Ord 98-331�
ORDINANCE NO. 98-331
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A
DEVELOPMENT AGREEMENT WITH THE
WEYERHAEUSER COMPANY AND THE FEDERAL WAY
FIRE DISTRICT NO. 39.
WHEREAS, RCW 35A.14.010 authorizes the City of Federal Way to annex any
portion of a county not incorporated as part of a city or town but lying contiguous to the City of
Federal Way; and
WHEREAS, on May 27, 1998, pursuant to RCW 35A.14.120, the Weyerhaeuser
Company, as owner of not less than ten percent (10%) in assessed valuation of the property proposed
for annexation, as certified by the City Clerk, filed a Notice of Intention to Petition for Annexation
to the City of Federal Way approximately 25.7 acres ofproperty ("AnnexationProperty") contiguous
to a north boundary of the City of Federal Way; and
WHEREAS, Weyerhaeuser had already requested, on January 26, 1998, that a
Comprehensive Plan and zoning designation be applied to its property; and
WHEREAS, the Federal Way Fire District No. 39 is the owner of property adjacent
to the property Weyerhaeuser seeks to have annexed by the City; and
WHEREAS, the City Council determined to add the Fire District property to the
annexation area, and
WHEREAS, on July 21,1998, the City Council accepted the 10% Petition, authorized
the preparation of a Petition for Annexation as modified by addition of the Fire District Property,
ORD # gg _��� , PAGE 1
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required adoption of a Comprehensive Plan and zoning designation prior to or concurrent with the
annexation, required the assumption of a pro rata proportion of existing City indebtedness by the
area to be annexed, and required preparation of a development agreement pursuant to RCW
36.70B.170; and
WHEREAS, the annexation action is exempt from all environmental review pursuant
to RCW 43.21C.222; and
WHEREAS, on August 21,1998, Weyerhaeuser submitted a Petition for Annexation,
which the City Clerk has certified as containing the signatures of the owners of at least sixty (60%)
of the assessed valuation of the property proposed for annexation; and
WHEREAS, on November 17, 1998, the City Council held a public hearing, after
public notice as required by law, on the proposed annexation of the subject property, and on the
proposed development agreement between the City, Weyerhaeuser, and the Fire District; and
WHEREAS, on November 17, 1998, the City Council adopted Resolution No. 98-
279, declaring and giving notice of its intention to annex the subject property; and
WHEREAS, in anticipation of annexation and pursuant to RCW 36.70B.170, the
City, the Weyerhaeuser Company and the Federal Way Fire District negotiated a development
agreement, a copy of which is attached hereto as E�ibit A and incorporated by reference;
WHEREAS, the City Council considered this Ordinance at its November 17, 1998
and December 1, and December 15, 1998 meetings; and
WHEREAS, the City Council finds that it would promote the health, safety and
welfare of the citizens of Federal Way to: (1) approve and authorize the City Manager to execute a
development agreement between the City, the Weyerhaeuser Company and the Federal Way Fire
ORD # AR-��� , PAGE 2
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District; and (2) annex the Annexation Property
.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findin�s. The City Council hereby finds that:
A. The proposed development agreement limits the density of the Annexation Property
by requiring that any development of the property owned by the Weyerhaeuser Company be limited
to a density no greater than 6 units per gross acre, and constructed in the form of either detached
single-family dwellings or attached single-family condominium townhomes. These proposed
development agreement places the same limitations upon any change of use of the Fire District's
property.
B. The limitations will produce a density that is lower than what would otherwise be allowed
under existing King County zoning regulations, or under the RM 3600 Federal Way zoning
designation requested by the Weyerhaeuser Company for the Annexation Property.
C. The proposed development agreement also provides for the vesting of a Weyerhaeuser
development application to the City of Federal Way zoning regulations, rather than King County's
zoning regulations.
D. The proposed development agreement will not be detrimental to existing or potential
surrounding land uses as defined by the Comprehensive Plan, because any development will be
subject to existing Federal Way City Code provisions concerning drainage, landscaping, parking,
traffic, height, noise, and future use. These provisions protect the existing and potential surrounding
land uses from any potential adverse impacts.
E. In light of the Findings in subsections 1.A - l.D above, the proposed development
ORD # qg_331 � PAGE 3
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agreement bears a substantial relation to the public health, safety, and general welfare of the City.
Section 2. Conclusions of Law. Based on the Findings of Fact set forth in Section
1 above, the development agreement is consistent with the criteria set forth in RCW 36.70B.170.
Section 3. Development Agreement. The City Council hereby authorizes the City
Manager to enter into the development agreement attached as Exhibit A hereto, and to take all
further and necessary action required by the development agreement.
Section 4. Severabilitv. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall be effective thirty (30) days after
passage and publication as provided by law.
PASSED by the City Council of the City of Federal Way this 15th day of
December ,1998.
CITY OF FEDERAL WAY
`
eJ^ -'�J
MAYOR, RON GINTZ
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CITY CLERK, N. CHRrSTINE GREEN, C'1GIC
APPROVED AS TO FORM:
��� � _ _ �:
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK: 11 / 16 / 9 8
PASSED BY THE CITY COLTNCIL: 12/15/98
PUBLISHED: 12 / 18 / 9 8
EFFECTIVE DATE: 1/ 17 / 99
ORDINANCE NO. 98-331
K:\CD\ORDIN\DEVELAGR. WYH
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ORD #� Q _ � � � , PAGE 5
After recording, return to:
töff2>lf
Federal Way City Attorney's Office
33530 Is! Way S.
Federal Way, WA 98003
DEVELOPMENT AGREEMENT BETWEEN
CITY OF FEDERAL WAY, WEYERHAEUSER CORPORATION
AND FEDERAL WAY FIRE DISTRICT NO. 39
This Agreement, made and entered into this 15 day of Dee, 1998, by and between the
Weyerhaeuser Corporation, a Washington corporation ("Weyerhaeuser"), and Federal Way Fire
District No. 39 ("District"), on the one hand, and the City of Federal Way, Washington, a
municipal corporation ("City"), on the other (collectively "the parties").
RECITALS
A. Weyerhaljuser is the owner of certain undeveloped real property ("Weyerhaeuser
Property") located withip King County but within the Potential Annexation Area of the City of
Federal Way. The Weyhhaeuser Property located north of and adjacent to S. 320th Street and
is specifically described ~n Exhibit "A" attached hereto and incorporated herein.
B. The District is the owner of certain real property ("District Property") located in
King County and within the Potential Annexation Area of the City of Federal Way. The District
Property, currently devdIoped with a fire station, is legally described as the south 250 feet of
Tract 7, Midway Suburb~n Tracts, according to the plat thereof recorded in Volume 38 of Plats,
Page 40 in King County; Washington. The District Property is also included within the legal
description contained in Exhibit A, attached hereto and incorporated herein.
C. Weyerhaeltser and the District have requested that the City of Federal Way annex
the Weyerhaeuser and Di*trict Property, and have submitted a petition requesting the same signed
. by the owners of more 14m 60% of the assessed value of the two Properties (60% Petition).
D. The City~s willingness to accept the 60% Petition, and to submit a Notice of
Intention to Annex the I1'roperty to the Washington State Boundary Review Board for King
County, is conditioned tjpon limitations on density of development or redevelopment of the
Weyerhaeuser and Distri4t Property necessary to protect the public health, safety and welfare.
E. The City hþ authority under RCW 36.70B.170-.2IO to enter into a development
agreement as part of a proposed annexation, to set development standards to govern development
and use of the property tq be annexed. The City also has authority under RCW 39.34 to enter
into an interiocal agreemt1nt with another governmental entity.
NOW, THEREFqRE, for and in consideration of the City's acceptance of the 60%
petition, the parties agree þs follows:
81. {ell' bì + A 1;; ad :>P(N-i
Development AgreemeIllt
City of Federal Way, Fire District and Weyerhaeuser Corporation - S. 320th Property
Page 2
1. DeveloDment of Weverhaeuser ProDerty. Weyerhaeuser covenants and agrees
that, regardless of the 'density or uses available under the zoning designation applicable to
Weyerhaeuser Property, Weyerhaeuser will limit any development of the Weyerhaeuser Property
to no more than 82 dwelling units, at a density no greater than 6 units per gross acre, calculated
prior to deduction of areas required for public street right -of-way. Weyerhaeuser further
covenants and agrees that the principal use of any development wìll be detached single-family
dwelling units (either as fee simple or condominiums), and that, if condominiums, the declaration
of condominium executed and recorded under RCW 64.34.216(n) will include the requirement
that, for a period of one year following the initial sale of each individual dwelling unit, that unit
may be occupied only by the unit owner(s) of record andlor their immediate family, if any. In
the event that development of up to 82 detached single-family dwelling units is not feasible, by
reason of topography or application of Federal Way City Code requirements or other applicable
regulations, the principal use of development may be, if allowed by applicable code provisions,
up to 106 attached single-family dwelling units, constructed as townhomes and owned as
condominiums, at a density no greater than 6 units per gross acre and calculated prior to deduction
of areas required for public street right-of-way. For purposes of this agreement, "townhome"
means a series of single..family dwelling units constructed in a row no greater than 120 feet in
length, where: (a) each unit has its own front entrance to the outside; (b) no unit is located over
or under another unit; and (c) each unit is separated from any other adjacent unit by one or more
vertical, common, fire-resistant walls. For purposes of this agreement, "condominium" shall have
the meaning set forth in RCW 64.34.020(9).
2. Redevelopment of District ProDerty. The District covenants and agrees that the
principal use of the District Property will be for a fire station. If the District or its heirs,
successors or assigns detennine to change the principal use of the District Property to a residential
use, regardless of the density or uses available under the applicable zoning designation any
redevelopment of the District Property will be limited to a density no greater than 6 units per
gross acre, calculated prior to deduction of areas required for public street right-of-way. The
District further covenants and agrees that the principal use of any development will be either
detached single family dwellings or attached single-family condominium townhomes.
3. BP A Trail Connection. Weyerhaeuser covenants and agrees that any development
of its portion of the Property will not interfere with or prevent an extension of a pedestrianlbike
trail over the BP A easements of record over the Weyerhaeuser Property.
4.
hnDleme~ationofA~eemem.
4.1. Timing of Annexation. Followingexecution of this Development Agreement,
adoption of Comprehensive Plan and zoning designations for the Weyerhaeuser and District
Properties, and the City's acceptance of the 60% Petition, the City will submit to the Washington
State Boundary Review ,Board for King County ("BRB") a Notice of Intent to Annex the
Development Agreement
City of Federal Way, Fire District and Weyerhaeuser Corporation - S. 320th Property
Page 3
Weyerhaeuser and District Properties. IfBRB review is not invoked or, in the alternative, ifBRB
review is invoked but the BRB approves the annexation, the City shall lawfully adopt an ordinance
annexing the Weyerhaeuser and District Properties. The City may, in the alternative, upon
approval of the 60% Petition, simultaneously adopt an ordinance annexing the Properties effective
upon passage of forty-five (45) days or, if BRB jurisdiction is invoked, issuance of a BRB
decision approving the annexation.
4.2 Vesting. The City of Federal Way acknowledges that Weyerhaeuser would
have the right, prior to the effective date of annexation, to apply to King County for approval of
development on the Weyerhaeuser Property. The City of Federal Way and Weyerhaeuser agree
that, in lieu of but not in addition to making such application to King County, Weyerhaeuser may
apply to Federal Way, which shall process any such application according to the provisions of this
Agreement and the Federal Way City Code provisions in effect as of the date Federal Way deems
Weyerhaeuser's application complete. Federal Way shall be entitled to recover all costs incurred
in such processing. Federal Way's agreement in this Paragraph is subject to the written
concurrence of King County. In the event that Weyerhaeuser applies to the City of Federal Way
pursuant to this Paragraph, Weyerhaeuser waives and releases and agrees not to assert against the
City any and all vested rights it might otherwise have obtained under the King County Code,
including zoning and/or development regulations contained therein, had Weyerhaeuser applied to
King County prior to the effective date of annexation.
5.
General Provisions.
5.1. Binding on Successors; Covenant to Run With Land. This Agreement is intended
to protect the value of the Weyerhaeuser and District Property, as well as the public health,
safety, and welfare of the City of Federal Way, and the benefits and burdens inuring to the
Weyerhaeuser and District Property and to the City from this Agreement shall run with the land
and shall be binding upon the District and Weyerhaeuser, and their heirS, successors, and assigns,
and upon the City of Federal Way.
5.2. Governing Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Washington. Venue for any action to enforce the terms
of this Agreement shall be in King County Superior Court.
5.3 Recording,
Weyerhaeuser Properties.
This Agreement shall be recorded against the District and
5.4. Severability. The provisions of this Agreement are separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of
the application thereof to any person or circumstance, shall not affect the validity of the remainder
of this Agreement, or the validity of its application to other persons or circumstances.
Development Agreement
City of Federal Way, Fire District and Weyerhaeuser Corporation - S. 320th Property
Page 4
5.5 Authority. The City, the District, and Weyerhaeuser each represent and warrant
to the others that it has the respective power and authority, and is duly authorized to execute and
deliver this Agreement. Weyerhaeuser and the District represent and warrant that they are the
fee owners or contract purchasers and have authority to agree to the covenants contained herein.
5.6 Term of Agreement. This Agreement shall remain in full force and effect unless
amended or terminated by the mutual agreement of the parties.
5.7 Amendment. This Agreement may be modified only by a written instrument duly
executed by all parties; provided, however, notwithstanding any provisions of this Agreement to
the contrary, the City of Federal Way may, without the agreement of the District or
Weyerhaeuser, adopt and impose upon the District and Weyerhaeuser Properties restrictions and
development regulations different than those set forth herein, if required by a serious threat to
public health and safety.
5.8 Exhibits A and B attached hereto are incorporated herein by this reference as if
fully set forth.
5.9 Headings. The headings in this Agreement are inserted for reference only and
shall not be construed to expand, limit or otherwise modify the terms and conditions of this
Agreement.
5.10 Integration. This Agreement and its exhibits represent the entire agreement of the
parties with respect to the subject matter hereof. There are no other agreements, oral or written,
except as expressly set forth herein.
5.11 Indemnification. Weyerhaeuser and the District release and agree to defend,
indenuúfy, and hold hannless the City and all of its elected and appointed officials, and its
employees and agents, from all liability, claims, appeals, and costs, including the costs of defense
of any claim or appeal, arising in connection with the annexation ()f the Weyerhaeuser and District
Property andlor this Agreement, except to the extent any liability, claim, appeal or cost results -
from the sole negligence of the City or its officers, agents, or employees in performance of this
Agreement.
5.12 Enforcement. In the event Weyerhaeuser or the District fail to satisfy any of their
obligations under this Agreement, the City shall have the right to enforce this Agreement at both
law and equity, including but not limited to enforcing this Agreement under the enforcement
provisions of the Federal Way City Code in effect at the time of any breach. Damages are not
an adequate remedy for breach. In addition, Weyerhaeuser or the District's failure to satisfy any
of their obligations in this Agreement shall constitute a breach of contract and shall be grounds
for termination of this Agreement by the City.
Development Agreement
City of Federal Way, Fire District and Weyerhaeuser Corporation - S. 320th Property
Page 5
5.13 Police Power. Nothing in this Agreement shall be construed to diminish, restrict
or limit the police powers of the City granted by the Washington State Constitution or by general
law. This Agreement is an exercise of the City's police powers and the authority granted under
RCW 35A.14.330, RCW 36.70B.170-.21O, and RCW 39.34.
5.14 Effective Date. This Agreement shall be effective on the effective date of the
City's Ordinance approving this Agreement, and the execution of this Agreement by duly
authorized representatives of each party.
5.15 Additional Annexation. If Weyerhaeuser petitions for annexation of that
property legally described as Parcel C in Exhibit B hereto and abutting the Weyerhaeuser Property
described in Exhibit A, and Parcel C is thereafter annexed by the City, development of Parcel C
shall be subject to and governed by the terms of this Agreement, unless the City and
Weyerhaeuser amend this Agreement to provide otherwise.
IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day
and year indicated.
FEDERAL WAY FIRE DISTRICT NO. 39
CITY OF FEDERAL WAY
BY:
BY:
Kenneth E. Nyberg
City Manager
Date:
Date:
Approved as to Form
for Federal Way Fire District No. 39
Approved as to Form
for City of Federal Way
~C.~~:
City Attorney, Landi K. Lindell
ATTEST: This - day of
, 1998.
ATTEST: This - day of
, 1998.
Clerk
N. Christine Green, CMC
Federal Way City Clerk
Development Agreement
City of Federal Way, Fire District and Weyerhaeuser Corporation - S. 320th Property
Page 6
Weyerhaeuser CORPORATION
By:
Its:
Date;
Approved as to form for Weyerhaeuser Corporation
K,lcdlquadagnn1.023
10-23-98
12- 8-98; 10:45AM,W&H PACIFIC
42S-9sr~8
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ANNEXATION DESCRJPTION
QUADRANT RES NORTH
PARCEL A:
TRACTS 1 THROUGH 7, AND THAT PORTION OF TRACT 18 LYING SOUTH OF THE
BONNEVILLE POWER ADMINISTRATION RIGHT -OF- WAY, AS ESTABLISHED BY
EASEMENT RECORDED UNDER RECORDING NUMBER 3347081, MIDWAY
SUBURBAN TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN
VOLUME 38 OF PLATS, PAGE 40, IN KING COUNTY, WASHINGTON;
EXCEPT THAT PORTION OF TRACTS 1 AND 2 CONVEYED TO THE STATE OF
WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 4998517; AND
EXCEPT THE SOUTH 40 FEET OF TRACT 3 CONVEYED TO THE STATE OF
WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 4998539; AND
(
EXCEPT THE SOUTIf 40 FEET OF TRACT 4, AS CONDEMNED UNDER KING
COUNTY SUPERIOR COURT CAUSE NUMBER 534586; AND
EXCEPT THE SOUTIf 40 FEET OF THE WEST 100 FEET OF TRACT 5 CONVEYED TO
THE STATE OF W ASIDNGTON BY DEED RECORDED UNDER RECORDING
NUMBER
4998520.
PARCELB:
AIL THAT PORTION OF THE SOUTIf 320THSTREET RIGHf-OF-WAY IN SECTIONS
9,10,15 AND 16,TOWNSHIP 21 NORTH, RANGE 4 EAST W.M.. KING COUNTY
WASHINGTON, DESCRIBED AS FOLLOWS;
THAT PORTION OF THE SOUTH 320TH STREET RIGHf-OF-WAY LYING EAST OF
AND ADJOING TO THE CURRENT EAST BOUNDARY OF THE CITY OF FEDE~
WAY AND WEST OF THE FOLLOWING DESCRIBED LINE;
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 15 WITH THE- '
SOUTH LINE OF THE 320TH STREET RIGHT-OF-WAY, SAID INTERSECTION BEING
FURTHER DESCRIBED AS LYING ON THE CURRENT BOUNDARY OF THE CITY
OF FEDERAL WAY;
THENCE NOR THERL Y ALONG THE SAID EAST LINE TO THE SOUTHWEST
CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 10;
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