Ord 99-346
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ORDINANCE NO. 99-146
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 LAWRENCE H.
DRAPER AND YEN, CHEN, CHANG AND ASSOCIATES.
WHEREAS, Yen, Chen, Chang and Associates ("Chen"), a Washington general
partnership, is the owner oftwo parcels of undeveloped real property, Parcel A (also known as Tax
Lot 6) and Parcel B (also known as Tax Lot 54), located adjacent to 341" Place and 19th A venue SW;
and
WHEREAS, Lawrence H. Draper ("Draper") has entered into a contract to purchase
Parcel A (Tax Lot 6) from Chen, and wishes to develop a senior housing complex known as
Courtyard Village on Parcel A and potentially Parcel B; and
WHEREAS, as of 1998, the Transportation Element of the City of Federal Way
Comprehensiye Plan contained a map of adopted functional classifications of existing and planned
streets and highways within the City; and
WHEREAS, the map included SW 341" Place as a planned street; and
WHEREAS, 341" Place South, as shown in the Transportation Element of the City's
1995 Comprehensiye Plan, would bisect Courtyard Village as proposed; and
WHEREAS, during the City's 1998 annual reviewofits Comprehensive Plan, Draper
requested that the City delete 341" Place from the Transportation Element, to facilitate development
of Courtyard Village; and
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WHEREAS, in Ordinance No. 98-330, the Council agreed to delete SW 341" Street
from the Transportation Element of the Comprehensive Plan, on the condition that as part of the
project and in addition administrative pennit conditions, Draper enter into a development agreement
proyiding for improvement of 191h Avenue SW ITom the south boundary of Parcel A (Tax Lot 6),
along the east boundary of Parcel B (Tax Lot 54) to SW 3441h Street, and ITom the intersection of
191h Avenue SW west along 3441h to its connection with the portion of 3441h that the Washington
Department of Transportation ("WSDOT") is to install as part of its construction of the Federal Way
Park- on-Ride No.2; and
WHEREAS, the City has authority under RCW 36.70B.170-.210 to enter into a
development agreement to delineate the development standards governing development and use of
property; and
WHEREAS, Chen and Draper have indicated their willingness to enter into a
deye10pment agreement in the fonn attached hereto as Exhibit A, to fulfill the condition set by the
Council for its deletion of 341 " Place from the Transportation Element of the Comprehensive Plan;
and
WHEREAS, pursuant to RCW 36.70B.200, a public hearing on the proposed
development agreement in Exhibit A was held by the Federal Way Planning Commission on June
2, 1999; and
WHEREAS, the City Council considered the proposed development agreement at its
regularly scheduled meetings on July 6, 1999 and July 20, 1999; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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99-346 ,PAGE2
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Section 1. Findings. The City Council hereby finds that:
A.
The proposed development agreement requires Draper to construct, at no cost to the
City, the extension of 19th Avenue SW to its connection with SW 3441. Street, and to extend SW
3441. Street to its connection with that portion ofSW 3441. Street being constructed by the WSDOT
in conjunction with Federal Way Park 'n Ride No.2.
B.
The construction requirements, in conjunction with the WSDOT deyelopment, will
provide a through connection between 21 st Avenue SW and SW 336th Street. This will provide better
and safer through-traffic connections and access than would improving SW 341 st Place, which does
not directly align with any street to the west of21" Ayenue SW.
C.
The proposed development agreement will not be detrimental to existing or potential
surrounding land uses as defined by the Comprehensiye Plan, because the Courtyard Village
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 from the underlying use, and the
road connection that will be made by virtue of the development agreement protects potential
surrounding land uses from any adverse traffic impacts from Courtyard Village while also providing
an additional means of ingress and egress and an alternative travel route that avoids the often-
congested intersection ofSW 336th and 21st Ayenue SW.
D.
In light of the Findings in subsections LA - LC above, the proposed development
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.
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Section 3. Development Agreement. The City Council hereby authorizes the City
Manager to execute the development agreement attached as Exhibit A hereto, and to take all further
and necessary action required by the development agreement. The City Council's authorization
herein is conditioned upon Chen's and Draper's agreement to and execution of the Deyelopment
Agreement, in the form attached hereto as Exhibit A, within thirty (30) days of the date of this
Ordinance. Failure of Chen and Draper to so execute the Development Agreement shall render the
authorization given in this section null and void without further action by the City of Federal Way
or its City Council.
Section 4. Seyerability. The provisions ofthis 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 take effect and be in force five (5)
days from and after: (I) Draper's and Chen's execution of the Development Agreement in the form
attached hereto as Exhibit A; and (2) passage and publication of this ordinance, as provided by law.
PASSED by the City Council of the City of Federal Way thisPday of July, 1999.
CITY OF FEDERAL WAY
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MA ÝOR, RON TZ
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ATTEST:
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CITY C ERK, N. CHRISTINE GRE , CMC
APPROVED AS TO FORM:
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CI ORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK: 6/30/99
PASSED BY THE CITY COUNCIL: 7/20/99
PUBLISHED: 7/24/99
EFFECTIVE DATE:
ORDINANCE NO. 99-346
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