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Res 95-203 ( RESOLUTION NO. 95-203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE APPLICATION BY ST. VINCENT DE PAUL PARISH FOR A 20,279 SQUARE FOOT CHURCH, 2,891 SQUARE FOOT NURSERY, RELATED PARKING, LANDSCAPING AND DRAINAGE IMPROVEMENTS, FOR THE VARIANCE TO EXCEED THE MAXIMUM BUILDING HEIGHT FOR DEFERRAL OF THE LANDSCAPE REQUIREMENTS; (FEDERAL WAY FILE NO. UPR .93-0020 AND FEDERAL WAY HEARING EXAMINER NO. 95-4). WHEREAS, st. Vincent De Paul Parish ("Applicant"), has a possessory ownership interest in property totaling approximately 11.8 acres located at 3025 8th Avenue South, Federal Way, Washington ("Property"); and WHEREAS, the Applicant is requesting site plan approval to allow improvement of the Property by constructing a 20,279 square foot church building, a 2,891 square foot nursery and associated parking, landscaping and drainage improvements as well as a variance to exceed building height requirements ("Application"); and WHEREAS, the Property is presently zoned RS 7.2 ("Residential"); and WHEREAS, the Application includes a request to increase the building height from thirty feet (30') allowed in R~ 7.2 zones to fifty feet six inches (50'6"), which request requires approval pursuant to Federal Way city Code ("FWCC") section 22-198; and WHEREAS, all public notices having duly been given pursuant to FWCC Section 22-480 of the FWCC; and RES # 95-203 , PAGE 1 COpy ( ( WHEREAS, pursuant to Process III, FWCC section 22-482, the Federal Way Land Use Hearing Examiner held a public hearing on the application on March 7, 1995; and WHEREAS, at the conclusion of said hearing, the Federal Way Land Use Examiner issued its Findings, Conclusions and Recommendation with Conditions on April 2l, 1995; and WHEREAS, the City Council of the City of Federal Way is the governmental body having jurisdiction and authority to pass upon the approval, denial and modification of the Application, pursuant to the FWCC; and WHEREAS, FWCC section 490(d) contains the decisional cri teria for the Federal Way city Council's consideration of a Process III application; and WHEREAS, this matter having been considered by the Federal Way city Council Land Use/Transportation Committee at its meeting on May 15, 1995, for the purpose of issuing its recommendation for conditional approval of the Application to the full City Council; and WHEREAS, the City Council having considered the,written record and the Recommendation of the Hearing Examiner, pursuant to FWCC section 22-490 on this date; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: section 1. Hearina Examiner's Recommendation. The Findings of Fact and Conclusions of Law contained in the Recommendation of the Federal Way Land Use Hearing Examiner issued RES # 95-203 , PAGE 2 ( on April 21, 1995, following a public hearing held on March 7, 1995, a copy of which is attached hereto as Exhibit "A" and incorporated by this reference ("Recommendation"), which included a recommendation to approve the Application, subject to certain conditions contained in the Recommendation, are hereby adopted as the Findings of Fact and Conclusions of Law of the Federal Way City Council. section 2. Buildinq Heiqht. Pursuant to FWCC section 22-198 and pursuant to Finding No. 12 of the Recommendation, the Federal Way city Council concludes that the decisional criteria set forth in FWCC section 22-198 allowing an increase in the building height to fifty feet, six inches (50'6") have been satisfied in connection with the Application. section 3. Landscapinq. Pursuant to FWCC Section 22- 1570 and Findings Nos. 13, 14, 15 and 16 of the Recommendation, the Federal Way City Council concludes that deferral of the landscaping requirements pursuant to the terms contained in the Recommendation is consistent with the stated purposes of FWCC Chapter 22. section 4. Process III Decisional criteria. Pursuant to FWCC section 22-487 and Finding No. 17 of the Recommendation, the Federal Way City Council concludes that the decisional criteria have been satisfied as the Application is consistent with the Comprehensive Plan, is consistent with all applicable pråvisions of the FWCC including those adopted by reference from the Comprehensive Plan, and the Application is consistent with the public health, safety, and welfare. RES # 95-201 , PAGE 3 ( Section 5. Application Approval. Based upon the Federal Way City Council's Findings of Fact and Conclusions of Law, as adopted by the city Council pursuant to in section 1 herein, the Application for the st. vincent De Paul Parish Church Expansion, Federal Way File No. UPR 93-0020, Federal Way Hearing Examiner No. 95-4, is hereby approved subject to the conditions of approval set forth in the Recommendation. section 6. Conditions of Approval Intearal. The conditions of approval of the Application are all integral to each other with respect to the Federal Way City Council finding that the public use and interest will be served by the approval of the Application and modifications contained therein. Should any court having jurisdiction of the subject matter declare any of the conditions invalid then, in said event, the approved Application and modifications granted in this resolution shall be deemed void, and the Application shall be remanded to the City of Federal Way Land Use Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to insure that the Application makes appropriate provisions for the public health, safety and general welfare and applicable city ordinances, rules and regulations and forward such recommendation to the city Council for further action. section 7. Severability. If any section,' sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or RES # 95-203 , PAGE 4 constitutionality of any other section, sentence, clause or phrase of this resolution. section 8. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. section 9. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way city Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this lp-f11 day of ~¿ , 1995. CITY OF FEDERAL WAY MA~~ r:~XU , ATTEST: '2¿:~~~~'ê.C- APPROVED AS TO FORM: ~ /.~-~ /~~;;A;;~~~ -~ON~I- K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 95-203 Kay 30, 1995 June 6, 1995 K:\reso\StVincent OS-30-9S(svd) RES # 95-203 , PAGE 5 EXHIBIT "A" ( CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: ST. VINCENT De PAUL PARISH CHURCH EXPANSION FWHE# 95-4 UPR93-0020 I. SUMMARY OF APPLICATION The proposed Process III Master Site Plan is composed of two phases. Phase I consists of a 20,279square foot church, 2,891. square foot nursery, related parking, landscaping and drainage improvements. Phase II consists of a 6,570 square foot school. Only Phase I is proposed to be constructed with this application (Exhibit A). Two Process II variances are proposed. The first is '. to exceed building height requirements. The second is to waive property line landscaping requirements. Process III approval is required because the site is larger than five acres. II. PROCEDURAL INFORMATION Hearing Date: March 7, 1995 Decision Date: April 2l, 1995 At the hearing the following presented testimony and evidence: 1. Bill Kingman, Associate Planner, City of Federal Way 2. Ron Garrow, Senior Development Engineer, City of Federal Way 3. Don Brubeck, Architect, The Bumgardner Architects, 1.01. Stewart St. #200, Seattle, WA 98101 4. Rev. Thomas L. Vandenberg, Pastor, St. Vincent De Paul Parish, 30525 8th Ave. S., "'Fe-deral Way, WA 98003 At the hearing the following exhibits were admitted as part of the offic~a~ record of these proceedings: 1.. Staff Report with all attachments. The following exhibits were admitted subsequent to the hearing and made part of the official record: 2. Letter from Daphney A. Gahn to Ron Garrow dated March 9, 1. 2. 3. 4. 1995 3. Letter from Kathy McClung and Father Thomas L. vanderberg to Examiner dated March l5, 1995 4. Letter from Lynn Templeton to Bill Kingman dated March 16, 1995 5. Letter from Ronald Garrow to Daphney Gahn dated March 17, 1995 6. Letter from Rev. Thomas L. Vandenberg to Bill Kingman dated March 20, 1995 7. Letter from Donald T. Brubeck to Bill Kingman dated March 20, 1995 8. Memorandum to parties of record from Examiner dated March 2l, 1995 . 9. Letter from Gregory D. Moore to Examiner dated April 5, 1995 10. Letter from DonaldT. Brubeck to Examiner dated April 7, 1995 III. FINDINGS The Hearing Examiner has heard testimony, viewed the property and surrounding area, admitted documentary evidence into the record, and taken this matter under advisement. The Community Development Department staff report sets forth general findings, applicable policies and provisions in this matter, and is hereby marked as Exhibit 1 and incorporated in this report by reference as though set forth in full herein. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code. The applicant has a possessory ownership interest in an 11.8 acre parcel of property located at 30525 8th Ave. S. within the City of Federal Way. The site'îs bordered on'the west by 8th Ave. S. and on the north by S. 305th St. South 308th St. extending west from SR-99 dead ends into 8th Ave. S. at the s94theast corner of the site. South 308th St. extending from the west dead ends near the southwest corner of the parcel. Single family residential development borders the west, north, and east property lines while the south property line borders property owned and improved by the Federal Way branch of the Boys and Girls Clubs of King County. A trail connecting both ends of S. 308th St. extends from east to west near the south property line. 5. 6. 7. 8. The site is improved with the St. Vincent De Paul Parish which includes several existing buildings and associated parking. The applicant is requesting a Process III master site plan approval to improve the site in two phases. Phase I will consist of a 20,279 square foot church building, a 2, 89l square foot nursery, related parking, landscaping, and drainage improvements. Phase II will consist of a 6,570 square foot school and will be formally proposed at some time in the future. Only Phase I improvements are considered with the present application. In addition to the request for approval of the master site plan and Phase I, the applicant is requesting a variance to exceed building height requirements. The applicant withdrew a previous request for a variance to waive property line landscaping requirements. A review of the site plan reflects that the parking area is proposed for the southwest corner of the site and the northwestern portion of the site. The proposed church building is also located in the northwestern portion of the site with the nursery at approximately the center of the site. The existing school building and multi-purpose building are located on the east central portion of the site. The topography of the site consists of large flat areas separated by a narrow strip of 37% slopes. The slopes extend across the site from north to south and separate the existing improvements from the large grassy playfield in the south portion of the site. The soils consist of arents, alderwood material on the east portion of the site, and Alderwood, gravelly, sandy loam on the west portion. Run-off hazard is slow and erosion hazard is slight for both soil types. A geotechnical engineering study prepared by Earth Consultants, Inc., establishes that the proposed improvements can be constructed as designed provided the geotechnical recommendations are implemented. Barghausen Consulting Engineers prepared a Level I downstream analysis to determine storm drainage requirements and the potential for storm drainage impacts. The storm drainage plan will include parking lot catch basins, underground storage pipes, detention ponds, and a biofiltration swale. All drainage facilities will be designed to the standards set forth in the King County Surface Water Design Manual and will be sized to accommodate a two year and ten year seven day rain fall event. The storm drainage design requirements are set forth as a mitigating measure in the SEPA MDNS. S~~nds of mature evergreen trees are located along the west property line and near the center of the site. These trees will be preserved to the maximum extent possible. Replacement of significant trees pursuant to Section 22-1568 of the Federal Way City Code (FWCC) is not required. There are no sensitive bird, animal, or plant species on the site, and no environmental sensitive areas are on or within lOa feet of the site. 9. 10. 11. 12. Primary access to the site is provided via 8th Ave. S. The Transpo Group, Inc., a qualified traffic engineering firm prepared a traffic impact analysis dated September 20, 1993. The analysis was reviewed and approved by City staff and no significant transportation impacts were identified. The applicant is proposing 91l sanctuary seats, and Section 22-635 FWCC requires one parking stall per five seats. The FWCC requires 182 parking stalls and the applicant is providing 227. Adequate on-site parking is available for all Phase I improvements. The 1990 City of Federal Way Comprehensive Plan designates the site and surrounding area as Suburban Residential. Policy H.23 of the comprehensive plan allows supporting services and facilities such as schools, daycares, and churches in residential zones provided that the scale is compatible with surrounding neighborhood. Because of the large size of the parcel, this project is in scale with adjacent neighborhoods and will provide the contemplated support for surrounding residents. Policy H.34 encourages the protection of natural vegetation and limits clearing and grading in residential developments. The approved landscape and grading plans will protect the natural vegetation to include the tree stands on along the west property lines and in the center of the site. Policy NE-6 encourages the prevention of erosion. The applicant is required to provide a temporary erosion sedimentation control plan with the building permit application. The master site plan is consistent with the Suburban Residential designation of the comprehensive plan. HEIGHT VARIANCE REQUEST The site is located within the Single Family Residential (RS- 7.2) zone classification of the FWCC. Section 22-635 FWCC establishes a maximum height limit of 30 feet above average building elevation. The applicant is proposing an elevation of SO feet six inches for the church building. Such exceeds the height limitations of the RS-7.2 classification by 20 feet six inches. The applicant is therefore requesting a height variance. To obtain a height variance the applicant must satisfy that the variance request satisfies the criteria set forth in Section 22 -l98 FWCC. Findings on each criterià set forth therein are hereby made as follows: ~'- The variance will not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone in which the subject property is located. There are five structures within a one half mile radius of the site that exceed the 30 foot height limitation. Furthermore, the height is dictated by the litergical design requirements for worship. The amount of seating is required by the parish c. size and is designed to provide a compact economical plan that allows people as close as possible to the alter and pulpit for full active participation. A higher Ceiling i~ n7eded for good acoustics for speech, congregational s~ng~ng, and musical instruments. The addition height is required to provide natural light from above for the central area of liturgies. Furthermore, churches are traditionally higher than most residential structures and are not considered inconsistent with surrounding uses. B. The variance is necessary because of special circumstances relating to the size, location, and surroundings of the subject property, and to provide it with use rights and privileges allowed to other properties in the same vicinity and zone. The FWCC allows churches within RS zoned property, and in order to have a structure of appropriate size for its congregation and liturgical needs, the height must exceed the 30 foot limit. Furthermore, a church is allowed on a lot size as small as 7,200 square feet in the RS-7. 2 zone. The applicant's parcel is ll.8 acres and the church building is setback 200 feet from the north property line and l30 feet from the west property line. It is well over lOO feet from all abutting property lines. Therefore, the taller church will have less impact on abutting properties than a church at the required height on a smaller parcel. ,Furthermore, the site was purchased and developed for religious purposes approximately 30 years ago which substantially predated the 30 foot height requirements. The granting of the variance will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the property is located. As previously stated church roofs and steeples rise above houses and other residential dwellings in virtually all communities in the United States. The church is more than lOa feet from the nearest property line and views from the closest property line to the west are screened by trees, landscaping, and fencing. Allowing expansion of the church will also allow continuation of the ministering to the spiritual needs of 1,600 Federal Way households. Design of the site is that of a monastic or collegiate ~ampus with courtyards, landscaping, open spaces, and low buildings around a higher church building. The campus is somewhat shielded from the surrounded neighborhood and is not used for a billboard or advertising medium to attract potential members. The church is also located on the lower area of the site and is below the grade of 8th Ave. S. The playfield to the south is 20 to 25 feet above the proposed church floor elevation. Lighting will be shielded to avoid any direct glare onto adjacent properties, and exterior lighting will not be mounted 13. 14. 15. 16. D. high on the church building. Windows facing residential neighbors to the west are well above eye level so there is no view from the church into neighbors houses or backyards and therefore no violation of privacy. The special circumstances of the parcel are not the resul t of the actions of the owner. The applicant obtained the property over 30 years ago with the intent to develop a campus style religious facility. The growth of Federal Way and King County required the expansion of the facilities and not the actions of the applicant. The 11.8 acre site provides greater design flexibility including substantial setbacks. Furthermore, the surrounding residential area was largely developed after the church was constructed. LANDSCAPE VARIANCE REOUEST With the. initial application and at the public hearing the applicant requested a variance to the landscape requirements for the south property lines as set forth in Sections 22-1566 and 22-l567 FWCC. Subsequent to the hearing the applicant'and the City of Federal Way agreed that the installation of the perimeter landscaping along the south property line which abuts the playfield and the south parking lot could be deferred until such time as S. 308th St. is constructed. This agreement was set forth in the March l5, 1995, letter from the applicant and Kathy McClung and is included in the record as exhibit "3". Deferral of the landscaping requirements as set forth in the agreement is based upon sound reasoning and logic. The applicant and the Federal Way Boys and Girls Club both use the church playfield. Both the church and the Boys and Girls Club need to have unrestricted vision onto the playfield for safety and security purposes. Furthermore, there is an .existing pedestrian trail traversing the south property line which connects residences west of the church to 8th Ave. S. The trail is a major walking thoroughfare between 1st Ave. and the Boys and Girls Club and the Federal Way High School and stadium. Before school, after school, and on days/evenings of stadium events the path is heavily travelled by students and adults. The applicant has no intention of closing or discouraging continued use of thë trail, and the installation of site obscuring landscaping will block views of the pedestrian path and create safety and security problems. Thé applicant has withdrawn the request for the landscaping variance subject to the implementation of the agreement by both parties. Proposed condition 16 in the staff report requires Process III consideration that the applicant dedicate a 30 foot wide strip of property along the south property line for the future ( right-of-way of S. 308th St. The dedication was required pursuant to Section 22-1474 FWCC. The applicant objected to the dedication, asserting in essence that it was not related in either nature or extent to the proposed development. Following review by the City Attorney, the City agreed to withdraw the requirement for street dedication along the southern boundary. The proposed master site plan is considered in accordance with the Process III procedures and criteria as set forth in Section 22-487 FWCC. The request for a variance to the height limitations of the RS-7.2 zone classification are considered in accordance wíth Process II criteria as set forth in Section 22-443 FWCC. The decisional criteria for both Process II and Process III are identical, and findings on both the variance and master site plan in accordance with said criteria are hereby made as follows: l7. A. B. C. Both the master site plan and variance request are consistent with the City of Federal Way Comprehensive Plan. The master site plan meets elements of the comprehensive plan relating to land use, circulation, natural environment, and implementation objectives to help guide orderly growth and development. The facility expansion, to include the increased height, is encouraged by" the Comprehensive Plan and specifically Policy H.23 which allows churches in residential zones. Both proposals are consistent with all applicable provisions of the Federal Way City Code including those adopted by reference from the Comprehensive Plan. The applicant must comply with the provisions of the Federal Way Environmental Policy Code, Methods To Mitigate Development Impacts Code, and all other applicable development codes and regulations. The Community Develóp~t Review Committee reviewed the proposal and finds that it complies with all pertinent regulations. Both the variance and master site plan are consistent with the public health, safety, and welfare. Development of the site as proposed, deferral of the landscape requirements along the south property line, and allowing the increased height of for the church building will not endanger the public health, safety, and welfare. IV. CONCLUSIONS From the foregoing findings following conclusions: the Hearing Examiner the makes 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The request for approval of a master site plan for Phase I 3. improvements to the St. Vincent De Paul Parish to include a 20,279 square foot church, 2,891 square foot nursery, related parking, landscaping, and drainage improvements satisfies the criteria for Process III consideration. The proposed height variance for the' church structure satisfies the criteria set forth in Section 22-198 of the Federal Way City Code and Process II criteria. RECOMMENDATION: It is hereby recommended that the Federal Way City Council approve Phase I improvements of the master site plan for the St. Vincent De Paul Parish to include a variance to the height requirements of 20 feet, six inches for the church building subject to the terms of the agreement dated March 15, 1995, (exhibit "3") as follows: 1. Defer installation of all perimeter landscaping along the St. Vincent De Paul Parish south property line abutting the play field, required by FWCC Sections 22-l566 (b), until the future South 308th Street is constructed. Location of said perimeter landscaping shall be based on the south property line after the City obtains right-of- way for the future 308th St. extension. All landscape costs shall be paid by St. Vincent De Paul Parish. 2. Install ten feet of Type II landscaping (open type) abutting the proposed south parking lot curb line with this application. Said landscaping shall be upgraded to Type I (sight obscuring) with three foot tall berm as required by FWCC Section 22-1567(e) at such time as South 308th Street is constructed. All landscape costs shall be paid by St. Vincent De Paul Parish. 3. Record an agreement with the King County Department of Records and Elections prior to issuance of the building permit related to this application. The agreement shall specify all landscape improvements agreed to by St. Vincent De Paul Parish and City of Federal Way. Recording cost shall be paid by St. Vincent De Paul. DATED THIS ). L[ f"1- DAY OF Ap~N' 1 5~ (j. ¿ /'/7 f?f1 ~~[ S EN K. CAUSSEAUX, JR. Hearing Examiner ( RIGHTS TO RECONSIDERATION AND CHALLENGE THE BELOW STATED RIGHTS TO RECONSIDERATION AND APPEAL AND DESIGNED TO PROVIDE NOTICE OF TIME LÍMITS AND A GENERAL OUTLINE OF PROCEDURES. THE SPECIFIC REQUIREMENTS FOR REQUEST FOR RECONSIDERATION ARE FOUND IN SECTION 22-488 OF THE FEDERAL WAY CITY CODE. THE SPECIFIC REQUIREMENTS FOR CHALLENGES TO THE HEARING EXAMINER'S RECOMMENDATION ARE FOUND IN SECTION 22-489 OF THE FEDERAL WAY CITY CODE. CLARIFICATION OF THE RIGHTS TO RECONSIDERATION AND CHALLENGE AND THE NAMES AND ADDRESSES OF PERSONS WHO HAVE A RIGHT TO CHALLENGE MAY BE OBTAINED FROM THE CITY CLERK OF THE CITY OF FEDERAL WAY. RECONSIDERATION Any person who has a right to challenge a recommendation of the Hearing Examiner under the Federal Way City Code may request the Hearing Examiner to reconsider any aspect of his or her recommendation by delivering a written request for reconsideration to the Department of Community Development within seven (7) calendar days after the date of issuance of the Hearing Examiner's recommendation. The person requesting the reconsideration shall specify in the request what aspect of the recommendation he or she wishes to have reconsidered and the reason for the request. The person requesting the reconsideration shall within seven (7) calendar days following issuance of the recommendation, mail or personally deliver a copy of the request for reconsideration along with a notice of the right to file a written response to the request to those persons who have a right to challenge under ( Federal Way City Code. Proof of such mailing or personal delivery shall be made by an affidavit attached to the request for reconsideration at the time of delivering the request to the Department of Community Development. The notice shall state that such response must be received by the Department of Community Development within seven (7) calendar days following the filing of the request with the department. Any person filing a response to a response to the reconsideration request must distribute that response by mail or personal delivery to those persons having a right to challenge under the Federal Way City Code. Proof of such distribution by mail or personal delivery shall be made by affidavit attached to the response delivered to the Department of Community Development. Within ten (10) working days after 'expiration of the reconsideration period, the Hearing Examiner shall notify the persons who have a right to challenge under the Federal Way Zoning Code, whether or not the recommendation will be reconsidered. The Hearing Examiner may reconsider the recommendation only if he or she concludes that there is sUbstantial merit in the request. The process of reconsideration will be in accordance with Section 22- 488 of the Federal Way City Code. CHALLENGE The recommendation of the Hearing Examiner may be challenged by any person who is to receive a copy of that recommendation. The challenge, in the form of a letter of challenge, must be delivered to the Department of Community Development within fourteen (14) ( calendar days after the issuance of the Hearing Examiner's . recommendation or, if a request for reconsideration is filed, then within fourteen (l4) calendar days of either the recommendation of the Hearing Examiner denying the request for reconsideration or the reconsidered recommendation. The letter of challenge must contain a clear reference to the matter being challenged and a statement of ,the specific factual findings and conclusions of the Hearing Examiner disputed by the person filing the challenge. The person filing the challenge shall include, with the letter of challenge, the fee established by the City. The challenge will not be accepted unless it is accompanied by the required fee. The person challenging the recommendation shall within said fourteen (l4) calendar day period mail or personally deliver a copy of the letter of challenge along with a notice of the right to file a written response to the challenge to those persons who have the right to file a challenge under Section 22-489 of the Federal Way City Code. The notice shall state that such response must be received by the Department of Community Development within five (5) working days following the filing of the written challenge with the department. Any person filing a response to the reconsideration request must distribute that response by mail or personal delivery to those persons having a right to challenge under Section 22-489 of the Federal Way Ci ty Code. Proof of such distribution by mail or personal delivery shall be made by affidavit attached to the (' ( response delivered to the Department of Community Development. The recommendation of the Hearing Examiner may be challenged whether or not there was a request to reconsider the Hearing Examiner's recommendation. Any challenge of the Hearing Examiner's recommendation will be heard by the Federal Way City Council. � FEDERAL WAY MEMORANDUM DATE: May 15, 1995 . TO: City Council Land Use & Transportation Committee Councilmember Skip Priest, Chair FROM: Gregory Moore, AICP, Director of Community Development Services CONTACT: Bill Kingman, AICP, Associate Planner RE: St. Vincent De Paul Church Expansion Process III Application Federal Way �le No. UPR93-0(120, Related �le Numbers: SEP93-0028 and SPR.93-0019 I. �iTMMARY OF APPLICATION The subject Process III Master Site Plan application is composed of two phases. Phase I consists of a 20,279 square foot church, 2,891 square foot nursery, related parking, landscaping and drainage improvements. Phase II consists of a 6,570 square foot school. Only Phase I is proposed to be constructed with this applica.tion. According to the Federal Way Zoning Map, the underlying zoning classification for the site is RS 7.2 (Residential). The Comprehensive Plan Map designation is Suburban Residential. Under the RS 7.2 zoning classification, a church allowed pursuant to Federal Way City Code (FWCC) Section 22-635 provided all applicable regulations aze met. Process III review is necessary because the site is larger than five acres. Two Process II variances aze proposed. The first is to exceed building height requirements. The second, to waive property line landscaping requirements, has been withdrawn. II. REASON FOR COUNCIL ACTION The Hearing Examiner may render only a recommendation in a Process III review. The final decision for all such requests rest with the City Council. Bringing this matter before the City Council Land Use Committee for review and recommendation prior to the full Council is consistent with how land use matters aze currently processed by the City. 11 IV. � HEARING EXAMINER'S RECOMMENDATION r� u Approve the Process III Master Plan application and Process II height variance applications with conditions. No recommendation was provided regarding the landscape variance because it was withdrawn as discussed on page five of the Hearing Examiner's recommendation. The Hearing Examiner's full recommendation is attached. Page eight list specific Master Plan and height variance recommendations. PROCEDURAL SiAVIMARY September 13, 1994 Mazch 7, 1995 Environmental determination issued. Hearing Examiner public hearing. March 25, 1995 Hearing Examiner recommendation issued. Pursuant to FWCC Section 22-487, the Hearing Examiner shall issue a written recommendation to the City Council (see attached). May 15, 1995 City Council Land Use/ Transportation Committee meeting. The Land Use/ Transportation Committee is to forward a recommendation to the full Council (see Section VI below). 7une 6, 1995 City Council meeting. Pursuant to FWCC Section (proposed) 22-490, the City Council sha11 consider the application at a scheduled meeting. No challenges to the Heazing Examiner's recommendation were filed with the City. V. DECISIONAL CRIT�RT,a1 City Council's review of the applica.tion is limited to the record of the hearing before the Hearing Examiner, the Examiner's written report, compliance with decisional set forth in FWCC Section 22-490, and other applicable ordinances and regulations of the Federal Way City Code. City Council may approve the application only if all three decisional criteria of FWCC Section 22-490(d), listed below, aze met. Specifically, the application must be consistent with: a. The Comprehensive Plan, 2 • • b. All applicable provisions of the Code, including those adopted by reference from the Comprehensive Plan, and, c. Public health, safety and welfare. Page seven of the Hearing Examiner's recommendation describe how the application is consistent with these criteria. � � � � � A draft resolution recommending approval of the application is being prepared for City Council review based on the Hearing Examiner recommendation. The City Council may, by action approved by a majority of the total membership, take one of the following actions after consideration of the record before the Hearing Examiner. a. Approve the application, b. Approve the application with minor modifications, c. Deny the application, d. Remand the matter back to the Hearing Examiner for further consideration, or, e. Schedule a public hearing before the City Council, in order to consider non-minor modifications to the application. The City Council shall not substantially modify the Hearing Examiner recommendation without first referring the matter back to the Hearing Examiner or conducting its own public hearing of the application. vP�zo.cci 3