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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 , Ordinance No. II -692 Page 6 of 6