21-103294-UPV-First Amendment to Concomitant Zoning Agreement-08-06-2021-V11
FIRST AMENDMENT TO
CONCOMITANT ZONING AGREEMENT
This First Amendment to Concomitant Zoning Agreement (this “First Amendment”) is dated for
reference purposes July __, 2021, and is made and entered into by and between the CITY OF FEDERAL
WAY, a non-charter optional municipal code city incorporated under the laws of the State of Washington
(the “City”), and WINCO FOODS, LLC, a Delaware limited liability company (“Owner”).
RECITALS
A. The City and Quadrant Corporation, a Washington corporation (“Quadrant”) were parties to the
Concomitant Zoning Agreement dated July 24, 1990 (the “Concomitant Zoning Agreement”). The
Concomitant Zoning Agreement concerns a certain property as described in Exhibit A, a copy of which is
attached hereto. The property is located at 160 SW Campus Drive, on King County tax parcel 45920-
0710.
B. The Concomitant Zoning Agreement is binding upon all of the Owners of the property as
described herein as Exhibit A, and their heirs, successors in interest and assigns, and shall run with the
land described herein.
C. The City passed Ordinance No. 91-99, by City Council approval on June 4, 1991, with an
effective date of June 12, 1991. This ordinance was for rezoning an approximate 14 acres site, come to be
known as the subject property as described in Exhibit B, from a Single-Family Residential (RS 9.6) zone
to a Community Business (BC) zone with conditions: 1) On-site mitigations sufficient mitigate all
impacts of the development; 2) Off-site drainage mitigation measures at the maximum level anticipated
within the terms of the Concomitant Zoning Agreement; and 3) All other development conditions, and/or
obligations, and/or terms as contained in the Concomitant Zoning Agreement.
D. The Concomitant Zoning Agreement limits allowable uses on the property to those uses permitted
in the Neighborhood Business (BN) district and establishes specific development standards and
concomitants for: maximum building size; facade modulation; locations of parking; buffers; open space;
park development fees; and surface water improvements.
E. The Concomitant Zoning Agreement, Neighborhood Business (BN) and Community Business
(BC) zoning districts includes a grocery store as a permitted use. The Concomitant Zoning Agreement,
per Section 2B, provides exceptions to the City code building area that provides further limits as follows:
i) the development on the property of one grocery store of a size not to exceed 45,000 square feet gross
leasable area, and ii) the development on the property of one drug store of a size not to exceed 22,000
square feet gross leasable area, and iii) no vehicle service station use shall be permitted on the property.
WinCo has requested to amend the Concomitant Zoning Agreement, Section 2B, to include an additional
exception item iv, to allow for building additions not to exceed 16,000 square feet resulting in a total
building area not to exceed 86,000 square feet, including the existing covered front canopy area.
F. Subject property has been developed by the Owner with a WinCo Foods Store #43 utilizing the
allowable areas of both grocery and drug store square footage as per the Concomitant Zoning Agreement,
along with all associated on-site and off-site improvements under Building Permit # BLD99-0006.
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G. The Concomitant Zoning Agreement, per Section 3, allows of the agreement to be amended by
the City or the Owner by filing an application therefore, which shall be considered and heard in the same
manner as a City-initiated quasi-judicial rezone of the property. Such action shall not release the Owner
of the City from any obligations assumed under the Concomitant Zoning Agreement, unless and until
such amendment has been approved by the City.
H. A City initiated quasi-judicial rezone is treated as a non-project-related rezone and conducted
pursuant to procedures of a non-project-related Process V “Quasi-Judicial Rezone” in accordance with the
City of Federal Way Revised Code 19.75. Process V land use applications require a public hearing in
front of the Hearing Examiner, and written recommendation from the Hearings Examiner and final
decision from the City Council.
AGREEMENTS
The City and WinCo Foods, LLC agree to the following:
1. Amendments to the Concomitant Zoning Agreement. By way of application and approval process
for a City-initiated quasi-judicial, non-project-related rezone of the property, the Concomitant
Zoning Agreement is amended as follows:
A. Section 2B, Page 2 and 3. “Allowable uses on the property shall be limited to those set forth
in Chapter 40, Neighborhood Business District Regulations, of the Federal Way Zoning
Code, as the same now exists or may hereafter be amended, including provisions regulating
maximum square footage limitations on such uses, with the exceptions that:
( i ) Owner shall be permitted to develop on the property one grocery store of a size not to
exceed 45,000 square feet gross leasable area, and
( ii ) Owner shall be permitted to develop on the property one drug store of a size not to
exceed 22,000 square feet gross leasable area, and
( iii ) No vehicle service station use shall be permitted on the property, and
( iv ) Owner shall be permitted to construct a building addition to the existing grocery store
building not to exceed an additional 16,000 square feet, resulting in a total building area,
including the existing covered front canopy area, not to exceed 86,000 square feet.
Add exceptions 2B( iv ) to allow for future building addition not to exceed an additional
16,000 square feet, resulting in a total building area, including the existing covered front
canopy area, not to exceed 86,000 square feet.
[Signature page follows]
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IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Concomitant
Zoning Agreement as of the date set forth above.
CITY:
City of Federal Way
By: ________________________________
Name: ______________________________
Title: _______________________________
OWNER:
WinCo Foods, LLC
By: ________________________________
Name: ______________________________
Title: _______________________________
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EXHIBIT A
LEGAL DESCRIPTION
PARCEL A:
LOT A of City of Federal Way Boundary Line Adjustment No. 13-104768-00-SU, recorded December
24, 2013 under Recording No. 20131224900009, in King County, Washington.
PARCEL B:
LOT B of that certain Boundary Line Adjustment No. 13-104768-00-SU recorded on December 24, 2013
in Volume 305, Page 78, as Instrument No. 2013224900009 in the official records of King County,
Washington.
PARCEL B1:
Non-Exclusive easements contained in Declaration of Easements and Conditions, recorded April 24, 2000
under Recording No. 20000424000088 and amended by first amendment to Declaration of Easements and
Conditions recorded November 29, 2000 under Recording No. 20001129000245 which was Re-Recorded
January 10, 2017 under Recording No. 20170110000377 and as further amended by Second Amendment
to Declaration of Easements and Conditions recorded February 22, 2017 under Recording No.
20170222000604.
PARCEL C:
LOT D of that certain Boundary Line Adjustment No. 13-104768-00-SU recorded on December 24, 2013
in Volume 305, Page 78, as Instrument No. 20131224900009 in the official records of King County,
Washington.
APN: 415920-0710-08
APN: 415920-0715-03
APN: 415920-0725-01