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Ord 94-219When recorded mail to: / Chris Green, Deput� City Cler� THEFOL N r PAGESARE City of Federal Way � CERTIF OPIES. 33530 lst Way South BY Federal Way, WA 98003 TiT�E ORDINAN�CE NO. 94-219 AN ORDINANCE OF T8E CITY COIINCIL OF THE CITY OF FEDERAL WAY� WASHINGTON� ADOPTING PROPOSED ZONING REGOLATIONS DESIGNATING APPROBIMATELY 700 ACRES CONTIGIIOIIS TO THE CITY�S EASTERN R P R 1� (OP 1 RP0 OFFIC PARR N 2 (OP-2 ), OFFICE =�''��a � � .. �, PARR 3(OP-3), OR SINGLE FAMILY RESIDENTIAL�+C�ry � (RS-9600) AND AMENDING T8E OFFICIAL ZONING �'oFFy�s � HE� PROPERTY AND HE ITY�TMANAGER. �� C�r TO ENTER INTO THE CONCOMITANT PRE-ANNEBATION Ay ZONING AGREEMENTB (AMENDS ORDINANCE NO. 90- 43). WHEREAS, on April 7, 1994, pursuant to RCW 35A,14.120, � � CD � � � 'a' � Weyerhaeuser Company filed a Notice of Intention to Petition for Annexation to the City of Federal Way of approximately 700 acres, which property is legally described in Exhibit A attached hereto and incorporated by this reference (the °Subject Property"); and WHEREAS, on April 19, 1994, the City of Federal Way, having determined that Weyerhaeuser Company was the record owner of not less than 10� in assessed value of the Subject Property, as c�tified by the City Clerk, and that the Notice of Intention was ..:- l�gally sufficient in all other respects, accepted Weyerhaeuser Co�pany's Notice of Intention, and authorized the preparation of a � Pe�:tion for Annexation, and preparation of proposed zoning � re�ilations for the Subject Property; and � w aac � WHEREAS, on April 22, 1994, Weyerhaeuser Company submitted its � � Pet�tion for Annexation representing at least sixty percent (60�) w � in �ssessed valuation.of the Subject Property, as certified by the //�� .. _.' ,_._� �_ �.,' r�'� '�, p. C7 . . ._ . ... .._. _ . Cit� Clerk; and C //� o �� ORD � 94-219 , PAGE 1 � � . � N �% Li � � ORDINANCE NO. 94-219 AN ORDINANCE OF THE CITY COIINCIL OF THE CITY OF FEDERAL WAY� WASHINGTON� ADOPTING PROPOSED ZONING REGIILATIONS DESIGNATING APPROBIMATELY - 700 ACRES CONTIGQOIIS TO THE CITY�S EASTERN BOIINDARY, CORPORATE PARR ZONE (CP-1), OFFICE PARR 1(OP-1j, OFFICB PARR 2(OP-2), OFFICE PARR 3(OP-3), OR SINGLE FAMILY RESIDENTIAL (RS-9600) AND AMENDIN�3 T8L OFFICIAL ZONING MAP, TO BECOME EFFECTIVE IIPON ANN�BATION OF THE PROPERTY AND AUTHORIZINC� THE CITY MANAGER TO ENTER INTO T8E CONCOMITANT PItF-ANNE%ATION ZONING AGREEMENTS (AMBNDS ORDINANCE NO. 90- 43). WHEREAS, on April 7, 1994, pursuant to RCW 35A.14.120, Weyerhaeuser Company filed a Notice of Intention to Petition for Annexation to the City of Federal Way of approximately 700 acres, which property is legally described in Exhibit A attached hereto and incorporated by this reference (the "Subject Property"); and WHEREAS, on April 19, 1994, the City of Federal Way, having determined that Weyerhaeuser Company was the record owner of not less than 10� in assessed value of the Subject Property, as certified by the City Clerk, and that the Notice of Intention was legally sufficient in all other respects, accepted Weyerhaeuser Company's Notice of Intention, and authorized the preparation of a Petition for Annexation, and preparation of proposed zoning regulations for the Subject Property; and WHEREAS, on April 22, 1994, Weyerhaeuser Company submitted its Petition for Annexation representing at least sixty percent (60$) in assessed valuation of the Subject Property, as certified by the City Clerk; and ORD # 94-219 , PAGE 1 ORIGlNAL � . WHEREAS, it is anticipated that the Subject Property may be annexed by the City; and WHEREAS, the City has negotiated Concomitant Pre-annexation Zoning Agreements with Weyerhaeuser Company, with Puget Sound Power & Light Company, and with William J. Chase and Jeanette Chase, husband and wife, and the William J. and Jeanette Chase Living Trust, copies of which are attached hereto and incorporated herein by this reference (the "Concomitant Agreements"). WHEREAS, all environmental review required by the State Environmental Policy Act, RCW 43.21C has been completed; and WHEREA5, on June 7, 1994, the City Council and Planning Commission jointly held a public hearing, after public notice as required by law, on the adoption of the proposed Concomitant Agreements containing the zoning regulations for the majority of the Subject Property; and WHEREAS, the Planning Commission of the City of Federal Way, on June 15, 1994, recommended that in the event of annexation, the Subject Property be zoned pursuant to the zoning districts set forth in Exhibit B, "Zoning Designations," and attached to the Concomitant Agreements, as Exhibits C, D, E and F; and WHEREAS, on July 19, 1994, more than thirty days after the first public hearing as required by Federal Way City Code ("FWCC") Section 19-103(b), the City Council held a second public hearing, after public notice as required by law, on the adoption of the pre- annexation zoning regulations for the Subject Property and on the proposed annexation; and ORD # 94-219 , PAGE 2 � �J WHEREAS, FWCC Section 19-102 provides a process for establishing a zoning designation upon annexation of property which does not have a pre-established zoning designation; and WHEREAS, the Subject Property does not have a pre-established zoning designation in the City of Federal Way's Official Zoning Map; and WHEREAS, FWCC Section 19-104 authorizes the use of pre- annexation concomitant agreements to establish zoning designations; and WHEREAS, FWCC Section 19-103(b)(5) sets forth the decisional criteria to be considered by the City Council in connection with an initial zone classification; and WHEREAS, FWCC Section 19-104(g)(1) sets forth the decisional criteria to be considered by the City Council in connection with any proposed pre-annexation concomitant agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council hereby finds that the best interest and general welfare of the City will be served by annexing the Subject Property and further finds that designating the Subject Property as Corporate Park 1(CP-1), Office Park 1(OP- 1), Office Park 2(OP-2), Office Park 3(OP-3), and Single Family Residential (RS-9600), as set forth in E�chibit B, "Zoning Designations," in the Concomitant Agreements and Exhibits C, D, E, and F to the Concomitant Agreements, will promote the health, safety and welfare of the citizens of the City of Federal Way. The ORD # 94-219 , PAGE 3 � • City Council further finds that there is no pre-established zoning designation in the City of Federal Way's Official Zoning Map for the Subject Property. The City Council adopts the findings of the Planning Commission with respect to both the annexation action and the Concomitant Agreements contained in the Planning Commission's Recommendation dated July 12, 1994, on Zoning, Comprehensive'Plan and Annexation of the Weyerhaeuser Annexation. Section 2. Conclusions. Pursuant to FWCC Sections 19- 103(b)(5) and 19-104(g)(1), the Federal Way City Council makes the following Conclusions of Law with respect to the Decisional Criteria necessary to approve an initial zone classification and to approve the proposed Concomitant Agreements: (A) The proposed Concomitant Agreements will have a beneficial effect upon the community and users of the development which would not normally be achieved by traditional application of the City zoning districts and will not be detrimental to existing or potential surrounding land uses as defined by the Comprehensive Plan because users will be provided the flexibility in the Concomitant Agreements to attract other large corporate users to the area or to continue current operations. The Concomitant Agreements provide the City with the benefit of additional revenues, jobs (both direct and indirect), and other economic benefits from potential development under the Concomitant Agreements. Further, the City will enjoy the indirect benefits of name� 0 � � 94-219 , PAGE 4 � � recognition from association with the world headquarters for Weyerhaeuser Company. (B) Unusual environmental features of the site will be preserved, maintained and incorporated into the design to benefit the development in the community because the Subject Property has widely recognized natural features ranging from North Lake and Lake Killarney to the Weyerhaeuser Bonsai Collection and Rhododendron Garden which attracts visitors on an international scale. The Concomitant Agreements will provide property owners the means to preserve and protect these natural features as well as providing the City with the ability to ensure that all natural features are adequately protected. (C) The Concomitant Agreements provide for areas of openness because any development in the corporate headquarters area is low density characterized by large expanses of open space. The character of the Subject Property will be preserved under the Concomitant Agreements. (D) The Concomitant Agreements and the initial zone classification of RS-9600 are consistent with the comprehensive plan, are consistent with all applicable provisions of the Federal Way City Code, and are consistent with the public health, safety and welfare. Section 3. �onin� Desiqnations. The Subject Property, legally described in Exhibit A, is hereby designated, in the event of the future annexation thereof to the City of Federal Way, as ORD # 94-219 , PAGE 5 . � Corporate Park Zone (CP-1), Office Park Zone 1(OP-1), Office Park Zone 2(OP-2), Office Park Zone 3(OP-3), and Single Family Residential (RS-9600), as more particu�larly described in Exhibit B, "Zoning Designations," in the Concomitant Agreements and Exhibits C, D, E, and F to the Concomitant Agreements. Section 4. Amendment to Zoninq Map. The Official Zoning Map of the City of Federal Way shall be amended to show the proposed zoning classifications for the Subject Property described in Section 3 hereof, and the Planning Manaqer is hereby authorized and directed to make such changes to such Official Zoning Map upon annexation. Section 5. Effective Date of Zoning Desiqnations. The proposed zoning regulations and map amendments described in Sections 3 and 4 hereof shall become effective upon annexation to the City of Federal Way of the Subject Property, or upon annexation of any portion thereof as to the portion annexed, upon the effective date of such annexation. Section 6. King County Auditor. The City Manager shall file a copy of this Ordinance, duly certified as a true copy, with the King County Auditor, pursuant to RCW 35A.14.340. Upon annexation, the Planning Manager shall make the amendment to the Official Zoning Map of the City of Federal Way to show the designations for the Corporate Park Zone (CP-1), Office Park Zone 1(OP-1), Office Park Zone 2(OP-2), Office Park Zone 3(OP-3) and the interim designation for Single Family Residential (RS-9600) ORD # 94-219 , PAGE 6 � � zone, and shall file a copy, duly certified as a true copy, with the King County Auditor, pursuant to RCW 35A.14.340. Section 7. Concomitant Aqreements. The City Manager is authorized by the City Council to enter into the Concomitant Agreements and take all further and necessary action required by the Concomitant Agreements. Section 8. Environmental Review. The City herewith designates this Ordinance as a basis for the City's exercise of authority under FWCC Section 18-122 and under the State Environmental Policy Act, and by this reference incorporates this Ordinance within the provisions enumerated at FWCC Section 18- 122 (d) . Section 9. Severabilitv. The provisions of this Ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this Ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the Ordinance, or the validity of its application to other persons or circumstances. Section 10. Ratification. Any act consistent with the authority and prior to the effective date of this Ordinance is hereby ratified and affirmed. ORD # 94-219 , PAGE 7 . � Section 11 . Effective Date This Ordinance shall be effective thirty (30) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this �i�� day of �(��I�(� , 1994. CITY OF , .....,.....�.. .� .,..�....,a, APPROVED AS TO FORM: FILED WITH THE CITY CLERK: J��y 26, 1994 PASSED BY THE CITY COUNCIL: August 16, 1994 PUBLISHED: August 20, 1994 EFFECTIVE DATE: September 19, 1994 ORDINANCE NO. 94-219 K:\OROIN\NEYER.AN2 ORD # 94-219 , PAGE 8 "• , � ffiIBIT A � ESM inc. A CIVIL ENGINEERING, LAND SURVEY, AND PROIECT MANAGEMENT CONSULTING FIRM East Campus Job No. 191-41-930-001 Revision of June 7, 1994 LEGAL DESCRIPTION FOR PRQPOSED ANNEXATION TO THE CITY OF FEDERAL WAY 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 Section 21; AND of the west half of the southwest quarter AND of the west half of the northwest quarter AND of the northeast quarter of the �orthwest 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 l8; 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; 34004 9th Ave. So., Bldg. A• Federal Way, Washington 98003 Federal Way (206) 838-6113 • Tacoma (206) 927-0619 • Seatde (206) 623-5911 • Fax: (206) 838-7104 • � � . - East Campus Revision of June 7, 1994 Page 2 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 E, 910 feet from the southwest corner of said subdivision, as measured along the south line thereof; THENCE S 26 00�� W, 345 feet; - THENCE S 04 W, 240 feet; THENCE S 20 W, 255 feet; THENCE southwesterly to a point on the south line of said southwest quarter of the southwest quarter, 275 feet east of the southwes� corner thereof; THENCE westerly, along said south line, 275 feet to said southwest corner; THENCE northerly along the west line of said southwest quarter of the southwest quarter to the northerly shore line of Lake Killarney as shown on the plat of �'East Tacoma Central Addition" as per plat filed in Volume 4 of Plats, Page 26, Records of King County, Washington; THENCE westerly along said northerly line to the west line of the east 26 feet of the southeast quarter of said Section 21; THENCE northerly along said west line to the easterly extension of the northerly line of Block 10 of said plat; THENCE easterly along said easterly extension to the east line of said southeast quarter; . THENCE northerly along sa�d east line to the southerly margin of So�. 349th Street; East Campus Revision of Page 3 � June 7, 1994 • THENCE westerly along said southerly margin to the southerly extension of the westerly margin of 32nd Avenue South; THENCE northerly along said southerly extension to the northerly margin of So. 349th Street; THENCE westerly along said northerly margin to a line 10 ,. feet easterly of and parallel with the easterly line of Block 6 of said plat of ��East Tacoma Central Addition"; THENCE northerly along said parallel line to the easte�ly extension of the southerly line of Lot 7 of said Block 6; THENCE westerly along said easterly extension, said southerly line and the westerly extension thereof to the centerline of the alley in said Block 6; THENCE northerly along said centerline to the south line of the north half of said southeast quarter of Section 21; THENCE westeriy 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 t�iie southeast corner of said subdivision; • ' � • East Campus Revision of June 7, 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 sbutherly a��ng the westerly line of Tracts 8 through 3, inclusive, of said unrecorded plat to the ordinary high - water of North Lake; THENCE southwesterly, southerly, and southeasterly alor�g 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; THENCE southeasterly along said northerly line to the northeasterly corner of Lot 5 of said plat; THENCE southerl�r along the easterly line of said Lot 5 to the northerly margin of South 337th Street; THENCE easterly along said nortfierly margin to the northwesterly margin of 33rd Place South; THENCE northeasterly along said northwesterly margin to the westerly extension of the northerly line of Lot 27 of.the unrecorded plat of "Richard's North Lake Acres"; THENCE easterly along said westerly extension and the northerly line of said Lot 27 to the northeasterly 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. - '. � • East Campus Revision of June 7, 1994 Page 5 TOGETHER WITH any portion of North Lake and Lake Killarney that would attach to the above by operation of law. See attached Exhibit "A��. Written by: C.A.G. Checked' by : R. J. W_.�-_ ' 1914116 �• �� / � �,.� .�.... .�. , - /� i� .,i;. • EXHIBIT �A� TO ACCOMPANY LEGAL DESCRIPTION FOR ANNEXATION TO THE CI1Y OF FEDERAL WAY A PORTION OF SECTIONS 15, 16, 21 AND 22, TWP. 21 N., RGE 4 E., W.M. KING COUNTY, WASHINGTON I NOTE : SEC110N LINES AND CORNERS ARE SHOWN HEREON APPROXIMATELY AS AN /UD IN LOCATING THE PROPERIY AND ARE NOT BASEO UFON ATI ACTUAL SURVEY. PARCEL 1 1 South 336tA S1rost !' I � �__ I �M /�' i � PARCEL � Y 8 I i I= j� G,� • � ' � ��'� i I PARCEL 1 j� I ; � ' d i � � s � % ` i a t _' 21 — — — — � — 21 22— �� 1"=�'� � r� �S✓.f��th SY. �� i'1 � / / I i� i� jll i� i�� / �' ,,- ,.' ; r Pnac�. � - �� _/'�/ II! � PARCEL 9 PARCEL 5 . � PaHr BEGINN NG n ac� : r - �ooa JOB N0. 191-41-930-001 DRAWING NAME : EXW-A UATE : 06-07-94 DRAWN : C.A.G. SHEET 1 Of 1 � �O � Z � w � �i �C � �� .; � ' �. i j� �i i � i �.�� i i !_ _ — !L — — — —16i�i5— ;;� � I ,,' I i� i 1 � /� _ PARCEL 6 I � � — — 15 �� `� � � � �� t ,� � (i I � ^i � %=-_=_�� V I � � 33stA SY. . � � I15 �1 1' 11 7j"/ � PARCEL 2 ��' .. P � 7 1 PARCEL 1 �L--- -� `� `� PARCEL 8S ____ �• ` �� I '�/ r'�5 I .! ke� ----- _ t o — — —•o. i�� 15 �� i, �� i i � I i� t i� i�� t�� I / 16i15 • • EXHIBIT �Z� P� PROPOSED 20NING FOR EAST CAMPUS A PORTION 0� SECTIONS 15, 16, 21 AND 22, TWP. 21 N., RGE 4 E., W.M. KING COUNTY, WASHINGTON I ' 9 10�------- _ 10 16 15 i — — — — js �' ' NOTES : ; �� SECTION LINES AND CORNERS I q �i I ARE SHOWN HEREON APPROXIMATEIY O P I �j� AS AN AID IN LOCATING THE PROPERTY AND ARE NOT BASED i� UPON AN ACTUAL SURVEY. I �I� I � I �� ZONING DESIGNA710NS WERE ---------------�_____.,i � PROVIDED BY HILUS, CLARK, �� ; I MARTIN dc PETERSON IN APRIL. 1994. � %� � PARCEL t �ii �_ RS 9 6 00 � �' PARCEL 6 �i � — — — —16 15— — — 15 � i � CP-1 %� � �o, �,,i I �,oµ I ,� r � , � %%' c�� ; % ,� � ; i � ��, � � �; � � � � C �; ; � i �,,_ -- ,,,i � ,; ' � '�\ � �'.- -�°_�' L' I ; � \ ; I �� S 33�tth SL • � ii �� A'%� RS 9600 � ,, �e .�� s �s �;� �s South 336th Sfreet -- — — I' � � ai 2� 22 �� .. . i PARCEL 1 � PARCEI 2 �\`-- i PARCEL 7 ��• � � �� P,e�c�r. �� ; 1� � ` I % POINT �'� OF y i y O P ��' �V� BEGINNING I � ��_�� .-- i � CP-1 � P�CEL e � OP-2 � � � 5�' � OP-3 I ' a PARCEL t � � � � II i � � / i — 2 -- — — — � — 21 22 `� s�- a - j � � J � �S✓.�44th Sk i � � � � I '/ 'f ''' ,// . . �/ � ✓i ' ' ' OP-1 ,�'� .� � r �_�' �/� � i � PARCEL t _ — � �� ' � " (� ` C 10� SCALE : T � 'IOOd RS 9600 PAR9 EL �ti o0 �------�- PARCEL 5 JOB N0. 191-41-930-002 DRAWING NAME : EXH-ZP DATE : 06-13-94 DRAWN : C.A.G. SMEET 1 OF 1 I . ro W z � D < 24 TH S T. � � 3 r /- Q �+ � ti � . 330th ST. '? Vf j / ¢ �i ST. S. 336TH ST, � >. 3 � 2 � ti �ST. � � ? � , �i ST. I%: // S. 320TH ST. PROPOSED 19EYERHAEUSER ANNEXATION i EXHIBIT B OFFIC PARK � co — � ZONING DESIGNATIONS� SCALE: 1" = 1,200' A ril 1994 i��i�� i��i� i/ �i i ��//��j/��j%�j ji/� �i y � //•//r '�'i'�%��% ��i � '� ��i%f%%%' > � ��r �i i �r/ i, �ili�,ir�/ r/� �� i i �ii �i rr/ i� r a 9 v+ �� % ::/!ii/,� /��i/�i.,ii/; /!:r/.�/�jj __ � _ � �.�1 _ � �� ,� CO POR E P �IC �' - _ �; �_ � � ;% (C -1) �. %;� =- 9 2 `�� i i/i ii�ii�%/�i%�i%i�i /�'1� f -= = = 3 � � �� %/ % f%%/��i//j��//��/ �� ------ - �,/.�, Z ji% y f ��/�j�/�. �i%�i�%%� �� =-• .=�. _ iifj/ ///� j� ��/i��%j� �� __ �� _. _ �v,p� d jij'. %i ;�:i jj,i�; i � ___ a " �' ��.� ��!� �� _ _ ` � � � � / / %,/f�� ` f �%//� = . � ^� � ¢ ' � � -_ '��'��f'; �;��;� ' = o`� �' S1NG ^ � MILY /� � � f� i�% %� �%/�/% j%i - �� o� �/, `;�� fflf//�� _ _= RESID � 0, ��,� � � �� _= - 00) S � ti f f�� i��, fi�/��r -- - s' � % � ��ii � �� _= :" � ti� / f;�, ,; �: -_= _= Q .� %% �i == = �� ,P �1%�;�/,�� ,� . -==___ � _ _ �� j �� / / � � . �_� __- �/ %i%/`/�// j� — if/. �fti��// . /f _ — =_=_= — S. 338TH ST OFFICE P (OP-1) S. 342ND ST �� S. ? ICE PARK (OP-1) 49TH ST �-- SINGLE FAMILY =- - " N RESID NT1AL __ = � c, : (RS- 600) - d � ' -- ti y w E �,; _= •N _- � w == �-� � _ -= = y � a� o =� �' N v► W 1 a _ � .n v S. 349TH ST S. 352ND ST a.o. � ��/ GIS DIV[S[ON � � • E%HIBIT C � WEYERHAEUSER COMPANY CONCOMITANT PRE-ANNEXATION ZONING AGREEMENT THIS AGREEMENT, made and entered into this day of , 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, 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 • • 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 �eadquarters 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. �� • � 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 - 3 - • • Weyerhaeuser is not approved by the City, then Weyerhaeuser may withdraw its petition for annexation. � 2. City Processing of Annexation Petition. Following execution of this Pre-Annexation Zoning Agreement, the City agrees to submit expeditiously to the Washington State Boundary Review Board of King County ("BRB") a notice of intent to annex the 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)" 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)" Zone shall be subject to the development provisions and development standards attached hereto and incorporated as Exhibit D. 4. Comprehensive P1an Designation. 4.1 The City agrees that upon annexation of the property, the City Council shall lawfully establish an interim classification for the property on the City official Comprehensive Plan map. Pursuant to the FWC Section - 4 - i � 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 Agreemc�nt, 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 Pl�n designation for the property which is compatible with the zoninq agreed to in Section 3 of this Agreement shall be adopted by the City. 5. Shoreline Master Program Designation. 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 desiqnations is attached as Exhibit B. 5.2. The Gity aqrees 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 - 5 - � � along North Lake to an "Urban" designation, consistent with the remainder of the lake. 6. Growth Management Leqislation. 6.1. Urban Growth Area. The City acknowledges that the Property is currently characteriz�d 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 :� � • 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 Existinci 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 Aqreement. 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 - 7 - • � 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 Gity 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 _ g _ . � 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 Use Applications, shoreline permits, and binding site plan applications concurrently with the annexat�ion 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 Im.provement 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. Pavment of Citv's Processinq Costs. 12.1. The applicant agrees to pay any applicable City fees. �� 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 Farest 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- 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 - 12 - � • 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 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. 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; provid�d 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 - il - • • 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 far 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 Drainaae 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 - 10 - • i 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 applicab2e 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, - 13 - G • • 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 approvinq this Agreement. 18. Term of Agreement. 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 Aqreement 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. � - 14 - � • 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. Bindinq Effect. This Agreement shall run with the land and shall be binding upon and inure to the benef its 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. Severabilitv. 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 prevail, but the provision of this Agreement which is affected shall be limited only to the extent necessary to bring it within - 15 - � • 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 WEYERHAEUSER COMPANY By Its By Its Attest: City Clerk Approved as to form: Carolyn Lake City Attorney - 16 - • STATE OF WASHINGTON COUNTY OF KING ss. i On this day of , 1994, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be 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 was authorized to execute said instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. STATE.OF WASHINGTON COUNTY OF KING ss. NOTARY PUBLIC in and for the State of Washington, residing at • My commission expires On this day of , 1994, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be of Weyerhaeuser Company, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that was authorized to execute said instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. 322513 NOTARY PUBLIC in and for the State of Washington, residing at My commission expires . - 17 - � 0 � � ERHIBIT 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 witn 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-i) 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 provisicns 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. � r B. Development Setback. A continuous Managed Forest Buffer shall be provided around the entire perimeter of the CP-1 property. The reguired 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. Bpecial Provisions for the Manaqed 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 periodia'thinning, prunir►g-and replacement consistent with established forest management practices. Mixed varieties r• 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..Existinq 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 exi�ting 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. DeveZopment undertaken to comply with provisions of state and federal law shall be subject to the provisions of Section 22-340 (Compliance With Government Regulations) of the :. FWC. C. Existing site development is deemed to satisfy FWC requirements for the following, and no additional approvals shall be required by the City, except as required for new construction: 1. Site plan 2. Landscaping plan 3. Wetlands survey Section VI. New Development. New development requiring a development permit shall comply with requirements of the FWC for submittal of a site plan and a landscaping plan, except that, A. The required sit�...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 . � .�� i • the disturbed area. Proposed landscaping shall comply with Section XI (Landscaping) of this Agreement. Seation ViI. Permitted IIses on Those Portions of the CP-1 Zoned Property Lyinq Outside the Manaqed Forest Buffer. A. The following principal_uses are permitted outright subject to the provisions in Section 22-361 through -369 (Site P1an Rev3ew) of th� 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 li. 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. Ar.y 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 proc�ss associated with the principal use to r. which it is associated: l. Banking and financial services, provided the use is associated with corporate office use 2. Restaurants suppQrtive 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. Parkina 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 pernaitted uses pursuant to Section 22-946 of the FWC Section VIII. IIses on Those Portions of the Property Lyinq Aithin the Managed Forest Buffer. A. The following uses are permitted outright within the setback:- . � 1. " 2. 3. 4. 5. 6. 7. 8. 9. 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 _. r. 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. ' ��3'- , ' ,." � � 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 ciiscretion of the designated Forester, _ H provided the landscaping standards of this Agreement are met and the integrity of the surface water function is preserved. section IX. Heights. Heights for structures are as follows: A. A height limit of six stories is imposed, provided if approved through Process II, Article VII, Chapter 22, of the FWC, the height of a structure may exceed six stories above average building elevation if 1. the site of the proposed building does not adjoin a low-density zone; , 2. the proposed height does not black ahy 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 8. General Development Conditions. A. General. Provisions of the FWC _elating 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. l. 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 r.laterial and f�nish, and may be ext�nded 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(Fen�es), of the FWC. 3. Signs shall comply with Section XV (Signs) of this Agreement. � Section �I. Landscapinq. � - 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-i zone. c-ii � i 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. Parkirig 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 preferr.ed. 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. � Seation %II. 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. r� �.J Existing development and practices, including maintenance, on the Property are deemed to C-12 .. � . � � � 0 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 Ser�sitive 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 K 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 . i � • 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 exi�t. E. Rehabilitation. T�e 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 exterid 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 : ' ,,, ' • • 0 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 salmc�nid 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 FWE and requirements of this pigreement: 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 .. � .. ' . � 0 0 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 individu�lly 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 elevatiori 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. Nornial 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 building footprint and reasonable practices are utilized to restore any disturbed area; C-16 .. � � � • 0 �.�I 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 K 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 �t . • . � documented to the satisfaction of the Director by the applicant through photographs, statements, and/or other evidence; 14. Installation, construction, replacement, repair or alternation of utilities and their associated facilities, lines, pipes,, mains, equipment or appurtenances in improved city road rights-of-way. - Section %III. Off-street Parkinq. The provisions of this section sha11 mbdify 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 establishvng 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 , .. � • � 0 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 reguire 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 K 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 speci.al character of adjoining setbacks and Buffer shall be preferred. C-19 . � .. � • � 0 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 Artiele 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 m�re 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 n � • 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 u D-1 . • m 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. IIses Perraitted. � 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 snall be reviewed using that process associated with the permitted use to which it is attached: ' l. 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 detertnined by the Director to be � compatible with the above accessory or permitted uses pursuant fio 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 specif�c 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 i�egulations and notes specific to the design standards of the FWC. Article XVIII, Signs, Chapter 22 of the FAC, 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 €or 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. Existinq Development. Uses established on the property prior to the adoption of thi� zone are deemed to be conforming uses under the provisions D-4 � • of Chapter 22, Article IV, of the FWC. The provisions of Section 22-330 (Immediate Compliance) of the FWC shall not apply; except that A. Proposed expansions of, or alterations to existing non-conforming uses shall comply with Sections 22-330 and 22-331 of the FWC, but only with respect to the said expansion or alteration; and B. Development undertaken to comply with provisions of state and federal law shall be subject to the provisions of Section 22-340 (Compliance With Government Regulations) of the FWC. � C. Existing site development is deemed to satisfy FWC requirements for the following, and no additional approvals shall be required by the City, except as required far new construction: 1. Site plan 2. Landscaping plan 3. Wetland survey fiection V. New Development South of SR-18. A. New development south of SR-18 shall comply with the following special provisions: 1. Whenever two or more individuals combine their • properties in one office park development,�one spokesperson shall be selected to represent the owners and successors D-5 m • i - during the process.of obtaining approval for the site�s development or while developing the property after any approval. 2. Office parks may be developed in phases. An estimated time period for completion of all phases shall be provided by the developer or developers� representative when the City first reviews the entire proposal.. Initiation of new phases may be prohibited until conditions �mposed 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 offi.ce 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; � . • � - 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. Al1 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 remaininq 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 r. , • • structures in an office park development should be linked to pedestrian and bicycle pathways separate from the internal road system. Where possible, the pedestrian and bicycle pathways shall connect to off-site systems. 7. Only the types of business signs allowed in the City's BN Zone are al�lowed 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 interna3 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 righti-of-way adjacent to any development sufficient to provide twenty-four feet from its centerline. � • • il. 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 l00 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. � • �. . . • 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. 19. The height limitation for buildings shall be 60 ' feet . � 20. The�City shall notify all pro.perty 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. 0 o-io • � section VI. Environmentally sensitive Areas. A. New development in or around environmentally sensitfve 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 suppl.emental surve� 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 n . • 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 requlatQd 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 average setback of 50 feet from any proposed building along any regul_ated 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.�e 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 � . . i •. not limited to grass-lined swales, irrigation and drainage clitches, 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� s�ope 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. Norraal and routine maintenance and operation of existing landscaping and gardens provided they comply with all other regulations in this Agreement; il. Construction of trails, aacording 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 `� ' � � LJ 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-1 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 pracess specified by Section 22-899 of the FWC, at the applicant's request. 322513 u D-17 � � • E%HIBIT E PUGET CONCOMITANT PRE-ANNEXATION ZONING AGREEMENT THIS AGREEMENT, made anc� enter.ed into this day of , 1994, by and between PUGET SOUND POWER AND LIGHT COMPANY ("Puget"), and the CITY OF FEDERAL WAY, a municipal corporation organized and existing under the Optional Municipal Code and other lay�s of the State of Washington ("the City�� , ' . RECITALS A. Puget owns certain rea�. property located in unincorporated King County, Washington. This property is legally deseribed on Exhibit A, attached hereto and incorporated herein by this reference, and will be referred to as the "Puget Property" herein. B. The City and King County have been conducting certain planning efforts as required by the Growth Management Act, RCW 36.70A. Both the County and the City have identified the Puget Property as within King County's Urban Growth Area, and both parties have previously agreed that the Puqet Property is within the potential annexation area of Federal Way. The Puget Property is currently zoned "MP" and planned as "Manufacturing Park" by King County. C. The Puget Property is included in an Annexation Petition submitted by the Weyerhaeuser Company on the 20th day of April 1994. Included in the Annexation Petition is proposed zoning for the annexation property, includinq the Puget - 1 - .� r� U C� Property. The proposed zoning for the Puget Property is Office Park-2 (OP). D. Puget supports the annexation of the Property into the City; however, Puget seeks certainty as to the Comprehensive Plan designation and zoning which would be applicable to the Property should it be annexed into the City. E.� The Gity�is interested in annexing the Puget Property because it is located within the City's potential annexation area and urban services can be adequately provided. In addition, the City recognizes numerous public benefits associated with annexation of the Puget Property. F. Puget and the City wish to establish zoning, development standards, and procedures whieh would apply to development of the Puget Property should it be annexed into the City. The City has determined that proposed development regulations as set forth herein are authorized by RCW 35A.14.330, and general City power including Article III, Chapter 19 of the Federal Way Code ("FWC"), and are reasonably necessary for tYie protection of health, safety, morals and general welfare. The proposed development regulations would provide incentives for attracting business that would enhance the City's tax base while maintaining the quality of the area. G. The City has reviewed an environmental checklist in _ connection with the proposed Pre-Annexation Agreement, Comprehensive Plan and zoning designations, as well as the - potential future annexatiori action. In compliance with the - 2 - � • State Environmental Policy Act ("SEPA") and the City of Federal Way SEPA procedures, the City has made a threshold deternaination 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 parti.es understand that Weyerhaeuser has filed a Petition for Annexation with the City conditioned on obtaining pre-annexation zoning acceptable to Weyerhaeuser and the City. The parties agree that no Notice of Intent to annex may be filed with the Boundary Review Board until this Pre-Annexation Zoning Agreement has been fully executed by the parties and the City has adopted the pre- annexation zoning, set forth in paragraph 3 herein, by ordinance. The parties further understand that in the event pre-annexation zoning acceptable to Weyerhaeuser is not approved _ by the City, then Weyerhaeuser may withdraw its Petition for Annexation. - 3 - � �J 2. City Processing of Annexation Petition. Following execution of this Pre-Annexation Zoning Agreement, the City agrees to submit expeditiously to the Washington State Boundary Review Board of King County ("BRB") a notice of intent to annex the Property included in the Weyerhaeuser annexation. 3. Zoning Established. If the Petition for Annexation is approved by the City, and BRB review is not invoked, or in the alternative, if BRB jurisdiction is invoked but the review process sustains the Petition for Annexation, then the City shall lawfully adopt an ordinance annexing the Puget Property subject to the attached Zoning Designation Map incorporated hereto as Exhibit B. 3.1. The Puget Property, designated as "Office Park-2 (OP)" Zone shall be subject to the development provisions and development standards attached hereto and incorporated as Exhibit C. 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 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 - 4 - • C� Federal Way policies impose development standards conflicting with this Agreement, this Agreement shall control. 4.2 Pursuant to Section 19-101(b) of the FWC, the City agrees that within 12 months of the effective date of the annexation, a Comprehensive Plan designation for the annexation property, including the Puqet Property, which is compatible with the zoning agreed to in Section 3 of this Agreement shall be adopted by the City. 5. Growth Manaqement Leqislation. 5.1. �rban Growth Area. The City acknowledges that the Property is currently characterized by urban growth, is planned for additional urban growth, and is adjacent to territory currently characterized by urban growth. It will be included in any future urban growth boundary and potential annexation boundary established by the City. 5.2. Urban Services. The City agrees to furnish all municipal services to the Property in the event it is annexed, to the extent the City controls the municipal services either directly or by contract. 6. Assumption of Indebtedness. The City acknowledges that it has no outstanding bonded indebtedness. Puget acknowledges that the Puget Property will assume a prorata share of any future City indebtedness. 7. Conformity of Existing Uses. The City agrees that, upon annexation, all existing uses and development on the Property are deemed to be legal, conforming uses, and may - 5 - • • continue in existence as is. All public streets within the annexed area are acaepted by the City as is for existing purposes except as provided for elsewhere in this Agreement. Al1 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 prov�ded for elsewhere in this Agreement. If such buildings are proposed to be modified through a building permit issued by the City of Federal Way, the City will not require major modifications to existing facilities to meet City code requirements in connection with any such new additions, provided however, the City may require the existing building to meet life safety requirements. Nothing in this section shall constitute a warranty of any kind, including the habitability by the City of existing structures. 8. Processing of Land Use Applications. 8.1. The City shall process the land use applications and SEPA checklists for any future development on the Puget Property ("Land Use Applications") as follows: a. The City agrees to process Land Use Applications expeditiously, in accordance with the requirements of those state and city laws and ordinances that would apply to other Land Use _. Applications in the City. b. The City shall use its best e�forts to give - any notices required by the Cit�'s zoning and SEPA .Z'� � • ordinances in a timely manner, including notices to advise if its applications are complete, and, if not, in what respects such land use application is deficient. The City shall use its best efforts to give such notice regarding each land use application expeditiously after its filing with the City. c. � The City shall use its best efforts to comply with the 15-day recommended period for completion of any threshold determination process pursuant to the SEPA Rules, WAC 197-11-310(3), and FWC Section 18-72. 9. Effective Date. This Agreement shall become effective upon the effective date of a City Ordinance approving this Agreement. 10. Term of Aqreement. This Agreement shall remain in full force and effect until terminated by mutual agreement of the parties. 11. Enforcement. Venue and jurisdiction to enforce all obligations under this Agreement shall lie in the King County Superior Court, unless the parties agree to mediation or binding arbitration. The obligations of the parties hereunder do not have an adequate remedy by way of an action for damages and may be enforced by an action for a specific performance. � _ 12. Attorneys� Fees and Costs. In the event either party commences proceedings in King County Superior Court to enforce - this Agreement, the prevailing party shall be entitled to an - 7 - 0 C� • award of attorneys' fees and actual costs and disbursements, including expert witness fees, reasonably incurred or may in such proceedings, including appellant proceedings. In the event the matter is resolved in mediation or binding arbitration, each party shall be responsible for its own fees. 13. Governing Law. This Agreement is entered into under the laws of the State of Washington,.and the parties intend that Washington law shall apply to the interpretation hereof. 14. Amendment. This Agreement and attached exhibits may be modified only by written instrument duly executed by both parties. In the case of a major modification to the land use provisions located in the exhibits to this Agreement, the City's Process II procedures shall be utilized. In all other cases, the City Manager may authorize modification on behalf of the City. 15. Binding Effect. This Agreement shall run with the land and shall be binding upon and inure to the benefits of, the current owners and their respective heirs, successors and assigns. Executed the day and year first above written. CITY OF FEDERAL WAY PUGET SOUND POWER AND LIGHT COMPANY By Its Attest: City Clerk By Its �� • Approved as to form: Carolyn Lake City Attorney STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) L_ J On this . 'day of , 1994, before me, the undersigned, a Notary Public in and for the State of Washington,- duly commissioned and sworn, personally appeared , to me known to be 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 was authorized to execute said instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. Name NOTARY PUBLIC in and for the State of Washington, residing at My commission expires �%� C� STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) � On this day of.... , 1994, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be of PUGET SOUND POWER AND LIGHT COMPANY, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. - WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. 322519 Name NOTARY PUBLIC in and €or the State of Washington, residing at My commission expir�s _ 10 _ � EXHIBIT A Leqal Description � - 11 - • • EXHIBIT B Zoninq and shoreline Map - 12 - C� � EXHIBIT C Office Park Zone (OP-2) � � - 13 - • EXHIBIT C • Office Park Zone (OP-2) Section I. Purpose and Objectives. This Office Park Zone (OP-2) is established to facilitate the development of office parks that would develop compatibly with the adjacent Corporate Park Zone, consistent with the following objectives: - A. To encourage development of a wide variety of business uses that are compatible with adjacent uses and the uses allowed in the Corporate Park Zone. B. To allow a core of retail uses within the Business Park in a manner that takes advantage of the Zone's proximity to the freeway system. C. To ensure that development by the present and any future owners is governed in appropriate development standards to protect the public's general health and welfare. Section II. Applicability. A. The provisions of this section will apply to all lands designated as Office Park (OP-2) Zone on Exhibit B, which shall be subject to its own unique standards and review processes as set forth herein. If the provisions relating specifically to the OP-2 Zone conflict with other provisions of City codes, the OP-2 Zone provisions shall prevail. After the date of the attached Agreement, any change in City codes referenced in this Agreement shall not be deemed to modify this Zone unless as approved hereinafter. C-1 � � B. Reference herein to the "FWC" shall refer to Chapters 18, 20, 21 and 22 (Supplement 3 as now existing or as hereafter may be modified or amended) of the Federal Way City Code. Reference herein to the "Director" shall refer to the City's Director of the Department of Community Services or designee. Section III. Uses Permitted. A. �The following principal uses permitted outright, subject to the provisions of Section 22-361 through -369 (Site Plan Review) of the FWC: 1. Of f ices 2. Medical facilities, clinics 3. Research, development and testing 4. Produetion and light assembly of goods, subject to process II review, Chapter 22 of the FWC, when such facility is within 200 feet of a single- family zone 5. Conference center 6. Public transit shelter 7. Government facility 8. Parks 9. Churches 10. School facilities B. Any other uses permitted by the BN, OP or MP Zones of _ the FWC shall be allowed subject to the development standards and review procedures of Section III.D. of this Agreement. - C-2 � � C. Accessory Uses. The following accessory uses shall be reviewed using that process associated with the permitted use to which it is attached: 1. Warehousing and distributing, secondary to permitted primary uses provided such use does not exceed 40 percent of the permitted use 2. Outdoor activities and storages, subject to Section 22-1111 through -1113 (Outdoor Activities and Storage) of the FWC 3. Day care 4: Any other use determined by the Director to be compatible with the above aecessory or permitted uses pursuant to Sec�ion 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 specif ic use in the first zone where the use is allowed, shall apply to this OP-2 Zone. For all uses, including development standard modifications and site plan review, Article V, Chapter 22, of _ the FWC shall apply instead of any other process otherwise required by the BN, OP, or MP Use Zone Charts, inclusive of - special regulations and notes specific to:the desig� standards C-3 i • of the FWC. Prov�i�iorig o� the FWC rAlatiag to l�t �v��ga, ;�acade measc�rem�nt, modulatiar�l parkir►g 1ae�weert �truotur�a� �ad� 3txeat� �+ther th�an thase epecified harein, chall not apply to thia zone. Na minimum lot e�i.ae gha�.l applv for non-resi.dential us�ea. Buildinq hexgb.t iabreaaea greater than 35 feeic shall apply �Jxether or nat th� OP-2 designated property adjains a I.ow-densit� zone A 40 -foot wide buffer ahall a�r�n the preperty i'rQm any adjac�n�t �ce�sident�,al-zoncd progerty and retail ;��les and conveniena� services shall be pri.mnx deaigued ta c��er to elnployees or corparate and o��ice parlc d�evelopments. Sec�iom IY. ESiStiAg D�veiapm,enC. IIses establlsh�4l an tne �roperty prior to t2Ye aaapti.on ot �his zcne are deem�d ta be canfoz�airxc� uts�s t�xtder tt1� provisions of Chapter 22, Articie �'�t, af �h� FWC. The provisions af Section 22-330 (Immediate Ga�upliance) of trie F�TC shall. not app3.Y; excegt that A. Propased expan$ions af, or aiteratians to existinq non-confar�tting uses shall comply with Sectioas 22-3�Q and 2�-3�1. af the FWC, but only with respect to the said �xpansion or alteration; axtd 8. �eve].c�pment undertaken to co�pYy with provisions of s�ate ar�d fede,ral la� sha�l be subjec� �e the parovisions of Section 22-340 (Campliance trith Governa�ent Rec�talatioas� of the FWC. C-4 �0'd bzObL996 �l 71�Iti�a SI��IH 1�102l� S�:SL b66L/ZL/L0 . � C. Existing site development is deemed to satisfy FWC requirements for the following, and no additional approvals shall be required by the City, except as required for new construction: 1. Site plan 2. Landscaping plan 3. Wetland survey Section V. Environmentally Sensitive Areas. A. New development in or around environmentally sensitive areas, or extensions of existinq development requiring an approved developme�t 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 0€ 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. - C-5 � • 3. Mitigations, when required, shall take into account the purpose and character of the OP-1 Zone; and wherever possible, alternative mitigations conforming to OP-1 development standards shall be preferred. B. Dedications. The City will not reguire 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 setbaeks from regulated lakes and streams shall be permitted, subjeet to the following: 1. Such setback shall result in an average setback of 50 feet from any proposed bui:lding 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 C-6 � � to, bedrock, channels, gravel beds, sand and salt beds, and defined as channel swale. The channel or bed need not contain water year round. This definition includes major and minor stream categories as defined in the FWC but does exclude artificially created irrigation ditches, canals or storm or surface water runoff devices or other entirely artificial water courses, unless 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 €eet 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: a 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 C-7 • i not limited to qrass-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 indiv�dually 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 fee� 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-o€-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 the - C-8 � • 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; li. 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; C-9 C� � 13. Previously legally filled wetlands or wetlands accidentally created by human actions, which shall be documented to the satisfaction of the Director by the applicant through photographs, statements, and/or other evidence; 14. Installation, construction, replacement, repair or alternation of utilities and their associated facilities, lines, pipes, mains, equipment or appurtenances in improved city road rights-of-way. Section VI. Subdivisions Within the OP-2 Zone. The requirements of RCW 58.17 and Chapter 20, Article VI, of the FWC shall not apply to the construction of new buildings , on the Property, provided the ground on which the building is located is not sold or leased. Pursuant to RCW 58.17.040, divisions of land for sale or lease into lots or tracts . classified for industrial or commercial uses permitted within the OP-2 Zone may be reviewed as a binding site plan as set forth in Section 20-61 through Section 20-65 of the FWC, or in the case of four or fewer lots, such divisions of land may be processed as short plats. Section 20-155 of the FWC shall affect only residential subdivisions and shall not apply to subdivisions for commercial or industrial lots. The binding site plan may be processed concurrently with any required site _ plan review process specified by Section 22-899 of the FWC, at the applicant�s request. - 322519 .- �.'-1� � E%HIBIT F • CHASE CONCOMITANT PRE-ANNEXATION ZONING AGREEMENT THIS AGREEMENT, made and entered into this day of , , 1994, by and between WILLIAM J. CHASE and JEANETTE CHA5E, husband and wife, and the WILLIAM J. CHASE and JEANETTE CHASE LIVING TRUST ("Chase"), and the CITY OF FEDERAL WAY, a municipal corporation organized and existing under the Optional Municipal Code and other laws of the State of Washington ("the City"). RECITALS A. Chase owns certain real property located in unincorporated King County, Washington. This property is legally described on Exhibit A, attached hereto and incorporated herein by this reference, and will be referred to as the "Chase Property" herein. B. The City and King County have been conducting certain planning efforts as required by the Growth Management Act, RCW 36.70A. Both the County and the City have identified the Chase _ Property as within King County's Urban Growth Area, and both parties have previously agreed that the Chase Property is within the potential annexation area of Federai Way. The Chase Property is currently zoned "SR" and planned as "Manufacturing Park" by King County. C. The Chase Property is included in an Annexation Petition submitted by the Weyerhaeuser Company on the 20th day of April 1994. Included in the Annexation Petiti:on is proposed zoning for the annexation property, including the Chase - 1 - � � Property. The proposed zoning for the Chase Property is Office Park-3 (OP). D. Chase supports the annexation of the Property into the City; however, Chase seeks certainty as to the Comprehensive Plan designation and zoning which would be applicable to the Property should it be annexed into the City. E. The City is interested in annexing the Chase Property because it is located within the City's potential annexation area and urban services can be adequately provided. In addition, the City recognizes numerous public benefits associated with annexation of the Chase Property. F. Ghase and the City wish to establish zoning, development standards, and procedures which would apply to development of the Chase Property should it be annexed into the City. The City has determined that proposed development regulations as set forth herein are authorized by RCW 35A.14.330, and general City power including Article III, Chapter 19 of the Federal Way Code ("FWC"), and are reasonably necessary for the protection of health, safety, morals and general welfare. The proposed development regulations would provide incentives for attracting business that would enhance the City's tax base while maintaining the quality of the area. G. The City has reviewed an environmental checklist in connection with the proposed Pre-Annexation Agreement, Comprehensive Plan and zoning designations, as well as the potential future annexation action. In compliance with the - 2 - ,;� • � � State Environmental Policy Act ("SEPA") and the City of Federal Way SEPA procedures, the City has made a threshold determination that a Declaration of Non-Significance is appropriate in connection with the actions contemplated by this Agreement. This determination constitutes adequate compliance with SEPA in 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 �he City conditioned on obtaining pre-annexation zoning acceptable to Weyerhaeuser and the City. The parties agree that no Notice of Intent to annex may be filed with the Boundary Review Board until this Pre-Annexation Zoning Agreement has been fully executed by the parties and the City has adopted the pre- annexation zoning, set forth in paragraph 3 herein, by ordinance. The parties further understand that in the event pre-annexation zoning acceptable to Weyerhaeuser is not approved by the City, then Weyerhaeuser may withdraw its Petition for Annexation. - 3 - � � 2. City 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 Property included in the Weyerhaeuser annexation. 3. Zoning Established. If the Petition for Annexation is approved by the City, and BRB review is not invoked, or in the alternative, if BRB jurisdiction is invoked but the review process sustains the Petition for Annexation, then the City shall lawfully adopt an ordinance annexing the Chase Property subject to the attached Zoning Designation Map incorporated hereto as Exhibit B. 3.1. The Chase Property, designated as "Office Park-3 (OP)" Zone shall be subject to the development provisions and development standards attached hereto and incorporated as Exhibit C. 4. Comprehensive Plan Designation. 4.1 The City agrees that upon annexation of the Property, the City Council shall lawfully establish an interim classification for the Property on the City official Comprehensive Plan map. Pursuant to the FWC Section 19-101(a)(2), the area annexed to the City shall retain the Comprehensive Plan map classification of King County pursuant to RCW 35A.13.180, but shall be reviewed pursuant to the Federal Way Comprehensive Plan Policies; provided, however, to the extent - 4 - • ! Federal Way policies impose development standards conflicting with this Agreement, this Agreement shall control. 4.2 Pursuant to Section 19-101(b) of the FWC, the City agrees that within 12 months of the effective date of the annexation, a Comprehensive Plan designation for the annexation property, including the Chase Property, which is compatible with the zoning agreed to in Section 3 of this Agreement shall be adopted by the City. 5. Growth Manaqement Legislation. 5.1. Urban Growth Area. The City acknowledges that the Property is currently characterized by urban growth, is planned for additional urban growth, and is adjacent to territory currently characterized by urban growth. It will be included in any future urban growth boundary and potential annexation boundary established by the City. 5.2. Urban Services. The City agrees to furnish all municipal services to the Property in the event it is annexed, to the extent the City controls the municipal services either directly or by contract. 6. Assumption of Indebtedness. The City acknowledges that it has no outstanding bonded indebtedness. Chase acknowledges that the Chase Property will assume a prorata share of any future City indebtedness. - 5 - � n u 7. Processina of Land Use Applications. 7.1. The City shall process the land use applications and SEPA checklists for any future development on the Chase Property ("Land Use Applications") as follows: a. The City agrees to process Land Use Applications expeditiously, in accordance with the requirements of those state and city laws and ordinances that would apply to other Land Use Applications in the City. b. The City shall use its best efforts to give any notices required by the City�s zoning and SEPA ordinances in a timely manner, including notices to advise if its applications are complete, and, if not, in what respects such land use application is deficient. The City shall use its best efforts to give such notice regarding each land use application expeditiously after its filing with the City. c. The City shall use its best efforts to comply with the 15-day recommended period for completion of any threshold determination process pursuant to the SEPA Rules, WAC 197-11-310(3), and FWC Section 18-72. 8. Effective Date. This Agreement shall become effective upon the effective date of a City Ordinance approving this Agreement. � � � � 9. Term of Agreement. This Agreement shall remain in full force and effect until terminated by mutual agreement of the parties. 10. Enforcement. Venue and jurisdiction to enforce a11 obligations under this Agreement shall lie in the King County Superior Court, unless the parties agree to mediation or binding arbitration. The obligations of the parties hereunder do not have an adequate remedy by way of an action for damages and may be enforced by an action for a specific performance. 11. Attorneys' Fees and Costs. In the event either party commences proceedings in King County Superior Court to enforce this Agreement, the prevailing party shall be entitled to an award of attorneys' fees and actual costs and disbursements, including expert witness fees, reasonably incurred or may in such proceedings, including appellant proceedings. In the event the matter is resolved in mediation or binding arbitration, each party shall be responsible for its own fees. 12. Governing Law. This Agreement is entered into under the laws of the State of Washington, and the parties intend that Washington law shall apply to the interpretation hereof. 13. Amendment. This�Agreement and attached exhibits may be modified onlyby 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, - 7 - � r� u the City Manager may authorize modification on behalf of the City. 14. Binding Effect. This Agreement shall run with the land and shall be binding upon and inure to the benefits of, the current owners and their respective heirs, successors and assigns. Executed the day and year first above written. CITY OF FEDERAL WAY WILLIAM J. CHASE By Its Attest: WILLIAM J. CHASE and JEANETTE CHASE LIVING TRUST City Clerk Approved as to form: Carolyn Lake City Attorney 322517 - 8 - • STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) � U On this day of , 1994, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be 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 was authorized to execute said instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) Name NOTARY PUBLIC in and for the State of Washington, residing at My commission expires On this day personally appeared before me William J. Chase, to me known to be the individual described in and who executed _ the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of , 1994 . 322517 Name NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: �� • EXHIBIT A Leqal Description . - 10 - i • EXHIBIT B Zoninq and shoreline Map - 11 - . . . . � - . ,��.. ;�a � • EXHIBIT C Office Park Zone (OP-3) - 12 - � � EXHIBIT C Office Park Zone (OP-3) Section I. Purpose and Objectives. This Office Park Zone (OP-3) is established to facilitate the development of office parks that would develop compatibly with the adjacent Corporate Park Zone, consistent with the following objectives: A. To encourage development of a wide variety of business uses that are compatible with adjacent uses and the uses k in the Corporate Park Zone. B. To allow a core of retail uses within the Business Park in a manner that takes advantage of the Zone's proximity to the freeway system. C. To ensure that development by the present and any future owners is governed in appropriate development standards to protect the public's general health and welfare. Section II. Applicability. A. The provisions of this section will apply to all lands designated as Office Park (OP-3) Zone on Exhibit B, which shall be subject to its own unique standards and review processes as set forth herein. If the provisions relating specifically to the OP-3 Zone conflict with other provisions of City codes, the OP-3 Zone provisions shall prevail. After the date of the attached Agreement, any change in City codes referenced in this Agreement shall not be deemed to modify this Zone unless as approved hereinafter. C-1 . � B. Reference herein to the "FWC" shall refer to Chapters 18, 20, 21 and 22 (Supplement 3 as now existing or as hereafter may be modified or amended) of the Federal Way City Code. Reference herein to the "Director" shall refer to the City's Director of the Department of Community Services or designee. Section iII. Oses 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. Off ices 2. Medical facilities, clinics 3. Research, development and testing 4. Production and light assembly of goods, subject to process II review, Chapter 22 of the FWC, when such facility is within 200 feet of a single- family zone 5. Conference center 6. Public transit shelter 7. Government facility 8. Parks 9. Churches 10. School facilities B. Any other uses permitted by the BN, OP or MP Zones of the FWC shall be allowed subject to the development standards and review procedures of Section III.D. of this Agreement. C-2 � � C. Accessory Uses. The following accessory uses shall be reviewed using that process associated with the permitted use to which it is attached: 1. Warehousing and distributing, secondary to permitted primary uses provided such use does not exceed 40 percent of the permitted use 2. Outdoor activities and storages, subject to Section 22-1111 through -1113 (Outdoor Activities and Storage) of the FWC 3. Day care 4. Any other use determined by the Director to be compatible with the above accessory or permitted uses pursuant to Section 22-946 of the FWC. D. General Development Standards. For retail uses, the development standards of the BN Zone shall apply. For other uses, except as modified by this zone, the development standards shall conform with those identified by the corresponding use in the BN, OP or MP Zones, as appropriate. In the event a specific use is permitted in more than one referenced zone, those development standards identified for the specific use in the first zone where the use is...allowed, shall apply to this OP-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 . i C-3 • � �Q'd �t1101 af the FWC. PXOVisions ot the i�Wr relating to lvt cav�rage, facade�measurement, modulation; paxk��q betweer� struc�u�res and ��eets other t2�an 'thos� �peci�ied herein, shall not apply �to this zone. No minimum lat siz� sriall app�.y tor non-r�sidential uses. Bui.lding heiqht �.nc�eases grea�er than 35 teet shal�. appl� �hether or not�the OP-3 d�sigr�a��d propexty adjoins a l.ow-density zane. 1�eatica IV, �a�r Devel�eut Bouth of SR�Y8. A. New development south of SR-18 shaXl comply r�ith the fallowis�g special provisions: 1. Whenever two or more individuals caa�bine theis properties in one offi.Ge park d�velcpment, one spokesperson sha13. be sei�Gted ta represent the ownexs ar�d successors durin� the pracess of okat.a�inirn� app�oval �or th� site� s deve3.c�ment or whi�.e de�=elaping the propertY after any �pprc�val. �. Office parks may be developed in phases. An - Q�timatad ta.mQ pariod for comgl�tian of all phasas sha12 b� pre>vidad by th� dQVnlopar or dovolapara• r4pracmntativ� wti��t3. the City f irst reviews the entire proposal. �r��.��.ation of aew phases may be prohi.bited until aondi.tiarss� � �.�apaeed on previouo phases have been met � Aay deviat�.ots� from the origirie�l developmer�t sh�ll requi�re the City•a approval. C-4 �0'd trZ0bS996 Ol N2�d"1� St"11IH WO�� 6Z:SL t�66iiZiiZO � _ . . ��,�.:.;Sd', � 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; - Retailing associated with the assembly activities, limited to "show rooms" displaying products made on site. The show room must be attached to the assembly plant; - Short-term storage of materials about to be assembled and of assembled articles; - Retail sales and consumer services catering primarily to employees of office park developments; - Accessory uses as provided for in Section III.C. of this zone; - Any other use determined by the Director to be compatible with the above permitted uses. C-5 � • 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 structures in an office park development should be linked to pedestrian and bicycle pathways separate from the internal road system. Where possible, the pedestrian and bicycle pathways shall connect to off-site systems. 7. Only the types of business signs allowed in the City�s BN Zone are allowed in office park developments. 8. Access points to surrounding arterial streets shall be designed and developed to minimize traffic conqestion 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. C-6 � � � . . . ..,�tt� � I � 10. Retain the existing character of the area in the architectural treatment of buiidings and grounds. 11. Site preparation should be done in such a manner as to minimize destruction of the natural vegetatian and existing trees. Site grading should be performed only in those areas being developed. 12. There shall be no direct lighting past the property line. 13. The height limitation for buildings shall be 60 feet . 14. Any development will have traffic impacts on surrounding streets and intersections. Prior to development approval, impacts and appropriate solutions must be identified. Those solutions shall be made conditions of development approval. 15. Additional conditions may be imposed as mitigating measures on office park developments during the environmental review and site plan review process. Section V. Environmentally Sensitive Areas. A. New development in or around environmentally sensitive areas, or extensions of existing development requiring an approved development permit, shall comply with the following: 1. Such development shall require submission of a site survey identifying areas of gossible environmental sensitivity, as defined in Section 22-1223 of the FWC, except as modified by.this Agreement. Upon a determination C-7 . . . . . . � . . , � . .. � � . :.�.:,i� � . 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. 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: C-8 � � � 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 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 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. C-9 • � 2. The area to be averaged shall not extend beyond the boundaries of the site plan required for new development in this zone. F. Exemption. The following shall be exempt from the provisions of Section 22, Article XIV of the FWC and the requirements of this Agreement: 1. Existing and ongoing agricultural practices, provided no alteration of flood storage capacity or conveyance occurs; 2. Development involving artificially created lakes, wetlands or streams intentionally created, including but not limited to grass-lined swales, irrigation and drainage ditches, detention facilities, and landscape features, except wetlands, streams or swales created as mitigation or that provide eritical 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; C-10 � _ � 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; 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; C-il � � 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 documented to the satisfaction of the Director by the applicant through_photographs, statements, andJor other evidence; 14. Installation, construction, replacement, repair or alternation of utiTities and their associated facilities, lines, pipes, mains, equipment or appurtenances in improved city road rights-of-way. Section VI. Subdivisions Within the OP-3 Zone. The requirements of RCW 58.17 and Chapter 20, Article VI, of the FWC shall not apply to the construction of new buiTdings on the Property, provided the ground on which the building is located is not sold or leased. Pursuant to RCW 58.17.040, C-12 � � divisions of land for sale or lease into lots or tracts classified for industrial or commercial uses permitted within the OP-3 Zone may be reviewed as a binding site plan as set forth in Section 20-61 through Section 20-65 of the FWC, or in the case of four or fewer lots, such divisions of land may be processed as short plats. Section 20-155 of the FWC shall affect only residential subdivisions and shall not apply to subdivisions for commercial or industrial lots. The binding site plan may be processed concurrently with any required site plan review process specified by Section 22-899 of the FWC, at the applicant's request. 322517 C-13 ORDINANCE NO. 94-219 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING PROPOSED ZONING REGULATIONS DESIGNATING APPROXIMATELY 700 ACRES CONTIGUOUS TO THE CITY'S EASTERN BOUNDARY, CORPORATE PARK ZONE (CP-l), OFFICE PARK 1 (OP-l), OFFICE PARK 2 (OP-2), OFPICE PARK 3 (OP-3), OR SINGLE FAMILY RESIDENTIAL (RS-9600) AND AMENDING THE OFFICIAL ZONING MAP, TO BECOME EFFECTIVE UPON ANNEXATION OF THE PROPERTY AND AUTHORIZING THE CITY MANAGER TO ENTER INTO THE CONCOMITANT PRE-ANNEXATION ZONING AGREEMENTS (AMENDS ORDINANCE NO. 90- 43) . WHEREAS, on April 7, 1994, pursuant to RCW 35A.14.120, Weyerhaeuser Company filed a Notice of Intention to Petition for Annexation to the City of Federal Way of approximately 700 acres, which property is legally described in Exhibit A attached hereto and incorporated by this reference (the "Subject Property"); and WHEREAS, on April 19, 1994, the City of Federal Way, having determined that Weyerhaeuser company was the record owner of not less than 10% in assessed value of the Subject Property, as certified by the City Clerk, and that the Notice of Intention was legally sufficient in all other respects, accepted Weyerhaeuser company's Notice of Intention, and authorized the preparation of a Petition for Annexation, and preparation of proposed zoning regulations for the Subject Property; and WHEREAS, on April 22, 1994, Weyerhaeuser company submitted its Petition for Annexation representing at least sixty percent (60%) in assessed valuation of the Subject Property, as certified by the City Clerk; and ORD # 94-2l9 , PAGE 1 '" COpy WHEREAS, it is anticipated that the Subject Property may be annexed by the City; and WHEREAS, the City has negotiated Concomitant Pre-annexation Zoning Agreements with Weyerhaeuser Company, with puget Sound Power & Light Company, and with william J. Chase and Jeanette Chase, husband and wife, and the William J. and Jeanette Chase Living Trust, copies of which are attached hereto and incorporated herein by this reference (the "Concomitant Agreements"). WHEREAS, all environmental review required by the State Environmental Policy Act, RCW 43.21C has been completed; and WHEREAS, on June 7, 1994, the City Council and Planning commission jointly held a public hearing, after public notice as required by law, on the adoption of the proposed Concomitant Agreements containing the zoning regulations for the majority of the Subject Property; and WHEREAS, the Planning commission of the City of Federal Way, on June 15, 1994, recommended that in the event of annexation, the Subject Property be zoned pursuant to the zoning districts set forth in Exhibit B, "Zoning Designations, II and attached to the Concomitant Agreements, as Exhibits C, D, E and F; and WHEREAS, on July 19, 1994, more than thirty days after the first public hearing as required by Federal Way City Code ("FWCC") section 19-103(b), the City Council held a second public hearing, after public notice as required by law, on the adoption of the pre- annexation zoning regulations for the Subject Property and on the proposed annexation; and ORD # 94-219 , PAGE 2 WHEREAS, FWCC Section 19-102 provides a process for establishing a zoning designation upon annexation of property which does not have a pre-established zoning designation; and WHEREAS, the Subject Property does not have a pre-established zoning designation in the City of Federal Way's Official Zoning Map; and WHEREAS, FWCC section 19-104 authorizes the use of pre- annexation concomitant agreements to establish zoning designations; and WHEREAS, FWCC Section 19-103(b) (5) sets forth the decisional criteria to be considered by the City Council in connection with an initial zone classification; and WHEREAS, FWCC section 19-104(g) (1) sets forth the decisional criteria to be considered by the City Council in connection with any proposed pre-annexation concomitant agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: section 1. Findinqs. The City Council hereby finds that the best interest and general welfare of the City will be served by annexing the Subject Property and further finds that designating the Subject Property as Corporate Park 1 (CP-l), Office Park 1 (OP- 1), Office Park 2 (OP-2), Office Park 3 (OP-3), and Single Family Residential (RS-9600), as set forth in Exhibit B, "Zoning Designations," in the Concomitant Agreements and Exhibits C, D, E, and F to the Concomitant Agreements, will promote the health, safety and welfare of the citizens of the city of Federal Way. The ORD # 94-219 , PAGE 3 city council further finds that there is no pre-established zoning designation in the City of Federal Way's Official Zoning Map for the Subject Property. The City council adopts the findings of the Planning commission with respect to both the annexation action and the Concomitant Agreements contained in the Planning Commission's Recommendation dated July 12, 1994, on Zoning, Comprehensive Plan and Annexation of the Weyerhaeuser Annexation. section 2. Conclusions. Pursuant to FWCC sections 19- 103(b) (5) and 19-104 (g) (1), the Federal Way City council makes the following Conclusions of Law with respect to the Decisional criteria necessary to approve an initial zone classification and to approve the proposed Concomitant Agreements: (A) The proposed Concomitant Agreements will have a beneficial effect upon the community and users of the development which would not normally be achieved by traditional application of the City zoning districts and will not be detrimental to existing or potential surrounding land uses as defined by the Comprehensive Plan because users will be provided the flexibility in the Concomitant Agreements to attract other large corporate users to the area or to continue current operations. The Concomitant Agreements provide the city with the benefit of additional revenues, jobs (both direct and indirect) , and other economic benefits from potential development under the Concomitant Agreements. Further, the city will enjoy the indirect benefits of name ORD # 94-219 , PAGE 4 recognition from association with the world headquarters for Weyerhaeuser Company. (B) Unusual environmental features of the site will be preserved, maintained and incorporated into the design to benefit the development in the community because the Subject Property has widely recognized natural features ranging from North Lake and Lake Killarney to the Weyerhaeuser Bonsai Collection and Rhododendron Garden which attracts visitors on an international scale. The Concomitant Agreements will provide property owners the means to preserve and protect these natural features as well as providing the City with the ability to ensure that all natural features are adequately protected. (C) The Concomitant Agreements provide for areas of openness because any development in the corporate headquarters area is low density characterized by large expanses of open space. The character of the Subject Property will be preserved under the Concomitant Agreements. (D) The Concomitant Agreements and the initial zone classification of RS-9600 are consistent with the comprehensive plan, are consistent with all applicable provisions of the Federal Way City Code, and are consistent with the public health, safety and welfare. section 3. Zonina Desianations. The Subject Property, legally described in Exhibit A, is hereby designated, in the event of the future annexation thereof to the City of Federal Way, as ORD # 94-219 , PAGE 5 Corporate Park Zone (CP-1), Office Park Zone 1 (OP-1), Office Park Zone 2 (OP-2) , Office Park Zone 3 (OP-3), and Single Family Residential (RS-9600), as more particularly described in Exhibit B, "Zoning Designations," in the Concomitant Agreements and Exhibits C, D, E, and F to the Concomitant Agreements. section 4. Amendment to Zoninq Map. The Official Zoning Map of the City of Federal Way shall be amended to show the proposed zoning classifications for the Subject Property described in section 3 hereof, and the Planning Manager is hereby authorized and directed to make such changes to such Official Zoning Map upon annexation. section 5. Effective Date of Zoninq Desiqnations. The proposed zoning regulations and map amendments described in sections 3 and 4 hereof shall become effective upon annexation to the city of Federal Way of the Subject Property, or upon annexation of any portion thereof as to the portion annexed, upon the effective date of such annexation. Section 6. Kinq Countv Auditor. The City Manager shall file a copy of this ordinance, duly certified as a true copy, with the King County Auditor, pursuant to RCW 35A.14.340. Upon annexation, the Planning Manager shall make the amendment to the Official Zoning Map of the city of Federal Way to show the designations for the Corporate Park Zone (CP-1), Office Park Zone 1 (OP-1), Office Park Zone 2 (OP-2), Office Park Zone 3 (OP-3) and the interim designation for Single Family Residential (RS-9600) ORD # 94-219 , PAGE 6 zone, and shall file a copy, duly certified as a true copy, with the King County Auditor, pursuant to RCW 35A.14.340. Section 7. Concomitant Aqreements. The City Manager is authorized by the city Council to enter into the Concomitant Agreements and take all further and necessary action required by the Concomitant Agreements. Section 8. Environmental Review. The city herewith designates this Ordinance as a basis for the city's exercise of authority under FWCC section 18-122 and under the State Environmental Policy Act, and by this reference incorporates this Ordinance within the provisions enumerated at FWCC Section 18- 122 (d). section 9. Severabilitv. The provisions of this Ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this Ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the Ordinance, or the validity of its application to other persons or circumstances. section 10. Ratification. Any act consistent with the authority and prior to the effective date of this Ordinance is hereby ratified and affirmed. ORD # 94-219 , PAGE 7 section 11. effective thirty (30) provided by law. PASSED by the Effective Date. This Ordinance shall be days after passage and publication as this I "+IA day of City council of the City of Federal Way Au. ~J'J..šr ,1994. rc7!<. SWANEY, CMC APPROVED AS TO FORM: ~AT~ K. L,"DELL FILED WITH THE CITY CLERK: July 26, 1994 PASSED BY THE CITY COUNCIL: August 16, 1994 PUBLISHED: August 20, 1994 EFFECTIVE DATE: September 19, 1994 ORDINANCE NO. 94-219 K:\ORDINWEYER.AN2 ORD # 94-219 , PAGE 8 EXHIBIT A ESM inc. I] A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM East Campus Job No. 191-41-930-001 Revision of June 7, 1994 LEGAL DESCRIPTION FOR PROPOSED ANNEXATION TO THE CITY OF FEDERAL WAY 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 Section 21; AND of the west half of the southwest quarter AND 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; 34004 9th Ave. So., Bldg. A . Fedecal Way, Washington 98003 Federal Way (206)838-6113 . Tacoma 12061927-0619 . Seattle (2061623-5911 . Fax: 12061838-7104 East Campus Revision of June 7, 1994 Page 2 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 southwest corner of said subdivision, as measured along the south line thereof; THENCE S 26°35 ¡ 00" W, 345 feet; THENCE S 04°45' 00" W, 240 feet; THENCE S 20°30'00" W, 255 feet; THENCE southwesterly to a point on the south line of said southwest quarter of the southwest quarter, 275 feet east of the southwest corner thereof; THENCE westerly, along said south line, 275 feet to said southwest corner; THENCE northerly along the west line of said southwest quarter of the southwest quarter to the northerly shore line of Lake Killarney as shown on the plat" of "East Tacoma Central Addition" as per plat filed in Volume 4 of Plats, Page 26, Records of King County, Washington; THENCE westerly along said northerly line to the west line of the east 26 feet of the southeast quarter of said Section 21; THENCE northerly along said west line to the easterly extension of the northerly line of Block 10 of said plat; THENCE easterly along said easterly extension to the east line of said southeast quarter; THENCE northerly along said east line to the southerly margin of So. 349th Street; East Campus Revision of June 7, 1994 Page 3 THENCE westerly along said southerly margin to the southerly extension of the westerly margin of 32nd Avenue South; THENCE northerly along said southerly extension to the northerly margin of So. 349th Street; THENCE westerly alqng said northerly margin to a line 10 feet easterly of and parallel with the easterly line of Block 6 of said plat of "East Tacoma Central Addition"; THENCE northerly along said parallel line to the easterly extension of the southerly line of Lot 7 of said Block 6; THENCE westerly along said easterly extension. said southerly line and the westerly extension thereof to the centerline of the alley in said Block 6; THENCE northerly along said centerline to the south line of the north half of said southeast quarter of 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; East Campus Revision of June 7, 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 söutherly al~ng the westerly line of Tracts 8 through 3, inclusive, of said unrecorded plat. to the ordinary high water of North Lake; THENCE southwesterly, said line of ordinary the plat of "Louise's 40 of Plats, Page 23, southerly, high water North Lake Records of and southeasterly along to the northerly line of Tracts" as filed in Volume King County, Washington; 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 westerly extension of the northerly line of Lot 27 of the unrecorded plat of "Richard's Nor~h Lake Acres"; THENCE easterly along said westerly extension and the northerly line of said Lot 27 to the northeasterly 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. East Campus Revision of June 7, 1994 Page 5 TOGETHER WITH any portion of North Lake and Lake Killarney that would attach to the above by operation of law. See attached Exhibit "A". Written by: Checked by: C.A.G. R.J.W., -- 1914116 EXHIBIT. N TO ACCOMPANY LEGAL DESCRIPTION FOR ANNEXATION TO THE CITY OF FEDERAL WAY A PORTION OF SECTIONS 15, 16, 21 ANO 22, TWP. 21 N., RGE 4 E., W.M. KING COUNTY, WASHINGTON III ~~~_._--~ ><-... ."'No" 00.. """.. """"" W^". W~~NO"'" .~, """"" ""I "'-..., 'NOTE : SECTION LINES AND CORNERS ARE SHOWN HEREON APPROXIMATELY /oS AN AID IN LOCATING THE PROPERTY AND ARE NOT BASED UPON AN ACTUAL SURVEY. PARCEL 6 10 - 15 I I I I I I ~ I I Is I~ ¡J ~ n t SCALE , ... . 1000" JOB NO. 191-41-930-001 DRAWING NAME, EXH-A DATE, 06-07-94 DRAWN, CAG. SHEET 1 OF 1 EXHIBIT .Z-p. PROPOSED ZONING FOR EAST CAMPUS A PORTION OF SECTIONS IS, TWP. 21 N., RGE 4 E., W.M. KING COUN1Y, WASHINGTON 16, 21 ANO 22, II ESM i1c. :::::::::=:--- """", w^,. w~~""".. ..<x" .""", 1"'1 ""-om NOTES: SECTION LINES AND CORNERS ARE SHOWN HEREON APPROXIMATELY AS AN AID IN LOCATING THE PROPERTY AND ARE NOT BASED UPON AN ACTUAL SURVEY. 10 --- 15 , I I I I RS 96001 P:EL~ -? I I I~ I~ ¡! ~ ZONING DESIGNATIONS WERE PROVIDED BY HILUS. CLARK. MARTIN" PETERSON IN APRIL. 1994. OP-3 n t SCALE : ,. .. 100<1 JOB NO. 191-41-93D-002 DRAWING NAME, EXH-ZP DATE, 06-13-94 DRAWN, C.A.G. SHEET 1 OF 1 PROPOSED WEYERHAEUSERANNEXATION I\) w , "- 2> < EXHffiIT B 2HH ST. f'> ZONING DESIGNATIONS S. 349TH ST W+E S S. 352ND ST "" ~N w > <t :r: f- ro C\J ORDINANCE NO. 94-219 NOTE: COPIES OF EXHIBITS C, D, E & F ARE AVAILABLE IN THE CLERK'S OFFICE.