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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 REst 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 REst 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 REst 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. s£f{~ 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.