Loading...
AG 94-211PUGET CONCOMITANT PRE - ANNEXATION ZONING AGREEMENT THIS AGREEMENT, made and entered into this 23rd day of August , 1994, by and between PUGET SOUND POWER AW 4 LIGHT COMPANY ( "Puget "), 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. Puget 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 "Puget 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 Puget Property as within King County's Urban Growth Area, and both parties have previously agreed that the Puget Property is within the potential annexation area of Federal Way. The Puget Property is currently zoned "MP" and planned as "Manufacturing Park" by King County. C. The Puget 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 Puget 4f.TV, !r ORIGINAL r ,� r Property. The proposed zoning for the Puget Property is Office Park -2 (OP -2). D. Puget supports the annexation of the Property into the City; however, Puget 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 Puget 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 Puget Property. F. Puget and the City wish to establish zoning, development standards, and procedures which would apply to development of the Puget 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 .-- 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. 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 Puget Property subject to the attached Zoning Designation Map incorporated hereto as Exhibit B. 3.1. The Puget Property, designated as "Office Park -2 (OP -2)" 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 City agrees that upon annexation of the Property, the City Council shall lawfully establish an interim classification for the Property on the City official Comprehensive Plan map. Pursuant to the FWC Section 19- 101(a)(2), the area annexed to the City shall retain the Comprehensive Plan map classification of King County pursuant to RCW 35A.13.180 but shall be reviewed pursuant to the Federal Way Comprehensive Plan policies; provided however, to the extent %niti - 4 - "y: 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. — property, including the Puget 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. Puget acknowledges that the Puget Property will assume a prorata share of any future City indebtedness. 7. Conformity of Existing Uses. The City agrees that, upon annexation, all existing uses and development on the Property are deemed to be legal, conforming uses, and may 5 - continue in existence as is. All public streets within the annexed area are accepted by the City as is for existing purposes except as provided for elsewhere in this Agreement. All buildings are presumed built pursuant to King County building code standards, and will not need to be altered to ..__ conform to any different Federal Way standards, except as provided for elsewhere in this Agreement. If such buildings are proposed to be modified through a building permit issued by the City of Federal Way, the City will not require major modifications to existing facilities to meet City code requirements in connection with any such new additions, provided however, the City may require the existing building to meet life safety requirements. Nothing in this section shall constitute a warranty of any kind, including the habitability by the City of existing structures. 8. Processing of Land Use Applications. 8.1. The City shall process the land use applications and SEPA checklists for any future development on the Puget Property ( "Land Use Applications ") as follows: a. The City agrees to process Land Use 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 lniti ��, 6 - ordinances in a timely manner, advise if its applications are in what respects such land use deficient. The City shall use give such notice regarding eacl expeditiously after its filing including notices to complete, and, if not, application is its best efforts to z land use application 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. 9. Effective Date. This Agreement shall become effective upon the effective date of a City Ordinance approving this Agreement. 10. Term of Agreement. This Agreement shall remain in full force and effect until terminated by mutual agreement of the parties. 11. 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. 12. 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 �r1Y #i - 7 - i 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. 13. 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. 14. 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, the City Manager may authorize modification on behalf of the City. 15. Binding 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 Attest: + Ci y C er i 1 J L r - 8 - PUGET SOUND POWER li� LIGHT COMPANY By G Its twk2 -- MVV QA A,1_ iS -T0XSV F c iL1T`�S Approved as to form: n —Lake- City Attorney STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this )aiA day of See- bpi- , 1994, before me, the undersigned, a Notary Public An and for the State of Washington, duly commissioned and sworn, personally appeared k E. L to me known to be L1 M1ay%yAe-v- of the City of Federal ay, the corporation that ex""6cuted th'6 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 J_I.,e— was authorized to execute said instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. • F(C33Z i�O AR i r% PUBLIC !� WAS'�'`4 w 1 Name ejfe-e- (--j IMF [;ilr�fc5 a, NOTARY PUBLIC in and for the State of Washington, residing at 3j; � E.,U) My commission expires STATE OF WASHINGTON ss. COUNTY OF KING on this -Z Imo' day of a -S 1994, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared '. r�nvkdl T, flat- , to me known to be:?lre,-,r [2e j Es4vl - of PUGET ,. SOUND POWER AND LIGHT COMPANY, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the - uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument.. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. me Sa Fn NOTARY PUBLIC in and for the State of Washington, residing at i rKla rrkk- GCI)1+ My commission expires3Lf2Z . 3 2 3 16 1 - 10 - EXHIBIT A Legal Description V. __ 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 -2" ZONING That portion of the northwest quarter of Section 22, Township 21 North, Range 4 East, W.M., King County, Washington, lying northerly of State Route 18 AND lying southerly of the following described line: BEGINNING at a point on the former easterly margin of 32nd Avenue South, said point being 40 feet east of the northwest corner of the southwest quarter of the northwest quarter of said Section 22 AND being on the northerly line of said southwest quarter of northwest quarter; THENCE S 01 °13'11" W along said former easterly margin of 32nd Avenue South a distance of 783.85 feet to the former northwesterly margin of Primary State Highway No. 2; THENCE N 62 001145" E along said former northwesterly margin a distance of 415.31 feet; THENCE N 5204810011 E along said former northwesterly margin a distance of 768.95 feet; THENCE N 39 029126" W a distance of 226.84 feet; THENCE N 88 046149" W a distance of 817.08 feet to said former easterly margin of 32nd Avenue South AND the terminus of said line. See attached Exhibit "M ". Written by: C.A.G. Checked by: R.J.W. 1914118 34004 9th Ave. So., Bldg. A • Federal Way, Washington 98003 'rt. Federal Way (206) 838 -6113 • Tacoma (206) 927 -0619 • Seatpl(r (2061623-5911 • Fax: (206) 838 -7104 EXHIBIT B Zoning Designations Map a 1 S. 320TH ST. PROPOSED IYEYERNAEUSER' ANNEXATION EXHIBIT B OFF PARK (0 1 -1) ZONING DESIGNATIONS (o SCAUE: 1 "= 1,200" A rlt 1094 Lo /f/ rf ffffrr fr r f fY rf rf rr ff tr r/ rff frt /'" fff r fi frf {err /r r ri ii %rr f - > ¢ o T • fii %�irr! f��.rf�r..�r /„ !'�r, / /rfij r� co POR rE P gK f t! (C -1 ) ;i %fry -- IFS r c,,r tjlf`ftlr rrrrrf /, rrf;�r .t r rrf j fff /A f f✓ft �ttf�r rrf,% 330th ST. f %ji /�f.�ffrf'ffr;r /tl /% r ✓/ /rrtt ij /f, i /fr / 'A� d vi��ffr ft,�f�f� w vi Li f'✓ �/ ri `� ff /i %i /rrlf'fi _ �i . > > SING E MIL -- ft//ft ff r ff �ffftr/ f� ffrttf Y f f fr ft _ k a firff rt �/ rt /!r /r i`/ RESIDC m tr lftli/��jl�j /./1f � _ �. ���•L. S. 336TH ST. �r /,� ✓fr �.r� f i S. 336TH ST OFFICE PAR (OP -1) ST. � � /fttr'r r ffftlrffrr r� ffffr (Of -2y frf% %1 rf r rfr��/ t t/�i�ftf . r /fir f fi�rtr ` fi fr�j ,tr /r ,• /r r"/ f f � • S. 342ND ST ��t�r ,r /�,�•r��i�rr /i ,ri /rf,� ,rtt'frr,�`' fifr% C RPORATE P RK ST. fr'i o 1 ff �/ f f'rf�ffj�.r /fir',' /fr? /rig` j 1 fry S. 344TH S r,�rffiff�'if'' CE PARK - `jirfr / /rj` (OP -1) f 49TH ST _- SINGLE FAMILY — . -ALL RESID NTIAL (RS-11600) - ,C V) ;j ipe�f—rlls mvisto ¢ _ ~ - r V1 w 2 H %D v S. 349TH ST 1 S. 352ND ST 1 EXHIBIT "M" TO ACCOMPANY LEGAL DESCRIPTION FOR PROPOSED "OP -2" ZONING A PORTION OF SECTION 21, TWP. 21 N;, RGE 4 E., W.M. KING COUNTY, WASHINGTON 9}101 - -- South 336th Street 10 15 I � l I Gr Ati4/ /'/ S. 334th St. il 16115 �. t i !!t 21 2r/ 1� r I I I I 1 I I I °J s: ell jn I / r + + - / r / 1 I ESM nc. A CK DAB L49 AAO. Ac "0.(A Y1K'M COQAIIK fN 34004 9th AVENUE SO., BLDG. A FEDERAL. WAY. WASHINGTON 96003 PHONES [2061 636 -6113 K t 115 m 22 SCALE : r - loo0y 0 r','fimm hk a JOB NO. 191 -41 -930 -002 DRAWING NOTES DATE : 06 -17 -94 SECTION LINES AND CORNERS C.A.G. SHEET 1 ARE SHOWN HEREON APPROXIMATELY I r AS AN AID IN LOCATING THE I PROPERTY AND ARE NOT BASED UPON AN ACTUAL SURVEY. ZONING DESIGNATIONS WERE PROVIDED BY HILLIS, CLARK, r MARTIN & PETERSON IN APRIL, 1994, rra f FI — -- -- —16� 15— I �r - rN South 336th Street 10 15 I � l I Gr Ati4/ /'/ S. 334th St. il 16115 �. t i !!t 21 2r/ 1� r I I I I 1 I I I °J s: ell jn I / r + + - / r / 1 I ESM nc. A CK DAB L49 AAO. Ac "0.(A Y1K'M COQAIIK fN 34004 9th AVENUE SO., BLDG. A FEDERAL. WAY. WASHINGTON 96003 PHONES [2061 636 -6113 K t 115 m 22 SCALE : r - loo0y 0 r','fimm hk a JOB NO. 191 -41 -930 -002 DRAWING NAME : EXH -M DATE : 06 -17 -94 DRAWN : C.A.G. SHEET 1 OF 1 EXHIBIT C Office Park Zone (OP -2) M +_ EXHIBIT C Office Park Zone (OP -2) Section 1. Purpose and objectives. This Office Park Zone (OP -2) 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 -2) 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 -2 Zone conflict with other provisions of City codes, the OP -2 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. C -1 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. Offices 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 s 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. ynit+ Is 1 C -2 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 -2 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 C -3 yr.;ti .s I t 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 -2 designated property adjoins a low- density zone. A 40 -foot wide buffer shall screen the Property from any adjacent residential -zoned property and retail sales and convenience services shall be primarily designed to cater to employees of corporate and office park developments. Section IV. Existing Development. Uses established on the property prior to the adoption of this zone are deemed to be conforming uses under the provisions of Chapter 22, Article IV, of the FWC. The provisions of Section 22 -330 (Immediate Compliance)of the FWC shall not apply; except that A. Proposed expansions of, or alterations to existing. non - conforming uses shall comply with Sections 22 -330 and 22 -331 of the FWC, but only with respect to the said expansion or alteration; and B. Development undertaken to comply with provisions of state and federal law shall be subject to the provisions of Section 22 -340 (Compliance with Government Regulations) of the FWC. C. Existing site development is deemed to satisfy FWC requirements for the following, and no additional approvals C -4 shall be required by the City, except as required for new construction: 1. Site plan 2. Landscaping plan 3. Wetland survey 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. 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 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 �trit' 1 C -5 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. I __ 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 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 C -6 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. 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, C -7 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; 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 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; C -8 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; 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; 11. Construction of trails, according to the following criteria: constructed of permeable materials, designed to minimize impact on the sensitive area,-'arid 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 C -9 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 -2 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 sold or leased. Pursuant to RCW 58.17.040, divisions of land for sale or lease into lots or tracts classified for industrial or commercial uses permitted within the OP 72 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 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 6 1 C -10 'x[11 tf r�f�