STAFF REPORT TO HEARING EXAMINER
TO: City of Milton Hearing Examiner
FROM: Brittany Port, AICP – Contract Senior Planner
DATE: February 11, 2021 (Public Hearing Date – February 25-26, 2021)
PROJECT: Salvation Slavic Baptist Church
PROJECT NUMBER: LUA 2019-007 James Guerrero Architects, Inc. APPLICANTS/PROPERTY OWNERS: c/o James Guerrero 7520 Bridgeport Way West Lakewood, WA 98499 PROPOSAL: The project proposes to develop a 19.39-acre parcel with a 92,000sf church with 2,000-person sanctuary, 7,500sf gym, and a 30-classroom school. 546 parking stalls are proposed. An existing single-family residence on the property will be removed. The site includes two on-site Category IV wetlands and a Type F stream. The applicant will dedicate right-of-way to construct frontage improvements along the property’s frontage on 23rd Avenue and Taylor Street. Improvements on 23rd Avenue would include curb, gutter, sidewalk and also include on-street parking to mitigate for the loss of shoulder parking. Stormwater will be detained and treated in an on-site detention pond. 214 trees are located on the property. 47% of the trees will be removed to allow for the proposed development. 257 trees will be planted as replacement trees for the removal of significant trees. Two vehicular access to the site will be provided – one on Taylor Street and one on 23rd Avenue.
LOCATION: 1707 23rd Ave (Pierce County parcel no. 042004-3007)
PERMITS REQUESTED: Conditional Use Permit Approval , Site Plan Approval & SEPA
ZONING/COMPREHENSIVE PLAN Residential Single-Family (RS) DESIGNATION:
DATE APPLICATION DEEMED The application was received on April 10, 2019. The application was COMPLETE: deemed complete on April 17, 2019.
PUBLIC NOTICE: Pursuant to MMC 17.72, the City advertised the Notice of Application and Notice of Neighborhood Meeting on April 29, 2019. Notice was mailed to surrounding property owners within 500 feet of the project site, sent to SEPA agencies, published in The Tacoma News Tribune, and posted on a board on the site. The City published notification of the
STAFF REPORT TO HEARING EXAMINER February 11, 2021
public hearing on February 9, 2021, more than 15 days prior to the date and time of the hearing.
SEPA: The City of Milton conducted the environmental review of this proposal in accordance with its SEPA procedures and issued a Mitigated Determination of Non-Significance (MDNS) on October 26, 2020. Citizens for a Small-Town Milton filed an appeal of the SEPA Determination on November 5, 2020.
RECOMMENDATION: Staff recommends approval with conditions.
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Contents
I. EXHIBITS ...... 6 Application Materials ...... 6 Procedural and Review ...... 6 SEPA Environmental Review ...... 7 Community Comments ...... 8 II. PARTIES OF RECORD...... 10 III. EXISTING CONDITIONS ...... 13 A. CONTEXT ...... 13 B. SURROUNDING LAND USES ...... 13 IV. AUTHORITY OF THE HEARING EXAMINER ...... 16 V. STATE ENVIRONMENTAL POLICY ACT (SEPA) ...... 17 VI. APPEAL OF THE CITY’S MDNS ...... 20 A. Background ...... 20 B. SEPA Review Process ...... 21 1. Earth ...... 21 2. Air ...... 22 3. Water (Surface and Groundwater) ...... 23 4. Plants ...... 23 5. Animals ...... 24 6. Energy and Natural Resources ...... 24 7. Environmental Health ...... 25 8. Land and Shoreline Use ...... 26 9. Housing ...... 27 10. Aesthetics ...... 27 11. Light and Glare ...... 28 12. Recreation ...... 28 13. Historic and Cultural Preservation ...... 29 14. Transportation ...... 30 15. Public Services ...... 34 16. Utilities ...... 34 C. Appeal Claims ...... 35
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VII. CONSISTENCY WITH THE COMPREHENSIVE PLAN ...... 47 VIII. CONSISTENCY WITH ZONING REGULATIONS ...... 54 A. TITLE 17 - ZONING ...... 54 MMC 17.14.010 Table of uses...... 54 MMC 17.15B.010 Building bulk table...... 55 MMC 17.15C.010 Landscape regulations table...... 55 MMC 17.44.110 Landscape requirements...... 56 MMC 17.48.040 Off-street parking requirements...... 58 MMC 17.62.050 Site plan review and approval criteria...... 59 MMC 17.64.040 Conditional use permit review and approval criteria...... 61 B. TITLE 13 – PUBLIC SERVICES ...... 69 C. TITLE 18 – ENVIRONMENT ...... 70 MMC 18.16.320 Performance standards. (Wetlands) ...... 70 MMC 18.16.640 Performance standards. (Fish and Wildlife Habitat Conservation Areas) ...... 71 IX. PUBLIC COMMENTS ...... 73 A. NEIGHBORHOOD MEETING ...... 73 B. WRITTEN COMMENTS ...... 73 X. CONCLUSIONS AND FINDINGS ...... 75 XI. RECOMMENDATION ...... 76 XII. CONDITIONS ...... 77 A. CONDITIONS IMPOSED FROM THE MITIGATED DETERMINATION OF NON-SIGNIFICANCE ...... 77 TRAFFIC ...... 77 CRITICAL AREAS ...... 78 SHORELINES ...... 79 RECREATION ...... 79 NOISE ...... 79 LIGHTING ...... 79 OTHER ...... 79 B. RECOMMENDED CONDITIONS OF APPROVAL ...... 80
Figures
Figure 1: Aerial Photograph ...... 15 Figure 2: Site Plan ...... 16
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Figure 3: Department of Archaeology and Historic Preservation (DAHP) WISAARD Results ...... 30 Figure 4: Project Trip Generation, Applicant's Traffic Impact Analysis (Table 4, page 12) ...... 31 Figure 5: Forecast 2023 Peak Hour Level of Service, Applicant's Traffic Impact Analysis Addendum (Table 1, page 2) ...... 32 Figure 6: Comprehensive Plan Map LU-2: Future Land Use ...... 48 Figure 7: Comprehensive Plan Figure LU-1: Special Planning Areas ...... 49
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I. EXHIBITS
Application Materials
1. Master Application, received on April 10, 2019 2. Title Report, prepared by Fidelity National Title Company, received on April 11, 2019 3. Statutory Warranty Deed, received on April 10, 2019 4. Topographic Survey, prepared by Terrane, received on April 10, 2019 5. Legal Description, received on April 10, 2019 6. Certificate of Water Availability, received on April 5, 2019 7. Certificate of Power Availability, received on April 5, 2019 8. Site Specific Sewer Information, dated May 6, 2019 9. SEPA Checklist, prepared by James Guerrero Architects, revised June 2020, received on June 26, 2020 10. Site Plan, prepared by James Guerrero Architects, revised June 2020, received on June 26, 2020 11. Traffic Impact Analysis, prepared by Heath & Associates, revised April 2020, received on April 24, 2020 11.1. Traffic Impact Analysis – Addendum, prepared by Heath & Associates, received on February 3, 2021 12. Critical Areas Report, prepared by Habitat Technologies, revised June 23, 2020, received on June 26, 2020 13. Civil Engineering Plans, prepared by Furr Engineering, revised October 2020, received on October 21, 2020 14. Landscape Plan, prepared by James Guerrero Architects, revised June 2020, received on June 26, 2020 15. Landscape Plan for Detention Pond, prepared by James Guerrero Architects, revised June 2020, received on June 26, 2020 16. Enlarged Landscape Plans, prepared by James Guerrero Architects, revised June 2020, received on June 26, 2020 17. Lighting Plan, prepared by James Guerrero Architects, revised June 2020, received on June 26, 2020 18. Tree Inventory, dated September 4, 2019 19. Tree Removal Plan, prepared by James Guerrero Architects, revised June 2020, received on June 26, 2020 20. Wetland Mitigation Plan, prepared by James Guerrero Architects, revised June 2020, received on June 26, 2020 21. Building and Site Renderings, prepared by James Guerrero Architects, received on January 12, 2021 22. Preliminary Stormwater Report, prepared by AHBL, received on April 5, 2019 22.1. Preliminary Stormwater Report Review Letter, prepared by Furr Engineering, received on January 27, 2021 Procedural and Review
23. Notice of Complete Application, issued on April 17, 2019 24. Notice of Application and Neighborhood Meeting, issued on April 24, 2019
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25. Interagency Notice of Application, issued on May 3, 2019 26. Notice of 2nd Community Meeting, issued on December 18, 2019 27. Fire Marshal Review Letter on Site Plan, received on May 1, 2019 28. Fire Marshal Review Letter on Variance, received on May 3, 2019 29. Engineering Review Letter, prepared by Gray & Osborne, received on June 5, 2019 30. Traffic Impact Analysis Review Letter, prepared by TSI, Inc., received on June 7, 2019 31. 1st City Substantive Review, issued on June 27, 2019 32. Applicant Response to 1st Review Letter, prepared by James Guerrero Architects, dated September 4, 2019 33. 2nd City Substantive Review, issued on October 7, 2019 34. Traffic Impact Analysis Review Letter, prepared by Transpo Group, received on February 17, 2020 35. Citizen Stormwater Comment Letter Review, prepared by Gray & Osborne Consulting Engineers, received on March 3, 2020 36. Critical Areas Review Letter, prepared by Herrera Environmental, Inc., received on April 16, 2020 37. Traffic Impact Analysis Review Letter, prepared by Transpo Group, received on May 13, 2020 38. Department of Fish and Wildlife Review of Fish Presence in Surprise Lake Tributary, received on June 10, 2020 39. Land Use Peer Review Letter, prepared by BHC Consultants, received on August 3, 2020 40. Fire Marshal Review Letter, received on August 12, 2020 41. Applicant Response to Fire Marshal Review Letter, prepared by James Guerrero Architects, received on August 21, 2020 42. Traffic Impact Analysis Review Letter, prepared by Transpo Group, received on January 25, 2021 43. Notice of Public Hearing, issued on February 9, 2021 43.1. Notice of Appeal Hearing, issued on February 9, 2021 SEPA Environmental Review
44. Mitigated Determination of Non-Significance, issued by the City on October 26, 2020 45. Notice of Consultation, issued on October 26, 2020 46. Department of Health SEPA Comment Letter, received May 7, 2019 47. Department of Ecology SEPA Comment Letter, received May 16, 2019 48. Pierce Transit SEPA Comment Letter, received on May 16, 2019 49. City of Edgewood SEPA Comment Letter, received on May 17, 2019 50. Tacoma-Pierce County Health Department SEPA Comment Letter, received May 20, 2020 51. Hendershot SEPA Comment Letter, received October 29, 2020 52. Holcombe SEPA Comment Letter, received October 29, 2020 Page 7 of 81 Salvation Slavic Baptist Church | 2019-007
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53. Hendershot SEPA Comment Letter and Change.org Petition, received November 2, 2020 54. J Klontz SEPA Comment Letter, received November 3, 2020 55. K Klontz SEPA Comment Letter, received November 3, 2020 56. L Shampine SEPA Comment Letter, received November 3, 2020 57. A Linden SEPA Comment Letter, received November 3, 2020 58. S Shampine SEPA Comment Letter, received November 3, 2020 59. Hedahl SEPA Comment Letter, received November 4, 2020 60. Hickam SEPA Comment Letter, received November 7, 2020 61. Berg SEPA Comment Letter, received November 8, 2020 62. Simons SEPA Comment Letter, received November 8, 2020 63. Mazzoni SEPA Comment Letter, received November 9, 2020 64. Phillips SEPA Comment Letter, received November 9, 2020 65. Adams SEPA Comment Letter, received November 9, 2020 66. Department of Ecology SEPA Comment Letter, received November 9, 2020 67. Gallagher SEPA Comment Letter, received November 9, 2020 68. Poore SEPA Comment Letter, received November 16, 2020 69. A Linden SEPA Comment Letter, received November 16, 2020 70. Administrative Appeal Application, Citizens for a Small-Town Milton, received November 5, 2020 71. Administrative Appeal Attachment, Citizens for a Small-Town Milton, received November 5, 2020 71.1. Clarification on William G. Morse Homestead – Appeal Attachment Claim 2.11 Community Comments
72. 1st Community Meeting Sign In Sheet, May 29, 2019 73. 2nd Community Meeting Sign In Sheet, January 8, 2020 74. Clark Citizen Comment Letter, received April 27, 2019 75. Holcombe Citizen Comment Letter, received April 28, 2019 76. Ronan Citizen Comment Letter, received April 29, 2019 77. Shampine Citizen Comment Letter, received May 1, 2019 78. Phillips Citizen Comment Letter, received May 7, 2019 79. Brown Citizen Comment Letter, received May 8, 2019 80. Wilhelm Citizen Comment Letter, received May 14, 2019 81. Hendershot Citizen Comment Letter, received May 22, 2019
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82. Miller Citizen Comment Letter, received May 23, 2019 83. Anderson Citizen Comment Letter, received May 23, 2019 84. Adams Citizen Comment Letter, received May 24, 2019 85. Ringus Citizen Comment Letter, received May 24, 2019 86. Simons Citizen Comment Letter, received May 24, 2019 87. Frantz Citizen Comment Letter, received May 28, 2019 88. Simons Citizen Comment Letter, received May 28, 2019 89. Cedar Citizen Comment Letter, received May 29, 2019 90. Klontz Citizen Comment Letter, received May 29, 2019 91. Phillips Citizen Comment Letter, received June 14, 2019 92. Phillips Citizen Comment Letter, received October 2, 2019 93. McNally Citizen Comment Letter, received December 2, 2019 94. Clark Citizen Comment Letter, received December 12, 2019 95. Frantz Citizen Comment Letter, received January 1, 2020 96. Hendershot Citizen Comment Letter, received January 3, 2020 97. Phillips Citizen Comment Letter, received January 3, 2020 98. Adams Citizen Comment Letter, received January 8, 2020 99. Gallagher Citizen Comment Letter, received June 4, 2020 100. Styron Citizen Comment Letter, received October 30, 2020 101. Phillips Citizen Comment Letter, received December 7, 2020 102. Hollis Citizen Comment Letter, received December 8, 2020 103. P Linden Citizen Comment Letter, received December 10, 2020 104. Ost Citizen Comment Letter, received January 5, 2021 105. DeWitt Citizen Comment Letter, received January 9, 2021 106. Gardner Citizen Comment Letter, received January 9, 2021 107. Chase Citizen Comment Letter, received January 10, 2021 108. Keith Citizen Comment Letter, received January 10, 2021 109. Swanson Citizen Comment Letter, received January 10, 2021 110. Capilli Citizen Comment Letter, received January 11, 2021 111. Wegner Citizen Comment Letter, received January 11, 2021 112. Cosner Citizen Comment Letter, received January 12, 2021
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113. Haworth Citizen Comment Letter, received January 12, 2021 114. Dawn Olson Citizen Comment Letter, received January 27, 2021 115. Doug Olson Citizen Comment Letter, received January 27, 2021 116. Gibson Citizen Comment Letter, received January 28, 2021
II. PARTIES OF RECORD
1. Diane & Dan Anderson 10. Linda Shampine 1710 94th Avenue East 1104 Emerald Street Edgewood, WA Milton, WA 98354 [email protected] 11. Stephanie Reid-Simons 2. Dan Miller 1506 23rd Ave [email protected] Milton, WA 98354 3. Kristi S. Frantz 12. Cheryl L. Reid-Simons 1907 24th Ave Ct 1506 23rd Ave Milton, WA 98354 Milton, WA 98354 [email protected] [email protected] 4. Gary & Dianne Wilhelm 13. William Clark 1604 23rd Avenue [email protected] Milton, WA 14. Mike Wharton [email protected] 1204 23rd Ave 5. Amy J. Hendershot Milton, WA 98354 1804 23rd Avenue [email protected] Milton, WA 98354 15. Daniel Hull [email protected] 1414 23rd Ave 6. Matt Brown Milton, WA 98354 [email protected] [email protected] 7. Christine Phillips 16. Ken & Jackie Klontz 1906 19th Avenue Court 1606 23rd Ave Milton, WA Milton, WA 98354 [email protected] [email protected] 8. Kevin G. Ringus 17. Kelby Breg 1802 19th Ave Ct 1913 92nd Ave E Milton, WA 98354 Edgewood, WA 98371 [email protected] [email protected] 9. Joann Ronan 18. Mark Freeman 1518 122nd Ave E 2008 Taylor St Edgewood, WA Milton, WA 98354 [email protected]
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19. Kim Irvin 29. Jim & Joanne McNally 10428 County Line Rd 1409 23rd Ave Edgewood, WA 98372 Milton, WA 98354 [email protected] [email protected] 20. Dawn and Doug Olson 30. Tina Hollis 1204 23rd Ave Unit B2 9422 Taylor St E Milton, WA 98354 Edgewood, WA [email protected] [email protected] [email protected] 31. Teresa & Don Hickam [email protected] 1708 95th Ave Ct E 21. Jeanette Harding Edgewood, WA 1310 23rd Ave [email protected] Milton, WA 98354 32. Kevin Loyd [email protected] 2002 Taylor St 22. Sebena Corwin Milton, WA 98354 203 Milton Way [email protected] Milton, WA 98354 33. Bill & Betty Jeanne Sprague [email protected] 1204 23rd Ave Unit B3 23. Jill McNally Milton, WA 98354 802 Vine St [email protected] Milton, WA 98354 34. Jamie Haworth [email protected] 1905 19th Ave Ct 24. Valarie & Chris Johnson Milton, WA 98354 1800 19th Ave Ct [email protected] Milton, WA 98354 35. Mike & Stephanie Kamenzind [email protected] 1901 11th Ave 25. Alex Hoerling Milton, WA 98354 1310 23rd Ave [email protected] Milton, WA 98354 36. Kim & Karen Adams [email protected] 9412 Taylor St E 26. Shannon McDermott Edgewood, WA 1903 18th Ave [email protected] Milton, WA 98354 37. Carol Dears [email protected] 1404 23rd Ave 27. Vitaly Shemchuk Milton, WA 98354 1900 24th Ave Ct [email protected] Milton, WA 98354 38. Mara Weisser [email protected] 2066 Taylor St 28. Larry See Milton, WA 98354 9510 Taylor St E [email protected] Edgewood, WA
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39. Brian & Kim Hatfield 50. Alfred Linden 1804 94th Ave E 1804 23rd Ave Edgewood, WA 98371 Milton, WA 98354 [email protected] [email protected] 40. Deborah Holcombe 51. Tricia Hedahl 211 23rd Ave [email protected] Milton, WA 98354 52. Kelby Berg [email protected] [email protected] 41. Jeanette Breshears 53. Jaimie Mazzoni 11920 30th St E [email protected] Edgewood, WA 98372 [email protected] 54. Julie Gallagher 1807 17th Ave 42. Bonnie & John Poore Milton, WA 98354 1410 23rd Ave [email protected] Milton, WA 98354 [email protected] 55. Kristi Ceder 1101 Emerald Street 43. Heather Popp Milton, WA 98354 1406 Milton Way Milton, WA 98354 56. Jake Ost [email protected] 1911 19th Ave Ct Milton, WA 98348 44. Cathy Popp [email protected] 1406 Milton Way Milton, WA 98354 57. Jessica DeWitt [email protected] [email protected] 45. Dan & Annette Clingman 58. Aaron Gardner 2062 Taylor St [email protected] Milton, WA 98354 59. Stefanie Chase [email protected] 1111 Taylor St 46. Phil Linden Milton, WA 98354 1804 23rd Ave [email protected] Milton, WA 98354 60. Stewart Keith [email protected] [email protected] 47. Doug Collins 61. Angel Swanson rd 1704 23 Ave [email protected] Milton, WA 98354 [email protected] 62. Judith Capili [email protected] 48. Ashley Fuchs [email protected] 63. Ms. Weger [email protected] 49. Nate and Carley Styron [email protected] 64. Richard Cosner [email protected]
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65. Ted Gibson Milton, WA 98354 1204 23rd Ave, Unit B5 [email protected]
III. EXISTING CONDITIONS
A. CONTEXT The site is approximately 19.39 acres and is currently occupied by one single-family residence and associated appurtenances. The remainder of the site is comprised of managed pasture, shrubs and trees. A Type F stream (Surprise Lake Tributary) runs through the southeast portion of the property, serves as an outfall for Surprise Lake, and provides seasonal habitat to salmonid and other species. Two on-site wetlands are also present, one in the northeast corner of the site and the second located in the southeastern portion of the site, the majority of which overlap the buffer of Surprise Lake Tributary. Both wetlands have been identified to be Category IV wetlands in accordance with the Washington Department of Ecology Wetland Rating System.
The Comprehensive Plan and Zoning designations for the site are Residential Single-Family (RS). The RS district allows for single-family residences in keeping with the predominant development pattern, but also provides for uses other than single-family residences that support low-density residential development. Other uses permitted subject to the granting of a conditional use permit include churches, public parks, schools (elementary and secondary), public swimming pools, some utility uses such as electric transmission substations, commercial child day care, and mobile home parks. Conditional uses are defined in MMC 17.08.180 as:
“Conditional use” means a use permitted in one or more zones as defined by this code but which, because of characteristics peculiar to each such use, or because of size, technological processes or equipment, or because of the location with reference to surroundings, streets, and existing improvements or demands upon public facilities requires a special degree of control to make such use consistent with and compatible to other existing or permissible uses in the same zone or zones. (Ord. 1912 § 1, 2017; Ord. 1405 § 2, 1999).
The applicant has applied for a conditional use permit to develop the 19.39-acre site with a three-story structure totaling 92,000sf and containing a religious sanctuary with seating for up to 2,000 members, as well as a private K-12 school containing 30 classrooms/rooms and a 7,500sf gymnasium. Parking is provided on-site for up to 546 vehicles.
B. SURROUNDING LAND USES The site is generally surrounded by single-family residences with one exception in that the site shares its northwestern property corner with the Fife School District’s complex (zoned Community Facilities) which contains three schools including Discovery Primary School (serving grades K-1), Endeavour Intermediate School (serving grades 2-5) and Surprise Lake Middle School (serving grades 6-7). In total, the Surprise Lake Middle School site occupies approximately 32 acres with over 183,000sf of building Page 13 of 81 Salvation Slavic Baptist Church | 2019-007
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area and has capacity to serve over 1,000 students.1 Approximately 14,336sf of portables also occupy the site, as well as three ballfield/playfields, and a track and field.
DIRECTION FROM ZONING/COMPREHENSIVE PLAN EXISTING LAND USE SITE DESIGNATION NORTH RS/Residential Single-Family Existing single-family residences, a planned 13-lot subdivision has also been approved for Parcel No. 0420043010 SOUTH SF-3/Single-Family Single-family residences Moderate (City of Edgewood Zoning) EAST RS/Residential Single-Family Single-family residences, Townhomes, Surprise Lake WEST RS/Residential Single-Family Single-family residences, Kingdom Hall Jehovah’s Witness Church
1 Fife School District Capital Facilities Plan 2019-2025, Adopted July 29, 2019
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Figure 1: Aerial Photograph
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Figure 2: Site Plan
IV. AUTHORITY OF THE HEARING EXAMINER
Regarding Site Plan Approval (MMC 17.62):
17.62.040 Permit decision and appeal processes.
[…]
B. The hearing examiner shall decide on applications for major site plan review. The review shall be in accordance with Process Type IV of Chapter 17.71 MMC (Permit Decision and Appeal Processes). (Ord. 1741 § 32, 2009).
Regarding Conditional Use Permit Approval (MMC 17.64):
17.64.030 Permit decision and appeal processes.
The hearing examiner shall decide on applications for conditional use permits. The review shall be in accordance with Process Type IV (Chapter 17.71 MMC, Permit Decision and Appeal Processes). (Ord. 1741 § 33, 2009).
Regarding Appeals of a SEPA Threshold Determination:
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SEPA Threshold Determinations are Process Type III (pursuant to the table contained in MMC 17.71.040) in which the Community Development Director/SEPA Official is the decision-maker, with administrative appeals of this determination heard by the Hearing Examiner.
17.71.050 Specific – Process types.
C. Process Type III. Process Type III applications are for administrative decisions, with proper public notice, and administrative appeal as well as judicial appeal.
[…]
8. Administrative Appeal. a. Process Type III decisions are subject to administrative appeal as governed by MMC 17.71.150. Administrative appeals filed on Process Type III decisions are heard by the hearing examiner in an open record hearing as governed by MMC 17.71.130. [Emphasis added].
V. STATE ENVIRONMENTAL POLICY ACT (SEPA)
The City issued a SEPA Mitigated Determination of Non-Significance on October 26, 2020. The MDNS contained 24 mitigation measures which are also included as recommended conditions of approval in Section XII of this staff report.
The following is a summary of the comments that were received during two comment periods on the application:
• The optional DNS comment period (pursuant to WAC 197-11-355) held from May 3, 2019 to May 17, 2019 (see Exhibit 25); and
• The comment period on the MDNS (pursuant to WAC 197-11-340(2)) held from October 26, 2020 to November 9, 2020.
Deborah Johnson with the Washington Department of Health (DOH) – Email received May 7, 2019 (Exhibit 46) The Department of Health commented during the Optional DNS process that the proposed site is located within a wellhead protection zone and that the SEPA checklist did not identify the property as being with an aquifer recharge area.
STAFF RESPONSE: In response to this comment letter, a condition has been imposed in the MDNS that a hydrogeologic report be completed in accordance with the Milton Municipal Code.
The Department of Ecology – Emails received May 16, 2019 (Exhibit 47) and November 9, 2020 (Exhibit 66) The Department of Ecology commented during both the Optional DNS process and the comment period on the MDNS. Their comments spanned four topics:
• Shoreland and Environmental Assistance – as the original proposal indicated that future fill of wetlands may be considered, the Department of Ecology commented in their May 16, 2019 letter that placement of fill in Page 17 of 81 Salvation Slavic Baptist Church | 2019-007
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wetlands requires a permit from the U.S. Army Corps of Engineers. Since the original submittal, the proposed development plan has been revised to avoid impacts to on-site wetlands.
• Hazardous Waste and Toxics Reduction/Solid Waste Management – demolition of existing structures requires asbestos abatement. The applicant must additionally ensure that any potentially dangerous or hazardous materials present are removed and appropriately managed prior to demolition.
• Water Quality/Watershed Resources Unit – erosion control measures are required prior to any clearing, grading or construction to prevent stormwater runoff from carrying soil or silt into surface water or storm drains. A construction general permit is required for clearing, grading or excavation that results in the disturbance of more than 1 acre.
• Toxics Cleanup – if contamination is discovered during the proposed construction, testing of the contaminated media must be performed and the Department of Ecology must be notified.
STAFF RESPONSE: In response to this comment letter, a condition has been imposed in the MDNS that a temporary erosion and sediment control plan be submitted with the SWPPP prior to clearing and grading permit issuance. The City’s municipal code requires conformance with the 2012 Department of Ecology Stormwater Management Manual which requires these measures be in place to avoid impacts to water quality. As the site will result in land disturbance of more than 1 acre, a Construction General Permit will be required by the Department of Ecology.
Tina Vaslet from Pierce Transit – Email received on May 16, 2019 (Exhibit 48) Pierce Transit commented during the SEPA Optional DNS process that they do not serve the immediate area of this project and do not have any comments on the proposal.
Jeremy Metzler with the City of Edgewood – Email received on May 17, 2019 (Exhibit 49) The City of Edgewood commented during the SEPA Optional DNS process requesting a copy of the Traffic Impact Analysis for review. Upon review, the City of Edgewood informed the City that they do not have any comments on the proposed development.
Kelly Racke from Tacoma-Pierce County Health Department – Email received May 20, 2019 (Exhibit 50) Tacoma-Pierce County Health Department commented during the SEPA Optional Notice of Application that they do not have any comments on the proposal.
Comments from Members of the Public (Exhibits 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 67, 68 and 69) During the comment period on the MDNS various members of the public submitted comments on the City’s issuance of a Mitigated Determination of Non-Significance for the proposed development. Many of the comments overlap, and as such are summarized as follows but full copies of the comment letters are provided in the exhibit to this staff report:
• Traffic – Nearly every comment letter submitted references impacts to traffic – citing adverse impacts to the adjacent transportation network such as increased traffic flows, congestion, safety hazards for both vehicles and pedestrians.
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STAFF RESPONSE: Not a single comment letter provided any documentation, traffic studies, counts, or evidence that traffic generated by this specific use would cause adverse impacts that have not been mitigated by the design of the project or the mitigation measures contained in the MDNS. A traffic impact analysis was submitted in accordance with MMC 17.75 (Exhibit 11) which was reviewed by the City’s consulting traffic engineers Transportation Solutions, Inc. (Exhibit 30) and Transpo Group (Exhibits 34 and 37). None of the consulting traffic engineers who reviewed the project found adverse impacts to traffic that could not be mitigated through careful design of the project, or the enforcement of mitigation measures. As a result, the MDNS contains 7 mitigation measures related to traffic which address potential traffic impacts.
• Water Quality and Critical Areas – Many of the comment letters reference adverse impacts to water quality and critical areas, but none provide documentation or evidence to support the claims that adverse impacts to Surprise Lake or the on-site critical areas would occur as a result of the proposed development.
STAFF RESPONSE: A critical areas report was submitted by the applicant (Exhibit 12) and reviewed by the City’s consulting critical areas consultant (Exhibit 36). Stormwater best management practices are required to be employed in accordance with the Department of Ecology’s Stormwater Management Manual for Western Washington. The MDNS contains seven mitigation measures related to critical areas which are largely incorporated from the recommendations contained within the critical areas report. An additional three mitigation measures require the applicant to comply with Chapter 13.26 of the Milton Municipal Code and incorporate erosion control measures while the site is under construction.
• Noise – Many of the comment letters contend that noise will be generated as a result of the additional trips to the site as well as activities occurring at the site. No evidence that the proposed development will exceed the maximum noise levels contained in MMC 9.27 was provided for the record in support of these contentions by any of these comment letters.
STAFF RESPONSE: Noises from traffic are an existing condition on both 23rd Avenue and Taylor Street. Noises from activities in the proposed development are subject to the requirements contained in Chapter 9.37 MMC. The project has been designed to feature a minimum 150’ setback from any property lines as well as a 20’ vegetative buffer for visual buffering. As noise attenuates over distance, and with the provision of landscaping, additional mitigation (such as a noise wall or berm) were not explored, although a mitigation measure was added to the MDNS to require an acoustical expert to provide recommendations should post-construction noises exceed the maximum allowable limits set forth in Chapter 9.37 MMC. On review, staff concurs that the landscaping buffer will not add significantly to noise mitigation but believes the building set back and fencing will provide adequate post construction noise mitigation.
• Lighting – Several of the comments reference light pollution or impacts from lighting that would occur as a result of the proposed development. Again, documentation or other evidence of light spillage was not entered into the record in support of these contentions.
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The applicant supplied a lighting plan which indicates that the photometric levels at the site’s property lines would be zero, even without the provision of site landscaping.
• Scale of the Proposed Development – Nearly every comment letter references the proposed project’s scale and its adverse effect on neighborhood character.
STAFF RESPONSE: The City’s Municipal Code does not regulate the size of conditionally permitted non-residential uses such as churches or schools. Most of these comments seem to have issue with the use and the traffic it will generate, rather than the building’s mass and scale. It is worth comparing that a residential subdivision of the property would likely result in approximately 56 residences2, many of which would be sited to either front or back onto 23rd Avenue, with only at most a 25’ setback from the right-of-way. However, the purpose of a conditional use permit is to enable the project to be made compatible with other permitted uses by imposing appropriate condition. As the proposed use is nonresidential in nature, having the structure close to the roadway would not be in keeping with the existing character. The location of the building in the interior of the site as well as the provision of perimeter landscaping are recommended conditions to mitigate adverse impacts.
VI. APPEAL OF THE CITY’S MDNS
A. Background The City’s Mitigated Determination of Non-Significance (MDNS) was appealed by Citizens for a Small- Town Milton on November 5, 2020. The appellant filed the necessary forms (Exhibit 70) and information (Exhibit 71) and paid the applicable fee prior to the appeal deadline of November 9, 2020 at 5:00pm.
The State Environmental Policy Act review process helps the City, as lead agency, identify significant adverse environmental impacts likely to result from a proposed development. The information learned in the SEPA review process can be used to modify a proposal to reduce likely impacts, apply conditions or deny a proposal when adverse environmental impacts are identified.
A SEPA “threshold determination” is a formal agency decision on whether a proposal is likely to result in significant adverse environmental impacts for which mitigation cannot be easily identified. Under SEPA, "significant" means a "reasonable likelihood of more than a moderate adverse impact on environmental quality.”3 The term is often non-quantifiable but involves the physical setting as well as the magnitude and duration of the impact.
A Determination of Non-Significance (DNS) is issued when the responsible official has determined a proposal “would not have a probable significant adverse impact on the environment”, or mitigation has been identified that will reduce impacts to a nonsignificant level. “Probable” in this context means
2 Citizens for a Small-Town Milton, Appeal Exhibit 17.2
3 WAC 197-11-794(1)
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“likely or reasonably likely to occur.”4 SEPA differentiates “likely” impacts from “those that merely have a possibility of occurring but are remote or speculative.”5 SEPA was designed to reduce or eliminate environmental impacts. If significant impacts are identified that require an EIS be prepared, the applicant can reduce them by making changes to a proposal or an agency can require mitigation as a condition of approving the project. When changes to the proposal or mitigation measures are identified that will reduce the identified significant adverse impacts to a nonsignificant level, a “mitigated DNS” is issued in lieu of a Determination of Significance and an EIS.
The SEPA environmental review process begins when an environmental checklist is completed. The applicant is responsible for completing the environmental checklist, providing all known information about the proposal and identifying its probable environmental impacts. The City, as lead agency, is responsible for reviewing the environmental checklist, permit applications and any additional information to determine any likely significant adverse environmental impacts and identify potential mitigation. Consultations with other agencies, tribal governments, and the public help identify potential impacts and possible mitigation.
B. SEPA Review Process The City’s review process of the proposed developments environmental impacts began by reviewing the submitted environmental checklist and consulting other agencies and the public. SEPA includes 16 environmental elements, covered by Part B of the SEPA environmental checklist:
1. Earth
Element 1 covers impacts to earth including information related to the site’s slope and soil stability and planned fill, excavation and grading. Measures to control or reduce erosion, or other impacts to the earth are required to be identified.
In addition to the information provided by the SEPA environmental checklist, the City relies on additional information contained in the City’s Soil Stability Map (Comprehensive Plan Map LU-3), information contained in the United States Department of Agriculture (USDA) Natural Resources Conservation Map (NRCS) to determine if there is history of unstable slopes in the vicinity or other hazards that could occur as a result of the proposed development. As identified in the environmental checklist and confirmed in Comprehensive Plan Map LU-3, the site is identified as being flat to rolling, with no steep slopes or erosion hazard areas identified, and comprised of gravelly sandy loam soils. Development of the site is identified as not requiring external fill, as
4 WAC 197-11-782
5 Id.
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the grading of the site has been designed to balance cut and fill on site, with only minor cut occurring on the north end of the building for a total of approximately 2,200-2,900 cubic yards.
Minor erosion could occur as a result of excavation on the site. Chapter 13.26 of the Milton Municipal Code adopts the 2014 Department of Ecology Stormwater Management Manual for Western Washington which requires the design of a Construction Stormwater Pollution Prevention Plan (CWSPPP) and installation of Best Management Practices (BMPs). Typical BMPs employed as part of a CSWPPP include, but are not limited to, temporary silt fencing (BMP C233), stabilized construction entrances (BMP C105), and storm drain inlet protection (BMP C220).
A full CWSPPP has not been submitted. The City may rely on existing local, state or federal rules to eliminate adverse environmental impacts. Adherence to Chapter 13.26 of the Milton Municipal Code adequately eliminates any adverse environmental impacts that may result to the earth during or after the development.
2. Air
Element 2 covers impacts to air including emissions that would occur as a result of construction, operation and maintenance of the project. Measures to control or reduce emissions are required to be identified.
Certain activities have the potential to create emissions or odors that should be mitigated – these include waste burning, asphalt preparation, chemical spraying, coffee roasting, composting, dry-cleaning, painting, rock crushing, welding, and wood processing, among others.6 The proposed use is for a church, private K-12 school, and associated parking. As identified in the SEPA checklist, the proposal will not generate more than typical construction emissions.
Other emissions could occur as a result of operation and maintenance of the site, including emissions from vehicles traveling to and from the site, and emissions from lawn and garden equipment. Air quality is regulated by federal and regional agencies, including the Environmental Protection Agency (EPA) and the Puget Sound Clean Air Agency (PSCAA).
The EPA sets standards for emissions from vehicles and nonroad engines and vehicles such as lawn and garden equipment7. The PSCAA requires permits for new construction for certain sources such of air pollution such as drycleaners, printing, industrial wastewater evaporators,
6 https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist-guidance/SEPA-Checklist- Section-B-Environmental-elements/Environmental-elements-Air
7 https://www.epa.gov/emission-standards-reference-guide/all-epa-emission-standards
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sanding, and coffee roasters8. The City relies on the regulations and standards set by these agencies in determining that there are no probable adverse environmental impacts that will occur as a result of the proposed development provided that the emissions generated comply with federal and state emission standards.
3. Water (Surface and Groundwater)
Element 3 covers impacts to water including whether surface waters or groundwater could be adversely impacted by a proposal. Measures to control or reduce impacts to surface, ground and runoff water are required to be identified.
Surprise Lake Tributary is located on the property and flows into Surprise Lake upstream and the Hylebos Stream downstream. In addition, there are two wetlands on the property. Some development activity will occur within the buffer of Surprise Lake Tributary and one of the wetlands. This includes the required frontage improvements for the site comprising of half street improvements to both 23rd Avenue and Taylor Street. Mitigation for these impacts will be provided through on-site buffer averaging and mitigation in accordance with Chapter 18.16 MMC.
The site is required to manage the stormwater runoff generated by new and replaced hard surfaces on-site, in accordance with the 2012 Department of Ecology Stormwater Management Manual for Western Washington (SWMMWW). The proposed development will require compliance with Minimum Requirements (MR) 1-9, specifically, the proposed development will be required to preserve natural drainage patterns (MR-4), provide on-site stormwater management (MR-5), runoff treatment (MR-6), and flow control (MR-7). Best management practices for protection of wetlands (MR-8) and for long-term operation and maintenance (MR- 9) are also required. Full conformance with the SWMMWW will be required at civil engineering review as concurrent processing was not applied for, but the applicant has submitted a conceptual drainage report and site plan which indicates that stormwater will be managed in a detention pond occupying approximately 1-acre of the site.
The City may rely on existing local, state or federal rules to eliminate adverse environmental impacts. Adherence to Chapters 13.26 and 18.16 of the Milton Municipal Code and compliance with the SWMMWW adequately eliminates any adverse environmental impacts that may result to water during or after the development.
4. Plants
8 https://pscleanair.gov/177/Construction-Permits
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Element 4 addresses the removal of vegetation and plants would occur as a result of construction of the project. The applicant is required to identify the types of vegetation found on the site and describe the amounts of vegetation that will be removed or altered. Any threatened or endangered species found on or near the site are required to be identified.
There are 214 trees present on the site, as well as a variety of shrubs, grasses and pasture type vegetation. Vegetation found in wetlands has also been identified on the site. The proposed development will remove 47% of the trees on site. In accordance with MMC 17.44.110.G, the proposed development is required to preserve as many significant trees as feasible, and where significant trees cannot reasonably be retained, they must be replaced in accordance with the specified replacement ratios.
The proposed development will preserve 113 of the existing significant trees on site and plant 251 replacement trees, to be located primarily within the 20’ landscape buffer around the perimeter of the property. Impacts to plants have been appropriately mitigated through adherence to the City’s Significant Tree and Tree Grove Protection regulations.
5. Animals
Element 5 addresses impacts to animals that could occur as a result of construction of the project. The applicant is required to identify the species of animals found on or near the site and describe measures to preserve or enhance wildlife. Any threatened or endangered species found on or near the site are required to be identified.
A variety of species were observed as part of the applicant’s critical areas site reconnaissance. These include species common to urban-residential areas such as common birds, deer, mice, rats, opossum, racoon, coyote, skunk, squirrel, and vole. Some waterfowl and shorebirds have been noted to use the habitats including osprey and bald eagle. It has been noted that bald eagle may land on the trees located on the property. No information regarding bald eagle nests on or near the site was provided to the City by either the applicant, other agencies, or the public.
No endangered or threatened species have been identified as located on or near the site. Preservation of 113 of the significant existing trees and the planting of additional trees and plants will provide for additional habitat area for local wildlife.
6. Energy and Natural Resources
Element 6 relates to impacts to energy and natural resources that will occur as a result of the proposed development. The development will utilize electric and natural gas for heating. The proposed use will not be a large consumer of energy due to its characteristics – the building will be occupied during the day and for a few hours in the evening and on Sundays. The building has
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been sited at least 150’ from the boundary of adjacent properties and will not result in an impact to potential solar energy use by adjacent properties. The proposed building will also be required to comply with the Washington State Energy Code.
The proposed use will not result in an inordinately large consumption of energy and natural resources. Siting of the building and adherence to the Washington State Energy Code will adequately eliminate any adverse impacts to energy and natural resources.
7. Environmental Health
Element 7 relates to environmental health hazards that may occur as a result of the proposed development. This includes known contamination and toxic materials that could be released during or following construction. This also includes noises that may affect the proposed development as well as short-term and long-term noises that will be generated as a result of the proposed development.
The Department of Ecology’s “What is in My Neighborhood” tool allows applicants to identify contaminated sites on or near their property. The City relies on the information provided in the SEPA environmental checklist as well as consultation with the Department of Ecology to determine if testing for contamination is necessary.
No contaminated sites have been identified on or in the immediate vicinity of the property. The Department of Ecology, as part of the agency comments submitted to the City, has noted that if contamination is suspected, discovered, or occurs during construction the Department must be notified (Exhibit 47).
Short-term noises that will occur as a result of the proposed development include construction noises that will occur between 7am to 7pm. Long term noises will primarily be from traffic traveling to and from the site, as well as conversational and related noises from the school and services.
The City’s noise ordinance (Chapter 9.37 MMC) requires that noise from the property be limited to 55dBA between the hours of 7:00am and 7:00m. These limits are reduced to 45 dBA during the nighttime hours. The proposed construction noises would occur during the daytime hours and are limited to when the site is under development. In the long-term, it is unlikely that prolonged noises exceeding these limits would result due to traffic or persons visiting the site, and from landscape maintenance (mowing or leaf blowing). The building is setback at least 150’ from the nearest property line on all sides of the structure. Solid fencing has been proposed at the west and north property lines to mitigate noise.
Noise level attenuates over distance. The combination of the building setback and fencing will provide adequate mitigation to noises from conversation and traffic. After considering
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submissions from the Appellant the City agrees that the landscaping buffer provides a visual buffer but will not provide any significant noise buffering to the mitigation provided by the building setback and fencing. The City may also rely on its noise ordinance to require noise levels be maintained. A mitigation measure has also been incorporated in the MDNS requiring that, following construction, if noise levels exceed the allowed limits, that an acoustical expert be engaged to provide recommendations for additional mitigation.
It is also worth noting that other uses authorized for the site would produce similar noises – a residential subdivision would have noises from voices, traffic and landscape equipment owned by the many families occupying the development. This use would also produce noises at all times of the day, evening and nighttime hours. As the proposed use will be unoccupied during the nighttime hours, on Saturdays, and in the evening hours except the one weekly service provided as well as an Russian language class that is taught on Friday nights, it is likely to be result in less noise than other permitted or conditional uses.
8. Land and Shoreline Use
Element 8 relates to impacts to land and shoreline use that may occur as a result of the proposed development. Information related to the past, present and future land uses of the property, as well as the surrounding land uses, zoning designation of the property, comprehensive plan designation of the property, shoreline master program designation of the property (if applicable), presence of critical areas, and information related to how many people will reside or work on the property once it is completed. The environmental checklist should state proposed measures to ensure the proposal is compatible with existing and projected land uses and plans.
The applicant has identified that the surrounding uses include single-family residences and community facilities (the Fife School District). One structure on the site – a single-family residence – will be demolished. The site is zoned Residential Single-Family. Two wetlands, a stream and a critical aquifer recharge area are located on the site. The Residential Shoreline Environment Designation from Surprise Lake extends onto the property. One dwelling unit will be displaced as a result of the proposed development. Approximately 45 people will work on the property when the proposed project is completed.
Churches are consistent with the City’s Comprehensive Plan designation and Zoning designation of Residential Single-Family according to the City’s Table of Uses contained in Chapter 17.14 MMC provided they obtain a conditional use permit. Churches are defined as:
“Church” means an establishment the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and including the accessory uses in the main building or in separate
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buildings or structures including religious educational classrooms, assembly rooms, kitchens, libraries or reading rooms, recreation halls, and one-family dwelling units, but excluding facilities for residence of or training for religious orders. (Ord. 1912 § 1, 2017; Ord. 1405 § 2, 1999).9
Sections VII and VIII of this staff report detail conformance with the City’s Comprehensive Plan and Zoning Code. Should the Conditional Use Permit for the proposed development be approved, impacts to land use will have been adequately mitigated. Prior to development, the applicant must also obtain a Shoreline Substantial Development Permit in accordance with the City’s Shoreline Master Program. A mitigation measure has been attached to the City’s MDNS to mitigate impacts to shorelines.
9. Housing
Element 9 relates to impacts to housing that may occur as a result of the proposed development. The number of housing units that will be provided or eliminated must be identified. Measures to reduce or control housing impacts, such as the increasing or decreasing of housing units are also required to be identified.
The applicant identified that one single-family housing unit would be removed. No additional housing units would be provided. Measures to control housing impacts are accordingly not provided.
While the City’s 2015 Comprehensive Plan does identify the property as being a place where residential infill may occur, other uses for the site are allowed pursuant to Chapter 17.14 MMC including schools, parks, and utilities. According to the Comprehensive Plan, the City will need to accommodate an additional 2,482 persons above its 2015 population. The City has capacity for approximately 939 additional housing units. With the 2015 Comprehensive Plan’s assumption of 2.4 people per household, the City may only be able to accommodate 2,254 persons, which is a deficit of 228 persons. Though there is a deficit in the forecasted housing supply, this is a relatively small gap and could be resolved simply if household sizes were to increase. This small deficit does not provide adequate grounds to prohibit non-residential development in all areas designated for single-family use or require mitigation.
10. Aesthetics
Element 10 addresses aesthetics and views that could be impacted as a result of the proposed development. The proposed building will be 35 feet in height, in keeping with the maximum height allowed in the Residential Single-Family (RS) Zoning District. The building will feature
9 https://www.codepublishing.com/WA/Milton/#!/Milton17/Milton1708.html#17.08.150
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materials such as cement fiber board, wood paneling, stone veneer, and CMU block. Building renderings have been submitted to the City, see Exhibit 21.
Currently, the 20-acre site is undeveloped, and consists of pasture land. The proposed development plan features the building situated in the middle of the site, with a 20’ perimeter landscape buffer. In addition, the northeast and southeast portions of the site will be preserved due to the location of critical areas.
The City does not have any view protection regulations or design guidelines that apply to the property. City staff have determined that a 20’ landscape buffer will be sufficient to mitigate visual impacts. The proposed buffer is modeled on Pierce County’s L3 Landscape buffer used to buffer residential uses from commercial uses.
11. Light and Glare
Element 11 covers impacts to light and glare, including whether light or glare would be produced by the proposal, and measures to control light or glare impacts.
The applicant has identified possible glare from the building that could occur in the morning and evening hours. With the location of the building setback at least 150’ from the nearest property line and the planting of a dense landscape buffer, impacts from glare will be adequately mitigated.
Impacts from light could occur as a result of building or parking lot lighting. The applicant submitted a lighting plan, Exhibit 17, which has indicated that there will be no light spillage from the property onto adjacent properties. In addition, the MDNS contains a mitigation measure that requires that a nighttime lighting test be performed following construction and lights tuned to avoid spillage.
Street lighting will be installed as part of the frontage improvements on 23rd Avenue and Taylor Street lighting will be required to be designed in accordance with the City’s standards including undergrounding power lines where is feasible. Mitigation will be required for impacts to lighting due to the provision of street lighting as part of the applicant’s civil engineering plan review. A recommended condition of approval that street lighting be designed in accordance with the City’s standards and approved by the City is included in Section XII.B.
12. Recreation
Element 12 addresses impacts to recreation and identification of recreational opportunities provided or in the vicinity of the proposed development. The proposed development does feature a “ball field” in the northwest corner. This has been identified as part of the SEPA environmental checklist as a place for recreational activities to be provided for the private school. Page 28 of 81 Salvation Slavic Baptist Church | 2019-007
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The landscape plan identifies this as “turf field per owner.” The applicant has not, however, identified whether this will be natural or artificial turf. Should the field be constructed of artificial turf, drainage will need to be provided in accordance with the SWMMWW and reviewed as part of the civil engineering approval.
As there are no existing recreational opportunities that will be displaced, no mitigation is necessary for impacts to recreation. The applicant, however, has voluntarily agreed to construct a trail within the southeast corner of the site within the buffer of Surprise Lake Tributary, which will provide an option for pedestrians to cut the corner of 23rd Avenue and Taylor, enjoy a nature walk along the enhanced stream and wetland, and distance themselves from traffic.
13. Historic and Cultural Preservation
Element 13 addresses impacts to historical and cultural resources. As part of the environmental checklist, the applicant is required to identify any known historical or cultural resources on or near the site. The main source of information used is the Washington State Department of Archaeology and Historic Preservation’s (DAHP) WISAARD tool. This tool identifies any sites or buildings that have historical or cultural significance and have been included on the historic register. WISAARD did not identify any known cultural or historic resources on or near the property. The City has not adopted a Historic Preservation Code or District nor other similar regulatory measure.
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Figure 3: Department of Archaeology and Historic Preservation (DAHP) WISAARD Results
The appellant, “Citizens for a Small-Town Milton,” have submitted documentation that the property is located on land originally part of a homestead claim (Isaac N. Tate Land Patent – see Exhibit 71.1). This is not uncommon and in fact, upon review of land patents from the Bureau of Land Management (BLM), most of the City is located on land formerly gifted by the federal government to individuals in exchange for their settling and tending of the land. There are no restrictions to the use of the land noted on the face of the deed or title report per Exhibits 2 and 3. In addition, the City consulted the Department of Archaeology and Historic Preservation as part of the Interagency Notice of Application (Exhibit 25) and Notice of Consultation (Exhibit 45). In both cases, DAHP did not comment on the proposed development.
The property is also located within the Puyallup Tribe of Indians (PTOI) reservation boundaries. The PTOI did not comment on the notice of consultation or threshold determination. Mitigation measure #20 of the MDNS requires the applicant to have an Inadvertent Discovery Plan (IDP) in place should historic or cultural resources be identified during construction.
14. Transportation
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Element 14 covers impacts to the transportation network that may occur as a result of the proposed project. A traffic impact analysis was prepared by Heath & Associates as part of the application submittal (Exhibit 11). The following text is taken directly from the report:
In total, the project can be anticipated to generate approximately 270 AM and 96PM peak hour trips during a typical weekday. The majority of weekday trips would be associated to the private school and some church activity. The Sunday peak hour is shown to generate approximately 919 peak hour trips. The 92,000 square-foot building would accommodate a large number of attendees for a typical Sunday church service.
Figure 4: Project Trip Generation, Applicant's Traffic Impact Analysis (Table 4, page 12)
The private K-12 school is located within the 92,000 square-foot church, encompassing approximately 23,700 square feet. A breakdown of the private school uses and common areas with the church was provided, however for the purposes of the traffic impact analysis, the maximum size for each land use (92,000 square feet of church and a 300-student private school) was used for the trip generation to remain conservative.
Section 4.4 of the Traffic Impact Analysis discusses the City’s peak hour level of service for three intersections in close proximity to the project site (Milton Way/23rd Avenue; Taylor Street/23rd Avenue/94th Avenue; and Taylor Street/20th Avenue/92nd Avenue), as well as the two project driveways. The Traffic Impact Analysis utilizes the Synchro 10 analysis program to calculate level of service based on the trip generation taken from the Institute of Transportation Engineers publication, Trip Generation, 10th Edition. In an addendum to the Traffic Impact Analysis (Exhibit 11.1), the applicant updated the level of service calculations based on the MDNS mitigation measure limiting the driveway on 23rd Avenue to exit only. The findings in Table 1 of the Traffic Impact Analysis addendum illustrate that level of service for the three intersections analyzed in the vicinity of the project as well as the two project driveways would not fall below the City’s adopted Level of Service (LOS) D.
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Figure 5: Forecast 2023 Peak Hour Level of Service, Applicant's Traffic Impact Analysis Addendum (Table 1, page 2)
The results of this Traffic Impact Analysis have been reviewed by the City’s on-call traffic engineers, Transportation Solutions Inc., and Transpo Group (Exhibits 30, 34, 37, and 42). Although there are no future LOS deficiencies identified with or without the project, the City has incorporated 7 mitigation measures into the issuance of its MDNS. The first mitigation measure would require the applicant to dedicate right-of-way and construct frontage improvements on the project’s 23rd Avenue and Taylor Street frontages. This is already a code requirement pursuant to Chapter 12.24 MMC, however, as the applicant has voluntarily offered, the frontage improvements will also include the construction of on-street parking stalls on 23rd Avenue to mitigate for the loss of shoulder parking.
As required by Mitigation Measure #5, the applicant prepared an addendum to their Traffic Impact Analysis (Exhibit 11.1) which identified that a westbound right-turn lane is warranted to mitigates impacts to level of service due to restriction of access to the site being from Taylor Street, only (23rd Avenue is limited to egress, only). As a recommended condition of approval, the applicant will design and construct a right-turn lane as recommended by the applicant’s traffic engineer and reviewed by the City’s consulting traffic engineer.
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The applicant will also contribute to the City’s Traffic Impact Fee program in accordance with Chapter 13.44 MMC. This is currently tabulated at $4,38010 per PM peak trip, which the project would contribute 96 new PM peak trips. As currently calculated the total fee would be $420,480 (though this is calculated based on the fee in place at the time of building permit issuance and may increase). The purpose of this fee is for use on other system improvements that are not a part of the project’s required mitigation and would serve the new development.
The City will also require that the project undergo an additional concurrency test should revisions to the proposed development (such as an increase in the school population) result in an increase in traffic above the calculated trip generation. This requirement is codified in Chapter 17.75 MMC but has also been incorporated in the MDNS.
546 on-site parking stalls are provided. In accordance with the MMC 17.48.040, a total of 333 parking stalls is required for the church use. In addition, a private K-12 school is proposed which includes 30 classrooms/rooms that will accommodate 300 students. As the breakdown of elementary vs. secondary pupils is unknown, the City’s parking requirement for secondary schools can be applied as it requires a higher number of parking spaces. Assuming 30 staff members and 300 students, an additional 90 parking stalls would be required. The proposed site plan exceeds the minimum parking requirements set forth in the City’s code for the combined church/school use, though it is likely that the two uses will not overlap in time. Additionally, the applicant was asked to perform a parking demand study, which was included as Section 4.7 of their Traffic Impact Analysis (Exhibit 11). Three similar sized churches were sampled. While this was an inventory and not a demand study, the findings support that the ratio of parking stalls provided generally is consistent with similar sized churches (see the City’s peer review of Section 4.7 performed by Transpo Group contained in Exhibit 37).
The City has, however, identified that parking demand for special events could exceed the supply of on-site parking. Mitigation measure #4 requires the applicant to submit a parking management plan to the City to address parking for special events prior to the issuance of occupancy on the building permit. This would require that the City be notified prior to the date of special events. The applicant is required to provide additional mitigation for these events such as off-site shuttling or traffic control personnel.
In response to concerns from the residents over increased traffic on 23rd Avenue from congregants, students or others attending special events or services (members) using 23rd Avenue to bypass SR161 and access the church, the City imposed mitigation measure #5. This mitigation measure requires the driveway on 23rd Avenue be used for exit-only. This mitigation measure will encourage members to utilize other roadways, such as SR161, to access the
10 Adopted per Ordinance No. 1982 (2020)
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church from the Taylor Street. driveway. This mitigation measure has triggered the need for an updated traffic impact analysis including a warrant analysis to determine if a right turn lane will be required on Taylor Street. As a condition of the MDNS, the applicant will comply with any recommendations that result from the warrant analysis of the restricted access.
The City has also reasonably assumed that while the Traffic Impact Analysis is the best estimate of the proposed projects impacts, the conditions may vary once the project has been constructed. Best practice is to require a post-construction traffic study to monitor any impacts and impose additional mitigation that may be necessary due to speeding, parking, noise, or headlight glare that are difficult to assess prior to construction.
15. Public Services
Element 15 addresses impacts to public services that may occur as a result of the proposed development. These include impacts to fire protection, police protection, public transit, health care and schools.
The applicant has identified that an increased need for public transit could occur as a result of the proposed development. However, in coordination with Pierce Transit, the City has been informed that no mitigation is requested due to the property not being in the immediate vicinity of public transit.
East Pierce Fire and Rescue, who serve the property, reviewed the proposal for impacts to fire protection and conformance with the 2015 International Fire Code (IFC). See Exhibits 27, 28, and 40 for comments on the proposed development from East Pierce and the applicant’s response in Exhibit 41. Based on these comments, the applicant has agreed to provide additional fire hydrants throughout the site and will provide for the appropriate fire lane width.
The Fife School District was included in the City’s Interagency Notice of Application (Exhibit 25) and Notice of Consultation (Exhibit 45). The District did not comment on the proposed development and it is assumed that the proposed development will not result in an increased demand for the District’s services.
The City may rely on other agencies decisions to determine that no additional mitigation is necessary for impacts to public services.
16. Utilities
Element 16 covers the utilities that are available at the site or proposed for the project. The City requires that certificates of availability of water, sewer, and electric be filed with any development application to ensure that electrical, water, and sewer facilities and services are available or can be extended to support the development. No deficiencies in the City’s water or electric system were identified as part of the certificate availability and the City has adequate Page 34 of 81 Salvation Slavic Baptist Church | 2019-007
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capacity to serve the proposed development. A site-specific sewer information letter was also applied for with Pierce County, who serves the site for sewer.
C. Appeal Claims As required by MMC 17.71.150, the appellant is required to provide the following information in appealing an administrative decision made by the City’s SEPA Official in its threshold determination (text in bold copied directly from Administrative Appeal Attachment A (Exhibit 71)):
1. Facts demonstrating that the person is adversely affected by the decision:
The appellant is Citizens for a Small-Town Milton. The group is comprised of residents and property owners in the area surrounding the subject property. Members of the group will be adversely impacted by the city’s MDNS because, if it stands, there will not be a thorough assessment of the project’s adverse impacts—impacts that will directly and significantly affect the group’s members. These impacts include crowded roads and safety concerns related to the increased traffic (as partially and incompletely reflected in the applicant’s traffic analysis); loss of small town ambience and conflict with the surrounding single- family neighborhood, including an increase in noise and light (as reflected in the applicant’s site plans, knowledge of the surrounding area, and the level of use indicated by the size of the proposal and the traffic estimates in the applicant’s traffic report); loss of open space that supports area wildlife; reduced recharge of Surprise Lake; and other impacts identified in this appeal. Further evidence of these impacts is included in the comment letters from the community on file with the city. 2. A concise statement identifying each alleged error and the manner in which the decision fails to satisfy the applicable decision criteria or an identification of specific errors in fact or conclusion:
2.1. The responsible official lacked adequate information on which to base the threshold determination. The responsible official lacked adequate information regarding the full suite of activities planned for the facility; the project’s noise impacts (no noise study was done); impacts to Surprise Lake (water quantity/recharge); adequacy of the traffic study and the proposed traffic mitigation measures; light impacts; and aesthetics, compatibility and land use impacts.
STAFF RESPONSE: As detailed above in Section VI.B, the responsible official relied on the information provided in the SEPA environmental checklist to make the threshold determination. The City has also been provided documentation as required by Chapter 17.70 MMC (Application Requirements). This includes a variety of information and studies including the City’s Master Application which requires the applicant describe the
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proposed use (Exhibit 1), SEPA environmental checklist (Exhibit 9), Site Plan (Exhibit 10), Traffic Impact Analysis (Exhibit 11), Critical Areas Report (Exhibits 12 and 20), Civil Engineering Plans (Exhibit 13), Landscape Plans (Exhibits 14, 15, and 16), Lighting Plan (Exhibit 17), and Tree Inventory and Removal Plan (Exhibits 18 and 19).
Related to noise - as mentioned in Section VI.B.7 above7, the church is subject to the maximum allowed noise limits contained in Chapter 9.37 MMC. Literature on the contribution of noise pollution from churches generally focuses on church bells, which is not included in the proposed design. Typical noises, then, from the proposed use would include conversation noises (typically begin at 60 dBA at close range and attenuate over a distance of 10 meters, falling within the City’s allowable limits), and street traffic (typically beginning at about 80 dBA) which is already associated with the neighboring streets.
Impacts to Surprise Lake water quantity/recharge have been studied by the City’s consulting engineer (Exhibit 35).
The City had four peer reviews completed of the applicant’s traffic impact analysis to review its accuracy (Exhibits 30, 34, 37 and 42).
2.2. The project will have significant land use impacts, creating inconsistencies with the city’s Comprehensive Plan, including the Plan’s call for low- intensity uses in this area. Those impacts have not been mitigated by the MDNS.
STAFF RESPONSE: Conformance with the City’s Comprehensive Plan is discussed in Section VII.
2.3. The traffic impact analysis understates the project’s impacts. The city lacked adequate information regarding traffic impacts, including safety hazards, to make a threshold determination.
STAFF RESPONSE: See discussion in in Section VI.B.14 above, the responsible official relied on the information provided in the SEPA environmental checklist to make the threshold determination. The City has also been provided a traffic impact analysis prepared by a licensed traffic engineer (Heath & Associates), which has been peer reviewed by the City’s on-call transportation engineers.
2.4. The city’s traffic mitigation measures are inadequate.
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2.4.1. Half-street improvements … as well as on-street parking along 23rd Avenue to mitigate for the loss of shoulder parking.
2.4.1.1. Half street improvements on a narrow road in poor condition leaves the other half of the road just as dangerous, especially for residents entering and exiting their driveways.
STAFF RESPONSE: Half street road improvements are a requirement of Chapter 12.24 MMC. Sidewalk provided along the frontage of the subject property will result in improved pedestrian safety in the corridor, not decrease it.
2.4.1.2. Widening this road as proposed creates even greater impact to property owners across the street as their properties are very shallow and residences are set close to the existing narrow street.
STAFF RESPONSE: All road widening is proposed to occur within the existing right-of-way or on property dedicated by the applicant.
2.4.1.3. On-street parking will likely become overflow for church activities which should all be provided on site.
STAFF RESPONSE: No evidence was submitted in support of this claim. The proposal exceeds the parking requirements contained within MMC 17.48.040 (see analysis in Section VIII.A), and a parking analysis was included in Section 4.7 of the applicant’s Traffic Impact Analysis (Exhibit 11), which has been peer reviewed by the City’s on- call transportation engineers (Exhibits 30, 34, 37 and 42). In addition, mitigation measure #4 requires the applicant to submit a parking management plan to the City to address parking for special events prior to the issuance of occupancy on the building permit (see Exhibit 44).
2.4.1.4. Street improvements only along parcel frontage will not mitigate pedestrian and other non-vehicular safety impacts.
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STAFF RESPONSE: No evidence was submitted in support of this claim. Frontage improvements along the properties frontage are a requirement of Chapter 12.24 MMC Pedestrian improvements provided along the frontage of the subject property will result in improved pedestrian safety in the corridor, not decrease it. The City has provided in its Transportation Improvement Plan for completion of pedestrian and other non-motorized improvements on 23rd from Taylor Street to Milton Way (Project 1.9), and on Taylor Street (Project 1.8).11
2.4.2. Contribution to the city’s traffic impact fee will not adequately mitigate impacts.
2.4.2.1. Currently the city code is based on peak PM trips. The daily peak PM trips is one of the smallest numbers of the Traffic Impact Analysis and in no way correctly reflects the impact that the cumulative traffic will have on this project. This project will have a major impact on the road conditions and their deterioration for many years to come and as a tax-free entity there will be no recourse for the city to collect appropriate compensation.
STAFF RESPONSE: Traffic impact fees are a proxy to address other system improvements that may be required but are not directly related to deficiencies caused by the project. These fees are not in lieu of required project mitigation. The City must enforce the ordinance as it is written in Chapter 13.44 MMC, which requires impact fees be based on PM peak trips. It should be noted that PM peak trips are often considered repeat trips, in that they occur each day during the PM peak hour, as a result of commuting or business practices.
11 City of Milton 6-Year Transportation Improvement Program, 2021-2026, https://www.cityofmilton.net/DocumentCenter/View/129/2021-to-2026-Six-Year-Transportation-Improvement-Program
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Although the Sunday trip counts are higher, these occur just once a week.
2.4.2.2. The Traffic Impact Analysis does not mention that there are two planned services on Sundays. This is when the heaviest traffic will occur. We question that the trip counts adequately address traffic for both services at 2,000 attendees each.
STAFF RESPONSE: No evidence to support this claim has been submitted. The City engaged expert traffic engineers to conduct peer reviews of the applicant’s traffic impact analysis to assess its accuracy (Exhibits 30, 34, 37 and 42).
2.4.2.3. At the first neighborhood meeting, the pastor of the church said only 3% of their congregation live in the nearby vicinity. This means that the majority of the trips are new to the city as a whole and will have impacts throughout the city and not just on Taylor and 23rd. These impacts have not been mitigated either.
STAFF RESPONSE: Impacts that result in a decrease in level of service require mitigation. Impact fees are a proxy to address other system improvements that may be required but are not directly related to deficiencies caused by the project. The City relied on the information provided by the applicant’s traffic engineer, as well as the City’s on-call transportation engineers to determine the scope of the traffic impact analysis and the intersections to be analyzed.
2.4.3. Ambiguous scope of proposal.
2.4.3.1. The applicant has stated that it will have 26-30 classrooms with 300 students. This program could easily double in size without the city ever knowing about it and without triggering an increase in the current trip calculations. None of the mitigation measures adequately address the potential growth impacts.
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STAFF RESPONSE: Chapter 17.65 of the Milton Municipal Code addresses concurrency and requires that "E. Revisions to the proposed development that may create additional impacts on transportation facilities will be required to undergo an additional concurrency test." The traffic impact analysis addresses the 300 students the project approximated. Any student growth will require a new traffic impact analysis and findings of concurrency, including traffic mitigation. Although already a code requirement, a mitigation measure was also added to the MDNS to require the project to undergo additional concurrency review should the size of the school increase (mitigation measure #3 of the MDNS – see Exhibit 44).
2.4.3.2. The application acknowledges larger events requiring more parking than proposed. No adequate mitigation is proposed for the parking impacts caused by larger events.
STAFF RESPONSE: The City has required the applicant to submit a parking management plan to the City to address parking for special events prior to the issuance of occupancy on the building permit. This mitigation measure requires that the City to be notified prior to the date of special events. The applicant is required to provide additional mitigation for these special events such as off-site shuttling or traffic control personnel (mitigation measure #4 of the MDNS – see Exhibit 44)
2.4.4. Exit only onto 23rd.
2.4.4.1. Taylor Way over the years has become a main cut through for people going between Meridian/Edgewood & Fife/Tacoma. Even though it is only 25 mph and Milton Way is 35 mph, Milton Way recently put in additional traffic lights and now has 3 more than Taylor Way. Also, the school zone on Milton Way slows traffic to 20 mph. Shifting all the entry access to Taylor Way means the back up from cars trying to make a left Page 40 of 81 Salvation Slavic Baptist Church | 2019-007
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turn from Taylor Way into the proposed driveway will become even more significant. These impacts have not been adequately mitigated.
STAFF RESPONSE: The City has required the applicant to submit a revised traffic impact analysis following the issuance of the MDNS requiring that the driveway on 23rd Avenue be signed as “exit-only” and all entrance to the site be routed through the driveway on Taylor Street. The City received an addendum to the traffic impact analysis on February 3, 2021, which identified that due to the restricted access to the site via the 23rd Avenue driveway, a westbound right-turn lane is warranted at the Taylor Street entrance to the site. A recommended condition of approval has been incorporated into this staff report to require the applicant to design and submit to the City updated plans that reflect the incorporation of a westbound right-turn lane at the Taylor Street driveway consistent with the recommendations in the traffic impact analysis addendum.
2.4.4.2. The MDNS “Exit Only” requirement will be difficult to enforce and, thus, ineffective.
STAFF RESPONSE: Mitigation measure #5 of the MDNS (Exhibit 44) requires the driveway be signed. The driveway could be designed to prohibit vehicles turning into the facility, which may be addressed at the time of civil engineering permit application. In addition, the City can also enforce this condition through code enforcement and traffic enforcement.
2.4.5. After the fact adverse impacts.
2.4.5.1. Impacts such as speeding, parking, noise, decrease in air quality, or light spillage complaints cannot all be mitigated by traffic calming devices.
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STAFF RESPONSE: No evidence to support this claim has been submitted. The City relied on the information provided by the applicant, as well as its own expert peer reviews, agency comments, local, state and federal laws to make its threshold determination. See analysis in Section VI.B above.
2.4.5.2. The applicant is given the option to not conduct a study of pre- existing conditions. Without such a study, any study after-the- fact will be subject to dispute regarding its meaning. This mitigation measure is inadequate unless the pre-existing study is mandatory.
STAFF RESPONSE: The purpose of the after-the-fact study is determine if there are adverse impacts that occur as a result of the proposed development. Choosing to complete a study of pre-existing conditions would give the applicant the opportunity to dispute their role in contributing to these impacts. Should the applicant elect not to complete one (given that the request for the option to complete one was the applicant’s), then the City would infer that adverse impacts to traffic and public safety are a result of the proposed development and the applicant would be required to mitigate them.
2.5. The grading proposed for this project would alter the current hydrologic processes that contribute to lake recharge by diverting a significant portion of the lake’s holding capacity and rerouting it to a retention pond, eliminating the lake’s key involvement in natural ecosystem processes and potentially negatively impacting the water quality of the lake substantially, as well as property values that depend on lake frontage.
STAFF RESPONSE: The site is required to manage the stormwater runoff generated by new and replaced hard surfaces on-site, in accordance with the 2012 Department of Ecology Stormwater Management Manual for Western Washington (SWMMWW). The proposed development will require compliance with Minimum Requirements 1-9, specifically, the proposed development will be required to preserve natural drainage patterns (MR-4), provide on-site stormwater management Page 42 of 81 Salvation Slavic Baptist Church | 2019-007
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(MR-5), runoff treatment (MR-6), and flow control (MR-7). Best management practices for protection of wetlands (MR-8) and for long-term operation and maintenance (MR-9) are also required. Full conformance with the SWMMWW will be required at civil engineering approval as concurrent processing was not applied for, but the applicant has submitted a conceptual drainage report and site plan. This documentation indicates that stormwater will be managed in a detention pond taking up approximately 1-acre of the site.
This statement was peer reviewed by the City’s consulting engineer, Gray & Osborne, who determined that the design of the site, if done in accordance with the requirements of the SWMMWW, would not divert a significant portion of the lake’s holding capacity and perhaps only a small portion of that which is allowed by the Department of Ecology (see Exhibit 35).
2.6. The applicant has stated 38% of the parcel will be covered with impervious surfaces. Several adjacent properties are on septic and do not have a reasonable option to connect to sewer. The vast increase in impervious surfaces creates potential for negative impacts to current wastewater treatment regimes, also thereby affecting the livability of these properties and their property values. This impact has not been adequately studied or mitigated.
STAFF RESPONSE: See statement above as the project is required to comply with the SWMMWW and detain all stormwater runoff on-site prior to releasing at the pre-existing development conditions rate.
It is worth noting that the RS zoning district allows for up to 50% building coverage and no limit to impervious surface coverage. If the property were to be developed as a residential subdivision, City staff experience has been that new homesites typically take advantage of the full 50% building coverage. Residential development then typically adds additional impervious surface coverage through driveways, walkways and patios. While a detention pond would almost assuredly have been required for a residential subdivision on this property, each lot would have been required to install their own on-site stormwater BMPs (in accordance with MR-5 of the SWMMWW). Maintenance of individual on-site stormwater BMPs is notoriously difficult for single-family residences. The City expends much time and effort ensuring that these facilities are functioning as designed by coordinating with each individual property owner. With the
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property being developed by one property owner, and that owner being an institutional developer, it is very likely that the performance of stormwater facilities on this site will exceed the performance which city staff would anticipate if the property were developed as a residential subdivision.
2.7. Sensitive species and other wildlife
2.7.1. Bald eagles routinely use the Douglas fir and cedar trees on the property for perching and hunting; many of these trees have been slated for removal and the impacts to the eagles have not been adequately studied or mitigated.
STAFF RESPONSE: The applicant engaged a critical areas consultant (Habitat Technologies) to perform a critical areas assessment of the site and review against the City’s Critical Areas Ordinance (see Exhibit 12).
Some waterfowl and shorebirds have been noted to use the habitats including osprey and bald eagle. It has been noted that bald eagle may land on the trees located on the property. No information regarding bald eagle nests on or near the site was submitted to the City by either the applicant, other agencies, or the public.
No endangered or threatened species have been identified to be located on or near the site. Preservation of existing trees and planting of additional trees and plants will provide for additional habitat area for local wildlife.
2.7.2. Fish and other aquatic organisms, including waterfowl and migratory birds, use Surprise Lake and the adjacent wetland and riparian areas extensively. These species depend on lake recharge and availability of nutrients and ecosystem process such as fall turnover. Migratory birds and other wildlife also use the habitat corridor, including the trees, on the applicant’s parcel slated for removal. The impacts to these species have not been adequately studied or mitigated, especially per the Migratory Bird Treaty Act.
STAFF RESPONSE: See response above.
2.8. The project’s noise impacts have not been adequately studied or mitigated.
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2.8.1. The applicant is required to notify the city in advance of planned noise above the decibel levels. Providing advance notice does not reduce the impacts.
STAFF RESPONSE: See response in Section VI.B.7 above.
2.8.2. No study supports the conclusion that a vegetative screen will reduce noise impacts to insignificant levels. The likelihood that the screen will effectively reduce noise is remote. The referenced Pierce County Level III buffer states it does not mitigate for noise.
STAFF RESPONSE: See response in Section VI.B.7 above.
2.8.3. No mitigation is provided to reduce the impacts of outdoor events, including services held outside during the Covid-19 pandemic.
STAFF RESPONSE: The City’s MDNS requires the City to be notified of any special events. The proposed development would be subject to the City’s Noise Ordinance in Chapter 9.37 MMC. Should noise exceed the maximum allowable levels, the applicant would be required to engage an acoustical expert to provide for additional mitigation in accordance with mitigation measure #18 of the MDNS (see Exhibit 44).
2.8.4. Vehicle overflow on street parking would negatively impact adjacent properties more extensively as noise would be increased that cannot be mitigated.
STAFF RESPONSE: See response to appeal claim 2.4.1.3. Additionally, the noises associated with on-street parking are an existing condition as City staff understand the area identified for on-street parking is currently being used as shoulder parking by residents of the neighborhood.
2.9. The project’s light impacts on the adjacent single-family neighborhood have not been adequately studied or mitigated.
2.9.1. The mitigation conditions allow lights to remain on all night long. Lighting throughout the night is consistent with a commercial or industrial area, not a single-family residential neighborhood.
STAFF RESPONSE: See response in Section VI.B.11.
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The applicant submitted a lighting plan, Exhibit 17, which indicates that there will be no light spillage from the property onto adjacent properties. In addition, the MDNS contains a mitigation measure that requires that a nighttime lighting test be performed following construction and lights tuned to avoid spillage.
2.9.2. The mitigation conditions do not limit lighting until 10 p.m. at night. The adjacent neighborhood is quite dark once the sun sets (as early at 5p in the winter). Up to five hours of lighting around the facility in the evening hours is out of character with the single-family neighborhood. This impact has not been adequately mitigated.
STAFF RESPONSE: See response above.
2.9.3. No study has been undertaken to provide the city with the information needed to assess the lighting impacts.
STAFF RESPONSE: A lighting plan has been submitted as required by Chapter 17.70 MMC - Application Requirements. See Exhibit 17.
2.9.4. Vehicle overflow on street parking would negatively impact adjacent properties more extensively as lights (headlights and others) would be increased and cannot be mitigated.
STAFF RESPONSE: See response to appeal claim 2.4.1.3. Lighting impacts associated with on-street parking are an existing condition. City staff understands the area identified for on-street parking is currently used as shoulder parking by residents of the neighborhood.
2.10. The project’s air quality impacts on the adjacent single-family neighborhood have not been adequately studied or mitigated.
2.10.1. The mitigation conditions do not include any mention of air quality impacts due to exhaust from landscaping services including vegetative screen trimming, mowing, weed whacking, leaf blowing, parking lot cleaning, idling vehicles waiting to enter or exit or those idling in the parking lot, and etc. These impacts have not been adequately studied or mitigated or even mentioned in the MDNS.
STAFF RESPONSE: See response in Section VI.B.2.
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2.11. The applicant’s proposal affects the homestead of William G. Morse and his family who filed a land claim on March 29, 1890, which included the subject property. In 1891, a one-room log schoolhouse was formed and operated on the Morse claim. Surprise Lake was called “Morse Lake” prior to its name being changed. The effects of the impacts of the proposal on cultural and historic sites has not been adequately studied or mitigated.
STAFF RESPONSE: See response in Section VI.B.13.
3. The specific relief requested; and
The MDNS should be withdrawn and an EIS should be prepared.
STAFF RESPONSE: City staff do not agree that an Environmental Impact Statement is warranted as a result of this development. As part of an EIS, significant adverse environmental impacts must be analyzed under the proposed development as well as alternatives. All project documentation presented thus far has not indicated there will be any significant adverse environmental impacts that cannot be mitigated for or avoided through a modification to the proposal.
4. Any other information reasonably necessary to make a decision on the appeal.
Appellant will provide other supporting information prior to and at the hearing, as specified in the Hearing Examiner’s rules and orders.
VII. CONSISTENCY WITH THE COMPREHENSIVE PLAN
The subject property is located within the City’s “Residential Single-Family” designation, as identified in the City’s Future Land Use Map (Map LU-2) contained within the Land Use Element of the City’s Comprehensive Plan12.
12 City of Milton Comprehensive Plan, adopted June 15, 2015 per Ordinance 1866 and amended February 5, 2018 per Ordinance 1936.
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Figure 6: Comprehensive Plan Map LU-2: Future Land Use
The City’s Comprehensive Plan also identifies the subject property as being located within one of the six Special Planning Areas (SPA), specifically the Neighborhood Infill SPA, as identified in Figure LU-1, contained with the Land Use Element of the City’s Comprehensive Plan. A vision for the SPAs was initially developed in the “Visioning Report: A Community of Neighborhoods, A City of Places,” adopted in 2012 (referred to herein as the Visioning Report). The vision statement from this report and this figure was later incorporated into the Comprehensive Plan. While this figure identified the subject property alone as being a location for “Neighborhood Infill,” the “Neighborhood Infill” section of the Comprehensive Plan (Land Use Element, Page 38) further goes on to discuss multiple underutilized properties within the City that:
“have the potential to develop and greatly affect the surrounding neighborhoods upon their redevelopment. Generally, speaking, these are parcels that are of sufficient size to accommodate a large subdivision of 40+ single family homes. As identified in the visioning report, the property west of Surprise Lake has extremely high potential redevelopment into a residential subdivision. There are a few other properties in the City that have the same characteristics and potential for redevelopment; all of which are zoned single family.”
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Figure 7: Comprehensive Plan Figure LU-1: Special Planning Areas
Several land use, housing and transportation policies appear to relate to the development or non-residential development in general. It is not uncommon for all of the City’s Comprehensive Plan policies to not relate to every development. Specifically, certain policies often relate to one specific type of development, and thus are inapplicable to other types of developments.
Within the Land Use Element, there are several policies supporting residential development in the RS zoning district and concentrating non-residential development within other SPAs. However, Pol. LU 1.5 first provides that:
Pol. LU 1.5 The Future Land Use Map (Map LU-2), adopted in this plan, shall establish the future distribution, extent, and location of generalized land uses.
City’s Comprehensive Plan does not contain any goals or policies specific to churches or conditional uses. Under the Growth Management Act (RCW 36.70A), a requirement for fully or partially planning cities and counties is that
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development regulations are “consistent with and implement the Comprehensive Plan”.13 The City’s Zoning Ordinance specifies certain non-residential uses such as churches and schools as being conditionally permitted with the RS zoning district. Pol. RE 2.2 identifies certain allowed uses within the RS zoning district, however the list below represents a small selection of the permitted and conditionally permitted uses contained with MMC 17.14. It is assumed that the adoption of the City’s Zoning Ordinance was consistent with and serves to implement the City’s Comprehensive Plan and that the below represents only a selection of uses – rather than the extent of all allowable uses.
Pol. RE 2.2 The Single-Family (RS) land use designation and zoning district is intended to help preserve the City’s pattern of larger lot residential neighborhoods. Uses allowed within this category include single-family homes, accessory dwelling units, and mobile home parks. The net density for this category shall not exceed four to six dwelling units per acre.
Additional policies contained within the Land Use Element address the identification of this site as being a location for potential neighborhood infill.
Pol. LU 1.1 Recognize specific areas within the City that can serve as destinations for citizens of Milton and surrounding communities, including sites shown in Figure LU-1 and discussed in the policies contained herein.
Pol. LU 1.2 Maintain and enhance the City’s character and neighborhood cohesiveness by:
a. Concentrating non-residential development primarily in the Town Center Special Planning Area, Uptown Special Planning Area, West Milton Commercial District Special Planning Area, and other appropriate locations.
Pol SPA 1.1 Monitor adopted SPA goals and policies for performance, and consider refining, enhancing and modifying the goals and policies for SPA’s as necessary to maintain consistency with the City’s long-term vision and goals.
The Visioning Report identified six SPAs within the City, including the Uptown District, West Milton Commercial District, The Quarry Site, Neighborhood Infill, Town Center, and the Gateway Site. For two of the SPAs, specific policies were adopted within the Land Use Element. Two policies within the Land Use Element specifically relate to the Neighborhood Infill SPA:
Pol. RE 2.4 Consider design guidelines to encourage infill development that maintains or enhances the character of residential neighborhoods.
Pol. RE 2.7 Consider a development character in the Neighborhood Infill area just west of Surprise Lake (shown in Figure LU1) that includes the following:
13 RCW 36.70A.040(3)
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a. Use of a traditional street grid pattern as a basis for design.
b. Porches facing common areas with parking on the side or to the back of lots.
c. Establishment of a central park space to serve the community.
d. Use of a compact development pattern while maintaining the City’s existing residential character.
e. Protection of the environment recognizing downstream impacts to Surprise Lake and Hylebos Creek.
Both of these policies instruct the City to consider the adoption of design guidelines for infill development, which the City has never prepared or adopted. Pol. RE 2.7 specifically identifies the area just west of Surprise Lake and provides five elements to be considered in site design. Most of these elements seem to be specific to development of the property with residential uses, though protection of the environment and recognition of downstream impacts could be applied to any use. It would be difficult to enforce this policy based on the language and the City’s lack of adopted design guidelines. Further, as mentioned above, the City’s Zoning Ordinance specifically allows for non-residential uses such as churches, schools, parks, commercial daycare, and utility uses that would not be able to conform to this residentially focused policy. Lacking adopted design guidelines, an overlay district limiting uses on this property to residential uses, or other implementing regulations, the code lacks a regulatory structure to require the proposed development to conform to recommended development character envisioned in Pol. RE 2.4 and Pol. RE 2.7.
The proposed development does conform to a variety of policies related to economic development, healthy living, and environmental protection. As the proposed development will result in an influx of visitors to the City, it is possible that local businesses and restaurants could benefit from the additional traffic of church goers grabbing breakfast or dinner after service or doing their grocery shopping.
Pol. LU 1.6 Seek to establish and maintain an image that attracts the types of economic activities that best meet the needs and desires of the community.
The proposed development will provide for the addition of nearly 2,000 linear feet of sidewalk along 23rd Avenue and Taylor Street, improving the City’s walking and bicycling infrastructure.
Pol. LU 2.1 Maintain and improve walking and bicycling infrastructure.
The proposed building is also being designed to incorporate low impact development techniques such as pervious pavement within the site’s walkways.
Pol. LU 2.2 Encourage construction of healthy buildings and facilities.
Pol. EV 1.10 Encourage the use of low impact development practices and green infrastructure
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The planting of the site will provide for additional wildlife habitat. Over 250 new trees will be planted as well as shrubs and groundcover, far more than would have been possible in a residential development of the site. In addition, the on- site wetlands will be enhanced and protected through the provision of new buffer plantings and fencing (see Section VIII.C). The proposed development has highlighted the presence of fish species within Surprise Lake Tributary, prompting the City to update its Capital Improvement Plan (CIP) to include a replaced outfall/culvert for Surprise Lake, which will be designed as a bottomless box culvert to enhanced fish passage. Juvenile Coho salmon have been identified at the outlet of the current culvert and this project along with the City’s CIP project will provide for significant habitat improvement in the upper reach of Surprise Lake Tributary.
Pol. EV 1.1 Sustain and strengthen environmental quality and ecosystem function to ensure the health and well-being of people, animals and plants.
Pol. EV 1.4 Retain and protect wetlands, river and stream banks, ravines, and any other areas that provide essential habitat for sensitive and locally important plant or wildlife species.
Pol. EV 2.1 All development activities should minimize disturbance of and adverse impacts to fish and wildlife resources, including spawning, nesting, rearing and habitat areas, and migratory routes.
Pol. EV 2.5 Identify the impacts of new development on water quality and require any appropriate mitigating measures. Impacts on fish resources should be a priority concern in such reviews.
In relation to housing, the area could have provided additional housing capacity to the City and Housing Policies 1.2 and 2.1 do call for the conservation of the City’s existing housing stock (of which this proposed project would demolish one unit), and to ensure adequate capacity to accommodate the City’s growth forecasts. According to the Comprehensive Plan, the City will need to accommodate an additional 2,482 persons above its 2015 population. The City has capacity for approximately 939 additional housing units. With the 2015 Comprehensive Plan’s assumption of 2.4 people per household, the City may only be able to accommodate 2,254 persons, which is a deficit of 228 persons. Though there is a deficit in the forecasted housing supply, this is a relatively small gap and could be resolved simply if household sizes were to increase. This small deficit does not provide sufficient grounds to prohibit non-residential development in areas designated for single family use.
Housing Policy 1.2 – The City shall conserve its existing housing stock through such measures as code enforcement, appropriate zoning, participation in rehabilitation programs, and discouraging the conversion of housing to inappropriate nonresidential uses.
Housing Policy 2.1 – The city’s land use and housing plans should strive to maintain the predominantly single- family residential character of Milton while ensuring adequate capacity to accommodate growth forecasts.
Housing Policies 2.2, and 2.10 relate to development character and ensuring consistency with the existing neighborhoods. The purpose of a conditional use permit, pursuant to MMC 17.08.180 , is to provide a regulatory basis
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to exercise a degree of control over the design of certain uses when necessary, due to their characteristics, the location with reference to surroundings, streets, and existing improvements, in order to make the use consistent with and compatible with other existing or permissible uses.
Housing Policy 2.2 – New development should be consistent with the character of existing neighborhoods.
Housing Policy 2.10 – Assure that site, landscaping, building, and design regulations create effective transitions between different land uses and densities.
The proposed use meets the definition of a “Church,” as defined in MMC 17.08.15014. The size of a church is based on the size of the site. The size of a church is not addressed in its definition nor by other provisions of the code. The Growth Management Act’s vesting requirements prohibit the adoption of new regulations following the filing of a development application with the required fee payment.
Housing Policy 2.9 – Continually investigate a variety of code amendments in order to protect the small-town character and assure the development regulations implement the Comprehensive Plan.
The proposed development has been reviewed under Chapter 17.75 MMC – Concurrency Management. This policy requires that concurrency related to the City’s transportation facilities and services needed to maintain minimum level of service standards as adopted in the Transportation Element of the City’s Comprehensive Plan are available simultaneous to, or within a reasonable time after, development. Pol. TR 1.2, Pol TR 1.6, and Pol TR. 1.7 all require that development permits not be issued where the proposed development would result in the City’s transportation facilities exceeding the adopted level of service standards. The City’s adopted Level of Service (LOS) for all roadways is LOS D per Pol TR. 1.1 on page 4 of the Transportation Element. The proposed development will require mitigation as identified in their submitted Traffic Impact Analysis (Exhibit 11) and Addendum (Exhibit 11.1). A right-of-way dedication of 14.5’ along 23rd Avenue is required to provide for improvements such as street widening, sidewalk, a landscape strip, and on- street parking.
Pol. TR 1.2 The City shall not issue development permits where the project requires transportation improvements beyond the scope of the City’s 6-year Transportation Improvement Plan to maintain the adopted level of service standards. A developer may provide for needed improvements in transportation facilities and/or services. A developer may also provide strategies to mitigate impacts of their development provided that these strategies are consistent with the City’s goals and objectives.
14 “Church” means an establishment the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and including the accessory uses in the main building or in separate buildings or structures including religious educational classrooms, assembly rooms, kitchens, libraries or reading rooms, recreation halls, and one-family dwelling units, but excluding facilities for residence of or training for religious orders. (Ord. 1912 § 1, 2017; Ord. 1405 § 2, 1999).
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Pol. TR 1.6 New development shall be allowed only when and where all transportation facilities are adequate at the time of development, or unless a financial commitment is in place to complete the necessary improvements that will mitigate the development’s impacts within six years.
Pol. TR 1.7 The City shall require developers to construct streets directly serving new development, and frontage improvements including street widening, landscape buffers, sidewalks, and bicycle facilities as defined by the City’s Comprehensive Plan. Developers will be required to conduct traffic studies to determine the impacts of their developments on traffic in the City and pay a fair-share fee for specific off-site improvements needed to mitigate the impacts of their development.
In accordance with Pol. UT 1.1, the City requires that certificates of availability of water, sewer, and electric be filed with any development application to ensure that electrical, water, storm and sewer facilities and services are available or can be extended to support the development. No deficiencies in the City’s water or electric system were identified as part of the certificate availability and the City has adequate capacity to serve the proposed development.
Pol. UT 1.1 New development shall be allowed only when and where all public utilities are adequate, and only when and where such development can be adequately served by public utilities without reducing level of service elsewhere.
VIII. CONSISTENCY WITH ZONING REGULATIONS
A. TITLE 17 - ZONING
MMC 17.14.010 Table of uses.
DESCRIPTION OF USE RS RMD RM MX B M-1 CF OS Civic Use Category Church cup au cup au au cup Schools, elementary or cup cup cup cup cup au secondary acc: Accessory Use au: Authorized or Permitted Use cup: Conditionally Permitted Use su1: Type I Special Use su2: Type II Special Use
STAFF ANALYSIS: A church is defined as “an establishment the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and including the accessory uses in the main building or in separate buildings or structures including religious educational classrooms, assembly rooms, kitchens, libraries or reading rooms, recreation halls, and one-family dwelling units, but excluding facilities for residence of or training for religious orders". The definition includes other Page 54 of 81 Salvation Slavic Baptist Church | 2019-007
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associated uses such as kitchens, libraries, educational classrooms, assembly rooms, and may include multiple structures. The code recognizes that these accessory uses support the religious use of the church and it would stand to reason that having these accessory uses, in addition to a sanctuary, would require more square footage. Based on this definition, the proposed use fits into the definition of a church. The proposed private K-12 school meets the definition of “School, private,” which while not specifically called out in the Table of Uses, would fall into the umbrella of “Schools, elementary or secondary.” Both churches and schools are conditionally permitted uses in the RS zoning district, and the applicant has applied for a conditional use permit.
MMC 17.15B.010 Building bulk table.
STANDARDS RS RMD RM MX B M-1 OS CF Maximum Height 35 ft. 35 ft. 35 ft. 45 ft. 45 ft. 40 ft. 35 ft. 35 ft. Maximum Building n/a 50% n/a 90% 60% 60% n/a 60% Coverage1 Maximum Net or Phased Floor/Lot Ratio: Square n/a n/a n/a 3 to 1 1 to 1 1 to 1 n/a 1 to 1 Feet2 Minimum Setback from 20 ft. 20 ft. 20 ft. 0 ft. 0 ft. 10 ft. 20 ft. 10 ft. Right-of-Way3, 4 Minimum Side Yard 7.5 ft. 7.5 ft. 7.5 ft. 5 ft. 0 ft. 0 ft. 5 ft. 5 ft. Setback5 Minimum Rear Yard 25 ft. 10 ft. 25 ft. 0 ft. 0 ft. 0 ft. 7.5 ft. 7.5 ft. Setback6 Minimum Rear Yard 7.5 ft. 7.5 ft. 7.5 ft. 0 ft. 0 ft. 0 ft. 7.5 ft. 7.5 ft.
STAFF ANALYSIS: As submitted, the proposed site plan meets the requirements found in 17.15B. Building elevations submitted depict the building as conforming to the maximum 35’ height (see Exhibit 21). Full conformance with building height calculations will be determined at the time of building permit application.
MMC 17.15C.010 Landscape regulations table.
STANDARDS RS RMD RM MX B M-1 OS CF Street Planting Strip n/a n/a 35 ft. 45 ft. 8 ft 10 ft 20 ft 20 ft Side Yard Planting Strip n/a n/a7 7.5 ft7 90% 8 ft 8 ft 20 ft 8 ft
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Rear Yard Planting Strip n/a n/a 25 ft 3 to 1 8 ft 8 ft 20 ft 8 ft Internal Parking Lot n/a n/a 7% 7% 7% 7% 7% 7% Landscaping8
STAFF ANALYSIS: As the site is located within the RS district, the landscape requirements in 17.15C would not require perimeter or parking lot landscaping. However, the applicant has provided a 20’ wide landscape buffer around the entire perimeter of the property modeled off of Pierce County’s L3 landscape buffer which is used to buffer commercial uses from residential uses. The L3 landscape buffer requires trees spaced every 25’ and a full vegetative screen or a berm 4’ height. The applicant has proposed in their landscape plan a full vegetative screen (see Exhibits 14, 15, and 16).
MMC 17.44.110 Landscape requirements.
[…]
D. Parking Lot Landscaping Provisions.
STAFF ANALYSIS: The proposed development conforms with the requirements in MMC 17.44.110.D for parking lot landscaping. Corners of the parking lot are landscaped. Islands occur every nine spaces. Each planting island is a minimum of 160sf, 8’ wide, and includes a minimum of one tree, shrubs planted three feet on center, groundcover or pervious pavers.
[…]
F. General Landscaping Requirements.
1. All areas of exposed soil, regardless of duration, shall be subject to erosion and sedimentation best management practices as described in Chapter 13.26 MMC, Storm Drainage of Surface Water – Utility, Management and Maintenance.
STAFF ANALYSIS: See Section VIII.B.
2. All required landscaped areas shall be planted at the next planting season.
STAFF ANALYSIS: Staff recommends conditioning approval of this permit to require landscaped areas to be planted at the next planting season, and to be bonded to ensure survival of landscape material.
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3. All landscaped areas shall include at a minimum three low impact elements, from subsection J of this section, with no more than two guidelines from each subsection, in the design to minimize and treat runoff.
STAFF ANALYSIS: Guidelines F, I, J, K, L, and M are proposed for the project. Walkable surfaces around the building are designed to use pervious concrete or pavers. Certain parking lot islands are to be used for stormwater runoff retention and are designed as raingardens, with landscaping that is appropriate for bioretention. Plant species are compatible with the Pacific Northwest and consist of native species or where ornamental plants are proposed, they are drought tolerant.
4. Open Storm Retention/Detention Facilities.
a. Open area provided or required under the storm drainage of surface water code (Chapter 13.26 MMC) shall have an eight-foot planting bed external to the fence. If a fence is not necessary, then no planting is required. b. Within the fence plantings should have habitat value. This is not a strict criterion, but where possible plants with high value to wildlife habitat, such as fall berries, or spring nesting material should be integrated into the design. Native plantings shall be emphasized. Plantings within storm water facilities shall count toward landscaping requirements.
STAFF ANALYSIS: A detention pond is proposed to manage the site’s stormwater. As denoted in Exhibit 15, an 8’ landscaping bed is provided around the detention pond external to the pond’s fence. Within the pond’s fence, plantings consist of native species that will provide habitat to wildlife. Some of the plants proposed include perennials which will attract pollinators including butterflies, bees, and hummingbirds. Other plants proposed within the detention facility such as Carex stipata produce fruits that are eaten by a variety of animals including finches and some mammals. The plant material can also be used as nesting material by some animals.
5. The plant material character of the landscape areas shall have the following characteristics:
a. Trees. A minimum of 70 percent required parking area trees shall be deciduous, except, if existing trees are retained, the percentage of deciduous trees can be decreased accordingly. Perimeter landscape areas shall be no more than 50 percent evergreen. b. Shrubs. Shrub and hedge material used shall cover at least 60 percent of the required area.
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c. Vegetative Groundcover/Turf. Vegetative groundcovers that are sensitive to occasional foot traffic should not be used in landscape areas where foot traffic might be likely.
STAFF ANALYSIS: The landscape plan appears to meet these standards, though the perimeter landscape buffer is based off Pierce County’s code. Within the perimeter landscape, only evergreen trees are proposed in order to achieve a year-round visual screen. A minimum 70% of the parking lot island proposed trees are deciduous. Within the perimeter landscape buffer, trees are provided at a minimum spacing of 25’ with evergreen shrubs or trees planted every 5 or 8 feet to achieve a full visual screen. Shrubs are spaced every 3’ on center and appear to cover 60% of the planting area, and groundcover is spaced to achieve full coverage in 2 years.
6. Minimum Landscape Material Specifications. The following general planting regulations shall apply to all landscaped areas that require landscape plans:
STAFF ANALYSIS: As denoted in Exhibit 16, plant materials conform to the requirements in MMC 17.44.110.F.6.
G. Significant Tree and Tree Grove Protection.
1. Significant trees are healthy deciduous trees with a diameter at breast height (DBH) of greater than or equal to six inches, and evergreen trees in excess of 10 feet in height. Breast height is defined as four and one-half feet above grade. A grove of trees consists of a grouping of five or more significant trees with contiguous canopy cover. The health of the tree shall be determined by a Washington State licensed arborist.
STAFF ANALYSIS: 214 significant trees currently exist on the site. Most of these exist within the southeast corner of the site within the stream and wetland buffer and as such will be retained. Some significant trees overlap the proposed building footprint or the detention pond and are proposed to be removed and replaced. In total, 101 trees are proposed to be removed (41%). In accordance with the City’s replacement ratios, 257 replacement trees will be planted. See Exhibit 19.
MMC 17.48.040 Off-street parking requirements.
The minimum number of off-street parking spaces required shall be as follows:
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Church 1 space per 6 fixed seats in the chapel or nave Schools, elementary 1 space for each teacher and staff member plus 1 space for each 2 classrooms Schools, secondary 1 space for every teacher and staff member plus 1 space for every 5 students
STAFF ANALYSIS: 546 on-site parking stalls are provided. In accordance with the MMC 17.48.040, for the church use, a total of 333 parking stalls would be required. In addition, a private K-12 school is provided with 30 classrooms/rooms that will accommodate 300 students. As the breakdown of elementary vs. secondary is unknown, the City’s parking requirement for secondary schools was applied requiring the highest number of parking spaces. Assuming 30 staff members and 300 students, an additional 90 parking stalls would be required. The proposed site plan exceeds the minimum parking requirements set forth in the City’s code for the combined church/school use, though it is likely that the two uses will not overlap. Additionally, the applicant was asked to perform a parking demand study, which was included as Section 4.7 of their Traffic Impact Analysis (Exhibit 11). Three similar sized churches were sampled. While this was an inventory and not a demand study, the findings support that the ratio of parking stalls provided generally is consistent with similar sized churches (see the City’s peer review of Section 4.7 performed by Transpo Group contained in Exhibit 37)
MMC 17.62.050 Site plan review and approval criteria.
A. The hearing examiner or the director shall review and approve, approve with conditions, or disapprove the site plans for all proposed new developments or structures where site plan approval is required.
B. The hearing examiner or the director shall make the following findings:
1. The site is of adequate size to accommodate the proposed use, including, but not limited to, parking, traffic circulation, and buffers from adjacent properties, if needed; and
STAFF ANALYSIS: The proposed site is of adequate size to accommodate the proposed use, parking, traffic circulation, stormwater facilities, critical area buffers, and landscape buffers from adjacent properties. The site is 19.39-acres in size, of which 1.48-acres is devoted to the building
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footprint (7.6%). While the structure is large, the applicant has selected a site that provides for more than enough space to accommodate the proposed use, parking, and provides for protection of on-site critical areas, landscape buffers and stormwater, with additional space remaining in the northwest portion of the site.
2. All external illumination is designed to face inward, so that impact to adjacent properties is minimized to the greatest extent practicable;
STAFF ANALYSIS: External illumination is designed to avoid “night glow.” A lighting plan (Exhibit 17) has been submitted which identifies that no light spillage will occur from the property onto adjacent properties or roadways.
3. Parking areas are designed to assure that headlight glare from internal traffic does not affect motorists on adjoining streets; and
STAFF ANALYSIS: The parking areas are oriented such that headlight glare should not affect motorists on adjoining streets. A 20-foot wide landscape buffer has been provided around the entire perimeter of the property to provide a visual buffer between the site and adjoining properties or roadways. Headlight glare could be an issue at the site’s driveways for vehicles exiting the facility. The placement of these driveways has been carefully considered to not align with any homes or driveways.
4. On-site drainage is designed to assure that post-construction drainage has no greater impact on downstream properties than preconstruction drainage; and
STAFF ANALYSIS: On-site drainage will be required to be designed in accordance with the Department of Ecology’s Stormwater Management Manual for Western Washington (SWMMWW). See response in Section VIII.B below for conformance with Chapter 13.26 MMC and the SWMMWW. Full compliance with the SWMMWW and Chapter 13.26 MMC will be determined and approved upon the issuance of Civil Plans.
5. There is adequate sight distance at each proposed point of access to the site to assure traffic safety;
STAFF ANALYSIS: Two points of access are proposed – one on 23rd Avenue and one on Taylor Street. Both have been designed in accordance with the City’s
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Public Works Development Standards and have been reviewed by the City Engineer to provide adequate sight distance and traffic safety.
6. If the site abuts an existing residential use, a solid visual and noise barrier composed of fencing and landscaping will be in place prior to occupancy; and
STAFF ANALYSIS: As mentioned in Section VIII.A, a 20’ landscape buffer has been provided around the perimeter of the property to provide the required visual barrier as well as provide noise attenuation by the additional distancing. Where the property abuts a residential use (along the western property line and along the northern property line up to the buffer of Wetland A), a solid 6’ tall vertical slat cedar fence has been proposed to provide both a solid visual and a noise buffer. Along the property’s east and south property lines, the additional distance provided by the right-of-way provides additional 60-feet of distance from the site and any noises.
7. The site plan is consistent with the policies set forth in the state’s Growth Management Act; and
STAFF ANALYSIS: The proposal is consistent with the State’s Growth Management Act – see response in Section 1(b) below under the responses to the City’s Conditional Use Permit review and approval criteria.
8. The site plan is consistent with the city’s comprehensive plan; and
STAFF ANALYSIS: See Section VII and the response in Section 1(a) below.
9. The site plan complies with all applicable city development regulations including, but not limited to, all regulations found in MMC Titles 13, 16, 17 and 18.
STAFF ANALYSIS: See sections VIII.A – VIII.C.
MMC 17.64.040 Conditional use permit review and approval criteria.
A. Required Findings. The hearing examiner may use this code to modify the proposal. A conditional use permit may be approved only if all of the following findings can be made regarding the proposal and are supported by the record:
1. That the granting of the proposed conditional use is:
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a. Consistent with the City’s Comprehensive Plan;
APPLICANT The City’s Comprehensive Plan allows churches to be built in an RS RESPONSE: District with a Conditional Use Permit. Furthermore, churches are either Accessory or Authorized Use for all residential zones in the City of Milton.
STAFF ANALYSIS: Section VII of this Staff Report details compliance with goals and policies in the City’s Comprehensive Plan. Several land use, housing, and transportation policies appear to relate to the development or non-residential development in general. It is common that all the City’s Comprehensive Plan policies will not relate to every development. Specifically, certain policies often relate to one specific type of development, and thus are inapplicable to other types of developments. Specifically, the proposal is consistent with Pol. LU 1.5, Pol. LU 1.6, Pol. LU 2.1, Pol. LU 2.2, Pol. EV 1.1, Pol. EV. 1.4, Pol. EV 1.10, Pol. EV 2.1, Pol. EV 2.5, Housing Policy 2.2, Housing Policy 2.10, Pol. TR 1.2, Pol. TR 1.6, Pol. TR 1.7, Pol. UT 1.1. As detailed in Section VII, several of the City’s Comprehensive Plan policies direct the City to adopt design guidelines for infill development. The City has no adopted design guidelines or overlay that would restrict uses on this property to only residential infill – thus it would appear that these policies do not apply to the proposed use because no specific regulatory structure implements these policies for churches or schools. Rather the City’s Zoning Code, which implement the City’s Comprehensive Plan, identifies churches and schools as conditionally permitted uses in the RS Zoning District under the more general provisions applicable to a conditional use.
b. Consistent with the policies set forth in the state’s Growth Management Act; and
APPLICANT Among the 13 planning goals set forth in the Growth Management RESPONSE: Act, the proposal is more consistent with them than not. Although it could be argued that the proposal doesn’t encourage the availability of affordable housing to all economic segments of the population, affordable housing tends to be in higher density zoning areas that the proposal doesn’t impose on. Conversely, it will promote a social well being of community, promote retention & expansion of local business, retain open space, conserve fish & wildlife, and encourage
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involvement of citizens in the planning process. We have listened to the community’s response to the proposal and have worked diligently to reconcile conflicts that they had with the original design. In addition, we will continue to listen and are open to any conditions that may be implied as part of an approval of the proposal.
STAFF ANALYSIS: Staff generally concurs with the applicant’s assessment of consistency with the GMA. Specifically, the proposal is consistent with the following GMA goals (RCW 36.70A.030):
• (1) Urban growth – The proposal is located within an urban, developed area where adequate public facilities and services already exist. • (2) Reduce sprawl – The proposal seeks to construct a church and private school within a UGA. The applicant has stated that most of their membership lives in the City of Milton and adjacent jurisdictions such as Federal Way, Fife, and Edgewood. Siting a church within a UGA would reduce traffic congestion and sprawl as opposed to siting the facility outside of urban growth areas. • (5) Economic development – The proposed development will result in an influx of visitors to the City. It is possible that local businesses and restaurants could benefit from the additional traffic of church goers grabbing breakfast or dinner after service or doing their grocery shopping. • (11) Citizen participation and coordination – Two neighborhood meetings were held for the proposal, allowing for public participation in the application process. Notice was posted to the City’s website, in the Tacoma News Tribune, as a board on the site, mailed to property owners within 500’ of the proposed development, and emailed to a listserv of interested parties. The public has been engaged in the project and solicited for feedback on proposed conditions. Although the public has typically voiced outright opposition to the construction of a church within the RS zone, staff have attempted to engage the public in identifying conditions that are necessary to make this project harmonious with the surrounding area.
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• (12) Public facilities and services – The applicant provided a traffic impact analysis for the proposed development which detailed that the level of service of adjacent roadways would not be adversely affected as a result of the proposed development. The site is served by water, sewer, and power and availability was confirmed of all utilities to serve the proposed development.
c. Consistent with the level of service standards for public facilities and services in accordance with concurrency management requirements.
APPLICANT Utilities will be extended to the proposed site from existing RESPONSE: infrastructure within the public right-of-way. Access will be provided to the site with vehicle driveways and a pedestrian path that meets ADA requirements. These improvements will be consistent with the level of service standards typical of public facilities.
STAFF ANALYSIS: As detailed above, the applicant provided a traffic impact analysis for the proposed development which detailed that the level of service of adjacent roadways would not be adversely affected as a result of the proposed development. The site is served by water, sewer, and power and availability was confirmed of all utilities to serve the proposed development.
2. That the granting of the proposed conditional use permit will not:
a. Be detrimental to the public health, safety, and general welfare;
APPLICANT We intend the proposal to be favorable to public health, safety, and RESPONSE: general welfare of the public. The intent is to create a pleasing, low- profile building buffered by trees & landscaping in order to preserve a calm, peaceful environment. As a place of worship, we are considering the environment on the perimeter of the site with the addition of a tree-lined sidewalk along 23rd Ave and Taylor St. Providing walkways for pedestrians is a proven method to increase safety, comfort, and accessibility. Also, treelined streets are generally constructive elements for physical and mental health. Moreover, we will look to the City, ADA, & WSDOT guidelines to ensure sidewalk,
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crosswalk and ramp placement are adequate to ensure safety for pedestrian traffic.
STAFF ANALYSIS: While it has been contested by the public that the project would be detrimental to the public health, safety and general welfare of the surrounding area, evidence to support this claim has not been submitted to the City in this process.
Conditions have been imposed to ensure that the proposed development would not be detrimental to the public health, safety and general welfare such as:
• A 20-foot wide landscape buffer has been required around the perimeter of the property to buffer the commercial use from the surrounding residential areas. The City’s code does not provide a required landscape buffer within the RS zoning district. The applicant originally proposed an assortment of native plantings between the parking lot and property line. Staff in review of this project identified that a larger landscape buffer was necessary to buffer a non-residential use from the surrounding residential uses. Staff then requested a 20-foot wide full visual screen around the perimeter of the property. Staff is familiar with the L3 landscape buffer in Pierce County, which the County requires of commercial uses adjacent to existing residential use, which the site has now been designed to incorporate.
• It was noted that the residents on 23rd Avenue often use the shoulder of the road for overflow parking they are unable to accommodate on their own properties due to their homes being setback close to the right-of-way. Staff, in review of the project requested the applicant dedicate additional right-of- way from their property to widen 23rd Avenue to provide for designated on-street parking. The applicant voluntarily agreed to providing this additional roadway improvement. This on-street parking has the additional benefit of providing even more separation between traffic and pedestrians on the sidewalk.
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• A variety of conditions have been imposed related to traffic, see Section VI.B.14 for full description of the project’s traffic impacts and the City’s review.
• While not a condition imposed on the project, the project will provide nearly 2,000 linear feet of new sidewalk on both its 23rd Avenue and Taylor Street frontages. The City has on its Transportation Improvement Plan a project to provide sidewalk on 23rd Avenue between Milton Way and Taylor Street, planned to occur in 2022.15 This project provides a significant portion of the planned sidewalk infrastructure in this area, reducing the City’s cost burden.
• A height variance was originally proposed to allow the structure to be up to 45 feet in height. Staff identified that a variance to the height standard would be out of context with the surrounding land uses and unsupported, of which the applicant withdrew their request.
Staff understands the intent of a conditional use permit is to reasonably impose conditions that would allow the proposed use to be compatible with the surrounding area. No conditions that could be imposed would change the fact that the proposed use is non-residential and the surrounding area is residential. Staff understands that this is not the intent of the code and that the code provides for certain institutional uses such as churches and schools as conditionally permitted within residential zoning districts.
b. Would not be consistent with design criteria and standards;
APPLICANT The proposal will follow the City’s standards for landscape screening, RESPONSE: fencing, tree species, water retention, conservation, and accessibility. In addition, The City’s recommendations for traffic management and utilities are now incorporated into the infrastructure and site design. Although there are no design standards for buildings outside of the Uptown District, the building
15 City of Milton 6-Year Transportation Improvement Program, 2021-2026, https://www.cityofmilton.net/DocumentCenter/View/129/2021-to-2026-Six-Year-Transportation-Improvement-Program
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design will address the concerns of the community, city reviewers, and the needs of the client. In addition, we will listen closely to any further comments they have on the building design.
STAFF ANALYSIS: The City does not have design standards that apply to the property. The proposed development is consistent with the standards outlined in Title 17 of the Milton Municipal Code, as detailed in Section VIII.A.
c. Adversely affect the established character and planned character of the surrounding vicinity;
APPLICANT The established character of the surrounding vicinity is rural with RESPONSE: open swaths of land and a close connection with nature robust with wildlife. In regard for the future, the site is included in the City of Milton’s Visioning Report as a Neighborhood Infill site. The option of the site being used as a church is of course permitted by conditional use. Traditionally, Churches have been part of residential neighborhoods and rural areas. The proposal is comparable to a residential development in terms of character. The building itself will be buffered with vegetation and located a minimum of 140 feet from the property line, maintaining the ability observe wildlife, hear the wind in the trees, and generally be in touch with nature while near the site.
STAFF ANALYSIS: The established and planned character of the surrounding vicinity is largely residential; however, similar institutional uses have been established in close proximity to the site. Immediately abutting the property to the west is a similar use – the Kingdom Hall Jehovah’s Witness Church. The property also shares a property corner with the Fife School District’s campus – which includes three schools (a primary, elementary, and middle school), portables, ballfields, and parking.
As detailed in Section VII, the City’s Comprehensive Plan identifies the site as being located within the Residential Single-Family designation. The City’s Zoning Ordinance is required under the Growth Management Act to implement the City’s Comprehensive Plan. Within the City’s Zoning Ordinance, churches and schools are identified as conditionally permitted uses within the RS zoning district. Although the Comprehensive Plan identified this site as being a location for
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potential neighborhood infill, it is not the only use that the Comprehensive Plan and zoning code contemplate might occupy the site.
City staff understand that the purpose of a conditional use permit is to allow for careful consideration of design of the site to make the conditional use compatible with existing uses in the surrounding area. Some of the conditions and design considerations are detailed above in the response to item 2(a).
d. Be injurious to the uses, planned uses, property, or improvements adjacent to, and in the vicinity of, the site upon which the proposed use is to be located; and
APPLICANT The proposal will not be injurious to the uses or planned uses around RESPONSE: the site or vicinity. Regarding outdoor lighting, we have provided a Photometric Lighting Plan that illustrates how the design keeps lighting within the property. Consequently, based on comments we received from the community at the neighborhood meeting, we have revised the original Schematic Site Plan. We heard strong opposition to what was being viewed as an imposing building. In response, we have withdrawn the request for a variance to increase the building height to 45ft. Instead we will work within the parameters allowed in the zoning code for all buildings in the RS zone. In terms of noise, the church intends to be a good neighbor and be considerate of how their activities may affect their neighbors. The church has indicated that there will not be church activities during quiet hours and non- essential safety lights within the site will be turned off at night.
STAFF ANALYSIS: As detailed in the response to item 2(a) above, the proposed development would not be injurious to the uses, planned uses, property, or improvements adjacent to, and in the vicinity of, the site which the proposed use is to be located.
e. Introduce hazardous conditions at the site that cannot be mitigated to protect adjacent properties.
APPLICANT We are confident that we have addressed all potential hazards to RESPONSE: adjacent properties. So far, we have prepared a Critical Areas Report, Traffic Study, and Civil Engineering documents to address the potential hazards of wildlife displacement, increased traffic, and Page 68 of 81 Salvation Slavic Baptist Church | 2019-007
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water runoff. As well, we have listened closely to each comment from the City during their review; creating alternative site layouts, conceptual traffic analyses, and providing additional information such as a Photometric Lighting Plan to ensure that we are doing our due diligence and not creating a hazard that cannot be mitigated in the future.
STAFF ANALYSIS: Mitigation measures have been incorporated into the SEPA MDNS, as well as recommended to be included as part of the Hearing Examiner’s decision as detailed in this Staff Report. Based on the studies provided by the applicant and the City’s review and peer reviews, it is not anticipated that the proposed development would introduce hazardous conditions.
3. That all conditions necessary to lessen any impacts of the proposed use are conditions that can be monitored and enforced.
APPLICANT Please notify us of any conditions in the proposal that the City finds to RESPONSE: be unmonitorable or unenforceable and we will revise the proposal as needed.
STAFF Staff believes that the conditions contained within this Staff Report can ANALYSIS: be monitored and enforced.
B. TITLE 13 – PUBLIC SERVICES Staff has reviewed the preliminary civil plans and has determined that as designed they likely meet the requirements contained within Title 13 of the Milton Municipal Code. The applicant has proposed a large stormwater detention pond within the southwest corner of the site to meet the flow control and runoff requirements of the Department of Ecology Stormwater Management Manual for Western Washington (SWMMWW). Stormwater from the site’s impervious surfaces is depicted in Exhibit 13 as being piped to the detention pond before being released into the City’s stormwater system. Additionally, on-site stormwater management will be provided via Low Impact Development (LID) Best Management Practices (BMPS). Pervious pavement for walkways and bioretention swales within the parking area are proposed. The project will also be required to maintain the natural drainage systems on the site – of which there are two on-site wetlands which the site currently discharges to as well as Surprise Lake. Full compliance with the SWMMWW and Chapter 13.26 MMC will be determined and approved upon the issuance of Civil Plans. The approval of land use application should not be construed to usurp the applicant’s requirement to fully comply with the SWMMWW and Chapter 13.26 MMC.
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C. TITLE 18 – ENVIRONMENT The City identified a stream in the southeast corner of the site leading to Surprise Lake and required the applicant to complete a critical areas assessment and evaluation of critical areas that may be present within or immediately adjacent to the site. The report, prepared by Habitat Technologies (see Exhibit 12), identified two wetlands meeting the definition of a wetland in accordance with MMC 18.16.310. Both wetlands were determined to be Category IV wetlands in accordance with the Washington State Wetland Rating System for Western Washington (2014), requiring a 40-foot buffer.
The outlet for Surprise Lake was identified within the southeastern portion of the site as well. It was determined that this outlet eventually enters the Hylebos Creek system downstream. Habitat Technologies originally identified this stream as a non-fishbearing stream (Type N) according to the Washington Department of Fish and Wildlife (WDFW) stream typing map requiring a protective buffer width of 65 feet. However, a peer review of this document conducted on behalf of the City by Herrera Environmental Consultants identified that Surprise Lake Tributary is documented as fish bearing throughout its length. A site visit conducted by a Washington Department of Fish and Wildlife Habitat Biologist (Exhibit 38) and Habitat Technologies did identify juvenile Coho salmon present within the outlet of Surprise Lake, requiring a standard buffer of 115 feet for Type F (fish bearing) waters). Both the Critical Areas report (Exhibit 12) wetland mitigation plan (Exhibit 20) were updated to reflect the provision of a 115 feet protective buffer around Surprise Lake Tributary.
Due to the wetlands and streams present on the property, conformance with the standards contained within MMC 18.16 is necessary. A critical areas report was submitted by the applicant in association with their conditional use permit, site plan and SEPA application. The land use administrator, or his or her designee, has the authority to interpret and apply the provisions contained within MMC 18.16. Below is a summary of conformance with the standards contained within that chapter.
MMC 18.16.320 Performance standards. (Wetlands)
A. Activities and uses shall be prohibited from wetlands and wetland buffers, except as provided for in this chapter. Activities may only be permitted in a wetland or wetland buffer if the applicant can show that the proposed activity will not degrade the functions and values of the wetland and other critical areas, or that the impacts to the functions and values will be fully mitigated.
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STAFF ANALYSIS: Activities and uses are located outside of the wetlands and their buffers, with the exception that an unavoidable filling of Wetland A (235 square feet) and its buffer (1,736 square feet). The removal of stream buffer within the area of right-of-way dedication (3,868 square feet) is necessary in order to install the required roadway improvements to 23rd Avenue. Compensatory mitigation for these unavoidable impacts is provided through the onsite enhancement of the Surprise Lake Tributary stream buffer, for a total of 7,014 square feet of enhancement. The applicant will be required to apply for and obtain a Joint Aquatic Resources Permit Application (JARPA) and/or a Hydraulic Permit Application (HPA) with the Army Corps of Engineers prior to civil plan approval for activities within the wetland, though the proposed activities are in accordance with this code.
B. Category III and IV wetlands less than 4,000 square feet may be exempted or partially exempted from the provisions of this chapter and may be altered by filling or dredging as outlined below.
STAFF ANALYSIS: The wetlands do not meet the size threshold for full or partial exemption.
C. Wetland Buffers.
STAFF ANALYSIS: The City’s standard buffers of 40’ have been applied in accordance with MMC 18.16.320.C.
Wetland mitigation is proposed for Wetland A to include compensation for unavoidable impacts to the wetland and its buffer with 7,014 square feet of enhancement within the buffer of Surprise Lake Tributary. Performance bonds and a 5-year monitoring period will also be required as part of the conditions contained within this staff report to ensure successful reestablishment of vegetation within the buffer following construction of the proposed school.
D. Signs and Fencing of Wetlands.
STAFF ANALYSIS: The applicant’s permit plan set does not denote whether fencing or signage is proposed. As a condition of the MDNS, which has been incorporated into this staff report, fencing and signage will be required to ensure that unauthorized intrusion and future impacts to the wetland do not occur.
MMC 18.16.640 Performance standards. (Fish and Wildlife Habitat Conservation Areas)
A. Alterations Prohibited. Land development and use shall be prohibited from habitat conservation areas and their buffers, except in accordance with this chapter.
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STAFF ANALYSIS: The applicant’s proposal for on-site development does not include any land development or use within the habitat conservation areas or their buffers. However, the applicant’s required frontage improvements will result in minor impacts to the buffer of Surprise Lake Tributary. Mitigation is proposed to include enhancement within the outfall areas of Surprise Lake Tributary. No alterations or activities within the boundary of Surprise Lake Tributary are proposed.
B. Mitigation Shall Result in Contiguous Corridors. When mitigation is required to offset impacts, mitigation sites shall be located to preserve or achieve contiguous wildlife habitat corridors to minimize the isolating effects of development on habitat areas, so long as mitigation of aquatic habitat is located within the same aquatic ecosystem as the area disturbed.
STAFF ANALYSIS: Mitigation proposed for impacts to the buffer of Surprise Lake Tributary as a result of roadway improvements include buffer enhancement within the existing buffer of the stream, meeting the requirement for mitigation to occur within the same corridor/ecosystem as the area disturbed.
C. Approvals of Activities May Be Conditioned. The city shall condition approvals of activities allowed within or adjacent to a habitat conservation area or its buffers, as necessary, to minimize or mitigate any potential adverse impacts. Conditions may include, but are not limited to, the following:
STAFF ANALYSIS: Conditions have been proposed as part of this staff report to require that any potential adverse impacts of land development adjacent to habitat conservation areas is minimized or mitigated in accordance with the Critical Areas Report (Exhibit 12).
D. Buffers.
STAFF ANALYSIS: The City’s standard buffer of 115 feet for Type F water bodies has been applied to Surprise Lake Tributary in accordance with MMC 18.16.460.D.
E. Signs and Fencing of Habitat Conservation Areas. In accordance with MMC 18.16.320(D).
STAFF ANALYSIS: The applicant’s permit plan set does not denote whether fencing or signage is proposed. As a condition of the MDNS, which has been incorporated into this staff report, fencing and signage will be required to ensure that unauthorized intrusion and future impacts to the stream do not occur.
F. Subdivisions. In accordance with MMC 18.16.340.
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STAFF ANALYSIS: Subdivisions are not proposed.
G. Anadromous Fish.
STAFF ANALYSIS: A recommended condition of approval is proposed as part of this staff report to require that any potential adverse impacts of alterations within the water body of Surprise Lake Tributary to anadromous fish be minimized or mitigated in accordance with this subsection.
H. Allowed Uses. The following specific activities may be permitted within a riparian habitat area, pond, lake, water of the state, or associated buffer when the activity complies with the following standards and the adopted shoreline master program:
STAFF ANALYSIS: The proposed use within the buffer of Surprise Lake Tributary is construction of a roadway, which is an allowed use pursuant to MMC 18.16.640.
IX. PUBLIC COMMENTS
A. NEIGHBORHOOD MEETING On May 29, 2019, the City held the required neighborhood meeting in the City Council Chambers. Notice was given in accordance with MMC 17.71.090. According to the sign in sheet, 54 members of the public were in attendance. In attendance from the City was Brittany Port (Contract Senior Planner). Representing the applicant was James Guerrero and Ricky Burns (James Guerrero Architects) and the property owner (Andrey Chepel).
A second neighborhood meeting was held at the request of the applicant following resubmittal and updating of the application materials to respond to community concerns on January 8, 2020. According to the sign in sheet, 35 members of the public were in attendance.
B. WRITTEN COMMENTS Not including comments received as part of the SEPA MDNS comment period, the City received 43 written comments on the proposed project from 34 members of the public. While the comments received are included as exhibits to this staff report (Exhibits 74-116), some of the main themes from the comment letters are summarized below:
• Scale of the Proposed Development – Several of the comment letters refer to the scale of the proposed development being in consistent with other non-residential uses in the Residential Single-Family (RS) zone. Additional comparisons have also been provided of the size of non- residential uses located in other zones in the City. Some comparisons with other churches in the RS zone include:
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o Mission Woods – a 12,199sf building with 68 parking stalls on a 7.24 acre site, with pre- school
o Kingdom Hall Jehovah’s Witness – a 3,202sf building with 65 parking stalls on a 1.29 acre site
o Beautiful Savior – a 9,658sf building with 111 parking stalls on a 5.41 acre site, with a pre-school
• Neighborhood Character – Several of the comment letters refer to the City’s Comprehensive Plan Vision and Policies referring to the City’s “Small-Town” feel and existing residential character. The comment letters express concern with allowing such a large church within the City’s Residential Single-Family zoning district and suggest that such a large use does not meet the definition of a “community church”, and should be sited within the commercial or industrial zoning districts of the City. It should be noted that the City’s Zoning Code does not provide a definition of a “community church” or distinguish institutional uses based on size.
• Public Safety – Many of the comment letters reference existing public safety concerns over the pedestrian environment on 23rd Avenue and Taylor Street and existing hazards due to the narrow road width and speeding, citing that the proposed project would bring even more vehicles to the area creating a more dangerous environment for pedestrians.
• Traffic – Several comment letters cite that the transportation infrastructure in the immediate vicinity is unable to accommodate the increased traffic that would result from church services or events. Concerns over queuing to enter/exit the site would generate adverse impacts and that speeding may occur.
• Stormwater/Surface Water – Several comment letters cite concern over impacts to the on-site wetlands as well as Surprise Lake. Concerns were shared that Surprise Lake relies on surface water flows to maintain its water level. Additionally, concerns were shared that the existing pasture field provides surface water treatment that cannot be matched by engineered stormwater facilities.
• Impacts to Septic Systems – Several property owners in the vicinity have shared concerns that an increase in stormwater runoff would adversely affect their septic systems.
• Impacts to the City’s Housing Capacity – Concerns were shared that converting property zoned for residential uses would have an adverse impact on the City’s housing capacity to meet Growth Management Act (GMA) requirements.
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• Conditional Use Permit Criteria – Most comment letters reference that the project does not conform to all of the City’s CUP criteria, which is a requirement of the CUP being approved, and thus should be denied.
This is not intended to be an all-encompassing summation of the comments received on the proposal and Exhibits 74-116 should be consulted.
X. CONCLUSIONS AND FINDINGS
1. The property is located at 1707 23rd Ave (Pierce County parcel no. 0420043007).
2. The applicant proposes to construct a 92,000sf church with 2,000-person sanctuary, 7,500sf gym, and a 30- classroom school. 546 parking stalls are proposed. An existing single-family residence on the property will be removed. The site includes two on-site category IV wetlands and a Type F stream. The applicant will dedicate right- of-way to construct frontage improvements along the property’s frontage on 23rd Avenue and Taylor Street which on 23rd Avenue, which include curb, gutter, sidewalk and also include on-street parking on 23rd Avenue to mitigate for the loss of shoulder parking. Stormwater will be detained and treated in an on-site detention pond. 214 trees are located on the property. 47% of the trees will be removed to allow for the proposed development. 257 trees will be planted as replacement trees for removed significant trees. Two vehicular access to the site will be provided – one on Taylor Street and one on 23rd Avenue.
3. The site is currently used as a single-family residence.
4. The applicant submitted an application for concurrent Conditional Use Permit Approval, Site Plan Approval, and SEPA environmental review to construct the church and associated improvements on April 10, 2019. The application for Conditional Use Permit Approval, Site Plan Approval, and SEPA environmental review were determined to be complete on April 17, 2019.
5. The application included submittal of the City’s master application, preliminary civil engineering plans, landscape plans, lighting plan, preliminary site plan, SEPA checklist, certificates of water, sewer and electric availability, preliminary stormwater site plan, traffic impact analysis, critical areas report, and payment of applicable fees.
6. The application originally included a request for a variance from the maximum height limit in the RS zoning district of 35 feet. The applicant rescinded this request during the review process adjusting the design of the structure to fall within the City’s maximum height limit.
7. Timely notice of the application was posted in accordance with MMC 17.71.120 on April 26, 2019. A notice was mailed to surrounding property owners within 500 feet of the project site, sent to SEPA agencies, published in The Tacoma News Tribune, and posted on a board on the site.
8. Notice of a neighborhood public meeting was published in accordance with MMC 17.71.090 on April 29, 2019. The neighborhood public meeting was held on May 29, 2019 at City Hall.
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9. A second neighborhood public meeting was held on January 8, 2020 at the applicant’s request to present modifications made to their proposal. The notice of this meeting was published in accordance with MMC 17.71.090 on December 18, 2019.
10. The City received 61 comments on the application from the public, and 5 comments on the application from SEPA agencies.
11. The applicant identified no potential cultural or historical areas on this site. The Washington State Department of Archeology and Historic Preservation and its WISAARD resource identify no potential cultural or historic resource on site. If during construction any artifacts are uncovered the Puyallup Tribe, Muckleshoot Tribe and the Washington State Historic Preservation Office in Olympia will be notified.
12. The subject site contains Surprise Lake Tributary and two on-site wetlands. Surprise Lake Tributary is classified as a Type F stream requiring a 115-foot buffer under MMC 18.16.640.D.2. Both of the on-site wetlands are considered Category IV wetlands subject to the 40-foot standard buffers under MMC 18.16.320.C.1, Table 1. A critical areas report and wetland mitigation plan were prepared by Habitat Technologies on September 10, 2018 and subsequently revised on June 23, 2020 based on review conducted on behalf of the City by Herrera Environmental Consultants on April 16, 2020.
13. The subject site is within 200’ of the ordinary high water mark of Surprise Lake, a “shoreline of the state” under RCW 90.58.030 subject to the City’s Shoreline Master Program. Setbacks from the shoreline do not apply to development separated from the shoreline by a public roadway. The applicant has not applied for a shoreline substantial development permit, though one will be required as the project’s construction costs will exceed the cost thresholds for a shoreline substantial development permit.
14. As identified in the SEPA checklist, traffic volumes generated by the proposal will result in impacts to the local road network. It was, therefore, necessary for the applicant to complete a Traffic Impact Analysis (TIA). A TIA was prepared by Heath & Associates, Inc., dated March 14, 2019, and reviewed on behalf of the City by two traffic engineering consultants, Transportation Solutions, Inc. (TSI) who reviewed the TIA on June 7, 2019, and Transpo Group, who reviewed the TIA on February 17, 2020 and May 13, 2020. The applicant revised the TIA in response to reviews by TSI and Transpo Group and resubmitted to the City on November 21, 2019 and April 24, 2020. Based on ITE data, the proposed church is anticipated to generate a total of 270 AM, 96 PM and 919 Sunday peak hour trips. No LOS deficiencies are identified as a result of the proposed development.
15. Notice of the required public hearing meeting was published in accordance with MMC 17.71.090 on February 9, 2021, more than fifteen days prior to the date and time of the hearing.
XI. RECOMMENDATION
The City presents its findings to the Hearing Examiner for consideration in his decision. The City hereby recommends approval of the proposal, as conditioned below.
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XII. CONDITIONS
The following conditions are imposed as a result of review and analysis of the proposal. The following conditions have allowed the City to recommend approving this proposal. All conditions of approval shall be satisfied prior to issuance of a Certificate of Occupancy for the project.
A. CONDITIONS IMPOSED FROM THE MITIGATED DETERMINATION OF NON-SIGNIFICANCE TRAFFIC 1. The applicant will be responsible for dedicating right-of-way and constructing frontage improvements along its 23rd Avenue and Taylor Street frontage. These will consist of the standard frontage improvements pursuant to Chapter 12.24 MMC of half street improvements including curb, gutter and sidewalk, as well as on-street parking along 23rd Avenue to mitigate for the loss of shoulder parking.
2. To mitigate transportation impacts in the City of Milton, the project will contribute to the City’s Traffic Impact Fee program. Per Ordinance No. 1982-20, the current traffic impact fee is $4,380 per PM peak trip. The project will contribute 96 new PM peak trips to the City’s road network. As currently calculated, the total fee would be $420,480. The total fee will be calculated at the time of building permit issuance and may increase as the City’s adopted traffic impact fee increases. The applicant will be responsible for contributing towards the traffic impact fee program at the adopted rate for 96 new PM peak trips.
3. At any time in the future, should a revision to the proposed development result in an increase in traffic above the calculated trip generation of 96 new PM peak trips, the project shall undergo an additional concurrency test pursuant to MMC 17.75.060, which may require additional mitigation to transportation facilities or payment of traffic impact fees.
4. Per Chapter 17.52 MMC, 334 parking stalls are required for the use of the site as a church and K-12 private school. The site will provide 546 parking stalls, in excess of the City’s minimum parking requirements. However, the applicant has acknowledged the possibility of special events in which parking demand may exceed the number of parking spaces provided on site (weddings, funerals, other organization events). The applicant shall be required to prepare a parking management plan to address parking for special events prior to the issuance of certificate of occupancy. The parking management plan shall include a requirement to notify the City of special events which may have an adverse effect on the City’s transportation network, and provide mitigation for these events through the use of off-site shuttling, or traffic control personnel, as appropriate and agreed upon with the City.
5. The applicant’s driveway on 23rd Avenue shall be signed as an “exit only” and shall not be used for ingress into the site aside from emergency vehicle access. The applicant shall revise the TIA to reflect controlled access to the site via 23rd Avenue and Taylor Street. If the TIA results in recommendations for additional mitigation due to the restricted access, the applicant shall comply with those recommendations. The City may revisit and make changes to the access points and restrictions imposed herein after the site has been in operation.
6. The vertical profile of improvements to 23rd Avenue shall be designed to accommodate the City’s Surprise Lake Outfall Fish Passage project.
7. Once the project is complete and has been in operation for one year, the applicant shall conduct a traffic study for Taylor Street and 23rd Avenue. If there are adverse impacts to the neighborhood, such as speeding, parking, Page 77 of 81 Salvation Slavic Baptist Church | 2019-007
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noise, or light spillage complaints, the applicant shall be required to install traffic calming devices. The applicant may elect to conduct a traffic study of pre-existing conditions to compare to the post-construction traffic study as a baseline.
CRITICAL AREAS 8. The proposed project will not result in impacts to regulated wetlands, wetland buffers, streams or stream buffers within the project site. However, the required frontage improvements to 23rd Avenue will result in impacts to Wetland A, the buffer of Wetland A, and the buffer of the Type F stream (Surprise Lake Tributary). The applicant will minimize impacts to the critical areas using the performance standards in MMC 18.16.320 and will establish additional buffer on-site through the use of buffer averaging. The applicant will also perform enhancements to the wetland and its buffer in accordance with the Wetland Mitigation Plan.
9. A maintenance and monitoring plan for buffer enhancement shall be prepared in accordance with MMC 18.16.160. A performance bond shall be submitted to the City prior to the issuance of building permits that guarantees that the wetland mitigation work in accordance with the submitted wetland mitigation plan through onsite wetland enhancement.
10. The owner shall contract with a qualified wetland biologist to monitor the buffer enhancement once a year for the next five (5) years. The qualified biologist shall submit a report summarizing his/her findings in accordance with the approved wetland mitigation plan to the City for review each year.
11. Critical areas present on the site shall be appropriately delineated and fenced during construction to ensure they are not adversely impacted during construction.
12. Following construction, fencing shall be provided along the edge of the wetland and stream buffers. The fence shall have signage placed every 50 feet with the following language:
“Protected Wetland Area Do Not Disturb Contact the City of Milton, Community Development Department, 1000 Laurel Street, Milton, WA Regarding Uses and Restrictions”
13. The site lies within a wellhead protection area. The applicant will prepare and submit a hydrogeologic assessment report as required for critical aquifer recharge areas prior to civil permit issuance.
14. The applicant shall dedicate to the City of Milton a perpetual access/maintenance easement around the portion of the site containing Surprise Lake Tributary and its buffer, including the new stream channel that will be created following the City’s Surprise Lake Outfall Fish Passage project and the trail to be constructed under Mitigation Measure #16 below; this easement shall be recorded on title and shall run with the land. The City may also require a temporary construction easement (TCE) around a larger area of the site as the City begins its project to replace the outfall of Surprise Lake under 23rd Avenue, as identified in the City’s Capital Improvement Plan (CIP). The City’s CIP project will result in an improvement to the Surprise Lake Tributary and the outfall to Surprise Lake that will include making it fish passable. Surprise Lake Tributary is a Type F stream that crosses the property from the northeast to the southwest within the southeastern portion of project site. From the northeast, the stream enters the property in a pipe and eventually daylights in a swale that crosses the property until it reaches Taylor Street.
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Improvements to the outfall include replacing the piped portion of the stream with a culvert that meets the State’s requirements for fish passage. The TCE will allow the City to complete its CIP project by removing the piped portion of the stream on the applicant’s property, and the access/maintenance easement will ensure perpetual maintenance of the stream and its buffer.
SHORELINES 15. The applicant will be required to submit application to the City for a Shoreline Substantial Development Permit, as applicable, pursuant to the City’s Shoreline Master Program for improvements to the site within 200’ of the ordinary high water mark of Surprise Lake. These include improvements to 23rd Avenue, as well as site parking.
RECREATION 16. A trail will be provided within the southeast corner of the site within the buffer of Surprise Lake Tributary, which will provide an option for pedestrians to cut the corner of 23rd Avenue and Taylor, enjoy a nature walk along the enhanced stream and wetland, and distance themselves from traffic. The trail shall be constructed in accordance with the City’s Critical Areas Ordinance.
NOISE 17. The City’s Municipal Code (Chapter 9.37) requires that the maximum permissible sound levels for the property be limited to 55dBA between 7:00am and 7:00pm. These limits are reduced to 45dBA during the nighttime hours. The applicant shall notify the City of Milton if noise is proposed to occur outside of the hours of 7:00am and 7:00pm.
18. To mitigate noise and aesthetic impacts to adjacent residential uses the applicant shall construct a 20-foot wide landscape buffer modeled on Pierce County’s L3 full vegetative screen for the entire perimeter of the property. In addition, a minimum 6-foot tall solid screen fence shall be provided along the western property line and northern property line (up to the buffer of Wetland A) to provide a noise barrier for the homes on 20th Avenue and existing residences to the north. Both a fence and landscape berm were evaluated for the eastern property line along 23rd Avenue; however, the setback of the building and provision of a dense vegetative screen was determined to be sufficient for buffering of noise and aesthetic impacts. If after construction, noise from the proposed use exceeds the maximum limits set forth in Chapter 9.37 MMC, an acoustical expert shall be consulted to provide recommendations for additional mitigation.
LIGHTING 19. After installation of all improvements, a night time lighting test shall be performed. All lights shall be tuned such that they do not spill light onto neighboring properties. A report completed by a qualified professional shall be submitted to the City certifying that all lights have been tuned to avoid light spillage. If tuning of the lights cannot reduce all lights spillage, additional landscaping or buffering considerations shall be considered and implemented at that time.
OTHER 20. If during construction any artifacts are uncovered the applicant shall follow the Inadvertent Discovery Plan (IDP) procedures and shall notify the Department of Ecology, the Puyallup Tribe, the Muckleshoot Tribe and the Washington State Department of Archeology and Historic Preservation.
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21. Compliance with all applicable City codes is required during and following any site development activity, including MMC 13.26 (Storm Drainage of Surface Water – Utility, Management and Maintenance).
22. A Temporary Erosion and Sedimentation Control (TESC) plan must be submitted with a SWPPP prior to clearing and grading permit issuance. This plan shall be approved by the City’s Stormwater Official and implemented during site preparation activities.
23. The applicant shall provide adequate site control measures for erosion control while grading the site, including site stabilization measures to stabilize the site after clearing and grading is complete.
B. RECOMMENDED CONDITIONS OF APPROVAL 1. The project shall comply with all of the mitigation measures contained within the City’s Mitigated Determination of Non-Significance (MDNS), contained in Section XII.A above.
2. In accordance with Mitigation Measure #5 above, the applicant has prepared an addendum to the Traffic Impact Analysis (see Exhibit 11.1) that addresses the requirement that the driveway on 23rd Avenue be used for egress, only. After preliminary review a westbound right-turn lane on Taylor Street has been determined to be warranted. The applicant shall design the turn lane and submit to the City for approval prior to civil permit issuance. The applicant shall also update all of the associated plans (site plan, landscaping plan, etc.) to reflect this change and submit to the City prior to civil permit issuance.
3. After the church has been in operation, the applicant shall conduct a traffic study to verify the traffic counts contained within the Traffic Impact Analysis (Exhibit 11) and Traffic Impact Analysis Addendum (Exhibit 11.1).
4. After the church has been in operation, the applicant shall conduct a parking lot utilization study to verify the number of parking stalls occupied during peak use. The applicant shall count the number of occupied parking stalls on five different Sundays during service and provide a report of their findings to the City. If parking demands exceed 90% of the parking supply during a Sunday service, the applicant shall implement the strategies contained within the parking management plan required by Mitigation Measure #4 above.
5. Within the northwest portion of the site, a playfield has been identified. This playfield shall be used only by school children during recess/activities. Any formalization of the field for use outside of school hours (Monday-Friday) or for use by others (renting out the field to sporting groups), addition of artificial turf, or provision of any permanent seating (benches/bleachers) shall require the owner to apply for site plan review and a conditional use permit prior to any attempt to initiate this use.
6. Access to the trail required by Mitigation Measure #16 shall not be restricted from 23rd Avenue and Taylor Street. Its lawful use by the general public shall not be restricted in any manner (by signage, etc.). The trail shall be maintained in a manner consistent with its recreational use.
7. All activities, uses, and alterations proposed to be located in water bodies used by anadromous fish or in areas that affect such water bodies shall adhere to the following standards:
o Activities shall be timed to occur only during the allowable work window as designated by the Department of Fish and Wildlife for the applicable species;
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o Shoreline erosion control measures shall be designed to use bioengineering methods or soft armoring techniques according to an approved critical areas report.
8. A maintenance agreement shall be prepared and submitted to the City for review prior to building permit issuance. The maintenance agreement shall stipulate the property owner’s obligation to maintain parking areas and stormwater facilities in accordance with City standards.
9. Street lighting required as part of the applicant’s frontage improvements is required to be designed and installed in accordance with the City’s standards.
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