Res 95-196
RESOLUTION NO.
95-196
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE APPLICATION BY THE CITY OF
FEDERAL WAY FOR CONVERSION OF THE VISITATION
RETREAT CENTER FROM A RELIGIOUS RETREAT CENTER
TO A CITY PARK AND GOVERNMENT FACILITY
(FEDERAL WAY FILE NO. SEP94-0005, FEDERAL WAY
HEARING EXAMINER NO. 95-2).
WHEREAS, The city of Federal Way ("Applicant"), has a
possessory ownership interest in property totaling approximately 12
acres located at 3200 SW Dash point Road, Federal Way, Washington
("Property"); and
WHEREAS,
the
Applicant
is
proposing
to
convert
an
existing building of 47,214 square feet and surrounding 12 acres of
grounds from the former use as a religious monastery and retreat
center, to a public park/government facility operated by the City
of Federal Way ("Application"); and
WHEREAS, the Property is presently zoned single Family
Residential ("RS-l5"), and the approval of a government facility
and a public park in an RS zone classification requires a Process
III review and approval pursuant to Federal Way City Code ("FWCC")
sections 22-645 and 22-646; and
WHEREAS, a mitigated determination of non-significance
("MDNS")
was issued by the City of Federal Way's Responsible
Official for this Application on October 25, 1994, pursuant to the
FWCC and the State Environmental Policy Act ("SEPA"); a modified
MDNS was issued on November 17, 1994 and a final modified MDNS was
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95-196
, PAGE 1
coPt
issued on November 30, 1994; and the final modified MDNS was not
appealed; and
WHEREAS,
all
public
notices
having
duly
been
given
pursuant to FWCC section 22-480; and
WHEREAS, pursuant to FWCC Section 22-482, the Federal Way
Land Use Hearing Examiner held a public hearing on the application
on January lO, 1995; and
WHEREAS, at the conclusion of said hearing, the Federal
Way
Land
Use
Examiner
issued
its
Findings,
Conclusions
and
Recommendation with Conditions on January 25, 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 22-490(d) contains the decisional
criteria 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 February 6,
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,
REst
95-196
, PAGE 2
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
section 1.
Findinas of Fact. Conclusions and Decision.
The Findings of Fact and Conclusions of Law contained in the
Recommendation of the Federal Way Land Use Hearing Examiner issued
on January 25,1995, following a public hearing held on January 10,
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 to change the use of
the Visitation Retreat Center
from a religious monastery and
retreat center to a public park and government facility,
all
subject to certain Process III and SEPA MDNS conditions as set
forth in the Recommendation, are hereby adopted as the Findings of
Fact and Conclusions of Law of the Federal Way City Council.
section 2.
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 section 1 herein,
the
Application for the visitation Retreat Center, Federal Way File No.
SEP94-0005,
Federal Way Hearing Examiner No.
95-2,
is hereby
approved subject to the Process III and SEPA MDNS conditions
contained in the Recommendation.
section
3.
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
RES # 95-196
, PAGE 3
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 4.
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
constitutionality of any other section, sentence, clause or phrase
of this resolution.
section 5.
Ratification.
Any act consistent with the
authority and prior to the effective date of the resolution is
hereby ratified and affirmed.
section 6.
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 ~ day of
Februarv
, 1995.
CITY OF FEDERAL WAY
>Y~ c:-<! ~
MAYOJt, ~ E. GATES
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95-196
, PAGE 4
ATTEST:
APPROVED AS TO FORM:
~I K~ L~L
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 95-196
February 14, 1995
February 21, 1995
K:\ResoWis;tatn.Prk
2/14/95
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95-196
, PAGE 5
EXHIBIT "A"
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF:
VISITATION RETREAT CENTER
PROCESS III
FWHE#: 95-2
SEP94-0005
I. SUMMARY OF APPLICATION
The proposal will convert the existing building and grounds from the former use as a
religious monastery, to a public park/government facility operated by the City of Federal Way
(see Exhibit C). The subject grounds complies 12 acres, the majority of which, has been
undisturbed or improved with pedestrian amenities. The existing building contains 47,214 square
feet of floor area. City of Federal Way zoning and land use permits required for the project
include site plan approval, Process III approval, and environmental review under the State
Environmental Policy Act (SEP A).
ß. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
January 10, 1995
January 25, 1995
At the hearing the following presented testimony and evidence:
1.
Lori Schill, Associate Planner, City of Federal Way
2.
1M Petrich, 30217 33rd Avenue SW, Federal Way, WA
3.
Jim Baker, Parks and Recreation Commission
4.
David Kaplan, Parks and Recreation Commission
5.
Cheri Harris-Smith, Parks and Recreation Commission
6.
Margaret Nelson, Parks and Recreation Commission
7.
Linda Ellingson, 31012 39th Place SW, Federal Way, WA
8.
Mike McKasy, 31002 39th Ave. SW, Federal Way, WA
.
COP"
VISITATION RETREAT CENTER
CITY OF FEDERAL WAY
PAGE 2
9.
Kevin Morris, 3626 SW Dashpoint Rd.
10.
Simon Josowith, 3136 SW 302nd PI., Federal Way, WA.98023
11.
Jim Hatfield, 31007 39th Place SW, Federal Way, WA 98023
12.
Londi Lindell, City Attorney
13.
Jennifer Schroder, Parks and Recreation Director
14.
Ron Garrow, Public Works Department
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
2.
3.
4.
6.
1.
Staff Report with all attachments.
Memo and report from Coalition dated 1-8-95
Pamela Livingston's report
Legal document between Sisters and Lakehaven Sewer District
5.
Letter from Cheri Harris-Smith
Submittal from Linda Ellingson
Subsequent to the hearing the following exhibit was submitted as part of the official record:
7.
Letter from Michael McKasy with attached decision of the Shoreline Hearings
Board
ID. FINDINGS
1.
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 I and
incorporated in this report by reference as though set forth in full herein.
2.
6.
VISITATION RETREAT CENTER
CITY OF FEDERAL WAY
PAGE 3
3.
All appropriate notices were delivered in accordance with the requirements of the Federal
Way Zoning Code.
4.
Pursuant to the State Environmental Policy Act (SEPA, RÇW 43.21C), the responsible
official of the City of Federal Way issued a Mitigated Environmental Determination of
Nonsignificance (MDNS) for the proposal on October 25, 1994 (Exhibit I). The
determination was based on review of the application and supporting documents, site
visits, review of the completed environmental checklist (Exhibits F, G) and supplemental
reports including the. "Environmental Analysis of the Visitation Retreat Shoreline on
Dumas Bay, Washington", by Beak Consultants, Inc. (Exhibit 1); "Traffic Impact Analysis
for Visitation Retreat Center", by Transportation Consulting, Inc. (Exhibit K); resulting
in the conclusion that the proposal would not result in probable significant adverse
impacts on the environment provided that the applicant complies with the SEP A
conditions. Affected agencies, tribes, and the public were given the opporturúty to
comment on or appeal the determination for 29 days. On the basis of significant new
information and comments submitted prior to the comment deadline (Exhibit M) a
modified MDNS was issued on November 17, 1994, requiring that beach access be
limited to previous levels until completion of baseline studies on heron. Following
issuance of the modified MDNS the SEP A official determined that further clarification
of shoreline conditions was required to preclude any major discrepancies between the
number of users as projected by the proposal (30 on a daily average) and the number of
users as recommended by the Beak report (30 per day total), as noted in a letter from
Linda Ellingson (Exhibit N). Clarification of the issue was obtained in a letter from Beak
Consultants dated December 13, 1994 (Exhibit 0), on which basis a final modified MDNS
was issued on November 30, 1994 (Exhibit P). No appeal of the final MDNS was
submitted to the City by the appeal deadline of December 14, 1994.
5.
The City of Federal Way (applicant) acquired the Visitation Retreat from the Catholic
Sisters of the Visitation. The retreat formally provided a quiet refuge to women of any
faith who sought consolation through peace and solitude. The applicant proposes to
convert the retreat into a public park and community recreation facility for recreational
activities, cultural and arts programs, and classes; and for rental to private organizations
or persons for such uses as meetings, conferences, retreats, weddings, and receptions. The
applicant also proposes to locate some city offices within the existing building.
The applicant is proposing to improve the site in two phases. Phase I will include the
addition of 18 parking stalls which will increase on site parking to a total of 60 stalls.
Associated striping, lighting, and landscaping will also be installed. The applicant will
retrofit the drainage facilities to meet current water quality standards and improve the
building and grounds to provide handicapped accessibility. Minor structural
improvements are proposed to the stairway to the beach. Phase II will add an additional
44 parking stalls for a final total of 104, and will provide drainage facilities for the new
VISITATION RETREAT CENTER
CITY OF FEDERAL WAY
PAGE 4
7.
8.
9.
parking area. Phase I improvements will occur immediately, while Phase II improvements
are planned for one to three years in the future.
The site contains 12.02. acres and is located at 3200 SW Dash Point Rd. The site is high
bank waterfront property, overlooks Dumas Bay, and is bordered on the northeast by
Lacota Creek. The site is developed with parking areas, paved pedestrian pathways, a
gazebo, fonnal gardens, hedges, and mature ornamental landscaping. The existing
building contains a lobby, auditorium, banquet, conference rooms, kitchen, offices, guest
rooms, and bathrooms, and contains a total of 47,218 square feet. The site is located
within the Single Family Residential (RS-15) zone classification. Bordering uses include
single family residential development to the east and west and the Lakehaven utility plant
across SR-509 to the south. Sanitary sewers are provided by the Lakehaven utility district
and public water by the City of Tacoma.
The majority of the site including the location of the building, parking, and improvements
are basically level with a gradual slope to the northeast to Lacota Creek. The slopes along
the shoreline are steep and are approximately 50 feet high. There is an existing sea wall
at the base of the bluff for protection against tidal action and waves. Some erosion of the
bluff has occurred from natural causes.
The developed portion of the site contains Indianola, loamy fine sand soils which have
rapid penneability, slow to medium run-off, and slight erosion hazards. These soils are
suitable for the development contemplated in both phases.
10.
The upper portion of the site along SR-509 is heavy vegetated and landscaped with
evergreen and deciduous trees. Many trees meet the zoning code definition of
"significant", and those trees which are removed for future parking lots are subject to City
ordinances requirements for mitigation and replacement.
II.
The City commissioned Beak Consultants, Inc., to prepare an environmental analysis of
the shoreline to include wildlife. The report establishes that the shoreline meets the
definition of "fish and wildlife habitat conservation area" in accordance with Section 18-
28 of the Federal Way City Code (FWCC). Identified species and their associated ratings,
as identified by the Beak report, are as follows:
Species
1. Eelgrass beds
2. Coho salmon
3. Great Blue Heron
Washington Fish and Wildlife Rating
Priority habitat
High concern
State monitored
VISITATION RETREAT CENTER
CITY OF FEDERAL WAY
PAGE 5
12.
13.
4.
Eagle
Threatened
The Beak report contains recommendations to control impacts to these species which, after
substantial comment by individuals and interested citizen groups, were incorporated into
MDNS mitigating measures. .
Substantial testimony at the hearing concerned the appropriateness of the MONS
mitigating measures especially the limitations of the beach by the public as well as uses
on the beach. Speakers from the City of Federal Way Parks and Recreation Commission
are concerned that the City is violating the spirit and intent of the shoreline regulations
which encourages increased public access to shorelines of the state. Furthennore, the
proposed MONS conditions deny use of the beach by watercraft; disallow shell removal;
require preregistration of persons desiring to walk to the beach; eliminate pets from the
beach; allow birds and animals to prohibit beach use; and unreasonably restrict the
number of people allowed on the beach at anyone time. The Commission speakers are
also concerned that the site was not purchased for use as city offices, but should be used
by the general public. Supporters of the MONS conditions include the Coalition for the
Protection of Dumas Bay Habitat, the Department of Fish and Wildlife, Citizens for a
Healthy Bay, the Audubon Society, and People for Puget Sound. These organizations
point out that the MONS conditions are appropriate as the original OT AK case study
recommended prohibiting any use of the tide lands. There is an existing public access to
Dumas Bay which is a nonflushing bay and subject to pollution concerns, and the Fish
and Wildlife Department feels that MONS conditions are not strict enough. Furthennore,
a survey of visitors to the site indicated a strong preference for passive use. The shoreline
is not conducive to unlimited public use as it contains a high bank with liability concerns;
a rugged beach surface; hazardous tidal conditions; and rapidly rising tides which can
block access to the site. Furthennore, there are five existing public accesses to salt water
in the vicinity of the site: 1. Saltwater State Park, 2. Redondo, 3. Dumas Bay King
County Park, 4. Dash Point State Park; and 5. Dash Point Pierce County Park. The
farthest access is eight miles by car from the site and nearest is one and one half miles
by car.
While the Examiner allowed significant testimony as to the appropriateness or
nonappropriateness of the MONS conditions, in accordance with Article II FWCC and
specifically Section 18-51, the Examiner only has jurisdiction over a SEPA threshold
detennination or the adequacy of a final environmental impact statement upon the filing
of an environmental appeal by an interested party. In the present case no environmental
appeal was filed of the threshold detennination (or MDNS conditions) and therefore the
detennination of the environmental official is final. The Examiner has no jurisdiction to
eliminate or modify said MONS conditions. However, the Examiner has considered said
comments as they relate to the criteria for Process III approval. It does appear, however,
that based upon the sensitive shoreline, sensitive flora and fauna, steep access to the
VISITATION RETREAT CENTER
CITY OF FEDERAL WAY
PAGE 6
14.
IS.
16.
17.
beach, previous use of the site, and the desire for passive uses, that the environmental
official's MDNS mitigating measures are well balanced and represent a good faith effort
to protect the shoreline while at the same time allowing reasonable access consistent with
past use.
As part of Phase I the applicant is proposing to retrofit the existing drainage facilities to
meet present water quality standards. Engineering review of the existing facilities will
detennine appropriate methods for stonn water management and specifically whether on-
site soils are suitable for infiltration. If not, stonn water could be piped and discharged
to Dumas Bay or Lacota Creek. Final stonn water design will be in accordance with
Article XIV FWCC (Environmentally Sensitive Areas) and the King County Surface
Design Manual.
Concerns were raised regarding withdrawl of the initial requirement of road improvements
to SR-509. This road is classified as a minor arterial by the City Arterial Street Plan. No
change in the driveway configuration is proposed. The City commissioned a traffic study
by Transportation Consulting Northwest, a qualified traffic engineering finn. The study
establishes that the traffic impacts of the proposed project are of a minor nature. New site
generated trips will only marginally degrade traffic operations near the site, and there is
no direct impact of the project that requires mitigation under provisions of the FWCC.
Using a worse case scenario of a large conference dismissing during the p.m. peak hour
traffic, the engineer estimates that 59 trips will be generated by the site or one vehicle per
minute. Such does not create a significant impact on Dash Point Road or surrounding
intersections. Therefore, no transportation improvements are required.
The site is located within the Single Family Residential (RS) zone classification of the
FWCC.. Public parks are authorized within said zone classification (Section 22-646) as
well as government facilities (Section 22-645). Concerns were raised by speakers from
the City of Federal Way Parks and Recreation Commission regarding overuse of the
facility for government offices. They suggested either a severe limitation or elimination
of government offices all together. Section 22-645 FWCC allows government facilities
within the RS classification only if the location of such offices is necessary to pennit
effective service to the area to be served. Section 22-645 will effectively limit the type
of government office and number of government offices which can be located on the site.
It is in the public interest to allow government offices on the site to supervise the use of
the site and to safeguard the landscaping and improvements.
Based upon the conditions contained in the MDNS, no concerns were raised by residents
of the area regarding the proposed change in land use from a retreat center to a passive
public park. A change in use analysis was prepared by the Department of Community
Development on October 15, 1994, and revised November 15, 1994, and November 30,
1994. The change in use analysis evaluated the environmental checklist and set forth
VISITATION RETREAT CENTER
CITY OF FEDERAL WAY
PAGE 7
18.
conclusions which were incorporated into the MDNS.
The approval of a government facility and a public park in an RS zone classification
requires Process III review (Section 22-645 and 646 FWCC). Section 22-490(d) FWCC
sets forth the decisional criteria which the Examiner must use in making a
recommendation to the City Council. Said criteria are as follows:
1.
It [the proposal] is consistent with the comprehensive plan;
2.
It is consistent with all applicable provisions of the chapter, including those
adopted by reference from the comprehensive plan;
3.
It is consistent with the public health, safety, and welfare.
Findings required on each criteria are hereby made as follows:
A.
According to the Federal Way Comprehensive Park Plan, the Federal Way
planning area is deficient in providing recreational and cultural arts opportunities
for community residents. TIris proposed 12 acre park will help eliminate this
deficiency and will also provide an excellent opportunity for environmental and
outdoor education. The city will ensure that the grounds remain as an open space
resource for the community, and in their present immaculate condition. The site
is within the low density residential land use designation of the 1990 Federal Way
Comprehensive Plan. Said designation is defined as "a residential environment
with substantial open space and larger lots, particular in moderately sensitive
natural areas". The Open Space Element of the Comprehensive Plan states that
. open spaces should be identified and preserved to maintain the natural beauty of
the community, and to provide views, protection of sensitive areas, recreation, and
other benefits. This site will maintain the existing open space, immaculate
landscaping, and dense perimeter buffer. A view platform at the top of the bluff
provides a panogramic view of Puget Sound, and MDNS conditions will ensure
protection of sensitive areas. The site satisfies Policy OS-3 by giving priority to
passive and aesthetic open space uses. The proposal preserves natural systems and
natural features and protects open space. Policy OS-II states as follows: "Reduce
impacts on unique and fragile open spaces by limiting public access". The
shoreline area is identified as a unique and fragile area and MDNS conditions limit
public access. Furthermore, a number of natural environment policies were
incorporated into the MDNS to include the establishment of a storm water
management program; the prevention of flooding; regulations based upon studies
by qualified professionals to protect sensitive areas; the limitation of public access
to habitat protection zones; and the mitigation of impacts to sensitive areas before
development is permitted. The proposal is consistent with the Federal Way
VISITATION RETREAT CENTER
CITY OF FEDERAL WAY
PAGE 8
Comprehensive Plan.
B.
The proposal is required to comply with applicable provision of the Federal Way
City Code; Article XIV The Environmentally Sensitive Areas; Article V Site Plan
Review; King County Surface Water Design Manual; the Uniform Building and
Fire Codes; and the adopted portions of the King County Shoreline Management
Program. Development of the site is consistent with all applicable provisions of
the Federal Way City Code including those adopted by reference from the
comprehensive plan.
C.
The project is consistent with the public health, safety, and welfare. Such is
assured by compliance with the FWCC, the comprehensive plan, SEP A mitigating
measures, and other applicable codes and regulations.
19.
Concerns were raised that the City could not provide public access to the beach. These
concerns were based on a judgment entered by the King County Superior Court in a
lawsuit involving Sisters of the Visitation, Inc., and the Lakehaven Sewer District. A
second basis was a decision of the Shoreline Hearings Board of the State of Washington
which involved the Lakehaven Sewer District, Sisters of the Visitation, Mr. and Mrs.
Petrich, and Mr. and Mrs. Imhof. A review of these documents by the City Attorney
revealed no legal impediment of public access to the beach. The judgment, which was
entered on February 2, 1982, was to correct a property description contained in a Deed
executed by the Sisters to Lakehaven Sewer District. This judgment restored the right of
the Sisters to access the beach in front of their property. The Shoreline Hearings Board
decision prohibited King County from requiring the Lakehaven Sewer District to provide
public access in the nature of a path to the beach along its sewer line outfall. Nothing in
either document affects the City's proposed use of the property.
IV. CONCLUSIONS
From the foregoing findings the Hearing Examiner makes the following conclusions:
2.
1.
The Hearing Examiner has jurisdiction to consider and decide the issues presented by this
request.
The proposal to convert the Visitation Retreat Center from its previous use as a religious
r~treat center and monastery to a city park and government facility satisfies the Process
III decisional criteria set forth in Section 22-490(d) of the Federal Way City Code. The
proposal is consistent with the comprehensive plan, with all applicable provisions of the
Federal Way City Code, including all of those provisions adopted by reference by the
comprehensive plan. The proposal is also consistent with the public health, safety, and
welfare.
VISITATION RETREAT CENTER
CITY OF FEDERAL WAY
PAGE 9
3.
It is hereby recommended to the Federal Way City Council that the City's request be
approved subject to the following conditions:
A.
B.
If stonnwater will be discharged off-site to any location other than a designated
"receiving water", per the King County Surface Water Design Manual
(KCSWDM), then surface water detention facilities shall be designed on site in
accordance with the KCSWDM as part of design review for the project, except
that a 7-day stonn event shall be used for analysis instead of the 24-hour stonn
event specified in the KCSWDM; subject to approval by the Public Works
Director.
Prior to project implementation, the applicant shall promote public awareness and
park stewardship by establishing on site infonnational signage sufficient to infonn
entering visitors of the site's UIÚqUe characteristics, i.e., sensitive geographic and
environmental features, rare plant and animal species associated with Dumas Bay;
historic use of the site as a physical and spiritual retreat; and to convey the parks
department policy that the site be enjoyed for passive recreation uses only,
consistent with historic use; and to instruct visitors to read and follow all park
rules as posted; subject to approval by the Director of Community Development
Services.
C.
Prior to project implementation, that applicant shall promote public awareness and
stewardship of the critical plant and animal species associated with Dumas Bay by
establishing interpretative signage, appropriately located, describing the Great Blue
Heron, Eagle, Coho Salmon, Eelgrass, potential presence of California Sea Lion;
and including infonnation such as nesting and feeding characteristics and
'vulnerability of the species to human intrusion; subject to approval by the Director
of CommUIÚty Development Services.
D.
Prior to project implementation, the applicant will promote protection of the
shoreline and the public safety, by posting regulations at the trailhead to the beach,
including the following elements at a minimum; subject to approval by the
Director of CommUIÚty Development Services:
I.
Prohibit use of beach during high tide conditions or after dusk (Warn of
fluctuating tides and dangers of accessing beach at or near high tide);
2.
Prohibit swimming, warn no lifeguard on duty;
3.
Prohibit walking beyond signs posted "private property/no trespassing" at
park boundaries, which signs shall be posted at park property boundaries.
VISITATION RETREAT CENTER
CITY OF FEDERAL WAY
PAGE 10
E.
4.
4.
Prohibit camping, picnics, fires;
5.
Prohibit music amplifiers or other noise producing objects;
6.
Prohibit pets, bicycles and motorized vehicles;
7.
Prohibit removal from the beach of any shells or live animals;
8.
Prohibit any disturbances of birds or animals that may be present on the
shoreline or adjacent tidelands;
9.
Require groups to pre-register with the parks department;
10.
Prohibit use of watercraft; snorkeling and scuba diving; except when such
activities are for educational or scientific purposes and are preapproved by
the parks department.
Prior to project implementation, the applicant, the applicant shall establish park
supervision and security measures sufficient to maintain site security, including the
following elements at a minimum; subject to approval by the Director of
Community Development Services:
1.
Implementation of a security plan coordinated with the Police Department;
2.
On-site availability at all times during open park hours, of Parks
Department staff or volunteers, trained to explain park rules or procedures
and respond to questions or concerns;
3.
Periodic monitoring of grounds by personnel who will be trained in
security and response measures in accordance with the security plan as
established;
Closure and locking of entrance gates and gate at trailhead to the beach at
appropriate times as established by the Parks Department.
The shoreline area shall be monitored for a period of not less than two (2) years
or more than five (5) years as required by the Director of Community
Development Services. The applicant shall pay for the services of a qualified
professional, selected and retained by the Department of Community Development
Services to conduct periodic inspections and issue written reports on the status of
the monitoring program. The scope of work will include establishing baseline data
on critical marine plant and animal species identified in the report titled
F.
VISITATION RETREAT CENTER
CITY OF FEDERAL WAY
PAGE 11
'Environmental Analysis of the Visitation Retreat Center Shoreline on Dumas Bay,
Washington' (prepared by Beak Consultants, Inc., dated October 4,.1994);
conducting periodic monitoring of those species to identify possible adverse
impacts that may be associated with public use; and developing any recommended
measures as necessary and appropriate to mitigate identified shoreline impacts, as
required by the Director of Community Development Services. Baseline studies
of great blue heron shall be conducted from February I, 1994 to July I, 1994,
approximately, on specific dates to be determined by the selected cOnsultant.
Baseline studies of eelgrass beds, eagle, and coho salmon shall be conducted prior
to July I, 1994, on specific dates to be determined by the selected consultant.
Until completion of the required baseline studies the parks department shall limit
access to the shoreline to no more than fifteen (15) persons per day; which
limitation shall be implemented by requiring all individuals and/or groups to pre-
register with the parks department and be accompanied to the shoreline by a parks
department designee. After completion of the baseline period the parks
department shall limit access to the shoreline to approximately thirty (30) persons
per day, which may be modified by the Director of Community Development
Services based on data obtained and colll3ultant recommendations issued during the
monitoring program.
G.
Pursuant to FWCC Section 17-78(c), mitigating measures incorporated in the
Mitigation Determination of NonsigIÚficance issued November 30, 1994 are
incorporated by reference as conditions of approval. Failure to comply with the
mitigation measures shall be grounds for suspension and/or revocation of this
approval.
H.
.The applicant is required to maintain the approved parking ratio of four persons
to one parking stall (4:1) in scheduling events, and is responsible to provide
alternate methods of transportation as necessary to ensure such requirement.
RECOMMENDATION:
It is hereby recommended to the Federal Way City Council that the request to change the
use of the Visitation Retreat Center from a religious monastery and retreat center to a public park
and government facility should be granted subject to the conditions contained in the conclusions
above.
VISITATION RETREAT CENTER
CITY OF FEDERAL WAY
PAGE 12
DATED THIS !), IR 1oAY OF January, 1995.
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Hearing Examiner
RIGHTS TO RECONSIDERATION AND CHALLENGE
Any person who has a right to challenge a recommendation under the
Federal Way Zoning 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 distribution of the request
and the response to the request shall be governed pursuant to the
provisions of the Federal Way Zoning Code. Within ten (10) working
days after receiving a request for reconsideration, 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 the
reconsideration will be followed in accordance with the Federal Way
Zoning Code. The recommendation of the Hearing Examiner may be
challenged by any person who is to receive a copy of that
recommendation. That 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 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.