Christ's Church Hearing Examiner DecisionProcess IV Decision -- 1
BEFORE THE HEARING EXAMINER FOR THE CITY OF FEDERAL WAY
Phil Olbrechts, Hearing Examiner
RE: Christ’s Church Ministry
Expansion
Process IV
No. 19-102839-UP
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND DECISION
INTRODUCTION
Christ’s Church requests approval of a Process IV permit to construct a two-story, 33,000 square-foot
church ministry building at 941 Dash Point Road South. The application is approved subject to
conditions.
ORAL TESTIMONY
City Testimony
Stacey Welsh, City of Federal Way Principal Planner, presented a City PowerPoint
presentation and summarized the staff report. No comments or appeals were filed on the SEPA
Determination. There is a recommended condition for a turn lane at the site access point.
Applicant Testimony
Alan Keimig, the Applicant’s Architect, stated they had reviewed the Staff Report and the
conditions of approval. They have no comment other than to express gratitude to the staff. In
response to the examiner, Mr. Keimig stated the height of the new structure will be 32 feet,
though the mechanical systems will be above that. The existing buildings that will be replaced
are 11 feet tall. The added height is due to a gymnasium. Mr. Keimig stated because of the
slope of the land, looking up at the building will be masked by the topography. Residences
from the south will see a larger building.
Pastor Jeff Moorehead stated the most northerly building is 30 feet tall. He represents the
church. The church has been part of the community since 1972. The church’s on-going
community commitment is to bring help to those in need. It is a core value. He described many
of the services the church offers to the community. He also thanked the staff.
Public Testimony
The examiner left the record open until 5 pm October 13, 2020 for additional public comment
in case any members of the public had trouble participating.
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EXHIBITS
The City’s October 5, 2020 Staff Report with Attachments A-J were admitted during the hearing. The
City’s PowerPoint Presentation was admitted as Ex. 2.
FINDINGS OF FACT
Procedural:
1. Applicant. The Applicant is represented by Alan Keimig, The Keimig Associates, 307 D
Street SE, Auburn, WA 98002.
2. Hearing. The Hearing Examiner conducted a virtual public hearing on the application at
3:00 pm, October 12, 2020, Zoom Meeting ID No. 919 8796 3248.
Substantive:
3. Proposal and Site Description. Christ’s Church requests approval of a Process IV permit to
construct a two-story, 33,000 square-foot church ministry building at 941 Dash Point Road South, along with
paving and upgrading a parking lot, stormwater improvements, site access improvements, and site
landscaping. The site is 3.7 acres in size. There is presently a church use established at the site, and the
subject property is developed with multiple church use buildings. The proposed building measures 32.5 feet
height above average building elevation at its highest point.
4. Characteristics of the Surrounding Area. All surrounding uses are zoned RS 9.6 or 7.2 and
are developed with single-family residences, except for the property to the east, which is developed
with the Sacajawea Middle School.
5. Adverse Impacts/Adequacy of Infrastructure. There are no significant adverse environmental
impacts associated with the proposal. The city’s Responsible Official issued a final DNS on
September 13, 2019 and a SEPA addendum was issued on May 27, 2020. Impacts are more
specifically addressed as follows:
a. Traffic and Parking. Traffic and parking impacts are fully mitigated. The City’s
public works department has reviewed the traffic impacts of the proposal and has
determined that the proposal will not decrease the level of service for impacted
arterials below adopted standards. The church improvements will generate 16 new
weekday peak hour trips. The city’s Traffic Division reviewed the concurrency
application and determined all intersections impacted by one or more weekday
evening peak hour trips would meet the city’s Level of Service standards with
programmed improvements. A Capacity Reserve Certificate was issued by the city’s
Traffic Engineer on August 2, 2019, and vested 16 Weekday PM hour trips to this
project. Proportionate share impacts to the City’s transportation network are
mitigated by required traffic impact fees, due at the time of building permit review.
A traffic impact analysis (TIA) limited to queuing and Turn Lane Warrant Analysis
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at the proposed access points to ensure safe and efficient traffic operation was
prepared by Heath & Associates, February 6, 2020. Based on the projected traffic, a
left-turn lane along SR 509 is required by the conditions of approval as
recommended by the Applicant’s traffic engineer and city staff.
Public works staff have reviewed the proposal and found it to be adequately
mitigated for traffic safety. The left turn lane proposed by the Applicant has been
found by public works staff to further this traffic safety objective.
No new driveway entrances are proposed for the development. Access to the subject
site is provided via three existing access/driveway entrances off SR 509 (South Dash
Point Road), two of which are located off-site serving Sacajawea Middle School. As
identified in the TIA, a left turn lane on SR 509 at the existing site driveway will be
constructed by the Applicant. With adopted conditions recommended by the
Applicant’s Traffic Engineer and city staff, access points have been determined by
city staff to be at the optimal location and configuration based on city staff review
considering applicable code requirements, and by South King Fire & Rescue
considering emergency access requirements.
The Applicant has provided a parking narrative that shows the minimum amount of
parking spaces required for the church use is 124 stalls, based on sanctuary seating
per FWRC 19.200.050. The provided total of 102 on-site parking stalls, plus 166
shared parking stalls for a total of 268 available spaces exceeds the FWRC minimum
parking stall count requirement.
b. Stormwater. The Applicant is required to meet the 2016 King County Surface Water
Design Manual (KCSWDM) as adopted and amended by the City. These
comprehensive and detailed regulations require stormwater design that results in no
increases of stormwater run-off and the preservation of water quality. Water quality
requirements will be met via water quality treatment facilities, including a sand filter
vault and a treatment train as further described above. Flow control is proposed via a
series of proposed injection wells. Final review of the storm drainage plan will occur
with building permit review and is required to meet all applicable FWRC
requirements. In addition, a condition of approval requires that the Applicant submit
Department of Ecology approval of the storm drain injection system prior to issuance
of a building permit.
c. Compatibility. The proposed expansion is found to be compatible with surrounding
uses. The proposed building is of a height comparable to the existing building that
adjoins it to the north, which is just a couple feet shorter. The new building is
separated from adjoining property to the south by Type 1 landscaping that includes
numerous evergreen and deciduous trees as outlined in the Att. C landscape plans.
d. Landscaping. Some of the existing on-site landscaping doesn’t meet current
landscaping standards. Per FWRC 19.30.090, nonconforming development that is
required to be brought into conformance include: the western portion of the front
landscape area which does not meet Type III landscaping as trees are lacking in this
area; and possibly some of the landscape islands in the existing parking lot landscape
islands will need to be retrofitted to include Type IV landscaping. Review of the final
landscape plan will occur in conjunction with the building permit application.
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e. Noise. The City has noise standards in place designed to address the types of
noise generated by churches. See Chapter 7.10 FWRC. There is nothing in the
record to suggest that the proposal would create any unreasonable noises beyond
those contemplated by the City Council when it determined that churches are an
appropriate land use for the RS 9.6 district..
f. Water and Sewer. The City’s water/sewer purveyor, the Lakehaven Utility
District, has reviewed the proposal and found the water and sewer services to be
adequate.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner: Chapter 19.70 FWRC authorizes the hearing examiner to
hold hearings and issue final decisions on Process IV applications.
Substantive:
2. Zoning Designation: RS 9.6.
3. Review Criteria and Application. FWRC 19.70.150 governs the criteria for Process IV
approvals. Those criteria are quoted in italics below and applied to the application under
corresponding Conclusions of Law. All criteria have been satisfied for the reasons identified
below.
Process IV Criteria
FWRC 19.70.150(3)(a): [The project] is consistent with the comprehensive plan;
4. The criterion is met. The application is subject to the 2015 Federal Way
Comprehensive Plan (FWCP). The comprehensive plan is used by City staff, among other
documents, as a basis for implementing regulations such as zoning, critical areas requirements,
and the State Environmental Policy Act (SEPA). This Process IV request was reviewed and
determined by staff to be consistent with the goals and policies contained in the FWCP. Given
the staff review, that the proposal meets all zoning criteria, which are designed to implement the
FWCP, including authorized uses, and that the proposal will not adversely affect surrounding
uses or the Federal Way community, it is concluded that the proposal is consistent with the
FWCP.
FWRC 19.70.150(3)(b): [The project] is consistent with all applicable provisions of this title
and all other applicable laws;
5. The criterion is met. As noted at page 7 and Section XII of the staff report, staff have
verified that the project is consistent with all applicable development standards.
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FWRC 19.70.150(3)(c): [The project] is consistent with the public health, safety, and welfare;
6. The criterion is met. As noted in Finding of Fact No. 5, there are no significant adverse
impacts associated with the project. The proposal also provides for a community service. For
these reasons, the project is consistent with the public health, safety and welfare.
FWRC 19.70.150(3)(d): The streets and utilities in the area of the subject property are adequate
to serve the anticipated demand from the proposal;
7. The criterion is met. As determined in Finding of Fact No. 5, the proposal is served by
adequate traffic, water and sewer facilities.
FWRC 19.70.150(3)(e): The proposed access to the subject property is at the optimal location
and configuration for access;
8. The criterion is met. Proposed access is optimal as determined in Finding of Fact No. 5a.
FWRC 19.70.150(3)(f): Traffic safety impacts for all modes of transportation, both on and off site,
are adequately mitigated.
9. The criterion is met. Traffic safety impacts have been adequately mitigated as determined in
Finding of Fact No. 5a.
DECISION
The Process IV application meets all applicable review criteria for the reasons identified in the
Conclusions of Law and is approved subject to the following conditions:
1. The Applicant shall obtain engineering approval from the Public Works Department, and
commercial building permit approval from the Department of Community Development prior
to site construction.
2. Due to design requirements for injection wells that go beyond the scope of the KCSWDM,
the Applicant shall obtain Department of Ecology (DOE) review and approval prior to city
approval of the engineering plans.
3. Based on the projected traffic, a left-turn lane along SR 509 is warranted and recommended
by the Traffic Engineer. As such, the Applicant shall construct the left-turn lane at the
driveway prior to issuance of a Certificate of Occupancy as required by the Public Works
Director. The final design of the left-turn lane along SR 509 shall be coordinate and approved
by WSDOT and the city. All taper lengths shall be in accordance with the WSDOT Design
Manual.
4. Per FWRC 19.30.090, nonconforming development that is required to be brought into
conformance include: the western portion of the front landscape area which does not meet
Type III landscaping as trees are lacking in this area; and possibly some of the landscape
islands in the existing parking lot landscape islands will need to be retrofitted to include Type
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IV landscaping. Review of the final landscape plan will occur in conjunction with the
building permit application.
5. The Applicant must comply with conditions of approval of the Director’s May 31, 2020,
Design Decision for the project (Exhibit I).
Dated this 30th day of October 2020.
Hearing Examiner, City of Federal Way
RIGHT OF APPEAL
This decision may be appealed to superior court within 21 days of issuance as governed by the Land Use
Petition Act, Chapter 36.70C RCW.
CHANGE IN VALUATION
Notice is given pursuant to RCW 36.70B.130 that property owners who are affected by this decision may
request a change in valuation for property tax purposes notwithstanding any program of revaluation.
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