Council PKT 03-03-1998 Special/Regular
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City of Federal Way
City Council Meeting
AGENDA
COUNCILMEMBERS
Ron Gintz, Mayor
Jeanne Burbidge Linda Kachmar
Jack Dovey. Michael Park
Mary Gates Phil Watkins
CITY MANAGER
Kenneth E. Nyberg
Office of the City Clerk
March 3, 1998
I
I.
II.
III.
I.
II.
III.
a.
b.
IV. **
V.
a.
b.
c.
..-,¡
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AGENDA
FEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
March 3, 1998
*****
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'W"" .
- ;~1 ,.~.'tf\ n.m.
CALL MEETING TO ORDER
FINANCEÆCONOMIC DEVELOPMENT /REGIONAL AFFAIRS
COMMITTEE & COUNCIL OF WHOLE
Bud2"et Policy Review
ADJOURNMENT
Rp.ø'l1lar .. ..
- 7~OO D.m.
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
PRESENT A TIONS
SPIRIT A ward/Month of March
Civil Service Commission Introductions/Certificates
CITIZEN COMMENT (3 minute limit per person)
CONSENT AGENDA
Minutes/Janua(}' 9, 1998 Special Meeting & Februa(}' 17, 1998 Regular Meeting
Council Bill #190/ Adopting Development Regulations & Concomitant Agreement!
Enchanted Park Annexation/Enactment Ordinance
Council Bill #1911Enchanted Park Annexation/Enactment Ordinance
over please. . .
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I
.
d.
e.
f.
g.
h.
VI.
a.
b.
VII.
VIII.
IX.
X.
Interlocal Agreements/Cities of Des Moines, Kent, Auburn, Pacific, Milton &
Edgewood/Lakehaven Assumption' ,
Lake Grove Ballfield Renovation PrQject A~ptance
Mark Twain Ballfield Renovation PrQject Accq)tance
Youth Commission Work Plan
Parks & Recreation Commission Work Plan
CITY COUNCIL BUSINESS
1998 Right-of-Way Landscape Contract Bid Award
District Court Districting Committee Appointment
CITY MANAGER REPORT
CITY COUNCIL REPORTS
EXECUTIVE SESSION
Litigation/Pursuant to RCW 42.30. 11O(1)(i)
ADJOURNMENT
ee PLFASE COMPLETE PINK SLIP & PRESENT TO THE DEPUTY CITY CLF..RK PRIOR TO SPEAKING Citizens may addrcas the> C~ Council at this
1Îmð. Wbcn recognized by the> Mayor, plulC> come> forward to the> podium, adjust microphooe> to prop« bcigbt, and state> your name> and addre>as for the> record.
PLFASE LIMIT YOUR REMARKS TO THREE ß) MINUTES. Citizens may COIlUIICÐt on individualqeøda items at timca during lilY regularly achcdu1e>d City
Council moctiog, prior to Council discUisiOll, ThC>lC> items include>, but are> not limite>d to, OrdÎnlllCC>l, Re>ao1utiOlllllld Council BUline>ss ÍIIUCI. ThC>IC> comment
tÎlDe>s are> in additiOll to the> Citizen Comment at the> beginning of C>lCh regularly sche>du1e>d meeting.
MEETING DATE: March 3,1998
ITEM#;dL- (~ J-
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CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: City Council Meeting Minutes
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CATEGORY:
BUDGET IMPACT:
X CONSENT
ORDINANCE
_BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
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ATTACHMENTS: Meeting Minutes - 2 sets
- City Council Special MeetinglRetreat - January 9, 1998
- City Council Regular Meeting - February 17, 1998
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SUMMARYIBACKGROUND: Written minutes required by the Revised Code of Washington (RCW)
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CITY COUNCIL COMMITTEE RECOMMENDATION: Approval of minutes as presented.
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. .~I~. ~ ~~ ~~ ~.~~~ ~~~~ ~ ~~~: ~~~~: ~~ 0 ~ ~u ~~~.: ~~~~~~~ ~.~..... Ii/,ßfi.ð I ~..........
APPROVED FOR INCLUSION IN COUNCIL dfÞ
PACKET:
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLEDIDEFERREDINO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
I:\agenda.bil
DRAFT
FEDERAL WAY CITY COUNCIL
City Council Special MeetinglRetreat
Port Ludlow Conference Center
9483 Oak Bay Road
January 9, 1998
10:00 a.m. - 5:00 p.m.
MINUTES
I.
CALL MEETING TO ORDER
Mayor Ron Gintz opened the special meeting/retreat of the Federal Way City Council at 10:00
a.m., at the Port Ludlow Conference Center, Port Ludlow, W A.
City Council present: Mayor Ron Gintz, Deputy Mayor Michael Park, Councilmembers Mary
Gates, Phil Watkins, Jack Dovey, Jeanne Burbidge and Linda Kochmar.
City staff present: City Manager Ken Nyberg, City Attorney Londi Lindell and all City
Department Directors.
II.
INTRODUCTIONS
The meeting was facilitated by Dr. Michael Pendleton.
III.
WORKING TOGETHER - WHAT ARE THE NORMS?
-City Council Rules
IV. COMMUNICATIONS
V. 1999/2000 Budget
VI. 1998 Budget Revisions
Councilmember Kochmar MOVED APPROVAL TO ALLOCATE $38,775 FROM THE CITY
MANAGER CONTINGENCY FUND TO FUND HUMAN SERVICES PROJECTS AND
IMPLEMENT AGENCY CONTRACTS; second by Councilmember Burbidge. The motion
carried as follows:
City Council Special Meeting/Retreat
Minutes - Page 2
Gates
Park
Watkins
Kochmar
yes
no
no
yes
Dovey
Gintz
Burbidge
VII. CODES & PERMITTING
VIII. COUNCIL COMMITTEE ASSIGNMENTS
yes
yes
yes
Deputy Mayor Park MOVED APPROVAL OF COMMITTEE APPOINTMENTS AS
FOLLOWS:
FinancelEconomic Development/Regional Affairs Committee
Chair Mary Gates
Members Jeanne Burbidge & Linda Kochmar
Land Use/Transportation Committee
Chair Phil Watkins
Members Jeanne Burbidge & Mary Gates
Parks, Recreation, Human Services & Public Safety Committee
Chair Jack Dovey
Members Jeanne Burbidge & Linda Kochmar
The motion was seconded by Councilmember Gates. The motion carried as follows:
Gates
Park
Watkins
Kochmar
yes
yes
yes
yes
Dovey
Gintz
Burbidge
yes
yes
yes
Mayor Gintz MOVED APPROVAL TO APPOINT COUNCILMEMBER WATKINS TO THE
AIRPORT COMMUNITIES COALITION COMMITTEE AND LINDA KOCHMAR TO BE
APPOINTED AS ALTERNATE; second by Councilmember Dovey. The motion carried as
follows:
Gates
Park
Watkins
Kochmar
yes
yes
yes
yes
Dovey
Gintz
Burbidge
yes
yes
yes
.'
City Council Special Meeting/Retreat
Minutes - Page 3
IX.
ADJOURNMENT
Adjourning the City Council retreat until tomorrow at 8:30 a.m., Mayor Gintz adjourned the
session at 5:25 p.m.
Robert H. Baker
Deputy City Clerk
DRAFT
FEDERAL WAY CITY COUNCIL
Regular Meeting
Council Chambers - City Hall
February 17, 1998 - 7:00 p.m.
MINUTES
I.
CALL MEETING TO ORDER
Mayor Ron Gintz opened the regular meeting of the Federal Way City Council at 7: 10 p.m., in
Council Chambers, City Hall, Federal Way, Washington.
City Council present: Mayor Ron Gintz, Deputy Mayor Michael Park, Jeanne Burbidge, Jack Dovey,
Linda Kochmar and Phil Watkins.
City staff present: City Manager Ken Nyberg, Deputy City Manager Philip Keightley, City Attorney
Londi Lindell, City Clerk Chris Green and Deputy City Clerk Bob Baker.
Mayor Gintz announced the excused absence of Councilmember Mary Gates.
II.
PLEDGE OF ALLEGIANCE
Councilmember Kochmar led the flag salute.
III.
PRESENTATIONS
a.
Arts Commissioner Introduction/Certificate
A Certificate of Appointment was presented to Nancy Cole by Councilmember Burbidge. Mayor
Gintz noted the presentation was fitting as Ms. Cole fills the vacancy created by Ms. Burbidge when
elected to the Council.
b.
Human Services Commissioner Introductions/Certificates
Councilmember Dovey presented Certificates of Appointment to Dianne Garren-Cook, Ken Johnson
and Eric Olsen. Richard Bye, alternate, was not present.
CITY COUNCIL REGULAR MEETING
MINUTES - 2/17/98 - PAGE 2
IV.
CITIZEN COMMENT
Alison Corrigan, Chamber President/CEO, strongly endorsed the RTA's complete analysis of
alternative sites for the planned transit center and parking structure in the downtown core and trame.
The Chamber is concerned that siting the transit center and parking garage at the 320th Park & Ride
facility will lessen the economic impact due to the development constraint imposed by 1-5 and the
surrounding area. Finally, she encouraged the RTA and King County Transit to look at interim
parking solutions at the 320th and 272nd Park & Ride to facilitate current use of transit.
Joann Piquette announced the Knutzen Family Theatre Fund project was nearing its end. She
announced a Big Band Dance Fundraiser scheduled on February 28, at 8:00 p.m., with music
performed by the Swing Reunion Orchestra.
Evelyn Castellar spoke in support of the big band dance and stated King County Executive Ron Sims
and the Mayor of Milton will attend. She encouraged Mayor Gintz to join them and have a dance
competition.
Alan McEachern, King County Arts Commissioner spoke in support of the big band dance and
announced the availability of 1998 facilities grant funds for the Knutzen Family Theatre, in the
amount of $100,000.00. He noted special thanks are due, in part, to Ron Sims and Peter von
Reichbauer.
V.
CONSENT AGENDA
a.
b.
c.
d.
MinuteslFebruary 3. 1998 Regular Meeting
Nextel Communications Lease Agreement!Sacajawea Park
ACC Interlocal Amendment
SWM Capital Facilities Plan Update
1996-99 Housing & Community Development Plan
BP A Trail Corridor Phase II Acceptance & Retainage Release
1997 Asphalt Overlay Project Acceptance & Retainage Release
1997 Sidewalk Replacement Project Acceptance & Retainage Release
Military Rd So.lSo. 284m St. to So. 288m St. Project Acceptance & Retainage
Release
Resolution/Support of Test Program - Modifications to SeaTac Airport/So.
Departure Route/APPROVED RESOLUTION #98-266
e.
f.
g.
h.
1.
J.
Councilmember Dovey pulled consent agenda item b.
.'
CITY COUNCIL REGULAR MEETING
MINUTES - 2/17/98 - PAGE 3
Deputy Mayor Park MOVED APPROVAL OF CONSENT AGENDA ITEMS A., C, D, E, F, G, H,
I AND J AS PRESENTED; second by Councilmember Kachmar. The motion carried as follows:
Gates
Park
Watkins
Kachmar
excused absence
yes
yes
yes
Dovey
Gintz
Burbidge
yes
yes
yes
Item B:
Nextel Communications Lease Agreement/Sacajawea Park
Councilmember Dovey pulled this item to discuss a proposed amendment to a motion which was
approved by the Parks, Recreation, Human Services and Public Safety Committee. The proposed
amendment was to delete a portion of what was approved at the aforementioned meeting.
Councilmember Dovey MOVED APPROVAL OF CONSENT AGENDA ITEM B, AS
PRESENTED TO COUNCIL FROM COMMITTEE, WITH THE DELETION OF LANGUAGE
WHICH PROVIDES "ALL REVENUES RECEIVED FROM THE LEASE ARE TO BE
RECEIPTED INTO THE PARKS AND RECREATION DEPARTMENT BUDGET AND NOT
THE GENERAL FUND"; second by Councilmember Kochmar.
Nextel Representative Lynda Coile was present and ready to answer any questions from the Council.
There were no questions. The motion carried as presented:
Gates
Park
Watkins
Kochmar
excused absence
yes
yes
yes
Dovey
Gintz
Burbidge
yes
yes
yes
VI.
PUBLIC HEARING
Enchanted Park Annexation & Concomitant Development Agreement
a.
Staff Presentation
Mayor Gintz called the public hearing to order to consider the annexation of Enchanted Park
Concomitant Development Agreement - Office Park 4 (OP-4); Development Regulations and
acceptance of 60% Annexation Petition.
Mayor Gintz explained the process required by Washington State law and the Federal Way City Code
as they relate to this hearing. He announced any person may participate in the process by providing
CITY COUNCIL REGULAR MEETING
MINUTES - 2/17/98 - PAGE 4
written/oral presentation to Council, or by way of appearing through a representative.
Mayor Gintz opened the public hearing at 7:20 p.m.
Greg Moore, Director of Community Development Services, introduced himself. He relayed staff
discussions with Enchanted Park began in 1993. In 1995 the City Council accepted a 10% petition
and authorized circulation of a 60% petition. Said petition included Brittany Lanes and Regency
Woods subdivisions. It was also in 1995, Council authorized a pre-annexation concomitant
development agreement that would be prepared and effective upon annexation.
The recommendation before Council is supported by City staff and Enchanted Park ownership. There
have been improvements beyond King County requirements. Enchanted Parks has met with home
owners association and have offered conditions beyond what City requires.
Mr. Moore believes this agreement recognizes the unique characteristics of this land use and is a
balanced and fair approach for the City, park and home owners in the area.
Senior Planner Margaret Clark presented introductory comments and higWighted major points of the
concomitant agreement and made a staff recommendation.
Since the public hearing on November 13, 1997, the details of the concomitant agreement have been
refined between City staff and applicant. They are now in agreement with the details. The agreement
addresses all questions raised by Council, Planning Commission and citizens at said public hearing.
Ms. Clark relayed the Enchanted Park annexation area is approximately 66 acres in size and includes
the following property: approximately 65 acres owned by Enchanted Park, Inc., approximately one
acre between I~5 and Milton Road, and Milton Road. The concomitant development agreement
covers only the property owned by Enchanted Parks, Inc. The annexation area does not include
South 369th Street or 19th Way South.
As part of the annexation, Council will also be considering the adoption of the Office Park 4
(OP-4) development regulations which will govern all property within the annexation area. OP-4
development regulations would implement the OP-4 zoning which was adopted for the Enchanted
Park Annexation area as part of the August 1, 1996, adoption of the City Zoning Map.
Parcel Q is designated Neighborhood Business and Parcel V, the southern 11.47 acres, is designated
Residential with allowance for 4 dwelling units per acre.
The OP-4 development regulations set out standards which any new use or expansion of an existing
use must meet and the concomitant development agreement sets out additional standards which only
apply to that property under Enchanted Park ownership.
CITY COUNCIL REGULAR MEETING
MINUTES - 2/17/98 - PAGE 5
The Office Park 4 development regulations use the existing City Office Park 4 zone as a basis and
proposes to add other uses such as Regional Commercial Recreational facilities, hotels and general
or specialty retail. The regulations include a process of review for all uses. In general, administrative
review, i.e., director's approval will be used for any expansion, relocation or new regional commercial
recreational uses proposed for the existing Enchanted ParkIWild Waves area.
Only height limits (35 ft.) for the Department of Transportation property is addressed within the OP-4
development regulations. Height limits for the Enchanted Parks property is addressed as part of the
concomitant agreement
As it relates to signs, Ms. Clark noted that except for the 75-foot tall sign located adjacent to 1-5 and
Milton Road, all signs are either in compliance or will be brought into compliance by the year 2000
as required by the sign code.
Regarding the concomitant development agreement, Ms. Clark made verbal notes relative to the
following items which may be reviewed in Exhibit 5 to the staff report prepared for this meeting:
the concomitant would not regulate artificially-created wetlands such as the wetland on Parcel V,
height restrictions, noise, parking, parking lot landscaping, perimeter landscaping, taxes and traffic.
In terms of fiscal analysis, Ms. Clark relayed a comparison of the costs versus revenues associated
with annexing Enchanted Park was prepared. This analysis covered the time period 1998 though
2003. The comparison shows that for the first six years, revenues will exceed expenditures and in
the year 2003, expenditures will exceed revenues by approximately $1200. These figures are subject
to change if the park expands its operation with new construction, or if property taxes or sales taxes
increase or if surface water management fees increase based on new impervious surfaces
Before concluding, two questions which arose at the November 13 Public Hearing were responded
to. In response to the question as to whether there were eagles on parcel Q -- no evidence of eagle
nests were found; and as to the concern about parking on So. 369th Street -- King County engineers
have been working with the residents on restricting parking on the south side of So. 369th Street.
In conclusion, Ms. Clark noted all decisional criteria based on City Code requirements have been met
and made the following recommendations: accept the 60 percent petition by resolution and direct staff
to submit a notice of intent to annex to the King County Boundary Review Board; make a motion
to move the ordinance establishing the development regulations for the office park 4 (op-4 zone) and
concomitant development agreement to second reading and make a motion to move the ordinance
approving the annexation to second reading.
b.
Citizen Comment
Tom Miller passed.
CITY COUNCIL REGULAR MEETING
MINUTES - 2/17/98 - PAGE 6
Eric Davies, a Brittany Lane resident, spoke of concern with the 35' height allowance. He also spoke
of the buffer type required and suggested the use of Douglas Fir trees as they are quick growing. And
finally, he would hope the off-duty officers' presence would continue.
Debra Coates urged Council support this item.
Elaine Mansoor, Chairman of the Board for the Chamber of Commerce, supports the FAA's test of
an alternative flight pattern for commercial aircraft departing south from SeaTac airport. She stated
the Chamber endorsed the annexation in question.
Mark Clirehugh spoke in support of the annexation of Enchanted Park. He said Jeff & LeeAnn Stock
are citizens of good character and their business would be a fine addition to the City.
Jeff Stock stated this agreement has been 5 years in the planning. He stated the home owners co-
authored the document and there is a majority which are accepting of the Park and want it to do well.
He looks forward to an amicable relationship. He addressed the height requirements, non-loss of
. parking stalls and stated safety is # 1 to their customers at the park.
Jerry Hellis, Attorney for Mr. Stock, had nothing to offer.
c.
Council Deliberation
Councilmember Watkins sought procedural clarification.
Councilmember Kochmar asked questions with regard to Parcels Q & V. She then asked questions
relative to proposed zoning. She has a problem with Parcel Q and the impact it would have on the
neighborhood and the road. Although she believes the annexation would be a plus to the City, her
concern is how the cost would impact the City in the future.
Councilmember Park asked if, in reality, Parcel Q would be a good place to build a hotel. Ms. Clark
stated it probably wouldn't be a good place, but would not make such a determination with reviewing
any proposed plans.
Councilmember Watkins asked about Parcel V. He said current zoning in King County is residential.
He asked if it was multi-family or single family. Mr. Clark stated it is R-4 and allows single family,
town houses and multi-family. He then sought clarification on the parking situation within the
concomitant.
Councilmember Kochmar stated the comprehensive plan was drawn in accordance with the Growth
Management Act. A rezone of the parcels would not be in accordance with the plan and would be
inconsistent. She doesn't believe government should be inflexible, but if the plan is in place, you
CITY COUNCIL REGULAR MEETING
MINUTES - 2/17/98 - PAGE 7
cause more problems by violating that trust which you developed when you put the plan together.
After reviewing the items at hand, she wonders if others share her concerns. Further, she stated the
traffic question was not adequately addressed. She said the basic issue here is trust with the
community. She is in support of referring this item to the Land UselTransportation Committee for
full review.
Mr. Moore made a point of clarification to Councilmember Kochmar's statement. He said the plan
is, indeed, consistent with the comprehensive plan for that area adopted by Council. In response to
another question from Councilmember Kochmar, he noted the concomitant agreement goes "with the
property" even if it is sold.
Councilmember Dovey objects to referring this item back to committee. Time and effort have been
put into the project. He said we have enough information to make a decision. He is in support of
the annexation.
Councilmember Watkins quoted from Comprehensive Plan Policy LUP 27 & Policy LUP 48 as well
as the narrative for Community Business. He asked that considering what they are really approving
in the near-term, (an amusement park); and in the long term, (a 160,000 sq. ft. shopping center and
hotel), how staff squares that with the policies quoted.
Mr. Moore stated that if the area were vacant, the question on use would arise; however, it is
developed, and thus consistent with the policy. Mr. Moore also relayed some retail would be
appropriate.
Jeff Stock responded the trust of the community should not be in question. He negotiated in good
faith, a purchase agreement for a piece of property near the park and worked with the neighbors. As
a citizen he feels the staff worked extremely hard on this project.
Mr. Hellis stated King County zoning and Federal Way zoning are being confused. He said Federal
Way has already comprehensively planned the piece of property in question. Confusion occurs when
referring back to King County zoning.
Councilmember Park is in favor of the annexation and stated it has been a collaborative effort by all
involved. With that he MOVED APPROVAL TO ACCEPT THE RESOLUTION AS
PRESENTED; second by Councilmember Burbidge.
Discussion took place regarding wetlands, artificially created wetlands, height requirements, parking
stalls and tax issues.
Councilmember Burbidge stated they've had enough time for review and is in favor as this will
enhance the City and provide us with substantial benefit.
.'
CITY COUNCa REGULAR MEETING
MINUTES - 2/17/98 - PAGE 8
Mayor Gintz closed the public hearing at 8:40 p.m.
d.
The motion carried as follows:
Gates
Park
Watkins
Kochmar
Resolution/Accepting 60% Annexation Petition
APPROVED RESOLUTION #98-267
excused absence
yes
yes
yes
Dovey
Gintz
Burbidge
yes
yes
yes
VII.
INTRODUCTION ORDINANCES
a.
Council Bill #190/ Adopting Development Regulations & Concomitant
Development Agreement
AN ORDINANCE OF THE CITY OF FEDERAL WAY, W ASIDNGTON, ADOPTING ZONING
DEVELOPMENT REGULA nONS APPLICABLE TO PROPERTY ZONES OP-4 AND LOCATED
BETWEEN SR 161 (ENCHANTED PARKWAY), INTERSTATE 5, MILTON ROAD SOUTH,
SOUTH 369m STREET, AND 19m WAY SOUTH; AND APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONCOMITANT DEVELOPMENT AGREEMENT.
Council Bill #190 was read into the record by Deputy City Clerk Bob Baker.
Councilmember Dovey MOVED TO FORWARD COUNCIL BILL #190 TO SECOND
READINGÆNACTMENT ON MARCH 3, 1998; second by Deputy Mayor Park.
Councilmember Kochmar MOVED TO AMEND THE MAIN MOTION BY REFERRING THE
ITEM TO COMMITTEE PRIOR TO SECOND READING OF COUNCIL BILL #190; second by
Councilmember Watkins. Debate on the amendment ensued.
Councilmember Dovey strongly opposed the amendment.
The motion to amend failed as follows:
Gates
Park
Watkins
Kochmar
excused absence
no
yes
yes
Dovey
Gintz
Burbidge
no
no
no
CITY COUNCIL REGULAR MEETING
MINUTES - 2/17/98 - PAGE 9
The main motion carried as follows:
Gates
Park
Watkins
Kochmar
excused absence
yes
no
no
Dovey
Gintz
Burbidge
yes
yes
yes
b.
Council Bill #191Ænchanted Park Annexation
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, ANNEXING
APPROXIMATELY 65 ACRES LOCATED BETWEEN SR 161 (ENCHANTED
P ARKW A Y), INTERSTATE 5, MIL TON ROAD SOUTH, souœ 369111 STREET, AND
19111 WAY SOUTH.
Council Bill # 191 was read into the record by Deputy City Clerk Bob Baker.
Councilmember Dovey MOVED TO FORWARD COUNCIL BILL #191 TO SECOND
READINGÆNACTMENT ON MARCH 3, 1998; second by Deputy Mayor Park.
The motion carried as follows:
Gates
Park
Watkins
Kochmar
excused absence
yes
no
no
Dovey
Gintz
Burbidge
VIII.
CITY COUNCIL BUSINESS
a.
Council Committee Appointments
yes
yes
yes
Committee appointments were announced by Mayor Gintz. See attachment for listing.
Councilmember Watkins MOVED APPROVAL OF THE COUNCIL COMMITTEE
APPOINTMENTS AS PRESENTED; second by Councilmember Dovey. The motion carried as
follows:
Gates
Park
Watkins
Kochmar
excused absence
yes
yes
yes
Dovey
Gintz
Burbidge
yes
yes
yes
CITY COUNCIL REGULAR MEETING
MINUTES - 2/17/98 - PAGE 10
b.
Economic Development Update
After a briefpresentation from Debra Coates, including the review ofa draft organizational chart, this
item was referred to the Finance Committee, without a vote, for consideration at their March 3
meeting. Councilmember Kochmar asked Ms. Coates for a spreadsheet including timelines for
completion of specific goals and/or duties. Thereafter, a recommendation to full council.
IX.
CITY MANAGER REPORT
Mr. Nyberg reported the concerns of George Lee (2/3/98 Council Meeting) have been addressed and
remedies will take place within 24 months.
Mr. Nyberg has requested Chief Wood make a short report following the first full year of
operationsat the conclusion of this report.
City Manager Nyberg requested an executive session under RCW 42.30.II0(I)(i), Potential
Litigation and stated action may occur.
Chief Wood reported the department handled 57,600 calls for service last year; made almost 700
presentations to various groups in the community and the overall index rate is down 11 % for the year.
He is happy four crimes out of the 8-Crime (violent crime category) index are down 27.8%. A
summary of response times shows our officers respond in a better than average manner. A presence
of an active, visible patrol force have provided for over 70,000 public contacts over the last year.
This increases public awareness and contributes to a reduced crime rate.
Each Councilmember took time to say thank you to Chief Wood on behalf of his officers, the
department staff and the work done on a daily basis. Councilmember Watkins thanked Ed Swan for
the efforts he's made in the neighborhoods as well.
x.
CITY COUNCIL REPORTS
Councilmember Dovey noted a Parks, Recreation, Public Safety & Human Services Committee
scheduled for February 23, at 12:00 p.m.
Councilmember Watkins noted a March 2, 5: 3 0 p. m., Land U selTransportation Committee meeting,
wherein they'll discuss the sensitive areas code amendments.
Councilmember Burbidge attended a Suburban Cities meeting last week and heard a presentation on
the Endangered Species Act. She's also attended her first Regional Water Quality meeting.
CITY COUNCIL REGULAR MEETING
MINUTES - 2/17/98 - PAGE 11
Councilmember Kochmar attended a Parks Commission meeting wherein they discussed an off-leash
dog park. She has asked King County Councilmember Peter von Reichbauer if King County could
provide a park for this type of thing.
Deputy Mayor Park reported his attendance at a Private Industry CounciVSuburban Cities Joint
Executive Board meeting last week.
At 9:28 p.m., Mayor Gintz recessed the regular meeting for Council to go into executive session.
XI.
EXECUTIVE SESSION (Added Item)
LitigationlPursuant to RCW 42.30.1100)(i)
At 9:48 p.m., Deputy City Manager Keightley announced another: 10 minutes were necessary.
At 9:55 p.m., Mayor Gintz reconvened the regular meeting.
Councilmember Dovey MOVED APPROV AL OF A RESOLUTION IMPOSING A
MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR AND ISSUANCE OF
LAND USE, BUILDING AND DEVELOPMENT PERMITS, AND BUSINESS LICENSES, FOR
ADULT ENTERTAINMENT AND ADULT RETAIL USES; second by Councilmember Burbidge.
Councilmember Watkins asked the length of the moratorium, if approved. City Attorney Londi
Lindell stated it is a 6-month moratorium; and pursuant to State law there will be a public hearing,
before the Council, within 60 days at which time people have an opportunity to comment.
The motion carried as follows:
Gates
Park
Watkins
Kochmar
excused absence
yes
yes
yes
Dovey
Gintz
Burbidge
yes
yes
yes
XII.
ADJO URNMENT
Having no other business to come before the Council, the meeting was adjourned at 9:57 p.m.
Robert H. Baker
Deputy City Clerk
1m-ITRIT ~
CITY OF FEDERAL WAY
1998 CITY COUNCIL COMMITTEE APPOINTMENTS
0
FINANCE/ECONOMIC DEVELOPMENTIREGIONAL AFFAIRS COMMI'ITEE
Chair: Mary Gates 4th Tuesday - 5:15 p.m.
Members: Jeanne Burbidge Administration Conference Room
Linda Kochmar Staff: Iwen Wang & Marj Currie-Hicks
0
LAND USElrRANSPORTATION COMMITTEE
Chair: Phil Watkins 1 ot & 3rd Monday - 5:30 p.m.
Members: Jeanne Burbidge Council Chambers
Mary Gates Staff: GTeg Moore & Sandy Lyle
0
PARKSIRECREATION/HUMAN SERVICES & PUBLIC SAFETY COMMITTEE
Chair: Jack Dovey 2nd & 4th Monday - 12:00 p.m.
Members: Jeanne Burbidge Council Chambers
Linda Kochmar Staff: Jenny Schroder & Sue Floyd
0
SOUTH KING COUNTY AREA TRANSPORTATION BOARD (SCATBd)
Jeanne Burbidge 3rd Tuesday - 9:00 - 11 :00 a.m.
Cary Roe (Alternate) WSDOT Maint., Kent
Staff: Cary Roe
0
LAKEHA VEN/CITY LIAISON COMMI'ITEE
Ron Gintz Quarterly - 3rd Tuesday - 7:30 a.m.
Phil Watkins Administration Conference Room
Staff: Philip Keightley & Pat Briggs
SCHOOL/CITY LIAISON COMMI'ITEE
Ron Gintz Quarterly - 2nd Monday - 7:30 a.m.
Mike Park Administration Conference Room
Staff: Ken Nyberg & Philip Keightley
0
0
AIRPORT CITIES COALITION (ACC) COMMITTEE
Phil Watkins 151& 3rd Wednesday - 6:00 p.m.
Linda Kochmar (Alternate) Normandy Park City Hall
Staff: GTeg Fewins
0
EMS FINANCE PLANNING TASK FORCE
Jim Hamilton
(2-15-98 to 12-31-98)
k:\clerk\cmte98.wpd
(Rev. 02-26-98)
MEETING DATE: ha~1- 3; I qC¡,j-
ITEM#:lL ~)
"""""""""""""""""""""""""""""""""""""""""""""""......................................................................................................................................................
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: ENCHANTED PARK ANNEXATION - Development Regulations for the Office
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CATEGORY:
BUDGET IMPACT:
CONSENT
X ORDINANCE
BUSINESS
HEARING
FYI
_RESOLUTION
STAFF REPORT
PROCLAMATION
_STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
"""""""""""""""""""""""""""""""""""""""""""""""""""""......................m.................................................................................................................
ATTACHMENTS: Staff Report with Attachments 1 through 11; Draft Concomitant Development Agreement
Ordinance.
.......................................................................................................................................................................................................
.............................................
SUMMARYIBACKGROUND: In February of 1995, the City of Federal Way received a ten percent petition to annex
certain property. The area within the ten percent petition is generally bounded by SR 161 (Enchanted Parkway),
Interstate 5, and the existing City of Milton limits. On March 21, 1995, the City Council held a public meeting at which
the council accepted the ten percent annexation petition and authorized circulation of the 60 percent petition. At that
meeting, it was decided that a concomitant development agreement would be utilized for the Enchanted Park property.
The 60 percent petition was received on October 27, 1997 (revised February 9,1998) and covered only that area north
of 369th Street, which is a smaller area than included within the ten percent petition. On November 13, 1997, the City
Council and Planning Commission held a joint public hearing on the OP-4 development regulations (the fIrst public
hearing on the OP-4 development regulations). The February 17, 1998, public hearing will be the second public hearing
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CITY COUNOL COMMITTEE RECOMMENDATION: Make a motion to move the ordinance establishing the
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OTYMANAGERRECOMMENDATION: tLi,I"r- c'\-"- " '" J."'"".,_: ' ," 'rl. '.
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...............
APPROVED FOR INCLUSION IN COUNOL PACKET: l¡JtI
,.',
(BELOW TO BE COMPLETED BY CI1Y CLERK'S OFFICE)
COUNOL ACTION:
APPROVED
DENIED
T ABLEDIDEFERREDINO ACTION
COUNOL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
17 c~
;I/O /7f
DRAFT
,~ - -l \...¡' _cl Y
ORDINANCB NO.
AN ORDINANCB 01' HB CITY COUNCIL 01' THB CITY 01'
I'EDERAL WAY, WASHINGTON, ADOPTING ZONING
DEVELOPMENT REGULATIONS APPLICABLE TO PROPERTY
ZONED OP-4 AND LOCATBD BBTWEEN SR 161 (ENCHANTED
PARKWAY), INTERSTATE 5, MILTON ROAD SOUTH, SOUTH
369TH STREET, AND 19TH WAY SOUTH; AND APPROVING AND
AUTHORIZING THE CITY KANAGER TO EXECUTE A
CONCOMITANT DEVELOPMENT AGREBKENT.
WHEREAS, RCW 35A.14.010 authorizes the City of Federal
Way to annex any portion of a county not incorporated as part of a
city or town but lying contiguous to the City of Federal Way; and
WHEREAS, in February, 1995, pursuant to RCW 35A.14.120,
Enchanted Parks, Inc., as owner of not less than ten percent (10%)
in assessed valuation of the property proposed for annexation, as
certified by the city Clerk,
filed a Notice of Intention to
Petition for Annexation to the City of Federal Way approximately
71.56 acres of property contiguous to the eastern boundary of the
city of Federal Way; and
WHEREAS, on March 21, 1995, the City Council authorized
the
preparation of
a
Petition
for Annexation,
requiring the
preparation of a proposed zoning regulation and requiring the
assumption of a pro rata proportion of existing City indebtedness
by the area to be annexed; and
WHEREAS, on November 21, 1995, the City Council adopted
Ordinance No. 95-248, which adopted the city's GMA Comprehensive
Plan and designated the property owned by Enchanted Parks, Inc. as
commercial/Recreation; and
ORD #
, PAGE 1
WHEREAS,
on July 2,
1996,
the City Council
adopted
Ordinance No. 96-270, which zoned the property owned by Enchanted
Parks, Inc. OP-4 under the City's land use code (Chapter 22 of the
Federal Way City Code (UFWCC"»; and
WHEREAS, in anticipation of annexation and pursuant to
FWCC 19-104 and RCW 36.70B.170, the City and Enchanted Parks, Inc.
negotiated a concomi tant development agreement
(UCDA")
covering
property legally described and depicted on Exhibit A hereto, a copy
of the CDA is attached hereto as Exhibit B and incorporated by
reference; and
WHEREAS, the CDA included proposed zoning development
regulations
applicable
to
property
zoned
OP-4,
which
zoning
development regulations are attached as Exhibit C to the proposed
CDA (Exhibit B); and
WHEREAS, on October 28,1997 the City's SEPA Responsible
Official
issued
a
Determination
of
Nonsignificance
(UDNS" )
concerning
the
CDA
and
concerning
the
proposed
development
regulations applicable to property zoned OP-4; and
WHEREAS, the October 28, 1997 DNS was not appealed; and
WHEREAS, WHEREAS, on November 13, 1997, the City Council
and Planning commission jointly held a public hearing, after public
notice as required by law, on the adoption of zoning regulations
for the subject property; and
WHEREAS, on December 3, 1997 the Federal Way Planning
commission considered the matter at a regularly-scheduled meeting;
and
ORD #
, PAGE 2
WHEREAS, on January 27, 1998, the city's SEPA Responsible
Official issued an Addendum to the October 28, 1997 DNS; and
WHEREAS,
the
annexation
action
is
exempt
from
all
environmental review pursuant to RCW 43.21C.222; and
WHEREAS,
on February 9,
1998
Enchanted Parks,
Inc.
submitted its Petition for Annexation of the property legally
described in Exhibit A hereto.
As certified by the Federal Way
city Clerk, the Petition contained the signatures of the owners of
at least sixty (60%) of the assessed valuation of the property
proposed for annexation;
WHEREAS, on February 17,
1998, more than thirty days
after the November 13,
1997 public hearing as required by RCW
35A.14.340 and FWCC 19-104(h},
the city Council held a second
public hearing, after public notice as required by law, on the
adoption of zoning regulations for the subject property; and
WHEREAS, on February 17, 1998, the City Council also held
a public hearing,
after public notice required by law, on the
proposed CDA between the City and Enchanted Parks, Inc., and on the
proposed annexation of the subject property; and
WHEREAS, on February 17, 1998, the City Council adopted
Resolution No. 98-267, declaring and giving notice of its intention
to annex the subject property; and
WHEREAS, the City Council considered this Ordinance at
its February 17, 1998 and March 3, 1998 meetings; and
WHEREAS, the City Council finds that it would promote the
health, safety and welfare of the citizens of Federal Way to: (1)
ORD #
, PAGE 3
approve and authorize the City Manager to execute a CDA between the
city and Enchanted Parks, Inc.; (2) adopt development regulations
for property zoned OP-4; and (3) annex the subject property;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
section 1. Findinqs.
The City Council hereby finds that:
A.
Enchanted Park is a unique use in South King County, in
that it is an indoor/outdoor amusement facility combined with a
water park, with a regional customer base.
B.
None
of
the
City's
existing development
regulations
anticipate such a unique use.
C.
The
concomitant
development
agreement
allows
the
continuance of the existing use with opportunity for growth and
expansion while taking into account surrounding land uses and
zoning.
D.
The City of Federal Way Comprehensive Plan, at page II-
16, states that Enchanted Park's Commercial Recreation designation
"acknowledges the unique recreational opportunity associated with
the Enchanted Park property. Annexation of the park will provide
the city with an unique recreational asset. The Park is located in
the city's potential annexation area in a location where urban
services are adequately provided..."
E.
Entering into the CDA to allow for the annexation of
Enchanted Park will provide benefits to the City of Federal Way by
securing property along the critical transportation corridor of I-5
and SR 161 (Enchanted Parkway).
ORD #
, PAGE 4
F.
Entering into the CDA to allow for the annexation of
..
Enchanted Park will provide benefits to the City of Federal Way by
allowing continuation of an existing significant land use which has
existed for over ten years adjacent to city boundaries.
G.
Entering into the CDA will not be detrimental to existing
or potential surrounding land uses as defined by the Comprehensive
Plan,
because the CDA contains detailed provisions addressing,
among
other
things,
drainage,
landscaping,
parking,
traffic,
height,
noise,
and future use.
These provisions protect the
existing and potential surrounding land uses from any potential
adverse impacts.
H.
The concomitant development agreement and the development
regulations include language for both the protection and continued
use of Mud Lake as an important park amenity, and for protection of
wetlands and sensitive areas on Parcel Q.
I.
The
CDA provides
for
areas
of
openness
because
it
provides that the south 11.47 acres will be developed into a
parking lot. The design of this parking lot has provided ample
buffers and landscaping, and will incorporate an existing low spot
into a detention pond with perimeter vegetation.
J.
The CDA and development regulations are consistent with
the
comprehensive
Plan.
The
Plan
designates
the
property
Commercial/Recreational,
and
the
CDA
and
OP-4
development
regulations
allow for the continuation of the Enchanted Park
regional commercial recreation use.
K.
The CDA and development regulations promote diversity and
ORD #
, PAGE 5
creativity
in
site
design,
protect
and
enhance
natural
and
community features, and encourage unique developments that combine
a mixture of uses,
because they:
( 1)
set forth parameters for
continuation of the unique Enchanted Park regional commercial
recreational use;
(2) provide for future commercial, retail and
office use of the property; and (3) protect natural features such
as wetlands on Parcel Q.
L.
Entering
into
the
CDA,
and
adopting
development
regulations for property zoned OP-4, bears a substantial relation
to the public health, safety, and general welfare of the city. The
CDA and development regulations allow continuation of a significant
use and create a review process and standards for all future uses
in the Enchanted park property. All applicable city, state, and
local public health and safety regulations will apply to these
uses, except as otherwise set forth in the concomitant development
agreement and/or OP-4 development regulations.
M.
The CDA and OP-4 development regulations are in the best
interest in the residents of the City, for the reasons stated in
Findings A-L above, as well as for the reason that the CDA and OP-4
development regulations will provide the City with the benefit of
additional revenues and other economic benefits from potential
development
under
the
CDA
and
OP-4
development
regulations.
Further,
the
City
will
enjoy
the
indirect
benefits
of
name
recognition from association with the location of Enchanted Park.
section 2.
Conclusions of Law.
Based on the Findings of
Fact set forth in section 1 above, the CDA and OP-4 development
ORD #
, PAGE 6
regulations are consistent with the criteria set forth in FWCC 19-
104 and FWCC 22-523.
Section 3.
Adoption of Development Requlations.
In the
event that property zoned OP-4 is annexed into the City of Federal
Way,
Section 22-872 is hereby amended to incorporate the OP-4
development regulations contained in the CDA between the City and
Enchanted Parks, Inc., attached as Exhibit B hereto.
The zoning
development regulations for property zoned OP-4 shall take effect
as of the effective date of the annexation of said property.
Section 4.
Concomitant Development Agreement.
The City
Council hereby authorizes the City Manager to enter into the
Concomitant Development Agreement attached as Exhibit B hereto, and
to take all further and necessary action required by the CDA.
Section 5.
Filing.
The City Manager and/or his designee
"
is directed to file forthwith a copy of this Ordinance,
duly
certified as a true and correct copy, with the King County Auditor,
pursuant to RCW 35A.14.340.
Section
6.
Severability.
The provisions
of
this
ordinance are declared separate and severable.
The invalidity of
any clause, sentence, paragraph, subdivision, section, or portion
of this ordinance or the invalidity of the application thereof to
any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to
other persons or circumstances.
Section 7.
Ratification.
Any act consistent with the
authority and prior to the effective date of this ordinance is
ORD #
, PAGE 7
hereby ratified and affirmed.
section 8.
Effecti ve Date.
This ordinance shall be
effective thirty
(30)
days after passage and publication as
provided by law.
PASSED by the City Council of the City of Federal Way
this
day of March, 1998.
CITY OF FEDERAL WAY
MAYOR, RON GINTZ
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K:\ORDIN\CONCAGRM.EPK
ORD #
, PAGE 8
ESM inc.
Irt
(
A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM
Enchanted Parks
Job No. 163-03-950-006
October 16, 1997
EXHIBIT ~
PAGE-LOF _%
LEGAL DESCRIPTION FOR ANNEXATION
TO THE CITY OF FEDERAL WAY
Those portions of the southwest quarter of Section 28 AND of the southeast quarter of Section
29 AND of the northeast quarter of Section 32 AND of the northwest quarter of Section 33,ALL
in Township 21 North, Range 4 East, W.M., King County, Washington, being more particularly
described as follows:
BEGINNING at the northeasterly comer of Parcel "Z" of "Regency Woods Division I"
according to the plat thereof recorded in Volume 154 of Plats, Pages 81 through 97, inclusive,
Records of King County, Washington;
THENCE southeasterly along the northeasterly line of said parcel, said line being coincident
with the southwesterly margin of Enchanted Parkway (AKA SSH No. 5-0 / Kit Comer Road
South / SR 161) to the northwesterly margin of 19th Way South as shown on said plat;
THENCE southwesterly along said northwesterly margin to the northerly margin of South 369th
Stre.et as shown on the plat of "Regency Woods Division 2" according to the plat thereof
recorded in Volume 156 of Plats, Pages 16 through 20, inclusive, Records of King County,
Washington;
THENCE westerly along said northerly margin and the westerly extension thereof to the easterly
margin of SR 5 (AKA PSH No.1), also being the City of Federal Way Limits ~ defined by King
County Code Ordinance No. 8779;
THENCE northerly along said easterly margin to said southwesterly margin of Enchanted
Parkway;
See attached Exhibit "B",
EXP1~
THENCE southeasterly along said southwesterly margin to the
POINT OF BEGINNING.
Written by: c.A.F.
Checked by: R.J.W.
\\esm\sys\wrd.proc\lcgal\ l630304.doc /0/ /7/17
720 South 348th Street. Federal Way, Washington 98
Federal Way (206) 838-6113 . Tacoma (206) 927 -0619 . Seattle (206) 623-5911 . Fax: (206) 838-71 04
TO ACCOMPANY LEGAL DESCRIPTION FOR ANNEXATION
A PORTION OF SECTIONS 28. 29. 32 AND 33.
TWP. 21 N., RGE. 4 E., W.M.,
KING COUNTY, WASHINGTON
n
SCALE; 1" = 400'
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720 So. J46th Street
FEDERAL WAY. WASHINGTON 9600J
PHONE (253) 636-6113
PARCEL OWNERSHIP
CD ENC~T:m. PARKS INC.
<3) ENCHANTED PARKS INC.
0 ENCHANTED PARKS, INC.
eD ENCHANTED PARKS INC.
@ KING COUNTY
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JOB NO. 153-03-950':'006
DRAWING NAME: 16J\OJ\EXH-ANNP
DATE: 02-06-98
DRAWN. CAFjRJ.B.
SHEET 1 OF 1
EXHIBIT B
(please refer to attachment 1 of the staff report)
EXHIBIT C
(please refer to attachment 2 of the staff report)
FEDERAL WAY
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
REPORT TO
THE FEDERAL WAY CITY COUNCIL
ENCHANTED PARK ANNEXATION
Proposed Development Regulations &
Concomitant Development Agreement
Federal Way File No: ANN96-0001
Related File No: SEP97-0035 & UP397-0008
PUBLIC HEARING - FEBRUARY 17, 1998
7 :00 P. M.
CITY COUNCIL CHAMBERS
FEDERAL WAY CITY HALL - 33530 FIRST WAY SOUTH
(253-661-4111 )
Report Prepared by:
Margaret H. Clark, AICP, Senior Planner
Section
TABLE OF CONTENTS
Page
Attachments
I.
II.
III.
IV.
v.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
Introduction ........................................,...................1
ReasonforAction .......................................................1
HistoryandBackground ..................................................1
Generallnformation......................................................3
General Description ..................................................,...4
Environmental Determination ..............................................5
Existing Zoning and Comprehensive Plan Designations. . . . . . . . . . . . . . . . . . . . . . . . . . 5
Proposed Concomitant Development Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Proposed Development Regulations for the OP-4 Zone. . . . . . . . . . . . . . . . . . . . . . . . . II
Costs and Revenues to the City Associated with Annexing Enchanted Park. . . . . . . . . 14
Decisional Criteria ........................................,.............19
Findings ................................................,.............11
Staff Recommendation.................................... ...............25
Enchanted Park Annexation
Staff Report
Page i
ATTACHMENT 1
A TT ACHMENT 2
ATTACHMENT 3
ATTACHMENT 4
ATTACHMENT 5
A TT ACHMENT 6
ATTACHMENT 7
i\ TTACH\IE\:T 8
ATTACHMENT 9
ATTACHMENT 10
ATTACHMENT 11
ATTACHMENTS
Concomitant Zoning Agreement with Exhibits A- L
Exhibit A Legal Description
Exhibit B Site Plan - Structures
Exhibit C Office Park 4 Zone (Op-4) Development Regulations
Exhibit D Site Plan - Parking
Exhibit E Height Restrictions - Area Map
Exhibit F Drainage Improvements (Summary - Complete Text at City Hall)
& October 28, 1997 Letter from ESM, Inc.
Parking Lot Expansion - Site Plan
Parking Lot Expansion - Landscape Plan
Landscaping
Site Plan - Access
Site Plan - Lighting
Site Plan - Development Activities
Traffic Report
Wetlands Report
Exhibit F-I
Exhibit F-2
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
Exhibit L
Office Park 4 (OP-4) Development Regulations
Responses to questions from the November 13, 1997 Public Hearing
Comment letters received following the November 13, 1997 Public
Hearing
60 Percent Petition
Ten Percent Annexation Area
Portion of City of Federal Way Official Zoning Map covering Ten percent
Annexation area
Vicinity Map
Portion of King County Comprehensive Plan Land Use Map 1995
Portion of King County Zoning Atlas December 1996
April 23, 1997 Correspondence from King County
Enchanted Park Annexation
Staff Report
Page ii
I.
INTRODUCTION
Since early 1993, the City of Federal Way has been discussing a concomitant
development agreement (Attachment 1) and development regulations (Attachment 2) to
govern the annexation of Enchanted Park to the City of Federal Way with representatives
of Enchanted Park, Inc. Federal Way City Code (FWCC) , Section 19-104 - Pre-
annexation concomitant agreement provides strong language about the intent of a pre-
annexation development agreement, thereafter in this staff report to be referred to as
concomitant development agreement.
FWCC Section 19-104 states that the intent of a concomitant development agreement is
to create a process to promote diversity and creativity in site design and to protect and
enhance natural and community features. The concomitant development agreement and
the accompanying Office Park 4 (OP-4) development regulations prepared for Enchanted
Park responds to and meets the intent of this section by providing for the continued use
and expansion of a unique regional business while improving the drainage situation;
protecting environmental features; providing for adequate level of review relative to the
proposed use and location of such use; addressing any potential impacts associated with
the operation of the park, such as noise, glare, and lighting; and providing adequate, and
in some instances improved, perimeter buffering than what presently exists today. In
addition. a new parking lot is proposed to provide for future parking needs.
Furthermore, during the March 1995 public meeting on the ten percent petition requesting
annexation to the City of Federal Way, the City Council gave direction that a concomitant
development agreement should be utilized for the annexation. Based on the history and
actions proposed in the concomitant development agreement, staff recommends approval
of the concomitant development agreement and OP-4 development regulations for
Enchanted Park.
II.
REASON FOR ACTION
Both Washington State law and the City of Federal Way Annexation Ordinance require
the city to hold public hearings on proposed annexations and annexation zoning
regulations. When a concomitant development zoning agreement is used in an
annexation, as is the case with the Enchanted Park Annexation, pursuant to FWCC
Section 19-104, Pre-annexation concomitant agreement, and state law combined, there is
a requirement for one public hearing to be held by the City Council on the concomitant
development agreement and annexation and two public hearings to be held at least thirty
days apart on the proposed zoning development regulations.
The tirst of the two required public hearings on the proposed development zoning
regulations was held on November 13. 1997. During that hearing, certain questions were
brought up by the City Council, Planning Commission, and members of the public.
Enchanted Park Annexation
Staff Report
Page I
Responses to these questions are given in Attachment 3. In addition, two comment letters
(Attachment 4) were submitted following that hearing. Responses to those letters are also
found in Attachment 3. On December 3, 1997, the Federal Way Planning Commission
considered the matter at a regularly-scheduled meeting. The second hearing on the
proposed development regulations is scheduled to be held on February 17, 1998. This
hearing will include the second public hearing on the proposed development regulations,
a hearing on the concomitant development agreement and annexation, and a hearing on
whether to accept the 60 percent petition.
After the close of the February 17, 1998, public hearing, the City Council may by a
majority of the total membership, accept the 60 percent annexation (Attachment 5) hy
resolution and direct staff to submit a Notice of Intent to Annex to the King County
Boundary Review Board, make a motion to move the ordinance establishing the
development regulations for the Office Park 4 (OP-4 zone) (Attacllment 2) and approving
the concomitant development agreement (Attachment 1) to second reading, followed by a
motion to move the ordinance approving the annexation to second reading.
This staff report addresses both the proposed development regulations (Attachment 2) for
the OP-4 zoning classification imposed on the property with the adoption of the City of
Federal Way Official Zoning Map effective August I, 1996, and the proposed
concomitant development agreement (Attachment 1). It also includes a fiscal component
which analyzes the anticipated revenues and expenditures associated with annexing the
property (Section X of this Staff Report).
.'
III.
HISTORY AND BACKGROUND
In February of 1995, the City of Federal Way received a ten percent petition to annex
certain property. The area within the ten percent petition is generally bounded by SR 161
(Enchanted Parkway), Interstate 5, and the existing City of Milton limits (Attachment 6).
On March 21, 1995, the City Council held a public meeting at which the council accepted
the ten percent annexation petition and authorized circulation of the 60 percent petition.
At that meeting, it was decided that a concomitant development agreement would be
utilized for the Enchanted Park property.
During the comprehensive plan adoption process, all properties covered by the ten
percent petition were given permanent comprehensive plan designations and as part of the
adoption of the August 1, 1996 City of Federal Way Zoning Map, the properties were
pre-zoned.
The Enchanted Park property was pre-zoned Office Park 4 (OP-4) and the remainder or
the properties were pre-zoned Suburban Residential (SE), Single Family Residential (RS
7.2), and Multi-family (RM 3600 ) (Attachment 7). No development standards were
established for the OPA zoning classification. A 60 percent petition received on October
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Staff Repol1
Page 2
27, 1997 (revised February 9, 1998), covered only that area north of 369th Street
(Attachment 5), which is a smaller area than included within the ten percent petition.
IV.
General Information
Project
Name:
Rcp,'cscntative:
Location:
Parcel Numbers:
Project Size:
King County
Zoning:
Federal Way
Zoning:
King County
Comprehensive
Plan Designation:
Enchanted Park Annexation
Enchanted Park Inc. by their representative Jerome L. Hillis
Hillis, Clark Martin & Peterson, P.S.
1221 Second Avenue, Suite 500
Seattle, W A 9810 1-2925
(206) 623-1745
Within King County adjacent and directly south of the City of
Federal Way and between 1-5 and Enchanted Parkway, north of
South 369th Street and 19th Way South (Attachment 8)
282104-9024,282104-9026,234550-0440,721265-2310,&
721265-2350
Approximately 66 acres
King County Regional Business, Neighborhood Business, and
Urban ResidentiallR-4 (4 dwelling units per acre)
Pre-zoned Office Park 4 (01'-4) on August 1, 1996
Commercia! Outside of Centers, Neighborhood Business Center.
and Urban Residential 4-12 dwelling units per acre
Enchanted Park Annexation
Pagt.' 3
Staff Report
Federal Way
Comprehensive
Plan Designation:
Commerc iallRecreati on
v.
GENERAL DESCRIPTION
A. Land Use
The majority (approximately 64.92 acres) of the proposed 66 acre Enchanted Park
Annexation Area is comprised of property owned by Enchanted Park, Inc.
(Attachment 5). Milton Road is owned by King County, and approximately 1.05
acres in the extreme north is owned by the Washington State Department of
Transportation (WSDOT). All property except the WSDOT property is party to the
concomitant development agreement.
Approximately 45 out of the 64.92 acres under the Enchanted Park Inc. ownership is
presently developed and used as a regional commercial recreational facility and
support facilities, including roller coasters, activities associated with a water park
such as water slides and indoor/outdoor entertainment activities, and food services
(Exhibit B of Attachment 1). The 8.92 acre Parcel Q and the southern 11.47 acres
(Parcel V) are currently vacant. Parcel V is proposed to be developed as a 1,065
space parking lot in two phases to be approved as part of the concomitant
development agreement. The 0.64 acre WSDOT property is also presently
undeveloped. A caretaker and his family presently reside in the southern portion of
the developed portion of the Enchanted Park site, and therefore, the annexation, if
approved, would add four new residents living in one dwelling unit to the City of
Federal Way.
B.
Traffic Circulation
The annexation area is surrounded on all sides by roads (Attachment 5). However
only that portion of Milton Road (approximately 0.5 miles in length) extending horn
South 369th Street to the Milton RoadlEnchanted Parkway intersection is part of the
proposed annexation. The proposed annexation does not include any of State Route
161 (Enchanted Parkway) right of way, the South 369th street right of way, or the
19th Way South right of way. Existing access to the annexation area is presently
tì'om both Milton Road, where there are three access points, and Enchanted Parkway
where there is one access (Exhibit H of Attachment 1). The plans for the new
parking lot on the southernmost parcel (Exhibit F-1 of Attachment 1) includes a
new access on to Milton Road.
c.
Drainage
i)
Water Quantify - The existing developed area presently drains to Mud Lake
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Enchanted Park Annexation
Staff Report
Page 4
fì'om where the discharge is pumped southerly downstream across the
undeveloped 11.47 acre site proposed for the parking lot expansion. The runoff
drains into an existing wetland south of South 369th Street and then into the
detention pond for Regency Woods. Runoff associated with the development oj'
the first phase of the parking lot, consisting of 393 parking spaces, can be
accommodated by Mud Lake. However, certain improvements to the pumping
will be required. In addition, an overflow structure to regulate discharge
downstream will be installed at the 369th Street embankment. With the
construction of the second phase of the parking lot a detention pond will be
constructed on this parcel and final changes would be made to the overflow
structure (Exhibit F-I of Attachment I).
ii)
Water Quality - Mud Lake presently acts as a wet pond for the approximate 47
acres which drain to it. Oil/water separators are in use on all existing outfall
pipes to Mud Lake. In addition, appropriate water quality source control
measures will be installed through out the existing site as part of the
development of Phase I parking. Since Phase I parking will drain to Mud Lake.
no further improvements for water quality are proposed for development of the
Phase I parking. As part of the review and approval of any additional phases of
parking, appropriate water quality facilities in accordance with state and local
standards will apply.
VI.
ENVIRONMENTAL DETERMINATION
Annexation is an exempt action under the State Environmental Policy Act (SEP A) (RCW
43.21 c.222). However, the concomitant development agreement, the development
standards for the OP-4 zone, the drainage improvements, and the proposed 1,065 parking
lot are subject to SEP A review. A Determination ofNonsignitìcance (DNS) was issued
on October 28. 1997. The IS-day comment period ended on November 12, 1997, and the
14- day appeal period ended on December I, 1997. No appeals were received. Based on
new information relating to a potential wetland on Parcel V, an Addendum to the October
28, 1997 DNS was issued on January 27, 1998.
VII.
EXISTING ZONING AND COMPREHENSIVE PLAN DESIGNATIONS
A.
Existing King County Comprehensive Plan and Zoning
The existing King County Comprehensive Plan (Attachment 9) for the proposed
annexation area is Commercial Outside of Centers for the 45 acre developed portion
of the Enchanted Park site, Neighborhood Business Center for the 8.92 acre
undeveloped portion on the east, and Urban Residential (4-12 dwelling units per
acre) for the southern 11.47 acre portion. Based on existing King County zoning. the
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Staff Report
Page 5
B.
majority of the annexation area except for the southern 11.47 acres, is designated for
commercial uses. The King County zoning for the proposed annexation area is
shown on Attachment 10 and is described below.
i)
Regional Business Zone - The 45 acre developed portion of Enchanted Park is
zoned Regional Business (RB) by King County. King ('ollnty Code Section
2 J A. 04. J J 0 states that the purpose of the RB zone is to provide for the broadest
mix of comparison retail, wholesale, service, and recreation/cultural uses with
compatible storage and fabrication uses, serving regional market areas, and
offering significant employment opportunities.
In generaL under the King County code, permitted uses include grocery stores.
general and speciality retail, residential as part of a mixed use development.
hotels and motels, theaters, amusement and recreation areas, amusement parks.
conference centers, and general and professional office use.
ii)
Neighborhood Business Zone - The 8.92 acre eastern portion located in the
northwest quadrant of SR 161 and South 366th Street, is designated
Neighborhood Business and is part of the Regency Woods Planned Unit
Development (PUD). The parcel includes a wetland which may limit the
potential size of any retail uses. Based on King County Zoning Code Section
2 J A. 04. 090, the purpose of the neighborhood business zone (NB) is to provide
convenient daily retail and personal services and to minimize impacts of
commercial activities on nearby properties.
In general, uses permitted within this zone include grocery stores; neighborhood
retail such as gasoline service stations, drug stores, and florist shops; a variety
of residential uses excluding single family use; hotels and motels; and
professional offices.
iii) Urban Residential/R-4 Zone - The southern 11.47 acre parcel is presently zoned
Urban Residential/R-4 (four dwelling units per acre) by King County. Based on
King County Zoning Code Section 2/ A. 04. 080. the purpose of this zone is to
efficiently use urban residential land, public services, and energy while
implementing King County Comprehensive Plan goals and policies. Permitted
uses within this zone include a wide variety of residential uses.
Existing Federal Way Comprehensive Plan and Zoning
The City of Federal Way anticipated the eventual annexation of the Enchanted Park
area by including a plan designation of Commercial/Recreation for this area in its
November 1995 Comprehensive Plan and OP-4 zoning for the area on its August
1996 Zoning Map. At that time, development regulations 'v"cre not prepared for the
OP-4 zone.
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Staff Repol1
Page 6
Prior to the adoption of the City of Federal Way comprehensive plan and zoning
regulations, which included the annexation area, the City of Federal Way prepared a
Draft and Final EIS which considered the environmental impacts of comprehensive
plan and proposed zoning for this area. As stated on page II -16 of the City of Federal
Way Comprehensive Plan, "The Commercial Recreation designation acknowledges
the unique recreational opportunity associated with the Enchanted Park property
Enchanted Park is an indoor/outdoor amusement facility most noted/i)!' its \valer
park. Annexation of the park will provide the city with an unique recreational asse/.
The Park is located in the City's potential annexation area in a location where
urhan services are adequately provided.... "
VIII.
PROPOSED CONCOMITANT DEVELOPMENT AGREEMENT
Pursuant to FWCC Section 19-104, the intent of a pre-annexation concomitant agreement
is to create a process to promote diversity and creativity in site design and to promote and
enhance natural and community features. FWCC Section 19-104 also states that by using
llexibility in the provisions of a pre-annexation concomitant development agreement, the
process will promote developments that will benefit the citizens that live and/or work
\vithin the city.
The provisions of the Enchanted Park concomitant development agreement have been
worked out between the applicant and staff, subject to city council approval. It is intended
to address the unique nature of the site by providing development regulations which
would allow continued use and expansion of existing and similar uses while at the same
time preserving the environmental features of the site. The proposed OP-4 development
regulations are intended to govern development of all property zoned OP-4, whereas the
concomitant development agreement applies only to that property under Enchanted Park
and ownership. It does not cover Milton Road, or the approximately 0.64 acres between I-
S and Milton Road owned by WSDOT. For that property under Enchanted Park
ownership, the concomitant development agreement and the proposed development
regulations for the OP-4 zone are intended to be used together. The OP-4 development
regulations are described in Section IX of this staff report.
The following describes the major points of the proposed concomitant development
agreement for Enchanted Park:
A.
Em'ironmentally Sensitive Areas - Mud Lake is exempted from regulation as an
environmentally sensitive area. Over the years as Enchanted Park developed, King
County did not regulate it as an environmentally sensitive area. As a result, the area
surrounding the lake has been completely developed around and today, Mud lake
essentially serves as a surface water detention pond in a closed depression.
Furthermore, King County issued a letter April 23, 1997, stating that Mud lake is
more appropriately managed as a lake or stormwater facility without the
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Staff Report
Page 7
encumbrances of the wetland designation (Attachment J J).
The artiticially-created wetland located on Parcel V is also exempted from regulation
as an environmentally sensitive area. The reason for this exemption is because the
wetland was created artificially as a result of pumping of excess water from Mud
Lake during the winter months over approximately the last ten years. In addition. the
artificially created wetland is less than 4,800 square feet in size and would be
classified as a Class III wetland type, the lowest functional classification by King
County. Any environmental functions that it may be presently fulfilling would be
provided by a proposed detention pond to be constructed in approximately the same
location.
All other environmentally sensitive areas that may be included within the annexation
area will be regulated pursuant to FWCC Article XIV Environmentally Sensitive
Areas, as may hereafter be amended.
B.
Height - Height restrictions for any new development are set for property covered
under the concomitant development agreement. The maximum allowable height for
the WSDOT parcel is set out in the development regulations as 35 feet. As proposed,
the Enchanted Park property is divided into three areas, Area 1,2, and 3 (Exhibit E
ofAtt([chment J).
i)
Area 1 covers the 11.47 acre Parcel V completely extending 500 feet from the
south boundary line of Parcel V. The maximum allowable height of any
buildings in Area 1 is proposed to be three stories or 35 feet, which ever is
greater.
ii) Area 2 extends 300 feet northwards from the northern boundary of Area 1. It
also extends 300 feet from the property line adjacent to Enchanted Parkway,
however, it would include all of Parcel Q. The base height ofregional
commercial recreational facility uses, e.g., roller coasters and water slides, is
proposed to be 55 feet with a maximum height of 75 feet. The base height of all
other uses, except offices and hotels is proposed to be 35 feet with a maximum
height of 55 feet. The base height of both office use and hotels is proposed to be
55 feet, however, the maximum height of office use is proposed to be 70 feet
with hotels going up to 75 feet. In order for any use to exceed its allowable base
height, it would be subject to Process III review and approval and have to be
setback an additional one foot from the property line for everyone foot of
additional height. Process III review requires public notice in the paper. posting
of the site and official notification boards, and notification of all owners of
property located in an adjacent residential zone where the residentially-zoned
property lies within 300 feet of the proposed project.
iii) Area 3 is the remainder oCthe site. The maximum height of regional commercial
Enchanted Park Annexation
Staff Report
Page 8
recreational facility uses. e.g., roller coasters and water slides. is proposed to be
125 feet.
c.
Retail- With the exception of retail, allowable uses in the OPA zone are set out in
the proposed development regulations. Under the proposed concomitant
development agreement, up to 100,000 square feet of retail would be allowed on the
Enchanted Park property with no limits being placed for retail on Parcel Q. This
means that all uses except retail would be allowed on the WSDOT property. As
discussed in Section VII of this staff report, the King County Regional Business
Zone which applies to the 45 acre developed portion (Exhibit B of Attachment 1)
presently allows unlimited retail and the King County Neighborhood Business zone
which applies to the 8.92 parcel (Parcel Q) is intended to provide convenient daily
retail and personal services.
D.
Nonconformance & Process - The concomitant development agreement would
exempt all existing and new regional commercial recreational facilities located
within the existing recreation area (Exhibit B of Attachment 1) from the provisions
of FWCC Article IV, Nonconformance. In addition, as set out in the proposed
development regulations for the OP-4 zone, any relocation or addition of regional
commercial recreational facilities located within the developed area would be subject
to Process I review and approval, which is an administrative review and approval.
unless the proposal was to exceed the base height restrictions as set out in Section
3.4, Height Restrictions, of the proposed concomitant development agreement. New
regional commercial recreational facilities to be located outside of the existing
recreation area and any non-regional commercial recreational facilities regardless of
their proposed location would be subject to FWCC Article n~ Nonconfòrmance, and
Process II, a higher level of administrative review. However, regardless of the
foregoing, fire safety codes and other life safety requirements under the Uniform
Fire Code (UFC) and Uniform Building Code (UBC) must be met.
E.
Noise - For property located south of the north/south dividing line shown on Exhihit
J of Attachment 1, hours of operation are restricted from 9:30 a.m. to 10:00 p.m..
seven days per week, and for property north of that dividing line from 9:30 a.m. to
1 :00 a.m., seven days per week. In addition, not exceeding 15 times per year, the
park would be allowed to be open all night for special events such as graduation
parties. However, no outdoor music audible to surrounding residential property
would be allowed after 10:00 p.m., and furthermore, Enchanted Park would be
required to comply with all city ordinances related to noise. glare, and lighting. Last,
if required by the Director of Community Development Services, Enchanted Park
must make modifications to address noise and lighting impacts on adjacent
residential use.
F.
Baseline Parking - Enchanted Park would retain a minimum of 1,755 parking stalls.
which exist on the site today. If any stalls are removed due to relocation of rides. the
Enchanted Park Annexation
Staff Report
Page 9
addition of rides, or the addition of new non-regional commercial recreational uses.
such as a hoteL the lost parking stalls must be replaced, Also, additional parking
must be provided in compliance with FWCC Chapter]] to serve any new non-
regional commercial recreational uses.
.'
G. Signs - Except for the 75 foot tall sign located adjacent to 1-5 and Milton Road. all
signs are either in compliance or will be brought into compliance by the year 2000 as
required by the sign code. The proposed OP-4 development regulations include a
provision which would allow one regional high profile freestanding sign up to 75
feet in height and 1 ,300 square feet in area. Such a sign must be located near a
regional transportation system such as 1-5, and be located at least 300 feet from any
area zoned residential along SR 161. South 369th Street, and 19th Way South,
H.
Drainage - As part of the concomitant development agreement, a drainage study
was prepared which addresses future improvements to the Enchanted Park drainage,
Please refer to the description under Section V.C of this staff report. Implementation
of the recommendations in the drainage study, including construction of the
oversized detention pond, will provide for water quality and accommodate runoff
from the site, while improving the functioning of the downstream wetland located
within Regency Woods.
I.
.\'e\l' Parking Lot - As part of the proposed concomitant development agreement,
Process III approval is being granted for the 1,065 stall parking lot proposed to be
constructed on Parcel V, the 11.47 acre parcel located on the south portion of the
Enchanted Park site. This parking lot is proposed to be constructed in two phases, As
part of the first phase, which will be the construction of393 parking spaces on 3.5
acres immediately east of Milton Road, 15,000 cubic yards of material will be
stockpiled for use in the construction of the Phase II parking. The concomitant
development agreement proposes to stockpile this material on the northernmost
portion of Parcel V in such a configuration to provide a longitudinal berm running
tì'om east to west. The concomitant development agreement states that Phase II
parking will not be constructed prior to the year 2002. Phase II parking may be done
in two steps, however in order to provide a balanced cut and till on-site, the entire
Phase II will have to be cleared at once. That portion of the area cleared but not
constructed as part of Phase II will be hydroseeded. Perimeter vegetation as shown
on Exhibit F-2 of Attachment 1 will be installed commensurate with any clearing
and grading.
1.
Parking Lot Landscaping - Exhibit F-2 of Attachment 1 depicts the proposed
landscaping for the new parking on Parcel V. Federal Way code requires a ten-foot
wide Type HI buffer when an OP zone abuts a public right-of-way. The proposed
perimeter landscape along all three sides of the new parking lot abutting adjacent
public rights of ways exceeds the Federal Way requirements, Landscaping proposed
adjacent to Milton Road is a ten foot wide Type I buffer, The landscaping proposed
Staff Report
Page 10
Enchanted Park Annexation
to be installed along South 369th Street as part of the Phase I parking is a 28 foot
wide Type I buffer on top of a ten foot high berm. The landscaping proposed to be
installed with the Phase II parking is a 20 foot Type I buffer along the remainder of
South 369th and 19th Way South. As discussed during Subsection VI.H, perimeter
landscaping will be installed at the time that the site is cleared. The interior lot
landscaping willl11eet Federal Way code requirements.
K. Perimeter Landscaping - Other perimeter landscaping will be ten foot wide Type I I I
landscaping which conforms to the Federal Way requirements installed in threc
phases as shown on Exhibit G of Attachment 1.
L.
Tax Matters - The concomitant development agreement proposes language which. to
the extent authorized by law, would prohibit Federal Way from imposing an
admissions tax on Enchanted Park for 12 months following notice to Enchanted Park
of the proposed tax. This language is being proposed because Enchanted Park has its
tickets prepared well in advance of the season, and Enchanted Park would like the
opportunity to change ticket prices in response to admissions tax.
M. Amendment - Minor amendments to the concomitant development agreement would
be approved by the Director of Community Development Services and major
amendments would have to be approved by the City Council subject to Process VI
(Legislative) approval.
IX.
PROPOSED DEVELOPMENT REGULATIONS FOR THE OP-4 ZONE
A.
Description of Proposed Regulations
The proposed development regulations for the OP-4 zone are included both as
Attachment 2 and Exhibit C of Attachment 1. The proposed development
regulations set up development standards upon which new development within the
OP-4 zone would be based.
The following describes the major points of the proposed OP-4 zone.
i)
It uses the existing Office Park (OP) zone as a basis for permitted uses and
development standards and proposes to add the following permitted uses:
a)
Regional Commercial Facility. As defined within the proposed OP-4
development regulations, this means a use operated for profit, with private
facilities, equipment and/or services, both indoor and outdoor for
entertainment and recreational purposes which includes the following uses:
1. Large and small scale amusement rides.
2. Roller coasters.
Enchanted Park Annexation
Staff Report
Page I ¡
i i)
..,
j.
Aquatic park facilities.
Swimming pools.
Accessory video and movie facilities.
Petting zoos.
Other similar uses.
4.
5.
6.
7.
b)
Hotels on a parcel not to exceed five acres and as regulated by FWCC
Section 22-757, except as otherwise set forth in the concomitant
development agreement
c)
Restaurants as regulated by FWCC Section 22- ì 53, except as otherwise set
forth in the concomitant development agreement
d)
Retail establishment providing entertainment, recreational, and cultural
services or activities
e)
Retail sales, general and speciality, not to exceed 100,000 square feet of
gross floor area, except there would be no restrictions on retail on Parcel Q,
the 8.92 acre parcel located on the eastern portion of the Enchanted Park
annexation site. No retail would be allowed on the 1.05 acre parcel owned
by WSDOT.
1)
Caretaker Residence.
g)
Accessory Uses such as:
I. Warehousing and distributing, secondary to permitted primary uses
provided such use does not exceed twenty-five percent (25%) of the
permitted use.
2. Outdoor Storage.
3. Any other use determined by the Director of Community Development
Services to be compatible with the other accessory uses or permitted
uses.
h)
Temporary Uses that exist for no more than 75 days in every 300 days.
These temporary uses include the following:
1. Seasonal retail sales of agricultural products such as vegetables. fruit.
or flower stands.
2. Community festivals.
3. Outdoor sales of recreational vehicles, boat shows, or other parki ng lot
sales.
Except for regional commercial recreational facilities, the development
standards and review procedures shall conform to the corresponding use in the
existing Office Park (OP) zone. For all non-regional commercial recreational
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Enchanted Park Annexation
Staff Report
PattI: I 2
facilities not allowed in the existing OP zone, the development standards and
review procedures to be used would be those for that specific use in the first
zone where the use is allowed.
iii) Regional commercial recreational facilities within the developed area would be
subject to Process I review and approval except as set out in Section 3.4, Height
Restrictions, of the concomitant development agreement. Regional commercial
recreational facilities outside of the developed area would be subject to Process
II review and approval except as set out in Section 3.4, Height Restrictions, of
the Concomitant Agreement.
iv) All other uses would be subject to Process II review and approval except as set
out in Section 3.4, Height Restrictions, of the concomitant development
agreement.
v)
The maximum height of any structure on the WSDOT owned property is 35
feet.
vi) Any plans required for project approval shall be limited to the area which would
be disturbed by any proposed structure or proposed impervious surface.
vii) The boundaries of any required landscape plan shall be coterminous with the
disturbed area.
viii)
It includes specific language stating that development within artificially-
created lakes, wetlands, streams, or surface water detention ponds, or their
required setbacks or buffers would not be subject to the provisions of
FWCC Article XIV, Environmentally Sensitive Areas.
ix) There may be no more than one regional high profile freestanding sign
associated with the regional commercial recreational facility. This sign must
meet the following standards:
a)
The sign shall be located near to a regional transportation system such as an
interstate highway
b)
The sign shall be located at least 300 feet tì'om any area zoned residential
along SR 161 and South 369th Street.
c)
The sign shall be no taller than 75 feet and exceed 1,300 square feet in area.
d)
The regional high profile sign associated with the use of the property as
Regional Commercial Recreational must be removed at such time when
more than 50 percent of the square footage of the area devoted to such
Enchanted Park Annexation
Staff Report
Page 13
existing uses as shown on Exhibit B of Attachment 1 are converted to
other uses.
B.
Comparison with Existing King County Zoning
As discussed above, there are three types of King County zoning classifications
within the proposed annexation area. The majority of the site (the 45 acre developed
portion), is zoned Regional Business (RB) by King County. The RB zone allows
those uses proposed within the OP-4 development regulations. The property to the
east presently zoned Neighhorhood Business (NB) by King County is proposed to
allow a larger variety of commercial uses with the OP-4 zoning than presently
allowed under King County. The location of the wetland on this parcel (Exhibit J of
Attachment 1) will provide a buffer between future development activities and the
residential area to the east. In addition, any development proposed for this parcel
would be required to conform to then existing Federal Way City Code, and the
provisions of the State Environmental Policy Act. The parcel to the south which is
presently zoned R-4 by King County allows single family, multifamily, and
townhouse development. The applicant is proposing to develop a parking lot in two
phases with approximately 1,065 parking spaces on this parcel. This would result in
approximately 11.47 acres of separation between the residences to the south and the
developed portion of the Enchanted Park property.
x.
COSTS AND REVENUES TO THE CITY ASSOCIATED WITH ANNEXING ENCHANTED PARK
A. Introduction
The following variables shown in Tables 1 and 2 are criteria used to measure the
financial impact of annexing the Enchanted Park area to the City of Federal Way.
The period evaluated is between the years 1998 and 2003. Table 3 shows the
anticipated operating revenues and Table 4 shows the anticipated operating
expenditures. As demonstrated in these tables and in Section VIII.B, Summar)', there
will be net operating revenues resulting from the annexation of Enchanted Park unti I
the year 2003 when there is a projected deficit of $1,194. Based on information
received from the various city departments, no capital projects are planned for the
area nor will there be any deferred maintenance.
Enchanted Park Annexation
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Page 14
TABLE I
VARIABLES CITY OF FEDERAL WAY ENCHANTED PARK
Population 75,960 4
Assessed Valuation $3,895,166,213 $3,681,900
Housing Units 27,527 ]
Cable Users 19,880 0
Center Line Miles 223.21 0.5
Traffic Signals 48 o
No. Park Acres Needed based on 10.9
acres! 1 000 population LOS N/A o
TABLE 2
1997 City Levy Rate/$I ,000 A V 1.561
City Percentage of Sales Tax Paid 0.85%
1997 City Utility Tax Rate 5.00%
Enchanted Park 1997 Retail Sales -- Taxable $5,082,865
Amount
1.
Revenues Anticipatedfrom Enchanted Park
i)
Property Tax -In 1997, Enchanted Park's assessed valuation was $3,681,900.
The city receives 0.156 percent of the assessed valuation as property tax and the
projected growth rate is 1.037 percent per year. Projected property tax revenues
from Enchanted Park for the years 1998 to 2003 are shown in Table 3.
ii) Safes Tax - Sales tax revenues are projected to grow 1.030 percent per year
between 1998 and 2003. Sales tax estimates are based on 1997 gross sales of
$5,082,865 at Enchanted Park. Projected revenues from sales tax from
Enchanted Park for the years 1998 to 2003 are shown in Table 3.
iii) Utility Taxes - The city would receive five percent of all utility taxes paid by
Enchanted Park. Utility taxes are projected to grow by 1.030 percent per year
between 1988 and 2003. Projected revenues from utility taxes paid by
Enchanted Park for the years 1998 to 2003 are shO\vn in Table 3.
Enchanted Park Annexation
Staff Report
Page I 5
iv) Surface Water Management Fees - Surface Water Management (SWM) Fees
are based on the total impervious surface of a development. Therefore, the
SWM fees from Enchanted Park are based on the existing impervious surtàce.
As additional impervious area is developed, these fees would be subject to
change. These fees are shown in Table 3.
v)
S/(J[e Shared Revenues - The state-shared revenues (gasoline tax. the motor
vehicle excise tax, liquor board profits, and the liquor excise tax) are distributed
to cities on the basis of population. Annexing Enchanted Park would add only
one household, and therefore, any change in these taxes would be
inconsequential.
TABLE 3
REVENUES FROM ENCHANTED PARK
Taxes REVENUES TO CITY Growth
Paid in Rate
1997* 1998 1999 2000 2001 2002 2003 used in
Projecte Projected Projected Projected Projected Proj ected Projections
d
Property $5,960 $6,181 $6,409 $6,646 $6,892 $7,147 1.037
Tax (0.156%
of assessed
valuation)
Sales Tax $44,500 $45,835 $47,211 $48,627 $50,086 $51,588 1.030
(lU!5°;, of
taxable
amount)
Utility Taxes
Gas $81,611 $4,203 $4,329 $4,459 $4,953 $4,730 $4,872 1.030
Electric $134,680 $6,936 $7,144 $7,358 $7,579 $7,807 $8,041 1.030
Garbage $21,825 $1,124 $1,158 $1,192 $1,228 $1,265 $1,303 1.030
Telephone $47,080 $2,425 $2,497 $2,572 $2,649 $2,729 $2,811 1.030
Cellular $12,596 $649 $668 $688 $709 $730 $752 1.030
SWM $33,087 $33,087 $33,087 $33,087 $33.087 $33,087
Fees**
Total $98,884 $100,900 $102,997 $105,119 $107.326 $109.602
Revenues
**
Based on the period October 1996 through November 1997
SWM fees is designated for SWM purpose, can not be used for general governmental services
*
Enchanted Park Annexation
Staff Report
Page 16
TABLE 4
OPERATING EXPENDITURES ASSOCIATED WITH ANNEXING ENCHANTED PARK
1998 1999 2000 2001 2002 2003 Growth
projecled Projected Projected Projected Projected Projected Rate
Municipal Court $59 $61 $63 $65 $67 $69 10]0
Services
Civil Legal Services $26 $27 $27 $28 $29 $30 1.030
Community $130 $134 $138 $142 $147 $151 I.O]()
De\clopl1lcnt
Parks & Recreation $0 $0 $0 $0 $0 $0 1.030
Jail Services $1,562 $1,609 $1.657 $1,707 $ 1.758 $1.811 1.030
Police Services (1.25 $8] ,250 $84,550 $87,880 $91,395 $95.051 $98,853 1.040
FTE)***
Administrative $799 $823 $848 $873 $900 $927 1030
Services
Street/Traffic Systems $4,944 $5,092 $5,245 $5,402 $5,565 $5,73] 1.030
Surface Water $2,78] $2,864 $2,950 $3,039 $3,130 $3,224 1.030
Management
Total Expenditures $91,151 $95, II] $98,809 $102.652 $106,645 $110,795
***
Based on 3 FTE for 5 months, annualized to 1.25 FTE. Assumes $55,000 salary/benetïts plus $10,000
other M & 0 costs per FTE
1.
Operating Expenditures Anticipated as a Result of Annexing Enchanted Park
i)
Municipal Court Services, Civil Legal Service, Community Development, &
Administrative Services - Operating expenses associated with these services are
based on population and a set formula used by the City of Federal Way
Management Services. As shown in Table 4, these expenditures are relatively
mInor.
ii)
Parks and Recreation - The City of Federal Way's adopted Parks, Recreation.
and Open Space Plan has developed a standard of 10.9 acres of parks and open
space per 1,000 population. The proposed annexation will increase the city's
population by four, therefore, this annexation will not pose immediate park
operation costs for maintenance and/or acquisition to maintain the city's level of
service for parks. recreation. and open space.
Enchanted Park Annexation
Staff Report
Page 17
iii) Jail Services - Based on historical information obtained from King County, the
Federal Way Public Safety Department states that the park averages two auto
thefts during the summer, and thefts from automobiles are fairly frequent. In
addition, each summer, there are approximately six reports concerning indecent
liberties. However, apart from the actual citations, on an average, only six to
eight people are actually booked each summer. Then costs associated with the
bookings and maintenance are shown in Table 4.
iv) Police Services - The proposed annexation would mostly affect Patrol District
7. The annexation would increase the total land mass of District 7 by 9.8
percent. From May 1, 1997 to September 30, 1997, District 7 officers responded
to 678 calls for service that actually required the officer to write a report. During
the same period, King County Sheriffs deputies responded to 55 calls for
service at Enchanted Park. In general, annexing the park would increase the
District 7 officer calls by approximately eight percent. At this point in time, this
would not warrant the need for additional personnel or equipment, however, this
situation may change if the clientele of the park were to change away ÍÌ"om
family-oriented. Presently, Enchanted Park utilizes off-duty King County
deputies to work at the park, and this situation is expected to continue. The
Public Safety Department did have a concern about response time to the park
due to the limited access via the Enchanted Parkway bridge to the park.
v)
Street/Traffic Systems - The only right of way included within the Enchanted
Park annexation is 0.5 miles of Milton Road extending from the Milton Road/
Enchanted Parkway intersection to South 369th Street. Milton Road is a two-
lane street with narrow unpaved shoulders and open ditch storm drainage.
Milton Road is presently used by trucks from Lloyd's Sand and Gravel Pit to
get from the gravel pit to 1-5. Milton Road was overlaid by King County in
1992. The Pavement Management System scores Milton Road between 70 and
90 out of 100. Based on these scores, the road is anticipated to last another six to
eight years based on existing traffic loads. The only operating costs related to
street and traffic associated with the annexed portion of Milton Road would be
for road sweeping, shoulder restoration, mowing, patching, street
channelization, and signage. These costs are shown in Table 4.
vi) Surface Wafer Management - The only anticipated costs associated with
annexing the Enchanted Park site is associated with maintenance of the open
storm water ditches on either side of Milton Road. Associated maintenance
include mowing, grading, debris removal, and pesticide application. These costs
are shown in Table 4.
Enchanted Park Annexation
Staff Report
Page 18
ß.
Summary
The annexation of Enchanted Park is expected to result in the following net
revenues:
1998 = $7,332
1999 = $5,789
2000 = $4,168
2001 = $2,467
2002 = $681
2003 = ($1,194)
XI.
DECISIONAL CRITERIA
A.
Concomilonf Development Agreement
Pursuant to FWCC Section 19-104(d), the applicant has met with a committee of city
representatives to discuss both the concomitant development agreement and the
proposed development regulations for the OP-4 zone. The result of these meetings is
the recommendation being brought forward by the Director of Community
Development Services to the City Council. In addition, pursuant to FWCC Sect ion
19-104(g), the recommendation of the Director of Community Development
Services to the City Council is guided by the following criteria:
iht) The proposed pre-annexation concomitant agreement shall have a
beneficial effect upon the community and users of the development which
would not normally be achieved by traditional application of city zoning
districts and shall not be detrimental to existing or potential surrounding
land uses as defined by the Comprehensive Plan.
Enchanted Park is a unique use which has a regional customer base. The
existing FWCC development regulations did not anticipate such a use. The
concomitant development agreement has been drafted to allow the continuance
of the existing use with opportunity for growth and expansion while taking into
account surrounding land uses and zoning. Furthermore. the November 21, 1995
City of Federal Way Comprehensive Plan designated the Enchanted Park
annexation area as Commercial/Recreation. As stated on page II-16 of said plan.
"The Commercial Recreation designation acknowledges rhe unique recrc(/rirl/1a/
opportunity associated with the Enchanted Park property. Enchanted Park is (/17
indoor/outdoor amusement facility most notedfor its water park. Annexoriol1 of
the park will provide the city with an unique recreational asset. The pork is
located in the City's potential annexation area in a location where urhctn
services are adequately provided..... "
h)
Benefits m~ty include, hut are not limited to, the securing of annexation of
properties:
Enchanted Park Annexation
Staff Report
1\1),l\.' I C)
.
Located on critical transportation corridors;
Of historical significance;
Of environmental significance;
Or to preserve an existing significant land use or community.
.'
.
.
.
The benefit of annexing Enchanted Park is to allow for the continued use of an
existing significant land use which has existed for over 15 years adjacent to city
boundaries. By annexing the area, the city will be able to work with the property
owner in ensuring that the operation and continued existence of the park
conforms to city regulations and complements surrounding land uses.
ii)
Unusual environmental features of the site shall be preserved, maintained,
and incorporated into the design to benefit the development in the
community.
The concomitant development agreement and the development regulations
include language for both the protection and continued use of Mud Lake as an
important park amenity. Artificially-created wetlands are exempted, however.
all other environmentally sensitive areas must conform to FWCC Article XIV,
Environmentally Sensitive Areas.
iii) The proposed pre-annexation concomitant shall provide for areas of
openness by using techniques such as clustering, separation of building
groups, and use of well-designed open space and/or landscaping.
The majority of the site is already developed as a regional commercial
recreational facility. However, as part of the development concomitant
agreement. the south 11.47 acres is proposed to be developed into a parking lot.
The design of this parking lot has provided ample buffers and incorporated an
existing low spot into a detention pond with perimeter vegetation.
iv) It is consistent with the comprehensive plan.
As part of the November 21, 1995 adoption of the City of Federal Way
Comprehensive Plan, the Enchanted Park annexation area included within the
60 percent petition was given a designation of Commercial/Recreation. As
stated on page II-16 of said plan, "The Commercial Recreation designalion
acknmlledges the unique recreational opportunity associated 1vith the
Enchanted Park property. Enchanted Park is an indoor!ouldoor amusement
facility most noted for its water park. Annexation of the park will provide the
city with an unique recreational asset. The park is located in the City's potentia!
annexation area in a location where urban services are adequalely
.d d "
provl e.....
Enchantç:d Park Annexation
Staff Report
Page 20
v)
It is consistent with the public, health, safety, and welfare.
The proposed concomitant development agreement is consistent with the public
health, safety, and welfare. Provisions of the agreement are intended to set up a
review process and standards for all future uses in the Enchanted Park property.
All applicable city, state, and local public health and safety regulations will
apply to these uses, except as otherwise set forth in the concomitant
development agreement.
B.
Development RegulationsjÒr the Offìce Park 4 (OP-4) Zone
Pursuant to FWCC Section 22-523, the City Council shall approve the recommended
zoning development regulations if:
i)
The proposed amendment is consistent with the applicable provisions of the
comprehensive plan.
As part of the November 21,1995 adoption of the City of Federal Way
Comprehensive Plan, the Enchanted Park annexation area included within thc
60 percent petition was given a designation of Commercial/Recreation. As
stated on page II-16 of said plan, "The Commercial Recreation designation
acknowledges the unique recreational opportunity associated with the
Enchanted Park property. Enchanted Park is an indoor/outdoor amusement
jàcility most notedfor its water park. Annexation of the park H.,ill provide the
city with an unique recreational asset. The park is located in the City 's Imtel1tia!
annexation area in a location where urban services are adequately
provided..... "
The adopted comprehensive plan acknowledged the unique nature of the site
and intended for zoning to be adopted which would allo'v\' continued use and
expansion of existing and similar uses. The proposed OP-4 development
regulations allows for these uses. and is, therefore. consistent with the
comprehensive plan.
ii)
The proposed amendment bears a substantial relation to public health,
safety, or welfare.
The proposed development regulations are consistent with the public health.
safety, and welfare. The development regulations are intended to set up a revic\v
process and standards for all future uses. All applicable city, state. and local
public health and safety regulations will apply to these uses.
iii) The proposed amendment is in the best interest of the residents of the city.
Enchanted Park Annexation
Staff Report
Page::; I
XII.
The proposed OP-4 development regulations are part of a concomitant
development agreement between Enchanted Park Inc., and the City of Federal
Way to guide future development within the annexation area. By annexing the
area, the city will be able to work with the property owner in ensuring that the
operation and continued existence of the park conforms to city regulations and
complements surrounding land uses. therefore. the proposed amendment is in
the best interest of the residents of the city.
FINDINGS
1.
The proposed annexation area is within the City of Federal Way Potential
Annexation Area. The City of Federal Way Comprehensive Plan states that cities are
the appropriate provider of urban services to urban areas. Through annexation and
imposition of Federal Way Development regulations. development within this area
will be governed by said regulations
2.
The City Council accepted the ten percent petition and directed staff to prepare a
concomitant development agreement to govern the annexation
.,
-'.
The proposed annexation area has been given a comprehensive plan designation of
Commercial/Recreation by the City of Federal Way with a zoning of Office Park -I
(OP-4), both having the goal of allowing the existing and continued use of the site as
a regional commercial recreational facility. The proposed OP-4 development
regulations will achieve this goal.
4.
The proposed developed regulations for the O-P4 zone and the concomitant
development agreement meet the decisional criteria in FWCC Section 19-1 03(h)(5)
and Section 19-104(g).
5.
Enchanted Park is a unique use in South King County in that it is an indoor/outdoor
amusement facility combined with a water park, with a regional customer base.
6.
None of the city's existing development regulations anticipate such a unique lIse.
7.
The concomitant development agreement has been drafted to allow the continuance
of the existing use with opportunity for growth and expansion while taking into
account surrounding land uses and zoning.
8.
The City of Federal Way Comprehensive Plan, at page II-16, states that Enchanted
Park's Commercial Recreation designation, "... acknowledges the unique
recreational opportunity associated with the Enchanted Park property. AnneX(/lion
o[the park will provide the city with an unique recreational asset. The park is
located in the City's potential annexation area in (/ loc(/tion \I'h('r(' IIrhcl/1 .Ien'ial
.'
Staff Report
Page 22
Enchanted Park Annexation
ore odeqZ/(/lelyprovided... "
9.
Entering into the concomitant development agreement to allow for the annexation or
Enchanted Park will provide benefits to the City of Federal Way by securing
property along the critical transportation corridor of 1-5 and SR 161 (Enchanted
Parkway).
] O. Entering into the concomitant development agreement to allow for the annexation nr
Enchanted Park will provide benefits to the City of Federal Way by allo\ving
continuation of an existing significant land use which has existed for over ten years
adjacent to city boundaries.
I I. Entering into the concomitant development agreement will not be detrimental to
existing or potential surrounding land uses as defined by the Comprehensive Plan.
because the concomitant development agreement contains detailed provisions
addressing, among other things, drainage, landscaping, parking, traffic, height. noise.
and future use. These provisions protect the existing and potential surrounding land
uses fì'om any potential adverse impacts.
] 2. The concomitant development agreement and the development regulations include
language for both the protection and continued use of Mud Lake as an important
park amenity, and for protection of wetlands and sensitive areas on Parcel Q.
13. The concomitant development agreement provides for areas of openness because it
provides that the south 11.47 acres will be developed into a parking lot. The design
of this parking lot has provided ample buffers and landscaping, and will incorporate
an existing low spot into a detention pond with perimeter vegetation.
14. The concomitant development agreement and development regulations are consistent
with the Comprehensive Plan. The plan designates the property Commercial!
Recreational, and the concomitant development agreement and OP-4 development
regulations allow for the continuation of the Enchanted Park regional commercial
recreation use.
15. The concomitant development agreement and development regulations promote
diversity and creativity in site design; protect and enhance natural and community
features; and encourage unique developments that combine a mixture of uses
because they: I) set forth parameters for continuation of the unique Enchanted Park
regional commercial recreational use; 2) provide for future commercial. retail. and
office use of the property: and 3) protect natural features such the wetlands on Parcel
Q.
16. Entering into the concomitant development agreement and adopting development
regulations for property zoned OP-4, bears a substantial relation to the public health.
Enchanted Park Annexation
Staff Report
Pag\..' '::3
safety, and general welfare of the city. The concomitant development agreement and
development regulations allow continuation of a significant use and create a review
process and standards for all future uses in the Enchanted Park property. All
applicable city, state, and local public health and safety regulations will apply to
these uses, except as otherwise set forth in the concomitant development agreement
and/or OP-4 development regulations.
17. The concomitant development agreement and OP-4 development regulations are in
the best interest in the residents of the city, for the reasons stated in Findings 1-16
above, as well as for the reason that the concomitant development agreement and
OP-4 development regulations will provide the city with the benefit of additional
revenues and other economic benefits from potential development under the
concomitant development agreement and OP-4 development regulations. Further. the
city will enjoy the indirect benefits of name recognition fì'om association with the
location of Enchanted Parle
Enchanted Park Annexation
Staff Report
Page 24
XIII.
STAFF RECOMMENDATION
After consideration of the statI report and recommendation, and at the conclusion of the
public hearing, if the City Council finds that all criteria outlined in FWCC Section /9-
JO3(b)(5) and Section J9-JO4 have been met, the City Council may take the following
action:
I.
Accept the 60 percent petition by resolution and direct staff to submit a Notice of
Intent to Annex to the King County Boundary Review Board.
ì
!\'lake a motion to move the ordinance establishing the development regulations for
the Office Park 4 (OP-4 zone) and concomitant development agreement to second
reading.
.,
.).
Make a motion to move the ordinance approving the annexation to second reading.
Pursuant to the requirements of FWCC Section J 9-/ 04(g)(2), staff recommends that the
City Council accept the 60 percent petition and direct staff to tile a Notice of Intent to
Annex to the King County Boundary Review Board. Staff also recommends that the City
Council adopt by ordinance the development regulations for the OP-4 zone and
concomitant development agreement, followed by the adoption of an ordinance
approving the annexation.
Prepared by Margaret H. Clark, AICP
Senior Planner:
ar,~.o.-J
~
Approved by Gregory D. Moore, AICP '# ()
Director of Community Development Services: _é' .flt!Ì'1j J ~ ,.
. 0 (J
Date: February 11, 1998
711 Tirzi
,D,CHTI'DW,ST,\FFRPT CCJlFebrllary II, 1998
Enchanted Park Annexation
Staff Report
Page 25
CONCOMITANT
DEVELOPMENT AGREEMENT
I
I
The City of Federal Way
Enchanted Parks, Inc.
DATE: 1/30/98
I:\ENCHTEDW\CONCOMAG.CC/February II. 1998
TABLE OF CONTENTS
1. Definitions .......................................................3
2. Petition for Annexation .............................................3
3. Establishment of Planning and Zoning .................................4
3.1. Comprehensive Plan ...............................................4
3.2. Zoning '................................................,........4
3.2.1. Permitted Uses ....................................................4
3.2.2. DevelopmentRegulations ...........................................4
3.3. EnvironmentallySensitiveAreas......................................4
3.3.1. MudLake........................................................4
3.3.2. ParkingLotExpansionArea .........................................5
3.3.3. ParcelQ ................................................,........5
3.4. HeightRestrictions.................................................5
3.5. RetaiISales.......................................................6
3.6. StreetVacation....................................................6
4. Conformity of Existing Uses and Development Within the Developed Area. . . . 6
4.1. I-lours of Operation ................................................6
4.2. Improvements ....................................................7
4.2.1. Parking..........................................................7
4.2.2. ExistingParking...................................................7
4.2.3. Signage..........................................................7
4.2.4. Drainage, Water Quality and Parking Lot Expansion. . . . . . . . . . . . . . . . . . . . . . R
4.2.5. PerimeterLandscaping.............................................11
4.2.6. Extensions of Time ...............................................11
4.2.7. OutdoorUses ....................................................12
4.2.8. Access ...........................................,.............12
4.2.9. Lighting ................................................,.......12
4.3. Trame .................................................,.......12
5. UtilityService ...................................................12
6. Mitigation and Impact Fees .........................................12
7. Regulation of Amusement Rides .....................................13
8. Future Improvements ..............................................13
8.1. Maintenance and Renovation Activities Within the Developed Area. . . . . . . . . ] 3
R.2. AmusementRides ................................................13
R.3. ParkingLotExpansion.............................................13
l). ComplianeewithOtherCodes .......................................14
]0. TaxMatters .....................................................]4
]1. ObligationtoAnnex...............................................14
11.1. Failure of Condition..................................... ..........14
11.2. Withdrawal......................................................]5
12. Genera!Provisions................................................15
Concomitant Development Agreement
"~X()hill'ì(,I-~ I!\;(ìl)' DOC 1IJ()/9R
page i ofii
12.l.
12.2.
] 2.3.
12.4.
12.5.
12.6.
12.7.
12.8.
12.9.
12.10.
13.
14.
15.
16.
GoverningLaw ..................................................15
Binding on Successors: Assignment ..................................15
Recording.......................................................15
NoSeverability ..................................................15
Authority .......................................................16
Term of Agreement ...............................................16
Anlendment .....................................................16
Exhibits """""""""""""""""""""""""""..16
Headings """"""""""""""""""""""""""".16
Integration ......................................................17
Indemnification ..................................................17
Compliance .....................................................17
Police Power ....................................................17
EffectiveDate ...................................................17
.'
LIST OF EXHIBITS
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT F-l
EXHIBIT F-2
EXHIBIT G
EXHIBIT H
EXHIBIT I
EXHIBIT J
EXHIBIT K
EXHIBIT L
Legal Description
Site Plan - Structures
Office Park 4 Zone (Op-4) Development Regulations
Site Plan - Parking
Height Restrictions - Area Map
Drainage Improvements (Summary - Complete Text at City Hall) &
October 28, 1997, Letter from ESM, Inc.
Parking Lot Expansion - Site Plan
Parking Lot Expansion - Landscape Plan
Landscaping
Site Plan - Access
Site Plan - Lighting
Site Plan - Development Activities
Traffic Report
Wetlands Report
page ii ofii
Concomitant Development Agreement
u2X()(,() 15361.2 LNGI5'.DOC 1/30/98
CONCOMIT ANT
DEVELOPMENT AGREEMENT
Enchanted Park
THIS AGREEMENT is made and entered into this day of
1998, 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 ENCHANTED PARKS, INc., a Washington corporation
("Enchanted Park").
RECIT ALS
Federal Way has the authority under RCW 36,70B.170-.21 0 and Chapter 19,
Section 104 of the Federal Way City Code (FWCC) and other laws of the State of
Washington to enact laws and enter into agreements to promote the health, safety, and
welfare of its citizens and thereby control the use and development of property within its
jurisdiction, and to undertake the annexation of contiguous property located outside of its
boundaries pursuant to ch, 35A.14 RCW.
Enchanted Park is the owner of certain real pr~perty situated in unincorporated King
County, Washington, which property is more particularly described on EXHIBIT A
attached hereto and incorporated herein by this reference (the "Property" or the
"Enchanted Park Property").
The Enchanted Park Property is presently operated as a Regional Commercial
Recreational facility with an outdoor/indoor amusement facility and water slide and
aquatics park, with associated parking, maintenance, games of skill and chance, food
service and office uses. The Enchanted Park Property is developed generally as shown on
the site plan (the "Site Plan") set forth in EXHIBIT B attached hereto. Enchanted Park
anticipates the need, from time to time, to operate, improve, and expand its existing
operations on the Enchanted Park Property, It is anticipated that the existing use of the
Enchanted Park Property, as it may be modified and expanded, will continue for at least
twenty (20) years.
The City and King County have been conducting certain planning efforts as required
by the Growth Management Act, RCW 36.70A. Both the County and the City have
identified the Property as within King County's Urban Growth Area, and both parties
have previously agreed that the Property is within the potential annexation area of Federal
Way. The Property is currently zoned "Regional Business", "Neighborhood Business"
and "Urban Residential (4 du/ac)" by King County and the zoning map effective
August]. 1996, of the City of Federal Way designates the property OP-4.
Concom itant Development Agreement
#2XO60 15361-2 LNGI5'DOC 1/30/98
A'n'ACHMENT -1 page I of 19
Page 1 of 19
Enchanted Park is contemplating annexation of the Property into the City; however,
Enchanted Park seeks certainty as to the zoning and other regulations which would be
applicable to the Property should it be annexed into the City.
The City is interested in annexing the Property because it is located within the City's
potential annexation area and urban services can be adequately provided. In addition, the
City recognizes numerous public benefits associated with the annexation of the Property,
i.e., managing growth and fiscal benefits, as well as intangible benefits that may be
associated with having Enchanted Park's facility located within the City limits.
The City has reviewed an environmental checklist in connection with this
Concomitant Development Agreement (the "Agreement"). In compliance with the State
Environmental Policy Act ("SEPA") and the City of Federal Way SEPA procedures, the
City prepared an environmental impact statement (EIS) for the City of Federal Way's
Comprehensive Plan, adopted November 21, 1995, and Zoning Ordinance, which EIS
reviewed and considered the Comprehensive Plan and Zoning designation for the
Enchanted Park Property, but did not review the development regulations of the zoning
for the property that are contemplated by this Agreement. The City has reviewed an
Environmental checklist for the proposed actions included within this Concomitant
Agreement and has issued a Determination of NonSignificance and subsequent
Addendum. Future development actions not contemplated in this Agreement shall be
subject to their own SEP A review.
Enchanted Park and neighboring property owners submitted to Federal Way a
petition to commence annexation proceedings. On March 21, 1995, the Federal Way City
Council met to discuss the Enchanted Park Annexation. The Federal Way City Council
directed that for the Enchanted Park Property, Federal Way would adopt upon annexation
specific zoning and land use regulations to govern that property for the period of time set
forth in the Concomitant Development Agreement to be approved by the City Council.
The Federal Way City Council has directed that zoning and development regulations
for the Enchanted Park Property be designed so as to permit the continued operation and
development of the Enchanted Park Property in accordance with its existing use, with
limited expansion and modification of that use allowed, so long as certain operations on
the Property are brought into compliance with City Codes, as outlined by the terms of this
Agreement.
The parties now wish to enter into this Agreement in order to set forth in greater
detail the provisions with respect to Federal Way's administration of zoning and
development regulations, and other municipal authority.
Now, THEREFORE, for and in consideration of the mutual covenants and agreements
contained in this Agreement, the parties hereby covenant and agree as follows:
ATTACHMENT
1
Concomitant Development Agreement
#2¡¡O60 15361.2 LNGI51.1)OC 1/30/98
page 2 of 19
AGREEMENTS
1. DEFINITIONS
F or the purposes of this Agreement, the following terms shall have the meanings set
forth below:
1. "FWCC" shall mean the Federal Way City Code as presently enacted or
hereafter amended.
Î "Enchanted Park Annexation" shall mean the proposed annexation of the
Enchanted Park Property and the King County-owned property legally described in the
. \nnexation petition submitted by Enchanted Parks, Inc. to the City of Federal Way.
However, the terms and conditions of this Agreement shall not apply to the King County-
owned property.
3. "Enchanted Park Property" or "Property" shall mean that certain property
legally described in EXHIBIT A attached hereto.
4. "Land Use Codes" shall mean those regulations, ordinances and rules of the
City of Federal Way governing the use and development of land, including without
limitation, chapters 18 through 22 of the FWCC, as may hereafter be amended.
5. "Regional Commercial Recreational Facility" shall mean a use operated for
protìt 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.
6.
"Zoning Code" shall mean Chapter 22 of the Federal Way City Code.
2. PETITION FOR ANNEXATION
The parties understand that Enchanted Park has filed a petition for annexation with
the City conditioned on obtaining a Concomitant Development Agreement adopted by the
City Council. The parties agree that no notice of intent to annex or annexation action may
be tìled with the Boundary Review Board until this Concomitant Development
Agreement has been fully executed by both parties and the City has adopted the
pre-annexation land use zoning regulations set forth in Section 3. herein by ordinance. In
the event pre-annexation land use zoning regulations acceptable to Enchanted Park is not
approved by the City by July 1, 1998, then Enchanted Park may withdraw its support for
this annexation. Following execution of this Concomitant Development Agreement the
City agrees to submit to the Washington State Boundary Review Board of King County
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("BRB") a notice of intent to annex the Property described in the petition for annexation.
3. ESTABLISHMENT OF PLANNING AND ZONING
3.1. Comprehensive Plan
The City Council has lawfully established a "Commercial Recreation" classification
for the Property on the City official comprehensive plan map, pursuant to FWCC Section
19-100(b) and the City of Federal Way's Comprehensive Plan.
3.2. Zoning
If the petition for annexation is approved by the City, and BRB review is not
invoked, or in the alternative, if BRB jurisdiction is invoked but the review process
sustains the petition for annexation, then the City shall lawfully adopt an ordinance
annexing the Property subject to application of the Office Park-4 Zone, and the OP-4
development regulations; Exhibit C, hereto. The City may also, upon approval of the
petition for annexation, simultaneously adopt an ordinance annexing the property
effective upon passage of forty-five (45) days or issuance ora BRB decision sustaining
the annexation if BRB jurisdiction is invoked.
3.2.1. Permitted Uses
All those uses permitted in the OP-4 zone, as set forth in this Agreement and
EXHIBIT C attached hereto, shall be permitted on the Enchanted Park Property.
3.2.2. Development Regulations
The development regulations for the Property shall be those applicable to the
OP-4 zone as set forth in this Agreement, and by the provisions of EXHIBIT C,
attached hereto.
3.3. Environmentally Sensitive Areas
3.3. 1. Mud Lake
As discussed in Exhibit l, "Enchanted lake" or "Mud Lake" was, at one time, a
wetland located on the Property. Over the past twenty (20) years, King County
allowed urban development in the area and in a manner that caused the wetland to
cease functioning as a wetland. At this point, the water body essentially functions as
a surface water detention facility and provides an aesthetic amenity for the complex.
As a surface water retention pond in a closed depression, "Mud Lake" is not subject
to regulation under Chapter 18, Article III, "Shoreline Management" or Chapter 22,
Article XIV, "Environmentally Sensitive Area" of the FWCC.
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3.3.2. Parking Lot Expansion Area
A portion of the area north of South 369th Street proposed for parking lot
expansion is wet as the result of drainage activity from Mud Lake. Since this area
has become wet as the result of artificially created drainage, it is exempt from
regulation, pursuant to the OP-4 development regulations, Section V.B, contained
within EXHIBIT C heretO.
3.3.3. Parcel Q
Enchanted Park acknowledges that any areas classified as environmentally
sensitive pursuant to Chapter 22, Article XIV of the "Environmentally Sensitive
Areas" of the FWCC and located on Parcel Q, shown on EXHIBIT J, have not been
artificially, intentionally or accidentally created by human activity and do not fall
within the exemption contained in Section V.B of the OP-4 development regulations
contained within EXHIBIT C hereto.
3.4. Height Restrictions
The following height restrictions shall be applied to the areas, as designated on
EXHIBIT E, within the OP-4 Zone:
HEIGHT RESTRICTIONS
:2
55' base height,
maximum height 75"
Non-Regional Commercial
Recreational Facility Uses
3 stories or 35',
whichever is greater
55' base height, maximum of70', for
office use'
55' base height, maximum of75' for
hotels'
35' base height, maximum of 55' for all
other uses'
Area
Number
Regional Commercial
Recreational Facility Uses
35'
3
125'
55' base height, maximum of 70', for
office use'
55' base height, maximum of 75' for
hotels S
35' base height, maximum of 55' for all
other uses'
I f approved through Process III, the height of the structure may exceed the base
height, up to the maximum height, provided each required yard abutting the
structure is increased I' for each I' the structure exceeds the base height above
average building elevation.
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3.5. Retail Sales
Retail sales, general and specialty, shall be allowed on the Property, not to exceed
100,000 square feet of gross floor area, provided that development of any retail sales on
Parcel Q, as legally described in EXHIBIT A hereto, shall not count against such limitation.
3.6. Street Vacation
The City shall support, or upon annexation of the Property will complete the process
for vacation of right-of-way currently pending before King County, File No. 9400935,
provided only that portion of the right-of-way not needed for potential widening of
Milton Road is vacated.
4. CONFORMITY OF EXISTING USES AND DEVELOPMENT
WITHIN THE DEVELOPED AREA
The City agrees that, upon annexation, all existing uses, buildings and development
on the Property may continue in existence as is, and will not require alteration to conform
to any different Federal Way standards, except as provided for elsewhere in this
Agreement or otherwise required to meet uniform fire safety codes and other life/safety
requirements under the UFC and UBe. Nothing in this section shall constitute a warranty
of any kind by the City, including the habitability of existing structures. This Agreement
contemplates that renovation and certain redevelopment of the Regional Commercial
Recreational Facility uses currently located on the Enchanted Park Property may occur
without imposing upon Enchanted Park the need or the requirement to undertake
improvements or to change existing uses and structures to conform to the current FWCC,
except as otherwise required by this Agreement. The provisions of Chapter 22, Article IV
"Nonconformance" FWCC, shall not be applied to the Regional Commercial Recreation
Facility uses in existence within the developed area as shown on EXHIBIT Bas of the date
of this Agreement, but shall apply to all other Regional Commercial Recreational
Facilities outside of the developed area and any new Non-Regional Commercial
Recreational Facilities on the Property subsequent to the date of this Agreement.
4.1. Hours of Operation
The normal hours of operation for the 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 .I) 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
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directed by the Director of Community Development Services, noise and lighting to
minimize any impacts to the developed adjacent residential areas.
".2. Improvements
-1.2. J Parking
The parking areas and vehicle loading areas indicated on the parking plan
attached as EXHIBIT 0 constitute sufficient parking to support the uses of the
Enchanted Park Property existing on the date of this Agreement, and the physical
development and layout of such parking (including but not limited to stall width,
drive aisle width and location, surface improvement, landscaping and drainage) may
continue in existence subject to the provisions of this Agreement.
-1.2.2. Existing Parking
Enchanted Park will maintain the existing number of baseline parking stalls as
shown on EXHIBIT D at all times. If expansion of Regional Commercial Recreational
uses is proposed to occur on existing parking lots, the lost parking stalls shall be
replaced to maintain the number of baseline parking stalls shown on EXHIBIT D.
These new stalls shall be constructed consistent with FWCc. For example, if new
water slides are added to the park by expansion into an existing parking lot, the lost
parking stalls will be replaced to maintain the baseline parking requirement.
If expansion of Regional Commercial Recreational uses occurs outside of the
existing boundary lines of the Park, as shown on EXHIBIT J, additional parking stalls
shall be added to the baseline parking stalls in an amount determined by the City, to
accommodate expansion or intensification of the facility. Enchanted Park shall
submit documentation that the additional stalls, if any, will appropriately
accommodate the proposed expansion. If the expansion also displaces any existing
parking stalls, the lost stalls will be replaced to maintain the number of baseline
parking stalls shown on EXHIBIT D. Any required new parking stalls shall be
constructed consistent with FWCC in effect at the time of the expansion.
If Enchanted Park proposes to add new uses which are not part of the Regional
Commercial Recreational Facility Use to the park operation, additional parking shall
be added to the baseline parking requirement consistent with the FWCc. I f the ne\\
use displaces any baseline parking stalls, those stalls shall also be replaced.
.:t. 2. 3. Signage
Lighting and signage integral and accessory to amusement rides installed on the
Enchanted Park Property, and incidental and decorative lighting (such. for example.
lighting or laser light displays), shall not be regulated as "signs" under the FWCc.
All signs on the Enchanted Park Property shall comply with applicable provisions of
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the Federal Way Sign Ordinance, codified at FWCC 22-335 and Article XVIII of the
FWCC, or as amended, or shall comply with EXHIBIT C, as applicable.
4.2.4. Drainage, Water Quality, and Parking Lot Expansion
Certain mitigation measures, as set forth in Section 4.2.4.1 below, and based
upon the drainage and water quality study contained in the attached EXHIBIT F, are
required to control the flow and quality of runoff from the Property. Enchanted Park
shall be required to maintain the drainage and water quality facilities described in
EXHIBIT F and the City acknowledges that such facilities, with the provisions
required by Section 4.2.4.1 are adequate for Regional Commercial Recreational
Facilities on the property. A new drainage and/or water quality study and additional
drainage or water quality improvements shall be required, however, if: 1) 75% or
more of the annexation area is redeveloped or proposed to be redeveloped into uses
other than Regional Commercial Recreational Facility uses; 2) the drainage
improvements serving the Property no longer meet state or federal drainage or water
quality requirements; or 3) water leaving the Property fails to meet the then
applicable water quality requirements.
Approval Process - Parking Lot Expansion
The proposed 1,065 parking lot expansion on the southern 11.47 acres (Parcel V
as described on EXHIBIT A) will be granted Process III/Project Approval effective
upon annexation. The layout of the improvements and use of Parcel V for parking
has been reviewed and approved by the City contingent on meeting all required
codes except as otherwise set forth in this agreement, and subject to approval of the
annexation by the City Council. Prior to construction of any phase of the parking lot,
final approval of the construction plans in conformance with the approved drainage
study and all other city requirements must be obtained. The City will issue the
necessary permits for the Phase I parking improvements within thirty (30) days after
receiving the necessary permit applications for Phase I following the effective date
of the annexation. In addition, construction of the Phase I parking improvements
may only occur once the Part I drainage improvements have been completed.
Process III/ Project Approval for Phases I and II of the parking lot expansion shall be
effective for seven (7) years from the date of approval.
Drainage Improvements
Part I Drainage Improvements - These improvements consist of construction
of pumping modifications necessary to operate Mud Lake as proposed in the
Drainage System Evaluation of the Enchanted Village/Wild Waves Site, and water
quality measures as described in the October 28, 1997 letter from ESM, Inc. EXHIBIT
F. They will include construction of a temporary control structure on the north side
of the roadway fill of South 369th Street, and embankment compaction of the
roadway fill from the control structure to the elevation of the control structure
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overnow pipe. These requirements will allow the pumped discharge tì'om Mud lake
to meet the requirements of the approved drainage study referenced above. These
improvements shall be installed no later than September 30, 1998.
Pumping Station Operation
To assure reliable and safe operation of the new pumping station, Enchanted
Park, Inc. shall comply with the following, which shall be included as conditions ot'
any permits granted for the improvements described in Sections 4.2.4 and 4.2.4.1 :
Pumping shall be automatic, and shall be controlled by float switches or simi 1m
sensors. Manual backup capabilities shall be provided for use in the event there is a
control malfunction.
A high-water alarm shall be provided to notify security in the event the lake
level exceeds a predetermined level. This feature will allow maintenance personnel
to determine what is causing the pumping problem and to correct the problem bet'ore
there is a danger of exceeding the maximum allowable lake levels.
Enchanted Parks personnel shall be trained in the use and maintenance of the
pumping station, and shall keep an operations and maintenance manual in the station
to guide them in taking care of the facilities, and in troubleshooting any problems.
The pump station shall be equipped with lights and a heater to assure proper
operation during winter months.
Two pumps (one for standby) shall be provided. The pumps shall be operated
alternatively, to minimize excessive wearing on either pump. A run time meter shall
be provided on each pump to show the amount of actual pumping time, and to assist
with scheduling maintenance work.
Drainage Improvements - Parking Lot Expansion
Parr 11 Drainage Improvements - These improvements consist of the proposed
1,065 parking lot proposed for the 11.47-acre Parcel V. The parking lot expansion is
proposed to occur in two phases, and at the option of Enchanted Park, the second
phase of the parking lot improvements can be completed in two steps instead of one.
provided that neither step is undertaken prior to the year 2002.
Phase I Parking - The first phase of the parking lot expansion will drain into
!\I1ud Lake per the approved drainage plan. This work will consist of clearing,
grading. erosion-control measures, and construction of an asphalt-surfaced parking
lot for approximately 393 stalls on approximately 3.5 acres immediately east of
Milton Road and south the existing parking lot. Excess material removed tì'om the
Phase 1 parking area may be stored on the site, as shown on a Grading plan approved
1
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#2806l) 15361-2 LNGI5'DOC 1/30/98
by the City, provided the stockpiled material does not exceed] 5,000 cubic yards and
is stockpiled consistent with the Grading plan. This stockpiled material will be used
as fill material for the Phase II parking lot construction. Per the October 28, 1997,
correspondence from ESM, Inc., water quality for the existing developed site
(approximately 47 acres) as of the effective date of annexation is handled by Mud
lake which acts as a wet pond for the existing developed site, having approximately
1.89 times the required volume of 212,782 cubic feet.
Phase 11 Parking - The second phase of the parking lot expansion will include
clearing and grading as required to build the oversized detention ponds/wet pond in
conformance with the Drainage System Evaluation a/the Enchanted Village/Wild
Waves Site, EXHIBIT F, and construction of the remaining parking lot. In this
scenario, the clearing, grading and landscaping for the entire remaining site would be
completed. The clearing and grading of the entire Phase II must be completed at one
time even though the parking may be constructed in two steps due to the need to
balance the earthwork on-site. If Enchanted Park decides to complete Phase II in two
steps, the first step would include the construction of only a portion of the parking
lot and the construction of the oversized detention pond/wet pond, with the
remainder of the site being hydro seeded to control erosion until the second step of
the Phase II parking, consisting of paving and striping, is completed. Any area
cleared and graded in Phase II shall require the installation of the perimeter
landscaping for the affected area, consistent with the Parking Landscaping Plan,
EXHIBIT F-2.
Water quality for Phase II parking lot improvements will be handled by the
oversized detention pond/wet pond and appropriate water quality control measures.
All drainage and water quality improvements shall be completed concurrent with any
clearing and grading activities.
Drainage - Permits
So long as Enchanted Park is proceeding in good faith and with due diligence to
satisfy its obligations hereunder, and has submitted plans for such improvements to
the City at least six (6) months in advance of the respective compliance date, the
obligation of Enchanted Park under Section 4.2.4 shall be conditioned upon the
timely issuance by Federal Way and other agencies with jurisdiction of such permits
as may be required to authorize the improvements. If such compliance is delayed as a
result of the failure of an agency (other than Federal Way) to issue permits or
approvals required for this work, then the time for Enchanted Park's compliance
shall be extended as necessary to accommodate such delays, provided that Enchanted
Park posts a bond or other security acceptable to the City in an amount sufficient to
secure the cost of such work.
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-/2. 5 Perimerer Landscaping
Certain landscaping measures set forth in Section 4.2.5.1 below are required.
The landscaping improvements for the replacement parking area as the result of the
development of to the "Wild Thing" amusement ride shall be consistent with the
existing landscaping on the parking lot to the south of the amusement ride and shall
be completed no later than ninety (90) days after the effective date of the
Annexation.
Landscapin?; improvements
Enchanted Park shall complete landscaping improvements to the perimeter
landscape areas on the Enchanted Park Property as set forth on EXHIBIT G:
Phase 1:
Phase 2:
Phase 3:
November 31, 1999
November 31,2000
November 31,2001
Proposed Parking Facility: Upon completion of the proposed parking facilities
as described in EXHIBIT F-l, or upon completion of each phase of such parking
facility, adjacent perimeter landscape areas, as shown on EXHIBIT F-2 shall also be
completed, except as described in Section 4.2.4.4
So long as Enchanted Park is proceeding in good faith and with due diligence to
satisfy its obligations hereunder, and has submitted plans for such improvements to
the City at least six (6) months in advance of the respective compliance date, the
obligation of Enchanted Park under this subsection shall be conditioned upon the
timely issuance by Federal Way of a grading permit or other authorization, if
required to permit the landscaping improvements. If such compliance is delayed as a
result of the fàilure of an agency other than Federal Way to issue permits or
approvals required for this work, then the time for Enchanted Park's compliance
shall be extended as necessary to accommodate such delays, provided that Enchanted
Park posts a bond or other security acceptable to the City in an amount sufficient to
secure the cost and performance of such work.
4.2.6. Extensions of Time
Enchanted Park may petition the City for extension of any of the compliance
dates set forth above, and the Director of Community Development Services may
grant such extension for a reasonable period necessary to allow completion of the
work, so long as Enchanted Park has made good faith efforts to comply \\ith the
stated compliance date, and posts bonds for 1.2 times the value of the work.
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-1.2.7. OUldoor Uses
.'
Such Regional Commercial Recreational Facility uses as Enchanted Park does
now or may hereafter conduct outdoors on the Enchanted Park Property under this
Agreement are permissible outdoor uses.
4.2.8. Access
The access and driveway locations on the Enchanted Park Property existing as
of the date hereof, as shown on the access plan marked as EXHIBIT H attached hereto,
arc hereby acknowledged by the City and no changes to such improvements for the
existing uses will be required by the City. This does not supersede the jurisdiction of
the Washington State Department of Transportation regarding the driveway onto
Enchanted Parkway from the Enchanted Park Property. Direct vehicle access to
South 369th Street shall be prohibited so long as the Enchanted Park Property is
utilized as an Amusement Park.
4.2.9. Lighting
The lighting of the Enchanted Park Property existing as of the date hereof, as
shown on the lighting plan attached hereto as EXHIBIT I, is hereby acknowledged by
the City and no changes to such improvements for the existing uses will be required
by the City.
4.3. Traffic
As of the date of this Agreement, the parties agree that the traffic generated by the
uses and activities on the Enchanted Park Property is as set forth in EXHIBIT K, attached
herein and incorporated herein. In the review of any future expansion of the water slide
park and amusement park uses on the Property, the City shall recognize an occupant-
to-vehicle ratio 01'2.5 for such uses, consistent with the traffic report, EXHIBIT K.
5. UTILITY SERVICE
The City agrees to furnish all municipal services to the Property in the event it is
annexed, to the extent the City controls the municipal services either directly or by
contract.
6. MITIGATION AND IMPACT FEES
Except as otherwise provided for in the 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,
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sidewalk, or other public improvements may be required under FWCC Section 22-1473.
Enchanted Park shall be entitled to conduct uses and activities throughout the year on the
Property that do not exceed the average daily and peak hour traffic levels identified in
EXHIBIT K, without the need or requirement to pay mitigation or impact fees of any kind:
provided that use or development that exceeds such traffic levels in the future shall be
subject to such mitigation fees as the City may prescribe by ordinance. In the event traffic
development fees or mitigation is imposed, the City agrees that it will allow Enchanted
Park to utilize a "pay and go" system, under which the payment of the applicant's fair
share impact fee or construction of any required on or off-site improvements will
consti tute full ofT-site mitigation, and shall satisfy any concurrency requirement of the
City under the Growth Management Act; provided traffic study safety needs are
addressed to the satisfaction of the City's Public Works Director.
7. REGULATION OF AMUSEMENT RIDES
During the term of this Agreement and consistent with state law, regulation of the
operation of amusement rides on the Enchanted Park Property, including licensing and
inspection of such rides, shall be solely governed by the State of Washington Department
of Licensing (or successor state agency) and Federal Way shall not exercise such
regulatory authority, except as may be necessary pursuant to adopted Building Code
requirements. Federal Way will continue to perform the annual electrical inspection that
were previously performed by the Washington State electrical inspector.
8. FUTURE IMPROVEMENTS
Enchanted Park anticipates and the City acknowledges that, during the term of this
Agreement, certain renovation, repair, maintenance, expansion and redevelopment of the
Enchanted Park Property will occur, as set forth in this Agreement.
8.1. Maintenance and Renovation Activities Within the Developed Area
Enchanted Park shall be authorized to conduct all routine maintenance, repair, and
renovation activities as may be necessary or prudent in order to upgrade the existing
facilities or uses in the Enchanted Park Property without the need for permit approvals,
è'\cept, if applicable, electrical and tenant improvement permits. Any such activities will
not require existing structures to be moditìed to comply with the F-'WCc' except to the
extent necessary to comply with emergency service access, tìre code and/or life-safety
code requirements as contained in the City's adopted UBC and UFC,
8.2. Amusement Rides
Within the area identified as "Development Area" on ExHIBIT.T, Enchanted Park,
~hall be entitled, from time to time and at its discretion, to move existing or add
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additional Regional Commercial Recreational Facilities, subject only to Article IV.A..
Process I - Director's Approval or as set forth in Section 3.4 - Height Restrictions, and
SEP A, if applicable.
8.3. Parking Lot Expansion
Enchanted Park shall be permitted to expand its parking facilities in three phases. at
its option. as described on EXHIBIT F-l and EXHIBIT F-2, and Section 4.2.4. The parking
area shall be constructed in accordance with Federal Way City Codes; and Enchanted
Park shall be required to implement the drainage improvements set forth in Section 4.2.4
above in connection with any such development.
9. COMPLIANCE WITH OTHER CODES
Enchanted Park acknowledges that nothing in this Agreement shall be construed to
relieve it of the obligation to comply with such statutes, codes, or regulations as may be
applied to or enforced against the uses and activities on the Enchanted Park Property by
agencies with jurisdiction other than Federal Way.
10. TAX MATTERS
If Federal Way imposes any fee, tax, or other monetary charge based upon the use of
the Enchanted Park Property, including without limitation, ticket taxes, admissions taxes
or fees, or concessions taxes (an "Admission Tax") during the term of this Agreement, in
consideration of the substantial cost to Enchanted Park of the improvements required
under this Agreement, and to the extent authorized by law, Federal Way agrees that any
Admission Tax will not be imposed upon any activities on the Property for a period of
twelve (12) months following notice to Enchanted Park of the proposed tax. This Section
shall not limit the City from imposing its local option business and occupation tax in
accordance with state law.
11. OBLIGATION TO ANNEX
The parties may elect to withdraw from this Agreement as follows:
11.1. Failure of Condition
F or purposes of this Agreement, the condition (as set forth in Sections 2 and 3
above) requiring adoption by the Federal Way City Council of certain ordinances shall
not be deemed to be satisfied until such ordinances shall be adopted in proper form and
substance and until all appeal periods with respect to such ordinances (or any review
conducted in connection with such ordinances) shall have passed without any appeals
having been filed. A IT ACHMENT 1
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t t .2. Withdrawal
Although Federal Way agrees to hold an annexation hearing as provided in
Section 2. nothing in this Agreement obligates Federal Way to adopt a final annexation
ordinance annexing any portion of the annexation area nor to adopt this Agreement. but if
Federal Way does not do so prior to July I, 1998, then Enchanted Park may withdraw
from this Agreement as provided in this Agreement. Upon Federal Way's adoption of the
Annexation Ordinance and approval of this Agreement by both parties, this Agreement
shall be binding upon Federal Way and Enchanted Park. Nothing in this Agreement shall
prevent the annexation of the Enchanted Park Property by Federal Way, upon proper
fulfillment by Federal Way of all petition and election procedures in accordance with
State lav,:.
12. GENERAL PROVISIONS
12.1. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of
the State of Washington.
12.2. Binding on Successors; Assignment
This Agreement is intended to protect the value of the Enchanted Park Property, as
well as the public health, safety, and welfare of the City of Federal Way, and the benefits
and burdens inuring to the Property and the City as a result of this Agreement shall run
with the land and shall be binding upon Enchanted Park, its heirs, successors, and assigns
and upon the City Federal Way, for the term of this Agreement. This Agreement and its
benefits or burden shall be assignable by Enchanted Park, and to the extent a successor or
assign assumes the obligations of Enchanted Park under this Agreement, Enchanted Park
shall have no further liability or obligations under this Agreement.
12.3. Recording
This Agreement or memorandum hereof shall be recorded against the Enchanted
Park Property as a covenant running with the land and shall be binding upon Enchanted
Park, its successors and assigns. If this Agreement is terminated, Federal Way will
execute appropriate documents to so indicate.
t 2A. No Scverabilit).
The provisions of this Agreement are not severable. In the event any provisions of
this Agreement are determined to be unenforceable or invalid by a court of law, then this
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Agreement shall thereafter be rendered voidable at the option of either party, which
option shall be exercised in writing no later than ten (10) business days after the court
determination or thereafter shall be deemed waived. Provided, that no such determination
of invalidity occurring after the effective date of annexation shall affect the validity of the
annexation.
12.5. Authority
Federal Way and Enchanted Park each represent and warrant to the other that it has
the respective power and authority, and is duly authorized to execute and deliver this
Agreement. Enchanted Park represents and warrants that it is the fee owner, contract
purchaser, or lessee of the Enchanted Park Property.
12.6. Term of Agreement
This Agreement shall remain in full force and effect for twenty (20) years from the
effective date of this Agreement unless terminated prior to that date by the mutual
agreement of the parties or by the City pursuant to Section 14 of the Concomitant
Development Agreement.
12.7. Amendment
This Agreement and attached exhibits may be modified only by a written instrument
duly executed by both parties. In the case of a proposed major modification by Enchanted
Park to the land use provisions set forth in this Agreement and Exhibits, the Process VI
procedures of the FWCC shall be utilized. At the request of Enchanted Park, the Director
of Community Development Services may authorize minor modifications to the land use
provisions set forth in this Agreement if the Director of Community Development
Services determines that a proposed modification to this Agreement does not constitute a
"major" modification hereunder. No such modification may impair or restrict the existing
uses or development of Enchanted Park under this Agreement; provided, however,
notwith-standing the provisions of this Agreement to the contrary, the City of Federal
Way may. without the agreement of Enchanted Park, adopt and impose upon the
Enchanted Park Property restrictions and development regulations different than those set
forth herein, if required by a serious threat to public health and safety.
12.8. Exhibits
Exhibits A through L attached hereto are incorporated herein by this reference as if
tùlly set forth.
12.9. Headings
A TT ACHMENT
Page 16 of 19
1
Concomitant Development Agreement
#2X()6() 15361-2 LN(jI5'.DOC 1/3()/9X
page 16 0 f 1 9
The headings in this Agreement are inserted for reference only and shall not be
construed to expand, limit or otherwise modify the terms and conditions of this
Agreement.
12.10, Integration
This Agreement and Exhibits represents the entire agreement of the parties with
respect to the subject matter hereof. There are no other agreements. oral or written. except
as expressly set forth herein.
13. INDEMNIFICATION
Enchanted Parks, Inc. releases and agrees to defend, indemnify, and hold harmless
the City and all of its elected and appointed officials and its employees from all liability,
claims. appeals, and costs, including the costs of defense of any claim or appeal, arising
in connection with the annexation of the Enchanted Park Property and this Agreement,
except to the extent resulting from the sole negligence of the City or its officers, agents,
or employees in performance of this Agreement.
14. COMPLIANCE
In the event Enchanted Park shall fail to satisfy any of its obligations under this
Agreement, the City shall have the right to exercise any remedy at law or in equity to
compel the performance of such obligation, including such remedies as may be provided
under the enforcement provisions of the Land Use Code. In addition, Enchanted Park's
~1Î!ure to satisfy any of its material obligations in this Agreement shall constitute a breach
of contract and shall be grounds for termination of this Agreement by the City.
15. POLICE POWER
Nothing in this Agreement shall be construed to diminish or restrict the police
powers of Federal Way as granted by the Washington State constitution or by general
law, but this agreement is an exercise of Federal Way's authority granted under
RCW 35A.14.330, and 1995 Washington State Laws, ch. 395, §§ 501-506 and other
powers.
16. EFFECTIVE DATE
This Agreement shall become effective upon the effective date of the City Ordinance
approving this Agreement and approval of the Agreement by both parties.
Dated as of the date first above written.
ATTACHMENT
Page 17 of 19
1
Concolll ¡tant Development Agreement
#2XO60 15361-2 LNGI5'DOC 1/30/98
page 17 of 19
CITY OF FEDERAL WAY.
a Washington municipal corporation
By
Name
Title
ENCHANTED PARKS. INc..
a Washington corporation
By
Name
Title
STATE OF WASHINGTON
}
ss.
COUNTY OF KING
On this day personally appeared before me , to me known
to be the of the CITY OF FEDERAL WAY. the municipal
corporation that executed the foregoing instrument, and acknowledged such instrument to be
the free and voluntary act and deed of such a municipal corporation, for the uses and
purposes therein mentioned, and on oath stated that [he/she] was duly authorized to execute
such instrument.
GIVEN UNDER MY HAND AND OFFICIAL SEAL this - day of
, 1998.
Printed Name
NOTARY PUBLIC in and for the State of
Washington, residing at
My Commission Expires
A TT ACHMENT
Page 18 of 19
1
Concomitant Development Agreement
#2XO60 15361-2 LNGI51DOC 1/30/98
page 18 of 19
STATE OF WASHINGTON
}
ss.
COUNTY OF KING
On this day personally appeared before me , to me known
to be the of ENCHANTED PARKS, INc., the corporation that
executed the foregoing instrument, and acknowledged such instrument to be the free and
voluntary act and deed of such corporation, for the uses and purposes therein mentioned, and
on oath stated that [he/she] was duly authorized to execute such instrument.
CJi\l::i\; L.'i\;DER MY HA~D AND OFFICIAL SEAL this - day of
, 1998.
Printed Name
NOTARY PUBLIC in and for the State of
Washington, residing at
My Commission Expires
A TT ACHMENT
Page 19 of 19
I
Concomitant Development Agreement
#2RO60 15361-2 LNGI5t.DOC 1/30/98
page 19 of 19
EXHlbl r A
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A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM
Enchanted Parks
Job No. 163-03-950-006
October 16, 1997
EXHIBIT ~
PAGE-LOF -'-
LEGAL DESCRIPTION FOR ANNEXATION
TO THE CITY OF FEDERAL WAY
Those portions of the southwest quarter of Section 28 AND of the southeast quarter of Section
29 AND of the northeast quarter of Section 32 AND of the northwest quarter of Section 33, ALL
in Township 21 North, Range 4 East, W.M., King County, Washington, being more particularly
described as follows:
BEGINNING at the northeasterly comer of Parcel "Z" of "Regency Woods Division I"
according to the plat thereof recorded in Volume 154 of Plats, Pages 81 through 97, inclusive,
Records of King County, Washington;
THENCE southeasterly along the northeasterly line of said parcel, said line being coincident
with the southwesterly margin of Enchanted Parkway (AKA SSH No. 5-0 I Kit Comer Road
South I SR 161) to the northwesterly margin of 19th Way South as shown on said plat;
THENCE southwesterly along said northwesterly margin to the northerly margin of South 369th
Street as shown on the plat of "Regency Woods Division 2" according to the plat thereof
recorded in Volume 156 of Plats, Pages 16 through 20, inclusive, Records of King County,
Washington;
THENCE westerly along said northerly margin and the westerly extension thereof to the easterly
margin of SR 5 (AKA PSH No. I), also being the City of Federal Way Limits 4S defined by King
County Code Ordinance No. 8779;
THENCE northerly along said easterly margin to said southwesterly margin of Enchanted
Parkway;
See attached Exhibit "B".
EXP1P.ES
THENCE southeasterly along said southwesterly margin to the
POINT OF BEGINNING.
Written by: c.A.F.
Checked by: R.I. W.
\\esm\sys\wrd-proc\lcgal\ 1630304.doc /0/ /7/17
720 South 348th Street. Federal Way, Washington 98
Federal Way (206) 838-6113 . Tacoma (206)927-0619 . Seattle (206) 623-S911 . Fax:
(206) 838-7104
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TO ACCOMPANY LEGAL DESCRIPTION FOR ANNEXATION
A PORTION OF SECTIONS 28, 29, .32 AND .3.3,
TWP, 21 N" RGE, 4 E., W.M" PARCEL OWNERSHIP
KING COUNTY, WASHINGTON
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A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM
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Job No. 163-03-950-006
October 16, 1997
EXHIBIT ~
PAGE---LOF -..&
LEGAL DESCRIPTION FOR ANNEXATION
TO THE CITY OF FEDERAL WAY
Those portions of the southwest quarter of Section 28 AND of the southeast quarter of Section
29 AND of the northeast quarter of Section 32 AND of the northwest quarter of Section 33, ALL
in Township 21 North, Range 4 East, W.M., King County, Washington, being more particularly
described as follows:
BEGINNING at the northeasterly comer of Parcel "2" of "Regency Woods Division I"
according to the plat thereof recorded in Volume 154 of Plats, Pages 81 through 97, inclusive,
Records of King County, Washington;
THENCE southeasterly along the northeasterly line of said parcel, said line being coincident
with the southwesterly margin of Enchanted Parkway (AKA SSH No. 5-0 / Kit Comer Road
South / SR 161) to the northwesterly margin of 19th Way South as shown on said plat;
THENCE southwesterly along said northwesterly margin to the northerly margin of South 369th
Street as shown on the plat of "Regency Woods Division 2" according to the plat thereof
recorded in Volume 156 of Plats, Pages 16 through 20, inclusive, Records of King County,
Washington;
THENCE westerly along said northerly margin and the westerly extension thereof to the easterly
margin of SR 5 (AKA PSH No.1), also being the City of Federal Way Limits as defined by King
County Code Ordinance No. 8779;
THENCE northerly along said easterly margin to said southwesterly margin of Enchanted
Parkway;
See attached Exhibit "B".
.'
THENCE southeasterly along said southwesterly margin to the
POINT OF BEGINNING.
Written by: c.A.F.
Checked by: R.J.W.
\\esm\sys\wrd-proc\lcgal\ 1630304 doc /0/ /7/17
720 South 348th Street. Federal Way. Washington 98
Federal Way (206) 838-6113 . Tacoma (206) 927-0619 . Seattle (206) 623-S911 . Fax: (206) 838-7104
EXHIBIT "B"
TO ACCOMPANY LEGAL DESCRIPTION FOR ANNEXATION
A PORTION OF SECTIONS 28, 29, 32 AND 33,
TWP. 21 N., RGE. 4 E., W.M.,
KING COUNTY, WASHINGTON
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EXHIBIT C
Office Park Zone (OP-4) Development Regulations
1. PURPOSE AND OBJECTIVES
These Otììce 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 Agreemetít, these OP-4 Zone
provisions shall prevail. After the effective date of a Concomitant Dlvelopment Agreement, any
change in FWCC referenced in any Concomitant Development Agreement shall 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 FWCC, the following
principal uses are permitted outright:
1.
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
Exhibit C
Office Park Zone (OP-4) Development Regulations
page I of4
EXHIBIT C
PAGE I OF ~
FWCc. except as otherwise set forth in these Development Regulations;
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 Agreement
pursuant to Federal Way City Code (FWCC) 19-104;
5.
Caretaker residence.
13. 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. AccessOlY Uses. The following accessory uses shall be reviewed using that process
associated with the permitted use to which it is attached:
I. Warehousing and distributing, secondary to permitted primary uses provided
such use does not exceed twenty-five percent (25%) of the permitted use;
2.
Outdoor storage; and
3. 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.
Exhibit C
Otììce Park Zone (OP-4) Development Regulations
page 2 of 4
EXHIBIT C.
PAGE ;¡ OF ~
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 1 - Director's Approval, shall 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:
1. The required site plan 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 shall be coterminous with the
disturbed area.
5. ENVIRONMENTALLY SENSITIVE AREAS
A.
Any portion of property zoned OP-4 which is classified as environmentally sensiti\e
Exhibit C
Office Park Zone (01'-4) Developmcnt Regulations
page 3 of 4
EXHIBIT c...--..--.
PAGE--3-°f-4-
pursuant to Chapter 22. Article XIV (environmentally sensitive areas) of the Federal Way City
Codc. 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 protìle.
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 tìfty percent (50%) of the square footage of the area devoted to such existing uses as
shown on EXHIBIT B are 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.
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.
I I""IIITIJ\\'T,\IIIBITC CC"Fch".^,y" I""R
page 4 of 4
bhibitC
Office Park Zone (OP-4) Development Regulations
EXHIBIT~..._.
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EXHIBIT F
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Drainage Improvements - Water Quality Analysis
(Summary - Full text is available at City Hall)
#7300915361-2 lKCIOI!.DOC 11/03/97
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Drainage System Analysis
Revised October 1,1997
Page 1 .
INTRODUCTION
Purpose
]
]
This drainage report has been prepared to analyze on-site drainage conditions for the Enchanted
VillagelWild Waves site, and to evaluate possible alternatives to solve the documented storage
capacity problems with Mud lake during winter storms.
History
]
The Enchanted Village site is approximately 47.1 ! acres in total area, and is located at the
intersection of Enchanted Parkway (Highway 161) and Milton Road, which is sitUated in the
southwest quarter of Section 28, Township 21 Nonh, Range 4 East, W.M. in unincorporated King
County. (See attached vicinity/soils map.)
]
The surface water runoff within the site flows primarily from north to south, with the e~ception of
the south parking lot, which flows from south to nonh. Since all of the runoff flows to Mud Lake,
this volume increases the water surface elevation to the point that the bank surrounding the lake is
being overtopped during winter rainstorm events. The maintenance staff has been using a pump
periodically (approximately every tWo weeks) during the winter months to draw down the lake
level to the point where a rainfall event does not cause the lake to overtop its banks. The water
has been pumped to the south, across an undeveloped parcel betWeen the existing Wild Waves
parking lot and South 369th Street. which drains across an existing wetland and into the detention
pond for the Regency Woods Plat.
]
]
]
The Enchanted ParkslWild Waves site is located within an area which is in the process of being
considered for annexation to the City of Federal Way. To meet the requirements of Federal Way,
the site is being analyzed for existing and future conditions, with a pennanent solution developed
to solve the identified stOrage capacity problems. The proposed solution must then be approved
by the City of Federal Way for annexation consideration. If the proposed solution is approved,
construction of the improvements will be completed to bring the site into compliance with current
standards.
Scope
The scope: of services for this report has been developed to satisfy the requirements of the City of
Federal Way and King County Surface Water Management (since the site is currently in King
County), and consists of the following tasks:
I.
2.
Runoff analysis for the basin which drains to Mud lake for existing land use conditions.
Runoff analysis for the basin which drains to Mud lake for future land use conditions and
full development.
Investigation of on-site: topography, including field survey, to allow development of
possible alternatives to pumping (such as raising the elevation of the sides of the lake at
the existing low points to provide additional storage, or pumping Mud Lake: to a lower
elevation than has historically been done, etc.).
3.
EXH~BIT L,,~-.,.. ..
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Drainage System Analysis
Revised October I, 1997
Page 2
4.
Develop time/volume relationships of Mud Lake for the 100 year design storm runoff
conditions for use in developing minimum pump flow scenarios to maintain allowable
water surface elevations for the 100 year event (since it is a closed depression).
Investigate how the proposed discharge from Mud Lake will impact the downstream
detention pond which is part of the regency Woods development. Analysis of the
detention pond to determine whether it can accommodate the proposed pumping scheme
without modification, or whether it can be modified to hold additional volume without an
increase in peak flow to Hylebos Creek.
Perform field topographic survey of existing wetland area to allow hydraulic analysis of
stormwater which would back-up from the Regency Woods detention pond if the water
surface elevation is allowed to raise.
Perform analysis of stonnwater as it flows through the inventOried Class 1 wetland and
into the detention pond to detenninc whether it creates a potential impact to the wetland.
B-twelve Associates will perfonn a field investigation of the area to determine what the
impactS of temporary detention storage would be, and whether any mitigation or design
alternatives would be necessary.
Recommendations based on analysis of each of the alternatives and how they will affect
property and water courses downstream of the discharge site.
5.
6.
7.
8.
9.
GENERAL Il"lFORMA TION
Hydraulic Method of Analysis
Analysis of the site was conducted using the King County Runoff Time Series (KCRTS, version
3.0), a hydraulic software package developed by King County Surface Water Management for use
in the draft 1997 King County Surface Water Management Manual. The Computer Software
Reference Manual dated November 1996 was utilized for [he analysis. Stonn events modeled
included the 2-year, 10-year, 2S-year, and the 100-year storms. The project location per Figure
111-4 is Seatac with a scale factor of 1.0. Hourly timesteps with reduced date type were used for
the analysis as requested by staff at both King County and the City of Federal Way. Since no
infiltration was assumed for any of the ponds, a permeability of 10,000 minutes per inch was
assumed. This is a conservative analysis, but due to the effort it would take to determine an
infiltration rate, this assumption seems reasonable for the analysis.
Scope of Analysis
Per several meetings with staff at both King County and the City of Federal Way and a letter from
ESM, Inc. dated April 22, 1996, the scope is confined to the following:
I. Analyze Enchanted Parks/Regency Woods drainage basin for existing conditions after
the original Regency Woods development, but without [he pumping of storm water
from Mud lake. This will be used as a basis to determine the effects of existing and
proposed pumping conditions on the wetland.
EXHIBIT E
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Drainage System Analysis
Revised October I, 1997
Page 3
EXHIBIT ~ -
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2. Analyze the basin with the inclusion of the existing pumped discharge from Mud
Lake. This will indicate any additional depth of the storm water flows within the
wetland, which has historically been allowed and which has changed the
characteristics of the wetland over time. It was agreed that wetland mitigation
measures will not be based on the changes which have already occurred due to the
historic pumping which has occulTed in the past, but only on measures needed to
reduce future impacts due to proposed pumping activities.
3. Analyze the basin with the inclusion of the proposed pumping from Mud Lake to
determine the change in depth of flow through the wetland and existing Regency
Woods detention pond. It is anticipated that there will need to be a review of the
wetland conditions and plant species at the site to evaluate the impacts and needed
mitigation due to the proposed pumping.
]
]
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Points of Analysis
]
Flow into Mud Lake is the first point of analysis. Existing conditions and developed conditions
will be compared.
]
flow out of Mud lake is the second point of analysis. As previously stated, the primary storage
structure for stormwater runoff from the site is Mud Lake. The existing and developed conditions
will be compared as to the existing and proposed pump rate out of Mud Lake as well as the
storage requirement within Mud Lake. The developed conditions consist of the full-build out of
Enchanted Parks as well as Phase I and II of the Wild Waves parking lot expansion.
]
]
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Flow from the PUD site (Basin 2) is the third point of analysis. The existing and developed
conditions will be compared as well as the proposed temporary conditions. (The proposed
temporary conditions development consists of the full build out of Enchanted Parks as well as
Phase I of the Wild Waves parking lot expansion.)
]
Flow out of the wetland is the fourth point of analysis. The wetland will be analyzed to detennine
the height of water within the wetland for all three conditions defined in the scope of analysis
above.
]
Flow out of the detention pond is the fifth point of analysis. The detention pond will be analyzed.
to determine the height of the water for various storm events within the detention pond as well as
the release rates out of the control structure at the outlet end of the detention pond. Part of the
analysis will include a downstream capacity analysis (downstream of the control structure) for all
three conditions defined in the scope of analysis above.
]
]
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There is an existing flap gate separating the wetland and the Regency Woods detention pond. A
comprehensive analysis of this flap gate is quite difficult. As agreed per the City of Federal Way
letter dated December 9, 1996, (exhibit D) 8C), a "bounded" approach to this connection point is a
realistic approach. The upper limit is to model the flap gate closed. with the wetland and the
detention pond as separate storage structUres. The release rate out of the wetland is calculated by
assuming zero discharge out of the wetland until the elevation of the water reaches the top of the
benn separating (he wetland and the Regency Woods detention pond. At that point, outflow is
]
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Drainage System Analysis
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calculated as a weir overtopping into the detention pond. The lower limit is to model the flap gate
open as an equalizer pipe and allow the wetland and the detention pond to act as one large storage
facility. The release rate out of [he combined facility uses the orifice schedule from the outlet
struCNre of the detention pond. The final analysis will analyze the upper and lower limits of both
elevation and flow comparisons.
]
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ANAL YSIS
Basin A~sis
Ple~~ refer to the attached basin maps in Appendix D for reference to each of the sub-basins.
Basin 1
The total Basin 1 is tbat area which drains into Mud Lake. It is the total of sub-basins 1 A, 1 B, 1 C
and 10.
Buin IA
Basin] A is the frontage of Milton Road South and that portion of 1-5 that drains toward Mud
Lake which consists of approximately 1.35 Acres of impervious and 4.66 acres of till grass. A
field visit was made as well as researching of the Department of Transportation plan records
(Exhibit D 19) to clarify the basin limits. It is assumed that the existing conditions and the
developed conditions are the same. If improvements are made along Milton Road South, it is
assumed that mitigation for water quantity and water quality will be required.
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Impervious
Interstate S
720 If x 2S feet of pavement (14. lane with shoulder) = 18,000 sq. ft.
Milton Road
2) 00 If X 22 feet of street width = 46.200 sq. ft.
less 500 If x 11 feet of crowned pavement section near the hi point
and southerly;;;; 5500 sq. ft.
Total impervious::: 18,000 + 46,200 - 5500 = 58,700 sq. ft.;;;; 1.35 Acres
Pervious
2900 If x 70 feet wide a 203,000 sq. ft. ::: 4,66 Acres
Basin IB
Basin 1 B is the property limits of Enchanted Parks (not including the recently purchased
Enchanted Woods P.U.D. property). This entire sub-basin drains into Mud Lake. There is a basin
break near the east boundary. but for a conservative analysis the entire property is calculated
within this sub-basin.
-~ÅHIBIT Fa
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Drainage System Analysis
Revised October I. 1997
Page 5 I
EXHIBIT Fa
PAGE~OF & ,--
Existin~ Conditions
The site of Enchanted ViIlagelWild Waves is primarily developed with recreational facilities.
Existing ground cover conditions for the site consists of lawn/landscape areas and impervious
areas.
The existing site (47.13 Ac.) is comprised of approximately 27.12 acres of impervious area, 3.08
acres which are open bodies of water (including swimming pools), and 16.93 acres of till grass.
The open bodies of water is modeled as impervious, rather than as a wetland, per the requirementS
of KCRTS.
Developed Conditions
Enchanted Parks is proposing to redevelop certain areas within the site. Proposed new facilities
include a hotel; restaurant and conference facility, office building; and indoor family fun center
(see attached Appendix D).
Without specific site improvement plans. the following assumptions were made:
Impervious
Description Area (Ac.) (% of Ac.)
Hotel and Facilities 5.0 90/4.5
Office Building 0.69 100/0.69
Family Fun Center 0.69 100/0.69
Receiving Building 0.10 100/0.10
Snack Bar 0.16 100/0.16
Total: 6.64 6.14
Pervious
(% of Ac.)
"
10/0.5
0.5
Based on these assumptions the impervious area of the 47.13 acre site increased by 6.14 acres.
Therefore, the area breakdown for future conditions is 33.26 acres of impervious area; 3.08 acres
of open bodies of water (modeled as impervious as required by KCRTS - a total of 33.26 + 3.08 =
36.34 acres of impervious) and 10.79 acres of till grass (slight changes in the ultimate areas to be
improved would have little or no effect on final results of the runoff analysis).
Basin IC
Basin IC is the western portion of the Enchanted Woods P.U.D. that cuITently drains toward Mud
Lake.
Existing Conditions
The sub-basin consists of approximately 3.50 acres (381 feet by 400 feet) of till forest.
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Drainage System Analysi5
Revised October 1, 1997
Page 6
Developed Conditions
The sub-basin will consist of approximately 3.50 acres of impervious and approximately 0.52
acres of till grass. These areas are per the Wild Waves parking lot Phase I engineering plans by
ESM dated September, 1997.
Basia ID
Basin I D is that portion of Regency Woods Div. I near the eastern boundary of Enchanted Parks
that currently drains toward Mud lake. The sub--basin, when developed, would probably be
diverted easterly; however, for our analysis, it will be included in the Mud Lake basin. This sub.
basin consists of approximately 0.50 acres (half of 550 lineal feet by 80 feet wide) of till forest.
BuiD 2
Existing Conditions
Basin 2 is the eastern portion of the Enchanted Woods P.U.D. that currently drains toward the 14"
culvert under South 369th Street. This sub-basin would require its own mitigation for both
retention/detention and water quality components upon development of Wild Waves parking lot-
Phase 1I. A Separate KCRTS analysis has been performed for the preliminary parking lot layout
prepared for this site. A water quality/detention pond has been sized for the site, and would limit
runoff from the developed site to the existing pre-development rate. The analysis is contained in
Appendix G. In the existing condition, this sub-basin consists of approximately 7.96 acres ( 11.46
acre parcel less sub-basin I C of 3.50 acres) of till forest for the existing pre-development
condition.
Developed Conditions
In the developed condition. the basin will consist of 7.44 acres (11.46 acre Parcel less sub-basin
IC developed of 4.02 acres). The impervious area is 6.70 acres (90% impervious rate for a
proposed parking lot of 7.44 acres) & the pervious area is 0.74 acres (10% pervious rate). Please
note, however that a larger than required RID facility is being proposed at this location for
mitigation of the Enchanted Parks proposed pumping alternative.
Basin 3
The total Basin 3 is that area which drains into the detention pond within Tract E of Regency
Woods. It consists of combining sub-basins 3A and 3B and 3D. Basin 3C is the wetland itself
and is upstream of the detention pond.
I~~~~}t H I B I T --E
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Drainage System Analysis
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Page 7
Basib 3A
Basin 3A is a ponion of Regency Woods, Division 2. Per the Enchanted Parks P.U.D.
calculations, SWM Variance L93VO091, the total area is approximately 11.46 acres (Lots 60-92,
23-40,48 and 59). The dwelling unit per acre calculation is 54/11.46 or 4.71 DU/acre. Per table
3.5.2B of the King County Surface Water Design Manual updated November 1992, the
percentage impervious is 47. Therefore, the basin consists of approximately 5.39 acres (47%
impervious of 11.46 acre site) of impervious and 6.07 acres (11.46 acre site less 5.39 acres of
impervious) of till grass.
Basla 3D
Basin 3B is a portion of Regency Woods, Division 1. Per the Enchanted Woods P.U.D.
calculations, SWM Variance L93VO091, the total area is approximately 15.36 acres (Lots 1-33,
170-178,184-186,217-220, Part of Tot Lot). The dwelling unit per acre calculation is 50/15.36
or 3.26 DU/acre. Per table 3.5.2B of the King County Surface Water Design Manual updated
November 1.992, the percentage impervious is 36. Therefore, the basin consists of approximately
5.S3 acres (36% impervious of 15.36 acre site) of impervious and 9.83 acres (15.36 acre site less
5.53 acres of impervious) of till grass.
Basin 3C
Basin 3C is the wetland or Tract 'T' within the Regency Woods development. It consists of
approximaIcly 4.3 acres of wetland.
Basin 3D
Basin 3D is the detention pond or Tract "E" within the Regency Woods development. It consists
of approximately 4.0 acres of impervious. Please note that this would probably be considered
more wetland than open body ofw3ter, but for conservancy, it will be modeled as an open body of
water; therefore, per the requirements of KCRTS, it is to be modeled as impervious.
Storage Facilities Analysis
Mud Lake
Existing Conditions
Based on the field survey dated May 25, 1994 and computer modeling using Softdesk sitework
design software (see developed contour map, in Appendix D), Mud lake was detennined to have
the following characteristics:
':J(HIBIT ~
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Drainage System Analysis
Revised October 1, 1997
Page 8
One Outlet Reservoir Routing File
Stage Elevation Discharge Storage Penn-Area
(Ft) (Ft.) (CFS) (Cu-Ft) (Sq-Ft)
0.00 209.99 0.000 O. 108425 (a)
0.01 210.00(b) 1.110 (c) 997. 108514.
2.01 212.00 1.110 (c) 230534. 121023.
3.00 212.99 1.110 (c) 352619. 125614.
3.01 213.00(d) 2.220 (c) 353875. 125630.
4.01 214.00 2.220 (c) 481439. 129497.
8.01 21B.00(e) 2.220 (c) 1000433. 130000. (f)
209.99 Ft. : Base Reservoir Elevation
10000.00 MinuteslInch: Average Penn-Rate
(a) Interpolated betWeen elevation 208.0 (with area 90,718) and 210.0.
(b) Per field observation by ESM staff and City of Federal Way staff on July 18,1997, the
existing pump currently starts at elevation of 210.0 (+/-).
(c) Note per the pump curves, the flow was approximately 1.11 cfs. (see exhibit 020).
However, since a second pump is rented by the maintenance staff of Enchanted Parks
when the existing pump can not keep up with the flow, 2.22 cfs (estimated capacity of
the second pump in addition to the existing pump) was used to model the existing
conditions.
(d) Water surface elevation at the top of the water slide pool steps.
(e) Maximum water surface elevation is defined as the top of the concrete steps to the
mechanical room, without freeboard.
(f) Estimate. Contours on topographic map not "closed" for elevation 218.0. By field
inspection, this is a very conservative estimate relative to the 214.0 contour.
Per the Geotechnical Report by GeoEngineers in Appendix F. the soils appear to vary, but are
generally medium dense silty sand with gravel and cobbles. The infiltration rate for course sands
or cobbles per the 1990 King County Surface Water management Manual, Table 4.5.2 is
approximately 8 minutes/inch. Without careful monitoring over a several month period, it was not
possible to detennine with a reasonable degree of accuracy what the actual infiltration rate for the ~
pond might be. Using an infiltration rate of zero is a very conservative approach to modeling a
basin where there is insufficient information to determine the actual infiltration rate.
Developed Conditions
Based on the field survey dated May 25, 1994 and computer modeling using Softdesk sitework
design software (see developed contour map in Appendix D), Mud Lake was dctennined to have
the following storage capacities, assuming the lake level could be controlled and maintained at
elevation 208.0 during the rainy season (not including dead storage below elevation 208.0, which
is just below the toe of the bank on the pond bottom):
EXH I B IT -L------.--
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Drainage System Analysis
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Page 9
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One Outlet Reservoir Routing File
Stage Elevation Discharge Storage Penn-Area
(Ft) (Ft.) (CFS) (Cu-Ft) (Sq.Ft)
0.00 207.99 0.000 O. 90622. (a)
0.01 208.00(c) 0.750 (b) 907. 90118.
2.01 210.00 0.750 (b) 200139. 1O8S 14.
4.01 212.00 0.750 (b) 429676. 121023.
4.51 212.50 0.150 (b) 491144. 124847.
5.01 213.00 0.750 (b) 553763. 125630.
6.01 214.00 (d) 0.750 (b) 681327. 129497.
10.01 218.00 (e) 0.750 (b) 1200321. 130000.(f)
207.99 Ft : Base Reservoir Elevation
10000.00 MinuteslInch: Average Penn-Rate.
]
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(a) Interpolated betWeen elevation 206.0 (with area of 71,469) and 208.0.
(b) The pump will come on at elevation 208.0, and is designed with a 0.75 cfs discharge
rate.
(c) The lake will be drawn down by 2 Ft. relative (0 existing pumping conditions
(elevation 208.0 rather than elevation 210.0).
(d) Water surf,¡.ce elevation at the top of the water slide pool steps.
(e) Maximum! water surface elevation is defined as the top of the concrete steps to the
mechanical room, without freeboard.
(f) Estimate. Contours on topographic map not "closed" for elevation 218.0. By field
inspection, this is a very conservative estimate relative to the 214.0 contour.
*Note that zero infiltration was again used for analysis.
EXHIBIT -.F
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Drainage System Analysis
Revised October I, 1997
Page 10
PUD Site
Developed Conditions
Based on the preliminary design plans by ESM for the Wild Waves parking lot expansion plans
(see exhibit G3) and computer analysis, the future detention pond for the POD site was
detennined to have the following characteristics:
(One Outlet Reservoir Routing File)
Stage Elevation Discharge Storage Penn-Area
(Ft) (CFS) (CV-Ft) (Sq-Ft)
0.00 224(c) 0.000 (d) o. 16240.
2.00 226 0.150 35653. 19413.
4.00 228 0.210 77930. 22864.
6.00 230 0.250 121389. 26595.
8,00 232 0.290(e) 184589. 30605.
10.00 234 0,690 250089. 34895.
12.00 236 0.885(a) 324447, 39463,
224.00 Ft. : Base Reservoir Elevation
10000.0 MinuteslInch : Average Penn-Rate
a). The goal is to match the existing 100 year flow from the PUD site plus O.Scfs increase
due to the Enchanted Parks developed conditions.
b). For calculation of how the orifices were sized & discharge detennined, refer to
appendix G4.
c). There is 53,666 Ft3 of storage available below elevation 224 that is reserved for water
quality requirementS (wetpond) for the POD site, Refer to Appendix 02 for a
requirement of 3 1.810 Ft3. As observed, more water quality volume is provided than
required.
d). The first orifice is at elevation 224 and is designed to be 1.94" on a 12" diameter riser.
e). The second orifice is at elevation 232 and is designed to be 3.11",
f). The IS" diameter riser overflow elevation will be at 236.6.
g). The top of the benn is at elevation 237.2.
h). An emergency outlet from the pond will be provided via a 15" ductile iron pipe at flat
grade at elevation 236.6,
EXHIBIT J
PAGEJLOF~~_.
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Page 11
Proposed Temporary Conditions
Based on the namral detention area already existing on the POD site (see exhibit OS) & a
proposed control manhole to be constructed with Phase 1 of the Wild Waves parking lot
expansion. the proposed temporary detention Pond for the POD site was detennined to have the
following characteriStics:
(One Outlet Reservoir Routing File)
Stage Elevation Discharge Storage Penn-Area
(Ft) (CFS) (Cu-Ft) (Sq-Ft)
0.00 218 0.000 o. 8.
2.00 220 0.000 464. 456.
4.00 222 0.000 9355. 8435.
6.00 224( d) O.OOO(a) 36756. 18966.
8.00 226 0.610(c) 88770. 33048.
10.00 228 0.860 182,608 60790.
12.00 230(b) 1.060 328,633 85235.
218.00 Ft : Base Reservoir Elevation
10000.0 MinuteslInch : Average Penn-Rate
a). A temporary 4" orifice is proposed at elevation 224 to match to elevation of the first
orifice of the future detention pond for the PUD site. When the future detention pond
is constructed, the cona-ol manhole will be kept intact &. only the first orifice will be
replaced (1.94" rather than 4").
b). The second orifice will be constructed at elevation 232 & will be 3.11" to match the
design of the future detention pond.
c). The orifice equation of Q=CA (2gh)0.5 where C=0.62 A=0.O873 feet and ~32.2 was.
used to calculate the discharge. Please see exhibit 06.
EXHIBIT 1?
P AGE JAO F _aR
NQU-03-1997 11:38
253 661 8099
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PAGE 12
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Drainage System Analysis
Revised October I, 1997
Page 12
Wetland
~N~MANI~U ~HKK~ ~~~
t-'A\.JI:. Ij
Based on the field survey dated March 10, 1995 and computer modeling using Softdesk. sitework
design software (see wetland topographical map in Appendix D), the wetland was detennined to
have the following characteristics:
With Orifice Outlet (Flapgate Open)
(One Outlet Reservoir Routing File)
Stage Elevation Discharge
(Ft~ (Ft) (CFS)
0.00 213 .00(a) 0.000
1.00 2 J 4.00 2.200 (b)
2.00 215.00 4.200 (c)
3.00 216.00 5.400 (d)
4.00 217.00 6.400 (e)
213.0 Ft: Base Reservoir Elevation
10000.0 Minutesl1nch: Average Penn-Rate
StOrage
(Cu-Ft)
O.
39235.
107624.
187071.
276712.
Penn-Area
(Sq-Ft)
15898.
62572.
74205.
84689.
94593.
(a) 12" cmp. Invert out.
(b) Inlet Capacity of 12" culvert exiting the wetland. See Appendix D. bw/d:=1. There is
no backwater effect from the detention pond assumed.
(c) hw/d ""2
(d) hw/d;;;3
(e) hw/d=4
With Weir Overflow (Flapgate Closed)
(One Outlet Reservoir Routing File)
Stage Elevation Discharge
(Ft) (Ft) (CFS)
0.00 213.00(a) 0.000
1.00 2J4.00 0.000
2.00 215.00 0.000
3.00 216.00 0.000
3.99 216.99 0.000
4.00 217.00 6.400 (a)
213.0 Ft: Base Reservoir Elevation
10000.0 MinuteslInch: Average Penn-Rate
NOU-03-1997 11:38
253 661 8099
Storage
(Cu-Ft)
o.
39235.
107624.
187071.
275500.(c)
276712.
Penn-Area
(Sq-Ft)
15898.
62572.
74205.
84689.
93697.
94593.
¡EXHIBIT r:
iPAGEA.OF2..
97%
P.13
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Drainage System Analysis
Revised October 1, 1997
Page 13 L
(a) Discharge would only occur at top elevation 217.00.
Q=2I3L(2gH3)0.5,where t>r:IO' and H=0.25'. Therefore, Q=6.4
217.00.
(b) Interpolated betWeen elevation 216.00 and 217.00.
(c) Estimated.
Weir fonnula:
cfs at elevation
Detention Pond
Based upon the Engineering Calculations from the Enchanted Woods P.U.D., SWM Variance No.
L93VO091 dated October 10, 1993, the detention pond volumes and the orifice schedule of the
outlet structure were provided. From this infonnation, a discharge rate at respective elevations
was calculated (see exhibit DI4A, B &. C). From this infonnation. it was detennined that the
detention pond has the following characteristics:
(One Outlet Reservoir Routing File)
Stage Elevation Discharge
(Ft) (Ft) (CFS)
0.00 213.00 (a) 0.000
1.00 214.00 0.930
2.00 21S.00 1.260
3.00 216.00 (b) 1.660
4.00 217.fO (c) 2.080
Storag
(Cu-Ft)
O.
69975.
167583.
270895.
379645.
Penn-Area
(Sq-Ft)
45100.
94850.
100375.
106250.
111250.
213.00 Ft : Base Reservoir Elevation
10000.0 MinuteslInch: Average Penn-Rate
(a) Invert out. The invert out on the as-builts from Hugh G. Goldsmith and Associates
appears to be 210.00, but the calculations specify an invert of213.00. Using 213.00
is a conservative analysis. Per field conditions, the actual invert is 212.51. The stage- .
storage relationship has been maintained for modeling purposes betWeen elevations
213.00 and 217.00. Please see the narrative in the downstream analysis. .
(b) Design water surface for 25 year stonn with 5 year release rate
( c) Overflow elevation of control manhole
Combination Wetland and DeteDtloD Pond
The wetland and the detention pond operate at the same elevations. Therefore, using the
summation of the storage volumes from both the wetland and the detention pond and the discharge
rate from the orifice schedule of the outlet structure, the còmbined wetland and detention pond has
the following characteristics.
EXHIBIT 3 -,
PAGE.14-0F ~,
NDV-03-1997 11:39
253 6618099
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Drainage System Analysis
Rev ised October I 1997
Page 14
J
(One Outlet Reservoir Routing File)
Stage Elevation Discharge
(Ft) (Ft) (CFS)
0.00 213.00 0.000
1.00 214.00 0.930
2.00 215.00 1.260
3.00 216.00 1.660
4.00 217.00 2.080
213.00 Ft.: Base Reservoir Elevation
10000.00 Minutesnnch: Average Perm-Rate
]
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Alternatives for Mud Lake
Increased Storage Alternative
t:.1'Il,.,r1t-\I'i I t:.lJ rl-lKl';:) I:.^I:.I...
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Storage
(Cu-Ft)
O.
109210.
275217.
457966.
656357.
Penn-Area
(Sq-Ft)
60998.
157422.
174580.
190939.
205843.
The storage volume of Mud Lake could be increased by increasing the height of the bank and
walls, but the height needed to provide adequate storage for design stann conditions is beyond
what could be accomplished with reasonable and cost effective construction methods.
In addition, raising the water surface elevation of the lake could have adverse impacts 011 the
wetlands associated with it. Because construction of vertical walls is not practical, other
alternatives such as dredging the lake bottom to provide more storage, pumping and/or a
combination of these alternatives must be investigated.
As stated above, another method of increasing the effective storage volume of the lake would be
to dredge the borrom, thus creating the additional storage below the existing bank elevation. This
alternative would produce approximately 56,000 cubic yards of excavated material which would
require disposal. It would also require e:\:tensive piling construction to shore the exposed bank
sides in a vertical position. Also, Mud Lake is an inventoried wetland, designated as No. 26 of the
Hylebos Creek Basin Plan. Any excavation or significant disruption to the lake bottom or existing
vegetation would require review and approval by King County and possibly the Corps of
Engineers.
The options of dredging the bottom and/or building higher walls would be short term solutions to ..
the need for additional storage which would rely on infiltration and evaporation to dispose of the
stored runoff. Pumping runoff from the lake would be a more reliable, long [enn solution, and
would not rely on maintaining infiltration rates which could be affected over time by silt and by
solids from filter backwashing operations.
Pumping Alternative
The option of pumping appears the most feasible, with minimal impacts to Mud lake. It could be
accomplished for the most reasonable construction cost and would allow the greatest flexibility for
accommodating future increased runoffvolumes.
NOV-03-1997
253 6618099
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EXHIBIT F
PAG ElL OF --2..L
98%
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Drainage System Analysis
Revised October I, 1997
Page 15
EXHIBIT1_1.'~-'
PAGE11LOF: &
The maximum water surface of Mud Lake is defined as the elevation of the top concrete step for
the mechanical room, without freeboard, at elevation 218.0. For analysis purposes for proposed
conditions, the lake will provide effective storage from elevation 208.0 (2 feet lower than the'
existing pumping conditions of elevation 2 J 0.0) to elevation 218.0. As noted below, the 100 year
water surface elevation for the 100 year event is 215.06 for developed conditions with proposed
pumping. This provides an effective freeboard of over three feet.
Following is a summary ofthe flow and elevation comparisons for the 100 year events.
Comparison of 100- Year FlowslStage - Mud Lake Aoalysis
Flow(cfs)
Elevation( feet)
Existing Conditions With Existing Pumping 1.11/2.22
File name: exout
Developed Conditions With Developed Pumping 0.75
File name: devout
4.17' (EI. 214.J6)
7.07' (EI. 215.06)
Using the KCRTS program to model the developed basin through Mud Lake, the proposed
pumping rate is 0.75 cfs. This assumes the pump will rum on at elevation 208.0 and not go above
elevation 218.0. Please note the existing basin release rate is approximately 1.11 cfs for the
existing pump (without the release rate from a second rental pump). The pumping is currently
turned on at elevation 210.0 (plus or minus). This maximum rate of 0.75 cfs should be used as the
required pumping rate for pump selection and system design where the nonnal water surface
elevation is 208.0. A slightly smaller pump could be used, however, this would reduce the
effective freeboard. and would flood the water slide pools and the electrical handholes in the
asphalt walkway area on the west side of the lake.
The water level for Mud Lake would be allowed to rise to itS historic level (212.0) during the
period from April l to October 1. This will allow the wetland plants to survive and grow during
this period, and also provide habitat for the ducks which nest on the island during their nesting
period.
Downstream Analysis
Runoff which is pumped from Mud lake will be directed toward the south, where it wi1\
eventually be routed through the drainage facilities of the Regency Woods plat The Regency
Woods conveyance system exists south of South 369th Street, within County right-of-way or
within dedicated drainage easements.
As the upstream flow leaves the 14" concrete culvert under South 369th Street, it enters a wetland
area (Hylebos Creek #34) which ponds with water during all stann events, and acts as a detention
pond whenever the f1apgato betWeen the wetland and the downstream detention pond is closed due
to water storage in the detention pond. The 14" concrete culvert has a capacity of 3.6 cfs with
inlet control. Please refer to Appendix B I, page I and 2.
NOV-03-1997
253 661 8099
98%
11:47
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Drainage System Analysis
Revised October I, 1997
Page 16
L"'-'nMI' CLi rHr<.I'.':> C^C'-'
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1:j4
The detention pond southerly of the wetland is the storage facility for Division [ and Division II of
the Regency Woods development. Downstream of the detention pond outlet structure is an IS"
cmp (see exhibit D 15) stonn line going all of the way to Hy1ebos CJ'(:ek. There is no additional
flow entering this line beyond the outlet strUctUre of the detention pond. Per exhibit D21, an
excerpt from the stonn water hydrology, plat of Regency Woods Division 1 & 3, prepared by
Stepan & Associates, the 10 year calculated flow was 5.58 cfs and the 25 year calculated flow was
8.26 cfs. An error appears to have been made when sizing the 18" crop. The 10 and 25 year
flows were added together for capacity sizing of 13.84 cfs. Therefore, there appears to be
sufficient capacity downstream of the detention pond to the Hylebos Creek.
PUD Site
The analysis is based on the four conditions as presented below:
Comparison of 2-year Flows/Stage-PUD site
Existing Conditions without existing pumping
File Name: 2-tsf
Existing Conditions with existing pumping
File Name: lex.2
Developed Conditions with developed pumping
File Name: pudesouusf
Temporary Conditions with developed pumping
File Name: pudexout.tsf
ComparUon of 10-year Flows/Stage-PUD site
ExiSting Conditions without existing pumping
File Name: 2-tsf
Existing Conditions with existing pumping
File Name: leû
Developed Conditions with developed pumping
File Name: pudesouttsf
Temporary Conditions with developed pumping
File Name: pudexouttsf
NOlJ-03-1997
11:48
253 661 8099
Flow (ds)
Elevation (feet)
0.221
1.33
0,795
11.08
0.775
9.32
Flow (cfs)
Elevation (feet).
0.385
2.55
0.904
12.20
0.852
9.93
EXH~BIT 1
PA.GE___I_'70F 2.1
98%
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Drainage System Analysis
Revised Oc[Ober I, 1997
Page I 7
Comparison of l00-year Flows/Stage-PUD site
Flow (cfs)
Elevation (feer)
Existing Conditions without existing pumping
File Name: 2-tSf
Existing Conditions with existing pumping
file Name: lex2
Developed Conditions with developed pumping
File Name: pudesout.tSf
Temporary Conditions with developed pumping.
File Name: pudexouttsf
0.642
2.86
0.938
12.54
0.854
9.95
Additional mitigation for the Enchanted Park Development as well as the Wild Waves parking lot
expansion (both Phase I and II) is being provided on the POD site on a voluntary basis to improve
downstream conditions. A si~ificant pond is being provided (volume == 324,447 up to elevation
236) over and above the required (volume = 73,052 ft3) for the POD site. This is an oversize of
440%.
When comparing the release of 0.938 cfs for the IOO-year srorm event for the developed
conditions with developed pumping and the existing tOO-year flow from the POD site of 0.642
cfs, the difference is 0.296 cfs. If the Enchanted Parks and the POD site are considered one
project, then there could be some support regarding the King County Surface Water Design
Manual and the core requirement that allows retention exemption due to 0.5 cfs difference in the
pre-and post-developed 1 OO-year storm eventS.
The developed condition with developed pumping also provide 0.66 feet (IOO-year elevation =
12.54 + 224 = 236.54) 0.66 feet of freeboard from the laO-year stonn event and 1.0 (IO-year
elevation = 12.20 + 224 >= 236.2) 1.0 feet offreeboard for the I o.-year storm event. Please see the
engineering plans in exhibit G2 showing a top of berm freeboard elevation of 237.20. '
[n the temporary conditions with developed pumping from Enchanted Parks (developed
conditions for both Enchanted Parks and Wild Waves parking lot-Phase I and Phase II not yet
constructed) a temporary 4" orifice will be placed at elevation 224, which is the permanent ~
elevation &; location of proposed control manhole at the completion of Phase II of the Wild Waves
parking lot expansion. As noted in the above analysis, the temporary conditions release lower
release rates than the developed conditions, so no further downstream analysis is necessary. Also
note, the 100-year elevation of the pond for the temporary conditions is 9.95 + 218 = 227.95 and
the 100-year elevation of the pond for the developed conditions is 12.54 = 224 == 236.54. For the
temporary conditions, elevation 227.95 is easily maintained in the existing low spor of the PUD
site (Refer to exhibit G5).
~e:XH I BIT P.
P AGE J1 0 F2.-R--..
..
NOV-03-1'3'37
11:48
25366180'3'3
97%
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Drainage System Analysis
Revised October I, 1991
Page 18
Wetland
Since it was agre~d that mitigation measures for the wetland 'will not be based on the changes
which have already occurred in the past (i.e. existing pumping), but only on measures needed to
reduce future impactS due to proposed pumping activities, the following analysis compares the
existing and developed pumping conditions.
For future developed flow, the wetland will see more flow at a lower storm even[ since the
pumping out of Mud Lake starts earlier. Therefore, analysis of the wetland becomes an elevation
analysis for the two year event The difference of stage elevation for the existing pumping
conditions (combined facility) for the two-year event (2.46 feet) ØJ1d, as shown in the tables
below, the stage elevation for the developed pumping conditions for the two-year event (1.81 feet)
is an improvement, over existing conditions. Even when considering the difference of the stage
elevation for the existing pumping conditions (combined facility) due to the IOO-year event, the
stage is 4.61 feet for the existing pumping conditions and 3.05 feet for the developed pumping
conditions. Therefore, in the developed condition, the water surface in the wetland is at a lower
elevation than in the exjsting condition. Given King County's previously stated threshold of
requiring mitigation when the increase in depth of flow through the wetland exceeds eight inches
(0.67), and since in all analyzed cases the depth of water decreases for the proposed pumping
scenario, no mitigation for the wetland is warranted.
The following is a summary ofrhe flow and elevation comparison for the tWO year eventS:
CompamOD of 2-year Flows/Stage - Wetland Analysis
Separate Detention rood and Wetland.. (with weir overflow - n:.¡pgate closed)
[worst case scenario)
Wetland
Existing conditions without existing pumping
File name: f23cwet
Existing conditions with existing pumping
File name: flex2wct
Developed conditions with developed pumping
File name: fldev2we
Flow (cfs) Elevation (feet)
0 2.07
1.28 3.99
0.768 3.99
Detention Pond
Regency Woods through detention pond
File name: 3abdrd
1.06
1.40
. \WIl.JlIBIT '
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.r\(GE1~OF.JI_.
NOV-03-1997
11:49
253 661 8099
'38%
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Drainage System Analysis
Revised October I, 1997
Page 19
l
Separate Detcotioll Pond aDd WetlandU(with orifice outlct.flap gate open)
Existing conditions without existing pumping
File Name: 23cwct
Existing conditions with existing pumping
File Name: 1 ex2wet
Developed conditions with developed pumping
File Name: Idev2wet
Flow (cfs Elevation (feet)
0.211 0.10
1.3\ 0.60
0.788 0.36
Combined DeteDtioD Pond lad WetleodU(with 12" equalizer pipe)
{probable 5cellario}
Existing conditions without existing pumping
File name: tote .
Existing conditions with existing pumping
File name: totexpc
Developed conditions with developed pumping
File name: totdevpc
Compamon of 100 year Flows/Stage - WetJl&nd Analysis
Flow (cfs) Elevation (feet)
0.996 1.20
1.44 2.46
1.20 1.81
Separate DetellfÌoD Pond and Wedandu (witb weir overflow. ß2p¡ate closed)
(worst case SCCOSMO)
Wetland
Existing conditions without existing pumping
File name: f23cwet
Existing conditions with existing pumping
File name: flex2wet
Developed conditions with developed pumping
File name: fldev2we
Detention Pond
Regency Woods through detention pond
File name: 3abdrd
NOV-03-1997
11:49
253661 8099
Flow (cfs) Elevation (feet)
0.90 3.99
3.46 4.00
1.41 3.99
1.51
2.63
;EXHIBIT t:
,P A G E~ 0 [i~-'~2.~_t.~
97%
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PAGE
08
Drainage System Analysis
Revised October I 1997
Page 20
Separate Detention Pond and Wetland" (with orifice outlet - flap gate oJH!!1)
Existing conditions without existing pumping
File name: 23cwet
Existing conditions with existing pumping
File name; lex.2wet
Developed conditions with developed pumping
File name: Idev2wet
Flow (cfs) Elevation (feet)
0.86 0.39
2.68 1.24
1.30 0.59
Combined Detention Pond aDd Wetland**(with 12" equalizer pipe)
[probable scenario)
Existing conditions without e)(isting pumping
File name: tote
Existing conditions with existing pumping
File name: totexpc
Developed conditions with developed pumping
File name: totdevpc
Flow (cfs) Elevation (feet)
1.41 2.38
2.34 4.61
1.68 3.05
UThe elevation differences between the tWo comparisons are largely due to the Regency
Woods plat being included in the contributing area for combined detention and wetland.
When the detention pond and wetland are separate, the Regency Woods plat does not
enter the wetland directly.
Note that when comparing the elevation in the wetland with weir overflow and the detention pond
elevation, the elevation of the water surface is higher in the wetland than in the detention pond.
Therefore, the conclusion is that the flapgate is always open. Also notice that even though the
elevation for several stann events reaches 3.99', the weir is able to handle the storm events by
overflowing the berm betWeen the wetland and the detention pond. Therefore, the facility acts as
a combination of both the wetland and the detention pond.
An analysis of this wetland was prepared by B-tWelve Associates, Inc. to detennine the actual
wetland boundary and (0 evaluate potential impacts due to additional runoff from the Enchanted
Parks property. This study is contained in the attached Appendix "C", and states the conclusion
that:
"Since the proposed use of the site is an on-going practice, no additional impacts are
anticipated. The pumping of surface water from Mud lake to the south has been an
existing use for over I 0 years. Any impacts to Wetland "An from this diversion of
surface water have already occufTed. Wetland "A" appears to have been altered from its
NOIJ-03-1997
11:50
253 661 8099
~XHIBIT j
PAGE--'2LOF ~
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Drainage System Analysis
Revised October Jt 1997
Page 21
,,:f\
'af
original bog plant community from a combination of the development associated with the
Regency Woods Division 1 and the alteration of the hydrology and water chemistry
associated with the Mud lake water pumping operations. The plant community of
Wetland "An appears to have adapted to the changes in hydroperiod, water chemistry and
depth of inundation at this time."
Ðeteation Pond
This analysis is based on using KCRTS and modeling the IO-year design stonns, which is the
current City of Federal Way Standards for the Hylebos Creek basin. Since the original detention
pond was sized using a different method, a modeling of the existing plat development was
perfonned using the KCRTS model.
As demonstrated in the wetland analysis section above, the wetland water surface is always.the
same or higher than the detention pond, therefore treating the wetland and detention pond as a
combined facility with equalizing pipe is me correct scenario.
Following is a summary of the flow and elevation comparisons for IO-year eventS.
Comparison of lo.-year Flows/Stage - Deteation Pond Analysis
Separate Deteatioa Pond and Wedand (with orifice outlet-flap gate open)
(worst cast scenario]
Existing condition without existing pumping
File Name: 23exout
Existing condition with existing pumping
File Name: lex23rd
Existing conditions with developed pumping
File Name: Idev23rd
Flow(cfs) Elevation(feet)
1.39 2.32
2.19 4.27
1.72 3.15
Combined Detention Pond and Wetland (with 12" equalizer pipe)
[probable scenario]
Existing conditions without existing pumping
File name: tote
Existing conditions with existing pumping
File name: totexpc
Developed conditions with developed pumping
File name: totdevpc
Flow(cfs) Elevation( feet)
1.18 1.75
1.92 3.63
1.50 2.61
EXHIBIT F
PAGE 2'1 OF..2.--L
NQU-03-1997
11:51
253 661 8093
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Drainage System Analysis
Revised October I, 1997
Page 22
As demonstrated in the wetland analysis section above, the wetland water surface is always the
same or higher than the detention pond, therefore treating the wetland and detention pond as a
combined facility with equalizing pipe is the correct scenario for the detention pond analysis.
Therefore, the flows and elevations to observe are using the combined detention pond & wetland
(with 12" equalizer pipe). The separate detention pond and wetland (with orifice outlet-flap gate
open) is shown for observation only.
As shown in the table above, the active 10 year elevation is 1.15 feet for e"isting conditions
without existing pumping.
When considering the difference of the stage elevation for the existing pumping conditions for the
1 O-year event, the stage is 3.63 feet fur the existing pumping conditions and drops to 2.61 feet for
the developed pumping conditions.
Per the P.U.D. variance calculations, elevation 4.0 is the overflow elevation of the control
manhole; however, per field topography performed by ESM, October 1996, the invert out of the
detention pond is at elevation 212.51 rather than 213.00 and the control manhole overflow is
216.28 rather than 217.0 (see exhibit D 18 A & B). In essence the height to the control manhole
overflow is 3.77 feet rather than 4.0 feet. Given this infonnation, the staging of 2.61 feet for the
developed pumping conditions does not put the detention pond into an overflow situation for a 10
year design stonn. Therefore, all elrntions are maintained below the 3.77 feet of active storage
for the I O-year design stonn, and the functionality of the Regency Woods Detention Pond remains
intact for the 100year design storm, even with the proposed pumped discharge for the developed
condition from Mud Lake.
Since the original detention pond was sized using a 25 year design storm, a comparison of the 25
year flows/stage is also presented:
Following is a summary of the flow and elevation comparisons for 25-year events.
Comparison of 2S-year Flows/Stage - DereotioD Pood Analysis
Separate Detention Pond and Wetland (with orifice outlet-flap gate open)
(wont case see.Daria)
Existing condition without existing pumping
File Name: 23exout
Existing condition with existing pumping
File Name: lex23rd
Existing conditions with developed pumping
File Name: 1 dev23rd
Flow(cfs) Elevation(feet)
1.62 2.90
2.70 5.47
1.89 3.54
~j{tijBIT t:
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Drainage System Analysis
Revised October 1, 1997
Page 23
1-
Combined Detention Pond and Wetland (with 12" equalizing pipe)
(probable scenario)
Existing conditions without existing pumping
File name: tote
Existing conditions with existing pumping
File name: totexpc
Developed conditions with developed pumping
File name: totdevpc
Flow (cfs) Elevation (feet)
1.34 2.19
2.22 4.33
l.53 2.67
As shown in the table above, the 2S year elevation is 2.19 feet for the existing conditions without
existing pumping.
When considering the difference ofthe stage elevation for the existing pumping conditions for the
2S.year event, the stage becomes 4.33 feet for the existing pumping conditions and 2.67 feet for
the developed pumping conditions. Therefore, while the existing pumping scenario will overflow
the control structure riser, the proposed pumping scenario will not.
The staging of 2.67 feet for the developed pumping conditions does ~ put the detention pond
into an overflow sj~tion for a 25-year design stonn, and the functionality of the Regency Woods
pond remains intact for the 2S-year design storm, even with the proposed pumped discharge for
the developed condition from Mud Lake.
"
CompamOD or lOO-year Flow5lStage - Detention Pond ADaJ}'si,
]1
"
To check the adequacy of the emergency overflow elevation for the existing detention pond, a
1 OO-year analysis is provided below.
~
~
ij
Separate Detention Pond and Wetland (with orifice outlet-flap gate open)
(worst can scenario)
Existing condition without existing pumping
File Name: 23exout
Existing condition with existing pumping
File Name: lex23rd
Existing conditions with developed pumping
File Name: Idev23rd
Flow(cfs) Elevarion(feet)
1. 71 3.12
2.87 5.88
2.05 3.92
1;:' )(HIBIT-.F
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Drainage System Analys,~
Revised October I, 1997
Page 24
Combined Detention Pond aad Wetland (with 12" equalizing pipe)(probable scenario)
Existing conditions without existing pumping
File name: tote
Existing conditions with existing pumping
File name: totexpc
Developed conditions with developed pumping
File name: totdevpc
Flow (cfs) Elevation (feet)
1.41 2.38
2.34 4.61
1.68 3.05
When considering the difference of the stage elevation for the existing pumping conditions for the
100 year event, the stage is 4.61 feet for existing pumping conditions and 3.05 feet for the
developed pumping conditions.
The staging of 3.05 feet for the developed pumping condition does not put the detention pond
control structure into an overflow situation for a 100 year design storm. although the existing
pumping scenario does overflow the control structure, but does not reach the elevation of the
emergency overflow. The staging of 3.92 feet for the developed pumping conditions and separate
detention pond and wetland (worst case scenario) would put the detention pond control structure
into an overflow situation for a 1 OO-year design storm, but would not exceed the elevation of the
emergency pond overflow of 4.77 feet. Therefore, all elevations are maintained below the 4.77
feet of total storage for the 100 year design storm, and can be handled by the existing coonol
structure. In fact, the developed condition would improve the existing pumping condition
significatly.
A field visit to the Regency Woods detention pond was made at 10:00 3.m. on Thursday, January
2. 1997 by staff at ESM, Inc. Pond conditions were observed during extremely heavy rainfall
after several days of rain and melting snow cover. The detention pond was observed with the
water surface at or slightly above the outlet structure overflow elevation (approximately six 1rn::hes
below emergency pond overflow). The water surface in the upstream wetland was approximately
one foot above the water surface in the detention pond, and within six inches of overtopping the
berm between the two areas.
Per meetings with the City of Federal Way staff on January 7, 1997, it was indicated that the
aforementioned stonn was approximately a 25 year storm. Given the elevation of the above
referenced 25-year storm event of 4.33 feet for a combined detention pond and wetland (with
12"equalizing pipe), it would suggest the facility is performing as one facility for a 25 year storm
event where the point of calibration (six inches below the emergency pond overflow is
approximately elevation 4.27 feet) seems to be a very close match.
In summary, the analysis of the available storage within the Regency Woods- detention pond
indicates that the proposed pumping of flow from Mud lake can be accommodated for the 10.
year, 25-year and 1 DO-year design storms without the need for any increase in the discharge flow
rate from the Regency Woods detention pond. The IO-y~ar storm event is not Utilizing the one
eXHIBIT1
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13
Drainage System Analysis
Revised October t, t 997
Page 25
l.
foor of freeboard which would be the current design criteria for the City of Federal Way if a new
development 3ppticnrion was m:lde föl' l¡i~ :lite.
Per the as-built plans on file with King County (attached in AoDendix 0). th... nlltl,., ni th.. M""MI
NOV-03-1997 11:53 253661 8Ø99 P.13
EXHIBIT ~
PAGE~OF-Z.
"&....\....c:.IVEO
OCT 2 9 1997
ESM inc.
A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING fiRM
(I
October 28, 1997
Project No. 163-03-950-003
Mr. Jeff Pratt, P.E.
City of Federal Way
33530 I" Way South
Federal Way, W A 98003
RE:
Enchanted Parks - Water Quality Requirements
EXHIBIT F
P A G E~r:;~ i-'~
Dear Mr. Pratt:
As discussed at our 10/6/97 meeting, I have calculated the size of a wet pond to accommodate the runoff
trom the entire Enchanted ParkslWild Waves site, with the exception of the future phase 2 parking lot
which will have it's own wet pond (calculations are attached). The results were determined using the
requirements trom the 1996 King County Drainage Manual, and show that the required wet pond storage
volume must be at least 212,782 cubic feet.
.
Using field survey information for Mud Lake. the actual dead storage volume of the Lake below the
proposed minimum water surface elevation of 208.0 was determined to be 457,965 cubic feet. The
volume of the pond above the maximum allowable depth of 8 feet is 402,876 cubic feet, which is 1.89
times the required volume.
In addition to the required wet pond volume, other recommended or required design features trom the 1996
King Couney Surface Water Design Manual are met for Mud Lake with the proposed stormwater pumped
system improvements, as follows:
.
A flow length to width ratio greater than 3 to I minimum is desirable.
The actual length to width ratio of Mud Lake is approximately 3.6 to I. The flow length to width
ratio for the main inlet from the south end of the park, including the entire south parking lot, is
approximately 3.5 to I. The flow length from the north inlet to the lake, which carries flows from
the Enchanted Village area and trom the roller coaster area, is approximareiy 150 feet if meaiured .
directly, but because the inlet is offset trom the pump intake, the actual flow distance is
significantly longer due to the circulation route of the inlet flow, and most likely exceeds a 3 to I
effective length to width ratio.
.
The wet pond portion of the combined detention and wet pond shall consist of tWo cells.
In effect, the entire Mud Lake will act as the flfSt cell of a tWo cell "pond", with the discharge
from the lake being pumped to the detention pond for the new parking lot on Parcel "V" to the
south, which effectively acts as a second cell before release to the downstream wetland.
720 South 348th Street. Federal Way, Washington 98003
Federal Way (206) 838-6113 . Tacoma (206) 927-0619 . Seattle (206) 623-5911 . Fax: (206) 838-7104
-r
Mr. Jeff Pratt. P.E.
October 27, 1997
Page 2 of 2
.
The depth of the wet pond shall not exceed 8 feet exclusive of sediment storage in the fIrSt cell. Pool
depths in excess of 6 feet require some fonn of recirculation in the summer.
The majority of Mud Lake is less than 8 feet deep (at the nonnal high water elevation of 208.0),
with additional depth at the center for sediment storage. The pond is currently being aerated with
a large floating fountain during all summer months, as required.
Other water quality issues which must be addressed include 'Source Control Measures', and 'Oil Control
Measures' .
.
Appropriate source control measures, as identified as Best Management Practices (BMP's) in the King
County Stonnwater Pollution Control Manual, will be applied to the site as appropriate in response to
site redevelopment. Typical measures may include. but are not limited to the following: storage and
processing of food items; storage of solid wastes and food wastes; cleaning or washing of tools and
equipment: cleaning or washing of cooking equipment; vehicle washing and steam cleaning;
swimming pool and spa cleaning and maintenance; and other measures as deemed necessary to
maintain proper source control of the site.
.
There are currently Oil/Water Separators in use on all existing outfall pipes to Mud Lake. These
Oil/Water Separators are maintained regularly, and are supplemented in the area receiving runoff from
the new roller coaster with two catch basin inserts to remove additional oils and sediments from the
system.
I[you have any questions, please contact me.
/'21£
/ , / '
2/ .~
STEVEN D. KITTERMAN, P.E.
Senior Project Manager
..¡.
attachments
cc:
Jerome L. Hillis - Hillis Clark Martin & Peterson
documcntll6JO31~a
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LOCATIONS IN ALL AREAS
ARE APPROXIMATE
AND ARE HOT INTENDED TO UMIT
mE LOCATION OF SUCH USES
ENCHANTED PARKS ~XATlœ
ENC><ANTED PARKS. INC.
}ó201 ENC><ANTED PARKWAY SO.JT><
FEDERAL WAY. UJA "\8ØØ}
(g~~.~~?it J
lDEVfElOPM fEU\!] 1
ACT~V~T~ES
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EXHIBIT«
- ..
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Christopher Brown (!f Associales
879 Qainier Avenue No. ðuile A-201
Qcnlon. \Y/ A 98055-1380
(206) 772-1188 Fax 772-4321
Mr. Jeff stock
Enchanted Parks
31919 1st Avenue S. Suite 100
Federal Way, WA 98003
August 26, 1994
Re: Traffic Generation Study
Enchanted Parks
Dear t>1r. Stock,
please find the results of trip generation study commissioned for
the Enchanted Parks.
Incidentally, this data is site specific and obviously unique to
your site. However, with "employees" and "acres" as independent
variables the data could then apply to any similar facility.
Further, since you know your ticket sales by day-of-week and
month-of-year you can also estimate traffic demands by ratio.
If you have any questions, please call.
Yours truly,
tfQl~
jjh/CVB
encl.
EXHIBIT ~--,.
PAG E , OF.I
)
l
'--'
Traffic t:ngineers 65 Transporlation Planners
EXHIBiT !(
.. .... .... ..
.... ..' . .
. .
. .. . ..
.. . , . . . .'. . .
.. .'. .. .. ..'
. . .............. ....""" .-. ............... ... .. . .
Enchanted Parks
Traffic Volumes
. ..
Daily Volumes
2,360
Saturday Sunday
8/13/94 8/14/94
2,563 1,929 ..
Period
Friday
8/12/94
. ..
. ..
. .
Peak Hour Traffic Volume
(Site)
....
.. .
AM Peak Hour (11 :OO-Noon)
(in)
(out)
. ..
PM Peak Hour (7:00-8:00)
(in)
(out)
513 523
135 123
111 138
520 662
408
77
..
.. .
. ..
. .
51
510
..
...
.. .
..
...
Peak Hour Traffic
(Adjacent Street)
....
..
.....
.. .
....
AM 7:00-9:00
(in)
(out)
27
22
NA
NA
NA
NA
. .
...
.....
..'
. .
....
PM 4:00-6:00
(in)
(out)
100
261
NA
NA
NA
NA
. .
....
.. ...' .. -....... .. .. .. ...... ..... .... ..... . .... ........ .. -.... "'" .. .. ... . ..... ......... ............ ................ ... "" ............-.... - ....... ..-..,...
....... ... ....
. .. .' ..... ....""'" .. . . ..... ........ ....... ......... ...............,............ .
.. .."" ... ... ........' . . ........ ...... ..,...'. """"""'" ..... ......... ..
.. ." .. ... . ... ..... . . ............ .. .......... ...
...' .' ....... .... . ...... . ........... .... . .............. ...... .. ...
. .. . ..... . . . ....... ..'" .. . .." . ..... .......
.' ."" .... ... . ..... ..........
....... ....... ..... ....." ,.. .....'.. .":.: ..::: '.. ..."...... '. . .. ........" ..','..'.'.". ..' ...'. .:' .;..........'."....":..:./::'.: '..:.... ..:.... .
Note: Occupant to vehicle ratio = 2.5
EXH I B IT -'-._.~.__.
PAGE~OF_5_..__.
)
~
Christopher Brown (çf Associales
879 Rainier Avenue N.. Suite A-'201
Renton. W A 98055-1380
(206) 77'2-1188
Encharl~ðd Village
Friday's Traffic Volumes
600
500
(j) 400
(l)
E
::J
0
> 300
()
~
ro
'-
~ 200
100
0
6:007:008:009:001 0:00 1 :OQ 2:001 :002:003:004:005:006:007:008:00
(am) TIME (pm)
'.
1- Inbound ~ Outbound I
..
--.... .
J
:V)
, :' ~
( ......'
;0
'-,
w
ø
~
Enchanted Village
Saturday's Traffic Volumes
700
600
500
\.
If)
<1)
E
:J 400
.0
>
()
~ 300
(\)
\...
r-
200
100
0
7:00 8:00 9:0010:0011 :002:001 :00 2:00 3:00 4:00B:00 6:00 7:00 8:00
(am) TIME (pm)
,
1- Inbound ~ Outbound I
1tJ. I'~~
! L ,
---
..,;J
Enchanled Village
Sunday's Traffic Volumes
600
500
(j) 400
Q)
E
::J
0
> 300
()
,-
~
(1j
I-
~ 200
100
0
6:007:008:009:001 0:001 :002:001 :00 2:003:00 4:005:006:00 7:008:00
(am) TIME (pm)
1- Inbound ~ Outbound I
-"
..-'
A
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,U
EXHIBIT L
, -"'"
B-twelve Associates, Inc.
EN CHANTED PARKS
CITY OF FEDERAL WAY
WETLAND ANALYSIS REPORT
;~.\
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PREPARED FOR
, MR. JEFF STOCK
ENCHANTED PARKS, INC.,
3 60 1 ENCHANTED P ARKW A Y SOUTH
FEDERAL WAY, WASHINGTON 98003
J
, BY ,
B-TWELVE ASSOCIATES INC.
1103 WEST MRRKRR. STREET, SUITE C
KENT, WASHINGTON 98032
APRIL 20, 1995
(JOB #95-108)
EXH I e ~f'"'~ La
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PAGE._' ~'1
1103 West Meeker Street, Suite C . Kent, WA 98032-5751 . (206) 859-0515 . Fax (206) 852-4732
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EXHIBIT. L
PAGE 21" --
ENCHANTED PARKS
CITY OF FEDERAL WAY
WEILAND ANALYSIS REPORT
2.1
1.0 - INTRODUCTION
1.1
Site Location
This report describes jurisdictional wetlands and streams on the southern portion of the
property known as "Enchanted Parks", located off Enchanted Parkway in Federal Way,
Washington (the "site" - see Exhibit A). In addition to the Enchanted Parks property, areas
downstream and to the south were investigated. Specifically, the areas off the Enchanted
Parks property investigated include the property located immediately to the south of the site
known as Enchanted Woods PUD, and the wetland located on the south side of South 369th
Way in the Regency Woods plat. -
- ,
1.2
Proposed Use -
The proposed project includes pumping of excess storm and surface water from Mud lake to
the south through Wetland" A" into the Regency Woods detention pond and eventually'
discharging into Hylebos Creek, approximately 3,400 feet to the south of the site. The
proposed project Will result in a slight modification to the hydrologic regime of Wetland "An,
also known as "Hylebos. Creek 34".
2.0
METHODOWGY
Ed Sewall of B-twelve Associates, Inc. marked wetland edges on February 10, 1995. A
combination of field indicators, including vegetation, soils, topography, and hydrology were
used to detennine wetland edges. Each point along the wetland edge was marked with pink
flagging numbered sequentially. Black and orange striped flagging was used to identify
sample points and were labeled DP#- and B-twelve. Wetland flags and data point flags were '
subsequently surveyed by ESM Inc. (see Exhibit B- site plan).
Wetlands on the site were identified using methodology described in the Federal Manuol for
Iden1ifying and Delineating Jurisdictional Wetlands (Federal Interagency Committee for
Wetland Delineation, 1989). This is the methodology currently recognized by the City of
Federal Way for wetland detenninations and delineations~ The wetlands delineated for this
project would also meet the criteria for jurisdictional wetlands using the methodology
described in the Corps of Engineers Wetlands Delinea1i.on Manuol (Environmental
Laboratory, 1987) -
The 1989 Federal Manual requires the use of the three parameter approach in identifying and
delineating wetlands. These parameters are a predominance of hydrophytic vegetation,
1103 West Meeker Street, Suite C . Kent, WA 98032-5751 . (206) 859-0515 . Fax (206) 852-4732
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April20,1995
Page,page
EXHIBIT-L
PAGEJ(21
existence of hydric soils and the existence of wetland hydrology. A predominance of
hydrophytic vegetation exists when over 50 % of the dominant species in an area have an
indicator status of facultative (FAC), facultative wetland (FACW), or obligate wetland (OBL),
according to the National List of Plant Species That Occur in Wetlands: Northwest (Region 9)
(Reed, 1988). A hydric soil is "a soil that is saturated, flooded, or ponded long enough during
the growing season to develop anaerobic conditions in the upper part" (Federal Interagency
Committee for Wetland Delineation, 1989). Anaerobic conditions are indicated in the field by
soils with low chromas (2 or less), as detennined by using the Munsell Soil Color Charts; iron
oxide mottles; hydrogen sulfide odor and/or other indicators. Wetland hydrology Í5 defined by
inundation or saturation to the surface for a period of at least one week during the growing
season. Field indicators include visual observation of soil inundation, saturation, oxidized
rhizospheres, water marks on trees or other fixed objects, drift lines, etc. Under normal
circumstances, indicators of all three parameters will be present in wetland areas.
3.0
3.1
OBSERVATIONS
Existing Site Documentation
3.1.1 Hydrologic Setting
ESM Inc. has produced a report entitled Drainage system evallUltion for Enchanted
Village/Wild Waves site, dated June 24, 1994. This report describes the surface water flows
and drainage patterns for the site. According to this report, nearly all of the runoff from the
site is directed into Mud Lake. Mud Lake is an isolated water body located in the western
portion of the Enchanted Parks property. The banks of Mud Lake are currently lined with
bulkheads. When the surface water levels of Mud Lake overtop the bulkheads, flooding of the
park facilities occurs. To prevent flooding of the facilities during periods of heavy runoff, the
park has pumped water out of the lake for the last 10 years. This water has been partially
directed south into the Enchanted Woods PUD property. This pumped water eventually flows
through the culvert under South 369th Way and into Wetland" A". Water within Wetland "AN
would slowly flow through the wetland to the south where it meets a berm. Water within
Wetland" A" then discharges into the Regency Woods detention pond. The culvert from
, Wetland" A" under the berm leading into the detention pond is equipped with a, flap valve.
This berm and flap valve back water up into Wetland" A" in periods of deep ponding 'within
, the detention pond. The combination of the water pumped from Enchanted Parks over the past
10 years and the backup of water associated with the detention pond appear to have changed
the hydrologic regime of Wetland" A". This change appears to include deeper and longer
periods of inundation, as well as possible changes in water chemistry.
"
3.1.2 King County Soil Survey'
The majority of the site is mapped as Alderwood gravelly sandy loam, 6%-15% slopes (AgC-
see Exhibit F). The Alderwood soil series is a moderately well drained soil that fanned in
glacial deposits below conifers. Both wetlands on-site ("Hylebos Creek 26" & "Hy1ebos
Creek 34 ") are mapped as containing the Seattle Muck (Sk) soil series. The Seattle Muck soil
serjes is made up of very poorly drained organic soils derived from sedge material. These soil
UnIts are typically found within depressions and valleys in the glacial till plain. The Seattle
Muck soils are listed as a "hydric" soils according to the publication Hydric Soils of the
United States (USDA NTCHS Pub No.1491, 1991).
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April 2O, 1995
Page, page
EXHIBIT ~..,
P A G E-f- 0 f27,
3.1.3 Wetland Inventories
According to the National Wetlands Inventory (NWI) map for the site, a single wetL:md (Mud
Lake) is depicted on the site (see Exhibit C). This wetland is mapped as containing both
emergent and aquatic bed wetland classes. According to the King County Wetlands
InvenJory, Vol. 3 South 1990 (King County Environmental Division 1991), the project
contains two wetlands. Mud Lake, located in the center of Enchanted Park is depicted as
inventory wetland "Hylebos Creek 26", a class 2 wetland under the King County criteria (see
Exhibit D). Approximately 900 feet south of "Hylebos Creek 26", "Hylebos Creek 34" is
inventoried (see Exhibit E). This wetland is located within the Regency Woods subdivision and
is inv~ntoried as a Class 1 wetL:md according to the King County criteria due to its bog
characteristics. '
3.2
Wetland Observations
\
Our field observations confinned the inventoried wetlands and two wetlands were identified
within the study area. Mud Lake ("Hylebos Creek 26"), which is located on the Enchanted
Parks property, was not delineated due to the obvious bulkhead edge. "Hylebos Creek 34" is
located within the Regency Woods subdivision was delineated with sequentially numbered pink
flags (A1-A34). '
3.2.1 Mud Lake - "Hylebos Creek 26"
As previously stated, the edge of this wetland is. defined by bulkheads. This wetland 'has been
totally surrounded by development associated with the Enchanted Parks facility. Most of the
wetland is comprised of an open water wetland class. A small area of emergent and scrub-
shrub vegetation persists on the southern end of the wetland. Cattail (Typha lotifalia), reed-
canary grass (Phalaris arundinacea), willows (Sala spp.) and hardhack (Spirea douglasiž) are
the primary vegetation species present within this area. '
Hydrologic inputs to this wetland appear to be direct precipitation and overland flow in
addition to stormwater flows through culverts into the wetland. Hydrologic outputs from this
wetland consist of evapotranspiration and probably some groundwater recharge. When water
levels in the wetland start to flood the park facilities, surface water is pumped from the '
wetland to a natural depression located on the south side' of the south parking lot. This
pumping technique has been an on-going operation for approximately the last 10 years.
According to the US Fish and Wildlife wetland classification methods (Cowardin et al. 1979),
this wetland contains the following wetland classes; PEM1G (palustrine, emergent, persistent,
intennittently exposed) and PSSIG (palustrine, scrub-shrub, broad leaved deciduous,
intennittently exposed) and POWH (palustrine, open water, pennanently flooded).
3.2.2 Wetland "A" - "Hylebos Creek 34"
Wetland" A" is located along the south fill slope for South 369th Way within the Regency
V(oods subdivision and is approximately 1.5 acres in size. A culvert under South 369th Way
dIscharges stormwater from the north into Wetland" A" at its north end. Surface water passes
through the wetland to the south and exits a culvert at the south end of the wetland. The
culvert at the south end of the wetland passes under a benD and enters a vegetated detention
pond. This pond has been designed to back up into Wetland" À" as described in Section 3.2.
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April 2O, 1995
P i
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EXHIBIT 4-,
PAGEiO~'c~_~7
Wetland" A" has been inventoried and described by King County as a "bog". The inventory
sheet for this wetland describes its condition as of June 10, 1981, when the wetland was
surrounded by undeveloped forest and Enchanted Parks was under construction. ,Since the
inventory date the surrounding development appears to have substantially altered the
hydrology, water chemistry and buffers of this wetland. As a result of this degradation, the
bog plant community, previously inventoried as being dominated by Sphagnum moss
(Sphagnum spp.), Labrador tea (Ledwn groenlandicum), bog laurel (Kalmia occždentalis) and
cranberry (Vaccžnium oxycoccos) has been greatly reduced. CuITently, only a small area
(approximately 4,OOOft2 in size) located in the center of the wetland retains this plant
community .
The plant community in Wetland "A" observed during our site visit is varied and contains
emergent, scrub-shrub and forested wetland classes. The emergent plant community is patchy
and is'dominated by pure stands of slough sedge (Carex obnupta) in some areas and mixes of
manna grass (Glyceria spp), fueweed (Epilobium angusdfolium), water parsley (Oenan.rhe
, sannentosa) and cattail (Typha lan/alia) in the wettest portions of the wetland. Western
crabapple (Pyrusfusca}, willows (Saiix spp), alder (Alnus ruhra), cascara (Rhamnus
purshiana) and hardhack (Spirea Muglasiz) are present in the scrub-shrub and forest plant
communities throughout the wetland. The exception to this is the previously described, small
patch of remaining bog vegetation dominated by Labrador tea in the center of the wetland.
This bog portion of the wetland displays well developed Sphagnum moss hummocks 18-24
inches tall covered with cranberry. Hardhack appears to be invading and smotheriong this
unusual plant ~co,"munity. '
Hydrologic inputs to this wetland appear to be direct precipitation and overland flow in
addition to stormwater flows through a culvert into the wetland. Hydrologic outputs from this
wetland consist of evapotranspiration and flow out of the south-end culvert. '
"
According to the US Fish and Wildlife wetland classification methods (Cowardin et aI. 1979),
this wetland contains the following wetland classes; PEMIE (palustrine; emergent, persistent,
seasonally floodèd/saturated) and PSS1E (palustrine, scrub-shrub, broad leaved deciduous,
seasonally flooded/Saturated) and PSS3B (palustrine, scrub-shrub, broad leaved evergreen,
saturated) and PFOlC (palustrine, forested, broad leaved deciduous, seasonally flooded).
4.0
FUNCTIONS AND VALUES
Function and value assessment of the wetlands on site was based upon the methodology
described in Wetland Values: concepts and methods for wetland evaluation (Reppert et al.
1979). This evaluation technique allows a non-quantitative analysis of the following wetland
functions and values: natural biological functions including food chain productivity and
habitat; wetland use as sanctuaries, refuges or_scientific study areas; shoreline protection;
groundwater recharge; storage of flood and stonnwater; water quality improvement;
hydrological support and various cultural values. Each function can be scored high (3),
moderate (2) or low (1). The mean of these scores gives an overall rating for functions and
values for a wetland.
Re~ults of the RAJpert analysis indicates that Mud Lake has a low overall function and value
ratmg. This low rating is expected due to the total isolation by development and bulkheading
of tile edge. Mud Lake is essentially functions as an aesthetic. amenity as well as a detention
pond for the Enchanted Parks development and provides few other wetland functional values.
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April 2O, 1995
Page, page
EXHIBIT La
P AGE -' 0 F .a ~1-'
----~-.-
Wetland" A" (Hylebos Creek #34) received an overall score of 1.8 indicating moderate overall
functional value. The highest scoring functions that this wetland provides are for water
purification and for its bog plant community. These functions conflict with each other as a
bog plant community is typically very sensitive to changes in hydrology and water chemistry.
However, the influx of nutrients and increase in surface water inundation and duration of
paneling appears to have reduced this plant community to a remnant of what it once was.
5.0
IMPACTS
Since the proposed use of the site is an on-going practice, no additional impacts are
anticipated. The pumping of surface water from Mud Lake to the south has been an existing
use for over 10 years. Any impacts to Wetland" A" from this diversion of surface water have
already occun-ed. Wetland" A II appears to have been altered from its original bog plant
community from a combination of the development associated with the Regency Woods
Division 1 and the alteration of the hydrology and water chemistry associated with the Mud
Lake water pumping operations. The plant community of Wetland" A" appears to have
adapted to the changes in hydroperiod, water chemistry and depth of inundation at this time.
6.0
REGULATIONS
The City of Federal Way regulates wetlands and streams under Chapter 80 (Environmentally
Sensitive Areas) of the City of Federal Way Zoning Code. All wetlands are protected as well
as a 100 foot buffer measured from the wetland edge. However, the Regency Woods Division
1 project was developed prior to the adoption of its sensitive areas codes. As a result, no
vegetated buffers remain adjacent to Mud Lake. Buffers adjacent to Wetland" A II are defined
by lots, roads and the detention pond. '
In addition to the City of Federal Way wetland regulations previously described for wetlands
and streams, certain activities (filling and dredging) within "waters of the United States" may
fall under the jurisdiction of the US Army Corps of Engineers (ACOE). The ACOE regulates
all discharges into "waters of the United States" (wetlands) under Section 404(b) of the Clean
Water Act. Discharges (fills) into isolated and headwater wetlands up to 2.0 acres are
pennitted under the various Nationwide Permits. Wetlands adjacent to streams with mean
annual flows ~5cfs and other waters of the United States may be considered "adjacent" and
would, require going through the Individual Pennit process. However, the Corps has requested
that all consultants refrain from making recommendations as to whether a wetland is isolated,
headwaters or adjacent. These detenninations can <?nly be made by the Corps.
Agricultural land wetland delineations are now reviewed by the NRCS (Natural Resources
Conservation Service) for the USACOE using the National Food Security Act Manual
(NFSM). The NFSM manual uses slightly different criteria to identify wetlands than both of
- thc? ~ederal manuals (1987 & 1989). Depending on the history, drainage modifications and
eXlstmg conditions, NRCS may detennine that some wetlands are considered "fanned
:ve~ands", "fanned wetla.r;.d pastu~es" or "prior converted croplands". Areas detennined to be
pnor converted croplands" are exempt from regulation by the Corps. However, the Corps
has requested that all consultants refrain from making recommendations as to whether a
wetland meets any of the agricultural wetland designations. These detemúnations can only be
made by the Corps and the NRCS. As previously noted, the City of Federal Way regulates
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,April.20,1995
Page. page
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jurisdictional wetlands according to the 1989 Federal Manual. The City Code does not
specifically exclude "prior converted croplands" from regulation. Therefore, the City of
Federal Way may continue to regulate wetlands that are not regulated by the Corps.
, '. ,
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If you have any questions regarding this r~rt, please call us at (206) 859-0515.
Sincerely,
B-tWelve Associates, Inc.
.4?" ~
Ed Sewall
Senio~ Wetlands Ecologist
Füc: Edm I œw A..doc
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April 2O, 1995
Page 7 "
REFERENCES
. .
City of Federal Way Zoning Code Chapter 80.
Cowardin, L, V. Carter, F. Golet, and E. LaRoe. 1979. Classification of Wetlands and
Deepwater Habitats of the United States. U.S. Fish and Wildlife Service, FWS/OBS-79-31,
. Washington, D. C.
Enviro~mental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual,
Technical Report Y-87-1. U. S. Army Corps of Engineers Waterways Experiment Station,
Vicksburg, :Mississippi.
Federal Interagency ComTIÚttee for Wetland Delineation. 1989. Federal Manual for
Identifying and Delineating Jurisdictional Wetlands. U.S. Army Corps of Engineers, U. S.
Environmental Protection Agency, U.S. Fish and Wildlife Service, and U.S.D.A. Soil
Conservation Service, Washington, D.C." (Cooperative technical publication).
Golet, F.C. 1979. "Rating the wildlife value of northeastern freshwater wetlands", pages 63-
73. In P.E. Greeson, J.R. Clark, and J.E. Clark, eds., Wetland functions and values: The
state of our understanding. Amer. Water Res. Assoc., Minn. MN. 674 pp.
Hitchcock, C. and A. Cronquist. 1976. Flora of the Pacific Northwest. University of.
Washington Press, Seattle, Washington. .
King County Planning Division. 1983. King County Wetlands Inventory Notebook, Vol.s 1-
3. King County Courthouse, Seattle, Washington. "
Kulzer, L, 1990. Water Pollution Control Aspects of Aquatic Plants. Seattle Metro, 38p.
"" "
Munsell Color. 1988. Munsell Soil Color Charts. Kollmorgen Instruments Corp., Baltimore,
Maryland. "
Novitzki, RP. 1981. Hydrology of Wisconsin wetlands. U.S. Geol. Surv. and Univ.
Wisconsin-Extension Geol. and Natural Hist. Surv. Info. Circ. 40.
Reed, P., Jf. 1988. National List of Plant Species that Occur in Wetlands: Northwest
(Region 9). 1988." U. S. Fish' and Wildlife Service, Inland Freshwater Ecology Section, St.
Petersburg, Florida.
Reppert, RT., Sigleo, W., Stakhiv, E., MessI11an, L and C.D. Meyers. 1979. Wetland
Values: Concepts and Methods for Wetland Evaluation. USACOE Institute for Water
Resources Res. Rpt. 79-RI 1000p.
Steward, A. , L Dennis, and H. Gilkey. 1963. Aquatic Plants of the Pacific Northwest.
Oregon State University Press, Corvallis, Oregon.
U.S.D.A. Soil Conservation Service. 1988. Soil Taxonomy. Robert E. Krieger Publishing
Company, Malabar, Florida-
fXHIBf,¡ ---,'/-
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This map is copyri&htal by mOMAS BROS. MAPS. II u unlawful
IX) C1:1f11 or rcproduc:e ill or any pan thereof. w!Icthc:r for
pcnoa:ù \UC or =I.e, without pc:miuion.
B-twe.lve Associates, Inc.
Ecological Systems Design dt Management
1103 W. Medc.a' SL. Suite. C lú:nt. WA 98032
(206) 85~5l5 Fa.x (206) 852-4732
Job#.. ~/ð8, J
Drawn by: /Þ.s
Revised:
Date: 3./3-9S-
Scale: ....-v,-<-
Checked by:
ENCHANTED PARKS
CITY OF FEDERAL WAY, WA
A PORTION OF THE NW 1/4 SECTION 33, TOWNSHIP 21 N., RANGE 4 E., W.M.
- ~. ~ EXHIBIT B:
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Photo Date: 05/01/80
'WETLAND: Hylebos Creek 26
coMMUNI 1Y
pLAN AREA: Federal Way
BASIN OR
DRAINAGE: Puget Sound
LOCATION
(S,T,R): SW-SW 28, 21N, 4£
ACREAGE: 2.1
CLASSIFICATION:
SENSITIVE AREA 1v1AP#: 6
Fish & Wildlife Service
Common Name
PAB4
Palustrine Aquatic Bed Floating-
leaved (YeHow Pond Lily)
Palustrine Open Water
Open Water
POW
Open Water
EXHIBIT '-
P AGE .Li-«~A'a' ~.
W,ù""d boundari" sbown "" ,ppCO'"""" F",u", fidd studi" J o",,"'<y to "'~mn tho "tu'¡ d,lio",;on of
the weùand according to the Fed.£ral Manual for Id.£ntifying and Delineating Jr.uisdictional Wetlands.
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Herbs: NP OS PH PP TL UM
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Birds: MA RB MW SS .
Mammals :
Fish:
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Other: BF
J HYDROLOGY:
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Type:
Condition:
Outlet:
Type: None.
Condition: Not observed.
- .:) Òutflow enters: None.
<) Water movement through wetland:
Observed water quality in wetland:
I
~XHIBIT D .
.. Hylebos Creelc 26
.:
) SIGNIFICANT HABITAT FEATURES: Severa11ogs mixed with floating aquatic beds.
1
~GENERAL OBSERVATIONS:
Mud Lake. Some freeway noise.
~TLAND RATING (see Introduction for criteria): 2
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Species listed arc only those observed during field vis.Ïts. Further field studies arc necessary to obtain a complete list-
including rare, threatened, and/or endangered species.
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Photo Date:: 05/01/80
Scale: I" = 500'
Inventory Date: 06/10/81
WETLAND: Hylebos Creek 34
CO MMUNI1Y
PLAN AREA: Federal Way
BASIN OR
DRAINAGE: Puget Sound
LOCATION
(S,T~): NW-NW 33, 21N, 4E
ACREAGE: 1.4
CLASSIFICATION:
SENSITIVE AREA MAP#: 6
Fish & Wildlife Service
Common Name
PSS3
Palustrine Scrub-Shrub Broad-
leaved Evergreen (Labrador Tea)
Palustrine Scrub-Shrub Broad-
leaved Deciduous (Red Alder)
Bog
PSSI
Bog
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Wetl:wd boundaries shown are approximate. Further field studies are: necessary to confmn the actual delineation of
the wetland aceürding to the Federal Manual for Identifying and Delineating Jurisdictional Wetlands.
1
1 OBSERVED SPECIES (refer to Appendix 1):
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Shrubs: GS KG LL RP SX SD VG VP
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Fish:
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Type:
Condition:
Outlet:
Type: None.
Condition: Not observed.
. .1'") Outflow enters: NcI1e..
. .
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. .
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I SIGNIFICANT HABITAT FEATURES:
,
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Hylebos Creclc 34
.'
Well developed bog containing high Sphagnum hummock with dense
Cranberry. Some freeway noise impacts. "
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Speåes listed are only those observed during field visits. Further fic:ld studies are neœssary to obtain a complc:tc list
including rare, thrc::.atened., and/or endangered speåes.
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P AGE I.., 0 Fa.. Ecological Systems Design & Management
~..J)03 W. Mccker'SL. Suite. C . Kent. WA 98032
(206) 859-0515 Fax (206) 852-4732
Job# : C?S-/o8
Drawn by: ¿:J¿5
Revised:
Date: 3-/3-9S""
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CITY OF FEDERAL WAY, WA
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FUNCTIONAL CHARACTERISTIC (Rep'pert et al. 1979)
Project: £ct.AJf<J ?--kJ Wetland: /11v'¡ LA/1¿ Date: 3-22-4S""
NA TURAL BIOLOGICAL FUNCTIONS
Food Chain Production
1. Net Primary Productivity - 10....- 0)
2. Mode of Detrital Transport - /00../ ())
3. Food Chain Support - /out/) k"=- I
Generalized and Specialized Habitat
This characteristic is evaluated primarily by completion of Habitat Evaluation
Checklist 0 VVt~ r-..f;t---'7 /4 .../ (I)
><=-/
AOUATIC STUDY AREAS. SANCTUARIES OR REFUGES
This area is not used as an aquo.tic study area, sanctUary or wildlife refuge.
HYDROLOGIC SUPPORT FUNCTION II
1. Hydrologic periodicity - /,6 /~s.+r':4 /ø'-J Ó)
,~,I... r<
2. Location or elevation within wetland system - I!.dJq/ ;.....-(1)
x-I
SHORELINE PROTECTION
1. Vegetation characteristics
.... A. Type of wetland vegetation - S~b~ 1.....(1)
B. Density of vegetation (%) b7"/p /"'~ /]) x=,
2. Areal extent - /", >-./ Ó) ><-4
3. Fetch - /..- '-' (v
4. Cultural development - ., t vt1:¡ "'j A 6) ;x== /,. ~
STORAGE FOR STORM AND FLOOD WATERS
1. Flood storage factor - S -"20 ~ of ,,",,~r--sU ,.o.¿, (7)
2. Flood retardation factor - 0---'" ~/" /4 .....,(v
)< -> /,;;-
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NATURAL GROUNDWATER RECHARGE
1. Groundwater recharge area (% of total watershed) - J-" '-" (!) x.::=- \
WATER PURlFICATION FUNCTION
1. Wetland Type
A. Hydroperiod - f../~)v.."-<. /".....0) 'K" .::::- I
B. Vegetation density - 2<>-S"8 ro' Iu..-Ið)
,
2. Areal Relations
A. Total area - ¿ ."'..ur'¡ 1.,....-(1)
B. Proportion of open water - » ?-5"'"'1.. Iv d.1)
C. Proportion of total water volume through system - ~ ¡,~6 )
D. ~ day BCD luddlil~ ~ x== I.?-
3. Geographic and Other Location Factors /-;)
A. Frost free period - > ~S?:> /., ~ j....; '-.0
B. Area not strategically located with respect to waste sources or
other water supply intakes - b,,1...... "'.'" -¡?"..,.¡- I. "'~ --- r:;-
...-.., v x - l. >< .:- J, -:¡-
CULTURAL VALDES
COMMERCIAL FISHERIES /1/4-
RENEWABLE RESOURCES AND AGRICULTURE /l/ A-
RECREATION X =7-
AESTHETICS X=-(
HISTORICAL OR ARCHEOLOGICAL IMPORTANCE /1/17-
HABITAT FOR RARE, RESTRICTED OR RELIC FLORA OR FAUNA >< ==- I
OTHER CONSIDERATIONS
SUMMAR Y AND CONCLUSIONS ov~ J) r",.)¡;...,¡ ::- /')7-
/ow
~XHI~Yï~: ~
t:. l" ..-......-¡--:-
PAGE 14;~' :~.__..~2-
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F1JNCTIONAL CHARACTERISTIC (Reppert et al. 1979)
Proj ect: E,~~¿;t.J{) I'~lfr Wetland: JI., k /)(IJ 3 Lf - ?-¡d1_) 'it "Date: 3':22-'~
NA TURAL BIOLOGICAL FUNCTIONS
Food Chain Production
1. Net Primary Productivity - /" ¡,.J (/)
2. Mode of Detrital Transport - /,-./(;)
3. Food Chain Support - ".,.) (z) x;- /. 3
Generalized and Specialized Habitat
This characteristic is evaluated primarily by completion of Habitat Evaluation
Checklist (/ v vr ,..,U /ì; h-) /0 o.J - .......,.,.~..... ~
AOUATIC STUDY AREAS. SANCTUARIES OR REFUGES
This area is not used as an aquatic study area, sanctuary or wildlife refuge.
HYDROLOGIC SUPPORT FUNCTION
1. Hydrologic periodicity - b"'J /ø..., (I)
2. Location or elevation within wetland system - 1'.!o/~,I.,,'¿ (;)
x==- /.0
SHORELINE PROTECTION
1. Vegetation characteristics
A. Type of wetland vegetation -
B. Density of vegetation (%)
2. Areal extent -
3. Fetch -
4. Cultural development - ¡VA
STORAGE FOR STORM AND FLOOD WATERS
1. Flood storage factor - ..( 5%, "f" <--"o+.v<t:W 10 ",C\)
2. Flood retardation factor - >3ð P), J..:,~ 6\
>:=2.0
EXHIB" .- ~_,L-_-.--
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NATURAL GROUNDWATER RECHARGE
1. Groundwater recharge area (% of total watershed) - >¿-::o
WATER PURIFICATION FUNCTION
1. Wetland Type
A. Hydroperiod - /(11../ (J) ¡.",t..!3> ")<=7.,0
B. Vegetation density -~:<.
2. Areal Relations
A. Total area - /,4.., l.s"-J (J) )
B. Proportion of open water - h'1hÚ
C. Proportion of total water volume through system - >5õ"A ;",:.ó)
-Ð. 9{, MY DCD loaJ~_Hg- x'=;- 2,3
3. Geographic and Other Location Factors
A. Frost free period - ~2::;?;J .,.I~.; .I..;L...6)
B. Area not strategically located with respect to waste sources or
other water supply intakes - 1.J,- ----- c.F ---;::-/""-+ (2.)
;X=2,.~ ~~3
CULTURAL VALDES
COMMERCIAL FISHERŒS /?//l-
. ..
RENEW ABLE RESOURCES AND AGRICULTURE /vl}-
RECREATION L,w - "'""w,y~ x-=-I,:;
AESTHETI cs hi; ~ x-=- ~
HISTORICAL OR ARCHEOLOGICAL IMPORTANCE /V-4
HABITAT FOR RARE, RESTRICTED OR RELIC FLORA OR FAUNA 811 h -;;-3
OTHER CONSIDERATIONS
SUMMARY AND CONCLUSIONS ~ dI r,.1Í~ 7 -::::- /.?S
/ 1"1'"1
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ROUTINE WETLAND DETERMINATION DATA FORM .
(Federal Manunlfor Identifying and Delineating JurisdictWncl WetImlds, January 1989)
B-TWEL VE ASSOCIATES, me.
Project: E~AJld p~ Jobl/: '15'-/08 Investigator. Ed Sewall Date: 2.-/0-CfS-
Jurisdiction: ¡::-~.. I ~'" State: /#11 Sample Point #: DP# ! Wetland:
,
Atypical areas analysis: ¡V'o
Problem areas analysis: ¡V'o
VEGETATION
Dominant plant species
1. ~..../..A-_,,\ /"1..VVZúJ); ,
2. o~,..,/..,..,... ("£"<AS,..ç.,....-.-r
3. (;.ø""If7..?.... st-....//",....,
4. /'o'..-rhd..--. ",",v,.-,:¡'vr-
5. /
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Indicator
F-¥- U
,F~u
/"" /H. v
FA£.t./
Coverage %
Stratum
T
S
.s
H
% of species OBL, F ACYl and/or F AC:
Comments:
0
Hydrophytic vegetarian criteria mer: Yes ~Marcinal
SOILS
Mapped Soil Series:
D~th(O in)
~in.
~in.
-~.
1Il.
Indicators present:_histosol,_hÏstic epipedon,_sulfidic odor,_aquic moisture regime,_reducing conditions,
~l~yin~,_~n~retions-,::--~ surfi~ial organic content..,-o,rganic streaking,_mottling
Hydnc solI cruena met:~ BasIS: NO / ~,,):c< Tl:Jd
Comments:
A-/kw",,~
Matrix color
/ DY (2.. z 'Z-
/ Oy(Z .3
On Hydric Soils list?: Yes ~
Mottle color
Drainage Oass: /11 V.J:D
Tex
'....-FF
c;:.,.....rt:II- <'~...
"
HYDROLOGX .
In~dated:-Y&;P Depth of Standing water. Saturated:.xÆ) Depth to saturated soil:
Ind¡c:¡tors present:_inundated,_satUr:ited upper 12. ,_water marlcs,_drift lines,_sediment deposits
_drainage pattems,_Oxidiz.ed rhizo~eres,_water stained leaves
Wetland hydrology criteria mer: Yes iN Basis: #(i ;:""/'-'II-hr.s
Comments:
SUMMARy OF ~
Hydrop~ytic vege~on:~\ Hydric soi1s:-TIß) ...,._~~d hydrology: Y&b
Data pOll1t lTU!ers tk criteria of a jurisdiaionol werland?:~
COMMENTS:
L
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h.lo: .,¡doW9.ooc
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ROUTINE WETLAND DETERMINATION DATA FORM ,
(Federal Manunlfor Identifying and Delineating Jurisdictional Wetlands, January 1989)
B-TWEL VE ASSOCIATES, me.
Project: Ev~,....¡¡..~j ¡:' --Lt r
Jurisdiction: t=~..1 \tJ~
A typical areas analysis : ~ ð
Problem areas analysis: ,vi>
JoM: Cf-1-/:J4 Investigator. Ed Sewall
State: h/~ Sample Point #: DP# "2..
Date: z:: - /0 - .,. =>
Wetland: Æ-
VEGETATION
Dominant plant species
1. fl//"V.J N b..--.,
2. /"rII><,;"'V-f I^-;Ó-'¡:"/'",
3. I"Arf"..c :>'""..,v(J+""",
4. '
5.
6.
7.
8.
9.
10.
11.
12.
13.
14,
15.
% of species GBL, FÀCW and/or FAC:
Comments:
Stratum
-
J
...,-
;I-
Indicator
F~
Fñ<.u
()ßL
Cüverage %
Hydrophytic vegetarion criJeria met: Yes No Marcinal
SOILS
Mapped Soil Series: .9-:. rf ~ f\1 '" ( IL
Depth(O in) Matrix color
Æin.
-~.
-~.
In.
Indicators present:~sol,_histic epipedon,~sul:fidic odor,...:-aquic moisture regime,_reducing conditions,
Hy~~t:1ïÍ ~':ïc;e:~~~~Nf; ~t~ orgEþ~~n¡nt,_organic streak:ing,_mottling
Comments:
On Hydric Soils Iist?~ No Drainage Class: V Þ.D
Mottle color Texture +
..:-;' br (~ p ¿,,;
I
HYDROLÇGY ,,/ .~.
Inundated:CY2t:I: Depth of Standing water. -1- Satura~ Depth to saturated soil: Sv r+: ~
Indicators present:_inundated,_saturated upper 12. ,_water marks,_drift lines,_sediment deposits
_drainage pattems,_Oxirl~SPheres,_water stained leaves
Werltmd hydrology criteria es No Basis:
Comments:
SUMMARY OF ~
Hydrophytic vegetarion:tQ::N Hydric soils&t; Wetland hydrology~
Dcua poim meers tM criteria of ajurisdicrional wetland?: Yes No
COMMENTS:
\ ..
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hi., "",-...9AOQ
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ROUTINE WETLAND DETERMINATION DATA FORM
(Federal Manual/or Identifying and Delineating Jurisdiäiorwl Wetlo.nds, January 1989)
B-1WEL VB ASSOCIATES, me.
r:=-. I. ~d ~ Job#: 'l5-/0A Investigator. Ed Sewall Date: Z. -/0 -crS-
Project: r.
Jurisdiction: /ÿ-þ(f / ~. State: ÞVI1 Sample Point #: DP#3 Wetland;
Atypical areas analysis: ,,~ >--\+V> Ix,;..... n",....~ ,;.-IJ ~'I'.... ,'-I"l.A~, ~f/.., 1=.,. I~;- ~Yrev-..J'
Pro b I e m areas analysis: '"y-, / /
VEGETATION
D 0 minan t P I an t spec:i es
1. ?k/~/S o.;v,..,,/.;"";' a-.
2. .s""....,"'v~"..! f"'.Q'-"'O$<c""
3. r:<vbv-S c1":; co hr-
4.
5.
6.
7.
8.
9.
10.
II.
12.
13.
14.
15.
Indicator /
FÆévv
FÆCv
F.ïie r)
Stratum
h'-
.s
..)
Coverage %
9'ó of species OBL, F ACW" and/or F AC:
Comments:
HydropJrytic vegeraIion criJeria mer: ye@ Marcinal
33
SOILS )
Mapped Soil Series: 4/k",'VI'
Depth(O in) Matrix color
~in. I D 'f /2- 3/7-
-In.
-~.
-In.
Indica.tors present:_histosol,_histic epipedon,_sulfidic odor,_aquic moisture regime,_reducing conditions,
---2leying ,_concretions , ~ surficial organic content,_organic streak:ing,_mottling
Hydricsoilaireriamer: Yes Basis: ./'-",1 ,".-/......h'f
Comments:
On Hydric Soils List?: Yes~ Drainage Class: /"-'1 wI>
Mottle color Texture!, A
/V'ð--./¿ o,r"ý~ s~ /aç,^1
¡" /
HYDROLQßY ". h
Inund.a.ted:tmi Depth of Standing water: /2 Saturated:cYfN Depth to saturated soil: ~ J r -- c....(
Indicators presenc_inundated,_saeura.ted upper 12. ,_water marks,_drift lines,_sedim.ent deposits
_drainage patterns,_oxidiz.ed ~SPheres,_water stained leaves
Werlo.nd hydrology aireria mer: No Basis:
Comments:
SUMMAR Y 0 F CRITER.IA /'
Hydrophytic vegeta.tion:~ Hydric soils: YfÑ) W~d hydrology:~
Data poirzr nu:ets IIu! cri1eria of a jurirdicrional. wei'Gnd?: Y~
COM1\1ENTS: Wt;f/...-,/ 70", .. i J-
""""
..-!-
" .>
;....: ""'""""II"",,,
E}f-
PA
.L_- "~
-...1L
211
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ROUTINE WETLAND DETERMINATION DATA FORM .
(Federal Manualfor Identifying and DelineaJ:ing Jurisdictional Wetlands, January 1989)
B-TWEL VB ASSOCIATES, INe.
Project: &d.-IrP/ ,P--I< Job#: éf5"-¡ðB Investigator-. Ed Sewall Date: Z--ID -<:¡ S-
Jurisdiction: Æ1b~,.1 w.. ¡ State: wA Sample Point #: DP#4 Wetland:
Atypical areas analysis: 'to,-! ""'~ ".... ¡"""",,,U;! I;" 6' #V'"~... ,¡:;.--"'"' Av /40. Ju.
Problem areas analysis: #0' ,
VEGETATION
Dominant plant species
1. AI,,~ r-J.O r~
2. s^"'" Q..-( <-(! """ c.t Mo J 0...
3. f.vbvJ I... (",-, ..~-S
4. V,..+-..:.c.. ';"'ðl'::'~
5.
6.
7.
8.
9.
10.
II.
12.
13.
14.
15.
..s
Indicator
PA-c..
l=.,4-c<J
¡::-rCU
F~~
Coverage %
S tra nun
"
..s
/---
.
% of species GBL, F ACW and/or F AC:
Comments:
5"0
Hydroplrytic vegetation cri!eria met: Yes No ~
SOILS
Mapped Soil Series:
Depth(O in}
'K~.
-~.
-~.
-In.
Indicators present:_histosol,_histic epipedon,_sulfidic odor,_aquic moisture regime,_reducing conditions,
---zleying,_concretions,_high surficial organic content, organic streaking,_mottling
HydricsoiI criteria mer: Yes ~ Basis: I\J' i....).-C':::h:.r.J'
Comments:
;}/L,-v,p J
Matrix color
2,SY 4/.3
On Hydric Soils List?: Yes 6V;> Drainage Class: /t1 k/D
Mottle color Texnu;e
$" ,..,..d .. 1# ... I'V\
HYDROLO~
In~dated: Y Depth of Standing water: Sawrated:tÎhi Depth to saturated soil: S; v rh.. cJ....
Indlca~rs present:_inundated,_sat1.1rated upper 12" ,_water marks,_drift lines,_sediment deposits
_dramage patterns,_oxidized ~SPheres,- water stained leaves
WeIland hydrology cri!eria mer Y No Basis:
Comments:
SUMMAR Y 0 F CRITERIA
Hydrop~ytic vegetarion: YfN-; Hydric soils:~
DaIa pomr meers flu! criteria of a jurisdic:ional WeIland?:
COMMENTS: }1", k~ ) c-. ..
,.AI-V\ ,~ ",;L~...
W~d hydrology(Ÿni
Yes~
Øor~-Ç.¿.-..1L.... '" (( I/"'~/ ¡::-r-,;...-....
...-
r. ",'-</1 i ",rr 2- .J c- ~I ç
,
pv-{') """'"1.
I , /
u.L
-2'
Sr:-'¡ -, -, "::;r.'
pt ~5
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ROUTINE WETLAND DETERMINATION DATA FORM
(Federal Manuclfor Identifying and Delineating Jurisdidional Wetlands, January 1989)
B-TWEL VE ASSOCIATES, me.
Project: E~U Y--k JaM: Q5-/oP; In v es ti gato r. Ed Sewall Date: 2-/Q -CfS-
Jurisdiction: ~#'l "-~ State: WI'!- Sample PoinZ~ DP# 6" Wetland:
A typ i c:al a.rca.s analysis: ~1. ;.., Jr..; 10.... d r-t, h /ú. /:.. ¿,:::...., h".{ {ÿ;)"" r<Lcv,J+ p........(1I-'"
Problem areas analysis: ' ,v:., '/ I ' -
VEGET A nON
D 0 II1ÍruI.n t P J an t species
1. 11'/""./../ iV tv....
2. 0,......1..,..,.... ("..AAs,f;,.......,',
3. ..s¿".... b,,('t.-.!' ¡-., CI~'"
4. ¡)),.,("",;¡ """"0"-"1,:,,,,,,('('&0..
5. l/,.. hI"'" d<',ð( <:.
6. ¿¿vh".! v,-~.;,<--...s
7.
8.
9.
10.
11.
12.
13.
14.
15.
S era !!Un
I
..5
5
/-r
17
H
Indicator
Þ+-Z
Fr+c oJ
F/"-.c.u
.FAc L../
¡= ¡Ct- c::.
FÆ-c U
Coverage %
% of species GBL. FACW and/or FAC:
CDmments:
)"0
Hydrapfryric vegetaIion cri1eria mer: Yes No ~
SOILS
Mapped Soil Series:
Deptb(O in)
(, in.
) 8"" in.
_tn.
_tn, ..
Indicators present:_hÎstosol,_histic epipedon,_sulfidic odor,_aqwc moisture regime,_reducing conditions.
~leying,~concrerions, ~ surfici.aI organic content,_organic streak:ing,_mottling
Hydric soil criteria mer: Yes N Basis: ,vo ,;..."f.é- C::.?J í
Comments: 4v~",....s CCA/c,-.,.f,;,..J ... f- eN d!.yíL,
HYDROL 0 G,x
In~daLcd:...J::1tl Depth of Standing water. Saturated:~ Depth to saturated soil:
Indlca~rs present:_inundated,_sa.tl.J.Iated upper 12' ,_water marks,- drift lines,_sediment deposits
_dr:unage patterns,_Oxidized ri1i.z.o~,_water stained leaves .
WeIi£lnd hydrology criteria mer: Yes Basis: ,....,0 /"~"L"""'4;........J-
Comments:
,1!kwo",)
Matrix color
/ ð '( [2.. 2./z..
/DYí2. ~
On Hydric Soils List?: Y es ~ Drainage Class:
Mottle color Texture
S ......,¿. I~ ""-'
5' -...,..t ~ f", .......
I'-1J../V
SUMMAR Y a F CRITERIA
Hydrophytic vegetation: YrN ~ Hydric soils: YMJ We$p.d hydrology' y{jf
DaIa pain! ~ers flu! criteria of ajurudicrional ~?: Yes (N<v .
~
C 0 MI\1ENT S :
'\
)
/
-
.....: "';"""'9""",
...L.
.,,-
EX~~
PAt'
...-. ."."
2'
c.
¡
-,
1
-,
1
1
I
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-7
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J
ROUTIN"E WETLAND DETERMINATION DATA FORM
(Federal iWanunlfor ldemifying and Delineating Jurisdictiorwl Wetlands, ]anuo.ry 1989)
B-1WEL VB ASSOCIATES, me.
Project: E^,c.J......,.'¡'~d J?-..-k. JohU: 95,/08 Investigator. Ed SewaU Date: Z -/0 -'95"
Jurisdiction: Fd.Þv./ .v'....", State: t.-/A 7;le Point #: DP# r;. Wetland:
Atypical an:.as analysis: '-'It)", w... Ibj ðV-P<" I./T:J f'r>1.i OV-""" /1,d'A /J /0 vCN- J
Pro b Ie m areas analysis: ;.v c) -
VEGETATION
Do~tp~t~ies .
1. SI7¡rt'#; ./01/<1"-$':'
2. 'S ð løvVv~ ./ oIeAn=. ----"'-<'
3.
4.
5.
6.
7.
8.
9.
10.
II.
12.
13.
14.
15.
Stratum
5
I-'
Indicator
F A-C. ¡,v
,ct4- c -
Coverage %
...
Hydrophyric vegeration crireria ~ No MarcinaI
% of species GBL, FACW and/or F AC:
Comments:
/vò
SOILS
Mapped Soil Series:
Depth(O in)
..ß:... in.
LLin.
-:n°
_Ln.
Indicators present:_histosol,_histic epipedon,_S1.Ùfidic odor,_aquic moiscure regime,_reducing conditions,
~1~Ying.'~7on~etions,_~ surfi~iaI organic conten~_o.rganic streaking,_mottling
Hydnc solI cnrena mer: Yes. BasIs: ,;V 0 n-,.r,r-..~ cr
Comments: c.""""cr~-f'.----S-':;7'- 8.,.."'" ~~ . -I;; 0/ -? i:z.""'" t1-...-í ¡ ~I "... '7:>,-
/
HYDROLO~
In~dated: y/N Depth of Standing water. Saturated:~ Depth to saturated soil:
IndIcators p ent:_inundated,_satura.ted upper 12" ,_water IriãIks,_drift lines,_sediment deposits
- d raina g e patte IDS , - 0 xi diz.ed ri:lizo SBh,e res , - w a te r s cain ed I eave;>
Werland hydrology crireria mer: Yes No} Basis: /Vð i~¡I,-!'..,h.-r-.J
Comments:
4/ciu '-"'~ c:P
Matrix colqr
/"112- 7..../1
/0 /¡2.. 4/2
On Hydric Soils List?: Yes t9
Mottle color
Drainage Class: It1 W])
Te~turel .
.s -----, / ,:., c..-,
-
SUMMAR Y 0 F CR.ITI;R!Ä
Hydrophytic vegetacion:(Yili Hydric soils: yrFtt Y W~N d hydrology: ~
Dara pail!! meers rhe crireria of ajurisdiaional w~?: ~
COMMENTS:
EXc,..n:t'i" . ',:' , L
B4G ~ . a;l".2L:
.
h..: "",.......,11.000
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 OPA 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 shall 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 FWCC, the following
principal uses are permitted outright:
1.
Regional Commercial Recreational Facility as defined herein;
}
Hotel on a parcel not to exceed five (5) acres and as regulated by Sec. 22-757
Exhibit C
Oftïce Park Zone (OP-4) Development Regulations
page I of 4
ATTACHMENT
Page 1 of 4
2
FWCC, except as otherwise set forth in these Development Regulations;
, ,
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 Agreement
pursuant to Federal Way City Code (FWCC) 19-104;
5.
Caretaker residence.
ß. 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. ACceSSOlY Uses. The following accessory uses shall be reviewed using that process
associated with the permitted use to which it is attached:
"
1. Warehousing and distributing, secondary to permitted primary uses provided
such use does not exceed twenty-five percent (25%) of the permitted use;
2.
Outdoor storage; and
3. 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.
bhibitC
Office Park Zone (OP-4) Development Regulations
A TT ACHMENT
Page 2 of 4
page 2 of 4
2
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
identi tied by the corresponding use in the FWCC Ot1ìce 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 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 :
1. The required site plan 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 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
Exhibit C
Office Park Zone (OP-4) Development Regulations
page 3 o( '-I
A TT ACHMENT
Page 3 of 4
2
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 surtàce 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 22-160 I, 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 22-160 I. 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 B are 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.
.'
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, S. 369th Street, and 19th Way South, and may be up to
seventy-five (75) feet high and up to thirteen hundred (1,300) square feet in area.
A TT ACHMENT
Page 4 of 4
2
11.'ClIIT.D\\'FX/llBllCCCiFcbruarvIO.I'J98
Exhibit C
Office Park Zone (OP-4) Development Regulations
page 4 of 4
A TT ACHMENT 3
PAGE 1 of 12
ATTACHMENT 3
A.
RESPONSES TO CITY COUNCIL QUESTIONS BROUGHT UP DURING THE
NOVEMBER 13, 1997 HEARING
1.
How does the King County code address removal of trees when property is
developed? Under existing King County code, could all the trees be cleared with
development? What kind of buffer requirement would there be under King
County for a parking lot?
Tree retention requirements under the King County code is done by assigning a P
Suffix designation to property. If a piece of property does not have a P suffìx
designation, there are no restrictions as to clearing of trees. However, King County
Code (KCC), Section 21A.16 -- Development Standards -- Landscaping and Water
Use has landscaping and buffer requirements governing development of property.
Based on King County Code (KCC), Section 21 A. 16, the average width of perimeter
landscaping along street frontages for commercial use or attached/group residence
development is ten feet of Type III landscaping. This means that whether a parking
lot which is accessory to a commercial use, such as Enchanted Park, or multifamily,
which could be constructed under the existing King County R-4 zone, is constructed,
the requirement for a ten foot wide Type III landscaping would apply. If a residential
subdivision was constructed, only street trees would be required.
Type III landscaping is a see-through screen that functions as a partial visual
separator to soften the appearance of parking areas and building elevations. Type III
landscaping is characterized by a mix of deciduous and coniferous trees generally
interspersed throughout the landscape strip to provide a continuous canopy. Federal
Way City Code (FWCC) , Article XVII -- Lands'caping requires a ten foot wide Type
1II buffer when an Ot1ìce Park (OP) zone abuts a right of way. This is a very similar
requirement to King County's.
For the new parking lot proposed for Parcel V the perimeter landscaping abutting
adjacent public rights of ways exceeds Federal Way requirements. Landscaping
proposed adjacent to Milton Road is a 10 foot wide Type I buffer. Landscaping
proposed to be installed along S. 369th Street as part of the Phase I parking is a
28 foot wide Type I buffer on top of a ten foot high berm. The landscaping
proposed to be installed with the Phase II parking is a 20 foot Type I buffer along
the remainder of S. 369th and 19th Way South.
In addition, King County requires interior landscaping to be provided within surface
ATTACHMENT 3
PAGE 2 of 12
parking lots. For example, 25 square feet of vegetation per parking stall is required
when 31 or more parking stalls are provided. The Federal Way requirement, which
the parking lot will comply with, is 22 square feet per parking space when 50 or more
parking spaces are provided.
2.
Staff was requested to research the eagle sighting.
City staff, the applicant's biologist and the City's biologist all visited the site. There
was no evidence of any raptor habitat nor were any raptors sighted.
3.
How would the city respond to a noise complaint from a citizen living outside
of Federal Way about a noise impact within our City limits?
The city would respond in a similar manner to a complaint about noise regardless of
whether the person lodging the complaint lived in or outside of city limits.
4.
What process is used by Federal Way to handle noise complaints?
If noise complaints from the evening operation of Enchanted Park were lodged
after normal city working hours, they would probably be received by the
Department of Public Safety. Based on information received from Deputy Police
Chief Wilson, the Public Safety Department would rely on Federal Way City Code
(FWCC) , Section 10-26, which states that It is unlawful for any person to cause,
or for any person in possession of property to allow to originate from the property,
sound that is a public disturbance. If a noise complaint was received by the Public
Safety Department, the department would take the complaint and monitor the
situation. Depending on the situation, experts would be called in to take noise
readings or the situation would be referred to the City Attorney's Office.
If the complaint was received during normal business hours, it would be forwarded
to the Code Compliance section. In order to resolve the situation, the Code
Compliance Officer would visit the business in question to try to resolve it face to
face. In resolving the situation, the Code Compliance Section would utilize FWCC,
Section 22-956 (a) , which states that the city has adopted by reference the maximum
environmental noise levels established pursuant to the Noise Control Act of 1974,
RCW ch. 70.107. Based on the provisions of the Noise Control Act, Enchanted
Park is classified as a Class B EDNA and the receiving residential neighborhoods
are classified as a Class A EDNA. Between 7:00 a.m. and 10:00 p.m., the noise
levels originating from Enchanted Park can not exceed 57 dba as measured by a
2
ATTACHMENT 3
PAGE 3 of 12
sound level meter located within the residential properties. Between the hours of
10:00 p.m. and 7:00 a.m., the noise levels may not exceed 47 dba. However,
there are the following exceptions:
At any hour of the day or night, the applicable noise limitations may be exceeded
for any receiving property by no more than (i) 5 dba for a total of 15 minutes in
anyone hour period; 10 dba for a total of 15 minutes in anyone-hour period; or
(iii) 15 dba for a total of 1.5 minutes in anyone hour period.
In order to determine whether the noise levels originating from Enchanted Park
exceeded adopted noise levels, the situation would have to be monitored.
5.
What process is used by King County to handle noise complaints?
Based on a conversation with Wally Swofford, Supervisor of the Chemical/Physica!
Hazards Program of the King County Health Department, in the past, the noise
ordinance was enforced by the Police Department, as a misdemeanor under the
criminal code. This process was based on maximum allowable noise levels and the
noise levels had to be measured at the time that the complaint was received.
King County will be changing the enforcement procedure whereby, a noise violation
will now be treated as a civil penalty and the police department could issue a ticket
on the spot as a public disturbance. Under this process, there will be no maximum
allowable noise levels set. Until the code is changed, the Health Department is trying
to resolve noise complaints to the extent possible over the telephone.
6.
Staff should draft a letter on behalf of Council requesting that no parking be
instituted on 369th. (It would be good if this happened before the next hearing
so that a good faith effort is shown),
The applicant, Jeff Stock requested that the City not draft a letter to King County.
Instead Mr. Stock has contacted King County about the request to restrict on-site
parking on the south side of South 369th Street. Based on information received lì'ol11
Mr. Stock, King County engineers have met with the homeowners three times so
far in an effort to address the problem.
7.
Does King County have Urban Design Guidelines for the Regional Business
zones.
King County has not adopted any urban design guidelines.
3
ATTACHMENT 3
PAGE 4 of 12
8.
The concomitant should be more specific about hours of operation and
buffering.
Between the November 13, 1997 public hearing and the present, the proposed
concomitant development agreement has been modified to be more specific about
hours of operation. Section 4.1 of the concomitant development agreement, which
addresses Hours of Operation, states that for property located south of the
north/south dividing line shown on Exhibit J of the Concomitant Development
Agreement, hours of operation are restricted from 9:30 a.m. to 10:00 p.m., seven
days per week and for property north of that dividing line from 9:30 a.m. to 1 :00
a.m., seven days per week. In addition, not exceeding 15 times per year, the Park
would be allowed to be open all night for special events such as graduation parties.
However, no outdoor music audible to surrounding residential property would be
allowed after 10:00 p.m., and furthermore, Enchanted Park would be required to
comply with all city ordinances related to noise, glare, and lighting. Last, if
required by the Director of Community Development Services, Enchanted Park
must make modifications to address noise and lighting impacts on adjacent
residential use.
Please refer to Section A.I of this attachment for a description of the proposed
buffering for the new parking lot proposed for Parcel V.
9.
What will happen with the large sign if the regional recreational use goes away?
As proposed in the concomitant development agreement and the development
regulations for the Office Park 4 (OP-4) zone, the existing large freestanding sign
located adjacent to 1-5 shall be allowed only in connection with a 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 B of the Concomitant Development Agreement are
convel1ed to uses other than Regional Commercial Recreational Facility uses. Upon
removal of a regional, high-profile, freestanding sign, FWCC See/ion 22-1601 shall
regulate high profile signs on the OP-4 Zoned property.
10.
How do we handle height in commercial zones in the City when development is
proposed adjacent to residential areas. Staff to prepare a comparison between
what is proposed within the concomitant agreement and existing city code.
Also, staff to research what King County Code would require.
4
A TT ACHMENT 3
PAGE 5 of 12
A comparison of existing height restrictions for selected districts and those
proposed within the development regulations for the Office Park 4 (OP-4) zone will
be provided to City Council members prior to the February 17, 1998 hearing.
11.
Does retail on the site become a detriment to the City Center Core/What is the
impact of the added retail to the rest of the City?
The comprehensive plan targets the city center for the development of commercial
and office uses for this region. The King County County Wide Planning Policies
define urban centers as concentrated, mixed use areas, a maximum size of I '/2
square miles (960 acres). At buildout, the policies envision that the center would
contain a minimum of 15,000 jobs within one mile of the transit center. or 50
employees per gross acre and an average of 15 households per acre. The urban
center designation will help Federal Way gain access to county funds needed to
provide infrastructure as the city center grows.
The city center zoning and development policies have been created in order to
achieve the household and retail densities envisioned for urban centers in King
County. The city center is approximately 414 acres in size with approximately 3.2
million square feet of existing retail development. Based on both vacant and
redevelopable land, the available retail building' capacity within the city center
core is approximately 2.8 million square feet and within the city center frame, it
is approximately 0.8 million square feet for a total of 3.6 million square feet. This
is more than adequate capacity to support the requirements for an urban center.
If there is additional retail development located within the Enchanted Park
Annexation area, this would open up another option for people to locate outside
of the city center. However, the same is true if new development were to occur
at any of the other retail nodes with development capacity within the city. It is not
possible to conclude with hard numbers how additional retail development outside
of the city center would impact it.
12.
What is our obligation and process if an eagle nest is discovered on Parcel Q?
If an eagle nest was to be discovered on Parcel Q, the City would be obligated to
follow all pertinent environmental laws relating to protection of eagles. In addition,
appropriate action would be necessary pursuant to the State Environmental Pol icy
Act (SEPA). As stated under Section A.2. of this attachment, city stall. the
applicant's biologist and the City's biologist all visited the site. There \\',IS IlO
evidence of any raptor habitat nor were any raptors sighted.
5
A TT A CHMENT 3
PAGE 6 of 12
.'
13.
Will the interior parking lot landscaping meet existing city code?
The interior parking lot landscaping exceeds the requirements of Section 22-156'" or
FWCC, Article XVII -- Landscaping pertaining to parking lot landscaping. Based on
this section, 23,430 square feet of interior landscaping would be required, and 31,845
square feet of interior landscaping will be provided.
14.
What is the history of zoning of Parcel V? (This question was brought up by
Council Member Watkins after the November 13, 1997 public hearing).
The September 1986 Federal Way Community Plan and Area Zoning shows Parcel
V as having two zone designations; the eastern portion is zoned Suburban
Residential and the western portion is zoned SR (RM-2400-P) (Exhibit 1 of
Attachment 3). This means that the eastern portion was zoned for single family
and the western portion was zoned for multifamily if constructed as a Planned Unit
Development (PUD).
On December 18, 1990, the final plat of Regency Woods Division I (Exhibit 2 of
Attachment 3). was recorded with King County. Regency Woods, Division I was
a 226.06 acre subdivision into 458 single tàmily lots, five multi-tàmily lots, and one
lot for business uses. Parcel V was designated as multifamily.
On December 20, 1993, Parcels T, V, W, X, and Y of Regency Woods Division
I were recorded as the Enchanted Woods Planned Unit Development (PUD)
creating 462 multi family units broken down as follows:
Parcel T - 0 units (drainage easement)
Parcel V - 177 units
Parcel W - 90 units
Parcel Y - 69 units
Parcel X - 126 units
On April 26, 1996, the portion of the PUD covering Parcel V was vacated by King
County upon Jeff Stock's request. Upon vacation of the parcel, the zoning of
Parcel reverted back to single family (R-4, Residential. 4 units per acre).
6
ATTACHMENT 3
PAGE 7 of 12
B.
RESPONSES TO QUESTIONS FROM THE PUBLIC BROUGHT UP DURING THE
NOVEMBER 13,1998 PUBLIC HEARING
1.
Potential impacts associated with removal of trees and construction of parking lot
on Parcel V
(i)
(ii)
(i ii)
(iv)
Large sign facing 1-5 will be a detriment to neighborhood, particularly
after the trees come down for the parking lot.
Music/noise is already a problem, taking down the trees will make it
worse.
Don't want trees taken down on 369th for reasons noted above related
to noise, glare visually being able to see the rides, signs, etc.
The rest area on Milton Road was used as an example of how trees can
be retained with development.
Between the November 13, 1997 meeting and the present, the applicant has met with
the neighbors and has incorporated perimeter buffering on Parcel V that far exceeds
both the King County and Federal Way code. In addition, a berm approximately ten
feet in height is proposed as part of the Phase I parking on parcel V. While removal
of trees may make the Enchanted Park activities more visible, trees themselves do not
act as a noise ban-ier. The installation of the proposed landscaping and berm should
act as an effective substitute for the removed trees. Furthermore, the existing
background noise from the freeway already acts as background noise for the rides.
Any glare or light on the Enchanted Park site must conform with the requirements
of FWCC, Section 22-954 which states that light sources must be located so as to
prevent glare produced from any light source, to the maximum extent possible, from
extending to adjacent properties or to the right-of-way. In addition, the maximum
wattage of outdoor lighting is regulated by Table 15-1 of the Washington Energy
Code.
2.
Potential Impacts associated with hours of operation
( i)
Extending hours of operations will allow the noise to go longer, parldng
problems stay longer and attract older children who may cause
problems.
Please refer to response under Section A.8 of this attachment.
(ii)
The language in the Concomitant relating to the Federal Way Director
of Community Development Services having the authority to modify
7
ATTACHMENT 3
PAGE 8 of 12
hours of operation was not enough. The residents feel that Federal Way
will not be responsive to complaints.
Please refer to response under Section A.8 of this attachment.
(Hi)
Concerned that neighbors won't be listened to by City, particularly if
Enchanted Parks is in City and they are in the County. Don't trust the
City or political system.
The City is obligated to respond to any complaints about activities within the
City regardless of whether the party complaining lives within the city or not.
3.
Environmental Concerns
(i)
Eagle's nest on parcel Q should be taken in to consideration.
Please refer to response under Section A.2 of this attachment.
(ii)
Concern about birds and that there is a wetland on Parcel V.
Potential adverse impacts on wildlife and birds were addressed as part of the
October 28, 1997 Determination of Nonsignificance (DNS). No threatened
or endangered birds are present on the site and the City received no
comments about potential impacts on birds from environmental agencies that
were sent a copy of the (DNS). The city's wetlands biologist and the
applicant's wetlands biologist visited the site and agreed that there is an
al1ificially-created wetland on site. The City issued an Addendum on January
30, 1998 addressing the artificially-created wetland. Artificially-created
wetlands are exempted under the proposed development regulations for the
Office Park 4 (OP-4) zone. The change to the development regulations does
not provide any significant new information as to the proposal's adverse
environmental impacts in light of the applicant's corresponding commitment
to provide an equivalent amount of surface water detention volume and water
quality measures in the vicinity of the existing artificially created wetland on
Parcel V.
"
8
A TT A CHMENT 3
PAGE 9 of 12
.t.
Concerns with proposed land use and zoning
(i)
(ii)
(iii)
(iv)
(v)
(vi)
Don't want parking allowed on 369th street.
Please refer to response under Section A6 of this attachment.
Don't want exits out on to 369th street.
The submitted site plan for Parcel V shows no exits on to S. 369th Street.
Furthermore, Section 4.28 of the concomitant development agreement states
that Direct vehicle access to South 369th Street shall be prohibited so long
as Enchanted Park is utilized as an Amusement Park.
Want significant buffer along parking lot at 369th.
Please refer to response under Section A.I of this report.
Don't want parking lot on 369th and don't want any future development
there.
Parcel V was pre-zoned Office Park 4 (OP-4) as part of the adoption of the
August 1996 Federal Way zoning map. As a result, it is zoned for future
development. In addition, under King County R-4 zoning, a wide variety of
residential could be constructed on the parcel.
The zoning of Parcel V (the southern 11.47 acres) should be such as to
allow parking lots only.
The approval of the parking lot on Parcel V will be part of the concomitant
development agreement. Therefore, if the concomitant development
agreement is approved by the City Council, the site will be approved for a
parking lot. Major changes to provisions of the concomitant development
agreement must be done in a public hearing by the City Council pursuant to
FWCC, Process VI- Legislative Approval.
Already too much retail in Federal Way, don't want more on Enchanted
property.
Please refer to response under Section All of this attachment.
9
ATTACHMENT 3
PAGE 10 of 12
(vii)
Is the proposed zoning more restrictive in terms of what is allowed, e.g.,
retail?
The 45 acre developed portion of Enchanted Park is zoned Regional Business
(RB) by King County. King County Code Section 21 A. 04.11 0 states that the
purpose of the RB zone is to provide for the broadest mix of comparison
retail, wholesale, service, and recreation/cultural uses with compatible
storage and fabrication uses, serving regional market areas, and offering
significant employment opportunities.
In general, under the King County code, permitted uses include grocery
stores, general and speciality retail, residential as part of a mixed use
development, hotels and motels, theaters, amusement and recreation areas,
amusement parks, conference centers, and general and professional office
use.
The 8.92 acre eastern portion located in the northwest quadrant ofSR 161
and South 366th Street, is designated Neighborhood Business and is part of
the Regency Woods Planned Unit Development (PUD). The parcel includes
a wetland which may limit the potential size of any retail uses. Based on King
County Zoning Code Section 21 A. 04. 090, the purpose of the neighborhood
business zone (NB) is to provide convenient daily retail and personal services
and to minimize impacts of commercial activities on nearby properties.
I n general, uses permitted within this zone include grocery stores;
neighborhood retail such as gasoline service stations, drug stores, and florist
shops; a variety of residential uses excluding single family use; hotels and
motels; and professional offices.
The southern 11.47 acre parcel is presently zoned Urban Residenfial/R--I
(four dwelling units per acre) by King County. Based on King Colin!)' Zoning
Code Section 21A.04.080, the purpose of this zone is to efficiently use urban
residential land, public services, and energy while implementing King
County Comprehensive Plan goals and policies. Permitted uses within this
zone include a wide variety of residential uses.
In general, the proposed zoning in terms of allowed retail on the majority of
the site is more restrictive than what would be allowed under King County
zoning, but is less restrictive than what is presently allowed under King
County zoning for Parcels Q and V.
10
ATTACHMENT 3
PAGE 11 of 12
5.
6.
Concerns about traf]ìc
(i)
There will be an increase in traffic associated with a hotel or retail on the
Enchanted Park site.
Any increased traffic associated with future development will be analyzed
and adequately mitigated through the environmental review process pursuant
to the State Environmental Policy Act (SEP A)
(ii)
There is already a traffic problem which is not being addressed. The
residents cannot get out of their area when the park is in operation
(takes them 45 minutes to get to the 348th freeway exit).
King County reviewed all prior development on the Enchanted Park and
submitted the applications to the required environmental review. If annexed,
any new development will be subject to review and approval by the City.
Please refer to above response.
Other Concerns
( i)
Don't want their property values diminished by the expansion of
Enchanted Park.
All future development will be subject to city review and approval subject to
terms of the concomitant development agreement and OP-4 development
regulations.
(ii)
There is trash when Enchanted Park is in operation.
Trash collection is a responsibility of the park owner. If the city receives
complaints, proper investigative steps will be taken pursuant to code.
( iii)
The homeowners had requested to be annexed with Enchanted Park,
now they are outside of this effort. They would like to be annexed in the
future.
The city is aware of the request and will process any requests for annexation
in compliance with city code.
11
ATTACHMENT 3
PAGE 12 of 12
(v)
Want a wall along freeway to block noise. Is there funding for the
concrete barriers that are constructed along freeways?
Whenever, any improvements are proposed for freeways, an Environmental
Impact Statement (EIS) is prepared pursuant to the State Environmental
Policy Act (SEP A). Among other potential adverse environmental impacts.
the EIS looks at potential impacts associated with noise. The results of the
EIS determines whether noise attenuation walls would be installed.
In 1992, the Washington Department of Transportation (WSDOT) did a
Noise Study as part ofthe ElS that addressed the addition of High Occupancy
Lanes in this vicinity along 1-5. WSDOT found that three residences would
be impacted by the project. Mitigation for the impact would have been a nine
foot high by 500 foot long wall. Cost per impacted residence would have
been $18,000 per residence. WSDOT's cost/feasibility threshold for noise
mitigation is $10,000 per impacted residence, therefore, WSDOT has
determined that noise mitigation would be cost prohibitive in this instance.
No noise attenuation walls are proposed adjacent to Enchanted Park or the
residential property to the south. The WSDOT contact is Bill Elliott at (360)
357-2738.
C.
RESPONSES TO COMMENT LETTERS.
1.
November 18, 1997 Correspondence from Sally Robinson
Please refer to response under BA.vii of this attachment.
2.
December 1, 1997 Correspondencefrom George Cltianlllloll
This letter did not specifically have questions to which a response was requested. It
included certain statements which by inclusion is being made part of the record.
1:\ENCHTEDW\ATTACHMI.WPD/February 11, 1998
12
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EXHIBIT a of A TT ACHMENT 3
November 18, 1997
P hil Watkins
Federal Way City CoULcil
Fax # 253-661-4024
Dear Mr. Watkins,
I attended the City Council meeting that was held on November 13th regarding the
annexation and re-zoning ofWlld WaveslEnchanted Village. There was one point that I
felt the city planner Margaret Clark did not make clear and I was wondering if the council
members were aware of this fact. The. question was posed to Ms. Clark by the council
regarding what could be built by Wdd Waves as it now stands with King County zoning
and Ms. Clark replied 'just about anything as it stands now, including a super mall'. The
parcel I have highlighted in black (where Wild Waves wishes to build a parking lot) on the
attached survey is currently zoned R4, residential 4 lots per acre under King County
zoning codes.
~
I felt Ms. Clark did not make this clear, what Wild Wave.s is asking for is in part a re-
zoning tÌ'om residential to office park, and as the zoning now stands they would not be
able to build absolutely ìî}tbing, at Ms. Clark implied in her presentation.
!fyou have the time, I would really appreciate a reply, just so I know you received my
message. That was my first council meeting I have ever attended and I was impressed
with you and also by Mary Gates. I felt you tried to see our side and asked intelligent
questions. I also liked the point you brought up about keeping the retail core of shops in
downtown Federal Way. I couldn't agree more.
Thank you,
~ ~ RÐb~~~
Sally Robinson
37115 17th Ave. S.
Federal Way, Wa. 980(.:3
Home # 253-874-2569
Work # 206-284-7617
ATTACHMENT
Page-l of 4
4
ATTACHMENT
Page 2 of 4
4
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EXHIBIT ~
PAGE I OF I
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CD d l'.n~ ~ Q d r e..s \ ,h.., ~ <cL <AJ I ¡(, ;.., "\
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RECEIVED BY
r,nMM\ INITY DEVELOPMENT DEPÂRT~I;:'r
;';F ~
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D ~, :.. L :'/1 Pi" ::!. ,
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~EURGE CHIAMULON
.;~-' 'I. ':,! 17TH /\\)E!'JLIE; '3CJUTH
FEDERAL WAY, WA. 98003
(?::)~:::; :::,E., J-2203
"["(",
. '...'
: CITY OF FEDERAL WAY
"~!i~ F.:Gi\ RET CL ,\RI<
:::::EN I (]R ?Lf-\NNEF:
3~530 1ST WAY SOUTH
r~JERAL WAY, WA. 98003
,::::::; ,:.
.::;¡:::, 1-' 1. 11
SUBJ: ENCHANTED PARK ANNEXATION, NOVEMBER ~3 PUBLIC HEARING
DE.;\F ¡'j;\Rt,C3RET
T HOPE CITY OFFICIALS WERE IMPRESSED WITH THE NUMBERS OF
PEOPLE ATTENDING THE MEETING. I FEEL THE UNDERLYING CURRRENT OF
¡'1:';l',;U~;T Ii::. "';E~~Y CLEAF:. I HOF'E CITIZr;'I\¡ COi\¡[:E~~I'.JS F'RCJt'1PT COUNCIL
:'~F¡'1F;' ii/::: i\ND F'L/1Nr,j'~ NG [:DI'11'1 I:3 I Oi.: i'1Fi'1;:¡F F:~; TC:: 'v' I SIT THE P nOPO'3ED
ANNEXATION SITE IF THEY HAVEN'T ALREADY.
DURING THE SUMMARY DF CALLS ANf ~ETTERS TO THE CITY COUNCI~,
I FE"~ AT LEAST ONE CALL WAS MISREPRESENTED. I VOICED CONCERNS
ADOU LEAV~NG TREE'S TO STAND ALONE AS THET WOULD FALL, WHAT WAS
NOT MENTIONED WAS COMMENTS ABOUT ~EAVING GROUPS OF TREE'S ~,
~3;'EC:"=C =.CiC/,-:-:;ONS; FOR COVERING.
~LLY UNDERSTAND PROCEDURES WERE FOLLOWED IN THE PREPARION
JF THE ANNEXATION REPDRT. RECOMMENDATIONS WERE MADE FROM THE
BL,\C:: ,:\i'LD ',lJ:lITE :JF IT ALL, E:Ur TCJ !vi,¿,!!y' U:::FT (. Lor OF GRAY t¡PEA.
MARGARET OLARK EXPLAINED AWAY NEARLY ALL OF THE CONCERNS OF THOSE
WHC EITHER CALLED, WROTE OR VISITED. IN PRE~ARING THESE
ANNEXA-ION PAPERS, I FEEL THE PEOPLE SURROUNDING THE PARK ARE
BEING LE~T BEHIND IN THIS GRAY AREA.
I ASKED MARGARET CLARK IF SHE HAD VISISTED THE SUBJECT AREA
DURING THE BUSY TIMES AND HEAvyrRAFFIC? MARGARET CLARK
Ii,Ul:.J,'-r:.:D i::::-iE \,<mULD BE LOC:W I 1\ C) /;TTrii:: ::.F:EA ~:;om\¡. ALTHOUGH 'HIS
'::(.,'-~ I~=:; ,ê\¡'j E><I~;TING Of.,iE,:-I Z;Ji.IE,=¡ :<,![TH ALL THE °EC;:r::::
A~:.QW NO SC MANY POSSIBILITIES TO ME IS APPALLING.
THIS AREA IS A CON JESTED ONE ~T BEST. LAST NIGHT I HEARD FOR
TU:.:
; , Ie.-
Fr H :~:; T T T 1'1 E
f:' HOTEL COULD
DE ßU I L -¡' U¡\~DE::
THIS ZONING. THIS
WOULD CREATE A FURTHER BURDEN ON THE TWO ENTRY'S TO THESE
DIVISIONS. THIS WAS AN OPPORTUNITY TO CHANGE THAT.
SUE:-
A TT A CHMENT
Page 3 of 4
4
I TRUST INCOME GENE~ATED FROM THIS ANNEXATION THROUGH TICKET
TAXATION IS NOT THE DRIVING FORCE TO APPROVE THIS PROJECT. I
FULLY UNDERSTAND THE CITY OF FEDERAL WAY POSITION IN BEING ABLE
TO '3,<\\' THE P¡.\RI< IS Po\i~:T Ii: T:E ::::~TY. n-:I:3 PCL3ITIDI'I ¡"lP..Y COi"lE ,:\T /\
HIGHER PRICE FOR THOSE WHO LIVE AROUND THE PARK.
ACCORDING TO PUBLIC WORKS, THE HEAVY TRUCK TRAFFIC WOULD
HAVE TO BE LOOKED AT ON MILTON HOAD DURING ENCHANTED ?ARK HOURS
OF OPERATION. THE FRONTAGE ROAD ( MILTON ROAD) WOULD BE WITHIN
nlE /1NNEX/\TIDN.. I H,ê;,"/E HF(,¡:;':D >:CTiili..jG ¡::..DOUT THIS F)[II;,T DF Uf?:;)E;:~ TCi
DATE FROM ANYONE IN THL CITY. PUBLIC WORK INDICATED THESE POINTS
OF ORDEr.: l.'.JCJL:LD BE DEl..T ~IJTTI.: i\i:TE~-;: THE /\r\I~.jE/,<~;,TICif\! -i¡'¡f?DL,[3H ¡'.¡EIR
EXISTING TRUCK ROUTE POLICY'S.
(,LJ IfH I 1\1 THE ¡:',<\S"I
TWC YEARS LLOYDS SAND AND
Gf~,:\'v'EL.. REDL_.I::::;-¡-ED
t'1UTHCiRI Z/\TIUN
TCi O:::;Er.j UP
THE :::;CJur-i
END (JF
::. '3TH L"y
c3UI.";':-!-.: FCJI~
THEIR TRUCK TRAFFIC. TO
MY KNOW_EDGE IT WAS DISAPPRCVE~
B\/ !<,:- ><C;
C::OU:.j-;y. THE f~OUTEr:iE'~)E TF?UCi_r:c: T,:.¡<E l'JOU!_D BE -:HFCUC3r: p, ¡:E~3;i;)E:\j-:-/i,-
AREA, WITH A TOT LOT LCCATED, ~HERE TrlE ROAD WOULD ACCESS 19T~~
';Jf'-:-.Y :;O~JTH. DURIr..iC; !3U~:;./ -!-I:':(::~:; _ifi-::E ~:;:jr<t.1F:¡=! -;-!-!E:3::: -i-;:; ;::.~"'.:. C:::Fr;
T:JF't..: Di\! 3E,':HH i\t..!D j.'~' .ii':,\;" -, :<.::::~:; .T"¡:~:: :-E/~,,',';. ,.__:-?':::
-¡-:.-IE jJf.'\liV.
THE DV..!!'JER
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,t:,:?U:...JND-'-:-iE :::'(.,:::'1< :" -.-',-' ,
,- '~'-',
>'!CJULD SUC3ESlu HI~;
I';"~ T i':¡ L_::,\i'!l:
.- ::L>:
-:,\¡.E ;--¡¡-:-:::'"..""
-.0-
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,,:;~ F' .-. '-', -,' ;
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Dr.;
Do";':: :..
-- , ,- ,- ,
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--, - ,-
,,',-".-.'.. ---'
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-,-' ¡,
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" ; ::=¡;i
AGb F<E:'1ENT) .
ONE GEi\r!LE!,,!Ef..j B¡:;:r::¡:.-'CJ¡:-: U? :H': ;!E~3TI:-'E3 E;;;C3l.:~::i=; ,::::n\¡ -"-:E EJ<::-- ,:::.CY,-,
OF THE PARK. THIS WAS A FIRSl FOR ALL CONCERNED.
IRRESPECTIVE OF THE PROS POSED ANNEXATION OF THE PARK WITHOUT
THESE SUB-DIVIONS, THE AFOREMENTIONED ISSUES STILL EXIST. THE
VALUE OF THE SUB-DIVIONS ( RESIDENTIAL) IS NEARLY SIXTY MILLION
DOOLARS. I WAS TOLD BY FEDERAL WAY PLANNING DEPARTMENT GENERALLY
THOSE TAX'S RECEIVED OFFSETS THE COST TO MAINTAIN -THE ADDED
FACILITIES. HOWEVER THIS WRITER IS HOPEFUL PROBLEMS WITHIN THE
SUB-DIVISIONS CAN BE OVERCOME SO WE CAN BE A PART OF THE CITY OF
FEDERAL WAY AT A LATTER DATE.
I WOULD REQUEST A COpy OF THIS LETTER BE MADE PART OF THE
FILE AND MADE AVAILABLE TO THOSE WHO WILL BE VOTING O~ THIS
MATTER FOR THEIR REVEIW..
RESPECTFULLY YOURS
~--~1:"ltl
1"",:,',--1."" I_,,-,~I-;'._L_!...'.,.
ATTACHMENT
Page 4 of 4
4
PETITION FOR ANNEXATION
TO THE CITY OF FEDERAL WAY
TO:
HONORABLE MA YOR AND CITY COUNCIL OF THE CITY OF FEDERAL WAY
33530 FIRST WAY SOUTH
FEDERAL WA Y, WASHINGTON 98003
Council Members:
Pursuant to RCW 35A. 14. 120-. I 50, the undersigned, who is the record owner of not less than
sixty percent (60%) in value according to the assessed valuation for general taxation of the real
property for which annexation is petitioned, hereby petitions the City Council of the City of Federal
Way (the "City") for annexation of the following area:
A legal description of the property for which annexation is petitioned (the "Subject
Property") is attached hereto as Exhibit A and incorporated herein by this reference. A map outlining
the boundaries of the Subject Property is attached hereto as Exhibit B and incorporated herein by this
reference.
The Subject Property is contiguous to the eastern boundary of the City. A chart showing the
ownerships within the Subject Property and tax assessments for these ownerships is attached hereto as
Exhibit C and incorporated herein by this reference. A vicinity map showing the proposed annexation
area is attached as Exhibit D.
Petitioner acknowledges that the City Council has required the assumption of any existing
City indebtedness by the Subject Property upon annexation, to be assessed and taxed at the same basis
and rate as other real property within the City.
Petitioner further acknowledges that as part of the annexation of the Subject Property, the
City Council will consider the adoption of an ordinance or ordinances establishing zoning on the
Subject Property to take effect upon annexation, including the following:
A Pre-annexation Concomitant Zoning Agreement establishing a Office Park Zone
(OP-4), pursuant to RCW 35A. 14.330, .340 and FWCC 19-104, for the Subject Property
owned or controlled by Enchanted Park, a draft agreement of which is attached as
Exhibit E hereto and incorporated herein by this reference.
Dated this 9 th.- day of February, 1998.
A TT A CHMENT
Page 1 of 5
(print name)
5
i
l./
Pelilion For AnnexalÌon
#7146315361-2 IJ5301'.DOC 2/06/98
page / of /
EXHIBIT "B"
TO ACCOMPANY LEGAL DESCRIPTION FOR ANNEXATION
A PORTION OF SECTIONS 28, 29. 32 AND 33.
TWP. 21 N.. RGE. 4 E., W.M..
KING COUNTY. WASHINGTON
n
SCALE: 1" = 400'
~
0 400 800
(3)
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C/J.j"
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h
A IT ACHMENT
Page 2 of 5
5
[I]
ESM inc.
, eM. (0(110(;. UI'O 'IPoff. J) I'INCI _101 rom1lC"",
720 So 348!h 51'..!
FEDERAL WAY. WASHINGTON 98003
PHONE (253) 838-6113
PARCEL OWNERSHIP
CD ENC~EO' PARKS INC.
CÐ ENCI-W4TEO PARKS INC.
0 ENCHANTED PARKS, INc.
0 ENCHANTED PARKS INC.
@ KING COVN1'I'
0 W.S.O.O.T.
CD
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POINI OF
BEGINNING
CD
JOB NO. 16.3-0.3-950:"006
DRAWING NAME' 163\O3\EXH-ANNP
DATE: 02-06-98
DRAWN. C.A.F/R.J.B.
SHEE:T 1 OF 1
A TT ACHMENT
Page 3 of 5
EYH" ~¡T ^
,\ IDI f\
5
IJL
ESM inc.
A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM
Enchanted Parks
Job No. 163-03-950-006
October 16, 1997
LEGAL DESCRIPTION FOR AA'NEXA TION
TO THE CITY OF FEDERAL WAY
Those portions of the southwest quarter of Section 28 AND of the southeast quarter of Section
29 AND of the northeast quarter of Section 32 AND of the northwest quarter of Section 33, ALL
in Township 21 North, Range 4 East, W.M., King County, Washington, being more particularly
described as follows:
BEGINNING at the northeasterly comer of Parcel "2" of "Regency Woods Division I"
according to the plat thereof recorded in Volume 154 of Plats, Pages 81 through 97, inclusive,
Records of King County, Washington;
THENCE southeasterly along the northeasterly line of said parcel, said line being coincident
with the southwesterly margin of Enchanted Parkway (AKA SSH No. 5-D / Kit Comer Road
South / SR 161) to the northwesterly margin of 19th Way South as shown on said plat;
THENCE southwesterly along said northwesterly margin to the northerly margin of South 369th
Street as shown on the plat of "Regency Woods Division 2" according to the plat thereof
recorded in Volume 156 of Plats, Pages 16 through 20, inclusive, Records of King County,
Washington;
THENCE westerly along said northerly margin and the westerly extension thereof to the easterly
margin of SR 5 (AKA PSH No.1), also being the City of Federal Way Limits as defined by King
County Code Ordinance No. 8779;
THENCE northerly along said easterly margIn to said southwesterly margIn of Enchanted
Parkway;
THENCE southeasterly along said southwesterly margin to the
POINT OF BEGINNING.
See attached Exhibit "B".
)
Written by: c.A.F.
Checked by: R.J. W.
\\esm\sys\wrd-proc\legaI\1630304.doc /0//7/17
720 South 348th Street. Federal Way, Washington 98
Federal Way (206) 838-6113 . Tacoma (206) 927-0619 . Seattle (206) 623-5911
. Fax: (206) 838-7104
"
ENCHANTED PARKS, INC. AND RELATED PROPERTIES
ANNEXATION TO THE CITY OF FEDERAL WAY
ASSESSED VALVES
OCTOBER 13, 1997
)
Parcel Tax Account Land Improvements
No. No. Taxpayer Value Value Taxes
1 282104-9026 Enchanted Parks, Inc. $1,456,000.00 $1,121,300.00 $2,577,300.00
2 282104-9025 Enchanted Parks, Inc. 146,700.00 76,600.00 223,300.00
... 721265-2350 Fairfield Developments, Inc. 583,300.00 None 583,300.00
j
4 721265-2310 Enchanted Parks, Inc. 298,000.00 None 298,000.00
5 222104-9014 King County Milton Road None Exempt
TOTALS: $2,484,000.00 $1,197,900.00 $3,681,900.00
A TT A CHMENT
Page 4 of 5
5
)
EXHIBIT C
#71917 15361-3 UHPOl'.DOC 10/24/97
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PlERCECOUNfY
A IT ACHMENT
9
KING COUNTY . Densities sh-
- Unincorporated Activity Center CJ Industrial density lost frc
COMPREHENSIVE additional den:
- Community Business Center - Forestry clustering and
PLAN - CJ (du = dwellinç
Neighborhood Business Center Agriculture
The 11aps in the Kin
LAND USE MAP - Commercial Outside of Centers - Mining appet1dices and this
inton"¡tlon system.
1995 - Urban Plan Development - Greenbelt/Urban Separator de(>d:ed on this m..
the ¡ppropri¡ts ¡¡¡ð
- r,::;:;: i insiDe front pocket (
Township 21 Range 4 Urban Residential> 12du/ac . King County Owned GrDrt~ M¡naQemer
CJ Open Space/Recreation or zcrung InQumes.
Urban Residential 4-12du/ac * EnV1roomental Serv
Includes Comprehensive CJ - Other Parks/Wilderness This 11¡P is mtende
Plan Land Use changes Urban Residentialldu/ac * CJ to show accurate m
\':,'...1 Incorporated City
¡ugh Ordinance #12065 Rural City
Urban Growth Area Muckleshoot Reservation
(LJecember 1995) CJ New Rural City /\/ Urban Growth
8 E)ŒI . Urban Growth Area Area Boundary
- Rural Town /,/ Forest Production
M 0.6 0.8 1 .+. BI Rural Neighborhood District Boundary
0 0.2 1,1
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Rural Residentialldu/2.5-lOac District Boundary
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KING COUNTY ZONING CLASSIFICATION IDU = Dwelling Unit) THIS MAP S
ZONING ATLAS CJ A-10 - Agricultural, CJ R-B - Residential, FOR EACH P
one DU per 10 acres eight DU per acre THIS MAP DOES I
Township 21 Range 4 - A-35 - Agricultural, CJ R-12 - Residential, CONDITIONS. SU
one DU per 35 acres 12 DU per acre DISTRICT OVERL
TO MANY PROPE
Includes zoning changes - F - Forest - R-18 - Residential, THIS MAP IS AGI
through Ordinance #12535 - M - Mineral 18 DU per acre OFFICIAL ZDNIN<:
- NN I~ONSISTE
(December 1996) c=J RA-2.5 - Rural Area, R-24 - Residential, ESTABLISHING Tl
one DU per 5 acres. 24 DU per acre All PROPERTY ~
I~'~,~I RA-5 - Rural Area, - R-48 - Residential, DISPLAYED ON 11
48 DU per acre DEPARTMENT OF
one DU per 5 acres rE~600 136
- 10:,";':" I NB - Neighborhood Business LE NE 296-
\-- RA-10 - Rural Area,
one DU per 10 acres - CB - Community Business THE IS PR
GEt .C INf
c=J UR - Urban Reserve. - RB - Regional Business ARE "'- - ..J\BLE F
8 one DU per 5 acres - 0 - Office . lor one DO per,
ZSWI+ c=J R-1 - Residential, ~ Kee 21A 120
one DU per acre IiiïiiIJ I - Industrial
c=J R-4 - Residential, CJ Incorporated City
0 0.2 0.4 0.6 0.8 1 w' four DU per acre ~ Muckleshoot Reservation
~ CJ
R-6 - Residential, /V Urban Growth
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FEB-04-1998 15:06
FROM
',2 ASSOC, ATêS
TO
2536614024
P.01
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-
(!)
RECEIVED
APR 2 4 1997
IGng Count"
Department of" Development
and Environmental Senica
3f,¡)() - 13Gtb Place SoUÙ1c3øt
Bcllc:vuc, Wa~h¡n~UII 9000&-1400
~
B-twelve
Assóclates. rno.
April 23, 1997
PtlOIU ¡¡
f;ãx-¡-- -'
Phone II
Fax'
Ms. SuIaD Bwaemeim
1103 WeäMeebr Strel,'t, Suue C
Kent, W A 98032-5751
RE:
F.nchuad ~'WJÍd Waves; Pre-application # A96MO215
Dear Sue,
Per your request, I have rmewed ~he doa.unents you forwarded to me Rgarding the
current çll1sWcation, ofMt.1d Lúy ~S 1'1. (~ 2 wetland. As outlined in your letter, the
owners of the Encbant(~1 ~,rk/W~.ti..~ Y,;/"1wea PfI}fj"'irty would iike to have the designHion
char-üed t-:- reflcctthe '~f:!.~ ~ltdit pn:-: æ\O V8e of the open water component of\he lake
as a stormwater management &.ci:..,-. If the rl>.~ueat~ modiñcations were made, oulya
~ ~and aud a 25 f~t. buffer .;;¡..~Uï!å i.~ within. - T2-; lWæO ';... ~ regulated by the
Sensitive Areas code. T~1e remalUder of the lah~:md the g area would therefore
be unenc:umbf:rred and Cl)W~ be manipu!!!ted to ~ore effective deal with the existing
flooàing problems. In )\H.¡¡ h~el', you point out that this is not only approp~ but also
consistent with how King County has regulated Mud Lake in recent permit applications
your client has received.
In an attempt to respond to your request, I reviewed the inventory information on Mud
La1œ from the 1988 Wet1andlnventory. I also locked at aerial pbotographa to establish
the timeline of deve1opmmt of th~ art".a surrounding the lake. AB you state in letter, the
clearing adj~t to ~.¡ake_òega.ri. bE.~r,e the origi!lally mvel1lOry of this feature wtich
was comp:\Jted in .1981: . f!,ince th~t t.1 n~ the site It.¡! been intensely developed with
extensive impervious nu:mœ Md i.l.vk relatedimprov~c:nts immediately adjacent to the
lake. With a retaining w¡ U .arounð ã~'s entlî ¿; perimeter, the lake really has the appearance
of a large stonnwater IIWwgtmel!t &ciJity. King County has in fåct reviewed and
approved these improver:Y'.4:U through sc.'Veral commercial permits and appears to have
never imposed the wetland p..'Qtection mndards specified by the Sensitive Areas code.
Application oftheae standard1l now would not preserve any existing habitat or buffer
vegetation and therefore seems Ìn.appmpriate.
Bucd. upon my rmcw of the information submitted. and my site visit, I eoDeW' with your
assessment of the site and agree that Mud Lake is more appropriately managed as a lake
or stonnwater managemerlt facility.without the encumbrances of the wetland designation.
Although Mud Lake is ~¡(rently : ,~Æ¡,;d as a wetland, KC~tA-24.080 provide$ a
. llAW
ATTACHMENT - 11
Page 1 of 2
@
".';.'i.'"
fEB-04-1998 15:06
FROM B12 f=¡SSOClf=¡lES
IU
¿;:)')OOJ."'~~'"
r.",,"'-
Sue BUI'gemei~
April 23, 1991
Page 2 .
mechaniIm for DDES stúf to resolve diaaepanciea between on IÍte conditions aDd the
inventory doaJlDeI1tI. In SUf J1 ~ it is the site specific COnditioDl that govern. KiJ;1g
County baa made a DWDber of such adjustmenta in cue& inYolviDg LakeJ and other large
open water feamres. In fact there it an Administrative Interpretation that excludes lakes
wbic:h have intensely developed sbore1inea ftOID reguJation u wetlands. It is my opinion
that Mud Lake dearly fall. into this category aDd therefore shouJ4 not be regulated as a
wet1aDd. Toward that en~ 1 will take the steps necessary to officially remove the
. de¡;~(,h fi..Ohldrl.. featun= in the Wetland inventory and in the County's GIS system.
& you point out in your letter, however, the island would still be col1lidered a wetland.
That bem¡ the cues you sbouId complete the atÞtbed Notice on Title doculDCl1ta to
reflect the preseaœ of this feature. To insure that our records are comp~ please
forward a copy of the recorded doa.unenu to me once that proœu has been completed.
If you have,any questiona or I can be of further asaistançe, pleaae contact me at 296-7242.
Sinœrely,
"
on Hansen, Senior Ecologist
Site Development SeMœa
Anachments
cç:
George Homing. 'GIS Manager. Administrative Services Diviúon
Randy Sandin, S\Ar.~ Engineer, Site Development Services
LaUra Cäsey, l~ Senior &Ologi~ Ecology Unit, SDS
ATTACHMENT -
Page 2 of 2
11
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TOmL P.02
MEETING DATE: had,-- 3) /91 cf
ITEM#
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"""""""""""""""""""""""""""""""""""""""""""""'".......................................................................................................................................................
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: ENCHANTED PARK ANNEXATION
.......................................................................................................................................................................................................
.............................................
CATEGORY:
BUDGET IMPACT:
_CONSENT
_X_ORDINANCE
_BUSINESS
HEARING
FYI
_RESOLUTION
STAFF REPORT
_PROCLAMATION
_STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
....................................................................................""""""""""""""""""""""""""""""""""""""""'".........................................................................
....
... ~ ITA ~NI~:... ~ ~.~.~~P.~.~.~.~ .A~~~~~~~ }..~~~~.. U.~. ~~.~~~~~~~.Q~.~.~~~:............. ......................................
SUMMARYIBACKGROUND: In February of 1995, the City of Federal Way received a ten percent petition to annex
certain property. The area within the ten percent petition is generally bounded by SR 161 (Enchanted Parkway),
Interstate 5, and the existing City of Milton limits. On March 21, 1995, the City Council held a public meeting at which
the council accepted the ten percent annexation petition and authorized circulation of the 60 percent petition. At that
meeting, it was decided that a concomitant development agreement would be utilized for the Enchanted Park property.
The 60 percent petition was received on October 27, 1997 (revised February 9, 1998) and covered only that area north
of 369th Street, which is a smaller area than included within the ten percent petition. On November 13, 1997, the City
Council and Planning Commission held a joint public hearing on the OP-4 development regulations (the first public
hearing on the OP-4 development regulations). The February 17, 1998, public hearing will be the second public hearing
. . . ~.~. ~~..9. ~ ~.~ A~~ ~ ~ ~p.~~~! .~.~ ~~~~ ~~.. ~~.~. P.~~ ~.~ ~. ~~~~. ~.~. ~~ ..~.~~~.~~ ~! . ~~.Y. ~! ~P.~~~ ~ ..~æ:~~~~!:.. .... .. ...... . ... .. .. . .. . . . . .. .. ..
.. .
OTY COUNOL COMMITTEE RECOMMENDATION: Make a motion to move the ordinance approving the
... ~~~~~.~~~ .~.~. ~~~~~ .~~~~g:...... ........................ ............................................................. ........ .................... ..........................................
......................
QIY. ~,~.Ç~.It..~ÇQ~~^I!Q N ;ik,tf. .~~~ :.:i: ~.,::'.::::~~~~.~tQd:::: :' ~' m
APPROVED FOR INCLUSION IN COUNOL PACKET: dl í6
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNOL ACTION:
_APPROVED
DENIED
- T ABLEDIDEFERRED/NO ACfION
COUNOL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
/9/
:J.//7/9?
ANNEXORD
.
DR AFT
:J. -.:21- 9 ~
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OP THE CITY OP
PEDERAL WAY, WASHINGTON, ANNEXING APPROXIKATEL Y
71.56 ACRES LOCATED BETWEEN SR 161 (ENCHANTED
PARKWAY), INTERSTATE 5, KILTON ROAD SOUTH, SOUTH
369TH STREET, AND 19TH WAY SOUTH.
WHEREAS, RCW 35A.14.010 authorizes the City of Federal
Way to annex any portion of a county not incorporated as part of a
city or town but lying contiguous to the City of Federal Way; and
WHEREAS, in February, 1995, pursuant to RCW 35A.14.120,
Enchanted Parks, Inc., as owner of not less than ten percent (10%)
in assessed valuation of the property proposed for annexation, as
certif ied by the ci ty Clerk,
filed a Notice of Intention to
Petition for Annexation to the City of Federal Way approximately
71.56 acres of property contiguous to the eastern boundary of the
city of Federal Way; and
WHEREAS, on March 21, 1995, the City Council authorized
the
preparation
of
a
Petition
for Annexation,
requiring the
preparation of a proposed zoning regulation and requiring the
assumption of a pro rata proportion of existing City indebtedness
by the area to be annexed; and
WHEREAS, on November 21, 1995, the city Council adopted
Ordinance No. 95-248, which adopted the City's GMA Comprehensive
Plan and designated the subject property commercial/Recreation; and
ORD #
, PAGE 1
.'
WHEREAS,
on July 26,
1996,
the city council adopted
Ordinance No. 96-270, which zoned the subject property OP-4 under
the City's land use code (Chapter 22 of the Federal Way City Code
("FWCC") ); and
WHEREAS,
the
annexation
action
is
exempt
from
all
environmental review pursuant to RCW 43.21C.222; and
WHEREAS, on November 13, 1997, the City Council and Planning
Commission jointly held public hearings, after public notice as
required by law, on the adoption of zoning development regulations
for the subject property; and
WHEREAS, on February 9, 1998 Enchanted Parks, Inc. submitted
its Petition for Annexation of the property legally described and
depicted in Exhibit A hereto.
As certified by the Federal Way City
Clerk, the Petition contained the signatures of the owners of at
least
sixty
(60%)
of the assessed valuation of the property
proposed for annexation; and
WHEREAS, on February 17, 1998, the City Council held a public
hearing, after public notice as required by law, on the adoption of
zoning regulations for the subject property, on a proposed CDA
between the city and Enchanted Parks, Inc., and on the proposed
annexation of the subject property; and
WHEREAS,
on February 17,
1998,
the City Council adopted
Resolution No. 98-267, declaring and giving notice of its intention
to annex the subject property; and
ORD #
, PAGE 2
WHEREAS, on March 3, 1998, the City Council, by Ordinance No.
98----, approved and authorized the City Manager to enter into a
concomitant development agreement with Enchanted Parks, Inc., and
adopted development regulations for properties zoned OP-4,
required by Resolution No. 98-267; and
as
WHEREAS, the City Council finds that it would promote the
health, safety and welfare of the citizens of Federal Way to annex
the subject property;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
Annexation.
The City of Federal Way hereby
annexes approximately 71.56 acres lying between SR 161 (Enchanted
Parkway) ,
Interstate 5,
Milton Road South,
South 369th Street
("Annexed Property"), and 19th Way South, as legally described and
depicted in Exhibit A attached hereto and incorporated by this
reference.
The Annexed Property shall become a part of the City of
Federal
Way,
Washington,
as
of
the
effective
date
of
this
Ordinance, subject to laws and ordinances, regulations and plans of
the City, as they now exist or may hereafter be amended or adopted.
section 2.
Indebtedness.
The Annexed Property shall
assume its pro rata share of existing City indebtedness, and shall
be assessed and taxed at the same rate and on the same basis as
other property within the City to pay for any and all outstanding
indebtedness of the City approved by the voters, contracted for or
ORD #
, PAGE 3
incurred prior to or existing as of the effective date of this
Ordinance.
section
3.
Development
Re9Ulations.
The
zoning
development regulations as adopted by Ordinance No. 98-
shall
take effect as of the effective date of this Ordinance.
Section 4.
Filing.
The City Manager and/or his designee
is directed to file forthwith a copy of this Ordinance,
duly
certified as a true and correct copy, with the County council of
King County, pursuant to RCW 35A.14.140.
section
5.
Severability.
The provisions
of
this
ordinance are declared separate and severable.
The invalidity of
any clause, sentence, paragraph, subdivision, section, or portion
of this ordinance or the invalidity of the application thereof to
any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to
other persons or circumstances.
section 6.
Ratification.
Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
section 7.
Effective Date.
This ordinance shall take
effect and be in force 45 days after the date on which the Notice
of Intention to Annex is filed with the Washington state Boundary
Review Board (UBRB")for King county pursuant to Resolution No. 98-
----' if no person or entity invokes the jurisdiction of the BRB,
or on the effective date of BRB approval of the annexation if BRB
jurisdiction is invoked.
ORD #
, PAGE 4
this
PASSED by the City Council of the City of Federal Way
day of March, 1998.
CITY OF FEDERAL WAY
MAYOR, RON GINTZ
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K:\ORDIN\ANNEXENCH.PRK
ORD #
, PAGE 5
ESM inc.
A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM
Irt
Enchanted Parks
Job No. 163 -03-950-006
October 16, 1997
EXHIBIT ~
PAGE-LOF_%
LEGAL DESCRIPTION FOR ANNEXATION
TO THE CITY OF FEDERAL WAY
Those portions of the southwest quarter of Section 28 AND of the southeast quarter of Section
29 AND of the northeast quarter of Section 32 AND of the northwest quarter of Section 33, ALL
in Township 21 North, Range 4 East, W.M., King County, Washington, being more particularly
described as follows:
BEGfNNING at the northeasterly comer of Parcel "l" of "Regency Woods Division I"
according to the plat thereof recorded in Volume 154 of Plats, Pages 81 through 97, inclusive,
Records of King County, Washington;
THENCE southeasterly along the northeasterly line of said parcel, said line being coincident
with the southwesterly margin of Enchanted Parkway (AKA SSH No. 5-D / Kit Comer Road
South / SR 161) to the northwesterly margin of 19th Way South as shown on said plat;
THENCE southwesterly along said northwesterly margin to the northerly margin of South 369th
Stre.et as shown on the plat of "Regency Woods Division 2" according to the plat thereof
recorded in Volume 156 of Plats, Pages 16 through 20, inclusive, Records of King County,
Washington;
THENCE westerly along said northerly margin and the westerly extension thereof to the easterly
margin of SR 5 (AKA PSH No.1), also being the City of Federal Way Limits a.s defined by King
County Code Ordinance No. 8779;
THENCE northerly along said easterly margin to said southwesterly margin of Enchanted
Parkway;
See attached Exhibit "B".
EXJ>t A£S
THENCE southeasterly along said southwesterly margin to the
POINT OF BEGfNNING.
Written by: c.A.F.
Checked by: R.J.W.
\\esm\sys\wrd.proc\kgal\ 1630304.doc /0/ /7/17
720 South 348th Street. Federal Way, Washington 98
Federal Way (206) 838.6113 . Tacoma (206) 927 -0619 . Seattle (206) 623.5911 . Fax: (206) 838-7104
TO ACCOMPANY LEGAL DESCRIPTION FOR ANNEXATION
A PORTION OF SECTIONS 28. 29. 32 AND 33.
TWP. 21 N., RGE. 4 E., W.M.,
KING COUNTY, WASHINGTON
n
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ESM inc.
ICIIl [-¡,ooa!l.llll'f.""N(tI I'IOIŒI(It cømllC 1111
720 So. J48th Street
F"EOERAL WAY. WASHINGTON 98003
PHONE (25J) 8J8-61 1 J
PARCEL OWNERSHIP
CD ENC~D' PARKS INC.
0 ENCHANTED PARKS INC.
0 ENCHANTED PARKS, INC.
eD ENCHANTED PARKS INC.
0 KING COUNTY
@ W.5.D.O.T.
CD
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POINI OF
BEGINNING
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JOB NO. 163-03-950':'006
DRAWING NAME. 16J\OJ\EXH-ANNP
DATE: 02-06-98
DRAWN. CAF.jRJ.B
SHEET 1 OF 1
MEETING DATE: March 3, 1998
ITEM#
JZ: ~~
""""" ..... ............ """""'" ............... """"" ............ ..............".............. ..........................,.................. ............................ ....., ...................
........... ...... ......................
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: INTERLOCAL AGREEMENTS WITH DES MOINES, KENT,
AUBURN, PACIFIC, MILTON and EDGEWOOD RE: LAKEHA VEN
ASSUMPTION
"""""""""""".""".""""'. '."."""""" ...............................,.......... ........ .....................-.......................................".......... ..................................."...
........ """""""
CATEGORY:
BUDGET IMPACT:
~CONSENT
~. ORDINANCE
_BUSINESS
_HEARING
FYI
_RESOLUTION
_STAFF REPORT
_PROCLAMATION
STUDY SESSION
- OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
""'" ......,.. ............... ,,""""""'."""""""""""""""""""""""...".""""""'..""""""""..""""""""""""""""""""."""""'" ...............,........... ..............m...... """"
ATTACHMENTS: Proposed Interlocal Agreements Between the Cities of Des Moines, Kent, Auburn,
Pacific, Milton and Edgewood and Federal Way Concerning Assumption and
""'.m..""" ........ .......... .... ..............!?~.~.~9.~~.~~9.~..9.f.~~~~~Y.~!?:.!!~~~.P.~~~.~~.........."""""""""""" ........ ""'" ................. ......... .... ......................
SUMMARYIBACKGROUND: Pursuant to Section 11 of Ordinance No. 97-302 passed 10/21/97 providing for the
assmnption and dissolution of the Lakehaven Utility District ("LUD"), the City Attorney was directed to prepare Interlocal
Agreements to be entered into between the City and its neighboring jurisdictions. The attached Interlocals provide for the
continuation of water and sewer service to these abutting jurisdictions. Consistent with the City Council's Ordinance, the
Interlocals also prohibit a utility tax on water and sewer service and provide that no surcharge will be assessed on non-City
residents solely due to their residency. The Des Moines Interlocal covers the Redondo Treatment Plant which is located
within Des Moines, and accordingly, contains unique language regarding the City's construction of capital improvements
in the City of Des Moines. The Des Moines Interlocal authorizes the Des Moines City Council to approve such capital
.. . ~~ P.~.I.1. ~.~~..~. .~.~~~.~.~..~ f. ~.~ 9g 1.Q9.Q? .~~ ~~..~P.PE~Y.~. ~~~..~~~. ~. ~~~.~~~.!Y...~ ~~!~:... """""'" . ...... .. . .......... "" m . ..... .. ......... . """"
CITY COUNOL COMMI'ITEE RECOMMENDATION: FinancelEconomic Development/Regional Affairs
.. . ç.~ ~ ~.~. ~~Y !.~~~~. ~ ~. !~9.~~~~~. ~ P P. !~Y.~. .~. .~.~~.~.~~.~Y.. ~~.f ~~ .~.( ~~..~~~.~. ~ !~! ~.~~~.~.:... .. .. m. m.."', ....... . .. m.. .. .....
... ~~:~~ ~~~~~~~=~ ~~~~ ~~ ..~~~. ~=.~~IT?~~~ .~~.~.~~~. ~~~~~:.~~~.~. ~~~~~=~~ ~~~~.....
APPROVED FOR INCLUSION IN COUNOL PACKET: d}JJb
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNOL ACTION:
_APPROVED
_DENIED
- T ABLEDIDEFERRED/NO ACTION
COUNOL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
K:\LAKEHA VE.302CC.AGN
"
-
After recording, return to:
DRAFT
C__iJ- ~ -ge,
Londi K. lindell
Federal Way City Attorney
33530 1st Way South
Federal Way, WA 98003
INTERWCAL AGREEMENT
BETWEEN THE CITIES OF KENT AND
FEDERAL WAY CONCERNING ASSUMPTION
AND DISSOLUTION OF LAKEHA YEN UTILITY DISTRICT
This Interlocal Agreement ("Agreement") is made and entered into this - day of
March, 1998, by and between the City of Kent, Washington, a non-charter code municipal
corporation ("Kent") and City of Federal Way, Washington, a non-charter code municipal
corporation ("Federal Way"). Kent and Federal Way are referred to collectively as the "parties".
RECITALS
1. Pursuant to the Growth Management Act, RCW 36.70A.ll0, cities are the
appropriate local government entity to provide urban services such as water and sewer service;
and
2. Pursuant to King County Countywide Planning Policy FW-13, "within the Urban
Area, as time and conditions warrant, cities should assume local urban services provided by
special purpose districts"; and
3. The area within the Lakehaven Utility is located within an "Urban Area" as
defined by the King County Comprehensive Plan; and
4. Pursuant to RCW 35. 13A.O30, whenever sixty percent (60%) of the area or sixty
percent (60%) of the assessed valuation of real property within a special purpose district such
as a water and sewer district is included within a city, that city may assume the ownership,
operation, and control of that portion of the district not contained within the boundaries of
another city; and
5. Pursuant to RCW 35. 13A.O6O, a city assuming that portion of a water and sewer
district contained within another city may enter into an Interlocal agreement with that city, to
assume responsibility for operation and maintenance of the district's property, facilities and
equipment within the other city;
\.
Interlocal Agreement Between
Cities of Kent and Federal Way
Concerning Lakehaven AssumptionIDissolution
Page 2
6. The Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of
the Revised Code of Washington provides for interlocal cooperation and agreements between
municipal corporations; and
7. The Federal Way City Council adopted Ordinance No. 97-302 on October 21,
1997, directing its staff to prepare Notices of Intent to Assume and Dissolve the Lakehaven
Utility District ("District"), and to file said Notices with the King and Pierce County Boundary
Review Boards; and
8. Said Notices were filed with the King and Pierce County Boundary Review Boards
on November 4, 1997 and November 10, 1997, respectively.
9. As part of the assumption/dissolution of the District, Federal Way and Kent desire
that Federal Way retain ownership and control of the District property and facilities currently
within the City of Kent until such time as Kent assumes responsibility for providing sewer
services to its citizens, at which time Kent would be responsible for installing, at its expense,
a master meter or appropriate facilities to separate/regulate the two systems; and
10. Kent agrees that the assumption/dissolution is appropriate under RCW 35.13A,
RCW 36.70A, and RCW 36.93; and
11. Federal Way agrees to provide sewer service to ratepayers within Kent at a
reasonable rate, with no surcharge or tax attributable to Kent residents solely due to their
residency; and
12. Kent and Federal Way have determined that it would be in the best interests of
the citizens if the parties were to enter into an Interlocal Agreement setting forth their rights,
duties and responsibilities with respect to Federal Way's ownership, operation and maintenance
of property, facilities and equipment owned by the District prior to dissolution and located within
the corporate boundaries of Kent;
NOW, THEREFORE, for and in consideration of the agreements contained herein, the
parties hereto agree as follows:
Interlocal Agreement Between
Cities of Kent and Federal Way
Concerning Lakehaven AssumptionIDissolution
Page 3
AGRREMENT
1. Existin& District A&reements. Federal Way shall, upon the effective date of
assumption of the Lakehaven Utility District ("District"), assume all rights and responsibilities
of the District with respect to any Interlocal agreements or contracts between the City of Kent
and the District. Federal Way shall perform the terms of any such agreement or contract in the
same manner as the District would be required to perform if Federal Way had not assumed the
District.
2. Federal Way Facilities. Upon the effective date of Federal Way's assumption
and/or dissolution of the District, Federal Way shall have full legal title and ownership of all the
District facilities, and the real property associated with them, located within the Kent corporate
boundaries, including, without limitation the following:
a.
81 sewer lines, including:
2 8-inch ductile iron sewer lines, for a total length of 45.20 feet;
1 8-inch concrete sewer line, for a total length of 299.37 feet;
1 6-inch PVC sewer line, for a total length of 71.83 feet; and
77 8-inch PVC sewer lines, for a total length of 15,119.98 feet.
b.
76 sewer manholes, including:
1 48-inch drop manhole;
1 48-inch overbuilt manhole;
72 48-inch standard manholes; and
2 wetwell manholes.
3. Kent Facilities. Kent may, at some later date, and after a reasonable notice to
Federal Way, request that Federal Way transfer full legal title and ownership of the District
facilities described in Paragraph 2 above, and the real property associated with them, to Kent.
Federal Way shall transfer full legal title and ownership to Kent within a reasonable period of
time following execution of an agreement allocating responsibility for the indebtedness and
depreciated capital costs, if any, of the facilities (or improvements to them) to be transferred.
Kent will install a master meter or appropriate facilities to separate/regulate the two systems at
its expense prior to such transfer of facilities.
4. Maintenance/Operation and Indebtedness. The City of Federal Way shall, upon
the effective date of Federal Way's assumption and/or dissolution of the District, be responsible
Interlocal Agreement Between
Cities of Kent and Federal Way
Concerning Lakehaven AssumptionIDissolution
Page 4
for the operation, maintenance, permitting, taxes, and contractual or bonded indebtedness
associated with the facilities and property described in Paragraph 2 above. Federal Way's
responsibility under this paragraph shall not be deemed to affect the requirement that the parties
agree on an allocation of capital costs and indebtedness prior to transfer of ownership as set forth
in Paragraph 3 above.
5. Continued Provision of Service. Federal Way shall, upon the effective date of
Federal Way's assumption and/or dissolution of the District, provide sewer service to ratepayers
residing in Kent at a reasonable rate that is uniform for the same class of customer or service.
The rate shall be based on the cost of providing service, which shall be determined according
to, among other things, the costs of maintenance, operation and repair of the system, the costs
of any special indebtedness bonds or warrants, the location of various customers and the
difference, if any, in cost of maintenance, operation, repair, and replacement of system parts,
the different character service being furnished, capital contributions made to the system,
including but not limited to assessments, and any other matters which present a reasonable
difference as a ground for distinction. Federal Way shall not impose a surcharge upon Kent
ratepayers in excess of any surcharge upon any other ratepayers being served by Federal Way,
unless the costs of providing service as determined according to this paragraph reasonably
warrant imposition of the surcharge.
6.
General Provisions.
6.1 This Agreement may be amended at any time by the mutual written consent of the
parties.
6.2 This Agreement shall take effect immediately and shall continue in effect until
terminated.
6.3. Neither party may assign this Agreement without the written consent of the other
party .
6.4. Each party shall be responsible for the consequences of any negligent or wrongful
act or failure to act on the part of itself, its elected official, agents, volunteers and
employees. Neither party assumes responsibility to the other party for the consequences
of an act or admission of any person, firm or corporation not a party to this Agreement.
6.5. Any provision of this Agreement which is prohibited or unenforceable, shall be
ineffective to the extent of such prohibition or unenforceability, without invalidating the
remaining provisions or affecting the validity of enforcement to such provisions.
Interlocal Agreement Between
Cities of Kent and Federal Way
Concerning Lakehaven Assumption/Dissolution
Page 5
6.6. The parties stipulate that the following persons shall be the contact person for
their respective jurisdiction.
a.
City of Kent:
J, Brent McFall, or his/her successor in interest
Director of Operations
220 - 4th Avenue South
Kent, W A 98032
(253) 859-3357
Fax: (253) 813-2067
b.
City of Federal Way:
Kenneth E. Nyberg, or his successor in interest
City Manager
33530 1st Way S.
Federal Way, W A 98003
(253) 661-4013
Fax: (253) 661-4024
6.7. A copy of this Agreement shall be filed with the City Clerk of the Cities of Kent
and Federal Way, and the County Recorder for the County of King.
IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the
day and year indicated.
CITY OF KENT
CITY OF FEDERAL WAY
BY:
BY:
Jim White
Mayor
Kenneth E. Nyberg
City Manager
Date:
Date:
Interlocal Agreement Between
Cities of Kent and Federal Way
Concerning Lakehaven AssumptionIDissoluüon
Page 6
Approved as to Form for
City of Kent:
Roger Lubovich, City Attorney
A TIEST: This - day of
, 1998.
Brenda Jacober
Kent City Clerk
K: \lakcbav~\intcrlcl.frm
2-18-98
Approved as to Form for
City of Federal Way:
Londi K. Lindell, City Attorney
ATIEST: This
day of
, 1998.
N. Christine Green, CMC
Federal Way City Clerk
-_..,--"....,. .-",-.
,
\.
.,.. .
DRAFT
Q. - d- 5 -c¡~
After recording, return to:
Londi K. Lindell
Federal Way City Attorney
33530 1st Way S.
Federal Way, WA 98003
INTERLO C AL AGREEMENT
BETWEEN THE CITIES OF AUBURN AND
FEDERAL WAY CONCERNING ASSUMPTION
AND DISSOLUTION OF LAKEHA YEN UTILITY DISTRICT
This Agreement is made and entered into this day of , 1998, by and
between the City of Auburn, Washington, a non-charter code municipal corporation ("Auburn")
and City of Federal Way, Washington, a non-charter code municipal corporation ("Federal
Way"). Auburn and Federal Way are referred to collectively as the "parties".
RECITALS
1. Pursuant to the Growth Management Act, RCW 36.70A.IlO, cities are the
appropriate local government entity to provide urban services such as water and sewer service;
and
2. Pursuant to King County Countywide Planning Policy FW-13, "within the Urban
Area, as time and conditions warrant, cities should assume local urban services provided by
special purpose districts"; and
3. The area within the Lakehaven Utility is located within an "Urban Area" as
defined by the King County Comprehensive Plan; and
4. Pursuant to RCW 35. 13A.030, whenever sixty percent (60%) of the area or sixty
percent (60%) of the assessed valuation of real property within a special purpose district such
as a water and sewer district is included within a city, that city may assume the ownership,
operation, and control of that portion of the district not contained within the boundaries of
another city; and
5. Pursuant to RCW 35. 13A.O6O, a city assuming that portion of a water and sewer
district not contained within another city may enter into an inter local agreement with another city
in which a portion of the to-be-assumed special purpose district is located, to assume
responsibility for operation and maintenance of the district's property, facilities and equipment
within the other city;
Interlocal Agreement Between
Cities or Auburn and Federal Way
Concerning Lakehaven AssumptionIDissolution
Page 2
"
6. The Interloca1 Cooperation Act, as amended, and codified in Chapter 39.34 of
the Revised Code of Washington provides for interloca1 cooperation and agreements between
municipal corporations; and
7. The Federal Way City Council adopted Ordinance No. 97-302 on October 21,
1997, directing its staff to prepare Notices of Intent to Assume and Dissolve the Lakehaven
Utility District ("District"), and to file said Notices with the King and Pierce County Boundary
Review Boards; and;
8. Said Notices were filed with the King and Pierce County Boundary Review Boards
on November 4, 1997 and November 10, 1997, respectively.
9. As part of the assumption/dissolution of the District, Federal Way and Auburn
desire to preserve ownership and control of the District property and facilities currently within
the City of Auburn until such time as Auburn assumes responsibility for providing water and/or
sewer services to its citizens at which time Auburn would be responsible for installing, at its
expense, a master meter; and
10. Auburn and Federal Way agree that mutual cooperation between the two cities is
in the best interest of their citizens, and that the assumption/dissolution of the District is
appropriate under RCW 35.13A, RCW 36.70A, and RCW 36,93; and
11. Federal Way agrees to provide water and sewer service to Auburn ratepayers at
a reasonable rate, with no surcharge or tax attributable to Auburn residents solely due to their
residency; and
12. Auburn and Federal Way have determined that it would be in the best interests
of the citizens if the parties were to enter into an Interloca1 Agreement setting forth their rights,
duties and responsibilities with respect to Federal Way's ownership, operation and maintenance
of property, facilities and equipment owned by the District prior to dissolution and located within
the corporate boundaries of Auburn;
NOW, THEREFORE, for and in consideration of the agreements contained herein, the
parties hereto agree as follows:
Interlocal Agreement Between
Cities of Auburn and Federal Way
Concerning Lakehaven AssumptionIDissolution
Page 3
AGRRRMENT
1. Existin¡ District A¡reements. Federal Way shall, upon the effective date of
assumption of the Lakehaven Utility District ("District"), assume all rights and responsibilities
of the District with respect to any interlocal agreements or contracts between the City of Auburn
and the District. Federal Way shall perform the terms of any such agreement or contract in the
same manner as the District would be required to perform if the City had not assumed the
District.
2. Federal Way Facilities. Upon the effective date of Federal Way's assumption
and/or dissolution of the District, Federal Way shall be entitled to full legal title and ownership
of all the District facilities, and the real property associated with them, located within the
Auburn corporate boundaries and its PAA, including, without limitation the following:
a.
2 water storage tanks (S. 305th Street Tanks A & B)
b.
Transmission Mains including:
1521.5 ft. - 18" Dr or CI along 51st Ave. S.
1728.02 ft. - 16" DI or CI, and 465.53 ft. - 16" AC pipe, along S. 304th
St., 52nd Ave. S., S. 305th St, and 56th Ave. S. into S. 305th St. tanks
A&B
c.
Other transmission lines and mains;
d.
94 Blowoff Assemblies;
e.
157 Hydrant Assemblies;
f.
5 PRY Vaults;
g.
lO-inch and under sewer mains; and
h.
2 sewer siphon lines.
3. Auburn Facilities. Auburn may at some future date, and after reasonable notice
to Federal Way, request the City of Federal Way to transfer full legal title and ownership of the
District facilities "c" through "h" listed in Paragraph 2 above, and the real property associated
Interlocal Agreement Between
Cities or Auburn and Federal Way
Concerning Lakehaven AssumptionIDissolution
Page 4
with them, to Auburn. Federal Way shall transfer full legal title and ownership to Auburn
within a reasonable period of time following execution of an agreement allocating responsibility
for the capital cost, bonded indebtedness and operation and maintenance of any facilities (or
improvements to them) to be transferred.
4. Maintenance/Operation and Indebtedness. The City of Federal Way shall, upon
the effective date of Federal Way's assumption of the District, be responsible for the operation,
maintenance, permitting, taxes, and contractual or bonded indebtedness associated with the
facilities and property allocated in Paragraph 2 above. Federal Way's responsibility under this
paragraph shall not be deemed to affect the requirement that the parties agree on an allocation
of capital costs prior to transfer of ownership as set forth in Paragraph 3 above.
5. Continued Provision of Service. Federal Way shall, upon the effective date of
Federal Way's assumption and/or dissolution of the District, provide water and sewer service
to former District ratepayers residing in Auburn or in Auburn's P AA at a reasonable rate that
is uniform for the same class of customer or service. The rate shall be based on the cost of
providing service, which shall be determined according to, among other things, the costs of
maintenance, operation and repair of the system, the costs of any special indebtedness bonds or
warrants, the location of various customers and the difference, if any, in cost of maintenance,
operation, repair, and replacement of system parts, the different character service being
furnished, capital contributions made to the system, including but not limited to assessments, and
any other matters which present a reasonable difference as a ground for distinction. Federal
Way shall not impose a surcharge upon Auburn ratepayers in excess of any surcharge upon any
other ratepayers being served by Federal Way, unless the costs of providing service as
determined according to this paragraph reasonably warrant imposition of the surcharge.
"
6.
General Provisions.
6.1 This Agreement may be amended at any time by the mutual written consent of the
parties.
6.2 This Agreement shall take effect immediately and shall continue in effect until
terminated .
6.3, Neither party may assign this Agreement without the written consent of the other
party .
6.4. Each party shall be responsible for the consequences of any negligent or wrongful
act or failure to act on the part of itself, its elected official, agents, volunteers and
Interlocal Agreement Between
Cities of Auburn and Federal Way
Concerning Lakehaven AssumptionJDissolution
Page 5
employees. Neither party assumes responsibility to the other party for the consequences
of an act or admission of any person, firm or corporation not a party to this Agreement.
6.5. Any provision of this Agreement which is prohibited or unenforceable, shall be
ineffective to the extent of such prohibition or unenforceability, without invalidating the
remaining provisions or affecting the validity of enforcement to such provisions.
6.6. The parties stipulate that the following persons shall be the contact person for
their respective jurisdiction.
a.
City of Auburn:
Charles A. Booth, or his successor in interest
Mayor
25 West Main Street
Auburn, WA 98001-4998
(253) 931-3000
FAX (253) 931-3053
b.
City of Federal Way:
Kenneth E. Nyberg, or his successor in interest
City Manager
33530 1st Way S.
Federal Way, W A 98003
(253) 661-4013/Fax: (253) 661-4024
6.7. A copy of this Agreement shall be filed with the City Clerk of the Cities of
Auburn and Federal Way, and the County Recorder for the County of King.
IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the
day and year indicated.
Interlocal Agreement Between
Cities of Auburn and Federal Way
Concerning Lakehaven Assumption/Dissolution
Page 6
CITY OFAUBURN
BY:
Charles A. Booth
Mayor
Date:
Approved as to Form for
City of Auburn:
Michael J. Reynolds, City Attorney
A ITEST: This - day of
, 1998.
Dani Daskam
Auburn City Clerk
K: \Lakeb.av~ \inte>rlcl. aub
2-24-98
CITY OF FEDERAL WAY
BY:
Kenneth E. Nyberg
City Manager
Date:
Approved as to Form for
City of Federal Way:
Londi K. Lindell, City Attorney
ATTEST: This
day of
, 1998.
N. Christine Green, CMC
Federal Way City Clerk
"
DRAFT
d4d5 -CfD
After recording, return to:
Landi K. Lindell
Federal Way City Attorney
33530 1st Way South
Federal Way, WA 98003
INTERW C AL AGREEMENT
BETWEEN THE CITIES OF PACIFIC AND
FEDERAL WAY CONCERNING ASSUMPTION
AND DISSOLUTION OF LAKEHA VEN UTILITY DISTRICT
This Interlocal Agreement ("Agreement") is made and entered into this - day of
, 1998, by and between the City of Pacific, Washington, a non-charter code
municipal corporation ("Pacific") and City of Federal Way, Washington, a non-charter code
municipal corporation ("Federal Way"). Pacific and Federal Way are referred to collectively as
the "parties".
RECITALS
1. Pursuant to the Growth Management Act, RCW 36.70A.ll0, cities are the
appropriate local government entity to provide urban services such as water and sewer service;
and
2. Pursuant to King County Countywide Planning Policy FW-13, "within the Urban
Area, as time and conditions warrant, cities should assume local urban services provided by
special purpose districts"; and
3. The area within the Lakehaven Utility is located within an "Urban Area" as
defined by the King County Comprehensive Plan; and
4. Pursuant to RCW 35. 13A.030, whenever sixty percent (60%) of the area or sixty
percent (60%) of the assessed valuation of real property within a special purpose district such
as a water and sewer district is included within a city, that city may assume the ownership,
operation, and control of that portion of the district not contained within the boundaries of
another city; and
5. Pursuant to RCW 35.13A.O6O, a city assuming that portion of a water and sewer
district contained within another city may enter into an Interlocal agreement with that city, to
assume responsibility for operation and maintenance of the district's property, facilities and
equipment within the other city;
Interlocal Agreement Between
Cities of Pacific and Federal Way
Concerning Lakehaven AssumptionIDissolution
Page 2
6. The Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of
the Revised Code of Washington provides for interlocal cooperation and agreements between
municipal corporations; and
7. The Federal Way City Council adopted Ordinance No. 97-302 on October 21,
1997, directing its staff to prepare Notices of Intent to Assume and Dissolve the Lakehaven
Utility District ("District"), and to file said Notices with the King and Pierce County Boundary
Review Boards; and
8. Said Notices were filed with the King and Pierce County Boundary Review Boards
on November 4, 1997 and November 10, 1997, respectively.
9. As part of the assumption/dissolution of the District, Federal Way and Pacific
desire to preserve ownership and control of the District property and facilities currently within
the City of Pacific until such time as Pacific assumes responsibility for providing water or sewer
services to its citizens at which time Pacific would be responsible for installing, at its expense,
a master meter or appropriate facilities to separate/regulate the two systems; and
10. Pacific agrees that the assumption/dissolution is appropriate under RCW 35.13A,
RCW 36.70A, and RCW 36.93; and
11. Federal Way agrees to provide water service to Pacific ratepayers at a reasonable
rate, with no surcharge or tax attributable to Pacific residents solely due to their residency; and
12. Pacific and Federal Way have determined that it would be in the best interests of
the citizens if the parties were to enter into an Interlocal Agreement setting forth their rights,
duties and responsibilities with respect to Federal Way's ownership, operation and maintenance
of property, facilities and equipment owned by the District prior to dissolution and located within
the corporate boundaries of Pacific;
NOW, THEREFORE, for and in consideration of the agreements contained herein, the
parties hereto agree as follows:
Interlocal Agreement Between
Cities of Pacific and Federal Way
Concerning Lakehaven AssumptionIDissolution
Page 3
AGREEMENT
1. Existin~ District A~reements. Federal Way shall, upon the effective date of
assumption of the Lakehaven Utility District ("District"), assume all rights and responsibilities
of the District with respect to any Interlocal agreements or contracts between the City of Pacific
and the District. Federal Way shall perform the terms of any such agreement or contract in the
sam~ manner as the District would be required to perform if the City had not assumed the
District.
2. Federal Way Facilities. Upon the effective date of Federal Way's assumption
and/or dissolution of the District, Federal Way shall have full legal title and ownership of all the
District facilities, and the real property associated with them, located within the Pacific corporate
boundaries and its PAA, including, without limitation the following:
a.
Transmission mains including:
1734.61 ft. - 12 inch DI, CI or AC pipe connecting wells #22 & 22A to
Military Road
359.63 ft. - 10 inch DI, CI pipe along Military Road; and
b.
2 Wells including Well #22 & 22A.
c.
Other mains including:
141 - 6 inch and under AC water mains
55 - 8 inch AC water mains
6 - 12 inch AC water mains
10 - 6 inch and under PVC water mains
15 - 8 inch PVC water mains
4 - 8 inch DI or CT water mains
26 - 12 inch PVC water mains
5 - 6 inch and under DI or CT water mains
34 - 8 inch DI or CT water mains
1 - 10 inch DI or CT water main
8 - 12 inch DI or CT water mains
3 - unknown water mains
(less those described in Paragraph 2.a above).
(29,155.94 ft)
(12,222.23 ft)
(1,808.07 ft)
(1,397,95 ft)
(3,414,83 ft)
(696.39 ft)
(5,443.95 ft)
(639.83 ft)
(8,376.51 ft)
(316.98 ft)
(1,323.15 ft)
(625.32 ft)
Interlocal Agreement Between
Cities of Pacific and Federal Way
Concerning Lakehaven AssumptionIDissolution
Page 4
d.
Sewer lines, including:
1 - 12 inch Ductile Iron
12 - 8 inch PVC
11 - 12 Inch PVC
(100.94 it)
(2,430.08 it)
(2,065.33 it)
e.
22 Standard 48-lnch manholes
3. Pacific Facilities. Pacific may at some later date, and after a reasonable notice
to Federal Way, request that Federal Way transfer full legal title and ownership of the District
facilities described in Paragraph 2.c - 2.e above, and the real property associated with them,
to Pacific. Federal Way shall transfer full legal title and ownership to Pacific within a
reasonable period of time following execution of an agreement allocating responsibility for
indebtedness and depreciated capital costs, if any, of any facilities (or improvements to them)
to be transferred. Pacific will install a master meter, or appropriate facilities to separate/regulate
the two systems, at its expense prior to such transfer of facilities.
4. Maintenance/Operation and Indebtedness. The City of Federal Way shall, upon
the effective date of Federal Way's assumption and/or dissolution of the District, be responsible
for the operation, maintenance, permitting, taxes, and contractual or bonded indebtedness
associated with the facilities and property described in Paragraph 2 above. Federal Way's
responsibility under this paragraph shall not be deemed to affect the requirement that the parties
agree on an allocation of capital costs prior to transfer of ownership as set forth in Paragraph 3
above.
5. Continued Provision of Service. Federal Way shall, upon the effective date of
Federal Way's assumption and/or dissolution of the District, provide water service to ratepayers
residing in Pacific at a reasonable rate that is uniform for the same class of customer or service.
The rate shall be based on the cost of providing service, which shall be determined according
to, among other things, the costs of maintenance, operation and repair of the system, the costs
of any special indebtedness bonds or warrants, the location of various customers and the
difference, if any, in cost of maintenance, operation, repair, and replacement of system parts,
the different character service being furnished, capital contributions made to the system,
including but not limited to assessments, and any other matters which present a reasonable
difference as a ground for distinction. Federal Way shall not impose a surcharge upon Pacific
ratepayers in excess of any surcharge upon any other ratepayers being served by Federal Way,
unless the costs of providing service as determined according to this paragraph reasonably
warrant imposition of the surcharge.
Interlocal Agreement Between
Cities of Pacific and Federal Way
Concerning Lakehaven AssumptionIDissolution
Page 5
6.
General Provisions.
6.1 This Agreement may be amended at any time by the mutual written consent of the
parties.
6.2 This Agreement shall take effect immediately and shall continue in effect until
terminated.
6.3. Neither party may assign this Agreement without the written consent of the other
party .
6.4. Each party shall be responsible for the consequences of any negligent or wrongful
act or failure to act on the part of itself, its elected official, agents, volunteers and
employees. Neither party assumes responsibility to the other party for the consequences
of an act or admission of any person, firm or corporation not a party to this Agreement.
6.5. Any provision of this Agreement which is prohibited or unenforceable, shall be
ineffective to the extent of such prohibition or unenforceability, without invalidating the
remaining provisions or affecting the validity of enforcement to such provisions.
6.6. The parties stipulate that the following persons shall be the contact person for
their respective jurisdiction.
a.
City of Pacific:
Debra Jorgensen or her successor in interest
Mayor
100 3rd S.E. (p.O. Box 250)
Pacific, W A 98047-0250
(253) 833-2856
FAX (253) 939-6026
b.
City of Federal Way:
Kenneth E. Nyberg, or his successor in interest
City Manager
33530 Ist Way S.
Federal Way, W A 98003
(253) 661-4013/Fax: (253) 661-4024
Interlocal Agreement Between
Cities of Pacific and Federal Way
Concerning Lakehaven AssumptionIDissolution
Page 6
6.7. A copy of this Agreement shall be filed with the City Clerk of the Cities of
Pacific and Federal Way, and the County Recorder for the County of King.
IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the
day and year indicated.
CITY OF PACIFIC
BY:
Debra Jorgensen
Mayor
Date:
Approved as to Form for
City of Pacific:
Rod Kaseguma, City Attorney
ATTEST: This - day of
,1998.
Julie King
Pacific City Clerk
K: \l.akcbave>\inœrlcl.pac
2-24-98
CITY OF FEDERAL WAY
BY:
Kenneth E. Nyberg
City Manager
Date:
Approved as to Form for
City of Federal Way:
Londi K. Lindell, City Attorney
A TIEST: This
day of
, 1998.
N. Christine Green, CMC
Federal Way City Clerk
DR AFT
¿)~d5-C¡B
After recording, return to:
Londi K. Lindell
Federal Way City Attorney
33530 1st Way South
Federal Way, WA 98003
INTERWCAL AGREEMENT
BETWEEN THE CITIES OF MILTON AND
FEDERAL WAY CONCERNING ASSUMPTION
AND DISSOLUTION OF LAKEHA YEN UTILITY DISTRICT
This Agreement is made and entered into this - day , 1998, by and
between the City of Milton, Washington, a non-charter code municipal corporation ("Milton")
and City of Federal Way, Washington, a non-charter code municipal corporation ("Federal
Way"). Milton and Federal Way are referred to collectively as the "parties".
RECITALS
1. Pursuant to the Growth Management Act, RCW 36.70A.ll0, cities are the
appropriate local government entity to provide urban services such as water and sewer service;
and
2. Pursuant to King County Countywide Planning Policy FW-13, "within the Urban
Area, as time and conditions warrant, cities should assume local urban services provided by
special purpose districts"; and
3. The area within the Lakehaven Utility is located within an "Urban Area" as
defined by the King County Comprehensive Plan; and
4. Pursuant to RCW 35. 13A.O30, whenever sixty percent (60%) of the area or sixty
percent (60%) of the assessed valuation of real property within a special purpose district such
as a water and sewer district is included within a city, that city may assume the ownership,
operation, and control of that portion of the district not contained within the boundaries of
another city; and
5. Pursuant to RCW 35. 13A.O6O, a city assuming that portion of a water and sewer
district contained within another city may enter into an interlocal agreement with that city to
assume responsibility for operation and maintenance of the district's property, facilities and
equipment within the other city;
Interlocal Agreement Between
Cities of Milton and Federal Way
Concerning Lakehaven AssumptionIDissolution
Page 2
6. The Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of
the Revised Code of Washington provides for interlocal cooperation and agreements between
municipal corporations; and
7. The Federal Way City Council adopted Ordinance No. 97-302 on October 21,
1997, directing its staff to prepare Notices of Intent to Assume and Dissolve the Lakehaven
Utility District ("District"), and to file said Notices with the King and Pierce County Boundary
Review Boards; and;
8. Said Notices were filed with the King and Pierce County Boundary Review Boards
on November 4, 1997 and November 10, 1997, respectively.
9. As part of the assumption/dissolution of the District, Federal Way and Milton
desire to preserve ownership and control of the District property and facilities currently within
the City of Milton until such time as Milton assumes responsibility for providing water and/or
sewer services to its citizens at which time Milton would be responsible for installing, at its
expense, a master meter or other facilities necessary to allocate costs of services among the
parties; and
10. Milton and Federal Way agree that mutual cooperation between the two cities is
in the best interest of their citizens, and that the assumption/dissolution of the District is
appropriate under RCW 35.13A, RCW 36.70A, and RCW 36.93; and
11. Federal Way agrees to provide water and sewer service to Milton ratepayers at
a reasonable rate, with no surcharge or tax attributable to Milton residents solely due to their
residency; and
12. Milton and Federal Way have determined that it would be in the best interests of
the citizens if the parties were to enter into an Interlocal Agreement setting forth their rights,
duties and responsibilities with respect to Federal Way's ownership, operation and maintenance
of property, facilities and equipment owned by the District prior to dissolution and located within
the corporate boundaries of Milton;
NOW, THEREFORE, for and in consideration of the agreements contained herein, the
parties hereto agree as follows:
Interlocal Agreement Between
Cities of Milton and Federal Way
Concerning Lakehaven AssumptionIDissolution
Page 3
AGREEMENT
1. Existin~ District A~reements. Federal Way shall, upon the effective date of
assumption of the Lakehaven Utility District ("District"), assume all rights and responsibilities
of the District with respect to any interlocal agreements or contracts between the City of Milton
and the District. Federal Way shall perform the terms of any such agreement or contract in the
same manner as the District would be required to perform if the City had not assumed the
District.
2. Federal Way Facilities. Upon the effective date of Federal Way's assumption
and/or dissolution of the District, Federal Way shall be entitled to full legal title and ownership
of all the District facilities, and the real property associated with them, located within Milton's
corporate boundaries and its PAA, including, without limitation the following:
a.
Transmission Mains including:
2047.11 ft. - 10" DI, cr or AC pipe connecting Military Road and
Enchanted Pkwy
659,73 ft. - 6" AC pipe connecting Enchanted Pkwy and 28th Ave. S.
b.
Other mains including:
6 - 6 inch and under AC water mains
2 - 6 inch and under Dr or CT water mains
8 - 8 inch Dr or CT water mains
9 - 6 inch and under AC water mains
3 - 8 inch AC water mains
1 - 10 inch AC water main
2 - 12 inch AC water mains
8 - 6 inch and under PVC water mains
12- 6 inch and under Dr or CT water mains
93- 8 inch Dr or CT water mains
10- 10 inch Dr or CT water mains
2 - 12 inch DI or CT water mains
4 - unknown water mains
less the mains described in Paragraph 2.a above.
(1,223.23 ft)
(135.52 ft)
(870.14 ft)
(705.54 ft)
(156.14 ft)
(43.33 ft)
(348.13 ft)
(838.42 ft)
(814.48 ft)
(7,856.56 ft)
(2,116.72 ft)
(546.20 ft)
(1,191.54 ft)
Interlocai Agreement Between
Cities of Milton and Federal Way
Concerning Lakeba ven Assumption/Dissolution
Page 4
"
c.
17 Blowoff Assemblies; and
d.
29 Hydrant Assemblies; and
e.
1 PRY Vault (pRV # 33)
f.
Sewer lines, including:
12 - 15 inch concrete
7 - 18 inch concrete
7 - 8 inch PVC
4 - 12 inch PVC
1 - siphon line
5 - 8 inch ductile iron
5 - 12 inch ductile iron
3 - 8 inch concrete
10 - 12 inch concrete
7 - 15 inch concrete
50 - 8 inch PVC
7 - 12 inch PVC
3 - siphon lines
(2,528.44 ft )
(1,820.05 ft)
(2,078.69 ft)
(657.63 ft)
(14.96 ft)
(420.87 ft)
(706.58 ft)
(487.34 ft)
(2,312.95 ft)
(1,693.30 ft)
(9,121.92 ft)
(1,240.10 ft)
(158.77 ft)
g.
Sewer facilities including:
96 standard 48-inch manholes
2 standard manholes larger than 48 inches
4 - 48-inch drop manholes
6 - 48-inch overbuilt manholes
3. Milton Facilities. Milton may at some later date, and after a reasonable notice
to Federal Way, request the City of Federal Way to transfer full legal title and ownership of all
of the District facilities described in Paragraphs 2.b - 2.g, and the real property associated with
them, to Milton. Federal Way shall transfer full legal title and ownership to Milton within a
reasonable period of time following execution of an agreement allocating responsibility for the
indebtedness and capital cost, if any, of any facilities (or improvements to them) to be
transferred.
4. Maintenance/Operation and Indebtedness. The City of Federal Way shall, upon
the effective date of Federal Way's assumption of the District, be responsible for the operation,
Interlocal Agreement Between
Cities of Milton and Federal Way
Concerning Lakebaven AssumptionIDissolution
Page 5
maintenance, permitting, taxes, and contractual or bonded indebtedness associated with the
facilities and property allocated in Paragraph 2 above. Federal Way's responsibility under this
paragraph shall not be deemed to affect the requirement that the parties agree on an allocation
of capital costs prior to transfer of ownership as set forth in Paragraph 3 above.
5. Continued Provision of Service. Federal Way shall, upon the effective date of
Fede:-al Way's assumption and/or dissolution of the District, and until the transfer of facilities
under Paragraph 2 above, provide water and sewer service to former District ratepayers residing
in Milton or in Milton's PAA at a reasonable rate that is uniform for the same class of customer
or service. The rate shall be based on the cost of providing service, which shall be determined
according to, among other things, the costs of maintenance, operation and repair of the system,
the costs of any special indebtedness bonds or warrants, the location of various customers and
the difference, if any, in cost of maintenance, operation, repair, and replacement of system
parts, the different character service being furnished, capital contributions made to the system,
including but not limited to assessments, and any other matters which present a reasonable
difference as a ground for distinction. Federal Way shall not impose a surcharge upon Milton
ratepayers in excess of any surcharge upon any other ratepayers being served by Federal Way,
unless the costs of providing service as determined according to this paragraph reasonably
warrant imposition of the surcharge.
6.
General Provisions.
6.1 This Agreement may be amended at any time by the mutual written consent of the
parties.
6.2 This Agreement shall take effect immediately and shall continue in effect until
terminated.
6.3. Neither party may assign this Agreement without the written consent of the other
party .
6.4. Each party shall be responsible for the consequences of any negligent or wrongful
act or failure to act on the part of itself, its elected official, agents, volunteers and
employees. Neither party assumes responsibility to the other party for the consequences
of an act or admission of any person, firm or corporation not a party to this Agreement.
6.5. Any provision of this Agreement which is prohibited or unenforceable, shall be
ineffective to the extent of such prohibition or unenforceability, without invalidating the
remaining provisions or affecting the validity of enforcement to such provisions.
Interlocal Agreement Between
Cities of Milton and Federal Way
Concerning Lakehaven AssumptionIDissolution
Page 6
6.6. The parties stipulate that the following persons shall be the contact person for
their respective jurisdiction. .
a.
City of Milton:
John Williams, or his successor in interest
Mayor
1000 Laurel Street
Milton, W A 98354
(253) 922-8733
FAX (253) 922-2385
b.
City of Federal Way:
Kenneth E. Nyberg, or his successor in interest
City Manager
33530 1st Way S.
Federal Way, W A 98003
(253) 661-4013/Fax: (253) 661-4024
6.7. A copy of this Agreement shall be filed with the City Clerk of the Cities of
Milton and Federal Way, and the County Recorder for the County of King.
IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the
day and year indicated.
CITY OF MILTON
CITY OF FEDERAL WAY
BY:
BY:
John Williams
Mayor
Kenneth E. Nyberg
City Manager
Date:
Date:
"
Interlocal Agreement Between
Cities of Milton and Federal Way
Concerning Lakehaven Assumption/Dissolution
Page 7
Approved as to Form for
City of Milton:
Gordon Scraggins, City Attorney
ATIEST: This_dayof
, 1998.
Deborah Crosier
Milton City Clerk
K: \lakcbave>\inte>r1c1.mU
2-20-98
Approved as to Form for
City of Federal Way:
Londi K. Lindell, City Attorney
ATTEST: This
day of
, 1998.
N. Christine Green, CMC
Federal Way City Clerk
DRAFT
óì-9B -9S
After recording, return to:
Londi K, Lindell
Federal Way City Attorney
33530 - 1st Way S.
Federal Way, W A 98003
INTERLOCAL AGREEMENT
BETWEEN THE CITIES OF EDGEWOOD AND
FEDERAL WAY CONCERNING ASSUMPfION
AND DISSOLUTION OF LAKEHA VEN UTILITY DISTRICT
This Interlocal Agreement (.. Agreement") is made and entered into this day of
, 1998, by and between the City of Edgewood, Washington, a non-charter code
municipal corporation ("Edgewood") and City of Federal Way, Washington, a non-charter code
municipal corporation ("Federal Way"). Edgewood and Federal Way are referred to collectively
as the "parties".
RECIT A I-'L~
1. Pursuant to the Growth Management Act, RCW 36.70A.ll0, cities are the
appropriate local government entity to provide urban services such as water and sewer service;
and
2. Pursuant to King County Countywide Planning Policy FW-13, "within the Urban
Area, as time and conditions warrant, cities should assume local urban services provided by
special purpose districts"; and
3. The area within the Lakehaven Utility is located within an "Urban Area" as
derIDed by the King County Comprehensive Plan; and
4. Pursuant to RCW 35. 13A.O30, whenever sixty percent (60%) of the area or sixty
percent (60%) of the assessed valuation of real property within a special purpose district such
as a water and sewer district is included within a city, that city may assume the ownership,
operation, and control of that portion of the district not contained within the boundaries of
another city; and
5. Pursuant to RCW 35. 13A.O6O, a city assuming that portion of a water and sewer
district not contained within another city may enter into an Interlocal agreement with another city
in which a portion of the to-be-assumed special purpose district is located, to assume
Interlocal Agreement Between
Cities of Edgewood and Federal Way
Concerning Lakehaven AssumptionIDissolution
Page 2
responsibility for operation and maintenance of the district's property, facilities and equipment
within the other city;
6. The Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of
the Revised Code of Washington provides for interlocal cooperation and agreements between
municipal corporations; and
7. The Federal Way City Council adopted Ordinance No. 97-302 on October 21,
1997, directing its staff to prepare Notices of Intent to Assume and Dissolve the Lakehaven
Utility District ("District"), and to file said Notices with the King and Pierce County Boundary
Review Boards; and .
8. Said Notices were filed with the King and Pierce County Boundary Review Boards
on November 4, 1997 and November 10, 1997, respectively.
9. As part of the assumption/dissolution of the District, Federal Way and Edgewood
desire to preserve ownership and control of the District property and facilities currently within
the City of Edgewood until such time as Edgewood assumes responsibility for providing water
services to its citizens at which time Edgewood would be responsible for installing, at its
expense, a master meter or appropriate facilities to separate/regulate the two systems; and
10. Edgewood and Federal Way agree that mutual cooperation between the two cities
is in the best interest of their citizens, and that the assumption/dissolution of the District is
appropriate under RCW 35.13A, RCW 36.70A, and RCW 36.93; and
11. Federal Way agrees to provide water service to Edgewood ratepayers at a
reasonable rate, with no surcharge or tax attributable to Edgewood residents solely due to their
residency; and
12. Edgewood and Federal Way have determined that it would be in the best interests
of the citizens if the parties were to enter into an Interlocal Agreement setting forth their rights,
duties and responsibilities with respect to Federal Way's ownership, operation and maintenance
of property, facilities and equipment owned by the District prior to dissolution and located within
the corporate boundaries of Edgewood;
NOW, THEREFORE, for and in consideration of the agreements contained herein, the
parties hereto agree as follows:
Interlocal Agreement Between
Cities of Edgewood and Federal Way
Concerning Lakehaven Assumption/Dissolution
Page 3
Interlocal Agreement Between
Cities of Edgewood and Federal Way
Concerning Lakehaven AssumptionIDissolution
Page 4
AGREEMRNT
1. Existin~ District A~reements. Federal Way shall, upon the effective date of
assumption of the Lakehaven Utility District ("District"), assume all rights and responsibilities
of the District with respect to any Interloca1 agreements or contracts between the City of
Edgewood and the District. Federal Way shall perform the terms of any such agreement or
contract in the same manner as the District would be required to perform if the City had not
assumed the District.
2. Federal Way Facilities. Upon the effective date of Federal Way's assumption
and/or dissolution of the District, Federal Way shall have full legal title and ownership of all the
District facilities, and the real property associated with them, located within the Edgewood
corporate boundaries, including, without limitation the following:
a.
All water mains including:
4 6-inch and under AC Water Main
4 8-inch AC Water Mains
1 12-inch AC Water Mains
1 6-inch and under PVC Water Main;
(417.12 feet in length)
(310.75 feet in length)
(25.50 feet in length)
(183.51 feet in length)
b.
2 Blowoff Assemblies; and
c.
8 Hydrant Assemblies.
3. Ed~ewood Facilities. Edgewood may at some later date, and after a reasonable
notice to Federal Way, request that Federal Way transfer full legal title and ownership of all of
the above described District facilities, and the real property associated with them, to Edgewood.
Federal Way shall transfer full legal title and ownership to Edgewood within a reasonable period
of time following execution of an agreement allocating responsibility for the depreciated capital
costs of any facilities (or improvements to them) to be transferred. Edgewood will install a
master meter, or appropriate facilities to separate/regulate the two systems, at its expense prior
to such transfer of facilities.
4. Maintenance/Operation and Indebtedness. The City of Federal Way shall, upon
the effective date of Federal Way's assumption and/or dissolution of the District, be responsible
for the operation, maintenance, permitting, taxes, and contractual or bonded indebtedness
associated with the facilities and property described in Paragraph 2 above. Federal Way's
responsibility under this paragraph shall not be deemed to affect the requirement that the parties
.
Interlocai Agreement Between
Cities of Edgewood and Federal Way
Concerning Lakehaven Assumption/Dissolution
Page 5
agree on an allocation of capital costs prior to transfer of ownership as set forth in Paragraph 3
above.
5. Continued Provision of Service. Federal Way shall, upon the effective date of
Federal Way's assumption and/or dissolution of the District, provide water service to ratepayers
residing in Edgewood at a reasonable rate that is uniform for the same class of customer or
service. The rate shall be based on the cost of providing service, which shall be determined
according to, among other things, the costs of maintenance, operation and repair of the system,
the costs of any special indebtedness bonds or warrants, the location of various customers and
the difference, if any, in cost of maintenance, operation, repair, and replacement of system
parts, the different character service being furnished, capital contributions made to the system,
including but not limited to assessments, and any other matters which present a reasonable
difference as a ground for distinction. Federal Way shall not impose a surcharge upon
Edgewood ratepayers in excess of any surcharge upon any other ratepayers being served by
Federal Way, unless the costs of providing service as determined according to this paragraph
reasonably warrant imposition of the surcharge.
6.
General Provisions.
6.1 This Agreement may be amended at any time by the mutual written consent of the
parties.
6.2 This Agreement shall take effect immediately and shall continue in effect until
terminated.
6.3, Neither party may assign this Agreement without the written consent of the other
party.
6.4. Each party shall be responsible for the consequences of any negligent or wrongful
act or failure to act on the part of itself, its elected official, agents, volunteers and
employees. Neither party assumes responsibility to the other party for the consequences
of an act or admission of any person, firm or corporation not a party to this Agreement.
6.5. Any provision of this Agreement which is prohibited or unenforceable, shall be
ineffective to the extent of such prohibition or unenforceability, without invalidating the
remaining provisions or affecting the validity of enforcement to such provisions.
"
Interlocal Agreement Between
Cities of Edgewood and Federal Way
Concerning Lakeha yen Assumption/Dissolution
Page 6
6.6. The parties stipulate that the following persons shall be the contact person for their
respective jurisdiction.
a.
City of Edgewood:
Stephen L. Anderson, or his successor in interest
City Manager
10319 8th St. E.
Edgewood, W A 98372
(253) 952-3299
FAX (253) 952-3537
b.
City of Federal Way:
Kenneth E. Nyberg, or his successor in interest
City Manager
33530 1st Way S.
Federal Way, WA 98003
(253) 661-4013/Fax: (253) 661-4024
6.7. A copy of this Agreement shall be filed with the City Clerk of the Cities of
Edgewood and Federal Way, and the County Recorder for the County of King.
IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the
day and year indicated.
CITY OF Edgewood
CITY OF FEDERAL WAY
BY:
BY:
Stephen L. Anderson
City Manager
Kenneth E. Nyberg
City Manager
Date:
Date:
. .1
Interlocal Agreement Between
Cities of Edgewood and Federal Way
Concerning Lakehaven Assumption/Dissolution
Page 7
Approved as to Form for
City of Edgewood:
Lisa Marshall, City Attorney
A ITEST: This - day of
, 1998.
Approved as to Form for
City of Federal Way:
Londi K. Lindell, City Attorney
AITEST: This
day of
, 1998.
Nacelle J. Heuslein
Edgewood City Clerk
K: \lakcbave>\intulcl.e>dc
2-24-98
N. Christine Green, CMC
Federal Way City Clerk
~2/2S/98 WED 11:~1 FAX 206 87~ 6540
CITY OF DES MOI""'~
206870 6540
~ uu"'
Draft Interlocal Agreement Between
Cities of Des Moines aDd Federal Way
Concerning Lalœhaven Assumption/Dissolution
Page 1
02/25/98 - 11:06 AM
DRAFT ]
;}- d5-:
After recording, return to:
INTERLOCAL AGREEMENT
BETWEEN THE CITIES OF DES MOINES AND
FEDERAL WAY CONCERNING ASSUMPTION
AND DISSOLUTION OF LAKEHA YEN UTILITY DISTRICT
This A~ent is made øH.1 e:1~~I;(Ì into this_._dayof . 1998, by
and between the City of Des Moiues. ,,\fasbingtcns a. non-charter code municipal corporation ("Des
Moines") and City of Fcdel"~ Way, WI,-')hington, a non-charter code municipal corporation
(IIFederaJ Way"). Des Moines and Federal Way are referred to collectively as the "parties".
~
1. Pursuant to the Growth Management Act, RCW 36.70A.110, cities are the
appropriate local government entity to provide urban services such as water and sewer service; and
2. Pursuant to King County Countywide Planning Policy FW-13, "Cities are the
appropriate provider ofloca] urban 'Servi~es to Urban Areas either directly or by contract," and
"within the Urban Area, as tÌl7'1..t: and conditiOns warrax.t, cities should assume local ~an services
provided by special purpose ¡[¡st'.~~ts" .:~d
3. Pursuant t\) RCW 35,:~3A.Ij,?": whenever sixty percent (60%) of the area or sjxty
percent (60%) of the 8'j:S~S~ valua.tiOf> of,-~a1 prop~within a special purpose district such as
a water and sewer disLr~ct is included within a city, that city may assume the ownership, operation,
and control ofthat portioll of~11(; distJi"t not contaíned within the boundaries of another city; and
4. Pursuant to RCW 3S.13A.O60, a city assuming that portion of a water and sewer
district not contained within another city may enter into an interlocal agreement with another city
02/25/8~ W~V 11:Jl rAA ~uo a/v O~~U
\,.J.J.J. vc """oJ "'V.l.
c:::~ !;:(IQ b::>41a
Draft Interlocal Agreement BetWeen
Cities of Des Moines and Federal Way
Concerning Lakehaven AssumpdonIDissolution
Page 2
"
02/25/98 - 11:06 AM
in which a portion of the to-1»assumed special purpose district is located, to assume respvnsibility
fot" operation and maintenance of the district's property, facilities and equipment within the other
city;
5. The Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the
Revised Code of Washington provides for intcrloca1 cooperation and agreements between
municipal corporations; and
6. ThcFcdcral Way City Council adopted QrdinVlC'.e No. 97-302 on October 21,1997,
directing its staff to prepare Notices of Intent to Assume and Dissolve the Lakchaven Utility
District ("District"), and to file said Notices with the King and Pierce County Boundaty Review
Boards; and;
7. As part of the us'lI1lptí!Þnldissolution of the District, Federal WayandL>es Moines
wish for Federal Way to assume responsibí1ity tel' operation and msPnten.Bt'lcc of District property
and facilities currently within the City of DC5 Moines (including specifically but not limited to the
Redondo Sewage TretJ:11ent Plant) umil such time as Des Moines wishes to obtain ownership of
some or all of that property and facilities and begin providing water or sewer services to its
citizens; and
8. Des Moines and Federal Way a.grcc that mutual cooperation between the two cities
is in the best interests of their citizens, and that the assumption/dissolution of the District, is
appropriate under RCW 3S.13A, RCW 36.70A, and RCW 36.93; and
9. Des Moines' cooperation is contingent upon Federal Way's agreement to relinquish
ownership, operation and maint.enance I)fDistrict property and facilities located within Des Moines
and its Potential Annexation Area ("P AA"), as set forth in the Interlocal Agreement between
Federal Way and Des Moines dated December 16. 1996 or as it may be amended; and upon Federal
Way's agreement to provide, prior to relinquishing ownership, operation and maintet'JA1"ce of such
facilities, water and sewer service to Des Moines ratt:payers at a reasonable rate, with no surcharge
or tax attributable to Des McÌJ'l..s residents solely d~ to their residency; and
10. Des Moines and Federal V,lay have detemùned that it is in the best interests of the
çiti2eD1 of both cities to enter into an Interlocal Agreement as an expression of Des Moines'
cooperation with Federal Way in its assumption of the District, and to set forth the cities' rights,
duties and responsibilities with respect to Federal Way's ownership, operation and maintenance
of property, facilities and equipment located within the corporate boundaries of Des Moines and
its P AA~
02125/88 WED ll:J~ r.u. lOt) ð/U t)Ö)4U
\,.J.J.J. ur UJ;.,J "-LV'"
~~ I;;('" 0::>"'"
Draft Interloca1 Agreement BetweeJ1t,
Cities of Des Moines and Feo.deral Way
Conurnin& LakehaveD AssumptiolVDis,olutiDD
Page 3
02125/98 - 11 :06 AM
NOW, THEREFORE, for and in consideration of the mutual agreements contained herein,
the parties hereto agree as follows:
~GREEMENT
1. Existing Disttict Agrb;.>ments. Federal Way shall, upon the effective-. date of
assumption andlor dissolution oftbe l"akehaven Utility District ("District"), asswne a11 rights and
responsibilities of the District with re~pect to any interlocal agreements or contracts betWeen the
City of Des Moines and the District. Federal Way shall perfolm the terms of any such agreement
or contract in the same manner 9S the District would be required to perform if the City had not
assumed and dissolved the District.
2. Federal Way FacUitie~, Jpon the effective date of Federal Way's assumption
and/or dissolution of the District, Des Múi'les agrees that Federal Way shall be entitled to full legal
title and ownership of all District asset,;, facilities, and real property associated with them, located
within the City of Des Moine.s and its P AA, includíng but not limited to the following:
a.
Redondo Sewage Treatment Plant;
b.
Sewage Lift Sratio1l No.7; and
c.
~ewage Lift Station No.8.
d.
Sewa&,." tift StúÎ(:n No, 6~
e.
Sewage Lift Staticn No. 30;
f. Sewer mains, collection and distribution lines, and any other infrastructure
associated with the Redondo ~;cwage 1'r.:t",;Jt ment Plant, Sewage Lift Station Nos. 6, 7, 8 and 30, and
located within Des Moin~' I:'orpor~.' ';} t.,f Jundaries Ci' Des Moir.es' Potential Annexaton Area
("PAA') as set forth in the Inlc}r!o(...'.J! }\~eement dated Dc.cember 16, 1996 or as maybe c..mended.
¡.
16th'Avenue water Tanks "An and "B"; and
h. Watcr 'mains, wstribution lines, meters and any other infrastructure
associated with the 16th Avetlue W~ltfT Tanks "An and "B" and located within Des Moines'
02/25/98 WED 11:J~ rAÃ ~u~ ð/U O~~U
\'.1..1..1. v. o¿."J .IOu...
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Draft IPterloul Agreemeøt BetWeen ,
Cities of Des MoiDes and Federal Way
Concerning Lakebs.yen AlsumptioDlDissolution
Page 4
02/25/98 - 11:06 AM
corporate boundaries or Des Moines' Potential Annexation Area (UP AAU) as set forth in the
Interlocal Agreement dated December 16. 1996 or as may be amended.
3. MaintenancelQperation and Indebtedness. Federal Way shall be responsible for the
operation, maintenance, pennittíng, taxes and contractual or bonded indebtedness associated with
the facilities and property allocated. in Paragraphs 2 above,
4. Continued rro~sion of Service. Federal Way shall, upon the effective date of
Federal Way's assumption aDdIor dissolution of the District, provide water and sewer service to
fonner District ratepayers residing in Des Moines or in Des Moines' P AA at a reasonable rate that
is uniform for the same class. of customer or service. The rate shall be based on the cost of
providing service, which shall be deœnnined according to, among other things. the costs of
maintenance, operation and repair of the system, the costs of any special indebtedness bonds or
warrants, the location of various customers and the diffi:rcnce, if any, in cost of maintenance,
operation, repair, and replacement of system parts, the different character service being furnished,
capital contributions made to the system, including but not limited to assessments, provision fOT
reasonable operational reserves for the facilities described in Paragraph 2, and any other matters
which present a reasonable dûferenc~ as t' ground for distinction. Federal Way agrees to consult
with Des Moines and discem Des Mobles . position, before increasing rates to ratepayers residing
in Des Moines or Des Moines' P AA. F edera1 Way shall not impose a surcharge upon Des Moines
ratepayers in excess of any surcharge. upon any other ratepayers being served by Federal WaY1
unless the costs of providing savice as determined according to this paragraph reasonØ>ly wammt
imposition of the surcharge. Federal Way sball not impose a utility tax upon ratepayers in Des
Moines or Des Moines' P AA. The parties recognize that the Lakehaven Utility District has
represented that the CUJTeIlt surcharge applied to Des Moines residents served by the utility will
expire on or before December 31, 1998, However, in the event such surcharge remains in place
upon the effective date ofFedcral Way's assumption of the district, Federal Way expressly agrees
to waive and/or extinguish such surcharge at no cost to the City of Des Moines or its residents.
5. Capital ImDrovemen~ To the extent authorized by law, Federal Way agrees to
submit to plans for capital and m3:.~or¡ltiÙn mance improvements to the facilities listed in Paragraph
2, and wrwse projected cost is Wl;;:ata ~ .'.all ~200,OOO, to the Des Moines City Council for i';s review
and approval; except Federcl Way H~ed not submit plans for Des Moines approval for any
improvements or maintenance'requirtd tc>ensurccompliance with state of federal requirements.
Federal Way will include with the plans a proposed funding mechanism and anticipated debt
repayment schedule, if any. Des Moines agtees to review and convey itS decision to Federal Way
within 30 days of receiving plans for the proposed capital improvements, and agrees that its
approval shall not be unreasonably withheld; e.g., Des Moines shall not disapprove a proposed
.'
02/Z~/~ð W~V 11:JJ tAA ,UO OIU Ov~V
"'......... v. ""'oJ ...~..
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Draft Interlocal Agreement Betweew:r..
Cities of Des Moines and F~del'al \\' ¡y'
Conœming Lakehaven AssumptionIDwollition
Page 5
02125/98 - 11:06AM
capital improvement because of the type of proposed funding mechanism~ Federal Way shall not
construct a proposed capital or major maintenance improvement subject to this paragraph until it
has received Des Moines's approval. Nothing in this paragraph shall be construed to limit or
extend Des Moines authority under applicable law, including but not limited to the State
Environmental Policy Act, RCW 43.2J C or the Shoreline Management Act, RCW 98.58.
6. Transfer of (~iVJ.lmmp. ,Operati.QJJlMaintenance. andJrovisìon ot Service
Obli2ations. AB consideratìqnfor the (;ity of Des Moines' cooperation with Federal Way's effort
to Assume and Dissolve the I..akehaven Utility District, and within 180 days ofreœipt of written
notice from Des Moines delivered to contact person set forth in Paragraph 8.6 below, Federal Way
shall transfer, via quit claim deed. ownership of some or all of those assets, facilities and real
property specified in Paragraph 2 above as identified by Des Moines in the written notice. The
transfer shall be at no cost to the City of Des Moines, except that, upon transfer of ownership, Des
Moines agrees to assume all of the obligations ofParagrapbs 3, 4, and 5 above with respect to the
facilities and property transferred pursuFJlt to this Paragraph. This means that, with respect to
facilities and property transferred, Des Moines shall, among other things:
6.1 be responsible for the operation. maintenance, pem1Ìtting, and payment of taxes and
contractual or bonded indebtedne~s that benefits or is associated with the facilities and
property, or any capiœl or major maintenance improvements thereto, at the time of the
transfer. Specifically, if there Ue outstanding general obligation bonds issued by Federal
Way associated withtà.cilities and property to be 1ransferred, Des Moines shall extinguish
such bonds prior to the effective date of transfer to Federal Way. If there are revenue
bonds, Federal Way and Des Moines shall enter into a supplemental agreement prior to the
effective date of the trailsfer pràyiding for the mechanism for Des Moines' payment of the
associated revenue bonded indebtedness. Such mechanisms may include, but are not
limited to, issuance of new revenue bonds by Des Moines to extinguish bonds issued by
Federal Way, or the pledging and payment by Des Moines to Federal Way of the revenues
received from customers served by the transferred facilities. Des Moines also agrees that
any revenues it receives ftom ratepayers residing in Federal Way or its P AA shall be used
to satisfy indebtedness associated with the facilities in Paragraph 2, and not for any other
facilities. .
6.2. provide water and sewer sèrvice to ratepayers residing in Federal Way or in Federal
Way's P AA at a reasonable ratb th!Ù is 11IÚÍorm for the same class of customer or service.
The rate gha11 be based on the cost of providing service, which shall be detcnnined
according to, among ,other thinj¡s. the costs of maintenance. operation and repair of the
system, the costs of any special indebtedness bonds or warrants, the location of various
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Draft Interloeal A&J'eementBetween
Cities of Des Moines and Federal Way
CoDcernin& Lakehaven Assumpti°uIDiasolution
Page 6
01125/98 - 11:06 AM
customers and the difterenc(', if any, in cost of maintenance, operation, repair, and
replacement of syst;cm parts. the; different cbar~'ter service being furnished, capital
contributions made to the syst~m, including but not limited to assessments, provision for
reasonable operational resQ'V(;~~ for the facilities described in Paragraph 2, and my other
matters which present a reasonable difference as a ground for distinction. Prior to the
effective date of the tr~fer, Des, Moines and Federal Way shall enter into a supplemental
agreement allocating ,W.sts of ~tment and c:ollection, and providing for reimbursement
to Federal Way of thèc;osts of In.~lU1œ and operation of the collection system located
within the CityofFedcra1 Way or its PAA and discharging to the Redondo STP.
6.3. consult with Fcdcral Way and disccm Federal Way's position, before increasing rates
to ratepayers residing in Federal Way or Federal Way's P AA.
6.4. Not impose a surcbæge upon Federal Way ratepayers in excess of any surcharge upon
any other ratepayers being s~ry:d by Des Moines, unless the costs of providing service as
determined according iO \ his ! I.:n:..,;taph L'ea:3or.~bly WaITa1t imposition of the suTcharge.
Des Meines agrees 11(1\: 'iO j~P') ~e .l utility tax upon ratepayers residing in F edera { Way or
Federal Way's PAA. . .
6.5. To the extent iluthorizcdby law, Deg Moines agrees to submit to plans for capital
and major maintenanœ improvements to the facilities listed in Paragraph 2, and whose
projected cost is greatI.'.2' tlw1 $1.00,000, to the City ofFedera1 Way fur review and approval.
Des Moines will include with the plans a proposed funding mechSln1~m and anticipated
debt repayment schedule, if any. Federal Way agrees to review and convey its decision to
Des Moines within 30 days of receiving plans for the proposed capital improvements, and
agrees that its approval shall not be unreasonably withheld; e.g., Federal Way shall not
disapprove a proposed capital improvement because of the type of proposed funding
mechanism. Des MoiDCs shall not constTuct a proposed capital improvement until it has
received Federal Wu)l~ al'PI"f)öf?J. I
7. Expression of MuOla CoQllert'r?21.1
In consideratior, tt.;; FèC.eral Wa;1's .:.é,lfeement to ?rov<.de for future tra..."'lsfer, Des Moines
agrees that this Inted(/.,; 11 Agl'{'cment 1~1l1 serve as 1(5 official expression of mutual cooperation
with the City ofFedera1 Wa}+. it~ efto)t to assmrm and dissolve the Lakehaven Utility DistriCt.
Accordingly, the City of D~ Moines exprenly authorizes and approves the filing of this
Agreement, including but not. limited to ... specific expression of mutual cooperation as set forth
herein, before the Washington State Boundary Review Board for King County, the King County
Superior Court, or any other entity with review or approval authority over the
U~/~~/~O "~U ~~.v, r4A ,uu ~U Uy~V
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Draft Interlow A&reement ßetwee~
Cities of Des Moines and Fe~ral "'ay
Concerning Lakehaven AssJlmptionlÞissoJutiOD
Page 7'
0%125/98 .. 11 :06 AM
assumptioI1/dissolution. To the extent any entity has review or approval authority over the transfer
of facilities to Des Moines a$ provided for in Paragraph 6 above, Fcdcra1 Way agrees to express
its mutual cooperation with Des Moj1)~.s i" accomplishing such transfer in writing to that entity.
8. General Provision~.
, , ."
8,1 This Agreeme~tmayb~~unendedat :any time by the mutual written consent of the
parties.
8.2 This Agreement shall take. effect immediately and shall continue in effect until
terminated by mutual agreement of the parties.
8.3. Neither party may assign this Agreement without the written consent of the other
party.
8.4. Bach party smll be res::ow.ible for the consequences of any negligent or wrongful
act or failure to act en the part of itself: its elected official, agents, volunteers and
employees. NeithQ1' party assumes œsponsibility to the other party for the consequences
of an act or admission of any person, finn or corporation not a party to this Agreement.
r v
8.S. Any provision oftbis Agreement which is prohibited or unenforceable, shall be
ineffective to the extent of such prohibition or lack of enforceability, without-invalidating
the remaining provisions or aftecting the validity of enforcement to such provisions.
8.6.
The following persons shall be the contact person for their respective jurisdiction.
a.
City of Des Moines;
Robert L. Olander; ~r his <;uccessor in in', :rest
City Managèr '
21630 llthS:"'"
Des MC'IDes. WA 981~8
(206) b 18-45 95/F ax: (;!OS) 870-6540
b.
City of Federal \Vay:
Kenneth E. Nyberg, orllis su~essor in interest
02125/98 WED 11:J4 bU ¡':UO O/u Oi)oilJ
\...1..1..1. v. U¡;'J ...v~
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,,\
Draft Interloeal Agreement 'B~tween '
Cities of Des Moines and Federal Vi ày
Concerning Lakeha~eD AssamptioDlDissolutioD
Page 8
02/25/98 - 11:06 AM
City Manager
33530 1st Way S.
Federal Way, WA 98003
(253) 661-40l3/Fax: (253) 661-4024
8.7. A copy of this,Agrectl\cnt shall be filed with the City Clerk of the Cities of Des
Moines and Federal Way, and tÞ.c County Recorder for the County of King.
8.8 The parties shall negotiate in good faith any supplemental agreements necessary to
effectuate the terms of this Agreement or to continue to facilitate the sound operation and
maintenance of the Redondo STP and the sewage collection system it serves. Notwithstanding
anything to the contrary in Paragraph 6, the obligation to transfer ownership of any property or
facilities to Des Moines shallllOt be triggered until all necessary supplemental agreements have
been mutually agreed upon wd etet".~ ttJ 1)y the parli~.
9.
Dispute Resolution Proceóli:e.~..
9.1
9.2
If. within 180 days of Des Moines' official notice of its intent to assume
ownersbip, ope1'aûon and control of some or all of the assets, facilities and
reat property specified in Paragraph 2, the parties are unable to mutually
agree on any n~sry supplemental agreement(s) related to the transfer of
ownership of such propmyor facilities, or if a dispute arises ftom or relates
to this Agreement or the breach thereof and if the dispute cannot be
resolved through direct discussions, the parties agree to endeavor first to
settle tbe disp\'\tein an amicable manner by mediation adm1n;stered by a
mediatoi' 'ooder' the American Arbitration Association's Rules before
resorting to arbitration. The mediator may be selected by agreemmt of the
parties or throuih the American Arbitration Association.
".'.'
,,'. "'\'
,""
Following mediation, or a written agreement by the parties to expressly
waive the mediation process, any unresolved controversy or claim arising
ftom or relating to this Agreement or breach thereof shall be settled through
arbitration which shan be conducted under the American Arbitration
Associationls Arbitration Rules. The arbitrator may be selected by
agreement of the parties or through the American Arbitration Association.
All fees and expenses for mediation or arbitration services shall be borne
by the parties equally. However, each party shall bear the expense of its
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c..""c cr"" C..>"-t"-'
Draft Interlocal Agreement Between
Cities of Des Momes and Federal Way
CoøœrniDg Lakehaven AssumptionIDislolutioD
Page 9
01/15/98 - 11:06 AM
own eòunsel, ~ltpPrt.s) 'witnesses, and preparation and presentation of
evid=nce.
9.3
All questions related to this Agreement shall be resolved under Ùle laws of
the Stàw of Washington. In the event that either party deems it necessary
to institute legal action arising ftom this Agreement, such action shall be
instituted in the King County Superior Court. The parties each consent to
the personal jurisdiction o(such court. E~cept as otherwise provided by
law, it is expressly understood that neither party can institute any legal
action against the other based on this Agreement until the parties have
exhaust:d the arbitration procedures required by the previous paragraph.
IN WITNESS WHER F..OF' the parties bve hereunto placed their hand and seals on the day
and year indicated.
CITY OF DES MOINES
CITY OF FEDERAL WAY
BY:
BY:
Robert 1. Olander
City Manager
Kenneth E. Nyberg
City Manager
Date:
---
Date:
Approved as to Form for
City of Des Moines:
Approved as to Fonn for
City of Fedet'al Way:
Gary N. Mclean, City Attorney
Landi K. Lindell, City Attorney
02/25/98 WED 11:35 FAX 206 870 6540
CITY OF DES MOI'~-
206 870 654Ø
~ uJ.J.
Draft Interlocal Agreement Between
Cities of Des Moines and Federal Way
Concerning LakehaveD AsswnptioDlDinolution
Page 10 ,.
02/25/98 - 11:06 AM
A'ITEST: This_dayof .,.
.1998.
ATI'EST: This
day of
. 1998.
Denis Staab
Des Moines City Clerk
N. Christine Green. CMC
Federal Way City Clerk
K: I.IaIa:bavolinLcr 1;3. ~
MEETING DATE: March 3,1998
ITEM#
7(~)
"""""""""""""""""""""""""""....,.............,...............................................................................................................,.......................,.................
..................
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
... § Y..~!~ ç !,;...¥. ~ ~.~ ~..A ~ .~. ~ p !.~~ ~ .~.~.~ ~~..ç ~~Y.~..~~J~.~~.~.~..~~ ~~.Y..~ !~.~~.. r..~~ J~.~.~.. ....."...........
CA TEGORY: BUDGET IMPACT:
X CONSENT
ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
_PROCLAMATION
_STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
...........................,.............................................................,.............................................................."..............................................
..............."...........................
A TT ACHMENTS: Parks, Recreation, Human Services and Public Safety CmUlcil Committee action fonn dated February
...........................,..........................~.?~..~?~~:...................................................................,..................................................................
...........,............................
SUMMARYIBACKGROUND: On May 20, 1997, the City Council awarded the Lake Grove Ballfield Renovation project to
Ohana Nursery for $183,699.45. The project scope involved the reconstruction and upgrading of the existing sports field at Lake
Grove Elementary School. The project included two 200 foot basebalVsoftball fields with an overlapping youth field, underground
drainage and iITigation system, new backstops and dugouts, new warning track fencing and installation of a new retaining wall. The
City selected to upgrade the field seeding to sod field installation. The final project amount of $207 ,662.38. The budgeted amount
... ~~~. ~.~~9...Q99:... I~~ .p.~~L<?~~. \~. ~~~ p. !~!~..~~. ~~.~. P.?~g~~:..... .......,...... ........................"............................................. ........ ........
......... .......,............
CITY COUNCIL COMMITTEE RECOMMENDATION: On FebruaIy 23, 1998, the Parks, Recreation, Human
Services and Public Safety Council Committee passed a motion to approve acceptance of the construction contract with
... 9.~~.l!. ~, ~ o/.~~ry. r ~~. ~~~. .~.~~. .9.~gy'~. !?.~~~fl~~q.~~~Q~ !l.~~~.~.p'~.<?j~.L... ......... ........,... ....... .....,......... ..... ................,.... ........ ...,
................. ...........
CITY MANAGER RECOMMENDATION: Fkœ-tvt æ o£(Þ,"",- Nt'vr-:æo^?, EeõYj~f (~ k-fl<? 6w,1J"( O'>-i(~.?'¿4
R.c ", ~1¿,' ~ " 'tt£ .', <:LL<-J4-..: Î2/ " I I) v,: ~,
.........~~~~..r:Y.:~!...~~...~~...".:...~~......::-::...~::~~....:.~.....~~~~==.~...................................L~...,....,:.~I 1'J........
APPROVED FOR INCLUSION IN COUNCIL PACKET: (/Jj)
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
T ABLED/DEFERRED/NO ACfION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
Item SA
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE
Subject:
February 17, 1998
Jon Jainga, Park Planning and Development Manage~
Final Acceptance for the Lake Grove Ballfield Renovation
Date:
From:
Back2round:
On May 20, 1997, the Federal Way City Council awarded the Lake Grove Ballfield renovation project
to Ohana Nursery for $183,669.45. The project scope involved the reconstruction and upgrading of
the existing sports field at Lake Grove Elementary School. The project included two 200 foot
basebalVsoftball fields, with an overlapping youth soccer field, underground drainage and irrigation
systems, new back stops and dugouts, new warning track fencing, and installation of a new retaining
wall. The City selected to upgrade the field seeding to sod field installation.
The final project amount was $207,662.38. The budgeted amount was $240,000. The project is
complete and within budget.
"
Committee Recommendation:
Motion to approve acceptance of the construction contract with Ohana Nursery for the Lake Grove
ballfield renovation project.
APPROVAL OF COMMITTEE REPORT:
--
,,'" d~ . II" c.L.-..v--J
ommittee Member
Committee Member
MEETING DATE: March 3,1998
ITEM# X (i- )
.......................................................................................................................................................................................................
.............................................
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
... ~ Y.~.!~ ç.!.;...¥ ~.~.~ ~..A ~ .~. ~ p ~.~ ~~.~!~~E.~...!~.~~~..¥..~.~.~~. .!.~ P.!". ~Y.~.~.~.~.!..~.!". ~ J~ .~.!. ....... ""'" ......
CATEGORY: BUDGET IMPACT:
X CONSENT
ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
""""""""""""""""""""""""""".........................................................................................................,..................................................................
..................
A TT ACHMENTS: Parks, Recreation, Human Services and Public Safety Council Committee action fonn dated February
"'.'..'....,.."""""""""."."""""""",~.?!..~~.?~:........................................................................................................................................................
......................
SUMMARYfBACKGROUND:. On August 1, 1995, the City Council approved the 1995 CDBG reallocation ofHany S. Truman
High School ballfield project to the Mark Twain field improvement project. This approved $144,348 from the CDBG reallocation.
Buckley Nursery was awarded the bid for $134,294.20. Buckley Nursery's scope of work included installing an underground
irrigation system, retaining wall, new subsurface soil mix, and coordination of the installation of sod through community volunteers.
The project also improved the accessibility to the field. The project is complete and within budget. The fmal project amount if
... ~.!. ~ ~ ...~? ~:.~ Q. .~!l.~.! ~. ~!l.~~~. ~~. ~ !:l.~ g~~~~. .~~~~. ~f t~~.~ !~.~~:. ..IÞ:~.p'~~j.~!.~.~.~.~~~. ~!l..f.~P.~~. .~.~....!.~.?~:................... ..................
......
CITY COUNCIL COMMITTEE RECOMMENDATION: On February 23, 1998, the Parks, Recreation, Human
Services and Public Safety Council Committee passed a motion to approve acceptance of the construction contract with
... ~ ~~~.l.~y'. ~ ~~~ry. f'?t .~~~..M ~~..I ~ ~.~.! ~.~.~~. .~P..~~.~~~~~~ .PEC?j ~~:........... ............ ............ ......... ....... ....................... ................
.......................
CITY !\tANAGER RECOMMENDATION: {t;aM' 1fl ~"¿} N~o:"';)- C<.,.",rv~.A~ 1....:.. ~t1d.~TL---.~v';", zo.)
... fh,:: Ç!&!!~'.. ~~~f~.~.~::.~.:::t.. bY.~: ~... ~?.. ~:~~~~:::... .~~... ~~~.~.~...~. ~=~:~.'~~~~. ~=......... .R£.4.. .~/{g~'1
APPROVED FOR INCLUSION IN COUNOL PACKET: &f)
(BELOW TO BE COMPLETED BY CIIT CLERK'S OFFICE)
COUNCIL ACfION:
_APPROVED
DENIED
- T ABLEDfDEFERRED/NO ACfION
COUNOL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
Item 5B
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE
Date:
From:
February 17, 1998
Jon Jainga, Park Planning and Development Managerp
Final Acceptance Mark Twain Field Improvement 97-111
Subject:
Backa=round:
On August 1, 1995, the Federal Way City Council approved the 1995 CDBG reallocation of Harry
S. Truman High School ballfield project to the Mark Twain Field Improvement project. This
approved $144,348 from the CDBG reallocation. Buckley Nursery was the lowest responsible,
responsive contractor and was awarded the bid for $134,294.20.
Buckley Nursery's scope of work included installing an underground irrigation system, retaining wall,
new subsurface soil mix, and coordinated the installation of sod through community volunteers. The
project also improved the accessibility to the field.
The project is complete and within budget. The final project amount is 134,294.20 and is under the
budgeted amount of 144,348. The project was accepted on February 13, 1998.
Committee Recommendation:
Motion to approve acceptance of the construction contract with Buckley Nursery for the Mark Twain
ballfield renovation project.
APPROVAL .OFCOMMITTEEREPORT:
~~
..... mittee Member
Committee Member
G:\CLERK\CMTE.REC 3/11/96
MEETING DATE: March 3,1998
ITEM# ~ )
"""""""""""""""""""""""""""'"""""""""""""""""""""""""""""""""""""'.""""""""""""""""""""""""""""'"............................................"........
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: 1998 Youth Commission Work Plan
""""""""""""""""""""""""""""""""""""""""""""""""""""""""""'."'""""'.""""""'.""""""""""""""""""""""""""""............................."............
CATEGORY:
BUDGET IMPACT:
X CONSENT
ORDINANCE
_BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
_STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
""""""""""""""""""""""""""'"""""""""""""""""""""""""""""'""""""""".""""""""""""""""""""""""""""""'""""""""'."""""""""""""""""
ATTACHMENTS: Parks, Recreation, Hwnan Services and Public Safety Council Committee action form dated February
17. 1998.
"""""""""""""""""""""""""""""""""""""""""""""""""""""""""".............................................................................................................................,..
SUMMARYIBACKGROUND:. The Youth Commission approved their work plan at their February 12 meeting. Theplan
includes the following projects: Youth Forum; Federal Way High School mural; used book drive; Youth Recognition Night; Battle of
the Bands' and lay'out/desiPTl of the web Pa¡re(s\
.....................?........... ...............>T..-..................... ...><..~.I............................................................""""""""""""""""""""""""""""""""""""""""""""""""
CITY COUNCIL COMMITTEE RECOMMENDATION: On February 23, 1998, the Parks, Recreation, Human
Services and Public Safety Council Committee passed a motion to approve the 1998 Youth Commission work plan and
...f ~~.~T~.!!?. ~~.~. ç!? ~~!~..f <?~.. ~P.P ~~~.~!:....................................... ................., ..................,... """"'" ................".......... """"""" ...........
""""""."""""'"
OTY MANAGER RECOMMENDATION: ~~ 1'1'1 "I ~ (,~v.~.,;", ~ 'Mti );',:.~:ð ~" 7¡¡~"Xú.,.
""""""""""""""""""""""""""'""""""""""""""""""""""""'."""""'"...............................................................................~...........~.........!-;l.........
APPROVED FOR INCLUSION IN COUNOL PACKET: é!JJÞ-.I
(BELOW TO BE COMPLETED BY CIIT CLERK'S OFFICE)
COUNCIL ACTION:
_APPROVED
DENIED
- T ABLEDIDEFERREDfNO ACfION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
Item SF
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE
Date:
From:
Subject:
February 17, 1998
Kurt Reuter, Athletics and Specialized Services Manage$"
Parks, Recreation and Cultural Services Department ;.
1998 Youth Commission Work Plan
Background:
The City of Federal Way Youth Commission approved this proposed work plan for 1998 at their
February 12 meeting. It is submitted for Committee approval. The plan includes the following
projects:
1.
2.
3.
4.
5.
6.
Youth Forum
Federal Way High School Mural
Used Book Drive
Youth Recognition Night
Battle of the Bands (held the Friday night before Family Fest)
Web Page(s) layout!design
Committee Recommendation:
1.
Approve the 1998 work plan as proposed by the Commission and forward to full Council for
approval on March 2, 1998.
OVAL OF COMMI'ITEE REPORT:
. .~
- .
",--' .,:-----..- ,'-"'~_..-
- mmittee Memb
Committee Member
MEETING DATE: March 3, 1998
ITEM# 12= Ch)
""""""""""""""""""""""""""""""""""""""""""""""""""""""".....................................................................................................................................
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: 1998 Parks and Recreation Commission Work Plan
.....................................................................................................................""""""'.""".'."""""""'."""""""""""""""""""""""""""""""""'.""""""""""
CATEGORY:
BUDGET IMPACT:
X CONSENT
ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
.............................,.....................................................................................................""""""""""""""""""""""""""""""""""""""""""""........................
.
A TTACHMENTS: Parks, Recreation, Hwnan Services and Public Safety Council Committee action form dated February
......................................................~.~.~..~.?~~:....................................................................................................................................
..........................................
SUMMARYIBACKGROUND:. At the Parks and Recreation Commission February 5,1998 meeting, amotion was made to
approve the following 1998 work plan:
Celebration Park
Skate Park
Wedgewood Neighborhood Park
Off-Leash Park
The off-leash park work item was included in the plan to replace the Adopt-a-Park program, which was completed and fOlwarded to
staff.
.......................................................................................................................................................................................................
.............................................
CITY COUNCIL COMMITTEE RECOMMENDATION: On February 23, 1998, the Parks, Recreation, Human
Services and Public Safety Council Committee passed a motion to approve the Parks and Recreation Commission's
...~~~.i.~.<?~..~.~.~~..~~~J.<..P.~~:...................................................................................""""""""""""""""""""""""""""""""""""'"....................................
... f; ;~~ ;~~~~ ~~. ~~~~ ~~~ ~~~~!~~~~. ~~~.~~~=:..~~. ~~. ~ :~..=~. Jæ4~~ ð ~~~.~~. ~~~.~~~~......
APPROVED FOR INCLUSION IN COUNCIL PACKET:
(fffJ
(BELOW TO BE COMPLETED BY CIIT CLERK'S OFFICE)
COUNCIL ACfION:
APPROVED
DENIED
T ABLEDIDEFERRED/NO ACfION
COUNOL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
Item 5H
CITY OF FEDERAL WAY
CITY CO UN CIL
PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE
Date:
February 12, 1998
David Wilbrecht, Deputy Director rff
Parks, Recreation and Cultural Se..J¡ces Department
From:
Subject:
1998 Work Plan
Background:
A group of citizens approached the Park and Recreation Commission last February 1997, requesting
an off-leash dog park. During the meeting the Commission approved a motion to request the Council
to include the item in the Commission's 1997 work plan. The Commission also asked the group to
collect additional information to better understand the request.
During the April Parks and Recreation Committee meeting, committee members reviewed the off-
leash dog park request as an information item from the Parks Commission. During the June Parks
and Recreation Council Committee, the committee reviewed the Commission's work plan and revised
the work to included the following items: Celebration Park, Adopt-a-Park and Skate Park. The
Committee indicated the off-leash dog park would be added to the Commission's work plan when
another item of the Commission work plan was completed.
The Commission has completed the Adopt-a-Park information and will forward their final draft to
Council in March. At the Commission's February 1998 meeting, the off-leash dog park group
presented information about other off leash parks in the region, and requested the Commission
include the work in their work plan. The Commission reviewed the request relative to other work
plan items and moved to recommend to the Parks, Recreation, Human Services and Public Safety
Council Committee that the 1998 work plan be restructured to include the following work areas. The
first is Celebration Park. This work includes policy and procedures and funding activities. The
second is citizen oversight for three projects: skate park, Wedgewood Neighborhood Park and off-
leash park.
Committee Recommendation:
1.
Approve the revised 1998 work plan as proposed by the Commission and forward to full
Council for approval on March 2, 1998.
Approve the 1998 work plan as amended by the Committee and forward to full Council for
approval on March 2, 1998.
2
APPROVAL OF COMMITTEE REPORT: Option No,-L-
.'
C
Committee Member
MEETING DATE: March 3,1998
ITEM#
~. V<-J
........................................................................................................................................................................................"..............
............................................
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
....~ Y.~~. ç.!.;... .. . .~.~ ~ .~~ . ~ f..~ ~ ~.! ~ ~.~..!.l.!g ~~ . ~ f. .~~Y.. !::~~~~ ~~.~ ~~~~~~~~~.. çl!. ~~~~~........ ... ........ . ................. ................
CATEGORY:
BUDGET IMPACT:
CONSENT
_ORDINANCE
_X BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
.............................................................................................."""""""",.""""""",..."""",.""""""""",.""""",.""."""""",..................................................
....
ATTACHMENTS: October 13, 1997 memorandum to the Land Use and Transportation Committee
....................... .............. ............ ....~ ~.Y.~.~~.~~.~.! }.~.~? q~. ç~.~.~~.~..~g~!:l.~~)~......................... .................. ............. ...........................
.............
SUMMARYIBACKGROUND: On February 17, 1998 the following bids were received for the 1998 Right
of Way Landscape Maintenance Contract:
Myers Master Lawn Care
Whirlwind Services, Inc.
Engineer's Estimate
$ 99,892.30
$109,673.32
$ 95,000.00
The proposal from the low bidder, Myers Master Lawn Care, includes $91,204.30 for the base landscaping
services on identified major arterials and $8,688.00 for additional landscaping services for arterial streets not
specifically indentified in the contract. The available 1998 budget for this contract is $95,000.00. To be within
budget, the additional hours in the contract for work on streets other than the major arterials identified in the
bid document has been reduced ftom 400 hours to 155 hours per year.
At the November 5, 1997 meeting, the City Council approved authorizing staff to bid the 1998 Right of Way
Landscape Maintenance Contract, and present bid results and recommendation directly to the City Council for
award. Staff recommends awarding the project to the low bidder, Myers Master Lawn Care, in the amount of
$91,204.30 for base services, and approving Staff to authorize additional work up to the budgeted amount of
...~.~?!.qQg.:......................................................................................................................................................................"""""""",,"""""""""
""""""""'".
CITY COUNCIL COMMITTEE RECOMMENDATION: Award the 1998 Right of Way Landscape
Maintenance Contract to the low bidder, Myers Master Lawn Care, in the amount of$91,204.30, approving
$3,795.70 for additional work to be determined by Staff, for a total amount of$95,000, and authorize the City
.. .~.é!i.~.é!i.g~~..!?..~~~~.~.~~.. ~.~~.~g.~~~~~~:..................... ....... ......... ................ ... ... ... ........... .................. ............ ....... .................
........... ............ ....... ......... ...
CITY MANAGER RECOMMENDATION: ~-v-c ~";;:i\fT'C(- ¿~-1 (u.u~v~' n/) ¡;;;'Y\'v~~:.¿zû.? ì--e(CYW~c'-~(
.............................................................................................................................................................::.................................~'...ð.
.~«..............
APPROVED FOR INCLUSION IN COUNCIL PACKET: ~/
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
pw K:\COUNCll..\AGDBII.LS\1998\LANDA WO. WPD
~
c.
. '
DATE:
October 13, 1997
TO:
Phil Watkins, Chair
Land U selTransportation Committee
~r
FROM:
Ken Miller, Street Systems Manager
SUBJECT:
1998 Right of Way Landscape Maintenance Contract
Background
Upon incorporation, the City's Public Works Department contracted with King County for
landscape maintenance services. In 1993, the Parks Department contracted with a private
contractor for right of way landscape maintenance services and in late 1993, the Public Works
Department assumed management of the contract. In 1994, Vadis Northwest was the low bidder
for the work and the contract term was extended for one year through 1995. In 1996, Myer's
Master Lawncare was low bidder and the contract was extended through 1997. The contract for
right of way landscape maintenance pertains to maintenance of arterial streets only, and includes
So 312th Street, So 320th Street, So 288th Street, So 348th Street, So 336th Street, SW 320th
Street, 21st Ave SW, 1st Ave So, 1st Way So, and Library Lane (see attached map).
Action
Based upon the work perfonned under the previous contracts, staff is recommending revising the
scope of work and rebidding the contract. The revisions include adjusting the frequency of
mowing seasonally in certain locations, and increasing the limits of So 348th Street that are
maintained to include the median/landscape strip next to the truck stop.
We anticipate bidding the contract in January, 1998 and bringing the results to Council in
February for award.
Recommendation
Staff recommends forwarding the following to the November 4, 1997 City Council meeting on
the consent agenda:
1)
Authorize City staff to publicly bid the 1998 Right of Way Landscape Maintenance
Contract;
If bids received are within budget, present results directly to the City Council for award.
2)
KM:jg
attacluncnt
k:\lutc\981andsc.mcm
- -- --- ....- ......----..- ....- _...- -...- _....----- .........- ...... -..- -.---- -..- -..- -...-..- -..-.---------- -- -..-----.- -- ---.----.-- -- --- --.. -.- -'- .---- -- -....
-- ..
I . (j------ t
-
1 998 LANDSCAPE
MAINTENANCE CONTRACT
~
~.
PROPOSCD COHJ'IUC7"
JI'A/HTUHCD ST/M'Cl'S
----$ 288TH $T -- JOTH AI-!" S TO SR 99
----S 312TH ST - SR 99 TO 1ST AVf' S
----1ST A I-!" S - S .J50TH ST TO S 312TH ST
----S 3JôTH ST - SR 99 TO 1ST A Vf' S
----21ST AI-!" SW" SW 35ôTH TO SW 312TH ST
----SW 32OTH ST.. SR 99 TO 47TH AI-!" SW
----$ 348TH ST - SR 99 TO HOYT RO
----SW 342NO ST (LIBRARY LN) .. MEDIAN
----SW.J$6TH ST - 1ST AI-!" S TO 21ST AI-!" SW
~
SEATTLE
PUCET
SOUND
/~
PU YALL UP
TACOAIA
\
"
MEETING DATE: November 5, 1997
ITEM#
/'/
(
,."'..'..'..""'...'-"""."""""'.'..""'..'.'.".""'.".""""""".'.'."'.'.""..........-..",.............--"'.".""_.'."~ï.".".~"'- - ............................................ .
I .
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
I
SUBJECT: 1998 Right of Way úuulscape Maintenance Contract /'/
-.. ....... ... .... ..-... ....... .......-- ....... ......, ....... .n..... ...". ....... ........ .,.... .-..... .----.. ..--.-...... . ..... """"'.'.""""".."" .".. ...,,",......
..... ...............
/'
CATEGORY: BUDGET CT: //
"'--..--,"'--'
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
X CONSENT
ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
0 THER
..., ".'."."'.".""" .............. .'.'.'..'."'. .............. ....... .............. ....... .............. ....... ..'.".".'.""'.-.-"""'.-"'m ."" ".""'.'.'.'.'.'..'.".'" ..... .....
............ ...... ..... ..... '.'..
ATTACHMENTS: Memorandum to the October 20, 1997 meeting of the Land Use and Transportation
Committee and project location map
. . ." ..... ... ..... ....m...... ...... ".,."".."" .... ....,..... ..... ....................... .-.............. ... ""-",,,. .......... .,...... ........ ....,..................
................. ..,.................. ... ................
SUMMARY/BACKGROUND: Staff recommends revising the scope of work and rebidding the
landscape maintenance contract for 1998. Revisions include adjusting thç. frequency of mowing and
associated work seasonally in certain areas, and increasing the limits forÿaintenance on South 348th
... ~. ~ ~ ~.. ~ ~. . ~ ~ ~ ~ ~:.. ~~. . ~ ~.~ ~ ~ .. ~ ~ ~.~... ~.~ P... ~ ~~! ..~~..~ ~. !~:~...~.~ ~ p. :.......... ......... ... ...... .. ... .. . . ... ., " . . ... . . . . ..
... .. ... . ......... . . on .
CITY COUNCIL COMMITTEE RECOMMENDATION: At its October 20, 1997 meeting, the
Land Use and Transportation Committee approved forwarding the following staff recommendations to
the November 5, 1997 City Council:
1. Authorizing staff to publicly bid the 1998 Right of Way Landscape Maintenance contract;
2. If the bids received are within budget, present results directly to the City Council for award.
. "~.~"~¡G~"~CÕ~¡;;Õ~~."".;~~.~:.~~~"'~~'~::~::':¡¡.'L~"'~~..Z.~."7(.' '::::l:'~'~~'.'~" .,........... "" ...
................ ......,. ....... . ........., ................ ..,.......... ......... ........ .... ......,............ ......,.... ..... ...... ..... '_m ........ ....".............
..l~it .d. ~.... ........ ........
APPROVED FOR INCLUSION IN COUNCIL PACKET: (/ìjt
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
D ENIED
T ABLEDIDEFERREDINO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #)
k: \couoc iI\ac db ilia \ 9 81andac . cc
MEETING DATE: March 3,1998
ITEM# ~ {l-J
...............................................................,............................................"""""""""""""""""""""""""""""'".................................................,..........
...............
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT:
DISTRICT COURT DISTRICTING COMMITTEE
.......................................................................................................................................................................................................
.............................................
CATEGORY:
BUDGET IMPACT:
CONSENT
_ORDINANCE
_X_BUSINESS
HEARING
FYI
_RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
.............................................................................................................................................".........................................................
............................................
A TTACHMENTS: Memo from Deputy City Manager Keightley to Mayor Gintz dated February
20, 1998, with attachments.
"""""""""""""""""""""""""""............................................................................................................................................................................
..................
SUMMARYIBACKGROUND: The King County Council recently passed Motion 10402 calling for the convening of the
district court districting committee. They have requested Mayor Gintz name a representative for membership. Mayor
Gintz has selected and will appoint the Honorable Robert Stead, Federal Way District Court Judge, to serve as the city's
representative on the districting committee.
.......................................................................................................................................................................................................
...................,......................,..
CITY COUNCIL COMMITTEE RECOMMENDATION: nJa
......................................................................................................................,................................................................................
.............................................
~~==;~~~:~ :::: =~~~: ~ :~~:~i:t ~: :~:: ::::~ð¡¡::::::~~: ~: :¡:r;:ngm
APPROVED FOR INCLUSION IN COUNCIL PACKET:
my
(BELOW TO BE COlvfPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
T ABLED/DEFERRED/NO ACTION
COUNCIL BILL #
1 st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
DATE:
20 February 1998
TO:
Mayor Ron Gintz
Philip D. Keightley, Deputy City ManagerJ];tv
FROM
SUBJECT:
District Court Districting Committee
I spoke to Judge Stead, as you requested, to ask as to whether he would be willing to fli1 the
position you are requested by King County to appoint to the District Court Districting Committee,
which is to consider adjustments to the county's electoral precincts boundaries. He said he would
be happy to serve on the committee on behalf of the City. You can make the appointment at the
March 3, 1998 City Council meeting. The committee's fIrst meeting is March 5.
Attachments
c:
Judge Stead
City Manager
City Clerk
City Attorney
."
RECEIVED
FEB 1 7 1998
CITY CLERKS OFFIC
CITY OF FEDERAL WJ
LARRY GOSSETT
Metropolitan King County Council
District Ten
February 13,1998
Mayor Ron Gintz
City of Federal Way
33530 First Way S.
Federal WdY, WA 98003-6210
Dear Mayor Gintz:
The King County Council recently passed Motion 10402, calling for the convening of the district
court districting committee, for the purpose of amending the districting plan to adjust the King
County district court electoral district boundaries, pursuant to the Revised Code of Washington,
Chapter 3.38. Please find enclosed a copy of Motion 10402.
The districting plan contains the boundaries of each electoral district of district court. These
electoral districts consist of county voting precincts, which will be adjusted in the spring of this
year. The districting plan must be amended to reflect the proposed electoral precinct boundary
adjustments and provide that no city is located in more than one electoral district of district court.
The districting committee must approve amendments to the districting plan and submit such
al11endl11enb to the Council for adoption.
. I respectfully request that pursuant to state law, you as the Mayor of the City of Federal Way, name
a representative for membership in the districting committee. The committee will meet, to amend
the districting plan to adjust the district court electoral district boundaries, on Thursday, March 5,
1998 at 3 :30 in the Southwest Conference Room on the 12th floor of the King County Courthouse.
Please find enclosed the agenda for this meeting.
Thank you for your assistance. If you have any questions, please feel free to contact me or Nina
Rivkin, Council staff, at 296-1713.
Sincerely,
~2t~~1r
Law, Justice and Human Services Committee
Enclosures
e~~
~¥'
Room 1200, King County Courthouse. 516 Third Avenue, Seattle, WA 98104-3272
(206)296-1010 FAX (206)296-0198 TTYfTOO (206)296-1024
Internet: larry.gossettCå metrokc.gov
~
@
/
January 28, 1998
Dt. Ct. Oistricting Comm. (NR)
clerk 1/29/98
JANE HAGUE
Introduced by: Larry Gossett
Proposed No.: 98-074
1
2
3
4
5
6
7
8
MOTION NO. 10 40;2
A MOTION calling for the meeting of the district court
districting committee for the purpose of amending the
districting plan to adjust the King County district court
electoral district boundaries. .
WHEREAS, the district court districting plan contains the boundaries of each electoral
9
district of district court, pursuant to state law, and
10
WHEREAS, state law also provides that a city sh~l not lie in more than one electoral
11
district, and
12
WHEREAS, the boundaries of each electoral district of district court consist of county
13
voting precincts, and
14
WHEREAS, proposed revisions to the county voting precincts shall be submitted to
15
the council for approval no later than May 1 st, and
16
WHEREAS, the records and elections division shall submit to the council concurrently
17
with any proposed revisions to voting precincts,. proposed revisions to the King County
18
district court electoral district boundaries which result from the proposed voting precinct
19
revisions, and
20
WHEREAS, the districting plan, containing the boundaries of each electoral district of
21
district court, must be amended to reflect the electoral district boundary adjustments and
22
provide that no city is located within more than one electoral district of district court, and
23
WHEREAS, state law provides that the district court districting committee may meet
,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19 ATTEST:
20
21
22
23
24
25
26
27
~O402~
for the purpose of amending the districting plan at any time on call of the county legislative
authority; I
NOW, THEREFORE, BE IT MOVED by the Council of King County:
The district courtdistricting committee is hereby called to meet for the purpose of
amending the districting plan to adjust the King County district court electoral district
boundaries which result from proposed voting precinct revisions and which provide that no
city is located in more than one electoral district of district court.
~
PASSED by a vote of ~ to 2- this q -t¿vday ofcÇ.-t" b/f {¡¡fit. y, 1998.
KING COUNTY COUNCIL
KING COUNTY, WASHINGTON
~
Clerk of the Council
Attachments:
2
DISTRICT COURT DISTRICTING COMMITTEE MEETING
Thursday, March 5,1998 - 3:30 p.m.
King County Council Chambers
AGENDA
I. Call to Order
2. Introduction and Election of Chair (Larry Gossett, Metropolitan KingCounty
Council)
3. Electoral District Boundary Changes (Bob Bruce, Superintendent of Elections, and
Harry Sanders, Geographic Infonnation Supervisor - King County Department of
Records and Elections)