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17-100108
FELL CITY OF �. Federal Way April 13, 2017 Ann Gygi Hillis Clark Martin & Peterson 999 3Td Ave, Suite 4600 Seattle, WA 98104 RE: File #17-100108-00-AG; TECHNICAL REVIEW COMMENTS Wild Waves Park; 36201 Enchanted Pkwy S, Federal Way Dear Ms. Gygi: CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com Jim Ferrell, Mayor City staff has completed review of your Master Land Use (MLU) application to amend the development agreement amendment between Wild Waves and the city. The amendment proposes to extend the agreement for 20 years and increase the maximum height limit. TECHNICAL COMMENTS Unless otherwise noted, the following comments provided by staff reviewing your project must be addressed prior to issuance of SEPA threshold determination and the scheduling of public hearings. Please direct questions regarding any of the technical comments to the appropriate staff representative. PUBLIC WORKS DEVELOPMENT SERVICES DIVISION (Ann Dower, 253-835-2732, ann.dowe r rr citvoffederaiw ,,iy.com) Development of the Wild Waves/Enchanted Parks property began in 1977, and included stormwater detention and treatment in Mud Lake. Since then, the property owners have made improvements to the existing system and added water quality and detention facilities to treat and detain runoff from additional parking areas. Discharge of chlorinated water from the water rides has been routed to sanitary sewer rather than to the storm drainage system. However, due to changes in stormwater regulations over time, and the unique characteristics of this land use, the site is not in full compliance with current stormwater regulations. As Wild Waves/Enchanted Parks continues site development and renovations, the site must be brought into compliance with Federal Way Revised Code and state and federal requirements. Toward that end, the following language should be added to the new concomitant agreement: Any project requiring land use approval or a building permit that disturbs land or generates new or replaced impervious surface shall be reviewed to determine whether it meets current stormwater thresholds for compliance with water quality and/or detention standards. If the project is not large enough to trigger stormwater requirements, it shall be tracked along with other projects until the cumulative area of disturbed or new/replaced impervious surface triggers compliance with current water quality and/or detention requirements. When thresholds are met, the entire site shall be brought into compliance with the regulations in place at the time that a complete permit application is submitted. Ms. Gygi April li, 2017 Page 2 Once the entire site has been brought into compliance with current regulations, threshold tracking shall begin again at zero, and shall be tracked until the cumulative amount of development activity again triggers compliance with stormwater regulations in place at the time of a complete permit application. PUBLIC WORKS TRAFFIC DIVISION (Sarady Long, 253-835-2743, sarady.lonLyAcitvoffederalway.com) Traffic Impact Analysis (TIA) — A traffic study was conducted in 1995 to establish a baseline for traffic generated by the uses and activities. This study must be revised to re-establish a new baseline traffic generation by the uses and activities and shall also include a parking management plan to minimize traffic queues onto public streets. The traffic study must be performed by a licensed traffic engineer. To expedite the preparation of the required study, please have the traffic engineer contact the Traffic Division for a scoping sheet. Once the traffic study has been completed and approved by the City, the concomitant agreement must be updated to reflect the results of the study. Please note, the study must be completed before commencing with the SEPA review and any public hearings. 0 Adaptive Signal Control System Project — The City has a project to enhance mobility by implementing an adaptive signal system along congested corridors. Three traffic signals on SR 161 (Enchanted Parkway S) adjacent to the site are under WSDOT jurisdiction and are not part of the City adaptive signal project. Since these three signals are not part of the system, the City cannot upgrade the signal system and implement a plan to maximize traffic flow entering or exiting Wild Waves. Option for your consideration (not a requirement and must be approved by WSDOT) — With WSDOT approval, contribute approximately $40,000 - $50,000 to provide upgrades for the three signals with up to a combined total of $15,000 per year maintenance. Pending approval from WSDOT, the city would incorporate the three signals into the adaptive signal project. This allows optimization of traffic flow at key intersections along SR 161 which would improve traffic flow entering and exiting frorn Wild Waves. The following language should be added to the new concomitant agreement: • Street Frontage Improvements and Access Management — Future uses and activities will be subjected to frontage improvement per codes in effect at the time. Mitigation and Impact Fees — Future uses and activities that generate new PM trips above the established baseline will be subjected to'concurrency management and traffic impact fees program in effect at the time. • Parking Management — A parking management plan must be performed for each phase of future uses and activities that generate new trips. The parking management plan shall be prepared by a professional engineer and shall address on -site and off -site queueing and traffic impacts on neighborhoods. I7-100108-00-AG Doc, 1.D_ 7i702 1 Ms. Gygi April 13, 2017 Page 3 CLOSING When resubmitting requested information, please provide a written response to each of the above - referenced items and three copies of any documents with a resubmittal form (enclosed). PROJECT CANCELLATION Pursuant to FWRC 19.15.050, if an applicant fails to provide additional information to the city within 180 days of being notified that such information is requested, the application shall be deemed void and the city shall have no duty to process, review, or issue any decisions with respect to such an application. If you have any questions regarding this letter or your development project, please contact me at 253-835- 2638, or David. VanDeWep-h.e citvofFederalnvay.cam. Sincerely, Dave Van De eghe, AICP Senior Planner enc: Resubmittal Form c: Todd Suchan, 36201 Enchanted Pkwy S, Federal Way, WA 98003 Brian Davis, Community Development Director E.J. Walsh, Deputy Public Works Director Cole Elliott, Development Services Manager Stacey Welsh, Senior Planner Sarady Long, Senior Transportation Planning Engineer Ann Dower, Senior Engineering Plans Reviewer 17-100108-00-AG Doc I D. 75702 k CITY OF A" Federal March 17, 2017 Ann Gygi Hillis Clark Martin & Peterson 999 -) Avenue_, Suite 4600 Seattle, WA 98104 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com Jim Ferrell, Mayor RE: File #17-100108-00-AG; PREAPPLiCATION SUMMARY LETTER Wild Waves/Enchanted Parks Amendment to Development Agreement; 36201 Enchanted Parkway S, Federal Way Dear Ms. Gygi: Thank you for participating in the preapplication conference with the City of Federal Way's Development Review Committee (DRC) held March 2, 2017. We hope that the information discussed at that meeting was helpful in understanding the general requirements for your project as submitted. This letter summarizes comments given to you at the meeting by the members of the DRC. The members who reviewed your project and provided comments include staff from the City's Planning and Building Divisions and Public Works Department. Please be advised, this letter does not represent all applicable codes. Please refer to the complete FWRC and other relevant codes for all additional requirements that may apply to your project. The key contact for your project is Dave Van De Weghe, 253-835-2638, david.vandeweghe@cityoffederalway.com. For specific technical questions about your project, please contact the appropriate DRC representative as listed below. Otherwise, any general questions about the preapplication and permitting process can be referred to your key contact. PROJECT DESCRIPTION The applicant proposes a fourth amendment to the concomitant development agreement originally adopted by resolution in 1998. The amendment will: 1. Increase the maximum height in a portion of the site from 125 feet to 200 feet for amusement rides. 2. Pave the existing gravel Parking Lot B and remove existing landscaping islands to accommodate additional parking spaces. 3. Extend the term of the agreement to the year 2036. MAJOR ISSUES . Outlined below is a summary of the major issues of your project based on the plans and information submitted for preapplication review. These issues can change due to modifications and revisions in the plans. These major issues only represent comments that the DRC consider most significant to your project and do not include the majority of the comments provided. The major issues section is only provided as a Vls. Gv0i March 17.2017 Page 2 means to highlight critical requirements or issues. Please be sure to read the entire department comments made in the next section of this letter. Planning Division l . Specify that the height increase shall apply only to amusement attractions. 2. , Provide parking stall calculations for current capacity and after the proposed parking lot project. Public Works Development Services Division Current stormwater regulations apply, as outlined in the 2016 King County SuiJace Water Design Allanual (KCSWDM) and the City's addendum to that manual. The concomitant agreement must be revised to accommodate current water re(yulations in place at the time of permitting. • Public Works Traffic Division 1. Provide revised traffic and parking studies. 2. See traffic signal upgrade comments. DEPARTMENT COMMENTS Outlined below are the comments made by the representatives of each department present at the preapplication conference. Each section should be read thoroughly. If you have questions, please contact the representative listed for that section. PLANNING DIVISION (Dave Van De Weghe, 253-835-2638, davitf.vanciewc he citr-offederal►vay.com) I . Land Use Designation — The property is subject to the Concomitant Development Agreement approved by the city as Ordinance No. 98-310, effective April 6, 1998, and the OP-4, Office Park zoning district. Review Process — The requested Development Agreement text amendments are subject to the procedures of FWRC 19.85. Site improvements require separate Use Process review and approval. Environmental Review — The project is not categorically exempt from the State Environmental Policy Act, Chapter 43.21 C RCW; therefore. it shall be reviewed pursuant to Process 111. An environmental threshold determination made by the Director of Community Development must be issued prior to City Council action and land use or building permit approval. 4. Parking Lot Landscaping— The applicant requests to remove landscaping islands from Parking Lot B. Provide parking stall calculations for current capacity and after the proposed parking lot project. For reference, please see the city's parking lot landscaping requirements fi-om FWRC 19.125.070, which requires landscaping islands in addition to interior landscaping. (1) Purpose. The purpose ofthis section is to break up large areas of impervious surfaces, mitigate adverse impacts created by vehicle use areas which include noise, glare and increases in heat reflection by buffering, screening adjacent properties and shading, respectively, to facilitate movement of traffic, and improve the physical appearance of 17-I00IOS-00-AG Duc I D 75484 Ms. Civoi March 17. 2017 Page 3 vehicle use areas. Developments are encouraged to use parking lot landscaping as on -site LID stormwater infiltration facilities, unless such techniques are infeasible. LID stormwater infiltration facilities shall be designed and constructed in accordance with FWRC Title 16, Surface Water Management. (2) Type IV Landscaping. Type IV landscaping shall be provided within surface parking areas as follows: (a) Required interior lot landscaping. Landscape area shall be provided at the following rate within paved areas: (i) Commercial, industrial, and institutional developments shall provide the following: (B) Twenty-two square feet per parking stall when 50 or more parking stalls are being provided. (3) Landscape islands. Landscape islands shall be a minimum size of 64 square feet and a maximum of 305 square feet, and a minimum width of six feet at the narrowest point for islands at the end of 90-deQree parking rows, three feet at the end of rows with angled parking, and eight feet in width for islands used to separate head -to -head parking stalls and shall be provided at the following locations: (a) At the end of al I rows of parking; and (b) For separation buffering between loading doors or maneuvering areas and parking areas or stalls; and (c) Any remaining required landscaping shall be dispersed throughout the interior parking area in a manner to reduce visual impact of the parking lot, (d) Deciduous trees are preferred for landscape islands within interior vehicle use areas. (4) Curbing. Permanent curbing shall be provided in all landscape areas within or abutting parking areas. Based upon appropriate surface water considerations, other structural barriers may be substituted for curbing, such as concrete wheel stops. Figure 8 — FWRC 19.125.070(4) 17-I00I08-00-AG Do, I D 7�454 Ms. Gvei March 17. 2017 Paae 4 (6) Vehicular overhang. Vehicular overhang into any landscaping area shall not exceed two feet. t ,ief_-t-s4AuN Al s. Figure 9 — FW RC 19.125.070(6) (7) Landscaping and irrigation. (a) All landscape islands within parking areas shall use drought -tolerant trees, shrubs and groundcovers. The use of plants native to the Pacific Northwest is encouraged. Lawn shall not be permitted in landscape islands less than 200 square feet and shall be used as an accessory planting material to required trees, shrubs, and other groundcovers. (b) No plant material greater than 12 inches in height shall be located within two feet of a curb or other protective barrier in landscape areas adjacent to parking spaces and vehicle use areas. 5. Maximum Heigh/ — The applicant requests an increase in maXimum height from 125 ft. to 200 ft. within the amusement area identified in application Exhibit A. Staff requests additional language in the Development Agreement to specify that the height increase shall apply only to amusement attractions. PUBLIC WORKS DEVELOPMENT SERVICES DIVISION (Ann Dower, 253-835-2732, ann.dower@cityoffecleralway.com) Land Use Issues — Stormwater Due to changes in stormwater regulations from the EPA and the Washington Department of Ecology over time, the City of Federal Way cannot allow the concomitant agreementto dictate stormwater requirements. A revised concomitant agreement must include provisions to meet the applicable stormwater regulations that are in place at the time of a project's permitting. Also of concern is the cumulative effect of redevelopment. As a unique land use, the theme park's projects — new rides, small outbuildings, etc. - do not easily fit into the activities that trigger water quality 17-100108-00-AG Doc I D 7,484 1vls. G) gi March 17, 2017 Pa(,e 5 and flow control upgrades. Yet redevelopment continues to occur, and in accordance with the NPDES regulations from Ecology it is the City's responsibility to ensure that redevelopment is brought into compliance with current standards. To that end, the new concomitant agreement should include a provision to bring the theme park into compliance with stormwater regulations when new projects reach a total of disturbed area, new/replaced impervious area, etc. that meet current thresholds. In that scenario, several rides might be replaced before flow control or water quality upgrades are triggered, but at some point the park would come into compliance with current standards. Regarding any current proposals, such as paving the gravel parking area or replacing existing landscape islands with parking, the following comments outline the City's current stormwater regulations: Surface water runoff control and water quality treatment will be required per the 2016 King County Surface Water -Design Manual (KCSWDM) and the City of Federal Way Addendum to the 2016 KCSWDM. Staff expects that the proposed parking lot paving and proposed removal of existing landscape islands will trigger requirements for a Full Drainage Review. At the time of land use site plan submittal, a preliminary Technical information Report (TIR), addressing the relevance of the project to the nine core and five special requirements of the KCSWDM will be required. A Level 1 downstream analysis may also be required. The project lies within a Conservation flow control area, thus the applicant must design the flow control facility to meet this performance criteria. In addition to flow control facilities, Best Management Practices (BMP's) are required as outlined in the KCSWDM. The project also lies within an Enhanced Basic Water Quality Area. Water Quality Treatment shall be designed to meet the treatment criteria of the Enhanced Basic Water Quality Menu. As outlined in the KCSWDM; Best Management Practices (BMP's) are required in addition to flow control. 3. In addition to the KCSWDM, our initial review suggests that FWRC -19.30.120, "Nonconforming Water Quality Improvements" applies to this site. Specifically, the following items are applicable: 1.a. Redevelopment which involves the creation or addition of impervious surfaces having an area of 5,000 square feet or more; I .b. Redevelopment which involves the construction or replacement of a building footprint or other structure having a surface area of 5,000 square feet or more, or which involves the expansion of a building footprint or other structure by 5,000 square feet of surface area or more; 1.e. Redevelopment which involves the repair or replacement of 5,000 square feet or more of an impervious surface, when such redevelopment is not part of a routine maintenance activity; l .d. Redevelopment which involves the collection and/or concentration of surface and/or stormwater runoff from a drainage area of 5,000 square feet or more; 1.e. Redevelopment which contains or directly discharges to a floodplain, stream, lake, wetland, or closed depression, groundwater recharge area, or other water quality sensitive area determined by the Public Works Director, based on a'written map, policy, water quality monitoring data or plan in existence or implemented by the Director prior to submission of a redevelopment application which is determined to trigger application of this subsection, or based on information developed during review of a particular redevelopment application, 17- 100 1 08-00-AG Doc I D 7541K4 Ms. Gygi March 17. 2017 Page 6 l.f. Redevelopment which involves a change in use, and the changed use has a potential to release a new pollutant(s) to surface water systems within the City. For the purposes of this subsection, "new pollutant(s)" means a pollutant that was not discharged at that location immediately prior to the change in use, as well as a pollutant that was discharged in less quantities immediately prior to the change in use; La. Redevelopment, other than normal maintenance or other than the tenant improvements, but including any increase in gross floor area, in any one consecutive 12-month period which exceeds 50 percent of the assessed or appraised value (whichever is greater) of the structure or improvement being redeveloped. The applicant may provide an appraisal of the improvernent. The appraisal must be from a source acceptable to the City. The Director may require the applicant to provide an appraisal from a second source acceptable to the City if the assessed valuation appears to be inaccurate or inappropriate. If more than one appraisal is provided by the applicant or required by the City, the greater of the two amounts shall be used. For purposes of this determining value under this section, improvements required pursuant to FWRC Sections 19.30.090 (nonconforming development), 19.30.1 10 (street/sidewalk improvements), 19.30.120 (nonconforming water quality improvements) and 19.135.030 (street/sidewalk improvements) shall not be counted towards the 50 percent threshold which would trigger application of this subsection: l .h. Redevelopment of property which drains or discharges to a receiving water that has a documented water quality problem, as determined by the Public Works Director based on a map, plan, water quality monitoring data or a written policy in existence or implemented by the Director prior to submission of a redevelopment application determined to trigger application of this subsection, where the Director determines that the redevelopment requires additional specific controls to address the documented water quality problem. Therefore, water- quality treatment will be required for the entire site, including new and existing Pollution generating impervious surfaces. Treatment options must be selected from the Enhanced Basic Water Quality Menu provided in the KCSWDM. 4. If infiltration is proposed, soil logs prepared by a licensed geotechnical engineer or septic designer must be provided to verify infiltration suitability. 5. Detention and water quality facilities must be above ground (i.e. open pond). Underground facilities are allowed only with approval from the City of Federal Way Public Works Department. 6. Show the proposed location and dimensions of the detention and water quality facilities on the preliminary plans. 7. If more than one acre will be disturbed during construction, a National Pollutant Discharge Elimination System (NPDES) construction storm water permit may be required. Information regarding this permit can be obtained from the Washington State Department of Ecology at llttl?:/Iwi A,w,ecy.wa.goN,/p1_o�rams/storin►eater/eorlstructior3/index.htrzil or by calling 360-407- 6048. 17-100108-00-.AG Doc LD 75494 Ms. Gygi March 17_ 2017 P'i(re 7 8. If work is to be done below the ordinary high water mark, a Hydraulic Project Approval (HPA) permit may be required. Information regarding this permit can be obtained from the Washington Department of Fish and Nildlife. Right -of -Way Improvements See the Traffic Division comments from Sarady Long, Sr. Transportation Planning Engineer, for traffic related items. If dedication of additional right-of-way is required to install street frontage improvements, the dedication shall be conveyed to the City through a statutory warranty deed. The dedicated area must have clear title prior to recording. All stormwater treatment and detention requirements outlined above may apply to any improvements within the public right-of-way. Building (or EN) Permit Issues Engineered plans are required for clearing, grading, road construction, and utility work. Plans must be reviewed and approved by the City. Engineering review fees are currently $2,430.00 for the first 16 hours of review, and $135.00 per hour for additional review time. A final TIR shall be prepared for the project and submitted with the engineering plans. Both the TIR and the plans will require the signature/seal of a professional engineer registered/licensed in the state of Washington. In addition to engineering approval, short plats and subdivisions are required to obtain a separate permit for grading. Details and fees may be obtained from the Building Department. The Federal Wcry Public Works Development Standards Manual (including standard detail drawings, standard notes, and engineering checklists) is available on the City's website at: ►v%vw.ciiv<)ffeder,il%vnv.com/node/1467 to assist the applicant's engineer in preparing the plans and TIR. Bonding is required for all street improvements and temporary erosion and sediment control measures associated with the project. The bond amount shall be 120 percent of the estimated costs of the improvements. An administrative fee deposit will need to accompany the bond to cover any possible legal fees in the event the bond must be called. Upon completion of the installation of the improvements, and final approval of the Public Works Inspector, the bond will be reduced to 30 percent of the original amount and held for a two-year maintenance period. 5. The developer will be responsible for the maintenance of all storm drainage facilities (including the detention and water quality facilities) and street systems during the two-year maintenance period. During that time, the Public Works Inspector will make periodic visits to the site to ensure the developer's compliance with the maintenance requirements. Upon satisfactory completion of the two-year maintenance period, the remainder of the bond will be released. Maintenance for public roads and subdivision drainage facilities then become the responsibility of the City. Maintenance for private roads and drainage facilities, including short plats, remain the responsibility of the individual property owners. 17.1001 9-00-AG Doc I D 75484 Ms. Gygi March 17.2017 Pace 8 When topographic survey information is shown on the plans, the vertical datum block shall include the phrase "DATUM: N.G.V.D.-29" or "DATUM: K.C.A.S.," on all sheets where vertical elevations are called out. 7, Drawings submitted for plan review shall be printed on 24" x 36" or 22" x 34" paper. Site plans shall be drawn at a scale of 1" = 20', or larger. Architectural scales are not permitted on engineering plans. 8. Provide cut and till quantities on the clearing and grading plan. 9. Temporary Erosion and Sediment -control (TESL) measures, per Appendix D of the 2009 KCSWDM, just be shown on the engineering plans. 10. The site plan shall show the location of any existing and proposed utilities in the areas affected by construction. PUBLIC WORKS TRAFFIC DIVISION (Sarady Long, 253-835-2743, saradv.InlnngCi?cit?cityoff�e(leraIWE.cam) ■ Traffic Impact Analysis (TIA) — A traffic study was conducted in 1995 to establish a baseline for traffic generated by the uses and activities_ This study must be revised to re-establish a new baseline traffic generation by the uses and activities and shall also include parking management plan to minimize traffic queues onto public streets. The study shall be performed by a licensed traffic engineer. ■ Mitigation and Impact Fees — Future uses and activities that generate new PM trips above the established baseline will be subjected to concurrency management and traffic impact fees program in effect at the time. ■ Parking Management —A parking management plan must be performed for future uses and activities that generate new trips. The parking management plan shall be prepared by a professional engineer and shall address on -site and off -site queueing and traffic impact on neighborhood. ■ Adaptive Signal Control System Project — The City has a project to enhance mobility by implementing adaptive signal system along congested corridors. Three traffic signals on SR 161 (Enchanted Parkway S) adjacent to the site are under WSDOT jurisdiction and are not part of the City project. Since these three signals are not part of the system, the City cannot upgrade the signal system and implement plan to maximize traffic flow entering or exiting Wild Waves. Option for consideration (not a requirement and need approval from WSDOT): With WSDOT approval, contribute approximately $40,000 - $50,000 to provide upgrades for the three signals with up to a combined total of $15,000 per year for maintenance. Pending approval from WSDOT, the city would incorporate the three signals into the adaptive signal project. This allows optimization of traffic flow at key intersections along SR 161 which would improve traffic flow entering or exiting from Wild Waves. O Street Frontage Improvements and Access Management — FutLll-e uses and activities will be subjected to frontage improvement per codes in effect at the time. 17-100105-00-A(, Doc I D 7;4S4 Ms. Gvni March 17. 20 17 Page 9 CLOSING This letter reflects the information provided at the preapplication meeting and is intended to assist you in preparing plans and materials for formal application. We hope you found the comments usefirl to your project. We have made every effort to identify major issues to eliminate surprises during the City's review of the formal application. The completion of the preapplication process in the content of this letter does not vest any future project application. Comments in this letter are only valid for one year as per F W RC 19.40.070 (4). As you know, this is a preliminary review only and does not take the place of the full review that will follow for the formal applications (File #17-100108-AG & 17-100109-SE) filed on January 9, 2017. Comments provided in this letter are based on application materials submitted. Modifications and revisions to the project as presented for this preapplication may influence and modify information regarding development requirements outlined above. in addition to this preapplication letter, please examine the complete FWRC and other relevant codes carefully. Requirements that are found in the codes that are not addressed in this letter are still required for your project. If you have questions about an individual comment, please contact the appropriate department representative noted above. Any general questions can be directed towards the key project contact, Dave Van De Weghe, 253-835-2638, david.vandeweglie@cilyoffederalway.com. We look forward to working with you. Sincerely, Dave Van De Weghe Senior Planner c: Todd Suchan; 36201 Enchanted Parkway S. Federal Way. WA 98003 Brian Davis. Community Development Director E.J. Walsh; Depute Public Works Director Cole Elliott. Development Services Manager Saradv Long, Senior Transportation Planning Engineer Ann Dower, Senior Engineering Plans Reviewer 17-IOOIOS-00-AG Doc I D 7�454 4ik CITY Federalo� Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8" Avenue South I Federal Way, WA 98003-6325 R E S U BI'V11 1-7E ® 253-835-2607; Fax 253-835-2609 www.cityoffederalway.com J U N 19 2017 CFTY OF FIDE AL WAY COMMUNITY I)EVELOriMENT ENVIRONMENTAL CHECKLIST Revised 6/12/17 PURPOSE OF CHECKLIST The State Environmental Policy Act (SEPA), Revised Code of Washington (RCW) Chapter 43.21C, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS This environmental checklist asks you to describe some basic information about our proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply." Complete answers to questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NON -PROJECT PROPOSALS Complete this checklist for non -project proposals, even though questions may be answered "does not apply." In addition, complete the Supplemental Sheet for Non -Project Actions. For non -project actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. Bulletin *050 — January 1, 2011 Page 1 of 18 k:\Handouts\Environmental Checklist A. BACKGROUND 1. Name of proposed project, if applicable: ENCHANTED PARKS AMENDMENT TO DEVELOPMENT AGREEMENT. Increase allowed height in Area 3 to 200' to allow development of additional amusement attractions (see Attachment 1); extend the termination date of the Development Agreement by 20 years. 2. Name of applicant: CLP ENCHANTED VILLAGE LLC 3. Address and phone number of applicant and contact person: Applicant: Jeff Stock and Todd Suchan 36201 Enchanted Parkway S Federal Way, WA 98003 (253)661-8000 4. Date checklist prepared: October 2016 5. Agency requesting checklist: City of Federal Way Contact Person: Ann M. Gygi Hillis Clark Martin & Peterson P.S. 999 Third Ave., Suite 4600 Seattle, WA 98104 (206) 623-1745 6. Proposed timing or schedule (including phasing, if applicable): As soon as possible 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. Yes, may seek future permits for additional amusement attractions to be located on the area shown on Attachment 1, °Increased Height Zone." 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. See Attachment 2 with results of visual analysis for the proposed Increased Height Zone. Bulletin B050 —January 1, 2011 Page 2 of 18 k:\Handouts\Environmental Checklist 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None known 10. List any government approvals or permits that will be needed for your proposal, if known. City of Federal Way approval of Development Agreement amendments. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. Amend the Development Agreement to increase the height on a portion of Wild Waves/Enchanted Parks to allow possible future development of new amusement attractions; and to extend term by 20 years. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. Wild Waves/Enchanted Parks is located east of and adjacent to I-5 and Milton Road, south of SR161. The Park is bounded by S. 369th Street to the south, and 19th Way South on the east. B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle one): flat, rolling, hilly, steep slopes, mountainous, other. Rolling Bulletin #050 —January 1, 2011 Page 3 of 18 k:\1landouts\Environmental Checklist b. ' What is the steepest slope on the site (approximate percent slope)? The property generally slopes to Mud Lake at slopes ranging from 1 to 40% slopes. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, mulch)? If you know the classification of agricultural soils, specify them and note any prime farmland. The soils found on the site are classified Aldercut (AgQ by the U.S. Soil Conservation Service. The soil type is gravely sandy soil. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. None known. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Future ride construction in the Increased Height Zone would require minimal onsite grading. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. None expected. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Approximately 70% of the site covered with impervious surfaces. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any. During construction activity, temporary erosion control measures will be utilized to reduce the potential of erosion as required by the City of Federal Way. Bulletin #050 —January 1, 2011 Page 4 of 18 k:\Handouts\Environmental Checklist 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. None associated with amendment to Concomitant Agreement. b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. None known. c. Proposed measures to reduce or control emissions or other impacts to air, if any. None are expected to be needed beyond code compliance. 3. WATER a. Surface. 1) Is there any surface water body on or in the immediate vicinity of the site (including year- round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. Yes, "Mud Lake" is a closed depression pond located in the Park. As a surface water retention pond in a closed depression "Mud Lake" is not subject to regulations under FWRC Ch. 15.05, "Shoreline Management" and Ch. 15.10, "Environmentally Critical Areas" of the FWCC. See Section 3.3.1 of the Development Agreement. The Increased Height Zone for possible future amusement attractions will be located north and west of Mud Lake. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. No Bulletin R050 —January 1, 2011 Page 5 of 18 k:\Handouts\Environmental Checklist 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. None 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. No 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No b. Ground. 1) Will ground water be withdrawn, or will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. No 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. Bulletin #050 —January 1, 2011 Page 6 of 18 k:\Handouts\Environmental Checklist None c. Water Runoff (including stormwater) 1) Describe the source of runoff (including stormwater) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Stormwater from the site will be collected in the existing storm drain system and discharged into the existing drainage system. 2) Could waste materials enter ground or surface waters? If so, generally describe. No d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any. Temporary erosion control measures will be installed during construction under future permit applications. 4. PLANTS a. Check or circle types of vegetation found on the site. _ deciduous tree: alder, maple, aspen, other X evergreen tree: fir, cedar, pine, other X shrubs grass pasture crop or grain wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other water plant: water lily, eelgrass, milfoil, other other types of vegetation Bulletin *050 — January 1, 2011 Page 7 of 18 k:\Handouts\Environmental Checklist b. What kind and amount of vegetation will be removed or altered? Minimal amount c. List threatened or endangered species known to be on or near the site. None known d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any. No new landscaping proposed. 5. ANIMALS a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site. Songbirds. birds: hawk, heron, eagle, songbirds, other mammals: deer, bear, elk, beaver, other fish: bass, salmon, trout, herring, shellfish, other b. List any threatened or endangered species known to be on or near the site. None known. c. Is the site part of a migration route? If so, explain. The property falls within the Pacific Fly Migration one, which includes the entire state of Washington. Bulletin 4050—January 1, 2011 Page 8 of 18 k:\Handouts\Environmental Checklist d. Proposed measures to preserve or enhance wildlife, if any. None are proposed. 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. On -site electrical service will be required for the operation of future amusement attractions , i.e., motors, pumps and lights. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any. No energy conservation features are included in the plans for this proposal. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. None Bulletin 4050 —January 1, 2011 Page 9 of 18 k:\Handouts\Environmental Checklist 1) Describe special emergency services that might be required. None known. 2) Proposed measures to reduce or control environmental health hazards, if any. None should be required. b. Noise. 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment operation, other)? Existing noise in the area is from off -site traffic (I-5 and Milton Road), mechanical noise from existing amusement attractions and loud voices from park visitors and riders of the park attractions. 2) What types and levels of noise would be created by or associated with the project on a short-term or long-term basis (for example: traffic, construction operation, other)? Indicate what hours noise would come from the site. Future amusement attractions would have the same types of loud voice noise coming from the riders as from other park rides. It is not expected a new ride itself will produce any noise over current ambient levels or produce noises louder than is currently produced by adjacent attractions in the Park. 3) Proposed measures to reduce or control noise impacts, if any. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? Current use of the site is Amusement Park. The site is entirely surrounded by right of way. Nearby uses include residential and the I-5 Freeway. Bulletin #050—January 1, 2011 Page 10 of 18 k.\Handouts\Environmental Checklist b. Has the site been used for agriculture? If so, describe. No c. Describe any structures on the site. The amusement park contains a variety of rides and support facilities. d. Will any structures be demolished? If so, what? No e. What is the current zoning classification of the site? Office Park (OP4) subject to the existing Agreement f. What is the current comprehensive plan designation of the site? The Comprehensive Plan designation of the site is Commercial Recreation. g. If applicable, what is the current shoreline master program designation of the site? Not applicable. h. Has any part of the site been classified as an environmentally critical area? If so, specify. Parcel Q of the site (as shown on Exhibit J to the Concomitant Development Agreement) may include sensitive area(s). Bulletin 4050 — January 1, 2011 Page I I of 18 k:\Handouts\Environmental Checklist i. Approximately how many people would reside or work in the completed project? No new employees will be required in connection with the amendment to the Concomitant Agreement. Approximately how many people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts, if any. None are proposed. 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any. The location for added height was selected as being the least visible from residential communities located southeast of the park 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low- income housing. None. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None. Bulletin 4050 — January 1, 2011 Page 12 of 18 k:\Handouts\Environmental Checklist c. Proposed measures to reduce or control housing impacts, if any. None. 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? No structures are presently proposed, but the height increase would allow a ride to be 200' at its highest point, in the prescribed area only. b. What views in the immediate vicinity would be altered or obstructed? No views would be obstructed. See Attachment 2 showing where the highest point of a future additional amusement attraction would be visible from each area around the Park. The high point was not visible from 19th Way South and S. 369th Streets, adjacent to residential neighborhoods. c. Proposed measures to reduce or control aesthetic impacts, if any. The selected site for the increased height allowance is adjacent to Milton Road. When viewed from the freeway (I-5) and Milton Road, the scene is mostly other amusement park rides and buildings. The addition of a future additional amusement attraction would just be an extension of this same view. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? As exists for other rides in the Park, a future additional amusement attraction would have area lighting to provide a safe environment for riders and the lights will mainly be used during the evening/night time hours of operation. Bulletin 4050 — January 1, 2011 Page 13 of 18 k:\Handouts\Environmental Checklist b. Could light or glare from the finished project be a safety hazard or interfere with views? Light or glare is not expected to be a safety hazard. c. What existing off -site sources of light or glare may affect your proposal? None. d. Proposed measures to reduce or control light and glare impacts, if any. The site for the Increased Height Zone has been chosen to minimize noise and visual impacts on the surrounding area. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? Enchanted Parks is an amusement park/water park which provides a wide variety of recreational opportunities for visitors of all ages. b. Would the proposed displace any existing recreational uses? If so, describe. No. This proposal will allow additional recreational uses to visitors of the park. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any. This amendment is being proposed specifically to allow for future additional recreational Bulletin 4050 — January 1, 2011 Page 14 of 18 k.-\Handouts\Environmental Checklist opportunities to add rides that will keep the Enchanted Park facility competitive with regional amusement parks and to extend the term of the Enchanted Park Concomitant Agreement. 13, HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, nation, state, or local preservation registers known to be on or next to the site? If so, generally describe. None known. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None known. c. Proposed measures to reduce or control impacts, if any. None are required. 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The Enchanted Parks facility is served from the north by SR 161 and from the west by Milton Road. b. Is the site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? The nearest known transit stop is the existing Park and Ride lot at South 348th Street and 9th Avenue South. Bulletin #050 —January 1, 2011 Page 15 of 18 k:\Handouts\Environmental Checklist c. How many parking spaces would the completed project have? How many would the project eliminate? No changes to current on -site parking lots are proposed. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). No. This proposal will not generate additional traffic over present levels. No additional roadway improvements should be required. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Although this proposal will not generate new trips, future new amusement attractions in the Increased Height Zone could generate a minor number of vehicular trips (i.e., first time users). New rides would be evaluated under SEPA, if applicable, at the time of permit application as provided under the Concomitant Agreement. g. Proposed measures to reduce or control transportation impacts, if any. None are proposed. Bulletin #050 — January 1, 2011 Page 16 of 18 k:\Handouts\Environmental Checklist 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. No additional public services should be required. b. Proposed measures to reduce or control direct impacts on public services, if any. None are required. 16. UTILITIES a. Circle utilities currently available at the site: No new utilities will be needed. electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other (please list) b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Bulletin #050 —January 1, 2011 Page 17 of 18 k:\Handouts\Environmental Checklist SIGNATURE: 116� —W, DATE SUBMITTED, Bulletin 4050 — January 1, 2011 Page 18 of 18 k:\Handouts\Environmental Checklist A SUPPLEMENTAL SHEET FOR NON -PROJECT ACTIONS Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the proposal, of the types of activities likely to result from the proposal, and if they are likely to affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? None expected. Proposed measures to avoid or reduce such increases: 2. How would the proposal be likely to affect plants, animals, fish, or marine life? None expected. Proposed measures to protect or conserve plants, animals, fish, or marine life: 3. How would the proposal be likely to deplete energy of natural resources? N/A Proposed measures to protect or conserve energy and natural resources: Bulletin 4050 — January 1, 2011 Page 19 of 18 k:\Handouts\Environmental Checklist 4. How would the proposal be likely to use or affect environmentally critical areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? None. Proposed measures to protect such resources or to avoid or reduce impacts: 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans. None. Proposed measures to avoid or reduce shoreline and land use impacts: 6. How would the proposal be likely to increase demands on transportation or public service and utilities? N/A. Proposed measures to reduce of respond to such demands: 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. No conflicts. Bulletin #050 — January 1, 2011 Page 20 of 18 kAHandouts\Environmental Checklist CITY OF �''A%" . Federal Way AXE2vDEL RESUBMITTED MASTER LAND USE APPLICATION MAR R 0 2 2017 DFPA14TAiFN'1'OI, CONi,NIUNIT\, DEvELOPAIEN'I'SElt%,ICES C I 33325 8'"Avenue Soulh Cf1Y OF FEDERAL WAY Federal Way, WA 98003-6325 CO�MMUNFTY DEVELOPMENT 253-835-2607; Fax 253 835-2609 ti+•�s•�r.citLffedcral,+�• co3n APPLICATIONNo(5) 1 -- 1 1J 0 10�16 - rid Project Name WILD WAVESIENCIIANTED PARKS AMENDMENTS TO CONCOMITANT DEVELOPMENT AGREEMENT Property Address/Location ENCHANTED PARKS, 36201 ENCHANTED PARKWAY SOUTH, FEDERAL WAY, WA Parcel Number(s) A portion of See. 28, 29, 32 rind 33, Township 21 N Range 4 East, WA Project Description Amendments to Development Agreement, dated March 3, 1999, Section 13.4 of Agreement changing height ol- Regional Commercial Recreational from 125' to 200' in Area 3 and portion of Area 2 (see attached plan); and Section 12.6 of Agreement extending term from 2016 to 2436; • ' standards for paving and striping grass parking area inside Park, provide alternative development 'LEASP, PRINT Type of Permit Required Annexation Binding Site Plan Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director's Approval) Process II (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SEPA w/Project SEPA Only Shoreline: Variance/Conditional IJsc Short Subdivision -Subdivision Variance: Commercial/Residential X FWCC 19.85.200 (Dev. Aert:ement) Required Information Dcvelo rlrenlA ra1t.OP4 Zoning Designation Commercial Recreation Comprehensive Plan Designation Value of Existing improvements MA Value of Proposed Improvements International Building Code (I BC): Occupancy Type Construction Type Applicant Name: Enchanted Parks, Jeff Stock and Todd Suchan Address: 36201 Enchanted Parkway South City/State: Federal Way. WA Zip:98003 Plione: 253-661 -8008 Fax: d 5 3 — 61 �L S ! 5��t-,cam (v,iG,1,Yn1Fe Email: Signature: } ° &Ff Sh�k Agent (ifdifTercnl than Applicrint) Name: I lillis Clark Martin & Peterson P.S. Attn: Jerome L. Hillis and Ann M. Gygi Address: 999 Third Avenue, Suite 4600 City/State: Seattle, WA "Lip: 98104 Phone: 206-623-1 745 Fax: A I Email: Ann.Gygi a hcmp.com Si =nature: Owner Name: SAME AS APPLICANT Address: City/State: Zip: Phone: Fax: Email: Signature: (-CN- t Aw Table 1— Enchanted Park 2002 Attendance and Tr Attendance / Trips Annual Attendance Annual Trips Maximum Attendance per Day Maximum Trips Per Day Maximum Day PM Peak Trips Average of 10 highest days attendance Average of 10 highest days trips Average of 10 highest days PM Peak Trips Average attendance per Day ips Data 2002 4 87, 007 751,164 389,696 600,931 R` ewP srr 9-,634 10,566 1,445 1,585 9-,442 11,539 7—,5-54 9, 231 343-3 1,385 4,472 5,290 Average trips per Day 3-,4-1-8 4,232 Average Day PM Peak Trips 543 635 2002 actual attendance data from Enchanted Park records applied to Table 1 in EXHIBIT K-2 Trips = (Attendance / 2.5 AVO) * 2. PM Trips = ((Attendance / 2.5 AVO) * 2)*.15 W i ONO A s O A A T (011 0 00] [011 �l A v (O o pOp W 1� 1 0 0 0 0 0 0 o j m o 0 0 o fn m o 0 N s N y o00 oW A A v W W rn m N N A v w N N c� N 01 N a �c 0 71 0 0 N v m W � aoo A A to aNi N po N N N N N N N N N N N N N N N 0 0 0 0 O O O W A A J W W Cn W C C C 01 C C C 0 (O (O O v 0 0 N UI W (71 UI 0 o N N No N N N 0 0 0 0 0 0 rn rn o o W o 0 0 W v W W N r r r r r r r r r r r r r r r r r r r r r r m m m m m m m m m d m m m m m d m m m d m m > > > > > > > > > > > > > > > > > > > > > n n n n n n n n n n n n n n n a n n n n n n C C C C C C C C C C C C C C C C C C C C C C' (O N (O tO (U fD fD N (D (D N t0 [0 N N fD fV tV (0 f0 N f0 C C C C C C C C C C C C C C C C C C C C C C N Ul N M N N N N N N 41 fJl V1 VI N N N N N N N U1 f0 fO f0 N tO fU (U t0 f0 fU (0 f0 (D fD N (O N N fU N f0 tO o o o o 0 o o o o o o o a o o o o o o o o o n n 0 0 0 0 0 n n n n n m m m m m m m m m m m m m m m m m m m m m m UI VI N N 4l U1 UI tll Ul UI (ll U! N N N UI N N N UI UJ Ul N Vl N N N N V1 fll N N N fp y N N N N N N N N N — s—— ———— —— N 1 l W s W 1 W A W 41 W ►7 O a Z O O N N) N O COS W O Ut O N n O Q m N O O W3 N N O 00 O CD Q CD CD O 3 (D 7 N cc (D (D 3 CD w to Oo cn N L O O 3 O Q. F 0 rt O O h Q. CD CD O CD rr a1 3 WILD WAVES DEVLEOPMENT AGREEMENT DA expires 4/6/2018 3/2/17: Preapplication meeting 6/22/17: WW submits draft stormwater language 7/26/17: City sends draft language to WW to add to DA 8/4/17: WW says language is close enough —only minor changes to be made. Go ahead with SEPA 8/11/17: City issues SEPA 9/25/17-10/6/17: Discussions between WW and City about stormwater; legal question about phasing. 10/9/17: WW sends draft DA back to City, with requested stormwater language 10/17/17: City sends WW proposed stormwater language 10/24/17: • WW accepts stormwater language ■ Dave proposes adoption schedule to WW: o Planning Commission -- Dec 6 o LUTC-- Jan 8 o City Council -- Jan 18 WW rejects schedule; says they.need adoption before Dec. 31. 19.85.130 Notice. Notice provisions under this section shall be followed for the public hearing held by the city council. (1) Contents. The director of community development services shall prepare a notice of the proposal, for which a public hearing will be held, containing the following information: (a) Description of purpose of hearing. (b) The name of the applicant and the project name (if applicable). (c) A statement of what comprehensive plan and zoning designation will be directly affected or changed by the proposal. (d) The street address of the subject property or, if this is not available, a description of the location of the proposal in nonlegal language. Except for notice published in the newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property. (e) The date, time, and place of the public hearing. (f) A statement of the availability of the official file. (g) A statement of the right of any person to submit written comments to the council and to appear at the public hearing of the council to give comments orally. (h) A statement that only persons who previously submitted comments to the planning commission or city council during the comprehensive plan amendment process or at this time, participates in the public hearing on the development agreement by submitting written comments to the city council or by participating in the public hearing or specifically requested a copy of the city council's decision on the development agreement and plan may appeal the city council's decision. (i) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. 1�kCITY OF Federal Way May 10, 2017 Ann Gygi Hillis Clark Martin & Peterson 999 P Avenue, Suite 4600 Seattle, WA 98104 RE: File #17-100108-00-AG; PROJECT UPDATE. Wild Waves Park; 36201 Enchanted Pkwy S, Federal Way Dear Ms. Gygi: CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway. com Jim Ferrell, Mayor I am writing to follow up on the proposed amendment to the development agreement between Wild Waves and the City. Since issuing a technical comment letter on April 13, 2017, city staff members have had additional conversations with Wild Waves staff. Per those discussions, it is our understanding Wild Waves is no longer requesting the parking lot improvements described in your January 9, 2017 Master Land Use Application. The only two requests are an increase in the height limit to 200 feet and a 20-year extension to the development agreement. The City is amenable to both requests, provided the development agreement is updated to better address future expansion. As described in the April 13°i letter, the City requests amended language to the development agreement to specify thresholds for future stormwater management and street frontage improvements. Also requested is language pertaining to traffic mitigation and impact fees, and parking management for future trip -generating uses. Finally, the letter identifies the need for a new traffic impact analysis before commencing with the, required SEPA review and ally public hearings. Please provide the aforementioned requirements as an amendment to the development agreement. Keeping in mind the current development agreement expires on 4/6/2018, and the approval process requires many months, we encourage you to move forward with the traffic study soon. If you have any questions regarding this letter or your development project, please contact me at 253-835-2638, or David.VanDeWen}teacilvoffederalway.coin. Sincerely, Dave Van ❑e W ie, AICP Senior Planner Tudd Suchan. 36201 Enchanted Pkwy S, Federal Way_ WA 98003 Brian Davis. Community Development Director - E.J. Walsh. Deputy Public Works Director Robert "Doc" Hansen_ Planning Manager Cole Elliott. Development Services Manager Stacey Welsh. Senior Planner Ann DoNver. Senior Engineering Plans Reviewer Sarady Long, Senior Transportation Planning Engineer Doc 1 D 7s330 CITY OF Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT 33325 8t" Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.cifyoffederalway.com DECLARATION OF DISTRIBUTION I, + vGV ^ �1N _ hereby declare, under penalty of perjury of the laws of the State of Washington, tha a: ❑ Notice of Land Use Application/Action ❑ Land Use Decision Letter ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed ❑ e-mailed and/or Sr -posted to or at each of the attached addresses on l /Z-o 2017. Project Name File Number(s) Sig W ; (a ao'ye5 V-711, -Y _',t_ 1-7- 10D I og- o© - Date 11 / Zy/1 —7 K:\CD Administration Files\Declaration of Distribution.doc/Last printed 11 /15/2017 9:57:00 AM Posted Sites: f ,n � — � • r • � • ���isa.�+�illrlY�i�iY 1 YA K:\CD Administration Files\Declaration of Distribution.doc/Last printed 11 /15/2017 9:57:00 AM CITY OF �•N--�-vf!{ Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT 33325 8t" Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.clt offederalwa .co DECLARATION OF DISTRIBUTION I, V"''e, "a*' VV e,� hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing 9( Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document ways 0 mailed ❑ faxed ❑ e-mailed and/or posted to or at each of the attached addresses on /"O V. I 1 , 2017. Project Name. W : U WA.Ve5 VV A - A ~Kymevi f - File Number(s) 17- 1001 OF-00 - A& Date / - / 6 -� K:\CD Administration Files\Declaration of Distribution.doc/Last printed 11 /15/2017 9:57:00 AM Posted Sites: Federal Way City Hall: 33325 8th Ave South Federal Way Library: 34200 1 It Way South Federal Way 320th Library: 848 S. 320th St K:\CD Administration Files\Declaration of Distribution.doc/Last printed 11 /15/2017 9:57:00 AM DEPARTMENT OF COMMUNITY DEVELOPMENT 33325 8th Avenue South �� Federal Way WA 98003 CITY OF 253-835-7000; Fax 253-835-2609 Federal Way www•citvoffederalway.co DECLARATION OF DISTRIBUTION 1, E. Tina Piety hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing 0 Notice of LUTE/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document I] Other Notice of City Council Information Session / Notice of Correction was ❑ mailed ❑ faxed Oe-mailed and/or ❑ posted to or at each of the attached addresses on November 8 2017. Project Name Wild Waves/Enchanted Village File Number(s) 17- Signature Date November 8, 2017 K:\CD Administration Files\Declaration of Distribuiion.doc/Last printed 11 /14/2017 3:10:00 PM Tina Piety From: Sent: To: Subject: Attachments: Good Morning Tina, Linda Mills <Imills@kentreporter.com> Wednesday, November 08, 2017 9:48 AM Tina Piety Re: Legal Notice 2004711.PDF I have received your notice (re: Wild Waves Notices, 17-100108-AG) to be published in the Federal Way Mirror on Friday, November 11, 2017. A pdf of the notice is attached. Thank you, Linda 2004711 Linda Mills Legal/Public Notice Advertising - Obituary Representative Auburn, Bellevue, Bothell/Kenmore, Covington/Maple Valley/Black Diamond, Issaquah/Sammamish,Kent, Kirkland, Mercer Island, Redmond and Renton Reporters, Federal Way Mirror, Snoqualmie Valley Record, and Okanogan Valley Gazette -Tribune Direct:253-234-3506 Internal:36027 Fax:253-437-6016 19426 68th Ave. S., Ste A, Kent, WA 98032 Map Print Rates Online Rates Media Fait Sound In On Wed, Nov 8, 2017 at 9:32 AM, Tina Piety CTina.Piety@cityoffederalway.coin> wrote: Hello Linda, Please publish the attached legal notice (Wild Waves Notices, 17-100108-AG] in Friday's (11/10/17) Federal Way Mirror's issue. Please furnish an affidavit of publication. This is for the Community Development account. Thank you, Tina E. Tina Piety, CAP -OM Administrative Assistant II AN _N Falderal Way Community Development Department 33325 86 Avenue South Federal Way, WA 98003-6325 Phone:253/835-2601 Fax: 253/835-2609 www. c i tyo ffedera 3 way.cam Fiederall Way NOTICE OF CITY COUNCIL INFORMATION SESSION, NOTICE OF PUBLIC HEARING, AND NOTICE OF CORRECTION Wild Waves/Enchanted Village File No:17-100108-00-AG Proposal:Application to extend the Development Agreement for 20 years, increase the height limit for rides from 125 feet to 200 feet, update stormwater improvement requirements, and update baseline traffic data. Proponent: Jeff Stock and Todd Suchan Enchanted Parks 36201 Enchanted Parkway South Federal Way, WA 98003 Location:36201 Enchanted Parkway South Federal Way, WA 98003 Staff Contact: Senior Planner Dave Van De Weghe, AICP, 253-835-2638 Information Session: The Federal Way City Council will hold an information session at 7 p.m. on Tuesday, November 21, 2017, in the Council Chambers located at 33325 8th Avenue South, 2nd Floor, Federal Way, WA 98003. The purpose of the session is to present staff comments on the application to the City Council. No City Council action will be taken at this meeting. Public Hearing: The Federal Way City Council will hold a public hearing at 7 p.m. on Tuesday, December 5, 2017, in the Council Chambers located at 33325 8th Avenue South, 2nd Floor, Federal Way, WA 98003. The purpose of the hearing is to consider an application for approval of a development agreement amendment, pursuant to Federal Way Revised Code (FWRC) Chapter 19.85. Neither the comprehensive plan nor the zoning designation will be directly affected or changed by the proposal. At this meeting, the City Council will hold first and second readings of a proposed ordinance to approve the development agreement amendment. Notice of Correction: The notice issued on November 3, 2017, that incorrectly listed the public hearing date as November 18, 2017. is hereby corrected to list the public hearing date as December 5, 2017. Public Comment & Appeals: Any person may submit written comments to the City Council and/or appear at the December 5, 2017, public hearing of the City Council to give comments orally. Only persons who previously submitted comments to the City Council, or participates in the public hearing on the development agreement by submitting written comments to the City Council, or specifically requests a copy of the City Council's decision on the development agreement may appeal the City Council's decision. Related Environmental Document: State Environmental Policy Act (SEPA) application, file 17-100109-00-SE, Availability of File: The official project and SEPA files are available for public review during normal business hours at the Community Development Department, 33325 8th Avenue South, 2nd Floor, Federal Way, WA 98003. Published in the Federal Way Mirror on November 10,201742004711. CLASSIFIED ADVERTISING PROOF/RECEIPT Client: 93145 FWM Legals Phone: (253) 946-2890 Address: -- Federal Way, WA Ad # 785009 Requested By: UNA PIETY Fax: Sales Rep.: Mills, Linda Phone: (253) 234-3506 lmills(akentreporter.com Fax: Class.: 9930 FW Legals Start Date: 11/10/2017 End Date: 11/10/2017 Nb. of Inserts: 1 PO #: Publications: Federal Way Mirror Paid Amount: $0.00 Balance: $0.00 Total Price: Pagel of 2 r DEPARTMENT OF CONIINIUNITI' DEVELOPMENT 33325 8fh Avenue South M Federal Way WA 98003 CITY OF 253-835-7000; Fax 253-835-2609 www.citvoffederalway.comFederal Wav DECLARATION OF DISTRIBUTION hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation 21 Of her d- was X mailed ❑ faxed �0.1 1 Y 2017. Project Name ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Pelmit ❑ Adoption of Existing Environmental Document ❑ e-mailed and/or ❑ posted to or at each of the attached addresses on File Number(s) 17', Signature !b Date J -/V— )7 K:\CD Ad minis Ira lion Files\Declaration of Dislribufion doc/Last pnnIed 1/12/2017 10:33:00 AM } (A (n J y� j} (M J O O O Cl) O M O C) O Cl) (0 C) O W M O M O Cl) O Cl) N Q 7 dO rn N o O U (Op O rn O 00 O 0 O rn LU O O 0) O O 0) Q' U) 0) a 00) -i 00) 00) < c o � n 0) J u) Z oc U) Z 00 W OO ''¢ 'a' 'a af a v M � � � Z} ] Q Q O Cl) 0 Cl) L 61 oZ CO Q O o Q Q O o M h] L} Q❑ a} Q❑ a Q N Q❑ a}= Q �- O .�- O 0 p LO J} d Q(L J} Q J } L Q } ~ Q �� �U� 7XX 7X o Y�Y�2?jaX 1) Cl) Cl) M�� m1 �C 2�2�C� Cl) Z LLU <(n 0 H <U) U W Q J U W Q J F- 0 Z �z<(n 0 O J 7 (p J M co J Cl)M �X� (O J (p J �w M O o X(}<(n [� r H J O N�N��� H J- O J 7 J joQ og ng jj �aUQ�mng n0 C)oLO mQ"'a-"'OmUng 0c-O--0 U0 (NO W Q J Q n o O W 0 W C D Q] W O w 0 W O W O W o 000 o T Q (NO W (NO O w N w Ll M LL L❑ L❑ Nl U N W N (n co Q L ❑ V LL N LL N LL a LL N LL N a d U L ❑ (M LL M LL h LL LO LL 0 M O M O CM O M O m CDO M M O M O M CD M O M O M O M O (� O O 00 O CO CD OD O OD O 00 O 00 O 0) O 00 C. 00 O O O OD �. m 0) 0) 0) 0) W 0) 0OD 0) m 0) m D1 N 0 Q Q Q H H Q }} F- } F- }} F- }} ~ H } }} }} 2 2 Z Z Z Z Z Z Z Z 2 Z Z Z Z = O D O J D 0 _ 0 _ 0 _ 0 _ 0 = 0 J 0 U 0 0 U 0 W U U U U U U U U U U .` w ❑ w ❑ W ❑ CD Z (7 z W ❑ 0 z 0 Z 0 Z 0 Z 0 Z ('J Z W ❑ 0 Z 0 Z 0 Z (7 Z LWL LWL LWL Y Y LU LL Y Y Y Y Y Y LWL Y Y Y Y U U CL d d d d d LL CL 'a ❑ ❑ ❑ ❑ ❑ ❑ H _ ❑ J a J a J a J a a Q a¢ a Q a W w (D� w R o(D w cc o Ou ° H � W z 2 2 2 ►- 2 F- Z Z Z Z Z Z Z Q M M M M Cl)w (`� Q N N N N y i = U w O w N w NCO) w w U) Cl) O 2 CO N (-- N O (a a. 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Proponent: Jeff Stock and Todd Suchan Enchanted Parks 36201 Enchanted Parkway South Federal Way, WA 98003 Location: 36201 Enchanted Parkway South Federal Way, WA 98003 Staff Contact: Senior Planner Dave Van De Weghe, AICP, 253-835-2638 Information . Session: The Federal Way City Council will hold an information session at 7 p.m. on Tuesday, November 21, 2017, in the Council Chambers located at 33325 8 h Avenue South, 2nd Floor, Federal Way, WA 98003. The purpose of the session is to present staff comments on the application to the City Council. No City Council action will be taken at this meeting. Public Hearing: The Federal Way City Council will hold a public hearing at 7 p.m. on Tuesday, December 5, 2017, in the Council Chambers located at 33325 8 b Avenue South, 2n1 Floor, Federal Way, WA 98003. The purpose of the hearing is to consider an application for approval of a development agreement amendment, pursuant to Federal Way Revised Code (FWRC) Chapter 19.85. Neither the comprehensive plan nor the zoning designation will be directly affected or changed by the proposal. At this meeting, the City Council will hold first and second readings of a proposed ordinance to approve the development agreement amendment. Notice of Correction: The notice issued on November 3, 2017, that incorrectly listed the public hearing date as November 18, 2017, is hereby corrected to list the public hearing date as December 5, 2017. Public Comment & Appeals: Any person may submit written comments to the City Council and/or appear at the December 5, 2017, public hearing of the City Council to give comments orally. Only persons who previously submitted comments to the City Council, or participates in the public hearing on the development agreement by submitting written comments to the City Council, or specifically requests a copy of the City Council's decision on the development agreement may appeal the City Council's decision. Related Environmental Document: State Environmental Policy Act (SEPA) application, file 17-100109-00-SE. Availability of File: The official project and SEPA files are available for public review during normal business hours at the Community Development Department, 33325 8'h Avenue South, 2°d Floor, Federal Way, WA 98003. Published in the Federal Way Mirror November 10, 2017. 17-100108-00-AG Doc. I.D. 76802 t.. CITY OF .-- Federal Way NOTICE OF CITY COUNCIL INFORMATION SESSION, NOTICE OF PUBLIC HEARING, AND NOTICE OF CORRECTION Wild Waves/Enchanted Village File No: 17-100108-00-AG Proposal: Application to extend the Development Agreement for 20 years, increase the height limit for rides from 125 feet to 200 feet, update stormwater improvement requirements, and update baseline traffic data. Proponent: Jeff Stock and Todd Suchan Enchanted Parks 36201 Enchanted Parkway South Federal Way, WA 98003 Location: 36201 Enchanted Parkway South Federal Way, WA 98003 Staff Contact: Senior Planner Dave Van De Weghe, AICP, 253-835-2638 Information Session: The Federal Way City Council will hold an information session at 7 p.m. on Tuesday, November 21, 2017, in the Council Chambers located at 33325 8th Avenue South, 2nd Floor, Federal Way, WA 98003. The purpose of the session is to present staff comments on the application to the City Council. No City Council action will be taken at this meeting. Public Hearing: The Federal Way City Council will hold a public hearing at 7 p.m. on Tuesday, December 5, 2017, in the Council Chambers located at 33325 8th Avenue South, 2nd Floor, Federal Way, WA 98003. The purpose of the hearing is to consider an application for approval of a development agreement amendment, pursuant to Federal Way Revised Code (FWRC) Chapter 19.85. Neither the comprehensive plan nor the zoning designation will be directly affected or changed by the proposal. At this meeting, the City Council will hold first and second readings of a proposed ordinance to approve the development agreement amendment. Notice of Correction: The notice issued on November 3, 2017, that incorrectly listed the public hearing date as November 18, 2017, is hereby corrected to list the public hearing date as December 5, 2017. Public Comment & Appeals: Any person may submit written comments to the City Council and/or appear at the December 5, 2017, public hearing of the City Council to give comments orally. Only persons who previously submitted comments to the City Council, or participates in the public hearing on the development agreement by submitting written comments to the City Council, or specifically requests a copy of the City Council's decision on the development agreement may appeal the City Council's decision. Related Environmental Document: State Environmental Policy Act (SEPA) application, file 17-100109-00-SE. Availability of File: The official project and SEPA files are available for public review during normal business hours at the Community Development Department, 33325 8th Avenue South, 2nd Floor, Federal Way, WA 98003. Published in the Federal Way Mirror November 10, 2017. 17-100108-00-AG Doc. I.D. 76802 CITY OF L Federal Way December 18, 2017 F11E 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com Jim Ferrell, Mayor Ann Gygi Email: ann.gygi(d)hcmp.com Hillis Clark Martin & Peterson 999 3rd Avenue, Suite 4600 Seattle, WA 98104 RE: File #17-100108-00-AG; NOTICE OF FINAL DECISION Wild Waves/Enchanted Parks Development Agreement Amendment Dear Ms. Gygi: On December 5, 2017, Federal Way approved Ordinance No. 17-840 amending a Development Agreement for Wild Waves/Enchanted Village. Please provide a notarized signature for Wild Waves/Enchanted Village on the last page of the enclosed Development Agreement. Then, as required by FWRC 19.85.190, please record the Development Agreement with the King County Department of Records, and send a conformed copy to: City of Federal Way Community Development Attn: Dave Van De Weghe 33325 8th Ave. S. Federal Way, WA 98003 If you have any questions, please contact Senior Planner Dave Van De Weghe at 253-835-2638 or david.vandeweghe@cityoffederalway.com. Sincerely, Brian Davis Community Development Director enc: Ordinance No. 17-840 Development Agreement c: Todd Suchan, TSuchan u,wildwaves.com Doc. LD. 76932 1$hen Recorded Return tp HILLIS CLARK MAW IN & PETVRSON, P.S. Attention Jerome L 1-11111s 500 Galland Building 1221 Second Avenue: Seattle, WA 981()1-2925 4001588 PAGE 001 OF 004 KIN CiOUNTY, WA SECOND AMENDMENT TO CONCOMI-TAN'T DEVELOPMENT AGREEMENT, 'ENCHANTED PAR 2) CITY OF FEDFR A-L WAY Grantor: l) .KCIIAIdTi?D PAttkS, INC ❑ Additional on page e 2) Grantee' 1) T11E1'UBLIC 0 Additional on page . ---• Legal Description (abbreviated): i-hose ports o � NiW % orle Sw 'Section e33nTv ns I 21 N, Range 4N Lei /d of Section East, W M ,1C+ng County, Washington m Additional on FXIiIDIT A TO GgNcoh1ITANT Dr—'," TopmrNT MIRMN11:M i' CCV 34550-0a40, VV-0 Assessor's Tax parcel lt) #: 2351D,ry8)1104 9025, 1821 04-9{)Zt 0 o Reference Nos of Por�,lnents Released or Assigned 2001 to daV of hat This AMEND-%IEN'r is made this ` E.neha itcdtParks, b twcentthe Ci Yl OF Concomitant Development Agrecrncnt far NTrD PA ,]parks 301998 'DE, RALWAY ("The City"), And ENCY11cndatd June CM 3.1998, as arncnduby the First °Tee� dated March "CaiGomltant Development 1gmt} (collectively the RECITALS hale Wl-ILREAS the Concomitant Development Agrecmcnt established a three-p e ertmcter of 1rnchanted Parks) and authorIzed that 2e land001, scape Impleenlandscaping plan for the p Irnplcmcntzttan be phased over three Gansecuttve years, from 1999 t tr g erlcl=ansed purls amend 0200852 15361•004 4u1,801I doe 1/09102 reviously a oved sion WlI:EREAS Enchanted Parks has, purs t n g sequent ally fr�mrsouth to iNortho landscape phasing in order to install the lane lII coordination with other park advancing around the perimeter of the Prop Yf the three phases In improvements, completed installatiiOnvOf two 0 t Agreement,reclandscape accordance with the Concomitant P WHI,REAS Enchanted Parks has proposed a redevclopmcnt plan for the arcs ch an wou impact prop ro osed for landscaping unprovements (Phase? edesul pml cn pound with the required landscaping along Milton Road, and a coordinated landscaping prove the landscaping design potential along; both Milton Road and 1 ing could Im a p Enchanted Parkway, and AgNerrient authorizes the Director of WHEREAS the Concomitant peveloequest f Enchanted parks to authorize minor Community) Development Services,atdie r rthin the Concomitant Development modifications to the land use provisions Agreement, and WI-IE,RFAS the parties afire the Coe that ncomitant t Dc efopme"I Agreemene proposed landscape phasing t, and constitutes a minor modiVicattonCrIl to amendment is made upon the basis of the foregoing premises, Ln �NIIEREAS this amen o promisors and agreements hexcln and the mutual and in consideration of the mutual pro benefits to be derived by the parties therefrom AM EN IDMENT I Mlle landscape provisions of Section 4 2 5 (Perimeter nt Is revised as foo�vs Landscaping) of the Concomitant DeVelol'n;cnt Agreeme 1.411,Idscaping Improvements fete landscaping Improvements to the perimeter Enchanted Parks shall comp ro ert as set forth an the following areas Oil the Enchanted Park p P Y timeline Phase 1 Novernber 30, 20d2 h sical boundaries of each. landscape phase shall remain as set forth The p Y on Exhibit G to the Concomitant Development Agreement (The remainder of Section 4 2 5 to remain unchanged ) Nrreh� arks olnend i12o0852 153(),_W 4@,zgoltdoc 1/08102 22 All other provisions of the Conconrztattt Development Agreexncnt not specifically amended hercin shall remain in full farce and effect ExFt:u'fED the day and year first above written CITY OF FEDERAL W-'ky By its Director a ommun}ty De pment ENCHANTED pARKS, INC., a Washington corporation 13y' Lc n Y►.� �'- _ _ Its b r ax-s �7 - STATE OF WASIIINGTON ss r� C;OUN'FY OF KING Co me known to be On this ay personally appeared before Me -! �i that executed the a �}� Cfc = w,�►r+' -V of THE CITY OF FED . Al, W foregoing instrument, and acknoWledged such tnst usesnaunl nd t to be therein n mentvoluntion d t g and deed of such limited liability company, for the and on oath stated that he was duly atlthorized to execute such mstrurnent GIVr-N UNDER MY HAND AND OFFICIAL SEAL this f f C_ day of � A nn 4 L nk U , 2002 ��j� k �a tiltit�ti5kt''�J�►'��j ?nnted Name NOTARY PlJB IC in and for the State of Washington' - ?�,w residing at G`._ my Commission Ex res-- ,y - 1tt.• ,.� erech(Iniedparks amend „200852 15361-004 y9i?+801' dac 11ORI{12 ry " cv a c'V S'fATE OF WASHINGTON ss COUNT Y OF KING On this day personally appeared before nee Lenny Freund to me known to be the Vice President/General .Manager of ENCHANTED PARKS, INC., a Washington corporation, that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such political subdivision, for the uses and purposes therein mentioned, and on oath stated that [befshe] was dilly authorized to execute such instrument GIVEN UNDER MY HAND AND OFFICIAL SEAL this _ �G day of G�•� , 2002 ■- —o el .... ►. s ..___..._. IkY I'UBLIC In and f r the State of Washington, residing at My Corninisslon Expires enchanted parks amend d200852 15361-004 4kDz80t[doc 11OV02 19�K 9P SCANNED When Recorded, Return to: HILUS CLARK MARTIN & PETERSON, P.S. Attention: Ann M. Gygi 500 Galland Building 1221 Second Avenue Seattle, WA 981U1-2925 AMD HILL �OF 047 07I 277 013:33 CLiR IHCCaH, FIRST AMENDMENT TO CONCOMITANT KS INCDEVELOPMENT AGREEMENT, ENCHANTEI] PAR ENCHANTED PARKS, INC. 2) CITY OF FEDERAL WAY Grantor: 1) ❑ Additional on page 2) Grantee: 1) THE PUBLIC ❑ Additional on page ): v, Those portions of the SW of Section 28, SE I/ Legal Description (abbreviated21 Nor ctRange 4 ion 29, E �.� '/, of Section 32, NW % or Section 33, P r.— East, WM-, King Count]', Washington Additional on : EXHIBIT A TO CONCOMITANT DEV ELOPMLNT AGREEMENT Assessor's Tax ParcellD 4- 2350,282104-90255282 04-902665- - 2350, Reference Nos. of Documents Released or Assigned: _ 2000 to that certain _ THIS AMENDMENT is made thisYrEtchanted y ❑f June, between the CITY OF ~ Concomitant Development Agreement ARKS, INC. {«Enchanted Parks"), FEDERAL WAY ("The City"), and ENCHA dated March 3,1998, (the "Concomitant Development Agreement"). RECITALS lished a three WHEREAS the Concomitant De�+elnpmentAra d authoment rized that the landscape landscaping Flan for the perimeter of Enchanted Parks, irn lernerltat'ian be phased over three consecutive.years, from 1999 through 2001; and p Fncha� arks &nenc! #149252 15361.4 375w03l-doc . 6/28/06 d a revision to the pleasing to install the WHEREAS Enchanted Parks has propose landscaping sequentially from. South to North advancing around the perimeter of the property; and WHEREAS the Concomitant Development Ag1e pan eauthorizes authorize minor Community Development Services, at the request of En modifications to the land use provisions set forth in the Concomitant Development Agreement; and WHEREAS the parties agree that the proposed landscape ri Agreement; re iond constitutes a minor modification to the Concomitant Develop WHEREAS this amendment is made upon d agrhe basis Of the eements eem ents herein andthegmutualses, and in consideration of the mutual Promises angr Q' benefits to be derived by the parties therefrom. c� AMENDMENT ion 4.2-5 (Perimeter 2.1 The landscape phasing provisions o is revised as follows: o Landscaping) of the Concomitant Development Agreement c� 0 Landscaping Improvements. Enchanted Parks shall complete landscaping improvements to the perimeter landscape areas on the Enchanted park property as set forth on the following timeline: Phase I: November 30, 2001 Phase II: November 30, 2000 Phase III: November 30, 1999 The physical boundaries of each landscape phase shall remain as set forth on Exhibit G to the Concomitant Development Agreement. ... (The remainder of Section 4.2.5 to remain unchanged.) faith 2.2 It is determined that Enchanted Parks has strPa ed eded in � City d approoaMeet on the landscape phasing timeline requirements, as de p for Phase February 2, 2000 of the landscape plans for Phases and Ill.le.he landscaping III shall be installed per the approved plans as soon as Ench�Parks Amend #149252 153614 375wV.doc 6/28100 2.3 All other provisions of the n full force and Development Agreement not specifically amended herein shall remain EXECUTED the day and year first above written. CITY OR. L /�t• 1 'L ,� By: i Development Its ector of Cam tY CNCIHANTED PARKS, INC., a Washington corporation M Ench�ted Parks Amend 9149252 15361-4 375w03!.doc 6/28/00 STATE OF WASHINGTON ss. COUNTY OF KING On this day personally appeared before me t:;Terff" .f�c,,; , to me known to be a� � of THE CITY OF FEDERAL WAY, that executed the foregoing instnlmen , and acknowledged such instrument to be the free and voluntary act C%IL and deed of such limited liability company, for the uses and purposes therein mentioned, a, and on oath stated that he was duly authorized to execute such instrument. c,> a GIVEN UNDER MY HAND AND OFFICIAL SEAL this �j�o day of Y , 2000. cam. '�.��wt��11 •. +- IL �s ! it Printed Name _;1V14"yVVIL: 2— (ZI ♦ f A%TARY PUBLIC in and for the State of Washington, ewe ♦ 1 = residing at KWI e �♦v My Commission Expires 5 / STATE OF WASHINGTON ss. COUNTY OF KING On this day personally appeared before me Jeff Stock, to me known to be the President of ENCHANTED PARKS, INC., a Washington corporation, that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such political subdivision, for the uses and purposes therein mentioned, and on oath stated that [he/she] was duly authorized to execute such instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 3RD day of � t) L`f .2000. �y y i s � y r � . v ♦ Enchanted Parks Amend #149252 15361A 375w03!.doc 6/28/06 C/- - Printgd Name ( 7 a-&- aAyvD NOARY PUBLIC in and for the State of Washington, residing at !W e My Commission Expires axRTMENT OF COMMUNITY DEVELOPMENT SERVICES RESUBMITTED 33325 8`h Avenue South Federal Way, WA 98003-6325 MAR 0 2 2017 253-835-2607; Fax 253-835-2609 CITY OF H,vw.Citvoffcderalway.carn Federal Way CITY OF FEDER" WAY COMMUNMY DEVELOPMENT RESUBMITTAL INFORMATION This completed form MUST accompany all resubmittals. t will t be ed **Please Hate. Additional or revisedteeo, form. Mailed resubmlans or docurtlents ittals8/7 athat do not ctive includeothis farm or t that unless accompanied by this comple u not contain the Person and to co ft p ct `he p� mit Coon er prior to Submitting if you are no sure uraged submit all items in person and to about the number of copies required. " ANYCHANGES To DRAWINGS MUST BE CL DUDEn Project Number: 1-7 - - a 2-L Q Project Name: .�..�►- �� Den Project Address: jj� Project Contact: � Phone: ��. 3 ^ (�' RESUBMITTED ITEMS: # of Copies "" Detailed Description of Item ►, Ai - jz�' Qc 3� l f (C �) ** Always submit the same n�mber ofco es as��!�� r�r initia�l��li iation *� Letter Dated: Resubmittal Requested by: (starf Ivier,1561i RESUB #.- OFFICE USE ONL Y Distribution fate: 3 (7 # Descrip Bulletin #129 —January l , 2011 Page I of I 0Handouts\Resubmittal Information CITY OF FEDERAL WAY DEVELOPMENT REVIEW COMMITTEE (DRC) Preapplication Conference Sign In Sheet 11 ild 11 ;iveslEnchanted Parks 1-7-1110 108-00-AG PHONE /NAME }WITH I \ 1 4,?m cd - -5-3 -93 S - 273 ite Z53 BS-6113 c cidfI ?/444t44141 f— 2&l v CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: TO: FROM: FOR DRC MTG . ON FILE NUMBER (s) : RELATED FILE NOS.: PROJECT NAME PROJECT ADDRESS: ZONING DISTRICT: 1/17/17 Cole Elliott, Development Services Manager Peter Lawrence, Plans Examiner Brian Asbury, Lakehaven Utility District Chris Cahan, South King Fire & Rescue Rick Perez, City Traffic Engineer Steve Ikerd, Parks Deputy Director Dave Van De Weghe, Senior Planner 2/2/17 - Internal 17-100108-00-AG None WILD WAVES/ENCHANTED PARKS - AMENDMENT TO DEVELOPMENT AGREEMENT 36201 Enchanted Pkwy S, Federal Way OP-4 PROJECT DESCRIPTION: Extension and modification of existing concomitant agreement: Increase maximum height from 125 ft to 200 ft; remove landscaping from parking lot; and add new vehicle service entrance to 19th Way S. LAND USE PERMITS: Resolution to amend concomitant agreement PROJECT CONTACT: Ann Gygi, Hillis Clark Martin & Peterson 206-623-1745, anri�ygi@hcmp.com MATERIALS SUBMITTED: Proposed amendment to concomitant agreement RESUBMITTED DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES JUN 19 2017 33325 8" Avenue South Federal Way, WA 98003-6325 CITY OF Federal a CITY OF FEDERAL WAY 253-835-2607; Fax 25ral2609 COMMUNITY DEVELOPMENT wsvw.rilvafFederalwaywav,com RESUBMITTAL INFORMATION This completed form MUST accompany all resubmittals. "Pleasenote.- Additional or revised plans or documents for an active project will not be accepted unless accompanied by this completed form. Mailed resubmittals that do not include this form or that do not contain the correct number of copies will be returned or discarded. You are encouraged to submit all items in person and to contact the Permit Counter prior to submitting ifyou are not sure about the number of copies required. ** ANY CHANGES TO DRAWINGS MUST BE CLOUDED. Project Number: Project Name: 0Ikkk Project Address: C- 7 3 I Project Contact: U_� _ Phone: D-5 3 RESUBMITTED ITEMS: # of Copies "" + Detailed Description of Item ID ** Always submit the same number of copies as required for your initial application." Res ubmittal Requested by : Vic Letter Dated: Q __7L (biatt memDer)- RESUB A "� Dept/Div Name Building Planning PW Fire Other OFFICE USE Oft Y Distribution Date: �✓ Z l 1 _7 Description By.- �'tllJ Bulletin # 129 —January 1, 2011 Page 1 of 1 k:\Handouts\Resubmittal Information RESUBMITTED 41k CITY OF 40'::�� Federal Way J U N 19 2017 CFTY OF FEDERAL WAY COMMUNfTY DEVELOFP,1EJ',U APPLICATION NO(S)17-100108-00-AG REVISED, MASTER LAND USE APPLICATION DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8* Avenue South Federal Way, WA 98003-6325 253-835-2607; Fax 253-835-2609 www.cjtvoffederalwai,.com Date 1 Project Name WILD WAVES/ENCHANTED PARKS, AMENDMENTS TO CONCOMITANT DEVELOPMENT AGREEMENT Property Address/Location ENCHANTED PARKS, 36201 ENCHANTED PARKWAY SOUTH, FEDERAL WAY, WA ParcelNumber(s) A portion of See. 28, 29, 32 and 33, Township 21 N Range 4 East, WA Project Description Amendments to Development Agreement, dated March 3, 1998, Section 3.4 of Agreement changing height of Regional Commercial Recreational from 125' to 200' in Area 3 (see attached plan); and Section 12.6 of Agreement extending term from 2016 to 2036. PLEASE PRINT Type of Permit Required Annexation Binding Site Plan Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director's Approval) Process II (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SEPA w/Proj ect SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential X FWCC 19.85.200 (Dev. Agreement) Required Information- DEvelo ment A rmt OP4 Zoning Designation Commercial Recreation Comprehensive Plan Designation Value of Existing Improvements N/A Value of Proposed Improvements International Building Code (IBC): Occupancy Type Construction Type Bulletin #003 — January 1, 2011 Applicant Name: Enchanted Parks, Jeff Stock and Todd Suchan Address: 36201 Enchanted Parkway South City/State: Federal Way, WA Zip: 98003 Phone: 253-661-8008 Fax: 253-661-8058 Email: TSuchan@wildwaves.com Signature:A44t, W• AA JX7,�W Agent (if different than Applicant) Name: Hillis Clark Martin & Peterson P.S. Attn: Jerome L. Hillis and Ann M. Gygi Address: 999 Third Avenue, Suite 4600 City/State: Seattle, WA Zip: 98104 Phone:206-623-1745 Fax: Email: Ann.Gygi@hcmp.com Signature: Owner Name: SAME AS APPLICANT Address: City/State: Zip: Phone: Fax: Email: Signature: Page 1 of 1 k:\Handouts\Master Land Use Application L E� CITY OF,"� Federal Way NOTICE OF CITY COUNCIL PUBLIC HEARING Wild Waves/Enchanted Village File No: 17-100108-00-AG Proposal: Application to extend the Development Agreement for 20 years, increase the height limit for rides from 125 ft. to 200 ft., update stormwater improvement requirements, and update baseline traffic data. Proponent: Jeff Stock and Todd Suchan Enchanted Parks 36201 Enchanted Parkway S Federal Way, WA 98003 Location: 36201 Enchanted Parkway S Federal Way, WA 98003 Staff Contact: Senior Planner Dave Van De Weghe, AICP, 253-835-2638 Public Hearing: The Federal Way City Council will hold a public hearing at 7 p.m. on Tuesday, November 18, 2017, in the Council Chambers located at 33325 81h Avenue South, 2❑d Floor, Federal Way, WA 98003. The purpose of the hearing is to consider an application for approval of a development agreement amendment, pursuant to Federal Way Revised Code (FWRC) Chapter 19.85. Neither the comprehensive plan nor the zoning designation will be directly affected or changed by the proposal. Public Comment & Appeals: Any person may submit written comments to the City Council and appear at the public hearing of the City Council to give comments orally. Only persons who previously submitted comments to the City Council, or participates in the public hearing on the development agreement by submitting written comments to the City Council, or specifically requests a copy of the City Council's decision on the development agreement may appeal the City Council's decision. Related Environmental Documents: State Environmental Policy Act (SEPA) application, File No. 17- 100109-00-SE. Availability of File: The official project file and SEPA file are available for public review during normal business hours at the Community Development Department, 33325 8`' Avenue South, 2❑d Floor, Federal Way, WA 98003. Published in the Federal Way Mirror November 3, 2017. Doc. I.D.76778 41k CITY OF �f Federal Way NOTICE OF CITY COUNCIL PUBLIC HEARING Wild Waves/Enchanted Village File No: 17-100108-00-AG Proposal: Application to extend the Development Agreement for 20 years, increase the height limit for rides from 125 ft. to 200 ft., update stormwater improvement requirements, and update baseline traffic data. Proponent: Jeff Stock and Todd Suchan Enchanted Parks 36201 Enchanted Parkway S Federal Way, WA 98003 Location: 36201 Enchanted Parkway S Federal Way, WA 98003 Staff Contact: Senior Planner Dave Van De Weghe, AICP, 253-835-2638 Public Hearing: The Federal Way City Council will hold a public hearing at 7 p.m. on Tuesday, November 18, 2017, in the _ Council Chambers located at 33325 8"' Avenue South, 2"d Floor, Federal Way, WA 98003. The purpo of the hearing is to consider an application for approval of a development agreement amendment, se pursuant to Federal Way Revised Code (FWRC) Chapter 19.85. Neither the comprehensive plan nor the zoning designation will be directly affected or changed by the proposal. Public Comment & Appeals: Any person may submit written comments to the City Council and appear at the public hearing of the City Council to give comments orally. Only persons who previously submitted comments to the City Council, or participates in the public hearing on the development agreement by submitting written comments to the City Council, or specifically requests a copy of the City Council's decision on the development agreement may appeal the City CounciI's decision. Related Environmental Documents: State Environmental Policy Act (SEPA) application, File No. 17- 100109-00-SE. Availability of File: The official project file and SEPA file are available for public review during normal business hours at the Community Development Department, 33325 8"' Avenue South, 2°d Way, WA 98003. Floor, Federal Published in the Federal Way Mirror November 3, 2017. Doc, I.D. 76778 v DEPARTNIENT OF CONINIUNITV DEVELOPMENT 8'h Avenue South Federal Way WA 98003 CITY OF 253-835-7000; Fax 253-835-2609 r www.cityoffederalway.aom Federal Wav DECLARATION OF DISTRIBUTION I, �sr+ herebyT' declare, under penalty of perjury of the laws of the State of N Y 1 rY Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing X Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed X e-mailed and/or ❑ posted to or at each of the attached addresses on 2017. Project Name Lou File Number(s) Signature 5-- �ncr _ _ _ Date )] -f -17 Y:\CD Administration Files\Declaro l ion of Distribution.doc/Los t printed 1 / 12/2017 10:33:00 AM Tamara Fix From: Linda Mills <Imills@kentreporter.com> Sent: Wednesday, November 01, 2017 9:01 AM To: Tamara Fix Subject: Re: Wild Waves Hearing Attachments: 1990941.PDF Good Morning, I have received your notice (re: Wild Waves 17-100108-00 AG) to be published in the Federal Way Mirror on Friday, November 3, 2017. A copy of the notice is attached. Thank you, Linda 1990941 Linda Mills Legal/Public Notice Advertising - Obituary Representative Auburn, Bellevue, Bothell/Kenmore, Covington/Maple Valley/Black Diamond, Issaquah/Sammamish,Kent, Kirkland, Mercer Island, Redmond and Renton Reporters, Federal Way Mirror, Snoqualmie Valley Record, and Okanogan Valley Gazette -Tribune Direct:253-234-3506 Internal:36027 Fax:253-437-6016 19426 68th Ave. S., Ste A, Kent, WA 98032 Map Print Rates Online Rates Media Kit Sound Info On Wed, Nov 1, 2017 at 8:34 AM, Tamara Fix <Tamara.Fix et,cityoffederai*vi .gom> wrote: Please publish the attached legal notice (Wild Waves Hearing, 17-100108) in Friday's (Nov. 3, 2017) issue. Please confirm and issue an affidavit of publication. Thank you! I A CITY OF Federal Way NOTICE OF CITY COUNCIL PUBLIC HEARING Wild Waves/Enchanted Village File No: 17-100108-00-AG Proposal: Application to extend the Development Agreement for 20 years, increase the height limit for rides from 125 ft. to 200 ft., update stormwater improvement requirements, and update baseline traffic data. Proponent: Jeff Stock and Todd Suchan Enchanted Parks 36201 Enchanted Parkway S Federal Way, WA 98003 Location: 36201 Enchanted Parkway S Federal Way, WA 98003 Staff Contact: Senior Planner Dave Van De Weghe, AICP, 253-835-2638 Public Hearing: The Federal Way City Council will hold a public hearing at 7 p.m. on Tuesday, November 18, 2017, in the Council Chambers located at 33325 8"' Avenue South, 2°d Floor, Federal Way, WA 98003. The purpose of the hearing is to consider an application for approval of a development agreement amendment, pursuant to Federal Way Revised Code (FWRC) Chapter 19.85. Neither the comprehensive plan nor the zoning designation will be directly affected or changed by the proposal. Public Comment & Appeals: Any person may submit written comments to the City Council and appear at the public hearing of the City Council to give comments orally. Only persons who previously submitted comments to the City Council, or participates in the public hearing on the development agreement by submitting written comments to the City Council, or specifically requests a copy of the City Council's decision on the development agreement may appeal the City Council's decision. Related Environmental Documents: State Environmental Policy Act (SEPA) application, File No. 17- 100109-00-SE. Availability of File: The official project file and SEPA file are available for public review during normal business hours at the Community Development Department, 33325 8"' Avenue South, 2" d Floor, Federal Way, WA 98003. Doc i.D 76780 DEPARTNIENT OF CODINIlf1NIT , DEVELOPMENT A�k 8'h Avenue South Federal Way WA 98003 CITY OF 253-835-7000; Fax 253-835-2609 Federal Wa'% www.cit affederolwQ Co DECLARATION OF DISTRIBUTION I,'on hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significarce (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretatbn ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing R Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document warms<19 mailed ❑ faxed ❑ e-mailed and/or El posted to or at each of the attached addresses on \ 0J C�— 2017. Project Name File Number(s) D 1 0 Signature! Date K:\CD Administration Files\Declarofion of Disfribution,doc/Lost printed 1/12/2017 10:33:00 AM CITY OF A - Federal Way NOTICE OF CITY COUNCIL PUBLIC HEARING Wild Waves/Enchanted Village File No: 17-100108-00-AG Proposal: Application to extend the Development ! —s Agreement for 20 years, increase the height limit :f — for rides from 125 ft. to 200 ft., update _ stormwater improvement requirements, and update baseline traffic data. Proponent: Jeff Stock and Todd Suchan Enchanted Parks 36201 Enchanted Parkway S� I,� Federal Way, WA 98003 h Location: 36201 Enchanted Parkway S C Federal Way, WA 98003 Staff Contact: Senior Planner Dave Van De Weghe, AICP, 253-835-2638 Public Hearing: The Federal Way City Council will hold a public hearing at 7 p.m. on Tuesday, November 18, 2017, in the Council Chambers located at 33325 8`h Avenue South, 2❑d Floor, Federal Way, WA 98003. The purpose of the hearing is to consider an application for approval of a development agreement amendment, pursuant to Federal Way Revised Code (FWRC) Chapter 19.85. Neither the comprehensive plan nor the zoning designation will be directly affected or changed by the proposal. Public Comment & Appeals: Any person may submit written comments to the City Council and appear at the public hearing of the City Council to give comments orally. Only persons who previously submitted comments to the City Council, or participates in the public hearing on the development agreement by submitting written comments to the City Council, or specifically requests a copy of the City Councils decision on the development agreement may appeal the City Council's decision_ Related Environmental Documents: State Environmental Policy Act (SEPA) application, File No. 1'7- 100109-00-SE. Availability of File: The official project file and SEPA file are available for public review during normal business hours at the Cornmunity Development Department, 33325 81h Avenue South, 2nd Floor, Federal Way, WA 98003. Published in the Federal Way Mirror November 3, 2017. Doc; LD. 76778 Sarady Long From: David VanDeWeghe Sent: Wednesday, July 26, 2017 11:37 AM To: 'Ann M. Gygi' Cc: Todd Suchan Subject: RE: Enchanted Parks/Wild Waves Attachments: DA edits proposed by City 7-26-2017.doc Hello Ann. We just completed our requested revisions to the DA this morning. Please find our requested language changes in the attached document. Ignore the text and formatting that was jumbled from converting the hard copy into a digital file —just see the highlighted revisions, plus requested deletions struck through. Also please note the following: • Add Exhibit F-1, Drainage Improvements • Add Exhibit K-2, Traffic ■ Delete Section 10 —Tax Matters Let me know if you are amenable to the requested changes, then we can initiate the SEPA review. Best regards, Dave Dave Van De Weghe, AICP Senior Planner i redr v. __. l=eraI W;ai 33325 8th Avenue South Federal Way, WA 98003-6325 Phone:253/835-2638 Fax: 253/835-2609 www.citV:Qffederalway.com From: Ann M. Gygi [mailto ann.gytli@hcmp.com] Sent: Wednesday, July 26, 2017 9:19 AM To: David VanDeWeghe Cc: Todd Suchan Subject: Enchanted Parks/Wild Waves Hi Dave, We have been expecting to see the City's comments, but I have not seen anything come through yet. Please confirm you will be sending soon and let's talk about moving the project forward. Thank you. Ann Ann M. Gygi Hillis dark Martin & Peterson P.S. 999 Third Avenue I Suite 4600 1 Seattle, WA 98104 d: 206.470.7638 1 206.623.1745 1 f: 206.623.7789 ann.gygi@hcmp.com I www.hcrnp.con: I vCard Sarady Long From: Sarady Long Sent: Friday, June 02, 2017 2:34 PM To: David VanDeWeghe Cc: Marwan Salloum; Rick Perez Subject: Wild Wave Enchanted Parks Agreement Dave, The Public Works Traffic Division required the applicant to submit a new traffic study to establish a new baseline traffic generation. At the June 1, 2017 meeting, the applicant provided a Traffic Study prepared by The Transpo Group dated June 26, 2002. This study addressed Traffic Division's comments and therefore a new traffic study is not necessary. The applicant will need to incorporate/reference this study in the amended agreement accordingly. Let me know if you have any questions. Sarady Long Senior Transportation Planning Engineer Federal Warr Public works Depart lent 33325 3th Ave S, Federal Nay, WA 95003 Desk:253.835.2743 i=x:2,53.335.2.709 ww.cityoffederalway.com 1 Sarady Long From: David VanDeWeghe Sent: Wednesday, April 05, 2017 4:11 PM To: 'ann.gygi@hcmp.com' Cc: Brian Davis; Sarady Long; Ann Dower; Cole Elliott; Edward Walsh; Stacey Welsh Subject: Wild Waves development agreement Ann, am writing to follow-up on the amendment to Wild Waves' development agreement. After discussing the project with Todd Suchan, we understand Wild Waves is no longer proposing immediate parking lot improvements —they are only seeking a height increase and a 20 year extension. The Mayor and staff are amendable to such changes if the agreement language is updated to better address current development requirements. Staff is drafting recommended language for stormwater, traffic and parking standards. As discussed at the March 2nd preapplication meeting, we are obliged to ensure NPDES standards are met. We also want to ensure thresholds that trigger conformity to current development standards are clearly identified. Based upon your revised proposal, we do not anticipate the requirement for any immediate improvements for Wild Waves. I will send recommended text changes to you with the understanding you will draft the formal amendment language. In turn, we encourage you to share preliminary drafts for comment before your formal resubmittal to the Permit Center. Additionally, the previously discussed traffic study will still be required regardless of any parking lot improvements. The results of the study are needed before commencing the SEPA review or holding any public hearings. Keeping in mind the current agreement expires on 4/6/2018 and the approval process requires many months, we encourage you to move forward with the study soon. The city looks forward to continuing our fruitful relationship with Wild Waves. Please let me know if you have any questions about the approval process moving forward. Best regards, Dave Dave Van De Weghe, AICP Senior Planner A F'ederal VV.iy 33325 8ch Avenue South Federal Way, WA 98003-6325 Phone:253/835-2638 Fax: 253/835-2609 www.citvoffederalway.com Sarady Long From: Sarady Long Sent: Tuesday, October 31, 2017 10:13 AM To: 'Ann M. Gygi'; David VanDeWeghe Cc: Kevin L. Jones; Todd Suchan; Jeff Stock (stocksiejw@msn.com); Rick Perez; Marwan Salloum Subject: RE: Wild Waves traffic data Ann, Per my discussion with Rick and confirmation with Marwan, the City agreed to use the actual data from the Traffic Report for the new baseline. Please update Table 1 in the CDA using the data from the Traffic Report. Please let me know if you have any questions. Sarady Long Senior Transportation Planning Engineer f�eral Way Public works Depa:.irT)ent 33325 8th Ave S. Federal way: WA 98003 Desk: 253.835:2743 i Fx: 253.835.270-9 ww.cifyoffederolway.com From: Ann M. Gygi [mailto:ann.gygi@hcmp.com] Sent: Wednesday, October 25, 2017 9:59 AM To: Sarady Long; David VanDeWeghe; Rick Perez; Marwan Salloum Cc: Kevin L. Jones; Todd Suchan; Jeff Stock (stocksiejw@msn.com) Subject: RE: Wild Waves traffic data Hi Sarady, Yes, please do check back with Rick and Marwan. Our understanding was the City had agreed that the actual attendance for 2002 would be the new baseline, and that we would use the 2002 Traffic Study as the exhibit to capture the methodology that translates attendance into trips, etc. The June report that you reference was updated by a revised Report in September 2002, which we located after originally sending the June report. The September Report is attached. Sorry for any confusion there. We look forward to hearing back and finalizing this issue. Best, Ann Ann M. Gygi Hillis Clark Martin & Peterson P.S. 999 Third Avenue I Suite 4600 1 Seattle, WA 98104 d:206.470.7638 1 206.623.1745 1 f:206.623.7789 ann.gygi@hcmp.com I www.hcmp.com I vCard From: Sarady Long [ma ilto:Sarady.Long@cityoffedera ]way .comI Sent: Wednesday, October 25, 2017 9:43 AM To: Ann M. Gygi <ann.gy i@hcmp.com>; David VanDeWeghe <David.VanDeWeghe@cityoffederalway.com>; Rick Perez <Rick.Perez @cityoffederalway.com>; Marwan Salloum <Marwan.Salloum cit offederalwa .com> Cc: Kevin L. Jones <kevin.iones@transpogroup.com>; Todd Suchan <TSuchan@wildwaves.com>; Jeff Stock (stocksieiw msn.com) <stocksieiw msn.corn> Subject: RE: Wild Waves traffic data Ann: I was informed that instead of requiring a new Traffic Study, we would accept the approved Traffic Study for the Wooden Roller Coaster prepared by The Transpo Group dated June 26, 2002. A copy of the Traffic Study was handed to me on that date. Please see the attached front page of the report. I used information from this approved Traffic Study to generate data for Table 1 in the agreement. However, the data in the CDA now did not match those in the approved Traffic Study. I will follow up with Rick and Marwan and let you know. Sarady Long Senior Transportation Planning Engineer Federal Way Public WDNks Deporbn rent 33325 8th Ave S, Federai Way, WA 980,03 Desk: ,i3.835.2Y43 1 i"x:2.53.S3,'.2709 ww.cityoffederalway.com From: Ann M. Gygi [mailto:ann.gygi@hcmp.com] Sent: Tuesday, October 24, 2017 2:43 PM To: Sarady Long; David VanDeWeghe; Rick Perez; Marwan Salloum Cc: Kevin L. Jones; Todd Suchan; Jeff Stock (stocksiejw@msn.com) Subject: RE: Wild Waves traffic data Sarady: The use of actual attendance data from 2002 for the new baseline was discussed and agreed upon by Marwan Salloum and Rick Perez quite some time ago. What I had explained to Dave by phone was that we would update the table to utilize the methodology provided in the K-2 attachment as applied to the actual 2002 attendance data to establish the new baseline. This is what is included in the CDA now. If we need another call or meeting to get everyone on the same page about this, please let me know. Best, Ann Ann M. Gygi Hillis Clark Martin & Peterson P.S. 999 Third Avenue I Suite 4600 I Seattle, WA 98104 d:206.470.7638 1 206.623.1745 f:206.623.7789 ann.gygi hcrnp.com I www.hcrnp.con" I vCard From: Sarady Long [mailto:Sarady.Long_@cityoffederalway.com] Sent: Tuesday, October 24, 2017 2:16 PM To: Ann M. Gygi <ann.gygi@hcmp.com>; David VanDeWeghe <David.VanDeWeghe@cityoffederalway.com> Cc: Kevin L. Jones <kevin.iones@transpogroup.com>; Todd Suchan <TSuchan@wildwaves.com> Subject: RE: Wild Waves traffic data Hi Ann, I am assuming that the Traffic Study was reviewed and approved by the City back in 2002. Since this is the case, the trip information for Table 1 should be based on the approved Traffic Study. Let me know if you have any questions. Sarady Long Senior Transportation Planning Engineer ��__ 'FQera'i Way F blic Works Departrrient 33325 8th Ave 5, Federal bray, VNA 98003 Desk:253.835.2743 1 Fx: 253.835.2'709 ww.dtyoffederolway.com From: Ann M. Gygi fmailto:ann.gygi@hcmp.com] Sent: Tuesday, October 24, 2017 1:05 PM To: David VanDeWeghe Cc: Sarady Long; Kevin L. Jones; Todd Suchan Subject: RE: Wild Waves traffic data Dave: We used actual attendance data for 2002 from Enchanted Park's attendance records, and applied those numbers to the methodology of the Revised Traffic Study to generate trip information for Table 1, based on actual 2002 attendance. See the note below Table 1 in the revised table. You can see from the date on the Report that the year was incomplete for attendance purposes when the Revised Report was compiled. If you have additional questions about the methodology, we can pull Kevin Jones from Transpo into the conversation. Just let me know. Ann Ann M. Gygi Hillis Clark Martin & Peterson P.S. 999 Third Avenue I Suite 4600 1 Seattle, WA 98104 d:206.470.7638 1 206.623.1745 1 f: 206.623.7789 ann.gygi@hcmp.com I www.hcmp.com I vCard From: David VanDeWeghe [mailto:David.VanDeWeghe@citvoffederalway.com] Sent: Tuesday, October 24, 2017 11:56 AM To: Ann M. Gygi <ann.gygi@hcmp.com> Cc: Sarady Long <Sarady.Long@citvoffederalway.com> Subject: Wild Waves traffic data Ann, Can you please explain your proposed changes to the trips data listed in Section 4.3 of the DA? The figures in the following table do not match those in the revised Traffic Study (attached). DEVELOPMENT AGREEMENT SEC. 4.3 (PROPOSED) Table 1— Enchanted Park 2002 Attendance and Trips Data Attendance / Trips 2002 751,164 Annual Attendancen4—�? Annual Trips 389;r06 600,931 Maximum Attendance per Day 12,94313,208 Maximum Trips Per Day 9,-634 10,566 Maximum Day PM Peak Trips 3 44-51,585 Average of 10 highest days attendance 4,44211,539 Average of 10 highest days trips 7554 9,231 Average of 10 highest days PM Peak Trips -,1 31,385 Average attendance per Day 4-,2-74 5,290 Average trips per Day 3,44-9 4,232 Average Day PM Peak Trips 1 543 6 3 S 2002 actual attendance data from Enchanted Park records applied to Table 1 in EXHIBIT K-2 Trips = (Attendance / 2.5 AVO) * 2. PM Trips = ((Attendance / 2.5 AVO) * 2)*.15 REVISED TRAFFIC STUDY Table i Annual Attendance 469,338 Maxirnum Day 1),785 Average of I hiighest days 7,615 Average Day 4,108 Park Total 11,742 Thanks, Dave Dave Van De Weghe, AICP Senior Planner F�cleral �j',J,_ 33325 8th Avenue South Federal Way, WA 98003-6325 Phone:253/835-2638 Fax: 253/835-2609 www,c ityoffed e ra I way. cane 13,208 1,423 11,170 3,555 5,735 1,627 f 161354 .1,692 4 David VanDeWeghe From: Robert Hansen Sent: Friday, October 20, 2017 2:20 PM To: David VanDeWeghe; Brian Davis Subject: RE: Wild Waves DA schedule Sorry, too late for hearing on the 8tn. Public Notice had to be to the paper today for that day. Looks like the only option is on the 15tn, and the LUTC have a special meeting on Monday, November 27tn Robert "Doc" Hansen Planning Manager :-41Federal Way Community Development Department 33325 8th Avenue South Federal Way, WA 98003-6325 Phone: 253/835-2643 www.citvoffederalway.com From: David VanDeWeghe Sent: Friday, October 20, 2017 1:37 PM To: Brian Davis Cc: Robert Hansen Subject: RE: Wild Waves DA schedule For major amendments to a Development Agreement: A notice must be posted 14 days before the public hearing (19.85.130). ■ The public hearing must be held by the City Council (19.85.150.1). Dave Van De Weghe, AICP Senior Planner FederaI Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone:253/835-2638 Fax: 253/835-2609 www.citvoffederalway.com From: Brian Davis Sent: Friday, October 20, 2017 1:30 PM To: David VanDeWeghe Cc: Robert Hansen Subject: Re: Wild Waves DA schedule With notice requirements, when is the soonest this could get through? On Oct 20, 2017, at 11:59 AM, David VanDeWeghe <David.VanDeWe_ghe@cityoffederalway.com> wrote: Brian and Doc, The good news: Wild Waves has agreed to the City's proposed stormwater requirements, i.e. they must meet City stormwater standards in place at the time they apply for expansion. Both sides now agree to the language in the Development Agreement. The bad news: Wild Waves desperately wants the DA approved before the end of this year. When I gave their attorney the following proposed schedule.... • Planning Commission -- Dec 6 • LUTC-- Jan 8 • City Council -- Jan 18 ... she was very displeased. I suspect she wants the current Council to vote on the item, rather than the new Council members starting their terms in 2018. She wants Council to hold a special meeting to approve their DA this year. She said she will be calling you, Brian, to request an expedited approval schedule. Dave Dave Van De Weghe, AICP Senior Planner <image001.jpg> 33325 8th Avenue South Federal Way, WA 98003-6325 Phone:253/835-2638 Fax: 253/835-2609 www.cityoffederalwaV.com From: Robert Hansen Sent: Friday, October 20, 2017 11:22 AM To: David VanDeWeghe Subject: RE: Nov 15 Planning Commission The agenda is tight. They will be hearing two items, one of which may have considerable testimony. Even if he were to get on the November 15 agenda, it could not be heard by the Council until the first of the year since last Council meeting of the year is December 5th. My suggestion is that the hearing be conducted before the Planning Commission on December 6th, LUTC be scheduled on January 8, 2018, and Council on the 16th for first reading. This will provide staff more time in preparation (remember we want report drafted to go to legal review two weeks before the scheduled hearing), and planning commission recommendation before LUTC. The LUTC schedule on November 6 is full and will take a lot of time. Robert "Doc" Hansen Planning Manager <image001 Jpg> Community Development Department 33325 8th Avenue South Federal Way, WA 98003-6325 Phone: 253/835-2643 www.cityoffederalway.com P (, 9c1. 6. L,VTC- Z-0,n,7 G G r&A I b From: David VanDeWeghe Sent: Friday, October 20, 2017 10:56 AM To: Robert Hansen Subject: Nov 15 Planning Commission Doc, Is there room on the Nov. 15" Planning Commission agenda for a new item? The Wild Wav es Development Agreement will be ready by then, and the applicant is very insistent about e approval before the end of the year. I propose the following schedule: g tting Council Nov 15 -- Planning Commission Dec 4 -- LUTC Dec 19 -- City Council Thanks, Dave Dave Van. De Weghe, AICP Senior Planner <image001.jpg> 33325 Bch Avenue South Federal Way, WA 98003-6325 Phone:253/835-2638 Fax: 253/835-2609 www.cit offederalwa .cn�,