ORD 23-978 - Amending Wild Waves ConcomitantORDINANCE NO.23-978
AN ORDINANCE of the City of Federal Way, Washington, relating
to amending the Enchanted Parks, Inc. Concomitant Development
Agreement (Amending Ordinance Nos. 98-310 and 17-840).
WHEREAS, on March 3, 1998, Ordinance 98-310 adopted a Concomitant and
Development Agreement ("Agreement") between the City of Federal Way ("City") and
Enchanted Parks, Inc. ("Enchanted Park"), which specified the development parameters,
mitigation and other special requirements for property located at 36201 Enchanted Pkwy S,
Federal Way (the "Park"); and
WHEREAS, on June 30, 2000, a first amendment to the Agreement was approved by the
City and Enchanted Park; and
WHEREAS, on January 17, 2002, a second amendment to the Agreement was approved
by the City and Enchanted Park; and
WHEREAS, on December 5, 2017, a third amendment to the Agreement was approved
by the City and Enchanted Park; and
WHEREAS, the current twenty (20) year term of the Agreement expires on December
13, 2037; and
WHEREAS, on September 19, 2022, EPI Realty Holdings, Inc., the current owner of the
Park, submitted to the City an application to amend and extend the Agreement; and
WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly
issued for the proposal on October 6, 2023, and five (5) comments and no appeals were received,
and accordingly the DNS was finalized on November 10, 2023; and
Ordinance No. 23-978 Page 1 of 17
WHEREAS, Federal Way Revised Code 19.85.200 states the City will process and
decide upon an application for an amendment to a development agreement as if it were an
application for a new development agreement; and
WHEREAS, Federal Way Revised Code 19.85.185 states the City Council shall consider
the application for approval of the development agreement in a public hearing; and
WHEREAS, a properly noticed public hearing was held on November 21, 2023 by City
Council, for the purpose of obtaining input from interested parties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings and Conclusions. The City Council of the City of Federal Way makes
the following findings and conclusions with respect to the proposed amendment to the
Agreement as attached in Exhibit A:
(a) The amendment does not expand the size of the park or allow any new land uses.
Hotel and warehousing and distributing uses are allowed land uses, and proposed agreement
amendments would allow them to occupy the entirety of the site and operate year-round, which
could be more impactful to surrounding land uses and neighborhoods as the current theme park
use is only operated seasonally. Additional review will be conducted with project applications
and impacts will be sought to be mitigated.
(b) The proposed amendment to the Agreement involving continuation of the theme
park use is not anticipated to have additional impacts on community facilities. If the theme park
use were to cease it would have an impact on commercial recreational opportunities in the
community. Changing the use of the site to other allowed use(s), such as hotel and/or
Ordinance No. 23-978 Page 2 of 17
warehousing and distributing could have impacts on community facilities and roadways. Impacts
of project specific development would be evaluated at the time when and if a project is proposed.
(c) The theme park provides a benefit with recreation/entertainment opportunities and
provides jobs in the community. The theme park also serves as a regional destination bringing
tourists to the City. Other allowed uses, if increased in presence and scope on the site, could
provide lodging and employment opportunities.
(d) The proposed amendments are consistent with the Economic Development
Chapter of the Comprehensive Plan, including the goals listed below.
EDG2 Help attract, expand, and retain businesses, jobs, and investments that provide
employment and enhance income opportunities for Federal Way residents.
EDG9 Encourage and support the development of recreational and cultural facilities
and/or events that will bring additional visitors to Federal Way, and increase visitor
spending.
(e) The proposed amendments to the Agreement have followed the proper procedure
required under the FWRC.
Section 2. The Amended Concomitant Development Agreement between the City of
Federal Way and EPI Realty Holdings, Inc. is approved as attached hereto as Exhibit A, and
incorporated by this reference.
Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance, or its application to any person or situation, be declared unconstitutional
or invalid for any reason, such decision shall not affect the validity of the remaining portions of
this ordinance or its application to any other person or situation. The City Council of the City of
Federal Way hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or
Ordinance No. 23-978 Page 3 of 17
more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 5. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall be effective five (5) days after passage
and publication as provided by law.
PASSED by the City Council of the City of Federal Way this 5th day of December, 2023.
[signatures to follow]
Ordinance No. 23-978 Page 4 of 17
CITY OF FEDERAL WAY:
FE ELL, MAYOR
ATTEST:
S H NIE COURTNEY, CMC, I Y CLERK
APPROVED AS TO FORM:
3P, _a_.IQ
J. RYAN CALL, CITY
ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
11/15/2023
12/05/2023
12/08/2023
12/ 13/2023
23-978
Ordinance No. 23-978 Page 5 of 17
CONFORMED COPY
20240116000460
AMENDMENT Rec: $315.50
1/16/2024 12:24 PM
FOURTH KING COUNTY, WA
TO CONCOMITANT DE
Encha......
_ THIS FOURTH AMENDMENT is made and entered into this I Zak day of
`i C4r1W%r� 2�i , 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
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:
2023 Amendment to Concomitant Agreement
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Ordinance No. 23-978 page 6 of 17
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.
Anplications for future Non -Regional Commercial Recreational Facility uses or
development shall be subject to SEPA transportation impact fees and concurrency mans ement
processes consistent with Q ity codes at that time and shall vrepare a traffic study and miti ate al
iml2acts not mitigated in the SEPA Baseline to the satisfaction of the City's Public Works
Director pursuant to City codes and a licable City Comprehensive Plan policies.
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.
2023 Amendment to Concomitant Agreement
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Ordinance No. 23-978
page 7 of 17
Applications for future pion -Regional Commercial Recreational Facilitymes or
development shall be subject to SEPA, transportation impact fees. and concurrence 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 PA,eiit�q249;thirt 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.
2023 Amendment to Concomitant Agreement
ND: 15361.018 4881-7477-5946v2
Ordinance No. 23-978
page 8 of 17
Dated as of the date first written above.
EPI REALTY HOLDINGS, INC.,
a Washington c oration
By
ame
Title fA+silL4
STATE OF WASHINGTON )
I�/,� ) ss.
COUNTY OF MA 04-- )
On thi-S, day personally appeared before me M , to me known to be the
`C QA,,� of EPI Realty Holdings. In _. 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 10 day of -7CAV)UCLV-Lt, 2024,
Notary's signatureIca
Notary's printed name
�,��;+i�����►i� Notary Public in and for the State of
LF�+1'1 Washington.
_- ''` ►�p;''f, ��, My commission expires
Z�
O
i'°uo'- �10 s Ur
`
2023 Amendment to Concomitant Agreement
ND: 15361.018 4881-7477-5946v2
Ordinance No. 23-978
page 9 of 17
CITY OF FEDERAL WAY,
a Washi E
'oration
By
Nam
Title Pu VZ,
STATE OF WASHINGTON )
ss.
COUNTY OF
On this day personally appeared before me JM t f ml) to me known to be the
of C—ity 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 � Q,AO 2(iq.
Notary's signature Q&D && IT)
Notary's printed name ?,4yKe(,,e M �4?ht:
Notary Public in and for the State of
Washington.
My commission expires
2023 Amendment to Concomitant Agreement
ND: 15361.018 4881-7477-5946v2
Ordinance No. 23-978
Pemels Alrw ;loves
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page 10 of 17
ATTACHMENT A
LEGAL DESCRIPTION
(PER CHICAGO TITLE INSURANCE COMPANY SUBDIVISION GUARANTEE ORDER NO.
221543-SC DATED APRIL 19, 2022)
PARCEL A:
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 28, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING
COUNTY, WASHINGTON, LYING SOUTHWESTERLY OF SECONDARY STATE HIGHWAY
NO. 5-D AS CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER
RECORDING NUMBER 3010021 AND SOUTHEASTERLY OF PRIMARY STATE HIGHWAY
NO. 1, AS CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER
RECORDING NUMBER 5013794;
TOGETHER WITH THAT PORTION OF MILTON ROAD SOUTH ADJOINING OF ABUTTING
THEREON VACATED BY CITY OF FEDERAL WAY ORDINANCE NUMBER 02-413 WHICH
UPON VACATION, ATTACHED TO SAID PREMISES BY OPERATION OF LAW.
PARCEL B:
THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 4 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON;
EXCEPT THE WEST 20 FEET OF THE SOUTH 20 FEET THEREOF.
PARCEL C
THE NORTH 165 FEET OF THE FOLLOWING DESCRIBED PARCEL AS MEASURED ALONG
THE EAST LINE THEREOF:
THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 4 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LYING EASTERLY OF
PRIMARY STATE HIGHWAY NO. 1 AS CONVEYED TO THE STATE OF WASHINGTON BY
DEEDS RECORDED UNDER RECORDING NUMBERS 4980029 AND 4980049;
TOGETHER WITH THAT PORTION OF MILTON ROAD SOUTH ADJOINING OF ABUTTING
THEREON VACATED BY CITY OF FEDERAL WAY ORDINANCE NUMBER 02-413 WHICH
UPON VACATION, ATTACHED TO SAID PREMISES BY OPERATION OF LAW.
PARCEL D:
THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 4 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LYING EASTERLY OF
PRIMARY STATE HIGHWAY NO. 1, AS CONVEYED TO THE STATE OF WASHINGTON BY
DEEDS RECORDED UNDER RECORDING NUMBERS 4980029 AND 4980049;
2023 Amendment to Concomitant Agreement
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Ordinance No. 23-978
page 11 of 17
EXCEPT THE NORTH 165 FEET AS MEASURED ALONG THE EAST LINE THEREOF;
TOGETHER WITH THAT PORTION OF MILTON ROAD SOUTH ADJOINING OF ABUTTING
THEREON VACATED BY CITY OF FEDERAL WAY ORDINANCE NUMBER 02-413 WHICH
UPON VACATION, ATTACHED TO SAID PREMISES BY OPERATION OF LAW.
PARCEL E:
THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 4 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON;
EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY
STATE HIGHWAY NO. 1 BY DEED RECORDED UNDER RECORDING NUMBER 4971028;
TOGETHER WITH THAT PORTION OF MILTON ROAD SOUTH ADJOINING OR ABUTTING
THEREON VACATED BY CITY OF FEDERAL WAY ORDINANCE NUMBER 02-413 WHICH
UPON VACATION, ATTACHED TO SAID PREMISES BY OPERATION OF LAW.
PARCEL F:
THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 4 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON;
EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR
PRIMARY STATE HIGHWAY NO. 1 BY DEED RECORDED UNDER RECORDING NUMBER
4968245; AND
EXCEPT THE WEST 30 FEET OF THE REMAINDER, CONVEYED TO KING COUNTY FOR
16TH AVENUE SOUTH BY DEED RECORDED UNDER RECORDING NUMBER 7612140582;
EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF FEDERAL WAY
RECORDED UNDER RECORDING NUMBER 20030411000951;
TOGETHER WITH THAT PORTION OF MILTON ROAD SOUTH ADJOINING OF ABUTTING
THEREON VACATED BY CITY OF FEDERAL WAY ORDINANCE NUMBER 02-413 WHICH
UPON VACATION, ATTACHED TO SAID PREMISES BY OPERATION OF LAW.
PARCEL G:
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 4 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON;
EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR 16TH
AVENUE SOUTH BY DEED RECORDED UNDER RECORDING NUMBER 2748343;
TOGETHER WITH THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 4 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON.
2023 Amendment to Concomitant Agreement
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Ordinance No. 23-978 page 12 of 17
PARCEL H:
THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 4 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON;
TOGETHER WITH THE WEST 20 FEET OF THE SOUTH 20 FEET OF THE NORTH HALF OF
THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE
MERIDIAN, IN KING COUNTY, WASHINGTON.
PARCEL I:
PARCEL V, REGENCY WOODS DIVISION 1, ACCORDING TO THE PLAT THEREOF,
RECORDED IN VOLUME 154 OF PLATS, PAGE 81 THROUGH 97, INCLUSIVE, IN KING
COUNTY, WASHINGTON;
ALSO KNOWN AS PARCEL V AND TRACTS B AND C OF ENCHANTED WOODS, A
PLANNED UNIT DEVELOPMENT, AS RECORDED IN VOLUME 6 OF PLANNED UNIT
DEVELOPMENT, PAGES 41 THROUGH 53, INCLUSIVE, AND DECEMBER 30, 1993 UNDER
RECORDING NO.9312301736, IN KING COUNTY, WASHINGTON.
PARCEL J:
PARCEL Z, REGENCY WOODS DIVISION 1, ACCORDING TO THE PLAT THEREOF,
RECORDED IN VOLUME 154 OF PLATS, PAGES 81 THROUGH 97, INCLUSIVE, IN KING
COUNTY, WASHINGTON.
PARCEL K:
TRACT C, ENCHANTED ESTATES, ACCORDING TO THE PLAT THEREOF, RECORDED IN
VOLUME 116 OF PLATS, PAGES 18 AND 19, IN KING COUNTY, WASHINGTON.
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Ordinance No. 23-978 page 13 of 17
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. Afterthe effective date ofa 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 ofthe €WCCFWRC, the
following principal uses are permitted outright:
1. Regional Commercial Recreational Facility as defined herein;
2. Hotel, e el of to exceed five (5) aeFes and s regulated by See 22 '757
uu regulated a u See. ..r. r r r
subject to the height limitations and other standards set
forth in these Concomitant Development Agreement and these Development
Regulations and subject toproject-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, oractivities; 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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Ordinance No. 23-978
page 14 of 17
Agreement pursuant to Federal Way City Code (FWCC) 19-104;
5. Caretaker residence...1
6. Warehousing and distributing, subject toproject-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:
a
) of the pepmkted use;
-1. 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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Ordinance No. 23-978
page 15 of 17
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
ofthe FWCC, except as otherwise set forth in a Concomitant Development Agreement
pursuant to Federal Way City Code (FWCC) 19-104;
1. 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 regional, high -
profile, freestanding sign, FWCC Section 22-1601 shall regulate high profile signs on the
OP-4 Zoned property.
2023 Amendment to Concomitant Agreement
ND: 15361.018 4881-7477-5946v2
Ordinance No. 23-978
page 16 of 17
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.
2023 Amendment to Concomitant Agreement
ND: 15361.018 4881-7477-5946v2
Ordinance No. 23-978
page 17 of 17