Council PKT 05-24-2004 SpecialAGENDA
FEDERAL WAY CITY COUNCIL
Special Session/Public Hearing
Council Chambers – City Hall
May 24, 2004 – 7:00 p.m.
(www.ci.federal-way.wa.us)
* * * * *
I. CALL MEETING TO ORDER
II. PUBLIC HEARING
Christian Faith Center Application for Comprehensive Plan Amendment and Rezone
from Business Park (BP) to Multifamily Residential 3600 (RM3600) and Associated
Development Agreement and Development Plan
• Staff Report
• Applicant’s Presentation
• Citizen Comment (please limit remarks to 3 minutes)
III. ADJOURNMENT
PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens may
address City Council at this time. When recognized by the Mayor, please come forward to the
podium and state your name for the record. PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES.The Mayor
may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate.
I
PUBLIC NOTICE
FEDERAL WAY CITY COUNCIL
SPECIAL MEETING/PUBLIC HEARING
* * * * *
NOTICE IS HEREBY GIVEN for the following Federal Way City Council Special
Meeting/Public Hearing to be held on:
Monday, May 24, 2004
7:00 p.m.
Council Chambers - City Hall- 33530 First Way So, Federal Way, W A
.
Christian Faith Center Application for Comprehensive Plan Amendment and
Rezone from Business Park (BP) to Multifamily Residential 3600 (RM3600) and
Associated Development Agreement and Development Plan
DATED this 7h day of May, 2004.
N. Christine Green, CMC
City Clerk
POSTED AT CITY HALL, WEB & GOVT CH
NEWSPAPERS NOTIFIED BY FAX
CIRCULATED TO COUNCIL & STAFF
/'UBNOF -/
CITY OF
Fed ara� Way
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
DEPARTMENT OF PUBLIC WORKS DEPARTMENT
STAFF REPORT TO THE
FEDERAL WAY CITY COUNCIL
CHRISTIAN FAITH CENTER
PROPOSED COMPREHENSIVE PLAN AMENDMENT, REZONE,
CONCOMITANT AGREEMENT, DEVELOPMENT AGREEMENT AND
DEVELOPMENT PLAN
(Federal Way File Nos. CPA 99-0004, 02-102271-00-UP; Related File No. 02-102272-00-SE)
CITY COUNCIL PUBLIC HEARING: MAY 24, 2004—7:00 p.m.
FEDERAL WAY CITY HALL CITY COUNCIL CHAMBERS
33530 FIRST WAY SOUTH
Mailing Address — City of Federal Way
PO Box 9718
Federal Way, Washington 98063-9718
CHRISTIAN FAITH CENTER
STAFF REPORT TO FEDERAL WAY CITY COUNCIL
TABLE OF CONTENTS
I. Project Information........................................................ 1
II. City Council Decisions Requested................................... 2
III. Federal Way City Code (FWCC) Basis For Decisions.............................................
IV. Staff Recommendation ..................................................... 2
V. Procedural Summary...........................................................• ...3
VI. Existing Zoning and Land Uses—Site and Surrounding Properties .........................3
VII. Comments Received..................................... 4
VIII. State Environmental Policy Act(SEPA)..................................
IX. Director's Design Decision............................ ......._ 4
X. Process IV-Hearing Examiner's Decision................................................................5
XI. Federal Way City Code(FWCC) Basis For and Effect of Concomitant
Agreement, Development Agreement, and Development Plan........................ .5
XII. Summary of Development Agreement............................ .....6
XIII. Conclusion...........................................................
LIST of EXHIBITS.................................................................. 8
I. PROJECT INFORMATION
Application(s): Christian Faith Center Comprehensive Plan Amendment, Rezone,
Development Agreement, & Development Plan
City File No(s): CPA99-0004; 02-102271-00-UP (Related File No. 02-102272-00-SE)
Proposal(s): The applicant is requesting City Council approval of a Comprehensive
Plan Amendment and Rezone of the subject property from Business Park
(BP) to Multifamily Residential 3600 (RM-3600); and to develop a
218,500 square foot church building and a 101,526 square foot private
school building on the site(Exhibit A),pursuant to a Concomitant
Agreement and Development Agreement.The church includes a 54,000
square foot,4,500-seat sanctuary/school auditorium, with 164,500 square
feet of accessory uses including meeting and classrooms, offices, chapel,
day care,and bookstore. The project also includes a new public street
through the site; right-of-way improvements; parking; storm drainage
facilities;play areas; landscaping; and environmental mitigation areas.
Subject Property: The subject property is 46.58 acres of undeveloped property located south
of South 336"'Street, east of Pacific Highway South, west of Interstate 5,
and north of South 341"Place, in Federal Way(Exhibit B).
Zoning and Comprehensive
Plan Designations: The subject site presently has a zoning and comprehensive plan
designation of Business Park(BP). The proposed church and school are
not allowed uses in the BP zoning district,but both uses are allowed in the
multifamily zoning district(RM-3600)requested by the applicant.
Proposed Access: Access to the project is proposed to be provided from South 336"'Street
via a newly constructed extension of 20"'Avenue South through the site
from South 336"' Street to the north to South 341"Place to the south; with
three driveways to the church and two to the school from the new 20`h
Avenue South;a driveway at Pacific Highway South; and a driveway at
South 336`x`Street west of 20"'Avenue South.
Applicant/Agent: Gil Hulsmann
Abbey Road Group, LLC
PO Box 207
Puyallup, WA 98372
Owner(s): Christian Faith Center(CFC)
PO Box 9860
Seattle, WA 98198
Tax Parcel No(s): APN Nos. 212104-9067, -9066, -9004, -9065, -9064, -9063, -9084, -9083,
-9016, -9051, -9003, -9059.
Christian Faith Center File Nos.CPA 99-0004;02-102271-00-UP,02-102272-00-SE
Staff Report to City Council Page I
Prior City Actions: Prior actions on related code decisions are noted in Sections VIII, IX, and
X,below, and include environmental review under the State
Environmental Policy Act(SEPA); Director's Design Decision on
elements of the related to site and building design; and Process N Hearing
Examiner's decision on environmentally sensitive areas requests.
II. CITY COUNCIL DECISIONS REQUESTED
The applicant is requesting City Council approval of(1)a Comprehensive Plan Amendment and
(2) Combined Concomitant Agreement and Development Agreement(Exhibit C) and
Development Plan(Exhibit B), for the purpose of establishing the above-described church and
school project on the property and rezoning the property. The Concomitant Agreement, if
approved,would rezone the subject property from Business Park(BP) to Multifamily Residential
3600(RM-3600).
III. FEDERAL WAY CITY CODE(FWCC) BASIS FOR DECISIONS
The requested Comprehensive Plan Amendment and Rezone is subject to a City Council decision
pursuant to Federal Way City Code(FWCC) Chapter 22,Article IX, "Process VI Review;"and
the requested Development Agreement and Development Plan is subject to City Council
decisions pursuant to FWCC Chapter 22, Article IX, "Process VI Review," and FWCC Chapter
22, Article XXI, "Development Agreements."
An analysis of the proposed development agreement under the relevant FW'(V decisional
criteria is provided in Exhibit D. An analysis of the proposed cor prchen5i,e plan amendment
and rezone under the relevant FWCC decisional criteria is provicic d it7 11-, E. Findings of
Fact and Conclusions of Law used as a basis for the staff recommendation and City Council
decisions is provided as Exhibit F.
IV. STAFF RECOMMENDATION
Based on an analysis of the proposal under the relevant Federal Way City Code(FWCC)
decisional criteria and factors for consideration, including FWCC Sections 22-1671, 22-
529,22-530, and 22-488(c)(1)and(2), attached as Exhibits D and E; and Statement of Facts
and Conclusions, attached as Exhibit F; staff recommends that the City Council approve
the proposed Comprehensive Plan Amendment, and Concomitant Agreement and
Development Agreement(which would rezone the property), and Development Plan;
subject to the City's review and approval of final construction documents pursuant to the
conditions set forth in the Agreement and all other applicable adopted codes, standards,
and development regulations.
1 The Development Plan is enclosed as Exhibit B to both the staff report and the Development Agreement.
z FWCC Section 22-1671,"Factors to be considered in review of a development agreement."
3 FWCC Section 22-529,"Factors to be considered in a comprehensive plan amendment"; FWCC Section 22-530,"Criteria for
amending the comprehensive plan';and FWCC Section 22-488(c)(1)and(2),"Decisional criteria for rezones."
Christian Faith Center File Nos.CPA 99-0004;02-102271-00-UP,02-102272-00-SE
Staff Report to City Council Page 2
V. PROCEDURAL SUMMARY
• Comprehensive Plan Amendment/Rezone Requested: April 30, 1999
• LUTC Recommended further review: June 7, 1999
• City Council concurred with LUTC Recommendation: July 6, 1999
• Environmental Threshold Determination issued for the 2001 Comprehensive
Plan Amendments (including Christian Faith Center request): July 4, 2001
• Planning Commission Public Hearing on 2001 Comprehensive
Plan Requests: July 18, 2001, August 15, 2001, &September 19, 2001
• LUTC requested a draft development agreement be prepared
for CFC Request October 1, 2001
• The 2001 comprehensive plan amendment requests, with the exception of
the CFC and Kitts Corner requests, were presented to Council. Staff informed
the Council that staff would prepare development agreements for these
two requests, which would be presented at a later date: October 16, 2001
• LUTC reviewed draft outline of a development agreement and
directed staff to continue working on it: November 5, 2001
• Land Use Preapplication Review: March 27, 2002
• Land Use Application Filed: May 31, 2002
• Land Use Application Determined Complete: June 20,2002
• Notice of Land Use Application Published: July 13, 2002
• Environmental Impact Statement(EIS) Public Scoping Meeting: August 27, 2002
• Neighborhood Traffic Meeting: May 8, 2003
Draft Environmental Impact Statement(DEIS) Issued November 18, 2003
• DEIS public hearing December 12, 2003
• Final Environmental Impact Statement(FEIS)* Issued March 3, 2004
• EIS Briefing to City Council March 15, 2004
• FEIS Adequacy Appeal Deadline March 17, 2004
• Director's Design Decision* Issued March 20,2004
• EIS Addendum Issued April 16, 2004
• Hearing Examiner's Process N Public Hearing: April 20, 2004
• Hearing Examiner's Process IV Decision* Issued: April 23, 2004
• Second EIS Addendum Issued May 21,2004
• City Council public hearing on Comprehensive Plan Amendment,
Rezone, Development Plan and Development Agreement May 24, 2004
(*No appeals of these decisions were submitted to the City by their respective appeal deadlines, as noted
where relevant in this report.)
VT. EXISTING ZONING AND LAND USES-SITE AND SURROUNDING PROPERTIES
Existing zoning designations and land uses of the site and surrounding properties are illustrated
on Exhibit G. The subject site is presently vacant and has a comprehensive plan and zoning
designation of Business Park(BP). Existing zoning in the vicinity includes Multifamily
Residential (RM) to the north; Business Park(BC)to the south; Community Business (BC) to the
4 A second EIS addendum will be issued on May 21,2004,and will be provided to the Council and submitted into the record on
May 24,2004.
Christian Faith Center File Nos.CPA 99-0004;02-102271-00-UP,02-102272-00-SE
Staff Report to City Council Page 3
west; and Corporate Park(BP)to the east. Existing land uses to the north across South 336 '
Street and moving east from Pacific Highway are: Columbia Bank, located at the northeastern
corner of Pacific Highway South and South 336`x' Street, single family residential; Ridge Crest
Motel; then a mix of single family and multi-family residences (South Garden Court
Condominiums, Forest Lane Townhouses, and Greencrest Villa). To the east is I-5 and to the
west, moving from north to south, are small retail establishments, vacant property, and Pacifica
Park Office Building. A City-operated regional surface water detention facility is located at the
northwest corner of the site. To the south is a mix of single-family residences and light industrial
uses in an industrial zone.
VII. COMMENTS RECEIVED
Written comments received on the Comprehensive Plan Amendment and Rezone and Land Use
Application are enclosed(Exhibit H). Of these comments, those that were received on the Draft
Environmental Impact Statement(Exhibit I)were included and addressed in the Final
Environmental Impact Statement(Exhibit.I), and those pertaining to the Process IV application
were included and addressed in the Hearing Examiner's decision(Exhibit H to Exhibit Q.
VIII. STATE ENVIRONMENTAL POLICY ACT(SEPA)
As noted in the above procedural summary,pursuant to the State Environmental Policy Act
(SEPA),the City issued a Notice of Adoption of Existing Environmental Documents and Issuance
of a Determination of Nonsignificance, on the proposed Comprehensive Plan Amendment and
Rezone of the site from Business Park(BP)to Multifamily Residential 3600 (RM-3600)on July 4,
2001. Draft and Final Environmental Impact Statements for the development application were
issued on November 18, 2003, and March 3, 2004,respectively(Exhibits I and.I); and an EIS
Addendum on April 16, 2004(Exhibit I). In addition,the City is in the process of preparing a
second EIS addendum related to holding two church services on Sunday instead of one,which
will be issued on May 21,2004,and will be submitted at the May 24, 2004 hearing as Exhibit L.
Four public meetings were conducted during the environmental.review process for the proposed
development project. These included an EIS Scoping Meeting on August 27, 2002;
Neighborhood Traffic Meeting on May 8, 2003; DEIS hearing on December 12, 2003; and City
Council EIS briefing on March 15, 2004. No appeal of the FEIS was received by the deadline of
March 17,2004. Mitigation of significant adverse environmental impacts imposed under SEPA,
through the City's SEPA regulations, along with mitigation imposed through code requirements
and the City's general police power authority, is incorporated into the Concomitant Agreement
and Development Agreement(referred to generally as "the Development Agreement"or"the
Agreement") for the project as addressed and recommended in this report.
IX. DIRECTOR'S DESIGN DECISION
As required by Federal Way City Code(FWCC) Section 22-1669, "Development Plan",and
FWCC Chapter 22, Article XIX, "Community Design Guidelines,"the design elements of the
proposed project were reviewed by the Director of Community Development Services and
Christian Faith Center File Nos.CPA 99-0004;02-102271-00-UP,02-102272-00-SE
Staff Report to City Council Page 4
approved on March 20, 2004 (Exhibit M), subject to City Council decisions on the proposed
Comprehensive Plan Amendment, Rezone, Development Agreement and Development Plan. The
design decision addresses applicable FWCC design standards as they relate to overall site layout
and building design and pedestrian circulation and amenities. No appeal of the Director's
Decision was submitted by the deadline of April 5, 2004.
X. PROCESS IV—HEARING EXAMINER'S DECISION
As required by FWCC Chapter 22, Article XIV, "Environmentally Sensitive Areas,"and FWCC
Chapter 22, Article VII, "Process IV Review—Hearing Examiner's Decision," the Federal Way
Hearing Examiner held a public hearing on the environmentally sensitive areas requests
associated with the application on April 20, 2004. On April 23, 2004, the Hearing Examiner
conditionally approved the requests, subject to City Council decisions on the proposed
Comprehensive Plan Amendment, Rezone, Development Agreement and Development Plan. No
appeal of the Hearing Examiner's decision was received by the May 10, 2004, deadline.As
referenced and exhibited to the Development Agreement(Exhibit Hto Exhibit C),the April 23,
2004, Hearing Examiner's decision applies to the project as though set forth in full.
The Hearing Examiner's decision authorizes the applicant to fill a 3,762-square foot"Category
III"wetland and buffer located in the approximate center of the site; replace it on another portion
of the site in accordance with code-required replacement ratios; and authorizes other intrusions
into wetland and stream buffers, pursuant to a final Mitigation and Monitoring Plan and other
Process IV conditions of approval.
XI. FEDERAL WAY CITY CODE(FWCC) BASIS FOR AND EFFECT OF CONCOMITANT AGREEMENT,
DEVELOPMENT AGREEMENT,AND DEVELOPMENT PLAN
Pursuant to FWCC Section 22-1660, "Purpose,"development agreements associated with a
comprehensive plan designation and related zoning change may be used at the City Council's
discretion, when the project is larger in scope and has potential larger impacts than normal,or
where the City Council may desire to place certain restrictions on the proposal_ The intent of a
development agreement is not to waive requirements normally associated with a proposed use.
A combined "Concomitant Agreement and Development Agreement" (Exhibit C),herein called
"the Agreement"or "the Development Agreement,"has been prepared for the project subsequent
to the above-noted City Council review and direction, in order to fully address and mitigate all
identified impacts associated with the project. Pursuant to FWCC Section 22-1662, "Content,"
the Agreement sets forth the development standards and other provisions that.apply to, govern,
and vest the development, use, and mitigation of the development of the real property for the
duration specified in the Agreement, consistent with the applicable City of Federal Way
development regulations.The Agreement is accompanied by a Development Plan(Exhibit B to
Agreement) as required by FWCC Section 22-1669, and has been prepared in accordance with
FWCC Section 22-1664, "Preparation of Development Agreement."
As stated in the Agreement(Exhibit C, pages 1-2), it is both a concomitant agreement and a
development agreement_ The concomitant agreement allows for a rezone of certain property
Christian Faith Center File Nos.CPA 99-0004;02-102271-00-UP,02-102272-00-SE
Staff Report to City Council Page 5
subject to restrictions governing the use of the property. The development agreement provides
the City and the developer with certainty regarding the local regulations and mitigation
requirements that will govern development of the project. The development of the Christian Faith
Center property is conditioned and limited by both the concomitant agreement and the
development agreement. If the City Council rezones the property from BP to RM 3600,as
requested by the applicant, the applicant and the City agree that the property may be developed
only in accordance with the Agreement and Development Plan. Site development must be
consistent with both the applicable development regulations contained in the FWCC, and with
the provisions of the Development Agreement; and where the development standards in the
Agreement are more restrictive, they shall govern.
Mitigation measures established in the Development Agreement(Exhibit C) are based on the
Federal Way City Code(FWCC) and adopted regulations, including the SEPA policies adopted
in FWCC Chapter 18-122;Federal Way Comprehensive Plan (FWCP); and the Environmental
Impact Statement(EIS)prepared for the project(Exhibits I,J, K, and L), including the key
development and operational assumptions underlying the EIS, and City police power authority.
XII. SUMMARY OF DEVELOPMENT AGREEMENT
Following is a summary of the key provisions and stipulations for site development and
operation, as contained in the Concomitant Agreement and Development Agreement(Exhibit Q.
As noted above, an analysis of the Development Agreement and Development Plan pursuant to
relevant code provisions is provided in Exhibit D. Refer to the Agreement,Exhibit C, for
complete text; and to Exhibit D for an analysis of the Agreement under the relevant provisions of
the Federal Way City Code(FWCC) and Federal Way Comprehensive Plan (FWCP).
Concomitant Agreement and Development Agreement(Development Agreement[Exhibit C],
pages 1-2.)—These sections of the Agreement describes the legal basis,purpose, and effect
of the Concomitant Agreement and Development Agreement, as noted in Section XI, above.
• Nesting Provisions(Page 2)—This section of the Agreement provides that the project is
vested to all existing applicable FWCC development regulations for a period of five years
dating from the execution of the Agreement. After five years, the then-current code provisions
would apply.The provisions of the Agreement perpetually apply to the site and the project.
• Permitted Uses(Page 3)—This section of the Agreement limits use of the subject property to
the dual principal uses of a church and school as depicted in the Development Plan and List
of Permitted Accessory Uses (Exhibits B and C, respectively, to the Agreement).
• Construction Phasing(Page 3)—This section requires a construction phasing plan(Exhibit F
to the Agreement), which limits site construction to two phases. Phase 1 includes the 218,500
square foot church/sanctuary building, the first 81,323 square feet of the school, and all
required on-site and off-site improvements. Phase 2 includes a 20,203 square foot addition to
the school. All exterior improvements must be substantially completed within 24 months of
building permit issuance for each phase, and the overall project must be constructed within
five years of the execution of the Agreement.
Christian Faith Center File Nos.CPA 99-0004;02-102271-00-UP,02-102272-00-SE
Staff Report to City Council Page 6
Pre-Existing Settlement Agreement(Page 3)—This section provides that the City and the
applicant are bound by a pre-existing Settlement Agreement between the City of Federal
Way and Federal Way Industrial Park, Inc., dated February 5, 1996 (Exhibit D to the
Agreement).
• Project Design, Site Configuration, Size Limits(Page 4)—These sections of the Agreement
establish site design standards, including building setbacks and height; landscaping; habitat
retention; and parking. Limits are also placed on the size and/or enrollment of principal and
accessory uses of the site as analyzed in the EIS. This includes a maximum area for the
school of 101,526 square feet; maximum area of 33,000 square feet for the day care area;
maximum combined enrollment of 900 students for the school and day care; maximum 4,500
occupants for the church sanctuary; and a maximum 23,000 square feet and 225 students for
the college. It also establishes minimum area requirements for exterior recreation and play
areas, including 27,026 square feet square feet in the schoolyard; 4,613 square feet in the
church day care area; and 100,000 square feet for the recreational play field by the school.
• Operational Limits(Page 6)—This section contains mitigation pertaining to the hours and/or
days of operation for church services,college classes, bible study, and the school, as
analyzed the EIS.
Construction Mitigation (Page 7)—This section establishes mitigation measures to address
erosion and storm drainage impacts associated with site clearing and grading activities,
including construction oversight by an approved Erosion Sediment Control(ESC)
Supervisor; Stormwater Pollution Prevention Plan and other Best Management Practices
(BMP's); Construction Phasing Plan; and seasonal construction limits.
• Traffic Mitigation (Pages 7)—This section establishes mitigation measures to address
transportation impacts, including,but not limited to, on and off site street and sidewalk
improvements; signalization; and traffic calming improvements; transit improvements;
preparation and implementation of Sunday peak hour timing plans and traffic management
plan; and payment of the applicant's pro-rata share contributions to impacted City and King
County Transportation Improvement Plan(TIP)projects.
• Surface Water Mitigation (Page 10)—This section establishes mitigation measures to address
surface water impacts, including the provision of Level 2 Flow Control and Water Quality
treatment which meets or exceeds Resource Stream Protection standards for the East
subbasin and the West subbasin subcatchment-1; collection and dispersement of roof runoff
from the church building to the westerly wetland buffer; discharge of stormwater to wetlands
or buffers through percolation or infiltration trenches; and preparation and implementation of
an Integrated Pest Management Plan to control use of fertilizers, pesticides, and herbicides.
• Wetland Mitigation (Page 11 )—This section provides that all conditions set forth in the
April 23, 2004, Hearing Examiner's Process IV decision pertaining to environmentally
sensitive areas (Exhibit H to the Agreement) apply to project design, construction, and
management.
• Other Project Review Processes and Minor Modifications(Page 11)—This section provides
that the final details of project design are subject to building permit and engineering review
Christian Faith Center File Nos.CPA 99-0004;02-102271-00-UP,02-102272-00-SE
Staff Report to City Council Page 7
as required by the Agreement. It also provides a process and decisional criteria for
determining minor and major modifications to the Agreement.
XIII. CONCLUSION
Based on the Staff Analysis of the proposed Development Agreement and Development Plan
(Exhibit D); the Staff Analysis of the proposed Comprehensive Plan Amendment and Rezone
(Exhibit E), and the Findings and Conclusions (Exhibit F); the application(s)was reviewed and
found to be consistent with all relevant decisional criteria in the Federal Way City Code
(FWCC); Federal Way Comprehensive Plan (FWCP); and all other applicable adopted codes,
policies, and regulations; provided that the project is designed and constructed in accordance
with the Agreement and all other applicable conditions of approval.
LIST OF EXHIBITS
(Note: Copies of the exhibits listed below are not attached to all copies of this report.Copies of all listed
exhibits have been provided to the City Council.Copies of exhibits may be obtained upon request at the City of
Federal Way's Department of Community Development Services)
A. Site Plan(Development Plan) for Christian Faith Center
B Vicinity Map
C Draft Concomitant Agreement and Development Agreement Between the City of Federal Way and
the Christian Faith Center, dated May 24, 2004
Exhibits to Exhibit C.-
A.
:A. Legal Description of Property
B. Development Plan(Site Plan)
C. List of Permitted Accessory Uses
D. February 6, 1996, Settlement Agreement
E. June 12,2003,Parking Letter
F. Conceptual Floor Plan
G. Section 9.4,Traffic Plans
H. April 23,2004,Process IV Hearing Examiner's Decision
D Analysis of Development Agreement and Development Plan under Relevant Provisions of the
Federal Way City Code(FWCC)and Federal Way Comprehensive Plan(FWCP)
a. Transportation
b. Site Uses
c. Site and Building Design
d. Clearing,Grading, Landscaping, Surface Water Facilities
e. Parking
f. Public Utilities
E Analysis of Comprehensive Plan Amendment and Rezone Request Under Relevant Provisions of the
Federal Way City Code(FWCC) and Federal Way Comprehensive Plan (FWCP)
F Statement of Facts and Conclusions
G Existing Zoning and Land Uses—Site and Surrounding Properties
H Comments Received by the City(as of May 13, 2004)
I Draft Environmental Impact Statement(DEIS), City of Federal Way, November 2003
J Final Environmental Impact Statement(FEIS), City of Federal Way, March 2004
K EIS Addendum, City of Federal Way, April 16, 2004
L EIS Addendum, City of Federal Way, dated May 21, 2004
M Director's Design Decision,dated March 20, 2004
Christian Faith Center File Nos.CPA 99-0004;02-102271-00-UP,02-102272-00-SE
Staff Report to City Council Page 8
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Christian Faith Center
Exhibit C
Draft Concomitant Agreement and
Development Agreement Between the
City of Federal Way and the Christian
Faith Center
CONCOMITANT AGREEMENT
AND
DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY AND THE CHRISTIAN FAITH CENTER
FOR DEVELOPMENT OF CHURCH AND PRIVATE SCHOOL
DRAFT MA Y 24, 2004
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 336th 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 of a 218,500 square foot
building for church sanctuary/school auditorium/administrative services a 101,526 square foot
private school building, and associated parking and recreational and athletic fields as depicted on
the Development Plan, attached hereto as Exhibit. B and incorporated herein by this reference
(the "Plan"or"Development Plan").
3. Concomitant Agreement. If the Property is rezoned 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 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
1
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' and the mitigation measures adopted herein shall govern the
Project for a period of five years, dating from execution of the Agreement. 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
' RCW 36.70B.170(3).
' 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)-
2
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 as
Exhibit B. Both the church and school are classified as principal uses for application of
FWCC Sections 22-671 and 22-674. 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 as Exhibit C, 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 Phasin Project construction shall be limited to two phases. Phase
One shall comprise construction of the building for the church sanctuary, auditorium,
meeting rooms and administrative offices, and the first 81,323 square feet of the school
building, together with all on-site and off-site improvements required by this Agreement
and by the conditions of aiiy rel-iced permit approval. Phase Two shall comprise
construction of a future second-story -10,203 square foot addition to the school building.
Each phase, with the exception of improvements completely within the interior of a
building, must be substantially completed within twenty-four (24) months of issuance of
the building permit for that phase, 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 this Agreement, 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,
attached hereto as Exhibit D and incorporated herein by this reference. The Settlement
Agreement provides certain development standards and other provisions applicable to use and
3
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 Iles_iii and Site Configuration.
9.1.1 Building Setback. All site improvements shall be setback from South
336th 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, 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 Landsc4pin . 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 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
4
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 3
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 1540 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 the attached Exhibit E.
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.
5
9.1.5 Size Limitation.
9.1.5.1 School. The school structure shall be limited to 101,526 square
feet, including 81,323 square feet in Phase One and 20,203 square feet in
Phase Two, as depicted in the attached Conceptual Floor Plan, Exhibit F.
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 F. 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.
6
9.2.4 School Fours. School classes shall be completed no later than 3:30 p.m.
daily.
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 KCS WDM.
9.3.2 Storrnwater Pollution Prevention Plan. A construction Stormwater Pollution
Prevention Plan (SWPP1') ghall be provided by CFC and reviewed and approved
by the Director of 11iiblic Works prior- to issu�incc of any construction pen lits or
authorizations. Construction phasing shall he 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 (,%.11,iipment 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 Clegarinn 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 pant of Project construction and prior to
issuance of certil:icale of occupancy unless otherwise noted, the following traffic
1111tias reciuired and approved by the Director of Public Works,
9.4.1 CFC shall reconstruct 18th Avene South from berm to S 344`h Street to a
Type R street, consisting of 40 foot wide street with curbs, gutters, 4 foot planter
strips with street trees, 6-foot sidewalks, street lights, and traffic calming
elements, in a 60 foot right-of-way, consistent with the attached Exhibit G-1.
9.4.2 CFC shall improve S 344th Street from 16Th Avenue S to 181h Avenue S
consistent with the attached Exhibit G-1. Construction shall consist of Type R
Street. The north side shall co"Sis:t (?C d -20 foot wide street with curb and gutters,
7
4 foot planter strip with street trees, 6 foot sidewalk, and street lights. The
improvements shall be tied into the existing improvements to the west end of S
344th Street to the east side of the intersection of S 344th Street and 16th Avenue S.
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 S 344th Street through the intersection of 16th Avenue
S and shall signalize the intersection of S 344th/16th Ave S consistent with the
attached Exhibit G-3. CFC shall construct improvements within existing right-
of-way.
ight-
ofway.
9.4.4 CFC shall construct street improvements consistent with the attached
Exhibit G-4 to signalize the intersection of SR 99 and S 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 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 S at S 341St 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 S 336th Street consistent
with the attached Exhibit G-5. The improvements shall be consistent with Type M
street between SR 99 and 20th Avenue S, consisting of an 18-foot half-street with
curbs and gutter, 6-foot planter strip with street trees, 8-foot sidewalk, street
lights, underground utilities, and 3-foot utility strip. Improvements will be
consistent with Type K street between 20th Avenue S and 1-5, consisting of a 22-
foot half-street with curb and gutter, 6-foot planter strip with street trees, 8 foot
sidewalk, street lights, underground utilities, and 3-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 S 336th Street at 201h Avenue S, 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.
8
9.4.7 CFC shall improve 201h Avenue S for a distance of 225 feet (175 feet of
storage and 50 foot taper) to the North of the intersection of S 336th Street and
signalize the intersection consistent with the attached Exhibit G-6.
9.4.8 CFC shall construct an eastbound right turn lane from S. 336th Street to
20th Avenue S.
9.4.9 CFC shall construct traffic calming elements on 201h Avenue S from S 336"
Street to S 330'h Street, including traffic circles at S 330th Street and S 332nd Street
and an island diverter at S 336th Street to prevent northbound and southbound
through movements, and construct a sidewalk on the east side of 20th Avenue S
from S 336`h Street to tie in to the existing sidewalk, consistent with the attached
Exhibit G-7. CFC shall construct improvements within existing right-of-way.
9.4.10 CFC shall provide two transit shelters, shelter footings, litter recep[,[clu
pads, landing pads and benches, otic located on 201h Avenue S in the e1,xistI
location north of S 3361h Street and oitc located on S. 336`h Street as detennin ed
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 tinning plans, based on turning
movement counts for signal timing plans collected by CFC for the intersections of
201h Avenue S and S 336th Street, SR 99 and S 324th Street, SR 99 and S 330"
Street, SR 99 and S 336th Street, SR 99 and S 3401h Street, 16th Avenue S and S
344th Street, and SR 161 and S 3481h 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 provide a cost estimate for the construction of a second
northbound right-turn lane with 550 feet of storage for approval by the Director of
Public Works, and shall pay to the City the agreed amount to expand the scope of
the City's existing project to provide for construction of a second northbound
right-turn lane with 550 feet of storage.
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).
9
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 S348 1h Street: 91h Ave S —SR 99: $60,500
o S 356`h St: I" Ave S —SR 99: $50,200
o S 349" St @ 1St Ave S: $13,100
o S 336`h St @ 1S` Way S: $3000
o 12`h Ave SW/ SW 344`'St Extension: SW Campus Dr—21"Ave SW: $38,700
o 1St Ave S: S 3201h St— S 330`h St: $7600
o 21"Ave SW Extension: SW 356th St—22nd Ave SW: $2800
o SR 18 @ SR 161: $24,800
o S336 1h St @ 9`h Ave S: $1100
o S 320th St @ I-5: $34,100
Total $235,900
9.6 Surface Water Mitigation. The following storm water 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 storm water 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 2 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 storm water 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 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).
10
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 and attached hereto as
Exhibit H.
10. Other Project Review Processes and Minor Modifications.
10.1 Other Prosect 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 section 22-1 that do not result in significant additional
or modified trip generation or distribution.
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 twenty parking stalls outside of areas containing
"significant trees" as defined by 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
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 oil Sticccssors.
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.
12.4 A.uthori 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
12
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 ation• 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 from a breach thereof, the prevailing party as determined by the court, shall be
entitled to recover its reasonable attorneys' fees.
13
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, CHRISTIAN FAITH CENTER,
a Washington municipal corporation a Washington nonprofit corporation
BY: BY:
David H. Moseley, City Manager CaseyTreat, President
Date: Date:
ATTEST: This day of , 2004.
N. Christine Green, CMC
Federal Way City Clerk
Approved as to Form Approved as to Form
for City of Federal Way: for Christian Faith Center:
City Attorney, Patricia A. Richardson Brian Lawler
Lawler Burroughs & Baker, PC
14
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 2004.
(notary signature)
(typed/printed name of notary)
Notary Public in and for the State
of Washington.
My commission expires:
k:\CFC\documen tskfcdevagr051404
15
EXHIBIT D
ANALYSIS OF DEVELOPMENT AGREEMENT AND DEVELOPMENT PLAN UNDER
RELEVANT PROVISIONS OF THE FEDERAL WAY CITY CODE(FWCC) AND FEDERAL
WAY COMPREHENSIVE PLAN(FWCP)
TABLE OF CONTENTS
Section Page
A. Transportation......................................
Q. Prr�J.�n-rr�r!Land Uses............................................................................. 1
C. Builrlin., and Site Desi,gn.................................................................... 13
.13
D. Clearin.,, Grading,Sutfice Water Facilities, Landscaping............ 14
E. Parkingi
I............................................................................................... 15
F. i rrrrll-sis of Parlors to be Considered in Reireu,of-a
Dereluppit ent Agreement(Frt+CC.Scrcti(,,rr 22-1671}......................... 15
INTRODUCTION.- The Dc% .-]o,,mcnt ;l r ;:, �:1„l;ment PIan, and prelinjinary construct-
ion
documents, tver'e reviewed and det�rrninc�d td) 1'1% c n, istent with all applrcal le de clopment regulations
and standards, at d ded .)11:11 c•ritc;-ia in tlic I'<< ;-,,rl Il:r: r rrr �r�l�>ff WCC), the 11--' cral Wa},
C'n�r:l,rel��rrsir�
Man {I 11`f:'I'} and the Etrvtt,,rrntc t :l I i n,rcf Statcment (EIS)prepmvd Cor the project.
Key points of comlVlrantc are dt.:�cnhed ifi Hhc: st bJec—t to the Crb, 's FOV'etiv and approval
of final engtncerril , Llan : undlc:t all
: a plicafric - . �
re_,tlat%ons and conditions; alongwith an analysis 01c. fkwelopment Agcement 1)Ltlrs.ratil
id, t.11c a1_)1)ltcable code decisional criteria.
A. TRANSPORTATION
In this scctian, tlh pro'ect is analyzed with respect to Public Works Departn7ent Development
Standards and other dcparttttc-nt puIicics, F\ CC, FWCP poiictes, and wits atinn 111C, .'IS
recornmended in the H.S, 'Hic F 1S tlnal}riecltraEiic coctdttiori dtirirT mnrntEt, afiet,jnon, evening,
and Sundae peak fours for year of npcntn,(7007)and Year 20-N.) cc�ncittidrtt5. 1111 malar
intersects nes i1-E117acted by n'ore Mall l(} CVC,iino peak hour tri},,, nr 100 trips during
er
hour, werc att tlyzcd. lour dit'lere,tt t tp distributions were arialvred tc� der•rYn, th�,�feri;tll��tiityp ea of
various mitir�tttEoil scenarios.
I. 1 rorrl;f_ 11171?rol vnrcrlts. -1-11C 1)rotect site has frontage on the existing rights-of-„ray of South
3-16'"Street, SR 99 (Pacific Highway South), South 341 `PIace,and the planned extension of
20'''Avenue South, as shown in FWCP Map III-S.Pursuant to FWCC Section 22.147-l(a),
frontage improvements are required for these roadways.
a. South 336"Street is classified as a minor arterial, as shown in FWCP Map III-5. FWCP
Map III-6 classifies South 336`h Street as a Type K street.' However, FWCP Map III-19
was revised to relocate the segment of a bicycle route on South 336`h Street between 13`h
Place South and 20`'Avenue South to South 330`' Street. Therefore, a Type K street is no
longer applicable to South 336"i Street west of 20"'Avenue South; a Type M streetz is
now the appropriate standard on this segment of roadway. Existing improvements on the
frontage consist of 36 to 54 feet of pavement with intermittent curb, gutter, and sidewalk
on the north side only. Existing right-of-way width varies from 60 to 100 feet. The
applicant will dedicate five feet of right-of-way on the west 400 feet of frontage only, and
construct the required half-street improvements on the entire frontage. Modifications
approved by the Public Works Director may be made pursuant to FWCC Section 22-1477,
in order to minimize impacts to wetlands
b. SR 99(Pacific Highway South) is classified as a principal arterial, as shown in FWCP
Map III-5. FWCP Map III-6 classifies SR 99 as a Type A street.'The City is currently
reconstructing SR 99 to provide full standard improvements, and all necessary right-of-
way has been acquired.
C. Twentieth Avenue South is classified as a minor collector, as shown in FWCP Map 111-5.
FWCP Map ITI-6 classifies 20`h Avenue South as a Type R street.4 As a new street through
the site,the applicant will dedicate all 66 feet of right-of-way and construct full street
improvements.
d. South 341"Place is classified as a minor collector, as shown in FWCP Map III-5. FWCP
Map ITI-6 classifies South 34151 Place as a Type R street.' Existing improvements consist
of a 36-foot street with curbs and gutters, and five-foot sidewalks in a 60-foot right-of-
way. The applicant will dedicate an additional three feet of right-of-way. Pursuant to
FWCC Section 22-1477, the Public Works Director waives the requirement for street
frontage improvements on South 34150 Place, since improvements are already in place.
2. Right-of-Way Dedication. Pursuant to FWCC Section 22-1474(b), the City may require up to
300 square feet of right-of-way dedication per average daily trip generated.Average daily trip
generation would exceed 2688 trips,6 thus allowing the City to require at a minimum of
806,486 square feet of right-of-way dedication. Approximately 108,290 square feet of right-of-
way dedication would be required to meet full standards. Thus, the right-of-way requirements
do not exceed levels commensurate with the level of impact.
FWCC Section 22-1525 defines the standards for a Type K street as consisting of a 44-foot street with curbs and gutter,six-foot
planter strips with street trees,eight-foot sidewalks,streetlights,and three-foot utility strips in a 78-foot right-of-way.
2 FWCC Section 22-1525 defines the standards for a Type M street as consisting of a 36-foot street with curbs and gutter,six-
foot planter strips with street trees,eight-foot sidewalks,streetlights,and three-foot utility strips in a 70-foot right-of-way.
3 FWCC Section 22-1524 defines the standards for a Type A street as consisting of a 16-foot raised landscaped median,two 35-
foot roadways with curbs and gutters,six-foot planter strips with street trees,eight-foot sidewalks,street lights,and three-foot
utility strips in a 120-foot right of-way.However,Washington State Department of Transportation(WSDOT)design standards
require the outside curb lanes to be 14 feet instead of 12 feet as shown in the FWCP Figure III-3(a),thus the required pavement
widths are increased from 35 feet to 37 feet,and the right-of-way width is increased to 124 feet.
°FWCC Section 22-1527 defines the standards for a Type R street as consisting of a 40-foot street with curbs and gutters,four-
foot planter strips with street trees,six-foot sidewalks,streetlights,and three-foot utility strips in a 66-foot right-of-way.
5 Ibid
6 According to the EIS,the project would generate 1325 morning peak hour trips,944 mid-day peak hour trips,and 273 evening
peak hour trips on the average weekday,and 2046 trips after Sunday services.
Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE
Exhibit D—Staff Report to City Council Page 2
3. Driveway Widths. Pursuant to FWCC Section 22-1542,two-lane driveways shall be 30 feet
wide and three-lane driveways shall be 40 feet wide, unless design vehicles (the largest vehicle
to be designed for that would be reasonably expected to use the driveway) require larger
widths. The EIS analyzed all driveways as two-lane except for the northerly of the four
driveways onto 20"Avenue South, and the driveway onto South 336"' Street, which were
assumed to be three-lane driveways.
4. Access Spacing. FWCC Section 22-1543 addresses access management standards,
a. South 336`x'Street. Pursuant to FWCC Section 22-1543(a), South 336"' Street has an
access classification of four, which allows access points with spacing of 150 feet
measured centerline-to-centerline. However, FWCC Section 22-1543(c) limits access to
one per 330 feet of frontage. South 336"' Street has approximately 2150 feet of frontage,
thus six access points could be allowed. The site plan for the project shows one access
approximately 572 feet west of 20"'Avenue South. A single-family residential driveway is
located opposite this proposed driveway, the driveway to the Ridgecrest Motel is located
approximately 100 feet to the west, and a driveway to a multi-family residential complex
is located 230 feet to the east. The spacing standard does not apply to single-family
residential uses. If the driveway were to be relocated to the east, it would worsen the
intersection sight distance for traffic turning left from the driveway onto westbound South
336"' Street. If the driveway were relocated to the west, it would infringe upon wetland
buffer. The Ridgecrest Motel consists of eight units. Based on ITE Trip Generation, 6t"
edition,the motel is estimated to generate four trips during the morning, evening, and
Saturday peak hours, and three trips during the Sunday peak hour; therefore, although this
access does not meet spacing standards, it has a low probability of creating a significant
safety issue. Traffic Division staff will monitor the collision rate at this location, and
exercise appropriate police power authority,as necessary.
b. SR 99(Pacific Highway South). Pursuant to FWCC Section 22-1543(a), SR 99 has an
access classification of one, which due to its status as a state highway, must meet the
Washington State Department of Transportation(WSDOT) spacing standard of 250 feet.
Left-turn in access would best be allowed at a spacing of 330 feet, and full access is
permitted only at signalized intersections. However, FWCC Section 22-1543(c) limits
access to one per 330 feet of frontage. The site has approximately 534 feet of frontage;
therefore, only one access point would be permitted. The project proposes to provide a
right-in/right-out access 749 feet south of South 336" Street, which would be shared with
Pacifica Plaza. This location has no other access within 250 feet. Therefore, this access
meets spacing standards.
C. Twentieth Avenue South. Pursuant to FWCC Section 22-1543(b), the spacing standard for
20"'Avenue South would be 150 feet. Each of the proposed driveways meets this
standard. However,FWCC Section 22-1543(c) limits access to one per 330 feet of
frontage. Twentieth Avenue South has 1662 feet of frontage, thus five access points could
be allowed;whereas four are proposed. Therefore,this standard is also met.
Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE
Exhibit D—Staff Report to City Council Page 3
d. South 3415`Place. Pursuant to FWCC Section 22-1543(b),the spacing standard for South
3415`Place would be 150 feet. However, FWCC Section 22-1543(c) limits access to one
per 330 feet of frontage. No access points are proposed onto South 34151 Place. However,
the creation of the intersection of 20°i Avenue South and South 34151 Place creates access
spacing issues with an existing driveway at the intersection of 2151 Avenue South and
South 34151 Place. This should be accounted for in the geometric design of the newly
created intersection at 20°i Avenue South. Therefore, as part of engineering plan review,
the applicant shall provide plans that provide adequate intersection sight distance,
geometrics, and traffic control measures that provide for safe and efficient operation of
the intersection consistent with the FWCC and adopted standards.
5. Left-Turn Lane Warrants. Pursuant to TLA,Guidelines item VI.D.4.a, the City uses Highway
Research Record 211 to determine when left-turn lanes are warranted at unsignalized
intersections. A left-turn lane is warranted when certain thresholds involving travel speeds,
left-turn volumes, through volumes in the same direction as the subject left-turn, as opposing
traffic volumes are exceeded.
a. South 336`6 Street. Based on the volumes in the traffic analysis for the EIS, this warrant is
met at this driveway on westbound South 336`'Street during the morning, afternoon, and
evening peak hours. Therefore, the applicant shall provide a westbound left-turn lane at
the site access on South 336`h Street.
b. Twentieth Avenue South. Based on the volumes in the traffic analysis for the EIS, warrants
are met at the north driveway on northbound 20th Avenue South during the morning, and
Sunday between service peaks; at the north central driveway on southbound 20th Avenue
South during the morning, afternoon, Sunday between service, and Sunday after service
peaks; at the south central driveway on northbound 20°i Avenue South during the
morning, and Sunday between service peaks; at the south central driveway on southbound
20th Avenue South during the Sunday between service peak; at the south driveway on
southbound 20t'Avenue South during the Sunday between service and after service peaks;
and at the south driveway on northbound 206i Avenue South during the Sunday between
service peaks. Since left-turns lanes are warranted at each driveway, the applicant shall
stripe 20th Avenue South to provide a two-way left-turn lane throughout the site.
6. Traffic Management Plan (TMP). The proposed schedule of activities is contained in the TMP,
required pursuant to FWCC Section 22-671. Pursuant to FWCP Polices TP5, TP45, and TP62,
the following restrictions on the scheduling of activities shall be placed on the development in
order to reduce traffic impacts:
a. School classes should be completed by 3:30 p.m.
b. Sunday services should be separated by at least 90 minutes.
C. Evening services should be scheduled to start no earlier than 6:30 p.m.
d. Dominion College should have no classes scheduled between 12:00 noon and 6:30 p.m.,
or on evenings where church services are scheduled.
e. Special events should be scheduled to not add trips during peak hours of other uses, or
conversely, other uses should be canceled to accommodate the special events.
Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE
Exhibit D—Staff Report to City Council Page 4
If future changes in the schedule of activities is proposed, the Agreement specifies that these
changes would be processed in accordance with FWCC Section 22-1680.
7. Level of Service (LOS) Failures. The EIS identified several intersections failing the City's
adopted LOS standard, FWCP Policy TP 16. The following describes each location, and
analyzes the EIS's proposed mitigation:
a. SR 99 at South 312'h Street. This intersection would fail the adopted LOS standards in
2007, with or without Christian Faith Center(CFC). This intersection was originally
included in the study area based on a 10 evening peak hour trip threshold in the City's
Guidelines for the Preparation of Transportation Impact Analyses.As a result of the
initial analysis, CFC modified their proposed hours of operation to reduce evening peak
hour trip generation. As a result, the project now impacts this intersection by eight
evening peak hour trips, less than the 10-trip threshold. Therefore, no mitigation is
required.
b. South 320'h Street at 23rd Avenue South. Per the LOS methodology used in the EIS, this
intersection fails the adopted LOS standard during the evening peak hour in 2007, with or
without the project, and also fails as a result of the project during the Sunday peak hour.
Staff considered other methodologies for determining failure of the adopted LOS standard
that would be consistent with the adopted FWCP policy. In practice, City staff has
administered the policy as outlined in the TIA guidelines as the worst of two tests. Table
2 defines a volume/capacity ratio test as X, (as defined in the Highway Capacity Manual)
must be less than 1.000. However, item V.B. in the TIA Guidelines specifies that no
movement shall have a volume/capacity ratio greater than 1.000. It is this latter standard
upon which the EIS identified the LOS failure. Using X, the volume/capacity ratio is 0.91
during the 2007 evening peak hour and 0.94 during the Sunday peak hour.
Given that using X,,is still consistent with FWCP Policy TP 16, and the high cost to
mitigate relative to the impact, no mitigation shall be required.
C. South 336h Street at P Avenue South. This intersection would fail the LOS standards
during the evening peak hour in 2007,with or without the project.The proposed
mitigation would provide a protected right turn overlap phase for westbound traffic during
the southbound left-turn phase. This is a minor revision to the signal design and will be
incorporated into the capital project at this location, which is anticipated to begin design
in 2004.No mitigation should be required beyond pro-rata share contributions, as
described in the Agreement.
d. Sixteenth Avenue South at South 34151 Place. This intersection would fail the LOS
standard during all peak hours analyzed as a result of the project. The project would add
426 trips during the morning peak hour, 344 trips during the afternoon peak hour, 99 trips
during the evening peak hour,and 820 trips during the Sunday peak hour. Because of its
proXimity to the signalized intersection of 16`h Avenue South and SR 99, it is impractical
to signalize this intersection to resolve the LOS failure.
Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE
Exhibit D—Staff Report to City Council Page 5
The EIS considered three alternatives to resolve this LOS failure. One is to assume that
the capacity restriction will resolve itself by drivers rerouting to avoid making the left-
turn from westbound South 34151 Place to southbound 16"'Avenue South,by rerouting to
South 336"' Street and SR 99 when leaving the site, called the "Capacity Constrained
Distribution" in the EIS.7 The second is to provide a connection between South 341"
Place and South 344`h Street, and use planned signalized intersections on South 344`h
Street at 16"'Avenue South and SR 99 to access these roadways. The third alternative
considered is to prohibit westbound left-turns from South 34151 Place to southbound 16"'
Avenue South, and accommodate U-turns by constructing a roundabout at the intersection
of SR 99 and 160'Avenue South.'The first and third alternatives are not recommended.
The preferred alternative is to provide the connection between South 34151 Place and
South 344"' Street.
Alternative Alignments. Providing a connection between South 34151 Place and South
344"' Street reroutes traffic around the intersection of 16`h Avenue South and South 34151
Place, and takes advantage of a project planned by the City to construct traffic signals on
South 344`h Street at 16"'Avenue South and at SR 99. Potential alignments to provide this
connection are 21st Avenue South and 181h Avenue South. Due to the presence of
wetlands, three different alignments for 2151 Avenue South were considered in the EIS.
1) Twenty-First Avenue South currently consists of 30 feet of unopened right-of-way
between the south boundary of the Kit's Corner Business Park plat and South 344"'
Street. This is bordered by a wetland on the east and a gravel-surfaced truck parking
lot on the west. A branch of Hylebos Creek crosses the 2151 Avenue South right-of-
way just north of South 344"' Street, and crosses South 344"' Street just west of the
2151 Avenue South right-of-way. An alignment along the existing right-of-way would
impact wetlands and result in two stream crossings. An alignment to the east would
cross the wetland at its narrowest width,but would still impact wetlands and result in
two stream crossings; and an alignment to the west would avoid impacting the
stream and wetlands, but would require right-of-way acquisition from the truck
parking lot.
2) Eighteenth Avenue South has continuous right-of-way,but is not a through street due
to a temporary berm that was placed between an existing residential plat, Lakehaven
No. 2, and Kit's Corner Business Park.The berm was placed as a condition of
The"Capacity Constrained Distribution"assumes that due to significant delays encountered when attempting to make a
westbound left-tum from South 34151 Place to I6`h Avenue South,drivers would become frustrated and learn to use alternate
routes.The EIS analysis assumed that most of these trips would leave the site to the north onto South 336`h Street,and most
would head west on South 336`h Street to SR 99 and turn left to 16`h Avenue South,or continue straight on SR 99.Although no
capacity improvements appear warranted as a result of this assignment,staff has significant concerns about the safety of the 16`h
Avenue South/South 341"Place intersection under this scenario. It has been the City's experience that unsignalized intersections
operating near capacity have a higher than average collision rate.This is due primarily to increased driver frustration,leading to
drivers choosing gaps in opposing traffic that are inadequate to complete the maneuver safely.Therefore,staff cannot recommend
this alternative.
8 The roundabout alternative would provide adequate levels of service.In order to accommodate planned traffic volumes,it
would have a three-lane roundabout with an inscribed diameter of 200 feet.As SR 99 is a state highway,any intersection
modifications would have to be approved by WSDOT.To date,WSDOT has not approved any three-lane roundabouts on the
state highway system,and their historical reluctance to approve two-lane roundabouts casts doubt as to whether this would be a
viable alternative at this time.In addition,a roundabout would need right-of-way on both sides of SR 99 and would impact
developed properties on the east side of SR 99.Therefore,this alternative is not recommended.
Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE
Exhibit D—Staff Report to City Council Page 6
approval of the Kit's Corner Business Park by King County in 1978 to shield the
residential plat from the impacts of traffic generated by the business park. Although
the area is zoned for industrial use, the nonconforming residential neighborhood has
persisted on a portion of the street.
Based on the environmental impacts associated with 2151 Avenue South alignments
and the transit,onal nature of the residential neighborhood on 18"' Avenue South, the
use of 18"'Avewic '�wil , as the cnnrzrction between South 34151 Place and South
344"' Street would have the least impact, and therefore shall be required. The
applicant shall construct 18"'Avenue South as a Type R street between the southern
extent of the street improvements in Kits Corner Business Park and South 344"'
Street. Pursuant to FWCC Section 22-1477, the Public Works Director may modify
these requirements. The required right-of-way width is modified from 66 to 60 feet
in order to avoid right-of-way acquisition, and utility undergrounding will not be
required.
Connection Impacts. The rerouting of trips using this connection would add 417
trips to the east leg of South 344"' Street east of 16"'Avenue South, and 128 trips
between 16"'Avenue South and SR 99 during the Sunday after service peak hour.
Both of these intersections are currently unsignalized. The addition of these trips
would create LOS failure and safety issues associated with unsignalized intersections
operating over capacity, as previously described. The City has a project in the 2004-
2009 TIP scheduled for 2008 that would add left-turn lanes on South 344"' Street and
signalize both intersections. Staff has determined that these intersections would not
operate safely if the project's trips impacted these intersections prior to the
completion of the TIP project. Therefore, the applicant shall construct traffic signals
at these intersections.
Turn Lane Warrants. Staff analysis has determined that the project's trips meet
warrants for left-turn lanes in the westbound direction at both intersections.
Eastbound left-turn lanes may also be needed to line up lanes across the intersection
within allowable tapers, depending on the intersection geometrics; this will be
determined through engineering plan review of these intersections. Although the EIS
identifies impacts related to right-of-way acquisition in order to provide full-standard
improvements, it is not necessary to provide full street improvements to mitigate the
safety and LOS deficiencies at these intersections. It is staff's intent that the
applicant develop a design that mitigates the safety and LOS impacts while
minimizing right-of-way acquisition.
Therefore, the applicant is required to provide signalization and westbound left-turn
lanes necessary to assure the safe operation of these intersections on the interim.
Signal interconnect should also be provided between the two signalized
intersections.The need for eastbound and westbound left-turn lanes would be
determined during engineering plan review. The requirement for any of the left-turn
lanes on South 344"' Street may be waived by the Public Works Director if it is
determined that to do so would require right-of-way acquisition.
Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE
Exhibit D—Staff Report to City Council Page 7
e. Sixteenth Avenue South/Enchanted Parkway South (SR 161) at South 348'x'Street (SR 18).
This intersection fails the adopted LOS standard during the school afternoon peak and the
Sunday peak with or without the project. The project would add 150 trips during the
school afternoon peak hour and 328 trips during the Sunday peak hour. The EIS identifies
the construction of a second northbound right-turn lane as a mitigation measure that
would correct the LOS deficiency during the school afternoon peak by improving the LOS
from F to D and reducing the LOS deficiency significantly during the Sunday peak hour
by reducing the volume/capacity ratio from 1.24 to 1.04.9 This mitigation measure is in
addition to the project in the adopted 2004-2009 TIP, which would add a third westbound
left-turn lane, and eastbound and westbound right-turn lanes. Based on the traffic analysis
for the EIS, in order to function without being blocked by queues in the through lanes, the
right-turn lanes would need to provide 550 feet of storage. Therefore, the applicant shall
provide a cost estimate for the construction of a second right-turn lane with 550 feet of
storage for approval by the Public Works Director, and pay the City the agreed amount to
expand the scope of the City's existing project.
f. Twentieth Avenue South at the south central site access. This intersection fails the
adopted LOS standard during the Sunday after service peak as a result of the project. It is
impacted by 1047 Sunday peak hour trips. The EIS addressed four options for addressing
the LOS failure: provision of a two-way left-turn lane on 20"' Avenue South; construction
of a roundabout'°; signalization"; and flagging the driveway during peak hours. Provision
of a two-way left-turn lane is recommended in A.5.b., above, to accommodate turning
movement volumes,but does not fully mitigate the LOS deficiency. Left-turn volumes
from 20"'Avenue South into the driveways are high enough that the two-way left-turn
lane would not be available for use as a refuge area for vehicles turning left from the
driveways onto 20"'Avenue South.
Flagger control during the project's peaks would safely manage traffic only when it is
needed. CFC has proposed this option in the TMP. The City would monitor its use as part
of the right-of-way activity permit process. Given the low volumes of through traffic on
20`x'Avenue South during the project's peak hours of trip generation on Sundays, and the
relative lack of impacts by the use of flagger control compared to the other alternatives,
9 Although this improvement would not completely eliminate the LOS failure during the Sunday peak hour,this needs to be
weighted against the reasonableness of the mitigation with respect to the level of impact,and expense of construction for what
may be a temporary condition. Expensive intersection improvements should not be required if a reasonable design life cannot be
assured. In this case,WSDOT is proposing to construct a major revision to the I-5/SR 18 interchange,which would include
access between SR 161 and 1-5,to and from the north.This would provide an alternative route that would reduce traffic volumes
through the intersection of SR 18 and SR 161.If placed on the November 2004 ballot and approved by the voters in the election,
the Regional Transportation Investment District would fund the first phase of construction for construction between 2010 and
2012. The Environmental Assessment for this interchange reconstruction project is now underway.Therefore, it is unknown at
this point what intersection configuration will be needed over the longer term at SR 18 and SR 161.Consequently,the addition
of through lanes northbound may not be needed after 2012.
10 Construction of a roundabout would address the LOS deficiency,but significantly alters the site plan and create delay for
through traffic on 201h Avenue South to accommodate a condition that exists only one hour per week.
11 Signalization would address the LOS deficiency,but at significant cost,both for construction and operation.The traffic signal
would not meet warrants contained in the federal Manual on Uniform Traffic Control Devices,which would then conflict with
FWCC Section 22-1476.Signalization would create queues blocking other driveways and increase the potential for rear-end
collisions to accommodate a condition that exists only one hour per week.
Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE
Exhibit D—Staff Report to City Council Page 8
flagger control is the recommended mitigation for this location. Therefore, the applicant
will provide flagger control of this driveway during Sunday peak hours, subject to
conditions of the Right-of-Way Activity Permit to be issued by the Public Works
Department.
8. Education Program. The EIS suggests, as a mitigation measure to minimize the intrusion of
project-generated traffic into residential neighborhoods to the north of the site, that route
choice may be influenced by notices, announcements, and new member orientation used to
educate drivers. CFC has proposed this in the TMP. Pursuant to FWCP Policy TP5, the
applicant shall provide an ongoing education program to minimize traffic intrusion into
adjacent residential neighborhoods.
9. Traffic Calming north of the site. The EIS discusses a broad range of traffic calming tools that
might be used to discourage through traffic from using 20'''Avenue South north of the site, and
to maintain reasonable speeds for a residential neighborhood for those that do choose to use
20"'Avenue South. These options were discussed at a neighborhood meeting held on May 8,
2003. The consensus of those assembled was to request traffic circles on 20`'Avenue South at
the intersections of South 3301h Street and South 332nd Street, speed reader boards,'continuous
sidewalks and street lights," and a through movement diverter at the intersection of South 336'1
Street.Based on staff analysis below, traffic circles and the through movement diverter are the
preferred options:
a. The through movement diver-ter would be placed at the intersection of 20t1 Avenue South
and South 336`' Street, and is intended to prohibit through movements on 20`' Avenue
South across South 336`'Street. All other movements at the intersection would be
permitted. The design would have to accommodate transit turning movements and full
access for emergency vehicles, making it possible that smaller vehicles could still drive
around the diverter; therefore, some voluntary compliance in combination with police
enforcement would be required to fully achieve its intent.Nonetheless, it is expected that
this would significantly reduce the amount of project-generated traffic that would
otherwise use 20°i Avenue South through the neighborhood. Therefore, staff supports the
installation of the diverter.
Despite the diverter, some project-generated traffic may still be expected to use 20`'
Avenue South to the north of the site,by either deliberate noncompliance with the island
diverter or by using the site access driveway onto South 3361h Street=heading east on
South 336`'Street, and then turning north on 20`"'Avenue South. Conversely,trips headed
for the project site may use 20`h Avenue South southbound,turn right onto South 336t"
12 Speed-reader boards are intended to raise driver consciousness of the residential neighborhood being traversed and the speed
limit appropriate for that neighborhood.Typical displays include a regular speed limit sign with a variable message of"Your
Speed XX."They may also include a small strobe light that is lit when measured vehicle speeds exceed a given threshold,such as
two mph over the posted speed.Their popularity generally exceeds their effectiveness,especially when installed permanently,as
the impact of the message lessens with time.Therefore,staff does not support this request,and proposes instead that the Public
Safety Department would include 201h Avenue South in its rotation o; its exis[ing portable speed-reader boards.
13 Sidewalks and streetlights would be intended to improve the ped :tri,.i)ciivironment.This is also discussed in the EIS as a
potential mitigation measure.There is currently only one short sc _;ucnt of on 20i4 Avenue South between South 330`h
Street and South 336'h Street,and only one streetlight at each end of this t:e;mcnt of street_However,pedestrian trip generation
from the project is expected to be quite small.Such a requirement would not be commensurate with the level of impact of the
project.Therefore,staff does not support this request.
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Exhibit D—Staff Report to City Council Page 9
Street, and.then turn left into the site. Therefore, there is still some need to discourage the
use of 20"'Avenue South through traffic calming north of the site, even with the through
movement diverter.
b. Traffic circles have been found by many agencies to significantly reduce intersection
collisions and slightly reduce midblock vehicle speeds. In order to be effective at reducing
speeds and encourage yielding behavior, deflection of the driver's path upon entry to the
traffic circle is required. At a three-legged intersection such as at South 332nd Street,
additional pavement widening may be required to create that deflection. A minimal
amount of raised curbing may also be required, but the intent is to provide for adequate
deflection and provide positive guidance to the driver,rather than for storm drainage
purposes. In no case should additional right-of-way be required.
Pursuant to FWCP Policy TP5, the applicant will provide the through movement diverter
placed at the intersection at South 336"'Street, and yield-controlled traffic circles to be placed
at South 330`h Street and South 332nd Street.
10. Traffic Calming south of the site. As described previously under Item 7.d.2), it is proposed that
the residential segment of 18"'Avenue South be fully improved to a Type R street. CFC has
also proposed that the existing bulb in the right-of-way where the existing cul-de-sac bulb is
located be used as a location for a median island to create a chicane effect. In addition, staff
proposes that curb returns on 18"'Avenue South be bulbed-out into the intersections at South
3415`Place and South 344`h Street to reduce the potential for trucks to use 18"'Avenue South
through the residential neighborhood. Finally, staff proposes to have signage placed to prohibit
trucks on 18"'Avenue South between South 3415`Place and South 344`h Street. However,
participation from the residents on 18`h Avenue South has been lacking. Therefore, staff
proposes that the traffic calming elements to be provided could be decided at a meeting with
the neighborhood during engineering plan review.
Pursuant to FWCP Policy TP5, the applicant shall provide traffic calming elements to be
determined by staff following a neighborhood meeting for properties between the intersection
of 18"'Avenue South at South 344`h Street, and the intersection of 18`h Avenue South at South
3415`Place.
11. Pedestrian and Transit Access to SR 99. The EIS discusses the potential advantage of
extending the code-required frontage improvements on the south side of South 336`h Street to
provide pedestrian access to transit and the sidewalk network on SR 99. The intersection of SR
99 and South 336`h Street is served by Metro Route 182 and Pierce Transit Routes 402 and 500.
The City's project on SR 99 will provide transit amenities at the bus stops at this intersection.
In conjunction with item 15 below, these improvements could be provided at little additional
expense and would connect to one of the best-served transit corridors in the City. Therefore,
pursuant to FWCP Policies TP62, TP65, and TP77,the applicant shall provide sidewalk on the
south side of South 336"' Street to be extended from the west property line of the site to SR 99.
12. Pedestrian and Transit Access to South 336h Street and 20'h Avenue South. The EIS discusses
the provision of transit amenities such as shelters,benches,bus landing pads, etc., as a
potential mitigation measure. The site is served by Pierce Transit Route 501 at a bus stop
located on the south side of South 336"'Street, east of 20`h Avenue South, and a bus stop
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Exhibit D—Staff Report to City Council Page 10
located on the east side of 20t" Avenue South,north of South 336t" Street. Sidewalks would be
provided to the bus zone by code-required frontage improvements as described in item A.2.a.,
above. Pursuant to FWCP Policies TP62, TP65, and TP77, the applicant shall provide a transit
shelter, shelter footing, litter receptacle pad, bus landing pad, and bench designed to King
Cw]niv 11INro staiid,,rds, located by City staff in consultation with King County Metro and
Pic n I r, n•;i i :[,i l f oij South 336th Street east of 20"'Axenue South, and on the east side of 20`1'
Ave-i uu SuLidi nk�rii i �I'South 336"'Street. In addition, the sidewalk shall be extended from the
intersection of 20" :1 venue South at South 336`°'Street to this latter bus zone. This will mitigate
the potential for 1,i ., a:sed vehicular trips from the project:.
13. Pro-Rata Share Mitigation. The EIS addresses pro-rata share mitigation for impacts to capital
projects listed on the City's TIP. The calculation of pro-rata contributions is described in the
TIA Guidelines item VI.D. In general,the pro-rata contribution is the number of evening peak
projecI-mlelatud tril," divitIfd I}y [lie total evening peak hour traffic with the project,
multipIIGd by tlac Gst111iau;d cost of the TIP project. Credit is given for any right-of-way
dedicated by the development and any state or federal grant moneys awarded to the TIP
project. These are calculated as follows:
• S 348"' S: 9"'Ave S—SR 99: $60,500
• S 356"' St: 151 Ave S—SR 99: $50,200
• S 348"St @ 1st Ave S: $13,100
• S 336"St @ 1st Way S: $3000
• 12"'Ave SW/SW 344"' St Extension: SW Campus Dr—2151 Ave SW: $38,700
• 1"Ave S: S 320"' St—S 330"' St: $7600
• 21"Ave SW Extension: SW 356"' St—22nd Ave SW: $2800
• SR 18 @ SR 161: $24,800
• S 336"St @ 9`h Ave S: $1100
• S 320"'St @ 1-5: $34,100
Total: $235,900
Pursuant to FWCC Section 22-1475 and FWCP Policy TP62, the applicant shall either
construct the above listed TIP projects, or pay$235,9000 to the City as a pro-rata mitigation
payment for impacts to projects in the 2004-2009 TIP.
14. Pro-Rata Share Mitigation to King County. Similar to item 13, above, the project impacts a
capital project in unincorporated King County at the intersection of South 320"'Street and
Military Road South. Therefore, the applicant shall pay King County$647 as a pro-rata
mitigation payment for impacts to the County's project.
15. Intersection Improvements at 20'h Avenue South and South 33e Street, The development
proposal includes signalization of the intersection of 20"'Avenue South and South 336th Street.
a. Signalization. This intersection meets the federal Manual on Uniform Traffic Control
Devices(MUTCD) warrants for signalization under existing conditions, thus the proposal
is consistent with FWCC Section 22-1476. The MUTCD also recommends that traffic
signals within one-half mile of each other be able to be coordinated. This intersection is
one-quarter mile east of the signalized intersection of SR 99 and South 336'h Street.
FWCP Map III-3 shows that these facilities were planned to have signal communications
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Exhibit D—Staff Report to City Council Page 11
available between them. Pursuant to FWCP Policy TP39, signal interconnect should be
provided on South 336"' Street between SR 99 and 20`h Avenue South.
b. Left-Turn Lane Warrants. Based on the traffic analysis in the EIS, left-turn lanes on South
336"' Street are warranted during all weekday peak hours analyzed eastbound, and during
all peak hours analyzed westbound. In order to provide the left-turn lanes, the existing
westbound shoulder could be restriped as a through lane. However, this would eliminate
the safe walking route for school children to reach a school bus stop on 20`h Avenue South
from South Garden Court and Green Crest Villas'condominiums. Therefore, continuous
sidewalk improvements should be provided on the north side of South 336t" Street
between South Garden Court and Green Crest Villas.
C. Right-Turn Lane Warrants. Based on the traffic analysis in the EIS, right-turn lanes are
warranted on all legs of the intersection. In conjunction with the through movement
diverter described in item 9.a, above, no through lanes on 20`h Avenue South would be
required. Thus,no additional widening would be necessary on the south leg of the
intersection. On the north leg of the intersection, the right-turn lane would have to have a
storage length of 175 feet to function effectively. A right-turn lane on the west leg of the
intersection would require additional right-of-way dedication from the project, and would
have to provide 100 feet of storage to function effectively. Per WSDOT Design Manual
Figure 910-14, right-tum lanes would also require 50-foot tapers.
The applicant shall construct improvements to the intersection of 20`h Avenue South at South
336"' Street that provide signalization, signal interconnect on South 336"' Street between SR 99
and 20"'Avenue South, left-turn lanes on all legs of the intersection and an eastbound right turn
lane with 100 feet of storage, a southbound right-tum lane that provides 175 feet of storage,the
diverter island that would prohibit through movements on 20"' Avenue South, and contI111.eous
sidewalks on the north side of South 336`' Street between South Garden Court and Green Crest
Villas. These improvements mitigate the project impacts by providing adequate levels of
service at the intersection, while discouraging project-generated traffic from impacting
residential neighborhoods north of the site.
16. Westbound Left-Turn Lane at SR 99 and South 336"Street. Based on the traffic analysis in the
EIS, under the worst case queuing, the westbound left-turn lane at the intersection of SR 99
and South 336"Street would need a storage length of 450 feet. The existing storage available
is 100 feet. The increase in storage length, combined with associated tapers per WSDOT
Standard Plan H-3,would overlap the taper necessary to accommodate the left-turn lane at the
site driveway onto South 336`h Street, as described in item A.S.a. Therefore,pursuant to FWCC
Section 22-1475, the applicant shall provide for the left-turn lane to be made continuous
between SR 99 and 20"'Avenue South.
17. Traffic Signal Timing. As described above, new traffic signals are proposed at the intersections
of 20`h Avenue South at South 336`h Street, 16"Avenue South at South 344`h Street, and SR 99
at South 344"' Street. In addition, the project would significantly alter travel patterns before and
after Sunday services. New signal coordination timing plans would need to be developed to
accommodate safe and efficient travel in the project vicinity. Pursuant to FWCP Policy TP39,
staff recommends that new timing plans be developed for Sunday peak hours of the
development at the following intersections:
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• SR 99 at S 324"' St
• SR 99 at S 330"' St
• SR 99 at S 336"' St
• 20"'Ave S at S 336`h St
• 16"'Ave S at SR 99
0 16"'Ave SatS344`hSt
• SR 18 at SR 161
18. The above mitigation as provided in the Development Agreement is consistent with goals and
policies contained in the Transportation Chapter of the FWCP, including TPS, TP 10,TP14,
TP16, TP20, TP21, TP23,TPP30, TP38, TP39, TP45, TP47, TP62, TP65, and TP77.
B. PROPOSED LAND USES
The proposed principal uses of the site as a church and school are allowed uses in the proposed
Multifamily Residential (RM-3600)zoning district,pursuant to FWCC Sections 22-671 and 22-22-
674; provided the development meets all applicable FWCC development regulations and standards.
Development of the site for the proposed principal and accessory uses, consistent with all applicable
FWCC adopted regulations and standards, and mitigation in the Development Agreement,will
ensure compatibility of the use with surrounding areas.
C. BUILDING AND SITE DESIGN
1. Buildirrt; u,md Parkrng Se!backs. The project will provide a"front V,ird"setback from South
3307" Sircci of a minimi :, 50 feet; with"side"and"rear"yards of 30 feet for the church
build ii-: and 50 fcot for the school buildliw, ball fields, playground equipment,and parking.
pruvide` jE, a,fc! is n;a! 20 !'Qc ;rig.. 1i-om South 3.: (.)';' Street than would be required
by 1'\ t`C' we<'1.4' f !i f -'_' "''
�' and provides for additional landscape screening against
South 3 36 Sircet and residential 7.k ming distr;.:ts to the north of the site. In addition,pursuant
to code-required parking setbacks and design guidelines, a 15-foot landscape buffer and
retention and/or replacement of all significant trees within the buffer, will be provided along
the south property line of the church portion of the site adjacent to residential uses to the south.
2. Building Heights. Consistent with FWCC Sections 22-67 and 22-674, the maximum allowed
height of single-story elements of the church building is 35 feet above average building
elevation(ABE), as defined by the FWCC, with up to three additional feet allowed for
articulated cornices, and the maximum second-story height for 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 height of
the sanctuary portion of the church, and the gymnasium portion of the school auditorium, is 55
feet ABE.
3. Community Design Guidelines. Pursuant to FWCC Section 22-1669, "Development Plan';
FWCC Chapter 22,Article XIX,"Community Design Guidelines"; and FWCC Section 22-395,
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Exhibit D—Staff Report to City Council Page 13
"Director's Decision"; the site and architectural design elements of the project were approved
in a March 20, 2004, Director's Design Decision(Staff Report, Exhibit M),based on the
analysis and findings contained in Exhibit A to the decision. Development of the site in
accordance with the design decision, all conditions of project approval, and required mitigation
contained in the Development Agreement, will ensure incorporation of good design principles
and compatibility with surrounding areas.
D. CLEARING, GRADING, SURFACE WATER FACILITIES,LANDSCAPING
The applicant's preliminary clearing, grading, erosion control, significant tree survey, landscaping,
and surface water drainage plans have been reviewed and accepted under applicable City of Federal
Way adopted codes,policies, and regulations, including FWCC Chapter 21, "Surface Water
Management"; FWCC Chapter 22, Article XVII, "Landscaping"; the King County Surface Water
Design Manual(KCSWDM); and the City's amendments to the KCSWDM; subject to review of
final construction plans prepared in accordance with all applicable codes and development
standards; the Environmental Impact Statement(EIS); Process IV conditions of approval (Exhibit H
to Development Agreement [Exhibit C)); and required mitigation in the Development Agreement.
Clearing and grading activities, and construction of required infrastructure improvements including
streets,parking, surface water drainage facilities, and landscaping, is subject to all applicable
adopted code-based design and development regulations. Additional mitigation is established in the
Development Agreement that meets or exceeds code-based design and development standards and
regulations.
Mitigation measures contained in the Development Agreement includes the oversight of a
Construction Site Erosion and Sediment Control (ESC) Supervisor; a Stormwater Pollution
Prevention Plan; phased construction; and seasonal construction limits. Surface water mitigation
includes design and construction of the east sub-basin stormwater detention pond to meet Level 2
flow control standards; construction of water quality facilities which meet or exceed Resource
Stream Protection standards for the west sub-basin Subcatchment 1; collection and dispersement of
roof runoff from the church to the westerly wetland buffer; discharge of stormwater to wetlands or
buffers through percolation or infiltration trenches; and preparation and implementation of an
Integrated Pest Management Plan as described in the Department of Ecology Stormwater Manual
(200 1)in order to control the use of fertilizers,pesticides, and herbicides.
The Agreement also provides for denser vegetated bank cover and larger trees around surface water
detention water quality treatment ponds than would otherwise be required by code. Increased
temperatures in surface water drainage can adversely affect aquatic life and is a pollutant of concern
to the City and State. Increased vegetation will increase-the amount of solar cover to the ponds and
reduce temperature in the runoff discharged to the two branches of Hylebos Creek.
Pursuant to FWCC Section 22-1568, the project is required to retain and/or replace a minimum of
25 percent of the existing trees on the site meeting the FWCC definition of"significant. ,14 In
addition, all site clearing and grading activities will be governed by an approved phased
14 Significant trees are defined as 12 inches in diameter or 37 inches in circumference,measured four and one-half feet above
ground;not including red alder,cottonwood,poplar,or big leaf maple;in good health;and not detrimental to the community,
e.g.not likely of falling to public open space or right-of-way,etc.;or obscuring safe distance requirements.
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construction plan and other conditions of approval, including but not limited to permanent
preservation and protection of all on site wetlands, streams, and vegetated buffers as permanent
Native Growth Protection Tracts (NGPT's) in accordance with the Hearing Examiner's Process IV
decision (Exhibit H to Development Agreement).
Perimeter landscape buffers, as specified in the Development Agreement, meet or exceed the
applicable standards in FWCC Section 22-1566, "Multifamily Residential, RM."This includes 50
feet of landscaping along South 336`x' Street; 20 feet along other public rights-of-way and access
easements; 15 feet along other property lines associated with the church; and 10 feet along other
property lines associated with the school. These provisions meet and exceed the FWCC,by
providing an additional 20 feet of landscapoig along South 336`h Street, and an additional five feet
along the south property line adjacent to the church. A 50-foot vegetated landscape buffer along
South 336`x'Street will preserve additional native trees and shrubs, and preserve a cross-site wildlife
corridor linking to on-site wetland and stream buffers and riparian areas along the East Branch
Hylebos Creek. In addition to retaining native vegetation and providing habitat opportunity, this
wildlife corridor will provide water quality functions such as rainwater interception and filtering.
The above mitigation as provided in the Development Agreement is consistent with goals and
policies contained in the FWCP Natural Environment Chapter, including NEG I, NEG2,NEG3,
NEG 10, NEP 1,NEP2,NEP7, NEP 10, NEP 18,NEP21,NEP63, and NEP64.
E. PARKING
Pursuant to FWCC Sections 22-1671, 22-1674, and 22-1378, the required amount of parking for
churches and schools is determined on a case-by-case basis,pursuant to a parking demand analysis.
Based on the City's review of the parking analysis contained in the applicant's Draft Traffic
Management Plan, the Development Agreement requires a minimum of 1,406 parking stalls and a
maximum of 1,540 stalls on the site to serve anticipated parking demand for customary operation of
the site. The Agreement also requires the applicant to prepare and submit an overflow parking plan
for review and approval by the Public Works Director prior to special events, in order to manage
overflow parking by using resources such as transit, shuttle service, and traffic control such as
flaggers and police officers. The Agreement also establishes parking setbacks from property lines
and dimensional standards for parking stalls and drive aisles, consistent with the FWCC and
Director's modification; and requires a final Traffic Management Plan for review and approval by
the Public Works Director.
F. FACTORS TO BE CONSIDERED IN REVIEW OF THE DEVELOPMENT AGREEMENT
Pursuant to FWCC Section 22-1671, the City may consider,but is not limited to, the following
factors when considering a development agreement:
1. Compatibility with, and impact on, adjacent land uses and surrounding neighborhoods.
Development of the site in accordance with all adopted City codes,policies, regulations,
conditions of approval, the environmental analysis, and mitigation contained in the
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Development Agreement, will address project-related impacts and ensure compatibility with
adjacent land uses and surrounding neighborhoods.
As described in Section VI of the staff report, adjacent land uses include single-family and
multiple-family residential to the north; a mix of single family residential, commercial, and
industrial to the south; commercial to the west; and Interstate 5 and commercial to the east.
Transportation impacts to surrounding neighborhoods will be addressed by code-required street
frontage improvements and mitigation established in the development agreement, including
additional street and sidewalk connections; a new street through the site; traffic calming
measures, such as traffic circles and island diverters; signalization; transit shelter
improvements; signal timing plans; traffic management plan; and operational parameters
governing use of the site. Conditions of the Hearing Examiner's Process IV decision will
ensure that project-related impacts to on site wetlands, streams, and buffers are addressed.
Mitigation in the Development Agreement pertaining to clearing, grading, and landscaping,
will further address construction and development-related impacts. The Director's design
decision also ensures quality design standards and project aesthetics for compatibility with
surrounding neighborhoods.
2. Adequacy of, and impact on, community facilities, including roads, public transportation,
parks, recreation, and schools.
Development of the site in accordance with all adopted applicable City codes,policies,
regulations, conditions of approval, and mitigation contained in the Development Agreement,
will ensure the impacts to roads, public transportation,parks,recreation, and schools, are
appropriately addressed.
Potential transportation-related impacts to adjacent streets and the City transportation system
were considered in the EIS, and mitigation to address these impacts is established in the
Development Agreement. Transportation mitigation measures include,but are not limited to:
construction and dedication of 20"'Avenue South within the site, extending from South 336"'
Street to South 341st Place; connecting and improving 18th Avenue South south to South 344"'
Street; traffic signals at 20`h Avenue South and South 336`h Street, 16"'Avenue South and
South 344"' Street, and SR 99 and South 340 Street; frontage improvements on South 336"'
Street and SR 99; improvements for pedestrian access to transit; traffic calming improvements
on 20"'Avenue South north of the site and on 181h Avenue South south of the site; and payment
of the project's pro-rata share contribution to the estimated costs to construct planned projects
in the City's currently-adopted TIP that are impacted by more than 10 evening peak hour trips.
Driveway and street access to the site was reviewed and determined to be the optimal location
&configuration, subject to the City's adopted design standards and street plans contained in
the Development Agreement.
The recreational needs of the school and day care students will be met on site by the code-
required outdoor play areas, and the playfield. The minimum amount of outdoor play area
identified in the Development Agreement meets and exceeds the requirements of the City of
Federal Way and the State Superintendent of Public Instruction. In addition, members and
other users of the site may utilize City parks in the area, such as Celebration Park, West
Hylebos Wetlands Park, and Steel Lake Park. Any such use would be expected to be relatively
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Exhibit D—Staff Report to City Council Page 16
minimal and v%(iu[d ttv,! _dvly rscly impact these existing facilities. The proposed development
contains a prlvLoe and th:project will not Impact to the public school system.
3. Potential benefits of the proposal to the community.
Development of the site .is a church and school, a,, I,T-k, r,:;_l I._ t Ir • •.1 ,, .;; .,. Ii potential
1JCi]et11= 1EJ t]Ir k:om11111111tY such as employment rl I i,tI i.I:IIII,C:: f i'•'•'.'1 0.'0:]+t11 1i (Il'UC'Iopirient,
and social hem—fits. Liased on 11] (]rmatlon pI�". l�'d il'. i !'I �lllh�l_- r,l;.
v, full
time employc cs- Cit]}I,!,}yeas and n]cI:]1+cis of I;7c cnn«t ,n who atici, 1 .7. , ,ices, ,llcetrrtgs,
school,and other activities may also p:stron,z.+:- 1-cal mercf ,Ints and sc-ry 111 . I-Alch as retail,
restaurants, hotels, and entertainment. 1 her e i ore, sonic econon ric I e,,,.i I[ v�,Quld be anticipated
beyond what the existing vacant site generates. Howc%er, since varII.L,;, pi operty tax
exemptions apply to religious institutions, construction of a church and school would result in
fewer taxes than a business park use would generate. As p,.1posed and as rc f1olred, the project
will construct needed infrastructure improvements on a: ! (d 4r'1 he ;.,1, . ;;,-- Ir l mi_,a nrvv fully-
improved City street through the site; street frontage inr , s•. ::Ic'i,I II,c!I cII,I �I_II Li S. }e]tter,
sidewalk, street trees, streetlights, and a bike lane; and other street improvements identified in
the Development Agre emeilt: and 11 cn,VFibute a pro-rata share contribution to the City's
ado picLi 'l 1F` l,rc,Iccl:s, :Is ider,(liiecl 1!:_ ! )c\,clopment Agreement. Needed transportation
Improvements and Irnvestrnent in titc CIty -S tLP will promote safe and effective vehicle and
pedestrian circulation on the site and in the immediate vicinity. In addition, the project will
convert a large, vacant site to a development that meets all City code requirements for
landscaping, lighting,pedestrian amenities, site surveillance, and architectural design
principles. Also, information provided by the applicant indicates that CFC operates or
contributes to various local social service-related programs and services,such as food and
clothing banks, youth programs, and counseling. from which the community may benefit.
Milwatton cunlamud in the Devc1opment AFice mcnt and the Process IV Hearing Examiner's
ciccislon will ensure mitigation of poLmn,Il advcrsc Impacts to on-site environmentally
sensitive areas resulting from the development.
4. Effect upon other aspects of the comprehensive plan.
As noted in the analysis of the comprehensive plan amendment and rezone (Analysis of
Comprehensive Plan Amendment and Rezone Request Under Relevant Provisions of the
Federal Way City Code and Federal Way Comprehensive Plan,Exhibit E), the project is
expected to have no negative effect upon any other aspects of the comprehensive plan,
provided it is developed in accordance with all applicable codes, policies, development
regulations, conditions of approval, and mitigation contained in the Development Agreement.
CONCLUSION: Based on the above analysis,the proposed development agreelrlcr]t ha bcen reviewed
and found to be consistent with all applicable Federal Maj,City Code codes and devc-]c,prnent
regulations; including the purpose and factors for considering development agreement , and Fc rlE! rI Wqy
Comprehensive Plan goals and policies. Development of the site in accordance with all mit]LT ltir,rI
established in the Development Agreement will address all project-related impacts identified In the EIS,
and ensure compatibility of the development with surrounding neighborhoods and the commut]lity.
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Exhibit D—Staff Report to City Council Page 17
EXHIBIT E
ANALYSIS OF COMPREHENSIVE PLAN AMENDMENT AND REZONE REQUEST
UNDER RELEVANT PROVISIONS OF THE FEDERAL WAY CITY CODE(FWCC) AND
FEDERAL WAY COMPREHENSIVE PLAN(FWCP)
INTRODUCTION: The comprehensive plan amendment and rezone request have been reviewed and
determined to meet all applicable decisional criteria contained in the Federal Way City Code(FWCC)
and Federal Way Comprehensive Plan (FWCP). Several different sets of factors must be evaluated when
considering whether to approve a request for a site-specific comprehensive plan amendment and rezone.
These are found in FWCC Sections 22-529 and 22-530. The analysis of some of the factors may appear
duplicative to the analysis of the development agreement;nevertheless, they must be addressed as
required by code.
A. Pursuant to FWCC Section 22-529, the City may consider, but is not limited to, the following
factors when considering a proposed amendment to the comprehensive plan:
1. The effect upon the physical environment.
The requested comprehensive plan amendment and rezone, from Business Park(BP) to
Multifamily Residential 3600 (RM 3600), would not in itself affect the physical environment if
approved. It would result in changes to the comprehensive plan map and zoning map. However,
pursuant to the proposed Development Agreement, development of the site would be limited to
two buildings with associated parking and recreational and athletic fields. One building would
consist of a church sanctuary, school auditorium, and approved accessory uses, and the other
building would be used as a private school. An evaluation of potential impacts to the physical
environment as a result of the development of the site as proposed was conducted in an
Environmental Impact Statement(EIS), as noted above.There would be no significant adverse
impact on the physical environment if the property is developed in accordance with all
applicable adopted City codes,policies,regulations, and SEPA-based mitigation contained in
the Development Agreement.
2. The effect on open space,streams, and lakes.
The site contains environmentally sensitive areas, as studied in the EIS, including regulated
wetlands and streams and their buffers. The Hearing Examiner has approved certain intrusions
into these areas, subject to City Council decisions on the comprehensive plan amendment,
rezone, development agreement and development plan,in order to construct the project as
proposed. Activities approved by the Examiner include filling a Category III wetland and its
buffer and related mitigation, including a created wetland and additional buffer area in and
adjacent to a Category H wetland on the site. Additional intrusions into wetland and stream
buffer were approved in order accommodate an access road and construct required right-of-
way and related improvements, including pavement widening,retaining walls, and extending
storm pipes and stream culverts. Construction of the site in accordance with all conditions of
the Hearing Examiner's decision will result in no net loss of wetlands and wetlands buffers and
stream buffers. In addition,pursuant to the Hearing Examiner's conditions of approval, all on
site wetlands, streams,and their required buffers will be set aside and recorded as Native
Growth Protection Easements (NGPE)and permanently protected from any future land
modifications or intrusions. The Development Agreement establishes SEPA-based mitigation
pertaining to surface water drainage detention and water quality treatment which meets and
exceeds code requirements. No lakes are present on the site.Therefore, there would be no
adverse effect to open space, lakes, and streams.
3. The compatibility with and impact on adjacent land uses and surrounding
neighborhoods.
The request for a change in comprehensive plan designation and zoning from BP to RM 3600
zoning(one unit per 3,600 square feet) is accompanied by a proposed Concomitant Agreement
and Development Agreement,which contains a variety of code-based and SEPA-based
mitigation measures related to site use and operation,transportation,parking, landscaping, and
surface water drainage, designed to ensure compatibility with adjacent land uses and
surrounding neighborhoods. In addition,rezoning the site from industrial to multifamily with a
church and school development may be more compatible with residentially-zoned properties in
the area than industrial uses permitted under BP zoning, such as a warehousing facility and
associated truck traffic.Also see the analysis of decisional criteria pertaining to development
agreements (Factors to Be Considered in Review of Development Agreements,Exhibit D,
paragraph F.1.). Therefore,the proposed comprehensive plan change and development of the
site pursuant to the Agreement would be compatible with and address the impact to adjacent
land uses and surrounding neighborhoods.
4. The adequacy of and impact on community facilities including utilities, roads, public
transportation, parks, recreation, and schools.
The requested comprehensive plan amendment and rezone does not by itself impact community
facilities. Based on the EIS analysis prepared for the Christian Faith Center, it is anticipated
that the transportation impacts associated with the proposed church and school would not
exceed those that would be expected with development of the site under the current
comprehensive plan and zoning designation of BP.Development of the site as proposed,in
accordance with all applicable codes,policies, regulations,conditions of approval, and SEPA-
based mitigation measures contained in the Development Agreement, will ensure that the
impacts to roads,public transportation,parks,recreation,and schools, are appropriately
addressed. Also see the analysis of decisional criteria pertaining to development agreements
(Factors to Be Considered in Review of Development Agreements,Exhibit D,paragraph F.2.).
Development of the site in accordance with City codes and all required mitigation will ensure
that community facilities are adequate to serve the proposed development.
5. The benefit to the neighborhood,city, and region.
A July, 2000 Market Analysis concluded that there would be only an 11 to 13 percent demand
for BP-zoned land in the 2000 to 2020 period. Therefore, it is possible that this land would not
develop for BP uses in the near future. Since all impacts of the proposed development will be
mitigated and the development is required to make a significant investment in improving
surrounding public facilities, conversion of the vacant site from vacant property, which is
unlikely to develop in the near future, to a developed site, is a benefit to the neighborhood,
Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE
Exhibit E—Staff Report to City Council Page 2
City, and region. Also see the analysis of decisional criteria pertaining to development
agreements (Factors to Be Considered in Review of Development Agreements,Exhibit D,
paragraph F.3.).
6. The quantity and location of land planned for the proposed land use type and density and
the demand for such land.
Due to the size of its existing congregation, school, and accessory uses, such as administrative
offices,Dominion College, day care, and future projections for growth, the Christian Faith
Center would like to locate on an approximate 50-acre parcel. Based on a survey of the King
County Assessor's records conducted by City staff, there are only two vacant parcels in the
City that are 25 acres or more in size. One of these is the parcel under discussion and the other
one is the subject of Kits Corner request, located south of South 336`h Street and west of
Pacific Highway South. As discussed under Criterion No. 5 above, the July 2000 Market
Analysis concluded that there would be only an 11 to 13 percent demand for BP-zoned land in
the 2000 to 2020 period, and it is possible that this land would not develop for BP uses in the
near future. Therefore, the comprehensive plan change would not affect the supply or location
of land needed for the proposed land use type and density and the demand for such land.
7. The current and projected population density in the area.
If this site were developed today as warehousing under existing BP zoning, it would generate
approximately 268 employees. Based on information provided by the Christian Faith Center, if
the request for a multiple family designation was granted, and the facility was constructed as
proposed, it would employ 175 to 225 full time employees.If the comprehensive plan and
rezone is approved pursuant to the proposed Concomitant Agreement and Development
Agreement, the use of the site is limited to the proposed church, school and permitted accessory
uses, and-it will not generate housing units or additional residential population. Rezoning of this
site to allow development as a church and school will not impact the City's ability to meet
required housing targets mandated under the Growth Management Act(GMA). Therefore, the
proposal will not impact current and projected population density in the area.
8. The effect upon other aspects of the comprehensive plan.
There should not be any adverse impacts upon any other aspect of the comprehensive plan as a
result of the proposed change from industrial zoning to multifamily zoning,pursuant to an
approved Concomitant Agreement and Development Agreement.The vision of the
comprehensive plan is to provide a supply of land for such uses as services, employment,
parking, open space, and housing,to meet future demand. The BP zone is that zone intended
for industrial uses, including manufacturing and warehousing. One of the reasons that the July
2000 Market Analysis was prepared was to determine whether the City has a 20-year supply of
adequately zoned land to meet future demand. As noted in the responses to Criteria No. 5 and
6, above, the Market Analysis concluded that there would be a low(11-13 percent) demand for
BP-zoned land within the 20-year horizon. Therefore, changing the designation of this site
from BP to multiple family will not affect the vision of the comprehensive plan of providing an
adequate supply of land to meet future demand.
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Exhibit E—Staff Report to City Council Page 3
B. For site-specific comprehensive plan amendments, the following provisions of FWCC Section 22-
488(c)also apply:
1. The proposed rezone is in the best interests of the residents of the city.
As described in the responses to the eight criteria under Section A., above, the requested
comprehensive plan amendment and rezone does not adversely impact the physical or natural
environment; surrounding properties; the adequacy of community facilities;population; or the
comprehensive plan; including the supply of and demand for BP-zoned property in the City. In
addition,rezoning of this site from BP to multiple family has merit and value for the community
as a whole because it will allow development of site that has not otherwise developed, and may
not develop under the current zoning based on the City's Market Analysis. Also see the
responses to the analysis of potential benefits to the community of the development agreement
(Factors to Be Considered in Review of Development Agreements,Exhibit D, paragraph F.3).
Therefore,the proposed rezone is in the best interests of the residents of the City by providing
opportunity for growth, economic development, and various services to the community.
2. The proposed rezone is appropriate because either:
(a) Conditions in the immediate vicinity of the subject property have so significantly
changed since the property was given its present zoning and that,under those
changed conditions, a rezone is within the public interest;
The City of Federal Way incorporated in February 1990.At that time, the parcels
proposed for development by Christian Faith Center had a mix of multi-family zoning on
the west and light manufacturing zoning on the east. Upon incorporation,the City of
Federal Way zoned the parcels Manufacturing Park(MP). This was changed to Business
Park(BP)in 1995. Properties to the north across South 336'n Street have developed as
multi-family in recent years. However,very little BP zoned land has developed in this
area.Additionally, the July 2000 Market Study found that there would be only an 11 to 13
percent demand for BP-zoned land in the 2000 to 2020 period.As a result,rezoning this
property may be in the public interest, to allow its development rather than remaining
vacant,while at the same time maintaining an adequate supply of industrial zoned
property to meet the anticipated demand.
or
(b) The rezone will correct a zone classification or zone boundary that was
inappropriate when established.
This criterion is not applicable.
3. It is consistent with the comprehensive plan.
The requested rezone from BP to RM-3600 does not conflict with the vision of the
comprehensive plan to accommodate industrial uses such as warehousing and manufacturing,
in BP 70TCS, Ioc:atcd on both sides of Pacific Highway South (SR-99) in the vicinity south of
South 3.; &Iv -i. with other BP nodes located around South 272°d Street, and South 348`n
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Exhibit E—Staff Report to City Council Page 4
Street. As noted in the response to Criterion No. A.8, above, the requested comprehensive plan
change and rezone will not decrease the City's supply of BP-zoned property commensurate
with the anticipated demand. Rezoning and development of the site pursuant to all applicable
adopted City codes,policies,regulations, conditions of approval, and SEPA-based mitigation
contained in the proposed Development Agreement, will ensure consistency with the FWCP.
4. It is consistent with all applicable provisions of this chapter, including those adopted by
reference from the comprehensive plan.
If the request is granted, use and development of the site must comply with all applicable .
provisions of this "chapter" (FWCC) and all applicable adopted regulations; Process IV
conditions of approval; EIS-based mitigation, and the FWCP.Furthermore, a comprehensive
plan amendment from BP to multiple family and associated rezone is required for the property
to be developed as a church and school. Therefore,the requested rezone, if approved,would be
consistent with the comprehensive plan.
5. It is consistent with the public health,safety and welfare.
The requested comprehensive plan amendment and rezone has been analyzed and determined
to be consistent with the FWCC; FWCP and adopted regulations; and all impacts are required
to be mitigated pursuant to a Development Agreement; therefore, it is consistent with the
public health, safety, and welfare.
Criteria for Approving a Quasi-Judicial Non-Project Rezone(FWCC Section 22-488[c])
The City may approve an application for a quasi-judicial'project-related rezone only if it finds
that:
6. The criteria in subsection B.1-5,above,are met(FWCC Section 22-4881c][11[a-e]):
These criteria have been met, as addressed in responses to criteria B.1-5, above.
and
7. The proposed project complies with this chapter in all respects;
The proposed development has been reviewed pursuant to all applicable provisions of this
chapter(FWCC), and as proposed and as conditioned, it complies with this chapter in all
respects.
and
8. The site plan of the proposed project is designed to minimize all adverse impacts on the
developed properties in the immediate vicinity of the subject property;
The use of a Concomitant Agreement and Development Agreement enables the City to limit
the use of the site to a church, school, and approved accessory uses. As discussed in Section
A.3, above, the Development Agreement has been crafted to minimize all adverse impacts on
Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE
Exhibit E—Staff Report to City Council Page 5
the developed properties in the immediate vicinity. Examples include,but are not limited to,
requiring a larger buffer along South 336`h Street, limiting the enrollment of the school and
Dominion College, and restricting the scheduling of activities, such as requiring school classes
to be completed by 3:30 p.m.and not scheduling special events that add trips during peak hours
of other uses. Also see response to Criterion No. A.3., above; and the analysis of decisional
criteria pertaining to development agreements (Factors to Be Considered in Review of
Development Agreements,Exhibit D).The site plan of the proposed project is designed to
minimize all adverse impacts on the developed properties in the immediate vicinity of the
subject property.
and
9. The site plan is designed to minimize impacts upon the public services and utilities.
All public services and utilities are available and adequate to serve the proposed development.
Lakehaven Utility District has provided Certificates of Water and Sewer Availability for the
site, and will provide these services pursuant to developer extension agreements between the
applicant and District. Fire and emergency medical services will be provided by the Federal
Way Fire Department.A City-operated regional storm drainage detention pond located in the
northwest portion of the site has been determined to have sufficient capacity to accommodate
surface water drainage from thewesterly sub-basin of the proposed development. The
applicant will provide storm drainage detention facilities for the easterly sub-basin on the site
in accordance with the FWCC and Development Agreement. SEPA-based surface water
drainage mitigation contained in the Development Agreement provides a higher standard of
water quality treatment for both the East and West Sub-basins on the site, and a higher
standard of detention on the East Sub-basin, than would otherwise be required by code. Also,
see response to decision criterion A.4, above. The site plan is designed to minimize impacts
upon the public services and utilities.
and
10. The rezone has merit and value for the community as a whole.
As noted in the responses to Criteria B.1. and B.10, above,rezoning of this site from BP to
multiple family has merit and value for the community as a whole because it will allow
development of a site that has not otherwise developed, and may not develop under the current
zoning based on the City's Market Analysis. Also see the analysis of potential benefits to the
community of the development agreement(Factors to Be Considered in Review of
Development Agreements,Exhibit D, paragraph F.3.). Therefore, the rezone has merit and
value for the community as a whole.
C. Criteria for Amending the Comprehensive Plan (FWCC Section 22-530)
The City may amend the comprehensive plan only if it finds that:
1. The proposed amendment bears a substantial relationship to public health, safety, or
welfare; and
Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE
Exhibit E—Staff Report to City Council Page 6
The requested comprehensive plan amendment has been analyzed and determined to be
consistent with the FWCC and FWCP. Therefore, it bears a substantial relationship to the
public health, safety, and welfare.
2. The proposed amendment is in the best interest of the residents of the city.
As noted in responses to A..5, B.1, B.10, C.2, and the analysis of potential benefits to the
community associated with the development agreement(Factors to Be Considered in Review
of Development Agreements,Exhibit D, paragraph F3), the requested comprehensive plan
amendment,rezone, and development of the site as a church and school pursuant to the
proposed Development Agreement, is expected to generate some benefits to the community,
including employment opportunities, development of a previously undeveloped site,potential
economic benefit to local shopping areas,restaurants, and hotels; and provision of social
services such as food and clothing banks, and youth programs, and counseling programs.
Therefore, the amendment is in the best interest of the residents of the City.
3. The proposed amendment is consistent with the requirements of RCW 36.70A and with
the portion of the city's adopted plan not affected by the amendment.
RCW Chapter 36.70A, the Growth Management Act,requires the City of Federal Way to adopt
and implement a comprehensive plan, and to amend it in a timely manner,but no more than
once a year, except under certain circumstances. The City is responding to this mandate by
updating the comprehensive plan.
FWCP Page fV-7 (Economic Development)recognizes that here has been no substantive BP
development since the City's incorporation, which suggests the influence of market forces
outside of the City limits, where cheaper land and established industrial parks act as a draw for
prospective park development. Therefore,the change in comprehensive plan designation and
zoning of this site from BP to multiple family will not reduce the supply of BP-zoned property
necessary for demand, and will enable development consistent with the economic development
vision in the plan.
In addition, the economic development vision and future regional role for Federal Way(Pages
N-13 and W-14 of the Economic Development Chapter)includes the following: "Generate
more demand for hotel room-nights through growth in office and business park space"; and
"Generate more demand for hotel room-nights through growth in business park and office park,
as well as recreational and cultural amenities that draw visitors from throughout the Pacific
Northwest and beyond."
Based on information provided by the Christian Faith Center,the facility hosts national
conventions several times per year. This will attract visitors to the City and generate demand
for overnight accommodation.
The Christian Faith Center also participates in various local service-related programs, such as
food and clothing banks, and provides counseling services to both adults and teens. This is
consistent with the City's vision of assisting people, the human resource for business, as
discussed on Page IV-21 (Human Resource Programs) of the Economic Development Chapter.
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Exhibit E—Staff Report to City Council Page 7
The proposal is consistent with Economic Development Policies EDP 11, EDP22, and EDP23,
related to bringing in new jobs to the community, developing cultural and recreational
opportunities, and encouraging the development of new multi-purpose facilities in order to
increase the number of visitors to Federal Way and resultant visitor spending, and as such, is
consistent with portions of the City's economic development vision and recognizes market
forces affecting the development of BP-zoned land.Therefore, the proposed amendment is
consistent with the requirements of RCW 36.70A and with the portion of the City's adopted
plan not affected by the amendment.
CONCLUSION: As addressed in the above analysis,the proposed comprehensive plan amendment and
rezone have been reviewed and determined to be consistent with all applicable decisional criteria
contained in the FWCC, and with the applicable goals and policies of contained in the FWCP.
Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE
Exhibit E—Staff Report to City Council Page 8
EXHIBIT F
STATEMENT OF FACTS AND CONCLUSIONS
1. The applicant has a possessory ownership interest in a generally rectangular,46.58 acre,parcel of
unimproved property located east of Pacific Highway South and west of Interstate 5 (I-5)between
South 336` Street and South 34151 Place within the City of Federal Way.
2. The subject site currently has a comprehensive plan and zoning designation of Business Park(BP)
and the land is presently vacant. Existing zoning and land uses of the surrounding properties in the
vicinity include single and multiple family to the north; a mix of residential,commercial, and
industrial to the south; commercial to the west, and Interstate 5 and commercial to the east.
3. The applicant has submitted requests for approval of a comprehensive plan amendment and rezone,
with an associated development agreement and development plan to allow development of the site
into a 218,500 square-foot church, 101,526 square-foot private school, and associated parking,
playfields, and accessory uses.
4. The requested Comprehensive Plan Amendment and Rezone is subject to a City Council decision
pursuant to Federal Way City Code(FWCC) Chapter 22, Article IX, "Process VI Review;" and the
requested Development Agreement and Development Plan is subject to City Council decision
pursuant to FWCC Chapter 22, Article IX, "Process VI Review," and FWCC Chapter 22, Article
XXI, "Development Agreements."The decision to approve or deny the requests is within the
jurisdiction of the Federal Way City Council.
5. All appropriate procedures were followed in accordance with the requirements of the FWCC.
6. All appropriate notices were delivered in accordance with the requirements of the FWCC.
7. The Hearing Examiner reviewed and conditionally approved the environmentally sensitive areas
requests associated with the application on April 23, 2004. The Hearing Examiner Decision sets forth
general findings, applicable policies and provisions in the matter and is hereby incorporated in its
entirety, without limitation,by this reference.
8. Pursuant to the State Environmental Policy Act(SEPA),the City issued a Notice of Adoption of
Existing Environmental Documents and Issuance of a Determination of Nonsignificance, on the
proposed Comprehensive Plan Amendment and Rezone of the site from Business Park(BP) to
Multifamily Residential 3600 (RM-3600) on July 4, 2001.The City issued Draft and Final
Environmental Impact Statements(EIS) for the development application on November 18, 2003, and
March 3,2004, and EIS Addenda on April 16, 2004 and May 21, 2004. Four public meetings were
conducted during the environmental review process for the proposed project.These included an EIS
Scoping Meeting on August 27, 2002; Neighborhood Traffic Meeting on May 8,2003; Draft
Environmental Impact Statement(DEIS)hearing on December 12, 2003; and City Council EIS
briefing on March 15, 2004. The Threshold Determination, EIS and addenda, and all environmental
documents for the project, are hereby incorporated in their entirety,without limitation,by this
reference.
9. The Staff Report sets forth general findings, applicable policies and provisions in the matter and is
hereby incorporated in its entirety, without limitation,by this reference.
10. Pursuant to FWCC Section 22-1660, "Purpose,"development agreements associated with a
comprehensive plan designation and related zoning change may be used at the City Council's
discretion, when the project is larger in scope and has potential larger impacts than normal, or where
the City Council may desire to place certain restrictions on the proposal. The intent of a development
agreement is not to waive requirements normally associated with a proposed use.A"Concomitant
Agreement and Development Agreement", herein called"The Agreement" or"The Development
Agreement,"has been prepared for the project in order to fully address and mitigate all identified
impacts associated with the project. The Concomitant Agreement allows for a rezone of the property
subject to conditions governing the use of the property. Under the Concomitant Agreement, the
allowable use of the property shall be limited to a church, a school, and accessory uses. Pursuant to
FWCC Section 22-1662, "Content,"the Agreement sets forth the development standards and other
provisions that apply to and govern and vest the development, use, and mitigation of the development
of the real property for the duration specified in the Agreement, consistent with the applicable City of
Federal Way development regulations. The Agreement is accompanied by a Development Plan
(Exhibit B to the Agreement) as required by FWCC Section 22-1669, and has been prepared in
accordance with FWCC Section 22-1664, "Preparation of Development Agreement."
11. Mitigation measures established in the Agreement are based on the FWCC and adopted regulations,
policies and procedures;Federal Way Comprehensive Plan (FWCP); the EIS prepared for the project,
including the key development and operational assumptions underlying the EIS analysis; and the
City's police power authority.
12. Mitigation measures established in the Agreement are proportional to direct,identified impacts of the
development and are supported by substantial evidence.
13. The proposed principal uses of the site as a church and school, are allowed uses in the proposed
Multifamily Residential (RM)zoning districts,pursuant to FWCC Sections 22-671 and 22-674,
subject to all applicable development regulations and standards.Use and development of the site
consistent with the FWCC and the Development Agreement will help ensure compatibility of the use
with surrounding areas.
14. The project will provide a"front yard"setback from South 336`h Street of a minimum 50 feet; with
"side"and"rear"yards of 30 feet for the church building; and 50 feet for the school building,ball
fields and any playground equipment. This provides an additional 20 feet of front yard setback from
South 336`h Street for the church building than would be required by FWCC Sections 22-671 and 22-
674, which allows additional landscape screening against South 336V"Street and residential zoning
districts to the north of the site. In addition,pursuant to code-required parking setbacks and design
guidelines,a 15-foot parking lot setback along church portion with landscape buffer will be provided
along the south property line adjacent to the residential uses to the south.
15. Consistent with FWCC Sections 22-671 and 22-674, 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, and the maximum second-story height for 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 height of the sanctuary portion of the church, and the gymnasium portion of the school
auditorium, is 55 feet ABE.
16. Pursuant to FWCC Section 22-1669, "Development Plan,"and FWCC Section 22-395, "Director's
Decision", the site and architectural design elements of the project were approved in a March 20,
2004,Director's Design Decision, based on the analysis and findings contained in Exhibit A to the
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Exhibit F—Staff Report to City Council Page 2
decision. Development of the site in accordance with the design decision and other conditions of
project approval and required mitigation will ensure incorporation of good design principles and
compatibility with surrounding areas. The design decision sets forth general findings, applicable
policies, and provisions, and is hereby incorporated in its entirety, without limitation,by this
reference.
IT The applicant's preliminary clearing, grading, erosion control, significant tree survey, landscape, and
surface water drainage plans have been reviewed and accepted under applicable City of Federal Way
adopted codes,policies, and regulations, including FWCC Chapter 21, "Surface Water Management";
FWCC Chapter 22, Article XVII, "Landscaping"; and the King County Surface Water Design Manual
(KCSWDM) and the City's amendments to the KCSWDM, subject to review of final construction
plans prepared in accordance with all applicable codes and development standards; the EIS; Process
IV conditions of approval; and mitigation required under the Development Agreement.
18. Surface water detention and water quality treatment facilities will be provided for both the west and
east drainage sub-basins on the site, in accordance with all applicable design and development
regulations.
19. The Development Agreement establishes a number of mitigation measures that meet or exceed code
requirements.This includes the oversight of a Construction Site Erosion and Sediment Control (ESC)
Supervisor; a Stormwater Pollution Prevention Plan; a phased construction plan; and seasonal
construction limits. Surface water mitigation in the Agreement includes design and construction of
the east side stormwater detention pond to meet Level 2 flow control standards; collection and
dispersement of roof runoff from the sanctuary roof to adjacent wetland buffer areas; design and
construction of surface water treatment facilities for the East and West 1 sub-catchments to include
the use of Stormwater Management®filter vault systems, with compost medium, that meets or
exceeds Resource Stream Protection Standards; and provision of an Integrated Pest Management Plan
as described in the Department of Ecology Stormwater Manual(2001), in order to control the use of
fertilizers and pesticides. The Agreement also provides for denser vegetated bank cover and larger
trees around surface water detention water quality treatment ponds than would otherwise be required
by code. Additional vegetated cover will contribute to water quality by decreasing the temperature of
surface water runoff from impervious surfaces and standing water in drainage facilities. This will help
mitigate stormwater drainage impacts from the development.
20. Perimeter landscape buffers, as specified in the Development Agreement, meet or exceed the
applicable standards in FWCC Section 22-1566, "Multifamily Residential,RM."This includes 50
feet of landscaping along South 336`h Street; 20 feet along other public rights-of-way and access
easements; 15 feet along other property lines associated with the church; and 10 feet along other
property Imes ass-,grated with the school. `I hese provisions are consistent with the FWCC, and also
provide 20 tict o1 additional laiulscaping aloin, South 336`s Street than required by code. A 50 foot
vegetated landscape buffer along South 336th Street will preserve additional native trees and shrubs
and preserve a cross-site vegetated corridor linking to on-site wetland and stream buffers and riparian
areas along the East Branch Hylebos Creek. In addition to retaining native vegetation and providing
habitat opportunity, this corridor will provide water quality functions such as rainwater interception
and filtering.
21. The clearing, grading, surface water, and landscaping mitigation provided in the Development
Agreement is consistent with goals and policies contained in the FWCP Natural Environment
Chapter, including NEG 1,NEG2,NEG3,NEG 10, NEP 1,NEP2,NEP7,NEP 10,NEP 18,NEP21,
NEP63, and NEP64.
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Exhibit F—Staff Report to City Council Page 3
22. Pursuant to FWCC Sections 22-1671, 22-1674, and 22-1378, the required amount of parking for
churches and schools is determined on a case-by-case basis,pursuant to a parking demand analysis.
Based on the City's review of the applicant's Traffic Management Plan(TMP), the Development
Agreement specifies a minimum of 1,406 parking stalls and a maximum of 1,540 stalls on the site to
serve anticipated parking demand for ordinary operation of the site.The Agreement also requires the
applicant to prepare and submit an overflow parking plan for review and approval to the Public
Works Director prior to special events to manage overflow parking using resources such as transit,
shuttle service, and traffic control such as flaggers and police officers. The Agreement establishes the
parking setbacks from property lines, consistent with FWCC Sections 22-671 and 22-674.
23. Lakehaven Utility District has provided Certificates of Water and Sewer Availability for the property,
and will provide these services pursuant to developer extension agreements between the applicant and
District. Fire and emergency medical services will be provided by the Federal Way Fire Department.
A City-operated regional storm drainage detention pond located in the northwest portion of the site
has been determined to have adequate capacity to accommodate site drainage from the westerly sub-
basin on the property.
24. Staff has reviewed and analyzed transportation related matters. The Staff Report sets forth general
findings, applicable policies, and provisions related to the matter, and is hereby incorporated in its
entirety, without limitation,by this reference.
25. The project site has frontage on the existing rights-of-way of South 336"' Street, SR 99 (Pacific
Highway South), South 3415[Place, and the planned extension of 201'Avenue South, as shown in
FWCP Map III-5. Pursuant to FWCC Section 22-1474(a), frontage improvements are required for
these roadways.
26. South 336"'Street is classified as a minor arterial, as shown in FWCP Map III-5. FWCP Map III-6
classifies South 336"'Street as a Type K street.FWCP Map III-19 was revised to relocate the segment
of a bicycle route on South 336`h Street between 13'h Place South and 20`h Avenue South to South
330"' Street.Therefore,a Type K street is no longer applicable to South 336"' Street west of 20`h
Avenue South; a Type M street is now the appropriate standard. Existing improvements on the
frontage consist of 36 to 54 feet of pavement with intermittent curb, gutter, and sidewalk on the north
side only. Existing right-of-way width varies from 60 to 100 feet.The applicant will dedicate five feet
of right-of-way on the west 400 feet of frontage only and construct the required half-street
improvements on the entire frontage.Modifications approved by the Director of Public Works may be
made pursuant to FWCC Section 22-1477,in order to minimize impacts to wetlands and wetland
buffers.
27. SR 99 (Pacific Highway South) is classified as a principal arterial, as shown in FWCP Map III-5.
FWCP Map III-6 classifies SR 99 as a Type A street. SR 99 is currently under construction to provide
full standard improvements,and all necessary right-of-way has been-acquired.
28. Twentieth Avenue South is classified as a minor collector,as shown in FWCP Map III-5.FWCP Map
III-6 classifies 20`h Avenue South as a Type R street.As a new street though the site, the applicant
will dedicate all 66 feet of right-of-way and construct full street improvements.
29. South 34151 Place is classified as a minor collector, as shown in FWCP Map III-5. FWCP Map III-6
classifies South 34151 Place as a Type R street. Existing improvements consist of a 36-foot street with
curbs and gutters, and five-foot sidewalks in a 60-foot right-of-way. The applicant will dedicate an
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Exhibit F—Staff Report to City Council Page 4
additional three feet of right-of-way. Pursuant to FWCC Section 22-1477, the requirement for street
frontage improvements on South 3415`Place are waived because the improvements are already in
place.
30. Pursuant to FWCC Section 22-1474(b), the City may require up to 300 square feet of right-of-way
dedication per average daily trip generated. According to the EIS, average daily trip generation would
exceed 2688 trips,thus allowing the City to require at a minimum of 806,486 square feet of right-of-
way dedication. Approximately 108,290 square feet of right-of-way dedication would be required to
meet full standards. Thus, the right-of-way requirements are proportionate with the level of impact.
31. Pursuant to FWCC Section 22-1542, two-lane driveways shall be 30 feet wide, and three-lane
driveways shall be 40 feet wide, unless design vehicles (the largest vehicle that would reasonably be
expected to use the driveway, and therefore the one to which the driveway will be designed)require
larger widths. The EIS analyzed all driveways as two-lane except for the northerly of the four
driveways onto 20°i Avenue South, and the driveway onto South 336`' Street, which were assumed to
be three-lane driveways.
32. Pursuant to FWCC Section 22-1543(a), South 336`h Street has an access classification of four,which
allows access points with spacing of 150 feet measured centerline-to-centerline. FWCC Section 22-
1543(c) limits access to one per 330 feet of frontage. South 336`'Street has approximately 2150 feet
of frontage, thus six access points could be allowed. The site plan for the project shows one access
approximately 572 feet west of 20`h Avenue South. A single-family residential driveway is located
opposite this proposed driveway, the driveway to the Ridgecrest Motel is located approximately 100
feet to the west, and a driveway to a multi-family residential complex is located 230 feet to the east.
The spacing standard does not apply to single-family residential uses. If the driveway were to be
relocated to the east, it would worsen the intersection sight distance for traffic turning left from the
driveway onto westbound South 336`h Street. If the driveway were relocated to the west,it would
infringe upon wetland buffer.The Ridgecrest Motel consists of eight units. Based on ITE Trip
Generation, 6`h edition,the motel is estimated to generate four trips the morning, evening, and
Saturday peak hours, and three trips during the Sunday peak hour; therefore, although this access does
not meet spacing standards, it has a low probability of creating a significant safety issue. City staff
will monitor.
33. Pursuant to FWCC Section 22-1543(a), SR 99 has an access classification of one, which, due to its
status as a state highway,must meet the Washington State Department of Transportation(WSDOT)
standard of 250 feet. Left-turn in access would best be allowed at a spacing of 330 feet, and full
access is permitted only at signalized intersections. However,FWCC Section 22-1543(c)limits access
to one per 330 feet of frontage. The site has approximately 534 feet of frontage; therefore, only one
access point would be permitted. The project proposes to provide a right-in/right-out access 749 feet
south of South 336" Street,which would be shared with Pacifica Plaza. This location has no other
access within 250 feet.Therefore, this access meets driveway spacing standards.
34. Pursuant to FWCC Section 22-1543(b), the access spacing standard for 20`h Avenue South would be
150 feet. Each of the proposed driveways meets this standard.However, FWCC Section 22-1543(c)
limits access to one per 330 feet of frontage. Twentieth Avenue South has 1662 feet of frontage, thus
five access points could be allowed, whereas four are proposed. Therefore, this standard is met.
35. Pursuant to FWCC Section 22-1543(b), the access spacing standard for South 34151 Place would be
150 feet. FWCC Section 22-1543(c) limits access to one per 330 feet of frontage. No access points are
proposed onto South 34151 Place. However, the creation of the intersection of 20`h Avenue South and
South 34151 Place creates access spacing issues with an existing driveway at the intersection of 215`
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Avenue South and South 34151 Place.As part of engineering plan review,the applicant will provide
plans that provide adequate intersection sight distance, geometrics, and traffic control measures that
provide for safe and efficient operation of the intersection consistent with FWCC and adopted
standards.
36. Pursuant to TIA Guidelines item VI.D.4.a, the City uses Highway Research Record 211 to determine
when left-tum lanes are warranted at unsignalized intersections.A left-turn lane is warranted when
certain thresholds involving travel speeds, left-turn volumes, through volumes in the same direction
as the subject left-turn, and opposing traffic volumes are exceeded.
37. Based on the volumes in the traffic analysis for the EIS, this warrant is met at the driveway on
westbound South 336th Street during the morning, afternoon, and evening peak hours. Therefore, the
applicant will provide a westbound left-turn lane at the site access on South 336t" Street.
38. Based on the volumes in the traffic analysis for the EIS, left-turn lane warrants are met at the north
driveway on northbound 20"'Avenue South during the morning, and Sunday between service peaks;
at the north central driveway on southbound 201h Avenue South during the morning, afternoon,
Sunday between service,and Sunday after service peaks; at the south central driveway on northbound
20th Avenue South during the morning,and Sunday between service peaks; at the south central
driveway on southbound 201h Avenue South during the Sunday between service peak; at the south
driveway on southbound 20th Avenue South during the Sunday between service and after service
peaks; and at the south driveway on northbound 20`h Avenue South during the Sunday between
service peak. Since left-turns lanes are warranted at each driveway, the applicant will stripe 20th
Avenue South to provide a two-way left-turn lane throughout the site.
39. The proposed schedule of activities contained in the Traffic Management Plan(TMP),required
pursuant to FWCC Section 22-671, was analyzed in the environmental review. Pursuant to FWCP
Polices TPS, TP45, and TP62, the following restrictions on the scheduling of activities will be placed
on the development in order to reduce traffic impacts: school classes will be completed by 3:30 pm;
Sunday services will be separated by at least 90 minutes; evening services will be scheduled to start
no earlier than 6:30 pm; Dominion College will have no classes scheduled between noon and 6:30
pm; and special events will be reviewed on a case-by-case basis pursuant to the TMP and should be
scheduled to not add trips during peak hours of other uses, or conversely, other uses should be
canceled to accommodate the special events. Should a modification of this schedule of activities,
which was submitted for review in the EIS,be required,the Agreement specifies the applicable code
process to use.
40. The intersection of SR 99 at South 312`h Street would fail the adopted Level of Service(LOS)
standards in 2007 with or without Christian Faith Center(CFC).This intersection was originally
included in the study area based on a 10 evening peak hour trip threshold in the City's Guidelines for
the Preparation of Transportation Impact Analyses. As a result of the initial analysis, CFC modified
their proposed hours of operation to reduce evening peak hour trip generation. As a result, the project
now impacts this intersection by eight evening peak hour trips, less than the 10-trip threshold.
Therefore, no mitigation is required.
41. Pursuant to the methodology analyzed in the EIS, the intersection of South 320th Street and 23`d
Avenue South fails the adopted LOS standard during the evening peak hour in 2007, with or without
the project, and fails as a result of the project during the Sunday peak. Staff considered other
methodologies for determining failure of the adopted LOS standard without violating the adopted
policy. In practice, City staff has administered the policy as outlined in the TIA guidelines as the
worst of two tests.Table 2 defines a volume/capacity ratio test as X,(as defined in the Highway
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Exhibit F—Staff Report to City Council Page 6
Capacity Manual) must be less than 1.000. However, item V.B. in the TIA Guidelines specifies that
no movement shall have a volume/capacity ratio greater than 1.000. It is this latter standard upon
which the EIS identified the LOS failure. Using X,,the volume/capacity ratio is 0.91 during the 2007
evening peak hour and 0.94 during the Sunday peak hour. Given that using X,is consistent with
FWCP Policy TP 16, and the high cost to mitigate relative to the impact,no mitigation will be
required.
42. The intersection of South 336`h Street at 151 Way South would fail the LOS standards during the
evening peak hour in 2007 with or without the project. The proposed mitigation would provide a
protected right turn overlap phase for westbound traffic during the southbound left-turn phase. This is
a minor revision to the signal design and will be incorporated into the capital project at this location,
which is scheduled to be in design in 2004. No mitigation will be required at this intersection beyond
pro-rata share contributions described in the Agreement.
43. The intersection of 16"'Avenue South at South 3415(Place would fail the LOS standard during all
peak hours analyzed as a result of the project. The project would add 426 trips during the morning
peak hour, 344 trips during the afternoon peak hour, 99 trips during the evening peak hour, and 820
trips during the Sunday peak hour. Because of its proximity to the signalized intersection of 16`h
Avenue South and SR 99, it is impractical to signalize this intersection to resolve the LOS failure.
44. The EIS considered three alternatives to resolve the LOS failure at 16th Avenue South and South 341"
Place. One assumes that the capacity restriction will resolve itself by drivers rerouting to avoid
making the left-turn from westbound South 3415[Place to southbound 16"Avenue South,by
rerouting to South 336"' Street and SR 99 when leaving the site, called the"Capacity Constrained
Distribution"in the EIS.The second is to provide a connection between South 3415`Place and South
344`h Street, and use planned signalized intersections on South 344`h Street at 16`h Avenue South and
SR 99 to access these roadways. The third alternative considered is to prohibit westbound left-turns
from South 341St Place to southbound 16`h Avenue South and accommodate U-turns by constructing a
roundabout at the intersection of SR 99 and 16`h Avenue South. Based on staff analysis, alternatives
one and three are not recommended.
45. Providing a connection between South 34151 Place and South 344th Street reroutes traffic around the
intersection of 16"'Avenue South and South 3415`Place, and takes advantage of a project planned by
the City to construct traffic signals on South 301'Street at 16"'Avenue South and at SR 99.
46. Potential locations to provide this connection between South 341St Place and South 344th Street are
2151 Avenue South and 18th Avenue South. Due to the presence of wetlands,three different alignments
for 2151 Avenue South were considered in the EIS. An alignment along the existing right-of-way
would impact wetlands and result in two stream crossings; an alignment to the east would cross the
wetland at its narrowest width,but would still impact wetlands and result in two stream crossings;
and an alignment to the west would avoid impacting the stream and wetlands,but would require right-
of-way acquisition from the truck parking lot.
47. Eighteenth Avenue South has continuous right-of-way, but is not a through street due to an existing
temporary berm. Eighteenth Avenue South provides a preferred alternative to 215`Avenue South due
to the wetlands in the vicinity of the proposed 215(Avenue South alignments and the transitional
nature of the residential neighborhood on 18`h Avenue South. Pursuant to the FWCC, the applicant
will construct 181h Avenue South as a Type R street between the southern extent of the street
improvements in Kits Corner Business Park and South 344`h Street. Pursuant to FWCC Section 22-
1477, the required right-of-way width is modified from 66 to 60 feet to avoid right-of-way
acquisition, and utility undergrounding will not be required.
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48. The rerouting of trips using this connection on 18`h Avenue South would add 417 (rips to the east leg
of South 344h Street east of 16`h Avenue South, and 128 trips between 16`h Avenue South and SR 99
during the Sunday after service peak hour.Both of these intersections are currently unsignalized.The
addition of these trips would create LOS failure and safety issues associated with unsignalized
intersections operating over capacity. Staff has determined that these intersections would not operate
safely if the project's trips impacted these intersections prior to the completion of the Transportation
Improvement Plan(TIP)project scheduled for 2008 that would add left-turn lanes on South 344`h
Street and signalize both intersections. Therefore,the applicant will construct traffic signals at these
intersections.
49. Staff analysis has determined that the project's trips meet warrants for left-turn lanes in the
westbound direction at both intersections. Eastbound left-turn lanes may also be needed to line up
lanes across the intersection within allowable tapers, depending on the intersection geometries; this
will be determined through engineering plan review of these intersections. Although the EIS
identifies impacts related to right-of-way acquisition in order to provide full-standard improvements,
it is not necessary to provide full street improvements to mitigate the safety and LOS deficiencies at
these intersections. The applicant will be required to develop a design that mitigates the safety and
LOS impacts while minimizing right-of-way acquisition. The applicant will provide signalization and
westbound left-turn lanes necessary to assure the safe operation of these intersections in the interim.
Signal interconnect will also be provided between the two signalized intersections. The need for
eastbound and westbound left-turn lanes will be determined during engineering plan review.The
requirement for any of the left-turn lanes on South 3440'Street may be waived by the Public Works
Director if it is determined that to do so would require right-of-way acquisition.
50. The intersection of 16"h Avenue South/Enchanted Parkway South(SR 16 1) at South 3481h Street(SR
18) fails the adopted LOS standard during the school afternoon peak and the Sunday peak with or
without the project. The project would add 150 trips during the school afternoon peak hour and 328
trips during the Sunday peak hour.The EIS identifies the construction of a second northbound right-
turn lane as a mitigation measure that would correct the LOS deficiency during the school afternoon
peak by improving the LOS from F to D, and reducing the LOS deficiency significantly during the
Sunday peak hour by reducing the volume/capacity ratio from 1.24 to 1.04.This mitigation measure
is in addition to the project in the adopted 2004-2009 TIP, which would add a third westbound left-
tum lane and eastbound and westbound right-turn lanes. Based on the traffic analysis for the EIS, in
order to function without being blocked by queues in the through lanes,the right-turn lanes would
need to provide 550 feet of storage. Therefore, the applicant will provide a cost estimate for the
construction of a second right-turn lane with 550 feet of storage for approval by the Director of Public
Works, and will pay to the City the agreed amount to expand the scope of the City's existing project.
51. WSDOT is proposing to construct a major revision to the I-5/SR 18 interchange,which would include
access between SR 161 and I-5 to and from the north.This would provide an alternative route that
would reduce traffic volumes through the intersection of SR 18 and SR 161.Therefore, it is unknowri
at this time what intersection configuration will be needed over the longer term at SR 18 and SR 161.
Consequently,the addition of through lanes northbound that would be needed to meet the LOS
standard in 2007 may not be needed after 2012.
52. The intersection at 20'11 Avenue South at the south central site access fails the adopted LOS standard
during the Sunday after service peak as a result of the project. It is impacted by 1047 Sunday peak
hour trips.The EIS addressed four options for addressing the LOS failure: provision of a two-way
left-turn lane on 20`h Avenue South, construction of a roundabout, signalization, and flagging the
driveway during peak hours. Provision of a two-way left-turn lane is recommended to accommodate
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Exhibit F—Staff Report to City Council Page 8
turning movement volumes,but does not fully mitigate the LOS deficiency. Left-turn volumes from.
20th Avenue South into the driveways are high enough that the two-way left:-tum lane would not be
available for use as a refuge area for vehicles turning left from driveways onto 20'h Avenue South.
Flagger control during the project's peaks would safely manage traffic only when it is needed. CFC
has proposed this option in the TMP. Given the low volumes of through traffic on 20'11 Avenue South
during the project's peak hours of trip generation on Sundays, and the relative lack of impacts by the
use of nagger control compared to the other alternatives, nagger control is the recommended
mitigation for this location. The applicant will provide nagger control of this driveway during Sunday
peak hours, subject to conditions of the Right-of-Way Activity Permit to be issued by the Department
of Public Works.
53. The EIS suggests as a mitigation measure to minimize the intrusion of project-generated traffic into
residential neighborhoods to the north of the site an education program to influence route choices by
notices, announcements, and new member orientation used to educate drivers. Pursuant to FWCP
Policy TPS, the applicant will provide an ongoing education program to minimize traffic intrusion
into adjacent residential neighborhoods.
54. The EIS discusses a broad range of traffic calming tools that might be used to discourage through
trJfflC FI'0 i 20"' :' \vIIuL South north of the site, and to maintain reasonable speeds for a
residential rieis}i;l t?ri trncl i0r 0,osc that Oji, cliuo. :c to use 201h Avenue South. Based on the analysis of
the alternatives by staff, a through movenzcrit di,enter is recommended and will be placed at the
intersection of 20`h Avenue South and Soulll ,3()'° Street. and is intended to Prohibit through
movements on 201h Avenue South across Soutli 336'''Street.All other movements at the intersection
would be permitted. The design will accommodate transit turning movements and full access for
emergency vehicles,making it possible that smaller vehicles could still drive around the diverter.
55. Despite the diverter, some project-generated traffic may still be expected to use 20`h Avenue South to
the north of the site.Therefore,there is still some need to discourage the use of 20th Avenue South
through traffic calming north of the site, even with the through movement diverter. Traffic circles
have been found by many agencies to significantly reduce intersection collisions and slightly reduce
midblock vehicle speeds. In order to be effective at reducing speeds and encourage yielding behavior,
deflection of the driver's path upon entry to the traffic circle is required. At a three-legged
intersection such as at South 332"d Street, additional pavement widening may be required to provide
for adequate deflection and provide positive guidance to the driver. In no case should additional right-
of-way be required.Pursuant to FWCP Policy TP5,The applicant will place the through movement
diverter at the intersection at South 336`h Street, and yield-controlled traffic circles at South 330`t'
Street and South 332nd Street to reduce intersection collisions and midblock vehicle speeds.
56. The residential segment of 18th Avenue South will be fully improved to a Type R street. The applicant
has proposed that the existing bulb in the right-of-way where the existing cul-de-sac bulb is located
be used as a location for a median island to create a chicane effect, and staff proposes that curb
returns on 18"h Avenue South be bulbed-out into the intersections at South 341"Place and South 340
Street to reduce the potential for trucks to use 18`h Avenue South through the residential
neighborhood. Staff also recommends signage be placed to prohibit trucks on 18`h Avenue South
between South 34151 Place and South 344th Street. However,participation from the residents on 18`h
Avenue South has been lacking. Therefore, staff recommends that the traffic calming elements be
decided at a neighborhood meeting during engineering plan review. Pursuant to FWCP Policy TP5,
the applicant will provide traffic claming elements to be determined by staff following a
neighborhood meeting for properties between the intersection of 18`h Avenue South at South 344th
Street and 18"'Avenue South at South 3415[Place.
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57. The EIS discusses the potential advantage of extending the code-required frontage improvements on
the south side of South 336"' Street to provide pedestrian access to transit and the sidewalk network
on SR 99.The intersection of SR 99 and South 336`h Street is served by Metro Route 182 and Pierce
Transit Routes 402 and 500.The City's project on SR 99 will provide transit amenities at the bus
stops at this intersection.These improvements could be provided at little additional expense and
would connect to one of the best-served transit corridors in the City.Therefore,pursuant to FWCP
Policies TP62,TP65, and TP77, the applicant shall provide sidewalk on the south side of South 336`'
Street to be extended from the west property line of the site to SR 99.
58. The EIS discusses the provision of transit amenities such as shelters, benches,bus landing pads, etc.
as a potential mitigation measure. The site is served by Pierce Transit Route 501 at a bus stop located
on the south side of South 336"' Street east of 20`h Avenue South, and a bus stop located on the east
side of 20"'Avenue South north of South 336" Street. Sidewalks will be provided to the bus zone by
code-required frontage improvements on South 336"' Street. Pursuant to FWCP Policies TP62,TP65,
and TP77, the applicant will provide a transit shelter, shelter footing, litter receptacle pad,bus landing
pad,and bench, designed to King County Metro standards, located by City staff in consultation with
King County Metro and Pierce Transit staff on the north side of South 336`"Street east of 20"Avenue
South, and on the east side of 20`h Avenue South north of South 336"'Street. In addition, the sidewalk
will be extended on the east side of 20`h Avenue South from the intersection of South 336"' Street to
this latter bus zone. This will help mitigate increased vehicle trips from the project.
59. The EIS addresses pro-rata share mitigation for impacts to capital projects listed on the City's TIP.
The calculation of pro-rata contributions is described in the TLA Guidelines item VI.D. In general,the
pro-rata contribution is the number of evening peak project-generated trips divided by the total
evening peak hour traffic with the project multiplied by the estimated cost of the TIP project.
Pursuant to FWCC Section 22-1475 and FWCP Policy TP62,the applicant shall either construct the
impacted TIP projects or pay$235,900 as a pro-rata mitigation payment for impacts to projects in the
2004-2009 TIP,as identified in the Agreement.
60. The project impacts a capital project in unincorporated King County at the intersection of South 320"
Street and Military Road S. Therefore,the applicant will pay King County$647 as a pro-rata share
mitigation payment for impacts to the County project.
61. The development proposal includes signalization of the intersection of 2.0"'Avenue South and South
336`h Street.This intersection meets!Manual on LIn fornt Traffic Control Devices(MUfCD)warrants
for signalization under existing conditions;thus the proposal is consistent with FWCC Section 22-
1476.The MUTCD also recommends that traffic signals within one-half mile of each other be able to
be coordinated.This intersection is one-quarter mile east of the signalized intersection of SR 99 and
South 336`h Street. FWCP Map III-3 shows that these facilities were planned to have signal
communications available between them.Pursuant to FWCP Policy TP39, the applicant will provide
signal interconnect on South 336`h Street between SR 99 and 20"'Avenue South.
62. Based on the traffic analysis in the EIS, left-turn lanes on South 336"Street are warranted during all
weekday peak hours analyzed eastbound,and during all peak hours analyzed westbound. In order to
provide the left-turn lanes, the existing westbound shoulder could be restriped as a through lane.
However, this would eliminate the safe walking route for school children to reach a school bus stop
on 20"Avenue South from South Garden Court and Green Crest Villas condominiums. Therefore,
the applicant will provide continuous sidewalk improvements on the north side of South 336"Street
between South Garden Court and Green Crest Villas to provide a safe walking route to the bus stop.
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63. The TIA guidelines adopt the use of an article, Guidelines for Right-Turn Treatments at Signalized
Intersections, for determining the need for right-turn lanes at signalized intersections. Based on the
traffic analysis in the EIS,right-turn lanes are warranted on all legs of the intersection of 20'h Avenue
South and South 336'h Street. In conjunction with the through movement diverter,no through lanes on
20`h Avenue South would be required. Thus,no additional widening would be necessary on the south
leg of the intersection. On the north leg of the intersection,the right-turn lane would have to have a
vehicle storage length of 175 feet to function effectively. A right-turn lane on the west leg of the
intersection would require additional right-of-way dedication from the project, and would have to
provide 100 feet of storage to function effectively. Per WSDOT Design Manual Figure 910-14,right-
turn lanes would also require 50-foot tapers. The applicant shall construct improvements to the
intersection of 20"'Avenue South at South 336`h Street that provide signalization; signal interconnect
on South 336`h Street between SR 99 and 20"'Avenue South; left-turn lanes on all legs of the
intersection and an eastbound right turn lane with 100 feet of storage; a southbound right turn lane
that provides 175 feet of storage; the diverter island that would prohibit through movements on 20"'
Avenue South. These improvements mitigate the project impacts by providing adequate levels of
service at the intersection, while discouraging project-generated traffic from impacting residential
neighborhoods north of the site.
64. Based on the traffic analysis in the EIS,under the worst case queuing, the westbound left-turn lane at
the intersection of SR 99 and South 336`t' Street would need a storage length of 450 feet.The existing
storage available is 100 feet. The increase in storage length, combined with associated tapers per
WSDOT Standard Plan H-3, would overlap the taper necessary to accommodate the left-turn lane at
the site driveway onto South 336`h Street. Therefore,pursuant to FWCC Section 22-1475, the
applicant will provide a continuous left-turn lane between SR 99 and 20`h Avenue South.
65. New traffic signals are proposed at the intersections of 20th Avenue South at South 336`h Street, 16"'
Avenue South at South 344"' Street, and SR 99 at South 344th Street. In addition, the project would
significantly alter travel patterns before and after Sunday services. New signal coordination timing
plans would need to be developed to accommodate safe and efficient travel in the project vicinity.
Pursuant to FWCP Policy TP39,the applicant will develop timing plans for Sunday peak hours of the
development at SR 99 at South 324"'Street, SR 99 at South 330"'Street, SR 99 at South 336t"Street,
20"'AVel7LIC South at South 336"'Street, 10h Avenue South at SR 99, 16th Avenue South at South
344"' Street,and SR 161 at SR 18.
66. Transportation mitigation provided in the Development Agreement is consistent with goals and
policies contained in the FWCP Transportation Chapter, including TP5,TP 10,TP 14,TP 16,TP20,
TP21,TP23, TP30,TP38,TP39,TP45,TP47,TP62,TP65, and TP77.
67. FWCC Section 22-1671 sets out factors to be considered for a development agreement. The City may
consider, but is not limited to,the following factors when considering a development agreement: 1)
compatibility with and impact on adjacent land uses and surrounding neighborhoods; 2) adequacy of
and impact on community facilities including utilities,roads,public transportation, parks,recreation,
and schools; 3)potential benefits of the proposal to the community; and 4) effect upon other aspects
of the comprehensive plan.
68. Development of the site in accordance with all adopted City codes,policies, regulations, conditions of
approval, and EIS-based mitigation contained in the Development Agreement, will address project-
related impacts and ensure compatibility with adjacent land uses and surrounding neighborhoods.
Transportation impacts to surrounding neighborhoods will be addressed by code-required street
frontage improvements and mitigation established in the development agreement, including additional
street and sidewalk connections; a new street through the site; traffic calming measures such as traffic
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circles and island diverters; signalization; transit shelter improvements; signal timing plans; traffic
management plan; and operational parameters governing use of the site. Conditions of the Hearing
Examiner's Process N decision will ensure that project-related impacts to on site wetlands, streams,
and buffers are addressed. Mitigation in the Development Agreement pertaining to clearing, grading,
and landscaping, will further address construction and development-related impacts.The Director's
Design Decision also ensures quality design standards and project aesthetics for compatibility with
surrounding neighborhoods. Therefore, development of the site in accordance with all adopted City
codes,policies, regulations, and conditions of approval, and mitigation contained in the Development
Agreement is compatible with, and will not adversely impact, adjacent land uses and surrounding
neighborhoods.
69. Development of the site in accordance with all City codes,policies, and regulations and conditions of
approval and mitigation contained in the Development Agreement will ensure adequacy of, and
address impacts to, community facilities including roads,public transportation,parks,recreation, and
schools. Potential transportation-related impacts to adjacent street and the City transportation system
were considered in the EIS. Mitigation for these impacts included in the Development Agreement,
pursuant to City Code and the EIS,includes system improvements such as construction and
dedication of 20`x'Avenue South through the site, connecting and improving 18`x'Avenue South,
frontage improvements, signalizing of intersections,and traffic calming measures and transit
improvements. Driveway and street access to the site was reviewed and determined to be at the
optimal location and configuration, subject to the City's adopted design standards and street plans.
The recreational needs of the school and day care students will be met on site by the code-required
outdoor play areas,and the play field.The minimum amount of outdoor play area included in the
Development Agreement meets and exceeds the requirements of the City of Federal Way and the
State Superintendent of Public Instruction. In addition,users of the site may utilize City parks in the
area. Any such use is expected to be small.The proposed development contains a private school.
70. The proposed church and school are expected to generate some employment opportunities and
potential economic and social benefits. Based on information provided by CFC, it would employ 175
to 225 full time employees. Employees and members of the congregation, who come for services,
meetings, and school, may also patronize local merchants and service providers such as retail,
restaurants,hotels,and entertainment.Therefore,more economic benefit would be anticipated than is
currently generated by the existing vacant site. As proposed and as required, the project will construct
needed right-of-way improvements on and off site, including a new fully-improved City street
through the site; street frontage improvements including curbs, gutter, sidewalk, street trees, street
lights,and a bike lane; and other street improvements identified in the Development Agreement. Such
improvements will promote safe and effective vehicle and pedestrian circulation on the site and in the
immediate vicinity. In addition,the project will convert a large, vacant site that has historically been
unused to a development that meets all City code requirements for landscaping, lighting,pedestrian
amenities, site surveillance,and architectural design principles. Conditions contained in the
Development Agreement will ensure mitigation of potential adverse impacts to on-site
environmentally sensitive areas resulting from the development.Also,religious organizations
typically operate or participate in various local social service-related programs such as f6od and
clothing banks, Youth programs, and counseling, from which the community may benefit. Therefore,
development of the site in accordance with all City codes,policies, regulations, and conditions of
approval and mitigation contained in the Development Agreement will provide potential benefits to
the community.
71. Development of the site in accordance with all City codes,policies, and regulations and conditions of
approval and mitigation contained in the Development Agreement will have no negative impact upon
any other aspects of the comprehensive plan.The vision of the FWCP is to provide a supply of land
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for such uses as services, employment,parks, open space, and housing to meet future demand. The
BP zone is that zone intended for industrial uses including manufacturing and warehousing. The July
2000 Market Analysis concluded that there would be a low demand for BP-zoned land. Therefore, the
reduction in BP zoned land,resulting from changing the designation of this site from Business Park to
Multiple Family will not affect the vision of the comprehensive plan.
72. FWCC Sections 22-529 (incorporating 22-448(c)by reference) and 22-530 set forth the factors that
may be considered for a site-specific comprehensive plan amendment and associated rezone, and the
criteria for such amendments. The City may consider,but is not limited to, the following factors when
considering a proposed amendment to the comprehensive plan: the effect upon the physical
environment; the effect on open space, streams, and lakes; the compatibility with and impact on
adjacent land uses and surrounding neighborhoods; the adequacy of and impact on community
facilities including utilities,roads, public transportation, parks, recreation, and schools; the benefit to
the neighborhood, City, and region; the quantity and location of land planned for the proposed land
use type and density and the demand for such land; the current and projected population density in the
area; and the effect upon other aspects of the comprehensive plan. In order to encourage efficient and
desired development and redevelopment of existing land designated and zoned for various types of
commercial uses, when considering proposals for comprehensive plan amendments and rezones from
one commercial designation to another, the City will consider development trends in commercially
zones areas, market demand for various types of commercial land, and amount of vacant commercial
land. For site-specific comprehensive plan amendments, the provisions of FWCC Section 22-488(c)
shall also apply.
73. FWCC Section 22-488 established the following rezone criteria that must be considered. The
proposed rezone is in the best interest of the residents of the City; and the proposed rezone is
appropriate because either: 1) conditions in the immediate vicinity of the subject property have so
significantly changed since the property was given its present zoning and that, under those changed
conditions,a rezone is within the public interest; or 2)the rezone will correct a zone classification or
zone boundary that was inappropriate when established; it is consistent with the comprehensive plan;
it is consistent with all applicable provisions of the chapter, including those adopted by reference
from the comprehensive plan; and it is consistent with the public health, safety, and welfare; and the
proposed project complies with this chapter in all respects; and the site plan of the proposed project is
designed to minimize all adverse impacts on the developed properties in the immediate vicinity of the
subject property; and the site plan is designed to minimize impacts upon the public services and
utilities; and the rezone has merit and value for the community as a whole.
74. The requested comprehensive plan amendment and rezone, from BP to RM 3600,would not in itself
affect the physical environment if approved. It would result in changes to the comprehensive plan
map and zoning map. Pursuant to the proposed Development Agreement, development of the site
would be limited to two buildings with associated parking and recreational and athletic fields. One
building would consist of a church sanctuary, school auditorium, and approved accessory uses, and
the other building would be used as a private school. An evaluation of potential impacts to the
physical environment as a result of the development of the site as proposed was conducted in an EIS.
There will be no significant adverse impact on the physical environment if the property is developed
in accordance with all applicable adopted City codes,policies,regulations, and SEPA-based
mitigation contained in the proposed Development Agreement.
75. The site contains environmentally sensitive areas, as studied in the EIS, including regulated wetlands
and streams and their buffers. The Hearing Examiner has approved certain intrusions into these areas,
subject to City Council decisions on the comprehensive plan amendment,rezone, development
agreement and development plan, in order to construct the project as proposed. Activities approved
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by the Examiner include filling a Category III wetland and its buffer, and related mitigation including
a created wetland and additional buffer area in and adjacent to a Category Il wetland on the site.
Additional intrusions into wetland and stream buffer were approved in order to accommodate an
access road and construct required right-of-way and related improvements including pavement
widening,retaining walls, and extending storm pipes and stream culverts. Construction of the site in
accordance with all conditions of the Hearing Examiner's decision will result in no net loss of
wetlands and wetland buffers and stream buffers. In addition,pursuant to the Hearing Examiner's
conditions of approval,all on site wetlands, streams, and their required buffers will be set aside and
recorded as Native Growth Protection Easements (NGPE)and permanently protected from any future
land modifications or intrusions. In addition, the Development Agreement establishes mitigation
pertaining to surface water drainage detention and water quality treatment that meets and exceeds
code requirements. No lakes are present on the site. There will be no significant adverse impact on
open space, streams,and lakes if the property is developed in accordance with all applicable adopted
City codes,policies,regulations, and mitigation contained in the Hearing Examiner Decision and
proposed Development Agreement.
76. The request for a change in comprehensive plan designation and zoning from BP to RM 3600 zoning
(one unit per 3,600 square feet) is accompanied by a proposed Concomitant Agreement and
Development Agreement, which contains a variety of mitigation measures related to site use and
operation, transportation,parking, landscaping, and surface water drainage, designed to ensure
compatibility with adjacent land uses and surrounding neighborhoods. In addition,rezoning the site
from industrial to multifamily with a church and school development would be more compatible with
residentially-zoned properties in the area than uses that may develop under the current industrial
zoning, such as a warehousing facility with associated truck traffic. The development will be
compatible with, and there will be no significant adverse impact on, adjacent land uses and
surrounding neighborhoods if the property is developed in accordance with all applicable adopted
City codes,policies,regulations, and mitigation contained in the proposed Development Agreement.
77. The requested comprehensive plan amendment and rezone does not by itself impact community
facilities.Based on the EIS analysis prepared for the CFC,it is anticipated that the public
transportation impacts associated with the proposed church and school would not exceed those that
would be expected with development of the site under the current comprehensive plan and zoning
designation of BP. Development of the site as proposed,in accordance with all applicable codes,
policies,regulations, conditions of approval, and mitigation measures contained in the Development
Agreement, will ensure the adequacy of,and no significant adverse impact on,roads, public
transportation,parks,recreation, and schools.
78. The July 2000 Market Analysis concluded that there would be only an 11 to 13 percent demand for
BP-zoned land in the 2000 to 2020 period. Therefore,it is possible that this land would not develop
for BP uses in the near future. Conversion of the vacant site from vacant property,which is unlikely
to develop in the near future,to a developed site as proposed, in accordance with all applicable codes,
policies,regulations, conditions of approval,and mitigation measures contained in the Development
Agreement, will be a benefit to the neighborhood, City,and region.
79. Due to the size of its existing congregation, school, and accessory uses such as administrative offices,
Dominion College, day care, and future projections for growth,the CFC would like to locate on an
approximate 50-acre parcel. Based on a survey of the King County Assessor's records conducted by
City staff,there are only two vacant parcels in the City that are 25 acres or more in size. One of these
is the parcel under discussion and the other one is the subject of Kits Corner request, located south of
South 3360'Street and west of Pacific Highway. The July 2000 Market Analysis concluded that there
would be only an 11 to 13 percent demand for BP-zoned land in the 2000 to 2020 period. Therefore,
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it is possible that this land would not develop for BP uses in the near future and a comprehensive plan
change and rezone to multiple family zoning and development of the site as proposed, in accordance
with all applicable codes,policies, regulations, conditions of approval, and mitigation measures
contained in the Development Agreement, will provide the quantity and location of land necessary for
the proposed land use, density, and demand for such use.
80. If this site were developed today as warehousing under the existing BP zoning, it would generate
approximately 268 employees. Based on information provided by the CFC, if the request for a
multiple family designation was granted, and the facility was constructed as proposed, it would
employ 175 to 225 full time employees. If the comprehensive plan and rezone is approved pursuant to
the proposed Concomitant Agreement and Development Agreement, the use of the site is limited to
the proposed church and school and permitted accessory uses, and it will not generate housing units.
Rezoning of this site to allow development as a church and school will not impact the City's ability to
meet required housing targets mandated under the Growth Management Act(GMA). Therefore,the
proposal will not impact current and projected population density in the area.
81. There will not be any adverse impacts upon any other aspect of the comprehensive plan as a result of
the proposed change from industrial zoning to multifamily zoning,pursuant to an approved
Concomitant Agreement and Development Agreement. The vision of the comprehensive plan is to
provide a supply of land for such uses as services, employment,parking, open space, and housing, to
- meet future demand. The BP zone is that zone intended for industrial uses, including manufacturing
and warehousing. One of the reasons that the July 2000 Market Analysis was prepared was to
determine whether the City has a 20-year supply of adequately zoned land to meet future demand.
The Market Analysis concluded that there would be a low (11-13 percent) demand for BP-zoned land
within the 20-year horizon. Therefore, changing the designation of this site from BP to multiple
family will not affect the vision of the comprehensive plan of providing an adequate supply of land to
meet future demand.
82. As described Findings 74 through 81 above, the requested comprehensive plan amendment and
rezone does not adversely impact the physical or natural environment; surrounding properties; the
adequacy of community facilities; population; or the comprehensive plan; including the supply of and
demand for BP-zoned property in the City. Therefore, the rezone is in the best interests of the
residents of the City.
83. The City of Federal Way incorporated in February 1990. At that time, the parcels proposed for
development by CFC had a mix of multi-family zoning on the west and light manufacturing zoning
on the east. Upon incorporation,the City of Federal Way zoned the parcels Manufacturing Park(MP).
This was changed to Business Park(BP) in 1995. Properties to the north across South 336`h Street
have developed as multi-family in recent years. However, very little BP zoned land has developed in
this area. Additionally, the July 2000 Market Study found that there would be only an 11 to 13
percent demand for BP-zoned land in the 2000 to 2020 period. As a result,rezoning this property is
appropriate and in the public interest,to allow its development rather than remaining vacant, while at
the same time maintaining an adequate supply of industrial zoned property to meet the anticipated
demand.
84. The criterion that the rezone will correct a zone classification or zone boundary that was inappropriate
when established is not applicable.
85. The requested rezone from BP to RM-3600 does not conflict with the vision of the comprehensive
plan to accommodate industrial uses, such as warrliokising and manufacturing, in BP zones located on
both sides of SR-99 in the vicinity south of South 336`x' Street, with other BP nodes located around
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South 272nd Street and South 348" Street. As noted in Finding 81 above,the requested comprehensive
plan change and rezone will not decrease the City's supply of BP-zoned property commensurate with
the anticipated demand. Rezoning and development of the site pursuant to all applicable adopted City
codes,policies,regulations, conditions of approval, and SEPA-based mitigation contained in the
proposed Development Agreement, will ensure consistency with the comprehensive plan.
86. If the request is granted, use and development of the site must comply with all applicable provisions
of this"chapter"(FWCC) and all applicable adopted regulations; Process IV conditions of approval;
EIS-based mitigation; and the FWCP. Furthermore, a comprehensive plan amendment from BP to
multiple family and associated rezone is required for the property to be developed as a church and
school. Therefore, the requested rezone, if approved, will be consistent with the comprehensive plan.
87. The requested comprehensive plan amendment and rezone has been analyzed and determined to be
consistent with the FWCC and adopted regulations; and the FWCP, and is therefore consistent with
the public health, safety, and welfare.
88. The criteria in FWCC Section 22-488(c)(1)a-e) are met.
89. The proposed development has been reviewed pursuant to all applicable provisions of this chapter
(FWCC), and as proposed and as conditioned, it complies with this chapter in all respects.
89. The use of a Concomitant Agreement and Development Agreement enables the City to limit the use
of the site to a church, school, and approved accessory uses. As described in Findings 74 through 81,
the Development Agreement has been crafted to minimize all adverse impacts on the developed
properties in the immediate vicinity. Examples include,but are not limited to,requiring a larger
buffer along South 336`h Street, limiting the enrollment of the school and Dominion College,-and
restricting the scheduling of activities, such as requiring school classes to be completed by 3:30 p.m.
and not scheduling special events that add trips during peak hours of other uses. The site plan of the
proposed project is designed to minimize all adverse impacts on the developed properties in the
immediate vicinity of the subject property.
90. All public services and utilities are available and adequate to serve the proposed development.
Lakehaven Utility District has provided Certificates of Water and Sewer Availability for the site, and
will provide these services pursuant to developer extension agreements between the applicant and
District.Fire and emergency medical services will be provided by the Federal Way Fire Department.
A City-operated regional storm drainage detention pond located in the northwest portion of the site
has been determined to have sufficient capacity to accommodate surface water drainage from the
westerly sub-basin of the proposed development. The applicant will provide storm drainage detention
facilities for the easterly sub-basin on the site in accordance with the FWCC and Development
Agreement. Surface water drainage mitigation contained in the Development Agreement provides a
higher standard of water quality treatment for both the East and West Sub-basins on the site, and a
higher standard of detention on the East Sub-basin, than would otherwise be required by code.The
site plan is designed to minimize impacts upon the public services and utilities.
91. Rezoning of this site from BP to multiple family has merit and value for the community as a whole
because it will allow development of a site that has not yet been developed and may not develop
under the current zoning based on the City's Market Analysis.
92. The proposed comprehensive plan amendment has been analyzed and determined to be consistent
with the FWCC and FWCP, and therefore bears a substantial relationship to public health, safety, or
welfare.
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93. The requested comprehensive plan amendment, rezone, and development of the site as a church and
school pursuant to the proposed Development Agreement, is expected to generate some benefits to
the community, including employment opportunities, development of a previously undeveloped site,
potential economic benefit to local shopping areas,restaurants,and hotels; and provision of social
services such as food and clothing banks, and youth programs, and counseling programs. Therefore,
the proposed amendment is in the best interest of the residents of the City.
94. RCW Chapter 36.70A, the Growth Management,4ct, reciuire5 tllc City crf Fedcral Way To adopt and
implement a comprehensive plan and to amend it i-n a iiiiic]} n13iIIII C1, 1)1.11 lice 1no1e than once a year,
except under certain circumstances. The City is responding to tliis inundate t)V tin{-latiNg the
comprehensive plan. FWCP Page N-7 (Economic DeveIop,nen t). recognizes llrat thcre has been no
substantive BP development since the City's incorporation, which suggests the influence of market
forces outside of the City limits, where cheaper land and established industrial parks act as a draw for
prospective park development- Therefore, the cNiric,e in comprehensive plan designation and zoning
of tlil-S Site iTOM ISI' t0 nmultll)I family �vtll not i-i-duce the supply of BP-zoned property below what is
necessary, and will enable development consistent with the economic deveiopinew Vision in the plan.
The proposal is consistent with FWCP Economia. Development Pollcics FF)1`1 1, LDP I). and FDP23,
related to bringing in new jobs to the community, developing cultural and recreaitonal �111porittnities,
and encouraging the development of new multi-purpose facilities in order to incrcase Ific ImunII) •r of
visitors to Federal Way and resultant visitor spending. The proposed amendlrre-111 1,. t11C1-C;�0r-e,
consistent with the requirements of RCW 36.70A and with the portion of the City's adopted plan not
affected by the amendment.
95. As addressed in the staff report,the proposed comprehensive plan amendment and rezone have been
reviewed and determined to be consistent with all applicable decisional criteria contained in the
FWCC, and with the applicable goals and policies contained in the FWCP.
96. As addressed in the staff report,the Development Agreement and Development Plan have been
reviewed and determined to be consistent with all applicable decisional criteria contained in the
FWCC,and with the applicable goals and policies contained in the FWCP.
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