ORD 11-692ORDINANCE NO. ll-692
AN ORDINANCE of the City of Federal Way, Washington, relating
to amending the Christian Faith Center concomitant and development
agreement, amending Ordinance No 04-461.
WHEREAS, on July 20, 2004, ordinance 04-461 adopted a concomitant and development
agreement (among other things), which specified the development parameters, mitigation and
other special requirements for construction of the Christian Faith Center (CFC) church located at
33645 20 Avenue South, Federal Way; and
WHEREAS, section 9.4.4 of the concomitant and development agreement (Agreement)
specifies traffic mitigation to include signalization of the intersection of Pacific Highway South
(SR 99) and South 344 Street; and
WHEREAS, the traffic mitigation identified in section 9.4.4 of the Agreement has not
been constructed, but CFC has provided the city with a bond to guarantee construction of the
improvements, as permitted in section 9.4.4 of the Agreement; and
WHEREAS, pursuant to the Agreement, CFC was authorized to construct the main
church sanctuary with seating for 4,500 persons and the traffic mitigation of section 9.4.4 was
intended to mitigate for full build-out of the church sanctuary; and
WHEREAS, at this point in time CFC has not fully built out the facility as authorized by
the agreement (the mezzanine level has not been constructed), which results in a current seating
capacity of only 3,049 persons; and
WHEREAS, on May 2, 2011, CFC submitted to the city a request to modify the
Agreement to officially defer the requirement for traffic mitigation identified in section 9.4.4 of
the Agreement until such time as additional seating capacity is added, which thereby causes the
need for such mitigation; and
Ordinance No. 11-692 Page 1 of 6
WHEREAS, An Environmental Impact Statement (EIS) was prepared in conjunction
with the original Agreement and the proposed amendment to the Agreement does not change the
mitigation measures, including traffic mitigation measures, required through the EIS; and
WHEREAS, a properly noticed public hearing was held on June 21, 2011, for the
purpose of obtaining input from interested parties,
NOW, THEREFORE, THE CIT� COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings and Conclusions. The City Council of the City of Federal Way makes
the following findings and conclusions with respect to the proposed amendment to the
Agreement (Exhibit A).
(a) The City Council adopts the statement of facts and conclusion contained in the
staff report.
(b) The proposed amendment to the Agreement is compatible with and has no
negative impact upon adjacent land uses, as detailed in the staff report.
(c) The proposed amendment to the Agreement maintains adequate facilities
including utilities, roads, public transportation, parks, recreation, and schools in arder to mitigate
impacts of the development, as detailed in the staff report.
(d) The proposed amendment to the Agreement does not reduce potential benefits to
the community associated with the church, as detailed in the staff report.
(e) The proposed amendment to the agreement does not have any detrimental effect
on any aspect to the city's Comprehensive Plan, as detailed in the staff report.
( fl The proposed amendment to the Agreement has followed the proper procedure
required under the FWRC.
Ordinance No. 11-692 Page 2 of 6
Section 2. Section 9.4.4 of the Agreement is hereby amended to read as follows:
Prior to approval of any seatin� capacit�pansion that results in total
seating exceeding 3 375 seats in the sanctuary except as noted below for special
events CFC shall submit to the City for review and approval an updated traffic
analvsis that analvzes the impacts and identifies miti�ation for those impacts at
that time. In the event that the Public Works Director finds that the signal is
warranted based on the submitted reports, CFC shall construct street
improvements consistent with the attached Exh�ibit G-4 to signalize the
intersection of SR 99 and South 344 Street and provide a westbound-to-
southbound left-turn lane within existing right-of-way. If delays beyond the
control of CFC and the City prevent the completion of these improvements by the
time of issuance of certificate of occupancy, CFC may obtain a certificate of
occupancy subject to the Public Works Director requiring temporary traffic
control measures for up to one hour following the end of each Sunday service
until such time that the traffic signal is operational.
Any combination of fixed/unfixed seatin� not exceedin� 3 800 shall be permitted for
irre ug lar special events not occurrin� on Sundays. The analysis and traffic miti�ation
described above shall not be tri�gered for such special events.
Section 3. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, ar the validity of its application to any
other persons or circumstances.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
Ordinance No. 11-692 Page 3 of 6
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers, and any
references thereto.
Section 5. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
ection 6. Effective Date. This ordinance shall be effective five (5) days after passage
and publication as provided by law.
PASSED by the City Council of the City of Federal Way this Sth day of July, 2011.
CITY OF FEDERAL WAY
MAYOR, S IP PRIEST
ATTEST:
c�� �
CITY CLERK, CAR L MCN LY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 6-14-2011
PASSED BY THE CITY COUNCIL: 7-5-2011
PUBLISHED: 7-9-2011
EFFECTIVE DATE: 7-14-2011
ORDINANCE NO.: 11-692
Orrlinance No. 11-692 Page 4 of 6
EXHIBIT A
AMENDMENT NO. 2
TO
CONCOMITANT AND DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY AND THE CHRISTIAN FAITA CENTER
FOR DEVELOPMENT OF CHURCH AND PRIVATE SCHOOL
This Amendment No. 2(Amendment) is made between the City of Federal Way, a Washington
municipal corporation (City), and Christian Faith Center (CFC), a Washington nonprofit
corporation. The City and CFC (together Parties), by mutual consent of the parties, agree to
amend the original Agreement for development of a church and school (Agreement) dated
effective July 21, 2004, as amended by Amendment No(s). 1, as follows:
1. SECTION 9.4.4. Section 9.4.4 of the Agreement shall be amended as follows:
Prior to a�proval of anv seatin� ca�acit�pansion that results in total seatin�
exceeding 3,375 seats in the sanctuarv except as noted below for special events,
CFC shall submit to the City for review and a�proval an updated traffic analvsis
that analyzes the impacts and identifies mitigation for those impacts at that time.
In the event that the Public Works Director finds that the signal is warranted
based on the submitted reports, CFC shall construct street improvements
consistent with the attached Exhibit G-4 to signalize the intersection of SR 99 and
South 344 Street and provide a westbound-to-southbound left-turn lane within
existing right-of-way. If delays beyond the control of CFC and the City prevent
the completion of these improvements by the time of issuance of certificate of
occupancy, CFC may obtain a certificate of occupancy subject to the Public
Works Director requiring temporary traffic control measures for up to one hour
following the end of each Sunday service until such time that the traffic signal is
operational.
Any combination of fixed/unfixed seating not exceeding 3,800 shall be permitted
for irre ug lar special events, not occurring on Sundays. The analysis and traffic
mitigation described above shall not be tri�gered for such special events.
2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with
any priar amendments thereto, not modified by this Amendment, shall remain in full force and
effect. The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this Amendment, which is binding on the parties of this contract.
3. RECORDING. This Amendment shall be recorded with the Real Property Records Division
of the King County Recards and Elections Department.
Ordinance No. 1/-692 Page 5 of 6
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY
By:
Skip Priest, Mayar
DATE:
CHRISTIAN FAITH CENTER
By:
Printed Name:
Title:
DATE:
STATE OF WASHINGTON )
) ss.
COUNTY OF )
ATTEST:
City Clerk, Carol McNeilly, CMC
APPROVED AS TO FORM:
City Attorney, Patricia A Richardson
On this day personally appeared before me , to me known to be the
of that executed the
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and
deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that
he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate
seal of said corporation.
GIVEN my hand and official seal this day of
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
2011
,
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