ORD 22-938 - Amending Comp Plan & Adopting Development Agreement (Bally's)ORDINANCE NO.22-938
AN ORDINANCE of the City of Federal Way, Washington, amending the
Federal Way Comprehensive Plan, Comprehensive Plan Map, and Zoning
Map, changing the Comprehensive Plan designation and zoning of 6.00 acres
located at the southeast corner of 111 Avenue South and South 3281h Street,
parcel number 172104-9038, from Office Park (OP) to Multi Family (RM
1800), and adopting an associated development agreement. (Amending
ordinance Nos. 90-43, 95-248, 96-270, 98-330, 00-372,01-405, 03-442, 04-460,
04-461, 04-462, 05-490, 05-491, 05-492, 07-558, 09-614, 10-671, 11-683,13-736,
13-745, 15-796, 15-798, 18-843, 19-866 and 21-907)
WHEREAS, the Growth Management Act of 1990 as amended (Chapter 36.70A RCW or
"GMA"), requires the City of Federal Way ("City") to adopt a comprehensive plan including a
land use element and land use map, a housing element, a capital facilities plan, a utilities element,
and a transportation element and transportation system map(s); and
WHEREAS, the GMA also requires the City of Federal Way to adopt development
regulations implementing its comprehensive plan; and
WHEREAS, the Federal Way City Council adopted its comprehensive plan and land use
map (the "Comprehensive Plan") on November 21, 1995, and adopted development regulations
and a zoning map implementing the Plan on July 2, 1996; and subsequently amended the
comprehensive plan, land use map, and zoning map on December 23, 1998, September 14, 2000,
November 1, 2001, March 27, 2003, July 20, 2004, and June 16, 2005, July 16, 2007, June 11,
2009, January 27, 2011, January 23, 2013, August 14, 2013, July 29, 2015, January 26, 2018,
October 28, 2018, April 2, 2019, and January 19, 2021; and
WHEREAS, pursuant to Federal Way Revised Code ("FWRC") Chapter 19.35, the City
may consider Comprehensive Plan amendments utilizing Chapter 19.80 FWRC, Process VI; and
WHEREAS, under RCW 36.70A.130, the Comprehensive Plan and development
Ordinance No. 22-938 Page 1 of 20
regulations are subject to continuing review and evaluation, but the Comprehensive Plan may
generally be amended no more than one time per year; and
WHEREAS, in 2021, the City accepted requests for amendments to the text and maps of
the comprehensive plan, the comprehensive plan map, and the zoning map, including a citizen -
initiated request regarding parcel 172104-9038 ("Bally's Site"), which requested that the City
amend the Bally's Site comprehensive plan designation from Office Park to Multi -Family High
Density designation, and rezone the Bally's Site from Office Park (OP) to Multi -Family (RM
1800) ("Bally's Proposal"); and
WHEREAS, on July 20, 2021, the City's SEPA Responsible Official issued a
Determination of Nonsignificance for the proposed comprehensive plan amendment and rezone of
the Bally's Site ("SEPA Determination"); and
WHEREAS, the SEPA Determination was not timely appealed; and
WHEREAS, the City's Planning Commission held public hearings regarding the Bally's
Proposal on October 6, 2021 and September 15, 2021 pursuant to FWRC 19.80,190, at the close
of which they recommended the City Council approve the comprehensive plan amendment and
rezone of the Bally's Site provided the City entered into a development agreement associated with
the comprehensive plan amendment and rezone that addressed home ownership opportunities in a
future multifamily development at the Bally's Site and
WHEREAS, under RCW 36.70B.170, local governments are authorized to enter into
development agreements with persons having ownership or control of real property within the
local government's jurisdiction; and
WHEREAS, pursuant to Chapter 19.85 FWRC, Development Agreements, the City
Council may at its discretion utilize development agreements associated with a comprehensive
Ordinance No. 22-938 Page 2 of '20
plan and related zoning change where the project is larger in scope and has potentially larger
impacts than normal, or where the City Council may desire to place certain restrictions on the
proposal; and
WHEREAS, a development agreement has been prepared as set forth in Exhibit A
("Development Agreement"), along with the proposed comprehensive plan amendment and
associated rezone which, among other things, addresses home ownership opportunities in a future
multifamily development at the Bally's Site; and
WHEREAS, on May 10, 2022, the City's SEPA Responsible Official issued an addendum
to the SEPA Determination to include the Development Agreement; and
WHEREAS, the City Council, through its staff and Planning Commission, received,
discussed, and considered the testimony, written comments, and material from the public, and
considered the matter at its City Council meetings on August 9, 2022 and September 20, 2022;
and
WHEREAS, the City Council desires to adopt the proposed comprehensive plan
amendment and rezone of the Bally's Property and associated Development Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
.Section 1. Findings and Conclusions.
(a) The proposed amendment to the comprehensive plan and zoning designation of the
6.00 acres, parcel 172104-9038, as set forth in Exhibit B attached hereto, and the Development
Agreement, as set forth in Exhibit A attached hereto, are consistent with the Council vision for the
City of Federal Way, will allow development which is compatible with the surrounding existing
multi -family neighborhoods and surrounding multi -family zone designations, and therefore bear a
Ordinance No. 22-938 Page 3 of 20
substantial relationship to public health, safety, and welfare; are in the best interest of the residents
of the City; and consistent with the requirements of RCW 36.70A, the King County Countywide
Planning Policies, and the unamended portion of the Plan. Specifically, the proposed
comprehensive plan amendment and rezone of the Bally's Property and associated Development
Agreement are consistent with the following comprehensive plan goals and policies:
Housing Policy (HP) 2 Amend development regulations to accommodate a diverse range of
housing forms that are compatible with neighborhood character and
create an effective transition between the City Center, business
areas, and residential neighborhoods.
Housing Goal (HG) 2 Involve the community in the development of new housing to a
degree that is consistent with the scale of impact on the surrounding
neighborhoods.
HP 10 Encourage community input, where appropriate, into the
development permit process by providing thorough and timely
information to the public.
HG 4 Proactively plan for and respond to trends in housing demand.
HP16 Increase capacity and encourage greater diversity of housing types
and costs for both infill and new development through various
methods, such as inclusionary zoning, density bonuses, and transfer
of development rights, cluster housing, cottage housing, garden
housing, duplexes, and low to moderate density housing types.
Land Use Goal (LUG) 1 Create an attractive, welcoming and functional built environment.
Land Use Policy (LUP) 8 Designate and zone land to provide for Federal Way's share of
Ordinance No. 22-938 Page 4 of'20
regionally adopted demand forecasts for residential, commercial,
and industrial uses for the next 20 years.
LUP 10 Support the continuation of a strong residential community.
LUG 4 Provide a wide range of housing types and densities commensurate
with market demand, adopted housing targets, and the community's
needs and preferences.
(b) The proposed amendments to the comprehensive plan map, as set forth in Exhibit B,
attached hereto, are compatible with adjacent land uses and will not negatively affect open space,
streams, lakes, or wetlands, or the physical environment in general. The amendments will allow
for growth and development consistent with the Plan's overall vision and with the Plan's land use
element household and job projections, and will allow reasonable use of property subject to
constraints necessary to protect environmentally sensitive areas. The amendments, therefore, bear
a substantial relationship to public health, safety, and welfare; are in the best interest of the
residents of the City; and are consistent with the requirements of RCW 36.70A, the King County
Countywide Planning Policies, and the unamended portion of the Plan as specified in Section 1(a).
(c) The proposed amendments to the zoning map, set forth in Exhibit B, attached hereto,
are consistent with the applicable provisions of the comprehensive plan and the comprehensive
plan land use map proposed to be amended in Section 2 below, bear a substantial relation to public
health, safety, and welfare, and are in the best interest of the public and the residents of the City.
(d) The proposed amendments have complied with the appropriate process under state law
and the FWRC.
(e) Additional analysis and details supporting the findings and conclusions in this section
are contained in the August 2, 2022 Staff Report prepared for the August 9, 2022 City Council
Ordinance No. 22-938 Page 5 of'20
Public Hearing on the Bally's Proposal.
Section 2. Comprehensive Plan Comprehensive Plan Mos. and zoning, Map Amendments
Adoption. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998,
2000, 2001, 2003, 2004, 2005, 2007, 2009, 2010, 2011, 2013, 2015, 2018, 2019, 2021 copies of
which are on file with the Office of the City Clerk, the comprehensive plan maps, and the zoning
map are amended as set forth in Exhibit B, attached hereto.
Section 3. Develo ment Agreement Ado tion. The Development Agreement, attached as
Exhibit A, is hereby adopted.
Section 4. Amendment Authority. The adoption of plan and map amendments in Section 3
above is pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to
chapter 19.80 FWRC- and chapter 19.85 FWRC.
Section 5. Severability. 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 6. Savings Clause. The 1995 City of Federal Way Comprehensive Plan, as
thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005,2007, 2009, 2010, 2011, 2013, 2015,
2018, 2019, 2021, shall remain in full force and effect until these amendments become operative
upon the effective date of this ordinance.
Section 7. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Section 8.,Corrections. The City Clerk and the codifiers of this ordinance are authorized to
Ordinance No. 22-938 Page 6 of 20
make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/ clerical errors, references, ordinance numbering, section/subsection numbers, and any
references thereto.
Section 9. Effective Date. This ordinance shall take effect and be in force five (5) days after
passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 4th day of October, 2022.
CITY OF FEDERAL WAY:
r
3 r ERR LL, MAYOR
ATTEST:
I►1'
APPROVED AS TO FORM:
. --d�cjjz
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK: 09/14/2022
PASSED BY THE CITY COUNCIL: 10/04/2022
PUBLISHED: 10/07/2022
EFFECTIVE DATE: 10/12/2022
ORDINANCE NO.: 22-93 8
Ordinance No. 22-938 Page 7 of 20
Exhibit A
DEVELOPMENT AGREEMENT
THIS AGREEMENT is entered into this day of r 2022 (the
"Effective Date") by and between FIRST AVENUE SOUTH APARTMENTS LLC, a Washington
limited liability company (the "Owner"), and the City of Federal Way, a Washington municipal
corporation ("City"). Owner and the City are each a "Party" and collectively the "Parties" to this
Agreement.
RECITALS
A. The Washington State Legislature has authorized the execution of development
agreements between a local government and an entity having ownership or control of real property
within its jurisdiction, pursuant to RCW 36.7013.170 through 36.70B.210 ("Development
Agreement Statute"). This Agreement is authorized pursuant to the Development Agreement
Statute and the Federal Way Revised Code ("FWRC" or "Code") Chapter l 9.85, as established by
Ordinance 02-426.
B. Owner owns the property at 32818 1 st Avenue South in Federal Way, Washington
(King County Assessor No. 1721049038 and the "Property"), legally described on Exhibit A,
which is attached hereto and incorporated herein by reference.
C. Owner applied for a Comprehensive Plan land use designation amendment and
associated rezone of the Property from Office Park ("OP") to Multifamily Residential RM-1800
zone ("RM-1800") under City File No. 20-103733-00-UP (collectively, the "Rezone").
D. Owner has prepared a conceptual site plan development of the Property dated
2021 as depicted in Exhibit B ("Conceptual Plan"), which is attached hereto and
incorporated herein by reference. The Parties agree the Conceptual Plan is a conceptual guide for
the development of the Project as defined in this Agreement, but is not intended to be, nor must it
satisfy the requirements of a "Development Plan" as defined in FWRC 19.85.100.
E. Redevelopment of the Property consistent with the Conceptual Plan will be a
benefit to the City through implementation of the vision of the Comprehensive Plan by, among
other reasons, providing new market -rate housing opportunities for City residents.
F. Redevelopment of the Property also supports and implements the City's recently
adopted Housing Action Plan objectives and strategies, including Objective 1 to "promote new
market -rate... construction that expands housing choices" and Objective 2 to "encourage
homeownership opportunities and support equitable housing outcomes" by providing new market -
rate housing choices for City residents and the potential for future homeownership opportunities.
G. The City desires to enter into this Agreement to assure the development of the
Property consistent with the Conceptual Plan as a condition of the approval of the Rezone.
H. By this Agreement, the Parties intend to set forth their mutual agreement and
understandings as they relate to the development of the Property.
Ordinance No. 22-938 Page 8 of 20
Exbibii A
NOW THEREFORE, in consideration of the mutual benefits and agreements contained
herein, as well as other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
AGREEMENT
1. Definitions.
1.1. "City Council" means the City Council of the City of Federal Way.
1.2. "Development Regulations" means those sections of the Federal Way Revised
Code, Federal Way Zoning and Development Code, Federal Way Comprehensive Plan,
Federal Way Zoning Map, and any implementing policies, regulations, procedures or
guidelines addressing the zoning, building and site design, utilities, environmental review
(including SEPA procedures and substantive authority), transportation concurrency, and
any other elements that govern the development of real property within the City. A term
defined in the Development Regulations shall have the meaning assigned to it within the
Development Regulations, unless otherwise defined herein.
1.3. "Market -rate" means a type of housing available or offered in the open market
without public, nonprofit, or similar subsidies; provided however, nothing in this definition
shall prohibit housing purchasers from utilizing commercially available affordable housing
financing mechanisms for owner financing of individual units, if offered for sale.
1.4. "Owner" means FIRST AVENUE SOUTH APARTMENTS LLC, a Washington
limited liability company, and its successors and permitted assigns pursuant to Section 11.
1.5. "Development Director" is the Director of the Department of Community
Development.
1.6. "Townhouse" shall have the same meaning as in FWRC 19.05.200, except that it
shall expressly exclude zero lot line townhouses as defined in FWRC 19.05.040.
1.7. Each term defined within the Agreement shall have the meaning assigned to it
within the Agreement.
2. Purpose. As a condition of the City's approval of the Rezone authorized by Ordinance
, this Agreement governs Owner's right to develop the Property pursuant to the RM-
1800 zoning subject to the Public Benefits and the Development Regulation modifications defined
in Section 3.
3. Project. The Owner shall develop the Property with a Townhouse community generally
consistent with the Conceptual Plan (collectively, the "Project") subject to the following
conditions:
3.1. Public Benefits. The Project shall provide the following public benefits:
Ordinance No. 22-938 Page 9 of 20
Exhibit A
a. Market -rate Townhouses. Development of the Property shall be limited to
a Market -rate Townhouse community. Within sixty (60) days of issuance of the
Certificate of Occupancy for the final Townhouse in the Project, the Owner shall
execute and record a Map in the form required by RCW 64.90.245 and a
Declaration in the form required by RCW 64.90.225, to create a residential
condominium community that allows each individual Townhouse to be sold as a
condominium; provided, however, nothing in this provision shall require Owner to
sell any individual Townhouse as a condominium and the Property may operate as
a "for rent" apartment community at the sole discretion of Owner.
b. Dedicate garage parking. Each Townhouse shall provide privately
accessible two (2) stall garage parking, which may be in a tandem configuration.
C. Access to open space. Open space provided by the Project shall comply
with FWRC 19.205.010 and shall provide access directly to private yards and/or
balconies from each Townhouse.
d. Amenities building. Owner shall design and construct any permanent
leasing or sales office and common amenity building in the Project to be
substantially in the same architectural style as the Project's Townhouses.
3.2. Development Regulation Modifications. The Parties agree that the Development
Regulations shall apply to the City's review of the Project; provided however; as a
component of this Agreement, the City approves the following modifications for the
Development Regulations applicable to the Project:
a. Parking. Each Townhouse shall have 2 garage parking stalls. Guest parking
shall be surface -parked and provided at a 1 stall per 6 dwelling unit ratio.
b. Minimum building separation. The minimum required separation between
structures shall be 10 feet.
4. Vesting. Except as provided in Sections 4.1 and 4.2, and as may otherwise be prohibited
by law, Owner shall be entitled to develop the Project under the Development Regulations and
land use controls in effect as of the Effective Date of this Agreement ("Vested Code Provisions"),
which shall apply for the Term of this Agreement.
4.1. Exemptions. The following are exempt from vesting under this Agreement:
a. Plan review fees, inspection fees, and other land use application fees;
b. Connection charges, general facilities charges and monthly service charges;
c. Amendments to building, plumbing, fire and other construction codes adopted
pursuant to RCW Ch. 19.27 or 19.27A;
d. Impact fees authorized by state law; and
Ordinance No. 22-938 Page 10 of 20
Exhibit A
e. City enactments that are adopted pursuant to state or federal mandates (such as
the City's NPDES Municipal Stormwater Permits) that preempt the City's authority
to vest regulations;
4.2. Reserved Rights. Notwithstanding any provision in this Agreement, the City
reserves authority pursuant to RCW 36.70B.170(4) to impose new or different
Development Regulations to the extent required by a serious threat to public health or
safety, as determined by the City Council after written notice and an opportunity to be
heard by Owner.
4.3. Future Agreement Modifications. Amendments. and Procedure. Modification
and/or amendment of this Agreement shall be governed by the procedures in FWRC
19.85.200—.210.
4.4. Further Discretionary Actions. Owner acknowledges that the Project requires
further discretionary review by the City. Nothing in this Agreement shall be construed to
limit the authority or obligation of the City to hold legally required public hearings for the
Project, or otherwise limit the discretion of the City in reviewing the Project as authorized
by the Development Regulations and terms of this Agreement.
5. Agreement to Run with the Land. The benefits and obligations of this Agreement shall run
with the land and continue following the subdivision, leasing, or transfer of ownership to Owner's
successors and assigns in accordance with Section 12.
6. Term. The term of this Agreement shall be ten (10) years from the Effective Date of this
Agreement ("Expiration Date").
7. Construction of Documents. In the event there are any conflicts or ambiguities between
the terms of the body of this Agreement and the terms in any of the Exhibits, the terms of the body
of this Agreement shall control.
Recitals. The Recitals are incorporated herein as material terms of this Agreement.
9. Agreement Consistency with RCW 82.02.020. The Owner agrees that the improvements,
mitigation payments and dedications established by this Agreement shall be consistent with the
requirements of RCW 82.02.020 and mitigate the direct impacts that have been identified as a
consequence of the Project.
10. Recardim4. This Agreement shall be recorded by Owner with the King County Recorder's
Office.
11. Binding Effect;_ Assignability. This Agreement shall bind and inure to the benefit of the
Parties hereto and their respective successors, heirs, legatees, representatives, receivers, trustees,
successors, transferees and assigns. Owner shall have the right, in its sole discretion, to assign or
transfer its rights, in whole or in part, under this Agreement. Owner shall provide City with written
notice of any transfer or assignment at least thirty (30) days prior to the closing of any transaction.
Ordinance No. 22-938 Page 11 of 20
Exhibii A
12. interp.retation. This Agreement has been reviewed and revised by legal counsel for both
Parties, and no presumption or rule construing ambiguity against the drafter of the document shall
apply to the interpretation or enforcement of this Agreement. Nothing herein shall be construed
as a waiver of the City's constitutional and statutory powers. Nothing herein shall be construed or
implied that the City is contracting away its constitutional and statutory powers, except as
otherwise authorized by law.
13. Authorily. Each signatory to this Agreement represents and warrants that he or she has full
power and authority to execute and deliver this Agreement on behalf of the Party for which he or
she is signing, and that he or she will defend and hold harmless the other Parties and signatories
from any claim that he or she was not fully authorized to execute this Agreement on behalf of the
person or entity for whom he or she signed. Upon proper execution and delivery, this Agreement
will have been duly entered into by the Parties, will constitute as against each Party a valid, legal
and binding obligation that shall run with the land, and will be enforceable against each Party in
accordance with the terms herein.
14. Delays. If either Party is delayed in the performance of its obligations in this Agreement
due to Force Majeure, then performance of such obligation shall be excused for the period of delay.
Force Majeure means extraordinary natural events or conditions such as war, riot, labor disputes,
pandemic (including but not limited to COVID-19 or its variants) or other similar causes beyond
the reasonable control of the obligated party.
15. Notices. All notices, requests, demands, and other communications called for or
contemplated by this Agreement shall be in writing, and shall be duly given by mailing the same
by certified mail, return receipt requested; or by delivering the same by hand, to the following
addresses, or to such other addresses as the Parties may designate by written notice in the manner
aforesaid:
Owner: FIRST AVENUE SOUTH APARTMENTS LLC
C/O Weidner Apartment Homes
Attn: Kevin Colard
9757 NE Juanita Drive, Suite 300
Kirkland, WA 98034
Email: keyinCaiweidnencom
And to its Attorney: McCullough Hill Leary, P.S.
Attn: Ian Morrison
701 5th Avenue, Suite 6600
Seattle, WA 98104
Phone: 206-812-3380
Email: iorrison a,mhseattle.com
City of Federal Way: Community Development Director
Attn: Brian Davis
33325 8th Ave South
Federal Way, WA 98003
Ordinance No. 22-938 Page 12 of 20
Exhibii ,4
Phone: 253-835-2612
Email: Brian.Davisgcityoffederalway. coin
And to its Attorney: City Attorney's Office
Attn: Kent van Alstyne
33325 8th Ave South
Federal Way, WA 98003
Phone: 253-835-2562
Email: Kent.VanAIstynegcityoffedera lway.com
16. Dispute Resolution. It is the Parties' intent to work cooperatively and to resolve disputes
in an efficient and cost-effective manner. All disputes arising out of or relating to this Agreement
shall be resolved as follows:
16.1. Settlement Meeting. If any dispute arises between the parties relating to this
Agreement, then the parties shall meet and seek to resolve the dispute, in good faith, within
ten (10) days after a Party's request for such a meeting. The City shall send the Community
Development Director, or a designee with information relating to the dispute, and Owner
shall send an owner's representative or person with technical information or expertise
related to the dispute.
16.2. Mediation. If the Parties cannot resolve the issue within ten (10) days then they
shall mediate the matter using a mediator from Judicial Dispute Resolution, LLC or if that
entity fails or declines to serve, such other similar service or organization as agreed by the
parties, or as appointed by the court if the parties cannot agree (collectively "JDR"), within
seven (7) days of their failure to agree pursuant to Section 16. L The Parties shall evenly
split any fees charged by JDR, regardless of the outcome of the mediation. Each party shall
bear its own attorneys' fees in connection with the mediation. If the Parties have still not
resolved the matter following the mediation, then and only then shall judicial action be
permitted.
17. Governing Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. To the extent permitted, venue for any
judicial action arising out of or relating to this Agreement shall lie in King County Superior Court.
18. Specific Performance. The Parties specifically agree that damages are not an adequate
remedy for breach of this Agreement and that the Parties are entitled to compel specific
performance of all material terms of this Agreement by any Party in default hereof. All terms and
provisions of this Agreement are material.
19. Attorneys' fees. In any judicial action to enforce or determine a party's rights under this
Agreement, the prevailing party (or the substantially prevailing party, if no one party prevails
entirely) shall be entitled to reasonable attorneys' fees, expert witness fees, and costs, including
fees and costs incurred in the appeal of any ruling of a lower court.
Ordinance No. 22-938 Page 13 of 20
Exhibit A
20. No Third -Party Beneficiary. This Agreement is made and entered into for the sole
protection and benefit of the parties hereto and their successors and assigns. No other person shall
have any right of action based upon any provision of this Agreement.
21. Severability. This Agreement does not violate any federal or state statute, rule, regulation
or common law known; but any provision which is found to be invalid or in violation of any statute,
rule, regulation or common law shall be considered null and void, with the remaining provisions
remaining viable and in effect.
22. Cooperation in Execution of Documents. The Parties agree to properly and promptly
execute and deliver any and all additional documents that may be necessary to render this
Agreement practically effective. This Paragraph shall not require the execution of any document
that expands, alters or in any way changes the terms of this Agreement.
23. Exhibits. This Agreement includes the following exhibits which are incorporated by
reference herein:
Exhibit A — Legal Description of Property
Exhibit B — Conceptual Plan
24. Full Understanding. The Parties each acknowledge, represent and agree that they have
read this Agreement; that they fully understand the terms thereof, that they have had the
opportunity to be fully advised by their legal counsel and any other advisors with respect thereto;
and that they are executing this Agreement after sufficient review and understanding of its
contents.
25. No Joint Venture. This Agreement is not intended to and nothing in this Agreement shall
create any partnership, joint venture or other arrangement between the Parties.
26. Final and Complete Agreement. This Agreement is integrated and constitutes the final and
complete expression of the Parties on all subjects relating to the development of the Property. This
Agreement supersedes and replaces all prior agreements, discussions and representations on all
subjects discussed herein, without limitation. No Party is entering into this Agreement in reliance
on any oral or written promises, inducements, representations, understandings, interpretations or
agreements other than those contained in this Agreement and the exhibits hereto.
[SIGNATURE PAGE FOLLOWS]
Ordinance No. 22-938 Page 14 of 20
Exhibit A
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first set
forth above.
FIRST AVENUE SOUTH APARTMENTS LLC,
a Washington limited liability company
By:
Name:
Its:
CITY OF FEDERAL WAY,
a Washington municipal code city
Jim Ferrell, Mayor
ATTEST:
Stephanie Courtney, CMC, City Clerk
APPROVED AS TO FORM:
Ryan Call, City Attorney
Ordinance No. 22-938 Page 15 of 20
Exhibit A
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day personally appeared before me . , to me known to be the
of First Avenue South Apartments LLC that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited
liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was
authorized to execute said instrument.
GIVEN my hand and official seal this day of , 20
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
Ordinance No. 22-938 Page 16 of 20
Exhibit A
EXHIBIT A
LEGAL DESCRIPTION
Lot 1 of the revised King County Short Plat 1075046, Recording #7706100878.
Ordinance No. 22-938 Page 17 of 20
Exhibii A
EXHIBIT B
CONCEPTUAL PLAN
Ordiiianc'e .A'o. 22-938 Page 18 of 20
W15
_ I -
Scheme P
New site area
5.8682961 ac
Allowed dwelling unit density
24 /ac
Total allowed units
140 unit3
Building Count
20
Dwelling Unit Count
130
Unit Parking Stalls
260
Guest Parking rate
26 1:5
Guest Parking stalls
22
Required Private Open Space per unit
20O sf
Required Common Open Space per unit
200 sf
Required Private Open Space
26000.00 sf
Proposed Private Open Space
26000.00 sf
Required Common Open Space
26000.00 sf
Proposed Common Open Space
35186.98 sf
Required Contiguous Common Open Space
13000.00 sf
Proposed contiguous Common Open Space
13771.00 sf
Required Playground Area
2600 sf
Proposed Playground Area
3000 sf
Impervious Surface
Roads, Parking, and Sidewalks
66448 sf
Vault
13950 sf
Buildings
103721 sf
Misc
10496 sf
Total 194615 sf
�" - ------------ ------- --
SCALE: 1161" = V-0m" ,
SITE PLAN - SCHEME P FREIHEIT
FEDERAL WAY, WA 2022.03.15