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AG 91-064 RECEIVED 199i Re: K County Superior Court I igi ...AL APR 2 6 Cause 90-2-05209-5 RIB or Recoil at : 113s iv / 4 / a' 4-.1674 NAME A.../ Air ONCOMITANT ZONING AGREEMENT„: ADDRESS ,44 -- - 77 CIT Adiet "4 ( Aar " 7 i--; *'1-4,21. 00 THIS AGREEMENT is entered into by and between Quadrant Corporation, a Washington corporation (the "Owner") , and the City of Federal Way, Washington, a non-charter optional municipal code city incorporated under the laws of the state of Washington (the "City") . WHEREAS, the City has authority to enact laws and enter into ..zt• agreements to promote the public health, safety and welfare of Cr) its citizens, including laws and agreements which control the use C■J and development of the property within its jurisdiction, and Cr) WHEREAS, the Owner has an interest in certain property CT) within the jurisdiction of the City described in Exhibit A, a copy of which is attached hereto and hereby incorporated in full by this reference, and WHEREAS, the City and the Owner have agreed that the City shall initiate a rezone for a change of classification of the property to BC (Community Business) subject to the specific -limItations set forth in this Agreement, and -WHEREAS, the Owner recognizes and acknowledges the need for onforitance with the Comprehensive Plan and other applicable 443 11#n*""and regulations of the City relating to the use and trg ft% --devefopment of the property, and WHEREAS, the Owner has indicated its willingness to cooperate with the City and its Department of Community Development to ensure compliance with all City ordinances and all other local, state and federal laws related to the use and development of the property, JDW00924A/0072.050.003 .11: NOW, THEREFORE, in the event the property is classified by the City in accordance with the zoning classification contained in the Federal Way Zoning Code of BC (Community Business) with limitations as set forth in this Agreement and in consideration if such classification should be placed upon the property, the Owner does hereby covenant and agree as follows: 1. The Owner on behalf of itself, its successors in interest and assigns, hereby covenants to comply with all of the Oterms and conditions of this Agreement in the event the City Ngrants a rezoning classification to the property of BC (Community M 0 Business) with limitations as set forth in this Agreement. If Q7 such a classification is not granted by the City, then this Agreement shall be of no force and effect. 2. The Owner hereby agrees to be bound and to comply with the following conditions: A. All development of the property, except with respect to the use and area of use provisions as set forth in Section 2B below, and the rear facade modulation provisions set forth in Section 2C below, shall in all respects comply with the provisions and limitations of the Federal Way Zoning Code, Chapter 45, Community Business District Regulations, as the same now exists or may hereafter be amended, and specifically including all provisions and limitations relating to height, setback, lot coverage and other developmental regulations except to the extent as provided in Section 2B and 2C below. B. Allowable uses on the property shall be limited to those set forth in Chapter 40, Neighborhood Business District JDW00924A/0072.050.003 -2- Regulations, of the Federal Way Zoning Code, as the same now exists or may hereafter be amended, including provisions regulating maximum square footage limitations on such uses, with the exceptions that (i) Owner shall be permitted to develop on the property one grocery store of a size not to exceed 45,000 square feet gross leasable area, and (ii) Owner shall be permitted to develop on the property one drug store of a size not to exceed 22,000 square Cr) Cn feet of gross leasable area, and CC) (iii) no vehicle service station use shall be CI") C? permitted on the property. O C. Facade modulation requirements for the rear facade of any proposed commercial development upon the property shall be governed by the facade modulation requirements of Chapter 55, Professional Office District Regulations, of the Federal Way Zoning Code, as the same now exists or may hereafter be amended, as set forth on page 55-2, note 4 (Office Uses) . D. Sections 105.40 and 105.50 of the Federal Way Zoning Code, as the same now exists or may hereafter be amended, calls for parking areas to be located as far as possible from adjacent low density zoned property. Because of the topography of the property and the visibility of the property and those sites adjacent to it, the staff may consider site designs that show parking on the property to be located generally in the western portion of the property, oriented towards S. W. Campus Drive. JDW00924A/0072.050.003 -3- E. Chapter 90 of the Federal Way Zoning Code, as the same now exists or may hereafter be amended, may require a 50 foot wide landscaped strip to be provided as a buffer on the property along the portion of its frontage on S. W. Campus Drive that is adjacent to low density zoned property. Section 90.25.9 of the Federal Way Zoning Code permits modification of such requirements in certain circumstances. The existin topography of the adjoining property may,decrease the need for buffering. 'id' In the event that the Owner of the adjoining property agrees to a Cr) modification of the buffering requirement for this property, CD CV staff may consider alteration to buffering requirements for the O C37 property. F. Owner agrees to grant to the City a recreational easement, in form and content as shall be approved by the City Attorney, over a portion of the property (the "Easement) . The Easement shall include an area of approximately two acres, the boundaries of which shall be determined mutually by Owner and the City, located generally in the northwest portion of the property in the area indicated on the map attached as Exhibit B. The Easement shall be developed and maintained by the City at the City's sole cost, subject to the conditions that (i) The City's development plan for the Easement shall be in accordance with the Master Plan for the Panther Lake Park and Recreation Area which plan is being developed by the City. (ii) While no parking spaces shall be required for the use of the Easement, the Owner shall make no fewer than 20 JDW00924A/0072.050.003 -4- parking stalls available for joint use by users of the Easement and of Owner's property. (iii) The Easement area shall be regarded as open space and/or buffer and/or pervious surface toward the satisfaction of such requirements for development of the property under the Federal Way Zoning Code. Provided, however, to the extent the property is planned to be developed under the Master Plan for the Panther Lake Park and Recreation Area, only the area remaining as pervious surface may be counted for such purposes. Attached hereto, identified as Exhibit B is a drawing Cr) illustrative of improvements that may be placed upon the C.� CZD NEasement. Both parties hereto recognize that this Exhibit is for illustrative purposes and that the improvements may be greater or CY, less than depicted in the Exhibit depending upon what is established in the final Master Plan, adopted by the City, for the Panther Lake Park and Recreation Area. If the property undergoes site plan review prior to the park plan being completed, Exhibit B shall be used to calculate pervious surface area in the Easement. (iv) The City shall be responsible for maintenance of the Easement after construction of the improvements by the City and the City shall indemnify, defend and hold the Owner harmless from any costs or claims for bodily injury or property damage arising out of or in connection with the use or enjoyment of the Easement by the City or any third party. This indemnification shall not require the City to indemnify the Owner from Owner's concurrent and/or sole negligence. JDW00924A/0072.050.003 -5- G. Upon satisfaction of the conditions set forth in Section 2J below, Owner shall pay to the City the sum of $20,000.00 to be used by the City for the purpose of completing the preparation of the Master Plan for the Panther Lake Park and Recreation Area which plan shall benefit Owner's property. In the event this sum is not paid prior to the completion and adoption of the Master Plan for the Panther Lake Park and Recreation Area then the $20,000.00 set forth in this paragraph shall be added to and applied to the purposes set forth in paragraph 2H below. tt Cr) H. Upon satisfaction or the waiver by Owner of the C.n O CO conditions set forth in Section 2J below, and in addition to the N Cr) sums required to be paid as set forth in paragraph 2G above, the CID Owner shall pay to the City the sum of $50,000.00 to be used by the City for the cost of construction of recreational improvements which Owner acknowledges will benefit their property and which may include the acquisition of capital assets for the purpose of maintaining said improvements. The priorities for expenditure of funds payable either under this paragraph or paragraph 2G above, shall be as follows: (i) The money shall be first expended to install the improvements in the Easement area in accordance with the Master Plan for the Panther Lake Park and Recreation Area. (ii) In the event funds remain over and above completion of the improvements in the recreation easement area, then any remaining funds shall be applied to construction of improvements in accordance with the Master Plan for the remainder JDW00924A/0072.050.003 -6- of the Panther Lake Park and Recreation Area outside of the Easement. I. Upon satisfaction of or waiver by the Owner of the conditions set forth in Section 2J below, Owner shall undertake to construct, at Owner's sole expense, a storm water detention area on property identified and 8 ep qt,rd on the map attached ail hereto and identified as Exhibit Said storm water detention and related drainage improvements must in all respects comply with the then existing requirements of the City of Federal Way for such facilities. Weather permitting, and all necessary Cr"INzt permits having been obtained, such work shall commence within 90 CO CAD days of the date of the satisfaction or waiver of the conditions Mset forth in Section 2J below. The Owner shall, at its sole O C7') expense, obtain such permits as are required to perform the work, including submitting such plans to the City for surface water and engineering review. Owner's obligation to conduct such work is expressly conditioned on Owner's ability to obtain such approvals as are necessary or incident to the performance of the work. If such approvals have not been obtained within two years of the date of satisfaction or waiver by Owner of the conditions set forth in Section 2J below, exclusive of any appeal, administrative or judicial, of the City's approval of the necessary permits, then, in that event, Owner shall be excused from providing this additional storm water detention and related drainage improvement area except to the extent that it is necessary for any improvements to be constructed on Owner's property. Owner shall be responsible for ongoing maintenance of JDW00924A/0072.050.003 -7- the drainage improvements. In the event Owner fails to properly maintain the drainage improvements, the City shall have the right, and is hereby granted a license for said purposes, to come upon the premises after notice and failure of Owner to respond, and perform the necessary maintenance. The City shall be entitled to recover all of its costs incurred in connection with performing the necessary maintenance including consultant and legal fees times a multiplier of two. In the event that Owner shall fail to remit the funds thus due to the City within 30 days of receipt of a statement for the same, the City shall have the egizt' right to place a lien upon the property and enforce the same as Cr) provided in state law for the foreclosure of a mortgage lien. CV J. The obligations of the Owner as set forth in Cti") O Sections 2G through 2I above are expressly conditioned on approval by the City of a site plan permitting development of the property. In the event of approval by the City of a site plan permitting development that is acceptable to the Owner, the monies provided for in Sections 2G and H above shall be due and owing and the obligation of Owner under paragraph 2I shall be deemed to exist immediately upon the expiration of all appeal periods relating in any way to the site plan approval or, in the event any such appeal is filed, satisfactory completion of litigation or other resolution of the appeal and entry of a final unappealable order upholding the site plan and development proposal. Acceptance of the site plan by the Owner will be deemed to have occurred unless within ten days of the date of approval of the site plan by the City, the Owner notifies the JDW00924A/0072.050.003 -8- City in writing that the site plan approved is not accepted by the Owner. Notwithstanding the foregoing, in the event that the Owner notifies the City of its nonacceptance of the site plan as approved, the obligations contained in paragraphs 2G, H and I shall continue in full force and effect and shall be conditions precedent to any development permit being issued to Owner or any subsequent developer of the property. In the event the Owner shall reject the site plan as approved, Owner shall have the option to reapply for a new site plan in accordance with then applicable regulations of the City C or Owner may submit an application for reclassification of the CD property in accordance with then existing regulations of the City CD 0 or Owner may apply to amend this Agreement subject to the time Q") limitations contained herein. K. Owner agrees that the property must be developed pursuant to a master site plan which shall fully and completely comply with all of the then existing regulations of the City and the conditions contained in this Agreement. The master plan must show the ultimate development of the entire site (not including the recreation easement) , including all buildings, anticipated uses, parking and circulation areas, other major improvements, buffers and surface water drainage and retention plan. The foregoing list is illustrative only and not exclusive. 3. At any time following one year after the date hereof (or sooner if by mutual agreement of the parties) , this Agreement may be amended by the City or the Owner by filing an application JDW00924A/0072.050.003 -9- therefore, which shall be considered and heard in the same manner as a City-initiated quasi judicial rezone of the property. Such action shall not release the Owner or the City from any obligations assumed under this Agreement, unless and until such amendment has been approved by the City. 4. This Agreement is specifically enforceable by the parties in equity, and either party may instituted and prosecute any proceedings at law or in equity to enforce the provisions of this Agreement. Each party further agrees to pay all of the other party's costs, including reasonable attorneys fees expended by the other party, if it prevails in any such enforcement Cr)iatt proceedings. C.L7 COQ 5. Nothing in this Agreement shall be construed as N M O preventing the City of Federal Way from enforcing its police CT powers. 6. This Agreement shall be binding upon all of the owners of the real property herein described and their heirs, successors in interest and assigns, and this Agreement shall run with the land described herein. 7. At Owner's expense, this Agreement shall be recorded with the King County Department of Records and Elections, and the terms and conditions hereof shall constitute a covenant running with the land. All building, occupancy and use permits hereafter applied for or issued shall be subject to the terms, conditions and limitations of this Agreement and the applicable ordinances and codes of Federal Way. Nothing herein shall be construed as requiring or obligating the City to issue any building, occupancy or conditional use or other permit. JDW00924A/0072.050.003 -10- 8. The Quadrant Corporation, a Washington corporation, and the Owner of the property which is the subject matter of this Concomitant Zoning Agreement hereby covenants and warrants that it has title to the property which is the subject matter of this Agreement and can and does hereby bind itself, the property and subsequent owners thereof to the terms, covenants and conditions contained in this Agreement. 9. The parties each acknowledge, represent and agree that they have read this Agreement and the Exhibits attached; that they fully understand the terms thereof; that they have been fully advised by their legal counsel, accountants and other Cr") advisors with respect thereto; and that they are executed by them CD N upon the advice and recommendation of the independent legal Cr, counsel. DATED this .2 'f' day of July, 1990. OWNER: THE QUADRANT CORPORATION By: Walter P. Costello Senior Vice President CITY OF FEDERAL WAY Br nt McFall City Manager JDW00924A/0072.050.003 -11- ATTEST/AUTHENTICATED: , 2ity Clerk, Maure= M. Swaney STATE OF WASHI TON ) )ss: COUNTY OF / ) I certify that I know or have satisfactory evidence that Walter P. Costello signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Senior Vice President of THE QUADRANT CORPORATION to be the free and voluntary act of such party for the uses and purposes menti• his instrument. osI Y e 0 / /` day of 1990. f. mod' NoT44,`t - Cr) \-478L%0 ? _ FC NOT• 'tr • BLI C _-- � ' My immission expires: 1/� . rI WASH Q) STATE OF WASHINGTON ) ) ss: COUNTY OF /1C/6' ) I certify that I know or have satisfactory evidence that Brent McFall signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the City Manager of THE CITY OF FEDERAL WAY to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED this day of t, , 1990. / .4100' OTARY PUBLIC My commission expires: ///i/92 JDW00924A/0072. 050.003 -12- • 07/24/1990 15:00 9ROM FOSTER PEPPER&SHEFELMAN TO 6237789 P.02/03 A THE LAND REFERRED TO . IS SITUATED IN THE STATE OF WASHINGTON, COUNTY OF KING AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE EAST ONE-HALF OF SECTION 19, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M. , IN KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE-QUARTER OF SAID SECTION 197 THENCE NORTH 87'58 '05" WEST 116Q.05 FEET TO A POINT ON THE NORTHERLY MARGIN OF THE LANDS DESCRIBED IN DEED RECORDED UNDER RECORDING NUMBER 8501170665, RECORDS OF SAID COUNTY, AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 81'45 '00" EAST 1052.64 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 30.00 FEET; THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY 44.67 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 85'18 '25" TO A POINT OF CUSP WITH THE WESTERLY MARGIN OF FIRST WAY SOUTH (FIRST AVENUE SOUTH) AS DESCRIBED IN DEED RECORDED UNDER RECORDING NO. 7306070524, RECORDS OF SAID COUNTY, SAID POINT OF CUSP BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE md' TO THE EAST HAVING A RADIUS OF 850.00 FEET (A RADIAL LINE M THROUGH SAID BEGINNING BEARS NORTH 77.03 '25" WEST) ; p THENCE SOUTHERLY 110. 67 FEET ALONG SAID CURVE AND SAID CLD WESTERLY MARGIN THROUGH A CENTRAL ANGLE OF 07.27 '35" TO A • RADIAL LINE OF SAID CURVE WHICH BEARS NORTH 84.31'00" WEST; CD O THENCE CONTINUING ALONG SAID WESTERLY MARGIN ALONG SAID _ RADIAL LINE SOUTH 84.31'00" EAST 8.00 FEET TO THE BEGINNING O OF A NON-TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 842.00 FEET: THENCE SOUTHERLY AND SOUTHEASTERLY 227.54 FEET ALONG SAID CURVE AND SAID WESTERLY MARGIN THROUGH A CENTRAL ANGLE OF 15'29 '00" ; THENCE CONTINUING SOUTH 10'00'00" EAST 115.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 958.00 FEET; THENCE SOUTHERLY 186.42 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11'08'58"; THENCE CONTINUING SOUTH 01'08 '58" WEST 528.03 FEET TO SAID NORTHERLY MARGIN AND THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHERLY, SOUTHWESTERLY AND WESTERLY 39.26 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89'58'37"; • ' 07/24/1990 15:0" FROM FOSTER PEPPER&SHEFELMAN TO 6237789 P.03/03 • THENCE CONTINUING ALONG SAID NORTHERLY MARGIN NORTH 88•52 '25" WEST 83.03 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 358.00 FEET; THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY 513.92 FEET ALONG SAID CURVE AND SAID NORTHERLY MARGIN THROUGH A CENTRAL ANGLE OF 82.15'00"; THENCE NORTH 6'37'25" WEST 386.46 FEET;.TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 702.00 FEET; THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY 920.47 fi•x;t;1' ALONG SAID CURVE AND SAID NORTHERLY MARGIN THROUGH A CENTRAL ANGLE OF 75'07'35" TO THE TRUE POINT OF BEGINNING; BEING KNOWN AS THAT PORTION OF LOTS 3 , 4 AND 5, BLOCK 5, LAKEWOOD, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 16 OF PLATS, PAGE 35, RECORDS OF KING COUNTY, WASHINGTON, • LYING NORTHEASTERLY OF THE NORTHWESTERLY MARGIN OF S.W. CAMPUS DRIVE; AND THAT PORTION OF BLOCKS 6, 12, 18 AND 24 OF SAID PLAT OF LAKEWOOD AND STREETS BETWEEN SAID BLOCK VACATED BY KING COUNTY ORDINANCE NO. 3465, RECORDED UNDER RECORDING NO. CCD 7711070558 AND AS VACATED BY KING COUNTY ORDINANCE NO. 7692, _ CC APPROVED JULY 18, 1986, LYING NORTHERLY, NORTHEASTERLY AND CCD EASTERLY OF THE WEST MARGIN OF SOUTHWEST CAMPUS DRIVE, AND WESTERLY OF#. THE WEST MARGIN OF 1ST AVENUE S.W. Cr,O SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. C37 • TOTAL P.03 • ' •,. , . .. , ,,,. ,.. .. • :, . . . . • , to Il , P, v ., . . . . , . ',.:',..,;.':-::?,-,' :,;''..',';1'i'',; tit-',4-.::.:".r. .-,-41:-;, ..,",..i;e4v..-,:t"-'''', P4.-..,,V7,yeR , - • ' ..•:-'.•••-,. .4:.'..;-.:i.:, -8--.;..*: „c"-Ii.'1,1,14.- ;-; '...-.,:,•:.-.. .,::"':.-,..'.!,. - L4A-4-- - : '- ,'• / .` - ,/i' a'TZP,rft574;Vo,...re# I' / ...- ' / s' ■ ( / 7.,.., - ... ','t-::-.,.•; :•":'-'-'f,-;-",,:,:tt...,1'!.4,;.:.'-- •:-: , -•• :.,',.", •,, 1 r , '4) '( ‘. 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WHEREAS, the City has applied for a non-project rezone of the property located at the northwest corner of Southwest 348th Street and 1st Avenue South within the city limits of Federal Way, and legally described in Exhibit A attached hereto; and WHEREAS, prior to incorporation of the City of Federal Way, the site had been zoned by King County as Commercial (B-C-P District) ; and WHEREAS, the Single-Family Residential Zone (RS 9 . 6) was placed on the site in September of 1989 as an interim zone throughout the entire Federal Way community pending incorporation of the City of Federal Way; and WHEREAS, RS 9 . 6 Zone imposed by the King County Council was continued for this site by the Federal Way City Council following adoption of the City's Zoning Map and incorporation of the City on February 27, 1990; and WHEREAS, a lawsuit was commenced in King County Superior Court, Cause #90-2-05209-5, captioned Western Securities (WA) et al v. City of Federal Way, which action includes claims, counterclaims, cross-claims and controversies arising out of the zoning action taken by the City on the property described in COPy Exhibit A, the subject of this non-project rezone; and WHEREAS, on July 24, 1990, the City of Federal Way, Quadrant Corporation and Western Securities, Ltd. , entered into a Settlement Agreement and Concomitant Zoning Agreement for this site which is intended to settle all claims, counterclaims, cross-claims and controversies asserted in Cause #90-2-05209-5; and WHEREAS, pursuant to the Settlement Agreement, the City agreed to initiate the non-project rezone process based upon adopted environmental and procedural requirements of the City; and 7/r/s/ AIZLI-1-47 ee -2- Section 1. The City Council makes the following Findings of Specific Criteria pursuant to Federal Way Zoning Code 130.45 and 155.75.4: 1. The non-project rezone is in the best interests of the residents of the City. The proposed rezone would permit development of the site consistent with the current Business Land Use Classification of the City's Comprehensive Plan. Pursuant to a Settlement Agreement entered into between the City of Federal Way, Quadrant Corporation, and Western Securities, Ltd. , the owners have agreed to upgrade existing surface water deficiencies in the vicinity of the site, and to contribute to the development of public parklands for Panther Lake Park and Recreation area. This rezone allows the site to be subject to specific conditions and limitations set forth in the Concomitant Zoning Agreement attached as an Exhibit to the Settlement Agreement, and attached to this ordinance as Exhibit B. The Concomitant Zoning Agreement limits allowable uses on the property to those uses permitted in the BN -3- (Neighborhood Business) District and establishes specific development standards and concomitants for: maximum building size; facade modulation; location of parking; buffers; open space; park development fees; and surface water improvements. 2 . The proposed rezone is appropriate because the rezone will correct its own classification or its own boundary that was inappropriate when established. The present RS 9. 6 Zone was originally placed on the site in September, 1989, by the King County Council, as an interim zone throughout the entire Federal Way community pending incorporation of the City of Federal Way. Prior to that time, the site had been zoned by King County as Commercial (B-C-P) District. The RS 9. 6 Zone imposed by the King County Council was continued by the Federal Way City Council following adoption of the City's Zoning Map and incorporation of the City on February 27, 1990. On July 24, 1990, the City of Federal Way, Quadrant Corporation, and Western Securities, Ltd. , entered into a -4- Settlement Agreement and Concomitant Zoning Agreement for this site. Pursuant to the Settlement Agreement, the City agreed to initiate the rezone process based upon adopted environmental and procedural requirements of the City. 3 . The non-project rezone is consistent with the. Comprehensive Plan. The site is currently designated as a Business Land Use Classification by the Comprehensive Plan. Business Classification is intended to provide centralized areas for retail, service, and professional office uses that are convenient to residential areas and the transportation network. These areas are the focus for community activities and the public facilities within neighborhoods and within the community as a whole (page 21, Federal Way Comprehensive Plan (FWCP) ) . Both the BC (Community Business) and BN (Neighborhood Business) Districts are allowable zoning classifications under the Business Land Use Classifications (page 23, FWCP) . -5- 4 . The non-protect rezone is consistent with all applicable provisions of the Zoning Code, including those adopted by reference from the Comprehensive Plan. Future development of the site will be required to comply with provisions of the Zoning Code and other codes adopted by reference from the Comprehensive Plan. In addition, any future development of the site will be subject to terms of the Settlement Agreement and Concomitant Zoning Agreement between the City of Federal Way, Quadrant Corporation, and Western Securities, Ltd. 5. The non-proiect rezone is consistent with the public health, safety and welfare. The proposed rezone is consistent with the City of Federal Way Comprehensive Plan, terms of the Settlement Agreement and Concomitant Zoning Agreement and establishes procedures, conditions and commitments for the City and the owners for the proposed rezone in the event the property is rezoned and developed. In part, this Agreement was established for the protection of the public health, safety and welfare. -6- Section 2 . The City Council of the City of Federal Way further makes the following Findings of Fact: 1. The site is designated as a Business Land Use Classification by the City of Federal Way Comprehensive Plan. 2 . The non-project rezone action was processed in accordance with the Settlement Agreement between the City of Federal Way, Quadrant Corporation and Western Securities, Ltd. This Agreement established procedures, conditions and commitments on the City and the owners for this proposed rezone and ultimate development. 3 . Approval of the rezone commits future development of this site to be subject to specific conditions and limitations set forth in the Concomitant Zoning Agreement prepared as an Exhibit to the Settlement Agreement, incorporated herein as Exhibit B. The Concomitant Zoning Agreement limits allowable uses on the property to those uses permitted in the BN (Neighborhood Business) District and establishes specific development standards and commitments for: maximum building size; facade modulation; location of parking; buffers; open space; park development -7- fees; and surface water improvements. 4. The BC Zone, limited to uses allowed in the BN District, pursuant to the Settlement Agreement and Concomitant Zoning Agreement, is consistent with locational criteria of the Business Classification of the Comprehensive Plan. 5. Access, utility and surface water facilities are available to the site. With on-site and off-site improvements, this infrastructure is capable of serving future commercial developments on the site. 6. Future development of the site will require specific project action and environmental review prior to the issuance of construction permits. 7. The rezone, implementing the Business land Use Classification of the Comprehensive Plan and provisions of the Settlement Agreement, is consistent with the public health, safety and welfare. 8. The rezone is consistent with decisional criteria required under Sections 130.45 and 155.75.4 of the Federal Way Zoning Code and as found in Section 1 -8- above. Section 3 . The property legally described in Exhibit A attached hereto located at the northwest corner of Southwest 348th Street and 1st Avenue South within the City of Federal Way is rezoned from Single-Family Residential (RS 9.6) to Community Business Zone (BC) , conditioned upon any future development providing: 1. On-site mitigations sufficient to mitigate all impacts of the development, and 2 . Off-site drainage mitigation measures at the maximum level anticipated within the terms of the Concomitant Agreement, and 3 . All other development conditions, and/or obligations, and/or terms as contained in the Concomitant Agreement between Western Securities, Ltd. , Quadrant Corporation, and the City of Federal Way dated July 24, 1990, attached hereto as Exhibit B. Section 4. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such -9- invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 5. Effective Date. This ordinance shall be effective five (5) days after passage and publication of an approved summary consisting of the title hereto. PASSED by the City Council of the City of Federal Way this 4th day of June , 1991. CITY OF FEDERAL WAY OV_Ael MAYOR, DEBRA ERTE ATTEST: i �► '. ,A i . 4...-e PITY CLE'., SURE N M. SWAN . , CMC APPROV f TO 441. 44A .. d. dbilob..<I 1111 71 0 EY, S. 1 � , '-ISCOLL FILED WITH THE CITY CLERK: May 30, 1991 PASSED BY THE CITY COUNCIL: June 4, 1991 PUBLISHED: June 7, 1991 EFFECTIVE DATE: June 12, 1991 ORDINANCE NO. 91-99 91L590 -10-