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Council PKT 02-17-1998 Special/Regular ...... ...... I City of Federal Way City Council Meeting AGENDA CO UN CILMEMBERS Ron Gintz, Mayor Jeanne Burbidge Linda Kachmar Jack Dovey Michael Park Mary Gates Phil Watkins CITY MANAGER Kenneth E. Nyberg Office of the City Clerk I. II. III. I. II. III. '" IV. ** V. AGENDA FED ERAL WAY CITY CO UN CIL Council Chambers - City Hall February 17, 1998 ***** SPEC'IAL MEETING - 6:00 n.m. CALL MEETING TO ORDER EXECUTIVE SESSION LitigationlPursuant to RCW 42.30.110(1 )(i) ADJ 0 URNMENT ***** REGULAR MEETING - 7:00 p.m. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS a. b. Arts Commissioner Introduction/Certificate Human Services Commissioner Introductions/Certificates CITIZEN COMMENT (3 minute limit per person) CONSENT AGENDA a. b. MinuteslFebruary 3. 1998 Regular Meeting Nextel Communications Lease Agreement/Sacajawea Park ACC lnterlocal Amendment SWM Capital Facilities Plan Update 1996-99 Housing & Community Development Plan BPA Trail Corridor Phase n Acceptance & Retainage Release 1997 Asphalt Overlay Project Acceptance & Retainage Release 1997 Sidewalk Replacement Project Acceptance & Retainage Release over please. . . c. d. e. f g. h. VI. VII. VIII. IX. X. XI. 1. Military Rd So ISo 284th St. to So. 288th St Project Acceptance & Retajnage Release Resolution/Support of Test Program - Modifications to SeaTac Airport/So. Departure Route J. PUBLIC HEARING Enchanted Park Annexation & Concomitant Development Agreement a. b. Staff Presentati on Citizen Comment Council Deliberation Resolution/Accepting 60% Annexation Petition c. d. INTRODUCTION ORDINANCES a. Council Bill #190/ Adopting Development Regulations & Concomitant Development Agreement AN ORDINANCE OF TIlE CITY COUNCIL OF TIlE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING ZONING DEVELOPMENT REGUlATIONS APPLICABLE TO PROPERTY ZONED OP-4 AND LOCA1ED BETWEEN SR 161 (ENCHANTED PARKWAY), INTERSTA1E 5, MILTON ROAD SOU1H, SOU1H 369TH S1REET, AND 19TH WAY sourn~ AND APPROVING AND AU1HORIZING TIlE CITY MANAGER TO EXECUTE A CONCOMITANT DEVELOPMENT AGREEMENT. b. Council Bill #191/Enchanted Park Annexation AN ORDINANCE OF TIlE CITY COUNCIL OF TIlE CITY OF FEDERAL WAY, WASHINGTON, ANNEXING APPROXIMA 1EL Y 65 ACRES LOCA 1ED BETWEEN SR 161 (ENCHAN1ED PARKWAY), INTERSTA1E 5, MILTON ROAD SOU1H, SOU1H 369TH S1REET, AND 19TH WAY SOU1H. . CITY COUNCIL BUSINESS a. b. Council Committee Appointments (Mayor to present/no attachment) Economic Development Update (Verbal presentation/no attachment) CITY MANAGER REPORT CITY COUNCIL REPORTS ADJOURNMENT MEETING DATE: February 17, 1998 ITEM# ~C~) """"""""""""""""""""'"""""""".......................................................................................................................................................................... ................. CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: City Council Meeting Minutes ..................................................................................................................................-.............................................................""""""" """"""""""""""""""" CATEGORY: BUDGET IMPACT: .x CONSENT ORDINANCE _BUSINESS HEARING FYI _RESOLUTION STAFF REPORT _PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ......................................................................................................................................................,.........................................""""""" """"""""""""""""""" ATTACHMENTS: Meeting Minutes - Federal Way City Council Regular Mtg. - February 3, 1998. .........................................................""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""'"..................................,............. SUMMARYIBACKGROUND: Written minutes required by the Revised Code of Washington (RCW) ....................................................................................................................................................................................................... ............................................. CITY COUNCIL COMMITTEE RECOMMENDATION: Approval of minutes as presented. .................."............................................................................"""""""""""""""""""""""""""""""""""""""""""""'"....................................................... . /») I ^ ..~.~~~ ~~..~~~~~~~~~: ~~~::~.~~:~~:s..:~::.s.:t~~ .. ~ .a.~m. APPROVED FOR INCLUSION IN COUNCIL c&iu PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERREDINO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:\agenda.bil DRAFT FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall February 3, 1998 - 7:00 p.m. MINUTES I CALL MEETING TO ORDER Mayor Ron Gintz opened the regular meeting of the Federal Way City Council at 7: 10 p.m., in Council Chambers, City Hall, Federal Way, Washington. City Council present: Mayor Ron Gintz, Deputy Mayor Michael Park, Mary Gates, Jeanne Burbidge, Jack Dovey, Linda Kochmar and Phil Watkins. II PLEDGE OF ALLEGIANCE Councilmember Mary Gates led the flag salute. III PRESENTATIONS a. Black History Month Proclamation Councilmember Dovey read from the proclamation naming February as Black History Month and urging all citizens to recognize its importance. Diversity Commissioner Cynthia Hassen was present to accept the proclamation and said this sends a positive message that Afiican-American History is American History. She said Federal Way recognizes cultural diversity. This, in part, makes Federal Way a community for us all. b. SPIRIT Award/Month of February City Manager Nyberg read from the nomination form and announced Police Officer Curtis Tucker as the recipient of the SPIRIT Award for the month of February. Officer Tucker was recognized and nominated for the role he's played in forming the Police Explorer program which is designed to teach area youth about police work. The program also develops young people to their full potential and endeavors to ensure they mature into healthy young adults. Councilmember Watkins MOVED APPROVAL TO ADD COUNCIL BUSINESS ITEM B - APPROV AL OF CORRESPONDENCE TO KING COUNTY EXECUTIVE; second by Councilmember Gates. The motion carried as follows: CITY COUNCn.. REGULAR MEETING MINUTES - PAGE 2 Gates Park Watkins Kochmar yes yes yes yes Dovey Gintz Burbidge yes yes yes Deputy Mayor Park MOVED APPROVAL TO ADD COUNCIL BUSINESS ITEM D- CITY'S INTERIM OFFICIAL NEWSP APER!RESOLUTION; second by Councilmember Gates. The motion carried as follows: Gates Park Watkins Kochmar yes yes yes yes Dovey Gintz Burbidge yes yes yes Mayor Gintz MOVED APPROVAL TO ADD COUNCIL BUSINESS ITEM A- REPORT OF ECONOMIC DEVELOPMENT EXECUTIVE; second by Deputy Mayor Park. The motion carried as follows: Gates Park Watkins Kochmar yes yes yes yes Dovey Gintz Burbidge IV CITIZEN COMMENT yes yes yes George Lee asked City staff to look at the comer of3171h & 23rd Ave So. He stated the renovation has made the comer "terrible" and said, "it should be looked at." Rich Reese spoke in opposition to City efforts to assume Lakehaven Utility District. His remark to Council was "look before you leap." V CONSENT AGENDA Minutes/January 20. 1998. Regular Meeting Voucher/February 3. 1998 Monthly Financial ReportlDecember 1997 Skyhawks Sports Academy 1998 Contract ~ngton State Soft~res Association 1998 Contract Myers Master Lawn Care Contract Amendment a. b. c. d. e. f. " CITY COUNCIL REGULAR MEETING MINUTES - PAGE 3 g. h. Knutzen Family Theatre Mission Statement (Arts Commission) InternetIW eb Page Implementation Insurance Renewal 1. Councilmember Gates pulled item h. Councilmember Gates MOVED APPROVAL OF CONSENT AGENDA ITEMS A, B, C, D, E, F, G, I and J; second by Deputy Mayor Park. The motion carried as follows: Gates Park Watkins Kochmar yes yes yes yes Dovey Gintz Burbidge yes yes yes Item H: InternetIW eb Page Implementation Councilmembers Gates & Dovey expressed concern over the creation of City commission portions of the web page without input from commission members. They both spoke in support of allowing members an active involvement as it relates to input and content of specific information specific to their commission on the City's web page. With that understanding, and that being the consensus of Council, Councilmember Gates MOVED APPROVAL OF THE INTERNETIWEB PAGE IMPLEMENTATION (Item H), AS PRESENTED; second by Councilmember Dovey. The motion carried as follows: Gates Park Watkins Kochmar yes yes yes yes Dovey Gintz Burbidge yes yes yes VI CITY COUNCIL BUSINESS a. Report of Economic Development Executive - Debra Coates Ms. Coates reviewed many program goals and duties already completed thus far. Some of the highlights include, but are not limited to, attracting a regional market, creating a tangible marketing plan, creating a South [King] County Focus Group, connecting the City Center to the regional transit system, creating distinct districts, working with the Korean Chamber of Commerce and understanding their needs as a community, visual plans (including trees, lighting, etc.) for downtown core, and getting "broad" information out to businesses by February 27, 1998, as it relates to nonconforming signs. CITY COUNCIL REGULAR MEETING MINUTES - PAGE 4 Councilmember Watkins read from page 2 of the agreement with the Chamber of Commerce and stated Council had not received the "deliverables" mentioned therein. Ms. Coates had not received a copy of the contract until recently and was unaware of the February 1 due date. She informed Council she would have deliverables to them for review before the February 17 Council meeting. b. Approval of Correspondence to King County Executive Councilmember Watkins briefly spoke in support of correspondence to King County Executive Ron Sims. The letter expresses support for King County's efforts to implement the adopted Six- Year Transit Development Plan for 1996-2001. The Council closely followed the development of the South King County Sounding Board recommendations and supports their efforts to improve local and inter-community transit service in South King County with specifically outlined minor modifications. Councilmember Watkins MOVED APPROVAL OF THE LETTER FROM THE CITY TO THE KING COUNTY EXECUTIVE; second by Councilmember Gates. The motion carried as follows: Gates Park Watkins Kochmar yes yes yes yes Dovey Gintz Burbidge yes yes yes c. Human Services Commission Appointments Councilmember Dovey MOVED APPROVAL TO APPOINT THE FOLLOWING TO THREE YEAR TERMS: Diane Cook. Eric Olsen and Ken Johnson; AND AS ALTERNATE, Richard Bye; second by Councilmember Gates. The motion carried as follows: Gates Park Watkins Kochmar yes yes yes yes Dovey Gintz Burbidge yes yes yes d. City's "Interim" Official NewspaperlResolution APPROVED RESOLUTION #98-265 The City of Federal Way is in need of an "interim" official newspaper to be utilized until the City can review proposals and select an official newspaper. The resolution names The News Tribune. CITY COUNCIL REGULAR MEETING MINUTES - PAGE 5 Deputy Mayor Park MOVED AFPROV AL OF THE RESOLUTION, AS PRESENTED; second by Councilmember Gates. The motion carried as follows: Gates Park Watkins Kochmar yes yes yes yes Dovey Gintz Burbidge yes yes yes VII CITY MANAGER REPORT City Manager Nyberg reminded Council of the newly created Staff Action Referral which will be prepared at each Council meeting and distributed thereafter to key staff. Said form will be used as an assignment & reminder to staff of issues raised during the citizen comment portion of all regular City Council meetings. He informed Council their retreat summary was available in their boxes within the Council office. He noted the City/Lakehaven Liaison Committee meeting is scheduled for February 19 @ 7:30 a.m. VIII CITY COUNCIL REPORTS Councilmember Gates spoke on the numerous regional meetings she's attend and been involved with including, but not limited to, the Suburban Cities Legislative Committee, Regional Transit Authority, Regional Transit Committee, etc. Councilmember Kochmar thanked her fellow councilmembers for being "gracious" and having "patience" with her being a newly elected Councilmember. She announced her recent attendance, with Councilmember Watkins, of an ACC meeting. Deputy Mayor Park announced an A WC Legislative City Committee meeting scheduled on February 5, at 7:30 - 9:00 a.m. Councilmember Dovey announced the next Parks, Recreation, Public Safety & Human Services Committee is scheduled on February 9 at 12:00 p.m. Councilmember Watkins announced the next Land Use/Transportation Committee regular meeting is set on March 2 at 5:30 p.m. CITY COUNCIL REGULAR MEETING MINUTES - PAGE 6 Councilmember Burbidge thanked the Council and staff for their support since her election to the Council. She noted special thanks to A WC and Suburban Cities for their information and workshops. Finally, she noted a February 12 Regional Water Quality meeting. Mayor Gintz reported on regional committee issues. Mayor Gintz recessed the regular meeting at 7:53 p.m. to begin executive session. IX EXECUTIVE SESSI ON a. b. LitigationlPursuant to RCW 42.30. 1 1O(1)(i) Property AcquisitionlPursuant to RCW 42.30. 110(1)(b) At 8:25 p.m., Deputy City Manager Keightley announced: 15 additional minutes were necessary. At 8:40 p.m., City Manager Nyberg announced :20 additional minutes were necessary. At 9:00 p.m., Council returned and Mayor Gintz reconvened the regular meeting. As part of the traffic improvements resulting trom the 1995 voter-approved bond issue, the following motions were made. Councilmember Burbidge MOVED AFPROV AL TO DIRECT AND AUTHORIZE THE CITY MANAGER TO CLOSE THE ACQUISITION OF CERTAIN REAL PROPERTY REQUIRED BY THE CITY IN CONNECTION WITH THE STREET WIDENING PROJECT AT S. 312111 STREET EAST OF IDGHW A Y 99, PURSUANT TO THE TERMS OF A CERTAIN REAL ESTATE PURCHASE AND SALE AGREEMENT DATED DECEMBER 18, 1997, BETWEEN THE CITY, AS PURCHASER, AND FEDERAL WAY INTERNATIONAL INVESTMENT COMPANY, LLC, AS SELLER, COVERING CERTAIN REAL PROPERTY LOCATED AT 1634 S. 312111 STREET, FEDERAL WAY, WASIDNGTON, FOR A PURCHASE PRICE OF $10,600.00; second by Councilmember Gates. The motion carried as follows: Gates Park Watkins Kochmar yes yes yes yes Dovey Gintz Burbidge yes yes yes Councilmember Kochmar MOVED AFPROV AL TO DIRECT AND AUTHORIZE THE CITY MANAGER TO CLOSE THE ACQUISITION OF CERTAIN REAL PROPERTY REQUIRED BY THE CITY IN CONNECTION WITH THE STREET WIDENING PROJECT AT S. 312m STREET EAST OF IDGHW A Y 99, PURSUANT TO THE TERMS OF A CERTAIN REAL ESTATE PURCHASE AND SALE AGREEMENT DATED DECEMBER 18, 1997, CITY COUNCIL REGULAR MEETING MINUTES - PAGE 7 BETWEEN THE CITY, AS PURCHASER, AND FRED E. WILSON AND FRANCES M. WILSON, HUSBAND AND WIFE, AS SELLER, COVERING CERTAIN REAL PROPERTY LOCATED AT 2030 S. 312TH STREET, FEDERAL WAY, WASlllNGTON, FORA PURCHASE PRICE OF $4,700.00; second by Deputy Mayor Park. The motion carried as follows: Gates Park Watkins Kochmar yes yes yes yes Dovey Gintz Burbidge yes yes yes Councilmember Burbidge MOVED APPROY AL TO DIRECT AND AUTHORIZE THE CITY MANAGER TO CLOSE THE ACQUISITION OF AN EASEMENT REQUIRED BY THE CITY IN CONNECTION WITH THE STREET WIDENING PROJECT AT S. 312TH STREET EAST OF HIGHWAY 99, PURSUANT TO THE TERMS OF A CERTAIN EASEMENT PURCHASE AND SALE AGREEMENT DATED DECEMBER 18, 1997, BETWEEN THE CITY, AS PURCHASER, AND FEDERAL WAY APARTMENTS, INC., AS SELLER, COVERING CERTAIN REAL PROPERTY LOCATED AT 31224 20TH AVE. S., FEDERAL WAY, WASlllNGTON, FOR A PURCHASE PRICE OF $11,500.00; second by Deputy Mayor Park. The motion carried as follows: Gates Park Watkins Kochmar yes yes yes yes Dovey Gintz Burbidge yes yes yes Councilmember Kochmar MOVED APPROY AL TO DIRECT AND AUTHORIZE THE CITY MANAGER TO CLOSE THE ACQUISITION OF CERTAIN REAL PROPERTY REQUIRED BY THE CITY IN CONNECTION WITH THE STREET WIDENING PROJECT AT S. 312TH STREET EAST OF HIGHWAY 99, PURSUANT TO THE TERMS OF A CERTAIN REAL ESTATE PURCHASE AND SALE AGREEMENT DATED JANUARY 28, 1998, BETWEEN THE CITY, AS PURCHASER, AND RANDALL L. MARRIOTT, AS SELLER, COVERING CERTAIN REAL PROPERTY LOCATED AT 2214 S. 312TH STREET, FEDERAL WAY, W ASlllNGTON, FOR A PURCHASE PRICE OF $25,400.00; second by Councilmember Gates. The motion carried as follows: Gates Park Watkins Kochmar yes yes yes yes Dovey Gintz Burbidge yes yes yes CITY COUNCIL REGULAR MEETING MINUTES - PAGE 8 x ADJOURNMENT Having no other business to come before the Council, Mayor Gintz adjourned the regular meeting at 9:05 p.m. Robert H. Baker Deputy City Clerk MEETING DATE: February 17, 1998 ITEM# -:¡c- a j .........................................,.............."""""""""'.............................."..............................................................,.......""""""""""""""""""""""""""'""""" """"""""'" CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Wireless Telecommunications Lease Agreement/Sacajawea Park """","""""""""""""""""""""""""""'.........................................,..........................................................................,"""""""""""..............................,....... ..............,... CATEGORY: BUDGET IMP ACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ """""""""""""""""""""""""""""""""""""""""""""""'"........................................................................".........................................................................,... ........... A TT ACHMENTS: Parks, Recreation, Public Safety and Human Services Council Committee action form dated ........................................................~ ~ ~.~~.~:t ~!...~ .~?~~. ~:.~ ~ .~:!:l.~.~..~~.~:.~.~:.~!.................................................................................... ......................... ............,... SUMMARY/BACKGROUND: On October 12, 1997, the Parks and Recreation Council Committee directed staff to begin negotiations for a lease agreement with Nextel Communications for a telecommunications facility at Sacajawea Park. Nextel's proposal includes leasing two (2) existing light standards and the vacant concessions building. On February 12, 1998, staff presented to committee a draft lease agreement for approval. Conditions of the lease reviewed included the following: I. Option to Lease: Term of Lease: $3,600 signing fee for option to lease. Five (5) year term with the right to extend the term for three (3) successive five (5) year terms. City shall have the right to terminate this agreement during the third renewal tenTI. 2. Utilities: Nextel to bring in necessary telco to service their facility. Nextel shall have the right to draw electricity from the existing utilities by means of setting an electrical deduct meter and paying the City an additional $100 per month. 3. Rent: $600 per month ($7,200 annually). Rent shall be increased four percent (4%) annually throughout the term and any renewals. 4. Assie.nments and Subletting: Lessee shall not sublease facilities without City's consent and any sharing of revenues shall be negotiated between the lessee and the City. 5. Other: Nextel to provide new metal roofs to the concession and restroom buildings. Provide six (6) standard ESMR mobile phones. Staff did inform committee that negotiations on the term of lease and rent were still being conducted. On February 10, Nextel's representative agreed to an increased rent of $975 per month ($11,700 annually), with a four percent annual increase throughout the term and any renewals. This is in exchange for the City's agreeing to strike "City shall have the right to terminate this agreement during the third renewal period." ..............................................................................................."...."""""""""""""""""""""""""""""""""""""""""""""""""""................................................ ..."... CITY COUNCIL COMMITTEE RECOMMENDATION: On February 9, 1998, the Parks, Recreation, Human Services and Public Safety Council Committee passed a motion to approve the draft agreement as amended by committee and the Law Department and forward to full Council. A second motion was passed to amend the original motion adding that all revenues received from the lease are to be receipted into the Parks and Recreation Department budget and not the general fund. """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""'"..............................................................".. ......................................................,.............. ....................................................."............................ ............................................................................ CITY MANAGER RECOMMENDATION: ~ """"""""""""""""""""""""""""""""""""""""""""""""""'"........................................................................"................................................................... APPROVED FOR INCLUSION IN COUNOL P ACKET:{fðþ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED _DENIED _TABLED/DEFERREDINO ACTION COUNOL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:\COVERCc.S/14/96 CITY OF FEDERAL WAY Item SA CITY COUNCIL PARKS, RECREATION, PUBLIC SAFETY AND HUMAN SERVICES COMMITTEE Date: From: Subject: February 2, 1998 Jennifer Schroder, Director Parks, Recreation and Cultural Services Department Wireless Telecommunications Lease Agreement/Sacajawea Park Back¡round: On October 13, 1997, the Parks and Recreation Council Committee directed staff to begin negotiations for a lease agreement with Nextel Communications for a telecommunications facility at Sacajawea Park. Nextel's proposal involves leasing two (2) existing light standards and the vacant concessions building at Sacajawea Park for the purpose of a telecommunication facility. On November 12, 1997, staff presented to committee a draft lease agreement for approval. The committee moved to approve the draft agreement as amended by the committee and Law Department and forward to full Council. Since November, Nextel and the City have proposed additional changes that warrant the committee's review of the draft agreement prior to requesting Council approval on February 17, 1998. Attached is the draft agreement between the City and Nextel for a communication site lease agreement. Some of the conditions of the lease are as follows: 2. 1. Option to Lease: Term of Lease: $3,600 signing fee for option to lease. Five (5) year term with the right to extend the term for three (3) successive five (5) year terms. City shall have the right to terminate this agreement during the third renewal term. Utilities: Nextel to bring in necessary telco to service their facility. Nextel shall have the right to draw electricity ftom the existing utilities by means of setting an electrical deduct meter and paying the City an additional $100 per month. 3. &mt: $600 per month ($7,200 annually). Rental shall be increased four percent (4%) annually throughout the term and any renewals. 4. Assignments and Subletting: Lessee shall not sublease facilities without City's consent and any sharing of revenues shall be negotiated between the lessee and the City. 5. Other: Nextel to provide new metal roofs to the concession and restroom buildings. Provide six (6) standard ESMR mobile phones. Final reviews oftlús draft agreement by Nextel and the City will be completed prior to your meeting on February 9, 1998. Parks, Recreation, Public Safety and Human Services Council Committee February 2, 1998 Page Two " Committee Options: 1. Motion to approve draft agreement as presented and forward to full Council for approval. 2. Motion to approve draft agreement as amended by Committee and Law Department and forward to full Council. 3. Motion to authorize staff to continue negotiations. f'r\O-t1C>tì --to CLI"()€nd Or-iqìlìo.-\ mDT-ion Qdci\'ìg -HìCt:t a..u í(~ve.J')Lt~J rec..eived -+r-ofY1 \eD..>e.. 4:'D b~ rec..eip-+ed irytD ~K-5 't- t<¿crr¿CLi-¡'Of) bu..ct3Q.--t I nOt +,,~ !jd-nQrQL tu..nd APPROVAL OF COM'MITTEE REPORT: Option No. ;J/ ~ .~j ~ -~~-uLy-J Committee l\fember , / 02'1,1/98 WED 16: 19 FAX 206 298 'gS83 D GARVEY CORP 206 298 9583 IaI 027/042 Pacific Nor1hwest Market Site Nrunc: RcdoudolSacajawca Site Number: WAO226-t COMMONTCA T[ON!oì SITE, LEASE AGREEMENT (Washington) This Communications Site Lease Agreement ("Agrcemcnt:lI) is entered into this - day of , 1998, between Nate! West Corp.. a Deb.w2!r'C eorporation, dba Nate. Communications ("Lessee"), and the City of Feder:a1 Way, a municipal 't'orpora.OOQ ("Lessor"). , For good and valuable con.s¥1èration the ~ipt and sufficiency of which is hereby acknowledged, the parties here:to agree as follows: . I, P~mi5~. Lessor is the owner of a parccl of land (the "Land") including tWo (2) light standards and a concession building (the .. Site") loolltcd in the: City of Federal Way, County of King, State of Wasmngton, more commonly known as Sacajawea Park, 1600 SW Dash Point Road, Federal Way, Washington 98003, (the Site and Land arc co11cctively, the "Property"). The Land is more particularly dc:scn"bed in Exhl"bit A attached hereto. Lessor hereby leases to Lessee and Lessee leases from l.ess9r, approximately ninety (90) square feet of space inside the concession building and space on the light standards and all access and utility easements, if any, (collectively, the "Premises") as described in Exhibit B atmched hereto. . ,,> 2. J!&. Lessor hereby leases ~ol1~I1L..iveIy to Lessee; the Premises, which may be used by Lessee solely for the pUlpose of installing and opcn:ting the F~,~ more parti.cu1arly described in provision 6 below and depicted in Exhibit B of this Agrccmcnt. ~ agree.<;,~ I.:OOperate with Lessee, at Lessee's expense, in making application for and obtaining all licenses, pc:mùt.s and my and all other nccessaty approvals that may be required for Lessee's intended use of the PrèmÌses. Slid Ç:QOperatioþ. sha11 in no way infer any special consideration or deviation from the land use and building CODStnlCnon permit approval process of thc: City of Federal Way that is applicable to the intended use of ~ Premises by Lessee. . -, 3, Tests Rnd ConrtMlcôon. Lessee sha1l have the right at any time following the full execution of this Agreement, after reasonable notice to Lessor, to enter upon the Property for the purpose of making appropriate engineering and boundary surveys, inspections, soil test borings, other reasonably necessary tests. Lessee shall not commence construction of the Lessee Fa¡;llitics until the commencement date of this Agreement and upon issuance of all necessary licenses, PcmUts, and any other JlC('r"'1'Y approvals (as defined in Paragraph 6(a) below). A portion:. of Lessee's construction scope of work shall include replacement of Lessor's roofs in the concession builcüni where Lessee's radio equipment will be located, as well as the nearby park restroom building, generally depicted on the attached Exhibit B. Lessor shall receive and approve ~1 construction drawings; approval shall not be unreasonably withheld or delaY,?d, 4. Option to LC2se: Term nfJ:t.Wi. L~l' grantS to Lessee an option (the" Option") to lease the Premises, provided Lessee delivers to Less,or~ no'ticc that the le..~ shaUcomm~l".e the lancr of the da.te of the notice or a date certain specified in the uodcli (PComm~t Date"), whidl date shall be not later than November 1, 1998 (the "Expiration Dare"). Upon-1. f~~l~e to deliver such notice cn or before the Expiration Date, this Agreement shall stand terminated. As consideration for the Opti<ß1, Lessee shan pay the sum of "Three Thousand Six. Hundred and 00/100 DOLLARS ($3,600.00) fo:' each six month period (or fractional part thereof), from the date of this Agreement to the Commencement Datc. The tcnn of the Lease shall be five (5) years commencing on the Commencement Date and terminating on the fifth (5th) ~versë1I}' of the Commencement Date (the "Tenn") unless otherwise terminated as provided in Paragraph 10. ~ec shall have the right to extend the Term for three (3) successive five (5) year periods (the "Renewal Tcnns") on"thc same ~ and conditions as set forth herein. The Lessor shall also have the right to tenninate this ~t if the Federal Communications Conunission (FCC) requites the Lessor to gráIlt similar leases to other tc:lecoD1inunications providers pursw.nt to the FCC Act. This A81"I0U10!1t sh.t1 ~utcmati;;Uy b~ ""umd~d tor each s~ive Renewal Term unless Lessee notifies Lessor of its intention not to renew prior to COl111ncncemGl't offhc succa:ding Renewal Tcnn. " Page 1 September 1997 V!T1 01/\0191 , 02/1~/98 WED 16: 19 FAX 206 298 9583 D GARVEY CORP 206 298 9583 IaJ 028/042 I, P;açifiç NonhWl:$t Markct Site Name: RcdondolS~çaja"'oa Site Number: WAO226.1 5. Rent- (a) Within fifteen (15) days of th£ Com'TIencement Date and on the first day of each month thereafter. Lessee shall pay to Lessor as rent Nine Hundred Seventy Five and 00/100 DOLLARS ($975.00) per month ("Rent"). Rent for any fractional month at the beginning or at the end of the Term or RenewaLTeIt11 sball be pror<úed. Rent &hall be payable to Lessor at 33530 1& Way South, Federal Way, Wa¡hington 98003; Áttention: City Treasurer. ' (b) Lessee shall submit to Lessor a Security Deposit as set forth in Section 5 of this Agreement, in an amount equal to fivc (5) months' rent, the sum of Three Thousand and 00/100 Dollars (S3,Ooo.00). which shall be refimded at the termination of this Agreement if Lessee is not in default of the Lease. In the evcnt Lessee fails to pay rent or other charges when due, cUte pcriod.c; considc:rcd, Lessor shall deduct such amount from the security deposit, and Lessee agrees to imJnCIJjzûely ref.md to L:ssor any such deduction from the security deposit. (c) The rent provided fó:dn Paragniph Sea) shaUbc increased by four percent (4%) per year throughout the initial Lease tam. and any R.C:ri~wal TenD, Rt:nt sball be negotiated between Lessor and Lessee prior to the subsequent Renewal Teun comm.encing based uron tb.e then market rate for similar telecommunications facilities in the surrounding area. (d) AdditIòna1 Consideo-nO11. (i) At. il.dditional consideration for this Agreement, within thirty (30) days fo Uowing the Comm.encement Date and continuous radio o~tions from the Sire, Nexrel shall provide Le.s£Or with six (6) Standard ESMR mobile phones (specifIC model to bc'determincd by Ncxtel). Ncxtcl shall not be respoIl51èle for any service charges for such phones. including but not limited to installation, activation, access, aÏr time, long distance and toU charges associated with the use of said phones, which shall be the sole respOtW'bility of the Lessor. Lessor shall refer solely to the manufacturer of such telephones, and not Nextcl, for the: con of any necessary telephone repair or replacc:ment 6. Facilities: Utilities: Access, (a) Lessee bas the rigU\.p'erect, r=1::iflt)jn end operateìhe Lessee Facilities, as defined herejn; within a one huqdred (100) square foot area~ the not1Jlwclžt portion Pr the Premises for purposes of radio communications, including underground telephone l~s, coma} cable and clectric411 power, transmission lines, with air conditioning equipment, a standby power gcnC{~ for Lesscc's exclusive ~ ~o elcçtronic equipment housed inside n portion of the park concession building at this loc::ation. and' five (5) radio transmitting and receiving anœnn.as and supporting equipment, and structnl~ ,attached to two (2) light pole standards, as dcscnèed in sections 1 and 2 and depicted in Exhibit B attached to ~s Agreement. Les~~e acknowledges that this fully idenúfies the Lessee Facilities. No additional equipment or antennas &ball be added to the J..essee Facilities without the prior written approval of Lessor, including any rent adjustJJlCJttto ~Airecmcut. Lessee further agrees to monitor th£ Lessee Facilities for fire, smoke; intrusion, and A/C power fuilur~,_"þy Lessee's 24-hour electronic surveillance system. In connection therewith, Lessee has the right to do all wo4:necessary to prepare, and maintain the Premises for Lessee's business operations and to install fI1In,.miscinn lines connecting the antennas to the: transmitters and receivers, after reasonable notice to Lèssor. AU of Lessee's construction and insta1lation work shall be performed at L&.Ssee's sole cost and expense ~~ in a good. an4 worhnSln1i1cr-.. manner, as determined by Lessor. Lessee shall submit to Lessor a structural ana1Ys~' demonsti'atù1g the WÜ1d and load capacity of the light sWldards for Lessee s Facilities. Lessee shall also s~,.,å ~ns~tio,,~schedule,to Lessor for Lessor's approval, which approval shall not be reasonably delayed or w;ï;þ~eld., . Tiije to the Lessee Facilities shall be held by Lessee. All of Lessee Facilities shall remain LesS'".{!'~ pe~ç~ prop~!ty and Ul'"'.. nodixturc:s. Lessee shall remove all Lessee Facilities at its sole expense on or before the cxp~tion or c:arlia temùna.tion of the Agreement provided Lessee repairs any damage to the Premises cawed bY:.~.JCh removal, restoI'ÍD8 -~ Premises to its pre-Agreement condition, nonnal wear and tear excepted. Lessee acknowledges that thc removal of the Lessee Facilities does not include removal of ¡my portion of the concession building or light pole s~ Pa¡¡c 2 Scpt.cmbcr t 997 VO7 02llMli 02/11/98 WED 16:20 FAX 206 298\'9583 D GARVEY CORP t 206298 9583 IaI 029/042 ,'" f<, Pllcific North_t Market Site NBmC: RcdondolSac:ajawca SilC Nlunbcr. WA.0226-1 r (b) Lcs.scc shall pay for the electricity it con.~:nm~" in its operations at the rate charged by the servicing utility company. Lessee shall have the righI to draw electriCity and other utilities from the existing utilities on the Property by means of setting an electrical deduct meter attþ.~Lessee Facilities wherejn Lessee shall pay to Lessor as additional consideration the mm of One Hundred and oo/lOO DOIl.ARS ($100.00) per month for the ri~t to draw electricity from l.es$ors exüting electrical sc¡vicc on the property; except that Lessor sball hayc the right to increase this monthly amount; and Lessee agrees to pay the increase in the event the servicing elëctric company increases its rates during the Tam (3) of this Agtccmcnt. Lessee shan also have the right to use a standby power gcnCDI.tor on the Property. Lessor agrees to sIgn such docuinents or easements as may be required by said utility companies to provide such service ~ the ~ inclntiing the grant to Lessee or to the servicing utility company at no cost to the Lessee, of an casement in, over across or through tlæ Land as rcquired by such Se:IVicing utility company to provide utility setvices, ,as provided herein so long as such grant of easement does not interfere with Lessor's use of the Premises. Lessee sba1l release and bold harmless Lessor for any intermption in setVice while drawing electricity from Lessor's serVice, as long as Lessor. àfter sufficient notice by Lessee, makes a diligent effort to restore power to the Premises by, means of requesting the electric company to restore said service on behalf of Lessee durin¿; a power outage. Lessee agrees to obtain sep~ utility service for the Lessee Facilities in the event Lessor notifies Lessee during the ten:n' of the lease. io.cWA11'1g renewal periods, of its own need for additional elecaical power. '0 ;, (c) Lessee, Lessee's employees, agentS, s~ lenders and invitees shall have access to the Premises without notice to Lessor tWenty-four (24) hours a day, seven (7) days a wccJc. at no charge. Lessor grants to Lessee, and its agents) employees, contractors, guests and invitees, a non-exclusive right and easement for pedestrian and vehicular ingress and egress across that portion oftbc Land described in Exhibit B. (d) Lessor shall maintUIt an access' rOadways from the nearest public roadway to the Premises Ûl a manner sufficient to allow pedestrian and vehicular access at aU times under normal weather conditions. Lessor shall be responsible for maintaining and rCp~ such roadway, at its sole expense. except for any damage caused by Lessee's use of such roadways. ' j (e) Lessee shall at all tim~ throughout the Term of this Agreement and any subsequent Renewal Term(s) maintain the Lc:ssee Facilities in a stitc of good rcpaÌr.as ~ed by 1hc Lessor unless so affcctx:d by dcstmction or conA'""V""tion, or acts of God. rn the event any such destruction or CODLÙ!Il1nation or acts of God occur, then the terms and coJÎditions set forth in Para¡raph II shall prevail. ,.,' 7. In~errerence. (a) Lessee shall operate the Lessee Fa.c.i1itics in amamu::r that will not cause interference to Lessor and other lessees or licensees ofthc:'Prnpc:rty, provjded tœt theiÍ' installations predate that of the Lessee Facilities. AU operations by Lessee shall be in co~liancc with. all Federal Communications Commission ("FCC") requirements. The Lessee agrees to indemnify,'~ City of F¿dem1 War, for all actions brought by other telecommunications providers in relationship to the ~uting or use, of the Agreement. (b) Subsequent to the inSœuation of the Lessee Facilities, Lessor sball not permit itself, its lessees or licensees to install new equipmcntqn the Property if such equipment is likely to cause interference wjth Lessee's operations. Should such interference be alleged by Lessee. Lessee shall provide to Lessor proof that interference is inluòiting Lessee's use of the site. Such interference shall be deemed a material breach by Lessor. In the event interference occurs, Lessor agrees to take all action ncccssary to eliminate such intafcrcncc, in a reasonable time period. In the event Lessor faits to cClmply with this parágràph, Lessee may teIII1iœte this Agreement which shall be Lessee's sole remedy under this AgreemcDt .' . (c) Lessce aclcnowledges that the City of Federal. Way land use code pertaining to telecommunications facilities provides for potential collocation at a given" cell site." Lessor acknowledges that Lessee shall comply p;¡ge 3 September 1997 Yo' OVlal9tl 02/1~/98 WED 16:21 FAX 206 298 9583 D GARVEY CORP 206 298 9583 ~ 030/042 \ P~Qfic NorthweSt Market Site Name: Rc<IoncIoISacajawca Site Number: WAO226.1 with said ordinances, provided t1W; any PQten~l collocation poses no interference to Lessee, as set forth in Paragraph 7(b) above. I " ' , , \ 8. Taus. If personal prope#y taxes ke asse.ssed, Lessee shall pay any portion of such taxc.!: directly ataibutable to the Lessee Facilities; Lessor shall pay all real property taxeS. ass~~WI~~ and deferred taxes on the Property. Lessee shall be solely responsible for the payment of any taxc.i imposed by any lawful jQrisdiction as a result of the performance and payment of this Agreement; including, but not limited to, Leasehold Exëise Tax. 9. W:aiver of Lessol"'s J~ien. (a) Lessor waives any lien rights it may have C;OJK'-"'"Img the Lessee Facilities which are deemed Lessee's personal property and not fixtures, and Lcsscc has the right to remove the same at any time without Lessors consent. (b) Lessor acknowledges thatLesscc has entered into a financing ammgcmcnt including promissory DOtes and M;¡n':w and security ag¡:=ncnu ~,tJu:,fin,.nr.j~g oftbcLcssœ Facilities (the "Collatexal") with a third party financing entity (and may ixlfucfuture atì:r intO 'additional financing anangcments with other financing entities). In connection therewith., Lessor (i) çonsènts to the iDstalla'cion of the Collateral; (ii) disclaims any interest in the Col1aten.l, as fixtures or. ~~CIwi&c; ai1d (ill) agred that the Collateral shall be exempt Crom execution, foreclosure. sale, levy, atta.clm1œt;. C,)! distreSS for any Rœt due or to become due and that such Collateral may be removed at any time without reco~to legal proceedings. (c) In lieu of Lessor's ~j.¡r to place a 1ieo(s) on Lessee: Facilities during the Tcnn of this Agreement and any subsequent Renewal Term(s), Lessee shall submit to ~or a Security Deposit as set forth in Section 5 of this Agreement 10. Termin!lltio~ (a) This Agreement may be terminated without further liability on tb.i.rty (30) days prior written notice as foHows: (i) by either party upon a default of any covenant ,or tenn hereof by the other party, which default is not cured,within sixty (60) days of rc:cç:Ïpt of written rotice of default, provided that the grace period for any monetary default)s ten (10) days from reC'AÍptofnotic~f or (iì) by Lessee for any reason or for DO reason, provided Lessee ... .. 0 ,0... .. delivers written notice of early tami<latiçnto l.essÒt no l~thm thirty (30) days prior to the Commencement Date; or (m) by Lessee if it doc.s n~~t :<?~tain or:;~tain ùy, license, ~crm:it or other approval necessary for the construction and operation of LeJ~}~ Faciliq'M; or (iv) by Lessee if Lessee is unable to occupy and utilize the Premises due to an action of the"Fcc, including without limitation. a take back of channels or change in frequc:ucies; or (v) by Lessee if I¡ssee determines that the Premises are not appropriate for its operarions for cconoDÚc or technological reasons~. including, without limitation. signal interference; or (vi) by Lessor if Lessee fails to comply with an applicable f~, stab; and city laws, including, without limitation. all city codes, ordinances, resolutions. standards and policies as now existing or hereafter adopted or amended, including, without limitation, aU requirements of the FCC and the FAA. Lessee shall comply with applicable land use codes as they pertain to collocation requirements. A failure by Lessee to. comply with all laws shall be grounds for immediate termination of the Agreement by the Lessor. Should at any time the Lessor file for bankruptcy, the Lessor may terminate the Agreement. 11. Destruction or Condemnatwl.. I{tilJ: .f!"emiscs ~;ks5ee Facilities are damaged, destroyed, condemned or transferred in lieu of CO'3drrw>lItiO;l', LêS5ee u~r "JI~,t to1brmJnate this Agreement as of the date of the damage, destruction, condemnation or ìu.1L.,.h:/ úllieu I)f ~ndemnàtiÒn by giving notice to Lessor no DlOl"C thaJi forty.five (45) days following the dÌitc o(ï~4h dam.ag~ dcs1ro~on, condemnation or transfer in lieu of condemnation; providing, however, that should L~~ elect orb teIminate this Agreement under said tenns and conditions, Lessee shall remove all Lessee Facilities, ~~'provided for in Paragraph 6(a) above. If Lessee chooses not to terminate this Agreement, Rent shall be reducc<L9.C abated in propoItÍOD; to the actual reduction or abataDcnt of use of the: Page 4 September 1997 VO7 CWlo.'l/B 02/~1/98 WED 16:21 FAX 206 298 ¡~'583 D GARVEY coRP.! 206 298 9583 IãJ 031/042 Pacific Northwest Market Sire Name: ~ondolSacajawca , Sit~Number: WAO226-1 Ptcmiscs, providing that Lessee complies with the repair provisions for the Lessee Facilities as provided for in Paragtaph 6(&:) andPangrapb 16. ' ' .. 1,1, ',' 12. msursnee. lÆssee, at ~~5 sole ço~f¡uut cxp~, shall procure and maintain on the Premises and on the Lessee Facilities, bodily iIúurY ari~:p~operty drunag,c ÌJ1SUI3J1CC with a combined single limit of at least One Million and 001100 DOLLARS ($l,OOO,oþ~~!O) þa: ~CDCe. Such insunnce shall insure, on an oçcurrenc~ basis, against liability of Lessee, its employees ~agents aiising, out of ar;in connection with Lessee's use of the Premises, all as provided for herein. Lessor, at ~~r'S'Sole cost and cxp~ sba11 procure and maintain on the Property, bodily injury and propeny damage ÎDSunmk'with 1i combined single;liDÙt of at least One Million Dollars (SI,ooo,ooO) per occurrence. Such insurancc sbà11júsure, on an oCCUllenc~ basis. against liability of Lessor, its employees and agents arising out of or in connecnoli with Lessor's use, occupancy and maintenance of the Property. Each party shall be named as an additional insured on the other's po]icÿ. Each patty shall provide to the other a certificate of insurance evidencing the coverage required by this paragraph,within thirty (30) days of the Commencement Date. 13. Waiver of S1lhr()~atirot. Lessor and Lessec r~each other and their respective principals, employees, representadves and agcnES, £rom any claims for damage to any person or to the Premises or to the Lessee Facilities thereon caused by, or that œsuIt, from, risks insured againstundcr any ÍDSu.raI1Ce policies carried by the parties and in force at the time of any suçh daplage. Lessor aí1d Lessee 'shall cause each insurance policy obminc:d by them to provide that the insurance comp~}r waives "~~ ~gb.t of¡\.~ve¡y by way of subrogation agaÍI\st the other in connection with any damage cov~:by: any P9liq'~ Nei~~ LeSSQf nor Lessee shall be liable to the other for any damage caused by fire or any of~~'risks'ins~ against under any insurance policy required by Paragraph 12. t" " 14. ASsitnment and sublettíni~:;Lessee ~y not1a.ss~'or otherwise transfer all or any part Qf its interest in this Agreement or in the Premises ~~out the prior written çonsent of Lessor; provided, however, that Lessee may assign its interest to its parent company, any subsidiary or affiliate: of it or its parent company or to any successor-in- interest or entity acquiring fifty-:;onc percent (51 %) or more ,of its stock or assets. subject to any financing entity's interest:. ifany, in this Agreement as set forth in Paragraph5) above. Lessor may as&ign this Agteem.ent upon written notice to Lessee. subject to the a.ss~ee a.ssumin2 aU of Lessor's obligations herein. including but not limited to, those set forth in Paragraph 9 above. NotWithstanding anytÞiD8 to the contrary contained in this Agrecm.cnt, Lessee may assign. mortgage, pledge, hypothecate or othawise tßnsfe:r without consent its interest in this Agreement to any financing entity, or agent on behalf of any fiDancingentity to whom Lessee (i) has obligations for borrowed money~or in respect of guaranties thereof, (ii) bas obliganåns evidenced by bonds, debentUres, notes or similar instruments, or (ill) has obligatioJ?s unda or with respect to letters of credit. bankers acceptances and similar facilities or in respect of guatanties,~1¡1¡.ereof. .", ' '.tt; .' , ' , ' Lessee shall not sublease fDe¡~ee F~ilities without prior written consent from Lessor, which consent may bc conditioned, among other thirigs, by the sharing of revenues. IS, WarrantY of'Title and Oui~~ ~l1joymmt. Lessor vÄmnts that: (i) Lessor owns the Property in fee simple and has rights of access thereto.~sorshall wamnt, th2.t the Property is ûee and clear of aU liens, encumbrances and restrictions, upon receiving a current title report from Lessee for irs review evidencing this as the correct disposition of said property; (ü) Lessor has full right tomakc and pcrfonn this Agreement; and (iii) Lessor covenants and agrcc5 with Lessee that upon Lessee paying the Rent and observing and performing all the terms, covenants and conditions on Lessee's part to be observed aDd performed. Lessee may peacefully and quietly enjoy the Premises. Lessee acknowledges the applicable land use ordinancc of the City of Fcdc:ral Way that pertains to collocation, which is referred to in Paragraph 7 above. 16, Rcp2i~. Lessee shall nor be required 1:0 maJc:e an~ repairs 1:0 the Premises or Property unless such repairs shall be neccssitatx:d by reason of the. default or n~glect of Lessee, its agents, employees or invitees, as determined by the City of Federal Way. LeS5et' shall be requirêd to uWœ aU necessary repairs to the Lessee Facilities. Except as ~t forth in Paragraphs 6(a), 6(e),8nd 11 aþ'ove, upon expiration or termination hereof, Lessee shall restore the Premises to the condition in whicà.,it aistcd uPon c:xccution bereo~ reasonable wear and tear excepted, P:lge 5 September 1997 YQ7 02I10w'91 02/11/98 WED 16:22 FAX 206 298 9583 D GARVEY CORP 2062989583 IàJ 032/042 , , P3Cific Nonhwcst Market She Name:: Redondo/Sacajawea Site Number. WAO226-1 17. Ha7~rdous Substsnees. Lekee agrees tm.,t it will, not .use, generate, store or dispose of any Hazardous Material on, uncia, abouuidrwithiii' <the LaUd in violation of any law or tegulation. Lessee agrees to defend, indem~ii¥;;and hold)wmless the. Lessor and the Lessor' s officers, affiliates.. agents and employees against any and a111o'sse~~liabilities. claims and/or costs (including reasonable attorneys' fees and costs) arising from any breach of any rePfésen12l.tio~ wananty or agreement contained in this paragraph.-ð-s used in this paragraph, "Hazardous Material" ~ mean petroleum or any petroleum product, asbestos, any substance known by the state in which the Land is localed to cause cancer a:su1Iot reproductive toxicity, and/or any subsœnce, chemical or waste that is identified as hazardous, toxic or dangewus in any applicable Cedent, state or loca11aw or regulation. This parag¡aph shall sUIVÌve the'teImination oftlris A¡reement. 18. Liabi1itv and Indemnitv. Lessee shaH indemnify and bold Lessor harmless from aU claims (including attorneys' fees, costs and expenses of defending against such cJa.ims) arisiDg or alleged to arise from the sole negligence of Lessee or Lessee's agentS or employees in or about the Property. Lessor shall indemnify and hold Lessee hannIess from aU claims (including attorneys' fees,. costs and expenses of defending agaÎDSt such claims) arising or alleged to arise from the sole negligenc:e of LeSsor or Lessor' 5 agents, employees, licensees, invitees, contractors or other tenants o~ in or¡ll~\lt:theProperty. Lessee shall indemnify the City should another td~c()mTT1lm;l".lItions provider ("~~}~itiD any,!có.on under the Federation Teleco1DIIlW1:Ícarlons Act as it pertains to this Agreement, or sJ;ould the Pl~ attempho force the City to grant another lease on the same conditions as present in the ÞÌgi~ J:bc duties described in Paragraph 18 survive termination of Ws Agreement. '" ' . ..". 19. Miscellaneous. , - (a) This Agrec:mcntconsrltllœ5 the entire agreement and understanding between the parties, and supersedes all offers, negotiations aD.d other &gtCCI11CIlU conCGDring the subject matter contained herein. Any amendments to this Agreement mU$t be in writing omd executed by both parties. (b) If any provision of this Agreement is invalid or UDCJ1Íorceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable. shall not be affeCted and each provision of this Agreement shall be valid and enforceable to the fullest cx.tœt peÌmitted by law. ' . .' ',.I .. ..,', , (c) This Agreement sba¥J?C b~\on ~ inure to 1h.e ben~fit of the successors and pemútted assignees oftbe respective parties. . \,.: ,', . , t"... -:.. ' (d) Any notice or demand required to be given herein shall be made by certified. or registered mail, retuID receipt requested. or reliable ovemijht courier to the address of the respective parties set forth below: Nextel West COIp. dba Ncxtd CommUDÏc;¡,Úons 175011211\ Avenue NE. Suite C-lOO Be11evuc, W A 98004 A Un.: Property Manager Lessor: , ' City ofFedera1 Way, a municipal coIpOration 33530 P\Way South Federal Way, W A 98003 Attn.: City Treasurer Lessee: With a copy to: Nextel West Coxp. dba N c:xtd. Coma..\unÌlntions .. ',' ., \0 1750 112m Avenue NH, Suite CI00 Bellevue. W A 98004 Attn.: Syston Jcvewp:t<1ent Mgr. Page 6 Scptcmbçr 1997 V07 00/10l9Il : 02/1~/98 WED 16:22 FAX 206 298 9583 D GARVEY CORP. 206 298 9583 141 033/042 Pacific: NonhWUt MaIket Site Name: RedondolSac:ajawea SiteNumber. WA0l26.1 and a copy to: :¡ ,';' , Nextel ()\mml!nil"-8tïofis Inc~ ' '. l' " 1505 F&IID.CreditDci,ri" y: McLean, Virginia ~ ' ¡ Attn: Legal Dept.,,¡1¡, ,Mgr. ¡ir. , ' Lessor or Lessee may from time t4:time:designate any other'address for this purpose by written notice to the other party. All noticœ hereundet ¡ball be deemed received upon actUal rec:eipl (e) This Agreement shall ~ governed by the IAwsofthe State of Washington. (£) Lcssor acknowledges that a Memotandutn of Agteement in the form attached hereto lIS Exhibit C will be recorded by Lessee in the official records of the County where the Property is located. In the event the Property is encumbered by a mortgage or deed of trost. Lessor agrees to obtain and furnish to Lessee a non-disturbance and attornment instrument for each such mortgage or deed oftIu;st. (g) Lessee may obtain 1ìtIe insuranCe 00 itS interest in the Land. Lessor shan cooperate by executing documentation recnúred by the t419..~ce Company. :':\\,f' "', (h) In any case where ~,!lPProvalør consent of one party hereto is requited, requested Of othCIWise to be given under this Agreemem, ~,party shall not unreascmably cieJay or withhold its approval or consent. (i) , ' All Riden and Exbibits,auacbed hereto fOI1Il material parts of this Agreement. ü) original. This Agreement may :be, executed in duplicate counterparts. each of which shall be deemed an 20. Marldnf and U~btinf Requirements. Lessee acknowledges that it, and not Lessor, shall be responsible for compliance with aU marking and lighting requiremc:nts of the Federal Aviation Administration (" FAA") and the FCC. Les¡ee shatt indemnify and ho1~ Lessor 1wmle.~ from any fine.s or other liabilities caused by Lessee's failure to comply with such requirements. Should r~e be cited by either the FCC or FAA because the Lessee Facilities are not.!n compliance and. should ~CIJ;See fail, tQ(cw~ the conditions of noncompliance within the time frame allowed'by the citing agency, LeSSQI, may tenllmate this Agreement immediately on notice to Lessee or proceed to cure the conditions ofnoncompliir'ÍI;~;' ' -. . I": ' " ,', , ,,' ,. c ' ' IN WITNESS WHEREOF~ the parties'DAve executed this AgreC1l1CDt as of the date fU'St above written. ')' ¡ , , LESSEE ;" ~;. LESSOR Nextel Wen Cotp. a De1a.ware COIporation dba Nextcl c.:omrmU1ic.ations City, of Federal Way. a municipal COIporation By:, By: N aJnt:: Name: p~ Satterlee -..n¡- -..t ~t1e: Title: President. PNW ,.;...~- Ulte: Date: ---- Tax 1D No.: P:¡gc 7 September 1997 VO7 Oz/IC/')8 02/11/98 WED 16:23 FAX 206 298 9583 D GARVEY CORP 206 298 9583 ~ 034/042 \, : I (I)' (', , . " ACKNO~<J:DGMENTS ALL SIGNATURES MUST BE ACKNOWLEDGED '~,I , , . '1 ,; I'ólc;ific; Norlhwest Mllrlce~ Siu: Namo: Rcdondo/Sacajawea Site Number. WAO226-1 ;:' ,. :1 ,<' 5T A TE OF WASHINGTON COUN1Y OF ) ) ss. ) On this day of ' . 19----> pc:lSoua11y appeared before II\e Perry Satterlee to me known to be the President 1'NW of the . corporation that ~ecutcd the within and foregoing instrument, and acknowledged said instrument to be the ~. and voluntary act and deed of said corporation. for the uses and purposes therein m:ntioned. and on oath stated that was authorized to execute said instrument and ,that the seal affixed (if any) is the c:orpC)tate seal of said corporation. Notuy Public in and for State of Washington Name Printed My appointment cxpn-es: STATE OF WASHINGTON couNTI OF ) ) 55. ) . 19":":'" personally appeared before me to me known to be the of the: City of Federal Wsy, a municipal eorpontiOD) who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntaIy act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that was authoÓ2cd to execute said instrument and that the seal affixed (if any) is the corporate seal of said corporation. On this day of Notary Public in and for State of Washington ;, Name Prinœd My appointment expires: PageS September 1997 Va7 ~0r'JS 02/11/98 WED 16:23 FAX 206 298 9583 D GARVEY CORP 2062989583 ~ 035/042 , , , , P¡¡çjfiç NonIIwcst Market Site Name: RcdondolSac:ajawca Site Number: W AO226.1 í:' : EXHIBIT, A DESCRIPTION OF LAND , " to the Agrcc:mœt dated ! . 1998, by ~d between the City of Federal Way, a municipal corporation. as Lessor. and Nextel West Corp., a Delaware corporation, dba Nextcl Communications, as Lessee. The Land is described and/or depicted as follows (metes and bound description): " . ; . DŒ ' 8OCmœ&BT QaaaTJal, OF 'II1II ~ QOaaDIt OF ftII ICO!KIIM-r Qa:aImIa ow 88Ç¡'%œ s. ~. 2J,' 1!DIttK. ."... 4 1LtoIrr. ~... _4'" IGiZDlrAIf ....- ~'-"~I .--- DtV'1' ~ IICIIm'Gf 'I'IIDÌOÞ r.nIIQlI:mDr ma um ~ CJQQI2I .uGIft' or Q,J' , A.L&O. ':D:r I'OtTJ:QIf OF '%HK IIQRft EAIoP «*' '1'118 IICIRI'II:KU'I' gau~ OF ftS 8OO'mEr.8T QaUmIR OF .~ s. -.":u. -.m. - 4 auT ~ IGm%DLUI'..LnJig ~Y Of' ftII ~ -ø tW,8œ'ZB: PUll ~ ROIU), ~ ~ JORnaIr ~ Io\'DI3 V1'mDr UI um »øgz aœ1'II 1.%GKr~ " Page 9 September 1997 VO7 OVICWI 02/11/98 WED 16:23 FAl 206 298 9?83 D GARVEY CORP 206 298 9583 [4J 036/042 '. .' P;açi£iç Nortl\WQt M..r1cçt SitÇ Nømc::: RcdondolSac:aju.wca Site Numbçr; WAO226.1 EXHIBIT B Page 1 of 3 DESCRIPTION OF PREMISES to the Agreement dated . 1998. by and between the City of Federal Way....a municipal corporation, as Lessor, and Ncxtcl West Co~ a Delaware corporaüoD. dba Ncxtcl Communications, as Lessee. The Premises arc described and/or depìctcd as follows: EXHIBIT I ~ POINT IiOAO OOfINt COtICR£1[ PAI10 ~~ ØOUIE ~ ~ - PROPOSal PRQ.IEQ" I,OCATIOH: S"-IG"dO'-6" ~ MIIiIH ÐIIST. OfjE STORr £IUG, SEE EIlUIPUOO ROœI PIAN. SiIŒT z PRQPQSB) ROUI'E OF CASU: uNOfRaROUND II SIEa. COtDJØ' - SACI.JAw(A SCHOOL ,~ .., :: 1".r .. '" 1: '" ... '" ~~ ::: -~~ e.. . ~~~~~ ( -JF.~. PROPOSm ROIßE Oi TD.CO LE:i1STlNC ASPIW..T 0fWê. 7 00 PROPOSED PP4EL ANIENNAS. (2) CòfIS. ANI) (1) ltSI' 1IOSIl£ N«EN/IWi IrIOUNtEO 10 £xIST. PlATf1ÐJ3 I,I;H' S1ANDAIIDS em p~ , AIl1£~1IA 1I£R POl£) .7 ..,.",,'? ...:.->..", PAŒ1C 1tWr. so.- 20 ~œ NareS: I) P\NI SHOWN 15 A GRAPI«: 1!D'~'1ION or ~E IIQ. 2) 1}1S . EXMIBII' ~ WA't BE MOOED OR OWICEJ) AT NJr 'lIME. SItE PlAN - 1 OF 3 NEXtÐ.. COMMUNlCAllONS REDONDO /SACAJAWEA 1600 SW DASH POINT ROAD SITE NUUSER: WA0226-1 DATE: OCTOBER 9. 1997 REV: ~ This Exln"bit may be replaced by a land survcyofthr. Premises onCE: it is received by Lessee. Setback of the Premises from the Larld's boundaries sùall be 'the distance required by the applicable govemme.ntal authorities. . Width of access road shall be the width required by the applicable governmental authorities. includíng police and fire departments. Page 10 September 1997 VO7 OVIQ/98 02/11/98 WED 16:24 FAX 206 298,9583 D GARVEY CO~ EXBIBrr B Page 2 ,of 3 DESCRIPTION OF PREMISES 2062989583 ~ 037/042 PlICific Nonhwcat MlD'kc:t Site NII1I\C: RedondoiSacaja.wca Site Number. W AO226-1 to the Agreement dated ---- -~ 1998, by and between the City of Federal Way.. a municipal corporation, as Lessor, and Nextt:l West Corp~ a Delaware corporation, dba Nexte1 Communications, as Lessœ. The Premises are descnòed mdlor depicted as follows: DHOW ',0 "" c ;. 'Iø I ~ 1.. I $! ~. Ø'-IØ' 13'-3" PROPOSED ~ WIf pstItG STOIW.t IÐIOW: EJIS1'It,G SM ~ 0Wt0S £.OUIPMfMT 10 ~ AEI.«J.1e) 10 N£W uu. PRŒOSm NEW SIUD QU.' PIIØfIOSfI) O'-1IrIl10"-1Î EDtIPWENf ROOY . I 1 -- .œ NInES: 1) l'\.1li $KO'M IS A ~ IID'RE:5ÐCfATOI Of ~ IBtJ,. . " EQUIPMENT ROOM PlAN - 2 OF J SITE NUuaER: YIAO226-1 NEXtE- COUYUNlCAllONS MTE: OCTOŒR 9, 1997 , REDONDO/SACAJAWE"A REV: 1600 SW DASH POINT ROAD ~ r 1. , : ",'., ¡.~;.; ....~.;.:. , . r This Exhibit may be replaced by a laDd SUIVcy of the ~ once it is reœjved by Lessee. Setback of the Premises ftom the Land's boundaries shall be the distance required by the applicable governmental authorities, :. . Width of access road shall be the width required by the applicable governmental authorities, including police and rue departments. ", Page 11 September 1997 VQ7 IUIIQ/\J& 02/11/98 WED 16:24 FAX 206298 9583 D CARVEY CORP 2062989583 141038/042 Paçifiç NonhWC$t M"Tk~t Site Name: RcdondolSilcajBwc:a Sice Number. W AO226-' . \' I I ,0/ !EXHIBIT }J I . , ' Page 3 op I" i i. DESCRIPTION OF PREMISES to the Agreement dated . 1998, by and between the City of Federal W2Y~ a municip:sl corporation. as Lessor, and Nate1 West Corp-::ä Delaware corporation, dba Nexte1 Communications, as Lessee. The Premises are desçribcd and/or depicted as follows: . Ðamm' b » ~ ~ b I 2! EXISTING P\A,TfIW) Uc;HT STAIIDAAO b I ~ ... (2) ~ PNIEI. ANrÐINAS «1) ~IM PER ~ '\)¡1IIU.6~di: 1'f'r' XB.II\I(,It.~ X 3'luat:s, (2) f'fUIOSED OIlS ~ «,) ANIDINA PER PO¡¡) Di~otda: ..... I~~ ~ 4* 1~' ( , ) PRafICJSEØ tt5f úOB¡,£ Nm:NHA t>i..~~: ¡',~~ ~ 4',u:-l"s PCæPOsm ROUTE OF CAaLE: ~ IN ST£a ~UlTi PAINT TO IWQC [xISTItIC SUIU)HG¡ NE'fI STNIDtIG SE.AU II£TA¿, ROOF' TO BE CONSTRUCTED ova¡ EXIS'I1HC ROOF a 1<1 211 ... ".... HOTE:S:: I) PiNII 9011,. IS A c::IIAPIIC ~ESOO',,1IQN Of WSE WÁ. SOUTH ElfVATION - J OF J NEXlEl. COLMJNlCAllONS ' REDONDO 1SAC.YAWFA 1600 SW DAsH POINT ROAD SITE NUMBER: WA0226-1 DATE: OCTOBER 9, 1997 RC:V: ~ This Bx.1uöit may bG rep1a.ced by a land survey ofthc Premises once it is received by Lessee. Setback of the Pre~es from the Land's boundaries shall be the distance required by the applicable governmental authorities. ' Width of access road shall be the width rcqUÍl'ed by the appJieable govemmentaJ authorities, including poJice and fire departments. .", Page 12 September 1997 V!1'1 O2I"IIN 02/11/98 WED 16:24 FAX 206 2989583 D r~VEY CORP, 2062989583 ~ 039/042 " Placific NarthwC(lt Market Site Name: RcdondolSacajawca Site Number: W AO226-1 EXBI;BIr C MEMORANDUM OF AGREEMENT CLERK: Please return this document to: Ncxtcl WeSt Coxp. db~ Nextd CommuniatioJ1$ 1.750 112m Avenue NE, Suite C-I00 BelIevue, W A 98004 A TIN; . System Development Manager This Memorandum of Agreement is entered into on this XXXXX day of xxxxxxxxxx. 1998, by and between the City of FedefaI Way, a municipal œrporaüoD, with an office at 33530 111 Way, South, Federal Way, Washington 98003, (hereinafter rcfarcd to as "Lessor") ~nd Natel West Corp.. ::a Delaware corporation, dba Nextc1 Commnøications, with an office at 17S0 112" Avenue NE, Suite C-IOO, Bellevue, Washington 98004 (hereinafter referred to as "Lcssex"). I. Lessor and Lessee entered into a Communications Site Lease Agreement ("Agreement") on the XXX day of XXXXXXX 1998, for the pwpose of installing, opcmting and maintaining a radio cornronnicaûons facility and other improvements. All of the foregoing are set forth in the Agreem.ent. 2. The tcm1 ofthr. Agreement Î;¡¡ for five (5) yean; <::ommcncing the latter ofthc:: date of the notice or a date certain sper;.ified in tb.e notice (" Commencement Date"), which date shall be not later than November 1, 1993 (the "ExpiraÛM date"), and teIminating on the fifth (51!.) anniversary of the Commcncemcnt Datt..with tbrœ (3) suc:cessive five (5) year options to renew. .. 3. The Land whiçh is the subject of the .Agreement is described in Exhibit A aUi1ched hereto. The portion of the Land bdng leased to Lessee (the ItPremises") is dcscn'bcd in Ex1uèit B attached hereto. ",. IN WITNESS WHEREOF, the parties have executed this Memonmdum of Agreement as of the day and year first above written. . LESSEE LESSOR Nextel West CoIp. a Delaware CoIpOration dba. NexteI Communications - , City ofFedcral Way, a I11l1.nÌcipal corporation By: .,.. x:xxxxxxx By: Name; PCIQ' Sattcrlc:e . Name: Title: President - P'f:!W :ritlc: Date: Date: Page 13 September 1997 Vo? O;¡¡I~8 02/11/98 WED 16:25 FAX 206 298 9583 D GARVEY CORP 212162989583 ~ 040/042 Pacific NcrthwC5t Marl<cl Site Name: RedondolSacajawea Site Number: WAO226-1 ACKNOWLEDGMENTS ALL SIGNATURES MUST BE ACKNOWLEDGED STATE OF WASHINGTON COUNTY OF ) ) ss. ) On this XXXXXXXX day of xxxxxxxxxxx. 1998. personally appeared before me Perry Satterlee to me known to be the President PNW of the corporation that executed the within and foregoing instroment, and aclcnowledged srod iustrument to 'be the free and voluntary act and deed .of said COIpOI1itiOn, fOT the uses and purposes therein mentioned, md on oath stated that xxxxx:x was authorized to execute said ÍDs1lument and that the seal úfixed (if any) is the Cðrporatc seal of said corporation. xxxxxxxxxxxxxxx Notary Public in and for State ofWasbington ~ N aIDe Printed My appoin1ment expires: XXXXXXXXXXXXXX STATE OF WASHINGTON COUNTY OF ) ; ) . S5. ..,..).; , "., On this XXXXXXXX fhy of xxxxxxxxxx. 1998, personally appeared before me XXXXXXXXXXXX to me known to be the XXXXXXXXXXX of the City of Federal Way) II munic:ipal corpor:~ûon. who executed the within and foregoing ÌDStI'tlment, and acknowledged said instrument to be the free and'voluntaxy act and deed of said corporation, for the uSes and pw:poses therejn mentioned, and on oath stated that XXXXXXXX was authorized to execute said instrument and that the seal affIXed (if any) is the corporate seal of said cOIporanon. . xxxxxxxxxxxxxxx Notary Public in and for State ofWuhington ,. ,J. ! XXXXXX:XXXX:XXXXXXX~ Name Printed My appointment expires: x:xx:xxxxxxxxxx " Page 14 September 1997 V07 01l1Q/91 02/11/98 WED 16:25 FAX 206 298 9583 DGARVEY CORP 206 298 9583 ~ 041/042 Pacific Northwest Market Site Name: RedondolS~awca Site Number: W AO226-t MEMQRAND'(JM OF AGREEMENT CLERK: Please rctum this dQcument to: Ncroel West Corp. rJba. Nc:xtel Cor'QO'JJ.11niC"rjoas 1750112110 Avenue NE, Suite C-loo Bcllevue, W A 98004 ATTN: System Development Manager " This Memorandum of Agreement is entered into on this - day of . 1998, by and betWeen the City of Federal Way, a municipal corporation, with an office at 33530 I- Way, South, Federal Way, Wa.sh.íngton 98003, (hereinafter referred to as "Lessor") ~ Nertel West Corp.. a Delaware corporation. dba Nc:xtd Communications, with an office at 1750 112110 Avenue NE, Suite C-IOO, Bellevue, Washington 98004 (hereinafter referred to as "Lessee"). 1. Lessor;md Lessee entered into a Cnmmunieations Site Lease Agreement ("Agreement") on the - day of 1998, for the purpose of installing. operating and mAintAining a radio cornmuniçations facility and o1hcr ~emects. All of the foregoing are set forth in the Agreement. 2. The term of the AgrCCIDCDt is for five (5) years commencing the latter oCthe date: of the notice or a date èertain specified in the notiœ ("Commencement Date"), which date shall be not later th.m November I, 1998 (the "Expiration d4w"), and tenninating on the fifth (~) anniversary of the Commencement Date, with three (3) successive five (5) year options to renew. 3. The Land ,which is the subject of the Agreement is dc:scribc:d in Exhi'bit A attached hereto. The portion of the Land being leased to Lessee (the "Premises") is described in Exhibit B attached heretO. ìN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. LESSEE LESSOR Nate! West Corp. a Delaware Corporation dba Nextel Communic:ations City of Federal Way, a municipal CoIporàtion - -- By: By: N axnc; Pcny Satterlee Name: Title: Presidct1t - PNW Title; Date: Dare: Page 15 September 1997 V07 02110/98 UZ/~~/~ð ncv ~O;~~ rAA ~UU ~DQ,D."Q" U un.......... ~~.~ c:~ c:':t~ ':t:;)Ij":s ..... ~ .-, ~.- Padfie Northwc:¡¡t Market Site Name:: RodondolS_çajawc;a Site Number: WAO226-1 ACKNOwr.E~ME~ . ALL SIGNATURES MUST BE ACKNOWLEDGED STATE OF WASHINGTON COUNTY OF ) ) 5S. ) On this day of'" , 1998, pcrsona11y appeared before me peny Satterlee to me known to be the Prmdcut PNW of the coIpOratiootba.t executed the within and foregoing instrument. and acknowledged said instrument to be the free: and voluntary act and deed of said corporation, for the uses and PU1'poscs therein mentioned, and on oath stated that was authorized to execute said instrument and that the seal affixed (if any) is the corporate seal of &aid corporation. NotJJy Public in and for State of Washington Name Printed My appointment expires: STATE OF WASHINGTON ) "'-, COUNTY OF ) 55. ) " day !If ---- . 1998, personally appeared before me --- to me blown to be the of the cotpoIation that executed the within and !orezoing ínsll'UU1e~t. and acknowled¡ed said instrument to be the free and voluntaIy act and deed of said colptJ1'ation, for the uses and pwposcs therein mentioned, and on oath stated that was authorized to cxecub: said ÎI151I11meI1t and that the seal ~ (if any) å the corporate seal of said coIporation. On this NotaIy Public in and for State of Washington Name Printed My appoÎl1tmCnt expires; Page 16 September 1997 VO? 021101$1 MEETING DATE: FEBRUARY 17, 1998 ITEM# :dL-- (' (}- ) .. ........ ..."...... ............... ..... ..............................................,............. .....,............. ..... ..... -.............................. ............................. .........",...... 0"'" ...,....... 0"" .............. CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: SECOND AMENDMENT TO AIRPORT COMMUNITIES ...ç.9. ^1!!!Q~J~^.ç.ç~1.!N!~~QÇ~~J~.............................. ..... ...................,...... ...... ..... ............... ...."............ "0""""" CATEGORY: BUDGET IMPACT: .x.CONSENT ORDINANCE BUSINESS HEARING FYI _RESOLUTION _STAFF REPORT - PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: S Expenditure Amt: S Contingency Reqd: S ... ............................"................ ..................., ..................".. ............... .................. ""'.""'."""" .................".... .............",.................... ... ....... ....".......... ............... ATfACHMENTS: Second Amendment to ACC Interlocal . . . ... . . . . . . . ... ..... ..........,..... .. .. . ..........................,.... . ...................... """"'.'" . ..............,......... ..... . .. . . .. .. .. .. .. ... .. ......................... .. .. .. .. ....... . .. ....... .. .. .. .... ....... .. .. ......,.... . .. SUMMARYIBACKGROUND: This is a housekeeping amendment to implement the City Council's previous budget action to allocate $100,000 to the ACC for the calendar year 1998. ........ ....." """'."""" .............................. ......., .......... .......... ................. ........... """.""""""""'" ....................................."................. ..................,.... .............."...... CITY COUNOL COMMIITEE RECOMMENDATION: Implementing entire City Council's action and thus, no Committee recommendation. '..".............."'."""'.'.".""" ................ ........ ..,..... ..................... ..........".... ................................,.................. ..................".................. .............................. ......"...... . ..~~ =- ~ :~~~ ~ ~ ~ ~ ~~ ~ ~ ~.... ~:~..~ ~ ~. ~:~ ~=. ~ .::. ~ ~. ~.::~ ~;lt~~~ ~~.~:: ~...... .. .. APPROVED FOR INCLUSION IN COUNOL PACKET: ~ (BELOW TO BE COMPLEI'ED BY CITY CLERK'S OFFICE) COUNOL ACTION: _APPROVED _DENIED - TABLEDIDEFERREDINO ACI10N COUNOL BILL # 1st Reading Enactment Reading ORDINANCE II RESOLunON II K:\ACC.2ND-2IO2I98 DRAFT CITY OF FEDERAL WAY'S SECOND AMENDMENT TO INTERLOCAL AGREEMENT, AIRPORT COMMUNITIES COALITION ;2-i.;)-9ll THIS SECOND AMENDMENT (USecond Amendmenf) is dated effective the 1 st day of January, 1998. The parties to this Amendment are the City of Federal Way, a Washington municipal corporation, (UCity") and the Airport Communities Coalition ("ACC"). RECITALS 1. The City is a member of the ACC pursuant to that certain Interlocal Agreement executed by the City on March 31, 1997, as amended by City of Federal Ways Amendment dated December 3, 1996 (collectively the Ulnterlocal"). 2. Section X(A) of the Interlocal provides that the Interlocal may only be amended by written agreement signed by the parties. 3. The City agrees to remain a member of ACC through December 31, 1998 upon the terms and conditions set forth in this Amendment. NOW, THEREFORE, the parties hereby agree as follows: 1. CONDITIONS OF WITHDRAWAL. Section III(A) of the Interlocal shall be amended as follows: A. Imn. The Interlocal shall have a term of one (1) two (2) year§. commencing on January 1,1997 and terminating on December 31, 1991-§ ("Term"), unless othelWise terminated pursuant to subsection (B) herein. 2. SHARING OF COSTS. Section VII(A) of the Interlocal shall be amended to provide that the City shall make an additional contribution of $100,000 for calendar year 1998 as follows: A. In order to pay such fees, costs and other expenses as are incurred by the Executive Committee on behalf of ACC including costs incurred in connection with the retention of legal or other professional assistance, it is the intention of the parties to this Agreement that each party will make available to ACC consistent with the provisions herein, funds for ACC operating expenses as follows: City of Normandy Park City of Des Moines City of Burien $600,000 per year for 1997 & 1998; $600,000 per year for 1997 & 1998; $600,000 per year for 1997 & 1998; City of Tukwila City of Federal Way $100,000 per year for 1997 & 1998; $100,000 per year for 1997 & 1998. 3. CONFLICTING PROVISIONS. In the event of a conflict between the terms and provisions of this Second Amendment and the terms and provisions of the Interlocal, the terms of this Second Amendment shall control. 4. FULL FORCE AND EFFECT/RA TlFICA TlaN. All other terms and conditions of the Interlocal not modified by this Second Amendment shall remain in full force and effect. All acts consistent with this Second Amendment are hereby ratified and confirmed. DATED the effective date set forth above. CITY OF FEDERAL WAY By: Kenneth E. Nyberg, City Manager 33530 1 st Way South Federal Way, WA 98003 ATTEST: City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: City Attorney, Londi K Lindell AIRPORT COMMUNITIES COALITION By: John Rankin, Chairperson APPROVED AS TO FORM: City Attorney, Gary McLean City of Des Moines K:\lNTERLCL 'ACe 2nd - 2 - MEETING DATE: February 17, 1998 ITEM# ~CQJ .... . ...... ....... ....... ....... ... .... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ......-....... .... .............. ..... ..... ..... .. ""'."'.""'."'" "".."" .................. . .... ..... ..... CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Capital Facilities Plan Update; Acceleration of the SW 34Oth Street Regional Stonn Water Detention Project ............ ...... ....... ....... ....... .............. ....... .............. ....... ....... .............. ....... ....... .............. .................. ..... "". ..... ....... ........... .......... "'.' . ...... ........... ..... .. ........ CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION 0 THER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ............ ............. ....... .............. .............. ....... .............. ....... ............................ ......... ..... ....-............ ..... ..... ..... .................. ..... ..... ..... .................. .......... ..... ATTACHMENTS: Memorandum to the February 2, 1998 Meeting of the Land Use and Transportation Committee Exhibit" A" Current SWM Capital Facilities Plan Exhibit "B" Impact of Proposed Changes on SWM Capital Facilities Plan ............................... ................ ..-.--......... ...... -...... ........................... ...... -.-... ..... ............................ ".'....'..""'.."'."'.""".""".""..'.'" no................... ..... SUMMARY IBACKGROUND: The Surface Water Management (SWM) Division proposes to accelerate the referenced major capital project by two years. Acceleration of the project will provide better coordination with planned construction in the area, provide the facilities necessary to relieve an existing flooding problem which has the potential to be aggravated by quickened development in the basin, and result in a project cost reduction due to a developer-proposed property exchange. Because the proposed project acceleration involves a major capital project with projected costs in excess of $1M, SWM is requesting Council authorization to, in effect, reprioritize the project. The proposed acceleration can be accomplished due to the fact that the SeaTac Mall Detention has been stalled this year because of the discovery of contaminated materials within the project alignment. Funds programmed in 1998 for SeaTac phase IT and phase ill construction can be reallocated to the S34Oth project in 1998. Note that no remaining project on the Capital Facilities Plan is postponed or reduced in priority. Construction of the SeaTac project will be postponed until 1999 at which time the contamination issues should be resolved. Should Council authorize acceleration of the S34Oth Street Storm Water project, staff will return to the Committee and Council at the 30% and 85% complete design stages for further authorizations. There are other proposed changes to the SWM CFP which will be included in the City's Comprehensive Plan update later this year. These proposed changes include deletion of projects accomplished, revisions to funding sources and uses based on Federal legislation updates, and project addition requests by local homeowner associations. ... ... . ..... m.................. .... .......... ........... ............. .... ..... -. .............. ... ..... ................... ....--......... .............. ......... ..................... .... .............................. ...... ... . CITY COUNCIL COMMITTEE RECOMMENDATION: At its February 2,1998 meeting, the Land Use and Transportation Committee forwarded the staff recommendation to approve of the project acceleration to the City Council for consideration at their February 17, 1998 meeting. . . ... ...... .................... .............. ............ ,,-,.-.,. ..--- -.-.......--....... ....... .... --... ...... .......... ....... ... ... ........~.. . t;..... ......... .'.".'....'.'.'..... . _.~~~~~~~þ~-~-~-=._- .. .~pp~ OOO..FO~.mC~uš I 0 Ñ'.;.cOUNëI~. .;~ ëI¿E~~3v' ............ ... ... ........ ..... .... .. ... . .. ... ... ... . ......... .. . .... .. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED T ABLEDIDEFERREDINO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # pw K:\counci1\agdbills\1998\a340th.swm . . - -. ,.ò» CITY OF Ir -= = EJ:J~ ~~~ ) Date: January 28, 1998 Subject: Phil Watkins, Chair Land Use and Transportation Committee Jeff Pratt, Swface Water Manager ~ Capital Facilities Plan Update - Acceleration of the SW 34Oth Street Regional Storm Water Detention Project To: From: Background: This memo pertains to a request by the Surface Water Management (SWM) division to accelerate the referenced major capital project by two years" The accelerated project will better coordinate with planned construction in the area, provide the facilities necessary to relieve an existing flooding problem which has the potential to be aggravated by quickened development in the basin, and result in a project cost reduction due to a developer-proposed property exchange. Because the proposed project acceleration involves a major capital project with projected costs in excess of $lM, SWM is requesting Council authorization to, in effect, reprioritize the project. ) As a reminder, the SWM Capital Facilities Plan (CFP), included in the City's Comprehensive Plan, provides a plan of attack on the numerous major surface water problems within the City of Federal Way. The CFP lists both sources of revenue and planned expenditures by ranked project- furnishing a long term financial plan for the City's SWM utility. The projects listed on the CFP were ranked using various criteria - including project coordination opportunities. Attached is an analysis of the proposed revision to the current SWM CFP. Exhibit II A" is the current CFP sheet from the City's Comprehensive Plan. Exhibit liB" is the CFP after incorporation of the proposed revision. The proposed change and its impacts are highlighted on Exhibit liB". The proposed acceleration can be accomplished as suggested due to the fact that the SeaTac Mall Detention has been stalled this year because of the discovery of contaminated materials within the project alignment. Funds programmed in 1998 for SeaTac phase n and phase ill construction can be reallocated to the S340th project in 1998 (note that none of the remaining projects are postponed or reduced in priority). Construction of the SeaTac project will be postponed until 1999 at which time the contamination issues should be resolved. Should Council authorize acceleration of the S34Oth Street Storm Water project, staff will return to the Committee and Council at the 30% and 85% complete design stages for further authorizations. ) Note that there are other proposed changes to the SWM CFP which will be included in the City's Comprehensive Plan update later this year. These proposed changes include deletion of proj ects accomplished, revisions to funding sources and uses based on Federal legislation updates, and project addition requests by local homeowner associations. Staff will be present at the Committee's February 2nd meeting to answer any questions members may have. . Committee Recommenda J;. Staff recommends that the Committee forward a recommendation of approval of the project acceleration to the City Council for consideration at their February 17, 1998 meeting. F JP:jg Attachments _1--. .' .... + 1. i I I I i ¡ j .! i , . \ 1 ' , , r- ,',r- ", , ,'r--... - ~< ~ ! R r t-4 (]) ~ ?i ! U! ¡ ~ ~ ! & " u ¡ ! "~ ¡¡ ~ Ii ¡¡ 11 ~ !1 ".- ;,~: -- , - ,',..:':' ,', "', " , :,"', " ':" ,:::? n::;"',~;' ,-';c:'>,' ;;}:¿~, ::,:';1} '. .:.~,{~~ "'" :':~;. '::;":::J:: n,;:'~: '.: )~~ ~ I I 'I, 6 , ¡ ín ~ :".~ ,Ì£ ~ , I ¡ 1 '1 ' j ; ¡ ; e ¡r: ¡r: ¡ ! E îI! , I I ~ :: ; ! ,~' ........,r .,- š s, , ," " , , , , >,,¡:~~,< " <, ,,',,' -;:{:{' ??~ . , " .., -<.;' " ,'" , ':.; " ';:" ",' '.>~' -?:; . ,~, ,:;: 'F , " ',.. '~- , / I I " B " :' ~ ~ ... ~~~.!.~.~~.. ~ A T..~.:.. ~.~~~~~DT..}.? !... ~.~~~............. ..............................r!~~~ .¿; çq~) "...................."........., CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 1996-1999 Housing and Community Development Plan Four- ...Y~~!...~!~.~!~.g~.~~......................................................................................................................................................."........................ ...............,.........., CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ...-............................................_..................... ......................................................................................".........................,........... ATTACHMENTS: A) Memorandum to City Council; B) 1996-1999 Housing and Community ... !?.~Y. ~ ~.~ p ~ ~ E ~ .. ~ ~.~E..!:g .':l.!.: .Y..~~~ ß !E~ ~~.g} ~. ~. .~~.~~..P. ~ ~p. ~ ~ ~~.. !.~ y'~.~~g.~.~......... ............."... ....... ..,............ ... ...........",....... ............... .."........., SUMMARY/BACKGROUND: Attached are proposed revisions to the City of Federal Way 1996~1999 Housing and ColIU1luoity Development Plan (H&CD) Four-Year Strategies. These strategies are a part of the King County Consortium Consolidated Housing and Community Development Plan for 1996-1999 and provide a framework för funding decisions within the ColIU1lunity Development Block Grant program. The accompanying memorandum outlines the proposed revisions, justifications for each and the associated timeline. All strategies must be approved by the full City Council, before submitting them to the King County CDBG Consortium by April 1, 1998. The Human Services Commission reviewed the proposed .. .~!:t.~.~~~. ~~.. f <.>. ~ ~!~.~~. .~~!!l.. .~~. P.~~.~.~~ ~~.~. ~~..~~.. ~~~ ~!.. ~ ~.~E~~!~.? ~.'.. .~.~ ~ .~~ .§'~f ~ ~Y..! .. ~ ~ . .~~~.~ ~~~. .ç~~~ ~.~. ç.? ~ ~~~~:............. ... ., CITY COUNCIL COMMITTEE RECOMMENDATION: On February 9, 1998, the Parks, Recreation, Public Safety and Human Services Committee approved as presented the Commission recommendation and proposed revisions to the 1996-1999 Housing and Community Development Plan Four-Year Strategies. This is forwarded to ...~!::.Ç}.~..ç.~~~~~.~..f<?~..fi..~~!..~P.P..~.~~~~.:......... .................................................,........................ ......... ......."....... .................................. .........................".......... ~:~:~~~~~~~~~~::~~,~:':=~fl-'~í1@t'L m,mm APPROVED FOR INCLUSION IN COUNCIL PACKET: c!f!J (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED T ABLED/DEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # COYERCC-5124194 CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT SERVICES DEPARTMENT Human Services Division MEMORANDUM DATE: February 9, 1998 FROM: City Council Patricia Talton, CDBG Coordinatorf TO: RE: 1996-1999 Housing and Community Development Plan Four-Year Strategies Background Attached are proposed revisions to the City of Federal Way 1996-1999 Housing and Community Development Plan (H&CD) Four-Year Strategies. These strategies are a part of the King County Consortium Consolidated Housing and Community Development Plan for 1996-1999. Within the Consolidated Plan is an Action Plan which addresses the strategies identified by implementing a range of programs, services and policy work to be addressed in the given timeframe. The City's strategies were developed from 1993 CDBG Program Policies which previously served as a framework for the allocation of Community Development Block Grant funding. Subsequently, the current Four-Year Strategies were developed and revised in 1995. The Consolidated Plan as well as individual jurisdiction's strategies may be revised or amended yearly with respective City Councils' approval. Any revisions are incorporated into the Action Plan and distributed annually. In 1998, the King County CDBG Consortium will begin the process of developing a new consolidated plan. The city may elect to revise its strategies or incorporate the current strategies into the new document. This memo outlines the purpose of the suggested revisions, the specific changes, and timeframe for revising the strategies. All revisions to the strategies must be approved by the City Council, before submitting them to the King County CDBG Consortium. Purpose The purpose for the suggested revisions are: 1) Ensure that the City's H&CD F our- Year Strategies are consistent with other City plans and policies such as the Comprehensive Plan and the Human Services Comprehensive Plan; 2) Inclusion of activities which are currently funded via the Federal Way CDBG program; and 3) Expansion of strategies and activities to encourage diversity and flexibility in funding options. Some areas within the H&CD Strategies have not been selected for revisions based on consistency and effectiveness of those strategies. These may include strategies and activities which will continue to be encouraged or are currently being implemented by contracted agencies. One strategy in particular addresses accountability by program participants which is consistent with the current trend toward outcome measures. Please review the following strikeouts and proposed changes which are double underlined: .' ~Page I, First Paragraph, last sentence - and the Human Services Comorehensive Plan is added. ~Page 2, Needs Section #4 Infrastructure Improvement - flood Dlain is revised to Surface Water and Pedestrian Crossin!! is added. ~Page 2, Needs Section #5 Public Services - plovide. e.55e.ntial human 5e.Ivice.5 in the. following areas is revised to meet the followin!! CitY Council human services !!oals IItln1at1 Se.1 v ice e.atc.go1Ïe.5 are revised to reflect City Council funding priorities as taken from the Human Services Comprehensive Plan. ~Page 2, Strategy #I/Activity #1 - OvC! the lle.xt foUl yeltl5, is deleted for flexibility. ~Page 2, Strategy #I/Activity #2 - Ove! the next foul ye.ltI5, and Within the. next rom ,e.ltI5 are deleted for flexibility. ~Page 3, Strategy #I/Activity #3 - Within the next ,e.ltI, is deleted for flexibility. Bullet #1 - a55tln1ing a leade.i5hip 10le in e5tðbli5hing is revised to DarticiDatin!! in. Bullet #4 is added to reflect current activities. ~Page 3, Strategy #2/Activity #1 - ave! the nc.xtfom yeltl5, atId with diIection f!om the Ciry Coundl, e.5tðbli5h pIÏOIiry ltIe.M is ~evised to The CitY will seek QDDortunities. ~Page 3, Strategy #2/Activity #2 - ave.! the l1e.xt two yeltl5, is deleted for flexibility and consider fundin!! is added for consistency. ~Page 3, Strategy #2/Activity #3 - Within the. next foUl ye.ltI5, is deleted for flexibility. ioww income l1eighbOIhood !e. v itèllization ploje.c.t5 is revised to add specificity and the consideration of various revitalization activities. ~Page 3, Strategy #2/Activity #4 - Within the. next fom ye.ltI5, is deleted for flexibility. ~Page 4, Strategy #3/Activity #1 - ave.! the. next £Om ye.ltI5, is deleted for flexibility. ~Page 4, Strategy #3/Activity #2 - Within the next tillee yeltl5, and Ove.! the. ne.xt thtee. ye.ltI5, are deleted for flexibility. ~Page 4, Strategy #3/Activity #3 - O~eI the nc.xt two yeat5, is deleted for flexibility. ~Page 4, Strategy #3/Activity #4 is added to encourage diversity and full utilization of planning and administration funds. Timeframe These proposed revisions to the H&CD F Ouf- Y ear Strategies have been reviewed by the Human Services Commission and the Parks, Recreation, Public Safety, Human Services Council Committee. As a result of committee review, the proposed revisions are being forwarded as presented to the full City Council for final approval. (See attached Committee recommendation) Any adopted revisions to a particular jurisdiction's strategies are due to the King County Housing and Community Development program by April 1, 1998. February 9, 1998/REVSTRAT.MEM Committee Options \ 1 : '--- . / 2. Approve strategies as presented by staff to full Council. Approve strategies as amended and forward to full Council. OF COMMITTEE REPORT: : #--0"'" .íÔ~.to,~ . mmittee Member. G:\CLERK\CMTE.REC 3/11/96 CITY OF FEDERAL WAY 1996-1999 Housing and Community Development Plan Four- Year Strategies The Housing and Community Development Plan evolved from the 1993 Community Development Block Grant (CDBG) Local Program Policies. The four-year strategies within the Plan were developed in 1994 and updated in 1995. These strategies provide guidelines for the allocation of CDBG funds and are consistent with the City's Comprehensive Plan developed under the Growth Management Act and the Human Services Comprehensive Plan. Goal Statement Service needs for City residents far outweigh the availability of resources. As a relatively newly incorporated jurisdiction with a large and diverse population, the City is faced with the challenge of providing services that address needs in the areas of affordable and special needs housing, human services and community development. The City will use CDBG funds to develop a viable community in which quality of life is enhanced by providing decent housing and a suitable living environment and expanding economic opportunities for low- and moderate- mcome persons. Objectives . To fund projects which address local needs and strategies . To ensure that the basic human services needs of low- and moderate-income persons are addressed . To adequately address the City's housing needs to accommodate projected growth in low- and moderate-income households, as well as senior and special needs populations . To preserve the existing housing stock . To stimulate economic development and strengthen the City's infrastructure Needs - The City of Federal Way has identified housing and non-housing community development needs through public involvement activities, studies, needs assessments, and planning processes. 1. Public and Community Facilities Improvements - Senior and Community Centers, Child Care Centers, Parks and Recreation Facilities, and Health and Social Services Facilities which predominantly serve low- and moderate-income persons and address severe health and safety problems. 2. Housing - Affordable housing for low- and moderate-income people, seniors, special needs populations, transitional housing and emergency shelters, and preservation of existing housing stor'.. Page 2 City of Federal Way Four-Year Strategies 3. 4. 5. 6. cont. Needs Accessibility - Modifications to community facilities and existing structures to remove barriers and improve safety conditions especially for elderly and disabled persons. Infrastructure Improvement - Neighborhood revitalization projects such as Hood Dr~in Surface Water Improvements, Street, Sidewalk and Pedestrian Crossing Improvements, Transportation Improvements, and Street Lighting. Public Services - Projects which provide essenti~l hnm;:tn services in the following ~reas meet the following Citv Council human services goals: Emergent:) ;:tnd Dask Stlrvival Needs, Child C~re, Self Stlpport Development, Victims Assistance, Children and Y Otlth Serv'ices, Senior Services, Otltreach to I:thnkall) and Ctllturall, Diverse Poptlhrt¡ons, and Pamil, Stabilization Services eSUDDort basic human needs through fundinl! of emergency services: .SUDDort a strom! service deliverv svstem that increases Dublic safetv: eDfovides SUDDort that suDDlements federal. state. and countv DrogramS designed to increase self-sufficiency and indeDendence: . and SUDDort service models that ¡mDrove communitv-based collaboration and build strom! neighborhoods. Planning and Administration - CDBG Program staffing and administration, planning for affordable housing resource development and potential annexation areas. Strategies Strategy #1 Develop a range of housing opportunities aimed at increasing the supply of affordable housing to accommodate the projected growth in low- and moderate-income households. Create housing opportunities for seniors, youth, special needs groups and impact the availability of transitional housing and emergency shelters. Activity 1 Preservation of housing stock in existing neighborhoods has been cited as an important community value in Federal Way, one which played a large role in the community's decision to incorporate. Over the next fonr years-, The City will maintain a Housing Rehabilitation Loan and Grant Program to maintain health and safety standards in the homes of low- and moderate-income households and persons with disabilities. Activity 2 According to established service providers, suburban homelessness is increasing. There is a limited supply of transitional and emergency shelter facilities in South King County to meet this overwhelming need. Over the "ext fonT years, The City will continue to support local and regional shelter and transitional housing service providers. 'Nithin the next fotlr years The City will encourage and support more homelessness prevention services, including youth shelter services. Page 3 City of Federal Way Four- Year Strategies cont. Strateg;y #1, Activity 3 Activity 3 Within the next year, The City will explore a variety of methods to increase the supply of affordable housing for low- and moderate-income families: . The City will consider assuming a leadership role in establishing participating in a South King County regional entity to address housing needs. . The City will assess the value of pooling technical resources between jurisdictions to assist in the development and implementation of housing policies and programs. . The City will look at the benefits of collaborative efforts to coordinate local government money and resources in a way that will attract greater private and not-for-profit investment into affordable housing. . The City will consider funding homeownership programs such as downpavment assistance. sweat eQuity. homebuyer education. community land trust or those that reduce development costs or reduce mortgages. Strategy #2 Prioritize and fund projects that strengthen the City's infrastructure and stimulate economic development. Activity 1 O~er the next fotlr years, and with direction from the City Council, establish priority areas The City will seek opportunities for public funding of capital facilities, services and infrastructure by working with the Human Services Commission, and soliciting input from the Management Team. Activity 2 Over the next two ,cars, The City will consider funding public and community facilities improvement projects which address safety and accessibility issues particularly for the well-being of youth, elderly, and disabled persons. Activity 3 Within the next four years, The City will consider funding low income neighborhood revitalization projects projects whi£.h encourage community development activities such as job creation. downtown and neighborhood revitalization. and those activities consistent with the City's Comprehensive Plan and Human Services Comprehensive Plan. Activity 4 Within the next four ,cars, The City will consider funding capital transportation improvement projects which connect low- and moderate-income housing areas with vital services in the City. Page 4 City of Federal Way Four - Year Strategies cont. Strategy #3 Strategy #3 Address human services needs which focus upon self-support systems that empower families and communities to make contributions to their own well-being and enhance the quality of their lives. Provide technical assistance, planning and administrative services to increase performance levels of CDBG program participants. Activity 1 The City recognizes that problems faced by children and their families are complex in nature and can result in dysfunction and tragedy if not addressed holistically. Solutions to complex problems often require a variety of interactive approaches designed to create environments which provide people with the tools to help themselves. Over the next four years, The City will fund projects and agencies with a holistic approach to service delivery and demonstrate the ability to leverage funds and network with other service providers. Activity 2 The social environment for youth is often volatile and filled with life-threatening circumstances. Collective efforts between local community organizations, the School District, and the City, may provide effective solutions that positively impact the young people in Federal Way. Nithin the next three years, The City will consider funding projects which provide "at-risk" youth with more recreational and educational alternatives. O-~er the next three ycars, The City will fund projects and public service agencies which assist families with children in the areas of employment and youth services. Activity 3 0 v cr the next tw ð years, The City will participate in regional and local planning activities with King County, the South King County Community Network Board, and other funders and jurisdictions to coordinate funding approaches, policies and service delivery which facilitate a continuum of care for people. Activity 4 Plannini! and administration funds will be used to administer the City's CDBG proi!ram and when additional plannini! funds are available. special plannini! projects will be considered. January 7, 1998/REVSTRAT.98 MEETING DATE: February 17, 1998 ITEM# ~C1)- .... .......... .... ....... .. """".'" ....... .............. ....... . ...... .............. ....... ....... ....... ....... ...... -.. ..... ....................... ..... ..... .......... ........ ..... ..... ..... .................. ..... ..... ..... CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Project Acceptance and Retainage Release BPA Trail Corridor, Phase n ... . .. ..... ....... ....... .............. ....... '.'.." .............. ....... '.'......'.'.' ....... ....... ....... ............. -.. ..... ....................... ..... ..... ........... ....... ..... ..... .............. ........... ........ ..... CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SFSSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ .............. ........... ....... ....... ....... ....... ".".' ....... ....... ........ ...... ....... ....... .. ..... ....... ......... ..... .................. ..... ..... ............. .......... .......... ..... .... ............... .... ..... ..... ATTACHMENTS: Memorandum to the February 2, 1998 Land Use & Transportation Committee Meeting ., ...... ... .. ... . ... ........... ............................................................................ ................................................................... ................. ................. ................. ...... SUMMARY/BACKGROUND: Prior to release of retainage on a Public Works project, the City Council is required to accept the work as complete to meet State Departments of Revenue and Labor & Industries requirements. The final cost for construction of the BPA Trail Corridor, Phase II is $484,547.52, which is $22,201.15 below the approved construction contract budget of $506,748.67, including a 10% construction contingency. .... on. ... on . ... ..................... ..... on........................................................................................... ............................. .... .................... .......... . ...... on on...... ........... CITY COUNCIL COMMITTEE RECOMMENDATION: At its February 2, 1998 meeting, the Land Use & Transportation Committee approved forwarding the following staff recommendation to the February 20, 1998 City Council meeting: Acceptance of the Westmark Excavating, Inc., BPA Trail Corridor, Phase II contract in the amount of $484,547.52, as complete. .. .CÏTy"MÃÑAGËR"ïŒcö MMENDATION~"'~.'.'¿~~."~~~~~'.~&'" ~~ "ii....'. ... ...... ß £ ß... 1:. ":E:~.. ç;~.?. .e~il...~. ?:....~ :!:~:...::~.. .:.~? f~. :........................... /?&.¡... tJ.. ~f!ig,}. ......... .. . APPROVED FOR INCLUSION IN COUNCIL PACKET:þ 1. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # k: \council\agdbills\1998\bpa2 .fa CITY OF - - -- . - fæI:]~ ~~~ DATE: January 26, 1998 TO: Phil Watkins, Chair Land Use & Transportation Committee FROM: Ken Miller, Street Systems Manager SUBJECT: AG 97-84; BPA Trail Corridor Phase n Acceptance and Retainage Release BACKGROUND Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor & Industries' requirements. The above referenced contract with Westmark Excavating, Inc. is complete. The final construction contract amount is $484,547.52. This amount is $22,201.15 below the $506,748.67 (including contingency) budget that was approved by the City Council on March 18, 1997. Staff will be present at the February 2nd Land Use & Transportation Committee meeting to answer any questions that the Committee may have. RECOMMENDATION Place the following item on the February 17, 1998 City Council Consent Agenda for approval: 1. Acceptance of the Westmark Excavating, Inc., BPA Trail Corridor Phase II Project, in the amount of $484,547.52, as complete. KM\AE:jg 00: Cathy Rafanelli, Management Services Project file AG 97-84 Day me k:\1utc\1998\bpa2.fm MEETING DATE: February 17, 1998 ITEM# ~ (;) .... ....... ....... ....... ....... .............. ."'.".".'.' ....... .............. ....... ....... ....... .. ..... ."".' . ... ..... ..... ..... ".."'..".' ..... ..... ..... ..." ...... ....... . ......... ""'.' ................ ........,. ..... CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Project Acceptance and Retainage Release 1997 Asphalt Overlay Project .... ....... ........ ........ ..... ...,... .............. ....... ....... ....... ....... ....... ....... .............. ................ ..... ....................... ..... ..... .................. .......... ..... ""...'."""'.' ..... ..... ..... CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION 0 THER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ............. ........ .... "'."."."" ....... ......... ..... ....... ....... ....... ....... ....... ....... ........ ""'. ............... ................,..... ""."'.""..'."" ....... .......... ..... .... ...",........ ........"..... ATTACHMENTS: Memorandum to the February 2, 1998 Land Use & Transportation Committee Meeting ................. ..................,............ ......"................. "...""""",...,...,.",."".",. .................... ................."................. ... ...................... .... ........."..... .. ... ...... ........ SUMMARY/BACKGROUND: Prior to release of retainage on a Public Works project, the City Council is required to accept the work as complete to meet State Departments of Revenue and Labor & Industries requirements. The final cost for construction of the 1997 Asphalt Overlay project is $1,453,796.00, which is $303,990.68 below the approved budget of $1,757,786.68, including a 10% contingency. .. ... ......,........... ............... ...... ............................., ..'."'."'......."""""".""'..""""'."'. ........... ................................................."................ "'..'."'."" .....,...... CITY COUNCIL COMMITTEE RECOMMENDATION: At its February 2, 1998 meeting, the Land Use & Transportation Committee approved forwarding the following staff recommendation to the February 20, 1998 City Council meeting: Acceptance of the Lakeside Industries, Inc., 1997 Asphalt Overlay project in the amount of $1,453,796.00, as complete. ... CÏ;~~. mAG;;.'¡;C 0 ~ATio ~~.... Ä11~'~...ëv::: ~ ... ~: ~~. ~: 1:::::' "'{;'" ~ +: (" ......." .... . ., :)', ~'/ '/ -~~~---;-~ß~------- 1. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED T ABLEDIDEFERREDINO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # k:\council\agdbills\1998\ovcrlay.fa . DATE: January 26, 1998 TO: Phil Watkins, Chair Land Use/Transportation Committee FROM: Ken Miller, Street Systems Manager \?r SUBJECT: AG 97-116; 1997 Asphalt Overlay Project Acceptance and Retainage Release BACKGROUND Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The above referenced contract with Lakeside Industries, Inc. is complete. The final construction contract amount is $1,453,796.00. This is $303,990.68 below the $1,757,786.68 (including contingency) budget that was approved by the City Council on May 20, 1997. Staff will be present at the February 2nd Land Use & Transportation meeting to answer any questions the Committee might have. RECOMMENDA nON Place the following item on the February 17, 1998 Council Consent Agenda for approval: 1. Acceptance of the Lakeside Industries, Inc. 1997 Asphalt Overlay Project, in the amount of $1,453,796.00, as complete. KM\AE:jg 00: Cathy Rafanelli, Management Services Project me AG 97-116 Day me k:\lutc\I998\97ovctfy . fill MEETING DATE: February 17, 1998 ITEM# -va) .... ....... .............. ....... ... .... ....... ....... ....... ....... ....... ....... .............. .... ... ....... ....... ......... ..... ............ ...... ...................... ........... ..... ..... ......... .............. .......... ..... CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Project Acceptance and Retainage Release 1997 Sidewalk Replacement Project .... ....... ....... ....... .. ..... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ......... ........ ............... ..... ....... ... .... .............. ..... ..... ..... .................. ..... . .... ..... CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINFSS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION 0 THER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ..... ...... ....... ....... ....... ......... ..... ....... ....... ....... ........ ............. ....... ....... ....... ....... ......... ..... .............. .... ..... ..... ..... .................. .......... ..... ......... .............. ..... . .... ATTACHMENTS: Memorandum to the February 2, 1998 Land Use & Transportation Committee Meeting ...... .. .. ......................... .............. ....... ....,.......... .......... ... .... ................. .......... ..... ................................... .................. .......... .. . ............. ... .................. .. ..... .... SUMMARY/BACKGROUND: Prior to release of retainage on a Public Works project, the City Council is required to accept the work as complete to meet State Departments of Revenue and Labor & Industries requirements. The final cost for construction of the 1997 Sidewalk Replacement project is $90,219.50, which is $28.00 below the approved budget of $90,247.50, including a 10% contingency. ............................ ................. .......... ........ ..... ... .................. ........ ........................ ....... ........ ................ ................................... .......... .. ... ... .. ........................ CITY COUNCIL COMMITTEE RECOMMENDATION: At its February 2, 1998 meeting, the Land Use & Transportation Committee approved forwarding the following staff recommendation to the February 20, 1998 City Council meeting: 1. Acceptance of the Kodo Construction, Inc., 1997 Sidewalk Replacement project in the amount of $90,219.50, as complete. ... C Ï~ y' MANA G Eiï.. RECOMMËÑDATIO N~'.... ~ ~~ -:r. ..~~ w;'.' ~~ ~~::t~ . . . ~... ~ ~.~ ~. .. -~-~~- (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED T ABLEDIDEFERREDINO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # It: \counci1\agdbills\l998\sidcwalk.fa DATE: January 26, 1998 TO: Phil Watkins, Chair Land Use & Transportation Committee FROM: Ken Miller, Street Systems Manager '~t'i\ SUBJECT: AG 97-158; 1m Sidewalk Replacement Project Project Acceptance and Retainage Release BACKGROUND Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The above referenced contract with Kodo Construction, Inc. is complete. The final construction contract amount is $90,219.50. This amount is $28.00 below the $90,247.50 (including contingency) budget that was approved by the City Council on November 5, 1997. Staff will be present at the February 2nd Land Use & Transportation Committee meeting to answer any questions the Committee may have. RECOMMENDATION Place the following item on the February 17, 1998 City Council Consent Agenda for approval: 1. Acceptance of the Kodo Construction Inc., 1997 Sidewalk Replacement Project, in the amount of $90,219.50, as complete. KM\AE:jg co: Cathy Rafanelli, Management Services Project me AG 97-158 Day me k: \Iutc\ I 998\97sidewk.fm MEETING DATE: February 17, 1998 ITEM# J- ~ ) .... ....... ....... ....... .............. .... ... ....... ....... . ...... . ...... ....... ....... ....... ....... ....... ....... ......-.. ..... ......... ......... ..... ..... ..... ........ .......... ..... ..... ..... ... ............... ..... '."".'.' CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Project Acceptance and Retainage Release on the Military Road South, So 284th Street to So 288th Street, Roadway Constroction Project ........... ....... ......... ..... ... .... ....... ....... .............. ....... ....... ....... ....... ....... ....... ....... ...... ... ..... .................. ..... ..... ..... ............ ...... ..... .......... .................. ........... .... CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE _BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION 0 THER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ........... .............. ....... ........ ...... ....... ....... ....... .............. """. ....... ....... ....... ....... .......... .... .............. .... ..... ..... ..... """.'.."'."" ..... .......... ............ ..................... ATIACIlMENTS: Memorandum to the February 2, 1998 Land Use & Transportation Committee Meeting . ............................. .................................................................................................... ................" .... ................... . . . ... .... .. . ... .. .. ... .. ... .. . . .. . ". ... ......... .. . .. ...... . SUMMARY/BACKGROUND: Prior to release of retainage on a Public Works project, the City Council is required to accept the work as complete to meet State Departments of Revenue and Labor & Industries requirements. The fmal cost for construction of the Military Road South, So 284th Street to So 288th Street, Roadway Construction Project is $282,127.42, which is $35,843.31 below the approved budget of $317,970.73, including a 10 % contingency. ........ .. .......................... ....... ......... ........... ........ '.'..'."'."""" ............ ""....".'.'."'.".... ....... ................. .............. ............................... ............... . . .. . ... ....... . .... CITY COUNCIL COMMITTEE RECOMMENDATION: At its February 2, 1998 meeting, the Land Use & Transportation Committee approved forwarding the following staff recommendation to the February 20, 1998 City Council meeting: 1. Acceptance of the Pivetta Brothers construction, Inc., Military Road South, So 284th Street to So 288th Street, Roadway Construction project in the amount of $282,127.42, as complete. ... c'~.,~ ~ G;;";;~ 0 ~~~o~~"";W ~. ..~... ~~. ~~ ~ ~ ....~... ~ ¡+" .. ..... ......... þ~ i.... ~.....~ ~ ~.... :.... .... ............................................... ....... ..................... ¡ ~.. ~ 2 ~ ~}................. .. ... ... .. ...... ..... APPROVED FOR INCLUSION IN COUNCIL PACKET: dJ!Þ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED T ABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # k: \counciJ\agdbi11a\ 1998\A097 -183. fa CITY OF - .. .~~ ~.....~r.:p~ ~~ RY~ ~'- DATE: January 26, 1998 TO: Phil Watkins, Chair Land U selTransportation Committee FROM: Ken Miller, Street Systems Manager ~~ S UB]ECT: AG 97-183, Military Road South, South 284th St to South 288th Sf, Roadway Constroction Project AttepmnœandRemUmgeR~ewre BACKGROUND Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor & Industries requirements. The above referenced contract with Pivetta Brothers Construction, Inc. is complete. The final construction contract amount is $282,127.42. This is $35,843.31 below the $317,970.73 (including contingency) budget that was approved by the City Council on July 15, 1997. Staff will be present at the February 2nd Land Use & Transportation meeting to answer any questions the Committee might have. RECOMMEND A nON Place the following item on the February 17, 1998 City Council Consent Agenda for approval: 1. Acceptance of the Pivetta Brothers Construction, Inc., Military Road South, South 284th Street to South 288th Street Roadway Construction Project, in the amount of $282,127.42, as complete. KM\AE:jg cc: Cathy RaCanelli, Management Services Project me AG 97-84 Day me k:\Jutc\1998\mili1aly .flD .. .~~r.JN.G. P..~ r.~;.... ..f.~ÞP:I.~.. J.7.~..J2.2.~.. ............. ..................._..rI;:~~ ~) ....'............."....".....' CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Resolution supporting a test program for modifications to ... ~~.~ ~!~ ~~T.~~Q ~~ ..!.~.~~~.~.~ !J~ ~~L ^~~P.~ ~t. ~.~ ~ !.~...ø..~P~.~J ~~~. .~~.~!~......................................... no...... no CATEGORY: BUDGET IMPACT: X RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION ornER XCONSENT ORDINANCE BUSINESS HEARING FYI Amount Budgeted: $0 Expenditure Amt: $0 Contingency Reqd: $0 ....................................................................................................................................................................................................... ............................................. ATTACHMENTS: January 28, 1998 memorandum from Greg Fewins to Land Use and Transportation Committee; draft resolution ."'....................."...........".."'........'......................................................................................'."."......"....".........'.................................... .........................,........... SUMMARYIBACKGROUND: The Federal Aviation Administration has agreed to conduct a test of a modified south departure route from Seattle- Tacoma International Airport to determine its feasibility if there is concurrence from impacted communities. The purpose of the draft resolution is to show Federal Way City Council's support of the proposed test. ....................................................................................................................................................................................................... ............................................. CITY COUNCIL COMMITTEE RECOMMENDATION: On February 2, 1998, the Land Use and Transportation Committee unanimously recommended City Council approval of the draft resolution. ....................................................................................................................................................................................................... ............................................. ~~ ~~~~ ~~ ~~ ~~~ ~~~: ~i~~~ :~~:::l ~~~~~r~:~~~ ~~:f&IQ~m APPROVED FOR INCLUSION IN COUNCIL PACKET:~' (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED T ABLEDIDEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # dI4:4plttea2. wp DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES January 28, 1998 TO: Chairman Watkins and Land Use and Transportation Committee Members Greg F~, Principal Planner Resolution Supporting a Test Program for Modifications to Seattle- Tacoma International Airport South Departure Pattern FR: RE: Chairman Watkins requested a draft resolution supporting the Federal Aviation Administration's (UF AA") test of an alternative flight pattern for commercial aircraft departing south from Seattle- Tacoma International Airport (USeaTac"). A draft resolution will be provided to committee members in advance of the February 2, 1998 meeting for consideration and action. In 1990, FAA modified the arrival and departure patterns at SeaTac. These modified flight patterns, called the four post pattern, resulted in increased noise impacts to Federal Way by concentrating a south departure route along the 320th corridor. Previously, flights were allowed to depart in a fan shape pattern dispersing noise impacts over a larger area. The City of Federal Way has actively participated in a ad hoc, regional task force to investigate the potential for modifications to the current four post pattern. The task force has developed an alternative that would shift approximately sixty percent of departing aircraft using the 320th route south to the I-5/Port of Tacoma corridor (refer to exhibit A). The FAA has agreed to conduct a test of this modified departure route to determine its feasibility if there is concurrence from impacted communities. Congressman Adam Smith has agreed to send a letter advising impacted communities of the proposed test and solicit concurrence. The purpose of the draft resolution is to show Federal Way City Council's support of the proposed test. Exhibits A SeaTac Departure Routes d14:4post.wp \J . :~.~;';':. :':,.,~ ':'~':'.::" ~'r-"A':~:.':" ~ .:::~< - --- - ~I~~~ ( '32.Þ 1%a. ~ . ..- . ',. .- - - - fk.ofD1\5'þ: ~0DlL (:c-? /~øÇ-~) . . ø , , , ......' ...."" I""" - rOIlT OIlC 370 } DRAFt ;;z¡ 4-19 ~ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, SUPPORTING THE FEDERAL AVIATION ADMINISTRATION'S TEST OF A MODIFIED SOUTH FLOW DEPARTURE PATTERN FOR RUNWAYS 16UR --------------------------------- ---------------------------------- WHEREAS, in 1990 the Federal Aviation Administration made modifications to the arrival and departure pattern of commercial aircraft at Seattle- Tacoma International Airport, now known as the four post pattern; and WHEREAS, modifications to the south departure portion of the four post pattern resulted in increased noise impacts to the residents of Federal Way; and, WHEREAS, in the interest of public health, safety and welfare the City of Federal Way has participated in a regional task force exploring potential modifications to the existing south departure pattern; and, WHEREAS, the task force has proposed an alternative south departure pattern to equitably redistribute the noise impacts from departing aircraft throughout the region; and, WHEREAS, the Federal Aviation Administration has agreed to conduct a test of the proposed south departure pattern modifications to detennine whether the modifications will in fact redistribute noise impacts as anticipated; and WHEREAS, the Federal Aviation Administration will conduct the test only if there is concurrence ftom impacted communities; and, WHEREAS, conducting a test of the proposed south departure modifications will assist in determining the feasibility of the proposed modifications; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. By this Resolution, the Federal Way City Council expresses its support for and concurrence with the Federal Aviation Administration's test of a modified south flow departure pattern. Section 2. The Federal Way City Council understands that the modified south flow departure test pattern will be as follows: RES # PAGE -1 TAKE-OFF RUNWAYS 16UR: Intercept and proceed via SEA R-1S8, cross SEA 10 DME at or above SOOO', then turn west heading 2S0 to intercept and proceed via SEA R-227 to ELMAA INT, then via (transition) or (assigned route). Maintain assigned altitude, expect filed altitude/flight level IS miles from SEA. Alaska/Orient Flights: Turn on course after achieving 3000' and a minimum of five miles. Section 3. The Federal Way City Council requests that the tests begin as soon as possible, and that the Federal Aviaûon Administration provide the results of the test in writing as soon as possible following conclusion of the test. RESOLVED BY THE CITY COUNCn.. OF THE CITY OF FEDERAL WAY, WASHINGTON, this ~ day of . 1998. CITY OF FEDERAL WAY Mayor, Ron Gintz ATTEST: City Clerk, Chris Green APPROVED AS TO FORM: City Attorney, Londi Lindell FILED WITII THE CITY CLERK: PASSED BY THE CITY COUNCn..: RESOLUTION NO. k:\port\:4ps1reso. wp RES # PAGE -2 .._.._.._--~-...~._,~u. . ,.,,'. "..d"',""~~ ~M EN}) e MEETING DATE: February 17, 1998 ITEM# ~ .. """"" ............ ..........." - .....-. ..............". -........... ............ """" .......... """""""""" ...... - ......................... ................. .....,...... ............... """"""""""'" """"""""'.'" CITY OF FEDERAL WAY City Council AGENDA ITEM ..~-~-Ç!!_~~f~_!'.~-~-,!!.q!,!.=-¡;Q-"-~!!'_~~!.!~_~i!!.~~¡'.~_.. CATEGORY: BUDGET IMPACT: ~ _CONSENT _X_RESOLUTION AmountBudgeted: $ .. ~ - ORDINANCE _STAFF REPORT Expenditure Amt: $ _BUSINESS _PROCLAMATION Contingency Reqd: $ _HEARING _STUDY SESSION _FYI _OTHER "'" ........"...... ........, ..............." ............., ........ ........... ............, ...............".. """"""""" - ............. ..........."........... ...". .....,.... ...,.... ...". ........ .................. """".."'.."". . .. ~ IT ~ ~ ~§.:... ~ ~.~.~.C?P.~.~.~~.~~.~~~~~}.. ~g,~~}.!;'. ~~ .~~~~~.~. ~~~~. ~~~g,~ ~!~g,~: ...."............ """""""'.'" SUMMARYIBACKGROUND: 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. 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. The 60 percent petition was received on October 27, 1997 (revised February 9, 1998) and covered only that area north of 369th Street, which is a smaller area than included within the ten percent petition. On November 13, 1997, the City Council and Planning Commission held ajoint public hearing on the OP-4 development regulations (the first public hearing on the OP-4 development regulations). The February 17, 1998, public hearing will be the second public hearing ... ~.~. ~~..Q ~ ~.~ A ~~ ~ A ~ p. ~~~ ~ .~.~~ ~~~~.. ~~.~. P.~~ ~~. ~~~$.. ~.~. ~~..<?~!?-.~!P:Í.~~. ~~.Y.~! ~ P.~~!?-.~.~.~~~~~~:................. ....... ...... ........ OTY COUNCIL COMMITTEE RECOMMENDATION: Accept the 60 percent petition by resolution and direct .. .~~~!~ ..~~~~.~.~. ~ g, ~.~. ~ K. ~~~~~ .~g,. ~.C?~.!~. ~~..~ ~..ç~~ 0/.. ~~~.~.~~~~~.~~.~~:.............. """""""""""""""""""" .....,....... ... g! ¥. .!~!~A, g!!!,.!!!!... ÇQ. MMJ¡:ISP ~ TI Q N,.. ~ ~ ~ =:'. ~ ~......,....... ~ f1. ~ Jø1, APPROVED FOR INCLUSION IN COUNCIL PACKET: (jJjp . (BELOW TO BE COMPLETED BY CI1Y CLERK'S OFFICE) COUNOL ACTION: _APPROVED _DENIED _TABLEDIDEFERREDINO ACfION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # ANNEXINT.RES RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DECLARING AND GIVING NOTICE OF ITS INTENTION TO ANNEX APPROXIMATELY 65 ACRES LOCATED BETWEEN SR 161 (Enchanted Parkway), INTERSTATE 5, MILTON ROAD SOUTH, SOUTH 369TH STREET, AND 19TH WAY SOUTH. 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, the annexation action is exempt from all environmental review pursuant to RCW 43.21C.222; and Res. # , Page 1 WHEREAS, on November 13, 1997 and on February 17, 1998 the City Council held public hearings, after public notice as required by law, on the adoption of zoning regulations f,or the subj ect property, on a proposed CDA between the City and Enchanted Parks, Inc., and on the proposed annexation of the subject property; and WHEREAS, on February 9, 1998 Enchanted Parks, Inc. submitted its Petition for Annexation, attached as Exhibit A hereto. The property to be annexed is legally described and depicted in attachments to the Petition, which contains the signatures of the owners of at least sixty (60%) of the assessed valuation of the property proposed for annexation; and WHEREAS, the City of Federal Way and King County have conducted certain planning efforts as required by the Growth Management Act, RCW 36.70A. Both the County and City of Federal Way have identified the subject property as within King County's Urban Growth Area, and both have previously agreed that the subject property is within the potential annexation area of Federal Way. Most of the property is currently designated Commercial Outside of Centers or Neighborhood Business Center, and most of the property is currently zoned Regional Business ("RB") or Neighborhood Business ("NB".) by King County; and WHEREAS, the City Council finds that it would promote the health, safety and welfare of the citizens of the City of Federal Way to annex the subject property; Res. # , Page 2 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Notice of Intention to Annex. The City of Federal Way hereby declares and gives notice of its intention to annex approximately 65 acres lying adjacent to the eastern boundary of the City of Federal Way, legally described and depicted in attachments to the Petition (Exhibit A hereto) which is incorporated herein by this reference. Section 2. Timin~ of Annexation. The City's annexation shall be accomplished by ordinance, which shall provide for the assumption of a pro-rata share of existing City of Federal Way indebtedness by the area to be annexed. The ordinance may be adopted immediately following execution by the City of Federal Way and Enchanted Parks, Inc. of a pre-annexation, concomitant development agreement in a form acceptable to the parties, and following the City Council's adoption of zoning development regulations applicable to property zoned OP-4. The ordinance shall be effective following passage o£ 45 days from the filing of the City's Notice of Intention to annex as provided in Section 3 below, if no person invokes the jurisdiction of the Washington State Boundary Review Board for King County ("BRB") , or upon the effective date of the BRB's approval of the annexation if BRB jurisdiction is invoked. Section 3. Filing Notice of Intention with Boundary Review Board. Pursuant to RCW 36.93.090, the City Manager and/or Res. # , Page 3 his designee is directed to file a copy of this Resolution with the Washington state Boundary Review Board for King County, together with the City's Notice of Intention to Annex in such form as may be required by the Board, and to take whatever other steps may be necessary to fulfill the intent of this resolution. Section 4. Severability. I f any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section. 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of February, 1998. CITY OF FEDERAL WAY MAYOR, RON GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC Res. # , Page 4 APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. k:\RESO\ENCHPARK Res. # , Page 5 .....,..._~........'.._. ( EXHIBIT Â PAGE--LOF 2. (I{ ESM inc. A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM Enchanted Parks Job No. 163-03-950-006 October 16, 1997 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 "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. 5-0 / 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 recorded 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.1), 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; See attached Exhibit "B". THENCE southeasterly along said southwesterly margin to the POINT OF BEGINNING. Written by: C.A.F. Checked by: R.J.W. \\esm\sys\wrd-proc\legaI\1630304.doc / oj 17/17 720 South 348th Street. Federal Way, Washington 98 Federal Way (206) 838-6113 . Tacoma (206) 927-0619 . Seattle (206) 623-S911 . Fax: (206) 838-7104 . """,,"'-" ,,"...."" .."-..... "',"""""- EXHibiT --A ~ G E Q'F 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 SCALE: 1" = 400' ~ I 0 400 800 PARCEL OWNERSHIP CD ENCHANTED PARKS INC. <3) ENCHANTED PARKS INC. 0 ENCHANTED PARKS INC. ø ENCHANTED PARKS INC. @ KING COUNTY 0 W.S.D.O.T. n ~ 'fy ~ 'P.~~ 0 'S-'J. t:> .Jo" 'b~ 'ß. ~ ~ô'~ '5-b - -<> -;>;. ~1'-.'a ,../~~ <5'Qo~ ::-~ ~ -p 2 28 3 33 ::::-1 I I CD 0 0 V) !f' 9:: if¡ VJQ ~ ~ h I] ESM inc, . 00l ()Ø(IJOC. lAIC) iIMY. IffJ PIÐ{Ct II'IOG[IOT COG111C rJII 720 So, 348th Street FEDERAL WAY. WASHINGTON 98003 PHONE: (253) 838-6113 JOB NO. 163-0.3-950-006 DRAWING NAME: 16.3\0.3\EXH-ANNP DATE: 02-16-98 DRAWN: C,A.F./R.J.B. SHEET' OF 1 MEETING DATE: February 17, 1998 ITEM# ~ tiJ ... "."""""'..""""""""'."""'.'.""'."""""""""""""" ..... ... "'.'."""""""""""'" ...... ..............,...................................... "" ..... """""""""""""""""""""""""""" CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: ENCHANTEDPARKÁNNEXATION - Development Regulations for the Office ...~!.~.~.JQ.~~L~~.~.~...~..ç.Q.!!~Q.I!1.!~!.~.~...~.~.~.~.~QP..I!1.!~~..~9!!!.I!1.!~L..................................................."""""""""""""""""'. CATEGORY: BUDGET IMPACT: _CONSENT _X_ORDINANCE _BUSINESS HEARING -FYI _RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ """"""""""""""""""""""""""""""""""""""""""""'"""""""""""""""""" """""""""""""""""""""""""""""""""""""""""""""'" .......... """""""" ATTACHMENTS: Staff Report with Attachments 1 through 11; Draft Concomitant Development Agreement Ordinance. ......" ............. """"".""""""""""'.""".""".""""""""""""'" ".""""""""""""""""""""""""""""""""" ................,........ """"""""""""""""""""""""""'" SUMMARYIBACKGROUND: 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. 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. The 60 percent petition was received on October 27, 1997 (revised February 9, 1998) and covered only that area north of369th Street, which is a smaller area than included within the ten percent petition. On November 13, 1997, the City Council and Planning Commission held a joint public hearing on the OP-4 development regulations (the first public hearing on the OP-4 development regulations). The February 17, 1998, public hearing will be the second public hearing .. .~.~. ~~..Q ~ ~.~. ~~x~l~p.~~~~. .~~ ~.~!:i.~~.. ~.~ .~. P. ~ ~ ~~. ~~~~.~!:1. . ~~. ~~~!P:Ì.~~. ~~x.~! ~P.~~~.~.8!'.~~~~:.... ..................... ............. OTY COUNOL COMMITTEE RECOMMENDATION: Make a motion to move the ordinance establishing the ... ~.~Y.~~.~.P.E1.~!?t~~ ~.~!i..~~. .f<'>E .~.~. Q.~~..~ .~~.~.,( Q ~ ~.~. ~~.~ 2. .~A .~!?~~ ~.~. !:i.~Y. ~~.~P.~.~!?~. .~ ~~~~~. ~. ~~~.~. ~~~ 8.:.... .. _.QIX.M~~Ag"'.~ÇQ.~N!>.~!!Q~;...~~~~.t~:<: ..§~.!:Ú.~. APPROVED FOR INCLUSION IN COUNOL PACKET: I[Ð (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNOL ACTION: _APPROVED _DENIED _TABLEDIDEFERRED/NO ACfION COUNCIL BILL #I 1st Reading Enactment Reading ORDINANCE # RESOLUTION # 110 ORDINANCB NO. DRAFT d-.//fj9 P AN ORDINANCB OF THB CITY COUNCIL OF THB CITY OF FBDERAL WAY, WASHINGTON, ADOPTING ZONING DEVELOPMENT RBGULATIONS APPLICABLB TO PROPERTY ZONED OP-4 AND LOCATBD BBTWEEN SR 161 (ENCHANTBD PARDAY), IN'l'ERSTATB 5, KILTON ROAD SOUTH, SOUTH 369TH STREBT, AND 19TH WAY SOUTH; AND APPROVING AND AUTHORIZING THE CITY KANAGER TO BXBCUTB A CONCOMITANT DEVELOPKBNT AGRBBIIBN'r. 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 certif ied by the ci ty 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, requir ing 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 # , PAGE 1 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 # , PAGE 2 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. submi tted its Peti tion 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- -' 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 # , 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 II- 16, states that Enchanted Park's Commercial Recreation designation Macknowledges 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 iocation 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 I-5 and SR 161 (Enchanted Parkway). ORD # , 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 # , 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 # , PAGE 6 regulations are consistent with the criteria set forth in FWCC 19- 104 and FWCC 22-523. section 3. Adoption of Development Requlations. 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 DevelQpment 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 3SA.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 # , PAGE 7 hereby ratified and affirmed. section 8. Effecti ve Date. This ordinance shall be effective thirty (30) days after passage and publication as provided by law. PASSED by the city Council of the City of Federal Way this day of March, 1998. CITY OF FEDERAL WAY MAYOR, RON GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC .' APPROVED AS TO FORM : CITY ATTORNEY, LaNDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ORDIN\CONCAGRM.EPK ORD # , PAGE 8 .,. 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 ---Å-- PAGE-LOF ~ 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 Corner 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 Stre.et as shown on the plat of "Regency Woods Division 2" according to the plat thereof recorded 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. 1), 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; See attached Exhibit "B". THENCE southeasterly along said southwesterly margin to the POINT OF BEGINNING. Written by: c.A.F. Checked by: R.J.W. \\csm\sys\wrd-proc\legal\ I 630304.doc 1/ / /0/17 17 720 South 348th Street. Federal Way, Washington 98 Federal Way (206) 838-6113 . Tacoma (206) 927-0619 . Seattle (206) 623-5911 . Fax: <206) 838-7104 TO ACCOMPANY LEGAL DESCRIPTION FOR ANNEXATION A PORTION Of SECTIONS 28, 29, 32 AND 33, lWP. 21 N., RGE. 4 E., W.M., KING COUNTY, WASHINGTON V)~. f}f~ II. ;¿ ~ PARCEL OWNERSHIP CD ENawflED' PARKS INC. 0 ENCHANfrD PARKS INC. 0 ENCHANTED PARKS. INC. 0 ENawITED PARKS INC. @ KING COUNTY @ W.S.D.O.T. .0 SCALE: 1" = 400' ~ I 0 ~OO 800 ~ "(1\. 1'1'Ð-~ Oo.s.Ç}. ~ 1<. 'Y- 'ß<?~ <:::""<"-.0 -,;.' O~ ~r'~~~ t1' ~O'!£. ~'1! ~ 1> (3) @ ø h EXHJr;J~1í A , ""-~ PIJ\C~'~~:'.' A (,"/H':- M. ;¡ :r...o ~ ~ I (I ESM inc. JOB NO. 163-03-950:"006 DRAWING NAI.4[ : 163\03\EXH-ANNP DATE: 02-06-98 DRAWN: C.A.f'./R.J.B. SHEET 1 Of' 1 'eM ~ u. --.." - -.or _IIC IIIIf 720 So. 348th Street F'EDERAL WAY. WASHINGTON 98003 PHONE, (253) 838-6113 EXHIBIT B (please refer to attachment 1 of the staff report) EXHmIT C (please refer to attachment 2 of the staff report) 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 171 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 TABLE OF CONTENTS Page Attachments """"""""""""""'.""""""""""""..........11 I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. Introduction ............................................................1 ReasonforAction .......................................................1 HistoryandBackground ..................................................2 Generallnformation......................................................3 General Description .................................,....................4 EnvironmentalDetermination ..............................................5 Existing Zoning and Comprehensive Plan Designations. . . . . . . . . . . . . . . . . . . . . . . . . . 5 Proposed Concomitant Development Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Proposed Development Regulations for the OP-4 Zone. . . . . . . , . . . . . . . . . . . . . . . . . 11 Costs and Revenues to the City Associated with Annexing Enchanted Park. . . . . . . . . 14 Decisional Criteria ......................................................19 Findings ..............................................................22 Staff Recommendation................................... ................25 Staff Report Page i Enchanted Park Annexation A TT ACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 ATTACHMENT 4 ATTACHMENT 5 ATTACHMENT 6 ATTACHMENT 7 ATTACHMENT 8 ATTACHMENT 9 ATTACHMENT 10 ATTACHMENT 11 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, 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 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 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 J 9- J 04 - 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 ofthe 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 I 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, 1997, 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 1, 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 ] 61 (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 counciJ 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 Staff Report Page 2 27, 1997 (revised February 9, 1998), covered only that area north of 369th Street (Attachment 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 L. Hillis Hillis, Clark Martin & Peterson, P.S. 1221 Second Avenue, Suite 500 Seattle, W A 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 (Attachment 8) .' 282104-9024,282104-9026,234550-0440,721265-2310,& 721265-2350 Approximately 66 acres King County Regional Business, Neighborhood Business, and Urban Residential/R-4 (4 dwelling units per acre) Pre-zoned Office Park 4 (OP-4) on August 1, 1996 Commercial Outside of Centers, Neighborhood Business Center, and Urban Residential 4-12 dwelling units per acre Enchanted Park Annexation Staff Report Page 3 Federal Way Comprehensive Plan Designation: Commerc iallRecreati on 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 Enchanted Park Annexation Staff Report Page 4 from 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. Runoff associated with the development of the first phase of the parking lot, consisting of 393 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 1 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 43.21 c.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 SEP A 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 Enchanted Park Annexation Staff Report Page 5 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 21 A. 04.11 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 ofSR 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 21A. 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 2 J A. 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. Enchanted Park Annexation Staff Report Page 6 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 II-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 for 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.... " VIII. PROPOSED CONCOMITANT DEVELOPMENT AGREEMENT Pursuant to FWCC Section 19-104, the intent of a 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 1- 5 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 Enchanted Park Annexation Staff Report Page 7 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 Arr;cle 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 1,2, and 3 (Exhibit E of Attachment 1). i) Area 1 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 1 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 Staff Report Page 8 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 n~ 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 (UBC) 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.l11. 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 Staff Report Page 9 Enchanted Park Annexation 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 SRl 61, 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. I. Nell' Parking Lot - 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 of393 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 Enchanted Park Annexation Staff Report Page 10 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 benn. 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 confonns 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 pennitted 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: 1. Large and small scale amusement rides. 2. Roller coasters. Enchanted Park Annexation Staff Report Page] ] 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%) oftbe 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 Enchanted Park Annexation Staff Report Page 12 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 Staff Report Page I 3 Enchanted Park Annexation 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 aJlowed 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 conform 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 prope11y. 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, Suml11my, there will be net operating revenues resulting from the annexation of Enchanted Park until the year 2003 when there is a projected deficit of $1,194. Based on information received from the various city departments, no capital projects are planned for the area nor will there be any deferred maintenance. Enchanted Park Annexation Staff Report Page 14 TABLE I VARIABLES CITY OF FEDERAL WAY ENCHANTED PARK Population 75,960 4 Assessed Valuation $3,895,166,213 $3,681,900 Housing Units 27,527 1 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. Enchanted Park Annexation Staff Report Page 15 iv) Surface Water Management Fees - Surface Water Management (SWM) Fees are based on the total impervious surface of a development. Therefore, the SWM fees from 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 Rate 1997* 1998 1999 2000 2001 2002 2003 used in Projecte Projected Projected 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 val uation) 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 $105,1 ) 9 $107,326 $109,602 Revenues * ** Based 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 Staff Report Page 16 TABLE 4 OPERA TING 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 ] .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 $] 0,000 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 Staff Report Page I 7 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 1, 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 ] 992. 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] 8 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 19-1 04(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 ofthe 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. Furthemlore, the November 21, 1995 City of Federal Way Comprehensive Plan designated the Enchanted Park annexation area as CommerciallRecreation. 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 properties: Enchanted Park Annexation Staff Report Page] 9 . 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 Artžcle XIV, Environmentally Sensitive Areas. iii) 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 and/or 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 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 noted for 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.... " 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 Regulationsfor 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 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..... " 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 1. 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 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 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: 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 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. Further, 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-/04(g)(2), staff recommends that the City Council accept the 60 percent petition and direct staff to file a Notice oflntent 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: Cfr¡ø,~ ~ Approved by Gregory D. Moore. AICP ~ 11 Director of Community Development Services: - -" . Date: February 11. 1998 711 ¡-þU I:IENCHTEDW\ST AFFRPTCCJlFebruary II, 1998 " Enchanted Park Annexation Staff Report Page 25 CONCOMITANT DEVELOPMENT AGREEMENT I I . . .... .,. -. _... .... . . . ..' . . -- The City of Federal Way Enchanted Parks, Inc. DATE: 1/30/98 1:\ENCHTEDW\CONCOMAG.CC/Febrllary II. 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. RetaiISa1es.......................................................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. Perimeter Landscaping.................................. ...........11 4.2.6. Extensions of Time ...............................................11 4.2.7. OutdoorUses ....................................................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. Regulation of Amusement Rides .....................................13 8. Future Improvements ..............................................13 8.1. Maintenance and Renovation Activities Within the Developed Area. . . . . . . . . 13 8.2. AmusementRides ................................................13 8.3. ParkingLotExpansion.............................................13 9. Compliance with Other Codes .......................................14 10. TaxMatters .....................................................14 11. ObligationtoAnnex...............................................14 11.1. Failure of Condition..................................... ..........14 11.2. Withdrawal......................................................15 12. General Provisions ................................................15 Concomitant Development Agreement #2806015361-2 LNGI51.DOC 1/30/98 page i of j i 12.1. GoverningLaw ..................................................15 12.2. Binding on Successors; Assignment ..................................15 12.3. Recording.......................................................15 12.4. NoSeverability ..................................................15 12.5. Authority .................................................,.....16 12.6. Term of Agreement ...............................................16 12.7. Amendment .....................................................16 12.8. Exhibits ..................................................,.....16 12.9. Headings .......................................................16 12.10. Integration .....................................................,17 13. Indemnification ..................................................17 14. Compliance .....................................................17 15. PolicePower ....................................................17 16. EffectiveDate ...................................................17 LIST OF EXHIBITS EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT F-l 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 LNGI5!.DOC 1/30/98 page ii of ji CONCOMIT ANT DEVELOPMENT AGREEMENT Enchanted Park THIS AGREEMENT is made and entered into this day of 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"). RECIT ALS Federal Way has the authority under RCW 36.70B.170-.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.14 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 of the 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 1, 1996, of the City of Federal Way designates the property OP-4. Concomitant Development Agreement #2806015361-2 LNGI5!.DOC 1/30/98 A .rrACIIMEN1 '=-1 page I of 19 Page 1 of 19 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 ("SEPA") and the City of Federal Way SEPA 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 SEP A 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 oftime set f0l1h 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 of this 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 of the mutual covenants and agreements contained in this Agreement, the parties hereby covenant and agree as follows: Concomitant Development Agreement #2806015361-2 LNGI5!.DOC 1/30/98 A IT ACHMENT Page 2 ufi 9 1 page2ofl9 AGREEMENTS 1. DEFINITIONS For the purposes of this Agreement, the following terms shall have the meanings set forth below: 1. "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 of the City of Federal Way governing the use and development of land, 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 ofthe 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 Concomitant Development Agreement #2806015361-2 LNG15!.DOC 1/30/98 A TIACBMEN:r - Page 3 of 19 1 page 3 of 19 ("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 19-1O0(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, if BRB jurisdiction is invoked but the review process sustains the petition for annexation, then the City shall lawfully adopt an ordinance annexing the Property subject to 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 of forty- 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 permitted in the OP-4 zone, as set forth in this Agreement and EXHIBIT C attached hereto, shall be permitted 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. Concomitant Development Agreement #2806015361-2 LNGI5'.DOC 1/30/98 A IT AClThŒNT Page 4Oî19 1 page 4 of]9 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 of70', for office use' 55' base height, maximum of 75' for hotels' 35' base height, maximum of 55' for all other uses' 3 125' 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' 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 I' for each I' the structure exceeds the base height above average building elevation. Concomitant Development Agreement #2806015361-2 LNGI5!.DOC 1/30/98 A IT ACHMENT Page 5 of 19 1 page 5 of 19 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 Bas 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 of facilities 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 Concomitant Development Agreement #2806015361-2 LNGI5!.DOC 1/30/98 A ~ A GHMBN+ .L1 .L1 Page 6 of 19 1 page 6 of 19 directed by the Director of Community Development Services, noise and lighting to minimize any impacts to the developed adjacent residential areas. 4.2. Improvements 4.2.1. 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 Concomitant Development Agreement #28060 15361-2 LNG 15 !.DOC 1/30/98 A FfA€HMffiff Page 7 of 19 1 page 7 of 19 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: 1) 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 conformance with the approved drainage study and all other city requirements must be obtained. The City will issue the necessary permits for the Phase I parking improvements within thirty (30) days after receiving the necessary permit 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 IIII 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 of the Enchanted Village/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 Concomitant Development Agreement #2806015361-2 LNGI5!.DOC 1/30/98 A~ - 1 page 8 of 19 Page 8 of 19 . 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 alarm 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 11 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. Concomitant Development Agreement #2806015361-2 LNGI5!.DOC 1/30/98 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 A'}:f þ£ ßMENT , Page 9 of 19 " page 9 of 19 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 of the 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 11 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. A IT ACHMENT Page 10 of 19 1 Concomitant Development Agreement #28060 15361-2 LNG 151.DOC 1/30/98 page 10 of 19 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 1: 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 of the 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 ofthe work. A ITA CHMENT Page 11 of 19 1 Concomitant Development Agreement #2806015361-2 LNGI51.DOC 1/30/98 page II of 19 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 oftbe 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 T, 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, Concomitant Development Agreement #2806015361-2 LNG15!.DOC 1/30/98 Þ.. J:f Þ.. C I:IMEWT - Page 12 of 19 1 page 12 of 19 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 Concomitant Development Agreement #2806015361-2 LNGI5!.DOC 1/30/98 A TI.ACllMENT Page 13 of 19 1 page 13 of 19 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 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-I and EXHIBIT F-2, and Section 4.2.4. The parking area shall 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 of the 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 from 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. A IT ACHMENT Page I4õIT9 1 Concomitant Development Agreement #2806015361-2 LNGI5'.DOC 1/30/98 page] 4 of 19 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 1, 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 ofthis 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. Ifthis 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 of law, then this A 1IA.CHMENf 1 Page 15 of 19 page 15 of 19 Concomitant Development Agreement #28060 1536] -2 LNG 15 !.DOC 1/30/98 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 detennination 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 of the 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, notwith-standing 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, if required 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 A IT ACHMENT Page 16 of 19 1 Concomitant Development Agreement #2806015361-2 LNGI5!.DOC 1/30/98 page] 6 of ] 9 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. 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 of the 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. A IT ACHMENT Page 17 of 19 1 " Concomitant Development Agreement #2806015361-2 LNGI5!.DOC 1/30/98 page 17 of 19 CITY OF FEDERAL WAY, a Washington municipal corporation By Name Title ENCHANTED PARKS, INc., a Washington corporation By Name Title STATE OF WASHINGTON } ss. COUNTY OF KING On this day personally appeared before me , to me known to be the of the CITY OF FEDERAL WAY, the municipal corporation that 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. GIVEN UNDER MY HAND AND OFFICIAL SEAL this - day of ,1998. Printed Name NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires A IT A CHMENT Page 18 of 19 1 Concomitant Development Agreement #28060 ]536]-2 LNG15!.DOC 1/30/98 page 18 of 19 ST A TE OF WASHINGTON } ss. COUNTY OF KING On this day personally appeared before me , to me known to be the 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 ,1998. Printed Name NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires A IT A CHMENT Page 19 of 19 1 Concomitant Development Agreement #2806015361-2 LNGI5!.DOC 1/30/98 page 19 of 19 EXHIBI, 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 ~ PAGE---LOF~ 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-D / 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 recorded 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.1), 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; See attached Exhibit "B". (XPIRE'S THENCE southeasterly along said southwesterly margin to the POINT OF BEGINNING. Written by: c.A.F. Checked by: R.J.W. \ksm\syslwrd-proc\legal\1630304.doc 10//7/17 720 South 348th Street. Federal Way, Washington 98 Federal Way (206) 838-6113 . Tacoma (206) 927-0619 . Seattle (206) 623-5911 . Fax: (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 n SCALE: 1" = 400' ~ I 0 400 800 V>!? Q:-~ C/J!{' i.? ~ EXUI~""Ti A rnHi~.Jd I; --" PIA r" ¡;<-' A." .7' M.d¿~~(~.iø~ (; ESM inC. 'oIl ¡I(I(EK.\IIID \II!IO. OCI NÐm _lOIaJI!U.." (3) ø h 720 So. 348th Street F'EDERAL WAY. WASHINGTON 98003 PHQNL (253) 838-6113 PARCEL OWNERSHIP CD ENCI-WlTED' PARKS INC. 0 ENCI-W(TÊD PARKS INC. 0 ENCHANTED PARKS, INC. 0 ENCI-WlTED PARKS INC. @ KING COUNTY @ W.S.D.O.T. CD ~ 'Y«'. .,:>~-t: 0 ~Q. 11 y 'b'% 'ß. /. 1::;..'-"<"-0 '5- \ °-0 --1". ~1','a ,,-:-.~ ð' ('IO'Y.Á ::/~ ~ -p POINT OF BEGINNING Q) JOB NO. 163-03-950-006 DRAWING NAME: 163\03\EXH-ANNP DATE: 02-06-98 DRAWN: C.A.F.jR.JB. SHEET 1 OF 1 EXH¡S..- A ESM inc. A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM flrt I Enchanted Parks Job No. 163-03-950-006 October 16, 1997 EXH I 8 IT ---Â-- PAGE-LOF ~ 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 recòrded 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 PSH No. I), also being the City of Federal Way Limits ~s defined by King County Code Ordinance No. 8779; THENCE northerly along said easterly margin to said southwesterly margin of Enchanted Parkway; See attached Exhibit "B". £XJ>1A£S THENCE southeasterly along said southwesterly margin to the POINT OF BEGINNING. Written by: c.A.F. Checked by: RJ.W. \\esm\sys\wrd-proc\legal\1630304.doc / () /17/17 720 South 348th Street. Federal Way, Washington 98 Federal Way (206) 838-6113 . Tacoma (206) 927-0619 . Seattle (206) 623-5911 . Fax: (206) 838-7104 EXHIBIT "B" TO ACCOMPANY LEGAL DESCRIPTION FOR ANNEXATION A PORTION OF SECTIONS 28. 29, 32 AND 33. lWP. 21 N., RGE. 4 E., W.M., KING COUNTY, WASHINGTON V)~ f}j~ ;: -:! PARCEL OWNERSHIP CD ENCtWlTED PARKS INC. <â) ENCl-WlTËD PARKS INC. 0 ENCHANTED PARKS. INC. ø ENCHN{fEO PARKS INC. @ KING COUNtY @ W.S.D.O.T. n SCALE: 1" = 400' ~ I 0 .00 800 ~ "<,,- 1)~~ 0 'S-C!\ 1b 'b ~. ~ ~\J'~ 'S-b - -0 --y. ~1"-..~ "'/~f~ <1' "-o"Y,c.. ~~ ~ 1> (3) 0 CD h EXH~~~1r~~A PAGŒ~~(Ci ~ (I] ESM inc. 720 So. .Heth Street FEDERAL WAY. WASHINGTON 98003 PHONE: (253) 838-61 13 JOB NO. 163-03-950':"'006 DRAWING NAME: 163\03\EXH-ANNP DATE: 02-06-98 DRAWN: C.A.r./R.J.B. 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I fít\', , ,I l,_' ',,¡I', " // '/.~.' ~~(.I~,-j \J.v -;~"~t-:~'!,,, "I'~' t)//~ ~ -"--1ì '\ I t, r ,;:.--.1 /1~ì!ì ' /'I,II!!II' ,-I /1 *1* Ilf" r~"AãJl,~","~" -'L?~J:,t,',,/\ \, ¡:"", 4/,f1,',;{ CÆb)g, i \~t(îf1.~rW.\~;-'~¡~~~:~,~"f/;>1 ì ~\{l=,')1~¡ CD \ "\:~,t~Æ\ : 1 \\ I; ~~!I /(~! i) ~\\ ~$,t:.~L,1 -J::jí1 $ ¡r~-:'-¡'...:r (Œ;:'--1 \', ,i /1" /,',',1,',// . - \\\ \( ,-(I 'I~, t, ,-\" . I II: ~ i I J' r ~ " ,,---- ~ II ~~è>S~ m II"---:",~" / ,d //' >< ~ \ ~\~f,'~fA,;,[f,~,;,!,~~,~~,Y3 ¿~,"~, ~'/I,:,!,' 'Ii W ¡ \~ T!lìì;r!%l~"~~',;~';::,",lT--~,'(: -,,'JJlY,/ Al? Ü ,/---'::~~ \\:~ \ /~~> ' /\' :.,' , THrr / l.lil/ / ---:,,".~\ ,^,t"I,..., ,) '\ ", \" ,: ~ilI¡ "Ji// // .,.,.... , , ,\ /, ,\J "" I ,/7~ ,J -//.. .Ær-------,---! \\\' ,'\\ ,\,",:\ " l /,/1/ :~I;'--'-~-- / I IIi II! : ~'\; " \\ \. '\ 1 \,:,:,'::\,:\" I , i , ,/'/ :~!,' ",j "I if- .' ,\'\\', ','\'::\'/¡í/ !j,;j~ N.! Ii \\' ,\ '",",':'" .'f¡',' ;o;!"",;,\",, -" ,I \"\" "'A /" ~,):'I)\'" ~~' " '\ ", :d" ,//,' ""'"",',;" i" "r ~\\.. "" /-</' ~~,:"",,,". '. ¡ \>\',v""-<' // ,'l' D-¡~~: ~j~; " I /~:~ "t\ -: 1",' //:' 010';" ".; ;~'\\!' I. \~\ ,'~ // ,/,/ I¡1~¡ , \" if Ii ,1¡, , \ // ,'~/ )11 ~," , \:: '!: "~\,'/ ,--.:;::' ,UJ"":W,~ \\ j- " ¡~, ' ,,/;;,- >, ¡ "ife ' ; //' I' ~~ // ',"~" j ~~ , ,,'w / / ..' EXH I BIT '3 PAGE-'--OF --' 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: 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 of 4 EXHIBIT C PAGE-LOF ~ 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. ACceSSOlY Uses. The following accessory uses shall be reviewed using that process associated with the permitted use to which it is attached: 1. Warehousing and distributing, secondary to permitted primary uses provided such use does not exceed 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 4 EXHIBIT C. PAGE ~ OF J4- 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 proc~dures 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 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 : 1. 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. ENVIRONMENT ALL Y 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. PAGE--3-°F-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 areas) 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 22-1601. 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 22-1601 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 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. IIENCHTEDWIEXHIBITCCCIFebruary 6, 1998 Exhibit C Office Park Zone (OP-4) Development Regulations page 4 of 4 EXHIBIT G._--~..~ PAGEAOF 4- . / / / .., ~m Ci)~ m- ~.~ 0 f Total Spaces Tolal Van Accessible Spaces I TOI.11 Car Accessible Spaces \ Total Accessible Spaces I 28 Existing Parking I New Parking Lot on Parcel V Total 1755 1065 2820 4 24 18 42 21 49 ENCIWI1ED 1",6II(,& »tE><Al E h . b . t ""'"""'0 '",""",e, ONe, ::::~::::Yoœr" t/b ~AL'~.Ð' I I ".,...,...,.,. ~ D PARKING I -"i::~=':::r::ï..= ::~~~:,.~ :¡¡ u \;;:; t ~ æ ¡,; ~ ð! ð.~ i 1 .g ~ .-. ~ J! .n ~i è t .¿"- . ;; E Ë o. E ~ ð~ ~ H .. ~ à: b à: :~ "E - 0( . z; b ;., ;., ~ ~ ;¡; I ~.I Mh ~u~]~: ~E E.~ q¡ f.~i..š~~ i.2i i~ j j j.2 :~ .~ t~ ä~ -!' E :~~ E ~ ~ ,~ '; 'õ 'õ L~ h ;¡ . .;¡ "".~ ~ ë,~ 0 E,~ î. ~ î..š:§.~ ! ~! J!. j j fJ2 ~ :-:; ~ :~ ;:-. r,> ~ LU o~ ~l N '..:t: UJ æ 0:( ~ 0:: 0:( ,- '" .~~- ,~ ' "- <', "'" ~~~~ EXHIBIT ~ PAGE--LOF' .~ CL ¡ II \ ~ \ 0:( \.0 ~:: 1[' t, II <:1; IIIJlII lJJ P'¡li!) 0: \ ~) 0:( ';I[¡\ I~d ; (f) i'1' I ;:: 0 1- U 0:: }- (f) UJ UJ n:: t:: }- (I) :I: :r: 19 X w W :I: "<¡> ~ '- ,,¡ -' ., " 0" g - \: '" :1"" ;j :J~ ':i~g" ...J-<ß" ::~ug ;ð~J~ O:I¡;U ~&-5 ~~b¡; ~ 7'., g~",::', ...J 0:-' ~"' ~¡r: G ~ ~ ~ l~ :1 ~ ~~;¡ ,-,:i, ~ ",n..1 ,{ ~ 1\1 ~ IL 1 - a ~~~. I~ Ii, \.>;> ~ ~ (-,,~ Ó Ù ~ ;'~ i'.J ~j~:i' ~ [, " ~ Ú~ .r.~ O" 0" \),0 ,- ,. ((" l~ -- . ./ EXHIBIT F + " Drainage Improvements - Water Quality Analysis (Summary - Full text is available at City Hall) #7300915361-2 IKCIOI!.OOC 11/03/97 a:XHISIT L~ PAGE-.. --LoFn --- 11/83/1997 12:25 253-661-8099 ENŒlANTED PARKS EXEC PAGE 02 1 1 J ] ] ] ] ] J ] ] J ] ] I I I I 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 StOrms. History The Enchanted Village site is approximately 47.1 :t acres 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 surrounding the lake is being overtopped during winter rainstorm events. The maintenance staff has been using a pump periodically (approximately eveI)' 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 ParkslWild 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 penn anent 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 to bring the site into compliance with cummt 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 existing low points to provide additional storage, or pumping Mud Lake to a lower elevation than has historically been done, etc.). 3. EXHIBIT ~._- PAGE-.LOF1L NOV-03-1997 11:33 253661 B099 98% P.02 . 253-661-8099 ENCHANTED PARKS EXEC PAGE El3 11/El3/1997 12:~5 ] ] ] ] ] ] ] ] ] ] ] ] ] ) I Drainage System Analysis Revised October I, 1997 Page 2 4. Develop time/volume relationships 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 ¡ncrease ¡n peak flow to Hylebos Creek. Perform field topographic survey of existing wetland area to allow hydraulic analysis of storm water which would back-up from the Regency Woods detention pond if the water swface elevation is allowed to raise. Perfonn analysis of stonnwater as it flows through the inventOried Class 1 wetland and into the detention pond to determine whether it creates a potential impact to the wetland. B-twelve Associates will peñonn a field investigation of the area to determine 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 affC(:t property and water courses downstream oCthe discharge site. s. 6. 7. 8. 9. GENERAL INFORMATION 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 Reference Manual dated November 1996 was utilized for the analysis. Storm events modeled included the 2-year, 10-year, 2S-year, and the 100-year stonns. The project location per Figure m-4 is Seatac with a scale factor of 1.0. 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 permeability of 10,000 minutes per inch was assumed. This is a conservative analysis, but due to the effort it would take to determine an infiltration rate, this assumption seems reasonable for the analysis. Scope of Analysis 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: 1. Analyze Enchanted Parks/Regency Woods drainage basin for existing conditions after the original Regency Woods development, but without the pumping of stonn water from Mud Lake. This will be used as a basis (0 determine the effects of existing and proposed pumping conditions on the wetland. EXH I B rr L- --_. PAGEiOF-1L NQU-03-1997 11:34 253 661 8099 9B% P.03 11/83/1997 12:25 253-661-81399 ENCHANTED PARKS EXEC PAGE 134 ] ] ] ] Drainage System Analysis Revised October 1, 1997 Page 3 EXHIBIT ~- P AGE.lL 0Fii--.. ] 2. Analyze the basin with the inclusion of the existing pumped discharge from Mud Lake. This will indicate any additional depth of the storm 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 detennine the change in depth of flow through the wetland and existing 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 existing and developed conditions will be compared as to the existing 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 I and II 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 expansion.) ] ] ] Flow out of the wetland is the fourth point of analysis. The wetland will be analyzed to detennine 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 stonn 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. ] ] ] I 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 D I 8C), a "bounded" approach to th is connection point is a realistic approach. The upper limit is to model the flap gate closed. with the wetland and the detention pond as separate storage structures. The 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 benn separating the wetland and the Regency Woods detention pond. At that point. outflow is NQU-03-1997 11 : 34 253 661 8099 98% P.04 U/I::.;/l ';':u 1:¿:25 253-óól-!:I:';'; t::.Nt;HAN II:.V PARKS ~C . PAGE a5 I 1 1 1 ] 1 ] ] ] ] ] ] ] ] ] ] ] ] I Drainage System Analysis Revised October I, 1997 Page 4 calculated as a weir overtopping into the detention pond. The lower limit is to model the flapgate 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 of both elevation and flow comparisons. ANALYSIS Basin A~is Please refer to the attached basin maps in Appendix D for reference to each oftbe sub-basins. Basin 1 The tOtal Basin 1 is that area which drains into Mud Lake. It is the total of sub-basins 1 A. 1 B, 1 C and ID. Basin lA Basin lA is the frontage of Milton Road South and that portion of 1-5 that drains toward Mud Lake which consists of approximately 1.35 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 D 19) to clarify the basin limits. It is assumed that the existing conditions and the developed conditions are the same. If improvementS are made along Milton Road Soutb, it is assumed that mitigation for water quantity and water quality will be required. .' Impervious Interstate 5 720 If x 25 feet of pavement (14' lane with shoulder) = 18,000 sq. ft. Milton Road 2100 If X 22 feet of street width = 46,200 sq. ft. Jess 500 If" 11 feet of crowned pavement section near the hi point and southerly - 5500 sq. ft. Total impervious:::: 18,000 + 46,200 - SSOO :: 58,700 sq. ft. - 1.35 Acres Pervious 2900 If x 70 feet wide III 203,000 sq. ft. = 4.66 Acres Basin 18 Basin IB 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 witbin this sub-basin. ~J{HIBIT3 ~AGE---5..0F ~ NOV-Ø3-1997 11:35 253 661 8099 97% P.Ø5 11/83/1997 12:25 253-661-8899 ENCHANTED PARKS EXEC PAGE- - 86 1 ] ] ] ] ) I I Drainage System Analysis Revised October I, 1997 Page 5 EXHIBIT F- PAGE--'-OF 2. ,- Existin~ Conditions The site of Enchanted Village/Wild Waves is primarily developed with recreational facilities. 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 tbe requirementS of KCRTS. Developed Conditions . Enchanted Parks is proposing to redevelop certain areas within the site. Proposed new facilities include 8 hotel; restaurant and conference facility, office building; and indoor family fun center (see attached Appendix D). 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 I DO/OJ 0 Snack Bar 0.16 100/0. 16 Total: 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 of 33.26 + 3.08 == 36.34 acres ofimpervious) and 10.79 acres of till grass (slight changes in the ultimate areas to be improved would have little or no effect on final results of the runoff analysis). Basin 1 C Basin IC is the western portion of the Enchanted Woods P.U.D. that currently drains toward Mud Lake. Existin2 Conditions - The sub-basin consists of approximately 3.50 acres (381 feet by 400 feet) offill forest. NOV-03-1997 11:35 253 661 8099 97% P.06 J ] ] ] J J" J .J 'J -J ~J -J J l J 1 1 ~ ~ r r 11/83/1997 12:25 253-661-8899 ENCHANTED PARKS EXEC PAGE 87 Drainage System Analysis Revised October I, 1997 Page 6 .' Developed Conditions The su\)'basin will consist of approximately 3.50 acres of impervious and approximately 0.52 e.cres oftHl grass. These areas are per the Wild Waves parking lot Phase I engineering plans by ESM dated September, 1997. Basi.. ID Basin 1 D is that portion of Regency Woods Div. I near the eastern boundary of Enchanted Parks that currently drains toward Mud lake. The su\)'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 SSO lineal feet by 80 feet wide) of till forest. Basin 1 Existing Conditions Basin 2 is the eastern portion of the Enchanted Woods P.U.D. that currently 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 performed 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. In the existing condition, this sub~basin consists of approximately 7.96 acres ( 11.46 acre parcel less sub-basin IC 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 (11.46 acre Parcel less sub-basin lC developed of 4.02 acres). The impervious area is 6.70 acres (90% impervious rate for a . proposed parking lot of 7.44 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 Encha!1ted Parks proposed pumping alternative. Basin 3 The total Basin 3 is that area which drains into the detention pond within Tract E of Regency Woods. It consists of combining sub-basins 3A and 3B and 3D. Basin 3C is the wetland itself and is upstream of the detention pond. E~ÄHIBIT J PAGE~OF-2L NOv-03-1997 11: 36 253 661 BØ99 P.07 97% 11/03/1997 12:25 253-661-8099 ENCHANTED PARKS EXEC PAGE 88 .J ] ] ] ] ] ] ] ] ] ] ) ) I I I Drainage System Analysis Revised October I, 1997 Page 7 Basin 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 54/11.46 or 4.71 DU/acre. Per table 3.5.28 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. Basin 3B Basin 38 is a portion of Regency Woods, Division 1. Per the Enchanted Woods P.U.D. calculations, SWM Variance L93VOO91, the total area is approximately 15.36 acres (Lots 1-33, 170-178,184-186,217-220. Part of Tot Lot). The dwelling unit per acre calculation is 50/15.36 or 3.26 DU/acre. Per table 3.5.28 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 of impervious) of till grass. Basin 3C Basin 3C is the wetland or Tract "F" within the Regency Woods development. It consists of approximately 4.3 acres of wetland. Basin 3D Basin 3D is the detention pond or Tract "E" within the Regency Woods development. It consists of approximately 4.0 acres of impervious. Please note that this would probably be considere4 more wetland than open body ofw8ter, 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. Storage Facilities Analysis Mud Lake Existing Conditions Based on the field survey dated May 25. 1994 and computer modeling using Softdesk sitework design software (see developed contour map, in Appendix D), Mud Lake was detennined to have the following characteristics: :~J(HIBfT j: . ;~'A G E --'- 0 F~z.L NQV-03-1997 11 : 36 253 661 8099 97% P.Ø8 11/83/1997 12:25 253-661-8899 ENCHANTED PARKS EXEC PAGE 89 Drainage System Analysis Revised October 1, 1997 Page 8 I I I I I I I I I I I I 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) 0.01 210.00(b) J.l 10 (c) 997. 108514. 2.01 212.00 1.1 10 (c) 230534. 121023. 3.00 212.99 1.1 10 (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 Reservoir Elevation 10000.00 Minutesllnch: Average Penn-Rate (a) Interpolated betWeen elevation 208.0 (with area 90,718) and 2 I 0.0. (b) Per field observation by ESM staff and City of Federal Way staff on July 18, 1997, the existing pump currently starts at elevation of210.0 (+/-). (c) Note per the pump curves, the flow was approximately 1.11 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. (f) 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. 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 minutes/inch. 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 Softdesk sitework design software (see developed contour map in Appendix D), Mud Lake was dctennined 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 P AGE.!L 0 F-2.L .' NOV-03-1997 11:"37 253 661 8099 97% P.09 11/63/1997 12:25 253-661-8899 ENCHANTED PARKS EXEC PAGE 18 ] Drainage System Analysis Revised October I, 1997 Page 9 1 .. ] ] ] ] ] ] ] ] ] ) ] ) I I I I I One Outlet Reservoir Routing File Stage Elevation Discharge Storage Perm-Area (Ft) (Ft.) (CFS) (Cu-Ft) (Sq-Ft) 0.00 201.99 0.000 o. 90622. (a) 0.01 208.00(e) 0.750 (b) 907. 90718. 2.01 210.00 0.750 (b) 200139. 108514. 4.01 212.00 0.750 (b) 429676. 12J023. 4.51 212.50 0.750 (b) 491J44. 124847. 5.01 213.00 0.750 (b) 553763. 125630. 6.01 214.00 Cd) 0.750 (b) 681327. 129497. 10.01 218.00 (e) 0.750 (b) 1200321. 130000.(f) 207.99 Ft : Base Reservoir Elevation 10000.00 MinuteslInch: Average Penn-Rate" (a) Interpolated betWeen elevation 206.0 (with area of 71 ,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 me water slide pool steps. (e) Maximum water surface elevation is defined as the top of the concrete steps to the mechanical room, without freeboard. (f) 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. EXHIBIT -F PAGEJt10FU-- NQU-03-1997 11:37 253 661 8099 97% P.10 ] ] ] ] ] ] ] ] ] ) I I I I I I I I I . .j 11/e3/1997 12:25 ENCHANTED PARKS EXEC 253-661-8e99 PAGE 11 Drainage System Analysis Revised October 1, 1997 Page 10 PUD Site Developed Conditions Based on the preliminary design plans by ESM for the Wild Waves parking lot e:'tpansion plans (see exhibit G3) and computer analysis, the future detention pond for the POD site was detennined to have the following characteristics: . (One Outlet Reservoir Routing File) Stage Elevation Discharge Storage Perm-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 10000.0 Minutesllnch : Average Penn-Rate a). The goal is to match the existing 100 year flow from the POD site plus 0.5cfs increase due to the Enchanted Parks developed conditions. b). For calculation of how the orifices were sized & discharge determined, refer to appendix G4. c). There is 53,666 Ft3 of storage available below elevation 224 that is reserved for water quality requirementS (wetpond) 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". f). The 15" diameter riser overflow elevation will be at 236.6. g). The top of the berm is at elevation 237.2. h). An emergency outlet from the pond will be provided via a 15" ductile iron pipe at flat grade at elevation 236.6. EXHIBITj PAGE..1LOF 11.- NQV-03-1997 11 : 37 253 661 BØ99 97% P.ll I 1 1 ] ] ] ] J J ] ] ] ] ] ] ] J 11/83/1997 12:25 253-661-8899 ENCHANTED PARKS EXEC PAGE 12 Drainage System Analysis Revised October t. 1997 Page 11 Proposed Temporary Conditions Based on the natUral detention area already existing on the PUD site (see exhibit OS) & a proposed control manhole to be constructed with Phase I of the Wild Waves parking tot expansion, the proposed temporary detention Pond for the PUD site was detennined to have the following characteristics: (One Outlet Reservoir Routing File) Stage Elevation Discharge Storage Penn-Area (Ft) (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 O.610(c) 88170. 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 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 inract & only the first orifice will be replaced (1.94" rather than 4"). b). The second orifice will be constructed at elevation 232 & will be 3.1 t.. to match the design of the future detention pond. e). The orifice equation of Q=CA (2gh)0.5 where C=O.62 A=O.O873 feet and g=32.2 was. used to calculate the discharge. Please see exhibit 06. EXHIBIT F PAGEJAOF n... NDU-03-1997 11:38 253 661 8099 97% P.12 11/83/1997 12:25 253-661-8899 I I I J ] J J J ] ] ] ] ] ] ] J J ) I Drainage System Analysis Revised October I, 1997 Page 12 Wetland . ENCHANTED 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 detennined to have the following characteristics: With Orifice Outlet (Flapgate Open) (One Outlet Reservoir Routing Fåle) Stage Elevation Discharge (Ft) (Ft) (CFS) 0.00 213.00(a) 0.000 1.00 2) 4.00 2.200 (b) 2.00 215.00 4.200 (c) 3.00 216.00 5.400 (d) 4.00 217.00 6.400 (e) 213.0 Ft: Base Reservoir Elevation 10000.0 MinuteslInch: Average Penn-Rate StOrage (Cu-Ft) o. 39235. 107624. 187071. 276712. Penn-Area (Sq-Ft) 15898. 62572. 74205. 84689. 94593. -. (a) 12" cmp. Invert out. (b) Inlet Capacity of 12" çulven 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/dz:J (e) hw/d=4 With Weir Overflow (Flap~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 Fe: Base Reservoir Elevation 10000.0 MinuteslInch: Average Penn-Rate NQU-03-1997 11:38 253 661 8099 Storage (Cu-Ft) O. 39235. 107624. 187071. 275500.(c) 276712. Perm-Area (Sq-Ft) 15898. 62572. 74205. 84689. 93697. 94593. EXHIBIT' r: PAGEJ!OF -&~ 97% P.13 11/63/1997 12:25 253-661-81399 ENCHANTED PARKS EXEC PAGE 14 Drainage System Analysis Revised October I, 1997 Page 13 (a) Discharge would only occur at top elevation 217.00. Weir fonnula: Q=2I3L(2gH3)0.S,where tICIO' and H=O.2S'. Therefore, Q=6.4 cfs at elevation 217.00. (b) Interpolated betWeen elevation 216.00 and 217.00. (c) Estimated. Detention Pond Based upon the Engineering Calculations from the Enchanted Woods P.U.D., SWM Variance No. L93VOO91 dated October 10, 1993, the detention pond volumes and the orifice schedule of the outlet structure were provided. From this infonnation, II discharge rate at respective elevations was calculated (see exhibit DI4A, B &. C). From this infonnation, it was detennined 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 1.00 214.00 0.930 2.00 215.00 1.260 3.00 216.00 (b) 1.660 4.00 217.00 (c) 2.080 Storag (Cu-ft) O. 69975. 167583. 270895. 379645. 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 212.51. The stage- storage relationship has been maintained for modeling purposes betWeen elevations' 213.00 and 217.00. Please see the narntive in the downstream analysis. . (b) Design water surface for 25 year stonn with 5 year release rate (c) Overflow elevation of control manhole Combination Wetlaad aad DeteatiOD 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 còmbined wetland and detention pond has the following characteristics. EXHIBIT 3 . PAGE14--'OF t'- NOV-03-1997 11:39 253661 8099 97% P.14 11/83/1997 12:39 253-661-8899 J ] Drainage System Analysis Revised October I, 1997 Page 14 J (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 Ft.: Base Reservoir Elevation 10000.00 MinuteslInch: Average Penn-Rate ] J I I Alternatives for Mud Lake Jøcreued Storage Alternative ENCHANTED PARKS EXEC PAGE 82 Storage (Cu-Ft) O. 109210. 275217. 457966. 656357. Penn-Area (Sq-Ft) 60998. 157422. t 74580. 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 on the wetlands asso<:iated with it. Because construction of vertical walls is not practical, other alternatives such as dredging the lake bottom 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 altemative 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 excavation or significant disruption to the lake bottom or existing vegetation 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 evaporation to dispose of the stored runoff. Pumping runoff from the lake would be a more reliable. long term solution, and would not rely on maintaining infiltration 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 flexibility for accommodating future increased runoff volumes. NOV-03-1997 11:47 253661 B099 " EXHIBIT F PAGElLOF ~ 9B% P.02 11/03/1997 12:39 253-661-8899 ENCHANTED PARKS EXEC PAGE 133 I D D ] ~ ] Drainage System Analysis Revised October I, 1997 Page 15 EXHIBIT 1---1- .-. - PAGEllLor; &- The maximum water surface 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 100 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. Following is a summary of the flow and elevation comparisons for the 100 year events. Comparison of 100- Year FJowslStage - Mud L2ke ADalysis ) FJow(cfs) Elevation( feet) I Existing Conditions With Existing Pumping 1.11/2.22 File name: exout Developed Conditions With Developed Pumping 0.7S 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 2 I 0.0 (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 nannal 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 I 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. Dowautream Analysis 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 plat. 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 the flapgatc betWeen the wetland and the downstream detention pond is closed due to water storage in the detention pond. The 14" concrete culvert has a capacity of 3.6 crs with inlet control. Please refer to Appendix B I, page I and 2. NOV-03-1997 11:47 253 661 8099 98% P.03 11/e3/1997 12:39 253-661-8899 ENCHANTED PARKS EXEC PAGE 84 J ] ] ] ] ] ] ] ] ] ] ] ] il Ù Drainage System Analysis Revised October I, 1997 Page 16 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 Hylebos Creek. There is no additional flow entering this line beyond the outlet strUcture of the detention pond. Per exhibit 021, an excerpt from the stonn water hydrology, plat of Regency Woods Division 1 & 3, prepared by Stepan &. Associates, the 10 year calculated flow was 5.58 cfs and the 25 year calculated flow was 8.26 cfs. An error appears to have been made when sizing the 18" cmp. The 10 and 25 year flows were added together for capacity sizing of 13.84 cfs. Therefore, there appears to be sufficient capacity downstream of the detention pond to the Hylebos Creek. POO Site The analysis is based on the four conditions as presented below: Comparison of 2-year FtowsiStage-PUD site Flow (cfs) Elevation (feet) Existing Conditions without existing pumping File Name: 2-tsf Existing Conditions with exiSting pumping File Name: leKl Developed Conditions with developed pumping File Name: pudesouusf Temporary Conditions with developed pumping File Name: pudexout.tsf 0.221 1.33 0.795 11.08 0.775 9.32 ComparUon or lo.year Flows/Stage-PUD site Flow (cfs) Elevation (feet). ExiSting Conditions without existing pumping File Name: 2-tsf Existing Conditions with existing pumping File Name: lexl Developed Conditions with developed pumping File Name: pudesout.tsf Temporary Conditions with developed pumping File Name: pudexouusf 0.385 2.SS 0.904 12.20 0.852 9.93 D ß Ð U EXHIBIT1 . PAGEi1 OF 2.1 NOV-03-1997 11:4B 253 661 BØ99 98% P.04 J' J J 11/63/1997 12:39 253-661-81399 ENCHANTED PARKS EXEC PAGE as Drainage System Analysis Revised October I, 1997 Page 17 Comparison of IOO-year Flows/Stage-PUD site Elevation (feet) Flow (cfs) ] ] ] ] ] ] ] ] ] I I I \ I Existing Conditions without existing pumping File Name: 2-tSf Existing Conditions with existing pumping file Name: lex2 Developed Conditions with developed pumping File Name: pudesouusf 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 Parle 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 ft3) for the PUD site. This is an oversize of 440%. When comparing the release of 0.938 cfs for the 100-year stonn event for the developed conditions with developed pumping and the existing 100-year flow from the PUD site of 0.642 cfs, the difference is 0.296 cfs. If the Enchanted Parks and the POD 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 100-year storm eventS. The developed condition with developed pumping also provide 0.66 feet (100-year elevation == 12.54 + 224 = 236.54) 0.66 feet of freeboard from the 100-year storm event and 1.0 (10-year elevation = 12.20 + 224 >= 236.2) 1.0 feet offreeboard for the lo-year storm event. Please see the engineering plans in exhibit 02 showing a tOp of berm freeboard elevation of 23 7.20. . In the temporary conditions with developed pumping from Enchanted Parks (developed conditions for both Enchanted Paries 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 . elevation &, location of proposed control manhole at the completion of Phase 11 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 JOO-year elevation of the pond for the temporary conditions is 9.95 + 218 == 227.95 and the I DO-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 f. PAGEJt OF a-2-- NOV-03-1997 11:48 253661812199 97% P.Ø5 : j I . . I D I 8 a ~ ] ) J I I I }~/e3/1997 12:39 253-661-8099 . ENO-IANTED PARKS EXEC PAGE 06 Drainage System Analysl:> Revised October 1, 1997 Page '8 Wetlaad Since it was agreed that mitigation measures for the wetland 'wiJI 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 impactS 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 (or the two year event The difference of stage elevation for the existing pumping conditions (combined facility) for the two-year event (2.46 feet) and, as shown in the tables below, the stage elevation for the developed pumping conditions (or the two-year event (1.8 I feet) is an improvement, over existing conditions. Even when considering the difference of the Stage elevation for the existing pumping conditions (combined facility) due to the 10O-year event, me 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 increase 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 events: Comparison of 2-year Flows/Stage - WetlaDd Analysis Separate Detention Pond and Wetland" (with weir overflow - ß:¡pglue closed) [worst case scenario] Wetland Existing conditions without existing pumping File name: f23cwet Existing conditions with existing pumping File name: fJex2wet Developed conditions with developed pumping File name: fIdev2we Flow Cds) Elevation (feet) 0 2.07 1.28 3.99 0.768 3.99 Detention Pond Regency Woods through detention pond File name: 3abdrd 1.06 1.40 f~2J{HIBIT ~ ';:~;'I\GE1!-OF ~------ NQU-03-1997 11:49 253 661 8099 98% P.06 ]" J J ] ] ] ] ] ] I I 11/~~/l~~' lL:3S 253-551-se99 ENCHANTED PARKS EXEC PAGE 137 Drainage System Analy!.-- Revised October I, 1997 Page 19 Separate DeteDtioD PoDd and WetJandU(witb orifice outlet~ßap gate open) ExiSting conditions without existing pumping File Name: 23cwet Existing conditions with existing pumping File Name: J ex2wet Developed conditions with developed pumping File Name: Idev2wet Flow (cfs Elevation (feet) 0.211 0.10 1.31 0.60 0.788 0.36 Combined DeteDtioD PoDd aDd WetlaDd**(with 12" equalizer pipe) {probable .tcenario} Existing conditions without existing pumping File name: tote Existing conditions with existing pumping File name: totexpc Developed conditions with developed pumping File name: totdevpc ComparuoD of 100 year Flows/Stage - Wetland Analysis Flow (cfs) Elevation (feet) 0.996 1.20 1.44 2.46 1.20 1.81 Separate DeteatioD Pond and Wedandu (witb weir overflow ~ flap~ate closed) (worst case scensno) Wetland Existing conditions without existing pumping File name: f23cwet Existing conditions with existing pumping File name: f)ex2wet Developed conditions with developed pumping File name: fldev2we Detention Pond Regency Woads through detention pond File name: 3abdrd NQV-03-1997 11:49 253661 8099 Flow (cfs) Elevation (feet) 0.90 3.99 3.46 4.00 1.41 3.99 I.S 1 2.63 EXHIBIT F P A G E.:JQ. 0 F~ï_l- 97% P.07 11/63/1997 12:39 253-661-81399 ENCHANTED PARKS EXEC PAGE 88 JI Drainage System Analysis Revised October I, 1997 Page 20 21 J J ] J ] ] :I ] ] ] J I I I Separate Detention Pond and Wetland *. (with orifice outlet - nap gate open) Existing conditions without existing pumping File name: 23cwer Existing conditions with existing pumping FiJe name: lex2wet Developed conditions with developed pumping File name: Idev2wet Flow (cfs) Elevation (feet) 0.86 0.39 2.68 1.24 1.30 0.59 Combined DetcotiOD Pond and Wetland**(wJth 12" equalizer pipe) {probable scenario) Existing conditions without existing pumping File name: tote Existing conditions with existing pumping File name: totexpc Developed conditions with developed pumping File name: totdevpc Flow (cfs) Elevation (feet) J.41 2.38 2.34 4.61 1.68 3.05 UThe 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 that when comparing the elevation in the wetland with weir overflow and the detention pond elevation, the elevation of the 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 stonn events reaches 3.99'. the weir is able to handle the stonn events by overflowing the benn 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 evaluate potential impacts due to additional runoff from the Enchanted Parks property. 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 occurred. Wetland "A" appears to have been altered from its NQV-03-1997 11:50 253 661 8099 fXHIBITÝ P.A G E -'Ii 0 F -ZL 97% P.08 ~~/~~/1~~1 12:39 253-661-8e99 ENCHANTED PARKS EXEC PAGE 09 j j Drainage System Analys. Revised October I, 1997 Page 21 j J ~ J ~ ~ ] ] ] ) I original bog plant community from a combination of the development associAted with the Regency Woods Division 1 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 chemisny and depth of inundation at this time." Detention Pond This analysis is based on using KCRTS and modeling the la-year design storms, 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 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 correct scenario. following is a summary of the flow and elevation comparisons for IO-year eventS. Comparison of H)-year Flows/Stage - Detention Pond Analysis Separate Detention Pond Ind Wetland (with orifice outlet-flap gate open) (worst case scenario} Existing condition without existing pumping File Name: 23exout Existing condition with existing pumping File Name: lex23rd Existing conditions with developed pumping File Name: Jdev23rd Flow(efs) Elevation(feet) 1.39 2.32 2.19 4.27 1.72 3.15 I Combined Detcntioa PoDd and Wetland (with 12" equalizer pipe) [probable scenario) Existing conditions without existing pumping File name: tote Existing conditions with existing pumping File name: totexpc Developed conditions with developed pumping File name: totdevpc Flow(cfs) Elevation(feet) 1.18 1.75 1.92 3.63 1.50 2.61 I EXHIBIT fit PA.GE2':a OF --1-L NQV-03-1997 11:51 2536618099 97% P.09 11/03/1997 12:39 253-661-8099 ENCHANTED PARKS EXEC PAGE 113 jJ !IJ ID ] m ] I 1 I I I 1 I I Drainage System Analysis' Revised October I, 1991 Page 22 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 COrTect 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 1.15 feet for existing conditions without existing pumping. When considering the difference of the stage elevation for the existing pumping conditions for the IO-year event, the stage is 3.63 feet for the existing pumping conditions and drops to 2.61 feet for the developed pumping conditions. Per the P.U.D. variance calculations, elevation 4.0 is the overflow elevation of the control manhole; however, per field topography perfonned by ESM, October 1996, the invert out of the detention pond is at elevation 212.S 1 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 information, the staging of2.61 feet for the developed pumping conditions does ~ put the detention pond into an overflow situation for a 10 year design storm. Therefore. aU elevations are maintained below the 3.77 feet of active stOrage for the J O-year design stonn, and the functionality of the Regency Woods Detention Pond remains intact for the IO-year design storm. even with the proposed pumped discharge for the developed condition from Mud Lake. Since the original detention pond was sized using a 25 year design stann. a comparison of the 25 year flows/stage is also presented: Following is a summary of the flow and elevation comparisons for 2S-year eventS. Comparison or 25-year Flows/Stage - Detention Pond Analysis S~parate Detention Pond and Wetland (witb orifice outlet-nap gate open) (worst case sce.Dario) I I ! Existing condition without existing pumping File Name: 23e~out Existing condition with existing pumping File Name: lex23rd Existing conditions with developed pumping File Name: I dev23rd FJow(cfs) Elevation(feet} 1.62 2.90 2.70 5.47 1.89 3.54 eXHIBIT 1= PAGE23JF Zi'- " NQU-03-1997 11:51 253661 8099 97% P.10 11/e3/1997 12:39 253-661-81399 ENCHANTED PARKS EXEC PAGE 11 ] J ] J1 ] JI ] T .J ]1 ]1 .~ J1 .. Drainage System Analysis Revised October I, 1997 Page 23 Combined Detention Pond and Wetland (with 12" cquallting pipe) [probable scenario} Existing conditions without existing pumping file name: tote Existing conditions with existing pumping File name: totexpc Developed conditions with developed pumping File name: totdevpc flow (cfs) Elevation (feet) 1.34 2.19 2.22 4.33 1.53 2.67 As shown in the table above, the 2S year elevation is 2.] 9 feet for the existing conditions without existing pumping. -~ When considering the difference of the stage elevation for the ex.isting pumping conditions for the 25~year event, the stage becomes 4.33 feet for the existing pumping conditions and 2.67 feet for the developed pumping conditions. Therefore, while the existing pumping scenario will overflow the control structure riser, the proposed pumping scenario will not. The Staging of 2.67 feet for the developed pumping conditions does not put the detention pond into an overflow situation for a 25-year design stonn, and the functionality of me Regency Woods pond remains intact for the 25-year design stOrm, even with the proposed pumped discharge for the developed condition from Mud Lake. Compamoo of lOO-year FlowslStage - DeteotioD Pond Analysis ]1 '" To check the adequacy of the emergency overflow elevation for the existing detention pond, a IOO-year analysis is provided below. ~ II .. ~ Sep2rate DetentfoD Pond and Wetland (with orifice outlet-flap gate open) (worst case sceoario) 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) 1.71 3.12 2.87 5.88 2.05 3.92 ,;:' ~?H I B ~ :.../~ IT ~'!A G E ~O F--21- NOU-03-1997 11:52 253 661 8099 97% P.ll 11/83/1997 12:39 ' 253-661-8899 ENCHANTED PARKS EXEC PAGE 12 .j J' J J J J J ] ]. I I I ! f t Drainage System Analysi:" . Revised October J, 1991 Page 24 Combined Detentiob Pond aDd Wetland (with 12" equalizing pipe)[probable scenario) Existing conditions without existing pumping File name: tote Existing conditions with existing pumping File name: totexpc Developed conditions with developed pumping File name; totdevpc Flow (cfs) Elevation (feet) 1.41 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 control 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 J OO-year design storm, but would not exceed the elevation of the emergency pond overflow of 4.77 feet. Therefore, all 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 significady. A field visit to the Regency Woods detention pond was made at 10:00 a.m. on Thursday, January 2, J 991 by staff at ESM, Inc. 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 -im:hes 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 six inches of overtopping the berm betWeen the two areas. 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 storm. Given the elevation of the above referenced 25-year stonn event of 4.33 feet for a combined detention pond and wetland (with 12"equalizing pipe), it would suggest the facility is performing as one facility for a 25 year storm 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. J .. Æ !I In summary, the analysis of the available storage within the Regency Woods detention pond indicates that the proposed pumping of flow from Mud lake can be accommodated for the 10- year, 25-year and 10O-year design stonns without the need for any increase in the discharge flow rate from the Regency Woods detention pond. The J O-year storm event is not utilizing the one I j eXHIBIT --F PAG~ "~c.~'~ ~8 .. '. ~ r-.~' ; r-----. .------.. " , NOV-03-1997 ... ., "--..,- ,'" - .-.,--.- ' 97% P.12 11:52 253661 8099 J.J./rJ;j/l.'j'j/ .I.¿:~':! 253-bbl-8e99 ENCHANTED PARKS EXEC PAGE 13 J' J ] J Drainage System Analy:>.- Revised October 1. 1997 Page 25 foot of freeboard which would be the current design criteria for the City of Federal Way if a new development applicntion was m3.de fo.' llti~ :lik. Per the as-built plans on file with King County (attached in ADoendix f». thf'. nlltl,., nfth.. M"W^' NOV-03-1997 11:53 253 661 8Ø99 P.13 EXHIBIT 1= PAGE~OF.za '. RECEIVED OCT 2 9 1997 ESM inc. A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM (I October 28, 1997 Project No. 163-03-950-003 Mr. Jeff Pratt, P.E. City of Federal Way 33530 I" Way South Federal Way, W A 98003 RE: Enchanted Parks - Water Quality Requirements EXHIBIT F P A G E--.r70: F." I__- Dear Mr. Pratt: As discussed at our 10/6/97 meeting, I have calculated the size of a wet pond to accommodate the runoff from the entire Enchanted ParkslWíld 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 detennined 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 infonnation for Mud Lake. the actUal dead storage volume of the Lake below the proposed minimum water surface elevation of 208.0 was detennined 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. In 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 stonnwater 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 lot, is approximately 3.5 to 1. The flow length from the north inlet to the lake, which canies flows from the Enchanted Village area and from the roller coaster area, is approximateiy 150 feet if meaiured . 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 1 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 the downstream wetland. 720 South 348th Street. Federal Way, Washington 98003 Federal Way (206) 838-6113 . Tacoma (206) 927-0619 . Seattle (206) 623-5911 . Fax: (206) 838-7104 Mr. Jeff Pratt. P.E. October 27, 1997 Page 2 of2 . The depth of the wet pond shall not exceed 8 feet exclusive of sediment storage in the first 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 208.0), with additional depth at the center for sediment storage. The pond is currently being aerated with a large floating fountain during all 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 Pollution 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 currently 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 from the new roller coaster with tWo catch basin inserts to remove additional oils and sediments from the system. (fyou have any questions, please contact me. ¿J. i!L .I ' /j ':' . I .¿~ STEVEN D. KITTERMAJ.'~, P.E. Senior Project Manager -oi:- attachments cc: Jerome L. Hillis - Hillis Clark Martin & Peterson doc:umcntl163031~a EXHIBIT1___.. 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',,' \/r~--I' \, ' N.' / /' r ", , '--ì "', /\~',o"" ',',,""', \, " ,'" /',1 1«'1.' ' / A'-.. '.,'t-"o"" ..' /,;, '!2~ /:L,":..-- _. '_..,_., i, ", ) "",' '-.",'\ , / /' ;,~I ~'" L ;/IJI J", ~ ,,'-: \:: ':\ ' ¡. I '~I:J*g ~u; / il f I ';"~ ' \ ""':::~\":::', 'l~¡,:;~,:; ~::; /' f¡ II r "'" '. -:',1:4 .//, :....~:" \,.. H" '! \'.' ,', M¿".///"" :ê¡f:J::r~ 1,\ ';? ./ Æ /,,1 - I \...-' rI/ ,Q/.:!~ ~, ! ; jl \~\~, \'3' /' 'it: (",1:p :; , ~\! .¡ ¡i "~' \,/// , , \ 'i "-- \, if J l,i ~,~ :;~ "'" / ... ~XHIBIT JJ PAGE I c1F,1 . ,," .' - '-' / I , , \ , .., , 0 ~1~ ~r (!.ì Z tom J: ~ ::¡ ~ m~H ¡¡!~~: I""',' ,¡!} U,I; ¡"'" r! ¡ - ¡---"~~'--i ........ :0 .- r-" ~~ X" W~ ¡.: ~ / b' Ær-, /,' ¡It /' 1 II \\,I r) . \~¡ \, I " ", n :i í'"C ~¡~ ~ ,',d ! ',<" ", '-- ;H( ::".1 ; ~,'.', j ~h ~ ¡~I ~ , ~ ¡. ::¡!;' , ~ i,' ; ~! Jë :(~ !C '\ . ~I,' ~" i" ; , 1 I ! ~ :: : ,~' .. "". u" !t .,1 ~~ il ~!h :': Si!'~'" 0.. ,~~ 0'\ ..J -, \; a I), 'J " ,¡ -- I!!¡" Y " ' ~P~,¡ ~~~: ~ ~i{(: ~!y~~ ¡: ~Hn ",I"., .t:: . uo.", \ If " \ ,/ " )" \.- / '! Iii / I! " 10 '~ ~'~ ..'~ ~.. \, '. '\ /, EXHIBI1---L-_- PAGE-'- o~ I ~ ~^3'srr ~ E-L OF ," t=ro zw w- ~!:: Q.,> oi= ~o WJ~ > LM ~ .., ......., o- j) 0- £. >< W~ ~ flI~¡f 'r",¡t . lllH III 'I' Wft¡' ~!fr , \ I .~ ~ EXHIBIT« . . - . Christopher ßrown (if Associales 879 Qainier Avenue N.. ouile A-201 Qenlon. W A 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 t-1r. 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 si te. How'ever, wi th "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, tf¿! ~ jjh/CVB encl. EXHIBIT ~-- PAGE , OFf-_-_- ) ~ '-.-' Traffic t:n8incers ø 1'ronsporlalion Planners EXHIBIT !( . ) ( '- .-.. --- ,"" -, Enchanted Parks Traffic Volumes -,-._-" .--_.~..__..---_.. """""-", ..'-" '_nn..., .... .. Period Daily Volumes --..- Peak Hour Traffic Volume (Site) Friday 8/12/94 2,360 513 135 111 520 27 22 100 261 Note: Occupant to vehicle ratio = 2.5 ...., AM Peak Hour (11 :OO-Noon) (in) (out) .... --- .... PM Peak Hour (7:00-8:00) (in) (out) -.. .. Peak Hour Traffic (Adjacent Street) AM 7:00-9:00 (in) (out) ..-- ----- PM 4:00-6:00 (in) (out) '--- ""..m..---- ~"'-'--""-- Saturday 8/13/94 Sunday 8/14/94 --.. - - ----- ..- -- --- r~ "--' ..-- - -- - , -- - .. .. ,---- ---- - -- - .. --- -- --- --- --- - - ..-- - ' .... ..--- ....- ---- ~- 2,563 1,929 523 123 408 77 138 662 51 510 NA NA NA NA NA NA NA NA EXHIBIT --' PAG Ei OF _5-_-~- Chrislophc:r Brown (sf Associalc:s - 819 Qainic:r Avc:nuc: N.. öuilc: A-'201 . Qc:nlon. W A 98055-1380 ('206) 11'2-1188 Enchanted Village Friday's Traffic Volumes 600 500 CJ) 400 Q) E ::J - g 300 () :E ro 10- ~ 200 100 0 6:007:008:009:001 0:00 1 :002:001 :002:003:004:005:006:007:008:00 (am) TIME (pm) .. ~. :'::... 1- Inbound ~ Outbound I ;") ¡ /Î' t r~, ¡o ., w ø :iì ~ .~~ Enchanted Village Saturday's Traffic Volumes 700 600 500 (f) (]) E ~ 400 ,0 > () ~ 300 (\j '- f- 200 100 0 7:00 8:00 9:0010:0011 :002:001 :00 2:003:00 4:00'5:00 6:00 7:00 8:00 (am) TIME (pm) \ ' 1- Inbound ~ Outbound I '----- ' "..) Enchanted Village Sunday's Traffic Volumes 600 500 (j) 400 (l) E :J - .g 300 u ~ Cd . '- t- 200 100 0 6:007:008:009:001 0:001 :002:001 :00 2:003:00 4~005:00 6:007:008:00 (am) TIME (pm) / 1- Inbound ~ Outbound I . '. ¡ I") Its '1 w (!) WI~ ..-" ..; : .~) ,. .-, "J ).J EXHIBIT L . --,. B-twelve Associates, Inc. ENCHANTED PARKS CITY OF FEDERAL WAY WETLAND ANALYSIS REPORT "'-'\ . J .' PREPARED FOR . MR. JEFF STOCK . ENCHANTED PARKS, INC.. 3 60 1 ENCHANTED P ARKW A Y SOUTH FEDERAL WAY, WASHINGTON 98003 BY B-TWELVE ASSOCIATES INC. . 1103 WEST MRRKR'R. STREET, SUITE C KENT, WASHINGTON 98032 APRIL 20, 1995 (JOB #95-108) EXH'B~~~ L. PAGE~_'- -\--¡;" -,-- . .. 1103 West Meeker Street, Suite C . Kent, WA 98032-5751 . (206) 859-0515 . Fax (206) 852-4732 _1 ~ 1,". -. .J ] 1 , I -~ I I I ........-. J ,,~) J' I I J I I J j r). (" LJ . .- ,. J B-twelve Associates, Inc. .' EXHIBIT .L PAGE ~(.:'2.' . . ENCHANTED PARKS . CITY OF FEDERAL WAY WETLAND ANALYSIS REPORT 1.0 - INTRODUCTION 1.1 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. Specifically, 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 proposed project Will result in a slight modification to the hydrologic regime of Wetland "A", also known as "Hylebos. Creek 34". . '. 2.0 . . METHODOLOGY Ed Sewall ofB-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.Wetland flags and data point flags were . subsequently surveyed by ESMInc. (see Exhibit B-- site plan). . . Wetlands on the site w~re identified using methodology described in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (Federal Interagency Committee for Wetland Delineation, 1989). TIús is the methodology currently recognized by the City of Federal Way for wetland determinations and delineations~ The wetlands delineated for this project would also meet the criteria for jurisdictional wetlands using the methodology described in the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory, 1987) . . The 1989 Federal Manual requires the use of the three parameter approach in identifying and delineating wetlands. These parameters are a'predorn.mance of hydrophytic vegetation, 1103 West Meeker Street, Suite C . Kent, WA 98032-5751 . (206) 859-0515 . Fax (206) 852-4732 o.~ 1 r1 l i . -. .~ 1 1 J .oJ ì I I . .') /-> I t 1 1 -' i J 1 i -! 1 rì c' .¡;...J ~ 1 J Ench.a.nJed Parks/Federal Way/Job#95-108 B-twelve AssociaJes, Inc. April 20, 1995 Page, page EXHIBI~... .,.. PAGE (' '~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 indicator statùs of facultative (FAC), facultative wetland (FACW), or obligate wetland (OBL), . according to the National List of Plant Species That Occur in 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 Committee for Wetland Delineation, 1989). Anaerobic conditions are indicated in the field by soils with low chromas (2 or less), as deterniined 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 normal 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 Enclzanied VilIagelWild 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 currently 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 PUD property. This pumped water eventually flows through the culvert under South 369th Way and into Wetland" A". Water within Wetland "A II would slowly flow through the wetland to the south where it meets a berm. Water witlV-n Wetland II A" then discharges into the Regency Woods detention pond. The culvert from . Wetland II A" under the berm leading into the detention pond is equipped with a, flap valve. This berm 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 C"Hylebos Creek 26" & "Hylebos' Cr:ek 34 ") are mapped as containing the Seattle Muck (Sk) soil series. The Seattle Muck soil ser:es is made up of very poorly drained organic soils derived from sedge material. These soil urnts are. typically found within depressions and valleys in the glacial till plain. The Seattle Mu~k soils are listed as a "hydric" soils according to the publication Hydric Soils of the Unued States (USDA NTCHS Pub No.1491, 1991). . ! ! .:i ~ t._- -, . .. 1 1 ; j J I' I J '~") ) , 1 -~ I I ., , ! .J I I ., I .J In lJ J .' j Enchan1ed Parkr/Federal Way/JobIt95-108 B-twelve AssodaJes, Inc. April 20, 1995 Page, page .EXHIBIT L.-..--- .,- PAGE-f-°F22~..- 3.1.3 Wetland Inventories According to the National Wetlands Inventory (NWI) map for the site, a single wetland (Mud Lake) is depicted on the site (see ~bit C). This wetland is mapped as containing both . . emergent and aquatic bed wetland classes. According to the King QJunty Wetlands Inventory, Vol. 3 South 1990 (King Comity Environmental Division 1991), the project contains 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 . iqventoried (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 confirmed the inventoried wetlands and two wetlands were identified within the study area. Mud Lake ("Hylebos Creek 26"), which 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 (A1-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 comprised of an open water wetland class. A small area of emergent and scrub- shrub vegetatio~ persists on the southern end of the wetland. Cattail (Typha lanfDlia), reed- canary grass (Phalaris anw1inacea), willows (Salžx spp.) and hardhack (Spirea dougla.siz) 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 consist 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. TIús pumping technique has been an on-going operation for approximately the last 10 years. According to the"US Fish and Wùdlife wetland classification meth~s (Cowardin et al. 1979), this wetland contains the following wetland classes; PEM1 G (palustrine, emergent, persistent, intennittently exposed) and PSS1G (palustrine, scrub-shrub, broad reaved deciduous, intennittently exposed) and POyYH (palustrine, open water,. pennanently flooded). 3.2.2 Wetland" A" - "Hylebos Creek 34" Wetland" A"- is located along the south fili slope for South 369th Way within the Regency Woods 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. ,1 ""¡' , ¡- '-, , . -- ; ,J I 1 1 j I I I '-" I ' \ ,_J :.;..} I I . ; (') j Enchanted Parks/Federal Way/Job#95-108 B-rwelve Assodares, Inc. April 20, 1995 Page, page EXHIBIT '- ,... ," ., PAGEiOF~7 ,Wetland" A" has been inventoried and described by King County as a "bog". The inventory sheet for tlús 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 chemistry and buffers of this wetland. As a result of this degradation, the bog plant community, previously inventoried as being dominated by Sphagnum moss ' ($phagnum spp.), Labrador tea (Ledzon groenlandicum), bog laurel (Kalmia occÙi£ntalžs) and cranberry (Vaccžnizon oxycoccos) has been greatly reduced. Currently, only a small area (approximately 4,OOOft2 in size) located in the center of the wetland retains tlús 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 obrmpta) in some areas and mixes of manna grass (Glyceria spp), fueweed (Epilobizon angusdfolžzon), water parsley (Oenanrhe , sarmentosa) and cattail (Typha ladfoUa) in the wettest portions of the wetland. Western crabapple (Pyrus /usca}, willows (Scilb: spp), alder (Alnus ruhra), cascara (Rhamnus purshiamJ) and hardhack (Spirea douglasiz) are present in the scrub-shrub and forest plant communities throughout the wetland. The exception to tlús 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 this unusual plant community. ' , . Hydrologic inputs to tlús wetland appear to be direct precipitation and overland flow in addition to storm water flows through a culvert into the wetland. Hydrologic outputs from tlús wetland consist of evapotrànspiration and flow out of the south-end culvert. ' According to the US Fish and Wildlife wetland classification methods (Cowardin et al. 1979), tlús wetland contains the following wetland classes; PEM1E (palustrine,' emergent, persistent, seasonally flooded/saturated) and PSS1E (palustrine, scrub-shrub, broad leaved deciduous, seasonally flooded/Saturated) and PSS3B (palustrine, scrub-shrub, broad leaved evergreen, saturated) and PFOIC (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: concepts 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. R~ults of the Reppert anaiysis indicates that Mud Lake has a low overall function and value ratm,g. , TIús low rating is expected due to the total isolation by development and bulkheading of the 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. 1 "1 1 , .6 I , ~ j .J I I I -- - ~ I . } \ . /-.J I I 1 , J I ( 1 J ¡ () " ).;J .. I i , ~ Enchanted Parks/Federal Way/JobI/95-108 B-rwe1ve AssoCÎaJes, Inc. . Apri120, 1995 Page, page EXH I B IT I- PAGE--'OF..a .,---. Wetland" A" (Hylebos Creek #34) received an overall score of 1.8 indicating 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 in hydrology and water chemistry. However,the influx of nutrients and increase in surface water inundation and duration of ponding appears to have reduced this plant community to a remnant of what it once was. 5.0 IMPACTS 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" A" from this diversion of surface water have already occurred. Wetland" A" appears to have been altered from its original bog plant community. from a combination ef the development associated with the Regency Woods Division 1 and the alteration of the hydrology and water chemistry associated with the Mud Lake water pumping operations. The plant community of Wetland" A" appears to have adapted to the changes in hydroperiod, water chemistry 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 n~gulations 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 Anny Corps of Engineers (ACOE). The ACOE regulates all discharges into "waters of the United States" (wetlands) under Section 404(b) of the Clean Water Act. Discharges (fills) into isolated and headwater wetlands up to 2.0 acres are pennitted 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 going through the Individual Permit process. However, the Corps has requested that all consultants refrain from making recommendations as to whether a wetland is isolated, headwaters or. adjacent. These detenninationscan <?nly be made by t.!-¡e Corps. Agricultural land wetland delineations are now reviewed by the NRCS (Natural Resources Conservation Service) for the USACOE using the National Food Security Act Manual . . (NFSM). The NFSM manual uses slightly different criteria to identify wetlands than both of - th~ Federal manuals (1987 & 1989). Depending on the history, drainage modifications and eXIsting conditions, NRCS may detennine that some wetlands are considered "farmed ~e~ands", "farmed wetlæ;.d pastu~es" or ~prior converted croplands". Areas determined to be pnor 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 .' -... . :1 1 , I ¡ .1 1 , ..... I j I I I , '"") ì '-...J' I I 1 , j ( f f I ¡ r) f. . , ¡,J ~ - --- Enchanted ParTcslFederal Way/JobN95-108 B-twelve AssodtUe.s, Inc. ,April,20, 1995 Page, page jurisdictional wet1aÌ1ds according to the 1989 Federal MaÍ1ual. The City Code does not speciñca11y exclude "prior converted croplands" from regulation. Therefore, the City of Federal Way may rontinue to regulate wetlands that are not regulated by the Corps. . . . If you have any questions regarding ~'report, please caIi us at (206) 859-D515. Sincerely, B-twelve Associates. Inc. .47' ~ Ed Sewall Senio~ Wetlarids Ecologist File: E4I9S I 0IrW A.dcc EXHIBIT ~..".,., . PAGE--'-OF~~21 -, I f ¡ , , . i, ,-, r ...i j 1 . .Å I I I , :J' )--' , . ',-.3 , ( I 1 . J , í i '~ I (') 1.) Eríchan:ed Par/cr/Fed.eral Way/Job#95-108 B-rwelve Associates, Inc. Apri120, 1995 - Page 7 REFEREN C FS . , City of Federal Way Zoning Code Chapter 80. Cowardin, L., V. Carter, F. Golet, and E. LaRoe~ 1979. Classification of Wetlands and Deepwater Habitats of the United States. U.S. Fish aJ;ld Wildlife Service, FWS/OBS-79-31, . Washington, D. C. - - Enviro1"!mental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-L U. S. Army Corps of Engirieers Waterways Experiment Station, Vicksburg, Mississippi.' , Federal Interagency Committee 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). Golet, F.C. 1979. "Rating the wildlife value of northeastern freshwater wetlands", pages 63- 73. In P.E. Greeson, J.R. Clark, and J.E. Clark, eds., Wetland functions and values: The , state ~f ~ur understanding. A~er. 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 Planning Division. 1983. King County ,Wetlands Inventory Notebook, Vol.s 1- 3. King County Courthouse, Seattle, Washington. " Kulzer, 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, RP. 1981. Hydrology of Wisconsin wetlands. U.S. Geol. Surv. and Univ. Wisconsin-Extension Geol. and Natural Hist. Surv. Info. Circ. 40. Reed, P., Jr. 1988. National List ofPlànt 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., Mess~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, çorvallis, Oregon. U.S.D.A. Soil Conservation Service. 1988. Soil Taxonomy. Robert E. Krieger Publishing Company, Malabar, Florida. EXHIBI' u ._-~I. - ' P A G E--8 ()':~2 ,---~ a -, ! .J 1 1 ] ] ) I ~) :'" ~ \J I I J } J ] j [") ,to) ." "JiI J . , NORTH ~ EXHIBIT A . Vicinit FS > c{ ~ 5 3m , ~ willi pami.uioa ø=1Cd by moMAS BROS. MAPS. This map is copyri~ by THOMAS BROS. MAPS. 11 is unlawful 10 copy or rcproduo: all or any put Ihcrcof, w!Icthc:r for pcnoa:ù we or rc:aIc, withoat pennWion. B-twc1ve Associates., Ine. EcoJogica1 Systems Design &. Management 1103 W. Meeker SL. Suite. C Ken!. WA 98032 (206) 859-<1515 Fax (206) 852-4732 Job#: ~/ð8 Drawn by: /~.s Revised: Date: 3'/3.9S- Scale: ...-v,-<.. Checked by: ENCHANTED PARKS CITY OF FEDERAL WAY, WA '. A PORTION OF THE NW 1/4 SECTION 33, TO..,~SHIP 21 N., RANGE 4 Eo, W.M. :=====:--. ~ ~ ~ -I" ~ ~ EXIDBIT B: !~ ,. ~ ~".. . --.... ll> I ' II, ~-:- :--. ~l'.::::::----"'" I - X ' ~ ~ ~,~. ~ ~ I ~ ~IE -"'" x::"~, ~ ' \'rr==-=-- ~ -tiC ~)~ lO~~~; ..C'-r \' - ." r-;. '... / ~~: ' ~~ -:- - ~ /':" ~ / l'J""" , x ' , ~ --~ /15. / x 2, ~::.... -', ¡ \ ... -;¡-----I / !! 2, ~ '\\~1\. - ¡, / ¡ \~.i-,~~ 11 ~. \ ~\,., ~!:: /' ~ ~ ......' '-'-" ~ ....... , ~ x ", I~!.. '\ . ~ :--¡ . \x r---,x ,~, '....... ....... I .' .. ;,\\\~\ '\ ~ ,/ 5 x ~~~.~,-,~.............. ¡ i\."/~ \\Ii\"\~' ./ I ' !! \'~~--~ ì "oj \\ \ \. '.. J/~ ~ / ~! \ ; \!! \:. ,: S ,~¡;..:: \ x I ¡;; -= ':\' '" í~ ~.!!:;.,.\.. --- _I, !! \.: .~I! ~...._~.... ~-- ""-"'" -......... I \ ~. I .~OI ;;~ \ '\ ',,'" '~. '" , ~ WETLAND ItA" x :.' ~ ':' Ji r¡;t -I~ II ' . - . ~ ,./1/ ... ~ \~\, \: ."..".' "."".".. . ~ "~,. ~ (!J17-EBOS CREEK ~4) :,' V//.. /- W '" ,.., ','. "'" - / - ' /1,/ / / .:r: ø~ . ';' '." ',""'X"'./ ,.. /' 1// ".'. .,,', ~">': / IS /' ,'. ::;>< " " '" .', I . ./" .' ~ /// .." . 5C t1j I " ", ",', . ' '. ~ ./' ,. ;;.,r ,I / ~ "i '.', """ "" ", '--........ :. \:'" . '" e ~ ~'t ! / .:::;¡- // / ~w a.: '",.... '- ............... ~"~ ,.. .- """-:-' " - ~ "'" .', "'. '" ", ",- 8 ~- r ' ,/ / °, .,', """" .', _(\E" / n ~ ", ", ',-""'" "" :"'" t U / X ::! ".', ".... " "'.', ¡:; t /' II : '" ~ '" ~"" ~~,/';:¡ " x -..., ". ./' ...... > " !!> /" ...........,,;;; :. '." :;~./' ,\t ~ t ~........-:. ~\t ....:,..... -- t,t .\t~ t\t ;; ~ :: 8.110<1.. Assoclates,lne. ~. Ecolo.,..' Syucnu Deli", .. Mona......n. ß ~ 110) W, Meet-,S." S..." C . K... w,,"9lOn ,,~ 11061 Uf4,1S F.. (:061 U1->1]1 NORTH .) ~ " i ,..--- I 30 .. 0 30 10 ENCHANTED PARKS CITY OF FEDERAL WAY, WA ~ IIlll~ I i I I . .,. 11 , " i T I . ¡ I I I S i 1- COUonY ENCHANTED PARKS (I ESM inc. ..0--'-'---.--- 3-. It. _""NU( so.. IIU)Ç, . no(,,-,,- WAY, W""""'TON "003 ............"" I ,..o,,(, 1'°01 ua-IO" SCALE: T" . 40' CONTOU'I NTERV Þ<J.. . l' DA TUut t<.C.A.5. Job#: "5-/08 Dale: "'UJ.q'S" Drawn!Jy: :SK< Scale: /"= +0' Revised: Checked úy:- . - ENCHANTED PARKS ! WETlAND TOPOCRAGHICAl MAP ~' I < /' '" r'. ,........ . . . I \. ,-','. Þ.~ \. ....-...::' .~ t "t ~ - L.-... - ¡ .J J , .... , I j I I I ..... " . 1 ..j I I . ] J I I ] EXH;SIT I- PAGE.1LOF~ ., NORTH ~ i .- J .i) . .) . .." lob#: 95'-/08 Dale: 3-/5- <is"' Drawn by: b/ð' Scale: ;Ÿ""~ Revised: Checked,by: ENCHANTED PARKS CITY OF FEDERAL WAY, WA '1 d -; ! J .~ j ì I -. 1 I I ,. .. t - ) )"j I "I :,1 .. .J j 1 ., i .J j ,"~ j ) ~TE: I} '2 - EXHIBIT D : ~i- .:;,: .~ . .""::} '. .. ~~. '-:."':'fi.. -:,"5:'. . , . ~.. _:.~- ~. - .-" --- Photo Date: 05/01/80 Inventory Date: 06/10/81 N-c. Scale: r = 500' WETIAND: Hylebos Creek 26 COMMUNITY PLAN AREA: Federal Way BASIN OR DRAINAGE: Puget Sound LOCATION (S,T,R): SW-SW 28, 21N, 4E ACREAGE: 2.1 CLASSIFICATIO N: SENSITIVE AREA MAP#: 6 Fish & Wildlife Service Common Name PAB4 Palustrine Aquatic Bed Floating- leaved (Yellow Pond Lily) Palustrine Open Water Open Water POW Open Water EXHIBIT '- P A G ElL ('j i;'2'---- .' Wetland boundaries shown are approximate. Further fidd studies are necessary to confum the actual delineatior the wetland according to the Federal Manual for Identifying and Delineating Jwirdictiona~ Wetlands. '" 1 OBSER~~ SPECIES (refer to Appendix 1): 1 Trees: AR YI' . T:XIDBIT D . Hylcbos Creek 26 Shrubs: MD SX SD ! Herbs: NP as PH PP TL UM _1 ] Sedges/Grasses/Ferns: AX Birds: MA RB MW sS' 1 Mammals: . Fish: --, I I ather: BF ..:3 ..: ] HYDROLOGY: I I Inlet: Type: Condition: . Type: None. Condition: Not observed. /") Òutflow enters: None. 'J Water movement through wetland: Outlet: I Observed water quality in wetland: jSIGNIFICANT HABITAT FEATURES: Several logs mixed with floating aquatic beds. 1 ...JGENERAL OBSERVATIONS: Mud Lake. Some freeway noise. ~TLAND RATING (se~ Introduction for criteria): 2 I J L,) ,()~: J EXHIBIT L. P A G El.l C~ f-i-r~ Species listed are only those observed during fidd visits. Further fic:ld studies are necessary to obtain a complete list including rare, threatcncd, aIJdjor cndangcrcd species. , ' J 1 I I ~ .,~) :r <...J Photo Date: 05/01/BO ~ 4 ~ I .' .;. 1 "l , ¡ . I J . t . : ì t"}- . -¡"TE: . ., ~J-' . / f -. Inventory Date: 06/10/81 Ni Scale: 1"=500' WETLAND: Hylebos Creek 34 COMMUNIIT PLAN AREA: Federal Way BASIN OR DRAlNAGE: Puget Sound LOCATION (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 PSSl Bog EXHIBIT L. P A G ElIL () f:2,- Wetland boundaries shown are approximate. Further field studies are necessary to confJ.rn1 the actual delineation L - the wetland according to the Fedual Manual for Id£ntifying and Delineating Jurisdictional Wetlands. j 1 OBSERVED SPECIES (refer to Appendix 1): 1 ! ! j .l I ~ . ; & Hylcbos Creclc 34 Trees: PM AR TP Shrubs: GS Ka LL RP SX SD va vp Herbs: Sedges / Grasses IF ems: PX Birds:' YW Mammals: Fish: Other. I ~ROLÒGY: I I I Inlet: Type: Condition: . . Type: None. Condition: Not observed. .!") Outflow enters: .None: i.....J Water movement through wetland: , . Outlet: Observed water quality in wetland: I SrGNIFI~ HABITAT FEATURES: , "'-. I ; GENERAL OBSERVATIONS: Well developed bog containing high Sphagnum hummock with dense Cranberry. Some freeway noise impacts. . I WETLAND RATING (see Introduction for criteria): 1 (d) 1 1 I J EXHIBIT' L. PAG~l£ c J~»- I r) . i.) 1 . Speåes listed are only thoše observed during field visits. Further field studies are necessary to obtain a complete list .' including rare, threatened, and/or endangered spcåes. . J ~ 1 ~ "' I - I , . . /'-) \ ' I"J ) .,'~) NORTH ~ ~F: Soils Map :.0 0 ,-' 0 0 r'o :"". ~6~ 0 . , ....... . f 0 ... ""-J ~~ ~°]l ,-,,' . EXHIBIJ- L 1¡-twdv<A=cla"'.Inc P AGE I w 0 F A II Ecological Systems Design & Management ~03 W. Mecl;cr'SL. Suite. C . KenL WA 98032 (206) 859-0515 Fax (206) 852-4732 Job# : 'IS-loB, Drawn by: ¿;¡¿'5 Revised: Dale: 3-/3-9S- Scale: ,v,~ Checked 'by: ENCHANTED PARKS CITY OF FEDERAL WAY, WA ._~ :j .2 ., "' j 1 1 .-1 ] I ] .W .") <.J I ð "1 , J j I 1 I J 1 r", -:, -.-" ~ .; 1 J '- NORTH ~ XHIBIT G t!;{HIBI1: L ~1-.~--;: 2.7~ 0-1 a-2(wth~ a- 2 (peA4....; ~iCI ~ UlIdeIermÏI ÞOd) 0-3 .B-twdn Associates, Ine. Ecological Systems Design &. Management 1103 w. Mcd:cr 51.. 5uiLc:.. C Kent. WA 98032 (206) 8S~SIS Fax (206) 852-4732 ..... ..... --- Ut.cl ~ ""'ed Dare: -3-/3-?S Scale: """"þ~ Checked, by: Job#: rS7'OB Drawn by: .f~.s Revised: ENCHANTED PARKS CITY OF FEl) ERAL WAY, W A .. 3 .-f ~j .., , 1,- -. j 1 1 -;1 i .J I I I ",-, ..: } ) - '<) I J 1 J I I 1 ¡ J I /) 1 () ~ . ! j FUNCTIONAL CHARACTERISTIC (Reppert et al. 1979) Project: E.':/'AJf<'/ ?~J Wetland: /Y/v'¡ kit.¿ Date: 3-2"2-45'" NA TIJRAL BIOLOGICAL FUNCTIONS Food Chain Production 1. Net Primary Productivity - /0,.., 0) 2. Mode of Detrital Transport - 111 04 ó) 3. Food Chain Support - lø£J(.Ò - }Z=- I Generalized and Specialized Habitat This characteristic is evaluated primarily by completion of Habitat Evaluation Checklist a V"~JA r"-1',~ /.,&../ ú) x .::- I AOUATIC STUDY AREAS. SANCTUARIES OR REFUGES This area is not used as an aquatic study area, saru::ruary or wildlife refuge. HYDROLOGIC SUPPORT FUNCTION 1. Hydrologic periodicity - I'~ loIs,+"':^;j /øv á) 'r,l- t"~ 2. Location or elevation within wetland system - ,:...;..JvI ¡,..../t) x-I SHORELrnEPROTECTION 1. Vegetation characteristics ~ A. Type of wetland vegetation - s~l.~ I..~(J) B. Density of vegetation (%) z,~, /"'--1;) ')<==- I 2. Areal extent - /p",", {¡) -;<--1 3. Fetch - /.. ---Iv 4. Cultural development - ,.'...11-.7 /..j þ. 6) ;;; == /.. ~ STORAGE FOR STORM AND FLOOD WATERS 1. Flood storage factor - 5"--'20 ~ of o.J_rA-osL..,! ...£,/ f:) 2. Flood retardation factor - 0-.'"'"/,, /4 ....Á i) )< ~ /,i)" " EXH~:.':.\¡:lr L PAG~,: 18-~ 1 1 j -. I -. j j 1 -- J I I I r -) .,) I I , I , J I I ~ i J :3 - I j ¡::-~~/...""V'¡'~J /'~kr /Vlv'/' t-...kL NATURAL GROUNDWATER RECHARGE 1. Groundwater recharge area (% of total watershed) - j.{1""" t!) ~-\ WATER PURIFICATION FUNCTION 1. Wetland Type A. Hydroperiod - f"/"Þ/M. ,........(1) -çz.:=- I B. Vegetation density - z-5'e:f.. ¡"....."Ó) . 2. Areal Relations A. Total area - ~ ""-..cr.~ /........(1) B. Proportion of open water - ->;z.5""'>1.. /"'... 0) C. Proportion of total water volume through system - ~ {,~6 ) D. 9{; day BCD luc1Jul~~ "5<= /."?- 3. Geographic and Other Location Factors /- V A. Frost free period - > ¿>.£¡ /.,~ J....;" 0 B. Are2. not strategically located with respect to waste sources or other water supply intakes - ~I...... ,v-"'-r'o.-'¡- .rov~i) ---- r;- ...-.., x - 2. X -=- j, -:¡- CULTURAL VALDES COMMERCIAL FISHERIES /f/4 RENEWABLE RESOURCES AND AGRICULTURE /VA- RECREATION x=L AESTIŒTICS X=-( HISTORICAL OR ARCHEOLOGICAL IMPORTANCE /VA- - HABITAT FOR RARE, RESTRICTED OR RELIC FLORA OR FAUNA "5<==-1 OTHER CONSIDERATIONS SUMMAR Y AND CONCLUSIONS ov~ oJ) r.....-h~? -=- /.2?- low EXHlr>D~ì:- ..- -~f PAGE I!t :1~_~'- ~ ,t .. :'1 1 - , ..ê- I ..J j 1 -. j ~ J I I -- ~") )-J J ~ 1 J I 1 J J (-, -") -1 '.- ~ I .J FUNCTIONAL CHARACTERISTIC (Reppert et a!. 1979) Project: EN¡;L.,ftl I'-J(r Wetland: JI., k/,pJ 3 ~ - MIt-) Á "Date: 3-22-'~ NATURAL BIOLOGICAL FUNCTIONS Food Chain Production L Net Primary Productivity - If) >oJ (I) 2. Mode of Detrital Transport - /,...,(1) 3. Food Chain Support - ".,~J (z) X':::- /. 3 Generalized and Specialized Habitat This characteristic is evaluated primarily by completion of Habitat Evaluation Checklist 0 1/ vr ....vI I); h-; /0 fÞJ - .....".~'\.. ~ AOUA TIC STUDY AREAS. SANCTUARIES OR REFUGES This area is no! used as an aquatic study area, SaTZCtuflry or wildlife refuge. HYDROLOGIC SUPPORT FUNCTION 1. Hydrologic periodicity - bøJ 4~ (/) 2. Location or elevation within wetland system - "JÞJ~.,lJ Ó) x::- /.D SHORELINE PROTECTION 1. Vegetation characteristics '- A. Type of wetland vegetation - B. Density of vegetation (%) 2. Areal extent - 3. Fetch - 4. Cultural development - NA STORA GE FOR STORM AND FLOOD WATERS 1. Flood storage factor - <= 5%, .of" "'-'+~cU I 0 ~(Ì) 2. Flood retardation factor - >.3ð 'l, "';-~Ó\ ~ =2~D .' EXH IE;: Ii -~~-'- PAGE-'Ø(-~ ..- 2"-~- . 'It j 3 -; . , ... 1 1 . oj i I I "..... ) t. ) \.... I ] ., ! ; j j I 1 J Lo) ":1 i .,..J .. I J ... £ t, f, A A Us ¡j Itb .$ -*34 - Mt:J Á" /V(; A-J (. (;...I' -¡.., 0 . NATIJRAL GROUNDWATER RECHARGE / 1. Groundwater recharge area (% of total watershed) - ><=-O WATER PURIFICATION FUNCTION 1. Wetland Type A. Hydroperiod - IÞ ~ (j) J.. .,1.. /i) X-=-¡,O B. Vegetation density -~:<.. 2. Areal Relations A. Total area - J,4...c is..... (J) i) B. Proportion of open water - h'1htJ C. Proportion of total water volume through system - >Sõ"A ),.;~ó) -Ð. ~ àfty TICD lo(\J~lb -;:; :=- 2.3 3. Geographic and Other Location Factors A. Frost free period - .);Z.:;"ZJ ""7"'; .:"; I.., 6.) .. B. Area not strategically located with respect to waste sources or other water supply intakes - 1.J.- ------- c.-F ~-¡ø.'-+ (7;) ;x=2,~ X=- 2.. 3> CULTURAL VALDES COMMERCIAL FISHERIES /V/f RENEWABLE RESOURCES AND AGRICULTURE /1/11- RECREATION L,w - ~",~ x:=-I. :; AES TIffiTI CS h'74 -x= 3- HISTORICAL OR ARCHEOLOGICAL IMPORTANCE ,Æ'"A .. HABITAT FOR RARE, RESTRICTED OR RELIC FLORA OR FAUNA ß1.1h -;:3 OTHER CONSIDERATIONS SlJ.MMARY AND CONCLUSIONS t7V'-'-1 Jj r ,,11 ~ x -= I,g / /"1"\ þ~ EXH n ~; ~~~- .-L__- PAG~ 21 "'--2,- . ! -1 "l ¡ ; ---.. j 1 1 . .> ] I I ".-, . ) \.) I I ì .J i I 1 J L, y. ,} ^-.' . ~ J ROUTINE WETLAND DETERMINATION DATA FORM . (Federal Manual/or Identifying and Delineating JurisdictioTWl WetlarÌds, JanUllry 1989) B-TWEL VB ASSOCIATES, INC. Project: E,..,JA./td P ""-<s JohU: '15"-ltJ8 Investigator. Ed Sewall Date: 2.. - /0 -&f"f) Jurisdiction: ~..I (,./.'( State: tvl4 Sample Point #: DP# / Wetland: Atypical areas analysis: ,N'D Problem areas analysis: NO VEGETATION Dominant plant species 1. &..../...6-..."'1 /'\VVlû..ß;' 2. Oe...../..,..,1. ;¿,... s. ,ç".... .1' 3. (;,.",IfI.¿..... s/..,...//",o../ 4. ¡:'Þ/~.shtt..-. ,....""..,;0.1/,..... 5. I 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. % of species OBL, F ACW and/or F AC: Ccmments: Indicator ;= rK.. V Fr1t:..v ""-'k.v FAt. ¡,I Coverage % Stratum I S .s H 0 Hydrophytic vegetarian criteria met: Yes áfuJ Mar!!ÎnaI SOILS Mapped Soil Series: D~th(O in) .£in. .L1i.!n. -~. In. Indicators present:_hÎstosol,_hÏstic epipedon,_suIfidic odor,_aquic moisture regime,_reducing conditions, ~leying,_concretions-,::-~ surficial organic content._organic streaking,_mottling Hydric soil crireria met:~ Basis: /Vt) ,~eJ,è< T7:Jd Ccmments: If/tbwÞtlJ. Matrix color / Oy/2.. Z 'Z- / /)'f(l .3 On Hydric Soils list?: Yes ~ Mottle color Drainage Class: /11 V.J:D Tex "'FF e:> ,.... "r: (/ - ~ -...I... --... ¡I HYDROLOGX . In~dated:-Y&::P Depth of Standing water. Satur3ted:~ Depth to sa.turated soil: IndIcators present:_inundated,_sacunted upper 12. ,_water marks,_drift lines,_sediment deposits _dninage patterns,_oxidized rhizomeres,_water stained leaves We:rland hydrology criteria met: Yes IN Basis: A/tJ 1:.,tJ¡~,,~d . Ccmments: SUMMARy OF ~ Hydrophytic vege~on:~' Hydric soi1S:..TIß) .., W~d hydrology: TI&J DaIa poilll nu:ers the criteria of a jurisdiaional wetJand?:~ COMMENTS: hie: ""'.....9- E»~: :",,- L -~ P A (:;. 2~ '..~ /'-.J1 1 , t """'" : ; j 1 ~ I J I I I ""'>" .. ' } ., ;.J I I 1 ! -' I I 1 J ~ I (~.) ,) ~ ! J ROUTINE WETLAND DETERMINATION DATA FORM . (Federal Manualfor Idermfying and Delineating Jurisdictional Wetlands, January 1989) B-TWEL VB ASSOCIATES, INC. Project: ¡;;"'"J"..¡¡..~j "p,-k r Jurisdiction: t:~.. I W~ Atypical areas analysis: ,1,': Problem areas analysis: -¡) Date: z: - /0 -., :::> Wetland: A- Job#: C(f-15"4 Investigator. Ed Sewall State: w~ Sample Point #: DP# "Z.. VEGETATION Dominant plant speci,es 1. #;/,.vv..J ,.,,6........ 2. ""'>1,;""'.$ /^~.F.,¡,.... 3. /'..r("~ .~"b""""C+"'" 4. / 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Stratum - I "'I #- Indicator FM- Pt<. u (J.!3L. Coverage % % of species OBL, F ACW and/or F AC: Comments: Hydroplrytic'Vegetarion criJeria mer: Yes No Marcinal SOILS Mapped Soil Series: ~rfl.~ /1'1"'( It... Deptb.(O in) Matrix color l.f in . -~. -~. In. Indicators present:-Xbistosol,_histic epipedon.2$sulfidic odor,....:.-aquic moisture regime,_reducing conditions, Hy~tf1ïÍ ~c;c;e:~~@hifo ~t~ orgEþ~n¡nt,_organic streak:ing,_mottling Comments: On Hydric Soils List?~ No Drainage Class: V Þ.D Mottle color Texture + r'brr.~ f'~ I HYDROL9ÇY . n' .~. . In~dated:~ Depth of Standing water. -1- Satun.tec1(JJ{:i Depth to sa.turat.ed soil: S'v"+: ~ Indlca~rs present:_inundat.ed,_5aturated upper 12. ,_water marks,_cIrift lines,_sediment deposits _dramage pattems,_Oxiti~SPheres,_wat.er stained leaves Wetland hydrology crilerin es No Basis: Comments: SUMMARY OF ~ Hydrop~ytic vegeta..tion:o:ni Hydric soils~ Wetland hydrology~ Dara pomJ meets tM criteria of ajurisdiaional wetland?: Yes No C 0 1\1MENT S : = EXIl-'~~-'- ..~ '- PAC IJ',..:iL F"", -.....oV.øoo j 1 I , I --, 1 1 -, , J I I I ~) . , ~J I I , ; ¡ J I I , J J j /'-) ,.) j ROUTINE WETLAND DETERMINATION DATA FORM . (Federal Manualfor Idenrifying and Delineating Jurisdü;tiorwl Wetlimds, JanWlry 1989) B-TWELVE ASSOCIATES, INC. Project: t:- ,L .+~ ~ Jobl: '15~/() ~ Investigator. Ed Sewall Date: Z. -/() -Cf S- Jurisdiction: H-~" / ~. State: WI" SamplePoint#:DP#-.3 Wetland: Atypical areas analysis: tits '-\.f.v1 ~,;..... ,,~,...~ ,;..1-;, ~,.... ,~f(A-. ~/... ¡:;,. l-.sf- KJ Y r: ÞJ'"'..! Problem areas analysis: t1/', ./ / VEGETATION Dominant plant species 1. ?k/~/S o./')I,.,'/.~ ('L.A. 2. oS Co,..,. "IJC ~.! ,.... C¿ ..... o.sc... 3. t2. v bv-S el,.! co ¡,,- 4. 5. 6. 7. 8. 9. 10. II. 12. 13. 14. 15. % of species OBL, F ACVI and/or F AC: Comments: Indicator. I FACvv Frt(' v Frtc rJ Coverage % Stratum # s ..:> '33 Hydroplrytic vegetarian crireria 1T1£t: Ye£§ Maninal SOILS Mapped Soil Series: Depth(O in) ~in. -~. -~. ID. Indicators present:_hÍstosol,_hÍstic epipedon,_sulfidic odor,_aquic moisture regime,_reducing conditions, -JI~ying.'_~n~etions, ~ surfi~ial organic content,_organic st:reaking,_mottling Hydric sorI cntena mer: Yes BasIS: ,..,~ I :...,./,. roo h,. f Comments: 4ikv'V) Matrix color IO'ffZ. 3/7.- On Hydric Soils List?: Y es ~ Dt2Ïnage Class: ¡I'V1 w];) Mottle color Texture!1 I /Vð...,,¿, 0, I" A i1'blI"'1 S ~ I ð '" ^1 , " ¡ HYDROL<lÇY ',.,. r- In~dated:.æN Depth of Standing water: /7. Saturated:c1/N Depth to saturated soil: ~ J,. r- c..( Indlca~rs present:_inundated,_satura.ted upper 12" ,_water marks,_drift lines,_sediment deposits _drainage pattems,_oxidized ~SPheres,_water st4Ïned leaves Wetland hydrology criteria 1T1£t: No Basis: Comments: SUMMARY 0 F CRITER.U /'. Hydrophytic vegetation:~ Hydric soils:uY@) Data poiTll meers the cri1eria of ajuri.rÆcrionaI Wëilánd?: w"'" COMMENTS: 70 It .... 1.1 ,1..rl-d...,J 1'f1,...: ....,... I ~ ~Ú8; -.....-.- I!)("i_,:-'~:-'-' ,'- L " , "I." --- PA' ' " 2,11. ~j ~-1L 1 ì -. ; j 1 ì ..-, .í .3 J I I .,.--.. J :J I I J I I J j [-', :) '. ~. j J ROUTINE 'WETLAND DETERl\1INATIONDATA FORM . (Federal Manual/or Identifying and Delinea1ing JurisdictiorwI Wetlilnds, January 19B!!) B-TWELVE ASSOCIATES, INC. Project: &d.-Ir,l /--k Job#: éf5".¡ð8 Investigator. Ed Sewall Date: z--/o -q S- Jurisdiction: fftb~... I ;,.../.. ì State: ¡,..r A . Sample Point #: DP# -4 Wetland: Atypical areas analysis: ' ¡'.(f ~"h, ¡"""..J'ø/ ,:,;;;; ~,... .lì-.",-. AI/;! I.,/ü. Problem areas analysis: ffO VEGETATION Domin.ant plant species 1. AI,.,.,.. ,...Ji; r ~ 2. S...,....,b.,tW r-"C,/,...."sc..... 3. .e.l.lb..-J I...c.,-.-....fv..s 4. '.),.+ o.:..c... ';"(J,-~~ 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. ¡oJ. Indicator P-A-c. ¡::......c.v prCt.J F~'- Coverage % S tra nun <;' .s s % of species OBL, F ACW and/or F AC: Comments: 5""() Hydroplryric vegetation criIeria mer. Yes No ~ SOILS Mapped Soil Series: Depth(O in) Œ~. -~. -~. -in. Indicators present:_hÍstosol,_histic epipedon,_sulfidic odor,_aquic moisture regime,_reducing conditions, --$leyjng,_concretions,_wgh surficial organic content, organic st:reak:ing,_mottling Hydric soil crireria mer: Y es ~ Basis: ,, . i ..,) :c:+Or..!' Comments: ~/kþV"vJ Matrix color 2.5Y 4-/.3 On Hydric Soils List?: Yes t'Ñ);) Drainage Class: /'V1 wD Mottle color TextuJ:e .s:- ~ .. I.. ... ^"" HYDROLOGX- . Inundated:..YlJVDepth of Standing water. Saturated:crm: Depth to saturated soil: Sv ,.~~ Indica~rs present:_inundated,_saturated upper 12 w ,_water marks,_drift lines,_sediment deposits _drainage pattems,_oxidized~SPheres,_water stained le3ves Werland hydrology criIeria met Y No Basis: Comments: SUMMARy 0 F CRITERIA Hydrop~ytic vegetation: YfN-: Hydric soils:-TI& Dma pO/./ll mar.r the criteria of a jurisdictional wetliuzd?: W~d hydrologytYrN Yesw COMMENTS: ).t.,...)¡..~l~.... o..rr-..-Ç.¿.~ e.!( þ',,~/ Fr-e-.--... ,...¡.~ ,~ ,,;L~c.. ,,-.....-....., ¡"'of'- ,?-,Je..~/Ç I (JI/-() 1-1. I , / :....--y....,. sç'Jn.,"!~' . L \\ ~. "",oi'" I --- Pj\ ~-~:~S "~J.' . . -" . < . -j ~ t i ,~ 1 1 : ..i i f I 1 /~ j ,IJ ',,", -, 'oJ ROUTINE WEILAND DETERMINATION DATA FORM (Federal Manualfor Identifying and Delinearing JurisdictWnal Wetlands, January 1989) B-TWEL VB ASSOCIATES, INC. " Project: E~J.c,.( Y'_k lobI: q5'-/()PJ Investigator. Ed Sewall Date: 2-1() -ers- Jurisdiction: ~~-¡ ""-- State: w/t Sample Poiny--: DP# ~ Wetland: Atypical areas analysis: ~1, }.., k.;I-.. (jrf,¡::,,-,../:.. t!!(~......h.A R'"..... r.. Gb.* C,,-t"-, Problem areas analysis: I' ,..;:;., -/ I . . VEGETATION Dominant plant species 1. ff/,..,../..J /'V þ,-,,", 2. 0,.,...../..,...... ("..Ail.!'!;"""""" 3. ..s;".... b,,~/.;.š' r..lj~... 4. (IN /", ~ W"' v,.".;.,. t"I'e>.. 5. f./~ hr... .,./",( e:. 6. J2.....h~.s v,.~,;,,~...s 7. 8. 9. 10. II. 12. 13. 14. 15. Stra!YIn I -5 .5 ~ /7 H Indicator ¡:;.~ F,+c v F.I-.' f./ frkw F"c.- C. FÆ<: V Coverage % % of species OBL. F ACW and/or F AC: Comments: S-o HydropJryric vegetarian crileria met:~ SOn..s Mapped Soil Series: Depth(O in) ~ in. i ß"!n . -~. m. Indicators present:_histosol,_histic epipedon,_sulfidic odor,_aquic moismre regime,_reducing conditions, -.Jleying"Zconcretions, ~ surficial organic content,_organic streaking,_mottling Hydric soil cri¡eria met: Yes N Basis: ",,"0 ,-,..,,¿,I'- .-;:..r...r /" Comments: /Iov,,-...v1D-..J ~OAJC""~+J;-S ... f- (. N 7n... HYDROL°7§ 0 Inundated: Y Depth of Standing water: Saturated:..x£ Depth to sa.tura.ted soil: Indica~rs present:_inundated,_saturated upper 12" ,_water marks,_drift lines,_sediment deposits _draInage pattems._oxidized rhizo~,_water stained leaves , WeIland hydrowgy cri¡eria mer: Yes Basis: r""'ð t'-./"f"'~"-"- Comments: /f!kw,,¡;¡) Matrix color /0 't f2- 2./2- /DYI"- :5ð On Hydric Soils list?: Y es ~ Drainage Class: M J...,I Þ Mottle color Texture . 5'~ /,"" - .5' ~~. /" '" SUMMAR Y 0 F CRITERIA Hydrophyticvegetarion: YrN ~ Hydric soils: y@ì W~~d hydrology' YÆ DaJapoiru ~ets ¡hi: criteria ofajurisdicrional ~?: Yes ~QJ . COMMENTS: mr-'.7-',~~~:'-' L 0 - ~"'. ~.~ PAr 1', ~-'-L :110"""""""9""" ~. "oj . l 1 1 I -, ; -~ ] I I ,., . r '\ , ;II "J I I :, ¡ -' ¡ I 1 I ..; . ~ .. j .,~ t) - I .; ROlJTTh"E 'WETLAND DETERMINATION DATA FORM (Federal Manual/or Identifying and Delineating Jurisdictional Wetlands, January 1989) B-1WEL VB ASSOCIATES, INe. Project: Ev&J._f~d f?--k Job#: 95.,/08 Investigator: Ed Sewall Date: :z -/0 -'9S- Jurisdiction: F~/ A/...... State: (,../;:t ~le Point #: DP# ~ Wetland.: Atypical areas analysis: ~tf. /o.IA¡~ p.......~, I;"'~ -!"'Ii &;v'".;.., r? IdA /if /0 vuv" S Problem areas analysis: f.v G> " VEGETATION Do~tp~t~i~ . 1. .s~/rt"A /ov../c,s,"r- 2. ~ Ò løvV(/~ ';cJvfrr:.--'-^<.. 3. 4. 5. 6. 7. 8. 9. 10. II. 12. 13. 14. 15. IndicatDr FA-( IV .l=A-c - Coverage % Stratum 5 # % of species OBL, FACW and/or FAC: Comments: /v¿) liydropJryric vegaarion cri1eria ~ No Marcinal SOILS Mapped Soil Series: Depth(O in) ~in. LL!n. -~. In. Indicators present:_histosol,_hisric epipedon,_sulfidic odor,_aquic moisture regime,_reducing conditions, --.$1~Yin~,~~n~etions,_~ surfic::ial organic con~~_o.rganic streaking,_mottling Hydnc sod cnJena met: Yes - BasIs: ."vI:> ,;.....r.~-..h 'J'" Comments: c.""""cr.('f'..-...s- ¡:.,-r- 8.,.."" ~~ . 7'~ 0/ ."l;¡ kë:.. '"-'en-....! 1;..",J/~.,'<:>r- / HYDROLO~ . In~dated: y/N Depth of Standing water. Saturated:54Þ Depth to saturated soil: IndlcatDrs p ent:_inunda.ted,_saturated upper 12~ ,_water Iriãíks,_drift lines,_sed.iment deposits _drainage patterns,_oxidized ri:ù.zo~res,_water stained leav~ WerÙlnd hydrology cri1eria mer: Yes No) Basis: /'Vð i.;J,I,-/,..,~~..J Comments: (1/ elu '""'~ c:P Matrix colqr / ¡JY/2. 7.-/1 /07/2- 4/2 On Hydric Soils List?: Yes @ Mottle color Drainage Class: /IJ W]) Te~turel " s---, /Glc.....-. - SUMMAR Y 0 F CIUTI;R!A Hydrophytic vegeution:(Yili Hydric soils: YIN~ W~d hydrology. ~ DaIa poin! /1U!ets tllt: criteria of a jurirdiaional w~?: Y est !!cv . COMMENTS: ~ =:__i~ EXc,.J¡Ht~.\ ';wc- I.. PAG ~. --2.1-;~ .".7.~ . 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 ofthe 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 A IT ACHMENT Page 1 of 4 " 2 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: 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; 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 ATTACHMENT Page 2 of 4 page 2 of 4 2 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 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 A IT ACHMENT Page 3 of 4 2 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 areas) 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 profiJe, 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 22-1601. 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 22-1601 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. A IT A CHMENT Page 4 of 4 2 IIENCHTEDW\EXHIBITCCCIFebro.ry 10. 1998 Exhibit C Office Park Zone (OP-4) Development Regulations page 4 of 4 A TT A CHMENT 3 PAGE 1 of 12 A TT A CHMENT 3 A. RESPONSES TO CITY COUNCIL QUESTIONS BROUGHT UP DURING THE NOVEMBER 13, 1997 HEARING 1. How does the King County code address removal of trees when property is developed? Under existing King County code, could all the trees be cleared with development? What kind of buffer requirement would there be under King County for a parking lot? Tree retention requirements under the King County code is done by assigning a P Suffix designation to property. If a piece of property does not have a P suffix designation, there are no restrictions as to clearing of trees. However, King County Code (KCC), Section 21A.16 -- Development Standards -- Landscaping and Water Use has landscaping and buffer requirements governing development of property. Based on King County Code (KCC), Section 21A.16, the average width of perimeter landscaping along street frontages for commercial use or attached/group residence development is ten feet of Type III landscaping. This means that whether a parking lot which is accessory to a commercial use, such as Enchanted Park, or multifamily, which could be constructed under the existing King County R-4 zone, is constructed, the requirement for a ten foot wide Type III landscaping would apply. If a residential subdivision was constructed, only street trees would be required. Type III landscaping is a see-through screen that functions as a partial visual separator to soften the appearance of parking areas and building elevations. Type III landscaping is characterized by a mix of deciduous and coniferous trees generally interspersed throughout the landscape strip to provide a continuous canopy. Federal Way City Code (FWCC), Article XVII -- Landscaping requires a ten foot wide Type III buffer when an Office Park COP) zone abuts a right of way. This is a very similar requirement to King County's. For the new parking lot proposed for Parcel V, the perimeter landscaping abutting adjacent public rights of ways exceeds Federal Way requirements. Landscaping proposed adjacent to Milton Road is a 10 foot wide Type I buffer. Landscaping proposed to be installed along S. 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 IT parking is a 20 foot Type I buffer along the remainder of S. 369th and 19th Way South. In addition, King County requires interior landscaping to be provided within surface ATTACHMENT 3 PAGE 2 of 12 parking lots. For example, 25 square feet of vegetation per parking stall is required when 31 or more parking stalls are provided. The Federal Way requirement, which the parking lot will comply with, is 22 square feet per parking space when 50 or more parking spaces are provided. 2. Staff was requested to research the eagle sighting. City staff, the applicant's biologist and the City's biologist all visited the site. There was no evidence of any raptor habitat nor were any raptors sighted. 3. How would the city respond to a noise complaint from a citizen living outside of Federal Way about a noise impact within our City limits? The city would respond in a similar manner to a complaint about noise regardless of whether the person lodging the complaint lived in or outside of city limits. 4. What process is used by Federal Way to handle noise complaints? If noise complaints from the evening operation of Enchanted Park were lodged after normal city working hours, they would probably be received by the Department of Public Safety. Based on information received from Deputy Police Chief Wilson, the Public Safety Department would rely on Federal Way City Code (FWCC) , Section 10-26, which states that It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that is a public disturbance. If a noise complaint was received by the Public Safety Department, the department would take the complaint and monitor the situation. Depending on the situation, experts would be called in to take noise readings or the situation would be referred to the City Attorney's Office. If the complaint was received during normal business hours, it would be forwarded to the Code Compliance section. In order to resolve the situation, the Code Compliance Officer would visit the business in question to try to resolve it face to face. In resolving the situation, the Code Compliance Section would utilize FWCC, Section 22-956(a), which states that the city has adopted by reference the maximum environmental noise levels established pursuant to the Noise Control Act of 1974, RCW ch. 70.107. Based on the provisions of the Noise Control Act, Enchanted Park is classified as a Class B EDNA and the receiving residential neighborhoods are classified as a Class A EDNA. Between 7:00 a.m. and 10:00 p.m., the noise levels originating from Enchanted Park can not exceed 57 dba as measured by a 2 A TT ACHMENT 3 PAGE 3 of 12 " sound level meter located within the residential properties. Between the hours of 10:00 p.m. and 7:00 a.m., the noise levels may not exceed 47 dba. However, there are the following exceptions: At any hour of the day or night, the applicable noise limitations may be exceeded for any receiving property by no more than (i) 5 dba for a total of 15 minutes in anyone hour period; 10 dba for a total of 15 minutes in anyone-hour period; or (iii) 15 dba for a total of 1.5 minutes in anyone hour period. In order to determine whether the noise levels originating from Enchanted Park exceeded adopted noise levels, the situation would have to be monitored. 5. What process is used by King County to handle noise complaints? Based on a conversation with Wally Swofford, Supervisor of the Chemical/Physical Hazards Program of the King County Health Department, in the past, the noise ordinance was enforced by the Police Department, as a misdemeanor under the criminal code. This process was based on maximum allowable noise levels and the noise levels had to be measured at the time that the complaint was received. King County will be changing the enforcement procedure whereby, a noise violation will now be treated as a civil penalty and the police department could issue a ticket on the spot as a public disturbance. Under this process, there will be no maximum allowable noise levels set. Until the code is changed, the Health Department is trying to resolve noise complaints to the extent possible over the telephone. 6. Staff should draft a letter on behalf of Council requesting that no parking be instituted on 369th. (It would be good if this happened before the next hearing so that a good faith effort is shown). The applicant, Jeff Stock requested that the City not draft a letter to King County. Instead Mr. Stock has contacted King County about the request to restrict on-site parking on the south side of South 369th Street. Based on information received from Mr. Stock, King County engineers have met with the homeowners three times so far in an effort to address the problem. 7. Does King County have Urban Design Guidelines for the Regional Business zones. King County has not adopted any urban design guidelines. 3 A TT ACHMENT 3 PAGE 4 of 12 8. The concomitant should be more specific about hours of operation and buffering. Between the November 13, 1997 public hearing and the present, the proposed concomitant development agreement has been modified to be more specific about hours of operation. Section 4.1 of the concomitant development agreement, which addresses Hours of Operation, states that for property located south of the north/south dividing line shown on Exhibit J of the Concomitant Development Agreement, 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. Please refer to Section A.I of this attachment for a description of the proposed buffering for the new parking lot proposed for Parcel V. 9. What will happen with the large sign if the regional recreational use goes away? As proposed in the concomitant development agreement and the development regulations for the Office Park 4 (OP-4) zone, the existing large freestanding sign located adjacent to 1-5 shall be allowed only in connection with a 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 of the Concomitant Development Agreement 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. 10. How do we handle height in commercial zones in the City when development is proposed adjacent to residential areas. Staff to prepare a comparison between what is proposed within the concomitant agreement and existing city code. Also, staff to research what King County Code would require. 4 ATTACHMENT 3 PAGE 5 of 12 A comparison of existing height restrictions for selected districts and those proposed within the development regulations for the Office Park 4 (OP-4) zone will be provided to City Council members prior to the February 17, 1998 hearing. 11. Does retail on the site become a detriment to the City Center Core/What is the impact of the added retail to the rest of the City? The comprehensive plan targets the city center for the development of commercial and office uses for this region. The King County County Wide Planning Policies define urban centers as concentrated, mixed use areas, a maximum size of 1 1/2 square miles (960 acres). At buildout, the policies envision that the center would contain a minimum of 15,000 jobs within one mile of the transit center, or 50 employees per gross acre and an average of 15 households per acre. The urban center designation will help Federal Way gain access to county funds needed to provide infrastructure as the city center grows. The city center zoning and development policies have been created in order to achieve the household and retail densities envisioned for urban centers in King County. The city center is approximately 414 acres in size with approximately 3.2 million square feet of existing retail development. Based on both vacant and redevelopable land, the available retail building capacity within the city center core is approximately 2.8 million square feet and within the city center frame, it is approximately 0.8 million square feet for a total of 3.6 million square feet. This is more than adequate capacity to support the requirements for an urban center. .. If there is additional retail development located within the Enchanted Park Annexation area, this would open up another option for people to locate outside of the city center. However, the same is true if new development were to occur at any of the other retail nodes with development capacity within the city. It is not possible to conclude with hard numbers how additional retail development outside of the city center would impact it. 12. What is our obligation and process if an eagle nest is discovered on Parcel Q? If an eagle nest was to be discovered on Parcel Q, the City would be obligated to follow all pertinent environmental laws relating to protection of eagles. In addition, appropriate action would be necessary pursuant to the State Environmental Policy Act (SEPA). As stated under Section A.2. of this attachment, city staff, the applicant's biologist and the City's biologist all visited the site. There was no evidence of any raptor habitat nor were any raptors sighted. 5 ATTACHMENT 3 PAGE 6 of 12 13. Will the interior parking lot landscaping meet existing city code? The interior parking lot landscaping exceeds the requirements of Section 22-156ï of FWCC, Article XVll -- Landscaping pertaining to parking lot landscaping. Based on this section, 23,430 square feet of interior landscaping would be required, and 31,845 square feet of interior landscaping will be provided. 14. What is the history of zoning of Parcel V? (This question was brought up by Council Member Watkins after the November 13, 1997 public hearing). The September 1986 Federal Way Community Plan and Area Zoning shows Parcel V as having two zone designations; the eastern portion is zoned Suburban Residential and the western portion is zoned SR (RM-2400-P) (Exhibit 1 of Attachment 3). This means that the eastern portion was zoned for single family and the western portion was zoned for multifamily if constructed as a Planned Unit Development (PUD). On December 18,1990, the final plat of Regency Woods Division I (Exhibit 2 of Attachment 3). was recorded with King County. Regency Woods, Division I was a 226.06 acre subdivision into 458 single family lots, five multi-family lots, and one lot for business uses. Parcel V was designated as multifamily. On December 20, 1993, Parcels T, V, W, X, and Y of Regency Woods Division I were recorded as the Enchanted Woods Planned Unit Development (PUD) creating 462 multi family units broken down as follows: Parcel T - 0 units (drainage easement) Parcel V - 177 units Parcel W - 90 units Parcel Y - 69 units Parcel X - 126 units On April 26, 1996, the portion of the PUD covering Parcel V was vacated by King County upon Jeff Stock's request. Upon vacation of the parcel, the zoning of Parcel reverted back to single family (R-4, Residential. 4 units per acre). 6 ATTACHMENT 3 PAGE 7 of 12 B. RESPONSES TO QUESTIONS FROM THE PUBLIC BROUGHT UP DURING THE NOVEMBER 13, 1998 PUBLIC HEARING 1. Potential impacts associated with removal of trees and construction ofoarkin(J lot on Parcel V (i) (ii) (Hi) (iv) Large sign facing 1-5 will be a detriment to neighborhood, particularly after the trees come down for the parking lot. Music/noise is already a problem, taking down the trees will make it worse. Don't want trees taken down on 369th for reasons noted above related to noise, glare visually being able to see the rides, signs, etc. The rest area on Milton Road was used as an example of how trees can be retained with development. Between the November 13, 1997 meeting and the present, the applicant has met with the neighbors and has incorporated perimeter buffering on Parcel V that far exceeds both the King County and Federal Way code. In addition, a berm approximately ten feet in height is proposed as part of the Phase I parking on parcel V. While removal of trees may make the Enchanted Park activities more visible, trees themselves do not act as a noise barrier. The installation of the proposed landscaping and beml should act as an effective substitute for the removed trees. Furthermore, the existing background noise from the freeway already acts as background noise for the rides. Any glare or light on the Enchanted Park site must conform with the requirements of FWCC, Section 22-954 which states that light sources must be located so as to prevent glare produced from any light source, to the maximum extent possible, from extending to adjacent properties or to the right-of-way. In addition, the maximum wattage of outdoor lighting is regulated by Table 15-1 of the Washinglon Energy Code. 2. Potential Impacts associated with hours of operation (i) Extending hours of operations will allow the noise to go longer, parking problems stay longer and attract older children who may cause problems. Please refer to response under Section A8 of this attachment. (ii) The language in the Concomitant relating to the Federal Way Director of Community Development Services having the authority to modify 7 ATTACHMENT 3 PAGE 8 of 12 hours of operation was not enough. The residents feel that Federal Way will not be responsive to complaints. Please refer to response under Section A8 of this attachment. (iii) Concerned that neighbors won't be listened to by City, particularly if Enchanted Parks is in City and they are in the County. Don't trust the City or political system. The City is obligated to respond to any complaints about activities within the City regardless of whether the party complaining lives within the city or not. 3. Environmental Concerns (i) Eagle's nest on parcel Q should be taken in to consideration. Please refer to response under Section A2 of this attachment. (ii) Concern about birds and that there is a wetland on Parcel V. Potential adverse impacts on wildlife and birds were addressed as part of the October 28, 1997 Determination of Non significance (DNS). No threatened or endangered birds are present on the site and the City received no comments about potential impacts on birds from environmental agencies that were sent a copy of the (DNS). The city's wetlands biologist and the applicant's wetlands biologist visited the site and agreed that there is an artificially-created wetland on site. The City issued an Addendum on January 30, 1998 addressing the artificially-created wetland. Artificially-created wetlands are exempted under the proposed development regulations for the Office Park 4 (OP-4) zone. The change to the development regulations does not provide any significant new information as to the proposal's adverse environmental impacts in light of the applicant's corresponding commitment to provide an equivalent amount of surface water detention volume and water quality measures in the vicinity of the existing artificially created wetland on Parcel V. 8 A TT ACHMENT 3 PAGE 9 of 12 4. Concerns with proposed land use and zoninf (i) (ii) (iii) (iv) (v) (vi) Don't want parking allowed on 369th street. Please refer to response under Section A6 of this attachment. Don't want exits out on to 369th street. The submitted site plan for Parcel V shows no exits on to S. 369th Street. Furthennore, Section 4.28 of the concomitant development agreement states that Direct vehicle access to South 369th Street shall be prohibited so long as Enchanted Park is utilized as an Amusement Park. Want significant buffer along parking lot at 369th. Please refer to response under Section Al of this report. Don't want parking lot on 369th and don't want any future development there. Parcel V was pre-zoned Office Park 4 (OP-4) as part of the adoption of the August 1996 Federal Way zoning map. As a result, it is zoned for future development. In addition, under King County R-4 zoning, a wide variety of residential could be constructed on the parcel. The zoning of Parcel V (the southern 11.47 acres) should be such as to allow parking lots only. The approval of the parking lot on Parcel V will be part of the concomitant development agreement. Therefore, if the concomitant development agreement is approved by the City Council, the site will be approved for a parking lot. Major changes to provisions of the concomitant development agreement must be done in a public hearing by the City Council pursuant to FWCC, Process VI- Legislative Approval. Already too much retail in Federal Way, don't want more on Enchanted property. Please refer to response under Section All of this attachment. 9 " A TT A CHMENT 3 PAGE 10 of 12 (vii) Is the proposed zoning more restrictive in terms öfwhat is allowed, e.g., retail? The 45 acre developed portion of Enchanted Park is zoned Regional Business (RB) by King County. King County Code Section 21 A. 04.110 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. 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 21A. 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. 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. In general, the proposed zoning in terms of allowed retail on the majority of the site is more restrictive than what would be allowed under King County zoning, but is less restrictive than what is presently allowed under King County zoning for Parcels Q and V. 10 ATTACHMENT 3 PAGE 11 of 12 5. . Concerns about tra(fic (i) There will be an increase in traffic associated with a hotel or retail on the Enchanted Park site. Any increased traffic associated with future development will be analyzed and adequately mitigated through the environmental review process pursuant to the State Environmental Policy Act (SEP A) (ii) There is already a traffic problem which is not being addressed. The residents cannot get out of their area when the park is in operation (takes them 45 minutes to get to the 348th freeway exit). King County reviewed all prior development on the Enchanted Park and submitted the applications to the required environmental review. If annexed, any new development will be subject to review and approval by the City. Please refer to above response. 6. Other Concerns (i) Don't want their property values diminished by the expansion of Enchanted Park. All future development will be subject to city review and approval subject to terms of the concomitant development agreement and OP-4 development regulations. (ii) There is trash when Enchanted Park is in operation. Trash collection is a responsibility of the park owner. If the city receives complaints, proper investigative steps will be taken pursuant to code. (iii) The homeowners had requested to be annexed with Enchanted Park, now they are outside ofthis effort. They would like to be annexed in the future. The city is aware of the request and will process any requests for annexation in compliance with city code. 11 A TT A CHMENT 3 PAGE 12 of 12 (v) Want a wall along freeway to block noise. Is there funding for the concrete barriers that are constructed along freeways? Whenever, any improvements are proposed for freeways, an Environmental Impact Statement (EIS) is prepared pursuant to the State Environmental Policy Act (SEP A). Among other potential adverse environmental impacts, the EIS looks at potential impacts associated with noise. The results of the EIS determines whether noise attenuation walls would be installed. In 1992, the Washington Department of Transportation (WSDOT) did a Noise Study as part of the EIS that addressed the addition of High Occupancy Lanes in this vicinity along 1-5. WSDOT found that three residences would be impacted by the project. Mitigation for the impact would have been a nine foot high by 500 foot long wall. Cost per impacted residence would have been $18,000 per residence. WSDOT's cost/feasibility threshold for noise mitigation is $10,000 per impacted residence, therefore, WSDOT has determined that noise mitigation would be cost prohibitive in this instance. No noise attenuation walls are proposed adjacent to Enchanted Park or the residential property to the south. The WSDOT contact is Bill Elliott at (360) 357-2738. C. RESPONSES TO COMMENT LETTERS. 1. November 18, 1997 Correspondence from Sally Robinson Please refer to response under BA.vii of this attachment. 2. December 1,1997 Correspondencefrom George Clziamuloll This letter did not specifically have questions to which a response was requested. It included certain statements which by inclusion is being made part of the record. 1:\ENCHTEDW\ATTACHMJ.WPDlFebruary 11,1998 12 _,.0 "'. -p' - ~~ B-Ç.p B-C-P "- '- / ~ :L.!."--1L.. ¡ M-P B-C l .,~ ~- '" ~ ."'0.000-' s.« RS -15,000 -' .... $ ~ (0 :;: L. 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'-.......... \ \íOJi~'I'/o\\. "'1' / \ "-'~""rP', .C' @ -'~i:'d~\ ~ " I JI;r6f';",'~/>:>, / ", :'I-;,'Çì~~1,",-,~;,;~~~/:j-i j I ""'-.'~;.'/t1>.' '...':>. "'I,;.I-...J~o." :I. .">.." !p. \ """". ,,'ti',,/" '- CII/- \ ,.........';,,/~.. . ~:>- .,1..\ / ,,~.),...~','._~.' '\\"-,\0\ , '\' ,'\. .. / "", /, ~ "'b', ,""> \_,,'8J,.i \ , t;p",c i/ ,,88 @ . If '~\-' ' .....--- - Y , , .- " / I I -'-, I -.-' / TRHt.'T / - 'C' .~ 1 5 4/8 :~ EXHIBITlof ATTACHMENT 3 ..... ..' . .11/24/97 l:>::>b .o'!-ö~U4U {. . JUJ~"" .'<-"oJ . . . .'. d.'..' <:.o.:.t:J'-'\::J/....... . ""':::'.:;'-:~'. ~,~":o.:.._"...~ November 18. 1997 Plúl Watkins Federal Way City CoULci1 Fax # 253-661-4024 Dear Mr. Watkins. I attended the City Council meeting that was held on November 13th regarding the annexation and fe-zoning ofWlld WavesIEnchanted Village. There was one point that I felt the .city planner Margaret Clark did not make clear and I was wondering if the council members were aware of this fact. The. question was posed to Ms, Clark by the council regarding what could be built by Wild Waves as it now stands with King County zoning and Ms. Clark replied 'just about anything as it stands now. including a super mall., The parcel I have highlighted in black (where Wild Waves wishes to build a parkir¡g lot) on the attached survey is currently zoned R4. residential 4 lots per acre under King County zoning codes. ~ I felt Ms. Clark did not make this clear, what Wild Wave~ is asking for is in part a re- zoning fi'om residential to office park, and as the zoning now stands they would not be able to build absolutely ;('.~ttbing, at Ms. Clarlc implied in her presentation. If you have the time, I would really appreciate a reply. just so I know you' received my message. That was my first council meeting I have ever attended and I was impressed with you and also by Mazy Gates. I felt you tried to see our side and asked intelligent questions, I also liked the point you brought up about keeping the retail core of shops in downtown Federal Way. I couldn't agree more. Thank you. ~~ RÐb<"~<N Sally Robinson 37115 17th Ave. S. Federal Way. Wa. 98003 Home # 253-874-2569 Work # 206-284-7617 AITACHMENT Page 1 of 4 4 .' ..~.., -~, ~. ATTACHMENT' Page 2 of 4 4 . I ~ , , ~ Å ~ EXHIBIT ~ . PAGE I OF I . (j..)d~ -z..ßne.d..re.S \~t:.<:J.. cV I 1(,;"'\ . ¡ Cov(ì~. ! RECEIVED BY r,()MMIINITY DEVELOPMENT DEPARTV::~J1 DECEMBER 1, 1997 :-!fJ ~ 1qq~' FROM: GEORGE CHIAMULON 37119 17TH AVENUE SOUTH FEDERAL WAY, WA. 98003 (2~5:::; 661 -2203 TO : CITY OF FEDERAL WAY ì1ARGÞ.RET CLf\RK ~;ENIOR PLANNER 33530 1ST WAY SOUTH FEDERAL WAY, WA. 98003 (25::) 6E.l-':::111 SUBJ: ENCHANTED PARK ANNEXATION, NOVEMBER 13 PUBLIC HEARING DEAR r'1f-\F.:/iGRET 1 HOPE CITY OFFICIALS WERE IMPRESSED WITH THE NUMBERS OF PEOPLE ATTENDING THE MEETING. I FEEL THE UNDERLYING CURRRENT OF MISTRUST IS VERY CLEAR. I HOPE CITIZEN CONCERNS PROMPT COUNCIL MEMBERS AND PLANNING COMMISION MEMBERS TO VISIT THE PROPOSED ANNEXATION SITE IF THEY HAVEN'T ALREADY. DURING THE SUMMARY OF CALLS AND LETTERS TO THE CITY COUNCIL, I FEEL AT LEAST ONE CALL WAS MISREPRESENTED. I VOICED CONCERNS ABOUT LEAVING TREE'S TO STAND ALONE AS THET WOULD FALL, WHAT WAS NOT MENTIONED WAS COMMENTS ABOUT LEAVING GROUPS OF TREE'S AT SPECFIC LOCATIONS FOR COVERING. > ' I FULLY UNDERSTAND PROCEDURES WERE FOLLOWED IN THE PREPARION OF THE ANNEXATION REPORT. RECOMMENDATIONS WERE MADE FROM THE BLACK AND WHITE OF IT ALL, BUT TO MANY LEFT A LOT OF GRAY AREA. MARGARET CLARK EXPLAINED AWAY NEARLY ALL OF THE CONCERNS OF THOSE WHO EITHER CALLED, WROTE OR VISITED. IN PRE?ARING THESE ANNEXATION PAPERS, I. FEEL THE PEOPLE SURROUNDING THE PARK ARE BEING LE~T BEHIND IN THIS GRAY AREA. I ASKED MARGARET CLARK IF SHE HAD VISISTED THE SUBJECT AREA DUR:NG THE BUSY TIMES AND HEAVY TRAFFIC? MARGARET CLARK INDICATED SHE WOULD BE LOOKING AT THE AREA SOON. ALTHOUGH THIS FACIL~TY IS AN EXISTING ONE, TO ZONE ¡T WITH ALL THE PERKS ALLOWING SO MANY POSSIBILITIES TO ME IS APPALLING. THIS AREA IS A CON JESTED ONE AT BEST. LAST NIGHT I HEARD FOR THE FIRST TIME A HOTEL COULD BE BUILT UNDER THIS ZONING. THIS WOULD CREATE A FURTHER BURDEN ON THE TWO ENTRY'S TO THESE SUB- DIVISIONS. THIS WAS AN OPPORTUNITY TO CHANGE THAT. A IT ACHMENT Page 3 of 4 4 -- -- I TRUST INCOME GENERATED FROM THIS ANNEXATION THROUGH TICKET TAXATION IS NOT THE DRIVING FORCE TO APPROVE THIS PROJECT. I FULLY UNDERSTAND THE CITY OF FEDERAL WAY POSITION IN BEING ABLE TO SAY THE PARK IS PART OF THE CITY. THIS POSITION MAY COME AT A HIGHER PRICE FOR THOSE WHO LIVE AROUND THE PARK. ACCORDING TO PUBLIC WORKS, THE HEAVY TRUCK TRAFFIC WOULD HAVE TO BE LOOKED AT ON MILTON ROAD DURING ENCHANTED PARK HOURS OF OPERATION. THE FRONTAGE ROAD ( MILTON ROAD) WOULD BE WITHIN THE ANNEXATION. I HAVE HEARD NOTHING ABOUT THIS POINT OF ORDER TO DATE FROM ANYONE IN THE CITY. PUBLIC WORK INDICATED THESE POINTS OF ORDER WOULD BE DELT WITH AFTER THE ANNEXATION THROUGH THEIR EXISTING TRUCK ROUTE POLICY'S. vJITHII..~ THE P¡.'\ST TWO YEARS LLOYDS SAND AND GfU\VEL REOLjES;TED AUTHORIZATION TO OPEN UP THE SOUTH END OF 19TH WAY SOUTH FOR THEIR TRUCK TRAFFIC. TO MY KNOW_EDGE IT WAS DISAPPROVED BY KING COUNTY. THE ROUTE THESE TRUCKS TAKE WOULD BE THROUGH A RESIDENTA~ AREA, WITH A TOT LOT LOCATED, WHERE THE ROAD WOULD AOCESS 19TH WAY SOUTH. DURING BUSY TIMES I~ THE SUMMER THESE TRUCKS OFTEN TURN ON 369TH AND 19TH ~AV ~OLT~~ ~~ M.58 THE HEAV\ 7~ 7~:L F?~M THE P¡.';¡~K. THE m'.!J'-.ŒF: OF rue. ,::'/\H'~. ,-,,-,:) HE IS TR"/Ii',IC .:-i., bL'.::':-".:":; ~EI3HBOR. CONCERNING:HE TRASH AROUND THE PARK IN TWC ST~~[T5 I WOULD SUGEST HIS Ì'~i:\:: r.iTE:.¡/\r-.ICL-: Cf<EVJ :(:,i:E. ¡:\ TC!...;F~ ,',' ..,- ,'.-- ....'ö. ...:::::. ,"",F:::::CTLiD /d:;:Ef';S or,; Df\ I:"'"; ¡-, .', ,--. '-,', ;;::'fm',,:::-,;, .:::. ( ¡ L BE r.¡¡"-,DE P l:,,~(r OF -~, ".. i C-¡;:':: /, :) ro: E /, T .: u ¡-.J AGC3RE!'1ENT) . ONE GEi"'-HLEi"!EN B¡:'::C.iUl'3HT UF' THE r~Ef3T lr'Æ EÞiC3L:=S m~ T'-JE Ej<~:T \::~., 'L: OF THE PARK. THIS WAS A FIRST FOR ALL CONCERNED. IRRESPECTIVE OF THE PROSPOSED ANNEXATION OF THE PARK WITHOUT THESE SUB-DIVIONS, THE AFOREMENTIONED ISSUES STILL EXIST. THE VALUE OF THE SUB-DIVIONS ( RESIDENTIAL) IS NEARLY SIXTY MILLION DOOLARS. I WAS TOLD BY FEDERAL WAY PLANNING DEPARTMENT GENERALLY THOSE TAX'S RECEIVED OFFSETS THE COST TO MAINTAIN --,THE ADDED FACILITIES. HOWEVER THIS WRITER IS HOPEFUL PROBLEMS WITHIN THE SUB-DIVISIONS CAN BE OVERCOME SO WE CAN BE A PART OF THE CITY OF FEDERAL WAY AT A LATTER DATE. I WOULD REQUEST A COpy OF THIS LETTER BE MADE PART OF THE FILE AND MADE AVAILABLE TO THOSE WHO WILL BE VOTING ON THIS MATTER FOR THEIR REVEIW.. RESPECTFULLY YOURS ~E~ A IT A CHMENT Page 4 of 4 4 PETITION FOR ANNEXATION TO THE CITY OF FEDERAL WAY TO: HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF FEDERAL WAY 33530 FIRST WAY SOUTH FEDERAL WAY, WASHINGTON 98003 Council Members: Pursuant to RCW 35A.14.120-.150, the undersigned, who is the record owner of not less than sixty percent (60%) in value according to the assessed valuation for general taxation of the real property for which annexation is petitioned, hereby petitions the City Council of the City of Federal Way (the "City") for annexation of the following area: A legal description of the property for which annexation is petitioned (the "Subject Property") is attached hereto as Exhibit A and incorporated herein by this reference. A map outlining the boundaries of the Subject Property is attached hereto as Exhibit B and incorporated herein by this reference. The Subject Property is contiguous to the eastern boundary of the City. A chart showing the ownerships within the Subject Property and tax assessments for these ownerships is attached hereto as Exhibit C and incorporated herein by this reference. A vicinity map showing the proposed annexation area is attached as Exhibit D. Petitioner acknowledges that the City Council has required the assumption of any existing City indebtedness by the Subject Property upon annexation, to be assessed and taxed at the same basis and rate as other real property within the City. Petitioner further acknowledges that as part of the annexation of the Subject Property, the City Council will consider the adoption of an ordinance or ordinances establishing zoning on the Subject Property to take effect upon annexation, including the following: A Pre-annexation Concomitant Zoning Agreement establishing a Office Park Zone (OP-4), pursuant to RCW 35A.14.330, .340 and FWCC 19-104, for the Subject Property owned or controlled by Enchanted Park, a draft agreement of which is attached as Exhibit E hereto and incorporated herein by this reference. Dated this q th.- day of February, 1998. AITACHMENT Page 1 of 5 5 (print name) Petition For Annexation #7146315361-2 1J5301!.DOC 2/06/98 page I of I 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 tnfl !}¡J Q. PARCEL OWNERSHIP CD ENC~D' PARKS INC. 0 ENCHANTED PARKS INC. 0 ENCHANTED PARKS. INC. CD ENCHANTED PARKS INC. @ KING COUNTY @ W.S.D.O.T. n SCALE: 1" = 400' ~ I 0 400 800 ~ "1'<,,- 1J'f1"k 0 ~Q. ~ .>' "b~ 't. /. ~ú'~ '5-"-" o~ --'Y.. ~",,'a "',.-:;"~ ð"b>:£. :J~ ~ -p ø (}) ø h A IT ACHMENT Page 2 of 5 5 .;.. [I ESM inc. 720 So. 348th Street F'EOERAL WAY. WASHINGTON 98003 PHONE: (253) 838-6113 JOB NO. 163-03-950':"006 DRAWING NAME: 163\03\EXH-ANNP DATE: 02-06-98 DRAWN: C.A.r.jR.J.B. SHEET 1 or 1 . (I( I_flOC. l.IIIO \IJ!I{J.'" PIIOUIIffaIOI CO6111Ç rill ATTACHMENT Page 3 of 5 EXH'r-.~ , Ibl. A 5 I~ ESM inc. A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM Enchanted Parks Job No. 163-03-950-006 October 16, 1997 LEGAL DESCRIPTION FOR A1\'NEXA TION 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-D / 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 recorded 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.1), 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; See attached Exhibit "B". IXPIAU THENCE southeasterly along said southwesterly margin to the POINT OF BEGINNING. ) Written by: C.A.F. Checked by: R.J. W. \\esm\sys\wrd-proc\legaI\1630304.doc J oj I? /17 720 South 348th Street. Federal Way, Washington 98 Federal Way (206) 838-6113 . Tacoma (206) 927-0619 . Seattle (206) 623-5911 . Fax: (206) 838-7104 ENCHANTED PARKS, INC. AND RELATED PROPERTIES ANNEXATION TO THE CITY OF FEDERAL WAY ASSESSED VALVES OCTOBER 13, 1997 ) Parcel Tax Account Land Improvements No. No. Taxpayer Value Value Taxes . I 282104-9026 Enchanted Parks, Inc. $1,456,000.00 $1,121,300.00 $2,577,300.00 2 282104-9025 Enchanted Parks, Inc. 146,700.00 76,600.00 223,300.00 3 721265-2350 Fairfield Developments, Inc. 583,300.00 None 583,300.00 4 721265-2310 Enchanted Parks, Inc. 298,000.00 None 298,000.00 5 222104-9014 King County Milton Road None Exempt TOTALS: $2,484,000.00 $1,197,900.00 $3,681,900.00 A IT ACHMENT - Page 4 of 5 5 \ EXHIBIT C #7191715361-3 UHPOI!.DOC 10/24/97 £Ø'd %17' ve1l.8£8 vv:S1 ¿661-£ç-lJO = .\7"'----- § .s g- --e--+--.e- ~ ~ A ITA CHMENT Page 5 of 5 5 . J i i I ~;:! O. t H J " . r:i sp - ~ ~ "8 ~ 1 ~h cnJ ah W! ~êi " ) c( w a: c( z cO w- oo'" 0« a.~ OZ ~ E ~ ~ .... z ~:I ~~ -'::I; ï:i:::J ~t ~o ~ I- - CD - :J:: X LJ.;' ) .".=,~-- --, PROPOSED ANNEXATIO1~ AREA " .' ANNEXATION AREA BOUNDARY ..--1- SCALE: I" = 750' (f) ~ -1 D- If) w > <{ ) co N 'I I I i N E ) <) e 'ì(:. -..\ «C:::> ~ \ ~';v ~ ~Ò' ~ - V If. ---;0. iii _1;';I;~}I1Þ1i':]!1", -.¡'; n I . , of giiltoffi is ~_:;:'~:3~:','-~'<::;: :_-~.-z~'~ , "j', ',C.. -J ------.~_.- - I ~ ø ~ oþ ~ \ /' SE Q J À4: ~ !:: ~ '\ 10.. Cø~ ~ounty I t I - - - - - - - - - -- - -, -- -", , . I --- Milton ---------- lOng ColnIY -------~ Pler~ CoI.II I '-- 7 - / Ì> ""' r E:0°d %I'¿ I'0t~e . ""1-£ë:-i::JO ':51 l.oo -",,", -- .... .......-- ~' e- ~ cf .e +-~ ~ i . J I § 1 ~i~ .J ~IÏ 0 J i:!:¡ Cj .~ - ...8 I §it! ~I ah ~! ~U ATI ACHMENT 8 :1 ( . ~ ~ ... Z ,.,::1 ~". t:: -':::I: ~:J ~t ~o ( ---- "'='~- -' . I 07 I I I I I : sW 320th St II > « ~ 08 09 11 I 1041 I I I I I ! f der I I I I I I I I --t-------- SW 3 6th St I I I I 2<4 I I I I I I I I I I I I I I ----~---------------- I I I 19 ~ " ~ " ~ , ~ ,---;: , Ñ 30 In II ~ ... /!. " ".'. ".-.-., " ". ~ Mi Iton A IT ACHMENT \\ pä PIERCE COUNTY 9 KING COUNTY . Densities sho - Unincorporated Activity Center CJ Industrial density lost fn COMPREHENSIVE - additional den: - Community Business Center Forestry clustering and PLAN - CJ (du = dwelli~ Neighborhood Business Center Agriculture The maps in the Kin LAND USE MAP - Commercial Outside of Centers - Mining appendices and this inforT:1ation system. 1995 - Urban Plan Development - Greenbelt/Urban Separator depicled on this mal the aporopriate agel - Urban Residential> 12du/ac. ~ King County Owned inside front pocket ( .<'...,.~ -,' GrowtJ:! Manaqemer Township 21 Range 4 CJ Open Space/Recreation Of Zt:nWlg Inqutn8S, Urban ResidentiaI4-12du/ac . Ermronmental Serv Includes Comprehensive - Other ParkslWilderness CJ Urban Residential1du/ac . This map is intende Plan Land Use changes CJ Incorporated City to show accurate m I..'~~I through Ordinance #12065 Rural City I.'./~}; Muckleshoot Reservation Urban Growth Area (December 1995) CJ New Rural City /V Urban Growth <8 mzs " Urban Growth Area Area Boundary - Rural Town /,/ Forest Production 0.6 0.6 0.6 I .+. 81 District Boundary 0 0.2 Rural Neighborhood /,/ Agricultural Production ~ CJ Rural ResidentiaI1du/2.5-10ac District Boundary MILES . I I I I I I : SW 320th 5t 5W 312th 5t 08 1\ 11 I I I , I 'f der I I I I 5W 3 6th Stl ----------- 24 I I I I I I I I r I I I I I 1 I --- 1----------------- I 25 : ~ "-, ~ " ~ ,--¡¡ '- N ~:~:¡O"- '\:0;:, '<~t,;; ...~6~ 8t ,,' ~~ '" ',,- ',,-, ------- " 31 '" "', ... 30 r/) .. ~ :! A IT ACHMENT ZONING CLASSIFICATION (DU - Dwelling Unit) THIS MAP S FOR EACH P KING COUNTY CJ A-10 - Agricultural, c::J R-8 - Residential, TIns MAP DOES I one DU per 10 acres eight DU per acre CONDITIONS. SI) ZONING ATLAS c::J R-12 - Residential, DISTRICT OVERL - A-35 - Agricultural, 12 DU per acre TO MANY PROPE Township 21 Range 4 one DU per 35 acres - R-18 - Residential, 1HISMAP ISAGI - F - Forest OFFICIAl. ZONIN( Includes zoning changes 18 DU per acre ÞN( IM:ONSISTE - M - Mineral - R-24 - Residential, ESTABLISHING TI through Ordinance #12535 ALl PROPERTY~ CJ RA-2.5 - Rural Area, 24 DU per acre DISPLAYEO ON TI (December 1996) one DU per 5 acres. - R-48 - Residential, DEPARTMENT OF WE~600 136 IäJ RA-5 - Rural Area, 48 DU per acre LE NE 296- one au per 5 acres I~jjr,.)ìf I NB - Neighborhood Business THE A Tl.AS I S PR - RA-1O - Rural Area, - CB - Community Business GEOGRAPHIC IN' one au per 10 acres ARE AVAILABLE F CJ UR - Urban Reserve, ~ RB - Regional Business . fo¡ one DU ped one DU per 5 acres - 0 - Office see KCC 21A 12.0 @)ÐœS+ CJ R-1 - Residential, fïiïiiII] I - Industrial one au per acre c=J Incorporated City c=J A-4 - Residential, four DU per acre ~ Muckleshoot Reservation .., A-6 - Residential, /V Urban Growth ~-.---. n__-' O~~} 0.4 0.6 0.8 1 CJ _:-- n.. --- __r- FEB-Ø4-1998 15: 06 FROM þ'~ ASSOCiATES TO 2536614024 P.01 ¿ . . @) RECEIVED APR 2 It 1997 ICing Coun~ Depa11mcnt ofDevelo'!-,.imÍ ftDd' Environmental Seniœ8 3r.oo . 13Cth Place So\1ÙIc3øt Bc1kvuc:, W.~h¡"~(tl 9I()()6.1-tOO B-twelve Associates, 'no. April 23, 1997 Phont'i' f:ãx-, Phone . FIX' Ms. Susan Bw¡omeåltflr 1103 WatNeek« 8tm", Suite G Kent, WA 98032-5751 1Œ: ~ ,. 'W'dd Waves; Pre-app1ication # A96MO21 S Dear Sue, Per your reque8t, I hive nMewed the doœmeats you forwarded to me regardiDg the current ç1...ification. ofMwi LùJ' mt a. a..a 2 wet1aad. Þ4 outlined in your letter, the owner¡ oftbe EncbanNi ~l!rkIW'tl.~ '.t-j'fivea pmpirty would iike to have the dP..CigJ\~tion cb¡r-üed t-;- reft«t.,tbe ~fIIin& ~Hídìt (Il1:'S 1J'.d VBe of the open water component of\be lake , as a stol'l11W8ter management &ci;. ~. If the P.qu~ m.odiñcations wen: made, o1l1y a small ia1and aDd a 2S f« t: bWfer ,.~~ i~ within ill-: lÛ'e would be reguIa1ed by the Sensitive Areas code. Ti1ß m:naíuder of the lab::me! the surroundÎ1\g area would therefore be unencumbered U1d ØWI1, be manipulated to :&Ore effeçûve1y deal with the existing flooding problema. In )U'~ h=tter, you point out that this is not only appropriate, but also oonaistent with bow King County bas regulated Mud Lake in recent pernlit applications your dient baa received. " In an attempt to respond to your request, I reviewed the inventory iDfonnation on Mud Lake from the 1918 Wetland ,Inventory. I also looked at aerial pbotograpba to establish the timeIine of deve1opmem of th~ ø;rl".a surrounding the lake. A1I you state in letter, the clearing adj~ tQ ~,Jakc- bega.ri. be ~r If: the originally inva1lOry of this f=ture wI; icb was comp~ in ,1981: ' SØ:e ~tt1 ~ the Mte ha! been intensely developed with extensive impenioUl rur.mœ ßDd ~.vk rdatedimproV('meDta immediately adjacent to the lake. W~ a retaining Will ,amunð. ¡~ entlï ~ perimeter, the Jake really bas the appearanœ of a Iar¡e stonnwater nWVlRanœt &.cility. King County hu in &ct reviewed and approved these improveu~,,¡rta throu¡h several com~eial permi1s aDd appears to have never imposed the wet1ar.d p~'OteáioD standards specified by the Sensitive Area¡ code. Application of the8e standard. now would not preserve any existing habitat or buffer vegetation 8Dd therefore eema inappr-.>pIÌate. BuccI upon DIY roYiaw of the ínfòrmation IUbmitted aDd my IÍtC viait, I CODCUI' with your aøeasmem of the lite and a¡rec that Mud Lake is more appropriatc:ly managed as a lake or Itonnwater managemalt facilit.y.without the encumbrances of the wetland designation. Ahhough Mud Lake ÍI QUrently 'La..sJ1~ as a wetland, KCC 21A24.010 provides a ,', A IT ACHMENT - Page 1 of 2 11 @ .....", ..'OO ',' - ',------- . . fEB-04-1998 15: Ø6 FROM B12 ASSOCIATES TO 2536614024 P.02 Sue Burgemeåltel' Apri123,1997 Page 2 , \ 'Î , , mechaniIm for DDE$ 8tItF. to resolve ctiacrepancia between on lite c:onditiOll& aød the inventory documentl. In IUf.n ~ it is the aite speàfic COnditiODl that govern. ~ County baa made a ftlllÑw!r of such adjuatmeDta in cues iDYolving Lakes and other large open water features. In fact there is an Administrative Iøterpretation that exclude¡ lakes which have ÍDtenIely developed sborc1inea Jrom regu 1&ûon as wetlands. It is my opinion that Mud Lake dearly fall. into this category and therefore shauJd Dot be regulated as a wctlaDd. Toward that end, I wiJ1 take the steps D«1nry to officially remov~ the . i1~pa&k,n £-0111 'ÚJi- ~ in the Vi edaud inventory aDd in the County~ s GIS system. AI. you point out in your Jetter, hoWever, the island would still be coDlÍdered a wetland. That bein¡ the cue, you abouJd complete the attacbed Notice on Title document¡ to reflect the presence of thi¡ feature. To insure that our records are comp" please forward a copy of the œœrded doaunentl to me once that proœss has been completed. If you have any questions or I can be oftùrther _stance. pleue contact me at 296-7242. Sinl;;erely, on Hansen, Senior Ecologist Site Development Servicea Attachments çc; Geor¡e Romina. 'GIS Manager. AdmiDistrative Services DMaion 'Randy Sandin, Sv.f..:rviaìng Engineer, Site Development Services LaUi'ä 'CäSey, Léâd Senior &OlOÐst, Ecology Unit, SDS ATTACHMENT - 11 Page 2 of 2 TOTAL P. 02 MEETING DATE: February 17, 1998 ITEM# 1/12- {;t-J .""".."'..."'.""""""""""""""""""""""""'..."""".""""""""'"..................................................................................................""".""""""".""""""'."'."."" CITY OF FEDERAL WAY City Council AGENDA ITEM S UBJE C T : ENCHANTED P ARK ANNEXA TI 0 N """""""""'."""""""""""""""""""""""'."""'.'.'.."'.""'".................................................................................................................................................. ...... CATEGORY: BUDGET IMP ACI': _CONSENT _X_ORDINANCE _BUSINESS _HEARING FYI _RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ."""""""."..""'."""""""""""""""""""""""'.".'.'.""'"..........................................................................................................................................,......... ........ ... ~ IT ~ ~~~:... ~~. ~~~ .~~..~~~~~ J ..~~~ ~)J;.. ~~.A ~~~~~ ~!:1.. ~.~~~:....................................... .""""'" SUMMARYIBACKGROUND: 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. 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. The 60 percent petition was received on October 27, 1997 (revised February 9, 1998) and covered only that area north of369th Street, which is a smaller area than included within the ten percent petition. On November 13,1997, the City Council and Planning Commission held a joint public hearing on the OP-4 development regulations (the first public hearing on the OP-4 development regulations). The February 17, 1998, public hearing will be the second public hearing ...~.':l.. ~~..Q ~~ ß~~!~p.~~~ .~~~P:~~.. ~.~ .~. P.~.~ ~~. ~~~~. ~.J?. ~~ ..~~.~~ ~~. ~~~! ~p!:1.1.~L~u.~~L .................................... my COUNOL COMMITTEE RECOMMENDATION: Make a motion to move the ordinance approving the ...~~?:':~P:~!:1..~.~~~~E~~~g..............................................................................................................................:........................................... .............. .JJ!¥.~~Ç!!~.~£QMM!;;)~!>.~TI9J~.i..t~~~='-~j~"'~~ APPROVED FOR INCLUSION IN COUNOL PACKET: ~ ib (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNOL ACI10N: _APPROVED _DENIED - T ABLEDIDEFERRED/NO ACTION COUNOL BILL ## Ist Reading Enactment Reading ORDINANCE ## RESOLUTION ## /9/ ANNEx.ORD DRAFT ~ ( / /'7J>- ORDINANCE NO. AN ORDINANCE OP THE CITY COUNCIL OP THE CITY OP PEDBRAL WAY, WASHINGTON, DHEXING APPROXIXATELY 65 ACRES LOCATED BETWEEN SR 161 (ENCHANTED PARKWAY), :INTERSTATE 5, K:ILTON ROAD SOUTH, SOUTH 369TH STREET, AND 19TH WAY SOUTH. 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 subject property Commercial/Recreation; and ORD # , PAGE 1 WHEREAS, on July 26, 1996, the City Council adopted Ordinance No. 96-270, which zoned the subject property OP-4 under the City's land use code (Chapter 22 of the Federal Way City Code ("FWCC") ); and WHEREAS, the annexation action is exempt from all environmental review pursuant to RCW 43.21C.222; and WHEREAS, on November 13,1997, the City Council and Planning Commission jointly held public hearings, after public notice as required by law, on the adoption of zoning development regulations for the subject property; and WHEREAS, on February 9,1998 Enchanted Parks, Inc. submitted its Petition for Annexation of the property legally described and depicted 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; and WHEREAS, on February 17,1998, the City Council held a public hearing, after public notice as required by law, on the adoption of zoning regulations for the subject property, on a 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 ci ty Council adopted Resolution No. 98- -' declaring and giving notice of its intention to annex the subject property; and ORD # , PAGE 2 WHEREAS, on March 3,1998, the city Council, by ordinance No. 98----, approved and authorized the city Manager to enter into a concomitant development agreement with Enchanted Parks, Inc., and adopted development regulations for properties zoned OP-4, as required by Resolution No. 98----; and WHEREAS, the City council finds that it would promote the health, safety and welfare of the citizens of Federal Way to annex the subject property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: section 1. Annexation. The City of Federal Way hereby annexes approximately 65 acres lying between SR 161 (Enchanted Parkway) , Interstate 5, Milton Road South, South 369th Street (MAnnexed Property"), and 19th Way South, as legally described and depicted in Exhibi t A attached hereto and incorporated by this reference. The Annexed Property shall become a part of the City of Federal Way, Washington, as of the effective date of this Ordinance, subject to laws and ordinances, regulations and plans of the City, as they now exist or may hereafter be amended or adopted. section 2. Indebtedness. The Annexed Property shall assume its pro rata share of existing city indebtedness, and shall be assessed and taxed at the same rate and on the same basis as other property within the City to pay for any and all outstanding indebtedness of the City approved by the voters, contracted for or ORD # , PAGE 3 . incurred prior to or existing as of the effective date of this Ordinance. section 3. Development Regulations. The zoning development regulations as adopted by Ordinance No. 98- take effect as of the effective date of this Ordinance. shall Section 4. Filinq. 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 County Council of King County, pursuant to RCW 35A.14.140. section 5. 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 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. Effective Date. This ordinance shall take effect and be in force 45 days after the date on which the Notice of Intention to Annex is filed with the Washington State Boundary Review Board CMBRB")for King county pursuant to Resolution No. 98- ----' if no person or entity invokes the jurisdiction of the BRB, or on the effective date of BRB approval of the annexation if BRB jurisdiction is invoked. ORn # , PAGE 4 " this PASSED by the City Council of the city of Federal Way day of March, 1998. CITY OF FEDERAL WAY MAYOR, RON GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ORDIN\ANNEXENCH.PRK ORD # , PAGE 5 .,. ( ESM inc. A CIVil ENGINEERING, lAND SURVEY, AND PROfECT MANAGEMENT CONSUlTING FIRM [It Enchanted Parks lob No. 163-03-950-006 October 16, 1997 EXHIBIT ~ PAGE-LOF -'- 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 corner of Parcel "Z" of "Regency Woods Division In 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 I Kit Corner 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 recorded 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; THENCE southeasterly along said southwesterly margin to the POINT OF BEGINNING. See attached Exhibit "B". Written by: C.A.F. Checked by: RJ.W. \\csm\sys\wrd-proc\lcgal\l630304.doc /0//7/ '! 7 720 South 348th Street. federal Way. Washington 98 federal Way (206) 838-6113 . Tacoma (206) 927-0619 . Seattle (206) 623-5911 £XP1AES . fax: (206) 838-7104 TO ACCOMPANY LEGAL DESCRIPTION FOR ANNEXATION A PORTION OF SECTIONS 28. 29. 32 AND 33, lWP. 21 N., RGE. 4 E.. W.M., KING COUNTY, WASHINGTON SCALE: 1" = 400' ~ I 0 400 800 PARCEL OWNERSHIP CD ENCHNoIT£O' PARKS INC. 0 ENCHANfrD PARKS INC. 0 ENCHANTED PARKS, INC. 0 ENCHANTED PARKS INC. 0 KING COUNTY 0 W.S.D.O.T. n 'Y~ ~<". 11~-1-, o~Q. "1ó y t"% 't- :;A c::.."'<Ô ~'o - -0 --v.. ~1ó'a, ""-,,-:;'~ Cf'C'..Q~ :/'1'! ~ 1> I/)~ f}¡~ Q. ~ -:'! CD 0 ø h EX~ft~,n-¡¡ A rn~n'::-J:J I. fØ\ , ...-- PAf!:'~ ~~:.' a I' . .--.; \.:..1 ....~ ~ '~i » r; ESM inc. JOB NO. 163-03-950':"'006 DRAWING NAME: 163\OJ\EXH-ANNP DATE: 02-06-98 DRAWN: C.A.r.jR.J.B. SHEET 1 or 1 ICIIl~""_.""MItI_!DII.llCrJI 720 So. 348th Street F"EDERAl WAY. WASHINGTON 98003 PHONE: (253) 838-6113