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CP-1EXHIBIT C Corporate Park Zone (CP-1) Section I. Purpose and Objectives. The Corporate Park-1 Zone (CP-1) is designed for property which has or can be developed for corporate headquarters, corporate office uses, and associated uses as defined herein. These properties are characterized by large contiguous sites with landscape, open space amenities, and buildings of superior quality. The property appropriate for such uses is unique, and demands for such uses are rare. Consequently, special land use and site regulations are appropriate for such properties. Section II. Applicability.. A. The provisions of this section apply to all property designated Corporate Park (CP-1) Zone on Exhibit B-1 of this Agreement. This property shall be subject to its own unique standards of review processes as set forth in the Agreement. If the provisions of the CP Zone conflict with other provisions of City codes, the CP Zone provisions shall prevail. After the date of the attached Agreement, any changes in City codes referenced in this Agreement shall not be deemed to modify the provisions of this Zone unless as approved hereinafter. B. Reference herein to the "FWC" shall refer to Chapters 18, 20, 21 and 22 (Supplement 3 as now existing or hereinafter may be modified or amended), of the Federal Way City Code. C-1 Reference herein to the City's "Director" shall refer to the Director of the Department of Community Services or designee. section III. Minimum Requirements. A. Lot Coverage. The aggregate impervious surface coverage by all permitted uses, primary and accessory, shall not exceed 70 percent of the total CP-1 zoned property. No other lot coverage restrictions shall apply. B. Development Setback. A continuous Managed Forest Buffer shall be provided around the entire perimeter of the CP-1 property. The required depth of the setback, except as otherwise provided herein, shall be as follows: 1. Where abutting a state or federal highway, 100 feet, measured from the nearest line of right-of-way toward the interior of any abutting portion of the lot. 2. Where abutting a city or county roadway, 50 feet, measured from the nearest line of the right-of-way toward the interior of any abutting portion of the lot. 3. Where abutting an incompatible use, 50 feet, measured from the nearest common property line, toward the interior of any abutting portion of the lot. 4. Widening the public rights -of -way subsequent to approval of a CP-1 classification shall not require relocation of any boundaries of the required Buffer for developed lots. C-2 N section IV. special Provisions for the Managed Forest Buffer. A. Character. The purpose of the Managed Forest Buffer is to represent the character of a softwood forest at 50 years or more of maturity and to provide open meadows consistent with the present undeveloped area of the subject property. It is understood that plant materials within forested areas are subject to periodic thinning, pruning and replacement consistent with,established forest management practices. Mixed varieties of plant materials, including specimen varieties of softwoods, native hardwoods and native or specimen shrubs are not inconsistent with the character of this Buffer. B. Forest Manager. The property owner shall designate a qualified Forester whose responsibility shall be to maintain and preserve the Buffer. After consultation and approval of a General Maintenance Plan ("Plan") by the Director, the Forester shall have full discretion as to the choice of plant material in the Buffer, and as to any necessary pruning or thinning consistent with the intended character of the Buffer. section V. Existing Development. Uses established on the property prior to the date of this Agreement 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 C-3 of the FWC. In cases of proposed expansions, the City will not require major modifications to existing facilities to meet City code requirements, provided however, the City may require the existing use to comply and be consistent with any life safety requirements. 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 shall be required by the City, except as required for new construction: 1. Site plan 2. Landscaping plan 3. Wetlands survey Section VI. New Development. New development requiring a development permit shall comply with requirements of the FWC for submittal of a site plan and a landscaping plan, except that, A. The required site plan shall be limited to the area which would be disturbed by any proposed structure or proposed impervious surface. B. Proposed new development shall also require submittal of a landscaping plan for the immediately affected areas of the Property. The boundaries of this plan shall be coterminous with C-4 the disturbed area. Proposed landscaping shall comply with Section XI (Landscaping) of this Agreement. section VII. Permitted Uses on Those Portions of the CP-1 Zoned Property Lying Outside the Managed Forest Buffer. A. The following principal uses are permitted outright subject to the provisions in Section 22-361 through -369 (Site Plan Review) of the FWC, except as noted below: 1. Corporate offices 2. Parks 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. Public and private exhibition facilities 6. Trade center 7. Day care 8. Conference center 9. Warehousing and distribution, subject to process II review, Chapter 22 of the FWC, when such facility is within 200 feet of a single- family zone or use 10. Residences for transient occupancy when associated with trade or conference center uses 11. Public transit shelter 12. Demonstration forest uses, including industrial silviculture practices, thinning, harvesting and C-5 full -cycle forestry processes consistent with historic practices and the Plan for the Property 13. Printing and duplication service, provided the use is associated with a principal use 14. Any other use determined by the Director to be compatible with the above permitted uses B. Accessory Uses. The following accessory uses shall be reviewed using that process associated with the principal use to which it is associated: 1. Banking and financial services, provided the use is associated with corporate office use 2. Restaurants supportive of employees or patrons or other permitted uses 3. Retail uses and services, supportive of employees or patrons of other permitted uses 4. Existing accessory uses on the property are permitted 5. Parking facilities, open or enclosed,' when accessory to permitted uses 6. Caretaker residence 7. Outdoor activities and storage, subject to Section 22-1111 through -1113 (Outdoor Activities and Storage) of.the FWC 8. Helistops C-6 9. 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 Section VIII. Uses on Those Portions of the Property Lying Within the Managed Forest Buffer. A. The following uses are permitted outright within the setback: 1. Managed forest 2. Planted meadows 3. Floral displays and bedding plants 4. Water features, such as lakes, ponds or fountains 5. Pedestrian paths up to ten (10) feet in width 6. Exercise structures such as par courses 7. Horticultural exhibits 8. Perpendicular access roads and driveways up to thirty (30) feet in width, serving permitted uses on the property 9. Previous roadways not greater than fifteen (15) feet in width, necessary for the maintenance of the Buffer, or for public safety reasons and not detracting from the intended character 10. Gates or fencing, when necessary for security, public safety, or to protect landscaping 11. Gatehouses, landscape equipment sheds, public information services, or transit shelters, in structures not exceeding three hundred square feet of gross floor area C-7 12. Signs complying with the provisions of this Agreement 13. Maintenance and preservation activity of the Forest Manager where such activities are consistent with the Plan 14. Any other use determined by the Director to be compatible with the above permitted uses B. Uses not permitted in the required setback 1. Off-street parking 2. Storage yards or storage structures 3. Mechanical equipment 4. Trails for motorized vehicles 5. Trailers 6. Any other use not otherwise allowed C. Public Access. In order to maintain corporate security, protect public safety, or preserve landscaping from abuse and over -use, the owner may limit or restrict public access within the setback Buffer. D. Permitted Activities. The following activities are permitted within the Managed Forest Buffer and all other forested areas of the Property when they are supervised by a Forester designated under Section IV (Special Provisions for the Managed Forest Buffer) of this Agreement: 1. Normal maintenance, including thinning, tree removal, pruning, and replacement of vegetation. C-8 2. Minor grading or filling associated with permitted uses within forested areas not requiring review or approval under Section XII (Environmentally Sensitive Areas). 3. Drainage swales and other surface water modifications may be incorporated into required landscape areas at the discretion of the designated Forester, provided the landscaping standards of this Agreement are met and the integrity of the surface water function is preserved. Section IX. Heights. Heights for structures are as follows: A. A height limit of six stories is imposed, provided if approved through Process II, Article VII, Chapter 22, of the FWC, the height of a structure may exceed six stories above average building elevation if 1. the site of the proposed building does not adjoin a low -density zone; 2. the proposed height does not block any views designated by the comprehensive plan; and 3. the increased height is in character with surrounding uses or consistent with desirable development in the CP Zone and as established in the comprehensive plan. C-9 B. Maximum heights for structures lying within the required setback buffer shall be no more than twenty-five (25) feet. Section B. General Development Conditions. A. General. Provisions of the FWC relating to facade measurement, modulation, distance between structures, or materials, other than those specified herein, shall not apply to this zone. B. Structures Within Required Setbacks. 1. Existing structures, including free-standing walls, within required setback areas are deemed to be consistent in material and finish with the intended character of those setbacks. 2. New fencing shall, to the greatest extent possible, match existing fencing. When other materials are employed, such materials shall be compatible with the intended character of the setback. Natural materials are preferred. Chain link fencing in association with planting is permitted. 3. Signs in required setbacks shall comply with Section XV (Signs) of this Agreement. C. Structures Outside Required Setbacks. 1. Existing structures, including free-standing walls, outside required setback areas are deemed to be acceptable in material and finish, and may be extended or C-10 duplicated, subject to the requirements of other applicable laws or ordinances. 2. Fencing shall comply with Chapter 22, Article XII, Division 4 (Fences), of the FWC. 3. Signs shall comply with Section XV (Signs) of this Agreement. Section XI. Landscaping. The provisions of this section shall modify application of Chapter 22, Article XVII (Landscaping), of the FWC in the CP-1 zone. A. General. 1. All portions of the Property not used for buildings, future buildings, parking, storage or accessory uses, and proposed landscaping areas shall be retained in a "native" or predeveloped state. 2. Alterations to existing landscaping in connection with new development shall match or be compatible with existing vegetation. Extensions of, or duplication of existing plant material in connection with future development is preferred. 3. Selection and installation of plant material in all forested areas shall be the responsibility of he designated Forester. Provisions of the FWC relating to selection and spacing of plant material and identification of significant trees shall not apply in the CP-1 zone. C-11 B. Landscaping and maintenance within the Managed Forest Buffer shall comply with City standards for sight distance safety requirements. C. Landscaping in environmentally sensitive areas shall comply with Section XII (Environmentally Sensitive Areas) of this Agreement. D. Parking lot landscaping. New parking areas shall comply with minimum standards of the FWC; except that selection and distribution of plant material conforming to existing development shall be preferred. E. Modifications. The Director shall have the authority upon property owner request to permit modifications to specific requirements to assure the fulfillment of the stated purpose of this section and Chapter 22, Article XVII, of the FWC to allow for flexibility and creative design, or when necessary, because of special circumstances relating to size, shape, topography, vegetation, location or surroundings of the Property. Section %II. Environmentally Sensitive Areas. A. General. Any portions of the CP-I Property which are proposed for new development and classified as environmentally sensitive pursuant to Section 22-1223 of the FWC, shall comply with the requirements of Chapter 22, Article XIV (Environmentally Sensitive Areas) of the FWC, except as modified by this Agreement. B. Existing Development. Existing development and practices, including maintenance, on the Property are deemed to C-12 be approved, and the requirements of Chapter 22, Article XIV of the FWC, relating to surveys, approval of site plans, landscape plans, drainage and maintenance plans shall not apply as they relate to existing development, except as they may relate to water quality and downstream surface water impacts. C. Environmentally Sensitive Development Standards. 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 CP-1 zone; and C-13 wherever possible, alternative mitigations conforming to CP-1 development standards shall be preferred. D. 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. E. 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. F. Special Provisions Relating to Setbacks for 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 along any regulated lake or stream provided its minimum setback is not less than 25 feet. 2. The area to be averaged shall not extend beyond the boundaries of the site plan required for new development in subsection C.1 of this section. 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 C-14 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, including Weyerhaeuser Lake unless they are used by salmonid or created for purposes of stream mitigation. G. 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 subsection C.1 of this section. H. Exemption. The following shall be exempt from the provisions of Section 22, Article XIV of the FWC and 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, including Weyerhaeuser Lake, wetlands or streams intentionally created, including but not limited to grass - lined swales, irrigation -and drainage ditches, detention C-15 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; 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-16 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, 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 C-17 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 %III. Off -Street Parking. The provisions of this section shall modify application of Article XV (Off -Street Parking) of the FWC in the CP-1 zone: A. Existing development and uses are deemed to comply with minimum requirements for number of parking spaces, for location, access, and dimensional requirements. B. New development shall require compliance with applicable off-street parking minimums, except in computing off- street parking requirements, the aggregate of all proposed and existing uses on the property may, subject to approval of the Director, be considered as a whole in establishing the minimum number of vehicle spaces required, based on the following: 1. Any excess capacity in existing parking spaces lying within eight hundred (800) feet of a proposed development may be used to reduce the requirement for additional parking development. 2. If. the occupant of a proposed use provides van or alternative service between the proposed use and remote parking facilities, any excess parking on the entire C-18 property may be used to reduce the requirement for additional parking development. Section %IV. Improvements. The provisions of this section shall modify application of Article XVI, Division 3 (Right -of -Way Improvements) of the FWC in the CP-1 zone. A. Right-of-way improvements on roadways abutting the required Managed Forest Buffer or designated environmentally sensitive areas in the CP-1 zone shall conform in character to the intention of those areas. Specifically, such rights -of -way: 1. Shall employ materials and designs for lighting standards, guardrails or other necessary improvements having natural or dark finishes wherever practicable. 2. Shall not require continuous median strips; although median strips may be installed in connection with left turn lanes or other intersection designs where appropriate. 3. Shall not require continuous concrete curbing or sidewalks, but shall provide safe pedestrian access. 4. Shall not require parking lanes or parking areas not accessory to uses on the abutting CP-1 zoned Property. B. Design of right-of-way improvements shall be determined in consultation with the owner of the adjoining CP-1 Property, and any reasonable and practical alternatives intended to preserve the special character of adjoining setbacks and Buffer shall be preferred. C-19 Section XV. Signs. The provisions of this section shall modify application of Article XVIII (Signs) of the FWC, in the CP-1 zone. A. Existing signs are approved and may continue in use. B. Provisions of Article XVIII of the FWC relating to size, location or non-structural material shall apply to areas of a CP-1 property lying outside a required perimeter setback, except as follows: 1. Directional and informational signs may be located within a required setback provided they comply with the sight distance requirements of Article XIII, Division 10, of the FWC, and such signs conform to the standards for sign category B. J 2. Corporate identification signs, and signs identifying principal uses within a CP-I classification may be erected within the required setback, subject to the following standards: a. There shall be no more than one such sign, at or facing a road or at each driveway providing access to a permitted use or uses. Where more than one use is served by a single access road or driveway, identification shall be combined where practical. b. Such signs shall be of the monument or pedestal type, and conform to the areas for category D signs, except that the permitted height for such signs may be ten (10) feet. C-20