HomeMy WebLinkAboutAG 94-211 - PUGET SOUND POWER & LIGHT COMPANYPUGET CONCOMITANT PRE - ANNEXATION ZONING AGREEMENT
THIS AGREEMENT, made and entered into this 23rd day of
August , 1994, by and between PUGET SOUND POWER AW 4
LIGHT COMPANY ( "Puget "), and the CITY OF FEDERAL WAY, a
municipal corporation organized and existing under the Optional
Municipal Code and other laws of the State of Washington ( "the -
City ").
RECITALS
A. Puget owns certain real property located in
unincorporated King County, Washington. This property is
legally described on Exhibit A, attached hereto and incorporated
herein by this reference, and will be referred to as the "Puget
Property" herein.
B. The City and King County have been conducting certain
planning efforts as required by the Growth Management Act, RCW
36.70A. Both the County and the City have identified the Puget
Property as within King County's Urban Growth Area, and both
parties have previously agreed that the Puget Property is within
the potential annexation area of Federal Way. The Puget
Property is currently zoned "MP" and planned as "Manufacturing
Park" by King County.
C. The Puget Property is included in an Annexation
Petition submitted by the Weyerhaeuser Company on the 20th day
of April 1994. Included in the Annexation Petition is proposed
zoning for the annexation property, including the Puget
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ORIGINAL
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Property. The proposed zoning for the Puget Property is Office
Park -2 (OP -2).
D. Puget supports the annexation of the Property into the
City; however, Puget seeks certainty as to the Comprehensive
Plan designation and zoning which would be applicable to the
Property should it be annexed into the City.
E. The City is interested in annexing the Puget Property
because it is located within the City's potential annexation
area and urban services can be adequately provided. In
addition, the City recognizes numerous public benefits
associated with annexation of the Puget Property.
F. Puget and the City wish to establish zoning,
development standards, and procedures which would apply to
development of the Puget Property should it be annexed into the
City. The City has determined that proposed development
regulations as set forth herein are authorized by RCW
35A.14.330, and general City power including Article III,
Chapter 19 of the Federal Way Code ("FWC"), and are reasonably
necessary for the protection of health, safety, morals and
general welfare. The proposed development regulations would
provide incentives for attracting business that would enhance
the City's tax base while maintaining the quality of the area.
G. The City has reviewed an environmental checklist in
connection with the proposed Pre - Annexation Agreement,
Comprehensive Plan and zoning designations, as well as the
potential future annexation action. In compliance with the
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State Environmental Policy Act ( "SEPA ") and the City of Federal
Way SEPA procedures, the City has made a threshold determination
that a Declaration of Non - Significance is appropriate in
connection with the actions contemplated by this Agreement.
This determination constitutes adequate compliance with SEPA in .--
connection with adoption of pre- annexation zoning, and future
annexation actions. Future development actions shall be subject
to their own SEPA review.
NOW, THEREFORE, in consideration of the agreements
contained herein, as well as other valuable consideration,
receipt of which is hereby acknowledged, the parties hereby
agree as follows:
AGREEMENTS
1. Petition for Annexation. The parties understand that
Weyerhaeuser has filed a Petition for Annexation with the City
conditioned on obtaining pre- annexation zoning acceptable to
Weyerhaeuser and the City. The parties agree that no Notice of
Intent to annex may be filed with the Boundary Review Board
until this Pre - Annexation Zoning Agreement has been fully
executed by the parties and the City has adopted the pre-
annexation zoning, set forth in paragraph 3 herein, by
ordinance. The parties further understand that in the event
pre- annexation zoning acceptable to Weyerhaeuser is not approved
by the City, then Weyerhaeuser may withdraw its Petition for
Annexation.
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2. City Processing of Annexation Petition. Following
execution of this Pre - Annexation Zoning Agreement, the City
agrees to submit expeditiously to the Washington State Boundary
Review Board of King County ("BRB") a notice of intent to annex
the Property included in the Weyerhaeuser annexation.
3. Zoning Established. If the Petition for Annexation is
approved by the City, and BRB review is not invoked, or in the
alternative, if BRB jurisdiction is invoked but the review
process sustains the Petition for Annexation, then the City
shall lawfully adopt an ordinance annexing the Puget Property
subject to the attached Zoning Designation Map incorporated
hereto as Exhibit B.
3.1. The Puget Property, designated as "Office Park -2
(OP -2)" Zone shall be subject to the development provisions and
development standards attached hereto and incorporated as
Exhibit C.
4. Comprehensive Plan Designation.
4.1 The City agrees that upon annexation of the
Property, the City Council shall lawfully establish an interim
classification for the Property on the City official
Comprehensive Plan map. Pursuant to the FWC Section
19- 101(a)(2), the area annexed to the City shall retain the
Comprehensive Plan map classification of King County pursuant to
RCW 35A.13.180 but shall be reviewed pursuant to the Federal Way
Comprehensive Plan policies; provided however, to the extent
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Federal Way policies impose development standards conflicting
with this Agreement, this Agreement shall control.
4.2 Pursuant to Section 19- 101(b) of the FWC, the
City agrees that within 12 months of the effective,date of the
annexation, a Comprehensive Plan designation for the annexation. —
property, including the Puget Property, which is compatible with
the zoning agreed to in Section 3 of this Agreement shall be
adopted by the City.
5. Growth Management Legislation.
5.1. Urban Growth Area. The City acknowledges that
the Property is currently characterized by urban growth, is
planned for additional urban growth, and is adjacent to
territory currently characterized by urban growth. It will be
included in any future urban growth boundary and potential
annexation boundary established by the City.
5.2. Urban Services. The City agrees to furnish all
municipal services to the Property in the event it is annexed,
to the extent the City controls the municipal services either
directly or by contract.
6. Assumption of Indebtedness. The City acknowledges
that it has no outstanding bonded indebtedness. Puget
acknowledges that the Puget Property will assume a prorata share
of any future City indebtedness.
7. Conformity of Existing Uses. The City agrees that,
upon annexation, all existing uses and development on the
Property are deemed to be legal, conforming uses, and may
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continue in existence as is. All public streets within the
annexed area are accepted by the City as is for existing
purposes except as provided for elsewhere in this Agreement.
All buildings are presumed built pursuant to King County
building code standards, and will not need to be altered to ..__
conform to any different Federal Way standards, except as
provided for elsewhere in this Agreement. If such buildings are
proposed to be modified through a building permit issued by the
City of Federal Way, the City will not require major
modifications to existing facilities to meet City code
requirements in connection with any such new additions, provided
however, the City may require the existing building to meet life
safety requirements. Nothing in this section shall constitute a
warranty of any kind, including the habitability by the City of
existing structures.
8. Processing of Land Use Applications.
8.1. The City shall process the land use applications
and SEPA checklists for any future development on the Puget
Property ( "Land Use Applications ") as follows:
a. The City agrees to process Land Use
Applications expeditiously, in accordance with the
requirements of those state and city laws and
ordinances that would apply to other Land Use
Applications in the City.
b. The City shall use its best efforts to give
any notices required by the City's zoning and SEPA
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ordinances in a timely manner,
advise if its applications are
in what respects such land use
deficient. The City shall use
give such notice regarding eacl
expeditiously after its filing
including notices to
complete, and, if not,
application is
its best efforts to
z land use application
with the City.
C. The City shall use its best efforts to
comply with the 15 -day recommended period for
completion of any threshold determination process
pursuant to the SEPA Rules, WAC 197 -11- 310(3), and FWC
Section 18 -72.
9. Effective Date. This Agreement shall become effective
upon the effective date of a City Ordinance approving this
Agreement.
10. Term of Agreement. This Agreement shall remain in
full force and effect until terminated by mutual agreement of
the parties.
11. Enforcement. Venue and jurisdiction to enforce all
obligations under this Agreement shall lie in the King County
Superior Court, unless the parties agree to mediation or binding
arbitration. The obligations of the parties hereunder do not
have an adequate remedy by way of an action for damages and may
be enforced by an action for a specific performance.
12. Attorneys' Fees and Costs. In the event either party
commences proceedings in King County Superior Court to enforce
this Agreement, the prevailing party shall be entitled to an
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award of attorneys' fees and actual costs and disbursements,
including expert witness fees, reasonably incurred or may in
such proceedings, including appellant proceedings. In the event
the matter is resolved in mediation or binding arbitration, each
party shall be responsible for its own fees.
13. Governing Law. This Agreement is entered into under
the laws of the State of Washington, and the parties intend that
Washington law shall apply to the interpretation hereof.
14. Amendment. This Agreement and attached exhibits may
be modified only by written instrument duly executed by both
parties. In the case of a major modification to the land use
provisions located in the exhibits to this Agreement, the City's
Process II procedures shall be utilized. In all other cases,
the City Manager may authorize modification on behalf of the
City.
15. Binding Effect. This Agreement shall run with the
land and shall be binding upon and inure to the benefits of, the
current owners and their respective heirs, successors and
assigns.
Executed the day and year first above written.
CITY OF FEDERAL WAY
Attest:
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PUGET SOUND POWER li�
LIGHT COMPANY
By G
Its twk2 -- MVV QA A,1_ iS -T0XSV
F c iL1T`�S
Approved as to form:
n —Lake-
City Attorney
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this )aiA day of See- bpi- , 1994, before me, the
undersigned, a Notary Public An and for the State of Washington,
duly commissioned and sworn, personally appeared k E. L
to me known to be L1 M1ay%yAe-v- of the City of Federal ay,
the corporation that ex""6cuted th'6 foregoing instrument, and
acknowledged the said instrument to be the free and voluntary
act and deed of said corporation for the uses and purposes
therein mentioned, and on oath stated that J_I.,e— was authorized
to execute said instrument.
WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day
and year first above written.
• F(C33Z
i�O AR
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r% PUBLIC !�
WAS'�'`4
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Name ejfe-e- (--j IMF [;ilr�fc5 a,
NOTARY PUBLIC in and for the
State of Washington, residing
at 3j; � E.,U)
My commission expires
STATE OF WASHINGTON
ss.
COUNTY OF KING
on this -Z Imo' day of a -S 1994, before me, the
undersigned, a Notary Public in and for the State of Washington,
duly commissioned and sworn, personally appeared '.
r�nvkdl T, flat- , to me known to be:?lre,-,r [2e j Es4vl - of PUGET ,.
SOUND POWER AND LIGHT COMPANY, the corporation that executed the
foregoing instrument, and acknowledged the said instrument to be
the free and voluntary act and deed of said corporation for the -
uses and purposes therein mentioned, and on oath stated that
he /she was authorized to execute said instrument..
WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day
and year first above written.
me Sa Fn
NOTARY PUBLIC in and for the
State of Washington, residing
at i rKla rrkk- GCI)1+
My commission expires3Lf2Z .
3 2 3 16 1
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EXHIBIT A
Legal Description
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ESM inc.
A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM
East Campus
Job No. 191 -41- 930 -002
June 20, 1994
LEGAL DESCRIPTION FOR
PROPOSED "OP -2" ZONING
That portion of the northwest quarter of Section 22, Township
21 North, Range 4 East, W.M., King County, Washington, lying
northerly of State Route 18 AND lying southerly of the
following described line:
BEGINNING at a point on the former easterly margin of
32nd Avenue South, said point being 40 feet east of the
northwest corner of the southwest quarter of the
northwest quarter of said Section 22 AND being on the
northerly line of said southwest quarter of northwest
quarter;
THENCE S 01 °13'11" W along said former easterly margin of
32nd Avenue South a distance of 783.85 feet to the former
northwesterly margin of Primary State Highway No. 2;
THENCE N 62 001145" E along said former northwesterly
margin a distance of 415.31 feet;
THENCE N 5204810011 E along said former northwesterly
margin a distance of 768.95 feet;
THENCE N 39 029126" W a distance of 226.84 feet;
THENCE N 88 046149" W a distance of 817.08 feet to said
former easterly margin of 32nd Avenue South AND the
terminus of said line.
See attached Exhibit "M ".
Written by: C.A.G.
Checked by: R.J.W.
1914118
34004 9th Ave. So., Bldg. A • Federal Way, Washington 98003 'rt.
Federal Way (206) 838 -6113 • Tacoma (206) 927 -0619 • Seatpl(r (2061623-5911 • Fax: (206) 838 -7104
EXHIBIT B
Zoning Designations Map
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S. 320TH ST. PROPOSED IYEYERNAEUSER' ANNEXATION
EXHIBIT B
OFF PARK
(0 1 -1) ZONING DESIGNATIONS
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EXHIBIT "M"
TO ACCOMPANY LEGAL DESCRIPTION FOR PROPOSED
"OP -2" ZONING
A PORTION OF SECTION 21,
TWP. 21 N;, RGE 4 E., W.M.
KING COUNTY, WASHINGTON
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South 336th Street
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A CK DAB L49 AAO. Ac "0.(A Y1K'M COQAIIK fN
34004 9th AVENUE SO., BLDG. A
FEDERAL. WAY. WASHINGTON 96003
PHONES [2061 636 -6113
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JOB NO.
191 -41 -930 -002
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NOTES
DATE : 06
-17 -94
SECTION LINES AND CORNERS
C.A.G.
SHEET 1
ARE SHOWN HEREON APPROXIMATELY
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AS AN AID IN LOCATING THE
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PROPERTY AND ARE NOT BASED
UPON AN ACTUAL SURVEY.
ZONING DESIGNATIONS WERE
PROVIDED BY HILLIS, CLARK,
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MARTIN & PETERSON IN
APRIL, 1994,
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South 336th Street
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A CK DAB L49 AAO. Ac "0.(A Y1K'M COQAIIK fN
34004 9th AVENUE SO., BLDG. A
FEDERAL. WAY. WASHINGTON 96003
PHONES [2061 636 -6113
K
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115
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22
SCALE : r - loo0y
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JOB NO.
191 -41 -930 -002
DRAWING
NAME : EXH -M
DATE : 06
-17 -94
DRAWN :
C.A.G.
SHEET 1
OF 1
EXHIBIT C
Office Park Zone (OP -2)
M +_
EXHIBIT C
Office Park Zone (OP -2)
Section 1. Purpose and objectives.
This Office Park Zone (OP -2) is established to facilitate
the development of office parks that would develop compatibly
with the adjacent Corporate Park Zone, consistent with the -
following objectives:
A. To encourage development of a wide variety of business
uses that are compatible with adjacent uses and the uses allowed
in the Corporate Park Zone.
B. To allow a core of retail uses within the Business
Park in a manner that takes advantage of the Zone's proximity to
the freeway system.
C. To ensure that development by the present and any
future owners is governed in appropriate development standards
to protect the public's general health and welfare.
Section II. Applicability.
A. The provisions of this section will apply to all lands
designated as Office Park (OP -2) Zone on Exhibit B, which shall
be subject to its own unique standards and review processes as
set forth herein. If the provisions relating specifically to
the OP -2 Zone conflict with other provisions of City codes, the
OP -2 Zone provisions shall prevail. After the date of the
attached Agreement, any change in City codes referenced in this
Agreement shall not be deemed to modify this Zone unless as
approved hereinafter.
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B. Reference herein to the "FWC" shall refer to Chapters
18, 20, 21 and 22 (Supplement 3 as now existing or as hereafter
may be modified or amended) of the Federal Way City Code.
Reference herein to the "Director" shall refer to the City's
Director of the Department of Community Services or designee.
Section III. uses Permitted.
A. The following principal uses are permitted outright,
subject to the provisions of Section 22 -361 through -369 (Site
Plan Review) of the FWC:
1. Offices
2. Medical facilities, clinics
3. Research, development and testing
4. Production and light assembly of goods, subject
to process II review, Chapter 22 of the FWC, when
such facility is within 200 feet of a single-
family zone
5. Conference center
6. Public transit shelter
7. Government facility
8. Parks
9. Churches s
10. School facilities
B. Any other uses permitted by the BN, OP or MP Zones of
the FWC shall be allowed subject to the development standards
and review procedures of Section III.D. of this Agreement.
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C. Accessory Uses. The following accessory uses shall be
reviewed using that process associated with the permitted use to
which it is attached:
1. Warehousing and distributing, secondary to
permitted primary uses provided such use does not..__
exceed 40 percent of the permitted use
2. Outdoor activities and storages, subject to
Section 22 -1111 through -1113 (outdoor Activities
and Storage) of the FWC
3. Day care
4. Any other use determined by the Director to be
compatible with the above accessory or permitted
uses pursuant to Section 22 -946 of the FWC.
D. General Development Standards. For retail uses, the
development standards of the BN Zone shall apply. For other
uses, except as modified by this zone, the development standards
shall conform with those identified by the corresponding use in
the BN, OP or MP Zones, as appropriate. In the event a specific
use is permitted in more than one referenced zone, those
development standards identified for the specific use in the
first zone where the use is allowed, shall apply to this OP -2
Zone. For all uses, including development standard
modifications and site plan review, Article V, Chapter 22, of
the FWC shall apply instead of any other process otherwise
required by the BN, OP, or MP Use Zone Charts, inclusive of
special regulations and notes specific to the design standards
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of the FWC. Provisions of the FWC relating to lot coverage,
facade measurement, modulation; parking between structures and
streets other than those specified herein, shall not apply to
this zone. No minimum lot size shall apply for non - residential
uses. Building height increases greater than 35 feet shall
apply whether or not the OP -2 designated property adjoins a
low- density zone. A 40 -foot wide buffer shall screen the
Property from any adjacent residential -zoned property and retail
sales and convenience services shall be primarily designed to
cater to employees of corporate and office park developments.
Section IV. Existing Development.
Uses established on the property prior to the adoption of
this zone are deemed to be conforming uses under the provisions
of Chapter 22, Article IV, of the FWC. The provisions of
Section 22 -330 (Immediate Compliance)of the FWC shall not apply;
except that
A. Proposed expansions of, or alterations to existing.
non - conforming uses shall comply with Sections 22 -330 and 22 -331
of the FWC, but only with respect to the said expansion or
alteration; and
B. Development undertaken to comply with provisions of
state and federal law shall be subject to the provisions of
Section 22 -340 (Compliance with Government Regulations) of the
FWC.
C. Existing site development is deemed to satisfy FWC
requirements for the following, and no additional approvals
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shall be required by the City, except as required for new
construction:
1. Site plan
2. Landscaping plan
3. Wetland survey
Section V. Environmentally Sensitive Areas.
A. New development in or around environmentally sensitive
areas, or extensions of existing development requiring an
approved development permit, shall comply with the following:
1. Such development shall require submission of a
site survey identifying areas of possible environmental
sensitivity, as defined in Section 22 -1223 of the FWC,
except as modified by this Agreement. Upon a determination
that environmentally sensitive areas are present within the
survey areas, the provisions of this section shall apply.
2. In the event that conditions of environmental
sensitivity identified by the survey are shown to be part
of a connected system extending beyond the boundaries of
the required site survey, a supplemental survey of that
system may be required, and any required mitigations may
apply to any or all portions of such system. The
boundaries of the supplemental survey shall extend as far
as reasonably necessary to establish mitigations.
3. Mitigations, when required, shall take into
account the purpose and character of the OP -1 Zone; and
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wherever possible, alternative mitigations conforming to
OP -1 development standards shall be preferred.
B. Dedications. The City will not require dedications of
portions of the Property or easements on the Property under this
section, where alternative reasonable mitigations exist. I __
C. Rehabilitation. The City will not require
rehabilitation of, or retroactive mitigations for regulated
streams, lakes or wetlands under this section for conditions
existing prior to this Agreement.
D. Special Provisions Relating to Setbacks From Regulated
Lakes and Streams. Averaging of FWC- required setbacks from
regulated lakes and streams shall be permitted, subject to the
following:
1. Such setback shall result in an average setback
of 50 feet from any proposed building along any regulated
lake or stream provided its minimum setback is not less
than 25 feet, except as otherwise specified in this zone.
2. The area to be averaged shall not extend beyond
the boundary of the site plan request for new development
in this zone.
3. "Regulated streams" shall mean those areas where
surface waters produce a defined channel or bed. A defined
channel or bed is an area which demonstrates clear evidence
of the passage of water and includes, but is not limited
to, bedrock, channels, gravel beds, sand and salt beds, and
defined as channel swale. The channel or bed need not
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contain water year round. This definition includes major
and minor stream categories as defined in the FWC but does
exclude artificially created irrigation ditches, canals or
storm or surface water runoff devices or other entirely
artificial water courses, unless they are used by salmonid
or created for purposes of stream mitigation.
E. Special Provisions Relating to Setbacks From Regulated
Wetlands. Averaging of FWC- required setbacks from a regulated
wetland shall be permitted, and shall consider the quality and
character of the particular wetland subject to the following:
1. Such adjustments may reduce the average setback
up to 50 percent, provided the minimum setback is 50 feet
from any proposed building.
2. The area to be averaged shall not extend beyond
the boundaries of the site plan required for new
development in this zone.
F. Exemption. The following shall be exempt from the
provisions of Section 22, Article XIV of the FWC and the
requirements of this Agreement:
1. Existing and ongoing agricultural practices,
provided no alteration of flood storage capacity or
conveyance occurs;
2. Development involving artificially created lakes,
wetlands or streams intentionally created, including but
not limited to grass -lined swales, irrigation and drainage
ditches, detention facilities, and landscape features,
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except wetlands, streams or swales created as mitigation or
that provide critical habitat for salmonid fishes;
3. Development affecting wetlands which are
individually smaller than 2,500 square feet and /or
cumulatively smaller than 10,000 square feet in size in any..,_
20 -acre section of this property;
4. Development occurring in areas of 40% slope or
greater with a vertical elevation change of up to 10 feet
may be exempted based upon City review of a soils report
prepared by a geologist or geotechnical engineer which
demonstrates that no significant adverse impact will result
from the exemption;
5. Normal and routine maintenance, operation and
reconstruction of existing roads, streets, utilities and
associated rights -of -way and structures, provided that
reconstruction of any structures may not increase the
impervious area or remove flood storage capacity and
reasonable practices are utilized to restore any disturbed
area;
6. Normal maintenance and repair, and reconstruction
or remodeling of residential or commercial structures, or
legal pre- existing and on -going uses of the site, provided
that reconstruction of any structures may not increase the
previous approved building footprint and reasonable
practices are utilized to restore any disturbed area;
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7. site investigative work and studies necessary for
preparing land use applications, including soils tests,
water quality studies, wildlife studies and similar tests
and investigations, provided that any disturbance of the
sensitive area shall be the minimum necessary to carry out „
the work or studies and reasonable practices are utilized
to restore any disturbed area;
8. Educational activities, scientific research, and
outdoor recreational activities, including but not limited
to interpretive field trips, birdwatching, and trails for
horseback riding, bicycling and hiking, that will not have
a significant adverse effect on the sensitive area;
9. Emergency activities necessary to prevent an
immediate threat to public health safety or property;
10. Normal and routine maintenance and operation of
existing landscaping and gardens provided they comply with
all other regulations in this Agreement;
11. Construction of trails, according to the
following criteria: constructed of permeable materials,
designed to minimize impact on the sensitive area,-'arid of a
maximum trail corridor width of ten feet;
12. Minor activities not mentioned above and
determined by the Director to have minimal impacts to a
sensitive area;
13. Previously legally filled wetlands or wetlands
accidentally created by human actions, which shall be
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documented to the satisfaction of the Director by the
applicant through photographs, statements, and /or other
evidence;
14. Installation, construction, replacement, repair
or alternation of utilities and their associated
facilities, lines, pipes, mains, equipment or appurtenances
in improved city road rights -of -way.
Section VI. Subdivisions Within the OP -2 Zone.
The requirements of RCW 58.17 and Chapter 20, Article VI,
of the FWC shall not apply to the construction of new buildings
on the Property, provided the ground on which the building is
located is not sold or leased. Pursuant to RCW 58.17.040,
divisions of land for sale or lease into lots or tracts
classified for industrial or commercial uses permitted within
the OP 72 Zone may be reviewed as a binding site plan as set
forth in Section 20 -61 through Section 20 -65 of the FWC, or in
the case of four or fewer lots, such divisions of land may be
processed as short plats. Section 20 -155 of the FWC shall
affect only residential subdivisions and shall not apply to
subdivisions for commercial or industrial lots. The binding
site plan may be processed concurrently with any required site
plan review process specified by Section 22 -899 of the FWC, at
the applicant's request.
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