After several months of litigation, the city of Sumner and Calvary Community Church have reached an agreement on the church’s expansion project.

The church applied for a conditional use permit (CUP) in January 2008 in order to expand the existing church and construct new buildings on the grounds.

Sumner hosted a public hearing on the matter in February 2009 and the presiding hearing examiner issued his decision March 19, 2009, granting the permit to the church.

Upon appeal, the council conducted a closed-record hearing in which a resolution was drafted and modified the hearing examiner’s decision and denied much of the proposed project.

In response, the church appealed the city council’s decision to Pierce County Superior Court in January. The church claimed in the appeal Sumner’s decision conflicted with the federal Religious Land Use and Institutionalized Persons Act.

At a special council meeting, Sumner City Attorney Bret Vinson said like any compromise, it’s one in which both parties are not entirely pleased.

Sumner and the church decided to resolve the issue by reducing the project’s scope. This agreement, known as the Revised CUP Site Plan, entails a number of alterations to the original expansion plan.

Among these changes are the allowing of the new sanctuary to be built, but with the total square footage of the sanctuary to be 78,150 square feet.

The seating at the sanctuary is to be limited to 1,527 seats on the main level and the seating cannot be expanded. On the second story of the sanctuary, there is no seating and the rooms are not to open to the main level for viewing purposes.

Renovation of the existing main building is permitted, but the completed project is not to exceed 29,600 square feet. Future expansion is only allowed at this building in the form of a 2,000 square-foot kitchen.

The multi-purpose room is to be used for such activities as Bible study, worship and education. The size of the education center is to be 28,000 square feet, smaller than the original plan. In the appeal of the council’s first decision, the church stated the city impeded the practice of religion by limiting the project.

Vinson said it’s difficult within the law to determine whether the exercise of religion is being impeded because it isn’t as simple as whether a group is permitted to practice their religion, but may include matters related to the exercise of religion.

By this definition, he said, the denial of a request for a classroom at a religious institution could be construed as denying the free exercise of religion because it could be proven to hamper the religious education of children.

During the public comment periods of the hearings, citizens expressed their concerns regarding the project’s effect on Sumner. One of the biggest concerns was the traffic increase in an area which already has a heavy flow at peak hours. To curb the traffic in the area, the agreement establishes guidelines on when church events may start and end. According to the agreement,”Regularly scheduled Church functions will not commence or conclude during the weekday pm peak traffic hours between 5 pm to 6 pm without prior written approval from the City’s Public Works Director.”

Church parking is lessened from 840 spaces as planned, to 730 stalls. In the agreement, the church pays $50,000 to a traffic mitigation fund. The fund is to adjust the timing of traffic signals in the area and to pay for the cost of maintenance of a new signal at the north entrance of the facility.

Applause followed the unanimous approval of the agreement’s adoption at the meeting.

“This has been a lot of work and a lot of people have worked hard,” Mayor Dave Enslow said.