Ord 98-310
. "-" ---- ,. -~~
ORDJ:NANCB NO.
98-310
AN ORDINANCB OF THB CITY COUNCJ:L OF THB CJ:TY OJ'
FEDERAL WAY, WASHJ:NGTON, ADOPTJ:NG ZONJ:NG
DEVELOPMENT REGULATIONS APPLICABLB TO PROPERTY
ZONED OP-4 AND LOCATED BETWEEN SR 161 (ENCHANTBD
PARXWAY), J:NTERSTATB 5, MJ:LTON ROAD SOUTH, SOUTH
369TH STREET, AND 19TH WAY SOOTH; AND APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONCOMJ:TANT DEVELOPMENT AGREEMENT.
WHEREAS, RCW 35A.14.010 authorizes the city of Federal
Way to annex any portion of a county not incorporated as part of a
city or town but lying contiguous to the City of Federal Way; and
WHEREAS, in February, 1995, pursuant to RCW 35A.14.120,
Enchanted Parks, Inc., as owner of not less than ten percent (10%)
in assessed valuation of the property proposed for annexation, as
certified by the City Clerk,
filed a Notice of Intention to
Petition for Annexation to the city of Federal Way approximately 65
acres of property contiguous to the eastern boundary of the City of
Federal Way; and
WHEREAS, on March 21,1995, the City Council authorized
the preparation of a Petition for Annexation,
requiring the
preparation of a proposed zoning regulation and requiring the
assumption of a pro rata proportion of existing City indebtedness
by the area to be annexed; and
WHEREAS, on November 21, 1995, the City Council adopted
Ordinance No. 95-248, which adopted the City's GMA Comprehensive
Plan and designated the property owned by Enchanted Parks, Inc. as
Commercial/Recreation; and
ORD # 98-310
, PAGE 1
Th~ attachm~nt6/~xhibit6 to thi6 ordinanc~ ar~ voluminou6. \
If th~ coPy you r~c~iv~ dO~6 not contain th~m. you may
obtain th~m (for copying) from th~ City CI~rk'6 Office.
töff2>ìr¡
"H' ",."-.....,,...,-.."'-...-
WHEREAS,
on July 2,
1996,
the City Council adopted
Ordinance No. 96-270, which zoned the property owned by Enchanted
Parks, Inc. OP-4 under the City's land use code (Chapter 22 of the
Federal Way City Code ("FWCC"»; and
WHEREAS, in anticipation of annexation and pursuant to
FWCC 19-104 and RCW 36.70B.170, the City and Enchanted Parks, Inc.
negotiated a concomitant development agreement
("CDA")
covering
property legally described and depicted on Exhibit A hereto, a copy
of the CDA is attached hereto as Exhibit B and incorporated by
reference; and
WHEREAS, the CDA included proposed zoning development
regulations
applicable
to
property
zoned
OP-4,
which
zoning
development regulations are attached as Exhibit C to the proposed
CDA (Exhibit B); and
WHEREAS, on October 28, 1997 the city's SEPA Responsible
Official
issued
a
Determination
of
Nonsignificance
("DNS")
concerning
the
CDA
and
concerning
the
proposed
development
regulations applicable to property zoned OP-4; and
WHEREAS, the October 28,1997 DNS was not appealed; and
WHEREAS, WHEREAS, on November 13, 1997, the City Council
and Planning commission jointly held a public hearing, after public
notice as required by law, on the adoption of zoning regulations
for the subject property; and
WHEREAS, on December 3, 1997 the Federal way Planning
commission considered the matter at a regularly-scheduled meeting;
and
ORD # 98-310
, PAGE 2
C"'N,"""~
WHEREAS, on January 27,1998, the City's SEPA Responsible
Official issued an Addendum to the October 28,1997 DNS; and
WHEREAS,
the
annexation
action
is
exempt
from all
environmental review pursuant to RCW 43.21C.222; and
WHEREAS,
on February 9 ,
1998
Enchanted Parks,
Inc.
submitted its Petition for Annexation of the property legally
described in Exhibit A hereto.
As certified by the Federal Way
City Clerk, the Petition contained the signatures of the owners of
at least sixty (60%) of the assessed valuation of the property
proposed for annexation;
WHEREAS, on February 17, 1998, more than thirty days
after the November 13, 1997 public hearing as required by RCW
35A.14.340 and FWCC 19-104 (h) , the city Council held a second
public hearing, after public notice as required by law, on the
adoption of zoning regulations for the subject property; and
WHEREAS, on February 17, 1998, the City Council also held
a public hearing, after public notice required by law, on the
proposed CDA between the city and Enchanted Parks, Inc., and on the
proposed annexation of the subject property; and
WHEREAS, on February 17,1998, the City Council adopted
Resolution
No.
98-2iz!t,
declaring
and
giving
notice
of
its
intention to annex the subject property; and
WHEREAS, the City Council considered this Ordinance at
its February 17, 1998 and March 3,1998 meetings; and
WHEREAS, the City Council finds that it would promote the
health, safety and welfare of the citizens of Federal Way to: (1)
ORD # 98-310
, PAGE 3
approve and authorize the City Manager to execute a CDA between the
city and Enchanted Parks, Inc.; (2) adopt development regulations
for property zoned OP-4; and (3) annex the subject property;
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:
A.
Enchanted Park is a unique use in South King County, in
that it is an indoor/outdoor amusement facility combined with a
water park, with a regional customer base.
B.
None of the City's existing development regulations
anticipate such a unique use.
c.
The
concomitant
development
agreement
allows
the
continuance of the existing use with opportunity for growth and
expansion while taking into account surrounding land uses and
zoning.
D.
The City of Federal Way Comprehensive Plan, at page 11-
16, states that Enchanted Park's Commercial Recreation designation
"acknowledges the unique recreational opportunity associated with
the Enchanted Park property. Annexation of the park will provide
the city with an unique recreational asset. The Park is located in
the City's potential annexation area in a location where urban
services are adequately provided..."
E.
Entering into the CDA to allow for the annexation of
Enchanted Park will provide benefits to the city of Federal Way by
securing property along the critical transportation corridor of 1-5
and SR 161 (Enchanted Parkway).
ORD # 98-310
, PAGE 4
F.
Entering into the CDA to allow for the annexation of
Enchanted Park will provide benefits to the city of Federal Way by
allowing continuation of an existing significant land use which has
existed for over ten years adjacent to city boundaries.
G.
Entering into the CDA will not be detrimental to existing
or potential surrounding land uses as defined by the comprehensive
Plan,
because the CDA contains detailed provisions addressing,
among
other
things,
drainage,
landscaping,
parking,
traffic,
height,
noise,
and future use.
These provisions protect the
existing and potential surrounding land uses from any potential
adverse impacts.
H.
The concomitant development agreement and the development
regulations include language for both the protection and continued
use of Mud Lake as an important park amenity, and for protection of
wetlands and sensitive areas on Parcel Q.
I.
The
CDA provides
for
areas
of
openness
because
it
provides that the south 11.47 acres will be developed into a
parking lot. The design of this parking lot has provided ample
buffers and landscaping, and will incorporate an existing low spot
into a detention pond with perimeter vegetation.
J.
The CDA and development regulations are consistent with
the
comprehensive
Plan.
The
Plan
designates
the
property
Commercial/Recreational,
and
the
CDA
and
OP-4
development
regulations allow for the continuation of the Enchanted Park
regional commercial recreation use.
K.
The CDA and development regulations promote diversity and
ORD # 98-310
, PAGE 5
creativity
in
site
design,
protect
and
enhance
natural
and
community features, and encourage unique developments that combine
a mixture of uses, because they:
(1)
set forth parameters for
continuation of the unique Enchanted Park regional commercial
recreational use;
(2) provide for future commercial, retail and
office use of the property; and (3) protect natural features such
as wetlands on Parcel Q.
L.
Entering
into
the
CDA,
and
adopting
development
regulations for property zoned OP-4, bears a substantial relation
to the public health, safety, and general welfare of the city. The
CDA and development regulations allow continuation of a significant
use and create a review process and standards for all future uses
in the Enchanted park property. All applicable city, state, and
local public health and safety regulations will apply to these
uses, except as otherwise set forth in the concomitant development
agreement and/or OP-4 development regulations.
M.
The CDA and OP-4 development regulations are in the best
interest in the residents of the City, for the reasons stated in
Findings A-L above, as well as for the reason that the CDA and OP-4
development regulations will provide the city with the benefit of
additional revenues and other economic benefits from potential
development
under
the
CDA
and
OP-4
development
regulations.
Further,
the
city
will
enjoy
the
indirect
benefits
of
name
recognition from association with the location of Enchanted Park.
section 2.
Conclusions of Law.
Based on the Findings of
Fact set forth in Section 1 above, the CDA and OP-4 development
ORD # 98-310
, PAGE 6
regulations are consistent with the criteria set forth in FWCC 19-
104 and FWCC 22-523.
section 3.
Adoption of Development Regulations.
In the
event that property zoned OP-4 is annexed into the city of Federal
Way,
section 22-872 is hereby amended to incorporate the OP-4
development regulations contained in the CDA between the City and
Enchanted Parks, Inc., attached as Exhibit B hereto.
The zoning
development regulations for property zoned OP-4 shall take effect
as of the effective date of the annexation of said property.
Section 4.
Concomitant DeveloDment Agreement.
The City
Council hereby authorizes the City Manager to enter into the
Concomitant Development Agreement attached as Exhibit B hereto, and
to take all further and necessary action required by the CDA.
section 5.
Filing.
The City Manager and/or his designee
is directed to file forthwith a copy of this Ordinance,
duly
certified as a true and correct copy, with the King County Auditor,
pursuant to RCW 35A.14.340.
section
6.
Severability.
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 7.
Ratification.
Any act consistent with the
authority and prior to the effective date of this ordinance is
ORD # qR-11n
, PAGE 7
."".-.--.......,.....,..,...-----
hereby ratified and affirmed.
Section 8.
Effective Date.
This ordinance shall be
effective thirty
PO)
days after passage and publication as
provided by law.
PASSED by the city Council of the city of Federal Way
this
3rd
day of March, 1998.
CITY OF FEDERAL WAY
flZYJ
MAyan, RON GI~
ATTEST:
~ ClL:4~4~
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
~, ~NDI K. ~INDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 98-,]0
02-10-98
03-03-98
03-07-98
04-06-98
K:\ORDIN\CONCAGRH.EPK
ORD # 98-110
, PAGE 8
EXHIBIT A
ESM inc.
A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM
I{
Enchanted Parks
Job No, 163-03-950-006
October 16, 1997
EXHIBIT -A
PAGE-LOF Å-
LEGAL DESCRlPTION FOR ANNEXATION
TO THE CITY OF FEDERAL WAY
Those portions of the southwest quarter of Section 28 AND of the southeast quarter of Section
29 AND of the northeast quarter of Section 32 AND of the northwest quarter of Section 33,ALL
in Township 21 North, Range 4 East, W.M., King County, Washington, being more particularly
described as follows:
BEGINNING at the northeasterly corner of Parcel "2" of "Regency Woods Division I"
according to the plat thereof recorded in Volume 154 of Plats, Pages 81 through 97, inclusive,
Records of King County, Washington;
THENCE southeasterly along the northeasterly line of said parcel, said line being coincident
with the southwesterly margin of Enchanted Parkway (AKA SSH No. 5-D I Kit Corner Road
South I SR 161) to the northwesterly margin of 19th Way South as shown on said plat;
THENCE southwesterly along said northwesterly margin to the northerly margin of South 369th
Street as shown on the plat of "Regency Woods Division 2" according to the plat thereof
recò¡'ded in Volume 156 of Plats, Pages 16 through 20, inclusive, Records of King County,
Washington;
THENCE westerly along said northerly margin and the westerly extension thereof to the easterly
margin ofSR 5 (AKA PSHNo. I), also being the City of Federal Way Limits as defined by King
County Code Ordinance No. 8779;
THENCE northerly along said easterly margin to said southwesterly margin of Enchanted'
Parkway;
THENCE southeasterly along said southwesterly margin to the
POINT OF BEGINNING.
See attached Exhibit "B".
Written by: C,A.F.
Checked by: R,J,W.
\\esmlsys\wrd-proc\legal\l630304,doc /0/17/17
720 South 348th Street. Federal Way. Washington 98
Federal Way (2061 838-6113 . Tacoma (2061 927 -0619 . 5eanle 12061 623-5911
. Fax: (206) 838.7104 '
EXHISIT "s"
TO ACCOMPANY LEGAL DESCRIPTION FOR ANNEXATION
A PORTION OF SECTIONS 28, 29, 32 AND 33,
TWP. 21 N,. RGE. 4 E.. W,M..
KING COUNTY. WASHINGTON
t
PARCEL OWNERSHIP
CD ENCHANTED PARKS INC.
@ ENŒW<TED PARKS INC,
ø ENCHANTED PARKS. [NC.
0 ENCHANTED PARKS INC.
@ KING COUNTY
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J08 NO, 163-03-950~OO6
DRAWING NAME, 163\D3\EXH-ANNP
DATE, 02-06-98 '
DRAWN, C,U,/R.J,8.
SHEEl , Of I
...-..."",..-............",
720 So, J46," 51".,
FEOER"'- WAY. WASH'NGTON 9600J
PHONE, (2OJ) 6J6-61 OJ
CONCOMITANT
DEVELOPMENT AGREEMENT
I
I
The City of Federal Way
Enchanted Parks, Inc.
DATE: 1/30/98
I:\ENCHTEDWlCONCOMAG,CC/March 25,1998
TABLE OF CONTENTS
1. Definitions,.........,..........,.."..,..,..,..,...,..,,.."..".3
2. PetitionforAnnexation "'.""""..,..,..,..,.."..,.."..,...,..,3
3. Establishment of Planning and Zoning ....,..,..,..,...,..,...,.."..,,4
3.1. Comprehensive Plan ................,......,..,..,...,..".."..,..4
3.2. Zoning......,..,.....,..........,..,...,..,..,...,..,...,.."..,4
3.2,1. Permitted Uses .............,..,..,..,..,..,...,..,...,..,...,...,.4
3.2.2. DevelopmentRegulations ...,..,..,..,..,..,......,..,...,..".."..4
3.3. EnvironmentallySensitiveAreas,..,..,..,..,..,......,..,...,...,..,,4
3.3,1. MudLake..,...........,..,..,..,..,..,..,......,..,...,...,..".4
3.3.2. ParkingLotExpansionArea "."..,..,..,..,.."..,.."..,..".."..5
3.3.3. ParcelQ .,..,..,.....,..,..,..,..,..,..,...,..,..,..".."..,..,,5
3.4, HeightRestrictions.".,.....".,..,..,..,.."..,.."..,.."..,..".5
3.5, RetaiISales,..".....,....,...,.".,.."."..,..,.."..,...,.."..6
3.6. StreetVacation,.,..,..,..".,..,..,.."."..,..,.."..,.."...,..,6
4. Conformity of Existing Uses and Development Within the Developed Area. . , . 6
4.1. Hours of Operation ,..,..,..,..,.,..,..,...,..,.."..,..".."."..6
4.2. Improvements ...,..,.....,.....,.,..".....,..,...,..,...,...,..,7
4.2.1. Parking..,..,..,..,..,.....,....".....,..,..,..,...,......"..,.7
4,2,2, ExistingParking,..,..,..,..,..,..,..,..,..,..,.."..,...,..,...,..7
4.2.3. Signage,..,..,..,..,..,..,..,..,..,..,..,..,.."..,..,,..,...,..,7
4.2.4. Drainage, Water Quality and Parking Lot Expansion. . , , . . , . . , , . . , . . , , . . , , 8
4.2.5. PerimeterLandscaping..,.....,.,.....,..,......,..,.."..,.."..,,11
4.2,6, Extensions of Time ,..,.....,.......,......,..,..,.."..,...,..".11
4.2.7. Outdoor Uses .,..,.....,..,....,..,..,...,..,..,..,..".."..,..,12
4.2.8. Access .,..,......,..........,..,..,..,..,......,.."..,...,..,,12
4,2,9, Lighting ......,.............,..,..,..,..,..,...,..,...,.."..,..12
4.3. Traffic .........,.............,..,..,..,......,..,.."..,...,..,12
5. UtilityService ........,....,..,..,..,..,..,...,..,..,...,.."..,.12
6, Mitigation and Impact Fees ,.......,..,..,...,..,..,...,..,...,..".12
7. RegulationofAmusementRides,..,..,..,..,..,...,.."..,.."..,..,13
8, FutureImprovements......,.".,..,..,....."..,..,..".."."..,,13
8,1. Maintenance and Renovation Activities Within the Developed Area. . . , . . , , . 13
8.2. AmusementRides ,.,..,..,..,..,..,..,.."."..,.."..,..".."..13
8.3, ParkingLotExpansion..,..,..,."."."..,."..,..,...,..,,..,..,,13
9. CompliancewithOtherCodes,..,..,..,..,..,.."..,..,...,.."..,..14
10, TaxMatters .,..,..,..,..,..,..,..,..,..,..,..,...,.."..,...,..,14
II. ObligationtoAnnex........,..,..,..,..,..,..,...,..,...,..,...,..14
Il.l, Failure of Condition.,.............,..,..,..,...,..,..,...,.. "..,,14
11.2. Withdrawal,..,..,..,..,..,..,..............,..,..,...,.."..,..,15
12, GeneraIProvisions....,.....,..,..,..,..,..,..,......,...,..,...,.15
Concomitant Development Agreement
#2806015361-2 LNGI5!.DOC 1/30/98
pageiofii
12,1.
12,2,
12.3,
12.4,
12.5.
12.6.
12.7.
12,8,
12.9.
12,10.
13.
14,
15.
16.
GovemingLaw ..,..,..,..,..,..,..,......,..,...,.."..,...,...,15
Binding on Successors; Assignment .,..,..,...,..,..,...,...,...,.., ,15
Recording....,..,..,..,..,..,..,..,..,......,..,...,..".."..,,15
NoSeverabi1ity ..,..,.....,.....,..,..,..,..,...,..,...,...,..".15
Authority ,..,..,........,.....,..,......,..,...,..,...,.."..".16
Term of Agreement ""'."..,..,..,..,.."."..,..".."..,...,..16
Amendment ."'."'."""'."."'.'..,..,..,.."..".."..,..,,16
Exhibits.,..,..,..,..,..,..,..,..,.."."..,.."."..".."..".]6
Headings .,...,..,..,..,..,..,."..,..,..,..".."..,.."..".,,16
Integration ..,..,..,..".,..,..,..,.."..,..,.."..,..".."..".17
Indemnification ".""..".""..,..,..,.."..,.."..".".."..,17
Compliance ..,..,..,..,..,..,..,..,..,..,..,...,.."..,...,..",17
Police Power '."'."".""."..,.."."..,..,..".."..".",.,17
EffectiveDate ,...........,..,..,..,.."..,..,.."..,.."..,...,.17
LIST OF EXHIBITS
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBITF-I
EXHIBIT F-2
EXHIBIT G
EXHIBIT H
EXHIBIT I
EXHIBIT J
EXHIBIT K
EXHIBIT L
Legal Description
Site Plan - Structures
Office Park 4 Zone (Op-4) Development Regulations
Site Plan - Parking
Height Restrictions - Area Map
Drainage Improvements (Summary - Complete Text at City Hall) &
October 28, 1997, Letter from ESM, Inc.
Parking Lot Expansion - Site Plan
Parking Lot Expansion - Landscape Plan
Landscaping
Site Plan - Access
Site Plan - Lighting
Site Plan - Development Activities
Traffic Report
Wetlands Report
Concomitant Development Agreement
#2806015361-2 LNGJ5!.DOC 1/30/98
page ii ofi;
CONCOMITANT
DEVELOPMENT AGREEMENT
Enchanted Park
THIS AGREEMENT is made and entered into this ~ day of ./fA iÞ1( J? , ,
1998, by and between the CITY OF FEDERAL WAY, a non-charter optional municipal
code city organized and existing under the laws of the State of Washington (the "City" or
"Federal Way"), and ENCHANTED PARKS, INC., a Washington corporation
("Enchanted Park").
RECITALS
Federal Way has the authority under RCW 36.70B.l70-,210 and Chapter 19,
Section 104 of the Federal Way City Code (FWCC) and other laws of the State of
Washington to enact laws and enter into agreements to promote the health, safety, and
welfare of its citizens and thereby control the use and development of property within its
jurisdiction, and to undertake the annexation of contiguous property located outside of its
boundaries pursuant to ch. 35A.l4 RCW.
Enchanted Park is the owner of certain real property situated in unincorporated King
County, Washington, which property is more particularly described on EXHIBIT A
attached hereto and incorporated herein by this reference (the "Property" or the
"Enchanted Park Property").
The Enchanted Park Property is presently operated as a Regional Commercial
Recreational facility with an outdoor/indoor amusement facility and water slide and
aquatics park, with associated parking, maintenance, games of skill and chance, food
service and office uses. The Enchanted Park Property is developed generally as shown on
the site plan (the "Site Plan") set forth in EXHIBIT B attached hereto. Enchanted Park
anticipates the need, from time to time, to operate, improve, and expand its existing
operations on the Enchanted Park Property. It is anticipated that the existing use ofthe
Enchanted Park Property, as it may be modified and expanded, will continue for at least
twenty (20) years.
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. The Property is currently zoned "Regional Business", "Neighborhood Business"
and "Urban Residential (4 du/ac)" by King County and the zoning map effective
August I, 1996, of the City of Federal Way designates the property OP-4.
Concomitant Development Agreement
#2806015361.2 LNGI5!.DOC 1/30/98
page I of19
Enchanted Park is contemplating annexation of the Property into the City; however,
Enchanted Park seeks certainty as to the zoning and other regulations which would be
applicable to the Property should it be annexed into the City.
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 the annexation of the Property,
i.e" managing growth and fiscal benefits, as well as intangible benefits that may be
associated with having Enchanted Park's facility located within the City limits,
The City has reviewed an environmental checklist in connection with this
Concomitant Development Agreement (the "Agreement"). In compliance with the State
Environmental Policy Act ("SEP A") and the City of Federal Way SEP A procedures, the
City prepared an environmental impact statement (EIS) for the City of Federal Way's
Comprehensive Plan, adopted November 21, 1995, and Zoning Ordinance, which EIS
reviewed and considered the Comprehensive Plan and Zoning designation for the
Enchanted Park Property, but did not review the development regulations of the zoning
for the property that are contemplated by this Agreement. The City has reviewed an
Environmental checklist for the proposed actions included within this Concomitant
Agreement and has issued a Determination of Non Significance and subsequent
Addendum. Future development actions not contemplated in this Agreement shall be
subject to their own SEPA review.
Enchanted Park and neighboring property owners submitted to Federal Way a
petition to commence annexation proceedings, On March 21, 1995, the Federal Way City
Council met to discuss the Enchanted Park Annexation. The Federal Way City Council
directed that for the Enchanted Park Property, Federal Way would adopt upon annexation
specific zoning and land use regulations to govern that property for the period of time set
forth in the Concomitant Development Agreement to be approved by the City Council.
The Federal Way City Council has directed that zoning and development regulations
for the Enchanted Park Property be designed so as to permit the continued operation and
development of the Enchanted Park Property in accordance with its existing use, with
limited expansion and modification of that use allowed, so long as certain operations on
the Property are brought into compliance with City Codes, as outlined by the terms ofthis
Agreement.
The parties now wish to enter into this Agreement in order to set forth in greater
detail the provisions with respect to Federal Way's administration of zoning and
development regulations, and other municipal authority,
Now, THEREFORE, for and in consideration ofthe mutual covenants and agreements
contained in this Agreement, the parties hereby covenant and agree as follows:
Concomitant Development Agreement
#2806015361.2 LNGl51.00C 1/30/98
page 2 of 19
AGREEMENTS
1. DEFINITIONS
For the purposes of this Agreement, the following terms shall have the meanings set
forth below:
I. "FWCC" shall mean the Federal Way City Code as presently enacted or
hereafter amended.
2. "Enchanted Park Annexation" shall mean the proposed annexation of the
Enchanted Park Property and the King County-owned property legally described in the
Annexation petition submitted by Enchanted Parks, Inc, to the City of Federal Way.
However, the terms and conditions of this Agreement shall not apply to the King County-
owned property.
3, "Enchanted Park Property" or "Property" shall mean that certain property
legally described in EXHIBIT A attached hereto,
4, "Land Use Codes" shall mean those regulations, ordinances and rules ofthe
City of Federal Way governing the use and development ofland, including without
limitation, chapters 18 through 22 of the FWCC, as may hereafter be amended,
5. "Regional Commercial Recreational Facility" shall mean a use operated for
profit, with private facilities, equipment and/or services, both indoor and outdoor for
entertainment and recreational purposes, including large- and small-scale amusement
rides, roller coasters, aquatic park facilities, swimming pools, accessory video and movie
facilities, petting zoos, and other similar uses. Such a use shall be of a scale or offer
unique recreational opportunities so as to provide recreational services of a regional
nature. The use of such area may be limited to private membership or may be open to the
public upon payment of a fee.
6.
"Zoning Code" shall mean Chapter 22 of the Federal Way City Code,
2. PETITION FOR ANNEXATION
The parties understand that Enchanted Park has filed a petition for annexation with
the City conditioned on obtaining a Concomitant Development Agreement adopted by the
City Council. The parties agree that no notice of intent to annex or annexation action may
be filed with the Boundary Review Board until this Concomitant Development
Agreement has been fully executed by both parties and the City has adopted the
pre-annexation land use zoning regulations set forth in Section 3. herein by ordinance. In
the event pre-annexation land use zoning regulations acceptable to Enchanted Park is not
approved by the City by July I, 1998, then Enchanted Park may withdraw its support for
this annexation. Following execution of this Concomitant Development Agreement, the
City agrees to submit to the Washington State Boundary Review Board of King County
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("BRB") a notice of intent to annex the Property described in the petition for annexation,
3. ESTABLISHMENT OF PLANNING AND ZONING
3.1. Comprehensive Plan
The City Council has lawfully established a "Commercial Recreation" classification
for the Property on the City official comprehensive plan map, pursuant to FWCC Section
19-100(b) and the City of Federal Way's Comprehensive Plan.
3.2. Zoning
If the petition for annexation is approved by the City, and BRB review is not
invoked, or in the alternative, ifBRB 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 application of the Office Park-4 Zone, and the OP-4
development regulations; Exhibit C, hereto. The City may also, upon approval of the
petition for annexation, simultaneously adopt an ordinance annexing the property
effective upon passage offorty-five (45) days or issuance of a BRB decision sustaining
the annexation if BRB jurisdiction is invoked.
3.2,1. Permitted Uses
All those uses pennitted in the OP-4 zone, as set forth in this Agreement and
EXHIBIT C attached hereto, shall be pennitted on the Enchanted Park Property.
3,2,2, Development Regulations
The development regulations for the Property shall be those applicable to the
OP-4 zone as set forth in this Agreement, and by the provisions of EXHIBIT C,
attached hereto.
3.3. Environmentally Sensitive Areas
3.3.1. Mud Lake
As discussed in Exhibit L, "Enchanted Lake" or "Mud Lake" was, at one time, a
wetland located on the Property. Over the past twenty (20) years, King County
allowed urban development in the area and in a manner that caused the wetland to
cease functioning as a wetland. At this point, the water body essentially functions as
a surface water detention facility and provides an aesthetic amenity for the complex,
As a surface water retention pond in a closed depression, "Mud Lake" is not subject
to regulation under Chapter 18, Article III, "Shoreline Management" or Chapter 22,
Article XIV, "Environmentally Sensitive Area" of the FWCC.
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3,3,2, Parking Lot Expansion Area
A portion of the area north of South 369th Street proposed for parking lot
expansion is wet as the result of drainage activity from Mud Lake, Since this area
has become wet as the result of artificially created drainage, it is exempt from
regulation, pursuant to the OP-4 development regulations, Section V,B, contained
within EXHIBIT C hereto.
3,3,3. Parcel Q
Enchanted Park acknowledges that any areas classified as environmentally
sensitive pursuant to Chapter 22, Article XIV of the "Environmentally Sensitive
Areas" of the FWCC and located on Parcel Q, shown on EXHIBIT J, have not been
artificially, intentionally or accidentally created by human activity and do not fall
within the exemption contained in Section V.B of the OP-4 development regulations
contained within EXHIBIT C hereto.
3.4. Height Restrictions
The following height restrictions shall be applied to the areas, as designated on
EXHIBIT E, within the OP-4 Zone:
HEIGHT RESTRICTIONS
Area
Number
Regional Commercial
Recreational Facility Uses
35'
2
55' base height,
maximum height 75"
Non-Regional Commercial
Recreational Facility Uses
3 stories or 35',
whichever is greater
55' base height, maximum of 70', for
office use'
55' base height, maximum of75' for
hotels'
35' base height, maximum of 55' for all
other uses'
125'
55' base height, maximum of70', for
office use'
55' base height, maximum of75' for
hotels'
35' base height, maximum of 55' for all
other uses'
If approved through Process III, the height of the structure may exceed the base
height, up to the maximum height, provided each required yard abutting the
structure is increased l' for each I' the structure exceeds the base height above
average building elevation,
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3.5. Retail Sales
Retail sales, general and specialty, shall be allowed on the Property, not to exceed
100,000 square feet of gross floor area, provided that development of any retail sales on
Parcel Q, as legally described in EXHIBIT A hereto, shall not count against such limitation.
3.6. Street Vacation
The City shall support, or upon annexation of the Property will complete the process
for vacation of right-of-way currently pending before King County, File No. 9400935,
provided only that portion of the right-of-way not needed for potential widening of
Milton Road is vacated.
4. CONFORMITY OF EXISTING USES AND DEVELOPMENT
WITHIN THE DEVELOPED AREA
The City agrees that, upon annexation, all existing uses, buildings and development
on the Property may continue in existence as is, and will not require alteration to conform
to any different Federal Way standards, except as provided for elsewhere in this
Agreement or otherwise required to meet uniform fire safety codes and other life/safety
requirements under the UFC and UBC. Nothing in this section shall constitute a warranty
of any kind by the City, including the habitability of existing structures. This Agreement
contemplates that renovation and certain redevelopment of the Regional Commercial
Recreational Facility uses currently located on the Enchanted Park Property may occur
without imposing upon Enchanted Park the need or the requirement to undertake
improvements or to change existing uses and structures to conform to the current FWCC,
except as otherwise required by this Agreement. The provisions of Chapter 22, Article IV
"Nonconformance" FWCC, shall not be applied to the Regional Commercial Recreation
Facility uses in existence within the developed area as shown on EXHIBIT B as of the date
of this Agreement, but shall apply to all other Regional Commercial Recreational
Facilities outside of the developed area and any new Non-Regional Commercial
Recreational Facilities on the Property subsequent to the date of this Agreement.
4.1. Hours of Operation
The normal hours of operation for the uses on Enchanted Parks Property shall be
permitted from 9:30 a,m. to 10:00 p.m., seven days a week; provided that Enchanted
Parks may, from time to time, but not exceeding 15 times per year, maintain operations
later than 10:00 p.m. for special events, such as high school graduation parties, In
addition, operations offacilities on the Northern portion of the property (as depicted by a
dividing line on EXHIBIT J) shall be permitted until 1 :00 a.m. No outdoor music audible to
any residential areas shall be allowed after 10:00 p.m. Enchanted Parks shall fully comply
with the City Noise Ordinance, glare and lighting requirements; and shall modify, if
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directed by the Director of Community Development Services, noise and lighting to
minimize any impacts to the developed adjacent residential areas.
4.2. Improvements
4,2,], Parking
The parking areas and vehicle loading areas indicated on the parking plan
attached as EXHIBIT D constitute sufficient parking to support the uses of the
Enchanted Park Property existing on the date of this Agreement, and the physical
development and layout of such parking (including but not limited to stall width,
drive aisle width and location, surface improvement, landscaping and drainage) may
continue in existence subject to the provisions of this Agreement.
4,2,2, Existing Parking
Enchanted Park will maintain the existing number of baseline parking stalls as
shown on EXHIBIT D at all times. If expansion of Regional Commercial Recreational
uses is proposed to occur on existing parking lots, the lost parking stalls shall be
replaced to maintain the number of baseline parking stalls shown on EXHIBIT D.
These new stalls shall be constructed consistent with FWCC, For example, if new
water slides are added to the park by expansion into an existing parking lot, the lost
parking stalls will be replaced to maintain the baseline parking requirement.
If expansion of Regional Commercial Recreational uses occurs outside of the
existing boundary lines of the Park, as shown on EXHIBIT J, additional parking stalls
shall be added to the baseline parking stalls in an amount determined by the City, to
accommodate expansion or intensification of the facility. Enchanted Park shall
submit documentation that the additional stalls, if any, will appropriately
accommodate the proposed expansion. If the expansion also displaces any existing
parking stalls, the lost stalls will be replaced to maintain the number of baseline
parking stalls shown on EXHIBIT D. Any required new parking stalls shall be
constructed consistent with FWCC in effect at the time of the expansion.
If Enchanted Park proposes to add new uses which are not part of the Regional
Commercial Recreational Facility Use to the park operation, additional parking shall
be added to the baseline parking requirement consistent with the FWCC. If the new
use displaces any baseline parking stalls, those stalls shall also be replaced.
4,2,3, Signage
Lighting and signage integral and accessory to amusement rides installed on the
Enchanted Park Property, and incidental and decorative lighting (such, for example,
lighting or laser light displays), shall not be regulated as "signs" under the FWCC,
All signs on the Enchanted Park Property shall comply with applicable provisions of
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the Federal Way Sign Ordinance, codified at FWCC 22-335 and Article XVIII of the
FWCC, or as amended, or shall comply with EXHIBIT C, as applicable.
4,2.4. Drainage, Water Quality, and Parking Lot Expansion
Certain mitigation measures, as set forth in Section 4,2.4,1 below, and based
upon the drainage and water quality study contained in the attached EXHIBIT F, are
required to control the flow and quality of runoff from the Property. Enchanted Park
shall be required to maintain the drainage and water quality facilities described in
EXHIBIT F and the City acknowledges that such facilities, with the provisions
required by Section 4.2.4.1 are adequate for Regional Commercial Recreational
Facilities on the property. A new drainage and/or water quality study and additional
drainage or water quality improvements shall be required, however, if: I) 75% or
more of the annexation area is redeveloped or proposed to be redeveloped into uses
other than Regional Commercial Recreational Facility uses; 2) the drainage
improvements serving the Property no longer meet state or federal drainage or water
quality requirements; or 3) water leaving the Property fails to meet the then
applicable water quality requirements.
Approval Process - Parking Lot Expansion
The proposed 1,065 parking lot expansion on the southern 11.47 acres (Parcel V
as described on EXHIBIT A) will be granted Process III/Project Approval effective
upon annexation. The layout of the improvements and use of Parcel V for parking
has been reviewed and approved by the City contingent on meeting all required
codes except as otherwise set forth in this agreement, and subject to approval of the
annexation by the City Council. Prior to construction of any phase of the parking lot,
final approval of the construction plans in confonnance with the approved drainage
study and all other city requirements must be obtained. The City will issue the
necessary pennits for the Phase I parking improvements within thirty (30) days after
receiving the necessary pennit applications for Phase I following the effective date
of the annexation. In addition, construction of the Phase I parking improvements
may only occur once the Part I drainage improvements have been completed.
Process III/ Project Approval for Phases I and II of the parking lot expansion shall be
effective for seven (7) years from the date of approval.
Drainage Improvements
Part I Drainage Improvements - These improvements consist of construction
of pumping modifications necessary to operate Mud Lake as proposed in the
Drainage System Evaluation o/the Enchanted Vii/age/Wild Waves Site, and water
quality measures as described in the October 28, 1997 letter from ESM, Inc, EXHIBIT
F. They will include construction of a temporary control structure on the north side
of the roadway fill of South 369th Street, and embankment compaction of the
roadway fill from the control structure to the elevation of the control structure
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overflow pipe. These requirements will allow the pumped discharge from Mud Lake
to meet the requirements of the approved drainage study referenced above. These
improvements shall be installed no later than September 30, 1998,
Pumping Station Operation
To assure reliable and safe operation of the new pumping station, Enchanted
Park, Inc. shall comply with the following, which shall be included as conditions of
any permits granted for the improvements described in Sections 4.2.4 and 4,2.4.1:
Pumping shall be automatic, and shall be controlled by float switches or similar
sensors. Manual backup capabilities shall be provided for use in the event there is a
control malfunction.
A high-water alann shall be provided to notify security in the event the lake
level exceeds a predetermined level. This feature will allow maintenance personnel
to determine what is causing the pumping problem and to correct the problem before
there is a danger of exceeding the maximum allowable lake levels.
Enchanted Parks personnel shall be trained in the use and maintenance of the
pumping station, and shall keep an operations and maintenance manual in the station
to guide them in taking care of the facilities, and in troubleshooting any problems,
The pump station shall be equipped with lights and a heater to assure proper
operation during winter months,
Two pumps (one for standby) shall be provided, The pumps shall be operated
alternatively, to minimize excessive wearing on either pump. A run time meter shall
be provided on each pump to show the amount of actual pumping time, and to assist
with scheduling maintenance work.
Drainage Improvements - Parking Lot Expansion
Part II Drainage Improvements - These improvements consist of the proposed
1,065 parking lot proposed for the 11.47-acre Parcel V. The parking lot expansion is
proposed to occur in two phases, and at the option of Enchanted Park, the second
phase of the parking lot improvements can be completed in two steps instead of one,
provided that neither step is undertaken prior to the year 2002.
Phase I Parking - The first phase of the parking lot expansion will drain into
Mud Lake per the approved drainage plan, This work will consist of clearing,
grading, erosion-control measures, and construction of an asphalt-surfaced parking
lot for approximately 393 stalls on approximately 3.5 acres immediately east of
Milton Road and south the existing parking lot. Excess material removed from the
Phase I parking area may be stored on the site, as shown on a Grading plan approved
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by the City, provided the stockpiled material does not exceed 15,000 cubic yards and
is stockpiled consistent with the Grading plan. This stockpiled material will be used
as fill material for the Phase II parking lot construction. Per the October 28, 1997,
correspondence from ESM, Inc., water quality for the existing developed site
(approximately 47 acres) as of the effective date of annexation is handled by Mud
Lake which acts as a wet pond for the existing developed site, having approximately
1.89 times the required volume of212,782 cubic feet.
Phase II Parking - The second phase of the parking lot expansion will include
clearing and grading as required to build the oversized detention ponds/wet pond in
conformance with the Drainage System Evaluation of the Enchanted Village/Wild
Waves Site, EXHIBIT F, and construction ofthe remaining parking lot. In this
scenario, the clearing, grading and landscaping for the entire remaining site would be
completed. The clearing and grading of the entire Phase II must be completed at one
time even though the parking may be constructed in two steps due to the need to
balance the earthwork on-site, If Enchanted Park decides to complete Phase II in two
steps, the first step would include the construction of only a portion of the parking
lot and the construction of the oversized detention pond/wet pond, with the
remainder of the site being hydroseeded to control erosion until the second step of
the Phase II parking, consisting of paving and striping, is completed, Any area
cleared and graded in Phase II shall require the installation of the perimeter
landscaping for the affected area, consistent with the Parking Landscaping Plan,
EXHIBIT F-2.
Water quality for Phase II parking lot improvements will be handled by the
oversized detention pond/wet pond and appropriate water quality control measures.
All drainage and water quality improvements shall be completed concurrent with any
clearing and grading activities.
Drainage - Permits
So long as Enchanted Park is proceeding in good faith and with due diligence to
satisfy its obligations hereunder, and has submitted plans for such improvements to
the City at least six (6) months in advance of the respective compliance date, the
obligation of Enchanted Park under Section 4,2.4 shall be conditioned upon the
timely issuance by Federal Way and other agencies with jurisdiction of such permits
as may be required to authorize the improvements, If such compliance is delayed as a
result of the failure of an agency (other than Federal Way) to issue permits or
approvals required for this work, then the time for Enchanted Park's compliance
shall be extended as necessary to accommodate such delays, provided that Enchanted
Park posts a bond or other security acceptable to the City in an amount sufficient to
secure the cost of such work.
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4,2,5 Perimeter Landscaping
Certain landscaping measures set forth in Section 4.2.5,1 below are required,
The landscaping improvements for the replacement parking area as the result of the
development of to the "Wild Thing" amusement ride shall be consistent with the
existing landscaping on the parking lot to the south of the amusement ride and shall
be completed no later than ninety (90) days after the effective date of the
Annexation.
Landscaping Improvements
Enchanted Park shall complete landscaping improvements to the perimeter
landscape areas on the Enchanted Park Property as set forth on EXHIBIT G:
Phase I:
Phase 2:
Phase 3:
November 31,1999
November 31,2000
November 31, 2001
Proposed Parking Facility: Upon completion of the proposed parking facilities
as described in EXHIBIT F -1, or upon completion of each phase of such parking
facility, adjacent perimeter landscape areas, as shown on EXHIBIT F-2 shall also be
completed, except as described in Section 4.2.4.4
So long as Enchanted Park is proceeding in good faith and with due diligence to
satisfY its obligations hereunder, and has submitted plans for such improvements to
the City at least six (6) months in advance ofthe respective compliance date, the
obligation of Enchanted Park under this subsection shall be conditioned upon the
timely issuance by Federal Way of a grading permit or other authorization, if
required to permit the landscaping improvements. If such compliance is delayed as a
result of the failure of an agency other than Federal Way to issue permits or
approvals required for this work, then the time for Enchanted Park's compliance
shall be extended as necessary to accommodate such delays, provided that Enchanted
Park posts a bond or other security acceptable to the City in an amount sufficient to
secure the cost and performance of such work.
4.2.6. Extensions of Time
Enchanted Park may petition the City for extension of any of the compliance
dates set forth above, and the Director of Community Development Services may
grant such extension for a reasonable period necessary to allow completion of the
work, so long as Enchanted Park has made good faith efforts to comply with the
stated compliance date, and posts bonds for 1,2 times the value of the work.
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4,2.7. Outdoor Uses
Such Regional Commercial Recreational Facility uses as Enchanted Park does
now or may hereafter conduct outdoors on the Enchanted Park Property under this
Agreement are permissible outdoor uses.
4,2,8, Access
The access and driveway locations on the Enchanted Park Property existing as
of the date hereof, as shown on the access plan marked as EXHIBIT H attached hereto,
are hereby acknowledged by the City and no changes to such improvements for the
existing uses will be required by the City, This does not supersede the jurisdiction of
the Washington State Department of Transportation regarding the driveway onto
Enchanted Parkway from the Enchanted Park Property. Direct vehicle access to
South 369th Street shall be prohibited so long as the Enchanted Park Property is
utilized as an Amusement Park.
4.2.9, Lighting
The lighting of the Enchanted Park Property existing as of the date hereof, as
shown on the lighting plan attached hereto as EXHIBIT I, is hereby acknowledged by
the City and no changes to such improvements for the existing uses will be required
by the City.
4.3. Traffic
As of the date of this Agreement, the parties agree that the traffic generated by the
uses and activities on the Enchanted Park Property is as set forth in EXHIBIT K, attached
herein and incorporated herein. In the review of any future expansion of the water slide
park and amusement park uses on the Property, the City shall recognize an occupant-
to-vehicle ratio of2,5 for such uses, consistent with the traffic report, EXHIBIT K.
5. UTILITY SERVICE
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. MITIGATION AND IMPACT FEES
Except as otherwise provided for in the Agreement, Federal Way shall not impose or
attempt to recapture any fees from Enchanted Park or impose other requirements on
Enchanted Park to mitigate potential impacts associated with the present Regional
Commercial Recreational Facility use of the Enchanted Park Property (including uses
authorized under Sections 8.1, 8.2, and 8.3 below), except to the extent that street,
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sidewalk, or other public improvements may be required under FWCC Section 22-1473.
Enchanted Park shall be entitled to conduct uses and activities throughout the year on the
Property that do not exceed the average daily and peak hour traffic levels identified in
EXHIBIT K, without the need or requirement to pay mitigation or impact fees of any kind;
provided that use or development that exceeds such traffic levels in the future shall be
subject to such mitigation fees as the City may prescribe by ordinance, In the event traffic
development fees or mitigation is imposed, the City agrees that it will allow Enchanted
Park to utilize a "pay and go" system, under which the payment of the applicant's fair
share impact fee or construction of any required on or off-site improvements will
constitute full off-site mitigation, and shall satisfy any concurrency requirement of the
City under the Growth Management Act; provided traffic study safety needs are
addressed to the satisfaction of the City's Public Works Director.
7. REGULATION OF AMUSEMENT RIDES
During the term of this Agreement and consistent with state law, regulation of the
operation of amusement rides on the Enchanted Park Property, including licensing and
inspection of such rides, shall be solely governed by the State of Washington Department
of Licensing (or successor state agency) and Federal Way shall not exercise such
regulatory authority, except as may be necessary pursuant to adopted Building Code
requirements, Federal Way will continue to perform the annual electrical inspection that
were previously performed by the Washington State electrical inspector.
8. FUTURE IMPROVEMENTS
Enchanted Park anticipates and the City acknowledges that, during the term of this
Agreement, certain renovation, repair, maintenance, expansion and redevelopment of the
Enchanted Park Property will occur, as set forth in this Agreement.
8.1. Maintenance and Renovation Activities Within the Developed Area
Enchanted Park shall be authorized to conduct all routine maintenance, repair, and
renovation activities as may be necessary or prudent in order to upgrade the existing
facilities or uses in the Enchanted Park Property without the need for permit approvals,
except, if applicable, electrical and tenant improvement permits. Any such activities will
not require existing structures to be modified to comply with the FWCC, except to the
extent necessary to comply with emergency service access, fire code and/or life-safety
code requirements as contained in the City's adopted UBC and UFC.
8.2. Amusement Rides
Within the area identified as "Development Area" on EXHIBIT J, Enchanted Park,
shall be entitled, from time to time and at its discretion, to move existing or add
additional Regional Commercial Recreational Facilities, subject only to Article IV.A.,
Process I - Director's Approval or as set forth in Section 3.4 - Height Restrictions, and
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SEP A, if applicable.
8.3. Parking Lot Expansion
Enchanted Park shall be permitted to expand its parking facilities in three phases, at
its option, as described on EXHIBIT F-l and EXHIBIT F-2, and Section 4.2.4. The parking
area snail be constructed in accordance with Federal Way City Codes; and Enchanted
Park shall be required to implement the drainage improvements set forth in Section 4,2.4
above in connection with any such development.
9. COMPLIANCE WITH OTHER CODES
Enchanted Park acknowledges that nothing in this Agreement shall be construed to
relieve it of the obligation to comply with such statutes, codes, or regulations as may be
applied to or enforced against the uses and activities on the Enchanted Park Property by
agencies with jurisdiction other than Federal Way.
10. TAX MATTERS
If Federal Way imposes any fee, tax, or other monetary charge based upon the use of
the Enchanted Park Property, including without limitation, ticket taxes, admissions taxes
or fees, or concessions taxes (an "Admission Tax") during the term of this Agreement, in
consideration of the substantial cost to Enchanted Park ofthe improvements required
under this Agreement, and to the extent authorized by law, Federal Way agrees that any
Admission Tax will not be imposed upon any activities on the Property for a period of
twelve (12) months following notice to Enchanted Park of the proposed tax. This Section
shall not limit the City ftom imposing its local option business and occupation tax in
accordance with state law.
11. OBLIGATION TO ANNEX
The parties may elect to withdraw from this Agreement as follows:
11.1. Failure of Condition
For purposes of this Agreement, the condition (as set forth in Sections 2 and 3
above) requiring adoption by the Federal Way City Council of certain ordinances shall
not be deemed to be satisfied until such ordinances shall be adopted in proper form and
substance and until all appeal periods with respect to such ordinances (or any review
conducted in connection with such ordinances) shall have passed without any appeals
having been filed.
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11.2. Withdrawal
Although Federal Way agrees to hold an annexation hearing as provided in
Section 2, nothing in this Agreement obligates Federal Way to adopt a final annexation
ordinance annexing any portion of the annexation area nor to adopt this Agreement, but if
Federal Way does not do so prior to July I, 1998, then Enchanted Park may withdraw
from this Agreement as provided in this Agreement. Upon Federal Way's adoption of the
Annexation Ordinance and approval of this Agreement by both parties, this Agreement
shall be binding upon Federal Way and Enchanted Park. Nothing in this Agreement shall
prevent the annexation of the Enchanted Park Property by Federal Way, upon proper
fulfillment by Federal Way of all petition and election procedures in accordance with
State law.
12. GENERAL PROVISIONS
12.1. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of
the State of Washington.
12.2. Binding on Successors; Assignment
This Agreement is intended to protect the value of the Enchanted Park Property, as
well as the public health, safety, and welfare of the City of Federal Way, and the benefits
and burdens inuring to the Property and the City as a result of this Agreement shall run
with the land and shall be binding upon Enchanted Park, its heirs, successors, and assigns
and upon the City Federal Way, for the term of this Agreement. This Agreement and its
benefits or burden shall be assignable by Enchanted Park, and to the extent a successor or
assign assumes the obligations of Enchanted Park under this Agreement, Enchanted Park
shall have no further liability or obligations under this Agreement.
12.3. Recording
This Agreement or memorandum hereof shall be recorded against the Enchanted
Park Property as a covenant running with the land and shall be binding upon Enchanted
Park, its successors and assigns. If this Agreement is terminated, Federal Way will
execute appropriate documents to so indicate.
12.4. No Severability
The provisions of this Agreement are not severable. In the event any provisions of
this Agreement are determined to be unenforceable or invalid by a court oflaw, then this
Agreement shall thereafter be rendered voidable at the option of either party, which
option shall be exercised in writing no later than ten (10) business days after the court
determination or thereafter shall be deemed waived. Provided, that no such determination
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of invalidity occurring after the effective date of annexation shall affect the validity of the
annexation.
12.5. Authority
Federal Way and Enchanted Park each represent and warrant to the other that it has
the respective power and authority, and is duly authorized to execute and deliver this
Agreement. Enchanted Park represents and warrants that it is the fee owner, contract
purchaser, or lessee of the Enchanted Park Property.
12.6. Term of Agreement
This Agreement shall remain in full force and effect for twenty (20) years from the
effective date of this Agreement unless terminated prior to that date by the mutual
agreement of the parties or by the City pursuant to Section 14 ofthe Concomitant
Development Agreement.
12.7. Amendment
This Agreement and attached exhibits may be modified only by a written instrument
duly executed by both parties. In the case of a proposed major modification by Enchanted
Park to the land use provisions set forth in this Agreement and Exhibits, the Process VI
procedures of the FWCC shall be utilized, At the request of Enchanted Park, the Director
of Community Development Services may authorize minor modifications to the land use
provisions set forth in this Agreement if the Director of Community Development
Services determines that a proposed modification to this Agreement does not constitute a
"major" modification hereunder. No such modification may impair or restrict the existing
uses or development of Enchanted Park under this Agreement; provided, however,
notwithstanding the provisions of this Agreement to the contrary, the City of Federal
Way may, without the agreement of Enchanted Park, adopt and impose upon the
Enchanted Park Property restrictions and development regulations different than those set
forth herein, ifrequired by a serious threat to public health and safety.
12.8. Exhibits
Exhibits A through L attached hereto are incorporated herein by this reference as if
fully set forth.
12.9. Headings
The headings in this Agreement are inserted for reference only and shall not be
construed to expand, limit or otherwise modify the terms and conditions of this
Agreement.
Concomitant Development Agreement
#2806015361-2 LNGl5'.DOC 1/30/98
page 160f19
12.10. Integration
This Agreement and Exhibits represents the entire agreement of the parties with
respect to the subject matter hereof. There are no other agreements, oral or written, except
as expressly set forth herein,
13. INDEMNIFICATION
Enchanted Parks, Inc, releases and agrees to defend, indemnify, and hold harmless
the City and all of its elected and appointed officials and its employees from all liability,
claims, appeals, and costs, including the costs of defense of any claim or appeal, arising
in connection with the annexation of the Enchanted Park Property and this Agreement,
except to the extent resulting from the sole negligence of the City or its officers, agents,
or employees in performance of this Agreement.
14. COMPLIANCE
In the event Enchanted Park shall fail to satisfy any of its obligations under this
Agreement, the City shall have the right to exercise any remedy at law or in equity to
compel the performance of such obligation, including such remedies as may be provided
under the enforcement provisions ofthe Land Use Code. In addition, Enchanted Park's
failure to satisfy any of its material obligations in this Agreement shall constitute a breach
of contract and shall be grounds for termination of this Agreement by the City.
15. POLICE POWER
Nothing in this Agreement shall be construed to diminish or restrict the police
powers of Federal Way as granted by the Washington State constitution or by general
law, but this agreement is an exercise of Federal Way's authority granted under
RCW 35A.14.330, and 1995 Washington State Laws, ch. 395, §§ 501-506 and other
powers.
16. EFFECTIVE DATE
This Agreement shall become effective upon the effective date of the City Ordinance
approving this Agreement and approval of the Agreement by both parties.
Dated as of the date first above written.
Concomitant Development Agreement
#2806015361-2 LNGI5!.DOC 1130/98
page 170fl9
CITY OF FEDERA~... .. . .
a Wa~Cl /
By .~
Name KEN € I f. ;VY~,fG
Title f!.ìTy ¡YJJ9N""~
ENCHANTED PARKS, INC.,
a Washington co
By
STATE OF WASHINGTON
}
ss,
COUNTY OF KING
0.,. , p'=MIIY'pp""'" ""fore m£~'i"b ' '" mol,"ow"
to be the IóJ the CITY OF FEDERAL WAY, e I ipal
corporation t executed the foregoing instrument, and acknowledged such instrument to be
the free and voluntary act and deed of such a municipal corporation, for the uses and
purposes therein mentioned, and on oath stated that [he/she] was duly authorized to execute
such instrument.
Gl~DER JAND AND OFFICIAL SEAL this.J. ~ ~ay of
~../ , 1998.
~~#Ø5~F ¡:eJ
nt d {ami ~ í4~~----
NOTARY PUBLIC in and for the State of
W~&residing at
~.-/
My Commission Expires
/ I/~/,;Le d {!
Concomitant Development Agreement
#2806015361.2 LNGl5!.lJOC 1130/98
page 180f19
STATE OF WASHINGTON
}
ss,
COUNTY OF KING
On this day personally appeared before meT«-fÇ S+..c K , to me known
to be the th R '-kh.-* of ENCHANTED PARKS, INC" the corporation that
executed the foregoing instrument, and acknowledged such instrument to be the free and
voluntary act and deed of such corporation, for the uses and purposes therein mentioned, and
on oath stated that [he/she] was duly authorized to execute such instrument.
GIVEN UNDER My HAND AND OFFICIAL SEAL this ~ day of
y'Y\ (J",---,,-~ , 1998,
~~\\~ \J ~",ù\ A
pri~V ~
NOTARY BLIC In and for the State of
Washington, residing at
'T ~'^"'-
My Commission Expires
(0""';;><::>0;::'
Concomitant Development Agreement
#2806015361-2 LNGJ5!,DOC 1/30/98
page 190fl9
EXHIBIT A
ESM inc.
I~
A CIVil ENGINEERING,lANO SURVEY, AND PROJECT MANAGEMENT CONSUlTING FIRM
Enchanted Parks
Job No. 163-03-950-006
October 16, 1997
EXHIBIT -A
PAGE-LOF Å-
LEGAL DESCRIPTION FOR ANNEXATION
TO THE CITY OF FEDERAL WAY
Those portions of the southwest quarter of Section 28 AND of the southeast quarter of Section
29 AND of the northeast quarter of Section 32 AND of the northwest quarter of Section 33, ALL
in Township 21 North, Range 4 East, W.M., King County, Washington, being more particularly
described as follows:
BEGINNING at the northeasterly comer of Parcel "Z" of "Regency Woods Division I"
according to the plat thereof recorded in Volume 154 of Plats, Pages 81 through 97, inclusive,
Records of King County, Washington;
THENCE southeasterly along the northeasterly line of said parcel, said line being coincident
with the southwesterly margin of Enchanted Parkway (AKA SSH No. 5-0 / Kit Comer Road
South (SR 161) to the northwesterly margin of 19th Way South as shown on said plat;
THENCE southwesterly along said northwesterly margin to the northerly margin of South 369th
Street as shown on the plat of "Regency Woods Division 2" according to the plat thereof
rec6rded in Volume 156 of Plats, Pages 16 through 20, inclusive, Records of King County,
Washington;
THENCE westerly along said northerly margin and the westerly extension thereof to the easterly
margin of SR 5 (AKA PSH No. I), also being the City of Federal Way Limits as defined by King
County Code Ordinance No. 8779;
THENCE northerly along said easterly margin to said southwesterly margin of Enchanted
Parkway;
EXP1R6
THENCE southeasterly along said southwesterly margin to the
POINT OF BEGINNING.
See attached Exhibit "B".
Written by: C.A.F.
Checked by: RJ.W.
\lesm\sys\w,d'proc\!,ga!11630304.doc / oj 17/ '! 7
720 South 348th S',eet . Fedeca! Way. Washington 98
Fedecal Way (2061 838.6113 . Tacoma (206) 927-0619 . Seattle (2061 623,5911
. Fa" (206) 838.7104
EXHIBIT "B"
TO ACCOMPANY LEGAL DESCRIPTION FOR ANNEXATION
A PORTION OF SECTIONS 28. 29. 32 AND 33.
TWP. 21 N., RGE. 4 E.. W.M..
KING COUNTY. WASHINGTON
f
PARCEL OWNERSHIP
CD ENCHANTED' PARKS INC.
CD ENC>WoITED PARKS INC.
<1) ENCHANTED PARKS. INC.
CÐ ENCHANTED PARKS INC.
@ KING COUNTY
0 W.S.D.O.T.
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JOB NO. 16J-OJ-950cO06
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PAGE-LOF~
EXHIBIT C
Office Park Zone (OP-4) Development Regulations
1. PURPOSE AND OBJECTIVES
These Office Park Zone (OP-4) development regulations are established to govern the
operation and development of a Regional Commercial Recreation Facility and other permitted
uses as defined herein, and as described in any Concomitant Development Agreement pursuant
to Federal Way City Code (FWCC) 19-104 for property zoned OP-4.
2. ApPLICABILITY
A. The provisions ofthis Section will apply to all lands zoned OP-4, which shall be
subject to its own unique standards and review processes as set forth herein and in any
Concomitant Development Agreement pursuant to Federal Way City Code (FWCC) 19-104 for
property zoned OP-4. If the provisions relating specifically to the OP-4 Zone conflict with other
provisions of City codes or any Concomitant Development Agreement, these OP-4 Zone
provisions shall prevail. After the effective date of a Concomitant Development Agreement, any
change in FWCC referenced in any Concomitant Development Agreement shall not be deemed
to modify this Zone except as otherwise provided in the Concomitant Development Agreement.
B. Reference herein to the "FWCC" shall refer to Chapters 18, 20, 21 and 22 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.
3. USES PERMITTED
A. In addition to the uses allowed in the Office Park Zone of the FWCC, the following
principal uses are permitted outright:
1.
Regional Commercial Recreational Facility as defined herein;
2.
Hotel on a parcel not to exceed five (5) acres and as regulated by Sec. 22-757
Exhibit C
Office Park Zone (OP-4) Development Regulations
page I of4
EXHIBIT C
PAGE-LOF If
FWCC, except as otherwise set forth in these Development Regulations;
3. Restaurants as regulated by Sec. 22-753 FWCC, except as otherwise set forth in
these Development Regulations;
4. Retail establishments that provide entertainment, recreational and cultural
services, or activities; and Retail Sales, general and specialty not to exceed an amount of
square feet of gross floor area on land described in a Concomitant Development Agreement
pursuant to Federal Way City Code (FWCC) 19-104;
5.
Caretaker residence.
B. Regional Commercial Recreational Facility shall mean a use operated for profit, with
private facilities, equipment and/or services, both indoor and outdoor for entertainment and
recreational purposes, including large- and small-scale amusement rides, roller coasters, aquatic
park facilities, swimming pools, accessory video and movie facilities, petting zoos, and other
similar uses. Such a use shall be of a scale or offer unique recreational opportunities so as to
provide recreational services of a regional nature. The use of such area may be limited to private
membership or may be open to the public upon payment of a fee.
C. Accessory Uses. The following accessory uses shall be reviewed using that process
associated with the permitted use to which it is attached:
I. Warehousing and distributing, secondary to permitted primary uses provided
such use does not exceed twenty-five percent (25%) of the permitted use;
2.
Outdoor storage; and
3. Any other use determined by the Director to be compatible with the above
accessory or permitted uses pursuant to Section 22-946 of the FWCC.
D. Temporary Uses. The following temporary uses may be conducted in this Zone and are
exempt from the requirement of Article X, Chapter 22 of the FWCC:
Temporary use in this Zone shall include seasonal retail sale of agricultural products
such as vegetables, fruit, or flower stands; community festivals; outdoor sales of recreational
vehicles; boat shows; or other parking lot sales, provided each temporary use exists for no
more than seventy-five (75) days in every three hundred (300) days.
Exhibit C
Office Park Zone (OP-4) Development Regulations
page 2 of .¡
EXHIBIT C.
PAGE~OF -'f-
4. GENERAL DEVELOPMENT STANDARDS
AND REVIEW PROCEDURES
A. Except for Regional Commercial Recreational Facilities, the development standards
and review procedures for all uses, except as otherwise set forth in a Concomitant Development
Agreement pursuant to Federal Way City Code (FWCC) 19-104, shall conform with those
identified by the corresponding use in the FWCC Office Park Zone as appropriate. In the event a
non Regional Commercial Recreational Facility use permitted in the OP-4 zone is not permitted
in the FWCC Office Park Zone, then those development standards and review procedures
identified for the specific use in the first zone where the use is allowed, shall apply, except as
otherwise set forth in this Agreement; provided, however, that Process II, Article V, Chapter 22,
of the FWCC shall be applied to all such uses. For Regional Recreational Facilities within the
developed area as shown on EXHIBIT J, Chapter 22, of the FWCC, Article IV.A,
Process 1 - Director's Approval, shall be utilized for all such proposed uses. For all other
Regional Recreational Facilities, Process II, Article V, Chapter 22 of the FWCC shall govern.
B. The height restriction for property zoned OP-4 shall be thirty-five (35) feet unless
otherwise established by a Concomitant Development Agreement pursuant to Federal Way City
Code (FWCC) 19-104 between the City of Federal Way and the Property Owner.
C. Any proposed new development, requiring a development permit, approval of a plan
and a landscaping plan, shall submit such plans in compliance with the requirement of the
FWCC, except as otherwise set forth in a Concomitant Development Agreement pursuant to
Federal Way City Code (FWCC) 19-104 :
I. The required site plan shall be limited to the area which would be disturbed by
any proposed structure or proposed impervious surface.
2. The boundaries of any required landscape plan shall be coterminous with the
disturbed area.
5. ENVIRONMENTALLY SENSITIVE AREAS
A.
Any portion of property zoned OP-4 which is classified as environmentally sensitive
Exhibit C
Office Park Zone (OP-4) Development Regulations
page 3 of 4
EXHIBIT C. .
PAG E-3- OF-4-
pursuant to Chapter 22, Article XIV (environmentally sensitive areas) of the Federal Way City
Code, and on which new development is proposed shall comply with the requirements therein,
except as provided in subsection B below.
B. The provisions of Chapter 22, Article XIV (environmentally sensitive areãs) shall not
apply: to new development within artificially-created lakes, wetlands, streams, or surface water
retention ponds, or their required setbacks or buffers, except that the provisions of Chapter 22,
Article XIV shall apply to any development proposed in lakes, wetlands, or streams (or their
required setbacks or buffers) created as mitigation for impacts to wetlands. lakes or streams.
6. SIGNS
Notwithstanding any requirements in FWCC Section 22-335 or FWCC Section 22-1601, a
Regional Commercial Recreational Facility may have no more than one regional, high profile,
freestanding sign as defined in this Section of the OP-4 Zone. Such a sign shall be in lieu of, not
in addition to, one of the two high profile signs that might otherwise be allowed under FWCC
Section 22-160] . A regional, high profile, freestanding sign shall be allowed only in connection
with Regional Commercial Recreational Facility use, and shall be removed at such time when
more than fifty percent (50%) of the square footage of the area devoted to such existing uses as
shown on EXHIBIT B are converted to uses other than Regional Commercial Recreational Facility
uses. Upon removal of a regional, high-profile, freestanding sign, FWCC Section 22-160 I shall
regulate high profile signs on the OP-4 Zoned property.
kregional, high profile, freestanding sign must be located near to a regional transportation
system (such as an interstate highway), must be located at least three hundred (300) feet from any
area zoned residential along SR 161 and S. 369th Street, and may be up to seventy-five (75) feet
high and up to thirteen hundred (1,300) square feet in area.
I IENCHTEDW\EX"'BITC WF"'"",y 6, ""
ExhibiI C
Office Park Zone (OP-4) DevelopmenI Regulations
page 4 of 4
EXHIBIT ~- - - .
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EXHIBIT F
.
Drainage Improvements - Water Quality Analysis
(Summary - Full text is available at City Hall)
#7300915361-2 IKCIOILDOC 11103/97
.:XHISIT -Ii_"
PAG~OF2J_n
-11/63/1997
12:25
253-661-8699
ENŒiANTED PARKS EXEC
PAGE 62
Drainage System Analysis
Revised October I, 1997
Page I .
INTRODUCTION
Purpose
This drainage report has been prepared to analyze on-site drainage conditions for the Enchanted
VillagelWild Waves site, and to evaluate possible alternatives to solve the documented storage
capacity problems with Mud Lake during winter stonns.
History
The Enchanted Village site is approximately 47.1 :!: acces in total area, and is located at the
intersection of Enchanted Parkway (Highway 161) and Milton Road, which is sitUated in the
southwest quarter of Section 28, Township 21 North, Range 4 East, W.M. in unincorporated King
County. (See attached vicinity/soils map.)
The surface water runoff within the site flows primarily from north to south, with the exception of
the south parking lot, which flows from south to north. Since all of the runoff flows to Mud Lake,
this volume increases the water surface elevation to the point that the bank surTounding the lake is
being overtopped during winter rainstonn events. The maintenance staff has been using a pump
periodically (approximately every tWO weeks) during the winter months to draw down the lake
level to the point where a rainfall event does not cause the lake to overtop itS banks. The water
has been pumped to the south, across an undeveloped parcel betWeen the existing Wild Waves
parking lot and South 369th Street. which drains across an existing wetland and into the detention
pond for the Regency Woods Plat.
The Enchanted ParksIWild Waves site is located within an area which is in the process of being
considered for annexation to the City of Federal Way. To meet the requirementS of Federal Way,
the site is being analyzed for existing and future conditions, with a pennanent solution developed
to solve the identified stOrage capacity problems. The proposed solution must then be approved
by the City of Federal Way for annexation consideration. If the proposed solution is approved,
construction of the improvements will be completed 10 bring the site into compliance with CUrTent
standards.
Scope
The scope of services for this report has been developed to satisfy the requirements of the City of
Federal Way and King County Surface Water Management (since the site is currently in King
County). and consists of the following tasks:
I.
2.
Runoff analysis for the basin which drains to Mud Lake for existing land use conditions.
Runoff analysis for the basin which drains to Mud Lake for future land use conditions and
full development.
Investigation of on-site topography. including field survey. to allow development of
possible alternatives to pumping (such as raising the elevation of the sides of the lake at
the e;.;isting low points (0 provide additional storage, or pumping Mud Lake to a lower
elevation than has historically been done, etc.).
3.
EXHIBIT L--..--
PAGE~OF-2L
NOV-03-1997
11:33
253 661 8Ø99
98%
P.02
11/1:13/1997
.,
..
]
]
]
]
]
]
12:.25
253-661-81:199
ENa-IANTED PARKS EXEC
. PAGE 83
Drainage System Analysis
Revised October I, 1997
Page 2
4.
Develop time/volume relalionships of Mud Lake for the 100 year design stonn runoff
conditions for use in developing minimum pump flow scenarios to maintain allowable
water surface elevations for the 100 year event (since it is a closed depression). -
Investigate how the proposed discharge from Mud Lake will impact the downstream
detention pond which is part of the regency Woods development. Analysis of the
detention pond to detennine whether it can accommodate the proposed pumping scheme
without modification, or whether it can be modified to hold additional volume without an
increase in peak flow to Hylebos Creek.
Perfonn field topographic sUlVey of existing wetland area to allow hydraulic analysis of
stonnwater which would back-up from the Regeocy Woods detention pond if the water
surface elevation is allowed to raise.
Perfonn analysis of stonnwater as it flows through the inventOried Class I wetland and
into the detention pond to dercnnine whether it creates a potential impact to the wetland.
B-twelve Associates will perfonn a field investigation of the area to detennine what the
impactS of temporary detention storage would be, and whether any mitigation or design
alternatives would be necessary.
Recommendations based on analysis of each of the alternatives and how they will affect
property and water courses downstream of the discharge site.
5.
6.
7.
8.
9.
GENERAL INFORMA nON
Hydraulic Method of Analysis
Analysis of the site was conducted using the King County Runoff Time Series (KCR TS, version
3.0), a hydraulic software package developed by King County Surface Water Management for use
in, the draft 1997 King County Surface Water Management Manual. The Computer Software
Ref.!ence Manual dated November 1996 was utilized for the analysis. Storm events modeled
included the 2-year. 10-year, 25-year, and the ¡OO-year stonns. The project location per Figure
111-4 is Seatac with a scale factor of t .0. Hourly timesteps with reduced date type were used for
the analysis as requested by staff at both King County and the City of Federal Way. Since no
infiltration was assumed for any of the ponds, a penneability of 10,000 minutes per inch was
assumed. This is a conservative analysis, but due to the effort it would take to dotennine an
infiltration rate, this assumption seems reasonable for the analysis.
Scope of Analvsis
Per several meetings with staff at both King County and the City of Federal Way and a letter from
ESM, Inc. dated April 22, 1996, the scope is confined to the following:
NOV-03-1997
1. Analyze Enchanted Parks/Regency Woods drainage basin for existing conditions after
(he original Regency Woods development, but without the pumping of stonn water
from Mud lake. This will be used as a basis to deteonine the effects of existing and
proposed pumping conditions on the wetland.
EXHIBI"t~E
PAGE-10F~
1t :34
253 661 8099
98%
P.03
....
11/133/1 '3'37
12:25
253-661-813'3'3
ENæANTED PARKS EXEC
PAGE 04
1
]
Drainage S~'stem Analysis
Revised October I, 1997
Page 3
EXHIBIT ~ --
PAGE~---'--
]
]
2. Analyze the basin with the inclusion of the existing pumped discharge from Mud
Lake. This will indicate any additional depth of the stann water flows within the
wetland, which has historically been allowed and which has changed the
.characteristics of the wetland over time. It was agreed that wetland mitigation
measures will not be based on the changes which have already occurred due to the
historic pumping which has occulTed in the past, but only on measures needed to
reduce futUre impacts due to proposed pumping activities.
3. Analyze the basin with the inclusion of the proposed pumping from Mud Lake to
determine the change in depth of flow through the wetland and e¡cisting Regency
Woods detention pond. It is anticipated that there will need to be a review of the
wetland conditions and plant species at the site to evaluate the impacts and needed
mitigation due to the proposed pumping.
]
]
]
Points of Analysis
]
Flow into Mud Lake is the first point of analysis. Existing conditions and developed conditions
will be compared.
]
]
Flow out of Mud lake is the second point of analysis. As previously stated, the primary storage
structUre for stonnwater runoff from the site is Mud Lake. The e¡cisting and developed conditions
will be compared as to the e¡cisting and proposed pump rate out of Mud l.ake as well as the
storage requirement within Mud Lake. The developed conditions consist of the full.build out of
Enchanted Parks as well as Phase 1 and 11 of the Wild Waves parking lot expansion.
]
]
Flow from the PUD site (Basin 2) is the third point of analysis. The existing and developed
conditions will be compared as well as the proposed temporary conditions. (The proposed
temporary conditions development consists of the full build out of Enchanted Parks as well as
Phase I of the Wild Waves parking lot e¡cpansion.)
]
Flow out of the wetland is the fourth point of analysis. The wetland will be analyzed to determine
the height of water within the wetland for all three conditions defined in the scope of analysis
above.
]
Flow out of the detention pond is the fifth point of analysis. The detention pond will be analyzed'
to determine the height of the water for various storm eventS within the detention pond as well as
the release rates out of the control structUre at the outlet end of the detention pond. Part of the
analysis will include a downstream capacity analysis (downstream of the control structure) for all
three conditions defined in the scope of analysis above.
]
]
There is an existing flap gate separating the wetland and the Regency Woods detention pond. A
comprehensive analysis of this flap gate is quite difficult. As agreed per the City of Federal Way
letter dated December 9, 1996. (exhibit DlgC), a "bounded" approach to this connection point is a
realistic approach. The upper limit is to model the flap gare closed. with the wetland and the
detention pond as separatc storage structures. Thc release rate out of the wetland is calculated by
assuming zero discharge out of the wetland until the elevation of the water reaches the top of the
berm separating the wetland and the Rcgency Woods detention pond. At that point. outflow is
NOU-03-1997
11' 34
253 661 8099
98%
P.04
li/a"l J.'j'jl
J.:¿::¿5
. .'....--------
253-GGl-8~':I':I
t:.Nl:HANTED PARKS EXEC
PAGE e5
Drainage System Analysis
Revised October 1,1997
Page 4
1
1
]
1
]
]
J
]
J
]
]
]
]
]
I
]
I
calculated os a weir overtopping into the detention pond. The lower limit is to model the "apgate
open as an equalizer pipe and allow the wetland and the detention pond to act as one large storage
facility. The release rate out of the combined facility uses the orifice schedule from the outlet
strUcNre of the detention pond. The final analysis will analyze the upper and lower limits'ofboth
elevation and flow comparisons.
ANALYSIS
Basin An~sis
Please refer to the attached basin maps in Appendix D for reference to each of the sub.basins.
Basin 1
The tOtal Basin I is that area which drains into Mud Lake. It is the total of sub-basins lA, IB, IC
and 10.
B..,ln IA
Basin IA is the frontage of Milton Road South and that portion of 1-5 that drains toward Mud
Lake which consists of approximately U5 Acres of impervious and 4.66 acres of till grass. A
field visit was made as well as researching of the Department of Transportation plan records
(Exhibit 019) to clarify the basin limits. [t is assumed that the existing conditions and the
developed conditions are the same. If improvements are made along Milton Road South, it is
assumed that mitigation for water quantity and water quality will be required.
Impervious
Interstate 5
720 IfK 25 feet of pavement (14' lane with shoulder) = 18,000 sq. ft.
Milton Road
2100 lfx 22 feet of street width = 46,200 sq. ft.
less 500 If x II feet of crowned pavement section near the hi point
and southerly = 5500 sq. It
Total impervious = 18,000 + 46,200 - 5500 '" 58,700 sq. It '" U5 Acres
Pervious
2900 If x 70 feet wide '" 203,000 sq. ft. = 4.66 Acres
B..,iD 15
Basin 15 is the property limits of Enchanted Parks (not including the recently purchased
Enchanted Woods P.U.D. property). This entire sub-basin drains into Mud Lake. There is a basin
break near the east boundary, but for a conservative analysis the entire property is calculated
within this sub-basin.
~XHIBIT Fa
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Revised October I. 1997
Page 5
EXHIBIT':'
PAGE-'.OF ~ ,-
Existin¡¡: Conditions
The site of Enchanted ViliagelWild Waves is primarily developed with recreational fllt:ilities.
Existing ground cover conditions for the site consists of lawn/landscape areas and impervious
areas.
The existing site (47.13 Ac.) is comprised of approximately 27.12 acres of impervious area, 3.08
acres which are open bodies of water (including swimming pools), and 16.93 acres of till grass.
The open bodies of water is modeled as impervious, rather than as a wetland, per the requirements
of KCRTS.
Developed Conditions
Enchanted Parks is proposing to redevelop certain areas within the site. Proposed new facilities
include a hotel; restaurant and conference facility, office building; and indoor family fun center
(see attached Appendix 0).
Without specific site improvement plans, the following assumptions were made:
Impervious
Description Area (Ac.) (% of Ac.)
Hotel and Facilities 5.0 90/4.5
Office Building 0.69 100/0.69
Family Fun Center 0.69 100/0.69
Receiving Building 0.10 100/0.10
Snack Bar 0.16 100/0.16
Toral: 6.64 6.14
Pervious
(% of Ac.)
10/0.5
0.5
Based on these assumptions the impervious area of the 47.13 acre site increased by 6.14 acres.
Therefore, the area breakdown for future conditions is 33.26 acres of impervious area; 3.08 acres
of open bodies of water (modeled as impervious as required by KCRTS . a total 003.26 + 3.08 =
36.34 acres of Impervious) and 10.79 acres of till 8rass (slight changes in the ultimate areas to be
improved would have little or no effect on final results of the runoff analysis).
Basin IC
Basin IC is me western porrion of the Enchanted Woods P.U.D. that currently drains toward Mud
Lake.
E"istine Conditions
The sub-basin consists of approximately 3.50 acres (381 feet by 400 feet) of [ill forest.
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Page 6
Developed Conditions
The sub-basin will consist of approximately 3.50 acres of impervious and approximately 0.52
acres of till grass. These areas are per the Wild Waves parking lot Phase I engineering plans by
ESM dated September, 1997.
BasilllD
Basin 1 D is that portion of Regency Woods Div. ¡ near the eastern boundary of Enchanted Parks
that currently drains toward Mud Lake. The sub-basin, when developed, would probably be
diverted easterly; however, for our analysis, it will be included in the Mud Lake basin. This sub-
basin consists of approximately 0.50 acres (half of 550 lineal feet by 80 feet wide) of till forest.
Buill 2
Existin¡¡; Conditions
Basin 2 is the eastern portion of the Enchanted Woods P.U.D. that cuITently drains toward the 14"
culvert under South 369th Street. This sub-basin would require its own mitigation for both
retention/detention and water quality components upon development of Wild Waves parking lot-
Phase II. A Separate KCRTS analysis has been perfonned for the preliminary parking lot layout
prepared for this site. A water quality/detention pond has been sized for the site, and would limit
runoff from the developed site to the existing pre-development rate. The analysis is contained in
Appendix G. [n the existing condition. this sub-basin consists of approximately 7.96 acres ( 11.46
acre parcel less sub-basin lC of 3.50 acres) of till forest for the existing pre-development
condition.
Developed Conditions
In the developed condition. the basin will consist of 7.44 acres (1 \.46 acre Parcel less sub-basin
IC developed of 4.02 acres). The impervious area is 6.70 acres (90% impervious rate for a
proposed parking lot of7.44 acres) & the pervious area is 0.74 acres (10% pervious rate). Please
note, however that a larger than required RID facility is being proposed at this location for
mitigation of the Enchanted Parl<s proposed pumping alternative.
Buin 3
The total Basin 3 is that area which drains into the detention pond within Ttact E of Regency
Woods. It consists of combining sub-basins 3A and 38 and 3D. Basin 3C is the wetland itself
and is upstream of the detention pond.
[~JtHIBIT 1
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Basib 3A
Basin 3A is a ponion of Regency Woods, Division 2. Per the Enchanted Parks P.U.D.
calculations, SWM Variance L93VO09I, the total area is approximately 11.46 acres (Lots 60-92,
23-40, 48 and 59). The dwelling unit per acre calculation is 54111.46 or 4.71 DUlacre. Per table
3.5.2B of the King County Surface Water Design Manual updated November 1992, the
percentage impervious is 47. Therefore, the basin consists of approximately 5.39 acres (47%
impervious of 11.46 acre site) of impervious and 6.07 acres (11.46 acre site less 5.39 acres of
impervious) of till grass.
B",I..3B
Basin 38 is a ponion of Regency Woods, Division I. Per the Enchanted Woods P.U.D.
calculations, SWM Variance L93VO091, the total area is approximately 15.36 acres (Lots 1-33,
170-178, )84-186,217-220, Part of Tot Lot). The dwelling unit per acre calculation is 50/15.36
Or 3.26 DUlacre. Per table 3.5.2B of the King County Surface Water Design Manual updated
November 1.992, the percentage impervious is 36. Therefore, the basin consists of approximately
5.53 acres (36% impervious of 15.36 acre site) of impervious and 9.83 acres (15.36 acre site less
5.53 acres ofimpervious) of till grass.
Basin JC
Basin 3C is the wetland or Tract "F" within the Regency Woods development. It consists of
approximately 4.3 acres of wetland.
B",ibJD
Basin 3D is the detention pond or Tracr"E" within the Regency Woods development. It consists
of approx,imately 4.0 acres of impervious. Please note that this would probably be considered
more wetland than open body of water, but for conservancy, it will be modeled as an open body of
water; therefore, per the requirements of KCRTS, it is to be modeled as impervious.
Stora !e Facilities Abalysis
Mud Lake
Existin/( Conditions
Based on the field survey dated May 25, 1994 and computer modeling using Softdesk sirework
design software (see developed contour map, in Appendix D), Mud Lake was detcnnined to have
the following characteristics:
~J(H'BIT -.i=
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Page 8
One Outlet Reservoir Routing File
Stage Elevation Discharge Storage Penn-Area
(Ft) (Ft) (CFS) (Cu-Ft) (Sq-Ft)
0.00 209.99 0.000 O. 108425 (a)
0.01 21O.00(b) \.110 (c) 997. 108514.
2.01 212.00 1.110 (c) 230534. 121023.
3.00 212.99 \.110 (c) 352619. 125614.
3.01 213.00(d) 2.220 (c) 353875. 125630.
4.01 214.00 2,220 (c) 481439. 129497.
8.01 218.00(e) 2.220 (c) 1000433. 130000. (f)
209.99 Ft. : Base ResCfVoir Elevation
10000.00 Minutesllnch: Average Penn-Rate
(a) Interpolated betWeen elevation 208.0 (with area 90.718) and 210.0.
(b) Per field observation by ESM staff""d City of Federal Way staff on July 18,1997. the
existing pump currently starts at elevation of210.0 (+f-).
(c) Note per the pump curves. the flow was approximately 1.1 I cfs. (see exhibit D20).
However. since a second pump is rented by the maintenance staff of Enchanted Parks
when the existing pump can not keep up with the flow, 2.22 cfs (estimated capacity of
the second pump in addition to the existing pump) was used to model the existing
conditions.
(d) Water surface elevation at the top of the water slide pool steps,
(e) Maximum water surface elevation is defined as the top of the concrete steps to the
mechanical room, without freeboard.
(I) Estimate. Contours on topographic map not "closed" for elevation 2 ¡ 8.0. By field
inspection, this is a very conservative estimate relative to the 214.0 contour.
Per the Geotechnical Report by GeoEngineers in Appendix F, the soils appear to vary, but are
generally medium dense silty sand with gravel and cobbles. The infiltration rate for course sands
or cobbles per the 1990 King County Surface Water management Manual, Table 4.5.2 is
approximately 8 minuteslinch. Without careful monitoring over a several month period, it was not
possible to detennine with a reasonable degree of accuracy what the actual infiltration rate for the .
pond might be. Using an infiltration rate of zero is a very conservative approach to modeling a
basin where there is insufficient infonnation to detennine the actual infiltration rate,
Developed Conditions
Based on the field survey dated May 25. 1994 and computer modeling using Sofrdesk sitework
design software (see developed contour map in Appendix D), Mud Lake was detennined to have
the following storage capacities. assuming the lake level could be controlled and maintained at
elevation 208.0 during the rainy season (not including dead storage below elevation 208.0, which
is just below the toe of the bank on the pond bottom):
EXHIBIT F
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One Outlet Reservoir Routing File
Stage Elevation Discharge Storage Penn-Area
(Ft) (Ft.) (CFS) (Cu-Ft) (Sq-Ft)
0.00 207.99 0.000 O. 90622. (a)
0.01 208.00(c) 0.750 (b) 907. 90718.
2.01 210.00 0.750 (b) 200139. 108514.
4.01 212.00 0.750 (b) 429676. 121023.
4.51 212.50 0.750 (b) 491144. 124847.
5.01 213.00 0.750 (b) 553763. 125630.
6.01 214.00 (d) 0.750 (b) 681327. 129497.
10.01 218.00 (e) 0.750 (b) 1200321. 130000.(1)
207.99 Ft : Base ReservoiE Elevation
10000.00 MinuteslInch: Average Penn-Rate.
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(a) Interpolated betWeen elevation 206.0 (with area of71,469) and 208.0.
(b) The pump will come on at elevation 208.0, and is designed with a 0.75 cfs discharge
rate.
(c) The lake will be drawn down by 2 Ft. relative to existing pumping conditions
(elevation 208.0 rather than elevation 210.0).
(d) Water surface elevation at the top of the water slide pool steps.
(e) Maximum water surface elevation is defined as the top of the concrete steps to the
mechanical room, without freeboard.
(I) Estimate. Contours on topographic map not "closed" for elevation 218.0. By field
inspection, this is a very conservative estimate relative to the 214.0 contour.
"Note that zero infiltration was again used for analysis.
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Page 10
Stage Elevation Discharge Storage Penn-Area
(Ft) (CFS) (CU-Ft) (Sq-Ft)
0.00 224(c) 0.000 (d) O. 16240.
2.00 226 0.150 35653. 19413.
4.00 228 0.210 77930. 22864.
6.00 230 0.250 127389. 26595.
8.00 232 0.290(e) 184589. 30605.
10.00 234 0.690 250089. 34895.
12.00 236 0.885(a) 324447. 39463.
224.00 Ft. : Base Reservoir Elevation
L 10000.0 Minutesllnch : Average Penn-Rate
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Pun Site
Developed Conditions
Based on the preliminary design plans by ESM for the Wild Waves parking lot expansion plans
(see exhibit G3) and computer analysis, the future detention pond for the POD site was
detennined to have the following charaC[eristics:
(One Outlet Reservoir Routing File)
a). The goal is to match the existing 100 year flow from the POD site plus O.5cfs increase
due to the Enchanted Parks developed conditions.
b). For calculation of how the orifices were sized & discharge detennined, refer to
appendix G4.
c). There is 53,666 Ft3 of storage available below elevAtion 224 that is reserved for water
quality requirements (werpond) for the POD site. Refer to Appendix G2 for a
requirement of31,810 Ft3. As observed, more water quality volume is provided than
required.
d). The first orifice is at elevation 224 and is designed to be 1.94" on a 12" diameter riser.
e). The second orifice is at elevation 232 and is designed to be 3.11".
I). The 15" diameter riser overflow elevation will be at 236.6.
g). The top of the benD is at elevation 237.2.
h). An emergency Outlet from the pond will be provided via a IS" ductile iron pipe at flat
grade at elevation 236.6.
EXHIBIT J
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Proposed Tempora¡y Conditions
Based on the natUral detention area already ex:isting on the PUD site (see ex:hibit ~5) & a
proposed control manhole to be constructed with Phase [ of the Wild Waves parking lot
expansion, the proposed temporaty detention Pond for the PUD site was determined to have the
following characteristics:
(One Outlet Reservoir Routing File)
Stage Elevation Discharge Storage Penn-Area
(pt) (CFS) (Cu-Ft) (Sq-Ft)
0.00 218 0.000 O. 8.
2.00 220 0.000 464. 456.
4.00 222 0.000 9355. 8435.
6.00 224(d) O.OOO{a) 36756. 18966.
8.00 226 0.610(c) 88770. 33048.
10.00 228 0.860 182,608 60790.
12.00 230(b) 1.060 328,633 85235.
218.00 Ft : Base Reservoir Elevation
10000.0 MinuteslInch : Average Penn-Rate
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a). A temporary 4" orifice is proposed at elevation 224 to match to elevation of the first
orifice of the future detention pond for the PUD site. When the future detention pond
is constructed, the control manhole will be kept intact & only the first orifice will be
replaced (1.94" rather than 4").
b). The second orifice will be constructed at elevation 232 & will be 3.11" to match the
design of the futUre detention pond.
c). The orifice equation ofQ=CA (2gh)0.5 where C=0.62 A=0.0873 feet and g=32.2 was .
used to calculate the discharge. Please see exhibit 06.
EXHIBIT ~
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Wetland
....,-........- .-
. ENCHANTt::D PARKS EXEC,
PAGE 13
Based on the field survey dated March 10, 1995 and computer modeling using Softdesk sitework
design software (see wetland topographical map in Appendix D), the wetland was dete"!1ined to
have the following characteristics:
With Orifice Outlet (Flapgate Open)
(One Outlet Reservoir Routing File)
Stage Elevation Discharge
(Ft) (Ft) (CFS)
0.00 2lJ.00(a) 0.000
1.00 214.00 2.200 (b)
2.00 215.00 4.200 (c)
3.00 216.00 5.400 (d)
4.00 217.00 6.400 (e)
2lJ.0 Ft: Base Reservoir Elevation
10000.0 Minutesl1nch: Average Penn-Rate
Storage
(Cu-Ft)
O.
39235.
107624.
1 8707 \.
276712.
Penn-Area
(Sq-Ft)
15898.
62572.
74205.
84689.
94593.
(a) 12" cmp. Invert out.
(b) Inlet Capacity of 12" çulvert exiting the wetland. See Appendix D. hw/d=l. There is
no backwater effect from the detention pond assumed.
(c) hw/d =2
(d) hw/d=3
(e) hwfd=4
With Weir Overflow (Flap!1:ate Closed)
(One Outlet Reservoir Routing File)
Stage Elevation Discharge
(Ft) (Ft) (CFS)
0.00 213.00(a) 0.000
1.00 214.00 0.000
2.00 215.00 0.000
3.00 216.00 0.000
3.99 216.99 0.000
4.00 217.00 6.400 (a)
213.0 Ft: Base Reservoir Elevation
10000.0 Minutesllnch: Average Penn-Rate
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253 661 8099
Storage
(Cu-Ft)
O.
39235.
107624.
187071.
275500.(c)
276712.
Penn-Area
(Sq-Ft)
15898.
62572.
74205.
84689.
93697.
94593.
EXHIBIT ,:
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(a) Discharge would only occur at top elevation 211.00.
Q=2I3L(2gH3)O.S,where L~IO' and H=O.25'. Therefore, Q=6.4
217.00.
(b) Interpolated betWeen elevation 216.00 and 217.00.
(c) Estimated.
Weir fonnula:
cfs at elevation
DetentloD Pond
Based upon the Engineering Calculations from the Enchanted Woods P.U.D~ SWM Variance No.
L93VO091 dated October 10, 1993, the detention pond volumes and the orifice schedule of the
outlet structure were provided. From this infonnation, a discharge rate at respective elevations
was calculated (see exhibit DI4A, B & C). From this infonnation, it was detemtined that the
detention pond has the following characteristics:
(One Outlet Reservoir Routing File)
Stage Elevation Discharge
(Ft) (Ft). (CFS)
0.00 213.00 (a) 0.000
\.00 214.00 0.930
2.00 215.00 \.260
3.00 216.00 (b) 1.660
4.00 217.00 (c) 2.080
Storag
(Cu-Ft)
O.
69975.
167583.
270895.
319645.
Penn-Area
(Sq-Ft)
45100.
94850.
100375.
106250.
111250.
213.00 Ft : Base Reservoir Elevation
10000.0 Minuteslinch: Average Penn-Rate
(a) Invert out. The invert out on the as-builts from Hugh G. Goldsmith and Associates
appears to be 210.00, but the calculations specify an invert of213.00. Using 213.00
is a conservative analysis. Per field conditions, the actual invert is 212.5 I. The stage-
storage relationship .has been maintained for modeling purposes betWeen elevations'
213.00 and 217.00. Please see the narrative in the downstream analysis. .
(b) Design water surface for 25 year stonn with 5 year release rate
(c) Overflow elevation of control manhole
Combination Wetland and Detention Pond
The wetland and the detention pond operate at the same elevations. Therefore, using the
summation of the storage volumes from both the wetland and the detention pond and the discharge
rate from the orifice schedule of the outlet structUre, the combined wetland and detention pond has
the following characteristics.
EXHIBIT -1=
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(One Outlet Reservoir Routing File)
Stage Elevation Discharge
(Ft) (Ft) (CFS)
0.00 213.00 0.000
1.00 214.00 0.930
2.00 215.00 1.260
3.00 216.00 1.660
4.00 217.00 2.080
213.00 FI.: Base Reservoir Elevation
10000.00 Minuresnnch: Average Penn-Rate
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Alternatives for Mud Lake
Increased Storage Alternative
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PAGE 62
Storage
(Cu-Ft)
O.
109210.
275217.
457966.
656357.
Penn-Area
(Sq-Ft)
60998.
157422.
174580.
190939.
205843.
The storage volume of Mud Lake could be increased by increasing the height of the bank and
walls, but the height needed to provide adequate storage for design stonn conditions is beyond
what could be accomplished with reasonable and cost effective construction methods.
In addition, raising the water surface elevation of the lake could have adverse impacts 011 the
wetlands associated with it. Because construction of vertical walls is not practical, other
alternatives such as dredging the lalce bo[!om to provide more storage, pumping and/or a
combination of these alternatives must be investigated.
As stated above, another method of increasing the effective storage volume of the lake would be
to dredge the bottom, thus creating the additional storage be.low the existing bank elevation. This
a/telJ)ative would produce approximately 56,000 cubic yards of excavated material which would
require disposal. It would also require extensive piling construction to shore the exposed bank
sides in a vertical position. Also, Mud Lake is an inventoried wetland, designated as No. 26 of the
Hylebos Creek Basin Plan. Any excaVatioll or significant disruption to the lake bo[!om or existing
vegetarion would require review and approval by King County and possibly the Corps of
Engineers.
The options of dredging the bottom and/or building higher walls would be short term solutions to .
the need for additional storage which would rely on infiltration and evaporatioll to dispose of the
stored TUIIOff. Pumping IUlloff from the lake would be a more reliable, long term solutioll, alld
would not rely on maintaining infiltratioll rates which could be affected over time by silt and by
solids from filter backwashing operations.
Pumping Alternative
The option of pumping appears the most feasible, with minimal impacts to Mud Lake. It could be
accomplished for the most reasonable construction cost and would allow the greatest tle:dbility for
accommodating future increased runoffvolumes.
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EXHIBIT ~.
PAGE1lLOF &
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The maxim~m water su~ace of Mud Lake is defined as the elevation of the top concrete step for
the mechanIcal room, wIthout freeboard, at elevation 218.0. For analysis purposes for proposed
conditions, the lake will provide effective storage from elevation 208.0 (2 feet lower than the'
existing pumping conditions of elevation 210.0) to elevation 218.0. As noted below, the joo year
water surface elevation fOr the 100 year event is 215.06 for developed conditions with proposed
pumping. This provides an effective freeboard of over three feet.
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Following is a summary of the flow and elevation comparisons for the 100 year events.
Comparison of 100- Year FlowslStage - Mud Lake ADaly5b
J
Flow(cfs)
Elevation(feet)
Existing Conditions With Existing Pumping 1.1112.22
File name: eXout
Developed Conditions With Developed Pumping 0.75
File name: devout
4.17' (EI. 214.16)
7.07' (EI. 215.06)
Using the KCRTS program to model the developed basin through Mud Lake, the proposed
pumping rate is 0.75 cfs. This assumes the pump will tUrn on at elevation 208.0 and not go above
elevation 218.0. Please note the existing basin release rate is approximately 1.11 cfs for the
existing pump (without the release rate from a second rental pump). The pumping is currently
turned on at elevation 210.0 (plus or minus). This maximum rate of 0.75 cfs should be used as the
required pumping rate for pump selection and system design where the nonnal water surface
elevation is 208.0. A slightly smaller pump could be used, however, this would reduce the
effective freeboard, and would flood the water slide pools and the electrical handholes in the
asphalt walkway area on the west side of the lake.
The water level for Mud Lake would be allowed to rise to itS historic level (212.0) during the
period from April 1 to October 1. This will allow the wetland plantS to survive and grow during
this period, and also provide habitat for the ducks which nest on the island during their nesting
period.
Downstream ADalysls
Runoff which is pumped from Mud lake will be directed toward the south, where it will
eventually be routed through the drainage facilities of the Regency Woods pial. The Regency
Woods conveyance system exists south of South 369th Street, within County right-of-way or
within dedicated drainage easements.
As the upstream flow leaves the 14" concrete culvert under South 369th Street, it enters a wetland
area (Hylebos Creek #34) which ponds with water during all stonn events, and acts as a detention
pond whenever [he flapgato betWeen the wetland and the downstream detention pond is closed due
to water storage in the detention pond. The 14" concrete culvel1 has a capacity of 3.6 cfs with
inlet control. Please refer to Appendix B I, page I and 2.
NOV-03-1997
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Page 16
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The detention pond southerly of the wetland is the storage facility for Division I and Division II of
the Regency Woods development Downstream of the detention pond outlet structure is an IS"
cmp (see exhibit D15) storm line going all of the way to HyJebos Creel<. There is no additional
flow entering this line beyond the outlet StrUcture of the detention pond. Per exhibit- 021, an
excerpt from the storm water hydrology, plat of Regency Woods Division 1 & 3, prepared by
Stepan & Associates, the 10 year calculated flow was 5.5S cfs and the 25 year calculated flow was
S.26 cfs. An error appears to have been made when sizing the IS" cmp. The to and 25 year
flows were added together for capacity sizing of I3.S4 cfs. Therefore, there appears to be
sufficient capacity downstream of the detention pond to the Hylebos Creel<.
Pun Site
The analysis is based on the four conditions as presented below:
CompatisoD of2-year Flows/Stage-POO site
Flow (cfs)
Elevation (feet)
...
Existing Conditions without existing pumping
File Name: 2-tsf
Ex.isting Conditions with existing pumping
File Name: lex2
Developed Conditions with developed pumping
File Name: pudesout.!sf
Temporary Conditions with developed pumping
File Name: pudexouttsf
0.221
1.33
0.795 11.08
0.775 9.32
J
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0
CompariJon o( lO-year Flows/Stage-POO site
Flow (c(s)
Elevation (feet).
Existing Conditions without existing pumping
File Name: 2-lSf
Existing Conditions with existing pwnping
File Name: lex2
Developed Conditions with developed pumping
File Name: pudesouttsf
Temporary Conditions with developed pumping
File Name: pudexouttsf
0.385
2.55
0.904
12.20
0.852
9.93
lËXH~Blrf
PAGE_,-10F 2.1
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ENCHANTED PARKS EXEC
PAGE 85
Drainage System Analysis
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Page 17
Comparison of lOO-year FloMlStage-PUD site
Flow (cfs)
Elevation (fect)
Existing Conditions without existing pumping
File Name: 2-tsf
Existing Conditions with existing pumping
file Name: lexl
Developed Conditions with developed pumping
File Name: pudesouLtsf
Temporary Conditions with developed pumping
File Name: pudexouttsf
0.642
2.86
0.938
12.54
0.854
9.95
Additional mitigation for the Enchanted Park Development as well as the Wild Waves parking JOt
expansion (both Phase I and II) is being provided on the PUD site on a voluntary basis to improve
downStream conditions. A si~ificant pond is being provided (volume = 324,447 up to elevation
236) over and above the required (volume - 73,052 1\3) for the PUD site. This is an oversize of
440%.
When comparing the release of 0.938 cfs for the tOO-year stann event for the developed
conditions with developed pumping and the existing lOa-year flow from the PUD site of 0.642
cfs, the difference is 0.296 cfs. If the Enchanted Parks and the PUD site are considered one
project. then there could be some suPPOrt regarding the King County Surface Water Design
Manual and the core requirement that allows retention exemption due to 0.5 cfs difference in the
pre-and post-developed laO-year stonn events.
The developed condition with developed pumping also provide 0.66 feet (IOO-year elevation =
12.54 + 224 = 236.54) 0.66 feet of freeboard from the 100-year stonn eVent and 1.0 (IO-year
elevation = 12.20 + 224 = 236.2) 1.0 feet offreeboard for the IO-year stonn event. Please see the
engineering plans in exhibit G2 showing a top ofbenn lTeeboard elevation of237.20. .
In the temporary conditions with developed pumping from Enchanted Parks (developed
conditions for both Enchanted Parks and Wild Waves parking lot-Phase I and Phase II not yet
constructed) a temporary 4" orifice will be placed at elevation 224, which is the pennanent .
devation & location of proposed control manhole at the completion of Phase II of the Wild Waves
parking lot expansion. As noted in the above analysis. the temporary conditions release lower
releAse rates than the developed conditions, so no further downstream analysis is necessary. Also
note, the 100-year elevation of the pond for the temporary conditions is 9.95 + 218 = 227.95 and
the 100-year elevation of the pond for the developed conditions is 12.54 = 224 = 236.54. for the
temporary conditions, elevation 227.95 is easily maintained in the existing low Spot of the PUD
site (Refer to exhibit G5).
EXHIBIT ,.
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PAGE
66
Drainage System Analysis
Revised October I, 1997
Page 18
Wetland
Since it was agreed that mitigation measures for the wetland ~iII not be based on the changes
which have already occurred in the past (i.e. existing pumping), but only on measures needed to
reduce future impaclS due to proposed pumping activities, the following analysis compares the
existing and developed pumping conditions.
For future developed flow, the wetland will see mOre flow at a lower storm event since the
pumping out of Mud Lake starts earlier. Therefore, analysis of the wetland becomes an elevation
analysis for the two year event The difference of stage elevation for the existing pumping
conditions (combined facility) for the Iwo-year event (2.46 feet) and, as shown in the tables
below, the stage elevation for the developed pumping conditions for the two-year event (1.81 feet)
is an improvement, over existing conditions. Even when considering the difference of the Stage
elevation fot the existing pumping conditions (combined facility) due to the 100-year event, the
stage is 4.61 feet for the existing pumping conditions and 3.05 feet for the developed pumping
conditions. Therefore, in the developed condition, the water surface in the wetland is at a lower
elevation than in the existing condition. Given King County's previously stated threshold of
requiring mitigation when the inctease in depth of flow through the wetland exceeds eight inches
(0.67), and since in all analyzed cases the depth of water decreases for the proposed pumping
scenario, no mitigation for the wetland is Warranted.
The following is a summary of the flow and elevation comparison for the tWo year even IS:
Comparison of 2-year FlowslSblge -- Wetland Analysis
Separate Detention Pond and Wetland" (witb weir overflow -- napgate closed)
fworot case scenario]
Wetland
Existing conditions without existing pumping
File name: t23cwet
Existing conditions with existing pumping
File name: fJ ex2wet
Developed conditions with developed pumping
File name: fJdev2we
Flow (cfs) Elevation (feet)
0 2.07
1.28 3.99
0.768 3.99
1.06 1.40
Detention Pond
Regency Woods through detention pond
File name: 3abdrd
!f:~J~HIBIT ç
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ENa-iANTED "ARKS EXEC
PAGE
87
Separate Deteotioo Pond and WetJand"(witb orifice outlet-flap gate open)
Existing conditions without existing pumping
File Name: 23cwet
Existing conditions with existing pumping
File Name: J ex2wet
Developed conditions with developed pumping
Filc Name: Idev2wet
Flow (cfs Elcvation (feet)
0.21 I 0.10
1.31 0.60
0.788 0.36
Combined DetentiOD Pond and Wetland"(with 12" equalizer pipe)
[probable sceDariol
Existing conditions without existing pumping
File name: tote .
Existing conditions with existing pumping
File name: totexpc
Developed conditiOIlS with developed pumping
Filc namc: totdevpc
Comparison of 100 year Flows/Stage - Wetland Analysis
Flow (cfs)
Elevation (feet)
0.996 1.20
1.44 2.46
1.20 1.81
Separate Detention Pond and Wetland-- (witb weir overflow - fJap¡:ate closed)
[worst case scenSr/o)
Wetland
~ conditions without existing pumping
File name: f23cwet
Existing conditions with existing pumping
File name: flex2wet
Developed conditions with developed pumping
File name: fldev2we
Detention Pond
Regency Woods through detention pond
File name: 3abdrd
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Flow (cfs) Elevation (fcetl
0.90 3.99
3.46 4.00
1.41 3.99
1.51 2.63
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1
Separate Detention Pond and Wetland .. (with orifice outlet- nap gate open)
Existing conditions without existing pumping
File name: 23cwer
Existing condirions wirh existing pumping
File name; lexlwet
Developed condirions with developed pumping
File name: Idev2wer
flow (cfs) Elevation (feet) -
0.86 0.39
2-68 1.24
1.30 0.59
Combined Detention Pond and Wetland'.(wlth 12" equalizer pipe}
¡probable scenario)
Flow (cfs)
Elevation (feet)
Existing conditions wirhout e¡(isting pumping
File name: tote
Existing conditions with existing pumping
File name: totexpc
Developed conditions with developed pumping
File name: totdevpc
1.41
2.38
2.34
4.61
1.68
3.05
"The elevation differences between the tWo comparisons are largely due to the Regency
Woods plat being included in the contributing area for combined detention and wetland.
When the detention pond and wetland are separate, the Regency Woods plat does not
enter the wetland directly.
Note. thar when comparing the elevation in the wetland with weir overflow and the detention pond
elevation, the elevation of rhe water surface is higher in the wetland than in the detention pond.
Therefore, the conclusion is that the flapgate is always open. Also notice that even though the
elevation for several Stann eveors reaches 3.99', the weir is able to handle the stonn events by
overflowing the benD betWeen the wetland and the detention pond. Therefore, the facility acts as
a combination of both the wetland and the detention pond.
An analysis of this wetland was prepared by B-tWelve Associates, Inc. to detennine the actual
wetland boundary and to evaluare potential impacts due to additional runoff from the Enchanted
Parks propeny. This study is contained in the attached Appendix "C", and states the conclusion
that:
"Since the proposed use of the site is an on-going practice, no additional impacts are
anticipated. The pumping of surface water from Mud Lake to the south has been an
existing use for over 10 years. Any impacts to Wetland "Au from this diversion of
surface water have already occulTed. Wetland "An appears to have been altered from its
/EXHIBIT F
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Page 21
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original bog plant community ITom a combination of the development associated with the
Regency Woods Division I and the alteration of the hydrology and Water chemistry
associated with the Mud lake water pumping operations. The plant community of
Wetland "An appears to have adapted to the changes in hydroperiod, water chemistry and
depth of inundation at this time."
]
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Detention Pond
~
This analysis is based on using KCRTS and modeling the IO-year design stonns, which is the
CUrrent City of Federal Way Standards for the Hylebos Creek basin. Since the original detention
pond was sized using a different method, a modeling of the existing plat development was
perfonned using the KCRTS model.
~
As demonstrated in the wetland analysis sectioa above, the wetland Water surface is always ,the
same Or higher than the detention pond, therefore treating the wetland and detention pond as a
combined facility with equalizing pipe is the correct scenario.
J
Following is a summary of the flow and elevation comparisons for 1 O-Year eVentS.
Comparison of ID-year Flows/Stage - Detention Pond Analysis
]
Separate Detention Pond and Wetland (witb orifice outlet-ßap gate open)
(worst case scenario)
]
1
Existing condition without existing pumping
File Name: 23exout
Existing condition with exiSting pumping
File Name: lex23rd
Existing conditions with developed pumping
File Name: Idev23rd
Flow(cfs) Elevation(feet)
1.39 2.32
2.19 4.27
1.72 3.15
Combined Detention Pond and Wetland (with 12" equalizer pipe)
[probable scenario)
Flow(cfs)
Elevation(feet)
Existing conditions without exiSting pumping
File name: tote
Existing conditions with existing pumping
File name: totexpc
Developed conditions with developed pumping
File name: totdevpc
\.18
1.75
1.92
3.63
1.50
2.61
EXHIBIT F
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PAGE 16 -
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Page 22
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As demonstrated in the wetland analysis section above. the wetland Water surface is always the
same Or higher than the detention pond, therefore treating the wetland and detention pond as a
combined facility with equalizing pipe is the colTect scenario for the detention pond analysis.
Therefore, the flows and elevations to observe are using the combined detention pond & wetland
(with 12" equalizer pipe). The separate detention pond and wetland (with orifice outlet-flap gate
open) is shown for observation only.
As shown in the table above, the aCtive 10 year elevation is 1.75 feet for existing conditions
without existing pumping.
I
When considering the difference of the stage elevation for the existing pumping conditions for the
10-year event, the stage is 3.63 feet for the existing pumping conditions and drops to 2.61 feet for
the developed pumping conditions.
I
Per the P.U.D. variance calculations, elevation 4.0 is the overflow elevation of the control
manhole; however, per field topography perfonned by ESIvI, October 1996, the invert out of the
detention pond is at elevation 212.51 rather than 213.00 and the control manhole overflow is
216.28 rather than 217.0 (see exhibit 018 A & B). In essence the height to the contrOl manhole
overflow is 3.77 feet rather than 4.0 feet. Given this infonnation, the staging of 2.61 feet for the
developed pumping conditions does not put the detention pond into an overflow situation for a 10
year design storm. Therefore, all el~tions are maintained below the 3.77 feet of active stOrage
for the IO-year design stonn, and the functionality of the Regency Woods Detention Pond remains
intact for the 100year design stonn, even with the proposed pumped discharge for the developed
condition from Mud Lake.
I
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Since the original detention pond was sized using a 25 year design storm, a comparison of the 25
year flows/stage is also presented:
Following is a summary of the flow and elevation comparisons for 25.year eventS.
CompQrlson of2S-yeør FlowslS(Q!i:e - Detention Pond Analysis
Separate Detention Pond and Wetland (witb orifice outlet-flap gate open)
(worst case sce.nario)
Exisling condition without existing pumping
File Name: 23exout
Existing condition with existing pumping
File Name: lex23rd
Existing conditions with developed pumping
File Name: Idev23rd
Flow(cfs) Elevation(feet)
1.62 2.90
2.70 5.47
1.89 3.54
¿XHIBIT 1=
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PAGE
11
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Page 23
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Combined Detenlion Pond and Wetland (wilh 12" equall~ing pipe)
(probable scenario)
Existing conditions wilbout existing pumping
File name: totc
Existing conditions wilb existing pumping
file name: totexpc
Developed conditions with developed pumping
File name: totdevpc
flow (cfs) Elevation (feel)
1.34 2.19
2.22 4.33
1.53 2.67
As shown in Ibe table above, the 25 year elevation is 2.19 feet for the existing conditions without
existing pumping.
When considering the difference of the stage elevation for the existing pumping conditions for the
25-year event, the stage becomes 4.33 feet for the existing pumping conditions and 2.67 feel for
the developed pumping condilions. Therefore, while the exisling pumping scenario will overflow
the control Structure riser, the proposed pumping scenario will not
n
The Staging of 2.67 feel for Ibe developed pumping conditions docs !!2! put the detention pond
into an overflow situation fOr a 25-year design stonn, and the functionality of the Regency Woods
pond remains intact for Ihe 25-year design SlOnn, even with the proposed pumped discharge for
the developed condition from Mud Lake.
ComparÍ!on of lOO-year FlowslStJlge - Detention Pond Aoalysb
~
To check the adequacy of the emergency overflow elevation for the existing detention pond, a
1 nO-year analysis is provided below.
~
~
Separate Detention Pond and Wetland (with orifice outlet.flap gale open)
fworst CUe scenario)
Existing condition without existing pumping
file Name: 23exout
Existing condition with existing pumping
File Name: lex23rd
Existing conditions with developed pumping
File Name: Idcv23rd
Flow(cfs) Elevation(feCI)
1.71 3.12
2.87 5.88
2.05 3.92
IË:)'fHNBlr -E
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Page 24
Combined Detention Pond and Wetland (with 12" equaliziDg pipe)(probable scenario)
Existing conditions without existing pumping
file name: totc
Existing conditions with existing pumping
file name: totexpc
Developed conditions with developed pumping
file name: totdevpc
flow (cfs) Elevation (feet)
1.4 ( 2.38 -
2.34 4.61
1.68 3.05
When considering the difference of the stage elevation for the existing pumping conditions for the
100 year event, the stage is 4.61 feet for existing pumping conditions and 3.05 feet for the
developed pumping conditions.
The staging of 3.05 feet for the developed pumping condition does not put the detention pond
conrrol Structure into an overflow situation for a 100 year design stann, although the existing
pumping scenario does overflow the control structure, but does not reach the elevation of the
emergency overflow. The staging of 3.92 feet for the developed pumping conditions and separate
detention pond and wetland (worst case scenario) would put the detention pond control structure
into an overflow situation for a IOO-year design Stonn, but would not exceed the elevation of the
emergency pond overflow of 4.77 fee!. Therefore, a/l elevations are maintained below the 4.77
feet of total storage for the 100 year design stonn, and can be handled by the existing control
structure. In fact, the developed condition would improve the existing pumping condition
significatly.
I
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t
A field visit to the Regency Woods detention pond was made at 10:00 a.m. on Thursday, January
2, 1997 by staff at ESM, (nc. Pond conditions were observed during extremely heavy rainfall
after-several days of rain and melting snow cover. The detention pond was observed with the
water surface at or slightly above the outlet structure overflow elevation (approximately six inches
below emergency pond overflow). The water surface in the upstream wetland was approximately
one foot above the water surface in the detention pond, and within sbe inches of overtopping the
berm between the two areas.
t
Per meetings with the City of Federal Way staff on January 7, 1997, it was indicated that the
aforementioned stonn was approximately a 25 year stann. Given the elevation of the above
referenced 25-year stann event of 4.33 feet for a combined detention pond and wetland (with
l2"equalizing pipe), il would suggest the facility is performing as one facility for a 25 year stann
event where the point of calibration (six inches below the emergency pond overflow is
approximately elevation 4.27 feet) seems to be a very close match.
In summary, the analysis of the available storage within Ihe Regency Woods detenlion pond
indicates thaI the proposed pumping of flow from Mud lake can be accommodated for the 10-
year, 25-year and lOa-year design storms without the need for any increase in the discharge flow
rate from the Regency Woods detention pond. The 10-year storm even I is not utilizing the one
-
EXHIBIT -E
P A G .~ -2S 0 ;;:':-"2.L
NDU-03-1997
11:52
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PAGE
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Page 25
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foot of freeboard which would be the current design criteria for the City of Federal Way if a new
development 3pplicQtion was m:u!e fo( ll,i. .¡!c.
Per the as-built plans on file with King County (attached in Aoocndix 1)). th.. nllt..., nf',~- Mn_~1 P.13
NQV-Ø3-1997 11:53 253 661 8Ø99
EXHIBIT F
PAGE~ OF~8'
h:E:CE:IVE:Q
OCT 2 9 1997
ESM inc.
A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM
I
October28,1997
Project No. 163-03-950-003
Mr. Jeff Pratt, P.E.
City of Federal Way
33530 I" Way South
Federal Way, WA 98003
RE:
Enchanted Parks - Water Quality Requirements
EXHIBIT F
P AGE -.riD F~I_~-
Dear Mr. Pratt:
As discussed at our 10/6/97 meeting, [ have calculated the size of a wet pond to accommodate the runoff
from the entire Enchanted ParkslWild Waves site, with the exception of the future phase 2 parking lot
which will have it's own wet pond (calculations are attached). The results were determined using the
requirements from the 1996 King County Drainage Manual, and show that the required wet pond storage
volume must be at least 212,782 cubic feet.
Using field survey information for Mud Lake. the actual dead storage volume of the Lake below the
proposed minimum Water surface elevation of 208.0 was determined to be 457,965 cubic feet. The
volume of the pond above the maximum allowable depth of 8 feet is 402,876 cubic feet, which is 1.89
times the required volume.
[n addition to the required wet pond volume, other recommended or required design featUres from the 1996
King County Surface Water Design Manual are met for Mud Lake with the proposed stormwater pumped
system improvements, as follows:
A .flow length to width ratio greater than 3 to I minimum is desirable.
The actUal length to width ratio of Mud Lake is approximately 3.6 to I. The flow length to width
ratio for the main inlet from the south end of the park, including the entire south parking 101. is
approximately 3.5 to 1. The flow length from the north inlet to the lake, which carries flows from
the Enchanted Village area and from the roller coaster area, is approximateiy 150 feet if me"g.,red
directly, but because the inlet is offset from the pump intake, the actual flow distance is
significantly longer due to the circulation route of the inlet flow, and most likely exceeds a 3 to I
effective length to width ratio.
The wet pond portion of the combined detention and wet pond shall consist of two cells.
In effect, the entire Mud Lake will act as the fIrSt cell of a two cell "pond", with the discharge
from the lake being pumped to the detention pond for the new parking lot on Parcel "V" to the
south, which effectively acts as a second cell before release to (he downstream wetland.
720 South 348th 5t'eet . Fed«a/ Way, Washington 98003
Fede,./ Way 1206) 838,61' J . Tacoma (2061 927-0619 . 5ean'e 12061 623-5911 . Fax: 1206) 838-7104
Mr, Jeff Pratt. P.E.
October27,l997
Page 2 of2
The depth of the wet pond shan not exceed 8 feet exclusive of sediment storage in the flIõt cell. Pool
depths in excess of 6 feet require some fonn of recirculation in the summer,
The majority of Mud Lake is less than 8 feet deep (at the nonnal high water elevation of 208.0J,
with additional depth at the center for sediment storage. The pond is cwrently being aerated with
a large floating fountain during aU summer months. as required.
Other water quality issues which must be addressed include 'Source Control Measures', and 'Oil Control
Measures',
Appropriate source control measures, as identified as Best Management Practices (BMP's) in the King
County Stonnwater PoUution Control Manual. will be applied to the site as appropriate in response to
site redevelopment, Typical measures may include. but are not limited to the following: storage and
processing of food items; storage of solid wastes and food wastes; cleaning or washing of tools and
equipment: cleaning or washing of cooking equipment: vehicle washing and steam cleaning;
swimming pool and spa cleaning and maintenance; and other measures as deemed necessary to
maintain proper source control of the site.
There are culTently Oil/Water Separators in use on all existing outfall pipes to Mud Lake, These
Oil/Water Separators are maintained regularly, and are supplemented in the area receiving runoff /Tom
the new roller coaster with tWo catch basin inserts to remove additional oils and sedimenrs &om the
system,
If you have any questions, please contact me,
,/J ~
J/. /£[AJ~
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attachments
cc:
Jerome L. Hillis - Hillis Clark Martin & Peterson
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Chril>lophcr Brown & AI>Soci8lcl>
879 Qainicr Avenue N.. 6uile A-201
Qenlon. \VA 98055-1380
(206) 772-1188 fax 772-4321
August 26,- 1994
Mr. Jeff Stock
Enchanted Parks
31919 1st Avenue S. Suite 100
Federal Way, WA 98003
Re: Traffic Generation Study
Enchanted Parks
Dear Mr. Stock,
Please find the results of trip generation study commissioned for
the Enchanted Parks.
Incidentally, this data is site specific and obviously unique to
your site. How'ever, with "employees" and "acres" as independent
variables the data could then apply to any similar facility.
Further, since you know your ticket sales by day-of-week and
month-of-year you can also estimate traffic demands by ratio.
If you have any questions, please call.
Yours truly,
tl:6.1~
jjh/CVB
encl.
EXHIBIT~__._-
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Troffic t:nginecrs (iJ Transporlalion Planners
EXHIBIT 11
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Enchanted Parks
Traffic Volumes
Friday Saturday Sunday
Period 8/12/94 8/13/94 8/14/94
Daily Volumes 2, 360 2,563 1 ,929
,.", Peak Hour Traffic volume
", (Site)
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,.;ç, AM Peak Hour (1 1 :OO-Noon)
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,." (in) 513 523 408
~~ (out) 135 123 77
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"" PM Peak Hour (7:00-8:00)
(in) 1 1 1 138 51
",., (out) 520 662 510
Hi
"" Peak Hour Traffic
(Adjacent street)
AM 7:00-9:00 (in) 27 NA NA
(out) 22 NA NA
PM 4 :00-6:00 (in) 1 00 NA NA
(out) 261 NA NA
Note: Occupant to vehicle ratio = 2-5
EXHIBIT ~---
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Christopher Drown Ið ^s¡;ociBlc¡;
819 Qainier Avenue N.. Suite A-20l
Qenlon. WA 98055-1380
(206) 772-1188
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B-twelve Associates, Inc.
ENCHANTED PARKS
CITY OF FEDERAL WAY
WETLAND ANALYSIS REPORT
PREPARED FOR
- MR. JEFF STOCK
ENCHANTED PARKS, INC..
3601 ENCHANTED PARKWAY SOUTH
FEDERAL WAY, WASHINGTON 98003
J
BY .
B-TWELVE ASSOCIATES INC.
1103 WEST MEEKER STREET, SUITE C
KENT, WASIDNGTON 98032
APRIL 20, 1995
(JOB #95-108)
EXHler;;, La
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1103 West Meeker Street, Suite C . Kent, WA 98032-5751 . (206) 859-0515 . Fax (206) 852-4732
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EXHIBIT "L
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ENCHANTED PARKS
CITY OF FEDERAL WAY
WETLAND ANALYSIS REPORT
1.0
1.1
INTRODUCTION
Site Location
This report describes jurisdictional wetlands and streams on the southern portion of the
property known as "Enchanted Parks", located off Enchanted Parkway in Federal Way,
Washington (the "site" - see Exhibit A). In addition to the Enchanted Parks property, areas
downstream and to the south were investigated. Specificiùly, the areas off the Enchanted
Parks property investigated include the property located immediately to the south of the site
known as Enchanted Woods PUD, and the wetland located on the south side of South 369th
Way in the Regency Woods plat. '
1.2
Proposed Use'
The proposed project includes pumping of excess storm and surface water from Mud Lake to
the south through Wetland" A" into the Regency Woods detention pond and eventually'
discharging into Hylebos Creek, approximately 3,400 feet to the south of the site. The
prQposed project Will result in a slight modification to the hydrologic regime of Wetland" A ",
alsô known as "Hylebos.Creek 34". '
2.0
METHODOLOGY
Ed Sewall of B-twelvè Associates, Inc. marked wetland edges on February 10, 1995. A
combination of field indicators, including vegetation, soils, topography, and hydrology were
used to determine wetland edges. Each point along the wetland edge was marked with pink
flagging numbered sequentially. Black and orange striped flagging was used to identify
sample points and were labeled DP#- and B-twelve.Wetiand flags and data point flags were '
subsequently surveyed by ESMInc. (see Exhibit E- site plan).
Wetlands on the site were identified using methodology described in the Federal Manualfor
Identifying and Delineating Jurisdictional Wetlmu1s (Federal Interagency Committee for
Wetland Delineation, 1989). This is the methodology currently recognized by the City of
Federal Way for wetland deteIDÚnations and delineations. The wetlands delineated for ilis
project would also meet the criteria for jurisdictional wetlands using the methodology
described in the Corps of Engineers Wetlands Delineation Manual (Environmental
Laboratory, 1987)
Th~ 19~9 Federal Manual requires the use of the three parameter approac~ in iden~fying and
delineating wetlands. These parameters are a predominance of hydrophytIc vegetatIOn,
1103 West Meeker Street, Suite C . Kent, WA 98032-5751 . (206) 859-0515 . Fax (206) 852-4732
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April 20, 1995
Page, Rage
EXHIBIT-L
PAGE-!:C .- 2'"
existence of hydric soils and the existence of wetland hydrology. A predominance of
hydrophytic vegetation exists when over 50% of the dominant species in an area have an .
indicat?r status of fa~ultativ.e (F AC), facult;tive wetland (F.ACW), or obligate_wetland (OBL),
according to the National LIst of Plant Spec¡.es That Occur ill Wetlands: Northwest (Region 9)
(Reed, 1988). A hydric soil is "a soil that is saturated, flooded, or ponded long enough during
the growing season to develop anaerobic conditions in the upper part" (Federal Interagency
Comnúttee for Wetland Delineation, 1989). Anaerobic conditions are indicated in the field by
soils with low chromas (2 or less), as detenriined by using the Munsell Soil Color Charts; iron
oxide mottles; hydrogen sulfide odor and/or other indicators. Wetland hydrology is defined by
inundation or saturation to the surface for a period of at least one week during the growing
season. Field indicators include visual observation of soil inundation, saturation, oxidized
rhizospheres, water marks on trees or other fixed objects, drift lines, etc. Under nonnal
circumstances, indicators of all three parameters will be present in wetland areas. '
3.0
3.1
OBSERVATIONS
Existing Site Documentation
3.1.1 Hydrologic Setting
ESM Inc. has produced a report entitled Drainage system evaluation for Enclwnied
VillagefW'"ùd Waves site, dated June 24, 1994. This report describes the surface water flows
and drainage patterns for the site. According to this report, nearly all of the runoff from the
site is directed, into Mud lake. Mud lake is an isolated water body located in the western
portion of the Enchanted Parks property. The banks of Mud lake are CUlTently lined with
bulkheads. When the surface water levels of Mud Lake overtop the bulkheads, flooding of the
park facilities occurs. To prevent flooding of the facilities during periods of heavy runoff, the
park has pumped water out of the lake for the last 10 years. This water has been partially
directed south into the Enchanted Woods PUDproperty. This pumped water eventually flows
through the culvert under South 369th Way and into Wetland" A". Water within Wetland" A"
would slowly flow 'through the wetland to the south where it meets a benn. Water within
Wetland" A" then discharges into the Regency Woods detention pond. The culvert from
Wetland" A" under the benn leading into the detention pond is equipped with a, flap valve.
This benn and flap valve back water up into Wetland" A " in periods of deep ponding 'within
, the detention pond. The combination of the water pumped from Enchanted Parks over the past
10 years and the backup of water associated with the detention pond appear to have changed
the hydrologic regime of Wetland" A". This change appears to include deeper and longer
periods of inundation, as well as possible changes in water chemistry.
3.1.2 King County Soil Survey
The majority of the site is mapped as Alderwood gravelly sandy loam, 6 %-15 % slopes (AgC -
see Exhibit F). The Alderwood soil series is a moderately well drained soil that fonned in
glacial deposits below conifers. Both wetlands on-site ("Hylebos Creek 26" & "Hylebos
Creek 34") are mapped as containing the Seattle Muck (Sk) soil series. The Seattle Muck soil
series is made up of very poorly drained organic soils derived from sedge material. These soil
units are typically found within depressions and valleys in the glacial till plain. The Seattle
Muck soils are listed as a "hydric" soils according to the publication Hydric Soils of the
UniJed StaJes (USDA NTCHS Pub No.1491, 1991).
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April 20, 1995
Page, p'!ge
EXHIBIT L. '----...
PAGE-f-°F21~__-
3.1.3 Wetland Inventories
According to the National Wetlands Inventory (NWl) map for the site, a single wetland (Mud
Lake) is depicted on the site (see Exhibit C). This wetland is mapped as Cûntaìhing both .
emergent and aquatic bed wetland classes. According to the ](jrzg County Wetlands
InvenJory, Vol. 3 SouJh 1990 (King Courity Environmental Division 1991), the project
Cûntains two wetlands. Mud Lake, located in the center of Enchanted Park is depicted as
inventory wetland "Hylebos Creek 26", a class 2 wetland under the King County criteria (see
Exhibit D). Approximately 900 feet south of "Hylebos Creek 26", "Hylebos Creek 34" is .
ÌI1ventoried (see Exhibit E). This wetland is located within the Regency Woods subdivision and
is inventoried as a Class 1 wetland according to the King County criteria due to its bog
characteristics. .
3.2
Wetland Observations
. \
Our field observations Cûnfumed the inventoried wetlands and two wetlands were identified
within the study area. Mud Lake ("Hylebos Creek 26"), wlúch is located on the Enchanted
Parks property, was not delineated due to the obvious bulkhead edge. "Hylebos Creek 34" is
located within the Regency Woods subdivision was delineated with sequentially numbered pink
flags (Al-A34). .
3.2.1 Mud Lake - "Hylebos Creek 26"
As previously stated, ,the edge of this wetland is,defined by bulkheads. This wetland'has been
totally surrounded by development associated with the Enchanted Parks facility. Most of the
wetland is Cûmprised of an open, water wetland class. A small area of emergent and scrub-
shrub vegetation persists on the southern end of the wetland. Cattail (Typha lalifolia), reed-
canary grass (Phalaris anmdinacea), willows (Salix spp.) and hardhack (Spirea douglasil) are
the primary vegetation species present within this area. ' ,
Hydrologic inputs to this wetland appear to be direct precipitation and overland flow in
addition to stonnwater flows through culverts into the wetland. Hydrologic outputs from this
wetland Cûnsist of evapotranspiration and probably some groundwater recharge. When water
levels in the wetland start to flood the park facilities, surface water is pumped from the '
wetland to a natural depression located on the south side of the south parking lot. This
pumping technique has been an on-going operation for approximately the last 10 years.
AcCûrding to the US Fish and Wildlife wetland cIassmcation methods (Cowardin et aI. 1979),
this wetland contains the following wetland cIasses; PEMIG (palustrine, emergent, persistent,
intennittently exposed) and PSSIG (palustrine, scrub-shrub, broad leaved deciduous,
intennittently exposed) and POWH (palustrine, open water" pennanently flooded).
3.2.2 Wetland" A" - "Hylebos Creek 34"
Wetland "A" is located along the south fill slope for South 369th Way within the Regency
'Yoods subdivision and is approximately 1.5 acres in size. A culvert under South 369th Way
discharges stonnwater from the north into Wetland" A" at its north end. Surface water passes
through the wetland to the south and exits a culvert at the south end of the wetland. The
culvert at the south end of the wetland passes under a benn and enters a vegetated detention
pond. This pond has been designed to back up into Wetland" A" as described in Section 3.2.
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April 20, 1995
Pag., pag.
!EXHIBIT L...,-.
PAGEiO~~A1
Wetland" A" has been inventoried and described by King County as a "bog". The inventory
sheet for tlùs wetland describes its condition as of June 10, 1981, when the wetland was
surrounded by undeveloped forest and Enchanted Parks was under construction. . Since the
inventory date the surrounding development appears to have substantially altered the
hydrology ,water chenústry and buffers of tlùs wetland. As. a result of tlùs degradation,. the
bog plant community, previously inventoried as being dominated by Sphagnum moss
($phagnwn spp.), Labrador tea (Ledwn groenlandicwn), bog laurel (Kalnúa occidemalis) and
cranberry (Vacciniwn oxycoccos) has been greatly reduced. Currently, only a small area
(approximately 4,OOOft2 in size) located in the center of the wetland retains tlùs plant
community.
The plant community in Wetland" A" observed during our site visit is varied and contains
emergent, scrub-shrub and forested wetland classes. The emergent plant community is patchy
and is. dominated by pure stands of slough sedge (Carex obrwpta) in some areas and mixes of
manna grass (Glyceria spp), tireweed (Epilobiwn angustifoliwn), water parsley (Oenanthe
. sarmemosa) and cattail (Typha Ianfolia) in the wettest portions of the wetland. Western
crabapple (Pyrusfusca), willows (Stilix spp), alder (Alnus ndJra), cascara (Rhamnus
purshiana) and hardhack (Spirea douglasiz) are present in the scrub-shrub and forest plant
communities throughout the wetland. The exception to tlùs is the previously described, small
patch of remaining bog vegetation dominated by Labrador tea in the center of the wetland.
This bog portion of the wetland displays well developed Sphagnum moss hummocks 18-24
inches tall covered with cranberry. Hardhack appears to be invading and smotheriong tlùs
unusual plant community. .
Hydrologic inputs to tlùs wetland appear to be direct precipitation and overland flow in
addition to stormwater flows through a culvert into the wetland. Hydrologic outputs from tlùs
wetland consist of evapotriu1spiration and flow out of the south-end culvert. .
A=rding to the US Fish and Wildlife wetland classification methods (Cowardin et al. 1979),
this wetland contains the following wetland classes; PEM1E (palustrine; emergent, persistent,
seasonally floodédJsaturated) and PSS1E (palustrine, scrub-shrub, broad leaved deciduous,
seasonally flooded/Saturated) and PSS3B (palustrine, scrub-shrub, broad leaved evergreen,
saturated) and PFOlC (palustrine, forested, broad leaved deciduous, seasonally flooded).
4.0
FUNCTIONS AND VALVES
Function and value aSsessment of the wetlands on site was based upon the methodology
described in Wetland Values: con=ts and methods for wetland evaluation (Reppert et al.
1979). This evaluation technique allows a non-quantitative analysis of the following wetland
functions and values: natural biological functions including food chain productivity and
habitat; wetland use as sanctuaries, refuges or. scientific study areas; shoreline protection;
groundwater recharge; storage of flood and stormwater; water quality improvement;
hydrological support and various cultural values. Each function can be scored high (3),
moderate (2) or low (1). The mean of these scores gives an overall rating for functions and
values for a wetland.
Re~ults of the Reppert analysis indicates that Mud Lake has a low overall function and value
ratIng. This low rating is expected due to the total isolation by development and buLkheading
of th"e edge. Mud Lake is essentially functions as an aesthetic. amenity as well as a detention
pond for the Enchanted Parks development and provides few other wetland functional values.
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April 20, 1995
Pag~, pag~
EXHIBIT L.
PAGE--'OF..2'~-"-
Wetland" A" (Hylebos Creek #34) received an overall score of 1.8 Ùldicating moderate overall
functional value. The. highest scoring functions that this wetland provides are for water
purification and for its bog plant community. These functions conflict with each other as a
bog plant community is typically very sensitive to changes Ùl hydrology and water chenústry.
However, . the influx of nutrients and Ùlcrease Ùl surface water Ùlundation and duration of
poneling appears to have reduced this plant community to a remnant of what it once was.
5.0
IMPACTS
SÙlce the proposed use of the site is an on-goÙlg practice, no additional impacts are
anticipated. The pumpÙlg.of surface water from Mud Lake to the south has been an existing
use for over 10 years. Any impacts to Wetland "A" from this diversion of surface water have
already occurred. Wetland" A" appears to have been altered from its original bog plant
communiwfrom a combÙlation of the development associated with the Regency Woods
Division 1 and the alteration of the hydrology and water chenústry associated with the Mud
Lake water pUmpÙlg operations. The plant community of Wetland" A " appears to have
adapted to the changes Ùl hydroperiod, water chenústry and depth of inundation at this time.
6.0
REGULATIONS
",
-'
The City of Federal Way regulates wetlands and streams under Chapter 80 (Environmentally
Sensitive Areas) of the City of Federal Way Zoning Code. All wetlands are protected as well
as a 100 foot buffer measured from the wetland edge. However, the Regency Woods Division
1 project was developed prior to the adoption of its Sensitive areas codes. As a result, no
vegetated buffers remain adjacent to Mud Lake. Buffers adjacent to Wetland" A " are defined
by lots, roads and the detention pond. -
In addition to the City of Federal Way wetland regulations previously described for wetlands
and streams, certain activities (filling and dredging) within "waters of the United States" may
fall under the jurisdiction of the US Army Corps of Engineers (ACOE). The ACOE regulates
all discharges Ùlto "waters of the United States" (wetlands) under Section 404(b) of the Clean
Water Act. Discharges (fills) Ùlto isolated and headwater wetlands up to 2.0 acres are
permitted under the various Nationwide Permits. Wetlands adjacent to streams with mean
annual flows ~5cfs and other waters of the United States may be considered "adjacent" and
would. require gOÙlg through the Individual Pennit process. However, the Corps has requested
that all consultants refrain from maIáng recommendations as to whether a wetland is isolated,
headwaters or adjacent. These determinations can only be made by the Corps.
Agricultural land wetland delineations are now reviewed by the NRCS (Natural Resources
Conservation Service) for the USACOE USÙlg the National Food Security Act Manual
(NFSM). The NFSM manual uses slightly different criteria to identify wetlands than both of
- the Federal manuals (1987 & 1989). DependÙlg on the history, drainage modifications and
existing conditions, NRCS may determine that some wetlands are considered "fanned
wetlands", "fanned wetland pastures" or ~prior converted croplands". Areas determined to be
"prior converted croplands" are eXempt from regulation by the Corps. However, the Corps
has requested that all consultants refrain from making recommendations as to whether a
wetland meets any of the agricultural wetland designations. These determinations can only be
made by the Corps and the NRCS. As previously noted, the City of Federal Way regulates
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.4ri1.20,1995
Page, page '
jurisdictional wetJaϡds according to the 1989 Federal Minual. The City Code does not
specifically exclude .prior converted croplands. from regulation. Therefore, the City of
Federal Way may continue to regulate wetlands that are not regulated by the Corps.
If you have any questions reg~ding this repmt, please caIi us at (206) 859-0515.
Sincerely,
B-twelve Associates, Inc.
.4/~
Ed Sewall
Senio~ Wetlands Ecologist
'"" """'OCWA.doc
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Apri/20, J995
Page 7
REFERENCES
City of Federal Way Zoning Code Chapter 80.
Cowardin, L, V. Carter, F. Go1et, arid E. l.4Roe~ 1979. Classification of Wetlands and
Deepwater Habitats of the United States. U.S. Fish ~d Wildlife Service, FWS/OBS-79-31,
. Washington, D. C.
EnviroI!mental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual,
Technical Report Y-87-1. U. S. Army Corps ofEngiileers Waterways Experiment Station,
Vicksburg, :Mississippi.
Federal Interagency Comririttee for Wetland Delineation. 1989. Federal Manual for
Identifying and Delineating Jurisdictional Wetlands. U.S: Army Corps of Engineers, U. S.
Environmental Protection Agency, U.S. Fish and Wildlife Service, and U.S.D.A. Soil
Conservation Service, Washington, D,C.' (Cooperative technical publication). '
Go1et, F. C. 1979. "Rating the wildlife value of northeast= freshwater wetlands", pages 63-
73. In P.E. Greeson, J.R. Clark, and J.E. Clark, eels., Wetland functions and values: The
state of our understanding. Amer. Water Res. Assoc., Minn. MN. 674 pp.
Hitchcock, C. and A. Cronquist. 1976. Flora of the Pacific Northwest. University of,
Washington Press, Seattle, Washington. '
King County Plaruúng Division. 1983. King County ,Wetlands Inventory Notebook, Vo!.s 1-
3. King County Courthouse, Seattle, Washington. ,
Ku¥r, L, 1990. Water Pollution Control Aspects of Aquatic Plants. Seattle Metro, 38p.
Munsell Color. 1988. Munsell Soil Color Charts. Kollmorgen Instruments Corp., Baltimore,
Maryland. ., ,
Novitzki, R.P. 1981. Hydrology of Wisconsin wetlands. U.S. Geo!. Surv. and Univ.
Wisconsin-Extension Geo!. and Natural Hist. Surv. Info. eirc. 40.
Reed, P., Jr. 1988. National List of Plant Species that Occur in Wetlands: Northwest
(Region 9). 1988., U. S. Fish' and Wildlife Service, Inland Freshwater Ecology Section, St.
Petersburg, Florida.
Reppert, R.T., Sigleo, W., Stakhiv, E., Messm,an, L and C.D. Meyers. 1979. Wetland
Values: Concepts and Methods for Wetland Evaluation. USACOE Institute for Water
Resources Res. Rpt. 79-R1 109pp. '
Steward, A. ,L Dennis, and H. Gilkey. 1963. Aquatic Plants of the Pacific Northwest.
Oregon State University Press, Corvallis, Oregon.
U.S.D.A. Soil Conservation Service. 1988. Soil Taxonomy. Robert E. Krieger Publishing
Company, Malabar, Florida.
.:XHIBf u~~- ,
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1103 W. Modccr Sc. Sulce. C .' Ka>< W^ 98032
(206) 859-0515 Fax C206jg52-4732
Job#: ~/O8
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ENCHANTED PARKS
CITY OF FEDERAL WA~ WA
A PORTION OF THE NW 1/4 SECTION 33, TOWNSHIP 21 N., RANGE 4 E., W.M.
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Photo Date: 05/01/80
N--<
Inventory Date: 06/10/81
Scale: 1" = 500'
WETLAND: Hylebos Creek 26
COMMUNI IT
PLAN AREA: Federal Way
BASIN OR
DRAINAGE: Puget Sound
LOCATION
(S,Tft,): SW-SW 28, 21N, 4E
ACREAGE: 2.1
SENSITIVE AREA MAP#: 6
CLASSIFICATION:
Fish & Wildlife Service
Common Name
PAB4
Palustrine Aquatic Bed F1oating-
leaved (Yellow Pond Lly)
Palustrine Open Water
Open Water
POW
Open Water
EXHIBIT '-
PAGE~T"i1:"
Wetland boUlldar1es shown are approximate- FurLber field studies are necessary to coIlfirm the actual delineation or
Lbe wetland aecording to tbe Federal Manual for Identifying and Delineating Iwi.rdictianal Wetlands.
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1 --- - Trees: ARPT
Shrubs: MD SX SD
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Herbs: NP OS PH PP TL UM
Sedges/Grasses/Ferns: AX
Birds: MA RB MW SS -
Mammals:
Fish:
Other: BF
] HYDROLOGY:
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Type:
Condition:
Outlet:
Type: None.
Condition: Not observed.
- -;-) Outflow enters: None.
'J Water movement through wetland:
I
Observed water quality in wetland:
EXHIBIT D .
Hylcbos C,Cek 26
)SIGNIFICAN'T HABITAT FEATURES: Several logs mixed with floating aquatic beds.
1
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Mud Lake. Some freeway noise.
~TLAND RATING (see Introduction for criteria): 2
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Specic:s listed are only those obsclVed during field visits. Further field studies are necessary to obtain a eümplcte list
including rare, threatened, ;md/or endangered species.
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Sealo: 1" = 500'
WETLAND: Hylebos Creek 34
COMMUNITY
PLAN AREA: Federal Way
BASIN OR
DRAINAGE: Puget Sound
LOCÁTION
(S,T,R): NW-NW 33,21N, 4E
ACREAGE: 1.4
CLASSIFICATION:
SENSITIVE AREA MAP#: 6
Fish & Wildlife Service
Common Name
PSS3
Palustrine Scrub-Shrub Broad-
leaved Evergreen (Labrador Tea)
Palustrine Scrub-Shrub Broad-
leaved Deciduous (Red Alder)
Bog
PSSI
Bog
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PAGE IH7.'.~.... "-'-.
~., J .415.___-
WoUand boundarios shown aro approximato. Furtbor field stuclios aro DOCOSSary to confum tho actual ddiDoation of
tbo woUand according to tbo Fedual Manual for Identifying and Delineating Jurisdictional We/lands.
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OBSERVED SPECIES (refer to Appendix 1):
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Herbs:
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Birds:' YW
Mammals:
Fish:
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Type:
Condition:
Outlet:
Type: None.
Condition: Not obsexved.,
!"") Outflow enters: ,None: ,
\.J Water movement through wetland:
Observed water quality in wetland:
I SIGNIFICANT HABITAT FEATURES:
ì
J GENERAL OBSERVATIONS:
HylGbos Creek 34
Well developed bog containing high Sphagnum. hummock with dense
Cranberry. Some freeway noise impacts. '
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WETLAND RATING (see Introduction for criteria): 1 (d)
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EXHIBIT' L.
P A GE)£!é: J .~-
Species listed are only those observed during field visits. Further field studies are necessary to obtain a complete list .'
including rare, threatened, and/or endangered species.
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P AGE I w 0 FA'" Ecolog;c.' Sy"ems Design & ~~.gemen'
- ~l03 W. MockedL. SuHe. C . KenL WA 98032
(206) 8S9.QSIS Fu (206) 852-4732
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FUNCTIONAL CHARACTERISTIC (Reppert et aI. 1979)
Project: £et..~f<J P--k.s Wetland: /I1v,{ LAk¿ Date: 3-Z2-"'1S-
NATURAL BIOLOGICAL FUNCTIONS
-
Food Chain Production
L Net Primary Productivity - /o~ Ú)
2. Mode of Detrital Transport - /ow {I)
3. Food Chain Support - /,u{l) );?=- I
Generalized and Suecia1ized Habitat
This characteristic is evaluated primarily by completion of Habitat Evaluation
Checklist 0" ~",JÁ r~1'-'7 /.1--/ Ú)
><=-/
AOUATIC STUDY AREAS SANCTUARIES OR REFUGES
This area is not used as an aquatic study area, sanc=ry or wildlife refuge.
HYDROLOGIC SUPPORT FUNCTION
L Hydrologic periodicity - 1'.:1;'i!:~d 10...,Ó)
2. Location or elevation within wetland system - ,~J'" ;'~(Í)
x=-/
SHORELINE PROTECTION
L Vegetation characteristics
.,. A. Type of wetland vegetation - ",.L--,..-A:r I.~(J)
B. Density of vegetation (%) Z-"/p /Þ~/» x=-'
2. Areal extent - /þ~ (;) ?-,
3. Fetch - /- ~(¡)
4. Cultural development - ^'"fr:¡ t..jA 6) ;;;= ,¿ ç
STORAGE FOR STORM AND FLOOD WATERS
1. Flood storage factor - .'>-"20'% of ~-¡---$V -¿./f?)
2. Flood retardation factor - O~o'lo /¿~( )
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NATURAL GROUNDWATER RECHARGE
L Groundwater recharge area (% of total watershed) - J......, (2) x-=-\
WATER PURIFICATION FUNCTION
...
L Wetland Type
A. Hydroperiod - f'U"",-, ,.~(¡) -:<=1
B. Vegetation density - 2....5'8)".. to""'/!)
2. Areal Relations
A. Total area - ¿ ..,~<"" l~oJ(¡)
B. Proportion of open water -.>?-5"Y. I"La)
C. Proportion of total water volume through system - ¡ I,~Q )
D. % àt!y BCD lvddi,,¡; - '5(= 1.7-
3. Geograplúc and Other Location Factors /- V
A. Frostfreeperiod- >~.!ið/.,.! .~"O
B. Area not strategically located with respect to waste sources or
other water supply intakes - ;..I.~ ~.~-¡...~+ r.~,:,<ù 1<-=-l, ç- >? -- rl-
CULTURAL VALDES
COMMERCIAL FISHERIES /1/4
RENEWABLE RESOURCES AND AGRICULTURE /VA-
RECREATION X == L....
AESTHETICS x=-f
mSTORICAL OR ARCHEOLOGICAL IMPORTANCE #19-
HABITAT FOR RARE, RESTRICTED OR REUC FLORA OR FAUNA ;;;- =- I
OTHER CONSIDERATIONS
SUMMARY AND CONCLUSIONS 0 v<-\..)) r~.J-¡;..-. -:- !)?-
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FUNCTIONAL CHARACTERISTIC (Reppert et al. 1979)
Project: E(;l~f') I'-ifr Wetland: h{, k6PJ 3'f. h,/f_) A "Date: 3.22-'5""
NA ruRAL BIOLOGICAL FUNCTIONS
-
Food Chain Production
1. Net Primary Productivity. /p~ (/.)
2. Mode of Detrital Transport. /, .../(¡)
3. Food Chain Support - ,-"J (z) x=- /. 3
Generalized and Specialized Habitat
This characteristic is evaluated primarily by completion of Habitat Evaluation
Checklist O""",ß ¡>; h-/ /ø"'-'-""',Á1....~
AOUATIC STUDY AREAS SANCTUARIES OR REFUGES
This area is nor used as an aquatic study area, sanc=ry or wildlife refuge.
HYDROLOGIC SUPPORT FUNCTION
1. Hydrologic periodicity - boJ /0..., (I)
2. Location or elevation wit!ùn wetland system - ;,. /, ;,,1 (¡)
x==- I.D
SHORELINE PROTECTION
1. Vegetation characteristics
" A. Type of wetland vegetation -
B. Density of vegetation (%)
2. Areal extent -
3. Fetch.
4. Cultural development - NA
STORAGE FOR STORM AND FLOOD WATERS
1. Flood storage factor - <. 5%.F ~"~(I....J. ",~(i)
2. Flood retardation factor - >J.'/, L;/.,Ó\
>: := 2.0
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NATURAL GROUNDWATER RECHARGE I
1. Groundwater recharge area (% of total watershed) - X~O
WATER PURIFICATION FUNCTION
-
1. Wetland Type
A. Hydroperiod - 1.0./ (j)
B. Vegetation density -~:<. h., I, /3J X=?, 0
2. Areal Relations
A. Total area - /.<f~< ¡,~ (J) ~
B. Proportion of open water - h'1ht?
C. Proportion of total water volume through system - )Sò"4 ).'í~b)
-D. % &] BCD Ivad;'ü¡;- :;;: =- 2.3
3. Geograplùc and Other Location Factors
A. Frostfreeperiod- >z.:;-z,,",~.; ,.;<-6)
B. Area not strategically located with respect to waste sources or
other water supply intakes - LJ- ~- oJ:: ---,..-.-+ (7;)
5<=:2 , Ç' ><:=- z... 3
CULTURAL VALUES
COMMERCIAL FISHERIES /l/rr
RENEWABLE RESOURCES AND AGRICULTURE /vl1-
RECREATION L,v --,{ x--=-/.5
AESTIJETICS ¡"7 ~ x-=- 3;
" ,
HISTORICAL OR ARCHEOLOGICAL IMPORTANCE /VA
HABITAT FOR RARE, RESTRICTED OR RELIC FLORA OR FAUNA 81.1 h -;:-3
OTHER CONSIDERATIONS
SUMMARY AND CONCLUSIONS ~ dI r~¡',¡ ,>< ~ /.'6
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ROUTINE WETLAND DETERMINATION DATA FORM
(Federal Manualfor Identifying and Delineating Jurisdictional WetImids, January 198!l)
B-1WELVEASSOCIATES, me.
Project: £.-.J..j-d P-ks JobU: '15'-108
Jurisdiction: F<:.b,~ I ¡,..<." Staœ: IN/1
Atypical areas analysis: . "".
Problem areas analys:is: "'"
Investigator. Ed Sewall
Sample Point #: DP# /
Date: :<!--/O "'S-
Wetland:
VEGETATION
Dominant plant species
1. ,e"v/~6--: /'WVZ~;'
2. O~-I_" ;ù.s,.c;.~-."f
3. c;.~/~ "h~A'.......
4. r¡,1.<hd.- ,.,-~, ¡t.~~
5. '
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Stratum
T
5
.s
H
Indicator
FoK-V
P'iC-v
/",-,,<v
F=A<.</
Covexage %
% of species OBL, F ACW and/or F AC:
Comments:
0
lIydroplrytic v~getluion criteria mer: Yes á$;)Marcinal
SOILS
Mapped Soil Series:
Di;pth(O in)
£4>.
L8..in.
_in.
-in.
Indicators present:_lristosol,_histic epipedon,_sulfidic odor,_aquic moistnre regime,_reducing conditions,
~l~yin!:.,_~ncretions!~~ surfi~ia! organic content,~~rganic streaIdng,_mottling
Hydric sorl CT1lena met:~ BasIS: IV" t'..JJ,c<.11>d
Comments:
it/)¿,w..J.
Matrix color
/Oy{l 2~'Z.-
/01/2.:3 ~
On Hydric Soils List?: Yes <N;))
Mottle color
Dr:cinage Class: /l1 ufD
Te~FF
"""",ell. "'---<.. /0""-
I I
HYDROLOGX .
InuncWcd:~ Depth of Standing waœr._Sanrnted:-'£Æ) Depth to saturated soil:
Indicators present:_inundated,_sanrnted upper 12' ,_water marks,_drift lines,_sediment deposits
_dn.in.age patterns,_Oxidiz.ed rhizomeres,_waœr stained leaves
Wetland lrydroiDgy criteria me: Yes IN Basis: /V,; 1:',J¡-~..J"r..5
Comments:
SUMMARy OF ~
Hydrophytic vege':'tÏ°n:~' Hydric soils:-Y4Þ " W~d hydrology: yßD
Dma poinz /TIeets tM criteria of a jurisdictional wetland?:~
COM1l1ENTS:
~,-~,-
.._L
--~..L-
~',.
PAC:; 2~ <
1
,
!
j
1
I
I
I
-- """}
,
'J
I
I
.;
¡ r-'
, )
, )
ROUTINE WETLAND DETERMINATION DATA FORM .
(Federal Manualfor Identifying and Delineating Jurisdictiorwl Wetlands, January 1989)
B-TWELVEASSOCIATES, INC.
Projecc¡;;"J,~f,J ¡"-ft.r
Jurisdicrion: ~.I Wo.y
Atypical areas analysis: h.
Problem areas analysis: /Vi>
Job#: Cf1--/:J4 Invostigaror. Ed Sewall
State: IV,.,. Sample Point tI: DP# '2..
Date: '2: -/0 '7::>
Wetland: Æ-
VEGETATION
Dominant plant species
L {j,1""'J Nb~
2. ""~""VJ /^ """'~J'k
3. t".,..,. ,,'oo-"',"+-""
4.
5.
6.
7.
8.
9.
10.
II.
12.
13.
14.
IS,
Stratum
-r
-r-
h'-
Indicator
FM.
Po<. u
IYßL
Coverage %
% of species OBL, F ACW and/or F AC:
Comments:
Hydrophytic ~gaatio" crireria mer. Yos No Marl'Ín.a1
SOILS
Mapped Soil Scries: .5o<r-fk """rlL
Depth(O in) Matrix color
If.in.
-iÌì.
_in.
in. .
Indicators Present:2S:histosol,_histic epipedon.~sulfidic odor,-,-aquic moisture regime,_reducing conditions,
~~:iÍau~,,:~~~~hit:, ~~~ org~h~~ni"t,_organic streaking,_mottJing
Comments:
On Hydric Soils List?~ No Drainage Class: V P D
Mottle color Textnre +
.r;'bn'¿ p¿.;
,
RYDROL9ÇY ,,' . . .~,
Inundated:CX2!:!: Depth of Standing water.~Sa~ Depth to satunlted soil: So'+:.....('
Indicators presenc_inundated,_satur.l.ted upper 12' ,_water marlcs,_drift lines,_sediment deposits
_drunage P. attems'_Ori~SPheres,_water stained leaves
Waland hydrology criteria es No Basis:
Comments:
SUMMARy OF ~
Hydrophyric vegetation:CQJ:i Hydric soi1s& Wetland hYdrology~
Data poiN meas tM criteria of ajurisdicrional wetland?: Yes No
COMMENTS:
=-
J..
~'..2L
EXt"-.-.
PAC 2 3'.
;¡¡;¡~,-
J
1 -:--
1
1
j
I
I
I
rJ
, ì
'J
I
i...)
0)
ROUTINE WETLAND DETERMINATION DATA FORM
(Federal ManuaIfor Identifying and Delineating Jurisdictional Wetlands, JanU<lry 198'1)
B-TWELVEASSOCIATES, me.
Project: ~;'-d Ç/,.,!q Jobl: 'Ï!>-I()A Investigator. Ed Sewall Date: Z. -/()-9S"
Jurisdiction: ¡::;.h,~ I ~. Slate: >VA Sample Point #: DP#,"'S Wetland.:
Atypica.l areas analysis: ~<$ "",{oM k.;... ~.~~ .'-" w-'~ .'..h"-.f7,.,..J/-I, ¡:;~ /",¡- ""~ev-J
Problem areas analysis: /V, /
VEGETATION
Dominant plant species
1. ?h.¡'ir/.s cvv-'/.:'-a~
2. s..~ ¡"" v"" ""'G!~.s<...
3. tZvb..s ,,"-ue;"""
4.
5.
6.
7.
8.
9.
10.
II.
12.
13.
14.
IS.
Stratum
h'
oS
~
Int:fc~
F"MV
F/'tc t)
Coverage %
% of species DBL, F ACW and/or F AC:
Comments:
3~
Hydrophytic vcgalUion cri1eria mð: yef@ Marlrina1
SOILS
Mapped Soil Series:
J;¡el'th(O in)
-!D,.
_in.
_in.
in.
Indicators present:_histOsol,_histic epipcdo[l,_sulfidic odor,_aquic moisture regime,_reducing COnditiOI1S,
----:.¡leying,_co[lcretioI1S, W surficial organic co[lteI1t,_organic streak:irJg,_mottl.ing
Hydric$oilcriteriama: Yes Basis: "" ,~,./,.r.h~r
CommClIts:
41k,,~.J)
Matrix color
IOYfZ- .3/"Z-
On Hydric Soils List?: Yes r@ Drainage Class: /'-1 W Þ
M~:.,~lor !~x;~ s-L /ce,r..,
,
EOODROLQÇY -~ h
Inurtdated:æJi Depth of Sœnding water.~Saturated:~ Depth to satur21ed soil: .$- r - c..(
Indicators present:_inundated,_saturated upper 12' ,_water marks,_drift lines,_sediment deposits
_drainage patterns,_oxidized ~SPhe=,_water stained leaves
WaÚlnd hydrology criteria mð: No Basis:
Comments:
SUMMARy OF CRlTERLI. /' ß .
Hydrophytic vegetarion:~ Hydric soils: YiN) -- W~d hydrology:l!Æi
DlUa poiTJI =a$ the cri1eria of a jurisdiaiorwJ weiTãrui?:~
COMMENTS: Wl-T/~'/ ,,) Jr.; 10. ~ if - - )~ (yoU-¿""'¡- ~v-<- "':;
~...f..v, b""", "v~n"¡ "-,,,"/n..;;- "",..,I-F.,-!. I~<-t-? ~-S.
/ I ,
~-~,-
EX~
PA
-'- 0
"--~
2/l
J
1
;
-.J
1
1
...,
i
.3
J
I
I
;--,
~
. ~
'-J'
I
I
J
j
J
J
J (-')
.)
j
j
ROUTINE WETLAND DETERMlNATION DATA FORM .
(Federal Manualfor Identifying and Delinearing Jurisdictiond WetIo.nds, January 1989)
B-IWELVEASSOCIATES, INC.
Project: z=;.eJ,-/y"l /--k JoM: q5-/(}8 Investigator. Ed Sewall Date: <"'-/0 -q S-
Jurisdiction: R,¿,.,.I w. ¡ State: v.-A Sample Point #: DPtt..,.. Wetland:
Atypical areas analysis: .." ,""I", ..v~"øI ,::;;; ..,.-~ ,£;. ~ A....I /AI<.<
Problem areas anaIysis:,yo .
VEGETATION
Dominant plant species
1. AI,-", ~r"
2. 5.",1,.., w "'~~"'"J<>"
3. f.vb-J I.."...~-I-v.s
4. ()~'¡'.u.. "¡,.,,.-~ "'-
5.
6.
7.
8.
9.
10.
II.
12.
13.
14.
IS.
Stratum
<;
oS
,S
/.;.
Indicator
PA-c.
1=,...(.<./
prCV
FÞ'-
Coverage %
% of species OBL, F ACW and/or F AC:
Comments:
5"0
Hydrophytic vegetation criJeria = Yes No ~
SOILS
Mapped Soil Series:
Depth(O in~
'.B.in.
_in.
_in.
_in.
Indicators present:_histosol,_hiStic epipedon,_sulfidic odor,_aquic mois= regime,_reducing conditions,
....gleying,_concretions,_high surficial organic content, organic streaking,_wottling
Hydric soil criteria mer: Yes ¡ \ß Basis: ^ , . ¡ -J ;c::+"r-.f
Comments: ~
It-/j¿."v,~ ,)
Matrix ~oloJ
2.SY 4-/<;
On Hydric Soils List?: Yes (ÑJ;J DI2Ïnage Class: /'vi ?Vb
Mottle color I~ /..""""
HYDROLO~
In~datW: Y Depth of Standing waœr._Saturaœd:éYh£ Depth to saturated soil: s~ -~<..(
IndIcators present:_inundated,_saturated upper 12' ,_water marks,_drift lines,_sedÏment deposits
_dI2Ïnage patterns,_oxidized~SPheres,_w:tter stained leaves
Werland hydrology criJeria mer Y No Basis:
Comments:
SUMMARY 0 F CRITERIA
Hydrop~ytic vegetation: YrN -; Hydric soils:~ W~d hydrologyã'm:
DaIa pOUl! = tlu! criteria of ajurisdic:ional wdland?:~
COMMENTs: Ji.þ.l&< < ~r!-,-Ç,i,:.lJ... ~/, ","-1./ Fr-",~
, ,!-'" ,~ ,;J¿~ r..v-<'] ¡".r"" ? .J"-~IÇ
¡Jv-o'-<.
, , ,
::=.._-,-
i-
.,2L-
SÇ¡ 'Ì1',",:"""
'\ -, , ,
PP-"'-
~S
~
..
-1
1
1
ì
.i
/)
<J
'\
J
ROUTINE WEILAND DETERMINATION DATA FORM
(Federol Manualfor Identifying and Delineating Jurisdictional Wetlands, January 1989)
B-TWEL VB ASSOCIATES, me.
Project: E~/.cÁ y,...k Job#: q5"-/oi!J Investigater: Ed Sewall Date: -2-1() -"IS-
Jurisdiction; F<.b,~ -¡ """, State: w/t Sample Point jt: DP# ,? Wetland:
AtypicaJareasanalysis: w-r' l.,k.l'-, drt,¡:;,~.í:" ¿,'c...,/,,( ff>~ r"""rl- p.-f"-,
Problem areas analysis: /'<") -' I
VEGETATION
Dominant plant species
J. I1-1NV-J /V¡".~
2, O,~/.r,... (',;.t.Fò~,~
3, &.- b.<~< 1'>05"""'"
4. p¡...t",« ~v-,.,-. (",.."-
5. 1/,+-", ..I-ð,'"
6. J2.vl,ws vr<,;,~-S
7.
8.
9.
10.
lL
12.
13.
14.
15.
Stni!lIn
I
.5
.5
¡-..-
l-r
H
Indicator
Þ-+-<-
F,+c. oJ
F/'-CI/
f'74c '-"
F~c.
FÆ-c tJ
Ccverage r.
r. of species OBL, F ACW and/or F AC:
Comments:
)"0
Hydroplrytic vegaarion criJeria = Yes No ~
SOlLS
Mapped Soil Series:
Depth(O in)
(, in.
}8'"iÌi:
_in.
in.
Indicators pr=t:_hÏstosol,_hisric epipedon,_sulfidic odor,_aquic moisture regime,_reducing conditions,
--.$leying,.2:;concretions, ~ surficial organic content,_organic streaking,_mottIing
Hydric soil criteria mer: Yes N Basis: -"0 ,;..f,<- "'-<",.f ,..
Comments: A-vr.bfð...r ro....Cr,f,:-s ~ f- ¿; N ~f1.,
HYDROLOGX
Inundated:.YL1:'t' Depth of Standing water:_Saturatcd:~ Depth to saturated soil:
Indicators present:_inundatcd,_saturatcd upper 12" ,_water marlcs,_drift lines,_sediment deposits
_drainage patterns,_oxidized rhizD~,_water stained leaves .
WaiNld lrydroL:Jgy criteria mer: Yes Basis: r"ð ,.. --/., ...".~,.. I
Comments:
/t1k",...J
Matrix color
/orf2- "Z/z.
IDYI',- 3<3
On Hydric Soils List?: Yes<@> Drninage Oass: M 1../ j;)
Mottle color J.~ture I, "'"
5--<.. I. "-
SUMMAR Y 0 F CRITERIA
Hydrophyticvegetation: YrN? Hydric soils: y/ff) -- We~d hydrology: YfJi
Dora poi","",as tiu! critaia of ajurisdiaional ~?:~
COMMENTS:
~,--,-
. .L.-
'.l-L
EX~ c --,""'-
PAr 2'
":
,
Ì
I
1
1
I
.J
1
I
I
/,
..
r
I
J
;
j
I
I
1 ..-......
( 'f
.: )
ROUTINE WETLAND DETERMINATION DATA FORM
(Federal Manualfor Identifying and Delineating JurisdicJionnl Wetlands, January 1989)
B-TWEL VE ASSOCIATES, me.
Project: E~.J.~f<d /'"-1<. ¡obU: 95-/08 Investigator. Ed SewaU
Jurisdiction: ';=ú"~/ N'~~ State. /-../1'/ SljIIIpleP t# DPUt:
Atypical areas analysis: <A/: , .....i", P-""" ;:.-*' o~~~ ov~., ~y'-
Problem areas analysis: ÞV'<>.
Date: Z -/0 -qs-
Wetland:
/if /0 vOY' r
VEGETATION
Dominant plant species .
1. $.0,;".... ,/oo/./...,~
2. 'S,/--,y~ -01...!",-~<
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Stratum
5
p
Indicator
F/I-( ""'
,cA-c -
Covenge %
,
.
J
% of species OBL, F ACW andlor F AC: /" Ò
Comments:
liydroplrytic vegetarian crireria ~ No Manrinal
SOn.s
Mapped Soil Series:
Dcpth(O in)
-1t.in.
!....LID..
_in.
in.
IndicatQrn prcsent:_hisrosol,_histic cpipedon,_sulfidic odor,_aquic moisture regime,_reducing conditions,
-J¡leying,...:s:concretions,_~ surficial organic content._OFganic strcaking,_mottling
Hydric soil crireria mer: Yes. Basis: ~ø ';"../.,""1"" r
Comments: C'"",,«.--s- <;-i-" 8.,.." ~~ 7'", -:Ø-r .... k<. ,-"r7-A ,~"~"'~
HYDROLOi
Inundated: y/N Depth of Standing water._Saturatcd:~ Depth to saturated soil:
Indicatorn p nt:_Înundaœd._saturatcd upper 12" ,_water IriãIks._drift lines,_sediment depositS
_drainage patIems._oxidiud rilizoSBh!:res,_water stained Icav<;s
WerÍ<1nd lrydrololJY crireria mer: Yes No) Basis: /'/6 i,J,I, -,"';{,r-.J"
Comments:
4/k"..""",J
/~~~;:
/0712- 4/2.
On Hydric Soils List?: Yes §
Mottle color
Drainage Class: /1/ tV])
T~tureJ, /<-,"-7
SUMMAR Y OF CR.lTER!A
Hydrophytic vegetation:(}:ili Hydric soils: Y/N~ -- W~d hydrololJY: J@
DaIa pain! =ers tM criteria of a juri.rdiaional W~?:~
CO1\{]\{ENTS:
=
~,--,-
EJOJI!I';""'"' l.
PAG',. ~. "'.'..:'.---.."'~
)~'.. ,. I,., "
.
..,.......'-"--'.----
EXHIBIT C
Office Park Zone (OP-4) Development Regulations
1. PURPOSE AND OBJECTIVES
These Office Park Zone (OP-4) development regulations are established to govern the
operation and development of a Regional Commercial Recreation Facility and other permitted
uses as defined herein, and as described in any Concomitant Development Agreement pursuant
to Federal Way City Code (FWCC) 19-104 for property zoned OP-4,
2. ApPLICABILITY
A. The provisions of this Section will apply to all lands zoned OP-4, which shall be
subject to its own unique standards and review processes as set forth herein and in any
Concomitant Development Agreement pursuant to Federal Way City Code (FWCC) 19-104 for
property zoned OP-4. If the provisions relating specifically to the OP-4 Zone conflict with other
provisions of City codes or any Concomitant Development Agreement, these OP-4 Zone
provisions shall prevail. After the effective date of a Concomitant Development Agreement, any
change in FWCC referenced in any Concomitant Development Agreement shall not be deemed
to modify this Zone except as otherwise provided in the Concomitant Development Agreement.
B. Reference herein to the "FWCC" shall refer to Chapters 18,20,21 and 22 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.
3. USES PERMITTED
A. In addition to the uses allowed in the Office Park Zone of the FWCC, the following
principal uses are permitted outright:
I.
Regional Commercial Recreational Facility as defined herein;
2.
Hotel on a parcel not to exceed five (5) acres and as regulated by Sec. 22-757
Exhibit C
Office Park Zone (OP-4) Development Regulations
page I of4
...<....~~....._,----
FWCC, except as otherwise set forth in these Development Regulations;
3. Restaurants as regulated by Sec. 22-753 FWCC, except as otherwise set forth in
these Development Regulations;
4. Retail establishments that provide entertainment, recreational and cultural
services, or activities; and Retail Sales, general and specialty not to exceed an amount of
square feet of gross floor area on land described in a Concomitant Development Agreement
pursuant to Federal Way City Code (FWCC) 19-104;
5.
Caretaker residence.
B. Regional Commercial Recreational Facility shall mean a use operated for profit, with
private facilities, equipment and/or services, both indoor and outdoor for entertainment and
recreational purposes, including large- and small-scale amusement rides, roller coasters, aquatic
park facilities, swimming pools, accessory video and movie facilities, petting zoos, and other
similar uses. Such a use shall be of a scale or offer unique recreational opportunities so as to
provide recreational services of a regional nature. The use of such area may be limited to private
membership or may be open to the public upon payment of a fee.
C. Accessory Uses. The following accessory uses shall be reviewed using that process
associated with the permitted use to which it is attached:
I. Warehousing and distributing, secondary to permitted primary uses provided
such use does not exceed twenty-five percent (25%) of the permitted use;
2.
Outdoor storage; and
3. Any other use determined by the Director to be compatible with the above
accessory or permitted uses pursuant to Section 22-946 of the FWCC.
D. Tel71poraty Uses. The following temporary uses may be conducted in this Zone and are
exempt from the requirement of Article X, Chapter 22 of the FWCC:
Temporary use in this Zone shall include seasonal retail sale of agricultural products
such as vegetables, fruit, or flower stands; community festivals; outdoor sales of recreational
vehicles; boat shows; or other parking lot sales, provided each temporary use exists for no
more than seventy-five (75) days in every three hundred (300) days.
Exhibit C
Office Park Zone (OP.4) Development Regulations
page 2 of 4
"'."'_",,-
4. GENERAL DEVELOPMENT STANDARDS
AND REVIEW PROCEDURES
A. Except for Regional Commercial Recreational Facilities, the development standards
and review procedures for all uses, except as otherwise set forth in a Concomitant Development
Agreement pursuant to Federal Way City Code (FWCC) 19-104, shall conform with those
identified by the corresponding use in the FWCC Office Park Zone as appropriate. In the event a
non Regional Commercial Recreational Facility use permitted in the OP-4 zone is not permitted
in the FWCC Office Park Zone, then those development standards and review procedures
identified for the specific use in the first zone where the use is allowed, shall apply, except as
otherwise set forth in this Agreement; provided, however, that Process II, Article V, Chapter 22,
of the FWCC shall be applied to all such uses. For Regional Recreational Facilities within the
developed area as shown on EXHIBIT J, Chapter 22, of the FWCC, Article IV.A,
Process I - Director's Approval, shall be utilized for all such proposed uses. For all other
Regional Recreational Facilities, Process II, Article V, Chapter 22 of the FWCC shall govern.
B. The height restriction for property zoned OP-4 shall be thirty-five (35) feet unless
otherwise established by a Concomitant Development Agreement pursuant to Federal Way City
Code (FWCC) 19-104 between the City of Federal Way and the Property Owner.
C. Any proposed new development, requiring a development permit, approval of a plan
and a iandscaping plan, shall submit such plans in compliance with the requirement of the
FWCC, except as otherwise set forth in a Concomitant Development Agreement pursuant to
Federal Way City Code (FWCC) 19-104 :
I. The required site plan shall be limited to the area which would be disturbed by
any proposed structure or proposed impervious surface.
2. The boundaries of any required landscape plan shall be coterminous with the
disturbed area.
5. ENVIRONMENTALLY SENSITIVE AREAS
A.
Any portion of property zoned OP-4 which is classified as environmentally sensitive
Exhibit C
Office Park Zone (OP-4) Development Regulations
page 3 of 4
.--...-------
,,-
pursuant to Chapter 22, Article XIV (environmentally sensitive areas) of the Federal Way City
Code, and on which new development is proposed shall comply with the requirements therein,
except as provided in subsection B below.
B. The provisions of Chapter 22, Article XIV (environmentally sensitive areäs) shall not
apply: to new development within artificially-created lakes, wetlands, streams, or surface water
retention ponds, or their required setbacks or buffers, except that the provisions of Chapter 22,
Article XIV shall apply to any development proposed in lakes, wetlands, or streams (or their
required setbacks or buffers) created as mitigation for impacts to wetlands, lakes or streams.
6. SIGNS
Notwithstanding any requirements in FWCC Section 22-335 or FWCC Section 22-1601, a
Regional Commercial Recreational Facility may have no more than one regional, high profile,
freestanding sign as defined in this Section of the OP-4 Zone. Such a sign shall be in lieu of, not
in addition to, one of the two high profile signs that might otherwise be allowed under FWCC
Section 22- I 60 I. A regional, high profile, freestanding sign shall be allowed only in connection
with Regional Commercial Recreational Facility use, and shall be removed at such time when
more than fifty percent (50%) of the square footage of the area devoted to such existing uses as
shown on EXHtBtT B are converted to uses other than Regional Commercial Recreational Facility
uses. Upon removal of a regional, high-profile, freestanding sign, FWCC Section 22-1601 shall
regulate high profile signs on the OP-4 Zoned property.
A.regional, high profile, freestanding sign must be located near to a regional transportation
system (such as an interstate highway), must be located at least three hundred (300) feet from any
area zoned residential along SR 161, S. 369th Street, and 19th Way South, and may be up to
seventy-five (75) feet high and up to thirteen hundred (1,300) square feet in area.
I IENClmOW'EXHlBlTC CClf"'ru." ro. "'"
Exhibit C
Office Park Zone (OP-4) Development Regulations
page 4 of 4
'"...............""-"-
...
FEDERAL WAY
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
REPORT TO
THE FEDERAL WAY CITY COUNCIL
ENCHANTED PARK ANNEXATION
Proposed Development Regulations &
Concomitant Development Agreement
Federal Way File No: ANN96-0001
Related File No: SEP97-0035 & UP397-0008
PUBLIC HEARING - FEBRUARY 17, 1998
7:00 P.M.
CITY COUNCIL CHAMBERS
FEDERAL WAY CITY HALL - 33530 FIRST WAY SOUTH
(253-661-4111)
Report Prepared by:
Margaret H. Clark, AICP, Senior Planner
Section
'"v,~"","u'"""-:""""",,,,""""^"\I."'Ü-
TABLE OF CONTENTS
Page
Attachments
I.
II.
IlL
IV.
V.
VI.
VII.
VIIL
IX.
X.
XL
XII.
XIII.
................................................................ II
Introduction ............................................................1
ReasonforAction .......................................................1
HistoryandBackground ..................................................2
Generallnformation......................................................3
General Description ......................................................4
Environmental Determination ..............................................5
Existing Zoning and Comprehensive Plan Designations. . . . . . . . . . . . . . . . . . . . . . . . . . 5
Proposed Concomitant Development Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Proposed Development Regulations for the OP-4 Zone. . . . . . . . . . . . . . . . . . . . . . . . . I I
Costs and Revenues to the City Associated with Annexing Enchanted Park. . . . . . . . . 14
DecisionaICriteria......................................................19
Findings ..............................................................22
Staff Recommendation.................................... ...............25
Enchanted Park Annexation
Staff Report
Page i
ATTACHMENT I
ATTACHMENT 2
ATTACHMENT 3
ATTACHMENT 4
ATTACHMENT 5
ATTACHMENT 6
ATTACHMENT 7
ATTACHMENT 8
ATTACHMENT 9
ATTACHMENT 10
ATTACHMENT II
ATTACHMENTS
Concomitant Zoning Agreement with Exhibits A- L
Exhibit A Legal Description
Exhibit B Site Plan - Structures
Exhibit C Office Park 4 Zone (Op-4) Development Regulations
Exhibit D Site Plan - Parking
Exhibit E Height Restrictions - Area Map
Exhibit F Drainage Improvements (Summary - Complete Text at City Hall)
& October 28, ] 997 Letter from ESM, Inc.
Parking Lot Expansion - Site Plan
Parking Lot Expansion - Landscape Plan
Landscaping
Site Plan - Access
Site Plan - Lighting
Site Plan - Development Activities
Traffic Report
Wetlands Report
Exhibit F-l
Exhibit F-2
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
Exhibit L
Office Park 4 (OP-4) Development Regulations
Responses to questions from the November 13,1997 Public Hearing
Comment letters received following the November 13, 1997 Public
Hearing
60 Percent Petition
Ten Percent Annexation Area
Portion of City of Federal Way Official Zoning Map covering Ten percent
Annexation area
Vicinity Map
Portion of King County Comprehensive Plan Land Use Map 1995
Portion of King County Zoning Atlas December 1996
April 23, 1997 Correspondence from King County
Enchanted Park Annexation
Staff Report
Page ii
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I.
INTRODUCTION
Since early 1993, the City of Federal Way has been discussing a concomitant
development agreement (Attachment 1) and development regulations (Attachment 2) to
govern the annexation of Enchanted Park to the City of Federal Way with representatives
of Enchanted Park, Inc. Federal Way City Code (FWCC), Section 19-104 - Pre-
annexation concomitant agreement provides strong language about the intent of a pre-
annexation development agreement, thereafter in this staff report to be referred to as
concomitant development agreement
FWCC Section 19-104 states that the intent of a concomitant development agreement is
to create a process to promote diversity and creativity in site design and to protect and
enhance natural and community features. The concomitant development agreement and
the accompanying Office Park 4 (OP-4) development regulations prepared for Enchanted
Park responds to and meets the intent of this section by providing for the continued use
and expansion of a unique regional business while improving the drainage situation;
protecting environmental features; providing for adequate level of review relative to the
proposed use and location of such use; addressing any potential impacts associated with
the operation of the park, such as noise, glare, and lighting; and providing adequate, and
in some instances improved, perimeter buffering than what presently exists today. In
addition, a new parking lot is proposed to provide for future parking needs.
Furthermore, during the March 1995 public meeting on the ten percent petition requesting
annexation to the City of Federal Way, the City Council gave direction that a concomitant
development agreement should be utilized for the annexation. Based on the history and
actions proposed in the concomitant development agreement, staff recommends approval
of the concomitant development agreement and OP-4 development regulations for
Enchanted Park.
II.
REASON FOR ACTION
Both Washington State law and the City of Federal Way Annexation Ordinance require
the city to hold public hearings on proposed annexations and annexation zoning
regulations. When a concomitant development zoning agreement is used in an
annexation, as is the case with the Enchanted Park Annexation, pursuant to FWCC
Section 19-104, Pre-annexation concomitant agreement, and state law combined, there is
a requirement for one public hearing to be held by the City Council on the concomitant
development agreement and annexation and two public hearings to be held at least thirty
days apart on the proposed zoning development regulations.
The first of the two required public hearings on the proposed development zoning
regulations was held on November 13, 1997. During that hearing, certain questions were
brought up by the City Council, Planning Commission, and members of the public.
Enchanted Park Annexation
Staff Report
Page 1
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Responses to these questions are given in Attachment 3. In addition, two comment letters
(Attachment 4) were submitted following that hearing. Responses to those letters are also
found in Attachment 3. On December 3, I 997, the Federal Way Planning Commission
considered the matter at a regularly-scheduled meeting. The second hearing on the
proposed development regulations is scheduled to be held on February 17, 1998. This
hearing will include the second public hearing on the proposed development regulations.
a hearing on the concomitant development agreement and annexation, and a hearing on
whether to accept the 60 percent petition.
After the close of the February 17, 1998, public hearing, the City Council may by a
majority of the total membership, accept the 60 percent annexation (Attachment 5) by
resolution and direct staff to submit a Notice ofIntent to Annex to the King County
Boundary Review Board, make a motion to move the ordinance establishing the
development regulations for the Office Park 4 (OP-4 zone) (Attachment 2) and approving
the concomitant development agreement (Attachment 1) to second reading, followed by a
motion to move the ordinance approving the annexation to second reading.
This staff report addresses both the proposed development regulations (Attachment 2) for
the OP-4 zoning classification imposed on the property with the adoption of the City of
Federal Way Official Zoning Map effective August I, 1996, and the proposed
concomitant development agreement (Attachment 1). It also includes a fiscal component
which analyzes the anticipated revenues and expenditures associated with annexing the
property (Section X of this Staff Report).
III.
HISTORY AND BACKGROUND
In February of 1995, the City of Federal Way received a ten percent petition to annex
certain property. The area within the ten percent petition is generally bounded by SR 161
(Enchanted Parkway), Interstate 5, and the existing City of Milton limits (Attachment 6).
On March 21, 1995, the City Council held a public meeting at which the council accepted
the ten percent annexation petition and authorized circulation of the 60 percent petition.
At that meeting, it was decided that a concomitant development agreement would be
utilized for the Enchanted Park property.
During the comprehensive plan adoption process, all properties covered by the ten
percent petition were given permanent comprehensive plan designations and as part of the
adoption of the August 1, 1996 City of Federal Way Zoning Map, the properties were
pre-zoned.
The Enchanted Park property was pre-zoned Office Park 4 (OP-4) and the remainder of
the properties were pre-zoned Suburban Residential (SE), Single Family Residential (RS
7.2), and Multi-family (RM 3600 ) (Attachment 7). No development standards were
established for the OP-4 zoning classification. A 60 percent petition received on October
Enchanted Park Annexation
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Page 2
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27,1997 (revised February 9,1998), covered only that area north of 369th Street
(AUl/cllment 5), which is a smaller area than included within the ten percent petition,
IV,
General Information
Project
Name:
Representative:
Location:
Parcel Numbers:
Project Size:
King County
Zoning:
Federal Way
Zoning:
King County
Comprehensive
Plan Designation:
Enchanted Park Annexation
Enchanted Park Inc, by their representative Jerome 1. Hillis
Hillis, Clark Martin & Peterson, P,S,
1221 Second A venue, Suite 500
Seattle, WA 98101-2925
(206) 623-1745
Within King County adjacent and directly south of the City of
Federal Way and between 1-5 and Enchanted Parkway, north of
South 369th Street and 19th Way South (Attacllment 8)
282104-9024,282104-9026,234550-0440,721265-2310, &
721265-2350
Approximately 66 acres
King County Regional Business, Neighborhood Business, and
Urban ResidentialfR-4 (4 dwelling units per acre)
Pre-zoned Office Park 4 (OP-4) on August I, 1996
Commercial Outside of Centers, Neighborhood Business Center,
and Urban Residential 4-12 dwelling units per acre
Enchanted Park Annexation
Page 3
Staff Report
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Federal Way
Comprehensive
Plan Designation:
Commercial/Recreation
v.
GENERAL DESCRIPTION
A. Land Use
The majority (approximately 64.92 acres) of the proposed 66 acre Enchanted Park
Annexation Area is comprised of property owned by Enchanted Park, Inc.
(Attachment 5). Milton Road is owned by King County, and approximately 1.05
acres in the extreme north is owned by the Washington State Department of
Transportation (WSDOT). All property except the WSDOT property is party to the
concomitant development agreement.
Approximately 45 out of the 64.92 acres under the Enchanted Park Inc. ownership is
presently developed and used as a regional commercial recreational facility and
support facilities, including roller coasters, activities associated with a water park
such as water slides and indoor/outdoor entertainment activities, and food services
(Exhibit B of Attachment 1). The 8.92 acre Parcel Q and the southern 11.47 acres
(Parcel V) are currently vacant. Parcel V is proposed to be developed as a 1,065
space parking lot in two phases to be approved as part of the concomitant
development agreement. The 0.64 acre WSDOT property is also presently
undeveloped. A caretaker and his family presently reside in the southern portion of
the developed portion of the Enchanted Park site, and therefore, the annexation, if
approved, would add four new residents living in one dwelling unit to the City of
Federal Way.
B.
Traffic Circulation
The annexation area is surrounded on all sides by roads (Attachment 5). However
only that portion of Milton Road (approximately 0.5 miles in length) extending from
South 369th Street to the Milton RoadÆnchanted Parkway intersection is part of the
proposed annexation. The proposed annexation does not include any of State Route
161 (Enchanted Parkway) right of way, the South 369th street right of way, or the
19th Way South right of way. Existing access to the annexation area is presently
from both Milton Road, where there are three access points, and Enchanted Parkway
where there is one access (Exhibit H of Attachment 1). The plans for the new
parking lot on the southernmost parcel (Exhibit F-1 of Attachment 1) includes a
new access on to Milton Road.
c.
Drainage
i)
Water Quantity - The existing developed area presently drains to Mud Lake
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. ,w,...""",--
I¡'om where the discharge is pumped southerly downstream across the
undeveloped 11.47 acre site proposed for the parking lot expansion. The runoff
drains into an existing wetland south of South 369th Street and then into the
detention pond for Regency Woods. Runoffassociated with the development of
the first phase of the parking lot, consisting of393 parking spaces, can be
accommodated by Mud Lake. However, certain improvements to the pumping
will be required. In addition, an overflow structure to regulate discharge
downstream will be installed at the 369th Street embankment. With the
construction of the second phase of the parking lot, a detention pond will be
constructed on this parcel and final changes would be made to the overflow
structure (Exhibit F-1 of Attachment 1).
ii)
Water Quality - Mud Lake presently acts as a wet pond for the approximate 47
acres which drain to it. Oil/water separators are in use on all existing outfall
pipes to Mud Lake. In addition, appropriate water quality source control
measures will be installed through out the existing site as part of the
development of Phase I parking. Since Phase I parking will drain to Mud Lake,
no further improvements for water quality are proposed for development of the
Phase I parking. As part of the review and approval of any additional phases of
parking, appropriate water quality facilities in accordance with state and local
standards will apply.
VI.
ENVIRONMENTAL DETERMINATION
Annexation is an exempt action under the State Environmental Policy Act (SEP A) (RCW
43.21c.222). However, the concomitant development agreement, the development
standards for the OP-4 zone, the drainage improvements, and the proposed 1,065 parking
lot are subject to SEPA review. A Determination of Non significance (DNS) was issued
on October 28, 1997. The IS-day comment period ended on November 12, 1997, and the
14- day appeal period ended on December 1,1997. No appeals were received. Based on
new information relating to a potential wetland on Parcel V, an Addendum to the October
28, 1997 DNS was issued on January 27, 1998.
VII.
EXISTING ZONING AND COMPREHENSIVE PLAN DESIGNATIONS
A. Existing King County Comprehensive Plan and Zoning
The existing King County Comprehensive Plan (Attachment 9) for the proposed
annexation area is Commercial Outside of Centers for the 45 acre developed portion
of the Enchanted Park site, Neighborhood Business Center for the 8.92 acre
undeveloped portion on the east, and Urban Residential (4-12 dwelling units per
acre) for the southern 11.47 acre portion. Based on existing King County zoning, the
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Staff Report
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>"'>'.'0"',..'.",.,. "~"'P,,.,-
majority of the annexation area except for the southern 11.47 acres, is designated for
commercial uses. The King County zoning for the proposed annexation area is
shown on Attachment 10 and is described below.
i)
Regional Business Zone - The 45 acre developed portion of Enchanted Park is
zoned Regional Business (RB) by King County. King County Code Section
2 J A. 04. J J 0 states that the purpose of the RB zone is to provide for the broadest
mix of comparison retail, wholesale, service, and recreation/cultural uses with
compatible storage and fabrication uses, serving regional market areas, and
offering significant employment opportunities.
In general, under the King County code, permitted uses include grocery stores,
general and speciality retail, residential as part of a mixed use development,
hotels and motels, theaters, amusement and recreation areas, amusement parks,
conference centers, and general and professional office use.
ii) Neighborhood Business Zone - The 8.92 acre eastern portion located in the
northwest quadrant of SR 161 and South 366th Street, is designated
Neighborhood Business and is part of the Regency Woods Planned Unit
Development (PUD). The parcel includes a wetland which may limit the
potential size of any retail uses. Based on King County Zoning Code Section
2JA. 04. 090, the purpose of the neighborhood business zone (NB) is to provide
convenient daily retail and personal services and to minimize impacts of
commercial activities on nearby properties.
In general, uses permitted within this zone include grocery stores; neighborhood
retail such as gasoline service stations, drug stores, and florist shops; a variety
of residential uses excluding single family use; hotels and motels; and
professional offices.
iii) Urban Residential/R-4 Zone - The southern 11.47 acre parcel is presently zoned
Urban Residential/R-4 (four dwelling units per acre) by King County. Based on
King County Zoning Code Section 21A. 04. 080, the purpose of this zone is to
efficiently use urban residential land, public services, and energy while
implementing King County Comprehensive Plan goals and policies. Permitted
uses within this zone include a wide variety of residential uses.
B. Existing Federal Way Comprehensive Plan and Zoning
The City of Federal Way anticipated the eventual annexation of the Enchanted Park
area by including a plan designation of Commercial/Recreation for this area in its
November 1995 Comprehensive Plan and OP-4 zoning for the area on its August
1996 Zoning Map. At that time, development regulations were not prepared for the
OP-4 zone.
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Staff Report
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Prior to the adoption of the City of Federal Way comprehensive plan and zoning
regulations, which included the annexation area, the City of Federal Way prepared a
Draft and Final EIS which considered the environmental impacts of comprehensive
plan and proposed zoning for this area. As stated on page 11-16 of the City of Federal
Way Comprehensive Plan, "The Commercial Recreation designation acknowledges
the unique recreational opportunity associated with the Enchanted Park property.
Enchanted Park is an indoor/outdoor amusement facility most noted{or its water
park. Annexation o/the park will provide the city with an unique recreational asset.
The Park is located in the City's potential annexation area in a location where
urban services are adequately provided.... "
VIII.
PROPOSED CONCOMITANT DEVELOPMENT AGREEMENT
Pursuant to FWCC Section 19-104, the intent ofa pre-annexation concomitant agreement
is to create a process to promote diversity and creativity in site design and to promote and
enhance natural and community features. FWCC Section 19-104 also states that by using
flexibility in the provisions of a pre-annexation concomitant development agreement, the
process will promote developments that will benefit the citizens that live and/or work
within the city.
The provisions of the Enchanted Park concomitant development agreement have been
worked out between the applicant and staff, subject to city council approval. It is intended
to address the unique nature of the site by providing development regulations which
would allow continued use and expansion of existing and similar uses while at the same
time preserving the environmental features of the site. The proposed OP-4 development
regulations are intended to govern development of all property zoned OP-4, whereas the
concomitant development agreement applies only to that property under Enchanted Park
and ownership. It does not cover. Milton Road, or the approximately 0.64 acres between I-
S and Milton Road owned by WSDOT. For that property under Enchanted Park
ownership, the concomitant development agreement and the proposed development
regulations for the OP-4 zone are intended to be used together. The OP-4 development
regulations are described in Section IX of this staff report.
The following describes the major points of the proposed concomitant development
agreement for Enchanted Park:
A.
Environmentally Sensitive Areas - Mud Lake is exempted from regulation as an
environmentally sensitive area. Over the years as Enchanted Park developed, King
County did not regulate it as an environmentally sensitive area. As a result, the area
surrounding the lake has been completely developed around and today, Mud Lake
essentially serves as a surface water detention pond in a closed depression.
Furthermore, King County issued a letter April 23, 1997, stating that Mud Lake is
more appropriately managed as a lake or stormwater facility without the
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encumbrances of the wetland designation (Attachment 11).
The artificially-created wetland located on Parcel V is also exempted from regulation
as an environmentally sensitive area. The reason for this exemption is because the
wetland was created artificially as a result of pumping of excess water from Mud
Lake during the winter months over approximately the last ten years. In addition, the
artificially created wetland is less than 4,800 square feet in size and would be
classified as a Class III wetland type, the lowest functional classification by King
County. Any environmental functions that it may be presently fulfilling would be
provided by a proposed detention pond to be constructed in approximately the same
location.
All other environmentally sensitive areas that may be included within the annexation
area will be regulated pursuant to FWCC Article XIV, Environmentally Sensitive
Areas, as may hereafter be amended.
B. Height- Height restrictions for any new development are set for property covered
under the concomitant development agreement. The maximum allowable height for
the WSDOT parcel is set out in the development regulations as 35 feet. As proposed,
the Enchanted Park property is divided into three areas, Area I, 2, and 3 (Exhibit E
of Attachment 1).
i)
Area I covers the 11.47 acre Parcel V completely extending 500 feet from the
south boundary line of Parcel V. The maximum allowable height of any
buildings in Area I is proposed to be three stories or 35 feet, which ever is
greater.
ii) Area 2 extends 300 feet northwards from the northern boundary of Area I. It
also extends 300 feet from the property line adjacent to Enchanted Parkway,
however, it would include all of Parcel Q. The base height of regional
commercial recreational facility uses, e.g., roller coasters and water slides, is
proposed to be 55 feet with a maximum height of 75 feet. The base height of all
other uses, except offices and hotels is proposed to be 35 feet with a maximum
height of 55 feet. The base height of both office use and hotels is proposed to be
55 feet, however, the maximum height of office use is proposed to be 70 feet
with hotels going up to 75 feet. In order for any use to exceed its allowable base
height, it would be subject to Process III review and approval and have to be
setback an additional one foot from the property line for everyone foot of
additional height. Process III review requires public notice in the paper, posting
of the site and official notification boards, and notification of all owners of
property located in an adjacent residential zone where the residentially-zoned
property lies within 300 feet of the proposed project.
iii) Area 3 is the remainder of the site. The maximum height of regional commercial
Enchanted Park Annexation
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",,",,"H;,,""""""" """
recreational facility uses, e,g" roller coasters and water slides, is proposed to be
125 feet
c.
Retail- With the exception of retail, allowable uses in the OP-4 zone are set out in
the proposed development regulations. Under the proposed concomitant
development agreement, up to 100,000 square feet of retail would be allowed on the
Enchanted Park property with no limits being placed for retail on Parcel Q, This
means that all uses except retail would be allowed on the WSDOT property. As
discussed in Section VII of this staff report, the King County Regional Business
Zone which applies to the 45 acre developed portion (Exhibit B of Attachment 1)
presently allows unlimited retail and the King County Neighborhood Business zone
which applies to the 8,92 parcel (Parcel Q) is intended to provide convenient daily
retail and personal services,
D, Nonconformance & Process - The concomitant development agreement would
exempt all existing and new regional commercial recreational facilities located
within the existing recreation area (Exhibit B of Attachment 1) from the provisions
of FWCC Article IV, Nonconformance, In addition, as set out in the proposed
development regulations for the OP-4 zone, any relocation or addition of regional
commercial recreational facilities located within the developed area would be subject
to Process I review and approval, which is an administrative review and approval,
unless the proposal was to exceed the base height restrictions as set out in Section
3.4, Height Restrictions, of the proposed concomitant development agreement New
regional commercial recreational facilities to be located outside of the existing
recreation area and any non-regional commercial recreational facilities regardless of
their proposed location would be subject to FWCC Article IV, Nonconformance, and
Process II, a higher level of administrative review, However, regardless of the
foregoing, fire safety codes and other life safety requirements under the Uniform
Fire Code (UFC) and Uniform Building Code (UBe) must be met
E,
Noise - For property located south of the north/south dividing line shown on Exhibit
J of Attachment 1, hours of operation are restricted from 9:30 a,m, to 10:00 p,m.,
seven days per week, and for property north of that dividing line from 9:30 a.m. to
1:00 a,m., seven days per week. In addition, not exceeding 15 times per year, the
park would be allowed to be open all night for special events such as graduation
parties. However, no outdoor music audible to surrounding residential property
would be allowed after 10:00 p.m., and furthermore, Enchanted Park would be
required to comply with all city ordinances related to noise, glare, and lighting, Last,
if required by the Director of Community Development Services, Enchanted Park
must make modifications to address noise and lighting impacts on adjacent
residential use.
F.
Baseline Parking - Enchanted Park would retain a minimum of 1,755 parking stalls,
which exist on the site today. If any stalls are removed due to relocation ofrides, the
Enchanted Park Annexation
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addition of rides, or the addition of new non-regional commercial recreational uses,
such as a hotel, the lost parking stalls must be replaced. Also, additional parking
must be provided in compliance with FWCC Chapter 22 to serve any new non-
regional commercial recreational uses.
G. Signs - Except for the 75 foot tall sign located adjacent to 1-5 and Milton Road, all
signs are either in compliance or will be brought into compliance by the year 2000 as
required by the sign code. The proposed OP-4 development regulations include a
provision which would allow one regional high profile freestanding sign up to 75
feet in height and 1,300 square feet in area. Such a sign must be located near a
regional transportation system such as 1-5, and be located at least 300 feet from any
area zoned residential along SR 161, South 369th Street, and 19th Way South.
H. Drainage - As part of the concomitant development agreement, a drainage study
was prepared which addresses future improvements to the Enchanted Park drainage.
Please refer to the description under Section V.C of this staff report. Implementation
of the recommendations in the drainage study, including construction of the
oversized detention pond, will provide for water quality and accommodate runoff
from the site, while improving the functioning of the downstream wetland located
within Regency Woods.
L
New Parking Lol- As part of the proposed concomitant development agreement,
Process III approval is being granted for the 1,065 stall parking lot proposed to be
constructed on Parcel V, the 11.47 acre parcel located on the south portion of the
Enchanted Park site. This parking lot is proposed to be constructed in two phases. As
part of the first phase, which will be the construction of 393 parking spaces on 3.5
acres immediately east of Milton Road, 15,000 cubic yards of material will be
stockpiled for use in the construction of the Phase II parking. The concomitant
development agreement proposes to stockpile this material on the northernmost
portion of Parcel V in such a configuration to provide a longitudinal berm running
from east to west. The concomitant development agreement states that Phase II
parking will not be constructed prior to the year 2002. Phase II parking may be done
in two steps, however in order to provide a balanced cut and fill on-site, the entire
Phase II will have to be cleared at once. That portion of the area cleared but not
constructed as part of Phase II will be hydroseeded. Perimeter vegetation as shown
on Exhibit F-2 of Attachment 1 will be installed commensurate with any clearing
and grading.
J.
Parking Lot Landscaping - Exhibit F-2 of Attachment 1 depicts the proposed
landscaping for the new parking on Parcel V. Federal Way code requires a ten-foot
wide Type III buffer when an OP zone abuts a public right-of-way. The proposed
perimeter landscape along all three sides of the new parking lot abutting adjacent
public rights of ways exceeds the Federal Way requirements. Landscaping proposed
adjacent to Milton Road is a ten foot wide Type I buffer. The landscaping proposed
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to be installed along South 369th Street as part of the Phase I parking is a 28 foot
wide Type I buffer on top of a ten foot high berm. The landscaping proposed to be
installed with the Phase II parking is a 20 foot Type I buffer along the remainder of
South 369th and 19th Way South. As discussed during Subsection VI.H, perimeter
landscaping will be installed at the time that the site is cleared. The interior lot
landscaping will meet Federal Way code requirements.
K. Perimeter Landscaping - Other perimeter landscaping will be ten foot wide Type III
landscaping which conforms to the Federal Way requirements installed in three
phases as shown on Exhibit G of Attachment 1.
L.
Tax Matters - The concomitant development agreement proposes language which, to
the extent authorized by law, would prohibit Federal Way from imposing an
admissions tax on Enchanted Park for 12 months following notice to Enchanted Park
of the proposed tax. This language is being proposed because Enchanted Park has its
tickets prepared well in advance of the season, and Enchanted Park would like the
opportunity to change ticket prices in response to admissions tax.
M. Amendment - Minor amendments to the concomitant development agreement would
be approved by the Director of Community Development Services and major
amendments would have to be approved by the City Council subject to Process VI
(Legislative) approval.
IX.
PROPOSED DEVELOPMENT REGULATIONS FOR THE OP-4 ZONE
A. Description of Proposed Regulations
The proposed development regulations for the OP-4 zone are included both as
Attachment 2 and Exhibit C of Attachment 1. The proposed development
regulations set up development standards upon which new development within the
OP-4 zone would be based.
The following describes the major points of the proposed OP-4 zone.
i)
It uses the existing Office Park (OP) zone as a basis for permitted uses and
development standards and proposes to add the following permitted uses:
a)
Regional Commercial Facility. As defined within the proposed OP-4
development regulations, this means a use operated for profit, with private
facilities, equipment and/or services, both indoor and outdoor for
entertainment and recreational purposes which includes the following uses:
I. Large and small scale amusement rides.
2. Roller coasters.
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3.
4.
5.
6.
7.
Aquatic park facilities.
Swimming pools.
Accessory video and movie facilities.
Petting zoos.
Other similar uses.
b)
Hotels on a parcel not to exceed five acres and as regulated by FWCC
Section 22-757, except as otherwise set forth in the concomitant
development agreement
c)
Restaurants as regulated by FWCC Section 22-753, except as otherwise set
forth in the concomitant development agreement
d)
Retail establishment providing entertainment, recreational, and cultural
services or activities
e)
Retail sales, general and speciality, not to exceed 100,000 square feet of
gross floor area, except there would be no restrictions on retail on Parcel Q,
the 8.92 acre parcel located on the eastern portion of the Enchanted Park
annexation site. No retail would be allowed on the 1.05 acre parcel owned
by WSDOT.
f)
Caretaker Residence.
g)
Accessory Uses such as:
1. Warehousing and distributing, secondary to permitted primary uses
provided such use does not exceed twenty-five percent (25%) of the
permitted use.
2. Outdoor Storage.
3. Any other use determined by the Director of Community Development
Services to be compatible with the other accessory uses or permitted
uses.
h)
Temporary Uses that exist for no more than 75 days in every 300 days.
These temporary uses include the following:
1. Seasonal retail sales of agricultural products such as vegetables, fruit,
or flower stands.
2. Community festivals.
3. Outdoor sales of recreational vehicles, boat shows, or other parking lot
sales.
ii) Except for regional commercial recreational facilities, the development
standards and review procedures shall conform to the corresponding use in the
existing Office Park (OP) zone. For all non-regional commercial recreational
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facilities not allowed in the existing OP zone, the development standards and
review procedures to be used would be those for that specific use in the first
zone where the use is allowed.
iii) Regional commercial recreational facilities within the developed area would be
subject to Process I review and approval except as set out in Section 3.4, Height
Restrictions, of the concomitant development agreement. Regional commercial
recreational facilities outside of the developed area would be subject to Process
II review and approval except as set out in Section 3.4, Height Restrictions, of
the Concomitant Agreement.
iv) All other uses would be subject to Process II review and approval except as set
out in Section 3.4, Height Restrictions, of the concomitant development
agreement.
v)
The maximum height of any structure on the WSDOT owned property is 35
feet.
vi) Any plans required for project approval shall be limited to the area which would
be disturbed by any proposed structure or proposed impervious surface.
vii) The boundaries of any required landscape plan shall be coterminous with the
disturbed area.
viii)
It includes specific language stating that development within artificially-
created lakes, wetlands, streams, or surface water detention ponds, or their
required setbacks or buffers would not be subject to the provisions of
FWCC Article XIV, Environmentally Sensitive Areas.
ix) There may be no more than one regional high profile freestanding sign
associated with the regional commercial recreational facility. This sign must
meet the following standards:
a)
The sign shall be located near to a regional transportation system such as an
interstate highway
b)
The sign shall be located at least 300 feet from any area zoned residential
along SR 161 and South 369th Street.
c)
The sign shall be no taller than 75 feet and exceed 1,300 square feet in area.
d)
The regional high profile sign associated with the use of the property as
Regional Commercial Recreational must be removed at such time when
more than 50 percent of the square footage of the area devoted to such
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,0" ""'"o,'-""""~-'--"~""._M"~,-
existing uses as shown on Exhibit B of Attachment 1 are converted to
other uses.
B.
Comparison with Existing King County Zoning
As discussed above, there are three types of King County zoning classifications
within the proposed annexation area. The majority of the site (the 45 acre developed
portion), is zoned Regional Business (RB) by King County. The RB zone allows
those uses proposed within the OP-4 development regulations. The property to the
east presently zoned Neighborhood Business (NB) by King County is proposed to
allow a larger variety of commercial uses with the OP-4 zoning than presently
allowed under King County. The location of the wetland on this parcel (Exhibit J of
Attachment 1) will provide a buffer between future development activities and the
residential area to the east. In addition, any development proposed for this parcel
would be required to confonn to then existing Federal Way City Code, and the
provisions of the State Environmental Policy Act. The parcel to the south which is
presently zoned R-4 by King County allows single family, multifamily, and
townhouse development. The applicant is proposing to develop a parking lot in two
phases with approximately 1,065 parking spaces on this parcel. This would result in
approximately 11.47 acres of separation between the residences to the south and the
developed portion of the Enchanted Park property.
x.
COSTS AND REVENUES TO THE CITY ASSOCIATED WITH ANNEXING ENCHANTED PARK
A. Introduction
The following variables shown in Tables 1 and 2 are criteria used to measure the
financial impact of annexing the Enchanted Park area to the City of Federal Way.
The period evaluated is between the years 1998 and 2003. Table 3 shows the
anticipated operating revenues and Table 4 shows the anticipated operating
expenditures. As demonstrated in these tables and in Section VIII.B, Summary, there
will be net operating revenues resulting from the annexation of Enchanted Park until
the year 2003 when there is a projected deficit of$I,194. Based on infonnation
received from the various city departments, no capital projects are planned for the
area nor will there be any deferred maintenance.
Enchanted Park Annexation
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"""""",,',~"'O~'N"-
TABLE I
VARIABLE:S CITY OF FEDERAL WAY ENCHANTED PARK
POpu lation 75,960 4
Assessed Valuation $3,895,166,213 $3,681,900
Housing Units 27,527 I
Cable Users 19,880 0
Center Line Miles 223.21 0.5
Traffic Signals 48 0
No. Park Acres Needed based on 10.9
acres/IOOO population LOS N/A 0
TABLE 2
1997 City Levy Rate/$1 ,000 A V 1.561
City Percentage of Sales Tax Paid 0.85%
1997 City Utility Tax Rate 5.00%
Enchanted Park 1997 Retail Sales -- Taxable $5,082,865
Amount
1.
Revenues Anticipatedfrom Enchanted Park
i)
Property Tax - In 1997, Enchanted Park's assessed valuation was $3,681,900.
The city receives 0.156 percent of the assessed valuation as property tax and the
projected growth rate is 1.037 percent per year. Projected property tax revenues
from Enchanted Park for the years 1998 to 2003 are shown in Table 3.
ii) Sales Tax - Sales tax revenues are projected to grow 1.030 percent per year
between 1998 and 2003. Sales tax estimates are based on 1997 gross sales of
$5,082,865 at Enchanted Park. Projected revenues from sales tax from
Enchanted Park for the years 1998 to 2003 are shown in Table 3.
iii) Utility Taxes - The city would receive five percent of all utility taxes paid by
Enchanted Park. Utility taxes are projected to grow by 1.030 percent per year
between 1988 and 2003. Projected revenues from utility taxes paid by
Enchanted Park for the years 1998 to 2003 are shown in Table 3.
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Staff Report
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iv) Surface Water Management Fees - Surface Water Management (SWM) Fees
are based on the total impervious surface of a development. Therefore, the
SWM fees ITom Enchanted Park are based on the existing impervious surface.
As additional impervious area is developed, these fees would be subject to
change. These fees are shown in Table 3.
v)
State Shared Revenues - The state-shared revenues (gasoline tax, the motor
vehicle excise tax, liquor board profits, and the liquor excise tax) are distributed
to cities on the basis of population. Annexing Enchanted Park would add only
one household, and therefore, any change in these taxes would be
inconsequential.
TABLE 3
REVENUES FROM ENCHANTED PARK
Taxes REVENUES TO CITY Growth
Paid in Ratc
1997* 1998 1999 2000 2001 2002 2003 used in
Projccte Projectcd Projccted Projected Projected Projected Projections
d
Property $5,960 $6,181 $6,409 $6,646 $6,892 $7,147 1.037
Tax (0.156%
of assessed
valuation)
Sales Tax $44,500 $45,835 $47,211 $48,627 $50,086 $51,588 1.030
(0.85% of
taxable
amount)
Utility Taxes
Gas $81,611 $4,203 $4,329 $4,459 $4,953 $4,730 $4,872 1.030
Electric $134,680 $6,936 $7,144 $7,358 $7,579 $7,807 $8,041 1.030
Garbage $21,825 $1,124 $1,158 $1,192 $1,228 $1,265 $1,303 1.030
Telephone $47,080 $2,425 $2,497 $2,572 $2,649 $2,729 $2,811 1.030
Cellular $12,596 $649 $668 $688 $709 $730 $752 1.030
SWM $33,087 $33,087 $33,087 $33,087 $33,087 $33,087
fees"
Total $98,884 $100,900 $102,997 $105,119 $107,326 $109,602
Revenues
8ased on the period October 1996 through November 1997
SWM fees is designated for SWM purpose, can not be used for general governmental services
Enchanted Park Annexation
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.-..,...-.....-----
TABLE 4
OPERATING EXPENDITURES ASSOCIATED WITH ANNEXING ENCHANTED PARK
1998 1999 2000 2001 2002 2003 Growth
Projected Projected Projected Projected Projected Projected Rate
Municipal Court $59 $61 $63 $65 $67 $69 1.030
Services
Civil Legal Services $26 $27 $27 $28 $29 $30 1.030
Community $130 $134 $138 $142 $147 $151 1.030
Development
Parks & Recreation $0 $0 $0 $0 $0 $0 1.030
Jail Services $1,562 $1,609 $1,657 $1,707 $1,758 $1,811 1.030
Police Services (1.25 $81,250 $84,550 $87,880 $91,395 $95,051 $98,853 1.040
FTE)***
Administrative $799 $823 $848 $873 $900 $927 1.030
Services
Street/Traffic Systems $4,944 $5,092 $5,245 $5,402 $5,565 $5,731 1.030
Surface Water $2,781 $2,864 $2,950 $3,039 $3,130 $3,224 1.030
Management
Total Expenditures $91,151 $95,111 $98,809 $102,652 $106,645 $110,795
Based on 3 FTE for 5 months, annualized to 1.25 FTE. Assumes $55,000 salary/benefits plus $10,000
other M & 0 costs per FTE
1.
Operating Expenditures Anticipated as a Result of Annexing Enchanted Park
i)
Municipal Court Services, Civil Legal Service, Community Development, &
Administrative Services - Operating expenses associated with these services are
based on population and a set formula used by the City of Federal Way
Management Services. As shown in Table 4, these expenditures are relatively
minor.
ii)
Parks and Recreation - The City of Federal Way's adopted Parks, Recreation,
and Open Space Plan has developed a standard of 10.9 acres of parks and open
space per 1,000 population. The proposed annexation will increase the city's
population by four, therefore, this annexation will not pose immediate park
operation costs for maintenance and/or acquisition to maintain the city's level of
service for parks, recreation, and open space.
Enchanted Park Annexation
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....~~.-
iii) Jail Services - Based on historical information obtained from King County, the
Federal Way Public Safety Department states that the park averages two auto
thefts during the summer, and thefts from automobiles are fairly frequent. In
addition, each summer, there are approximately six reports concerning indecent
liberties. However, apart from the actual citations, on an average, only six to
eight people are actually booked each summer. Then costs associated with the
bookings and maintenance are shown in Table 4.
iv) Police Services - The proposed annexation would mostly affect Patrol District
7. The annexation would increase the total land mass of District 7 by 9.8
percent. From May I, 1997 to September 30, 1997, District 7 officers responded
to 678 calls for service that actually required the officer to write a report. During
the same period, King County Sheriffs deputies responded to 55 calls for
service at Enchanted Park. In general, annexing the park would increase the
District 7 officer calls by approximately eight percent. At this point in time, this
would not warrant the need for additional personnel or equipment, however, this
situation may change if the clientele of the park were to change away from
family-oriented. Presently, Enchanted Park utilizes off-duty King County
deputies to work at the park, and this situation is expected to continue. The
Public Safety Department did have a concern about response time to the park
due to the limited access via the Enchanted Parkway bridge to the park.
v)
Street/Traffic Systems - The only right of way included within the Enchanted
Park annexation is 0.5 miles of Milton Road extending from the Milton Road(
Enchanted Parkway intersection to South 369th Street. Milton Road is a two-
lane street with narrow unpaved shoulders and open ditch storm drainage.
Milton Road is presently used by trucks from Lloyd's Sand and Gravel Pit to
get from the gravel pit to 1-5. Milton Road was overlaid by King County in
1992. The Pavement Management System scores Milton Road between 70 and
90 out of 100. Based on these scores, the road is anticipated to last another six to
eight years based on existing traffic loads. The only operating costs related to
street and traffic associated with the annexed portion of Milton Road would be
for road sweeping, shoulder restoration, mowing, patching, street
channelization, and signage. These costs are shown in Table 4.
vi) Surface Water Management - The only anticipated costs associated with
annexing the Enchanted Park site is associated with maintenance of the open
storm water ditches on either side of Milton Road. Associated maintenance
include mowing, grading, debris removal, and pesticide application. These costs
are shown in Table 4.
Enchanted Park Annexation
Staff Report
Page 18
B. Summary
The annexation of Enchanted Park is expected to result in the following net
revenues:
1998 = $7,332
1999 = $5,789
2000 = $4,168
2001 = $2,467
2002 = $681
2003=($1,194)
XI.
DECISIONAL CRITERIA
A. Concomitant Development Agreement
Pursuant to FWCC Section 19-104(d), the applicant has met with a committee of city
representatives to discuss both the concomitant development agreement and the
proposed development regulations for the OP-4 zone. The result of these meetings is
the recommendation being brought forward by the Director of Community
Development Services to the City Council. In addition, pursuant to FWCC Section
19-104(g), the recommendation of the Director of Community Development
Services to the City Council is guided by the following criteria:
i)a) The proposed pre-annexation concomitant agreement shall have a
beneficial effect upon the community and users of the development which
would not normally be achieved by traditional application of city zoning
districts and shall not be detrimental to existing or potential surrounding
land uses as defined by the Comprehensive Plan.
Enchanted Park is a unique use which has a regional customer base. The
existing FWCC development regulations did not anticipate such a use. The
concomitant development agreement has been drafted to allow the continuance
of the existing use with opportunity for growth and expansion while taking into
account surrounding land uses and zoning. Furthermore, the November 21,1995
City of Federal Way Comprehensive Plan designated the Enchanted Park
annexation area as Commercial/Recreation. As stated on page II-16 of said plan,
"The Commercial Recreation designation acknowledges the unique recreational
opportunity associated with the Enchanted Park property. Enchanted Park is an
indoor/outdoor amusement facility most notedfor its water park. Annexation of
the park will provide the city with an unique recreational asset. The park is
located in the City's potential annexation area in a location where urban
services are adequately provided...."
b)
Benefits may include, but are not limited to, the securing of annexation of
p.-operties:
Enchanted Park Annexation
Staff Report
Page 19
Located on critical transportation corridors;
Of historical significance;
Of environmental significance;
Or to preserve an existing significant land use or community.
The benefit of annexing Enchanted Park is to allow for the continued use of an
existing significant land use which has existed for over 15 years adjacent to city
boundaries. By annexing the area. the city will be able to work with the property
owner in ensuring that the operation and continued existence of the park
conforms to city regulations and complements surrounding land uses.
ii)
Unusual environmental features of the site shall be preserved, maintained,
and incorporated into the design to benefit the development in the
community.
The concomitant development agreement and the development regulations
include language for both the protection and continued use of Mud Lake as an
important park amenity. Artificially-created wetlands are exempted, however,
all other environmentally sensitive areas must conform to FWCC Article XIV,
Environmentally Sensitive Areas.
Hi) The proposed pre-annexation concomitant shall provide for areas of
openness by using techniques such as clustering, separation of building
groups, and use of well-designed open space andlor landscaping.
The majority of the site is already developed as a regional commercial
recreational facility. However, as part of the development concomitant
agreement, the south 11.47 acres is proposed to be developed into a parking lot.
The design of this parking lot has provided ample buffers and incorporated an
existing low spot into a detention pond with perimeter vegetation.
iv) It is consistent with the comprehensive plan.
As part of the November 21, 1995 adoption of the City of Federal Way
Comprehensive Plan, the Enchanted Park annexation area included within the
60 percent petition was given a designation of Commercial/Recreation. As
stated on page Il-16 of said plan, "The Commercial Recreation designation
acknowledges the unique recreational opportunity associated with the
Enchanted Park property. Enchanted Park is an indoor/outdoor amusement
facility most notedfor its water park. Annexation of the park wi/( provide the
city with an unique recreational asset. The park is located in the City's potential
annexation area in a location where urban services are adequately
provided...."
Enchanted Park Annexation
Staff Report
Page 20
v)
It is consistent with the public, health, safety, and welfare.
The proposed concomitant development agreement is consistent with the public
health, safety, and welfare. Provisions of the agreement are intended to set up a
review process and standards for all future uses in the Enchanted Park property.
All applicable city, state, and local public health and safety regulations will
apply to these uses, except as otherwise set forth in the concomitant
development agreement.
B.
Development Regulations for the Office Park 4 (OP-4) Zone
Pursuant to FWCC Section 22-523, the City Council shall approve the recommended
zoning development regulations if:
i)
The proposed amendment is consistent with the applicable provisions of the
comprehensive plan.
As part of the November 21, 1995 adoption of the City of Federal Way
Comprehensive Plan, the Enchanted Park annexation area included within the
60 percent petition was given a designation of CommerciallRecreation. As
stated on page 1I-16 of said plan, "The Commercial Recreation designation
acknowledges the unique recreational opportunity associated with the
Enchanted Park property. Enchanted Park is an indoor/outdoor amusement
facility most notedfor its water park. Annexation of the park will provide the
city with an unique recreational asset. The park is located in the City's potential
annexation area in a location where urban services are adequately
provided.... "
The adopted comprehensive plan acknowledged the unique nature of the site
and intended for zoning to be adopted which would allow continued use and
expansion of existing and similar uses. The proposed OP-4 development
regulations allows for these uses, and is, therefore, consistent with the
comprehensive plan.
ii) The proposed amendment bears a substantial relation to public health,
safety, or welfare.
The proposed development regulations are consistent with the public health,
safety, and welfare. The development regulations are intended to set up a review
process and standards for all future uses. All applicable city, state, and local
public health and safety regulations will apply to these uses.
iii) The proposed amendment is in the best interest of the residents of the city.
Enchanted Park Annexation
Staff Report
Page 21
XII.
The proposed OP-4 development regulations are part of a concomitant
development agreement between Enchanted Park Inc., and the City of Federal
Way to guide future development within the annexation area. By annexing the
area, the city will be able to work with the property owner in ensuring that the
operation and continued existence of the park conforms to city regulations and
complements surrounding land uses, therefore, the proposed amendment is in
the best interest of the residents of the city.
FINDINGS
I.
The proposed annexation area is within the City of Federal Way Potential
Annexation Area. The City of Federal Way Comprehensive Plan states that cities are
the appropriate provider of urban services to urban areas. Through annexation and
imposition of Federal Way Development regulations, development within this area
will be governed by said regulations
2.
The City Council accepted the ten percent petition and directed staff to prepare a
concomitant development agreement to govern the annexation
3.
The proposed annexation area has been given a comprehensive plan designation of
Commercial/Recreation by the City of Federal Way with a zoning of Office Park 4
(OP-4), both having the goal of allowing the existing and continued use of the site as
a regional commercial recreational facility. The proposed OP-4 development
regulations will achieve this goal.
4.
The proposed developed regulations for the O-P4 zone and the concomitant
development agreement meet the decisional criteria in FWCC Section 19-103(b)(5)
and Section 19-104(g).
5.
Enchanted Park is a unique use in South King County in that it is an indoor/outdoor
amusement facility combined with a water park, with a regional customer base.
6.
None of the city's existing development regulations anticipate such a unique use.
7.
The concomitant development agreement has been drafted to allow the continuance
of the existing use with opportunity for growth and expansion while taking into
account surrounding land uses and zoning.
8.
The City of Federal Way Comprehensive Plan, at page II-16, states that Enchanted
Park's Commercial Recreation designation, "...acknowledges the unique
recreational opportunity associated with the Enchanted Park property. Annexation
of the park will provide the city with an unique recreational asset. The park is
located in the City's potential annexation area in a location where urban services
Enchanted Park Annexation
Staff Report
Page 22
are adequately provided.. "
9.
Entering into the concomitant development agreement to allow for the annexation of
Enchanted Park will provide benefits to the City of Federal Way by securing
property along the critical transportation corridor ofI-5 and SR 161 (Enchanted
Parkway).
10. Entering into the concomitant development agreement to allow for the annexation of
Enchanted Park will provide benefits to the City of Federal Way by allowing
continuation of an existing significant land use which has existed for over ten years
adjacent to city boundaries.
11. Entering into the concomitant development agreement will not be detrimental to
existing or potential surrounding land uses as defined by the Comprehensive Plan,
because the concomitant development agreement contains detailed provisions
addressing, among other things, drainage, landscaping, parking, traffic, height, noise,
and future use. These provisions protect the existing and potential surrounding land
uses from any potential adverse impacts.
12. The concomitant development agreement and the development regulations include
language for both the protection and continued use of Mud Lake as an important
park amenity, and for protection of wetlands and sensitive areas on Parcel Q.
13. The concomitant development agreement provides for areas of openness because it
provides that the south 11.47 acres will be developed into a parking lot. The design
of this parking lot has provided ample buffers and landscaping, and will incorporate
an existing low spot into a detention pond with perimeter vegetation.
14. The concomitant development agreement and development regulations are consistent
with the Comprehensive Plan. The plan designates the property Commercial/
Recreational, and the concomitant development agreement and OP-4 development
regulations allow for the continuation of the Enchanted Park regional commercial
recreation use.
15. The concomitant development agreement and development regulations promote
diversity and creativity in site design; protect and enhance natural and community
features; and encourage unique developments that combine a mixture of uses
because they: I) set forth parameters for continuation of the unique Enchanted Park
regional commercial recreational use; 2) provide for future commercial, retail, and
office use of the property; and 3) protect natural features such the wetlands on Parcel
Q.
16. Entering into the concomitant development agreement and adopting development
regulations for property zoned OP-4, bears a substantial relation to the public health,
Enchanted Park Annexation
Staff Report
Page 23
safety, and general welfare of the city. The concomitant development agreement and
development regulations allow continuation of a significant use and create a review
process and standards for all future uses in the Enchanted Park property. All
applicable city, state, and local public health and safety regulations will apply to
these uses, except as otherwise set forth in the concomitant development agreement
and/or OP-4 development regulations.
17. The concomitant development agreement and OP-4 development regulations are in
the best interest in the residents of the city, for the reasons stated in Findings 1-16
above, as well as for the reason that the concomitant development agreement and
OP-4 development regulations will provide the city with the benefit of additional
revenues and other economic benefits from potential development under the
concomitant development agreement and OP-4 development regulations. Fllliher, the
city will enjoy the indirect benefits of name recognition from association with the
location of Enchanted Park.
Enchanted Park Annexation
Staff Report
Page 24
XIII.
STAFF RECOMMENDATION
After consideration of the staff report and recommendation, and at the conclusion of the
public hearing, if the City Council finds that all criteria outlined in FWCC Section /9-
103(b)(5) and Section 19-104 have been met, the City Council may take the following
action:
I.
Accept the 60 percent petition by resolution and direct staff to submit a Notice of
Intent to Annex to the King County Boundary Review Board.
2.
Make a motion to move the ordinance establishing the development regulations for
the Office Park 4 (OP-4 zone) and concomitant development agreement to second
reading.
3.
Make a motion to move the ordinance approving the annexation to second reading.
Pursuant to the requirements of FWCC Section 19-104(g)(2), staff recommends that the
City Council accept the 60 percent petition and direct staff to file a Notice ofIntent to
Annex to the King County Boundary Review Board. Staff also recommends that the City
Council adopt by ordinance the development regulations for the OP-4 zone and
concomitant development agreement, followed by the adoption of an ordinance
approving the annexation.
Prepared by Margaret H. Clark, AICP
Senior Planner:
CPr¡ ø-¡ ~ tkJ.p.J
Approved by Gregory D. Moore, AICP ~ 11
Director of Community Development Services: 'O"'(!-
Date: February 11 1998
7Jt¡-f)Y
IIENCHTEDWlSTAFFRPTCCJIF'b","y ". 1998
Enchanted Park Annexation
Staff Report
Page 25