AG 94-201 - WEYERHAEUSER COMPANYWhen Recorded, Return to:
WEYERHAEUSER COMPANY
LAND TITLE CH 1 F 23
PO BOX 9777
FEDERAL WAY WA 98063-9777
CONFORI ED COPY
2003051.3002214
HCI'IP ,f'IND '""SCANNED
PAGE e01, OF ~0'7
05/~.3/~003 14:51,
K'rNG COUNTY, DA
FIRST AMENDMENT
TO
WEYERHAEUSER COMPANY CONCOMITANT
PRE-ANNEXATION ZONING AGREEMENT
Grantor:
Grantee:
Legal Description (abbreviated):
Assessor's Tax Parcel ID #:
1) Weyerhaeuser Company; 2) The Quadrant Corporation
The Public
Portions of Sections 15, 16, 21 and 22, Township 21N,
Range 4 East, W.M., King County, Washington
152104 9178 01; 215465 0030 06; 215465 0070 07;
215465 0100 01; 215465 0130 05; 212104 901401;
THIS AMENDMENT, made and entered into this ~''*-k-~ , day of /~ ir ,2003, by
and between WEYERItAEUSER COMPANY, a Washington corporation ("Weyerhaeuser"),
THE QUADRANT CORPORATION ("Quadrant"), 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"), collectively "the Parties."
RECITALS
A. On August 23, 1994, Weyerhaeuser and the City entered into an agreement known as the
Weyerhaeuser Company Concomitant Pre-Annexation Zoning Agreement ("Weyerhaeuser CZA")
establishing zoning, development standards and procedures which would apply to the development
of certain property owned by Weyerhaeuser ("Weyerhaeuser Property") upon annexation of the
property into the City. The Weyerhaeuser CZA is recorded in the real property records of King
County under Recording No. 9410260933.
B. By Ordinance No. 94-220, adopted on September 21, 1994, and effective October 2, 1994,
the City annexed the Weyerhaeuser Property, with zoning designations including Office Park-1
("OP-1") and Corporate Park-1 ("CP-1"), along with associated zoning boundaries, development
standards and procedures, as contained in the Weyerhaeuser CZA.
C. Since the annexation of the Weyerhaeuser Property to the City, the City by Ordinance No. 98-
330 rezoned certain real property zoned OP-1 by the Weyerhaeuser CZA; therefore, the Parties now
desire to amend the Weyerhaeuser CZA in order to delete this certain property from the OP-1 zoning
district and the overall Weyerhaeuser CZA.
ORIGINAL
D. Since the Weyerhaeuser Property was annexed, the City has modified and streamlined its
permitting procedures relative to processing binding site plans. The Parties now also desire to
amend and incorporate these revised procedures into the Weyerhaeuser CZA.
E. The Weyerhaeuser CZA authorizes the City Manager, on behalf of the City, to approve minor
amendments to the CZA. This Amendment shall be processed as a minor amendment pursuant to
Section 22 of the Weyerhaeuser CZA.
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 to amend
the Weyerhaeuser CZA as follows:
1. Amendment to Weyerhaeuser Property legal description, property boundaries,
and zoning boundaries. Exhibits A-l, A-2, B, CK and D to the Weyerhaeuser CZA set forth the
legal descriptions, property and zoning boundaries for Weyerhaeuser Property subject to the
Weyerhaeuser CZA. The Weyerhaeuser CZA and exhibits are hereby amended to delete certain
property as described and depicted in Exhibit A-3 attached hereto and incorporated herein. The new
boundaries of the OP-1 zone are as depicted on Exhibit CK attached hereto and incorporated herein.
2. Amendment to Weyerhaeuser CZA procedures. The process for reviewing
binding site plan applications established in Exhibit D (O-1), Section VII, Subdivisions within the
OP-1 Zone, is hereby amended to provide that: "Any binding site plan application pursuant to
Sections 20-61 through 20-68 of the FWC shall be subject to the application and review process
applicable to short subdivisions as set forth in Federal Way City Code (FWCC) Division 4, Binding
Site Plans, Supplement No. 18, or as thereafter amended."
3. The changes provided for herein only apply to those 6 parcels identified by
Assessor's Tax Parcel ID # shown on page 1, above. The attached Exhibits A-3 and CK are for
general reference and include real property owned by others than Weyerhaeuser and Quadrant. This
First Amendment in no way encumbers, restricts, modifies or benefits any real property not included
in the 6 specifically referenced parcels as the same exist on the date shown on the Weyerhaeuser
acknowledgement.
4. Effective Date. This Amendment shall become effective upon the date of execution
of this Amendment by Weyerhaeuser, Quadrant, and the Federal Way City Manager.
5. Term of Amendment. This Amendment shall remain in full force and effect until
terminated by mutual agreement of the Parties.
6. Enforcement. Venue and jurisdiction to enforce this Amendment shall lie in King
First Amendment Weyerhaeuser Zoning AgreementPage 2
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 specific performance.
7. Attorneys' Fees and Costs. In the event either party commences proceedings in
King County Superior Court to enforce this Amendment, the prevailing party shall be entitled to an
award of attorneys' fees and actual costs.
8. Governing Law. This Amendment is entered into under the laws of the State of
Washington, and the Parties intend that Washington law shall apply to the interpretation hereof.
9. Binding Effect. This Amendment shall run with the land, shall touch and concern
the land, and shall be binding upon and inure to the benefit of the current owners, their respective
heirs and their successors and assigns.
10. Severability. Nothing contained in this Amendment shall be construed so as to
require commission of any act contrary to law, and whenever there is any conflict between any
provision contained in this Amendment and any present or future statute or law, ordinance or
regulation or judicial ruling or governmental decision, the latter shall prevail, but the provision of
this Amendment which is affected shall be limited only to the extent necessary to bring it within the
requirements of such law, ruling or decision without invalidating or affecting the remaining
provisions of this Amendment.
11. Effect of Amendment. Except as amended herein, the Weyerhaeuser CZA shall
remain in full force and effect.
12. Incorporation of Exhibits and Recitals. The Exhibits attached hereto and the
Recitals stated above are incorporated into this Amendment.
IN WITNESS WHEREOF, the Parties hereto have entered into this Amendment executed as
of the day and date first written above.
WEYERHAEUSER COMPANY
a Washington corporation
By:
Name:
Title:
First Amendment Weyerhaeuser Zoning AgreementPage 3
ORI6 NAL
THE CITY OF FEDERAL WAY,
a Washington municipal corporation
By:
Ntame: D~tvid H. Moseley
Title: City Manager
THE QUADRANT CORPORATION
By:
Name:
Title:
City Clerk, N. Christine Green, CMC
APPROVED AS TO FORM:
~'li~ ~'ito~'Jy, ~a'tridia A:- ~'ichardson
STATE OF WASHINGTON )
)
COUNTY OF KING )
SS.
On this da.y person, gtlly be. fore me . )) [g(~_x_ [4(ktk~g~l , to me known
to be the_ ~/!*C [c)~_b_[c~e~J~ __~~,~EYE~A~SER coMPANY, the
Washington corporation that executed the foregoing ~nstmment, 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.
GIVEN UNDER MY HAND AND OFFICIAL SEAL this ~ day of t~.t~it., ,
NOT~RY ~rBLIC in anlfl,l'or
Washington, residing at
the State of
My Cp~,ission Expires
First Amendment Weyerhaeuser Zoning AgreementPage 4
ORigINAL
STATE OF WASHINGTON )
)
COUNTY OF KiNG )
SS.
On this day personally before me David H. Moseley , to me known
to be the City Manager of the CITY OF FEDERAL WAY, the
Washington municipal 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.
,
P~irged Name
NOTARY PUBLIC in and for We State of
Washington, residing at:
My Commission Expires:
SS.
STATE OF WASHINGTON )
)
COUNTY OF KING )
On this day personally before me .~'2')/.b~[/~,'~ (-"~ /cji, /k~'~ lzoc.. , to me ~own
to be the ~,~...19~t~-- of the THE QU~~T CO,OPTION the
Washin~on co~oration that executed the foregoing instrument, and ac~owledged such inst~ent
to be the free ~d volunt~ act and deed of such co¢oration, for the uses and pu¢oses therein
mentioned, and on oath stated that [he/she] was duly authorized to execute such instrument.
GWEN ~ER ~ ~ ~ OFFIC~ SE~ t~s ~f~day of ~,~&~. ,
2002.
P ~t/ed Name
NOTARY PUBLIC in
Washington, residing at:
My Commission Expires:
a~.n~ for the
State of
First Amendment Weyerhaeuser Zoning AgreementPage 5
ORIGINAL
WEYERHAEUSER COMPANY CONCOMITANT
PRE-ANNEXATION ZONING AGREEMENT
THIS AGREEMENT, made and entered into this ?~ day of
August , 1994, by and between the WEYERHAEUSER
COMPANY, a Washington corporation ("Weyerhaeuser"), 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. Weyerhaeuser owns certain real property located in
unincorporated King County, Washington, which surrounds and
includes its corporate headquarters. The property is contiguous
to the present easterly boundary of the City, which is bordered
by Interstate Highway 5. The property is legally described on
Exhibit A-i, attached hereto and incorporated herein by this
reference, ~and will be referred to as the "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
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. Most of the property
is currently zoned "Manufacturing Park" or "Potential
Manufacturing Park" by King County.
C. The Property is a unique site, both in terms of its
development capacity and natural features. Weyerhaeuser desires
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ORIGINAL
to develop its Property with maximum flexibility which will
insure optimal development, while preserving the unique natural
features of the site.
D. Weyerhaeuser is contemplating annexation of the
Property into the city; however, Weyerhaeuser 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 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 property, i.e., managing
growth and fiscal benefits, as well as intangible benefits that
may be associated with having Weyerhaeuser's corporate
headquarters located within the City limits.
F. Weyerhaeuser and the City wish to establish zoning,
development standards, and procedures which would apply to
development of the Property should it be annexed into the City
in the future. 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.
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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
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 all parties and the City has adopted the pre-
annexation zoning, set forth in paragraph 3 herein, by
ordinance. In the event pre-annexation zoning acceptable to
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Weyerhaeuser is not approved by the City, then Weyerhaeuser may
withdraw its petition for annexation.
2. City Processinq 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 Weyerhaeuser Property.
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 Property subject
to the attached Zoning Designation Map incorporated hereto as
Exhibit B.
3.1. Those portions of the Property designated as
"Corporate Park-1 (CP-1)" Zone shall be subject to the
development provisions set forth in Exhibit C.
3.2. Those portions of the Property designated as
"Office Park-1 (OP-1)" Zone shall be subject to the development
provisions and development standards attached hereto and
incorporated as Exhibit D.
4. Comprehensive Plan Desiqnation.
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
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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
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 property
which is compatible with the zoning agreed to in Section 3 of
this Agreement shall be adopted by the City.
5. Shoreline Master Proqram Desiqnation.
5.1. The City agrees that upon annexation of the
Property, the annexation ordinance shall specify that any
property regulated by the Shoreline Management Act and King
County Shoreline Master Program shall retain the shoreline
designation established by King County and shall be regulated
pursuant to Chapter 18, Article III of the FWC. A map of the
designations is attached as Exhibit B.
5.2. The City agrees that within 12 months of the
effective date of the annexation, the City's Shoreline Master
Program will be amended to include the annexed properties within
the City's jurisdiction with the King County shoreline
designations shown on the map attached as Exhibit B; provided
the City will consider amending the "Conservancy" designation
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along North Lake to an "Urban" designation, consistent with the
remainder of the lake.
6. Growth Management Legislation.
6.1. 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.
6.2. 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.
6.3. Water & Sewer Service. The Property is within
the service district of the Federal Way Water and Sewer District
("District"), which has plans to construct sewer improvements
consisting of a 30-inch diameter gravity trunk sewer which will
tie into the existing sanitary sewer system on South 330th
Street. The trunk sewer will cross I-5 then continue east
across Weyerhaeuser property towards South 336th Street as more
fully described in WTC Sewer Extension Agreement No. 91-213
between the District and Weyerhaeuser dated January 1, 1994.
6.4. The City agrees to coordinate with the District
to serve the Property, including but not limited to the
completion of the proposed improvements described in
paragraph 6.3. In the event the City assumes the District, the
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city agrees to provide the Property with all necessary services
and complete the Sewer Improvements referenced herein and allow
completion and use of such improvements and to fullfil the terms
and conditions of the Sewer Extension Agreement between the
District and Weyerhaeuser. Weyerhaeuser shall have no
obligation to share in the cost of such extensions except as
provided in the Sewer Extension Agreement dated January 1, 1994
and as it may desire to serve its own properties in which case
Weyerhaeuser will pay its fair share as agreed upon at the time
of the improvements.
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
continue in existence as is. This includes but is not limited
to use of mutually agreed upon meadows and open spaces for
helistops for corporate purposes. The existing helistop pads
are acceptable by the City for continued use. 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
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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. Assumption of Indebtedness. The City acknowledges
that it has no outstanding bonded indebtedness.
9. Processing of Land Use Applications.
9.1. The City shall process the land use applications
and SEPA checklists for any future development on the 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
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
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completion of any threshold determination process
pursuant to the SEPA Rules, WAC 197-11-310(3), and FWC
Section 18-72.
9.2. Pursuant to a separate agreement and interlocal
agreement with King County, the City may process Land Ute
Applications, shoreline permits, and binding site plan
applications concurrently with the annexation process; provided,
however, no development shall be undertaken until the effective
date of the annexation.
10. Land Modification Permit Process. A Land Surface
Modification Permit (grading permit or equivalent) may be
reviewed by the City in advance of the issuance of a development
permit, provided the development permit application has been
made and all information required by Section 22.109V of the FWC
has been provided to the city. Issuance of a grading permit for
the Land Surface Modification may also be contingent upon
meeting the requirements of the adopted surface water design
manual, except as otherwise modified by this Agreement, and only
after approval of a site plan or other land use review.
11. Tenant Improvement Permits. Tenant improvements
necessary to meet the varied requirements of continuing or
succeeding tenants shall be subject to the City's tenant
improvement process.
12. Payment of City's Processing Costs.
12.1. The applicant agrees to pay any applicable City
fees.
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12.2. In addition, if the applicant so requests, and
if the City concurs that such request is appropriate under City
ordinances, the City shall contract for the services of
additional staff or consultants whose primary responsibility
will be the timely processing of applicant's applications. The
applicant shall pay all costs and expenses associated with the
services of such additional personnel.
12.3. Any additional staff or consultants so funded
by the applicant and contracted for by the City shall be solely
responsible to the City and under the City's sole and complete
direction and control, to the same ~extent as any other staff
personnel of the City.
13. Open Space. The Property has significant open space
currently used for running, walking, kite flying and other
recreational activities. These uses may continue at
Weyerhaeuser's discretion. The City agrees not to require any
dedication or conveyance of the Property or any portion for
public purposes, provided, that in connection with any new
development applications within 200 feet of State shorelines,
the city may require public trails, water access or open space
as may be required by adopted City codes.
14. Road and Drainaqe Standards.
14.1. Weyerhaeuser has constructed, at its sole cost
and expense, the existing roadway and sidewalk network on the
property. It is agreed that this system not in a public right
of way may remain private and shall be maintained by
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Weyerhaeuser, and that the system need not meet City standards
provided it meets good engineering practice and safety standards
of the engineering profession for private roads, pedestrian
facilities and bike trails. At such a time as the private road,
pedestrian and bike facilities meet City standards and
sufficient right of way is provided, the City will be willing,
when mutually agreeable, to take over and maintain this system
or any section of such system.
14.2. The roadway network within public right of way
constructed by Weyerhaeuser is utilized by off-site users.
These streets, as shown in Exhibit A-2 within the Property area,
have been constructed by Weyerhaeuser to meet capacity needs for
on-site development up to an additional 300,000 square feet of
Corporate Office Park development ("Additional Development")
located in the general area as shown on Exhibit A-2. The city
agrees that such Additional Development shall be vested for
purposes of roadway capacity requirements and any concurrency
requirements, and Weyerhaeuser shall not be required to pay for
any new public streets within the Property area or traffic
mitigation fees for these streets in connection with the
Additional Development; provided life safety issues are
appropriately addressed in a mutually acceptable traffic report
and the City and Weyerhaeuser agree on the improvements needed
to address any such life safety issues. Life safety issues paid
for by Weyerhaeuser at the time of development may include
driveway and intersection improvements, the proportionate share
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of the signalization of the intersection of South 336th Street
and Weyerhaeuser Way, construction of left turn lanes into such
new development, development of pedestrian corridors along
public roads within the Managed Forest Buffers, and paving of
shoulders for bicycle lanes.
14.3. The existing drainage system on the property is
accepted by the City as meeting the pre-1990 King County
drainage requirements, and no change will be required for
current uses of the property. Drainage for future additional
and new development shall be designed to comply with Federal Way
drainage requirements applicable at the time of development
application, including the Proposed Executive Basin Plan,
Hylebos Creek Area And Lower Puget Sound, but without
consideration of any non-conformance of the existing system or
cumulative effects from preexisting uses and structures unless
modifications to the existing drainage system are required in
connection with such new development drainage requirements. Any
contributions for necessary downstream improvements may be
imposed to the extent applicable to other property owners and
only as allowed by local and State law. All on-site storm
drainage facilities including streams, ponds, catch basins,
piping, retention/detention (R/D) systems, water quality
facilities, ditches, etc., will be maintained by Weyerhaeuser,
unless otherwise mutually agreed upon. All drainage facilities
associated with the public roadways will be maintained by the
City. Upon mutual agreement, the R/D facility on the east side
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of Weyerhaeuser Way-between the State park and South 320th
Street will be deeded to the City and maintained by the City, if
such facility is solely associated with control of runoff from
Weyerhaeuser Way.
15. Impact Fees. The City shall not impose any impact or
development fees in connection with any future development of
the Property except as allowed by State law. The parties agree
that the first 300,000 square feet of Additional Development
within the Corporate Park zone shall be deemed to have no
significant adverse impact, and shall not be subject to any on-
site traffic development fees or mitigation, except as otherwise
provided in this Agreement. The City shall comply with all
requirements of RCW 82.02, FWC Section 19-46, and any other
applicable laws. The city agrees that development of the
Property may be subject to an off-site "pay and go" system,
under which payment of the applicant's Fair Share Impact Fee
constitutes full off-site mitigation, and shall satisfy any
concurrency requirement under the Growth Management Act. Actual
construction of the improvement shall not be required where the
requirement is for the applicant to pay a proportion pro rata
contribution. At the applicant's option, however, it may
undertake any such improvement at its own cost in which case it
will be entitled to a latecomer's agreement to reimburse it for
costs incurred in excess of its Fair Share Impact Fee. To the
extent consistent with State law, any such construction
undertaken by the applicant shall not be deemed a public works,
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and shall not be subject to public bidding, prevailing wage or
other public works laws.
16. Time of Essence. Time is of the essence of this
Agreement and of every provision hereof.
17. Effective Date. This Agreement shall become effective
upon the effective date of a City Ordinance approving this
Agreement.
18. Term of Aqreement. This Agreement shall remain in
full force and effect until terminated by mutual agreement of
the parties.
19. 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.
20. 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.
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21. 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.
22. 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.
23. 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, provided successors and assigns of Weyerhaeuser to any
portion of the Property shall assume the benefits and
responsibilities of this Agreement as it applies to that
specific portion of the Property.
24. Severability. Nothing contained in this Agreement
shall be construed so as to require the commission of any act
contrary to law, and whenever there is any conflict between any
provision contained in this Agreement and any present or future
statute or law, ordinance or regulation or judicial ruling or
governmental decision with the force of law contrary to which
the parties have no legal right to contract, the latter shall
previal, but the provision of this Agreement which is affected
shall be limited only to the extent necessary to bring it within
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the requirements of such law, ruling or decision without
invalidating or affecting the remaining provisions of this
Agreement.
Executed the day and year first above written.
CITY OF FEDERAL WAY
By
~//~ it~ Clerk ' '.
Approved as to
City Attorney
WEYERHAEUSER COMPANY
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STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this -~q~day-- of~"~U~'~- , 1994, before me, the
undersigned, ~N---~ry Public i~and for the S~ate of Washington,
duly commissioned and sworn, personally appeared Kenneth E. Nyber§,
to me known to be City ~anager of the City of Federal Way,
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 was authorized
to execute said instrument.
WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day
and year first above written
STATE OF WASHING~N )
) SS.
CO~TY OF KING )
On this 17~ day of ~U,Oa5~ , 1994, before me, the
undersigned, a Notary Public in and for the State of Washington,
duly co~issioned and sworn, personally appeared~h~.Crdg~,~Jr. ,
to me known to be ~s;d~* ~ c~0 of Weyerhaeuser Company, the
corporation that executed the foregoing inst~ment, 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.
NOTARY PUBLIC in and for the
State~ o~ Wa,shington, residing
at 'N~./~ ~6J~ .
My cgmmission e~pires /~z~.
E, fee,,
WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day
and year first above written.
NOTAR~/P BLIC in and for the
Stat~_o,f Wa.s.hfington, residing
at
My commission expires )0/~,/~.~ .
- 17 -
EXHIBIT A-1
Legal Description for Property Owned by Weyerhaeuser Company
[Entire Property:]
[By Zone:]
ESM inc.
A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM'
East Campus
Job No. 191-41-930-001
Revision of April 1, 1994
LEGAL DESCRIPTION FOR
PROPOSED ANNEXATION TO THE CITY OF FEDERAL WAY
Parcel i
That portion of the west half of the northwest quarter AND
of the northwest quarter of the southwest quarter of Section
15; AND of the northeast quarter AND of the southeast
quarter of Section 16; AND of the northeast quarter AND of
the east half of the northwest quarter AND of the northeast
quarter of the southwest quarter AND of the north half of
the southeast quarter cf Section 21; AND of the west half of
the southwest quarter kND of the west half of the northwest
quarter AND of the northeast quarter of the northwest
quarter of Section 22, all in Township 21 North, Range 4
East, W.M., more particularly described as follows:
BEGINNING at the north quarter corner of said Section 22;
THENCE southerly along the north-south centerline of said
Section to the-southerly margin of"State Route 18;
THENCE southwesterly along said southerly margin to the east
line of the west half of the northwest quarter of said
Section 22;
THENCE southerly along said east line to the northeast
corner'of the northwest quarter of the southwest quarter of
said Section 22;
THENCE southerly along the east. line of said northwest
qUarter of the southwest quarter' to the north line of the
south 100 feet of said subdivision;
THENCE westerly along said north line to the west line of
the east 200 feet of said subdivision;
THENCE southerly along said west line to the south line of
said subdivision;
THENCE westerly along said south line to a point lying
N 89°20'48'' E, 910 feet from the northwest corner of said
subdivision, as measured along the north line thereof;
THENCE S 26°35' W, 345 feet;
34004 9th Ave. So., 81dg. A - Federal Way, Washington 98003
FederaJ ~y (206) 838-611 ] - Yacoma (206) 927~]619 - Searle (2061'623-59] 1 Fax: (2061838-?704
East Campus
Revision of April 1, 1994
Page 2
THENCE S 04°45' W, 183 feet, more or less to the easterly
extension of the centerline of So. 349th Street;
THENCE westerly along said easterly extension and said
centerline to the southerly extension of the westerly margin
of 32nd Avenue South;
THENCE northerly along said southerly extension and said
westerly margin to the south line of the north half of the
southeast quarter of said Section 21;
THENCE westerly along said south line to said southerly
margin of State Route 18;
THENCE westerly along said southerly margin to the west line
of said southeast quarter;
THENCE northerly along said west line to the northerly
margin of said State Route 18;
THENCE in a general northerly direction along said northerly
margin of State Route 18 and along the easterly margin of
Interstate Highway 5 to the southerly margin of So. 320th
Street;
THENCE in a generally easterly direction along said
southerly margin to the east line of the northwest quarter
of the northwest quarter of said Section 15;
THENCE southerly along said east line to the southeast
corner of said subdivision;
THENCE westerly along the south line of said northwest
quaz-te~ of the northwest quarter-'to the northwesterly corne~
of Tract 8 of the unrecorded plat of "Golden's North Lake
Tracts";
THENCE southerly along the westerly line of said. unrecorded
plat to the ordinary high water of North Lake;
THENCE. southwesterly, southerly, and southeasterly along
said line of ordinary high water to the easterly line of Lot
5 of the plat of "Louise's North Lake Tracts" as filed in
Volume. 40 of Plats, Page 23, Records of King County,
Washington;
THENCE southerly along said easterly to the northerly margin
of South 337th Street;
THENCE easterly along said northerly margin to the
northwesterly margin of 33rd Place South;
East Campus
Revision of April 1, 1994
Page 3
THENCE northeasterly along said northwesterly margin to the
westerly extension of the northerly line of Lot 27 of tlle
unrecorded plat of "Richard's North Lake Acres";
THENCE easterly along said westerly extension and the
northerly line of said Lot 27 to the norttleasterly corner
thereof;
THENCE northeasterly along the westerly line of Lots 21, 22,
and 23 of said unrecorded plat to the northwesterly corner
of said Lot 21;
THENCE easterly along the northerly line said Lot 21 AND
along the north line of the northwest quarter of said
Section 22 to the POINT OF BEGINNING.
EXCEPT the following described parcels:
Lot 13 of said plat of "Louise's North Lake Tracts";
That portion conveyed to Puget Sound Power and Light
Company by deed dated December 30, 1969;
The westerly 7/12tbs of the following described parcel:
The south 920 feet of the southwest quarter of the
northwest quarter lying southeasterly of SR-18 EXCEPT
the. west 700 feet thereof AND EXCEPT County road;
Lots 12 and 20 through 27 of said unrecorded plat of
"Richard's North Lake Acres" INCLUDING a portion of the
vacated road lying westerly of said Lot 12 that would
attach by operation of law;
That property conveyed to the State of Washington
Department of Game by Warranty and Easement Deed filed
under King County Recording No. 8204160626;
TOGETHER WITH any portion of North Lake and Lake Killarney
that would attach to the above by operation of law.
EXHIBIT
Map of Property Owned by Weyerhaeuser Company
(Areas Designated "Parcel 1")
ESM inc.
A CIVIL 15NG!NEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM
East Campus
Job No. 191-41-930-002
Revision of May 19, 1994
LEGAL DESCRIPTION FOR
PROPOSED "CP-i" ZONING
That portion of the south half of the northwest quarter AND
of the northwest quarter of the southwest quarter of Section
15; AND of the northeast quarter AND of the southeast
quarter of Section 16; AND of the northeast quarter AND of
the east half of the northwest quarter AND of the northeast
quarter of the southwest quarter AND of the southeast
quarter of Section 21, all in Township 21 North, Range 4
East, W.M., King County, Washington, more particularly
described as follows:
BEGINNING at the intersection of the south line of the north
200 feet of the south half of the northeast quarter of said
Section 16 AND the easterly margin of Interstate Highway 5;
THENCE easterly along said southerly line to the east line
of said subdivision;
THENCE easterly along the south line of the north 200 feet
of the southwest quarter of the northwest quarter of said
Section 15 to the easterly margin of Weyerhaeuser Way South;
THENCE southwesterly along said easterly margin to the most
northerly corner of that property conveyed to the State of
Washington Department of Game by Warranty and Easement Deed
filed under King County Recording No. 8204160626;
THENCE continuing along said easterly margin of Weyerhaeuser
Way South, also being the westerly line of said property
conveyed to the State of Washington Department of Game,
52.01 feet;
THENCE in a generally southerly direction along the westerly
line of said property conveyed to the State of Washington
Department of Game to the line of ordinary high water of
North Lake;
THENCE southwesterly, southerly, and southeasterly along
said line of ordinary high water to the northerly line of
the plat of "Louise's North Lake Tracts" as filed in Volume
40 of plats, Page 23, Records of King County, Washington;
34004 9th Ave. So., 81dg. A - [-ederal Way, Washington 98003
Federal Way (206) 838-6~ ! 3 - Tacoma (206) 927-0619 - f;c,a~fl,~ ~n~,~ ~ ~ ~ .....
-k
:/
SR
EXISTING
ZONING
PARCEl. I
:eption~
SR (MP-P)
IM, ACEI. I
ESM inc.
A CIVIL ENG!NEERING, LAND SURVEY, AND PROJECT i%4ANAGEMENT CONSULTING FIRM
East Campus
Job No. 191-41-930-002
Revision of May 19, 1994
LEGAL DESCRIPTION FOR
PROPOSED "CP-i" ZONING
That portion of the south half of the northwest quarter AND
of the northwest quarter of the southwest quarter of Section
15; AND of the northeast quarter AND of the southeast
quarter of Section 16; AND of the northeast quarter AND of
the east half of the northwest quarter AND of the northeast
quarter of the southwest quarter AND of the southeast
quarter of Section 21, all in Township 21 North, Range 4
East, W.M., King County, Washington, more particularly
described as follows:
BEGINNING at the intersection of the south line of the north
200 feet of the south half of the northeast quarter of said
Section 16 AND the easterly margin of Interstate Highway 5;
THENCE easterly along said southerly line to the east line
of said subdivision;
THENCE easterly along the south line of the north 200 feet
of the southwest quarter of the northwest quarter of said
Section 15 to the easterly margin of Weyerhaeuser Way South;
THENCE southwesterly along said easterly margin to the most
northerly corner of that property conveyed to the State of
Washington Department of Game by Warranty and Easement Deed
filed under King County Recording No. 8204160626;
THENCE continuing along said easterly margin of Weyerhaeuser
Way South, also being the westerly line of said property
conveyed to the State of Washington Department of Game,
52.01 feet;
THENCE in a generally southerly direction along the westerly
line of said property conveyed to the State of Washington
Department of Game to the line of ord'inary high water of
North Lake;
THENCE southwesterly, southerly, and southeasterly along
said line of ordinary high water to the northerly line of
the plat of "Louise's North Lake Tracts" as filed in Volume
40 of plats, Page 23, Records of King County, Washington;
34004 9th Ave. So., 81dg. A - Federal Way, Washington 98003
Federal Wa,,, (206) 838-6113 - Tacoma (206) 927-0619 -
East Campus
Revision of May 19, 1994
Page 2
THENCE southeasterly along said northerly line to the
northeasterly corner of Lot 5 of said plat;
THENCE southerly along the easterly line of said Lot 5 to
the northerly margin of South 337th Street;
THENCE easterly along said northerly margin to the
northwesterly margin of 33rd Place South;
THENCE northeasterly along said northwesterly margin to the
east line of said Section 21;
THENCE southerly along said east line to the east quarter
corner of said Section 21;
THENCE southwesterly to a point on the southerly margin of
State Route 18 being 280 feet southeasterly of Station
L 66+00 as shown on Washington. State Highway Commission
Department of Highway Plan "SR 18 MP 0.18 to MP 1.21 JCT.
SR 5 to So. 344th Street Interchange" dated July 10, 1969;
THENCE in a generally westerly direction along said
southerly margin to the west line of the southeast quarter
of said Section 21;
THENCE northerly along said west line to the easterly margin
of Interstate Highway 5;
THENCE in a generally northerly direction along said
easterly margin to the POINT OF BEGINNING.
See attached Exhibit "E".
Written by:
Checked by:
L13:1914111
C.A.G.
R.S.M.
EXHIBIT B
Zoning Designations Map
~30th~ST.
1.
· 336TH ~T
//
OFFIC
(Ol
3~0TI4
PARK
~)
ST.
OFFICE
(oP-~)
~o)
PROPOSED
YERItAEUSER' ANNEXATION
EXHIBIT B
ZONING DESIGNATIONS.
SCALE: 1"= 1,200' 1994
$. 338TH ST
)RPORATE
N
SINGLE FAMILY
NTIAL
(RS-~,O00)
ST
PARK
S. 342ND ST
IS. 344TH S
S. 349TH ST
S. 35~ND ST
OlS DIVISION
EXHIBIT C
Corporate Park Zone (CP-1)
EXHIBIT 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
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.
2.
3.
Site plan
Landscaping plan
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.
2.
3.
4.
5.
6.
7.
8.
e
10.
11.
Managed forest
Planted meadows
Floral displays and bedding plants
Water features, such as lakes, ponds or fountains
Pedestrian paths up to ten (10) feet in width
Exercise structures such as par courses
Horticultural exhibits
Perpendicular access roads and driveways up to
thirty (30) feet in width, serving permitted uses
on the property
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
Gates or fencing, when necessary for security,
public safety, or to protect landscaping
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 iow-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 X. 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. Lan4scapi~g.
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-ii
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 XIZ. Environmentally Sensitive Areas.
A. General. Any portions of the CP-1 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 XIII. 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 XIV. 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.
2. Corporate identification signs, and signs
identifying principal uses within a CP-1 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
EXHIBIT' 'E'
TO ACCOMPANY LEGAL DESCRIPTION
PROPOSED "CP-I" ZONING
A PORTION OF SECTIONS 15, 16 AND 21,
TWP. 21 N,, RGE 4. E., W,M,
KING COUNTY, WASHIN(~TON
NOTE :
SECTION LINES AND CORNERS
ARE SHOWN HEREON APPROXIMATELY
AS AN AID IN LOCATING THE
PROPERTY AND ARE NOT BASED
UPON AN ACTUAL SURVEY.
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South JJSth Street
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34004 gf.h AV~I~I~' ~0., BLD0, A
I~£OL~'I~R~, WAY. WA~HINO'I'ON .~.0003
POINT
OF
BEGINNING
JOB NO. 191-41-930-002
DRAWING NAME : EXH-E
DATE : 05-19-94
DRAWN : C.A.G.
SHEET 1 OF 1
EXHIBIT D
Office Park Zone (OP-1)
EXHIBIT D
Office Park Zone (OP-1)
Section I. Purpose and Objectives.
This Office Park Zone (OP-1) 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-1) 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-1 Zone conflict with other provisions of City codes, the
OP-1 Zone provisions shall prevail. After the date of the
attached Agreement, any change in city codes referenced in this
D-1
Agreement shall not be deemed to modify 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 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
10. School facilities
D-2
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.
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-1
D-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 of the
FWC. Article XVIII, Signs, Chapter 22 of the FWC, shall not
apply to religious insignia or signs, such as crosses, which are
part of and integrated into a building occupied by a non-profit
organization. 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-1 designated property adjoins a
low-density zone. East of Weyerhaeuser Way S., north of SR-18,
and south of North Lake, a 40-foot wide natural buffer shall
screen the Property from adjacent residential-zoned property,
and retail sales and convenience services shall be primarily
designed to cater to employees of corporate 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
D-4
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
shall be required by the City, except as required for new
construction:
1.
2.
3.
Section V.
Site plan
Landscaping plan
Wetland survey
New Development Bouth of BR-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
D-5
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:
- Business and professional offices;
- Corporate headquarters and research
facilities;
- Public office buildings, art galleries,
museums, churches, and libraries;
- 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;
D-6
- 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
established catering 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
possible incorporate existing vegetation into the
landscaping plan.)
6. Pedestrian and bicycle pathways shall be major
features in office park developments. Buildings and
D-7
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 typ~s of business signs allowed in the
city's BN Zone are allowed in office park developments,
provided religious insignia or signs, such as crosses,
shall be allowed.
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. 32nd Avenue South (Weyerhaeuser Way south of
SR-18) is a collector arterial which requires a dedication
of right-of-way adjacent to any development sufficient to
provide thirty feet from its centerline. South 344th
Street is a local access road and will require dedication
of enough right-of-way adjacent to any development
sufficient to provide twenty-four feet from its centerline.
D-8
11. There is a Significant (no. 2) Wetland on
portions of this area. Development proposals shall comply
with the requirements of Chapter 22, Article XIV
(Environmentally Sensitive Areas) of the FWC, except as
modified by this Agreement.
12. Public pedestrian and bicycle access shall be
provided to and along Lake Killarney.
13. Retain the existing character of the area in the
architectural treatment of buildings and grounds.
14. Building setbacks from Lake Killarney's ordinary
high water mark shall be no less than 100 feet in order to
protect the natural state of the riparian and nesting
areas. There shall be no significant removal or alteration
of the existing trees and vegetation within this 100-foot
buffer. A 40-foot wide natural buffer shall screen the
other sides of the property from surrounding residential
properties, except along 32nd Avenue South (Weyerhaeuser
Way south of SR-18) where a 25-foot landscaped width shall
be permitted.
15. 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.
D-9
16. Noise generated by the facility shall not measure
more than 55 dB. at Lake Killarney's ordinary high water
mark.
17. There shall be no direct lighting past the
property line.
18. The maximum illumination at Lake Killarney's
ordinary high water mark shall not exceed 30-foot candles
to minimize light reflection across the lake.
The height limitation for buildings shall be 60
19.
feet.
20.
The city shall notify all property owners and/or
residents living around Lake Killarney of any development
request of property along the lake.
21. 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.
22. Additional conditions may be imposed as
mitigating measures on office park developments during the
environmental review and site plan review process.
D-10
Section VI. Enviro-mentally 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 ~evelopment 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
wherever possible, alternative mitigations conforming to
OP-1 development standards shall be preferred.
D-11
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
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
D-12
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
D-13
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;
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
D-14
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;
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;
D-15
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 VII. Subdivisions Within the OP-~ Zone.
The requirements of RCW 58.17 and Chapter 20, Article II,
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-1 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
D-16
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.
323~63
D-17
ESM inc.
ACIVIL[NGINEERING, LANDSURVE~ANDPROJECTMANAGEMENTCONSU~INGFIRM
East Campus
Job No. 191-41-930-002
Revision of August 3, 1994
LEGAL DESCRIPTION FOR
PROPOSED "OP-i" ZONING
That portion of the southeast quarter of Section 21; AND of
the west half of the southwest quarter AND of the northwest
quarter of Section 22, all in Township 21 North, Range 4
East, W.M., King County, Washington, more particularly
described as follows:
BEGINNING at the north quarter corner of said Section 22;
THENCE southerly along the north-south centerline of said
section to the southerly margin of State Route 18;
THENCE southwesterly along said southerly margin to the east
line of the west half of the northwest quarter of said
Section 22;
THENCE southerly along said east line to the northeast
corner of the northwest quarter of the southwest quarter of
said Section 22;
THENCE southerly along the east line of said northwest
quarter of the southwest quarter to the north line of the
south 100 feet of said subdivision;
THENCE westerly along said north line to the west line of
the east 200 feet of said subdivision;
THENCE southerly along said west line to the south line of
said subdivision;
THENCE westerly along said south line to a point lying
N 89020'48'' E, 910 feet from the southwest corner of said
subdivision, as measured along the south line thereof;
THENCE S 26035'00'' W, 345 feet;
THENCE S 04045'00'' W, 183 feet, more or less, to the
easterly extension of the centerline of South 349th Street;
THENCE westerly along said easterly extension and said
centerline to the southerly extension of the westerly margin
of Weyerhaeuser Way South;
34004 9th Ave. So., Bldg. A · Federal Way, Washington 98003
Federal Way (206) 838-6113 · Tacoma (206) 927-0619 · Seattle (206) 623-5911 Fa×: (206) 838-7104
East Campus
Job No. 191-41-930-002
Revision of August 3, 1994
Page 2
THENCE northerly along said southerly extension and said
westerly margin to the south line of the north half of the
southeast quarter of said Section 21;
THENCE westerly along said south line to said southerly
margin of State Route 18;
THENCE northeasterly along said southerly margin to a point
280 feet southeasterly of Station L 66+00 as shown on
Washington State Highway Commission Department of Highway
Plan "SR 18 MP 0.18 to MP 1.21 JCT. SR 5 to So. 344th
Street Interchange" dated July 10, 1969;
THENCE northeasterly to the west quarter corner of said
Section 22;
THENCE northerly along the west line of the northwest
quarter of said Section 22 to the westerly extension of the
southerly line of Lot 12 of the unrecorded plat of
"Richard's North Lake Acres";
THENCE easterly along said westerly extension and said
southerly line of Lot 12 to the westerly line of Lot 17 of
said unrecorded plat;
THENCE northerly along said westerly line to the
northwesterly corner of said Lot 17;
THENCE easterly along the northerly lines of Lots 17, 18 and
19 of said unrecorded plat to the northeasterly corner of
said Lot 19;
THENCE northerly along the easterly line of Lot 20 of said
unrecorded plat to the north line of said northwest quarter;
THENCE easterly ~long said north line to the POINT OF
BEGINNING.
EXCEPT 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;
ALSO EXCEPT any portion thereof lying northerly of State
Route 18 AND lying southerly of the following described
line:
East Campus
Job No. 191-41-930-002
Revision of August 3, 1994
Page 3
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 62o01'45" E along said former northwesterly
margin a distance of 415.31 feet;
THENCE N 52o48'00" E along said former northwesterly
margin a distance of 768.95 feet;
THENCE N 39o29'26" W a distance of 226.84 feet;
THENCE N 88o46'49" W a distance of 817.08 feet to said
former easterly margin of 32nd Avenue South AND the
terminus of said line.
TOGETHER WITH that portion of the northwest quarter of the
northwest quarter AND of the southwest quarter of the
northwest quarter of Section 15 AND of the northeast quarter
of Section 16, all in Township 21 North, Range 4 East, W.M.,
King County, Washington, more particularly described as
follows:
BEGINNING at the intersection of the south line of the
north 200 feet of the south half of the northeast
quarter of said Section 16 AND the easterly margin of
Interstate Highway 5;
THENCE in a generally northerly direction along said
easterly margin of Interstate Highway 5 to the
southerly margin of So. 320th Street;
THENCE in a generally easterly direction along said
southerly margin to the~east line of the northwest
quarter of the northwest quarter of said Section 15;
THENCE southerly along said east line to the southeast
corner of said subdivision;
East Campus
Job No. 191-41-930-002
Revision of August 3, 1994
Page 4
THENCE westerly along the south line of said northwest
quarter of the northwest quarter to the northwesterly
corner of Tract 8 of the unrecorded plat of "Golden's
North Lake Tracts";
THENCE southerly along the westerly line of Tracts 8
through 3, inclusive, of said unrecorded plat to the
northerly line of that property conveyed to the State
of Washington Department of Game by Warranty and
Easement Deed filed under King County Recording No.
8204160626;
THENCE westerly and northwesterly along said northerly
line of Deed to the easterly margin of Weyerhaeuser Way
South;
THENCE northeasterly along said easterly margin to the
south line of the north 200 feet of the southwest
quarter of the northwest quarter of said Section 15;
THENCE westerly along said south line to the east line
of said Section 16;
THENCE westerly along the south line of the north 200
feet of the south half of the northeast quarter of said
Section 16 to the POINT OF BEGINNING.
See attached Exhibit "C-K".
Written by: C.A.F.
Checked by: R.S.M.
1914120
~ //-0/-95
EXHIBIT 'CK"
TO ACCOMPANY LEGAL DESCRIPTION FOR THE FIRST AMENDMENT TO'
THE WEYERHAEUSER COMPANY "OP-I" ZONING
A PORTION OF $£CTION$ 15, '16, 21 AND 22,
TWP. 21 N., RGF 4 E., W.M.
KING COUNTY, WASHINGTON 9
NOTES :
SECTION LINES AND CORNERS
ARE SHOWN HEREON APPROXIMATELY
AS AN AID IN LOCATING THE
PROPERTY AND ARE NOT BASED
UPON AN ACTUAL SURVEY.
ZONING DESIGNATIONS WERE
PROVIDED BY HtLLIS, CLARK.
MARTIN & PETERSON IN
APRIL, 1994.
16
$. 354th St.
EXCEPTIONS
/
/
I0
15
I
I
~ CONILtLTINe ENGI#EEIll LLC r
JOB NO. 191-41-950-002
DRAWING NAME : EXH-CK
DATE : 04-20-99
DRAWN : C.A.F.
SHEET 1 OF 1
EXHIB~F "A-3"
TO ACCOMPANY LEGAL DESCRIPTION FOR PRCPOSE~-THE REST AMENDMENT TO
~{~:~-~-Z~N~THE WEYERHAEUSER COMPANY 'OP-I' ZONING
A PORTION OF SECTIONS 15. 16, 21 AND 22.
TWP. 21 N., RGE 4 E., W.M.
KING COUNTY. WASHINGTON
NOTES :
SECTION LINES AND CORNERS
ARE SHOWN HEREON APPROXIMATELY
AS AN NO IN LOCATING THE
PROPERTY AND ARE NOT BASED
UPON AN ACTUAL SURVEY.
ZONING DESIGNATIONS WERE
PROVIDED BY HlUJS, CLARK.
MARTIN & PETERS;ON IN
APRIL, 1994.
South 3.,~th Stre~
16
tO
EXCEPTIONS
NEED NEW COMPANY LOGO
JOB NO, 191-41-950-002
DRAWING NAME : EXH-CK
DATE : ~ - -
DRAWN :~'. C~ .'0~'~'g~-
SHEET 1 OF' I
EXHIBIT 'CK'
TO ACCOMPANY LEGAL DESCRIPTION FOR PROPOSED
"OP-I" ZONING
A PORTION OF SECTIONS 15, 16, 21 AND 22,
TWP. 21 N., RGE 4 E., W.M.
KING COUNTY, WASHINGTON J
NOTES :
SECTION LINES AND CORNERS
ARE SHOWN HEREON APPROXIMATELY
AS AN AID IN LOCATING THE
PROPERTY AND ARE NOT BASED
UPON AN ACTUAL SURVEY.
ZONING DESIGNATIONS WERE
PROVIDED BY HILLIS, CLARK,
MARTIN & PETERSON IN
APRIL, 1994,
$oufh 3JSth Street
\
\
EXCEPTIONS
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I
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I
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1 15--
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!
/
!
/
/
161 /
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10
$, J34th
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1,5,
22
im
, ESM inc.
34004 9th AVENUE $0., BLDG. A
FEDERAL WAY, WASHINGTON 98003
PHONE-' [206] 838--6113
JOB NO. 191-41-930-002
DRAWING NAME : EXH-CK
DATE : 08-05-94
DRAWN : C.A.G.
SHEET 1 OF 1