12.9 Enforcement. Subject to the notice and cure provisions of this section, in the event either party fails to satisfy any of its obligations under this Agreement, the other party shall have the right to enforce this Agreement by an action at law for damages or in equity for specific performance. The Parties acknowledge that damages are not an adequate remedy for breach by either party. In addition to the remedies set forth herein, in the event of a breach of this Agreement by CFC, the City may enforce this Agreement under the enforcement provisions of the Federal Way City Code in effect at the time of the breach and/or it may terminate this Agreement and take action to amend the Comprehensive Plan and zoning designation of the Property. No party shall be in default under this Agreement unless it has failed to perform its duties or obligations under this Agreement for a period of thirty (30) days after written notice of default from the other party. A notice of default shall specify the nature of the alleged default and the manner in which the default may be cured. If the nature of the default is such that it cannot be reasonably cured within thirty (30) days, then a party shall not be deemed in default if the party commences a cure within thirty (30) days and, thereafter, diligently pursues completion of the cure. 12.10 Attorneys Fees. In any action brought to enforce this Agreement or for damages resulting 12 from a breach thereof, the prevailing party as determined by the court, shall be entitled to recover its reasonable attorneys' fees. 12.11 Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers of the City granted by the Washington State Constitution or by general law. This Agreement is an exercise of the City's police powers, the authority granted under RCW 36.70B.170-.210, and other laws. 12.12 Recordin • Assi meet. The Agreement shall be recorded with the Real Property Records Division of the King County Records and Elections Department. 12.13 No Third Parties. The Agreement is made and entered into for the benefit of the parties hereto and their successors and assigns. No other person or entity is an intended third party beneficiary. No other person or entity shall have any right of action under this Agreement. IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year indicated. CITY OF FEDERAL WAY, a Washington �municipal corporation N Neal Beats, City Manager Date: �' -1 ATTEST: This day of 4,, 200,i Laur athaway, CMC Federal Way City Clerk Approved as to Form for City f Federal Way: Attorney, Patricia 'chardson - 12 CHRISTIAN FAITH CENTER, a WashirigtoA nonprofit y9fal Approved as to Form for Christian Faith Center: Brian Pawler Lawldr 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 he the President of CHRISTIAN FAITH CENTER, a Washington non-profit corporation, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument on behalf of said corporation. Given under my hand and official seal this �y of 2007. (typed/printed name of nobly) Notary Public in and for the State of Washington. My commission expires: IACFCWmendment to Development Agreement\033007 Development Agreement.doc 13 EXHIBIT A TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT LEGAL DESCRIPTIONS OF PROPERTY 15 EXHIBIT A TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT LEGAL DESCRIPTIONS OF PROPERTY PER CHICAGO TITLE CO. ORDER #553764 PARCELS 1-6,8-9,11,12-13 & TAX LOT #59 IN THE NORTH 1/2 OF THE NW 1/4 OF SEC. 21, T2IN, R4E, W.M., KING COUNTY, WASHINGTON TAX LOT #59 PER STATUTORY WARRANTY DEED REC. #9706091592 THE NORTHEAST QUARTER OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 30 FEI~T THEREOF CONVEYED TO FLING COUNTY FOR SOUTH 341 ST. PLACE BY INSTRUMENT RECORDED UNDER NUMBER 8410170757. SAID INSTRUMENT - BEING A RE-RECORD OF INSTRUMENT RECORDED UNDER RECORDING NUMBER 8111020670. EXHIBITS B-1 & B-2 PHASE I AND PHASE II TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT DEVELOPMENT PLAN 16 EXHIBIT B-1 PHASE w EXHIBIT B-2 PHASE II NATIVE GROWTH PROTECTION TRACT SANCTUARY BUILDING w a NATIVE GROWTH PROTECTION TRACT 1 EXHIBITS C. C-1- C-6 PHASE 1 AND PHASE II TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT .LIST OF PERMITTED ACCESSORY USES AND PHASING PLAN 17 EXHIBIT C PHASE I & PHASE II CHART OF USES TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT LIST OF PERMITTED ACCESSORY USES CHRISTIAN FAITH CENTER - CHART OF AREA USES SANCTIJARY_FIRST FLOOR SF — PHASE I SF — PHASE II _ _ Sanctuary/School Auditorium (includes stage) 4,500 seats 42,586.43 42,586.43 Multi -purpose rooms 8,817.94 8,817.94 Bookstore with caf6 3,702.16 3,702.16 Youth Church (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, Maudio department, baptismal, kitchen, distribution center, hallways, facilities offices, wedding chapel, meeting room, bathrooms, etc.) 62,477.14 62,477.14 161 Floor Sub -total Phase 1 164,319.29 Phase II 164,319.29 SANCTUARY SECOND FLOOR SF — PHASE I SF — PHASE ll Dominion College (future multi -purpose rooms, classrooms, library and staff offices) 0 21,062.82 Christian Faith School 21,062.82 0 Administrative offices 18,288.96 18,288.96 Other areas (storage facilities, hallways, bathroom, etc.) 14,828.93 14,828.93 2"d Floor Sub -total Grand Total Phase 1 54,180.71 Phase 1 218,500.00 Phase II 54,180.71 Phase II 218.500.00 CHRISTIAN FAITH SCHOOL SF — PHASE I SF — PHASE II Christian Faith School (Private School) 900 students 0 101,526.00 CFS Sub -total Phase 1 0 Phase II 101,526.00 CFS Grand Total Phase 10 Phase 11101,526.00 CHRISTIAN FAITH CENTER SANCTUARY BUILDING -FIRST FLOOR EXHIBIT CA - PHASE I, FIRST FLOOR Ws aLLWVc U5 OAYCAftE � w%Axu .u%ftmzmai PT� �T� Jj LJ_ (11,158 SF USEABLE AREA) NOT TO SCALE PF" APPROVED 11 AREA (ONLY USE W-L CHANCE FOR PHAS£ 1) (5,6% SF - USEABLE AREA) (5.694 SF - USEA6IE AREA) PRM APPROVED 71 AREA (0&L USE W-L CHANCE FOR PHASE 1) LOW ®I AREA - 17.49114 SF (11 USEABLE AREA 16= SF) ®SCHOOL 11 AREA - 10.13&13 SF (SCHOOL It USEABLE ARE- 5.6-4 SF) CHRISTIAN FAITH CENTER SANCUTARY BUILDING - SECOND FLOOR EXHIBIT C.2 -, SECOND FLOOR NOT TO SCALE CHRISTIAN FAITH CENTER CONCEPTUAL SCHOOL BUILDING - FIRST FLOOR EXHIBIT C.3 - PHASE II HKS I I-LUUK 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 MISCU LANEOUS uRi�fv¢ YWTH AWEA NOT TO SCALE CHRISTIAN FAITH CENTER SANCTUARY BUILDING - SECOND FLOOR EXHIBIT C.6 - PHASE II, SECOND FLOOR NOT TO SCALE 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 & A 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 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 336t' 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 36.7013.170 through .210 and FWCC 22-1660 through 22-1680. It addresses Project development standards, which are defined in the statute to include, for example, impact fees, mitigation, design standards, phasing issues, review procedures, vesting issues, and any other appropriate development requirements.' The Agreement provides the City and CFC with certainty as to the type of Project that will be built, the type of mitigation that will be provided, and the development regulations to which the Project will vest. The Project is consistent with current local regulatory requirements? As authorized by state statute,3 the Agreement identifies mitigation under City codes and the State Environmental Policy Act (Chapter 43.21C RCW, "SEPA") required for the project. 5. esting. City development regulations, as found in the Federal Way City Code (FWCC) or oth ise legislatively adopted,4 and the mitigation measures adopted herein shall govern the Project for a period of five years, dating from execution of the original Agreement, dated July 21, 2004. Any amendments or additions made to City development regulations during the five year period shall not apply to or affect the development, except as otherwise provided, or if other county, state or federal laws preempt the City's authority to vest regulations. The City reserves the authority to impose new or different officially adopted regulations to the extent required by a serious threat to the public health and safety.5 After the five-year period, amendments or additions made by the City to these development regulations and the mitigation measures adopted herein shall apply to any subsequent or further development of the Property. Otherwise, the Property and the uses thereof that are developed consistent with this Agreement shall be deemed legal, nonconforming uses. Provisions of the Agreement including specifically identified development standards and mitigation measures, Fo not terminate after e five-year perla an continue to res ict eve{opment of the Properly unless and until amended by 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(1) 3 RCW 36.70B.170(3)(c) 4 Legal requirements include legislatively adopted standards governing development, such as zoning, building and development regulations, impact fees, SEPA regulations and substantive SEPA policies, and other laws, ordinances, or policies. 5 See RCW 36.70B.170(4) incorporated herein by this reference. Both the church and school are classified as principal uses for application of FWCC Sections 22-671 and 22-674, except the school shall be considered an accessory use to the principal sanctuary use in Phase I. Accessory uses shall be limited to those approved as a part of this Agreement and shown on the attached Plan or List of Permitted Accessory Uses, attached hereto as Exhibits C, C-1, C-2, C-5, and C-6 and incorporated herein by this reference, or any accessory use determined by the Director of Community Development Services to be allowed, or analogous to an allowed accessory use, in the RM 3600 zone. 7.2 Relationship Between City Development Regulations- and Development Standards Identified in Agreement. Development Regulations include all provisions of the Federal Way City Code (FWCC), including without limitation FWCC Chapters 18 through 22. The Development Regulations for the Property include those applicable to the RM 3600 zone and as set forth in the Agreement. The Agreement establishes site specific development standards, including mitigation. Property development shall be consistent with both development regulations and the development standards identified in the Agreement. Where the development standards in the Agreement are more restrictive, they shall govern development of the Property, as -specified herein. 7.3 Construction Phasing. Project construction shall be limited to two phases. Phase I shall omprise 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 II 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 1, 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 Project Design and Site Configuration. 9.1.1 Building Setback. All site improvements shall be setback from South 3361h Street a minimume pro of 50 feet. Thperty bordering South 336' Street shall be deemed the orb 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 property lines and public rights -of -way and access easements. Along South 3361h Street, landscaping shall be 50 feet in width consisting of 25 feet of a combination of Existing Native and Type III landscaping and 25 feet of Type IV landscaping. Along all other property lines associated with that portion of the Property containing the church, landscaping shall be 15 feet in width consisting of 10 feet of a combination of Existing Native and Type III landscaping and 5 feet of Type IV landscaping. Wetlands and wetland buffers which are vegetated in accordance with a City approved wetland mitigation plan and landscape plan and which are in excess of fifty (50) feet between the development and the property line shall be deemed to have satisfied the landscaping requirements of that property line. 9.1.3.2 Detention Pond Landscaping. Landscaping around detention ponds shall comply with the approved landscape plan and include at a minimum provision for dense bank cover and trees larger than the minimum required by FWCC to provide shade and reduce water temperature. For purposes of this Agreement, the term "larger" means deciduous trees larger than three inch caliper and evergreen trees taller than eight feet. 9.1.3.3 Habitat Retention. CFC shall provide a fifty (50) foot wide wildlife corridor from the west wetland to the east wetland with small animal culvert crossings under proposed roads and water ponding areas along the wildlife corridor, at a spacing of approximately 200 feet, to provide drinking areas for small animals. 9.1.4 Parkin. 9.1.4.1 Setback. Parking shall be permitted within the required side and rear yards, but not within 10 feet of any property line associated with the school or within 15 feet of any property line associated with the church or within any required buffer. 9.1.4.2 Number of Stalls. CFC shall provide a minimum of 1,406 parking stalls and a maximum of 1,540 parking stalls. 9.1.4.3 Parking Dimensions. Maximum parking lot and stall dimensional requirements shall be equivalent to corresponding minimum FWCC requirements except as modified by Exhibit E to the Concomitant Agreement and Development Agreement between the City of Federal Way and the Christian Faith Center recorded under King County Recording No. 20040819000548 and incorporated herein by this reference. 9.1.4.4 Overflow Parking/Special Events. Overflow parking shall be permitted only pursuant to a parking plan approved by the Director of Public Works. CFC shall develop and submit a plan for approval by the Director of Public Works prior to special events to manage overflow parking through an arrangement with an appropriate transit provider or local hosts for shared use of additional off -site parking spaces and shuttle transportation connecting the overflow parking areas and the site during special events or in the event of recurring overflow parking conditions. CFC shall be responsible for all costs associated with traffic control including, but not limited to, flaggers, police officers, signs, and shuttle transportation. 9.1.5 Size Limitation. 9.1.5.1 School. As part of Phase I, a 31,199 square foot school will be constructed in the sanctuary building attached hereto as Exhibits C, C-1, and C-2 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 C-4 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 College Hours. Dominion College classes shall not be held on weekends or between the hours of noon and 6:30 p.m. weekdays. 9.2.3 Bible Study Hours. Bible Study classes shall be held only weekdays before noon. 9.2.4 School Hours. School classes shall be completed no later than 3:30 p.m. daily. 9.2.5 HolidayServices/Special Events. Holiday services and special events shall be scheduled consistent with the approved Traffic Management Plan (TMP) required by 9.4.12 and consistent with 9.1.4.4. 9.3 Construction Mitigation. 9.3.1 Erosion Sediment Control. CFC shall designate and provide an onsite Erosion Sediment Control (ESC) Supervisor approved by the Director of Public Works, who possesses a Construction Site Erosion and Sediment Control Certification by the Washington State Department of Transportation (WSDOT). This ESC Supervisor shall be available for the duration of the project. The qualifications and responsibilities of the ESC Supervisor are outlined in the 1998 King County Surface Water Design Manual (KCSWDM) and City of Federal Way Addendum. The Director of Public Works may further limit clearing and grading activities on the site based on recommendations from the ESC Supervisor and requirements of the KCSWDM. 9.3.2 Stormwater Pollution Prevention Plan. A construction Stormwater Pollution Prevention Plan (SWPPP) shall be provided by CFC and reviewed and approved by the Director of Public Works prior to issuance of any construction permits or authorizations. Construction phasing shall be included in this plan. CFC has proposed several BMP's which shall be captured in the SWPP plan including, but not limited to, confining refueling and equipment maintenance to a hard -surface staging area with spill containment features and a spill clean-up kit, and pipe slope drains used to convey storm water over steep slopes. 9.3.3 Clearing and Grading. Clearing and grading shall be allowed only pursuant to a phased construction plan approved by the Director of Public Works. Clearing and grading shall occur only between May 1 and September 30 unless otherwise approved by the Director of Public Works. 9.4 Traffic Mitigation. CFC shall perform, as part of Project construction and prior to issuance of certificate of occupancy unless otherwise noted, the following traffic mitigation as required and approved by the Director of Public Works. 9.4.1 CFC shall reconstruct 18th Avenue South from the existing berm to South 344th 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 18th Avenue South and South 341" Street and 18th Avenue South and South 344th Street to narrow the throat width of 18th 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 344th Street from 16th Avenue South to 18th 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 344th Street to the east side of the intersection of South 344th Street and 16th 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 344th Street through the intersection of 16th Avenue South and shall signalize the intersection of South 344th/16th 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 344th Street and provide a westbound-to-southbound left - turn lane within existing right-of-way. If delays beyond the control of CFC and the City prevent the completion of these improvements by the time of issuance of 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. 7 9.4.5 CFC shall perform a sight distance study, propose a conceptual intersection plan for the intersection of 20th Avenue South at South 3415t 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 336th Street consistent with Exhibits G-5 and G-6 to the Concomitant Agreement and Development Agreement between the City of Federal Way and the Christian Faith Center recorded under King County Recording No. 20040819000548 and incorporated herein by this reference. The improvements shall be consistent with Type M street between SR 99 and 20`h Avenue South, consisting of an 18-foot half -street with curbs and gutter, six-foot planter strip with street trees, eight -foot sidewalk, street lights, underground utilities, and three-foot utility strip. Improvements will be consistent with Type K street between 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 3361h Street at 201h 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 20th Avenue South for a distance of 225 feet (175 feet of storage and 50 foot taper) to the north of the intersection of South 330 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 turn lane from South 3361h Street to 201h Avenue South. 9.4.9 CFC shall construct traffic calming elements on 20th Avenue South from South 336`h Street to South 330`h Street, including traffic circles at South 330th Street and South 332❑d Street and an island diverter at South 3361h Street to prevent northbound and southbound through movements, and construct a sidewalk on the east side of 201h Avenue South from South 3361h 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 201h Avenue South in the existing location north of South 3361h Street and one located on South 336th 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 3241h Street, SR 99 and South 330 Street, SR 99 and South 3361h Street, SR 99 and South 340`h Street, 16`h 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 (TMP) for the Project as approved by the Director of Public Works. 9.4.13 CFC shall pay to the City Three Hundred Fifty Thousand and No/100 Dollars ($350,000.00) to expand the City's existing project at the intersection of South 348h Street and SR 161 to provide for the construction of a second northbound right -turn lane with 550 feet of storage. Payment shall be made one year after receipt of the Certificate of Occupancy for Phase One of the Project or upon award of the bid to construct the turn lane whichever shall occur first. 9.4.14 CFC shall pay to King County its pro rata share contribution to the King County Transportation Improvement Plan (TIP) project at South 320`h Street and Military Road in the amount of Six Hundred Forty -Seven and No/100 Dollars ($647.00). Except as provided above, CFC shall use its best efforts to acquire any and all right-of-way necessary to complete the improvements described in this Agreement. If, through no fault of CFC, CFC is unable to acquire right-of-way necessary to complete the improvements described, the City and CFC agree to meet and confer on possible alternatives. The Director of Public Works may modify the required improvements as necessary provided impacts are mitigated. 9.5 Payment of Pro Rata Share. CFC shall pay, prior to issuance of the certificate of occupancy for Phase One of its construction as defined in this Agreement, its pro rata share contribution to impacted City Transportation Improvement Plan (TIP) projects, identified and calculated below: o S 348'h St: 91h Ave S — SR 99: $60,500 o S 356`h St: ls' Ave S — SR 99: $50,200 o S 348'h St @ ls` Ave S: $I3,100 o S 336`h St @ ls` Way S: $3000 0 12'h Ave SW / SW 340 St Extension: SW Campus Dr— 21s' Ave SW: $38,700 o I" Ave S: S 3201h St — S 330`h St: $7600 0 21s' Ave SW Extension: SW 3561h St — 22°d Ave SW: $2800 o SR 18 @ SR 161: $24,800 o S 336`h St @ 9'h Ave S: $1100 o S 320'h St @ I-5: $34,100 Total $235,900 9.6 Surface Water Mitigation. The following stormwater mitigation, as required and approved by the Director of Public Works, shall be designed by CFC prior to issuance of construction permits or authorizations and constructed by CFC prior to issuance of certificate of occupancy. 9.6.1 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 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 Hto 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 Pro'ect 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 maybe approved by the Director of Community Development Services and processed in accordance with FWCC 22-1680. Factors to be considered by the Director of Community Development Services when determining if a modification to the Plan is minor include but are not limited to the following: a. Activity changes (excluding change of use of the principal use or expansion of accessory uses as specified herein) or increases in square footage of gross floor area as defined by FWCC 22-1 that do not result in significant additional or modified trip generation or distribution. 10 b. Changes in the location or number of access points that do not impact traffic safety or modify trip distribution. c. Requests for modification of landscaping pursuant to FWCC 22-1570. d. Removal of significant trees in conjunction with other actions deemed minor. e. Addition of fewer than 20 parking stalls outside of areas containing "significant trees," as defined by the FWCC. f. Exterior changes that do not significantly add to or alter approved architectural design. g. Actions that do not result in impacts to the environment pursuant to the State Environmental Policy Act requiring issuance of a mitigated threshold determination of nonsignificance. h. Actions that do not require review by the hearing examiner. A modification is not minor if the Director of Community Development Services determines that there will be substantial changes in the impacts on the neighborhood or the city as a result of the change. Modifications that are not minor modifications are major modifications and shall require City Council approval pursuant to FWCC 22-1680. 11. Waiver and Mutual Release of Claims of Invalidity. The City and CFC acknowledge and represent that the terms of this Agreement have been jointly negotiated and that each party enters into this Agreement voluntarily. Further, CFC and the City agree that this Agreement is authorized under law and each party waives any claim that the Agreement is invalid or illegal. The agreements and representations in this Section are material to this Agreement and are being relied upon by both parties. 12. General Provisions. 12.1 Binding on Successors. 12.1.1 The Agreement shall bind and inure to the benefit of the Parties and their successors in interest, and may be assigned to any successor in interest to the Project property. 12.1.2 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. m 12.4 Authori . The City and CFC each represents and warrants to the other that it has the respective power and authority, and is duly authorized, to execute and deliver this Agreement and that the persons signing on its behalf are duly authorized to do so. CFC further represents and warrants that it is the fee owner of the Property, that it has authority to agree to the covenants and provisions contained herein, and that there are no other persons, entities, or parties with any fee interest in the Property. 12.5 Amendment. This Agreement may be modified only by written instrument authorized by the City Council and duly executed by the City Manager and CFC, and their successors and assigns consistent with FWCC 22-1679; provided, however, notwithstanding the provisions of this Agreement to the contrary, the City of Federal Way may, without the agreement of CFC, adopt and impose upon the Property restrictions and development regulations different than those set forth herein, if required by a serious threat to public health and safety. Moreover, as provided in Section 5 of the Agreement, five years after the date of the execution of the Agreement, the City may elect, without the agreement of CFC, to apply development regulations in effect at that time to any development within the scope of the Agreement that has not been completed at that time. 12.6 Exhibits. All exhibits attached hereto are incorporated herein by this reference as if fully set forth herein. 12.7 Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit, or otherwise modify the terms and conditions of this Agreement. 12.8 Integration; Scope of Agreement. This Agreement and its exhibits represent the entire agreement of the Parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein. This Agreement does not set forth all conditions applicable to the Project to the extent that additional conditions may be imposed as part of any permit issued by the City, as required by the Federal Way City Code as determined by the discretion of the Directors of the Departments of Community Development Services and/or Public Works. 12.9 Enforcement. Subject to the notice and cure provisions of this section, in the event either party fails to satisfy any of its obligations under this Agreement, the other party shall have the right to enforce this Agreement by an action at law for damages or in equity for specific performance. The Parties acknowledge that damages are not an adequate remedy for breach by either party. In addition to the remedies set forth herein, in the event of a breach of this Agreement by CFC, the City may enforce this Agreement under the enforcement provisions of the Federal Way City Code in effect at the time of the breach and/or it may terminate this Agreement and take action to amend the Comprehensive Plan and zoning designation of the Property. No party shall be in default under this Agreement unless it has failed to perform its duties or obligations under this Agreement for a period of thirty (30) days after written notice of default from the other party. A notice of default shall specify the nature of the alleged default and the manner in which the default may be cured. If the nature of the default is such that it cannot be reasonably cured within thirty (30) days, then a party shall not be deemed in default if the party commences a cure within thirty (30) days and, thereafter, diligently pursues completion of the cure. 12.10 Attorneys Fees. In any action brought to enforce this Agreement or for damages resulting 12 from a breach thereof, the prevailing party as determined by the court, shall be entitled to recover its reasonable attorneys' fees. 12.11 Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers of the City granted by the Washington State Constitution or by general law. This Agreement is an exercise of the City's police powers, the authority granted under RCW 36.70B.170-.210, and other laws. 12.12 Recording: Assignment. The Agreement shall be recorded with the Real Property Records Division of the King County Records and Elections Department. 12.13 No Third Parties. The Agreement is made and entered into for the benefit of the parties hereto and their successors and assigns. No other person or entity is an intended third party beneficiary. No other person or entity shall have any right of action under this Agreement. IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year indicated. CITY OF FEDERAL WAY, a Washington municipal corporation I� Neal Beats, City Manager Date: ATTEST: This r day of Laura Hathaway, CMC Federal Way City Clerk Approved as to Form for City of Federal Way: City Attorney, Patricia A. Richardson 2004. 13 CHRISTIAN FAITH CENTER, a Washington nonprofit corporation Casey Treat, President Date: Approved as to Form for Christian Faith Center: Brian Lawler Lawler Burroughs & Baker, PC STATE OF WASHINGTON } )ss. COUNTY OF KING ) On this day, personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, Casey Treat to me known to be the President of CHRISTIAN FAITH CENTER, a Washington non-profit corporation, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument on behalf of said corporation. Given under my hand and official seal this day of , 2007. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: I:\CFC\Amendment to DevelopmentAgreement\Recorded Development Agreement\Recorded Version Development Agreement.doc/8/6/2007 14 EXHIBIT A TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT LEGAL DESCRIPTIONS OF PROPERTY 15 EXHIBITS B-1 & B-2 PHASE I AND PHASE II TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT DEVELOPMENT PLAN 16 EXHIBITS C, C-1- C-6 PHASE 1 AND PHASE II TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT LIST OF PERMITTED ACCESSORY USES AND PHASING PLAN 17 EXHIBIT 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 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 lI 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 36.7013.170 through .210 and FWCC 22-1660 through 22-1680. It addresses Project development standards, which are defined in the statute to include, for example, impact fees, mitigation, design standards, phasing issues, review procedures, vesting issues, and any other appropriate development requirements.' The Agreement provides the City and CFC with certainty as to the type of Project that will be built, the type of mitigation that will be provided, and the development regulations to which the Project will vest. The Project is consistent with current local regulatory requirements? As authorized by state statute,3 the Agreement identifies mitigation under City codes and the State Environmental Policy Act (Chapter 43.21C RCW, "SEPA") required for the project. 5. Vesting. City development regulations, as found in the Federal Way City Code (FWCC) or otherwise legislatively adopted,4 and the mitigation measures adopted herein shall govern the Project for a period of five years, dating from execution of the original Agreement, dated July 21, 2004. Any amendments or additions made to City development regulations during the five year period shall not apply to or affect the development, except as otherwise provided, or if other county, state or federal laws preempt the City's authority to vest regulations. The City reserves the authority to impose new or different officially adopted regulations to the extent required by a serious threat to the public health and safety.5 After the five-year period, amendments or additions made by the City to these development regulations and the mitigation measures adopted herein shall apply to any subsequent or further development of the Property. Otherwise, the Property and the uses thereof that are developed consistent with this Agreement shall be deemed legal, nonconforming uses. Provisions of the Agreement, including specifically identified development standards and mitigation measures, do not terminate after the five-year period and continue to restrict development of the Property unless and until amended by the City. 6. Project Mitigation Under SEPA. The Project has been subject to detailed environmental review. A Final Environmental Impact Statement ("FEIS") was issued on March 3, 2004, and addenda were issued April 16, 2004, and May 21, 2004. Mitigation of significant adverse environmental impacts imposed under SEPA, through the City's SEPA regulations, is incorporated into the Agreement. 7. Development of CFC Property. 7.1 Permitted Uses. CFC covenants and agrees that it will limit any use of the Property to the church and school uses, as depicted in the Development Plan, attached hereto as Exhibit B and ' RCW 36.70B.170(3) 2 RCW 36.70B.170(1) 3 RCW 3 6.70B. 170(3)(c) 4 Legal requirements include legislatively adopted standards governing development, such as zoning, building and development regulations, impact fees, SEPA regulations and substantive SEPA policies, and other laws, ordinances, or policies. 5 See RCW 36.70B.170(4) --R 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 use, in the RM 3600 zone. 7.2 Relationshig Between Cily Development Regulations and Development Standards Identified in A reement. 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 II 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 Project Design and Site Configuration. 9.1.1 Building Setback. All site improvements shall be setback from South 336`h Street a minimum of 50 feet. The property bordering South 336t' 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 LandscQiniz. CFC shall provide a combination of existing and new native landscaping to accomplish Type III landscaping along all property lines and public rights -of -way and access easements. Along South 3361h 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. 4 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 C-2 and incorporated herein by this reference. The school structure, to be constructed in Phase II, shall be limited to 101,526 square feet, as depicted in the attached Conceptual Floor Plan, attached hereto as Exhibits C-3 and C-4 and incorporated herein by this reference. Upon construction of the Phase 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 College Hours. Dominion College classes shall not be held on weekends or between the hours of noon and 6:30 p.m. weekdays. 9.2.3 Bible Study Hours. Bible Study classes shall be held only weekdays before noon. 9.2.4 School Hours. School classes shall be completed no later than 3:30 p.m. daily. 9.2.5 Holiday Services/Special Events. Holiday services and special events shall be scheduled consistent with the approved Traffic Management Plan (TMP) required by 9.4.12 and consistent with 9.1.4.4. 9.3 Construction Miti ag tion. 9.3.1 Erosion Sediment Control. CFC shall designate and provide an onsite Erosion Sediment Control (ESC) Supervisor approved by the Director of Public Works, who possesses a Construction Site Erosion and Sediment Control Certification by the Washington State Department of Transportation (WSDOT). This ESC Supervisor shall be available for the duration of the project. The qualifications and responsibilities of the ESC Supervisor are outlined in the 1998 King County Surface Water Design Manual (KCSWDM) and City of Federal Way Addendum. The Director of Public Works may further limit clearing and grading activities on the site based on recommendations from the ESC Supervisor and requirements of the KCSWDM. 9.3.2 Stormwater Pollution Prevention Plan. A construction Stormwater Pollution Prevention Plan (SWPPP) shall be provided by CFC and reviewed and approved by the Director of Public Works prior to issuance of any construction permits or authorizations. Construction phasing shall be included in this plan. CFC has proposed several BMP's which shall be captured in the SWPP plan including, but not limited to, confining refueling and equipment maintenance to a hard -surface staging area with spill containment features and a spill clean-up kit, and pipe slope drains used to convey storm water over steep slopes. 9.3.3 Clearing and Grading. Clearing and grading shall be allowed only pursuant to a phased construction plan approved by the Director of Public Works. Clearing and grading shall occur only between May 1 and September 30 unless otherwise approved by the Director of Public Works. 9.4 Traffic Mitigation. CFC shall perform, as part of Project construction and prior to issuance of certificate of occupancy unless otherwise noted, the following traffic mitigation as required and approved by the Director of Public Works. 9.4.1 CFC shall reconstruct 18th Avenue South from the existing berm to South 344th 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 18th Avenue South and South 3415t Street and 18th Avenue South and South 3440' Street to narrow the throat width of 18th 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 340 Street from 16th Avenue South to 18"' 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 344th Street to the east side of the intersection of South 344th Street and 16th 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 3441h Street through the intersection of 16th Avenue South and shall signalize the intersection of South 3441h/161h 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 344th Street and provide a westbound-to-southbound left - turn lane within existing right-of-way. If delays beyond the control of CFC and the City prevent the completion of these improvements by the time of issuance of 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 20th Avenue South at South 341St Street to be approved by the Director of Public Works, and construct improvements as determined by the Director of Public Works. 9.4.6 CFC shall construct street improvements along South 336`h Street consistent with Exhibits G-5 and G-6 to the Concomitant Agreement and Development Agreement between the City of Federal Way and the Christian Faith Center recorded under King County Recording No. 20040819000548 and incorporated herein by this reference. The improvements shall be consistent with Type M street between SR 99 and 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 3361h Street at 201h 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 20th Avenue South for a distance of 225 feet (175 feet of storage and 50 foot taper) to the north of the intersection of South 336th 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 turn lane from South 336th Street to 20th Avenue South. 9.4.9 CFC shall construct traffic calming elements on 20th Avenue South from South 336`h Street to South 3301h Street, including traffic circles at South 330th Street and South 332°d Street and an island diverter at South 336th Street to prevent northbound and southbound through movements, and construct a sidewalk on the east side of 20th Avenue South from South 336th 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 20th Avenue South in the existing location north of South 336`h Street and one located on South 336th 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 201h Avenue South and South 336th Street, SR 99 and South 320 Street, SR 99 and South 330th Street, SR 99 and South 336th Street, SR 99 and South 340`h Street, 16th Avenue South and South 344th Street, and SR 161 and South 348`h Street. 9.4.12 CFC shall implement a Traffic Management Plan (TMP) for the Project as approved by the Director of Public Works. 9.4.13 CFC shall pay to the City Three Hundred Fifty Thousand and No/100 Dollars ($350,000.00) to expand the City's existing project at the intersection of South 348th 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 320th Street and Military Road in the amount of Six Hundred Forty -Seven and No/100 Dollars ($647.00). Except as provided above, CFC shall use its best efforts to acquire any and all right-of-way necessary to complete the improvements described in this Agreement. If, through no fault of CFC, CFC is unable to acquire right-of-way necessary to complete the improvements described, the City and CFC agree to meet and confer on possible alternatives. The Director of Public Works may modify the required improvements as necessary provided impacts are mitigated. 9.5 Payment of Pro Rata Share. CFC shall pay, prior to issuance of the certificate of occupancy for Phase One of its construction as defined in this Agreement, its pro rata share contribution to impacted City Transportation Improvement Plan (TIP) projects, identified and calculated below: o S 348th St: 9th Ave S — SR 99: $60,500 o S 356th St: lst Ave S — SR 99: $50,200 o S 348" St @ I"' Ave S: $13, 100 o S 336" St @ 1" Way S: $3000 o 121h Ave SW / SW 344th St Extension: SW Campus Dr— 21" Ave SW: $38,700 o I" Ave S: S 320th St — S 330" St: $7600 o 21st Ave SW Extension: SW 3561h St — 22❑d Ave SW: $2800 o SR 18 @ SR 161: $24,800 o S 336`h St @ 91h Ave S: $1100 o S 3201h St @ I-5: $34,100 Total $235,900 9.6 Surface Water Mitigation. The following stormwater mitigation, as required and approved by the Director of Public Works, shall be designed by CFC prior to issuance of construction permits or authorizations and constructed by CFC prior to issuance of certificate of occupancy. 9.6.1 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 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 Hto the Concomitant Agreement and Development Agreement between the City of Federal Way and the Christian Faith Center recorded under King County Recording No. 20040819000548 and incorporated herein by this reference, and as approved by the Director of Public Works. 10. Other Project Review Processes and Minor Modifications. 10.1 Other Project Review Processes. The Project will be subject to building permit review and other applicable review processes. The final design of the buildings and other improvements, precise location of building footprints, location of utilities, determination of access points, and other design issues will be determined during that process and must be consistent with the Agreement. 10.2 Modifications. Minor modifications to the Plan may be approved by the Director of Community Development Services and processed in accordance with FWCC 22-1680. Factors to be considered by the Director of Community Development Services when determining if a modification to the Plan is minor include but are not limited to the following: a. Activity changes (excluding change of use of the principal use or expansion of accessory uses as specified herein) or increases in square footage of gross floor area as defined by FWCC 22-1 that do not result in significant additional or modified trip generation or distribution. 10 b. Changes in the location or number of access points that do not impact traffic safety or modify trip distribution. c. Requests for modification of landscaping pursuant to FWCC 22-1570. d. Removal of significant trees in conjunction with other actions deemed minor. e. Addition of fewer than 20 parking stalls outside of areas containing "significant trees," as defined by the FWCC. f. Exterior changes that do not significantly add to or alter approved architectural design. g. Actions that do not result in impacts to the environment pursuant to the State Environmental Policy Act requiring issuance of a mitigated threshold determination of nonsignificance. h. Actions that do not require review by the hearing examiner. A modification is not minor if the Director of Community Development Services determines that there will be substantial changes in the impacts on the neighborhood or the city as a result of the change. Modifications that are not minor modifications are major modifications and shall require City Council approval pursuant to FWCC 22-1680. 11. Waiver and Mutual Release of Claims of Invalidity. The City and CFC acknowledge and represent that the terms of this Agreement have been jointly negotiated and that each party enters into this Agreement voluntarily. Further, CFC and the City agree that this Agreement is authorized under law and each party waives any claim that the Agreement is invalid or illegal. The agreements and representations in this Section are material to this Agreement and are being relied upon by both parties. 12. General Provisions. 12.1 Binding on Successors. 12.1.1 The Agreement shall bind and inure to the benefit of the Parties and their successors in interest, and may be assigned to any successor in interest to the Project property. 12.1.2 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. 11 12.4 Authoriiy. 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 Inte;ration, Scope of Agreement. This Agreement and its exhibits represent the entire agreement of the Parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein. This Agreement does not set forth all conditions applicable to the Project to the extent that additional conditions may be imposed as part of any permit issued by the City, as required by the Federal Way City Code as determined by the discretion of the Directors of the Departments of Community Development Services and/or Public Works. 12.9 Enforcement. Subject to the notice and cure provisions of this section, in the event either party fails to satisfy any of its obligations under this Agreement, the other party shall have the right to enforce this Agreement by an action at law for damages or in equity for specific performance. The Parties acknowledge that damages are not an adequate remedy for breach by either party. In addition to the remedies set forth herein, in the event of a breach of this Agreement by CFC, the City may enforce this Agreement under the enforcement provisions of the Federal Way City Code in effect at the time of the breach and/or it may terminate this Agreement and take action to amend the Comprehensive Plan and zoning designation of the Property. No party shall be in default under this Agreement unless it has failed to perform its duties or obligations under this Agreement for a period of thirty (30) days after written notice of default from the other party. A notice of default shall specify the nature of the alleged default and the manner in which the default may be cured. If the nature of the default is such that it cannot be reasonably cured within thirty (30) days, then a party shall not be deemed in default if the party commences a cure within thirty (30) days and, thereafter, diligently pursues completion of the cure. 12.10 Attorneys. In any action brought to enforce this Agreement or for damages resulting 12 from a breach thereof, the prevailing party as determined by the court, shall be entitled to recover its reasonable attorneys' fees. 12.11 Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers of the City granted by the Washington State Constitution or by general law. This Agreement is an exercise of the City's police powers, the authority granted under RCW 36.70B.170-.210, and other laws. 12.12 Recordin • Assignment. The Agreement shall be recorded with the Real Property Records Division of the King County Records and Elections Department. 12.13 No Third Parties. The Agreement is made and entered into for the benefit of the parties hereto and their successors and assigns. No other person or entity is an intended third party beneficiary. No other person or entity shall have any right of action under this Agreement. IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year indicated. CITY OF FEDERAL WAY, a Washington municipal corporation BY: Neal Beats, City Manager Date- ATTEST: This day of 52004. Laura Hathaway, CMC Federal Way City Clerk Approved as to Form for City of Federal Way: City Attorney, Patricia A. Richardson 13 CHRISTIAN FAITH CENTER, a Washington nonprofit corporation I:• Casey Treat, President Date: Approved as to Form for Christian Faith Center: Brian Lawler Lawler Burroughs & Baker, PC STATE OF WASHINGTON ) )ss. COUNTY OF KING ) On this day, personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, Casey Treat to me known to be the President of CHRISTIAN FAITH CENTER, a Washington non-profit corporation, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument on behalf of said corporation. Given under my hand and official seal this day of )12007. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: I:\CFC\Amendment to DevelopmentAgreement\Recorded Development Agreement\Recorded Version Development Agreement.doe/8/6/2007 14 EXHIBIT A TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT LEGAL DESCRIPTIONS OF PROPERTY 15 EXHIBITS B-1 & B-2 PHASE I AND PHASE II TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT DEVELOPMENT PLAN 16 EXHIBITS C, C-1- C-6 PHASE 1 AND PHASE II TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT LIST OF PERMITTED ACCESSORY USES AND PHASING PLAN 17 TO CONCOMITANT AGREEMENT AND DEVELOPMENT AGREEMENT CONCEPTUAL FLOOR PLAN THIS EXHIBIT HAS BEEN REPLACED BY EXHIBITS Cl-C6 18 J 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 A�k CITY OF Federal Way MASTER LAND USE APPLICATION DEPARTMENT OF COMMUNTrY DEVELOPMENT SERVICES 33325 8"' Avenue South Federal Way, WA 98003-6325 253-835-2607; Fax 253-835-2609 CITY OF FEDERAL WAY www•cityoffederalway.eotn CDS /d520z--O0 RECEIVED NOV 2,5 2013 APPLICATION NO(S) xd. - „2,5- -C:70 01 - Q 6 , (50 Date //Z- Project Name ,�JJ` 7-1h/T�i2 Property Address/Location3 /Q'S!� ad �� ✓� �� - Parcel Number(s) Project Description/JiJ.L L e �, 14.L-z) !27 J.LJ.47-�� "LEASE PRINT Type of Permit Required Annexation Binding Site Plan Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director's Approval) Process II (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Required Information 3kooa Zoning Designation Comprehensive Plan Designation Value of Existing Improvements Value of Proposed Improvements International Building Code (IBC): Occupancy Type Construction Type Applicant Name: ed/yi+ii $- 6z_" y / l &,-s Address: 90 y -3 - acf 1° & 7- City/State: 7?9}-c-o M A- w , 9 Zip: 9 8 " q Phone: :9 5 3 • iq 73 - _0 Fax: :Ls3 • -V70- /v7 Email• L°DNr�� E LC�� u •r�,Be'i il>•uS�'eM Signature: . Agent (if different than Applicant) Name:n., Address: City/State: Zip: Phone: Fax: Email: Signature: Owner Name: aw2J.5 Ti"4.r•1 Address: 3 34 e'°` "' J2� Ci[y/State: ZeJ49y+ W?) Zip: 5 dao3 Phone: .264 Jd Ja Fax: Email: Signature: _illetin #003 — January 1, 2011 Page 1 of 1 k:\Handouts\Master Land Use Application