19-103604CITY OF
�7- --, Federal Way
Centered on Opportunity
September 12, 2019
Mr. Arthur Richey
DaVita Healthcare
6245 South Victor Avenue
Tulsa, OK 74136
arthur.riche davita.com
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
FILE.
Re: File #19-103604-UP; PROCESS I "DIRECTOR'S APPROVAL"
DaVita Business Office Parldng & Landscaping Modification, 32275 32nd Avenue South, Federal Way
Dear Mr. Richey:
The Community Development Department has completed review of your Process I Master Land Use
application for parking and landscaping area modifications at 32275 32,,d Avenue South [parcel 2154650080) to
provide pedestrian connections to the adjacent parcel 2154650110; the establishment of an emergency access at
the southeast comer of the site; and driveway work to accommodate the new DaVita office building on the
adjacent parcel. The Process I application is hereby approved per the findings and conclusions noted below.
FINDINGS OF FACT
1. The applicant, DaVita, proposes parking and landscaping area modifications to provide pedestrian
connections to the adjacent parcel 2154650110; the establishment of an emergency access at the southeast
corner of the site; and driveway work to accommodate the new DaVita office building on the adjacent
parcel. The parking and landscaping modifications are to provide a non -motorized connection to an
adjacent property by replacing 14 parking spaces urith wider landscaping islands and pedestrian pathways.
Landscaping modifications include removal and replacement of two trees and some shrubs. Additionally,
an existing barrier between the properties will be removed and a direct driving surface connection will be
constructed to accommodate emergency access at the southeast corner of the site. The project also
includes driveway work to accommodate the new DaVita office building on adjacent parcel 2154650110.
2. This proposal is subject to the provisions of the Weyerhaeuser Company Concomitant Pre -Annexation
Development Agreement (CZA) and Office Park Zone. (OP-1) zoning regulations in effect on August 23,
1994. Any procedural requirements must meet today's codes (Federal Way Revxred Code [FWRC] Title 19).
3. The zoning for the subject property is Office Park (OP-1). The site is leased by DaVita as an office, an
allowed use in the OP-1 zone per the CZA (OP-1 Exhibit D Section III[A][1]). Per OP-1 Exhibit D
Section III(D), the Federal Way City Code (FWCC) use zone chart 22-826 (office use) for the OP zone
applies with regard to certain development standards.
4. No modifications to the building are proposed, only site modifications; therefore, analysis of compliance
with zone chart development standards will be limited.
Mr. Arthur Richey
Page 2 of 4
September 12, 2019
5. Per FWCC 22-826, for office use one parking space is required for each 300 square feet of gross floor
area. The existing DaVita site (parcel 2154650080) with a 225,210 square foot building is required to have
751 parking spaces. The proposed DaVita site (parcels 2154650060, 2154650090, and 2154650110) with a
164,386 square foot -building is required to have 548 parking spaces. Ninety percent of the combined
requirement is 1,170 spaces (751+548=1,299*.9=1,170). The existing and proposed sites will have 1,269
parking spaces on -site (579+690=1,269). Removal of 14 spaces as part of the project covered under this
Use Process I application will change the total from 1,269 to 1,255 spaces. The 1,255 spaces exceed the
90 percent requirement of 1,170 spaces for shared areas.
Even with the proposed removal of 14 spaces, the remaining amount will be adequate for the use because
of the planned establishment of a shared parking agreement amongst parcels 2154650060, 2154650080,
2154650090, and 2154650110, pursuant to FWCC 22-1422:
"Two or more businesses or uses may share parking areas. The number of parking spaces
that must be provided in such shared areas must be at least 90 percent of parking spaces
required by this chapter for all such businesses or uses that are open or generating parking
demands at the same•time. The owner of each lot must sign an agreement in a form
acceptable to the city attorney, stating that the owner's property is committed to providing
parking for the other property. This statement must be recorded in the county, at the
applicant's expense, and shall run with the properties."
A condition of approval shall require submittal of documentation in compliance with FWCC 22-1422
prior to issuance of any permits associated with work covered under this Use Process I application. After
city review and approval, the documentation shall be recorded by the applicant and a copy provided to
the city. As conditioned, the above listed provisions pertaining to shared parking are met.
6. The submittal indicates the two new pedestrian pathways will be sidewalks constructed in widened
landscape islands with crosswalk striping between the islands. A condition of approval will require the
two new pedestrian pathways to be continuous with a distinct pavement texture and color that extends
across drive aisles. This is similar to other pedestrian pathways associated with the existing and proposed
DaVita sites and surrounding developments that have implemented this feature in their site design.
7. Changes to portions of existing parking lot landscaping are proposed to accommodate the new pedestrian
connections, including removal and replacement of two parking lot landscaping trees and additional
shrubs. Due to the establishment of a new pedestrian pathway, one of the replacement trees cannot be
accommodated in the parking lot landscape island where a tree will be removed due to the island's size, so
the replacement tree will be. located in a nearby island. Making the original location's island larger to
accommodate the replacement tree would require removal of more required parking spaces.
8. Public Works Traffic Division reviewed the submittal and has no comments.
9. The applicant submitted a drainage, water quality, and stormwater review determination, which
concluded that no stormwater review is required per applicable requirements. Public Works
Development Services reviewed the submittal and has no comments.
19-103604-00-UP Doc- I.D. 79564
Mr. Arthur Richey
Page 3 of 4
September 12, 2019
10. Lakehaven is the water and sewer service purveyor for the site. Lakehaven reviewed the submittal and has
no comments.
11. South King Fire & Rescue reviewed the submittal and does not have any concerns.
CONCLUSIONS OF LAW
1. The proposed improvements are not exempt from Use Process review as they do not meet criteria set
forth in FWRC 19.15.020, `Exceptions."
2. Process I "Director's Decision" is the appropriate Master Land Use application as the improvements are
to a developed site and do not exceed thresholds set forth in FWRC 19.15.030(1).
3. The proposed improvements are exempt from State Environmental Policy Act review as the scope of work
meets categorical exemption WAC 197-11-800(1) and FWRC 14.15.030(1).
4. The proposed improvements comply with the applicable zoning regulations set forth in Use Zone Chart
FWCC 22-826 (office use).
5. As conditioned, the proposed improvements meet Process I purpose criteria set forth in FWRC
19-55.020, including compliance with applicable zoning regulations in effect on August 23,1994 (Federal
I ay Qy Code [FWCCI), procedural requirements of current code (Federal I ay Revised Code [FWRC]), and
health, safety, and welfare standards.
CONDITIONS OF APPROVAL
1. Submittal of documentation in compliance with FWCC 22-1422 shall occur prior to issuance of any
permits associated with work covered under this Use Process I application. After city review and
approval, the documentation shall be recorded by the applicant and a copy provided to the city.
2. The two new pedestrian pathways shall be continuous with a distinct pavement texture and color that
extends across drive aisles.
APPEALS
The effective date of this decision per FWRC 19.05.360 is September 14, 2019. Pursuant to FWRC
19.55.050, the applicant, any person who submitted written comments or information, any person who has
specifically requested a copy of the decision, or the city may appeal this decision to the Federal Way Hearing
Examiner by September 30, 2019. Any appeal must be in the form of a letter delivered to the Community
Development Department with the established fee. The notice of appeal must contain a statement identifying
the decision being appealed, along with a copy of the decision; a statement of the alleged errors in the
director's decision, including identification of specific factual findings and conclusions of the director
disputed by the person filing the appeal; and the appellant's name, street address, email address, telephone
number, and fax number, and any other information to facilitate communications with the appellant.
Doc. I.D. 79564
19-103604-00-UP
Mr. Arthur Richey
Page 4 of 4
September 12, 2019
CLOSING
This land use decision does not waive compliance with future City of Federal Way codes, policies, and
standards relating to this development. This Process I approval does not constitute approval of a building
permit. If you have any questions regarding this decision, please contact Senior Planner Stacey Welsh at 253-
835-2634, orstaca.welsh@citvoffederalway.com.
Sincerely,
S
Brian Davis
Community Development Director
enc: Approved Site Plan (Sheet ST-01)
Approved Landscape Plan (Sheet LA-01)
c: Stacey Welsh, Senior Planner
Kevin Peterson, Senior Engineering Plans Reviewer
Sarady Long, Senior Transportation Planning Engineer
Brian Asbury, Lakehaven Water & Sewer District
Sean Nichols, South King Fire & Rescue
Eric LaBrie, ESM Consulting Engineers, LLC, cdr.1abriQQCsmcivil.corn
Savanna Nagorski, ESM Consulting Engineers, LLC, savanna.n2gQjr,;ki@e;mf-ivd.com
Todd J. Weiss, VEREIT Operating Partnership, L.P., ARC TRSEAWA001, LLC, 2325 East Camelback Road, 911, Floor,
Phoenix, AZ, 85016,rezkstate@_ygreit.cpjn
19-103604-00-UP Doc. I.D. 79564
RESUBMITTED
— -1
40k
CITY Federale,
Way
AUG i 0P 2019
CITY OF FED` 9AL WAY
RECEIVEON5,9'i?EKLAND USE APPLICATION
Dt4mirrmi.'N'rw: coimiu t'rY DF:►'ist.S PMENT
33325 81fi Avcnuc South
JUL 2 6 2p#9 Federal Way, WA 99003.6325
253-833.20(17. Fax 253•535-260
C1'fY OF F•:DMPAL WAY ►v►v►► ei vetlTed�y^rl►vn .►um
COMMUNITY D0SLOP#&a
APPLICATION NO(s) / / Y /O D t '✓` Date r —A r _
Project Name DaVita Business Office, Parking Modification
Property Address/Location 32275 32nd Ave S, Federal Way, WA 98001
Parcel Number(s) 215465-0080
Project Description Minor parking modification to provide pedestrian and fire access
PLEASE PRINT
connectivity for new proposed DaVita Office Park.
SEE ATTACHED SITE PLAN EXHIBITiAND LANDSCAPE EXHIBIT
Type of Permit Required
_ Annexation
_ Binding Site Plan
_ Boundary Line Adjustment
_ Comp P1antRezone
_ Land Surface Modification
Lot Line Elimination
Preapplication Conference
X Process I (Director's Approval)
_ Process Il (Site Plan Review)
_ Process III (Project Approval)
_ Process 1V (licaring Examiner's Decision)
_ Process V (Quasi -Judicial Rcsvnc)
Process VI
_ SEPA w/Project
_ SEPA Only
_ Shoreline: Variance/Conditional Use
_ Short Subdivision
_ Subdivision
Variance: Commercial/Residential
Required Information
OP-1 Zoning Designation
Office Park Comprehensive Plan Designation
21.554.000 Value of Existing Improvements
NIA Value of Proposed Improvements
btrentariosal Building Code (IBC):
N/A Occupancy Type
NIA Construction Type
Bulletin #003 - January I, 2011
Applicant
Name: DaVita Healthcare c/o Arthur Richey
Address: 6245 S Victor Ave
Ciry/State: Tulsa, OK
Zip: 74136
Phone: (918) 810-3700
Fax- Arthur Digitalysigned by Arthur Hlchey
DI : m=Arthur Whey, a—�ieoesls,
Email: arthur.richey@davita.com e—Davila.
ess 11l 1hur ddieyfzAavlla cam,
Signature: Richey Dale: 2019081919A302-05W
Agent (if different than Applicant)
Name: Eric LaBrie, ESM Consulting Engineers, LLC
Address: 33400 8th Ave S. Suite 205
City/State: Federal Way, WA
Zip: 98003
Phone: 253-838-6113
Fax: 253-838-7104
Email: eric labr(e@esmcivil.cam
Signature
Owner
Name: ARC TRSEAWA001, LLC
Address: 2325 E. Camelback Road, 9th FI
City/State: Phoenix, AZ
Zip: 85016
Phone: 602-778-8700
Fax:
Email: realestate il, om
Signature:By: VL f .8pirating Partnership, L.P.,
tV1 By: Todd .- Weiss - Authorized Signatory
Page I of 1
is Member
k:11•Iandouts\Maslcr Land Use Application
SITE PLAN EXHIBIT
DAVITA CBO EXPANSION
30 JANUARY 2019
O REMOVE TWO PARKING STALLS AND REPLACE
WITH CONCRETE SIDEWALK AND ADDITIONAL
LANDSCAPING.
OPTION: PROVIDE 20FT LONG SECTION OF METAL
WALKWAY CANOPY.
REMOVE ONE PARKING STALL AND REPLACE
WITH CONCRETE SIDEWALK AND ADDITIONAL
LANDSCAPING.
OPTION: PROVIDE 20FT LONG SECTION OF METAL
WALKWAY CANOPY.
REMOVE THREE PARKING STALLS AND REPLACE
WITH CONCRETE SIDEWALK AND ADDITIONAL
LANDSCAPING.
REMOVE TWO PARKING STALLS AND REPLACE
WITH CONCRETE SIDEWALK AND ADDITIONAL
LANDSCAPING.
REMOVE THREE PARKING STALLS AND CONNECT
DRIVE ISLE TO NEW BUILDING SITE. RELOCATE
EXISTING FIRE HYDRANT TO NORTH.
MODIFY EXISTING FOR NEW BUILDING ACCESS
DRIVE.
MODIFY EXISTING ACCESS TO S 323RD STREET PER
CITY REQUIREMENT.
S CONNECT NEW WATERLINE TO EXISTING PER
LAKEHAVEN WATER DISTRICT.
ADD PAINTED CROSSWALK.
ADD CONCRETE SIDEWALK.
TEMPORARY CONSTRUCTION EASEMENT.
McGRANAHAN architects
CITY OF FEDERAL WAY
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL
DATE: 8-6-19
TO: Cole Elliott, Development Services Manager
Scott Sproul, Building Official
Rick Perez, City Traffic Engineer
Brian Asbury, Lakehaven Water & Sewer District
Chris Cahan, South King Fire & Rescue
FROM: Stacey Welsh, Planning
FOR DRC MTG. ON: N/A; send comments/conditions by 8-21-19
FILE NUMBER(s): 19-103604-UP
RELATED FILE NOS.: 17-105642-UP & 17-105643-SE (on adjacent properties)
PROJECT NAME: DAVITA HEALTHCARE OFFICE PARK.— (A,t,,' �e-
L
PROJECT ADDRESS: 32275 32ND AVE S
PARCEL NUMBER: 215465-0080
ZONING DISTRICT: OP-1
PROJECT DESCRIPTION: Minor parking/landscaping/access modification to
provide pedestrian and fire access connectivity for
new DaVita Office Park.
LAND USE PERMITS: Use Process I
PROJECT CONTACT: Eric LaBrie
ESM Consulting Engineers LLC
33400 8thAve S., Suite 205
Federal Way, WA 98003
MATERIALS SUBMITTED: Master Land Use Application
Project Narrative Letter
Parking Easement Agreement
Surface Water Management Memorandum
Parking Analysis Exhibit (Aerial Photo)
Site Photos
Plan Set (site, civil, landscaping)
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RECEIVED
July 26, 2019
Mr. Brian Davis
Director
City of Federal Way Department of
Community Development
33325 81h Avenue S
Federal Way, WA 98003
RE: Process I - Parking Modification
DaVita Business Office, Federal Way
Dear Mr. Davis:
JUL 2 6 2019
OF FEDERAL WAY
Job No.1884-001-015
On behalf of DaVita Healthcare Partners, Inc. ESM Consulting Engineers is pleased to submit
a Process I land use application to the City of Federal Way for review and processing. In
support of the proposed DaVita Office Park (permit #17-105642), and to comply with 1994
Federal Way City Code (FWCC) the Weyerhaeuser Company Concomitant Pre -Annexation
Zoning Agreement (CZA), dated August 23, 1994, DaVita is seeking a Parking Modification,
or Land Surface Modification through Process I as described in FWCC 22-1094, on the
existing property in use by DaVita located at 32275 32nd Ave S.
PROJECT NARRATIVE
DaVita Healthcare Partners, Inc. currently houses a portion of their corporate offices in an
existing building, located on Lot H of the East Campus Corporate Park, also known as King
County tax parcel 215465-0080, developed under the City's Process III permit #99-100624.
As the company continues to grow, they have decided to expand their corporate footprint
in the City of Federal Way by creating a campus -like development utilizing the existing
building and adjacent vacant land.
The Process III land use permit and SEPA determinations for development of the adjacent
land were recently approved (File #17-105642-UP). The proposed DaVita development
includes three separate parcels that encompass two distinct pieces of property. The
southern property contains the proposed building, parking spaces and pedestrian
amenities, while the northern property contains a parking lot. For clarification sake, this
narrative will reference the subject property of this Parking Modification request as Property
A and the proposed DaVita development lots as Property B.
33400 8th Ave S. Ste 205 Tel (253) 838 6113 Everett (425) 297 9900
Federal Way WA 96003 Fax (253) 838 7104 Toll Free (800) 345 5694
www esmcivil com
Mr. Brian Davis
July 26, 2019
Page 2
The projects associated with Property A and Property B are regulated by the FWCC and the
CZA, which require that pedestrian and bicycle pathways link buildings in office parks
separate from internal road systems and are included as major features in office park
developments. It is the intent of this Parking Modification request to provide a non -motorized
path between Property A and Property B by replacing a small amount of existing parking
surface with wider landscaping islands and pedestrian pathways. In addition, an existing
barrier along an adjoining property line will be removed to accommodate emergency fire
access.
In summary, this project is proposing to remove 14 parking stalls, develop a shared facilities
agreement between Property A and Property B, add 360 feet of pedestrian pathway to
Property A and have an overall net add of 1,785 square feet of replaced impervious surface.
Per FWRC 19.120.0300 0), or FWCC 22-178, this project meets the criteria as an exempt
clearing and grading action. Additionally, per the 2016 King County Stormwater Manual as
amended and adopted by the City of Federal Way, no drainage, water quality or stormwater
review is required.
PARKING ANALYSIS
Per FWCC 22-826, the minimum parking requirement that applies to this land use (Office) is
1 parking stall for each 300 feet of the gross floor area of the building. According to the
King County Assessor, the existing building is assessed for 225,210 GSF. There are currently
579 parking stalls on the site, with an additional 38 stalls available in an easement on the
adjacent property (King County tax parcel #215465-0050). See the Parking Space Easement
Agreement Exhibit D, recording #20040205002032, included with this application.
The table below reflects the parking analysis calculations for the shared facility provision
(FWCC 22-1422) between Property A and Property B, which allows for 90% of the required
parking stalls be provided. Please also refer to the included Parking Analysis Exhibit. We
understand that additional covenants to support the shared facilities agreement are required
on Property A and Property B.
SHARED FACILITIES WITH PROPOSED DAVITA OFFICE PARK
DAVITA
PARKING AND BUILDING PROPERTY A
Gross Floor Area (SF) 225,210
Parking Stalls Required (300/SF) 751
90% of Shared Stalls Required
Parking Stalls Provided On -site 579
Stalls Provided in Easement 38
Parking Stalls Removed -14
Parking Stalls Remaining 603
Total Parking Stalls Over Req'd
Overall Standard Required
DAVITA PROPOSED
PROPERTY B SHARED RESULTS
160,493 385,703
535 1286
1158
690 1269
38
-14
690 1293
135
EXCEED
I �I
Mr. Brian Davis
July 26, 2019
Page 3
PEDESTRIAN PATHWAYS
Approximately 320 feet of pedestrian pathway is already provided on Property A, connecting
from the intersection roundabout at 32"d Avenue South and South 323'd Street to the front
entry of the building. An additional 30 feet of pathway is provided from the parking isle
adjoining the 1-5 Tech facility to the north. Otherwise, sidewalks are provided around the
perimeter of the existing DaVita Business Office and terminate towards the rear of the
building where entry into the building is limited.
An additional 360 feet of pedestrian pathway is proposed from the new DaVita development
for this Parking Modification request, for a total of approximately 710 feet of pedestrian
pathways located on Property A. The pedestrian pathways will be constructed of sidewalks
on widened landscape islands and crosswalk striping between the islands.
VEHICLE AND FIRE ACCESS
Vehicular access is proposed from the existing driveway which extends from the intersection
roundabout at 321d Avenue South and South 3231d Street that is fully constructed. An
additional driveway access is proposed for the new DaVita Office Park building from the
existing driveway of the subject property. In order to accommodate this driveway, minor
surface modifications are required on Property A that includes construction of a 47-wide
access point with appropriate radii at the curb returns.
In addition, to support adequate emergency fire access circulation between Property A and
Property B, a driving path connection will be made at the southeast comer of Property A.
This will include removing two parking stalls and constructing a direct driving surface
connection.
SURFACE WATER MANAGEMENT
This project is designed to meet the 2016 King County Stormwater Manual as amended
and adopted by the City of Federal Way. Determinations for review of drainage, water quality
and stormwater for the Parking Modification site improvements are included in a separate
Surface Water Management Review Determination Memorandum. In summary, with a net
add of 1,785 square feet of impervious surface replacement, no drainage, water quality or
stormwater review is required.
TREES AND LANDSCAPING
To accommodate the pedestrian pathway improvements, two existing parking lot
landscaping trees will be removed and replaced per the requirements of FWCC 22-1095.
The disturbed and modified landscape areas will be covered with two inches of mulch, and
where shrubs are removed, new shrubs will be planted at least 24 inches in height.
DECISIONAL CRITERA PNCC SEC. 22-1094 C
Outlined below is a response to the decisional criteria for the Land Surface Modification
Discretionary Approval. The criteria outlined in the code is shown in italics and our response
in bold:
Mr. Brian Davis
July 26, 2019
Page 4
1) Except as allowed under this chapter, it will not alter or adversely affect streams,
lakes, wetland or significant trees, either on or off the subject property
Although the subject property is located adjacently east of a wetland, the wetland is
protected by a buffer within Tract A of the East Campus Corporate Park All site
improvements are proposed on the eastern side of the building, away from the
wetland, and all drainage from that area will flow to the water quality and detention
ponds in Tract C and ❑ of the East Campus Corporate Park No other critical areas
are within the vicinity of the subject property.
Two parking lot landscape trees, both now significant trees from years of growth, will
be removed and replaced according to FVVCC 22-1095.
2) It will not violate any express policy of the city.
The proposed improvements are designed to meet all policies of the City of Federal
Way. In particulate, the proposal is due to the policy to implement pedestrian and
bike pathways in a campus setting, a requirement for the proposed DaVita Office
Park (permit #17-105642).
3) It meets at least one of the following criteria:
a. It is necessary to correct an eroslan or drainage problem on an undeveloped
site.
Not applicable.
b. It is necessary to create new utility or access corridors.
The improvements provide pedestrian connectivity between the existing and
proposed DaVita buildings of the campus setting.
C. other unusual circumstances exist which make it reasonable to permit land
surface modification in advance of the issuance of a development permit,
subdivision or short subdivision approval or shoreline substantial
development permit.
The DaVita Office Park approval has experienced substantial delays due to
unusual circumstances related to other development and land use reviews
in process at the City of Federal Way. By reviewing and approving this
Process I request in advance, no negative repercussions of the DaVita Office
Park are anticipated.
SUBMITTAL MATERIAL-S
Included with this Process I submittal are the following application materials:
1. Project Narrative (this letter - 3 copies);
2. Master Land Use Application;
Mr. Brian Davis
July 26, 2019
Page 5
3. Parking Analysis Exhibit (3 copies);
4. Copy of Parking Space Easement Exhibit D, Recording #20040205002032
(3 copies);
5. Surface Water Management Review Determination Memorandum (3 copies);
6. Figure 1.1.1.8 from the City of Federal Way's Addendum to KCSWDM (3
copies);
7. Site Plan Set (6 copies);
8. Application Fee (check for $1,805.00);
If you have any questions, please feel free to contact me at 253-838-6113. Thank you for
your time and considerations in review of the project.
Sincerely,
ESM CONSULTING ENGINEERS, LLC
SAVANNA NAGORSKI, M.S.
Planner/GIS Analyst
Enc: As noted
CC: Jim Hilger, DaVita Healthcare Partners, Inc.
Arthur Richey, Team Genesis
Mark Kinney, Team Genesis
Todd Olsen, McGranahan Architects
gkesm-jobsO 884100110151documentlletter-016.docx
SSM
2/19/2019
Landmark Web Official Records Ser"�
JUL
2019
CrrY OF FEDEFIAL WAY '
COMMUNfTY DEVELOPMENT
EXCISE TAX NOT REQUIRED
Records i7msion
Deputy
https://recordsearch.kingcounty.gov/LandmarkWeb/searchliindex?theme=.blue§ion=searchCdtedaParcelld&quickSearchSelection=# 1 /17
2/19/2019
Landmark Web official Records Se�
PARKING SPACE EASEMENT AGREEMENT
This PARKING SPACE EASEMENT AGREEMENT ("Agreement") is effective
as of this day of February, 2004, between RICHARD GETTY and RHONDA GETTY,
husband and wife, .TERRY BARNETf and KATHERINE BARNETT, husband and wife, and D
MICHAEL DUNNE and JOANN DUNNE, husband and wife, as tenants in common, ("Grantor")
and CAPITAL ONE REALTY, INC, a Delaware corporation ("Grantee")
RECITALS
A Grantee owns certain land located in King County, Washington which is
more particularly described on Exhibit A attached hereto and made a part hereof (the
"Benefitted Property")
B Grantor owns certain land located in King County, Washington, which is
more particularly described on Exhibit B attached hereto and made a part hereof (the
"Burdened Property") The Burdened Property is adjacent to the Benefitted Property
C Grantee requests, and Grantor is willing to grant, an exclusive easement
across a certain portion of the Burdened Property for parking use, on the terms and
conditions set forth in this Agreement
AGREEMENTS
In consideration of the mutual covenants herein, Grantor and Grantee agree as
follows
I Grant of Easement Grantor hereby grants and conveys to Grantee, in
accordance with the terms of this Agreement, a perpetual, exclusive parking space
easement (the "Parking Space Easement") on, over and across that portion of the Burdened
Property as described on Exhibit C, attached hereto and made a part hereof, and shown on
Exhibit D, attached hereto and made a part hereof (the "Easement Area") to allow Grantee
and Grantee's invitees, agents, tenants, contactors and employees ("Grantee Parties")
vehicular and pedestrian parking use on, over and across the Easement Area The Parking
Space Easement shall terminate if and when the Parking and Driveway Easement dated
August 7, 2001 and recorded in King County Records under number 20010810001024
terminates
2 Use ofthe Casement Area by Grantor Grantor retains the right to fully use
and enjoy the Easement Area, to the extent such use does not unreasonably interfere with
the rights of Grantee under this Agreement Grantee agrees that it will at all times exercise
its rights hereunder in a manner that will not unreasonably interfere with the use of the
Easement Area, by Grantor or Grantor's invitees, agents, tenants, contractors and
employees ("Grantor Parties")
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3 Maintenance Grantor agrees, at its own expense, to maintain and repair
the Easement Area in a good and safe condition and to cause the Easement Area to comply
with all Applicable Requirements (as defined herein)
4 Cam fiance with Apl2licable R uirements Grantee covenants and agrees
that Grantee shall, at all times hereafter, use the Parking Space Easement in compliance
with all applicable laws, statutes, ordinances and governmental rules, regulations and
requirements now in force or that may become in force C Apphcable Requirements"), and
that Grantee will not do or permit to be done anything which would or might result in
Grantor becoming liable for any increased costs, damages, fines or penalties under any
Applicable Requirements and Grantee will not cause any damage to the Easement Area
other than ordinary wear and tear
5 Insurance Grantor and Grantee shall each be responsible for obtaining and
maintaining a policy of commercial. general liability insurance with an insurance company
licensed to do business in the State of Washington and having a rating of at least A as set
forth in the most current issue of "Best'.s Insurance Guide " Each policy shall name the
other party as an additional insured with respect to the Easement Area and shall specify an
aggregate limit of not less than One Million Dollars ($1,000,000) for personal injury and
property damage Grantor and Grantee each agree that, upon request, each party shall
promptly deposit with the other party a current certificate or other evidence of such
insurance Each certificate shall expressly provide that such policy shall not be cancelable
or otherwise subject to modification except after thirty (30) days prior written notice to
both Grantor and Grantee Grantor and Grantee may each from time to time require the
other party to increase the amount of such insurance in order to reflect inflation and the
amount of insurance then generally acceptable to property owners and available on
commercially reasonable terms The limits of insurance maintained by the Grantor and
Grantee shall not limit either party's liability under this Agreement if the Grantor or the
Grantee fails to maintain the insurance required in this Agreement, such party shall be
liable for all losses and costs resulting from said failure
6 Successors and Assigns The rights herein granted and the duties hereby
agreed to shall inure to the benefit of and be binding upon the parties' respective
successors and assigns
7 Enforcement Grantor and Grantee will each have the right to enforce this
Agreement through all legal action available at law or in equity, including injunctive relief
and consequential claim in any proceeding for the enforcement of rights hereunder or for
the breach of this Agreement, the prevailing party in any such proceeding will be entitled
to recover from the other party its reasonable attorneys' fees and costs in any such action
8 N2 Wa<_ver No waiver of any default by either party hereto will be implied
from the failure by the non -defaulting party to take any action in respect of such default
No waiver of any default in the performance of any provision of this Agreement will be
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deemed a wavier of any subsequent default in the performance of the same provision or
any other provision No consent to or approval of any act or request by either Grantor or
Grantee will be deemed to waive or render unnecessary the consent to or approval of any
subsequent similar act or request
9 No Pggggrslup Nothing contained in this Agreement and no action by
either Grantor or Grantee will be deemed to create the relationship of principal and agent,
or a partnership, joint venture, or any association between Grantor and Grantee
10 No Mercer In the event Grantor's Property and Grantee's Property are
owned by the same person, this Easement shall not terminate by merger, but shall continue
in full force and effect This Easement may be terminated by merger only if the person
that owns both Grantor's and Grantee's Property executes a written document confirming
such merger
11 Counterparts This Agreement may be executed in any number of
counterparts, each when considered together shall be deemed one document
12 Miscellaneous When used in this Agreement, the singular number shall
include the plural, the plural shall include the singular and the use of any gender shall
include all genders All provisions of this Agreement are severable and the invalidity or
unenforeeability of any provision of this Agreement will not affect the validity or
unenforceability of any other provision This Agreement will be governed by and
construed in accordance with the laws of the State of Washington This Agreement may
only be amended by a written agreement signed by both Grantor and Grantee, their legal
representatives, successors or assigns
[SIGNATURES ON THE FOLLOWING TWO PAGES J
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EXECUTION
DATED as of the day and year first written above
GRANTOR:
By:
RICHARD GETTY
By
JERRY BARNETT
By 0,
D MiCHAEL DUNNE �. • t
00
GRANTEE:
CAPITAL ONE REALTY, INC., a Delaware corporation
. �_
Its: Vice President, Corporate Real Estate
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STATE OF VIRGINIA J
) ss.
COUNTY OF HENRICO }
I, a notary public in and for state and county aforesaid do certify that Larry P.
Ebert, whose name as Vice President, Corporate Real Estate of CAPITAL ONE REALTY,
INC is signed to the writing above, bearing date on the .3fO day of February, 2004, has
acknowledged the same before me in my county aforesaid
D
Given under my hand and official seal this �' day of February, 2004.
My term expires - h -),,
cZ 4
410 (signature}
V. �a Nb Publi
(Tide)
'I4000-
0
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EXECUTION
DATED as of the day and year first written above
GRANTOR:
By
RHONDA GETTY
By.
KATHERINE BARNETT 0
By:
Joka
D
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EXECUTION
DATED as of the day and year first written above
GRANTOR:
LMA
RICHARD GETTY
By
JERRY BARNETT
By r t
D WHAEL DUNNE
GRANTEE:
CAPITAL ONE REALTY, INC., a Delaware corporation
By
Its
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STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this Z day of February, 2004, before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, D MICHAEL DUNNE,
personally known to me to be the individual named in and who executed the foregoing
document, and acknowledged to me that he signed the same as his free and voluntary act
and deed for the uses and purposes therein mentioned
WITNESS my hand and official seal the day and year in this certificate above
written
`,. 0 mtu
(Name legibly printed or stamped)
,Notary Public in and fore State of
.-Washington, residing at, 1f_�(l_t-U\5 �
{My Commission expires Ufa 01-1
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this 1' day of February, 2004, before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, JOANN DUNNE,
personally known to me to be the individual named in and who executed the foregoing
document, and acknowledged to me that he signed the same as his free and voluntary act
and deed for the uses and purposes therein mentioned
WITNESS my hand and official se
written
rking Space Easement Agreement -9
al
the day and year in this certificate above
Okyrafure) I I— — r.
(Name legibly printed or stamped)
Notary Public in and for Ae State of
Washington, residing at Pta
My Commission expires ':I V1.�Lj
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EXECUTION
DATED as of the day and year first wntten above
GRANTOR:
By.
RH NDA
By ��.Ji+[ti.4��
KATHERINE BARNETT 0
By.
JOANN DUNNE
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EXECUTION
DATED as of the day and year first written above.
ao
t71
By.u--�.
JE Y BIARNETT
O
B _
y D MICHAEL DUNNE
GRANTEE:
CAPITAL ONE REALTY, INC., a Delaware corporation
By
Its
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STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this j day of February, 2004, before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, RICHARD GETTY,
personally known to me to be the individual named in and who executed the foregoing
document, and acknowledged to me that he signed the same as his free and voluntary act
and deed for the uses and purposes therein mentioned
WITNESS my hand and official seal the day and year in this certificate above
written 5I" I, +„r1,,,,�.
k-
CO' Q T� (Signature) a hx 1 _&aj(F
pU$ (Name legibly printed or stamped)
+r ,72-•' c� Notary Public in and for the State of
�'•,�� Washington, residing at Q caret
My Commission expires-L14 2.-d
STATE OF WASHINGTON)
ss
COUNTY OF KING ) 710�
On this �&Iay of February, 2004, before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, RHONDA GETTY,
personally known to me to be the individual named in and who executed the foregoing
document, and acknowledged to me that he signed the same as his free and voluntary act
and deed for the uses and purposes therein mentioned
WITNESS my hand and official seal the day and year in this certificate above
written
Parking Space Easement Agreement -7
(Signature) -+k
(Name legibly printed or stamped)
Notary Public in and for the St to of
Washington, residing at /
My Commission expires�I�^—{7c
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STATE OF WASHINGTON )
) ss
COUNTY OF KING }
On this e' ay of February, 2004, before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, JERRY BARNETT,
personally known to me to be the individual named in and who executed the foregoing
document, and acknowledged to me that he signed the same as his free and voluntary act
and deed for the uses and purposes therein mentioned.
WITNESS my hand and official
wntten.
tititi,Ilrlrlr,,�!
oo %0TAA :a
=CP pi18 CY•.o
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
seal the day and year in this certificate above
" k- "
(Signaturt; A,,, V- • �� _ i I
[Name legibly printed or legibly printed or stamped)
Notary Public in and for the St to of
Washington, residing at
My Commission expires�z�
0-
0
On this _e day of February, 2004, before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, KATHERINE
BARNETT, personally known to me to be the individual named in and who executed the
foregoing document, and acknowledged to me that he signed the same as his free and
voluntary act and deed for the uses and purposes therein mentioned
WITNESS my hand and official seal
written
Parking Space Easement Agreement -8
the day and year in this certificate above
_ �_ 11
{Signatures
(Name legibly panted or stamped)
Notary Public in and for the S e of
Washington, residing at t?m
My Commssion expires �d
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EXHIBIT A
LEGAL DESCRIPTION
LOT H OF EAST CAMPUS CORPORATE PARK PARCEL 1, AS DESCRIBED IN CITY OF
FEDERAL WAY BINDING SITE PLAN (CITY FILE NO BSP 98-0003), RECORDED
SEPTEMBER 16, 1999 UNDER RECORDING NO 19990916001397, RECORDS OF KING
COUNTY, WASHINGTON,
SITUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING, STATE OF
WASHINGTON
a
04000
0-
0
S
A-1
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EXHIBIT B
LEGAL DESCRIPTION
LOTS D AND E, EAST CAMPUS CORPORATE PARK PARCEL 1, AS DESCRIBED IN
CITY OF FEDERAL WAY BINDING SITE PLAN (CITY FILE NO BSP 98-0003)
RECORDED SEPTEMBER 16, 1999 UNDER RECORDING NO(S) 19990916001397, IN
KING COUNTY, WASHINGTON,
(ALSO KNOWN AS PARCEL A OF BOUNDARY LINE ADJUSTMENT NO 00-104922-SU
RECORDED UNDER KING COUNTY RECORDING NO 20001107900004)
`0
s
0i
0-
0
S
01
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EXHIBIT C
LEGAL DESCRIPTION
Parking Easement
That certain parcel of land situated in the City of Federal Way, County of King, State of
Washington, being that portion of Parcel A of Boundary Line Adjustment No. 00-
104922-SU recorded under Recording No. 20001107900004 at the Office of the King
County Recorder, described as follows
Commencing at the most westerly southwest comer of said Parcel A; thence along the
south line of said parcel, South 86°40' 14" East 71.74 feet and South 100311471, East
83.90 feet to the True Point Of Beginning; thence continuing along said south line,
South 89059'48" East 354.64 feet, thence North. 00°00' 12" East 10.00 feet to a line
parallel with and 10.00 feet north of said south line; thence along said parallel line,
North 89°59'48" West 356 50 feet to said south line, thence along said south line,
South 1091'47" East 10.17 feet to the True Point Of Beginning.
Containing: 3556 Square Feet, more or less.
C-1
31453
�•O�'AL iXIA
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EXHIBIT D
GRAPHIC SCALE
60 0 40 so 160
( IN FEET )
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TH �4�,f H6 PARKING EASEMENT
uwo RezwQ. aKc zassu oeao --w-36 Min Parcel A - B L A No OD404922SU
D-1
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RECEIVED
QNsu_Lu.XSL_" G I N E JUL 262019
SMU33400
Bch Avenue South, Suite 205 jF WAYederal Way, WA 98003
D E 01' ENT
MEMORANDUM
TO: BRIAN DAVIS, COMMUNITY DEVELOPMENT DIRECTOR, CITY OF FEDERAL WAY
FROM: LAURA BARTENHAGEN, PE, ESM CONSULTING ENGINEERS, LLC
SUBJECT: DAVITA BUSINEES OFFICE PROCESS I, PARKING MODIFICATION
SURFACE WATER MANAGEMENT REVIEW DETERMINATION
JOB NO: 1884-001-015
DATE: FEBRUARY 28, 2019
PROPOSED IMPROVEMENTS
In support of the proposed DaVita Office Park (permit #17-105642), and to comply with the
Weyerhaeuser Company Concomitant Pre -Annexation Zoning Agreement (C7A), dated
August 23, 1994, DaVita is seeking a Parking Modification, or Land Surface Modification
through Process I as described in FWCC 22-1094, on the existing property in use by DaVita
located at 32275 32nd Ave S.
DaVita Healthcare Partners, Inc. currently houses a portion of their corporate offices in an
existing building, located on Lot H of the Fast Campus Corporate Park, also known as King
County tax parcel 215465-0080. As the company continues to grow, they have decided to
expand their corporate footprint in the City of Federal Way by creating a campus -like
development utilizing the existing building and adjacent vacant land.
It is the intent of this Parking Modification request to provide a non -motorized path between
the existing and proposed DaVita buildings by replacing a small amount of existing parking
surface with wider landscaping islands and pedestrian pathways. In addition, an existing
barrier along an adjoining property line will be removed to accommodate emergency fire
access.
In summary, this project is proposing to remove 14 parking stalls, add 360 feet of pedestrian
pathway to the subject property, and have an overall net add of 1,785 square feet impervious
surface replacement
This project is designed to meet the 2016 King County Stormwater Manual as amended
and adopted by the City of Federal Way. Below are determinations for review of drainage,
water quality and stormwater for clarity on the Parking Modification site improvements.
DETERMINING DRAINAGE REVIEW REUIREMENTS:
Civil Engineering • Land Surveying • Project Management • Public Works • Land Planning • Landscape Architecture
Phone 253.838.6113 800.345-5694 Fax 253.838.7104
STEP 1: DRAINAGE REVIEW DETERMINATION
Is the ro "actor ra osed activi sub ect to Q Code Title 16 Surface Water Mana ement
,oursuant to FWRC 1615.010 et7ulated Activities?
2 Pro"acts that add 2000 s uare feet or more of new im ervious surface re laced
i7 envious surface or new lus re Laced im envious surface.
This proposal includes 2,495 SF of replaced impervious surface; however, the project is also
proposing to remove 71 ❑ SF of existing impervious surface and replace with new pervious
surface. Therefore, the project is only proposing a net add of 1,785 square feet of replaced
impervious surface, which is under the threshold of regulated activities for Title 16.
STEP 3: WATER QUALITY REVIEW DETERMINATION
1.1.1A Projects Requiring Water gualrt Review from the Addendum was used to determine
if water quality review is required.
1. is the project a "redevelopment project" per the KCSWDM?
The KCSWDM defines a redevelopment project as a project that proposes to add,
replace or modify impervious surfaces for purposes other than a residential
subdivision or maintenance on a site that is already substantially developed in a
manner consistent with its current zoning or with a legal non -conforming use, or has
an existing impervious surface coverage of 35916' or more.
Yes - the site is already substantially developed in a manner consistent with its
current zoning (OP-1); therefore, the project is defined as a redevelopment project.
2. Does the project meet thresholds 6-13 in Section 1.1.1A of the Addendum?
Threshold 6. Redevelopment which involves the creation or addition of iaweruious
surfaces having an area of 5,,000 square feet or more.
No - The proposal calls for a net add of 1,785 square feet of new/replaced
impervious surface.
Threshold 7. Redevelopment which involves the construction or replacement of a
building footprint or other structure having a surface area of 5000 square feet or
more, or which involves the expansion of a building footprint or other structure by
5,,000 square feet of sunace area or more.
No - Only land surface modifications are proposed and does not involve the
construction or replacement of a structure.
Threshold 8. 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.
No - The proposed replaced impervious surface (net add of 1,785 square feet) is
less than the 5,000 SF replaced impervious surface threshold.
Threshold 9. 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.
2
No - The proposed replaced impervious surface (net add of 1,785 square feet) is
less than the 5,000 SF new plus replaced impervious surface threshold.
Threshold 10. 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 Public Works 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.
No - The project is not proposing pollution generating impervious surface.
Furthermore, stormwater runoff is anticipated to discharge to two separate existing
combined detention and water quality ponds located east and west of the site.
Threshold 11. Redevelopment which involves a change in use, and the changed
use has a potential to release a new pollutants) to surface watersystems within the
city. For the purposes of this subsection, `new pollutants)" 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.
No - The project is not proposing a change in use or "new pollutants" as the area
being replaced was previously impervious.
Threshold 12. Redevelopmen4 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
No - Only land surface modifications are proposed and does not involve the
construction or replacement of a structure.
Threshold 13. Redevelopment of propery 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 Public Works Director prior to submission
of a redevelopment application determined to trigger application of this subsection,
where the Public Works Director determines that the redevelopment requires
additional specific controls to address the documented water quality problem.
No - The project is not proposing pollution generating impervious surface.
Furthermore, stormwater runoff is anticipated to discharge to two separate existing
combined detention and water quality ponds located east and west of the site.
In summary, following Step 3 1.1.1 A Projects Requiring Water Quality Review from the
Addendum, no water quality review is required.
STEP 4: STORMWATER REVIEW DETERMINATION
1.1.1.B. Pr
o'ects Re uirin Stomwater Review from the Addendum was used to determine
ifstormwaterreview isrequired with the aid ofFi ure 1.1.1.E St imwaterReview50wChart
1. Is the project a "redevelopment project" per the KC5WDM?
Yes - the site is already substantially developed in a manner consistent with its
current zoning (OP-1); therefore, the project is defined as a redevelopment project
2. Does the project meet thresholds 6-7 in Section 1.1.1.B of the Addendum?
Threshold 6. The project is a redevelopment project proposing $100,000 ormore of
improvements to an existing high -use site.
No - The proposed replaced impervious surface's value will not exceed $100,000
and the existing site is not considered high -use. The site's average daily traffic count
is not equal to or greater than 100 vehicles per 1,000 SF of gross building area, the
site does not store/transfer petroleum, nor is it subject to use/storage/maintenance
of a fleet of 25 or more vehicles that are over 10 tons net weight
Threshold 7. The project is a redevelopment project on a single- or multiple parcel
site in which the total of new plus replaced impervious surface is 5, 000 square feet
or more and whose valuation of proposed improvements (including interior
improvements and excluding required mitigation and frontage improvements)
exceeds 509165 of the assessed value of the existing site improvements
No - The proposed replaced impervious surface (net add of 1,785 square feet) is
less than the 5,000 SF of new plus replaced impervious surface threshold and the
valuation of the proposed improvements will not exceed 50% of the assessed value
of the existing site improvements.
In summary, following Step 4 1.1.1.6. Projects Requiring Stormwater Review from the
Addendum, no stormwater review is required.
\\esm 8\e ngr\esm-jobs\1884\001\015\document\memo-005.docx
4
RECEIVE®
JUL 2 6 2019
FIGURE 1.1.1.13 CITY OF FEDERAL WAY
Stormwater Review Flow Chart * COMMUNITY DEVELOPMENT
Project
or
Activity
Stormwater Review
(Small Project Drainage Requirements,
Core Requirements 1 - 7 &
Special Requirements 1 - 5)
Does project meet definition of
"redevelopment project" per KCSWDM?
Yes
Does the project meet
thresholds #s 6 - 7
in Section 1.1.1.13
of this addendum?
Stormwater Review
Required
See Section 1.1.2
of KCSWDM for
specific requirements
M
No No
No Stormwater
Review
Required
Does the project meet
thresholds #s 1 - 5
in Section 1.1.1.13
of this addendum?
Stormwater Review
Required
See Section 1.1.2
of KCSWDM for
specific requirements
* The requirement to complete a stormwater review is separate from the requirements to conform
to the Water Quality Review (1.1. LA). if water quality is triggered, but a stormwater review is
not, the applicant is still required to conform to the Water Quality requirements.
City of Federal Way Addendum to the
King County, Washington Surface Water Design Manual
Page 9 of 23
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