AG 94-210 - CHASE, WILLIAM AND JEANETTE19� 9 �/- a 16
CHASE CONCOMITANT PRE- ANNEXATION ZONING AGREEMENT
THIS AGREEMENT, made and entered into this 23rd day of
August , 1994, by and between WILLIAM J. CHASE and
JEANETTE CHASE, husband and wife, and the WILLIAM J. CHASE and
JEANETTE CHASE LIVING TRUST ( "Chase "), and the CITY OF FEDERAL
WAY, a municipal corporation organized and existing under the
Optional Municipal Code and other laws of the State of
Washington ( "the City ").
RECITALS
A. Chase owns certain real property located in
unincorporated King County, Washington. This property is
legally described on Exhibit A, attached hereto and incorporated
herein by this reference, and will be referred to as the "Chase
Property" herein. '
B. 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 Chase
Property as within King County's Urban Growth Area, and both
parties have previously agreed that the Chase Property_ is within
-the potential annexation area of Federal Way. The Chase
Property is currently zoned "SR" and planned as "Manufacturing
Park" by King County.
C. The Chase Property is included in an Annexation
Petition submitted by the Weyerhaeuser Company on the 20th day
of April 1994. Included in the Annexation Petition is proposed
zoning for the annexation property, including the Chase
- 1 - ORIGINAL
Property. The proposed zoning for the Chase Property is Office
Park -3 (OP -3).
D. Chase supports the annexation of the Property into the
City; however, Chase seeks certainty as to the Comprehensive
Plan designation and zoning which would be applicable to the
Property should it be annexed into the City.
E. The City is interested in annexing the Chase 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 annexation of the Chase Property.
F. Chase and the City wish to establish zoning,
development standards, and procedures which would apply to
development of the Chase Property should it be annexed into the
City. The City has determined that proposed development
regulations as set forth herein are authorized by RCW
35A.14.330, and general City power including Article III,
Chapter 19 of the Federal Way Code ("FWC"), and are reasonably
necessary for the protection of health, safety, morals and
general welfare. The proposed development regulations would
provide incentives for attracting business that would enhance
the City's tax base while maintaining the quality of the area.
G. The City has reviewed an environmental checklist in
connection with the proposed Pre - Annexation Agreement,
Comprehensive Plan and zoning designations, as well as the
potential future annexation action. In compliance with the
- 2 -
State Environmental Policy Act ( "SEPA ") and the City of Federal
Way SEPA procedures, the City has made a threshold determination
that a Declaration of Non - Significance is appropriate in
connection with the actions contemplated by this Agreement.
This determination constitutes adequate compliance with SEPA in M �-
connection with adoption of pre - annexation zoning, and future
annexation actions. Future development actions shall be subject
to their own SEPA review.
NOW, THEREFORE, in consideration of the agreements
contained herein, as well as other valuable consideration,
receipt of which is hereby acknowledged, the parties hereby
agree as follows:
AGREEMENTS
1. Petition for Annexation. The parties understand that
Weyerhaeuser has filed a Petition for Annexation with the City
conditioned on obtaining pre- annexation zoning acceptable to
Weyerhaeuser and the City. The parties agree that no Notice of
Intent to annex may be filed with the Boundary Review Board
until this Pre - Annexation Zoning Agreement has been fully
executed by the parties and the City has adopted the pre -
annexation zoning, set forth in paragraph 3 herein, by
ordinance. The parties further understand that in the event
pre- annexation zoning acceptable to Weyerhaeuser is not approved
by the City, then Weyerhaeuser may withdraw its Petition for
Annexation.
- 3 -
2. City Processing of Annexation Petition. Following
execution of this Pre - Annexation Zoning Agreement, the City
agrees to submit expeditiously to the Washington State Boundary
Review Board of King County ("BRB") a notice of intent to annex
the Property included in the Weyerhaeuser annexation. r 4-
3. Zoning Established. 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 Chase Property
subject to the attached Zoning Designation Map incorporated
hereto as Exhibit B.
3.1. The Chase Property, designated as "Office Park -3
(OP -3)" Zone shall be subject to the development provisions and
development standards attached hereto and incorporated as
Exhibit C.
4. Comprehensive Plan Designation.
4.1 The
Property, the City
classification for
Comprehensive Plan
19- 101(a)(2), the
Comprehensive Plan
RCW 35A.13.180 but
Comprehensive Plan
City agrees that upon annexation of the
Council shall lawfully establish an interim
the Property on the City official
map. Pursuant to the FWC Section
area annexed to the City shall retain the
map classification of King County pursuant to
shall be reviewed pursuant to the Federal Way
policies; provided however, to the extent ,
- 4 -
Federal Way policies impose development standards conflicting
with this Agreement, this Agreement shall control.
4.2 Pursuant to Section 19- 101(b) of the FWC, the
City agrees that within 12 months of the effective date of the
annexation, a Comprehensive Plan designation for the annexation r
property, including the Chase Property, which is compatible with
the zoning agreed to in Section 3 of this Agreement shall be
adopted by the City.
5. Growth Management Legislation.
5.1. Urban Growth Area. The City acknowledges that
the Property is currently characterized by urban growth, is
planned for additional urban growth, and is adjacent to
territory currently characterized by urban growth. It will be
included in any future urban growth boundary and potential
annexation boundary established by the City.
5.2. Urban Services. 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. Assumption of Indebtedness. The City acknowledges
that it has no outstanding bonded indebtedness. Chase
acknowledges that the Chase Property will assume a prorata share
of any future City indebtedness.
- 5 -
7. Processing of Land Use Applications.
7.1. The City shall process the land use applications
and SEPA checklists for any future development on the Chase
Property ( "Land Use Applications ") as follows:
a. The City agrees to process Land Use r --
Applications expeditiously, in accordance with the
requirements of those state and city laws and
ordinances that would apply to other Land Use
Applications in the City.
b. The City shall use its best efforts to give
any notices required by the City's zoning and SEPA
ordinances in a timely manner, including notices to
advise if its applications are complete, and, if not,
in what respects such land use application is
deficient. The City shall use its best efforts to
give such notice regarding each land use application
expeditiously after its filing with the City.
C. The'City shall use its best efforts to
comply with the 15 -day recommended period for
completion of any threshold determination process
pursuant to the SEPA Rules, WAC 197 -11- 310(3), and FWC
Section 18 -72.
8. Effective Date. This Agreement shall become effective
upon the effective date of a City Ordinance approving this
Agreement.
s�
9. Term of Agreement. This Agreement shall remain in
full force and effect until terminated by mutual agreement of
the parties.
10. Enforcement. Venue and jurisdiction to enforce all
obligations under this Agreement shall lie in the King County
Superior Court, unless the parties agree to mediation or binding
arbitration. The obligations of the parties hereunder do not
have an adequate remedy by way of an action for damages and may
be enforced by an action for a specific performance.
11. Attorneys' Fees and Costs. In the event either party
commences proceedings in King County Superior Court to enforce
this Agreement, the prevailing party shall be entitled to an
award of attorneys, fees and actual costs and disbursements,
including expert witness fees, reasonably incurred or may in
such proceedings, including appellant proceedings. In the event
the matter is resolved in mediation or binding arbitration, each
party shall be responsible for its own fees.
12. Governing Law. This Agreement is entered into under
the laws of the State of Washington, and the parties intend that
Washington law shall apply to the interpretation hereof.
13. Amendment. This Agreement and attached exhibits may
be modified only by written instrument duly executed by both
parties. In the case of a major modification to the land use
provisions located in the exhibits to this Agreement, the City's
Process II procedures shall be utilized. In all other cases,
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the City Manager may authorize modification on behalf of the
City.
14. Bindin Effect. This'Agreement shall run with the
land and shall be binding upon and inure to the benefits of, the
current owners and their respective heirs, successors and ..
assigns.
Executed the day and year first above written.
CITY OF FEDERAL WAY WILLIAM J. CHASE
:2 C r
Cit Clerk
Approved as to form:
`Cly L(i {
'City Attorney
3 2 3 1 5 7
:Mr*.=
WILLIAM J. CHASE and JEANETTE
CHASE LIVING TRUST
�Z �ie
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this a,o A e -day of S-e *nG2r, 1994, before me, the
undersigned, a Notary Public in and for the State of Washington,
duly commissioned and sworn, personally appeared 66mr —A E Afqhe
to me known to be L.2�4 '2 n ' E C of the City of Federal Way, r -_
the corporation that eXbcuted he foregoing instrument, and
acknowledged the said instrument to be the free and voluntary
act and deed of said corporation for the uses and purposes -
therein mentioned, and on oath stated that was authorized
to execute said instrument.
WITNESS MY HAND AND OFFICIAL
and year first abavjw%wr"► &en.
Aw
ow
-CL AV
ltotk4w. 91b
STATE OF WASHINGTON
ss.
COUNTY OF KING
SEAL hereto affixed the day
Namei
NOTARY PUBLIC in and for the
State of Washington, residing
at --Py&A- Wet--q-
My commission exl'ires /.
On this day personally appeared before me William J. Chase,
to me known to be the individual described in and who executed
the within and foregoing instrument, and acknowledged that he
signed the same as his free and voluntary act and deed, for the
uses and purposes therein mentioned.
323157
IVEN UNDER MY HAND AND OFFICIAL SEAL this �41 day of
1994.
m �'o NOTARY
Puauc a
Ln
OF
n and for the
gton, residing
ssion expires: -7
EXHIBIT A
Legal Description
ESM inc.
A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM
East Campus
Job No. 191 -41- 930 -002
June 20, 1994
LEGAL DESCRIPTION FOR
PROPOSED "OP -3" ZONING
That portion of the northwest quarter of Section 22,
Township 21 North, Range 4 East, W.M., King County,
Washington, more particularly described as follows:
The westerly 7 /12ths of the following:
The south 920 feet of the southwest quarter of the northwest
quarter lying southeasterly of SR -18; EXCEPT the west 700
feet; AND EXCEPT county road.
See attached Exhibit "N ".
Written by: C.A.G.
Checked by: R.J.W.
1914117
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1 Ave. ( Bldg. ie 3tt998003 Federal Way (206) 838 - 613 - laor a 20(27- 0619 - Seal(2206) 625 Fax: (206) 838 -7104
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EXHIBIT B
Zoning Designations Map
S. 320TH ST. PROPOSED WEYERHAEUSER' ANNEXATION
R EXHIBIT B
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H (o -1) ZONING DESIGNATIONS
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EXHIBIT C
Office Park Zone (OP -3)
EXHIBIT C
Office Park Zone (OP -3)
section I. Purpose and Objectives.
This Office Park Zone (OP -3) is established to facilitate
the development of office parks that would develop compatibly
with the adjacent Corporate Park Zone, consistent with the
following objectives:
A. To encourage development of a wide variety of business
uses that are compatible with adjacent uses and the uses allowed
in the Corporate Park Zone.
B. To allow a core of retail uses within the Business
Park in a manner that takes advantage of the Zone's proximity to
the freeway system.
C. To ensure that development by the present and any
future owners is governed in appropriate development standards
to protect the public's general health and welfare.
section II. Applicability.
A. The provisions of this section will apply to all lands
designated as Office Park (OP -3) Zone on Exhibit B, which.shall
be subject to its own unique standards and review processes as
set forth herein. If the provisions relating specifically to
the OP -3 Zone conflict with other provisions of City codes, the
OP -3 Zone provisions shall prevail. After the date of the
attached Agreement, any change in City codes referenced in this
Agreement shall not be deemed to modify this Zone unless as
approved hereinafter.
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B. Reference herein to the "FWC" shall refer to Chapters
18, 20, 21 and 22 (Supplement 3 as now existing or as hereafter
may be modified or amended) 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. --
Section III. Uses Permitted.
A. The following principal uses are permitted outright,
subject to the provisions of Section 22 -361 through -369 (Site
Plan Review) of the FWC:
1. Of f ices
2. Medical facilities, clinics
3. Research, development and testing
4. Production and light assembly of goods, subject
to process II review, Chapter 22 of the FWC, when
such facility is within 200 feet of a single-
family zone
5.
Conference center
6.
Public transit shelter
7.
Government facility
8.
Parks
9.
Churches
10.
School facilities
B. Any other uses permitted by the BN, OP or MP Zones of
the FWC shall be allowed subject to the development standards
and review procedures of Section III.D. of this Agreement.
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C. Accessory 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 40 percent of the permitted use
2. Outdoor activities and storages, subject to
Section 22 -1111 through -1113 (Outdoor Activities
and Storage) of the FWC
3. Day care
4. Any other use determined by the Director to be
compatible with the above accessory or permitted
uses pursuant to Section 22 -946 of the FWC.
D. General Development Standards. For retail uses, the
development standards of the BN Zone shall apply. For other
uses, except as modified by this zone, the development standards
shall conform with those identified by the corresponding use in
the BN, OP or MP Zones, as appropriate. In the event a specific
use is permitted in more than one referenced zone, those
development standards identified for the specific use in the
first zone where the use is allowed, shall apply to this OP -3
Zone. For all uses, including development standard
modifications and site plan review, Article V, Chapter 22, of
the FWC shall apply instead of any other process otherwise
required by the BN, OP, or MP Use Zone Charts, inclusive of
special regulations and notes specific to the design standards
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of the FWC. Provisions of the FWC relating to lot coverage,
facade measurement, modulation; parking between structures and
streets other than those specified herein, shall not apply to
this zone. No minimum lot size shall apply for non - residential
uses. Building height increases greater than 35 feet shall
-- -
apply whether or not the OP -3 designated property adjoins a
low- density zone.
Section IV. New Development South of SR -18.
A. New development south of SR -18 shall comply with the
following special provisions:
1. Whenever two or more individuals combine their
properties in one office park development, one spokesperson
shall be selected to represent the owners and successors
during the process of obtaining approval for the site's
development or while developing the property after any
approval.
2. Office parks may be developed in phases. An
estimated time period for completion of all phases shall be
provided by the developer or developers' representative
when the City first,reviews the entire proposal.
Initiation of new phases may be prohibited until conditions
imposed on previous phases have been met. Any deviations
from the original development shall require the City's
approval.
3. Only the following uses shall be allowed in
office park developments south of SR -18:
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Business and professional offices;
Corporate headquarters and research
facilities;
Public office buildings, art galleries,
museums, churches, and libraries; r a_
Assembling of articles allowed only from
previously prepared materials such as bone,
canvas, cellophane, cork, fibre, felt, fur,
feathers, glass, leather, microchips, paper,
metal, stone, wood, yarn, plastics, and
shell;
Retailing associated with the assembly
activities, limited to "show rooms"
displaying products made on site. The show
room must be attached to the assembly plant;
- Short -term storage of materials about to be
assembled and of assembled articles;
- Retail sales and consumer services catering
primarily to employees of office park
developments;
- Accessory uses as provided for in
Section III.C. of this zone;
Any other use determined by the Director to
be compatible with the above permitted uses.
4. All uses shall be conducted only inside an
entirely enclosed building.
5. The total permitted lot coverage in an office
park development shall not exceed 60% for impervious
surfaces occupied by buildings and parking lots. The
remaining portion of the site shall be devoted to open
space, landscaping and pedestrian- oriented uses. (Where r _
possible incorporate existing vegetation into the
landscaping plan.)
6. Pedestrian and bicycle pathways shall be major
features in office park developments. Buildings and
structures in an office park development should be linked
to pedestrian and bicycle pathways separate from the
internal road system. Where possible, the pedestrian and
bicycle pathways shall connect to off -site systems.
7. Only the types of business signs allowed in the
City's BN Zone are allowed in office park developments.
8. Access points to surrounding arterial streets
shall be designed and developed to minimize traffic
congestion and potentially hazardous turning movements. An
internal circulation plan shall be developed to assure
smooth traffic flow in and between developments. The
access and internal circulation plan must be acceptable to
the City.
9. Parking locations should be inside buildings or
hidden from the street by landscaping and berms.
10. Retain the existing character of the area in the
architectural treatment of buildings and grounds.
NCU
11. Site preparation should be done in such a manner
as to minimize destruction of the natural vegetation and
existing trees. Site grading should be performed only in
those areas being developed.
12. There shall be no direct lighting past the t-
property line.
feet.
13. The height limitation for buildings shall be 60
14. Any development will have traffic impacts on
surrounding streets and intersections. Prior to
development approval, impacts and appropriate solutions
must be identified. Those solutions shall be made
conditions of development approval.
15. Additional conditions may be imposed as
mitigating measures on office park developments during the
environmental review and site plan review process.
section V. Environmentally Sensitive Areas.
A. New development in or around environmentally sensitive
areas, or extensions of existing development requiring an
approved development permit, shall comply with the following:
1. Such development shall require submission of a
site survey identifying areas of possible environmental
sensitivity, as defined in Section 22 -1223 of the FWC,
except as modified by this Agreement. Upon a determination
that environmentally sensitive areas are present within the
survey areas, the provisions of this section shall apply.
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2. In the event that conditions of environmental
sensitivity identified by the survey are shown to be part
of a connected system extending beyond the boundaries of
the required site survey, a supplemental survey of that
system may be required, and any required mitigations may r
apply to any or all portions of such system. The
boundaries of the supplemental survey shall extend as far
as reasonably necessary to establish mitigations.
3. Mitigations, when required, shall take into
account the purpose and character of the OP -1 Zone; and
wherever possible, alternative mitigations conforming to
OP -1 development standards shall be preferred.
B. Dedications. The City will not require dedications of
portions of the Property or easements on the Property under this
section, where alternative reasonable mitigations exist.
C. Rehabilitation. The City will not require
rehabilitation of, or retroactive mitigations for regulated
streams, lakes or wetlands under this section for conditions
existing prior to this Agreement.
D. Special Provisions Relating to Setbacks From Regulated
Lakes and Streams. Averaging of FWC- required setbacks from
regulated lakes and streams shall be permitted, subject to the
following:
1. Such setback shall result in an average setback
of 50 feet from any proposed building along any regulated
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lake or stream provided its minimum setback is not less
than 25 feet, except as otherwise specified in this zone.
2. The area to be averaged shall not extend beyond
the boundary of the site plan request for new development
in this zone.
3. "Regulated streams" shall mean those areas where
surface waters produce a defined channel or bed. A defined
channel or bed is an area which demonstrates clear evidence
of the passage of water and includes, but is not limited
to, bedrock, channels, gravel beds, sand and salt beds, and
defined as channel swale. The channel or bed need not
contain water year round. This definition includes major
and minor stream categories as defined in the FWC but does
exclude artificially created irrigation ditches, canals or
storm or surface water runoff devices or other entirely
artificial water courses, unless they are used by salmonid
or created for purposes of stream mitigation.
E. Special Provisions Relating to Setbacks From Regulated
Wetlands. Averaging of FWC- required setbacks from a regulated
wetland shall be permitted, and shall consider the quality and
character of the particular wetland subject to the following:
1. Such adjustments may reduce the average setback
up to 50 percent, provided the minimum setback is 50 feet
from any proposed building.
16=
2. The area to be averaged shall not extend beyond
the boundaries of the site plan required for new
development in this zone.
F. Exemption. The following shall be exempt from the
provisions of Section 22, Article XIV of the FWC and the
requirements of this Agreement:
1. Existing and ongoing agricultural practices,
provided no alteration of flood storage capacity or
conveyance occurs;
2. Development involving artificially created lakes,
wetlands or streams intentionally created, including but
not limited to grass -lined swales, irrigation and drainage
ditches, detention facilities, and landscape features,
except wetlands, streams or swales created as mitigation or
that provide critical habitat for salmonid fishes;
3. Development affecting wetlands which are
individually smaller than 2,500 square feet and /or
cumulatively smaller than 10,000 square feet in size in any
20 -acre section of this property;
4. Development occurring in areas of 40% slope or
greater with a vertical elevation change of up to 10 feet
may be exempted based upon City review of a soils report
prepared by a geologist or geotechnical engineer which
demonstrates that no significant adverse impact will result
from the exemption;
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5. Normal and routine maintenance, operation and
reconstruction of existing roads, streets, utilities and
associated rights -of -way and structures, provided that
reconstruction of any structures may not increase the
impervious area or remove flood storage capacity and r __
reasonable practices are utilized to restore any disturbed
area;
6. Normal maintenance and repair, and reconstruction
or remodeling of residential or commercial structures, or
legal pre- existing and on -going uses of the site, provided
that reconstruction of any structures may not increase the
previous approved building footprint and reasonable
practices are utilized to restore any disturbed area;
7. Site investigative work and studies necessary for
preparing land use applications, including soils tests,
water quality studies, wildlife studies and similar tests
and investigations, provided that any disturbance of the
sensitive area shall be the minimum necessary to carry out
the work or studies and reasonable practices are utilized
to restore any disturbed area;
8. Educational activities, scientific research, and
outdoor recreational activities, including but not limited
to interpretive field trips, birdwatching, and trails for
horseback riding, bicycling and hiking, that will not have
a significant adverse effect on the sensitive area;
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9. Emergency activities necessary to prevent an
immediate threat to public health safety or property;
10. Normal and routine maintenance and operation of
existing landscaping and gardens provided they comply with
all other regulations in this Agreement; r
11. Construction of trails, according to the
following criteria: constructed of permeable materials,
designed to minimize impact on the sensitive area, and of a
maximum trail corridor width of ten feet;
12. Minor activities not mentioned above and
determined by the Director to have minimal impacts to a
sensitive area;
13. Previously legally filled wetlands or wetlands
accidentally created by human actions, which shall be
documented to the satisfaction of the Director by the
applicant through photographs, statements, and /or other
evidence;
14. Installation, construction, replacement, repair
or alternation of utilities and their associated
facilities, lines, pipes, mains, equipment or appurtenances
in improved city road rights -of -way.
Section VI. Subdivisions Within the OP -3 Zone.
The requirements of RCW 58.17 and Chapter 20, Article VI,
of the FWC shall not apply to the construction of new buildings
on the Property, provided the ground on which the building is
located is not Pursuant to RCW 58.17.040,
3 :Se/' ,5"Y-j
r Gam" `" C -12
divisions of land for sale or lease into lots or tracts
classified for industrial or commercial uses permitted within
the OP -3 Zone may be reviewed as a binding site plan as set
forth in Section 20 -61 through Section 20 -65 of the FWC, or in
the case of four or fewer lots, such divisions of land may be
Y
processed as short plats. Section 20 -155 of the FWC shall
affect only residential subdivisions and shall not apply to
subdivisions for commercial or industrial lots. The binding
site plan may be processed concurrently with any required site
plan review process specified by Section 22 -899 of the FWC, at
the applicant's request.
3 2 3 1 5 7
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,EXHIBIT "N,.
TO ACCOMPANY LEGAL DESCRIPTION FOR PROPOSED
"OP -3" ZONING
A PORTION OF SECTION 21.
TWP. 21 N.. RGE 4 E., W.M.
KING COUNTY, WASHINGTON
9*WL - - - - --
NOTES :
i
1 I-t I
SECTION LINES AND CORNERS
ARE SHOWN HEREON APPROXIMATELY
I jy
I
II
AS AN AID IN LOCATING THE
II
PROPERTY AND ARE NOT BASED
II
UPON AN ACTUAL. SURVEY.
Ilg
ZONING DESIGNATIONS WERE
r err
PROVIDED BY HILLIS. CLARK,
,•/
MARTIN do PETERSON IN
APRIL, 1994.
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JOB NO. 191;
DRAWING NAME : EXH —N
DATE : 06—' 1-9 4
DRAWN : C,A
SHEET 1 OF 1