Draft Development Agreement AmendmentError! Unknown document property name. page 1
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FOURTH AMENDMENT
TO CONCOMITANT DEVELOPMENT AGREEMENT
Enchanted Park
THIS FOURTH AMENDMENT is made and entered into this _____ day of
____________________, by and between the CITY OF FEDERAL WAY, a non-charter optional
municipal code city organized and existing under the laws of the State of Washington (the “City”
or “Federal Way”), and EPI REALTY HOLDINGS, INC., a Washington corporation (“EPI”).
RECITALS
A. The Enchanted Parks Property is owned by Jeffrey W. Stock descendants trust and
Leanne M. Stock descendants trust under the entity of EPI Realty Holdings, Inc., and leased to
EPR Properties for park operations.
B. The Property is situated in the City of Federal Way, Washington, and is more
particularly described in Attachment A attached hereto and incorporated herein by this reference
(the “Property” or “Enchanted Parks”). The Property is subject to zoning and use provisions and
development standards of the Concomitant Development Agreement between the City of Federal
Way and Enchanted Parks, Inc., dated January 30, 1998, as amended by first amendment dated
June 30, 2000, second amendment dated January 17, 2002 and third amendment dated December
5, 2017 (“2017 CZA” or “Concomitant Development Agreement”).
C. The parties desire to extend the term of the Concomitant Development Agreement,
amend Exhibit C – “Office Park Zone (OP-4) Development Regulations” to provide additional
flexibility within the future uses allowed, specify hours of operation parameters for the Regional
Commercial Recreation Facility use, and clarify application of traffic mitigation to future potential
Non-Regional Commercial Recreation Facility uses.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
contained in this Fourth Amendment, the parties hereby covenant and agree as follows:
AGREEMENTS
1. Section 4.1 Hours of Operation shall be amended as follows:
4.1 Hours of Operation. The normal hours of operation for the Regional
Commercial Recreational Facility uses on Enchanted Parks Property shall be permitted from
9:30 a.m. to 10:00 p.m., seven days a week; provided that Enchanted Parks may, from time to
time, but not exceeding 15 times per year, maintain operations later than 10:00 p.m. for special
events, such as high school graduation parties. In addition, operations of facilities on the
Northern portion of the property (as depicted by a dividing line on EXHIBIT J) shall be
permitted until 1: 00 a.m. No outdoor music audible to any residential areas shall be allowed
after 10:00 p.m. Enchanted Parks shall fully comply with the City Noise Ordinance, glare and
lighting requirements; and shall modify, if directed by the Director of Community Development,
noise and lighting to minimize any impacts to the developed adjacent residential areas.
2. Section 4.3 Traffic shall be amended as follows:
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4.3 Traffic. As of the date of this Amended Agreement, the parties agree that the
traffic generated by the existing uses and activities on the Enchanted Park Property has been
mitigated up to the attendance and trip levels set forth in Table 1 below (the "SEPA Baseline"),
which were established using EXHIBIT K-2 (REVISED 2003 Traffic Assessment for Wooden
Roller Coaster (Sept. 4, 2002)), attached hereto and incorporated herein. The traffic generated by
the Enchanted Park Property for any future Regional Commercial Recreational Facility
Replacement or Expansion project (hereafter “Expanded Ride Capacity") that requires land use
approval or a building/engineering permit shall be calculated using the Methodology of Exhibit
K-2 and a 2.5 occupant-to-vehicle ratio.
In the review of any future Expanded Ride Capacity Project on the Property, the City
shall recognize the methodology used to derive new trips as specified in the traffic report,
EXHIBIT K-2, and an occupant-to-vehicle ratio of 2.5 for such uses, consistent with the traffic
report, EXHIBIT K-2. Other methods may be used to calculate traffic generation by Enchanted
Park as approved by the City. Enchanted Park shall provide a trip generation study consistent
with the methodology in EXHIBIT K-2 for all future Expanded Ride Capacity Projects on the
property and shall be subject to concurrency management program requirements of Chapter
19.90 FWRC if such Expansion Project generates new trips in the PM Peak hour in excess of the
SEPA Baseline.
Applications for future Non-Regional Commercial Recreational Facility uses or
development shall be subject to SEPA, transportation impact fees, and concurrency management
processes consistent with City codes at that time, and shall prepare a traffic study and mitigate all
impacts not mitigated in the SEPA Baseline to the satisfaction of the City's Public Works
Director pursuant to City codes and applicable City Comprehensive Plan policies.
3. Section 6 Mitigation and Impact Fees shall be amended as follows:
6. Mitigation and Impact Fees. Except as otherwise provided for in this Amended
Agreement, Federal Way shall not impose or attempt to recapture any fees from Enchanted Park
or impose other requirements on Enchanted Park to mitigate potential impacts associated with
the present Regional Commercial Recreational Facility use of the Enchanted Park Property
(including uses authorized under Sections 8.1, 8.2, and 8.3 below), except to the extent that
street, sidewalk, or other public improvements may be required under FWRC Section
19.135.030. Enchanted Park shall be entitled to conduct Regional Commercial Recreational
Facility uses and activities throughout the year on the Property that do not exceed the average of
10 highest days trips or peak hour traffic levels identified in Table 1, or another measure from
the City's Guidelines for the Preparation of Transportation Impact Analyses, without the need or
requirement to pay mitigation or impact fees of any kind; provided that Regional Commercial
Recreation Facility uses or development that exceeds such traffic levels in the future shall be
subject to transportation impact fees and concurrency management processes consistent with
City codes at that time. In the event traffic generated by an Expanded Ride Capacity project
exceeds the SEPA Baseline established in section 4.3 and is deemed significant by the City,
Enchanted Parks shall prepare a traffic study and mitigate such impacts to the satisfaction of the
City's Public Works Director pursuant to Chapter 19.135 FWRC and applicable Federal Way
Comprehensive Plan policies.
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Applications for future Non-Regional Commercial Recreational Facility uses or
development shall be subject to SEPA, transportation impact fees, and concurrency management
processes consistent with City codes at that time, and shall prepare a traffic study and mitigate all
impacts not mitigated in the SEPA Baseline to the satisfaction of the City's Public Works
Director pursuant to City codes and applicable City Comprehensive Plan policies.
4. Section 11.6 Term of Agreement shall be amended as follows:
11.6 Term of Agreement. This Amended Agreement shall remain in full force and
effect for twenty (20)thirty (30) years from the effective date of this Amended Agreement unless
terminated prior to that date by the mutual agreement of the parties or by the City pursuant to
Section 13 of this Amended Agreement.
5. Exhibit C to the Concomitant Development Agreement shall be amended as set
forth in Attachment B hereto.
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Dated as of the date first written above.
EPI REALTY HOLDINGS, INC.,
a Washington corporation
By__________________________
Name _________________
Title __________________
STATE OF WASHINGTON )
) ss.
COUNTY OF ____________)
On this day personally appeared before me ______________________, to me known to be the
_______________________ of EPI Realty Holdings, Inc. that executed the within and foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on oath stated that he or she was
authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said
corporation.
GIVEN under my hand and official seal this ______ day of ____________________, 20__.
Notary’s signature ______________________________
Notary’s printed name______________________________
Notary Public in and for the State of
Washington.
My commission expires_________________
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CITY OF FEDERAL WAY,
a Washington municipal corporation
By _________________________
Name__________________
Title ___________________
STATE OF WASHINGTON )
) ss.
COUNTY OF ____________)
On this day personally appeared before me ______________________, to me known to be the
_______________________ of City of Federal Way that executed the within and foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on oath stated that he or she was
authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said
corporation.
GIVEN under my hand and official seal this ______ day of ____________________, 20__.
Notary’s signature ______________________________
Notary’s printed name______________________________
Notary Public in and for the State of
Washington.
My commission expires_________________
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ATTACHMENT A
[Legal Description of Enchanted Parks Property]
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ATTACHMENT B
Exhibit C
Office Park Zone (OP-4) Development Regulations
1. PURPOSE AND OBJECTIVES
These Office Park Zone (OP-4) development regulations are established to govern the
operation and development of a Regional Commercial Recreation Facility and other permitted
uses as defined herein, and as described in any Concomitant Development Agreement pursuant
to Federal Way City Code (FWCC) 19-104 for property zoned OP-4.
2. APPLICABILITY
A. The provisions of this Section will apply to all lands zoned OP-4, which shall be
subject to its own unique standards and review processes as set forth herein and in any
Concomitant Development Agreement pursuant to Federal Way City Code (FWCC) 19-104
for property zoned OP-4. If the provisions relating specifically to the OP-4 Zone conflict with
other provisions of City codes or any Concomitant Development Agreement, these OP-4
Zone provisions shall prevail. After the effective date of a Concomitant Development
Agreement, any change in FWCC referenced in any Concomitant Development Agreement
shalt not be deemed to modify this Zone except as otherwise provided in the Concomitant
Development Agreement.
B. Reference herein to the "FWCC" shall refer to Chapters 18, 20, 21 and 22 of the
Federal Way City Code. Reference herein to the "Director" shall refer to the City's Director of
the Department of Community Services or designee.
3. USES PERMITTED
A. In addition to the uses allowed in the Office Park Zone of the FWCCFWRC, the
following principal uses are permitted outright:
l. Regional Commercial Recreational Facility as defined herein;
2. Hotel, on a parcel not to exceed five (5) acres and as regulated by Sec. 22-757
FWCC, except as otherwise subject to the height limitations and other standards set
forth in these Concomitant Development Agreement and these Development
Regulations, and subject to project-level environmental review under SEPA, Title
14 FWRC;
3. Restaurants as regulated by Sec. 22-753 FWCC, except as otherwise set forth in
these Development Regulations;
4. Retail establishments that provide entertainment, recreational and cultural
services, or activities; and Retail Sales, general and specialty not to exceed an amount of
square feet of gross floor area on land described in a Concomitant Development
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Agreement pursuant to Federal Way City Code (FWCC) 19-104;
5. Caretaker residence.;
6. Warehousing and distributing, subject to project-level environmental review
under SEPA, Title 14 FWRC.
B. Regional Commercial Recreational Facility shall mean a use operated for profit,
with private facilities, equipment and/or services, both indoor and outdoor for entertainment
and recreational purposes, including large- and small-scale amusement rides, roller coasters,
aquatic park facilities, swimming pools, accessory video and movie facilities, petting zoos,
and other similar uses. Such a use shall be of a scale or offer unique recreational opportunities
so as to provide recreational services of a regional nature. The use of such area may be
limited to private membership or may be open to the public upon payment of a fee.
C. Accessory Uses. The following accessory uses shall be reviewed using that process
associated with the permitted use to which it is attached:
l. Warehousing and distributing, secondary to permitted primary uses provided
such use does not exceed twenty-five percent (25%) of the permitted use;
21. Outdoor storage; and
32. Any other use determined by the Director to be compatible with the above
accessory or permitted uses pursuant to Section 22 946 of the FWCC.
D. Temporary Uses. The following temporary uses may be conducted in this Zone and
are exempt from the requirement of Article X, Chapter 22 of the FWCC:
Temporary use in this Zone shall include seasonal retail sale of agricultural products
such as vegetables, fruit, or flower stands; community festivals; outdoor sales of
recreational vehicles; boat shows; or other parking lot sales, provided each temporary use
exists for no more than seventy-five (75) days in every three hundred (300) days.
4. GENERAL DEVELOPMENT STANDARDS
AND REVIEW PROCEDURES
A. Except for Regional Commercial Recreational Facilities, the development
standards and review procedures for all uses, except as otherwise set forth in a
Concomitant Development Agreement pursuant to Federal Way City Code (FWCC) 19-
104, shall conform with those identified by the corresponding use in the FWCC Office
Park Zone as appropriate. In the event a non Regional Commercial Recreational Facility
use permitted in the OP-4 zone is not permitted in the FWCC Office Park Zone, then those
development standards and review procedures identified for the specific use in the first
zone where the use is allowed, shall apply, except as otherwise set forth in this Agreement;
provided, however, that Process II, Article V, Chapter 22, of the FWCC shall be applied to
all such uses. For Regional Recreational Facilities within the developed area as shown on
EXHIBIT J, Chapter 22, of the FWCC. Article IV.A, Process I - Director's Approval, shall
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be utilized for all such proposed uses. For all other Regional Recreational Facilities,
Process II, Article V, Chapter 22 of the FWCC shall govern.
B. The height restriction for property zoned OP-4 shall be thirty-five (35) feet unless
otherwise established by a Concomitant Development Agreement pursuant to Federal Way
City Code (FWCC) 19-104 between the City of Federal Way and the Property Owner.
C. Any proposed new development, requiring a development permit, approval of a
plan and a landscaping plan, shall submit such plans in compliance with the requirement
of the FWCC, except as otherwise set forth in a Concomitant Development Agreement
pursuant to Federal Way City Code (FWCC) 19-104;
l. The required site plan for any Regional Commercial Recreational Facility use
shall be limited to the area which would be disturbed by any proposed structure or
proposed impervious surface.
2. The boundaries of any required landscape plan for a Regional Commercial
Recreational Facility use shall be coterminous with the disturbed area.
5. ENVIRONMENTALLY SENSITIVE AREAS
A. Any portion of property zoned OP-4 which is classified as environmentally
sensitive pursuant to Chapter 22, Article XIV (environmentally sensitive areas) of the
Federal Way City Code, and on which new development is proposed shall comply with the
requirements therein, except as provided in subsection B below.
B. The provisions of Chapter 22, Article XIV (environmentally sensitive areas) shall not
apply: to new development within artificially-created lakes, wetlands, streams, or surface
water retention ponds, or their required setbacks or buffers, except that the provisions of
Chapter 22, Article XIV shall apply to any development proposed in lakes, wetlands, or
streams (or their required setbacks or buffers) created as mitigation for impacts to wetlands ,
lakes or streams .
6. SIGNS
Notwithstanding any requirements in FWCC Section 22-335 or FWCC Section 22-
1601, a Regional Commercial Recreational Facility may have no more than one regional ,
high profile, freestanding sign as defined in this Section of the OP-4 Zone. Such a sign
shall be in lieu of, not in addition to, one of the two high profile signs that might otherwise
be allowed under FWCC Section 22-1601 A regional, high profile, freestanding sign shall
be allowed only in connection with Regional Commercial Recreational Facility use, and
shall be removed at such time when more than fifty percent (50%) of the square footage of
the area devoted to such existing uses as shown on EXHIBIT Bare converted to uses other
than Regional Commercial Recreational Facility uses. Upon removal of a regional, high-
profile, freestanding sign, FWCC Section 22-1601 shall regulate high profile signs on the
OP-4 Zoned property.
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A regional, high profile, freestanding sign must be located near to a regional
transportation system (such as an interstate highway), must be located at least three hundred
(300) feet from any area zoned residential along SR 161 and S. 369th Street, and may be up
to seventy-five (75) feet high and up to thirteen hundred (1,300) square feet in area.