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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 t � lsj \ ' p Z \ •: \Li 1 \\ F- O I i O p • �'t \�� 11 1 1 11��' '� [ I I I B I 1 11 , 1 ,+ 11! 1 uminuum AU .s .Dnd HIOz \1 v� iNiiiiiiiiii J � ► Fri, Z -- � II IIIII JJ til C JT � o 11' s 1r�1}' � `1 1 _1Sl l LLJT IM I -Ir [1 " 11 n Ij .,��,' 4r1 iT C7L l "' r � I ; - r O Z ! D 1 11 [ [I171-1� I: O O U '• = W LLI LLJ F- O Z IL 'S 'DAV Hl8_� 7 Y _ , r — �� \� � ' co Q a `\ \ I 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. Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE 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 Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE 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 Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE 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: Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE Exhibit D—Staff Report to City Council Page 12 • 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, Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE 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. Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE Exhibit D—Staff Report to City Council Page 14 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 Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE Exhibit D—Staff Report to City Council Page 15 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 Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE 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. Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE 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. Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE 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 Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE 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. Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE 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 Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE 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. Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE 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 Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE 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` Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE Exhibit F—Staff Report to City Council Page 5 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 Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE 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. Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE Exhibit F—Staff Report to City Council Page 7 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 Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE 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. Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE Exhibit F—Staff Report to City Council Page 9 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. Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE Exhibit F—Staff Report to City Council Page 10 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 Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE Exhibit F—Staff Report to City Council Page 11 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 Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE Exhibit F—Staff Report to City Council Page 12 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 Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE Exhibit F—Staff Report to City Council Page 13 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, Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE Exhibit F—Staff Report to City Council Page 14 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 Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE Exhibit F—Staff Report to City Council Page 15 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. Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE Exhibit F—Staff Report to City Council Page 16 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. Christian Faith Center Files CPA99-0004,02-102271-00-UP,02-102272-00-SE Exhibit F—Staff Report to City Council Page 17