Res 96-230
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RESOLUTION NO. 96-230
A~oLmroNOFTIŒCITYCO~C~OFTIŒCITY
OF FEDERAL WAY, W ASHJNGTON, APPROVING PHASE
I OF THE MASTER PLAN FOR ST. LUKE'S LUTHERAN
CHURCH; (FEDERAL WAY FILE NO. UPR 95-0009,
FEDERAL WAY HEARING EXAMINER NO. 96-04).
WHEREAS, St. Luke's Lutheran Church ("Applicant") has a possessory
ownership interest in property located at 515 South 312th Street, Federal Way, Washington
("Property"); and
WHEREAS, the Applicant is proposing a two phased Master Plan to develop the
Property, and Phase I consists of partial building demolition, construction of a new sanctuary,
redevelopment of existing classroom and office spaces, and parking lot reconfiguration, including
requests for variances to structural setback requirements, parking lot setbacks, building facade
design standards and sign standards ("Application"); and
WHEREAS, the Property is presently zoned Residential Single Family ("RS-7.2"),
and under RS-7.2 zoning, churches are permitted uses pursuant to Federal Way City Code
("FWCC") section 22-635; and
WHEREAS, the St. Luke's Lutheran Church site is 5.2 acres in size and Note 2
of FWCC section 22-635 states that churches in excess of five (5) acres require Master Plan
approval subject to Process lIT review; and
Res.#~ZO, Page 1
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WHEREAS, a determination of non-significance ("DNS") for this application was
issued by the City of Federal Way's Responsible Official on November 7, 1995, pursuant to the
FWCC and the State Environmental Policy Act ("SEPA") and the DNS 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 March 19, 1996; and
WHEREAS, pursuant to FWCC Section 22-198, the Federal Way Land Use
Hearing Examiner also heard Use Process II variance requests to the standards of FWCC section
22-635 during the public hearing on March 19, 1996; and
WHEREAS, at the conclusion of said hearing, the Federal Way Land Use Hearing
Examiner issued Findings, Conclusions and Recommendations for the Master Plan approval on
March 25, 1996; and
WHEREAS, at the conclusion of said hearing, the Federal Way Land Use Hearing
Examiner recommended approval of the variance requests for the required yard setbacks,
building facade design standards, and parking lot setbacks and denial of the variance request for
the existing signage on March 25, 1996; and
WHEREAS, the City Council of the City of Federal Way is the governmental
body having jurisdiction and authority to pass upon approval, denial and modification of the
Master Plan Application and upon the variance requests when combined with a Process III
application, pursuant to the FWCC; and
Res.#~, Page 2
WHEREAS, FWCC Sections 22-443(c) and 22-490(d) contain decisional criteria
for the Federal Way City Council's consideration of Process II and Process III applications,
respectively, providing that the application be consistent with the Comprehensive Plan; be
consistent with all applicable provisions of the FWCC, including those adopted by reference
from the Comprehensive Plan; and be consistent with the public health, safety and welfare; and
WHEREAS, this matter having been considered by the Federal Way City Council
Land Use/Transportation Committee at its meeting on April I, 1996, 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. Hearing Examiner's Recommendation. The Findings of Fact and
Conclusions of Law contained in the Recommendation of the Federal Way Land Use Hearing
Examiner issued March 25, 1996, following a public hearing held on March 19, 1996, a copy
of which is attached hereto as Exhibit" A " and incorporated by this reference
("Recommendation"), which included a recommendation to approve three of the four variance
requests and to approve the Application for Master Plan, are hereby adopted as the Findings
of Fact and Conclusions of Law of the Federal Way City Council.
Res.# ~~, Page 3
Section 2. Process II and ill Decisional Criteria. Pursuant to FWCC Sections
22-443(c) and 22-490(d), and based upon 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 provisions of the FWCC including those
adopted by reference from the Comprehensive Plan, and the Application is consistent with the
public health, safety, and welfare.
Section 3. Variance Auulication Auuroval. Based upon the Recommendation,
the City Council hereby approves the variance requests for the required yard setbacks, building
facade design standards, and parking lot setbacks for Phase I of the St. Luke's Lutheran Church,
Federal Way File No. UPR 95-0009, Federal Way Hearing Examiner No.96-04. The variance
request for the existing signage is denied.
Section 4. Master Plan Application Approval. Based upon the Recommendation,
the City Council hereby approves the Application for Master Plan approval for Phase I of the
St. Luke's Lutheran Church, Federal Way File No. UPR 95-0009, Federal Way Hearing
Examiner No.96-04.
Section 5. Conditions of Auuroval Integral. 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 back to the City of Federal Way Land Use Hearing Examiner to review the impacts
Res.~ZQ , Page 4
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 6. 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 7. Ratification. Any act consistent with the authority and prior to the
effective date of the resolution is hereby ratified and affirmed.
Section 8. 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 /7 {.( day of A-~ ,1996.
~
CITY OF FEDERAL WAY
~~ ~
- ?f:pJ / --ý
AYOR,MAHLONS.P~T
AITEST:
~ ,(ì~j, ~.~
CI Y CLERK, N. CHRISTINE GREEN, CMC
Res.#~~, Page 5
APPROVED AS TO FORM:
~"-r"')~
Y Af RNEY, LONDI K. LINDELL
FILED WITII THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
April 09, 1996
April 16, 1996
96-230
J(,Irooo\ot1ukc.plD(96-124)
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EXHIBIT "A"
RECOMMENDATION
CITY OF-F~DERAL WAY
OFFICE OF THE HEARING EXAMIHKR
IN THE MATTER OF:
ST. LUKE'S LUTHERAN CHURCH
FWHE# 96-04
UPR95-0009, SEP9S-0011
SPR95-0011
PROCESS III
L SUMMARY OF APPLICATION
Gabbert Browleit Peterson Architects, P.g. requests Process III approval of their master
plan and variance requests. The applicant proposes to demolish a residential building and a
portion of a sanctuary building in preparation for a two phased redevelopment project The
application deals only with Phase I, which includes construction of a new sanctuary, with
classrooms, renovation of the existing sanctuary building and original building for additional
office and classroom space and a decrease in the number of parking lot stalls from 154 to 145.
In addition, the applicant requests variances to structural setbacks requirements, parking lot
setbacks, building facade design standards and sign standards of FWCC section 22-635.
U. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
March 19, 1996
March 25, 1996
At the hearing the following presented testimony and evidence:
1.
Deb Barker, Associate Planner, City of Federal Way
2.
Stephen Hammer, Browleit Peterson Architects, P.g.
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
I. Staff Report with all attachments.
2. Photograph board.
lli. FINDINGS
1.
The Hearing Examiner has heard testimony, viewed the premises and surrounding area,
admitted documentary evidence into the record, and taken this matter under advisement.
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ST. LUKE'S LUTHERAN CHURCH
March 25, 1996
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2.
The Community Development Department staff report sets forth general findings, and
applicable policies and provisions in this matter, is hereby marked as Exlúblt 1, and
incorporated in tlús report by reference as though set forth in full herein.
3.
All appropriate notices were delivered in accordance with the requirements of the Federal
Way City Code.
4.
St. Luke's Lutheran Church is located on a 5.2 acre parcel of property at 515 South 3 12th
Street within the City of Federal Way. Phase I of the church master plan is the focus of
this application request. Under Phase I, the applicant desires to perform the following
actions: demolish a 2,390 square foot residential building and a 2,590 square foot portion
of an existing sanctuary building; construct a 12,850 square foot new sanctuary building
with classrooms and related spaces connecting to the existing sanctuary building; renovate
the 8,235 square foot existing sanctuary building and 4,495 square foot original building
for additional office and classroom space; decrease the parking lot ftom 154 to 145 stalls;
install perimeter landscaping; install a new sign; and relocate the daycare to the gym.
5.
The Federal Way Zoning Map shows that St Luke's Lutheran Church and surrounding
area are located in an RS-7.2, residential single family zoning district. Pursuant to
Federal Way City Code (FWCC) section 22-635, Churches, Synagogues or other Places
of Religious Worship, churches are permitted uses in the RS zoning district subject to Use
Process III approval if over 5 acres in size. St. Luke's Lutheran Church is 5.2 acres in
size, therefore Use Process III is required.
6.
During Phase I, the applicant proposes to expand the floor area which will require the
following nonconforming site elements to be brought into conformance with Article IV,
Nonconformance: FWCC section 22-334, Nonconforming parking; FWCC 22-345,
Nonconforming signs; FWCC section 22-226, Nonconforming buffers, and FWCC section
22-337, Any other nonconformance; unless variances are approved. Four nonconforming
elements were identified: required yard setbacks not met, required parking lot setbacks not
met, building facade design requirements not met, sign requirements not met. The
applicant requests variances for these four nonconformances. All four decisional criteria
of section 22-198 FWCC must be met in order for the variance requests to be approved.
7.
. Reauired Yard Setbacks: FWCC section 22-635 requires a yard setback of 30 feet. The
existing church sanctuary and offices on the north side of the site intrude into this setback
approximately 18 feet. Findings on each of the four variance criteria of FWCC section
22-198 are hereby made as follows:
A.
The existing sanctuary was approved by King County in 1963 with 25 foot
setbacks from 312th Street. The setback was reduced in 1986 when the church
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ST. LUKE'S LUTHERAN CHURCH
March'25, 1996
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B.
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dedicated 12 feet of land to King County for the purpose of widening South 3 12th
Street. The yard setbacks do not confonn to the city code as a result of the
dedication and street widening. A variance to the required yard setback
requirement would not be a grant of special privilege inconsistent with the
limitations upon uses for other properties in the vicinity in which the subject
property is located because other properties along South 312th Street also have
nonconforming yard setbacks due the street widening.
A variance to the required yard setback is necessary becauSe of special
circumstances that relate to existing building size, building location, and
surrounding streets. King County initially approved a yard setback which is five
feet less than the Federal Way standards for required yards of church uses. In
addition, the amount of available land for setbacks was further reduced when 8t.
Luke's dedicated 12 feet of property on the north side of the site to King County
for street widening purposes.
The existing structures are set back IS feet from the north property line. Such
reduced yard setback is not detrimental to the public welfare. The proposed
additions to the building will be set back 30 feet from the property line, thus
meeting the city code setback requirement. The proposed perimeter landscaping
will not be affected by the reduced building sethacks. In addition, there will be
a great deal of expense for the applicant and a loss of usable square footage if
portions of the church that do not meet current code standards are required to be
removed.
D.
The special circumstances of the subject property are not the result of the actions
of the owner of the subject property. The existing church sanctuary and office
buildings were approved with 25 foot setbacks. The church later dedicated 12 feet
of land to King County for road widening purposes. King County's required yard
setbacks are less than the required yard setbacks of the City of Federal Way.
!,Wauired Parkin!/: Lot Setbacks: FWCC section 22-635, note 6 states that parking may be
located within the required side and rear yards, but not closer than 15 feet to any property
line for church uses in residential zoning districts. Existing parking stalls on the west side
of the site intrude 3 feet into the setback. Six parking stalls on the north end of the site
intrude into the setback approximately 8 feet. Findings on each of the four criteria of
FWCC section 22-198 are hereby made as follows:
A.
Granting a variance for the existing parking lot setback 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. The CUITent
parking lot setbacks for St. Luke' s Church were approved by King County in 1963.
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ST. LUKE'S LUTHERAN CHURCH
March 25, 1996
Page - 4
B.
C.
The setback on the north side of the site was affected by land dedication and road
widening of South 312th Street. The parking lot on the north side of the site is
presently set back 7 feet from the property line, while the parking stalls on the
west side of the site are set back 12 feet. In order to comply with the required
parking lot setbacks, existing parking stalls that intrude into the setback would have
to be removed. This would be a hardship on the church and would be inconsistent
with privileges provided to uses of other church properties in the vicinity. To
mitigate the impacts of the parking lot intrusion, additional landscaping within the
required yard setback area is proposed on the west side and the width of the
existing curb cut onto South 3 12th Street will be reduced.
A variance is necessary due to special circumstances relating to the location of
existing parking stalls and the surrounding right of way. City parking lot setbacks
are greater than setbacks approved by King County in 1963. The parking lot
setback on the north side of the site was later reduced by land dedication and
subsequent road widening on South 312th Street. Granting the variance win afford
St. Luke's Church the same rights and privileges enjoyed by other properties in
the vicinity and zone in which the subject property is located.
The existing nonconforming parking lot setbacks will not be detrimental to the
public welfare or injurious to property or improvements in the vicinity and zone
in which the church is located. The parking lot is primarily used on Sunday
mornings when vehicular traffic on South 3 12th Street is reduced. To mitigate the
impacts of the setback intrusion, the existing curb cut on South 312th will be
narrowed. Parking is at a premium at St. Lukc's Church. Elimination of parking
stalls would create a hardship since church related activities require II substantial
nwnber of parking spaces.
D.
The special circumstances of the subject property are not the result of the owner's
actions. The existing parking lot setbacks were approved in 1963 by King County.
whose required parking lot setbacks are less than the required setbacks of Federal
Way. The parking lot setback on the north side of the site was reduced by land
dedication and road widening of South 3 12th Street.
Buildine Facade Desi2l1 Reauirements: The existing gym is not in compliance with FWCC
section 22.635 note 5, which states that if any portion of a structure is within loa feet of
a low density zone, then the height of that structure shall not exceed IS feet above average
building elevation or the facade of that portion of the structure parallel to the low density
zone shall not exceed so feet in length. The gym is 43 feet from a property linc which
abuts a low density zone. The gym building exceeds the IS foot height requirement and
the west side of the building is 120 feet in length. Findings on each of the four criteria
, of FWCC section 22-198 are hereby made as follows:
9.
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ST. LUKE'S LUTHERAN CHURCH
March25,1996
Page - 5
A.
B.
C.
10.
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A 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. St. Luke's gym was constructed in 1972 in accordance
with a pennit issued. by King County. The Federal Way Mission Chl1ICh building.
which faces the gym and was approved by King County. contains similar facade
characteristics which do not meet the current code standards.
A variance is necessary because of special circumstances relating to size and
location of the building on the property to provide it with use rights and privileges
allowed to other properties in the zone and vicinity. The existing gym is located
43 feet fiom the Federal Way Mission Church property which contains a chl1ICh
building with a large wall which is nonconforming under current city code, Both
buildings were approved by King County and, the facade requirements were
changed after the buildings were constructed. It is not possible to relocate the
property line of either property to remedy the nonconfonning setback and
associated facade design conditions without impacting the adjoining property.
Granting the variance will not be detrimental to the public welfare or injurious to
the property or improvements in the vicinity and zone in wmch the subject
property is located. The gym was built in conformance with county code standards
of height, setbacks, and facade modulation. The variance will not be detrimental
to the adjoining property since the Federal Way Mission Church is not a residential
use and contains a building with similar nonconforming facade characteristics. In
addition, the gym is hardly visible from South 312th Street as it is located in the
middle of the site. It will be a financial hardship for the applicant to eliminate
building walls that are not in compliance with the FWCC.
D.
The special circumstances of the St. Luke's Chl1ICh property are not the result of
the BCÛons of the' church's owner. The building was constructed in 1972 and
designed to meet the standards of King County in effect at that time.
~ Signage standards for Churches, Synagogues or other places of worship in
residential single family zoning districts are established In FWCC Article XVIII - Signs.
The Federal Way City Council revised the sign code by Ordinance #95-235. Such
revision occurred after this variance application was filed. Therefore, this application is
vested under the previous sign code.
A.
FWCC section 22.635 requires sign category B (identified in FWCC section 22-
1607(2)) for this church use, which permits wall mounted, marquee and pedestal
signs. The maximum number of category B signs is one sign for each street
providing direct vehicular access to which the sign is facing pursuant to FWCC
section 22-1608(2). St. Luke's Church contains three signs which front South
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ST. LUKE'S LUTHERAN CHURCH
March 25, 1996
Page - 6
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3l2th Street. All three are nonconforming for the following reasons:
1. Sil!Il #1: Silln at freestandinl! screen wall FWCC section 1618, plate 2, sets forth
the standards that apply to pedestal signs, which requires that they not exceed
five feet in height. Sign #1 is located on a 20'-7" freestanding screen, and is
set back from the property line approximately 15 feet. The screen exceeds the
5 foot maximum sign height by nine inchcs. The maximum permitted sign area
for category B signs is 32 feet per sign face. The sign area of Sign #1 is 23
square feet, and does not exceed the allowable sign area.
2) Silln #2: Silm at sanctuary near comer This sIgn is located on the right-of-way
in front of the existing sanctuary and is not on the church property. It exceeds
the maximum sign height of 5 feet by 3 inches and exceeds the maximum sign
area by 18.6 feet.
3) Si2l1 #3: Davcare silln Tlùs sign is located 5 feet onto the public right-of-way
and is not on the church property. The applicant has agreed to remove this sign.
B.
The application for the Master Plan includes a proposal for a fourth sign facing
6th Avenue. Such sign will be placed atop a 7 inch tall brick base and will have
a. maximum height of 4 feet. The proposed sisn area is 8.5 square feet. The base
must be raised one inch to meet the pedestal sign standards of FWCC section 22-
618.
C.
The applicant ,requests a variance for the three existing nonconforming signs.
Findings on each of the four criteria of FWCC section 22-198 are h=by made
as follows:
1) The variance will constitute a grant of special privilege inconsistent with the
limitations upon uses of other properties in the vicinity. The number, size and
location of the existing signs is not a privilege shared by other Federal Way
churches or businesses.
2) No special circumstances exist that make it necessary to grant a variance to
these nonconforming signs. Setbacks are available so that signs #2 and #3 do
not intrude into the public right-of-way. Sign #1 could be mounted to the wall
behind the screen to which it is now affixed. Such would increase its visibility
and bring it into conformance.
3) Granting the variance for ,Sign #2 and #3 could be injurious to the public
welfare since sight distance from the intersection of South 312th and 6th A venue
South is compromised for vehicular traffic. Both signs arc within the public
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ST. LUKE'S LUTHERAN CHURCH
March 25, 1996
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right.of-way.
4) The special circumstances of the subject property are a result of the actions of
the owner of the subject property, including the number of the signs, their
location on and off the property, and the nonconforming height and sign area.
The applicant bas not provided evidence that King County pennitted the
installation of the signs within the public right~of.way.
FWCC section 22-443(c) contains the three decisional criteria usêd by the Hearing
Examiner during Process II review. Findings on each criteria regarding the variance
requests for required yard setbacks, parking lot setbacks and building facade design
requirements are hereby made as follows:
II.
A.
B.
12.
Varianee requests for the above three nonconforming uses are consistent with the
Comprehensive Plan. This application is vested under the City of Federal Way
Interim 1990 Comprehensive Plan. The comprehensive plan designation for the
site is Suburban Residential.
The applicant is required to comply with all applicable provisions of the FWCC
including those adopted by reference fÌ'om the comprehensive plan. The applicant
is required to comply with provisions of the Federal Way Environmental Policy
Act, Federal Way City Code, and other applicable development codes and
regulations. The City's Department of Community Development Committee
reviewed the variance request for signs in regards to these codes and regulations.
The variance requests are consistent with all applicable provisions of the Code and
other applicable development codes and regulations.
c.
Granting the variance requests will not impact the public health, safety or welfare.
The existing sanctuary and supporting buildings will be consistent with all
applicable city, state, and local public health and safety regulations.
Findings on each of the three criteria set forth in FWCC section 22-443( c) for the variance
request regarding the existing signs are hereby made as follows:
A.
The variance request to retain the nonconforming signs does not meet policy H-23
of the 1990 Comprehensive Plan. Such polley allows supporting services and
facilities in residential zones such as schools, daycares, and churches, provided the
scale and uses are compatible with adjacent neighborhoods. The quantity of signs
and their location arc not compatible with the adjacent neighborhood.
Additionally, the location of two of the signs within the public right-of-way is
prohibited and creates unsafe driving conditions.
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ST. LUKE'S LUTHERAN CHURCH
March 25, 1996
Page - 8
13.
B.
The applicant is required to comply with all applicable provisions of the FWCC
including those adopted by reference from the comprehensive plan. The applicant
is required to comply with provisions of the Federal Way Environmental Policy
Act, Federal Way City Code and other applicable development codes and
regulations. The City's Department of Community Development Committee
reviewed the variance request for signs in regards to these codes and regulations.
The sign variance request does not comply with applicable codes and regulations
because of nonconforming sign quantity, height, and location.
C.
The variance request for the nonconforming, signs is not consistent with the public
health, safety, and welfare. The placement of the signs within the public right-of-
way creates unsafe driving conditions and a visual distraction is created by the
quantity of signs that front 3 12th Street. In addition, the nonconforming signs do
not meet the applicable city and local public safety regulations.
Master PllU\: Churches are permitted in an RS zone pursuant to FWCC section 22.635.
If the subject property is more than 5 acres, Note 2 of section 22.635 requires the
applicant to submit a master plan which must be approved through Process III. St. Luke's
Lutheran Church consists of 5.2 acres. Therefore, approval of a master plan through
Process UI is required for the sanctuary and office expansion, parking lot
configuration, and remodeling. FWCC section 22-490( d) sets out three decisional criteria
to be considered for master plan approval. Findings on each criteria are hereby made as
follows:
A.
B.
C.
The master plan is consistent with the policies and goals of the 1990 City of
Federal Way Comprehensive Plan.
The master plan complies with the Federal Way Comprehensive Plan, the code
standards of FWCC section 22-635 and other city regulations.
The master plan is consistent with the public health, safety and welfare except the
existing signage.
IV. CONCLUSIONS
From the foregoing findings the Hearing Examiner makes the following conclusions:
I.
The Hearing Examiner has jurisdiction to consider and decide the issues presented by this
request.
2.
The applicant has established that the master plan application satisfies the requirements
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ST. LUKE'S LUTHERAN CHURCH
March 25, 1996
Page - 9
of Section 22-635 and 22-490(d) FWCC.
~
3.
The applicant has established that the variance request to the required yard setbacks
satisfies the criteria set forth in Sections 22.635 and 22-198 FWCC.
4.
The applicant has established that the variance request to the required parking lot setbacks
satisfies the criteria set forth in Sections 22.635 and 22-198 FWCC.
5.
The applicant has established that the variance request to the required building facade
design standards satisfies the criteria set forth in Sections 22-635 and 22-198 FWCC.
6.
The applicant has II2t established that the variance request for the existing three signs
satisfies Sections 22-1608(2), 22-1618, 22-1605(a) and (b) FWCC.
7.
The applicant has established that the master plan request for Process II and III approval
satisfies the criteria set forth in Section 22-443(c) FWCC. Therefore, the master plan
application should be approved.
8.
, The applicant has established that the request for Process II approval satisfies the criteria
Set forth in Section 22-443(c) FWCC with respect to the yard setbacks, parking lot
setbacks, and building facade design setbacks. Therefore, the variance requests for the
same should be approved,
9.
The applicant has not established that the request for Process II approval satisfies the
criteria set forth in Section 22-443(c) with respect to the existing signage. Therefore, the
variance request for the existing signs should be denied. As an option, the applicant may
choose to comply with the revised sign code that went into effect after the variance
application was received. Under this option, the signs will be brought into compliance
if the following occurs:
A.
Remove sign #1 from the screen and place it on the wall that is directly behind
the screen.
B.
Move sign #2 from the public right-of-way and reduce its height by 3 inches.
C.
Remove sign #3 from the public right-of-way, which was agreed to by the
applicant
D.
Other agreement is reached following discussions with the Community
Development Department
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ST. LUKE'S LUTHERAN CHURCH
March 22, 1996
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RECOMMENDATION:
It is hereby recommended to the Federal Way City Council that the variance requests for
the required yard setbacks, building facade design setbacks, parking lot setbacks be
granted, and that the variance request for the existing signage be denied. It is further
recommended that the master plan be approved.
DATED THIS ~AY OF March, 1996.
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RIGHTS TO RECONSIYERATION AND CHALLENGE
THE BELOW STATED RIGHTS TO RECONSIDERATION AND APPEAL AND DESIGNED
TO
PROVIDE
NOTICE OF
TIME: LIMITS
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
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Federal Way City Code. Proof o~ 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 m~de 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.
CHALLENGI!:
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)
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calendar
days
after
the
iss1;l.ance
of
the
Hearing
Examiner's
recommendation or, if a request for reconsideration is filed, then
within fourteen (14) 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 fse.
The
person
challenging
the
recommendation
shall
within
said
fourteen (14) 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 ertate 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 22-469 of the
Federal Way City Code.
Proof of such distribution by mail or
personal delivery shall be made by affidavit attached to the
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response delivered to the Depa~~ment 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.
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